declines jurisdiction

The Kentucky Public Service Commission (PSC) ruled that it lacks jurisdiction to approve a merchant transmission company’s plan for providing wholesale electric transmission service in Kentucky. The commission found that the new company, AEP Kentucky Transmission Company, Inc. (KY Transco), did not fit the definition of a utility under the state utility code even though the company had averred that its transmission service would be subject to both PSC and Federal Energy Regulatory Commission (FERC) jurisdiction. Dissenting Vice Chairman James W.