Kentucky energy and electricity

Coal share is the portion of Kentucky in-state electricity net generation supplied by coal. Coal-fired plants and alternative generating resources concern this mix; in-state generation differs from electricity consumed in the state. Procurement targets and authorizations are distinct from operating plants or measured output. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Coal share of in-state electricity generation. This record’s connection to the topic does not establish an effect on the measured result.

2.Acceleration of designated critical artificial intelligence infrastructure projects (a)In generalTitle III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) is amended by adding at the end the following: 306.Acceleration of designated critical artificial intelligence infrastructure projects (a)DefinitionsIn this section: (1)Covered projectThe term covered project means a project to construct, expand, repower, or reopen critical artificial intelligence infrastructure. (2)Critical artificial intelligence infrastructureThe term critical artificial intelligence infrastructure means— (A)one or more data centers or high-performance computing facilities with a total connected electrical load of not less than 50 megawatts that is primarily dedicated to the training, development, or inference of artificial intelligence or other machine learning models; (B)any dispatchable baseload electric generation facility— (i)with a nameplate capacity of not less than 100 megawatts; (ii)capable, without regard to restrictions on use imposed solely for reasons other than engineering design or physical capability, of providing firm, dispatchable capacity and continuous electric service for not less than 85 percent of the hours in a typical calendar year; (iii)that does not derive its primary energy input from intermittent renewable sources, with or without energy storage; and (iv)is contractually committed, in whole or material part, to provide firm, dispatchable electric supply to facilities described in subparagraph (A), through the applicable retail electric utility or cooperative serving such facilities, consistent with State service laws; (C)associated high-voltage electric transmission facilities, including any network transmission upgrades necessary to reliably serve the facilities, essential to interconnect facilities described in subparagraph (A) or (B); or (D)fuel supply infrastructure essential to the operation of facilities described in subparagraph (B), including— (i)coal mines and coal preparation facilities, as defined in section 701 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1291); (ii)natural gas gathering, processing, storage, and transportation facilities subject to the Natural Gas Act (15 U.S.C. 717 et seq.); (iii)oil and gas wells and wellhead production facilities (as defined in section 3(4) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702(4))), together with oil or petroleum product pipelines and related terminals (as such term relates to hazardous liquid pipeline facilities under section 60101(a)(22) of title 49, United States Code); and (iv)rail, barge, or other transportation infrastructure (as such terms are used in sections 13102(27) of title 49 and 2101(3) of title 46, United States Code) materially dedicated to the delivery of fuel to such facilities. (3)Federal authorizationThe term Federal authorization means any permit, license, approval, or other administrative decision required under Federal law to site, construct, expand, operate, or maintain a covered project. (b)Presidential designationThe President may designate one or more covered projects as priority national defense projects and publish such designation in the Federal Register. (c)Concurrent permitting (1)CoordinationFor any covered project designated under subsection (a), the President shall require each head of a Federal agency with responsibility for issuing permits, licenses, or approvals to— (A)conduct reviews concurrently to the maximum extent practicable and consistent with applicable law; and (B)adhere to a consolidated schedule established by the President in accordance with paragraph (2). (2)ScheduleThe President shall ensure that a consolidated schedule described in paragraph (1)— (A)establishes interim milestones and deadlines for action by the head of a Federal agency described in paragraph (1) with respect to the designated covered project; and (B)requires completion of all necessary Federal authorizations not later than 2 years after receipt of a complete application from the owner of the covered project, unless the President determines that additional time is required due to extraordinary circumstances. (3)ConsultationThe President may consult with State, Tribal, or local permitting authorities in developing the consolidated schedule described in paragraph (2). (4)EnforcementFailure by a Federal agency to adhere to the consolidated schedule established for a designated covered project unless approved by the President shall be treated as a failure to act under section 706(1) of title 5, United States Code. (5)Dispute resolution (A)In generalThe President or a designee described in subparagraph (B) shall have exclusive authority to resolve disputes among Federal agencies regarding the scope, schedule, or terms of Federal authorizations. (B)Designee describedThe President may, for a covered project, assign a designee as follows: (i)The Secretary of Defense. (ii)After publication in the Federal Register, the head of another Federal agency. (d)Environmental reviewThe President shall designate a single Federal agency to serve as the lead agency responsible for preparing all environmental reviews and related documents for a designated covered project, which shall be deemed sufficient for such reviews required for relevant Federal authorizations. (e)Judicial review (1)Venue; limitationA civil action seeking review of a designation under subsection (b) shall be brought only in the District of Columbia Circuit. A civil action seeking review of a Federal authorization under subsection (c) shall be brought in the United States Court of Appeals for the circuit in which the covered project is principally located. (2)Timing of civil actionsA civil action described in paragraph (1) may only be brought during the 60-day period following the date on which the applicable designation or authorization is made. (3)Expedited considerationThe United States Court of Appeals for the District of Columbia Circuit shall provide expedited consideration for a civil action described in paragraph (1), and shall issue a final decision on the merits not later than 60 days after date of filing of the complaint. Such decision may only be appealed to the Supreme Court of the United States. (4)Injunctive reliefThe United States Court of Appeals for the District of Columbia Circuit may not issue a preliminary injunction for a civil action described in paragraph (1) unless the court finds a designation or an authorization that is the subject of the civil action is arbitrary, capricious, or contrary to law. Any injunctive relief shall be narrowly tailored to remedy such defect. (5)RemediesThe United States Court of Appeals for the District of Columbia Circuit may not vacate a designation or authorization unless the court finds by clear and convincing evidence that the designation or authorization is unlawful. Relief shall be limited to the covered project that is the subject of the civil action. (f)National defense exemptionThe President may, by executive order, exempt a covered project designated under this section from the application of new emissions limitations or operational requirements promulgated under Federal law after the date of designation, if the President determines and publishes in the Federal Register that— (1)the continued operation of such project is necessary for national defense (as defined in section 702 of this Act); and (2)application of such new requirements would materially impair the ability of the project to provide critical capacity in support of national defense. (g)Compensation for Federal Regulatory Impairment (1)Right to compensationIf, after a project or facility is designated under subsection (b), any change in Federal statute, regulation, agency order, or permit condition imposed by a Federal agency prohibits or materially impairs the operation of a facility described in subsection (a)(2) for a continuous period of not less than 180 days—despite the facility’s compliance with all previously applicable Federal requirements—the United States shall pay monetary compensation to the owner or operator for the resulting loss in value and revenue, as determined under paragraph (2). (2)Determination of compensation amountThe amount of compensation shall equal the diminution in fair market value of the facility and the reasonably foreseeable loss of net revenue directly caused by the Federal action, as determined by an independent appraisal using generally accepted valuation methodologies that exclude unrelated market fluctuations or voluntary retirements. (3)ProcedureA claim shall be filed with the lead agency designated under subsection (d) within 270 days after the impairment period described in paragraph (1) is satisfied. The lead agency shall issue a final written determination within 180 days after a complete claim is filed. Failure to act within that period shall constitute final agency action for purposes of subsection (e). (4)Source of fundsCompensation under this subsection shall be paid from the Defense Production Act Fund established under section 304 of this Act, subject to the availability of appropriations. The head of the lead agency may enter into binding settlement agreements to satisfy liability under this subsection. (5)Limitations and exclusionsNo compensation shall be paid for losses attributable to— (A)gross negligence, willful misconduct, or knowing violation of law by the claimant; (B)voluntary retirement, decommissioning, or mothballing decisions not compelled by the Federal action; (C)non-Federal actions or orders; (D)routine permitting delays or conditions not rising to a material impairment; or (E)costs or losses already recovered from ratepayers or third parties, or that would result in double recovery. The claimant shall have a duty to mitigate losses reasonably. (6)Remedies and sovereign immunityThe United States waives sovereign immunity for monetary relief under this subsection, but not for punitive, exemplary, incidental, or consequential damages, and not for attorneys’ fees except as expressly provided by law. Venue, timing, expedited consideration, and standards of review shall be as set forth in subsection (e). Relief shall be limited to payment of the compensation amount. (7)SubrogationUpon payment, the United States shall be subrogated to the claimant’s rights against any third party with respect to the impairment to the extent of such payment. (h)Title III financial assistance for dispatchable baseload facilities serving designated projects (1)EligibilityA facility described in subsection (a)(2), including a coal-fueled facility meeting subsection (a)(2)(A)–(C) and contractually dedicated under subsection (a)(2)(D), shall be eligible to receive financial assistance under sections 302 and 303 of this title, including loans and loan guarantees, purchase commitments, and other instruments to expand or preserve productive capacity necessary to serve critical artificial intelligence infrastructure. (2)AdministrationThe President may carry out this subsection directly or through delegation to the Secretary of Defense, the Secretary of Energy, or another appropriate officer. Electric cooperatives and their subsidiaries shall be eligible recipients on the same terms as investor-owned or municipal utilities. (3)TermsSubject to sections 302 and 303, assistance may cover up to 90 percent of reasonable project costs, with a maximum maturity of 30 years or 90 percent of the reasonably expected economic life of the financed assets, whichever is shorter. The President may require collateral, seniority, covenants, or credit support as necessary to protect the interests of the United States. (4)PriorityIn making awards, the President shall give priority to facilities that— (A)directly supply one or more projects designated under subsection (b); (B)can commence commercial operation or repower within 36 months; and (C)materially improve regional reliability margins as determined by the applicable reliability entity. (5)Use of fundsAmounts made available to carry out title III may be used to provide assistance under this subsection, including for pre-construction activities, long-lead equipment, environmental controls, and interconnection or network upgrades essential to serve designated projects. (6)GuidanceNot later than 180 days after the date of enactment of this section, the President (or designee) shall issue guidance establishing application procedures and standard terms for assistance under this subsection. (i)FundingAmounts made available under this title may be used to carry out the consolidated schedule described in subsection (c)(2), including for staff, technical reviews, or contracting necessary to meet the requirements of such consolidated schedule. (j)Access to fundingIn carrying out this section, the President shall ensure that rural electric cooperatives that are eligible for financing, loans, and loan guarantees available through the Rural Utilities Service of the Department of Agriculture can be designated as a covered project, including such cooperatives involved in the generation, transmission, or interconnection of facilities that support critical artificial intelligence infrastructure. . (b)Conforming amendmentSection 702(14) of the Defense Production Act of 1950 (50 U.S.C. 4552(14)) is amended by inserting (including critical artificial intelligence infrastructure designated under section 306) after critical infrastructure protection and restoration.

Coal share is the portion of Kentucky in-state electricity net generation supplied by coal. Coal-fired plants and alternative generating resources concern this mix; in-state generation differs from electricity consumed in the state. Procurement targets and authorizations are distinct from operating plants or measured output. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Coal share of in-state electricity generation. This record’s connection to the topic does not establish an effect on the measured result.

(6) (a) Notwithstanding any provision of law to the contrary, this section shall not be construed as limiting the commission's authority to approve a utility's right to record and seek, prior to retirement authorization, the recovery of any electric generating unit's decommissioning, removal and salvage costs, and depreciation expenses through rates over the electric generating unit's estimated depreciable life. (b) Approval to recover any costs or expenses und er this subsection shall not be considered approval of, or support for, retirement or approval of timing of retirement of an electric generating unit in any proceeding considering a retirement application filed pursuant to subsection (1) of this section.

Coal share is the portion of Kentucky in-state electricity net generation supplied by coal. Coal-fired plants and alternative generating resources concern this mix; in-state generation differs from electricity consumed in the state. Procurement targets and authorizations are distinct from operating plants or measured output. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Coal share of in-state electricity generation. This record’s connection to the topic does not establish an effect on the measured result.

SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO READ AS FOLLOWS: (1) As used in this section: (a) "Affiliate" means any person, partnership, or corporation that controls, is controlled by, or is under common control with, a utility; (b) "Authority" means the Kentucky Nuclear Energy Development Authority established in Section 4 of this Act; (c) "Combined operating license" means a license issued b y the United States Nuclear Regulatory Commission pursuant to 10 C.F.R. sec. 52.71 et seq., or other licensing frameworks as may be adopted in federal regulations by the United States Nuclear Regulatory Commission for advanced nuclear generating reactors, that enables its holder to construct and operate a nuclear power plant at a specific site; (d) "Construction permit" means a permit issued by the United States Nuclear Regulatory Commission pursuant to 10 C.F.R. pt. 50 that enables its holder to construct a nuclear power plant at a specific site; (e) "Early site permit" means a permit issued by the United States Nuclear Regulatory Commission pursuant to 10 C.F.R. sec. 52.12 et seq. that enables its holder to secure federal site approval for a nuclear power plant site prior to seeking an operating reactor license from the United States Nuclear Regulatory Commission; (f) "Eligible applicant" means any utility or any affiliate of a utility and any current or prospective customer of a utility that is acting in partnership or collaboration with the utility or the affiliate; (g) "Generation III Plus" means the generation of nuclear reactor design following Generation III that incorporates passive and other safety measures and design improvements not included in pre vious nuclear reactor designs; (h) "Generation IV" means the nuclear reactor designs identified and selected by the Generation IV International Forum as follows: 1. Sodium-cooled fast reactors; 2. Gas-cooled fast reactors; 3. Lead-cooled fast reactors; 4. Molten salt reactors; 5. Supercritical water-cooled reactors; and 6. Very high temperature reactors; (i) "Nuclear energy generating facility" means a facility containing a nuclear reactor of Generation III Plus, Generation IV, or later design that produces electricity, at least some of which is sold to the public; and (j) "Utility" means a person, firm, corporation, association, cooperative corporation, federally owned electric utility corporation, or municipal corporation who owns, controls, operat es, or manages any facility used or to be used for or in connection with the generation, production, transmission, or distribution of electricity to or for the public for compensation. (2) (a) The authority shall create and implement the Nuclear Reactor Si te Readiness Pilot Program to facilitate the application for and procurement of early site permits, construction permits, or combined ACTS OF THE GENERAL ASSEMBLY 2 operating licenses from the United States Nuclear Regulatory Commission for the siting of new nuclear energy generating facilities in the Commonwealth. (b) Upon recommendation of the authority, the General Assembly may award eligible applicants grant funding of up to one -third (1/3) of the actual costs incurred in applying for and procuring an early site permit, construction permit, or combined operating license, not to exceed twenty -five million dollars ($25,000,000) per project. (c) The authority shall: 1. Create grant applications; 2. Establish grant applicant eligibility requirements; 3. Establish objective scoring criteria to evaluate grant applications; 4. Review any partnership agreement between eligible applicants for validity and completeness and to ensure that the agreement provides for the surety bonding or similar security requirements required under subsection (4 ) of this section and repayment responsibilities for all partners in the event that forfeiture and repayment of grant funding is required under subsection (5) of this section; and 5. Make determinations on applicant eligibility and evaluate and score each eligible applicant's grant application, in consultation with the Energy and Environment Cabinet's Office of Energy Policy and the Cabinet for Economic Development, according to the following criteria: a. The location, suitability, and previous use of the s ite for which the early site permit, construction permit, or combined operating license is sought; b. The economic condition of the region where the new nuclear energy generating facility would be located; c. The economic impact that the siting of a new nu clear energy generating facility would have in the region; d. Whether, in relation to other pending or past grant applications or awards under this section, the proposed site would be located in a geographically diverse region of the Commonwealth; e. The amount of additional investment being made in the proposed project by the eligible applicant or applicants or other sources; and f. Any other criteria the authority deems appropriate to evaluate. (d) Notwithstanding any provision of law to the contrary, any information, data, or records provided as part of an application for grant funding under this section shall be confidential and exempt from disclosure under the requirements of KRS 61.870 to 61.884. (3) (a) To be eligible to apply for grant funding under this section, eligible applicants must demonstrate that: 1. The community where the proposed site of the new nuclear energy generating facility would be located has applied for a nuclear-ready community designation under KRS 164.2804; and 2. There would be material benefits, including but not limited to the provision of electric utility service, job creation, and return on investment to the ratepayers and the impacted community to be served by the proposed new nuclear energy generating facility. (b) To be e ligible to be awarded grant funding under this section, eligible applicants must demonstrate that the community where the proposed site of the new nuclear energy generating facility would be located has received a nuclear-ready community designation under KRS 164.2804. (4) In exchange for any grant funding authorized by the General Assembly under this section, the utility or the affiliate and any partners it may have shall procure a surety bond or other similar security acceptable to the authority in the am ount of the grant funding to be awarded. The surety bond or similar security shall bind the principal or principals and the surety to the Commonwealth to repay all grant moneys forfeited pursuant to subsection (5) of this section. The surety bond or other similar security shall be continuous and remain in effect until the completion of the construction of the nuclear energy generating facility for which the permit or license was issued or upon the repayment of all forfeited grant funds pursuant to subsectio n (5) of this section. Any cancellation of the bond or similar security shall not occur until thirty (30) days written notice is provided by the provider of the surety bond or other similar security to the authority. (5) A grant funding recipient and all o f its partners shall forfeit and repay all grant funding awarded under this section within sixty (60) days of: (a) If it has not already done so, failing to apply to the United States Nuclear Regulatory Commission for an early site permit within one (1) year of receiving any grant funding under this section; (b) Failing to apply to the United States Nuclear Regulatory Commission for a construction permit or combined operating license for a nuclear energy generating facility, or for a necessary license iss ued under other licensing frameworks that may be adopted in federal regulations by the United States Nuclear Regulatory Commission for advanced nuclear generating reactors, for which an early site permit was awarded within five (5) years of obtaining the e arly site permit. The authority may approve extensions of the deadline established by this paragraph in one (1) year increments for good cause shown; (c) Failing to commence construction of the nuclear energy generating facility for which all necessary permits or licenses have been awarded by the United States Nuclear Regulatory Commission within ten (10) years of obtaining all necessary permits or licenses. The authority may approve extensions of the deadline established by this paragraph in one (1) year increments for good cause shown; or (d) The transferring of the entirety of a utility's or affiliate's interest in the early site permit, the construction permit, or the combined operating license to an entity other than another utility prior to the commenc ement of construction of the nuclear energy generating facility for which a permit or license was awarded, unless the authority finds that the transfer is in the best interest of the Commonwealth.

The fact is the EIA Midwest regional regular-gasoline price, including taxes, covering Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee and Wisconsin. Kentucky policy concerns only one state in that regional measure; this is not a Kentucky statewide average. Fuel taxes, fees, supply and retail pricing rules concern components of pump prices; they do not determine the regional average. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Midwest regular gasoline price. This record’s connection to the topic does not establish an effect on the measured result.

(b) Biomass fuels Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at the end the following: (w) Biomass fuels Notwithstanding any other provision of this Act, the Administrator may not prohibit or control biomass fuel (as defined in section 203 of the Biomass Energy and Alcohol Fuels Act of 1980 (42 U.S.C. 8802)) under this Act. .

Coal share is the portion of Kentucky in-state electricity net generation supplied by coal. Coal-fired plants and alternative generating resources concern this mix; in-state generation differs from electricity consumed in the state. Procurement targets and authorizations are distinct from operating plants or measured output. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.

Retained Kentucky evidence context: Coal share of in-state electricity generation. This record’s connection to the topic does not establish an effect on the measured result.

2. The executive committee shall provide the executive director with all information, records, and data considered in the proposal to retire and shall include the executive director in all associated deliberations. Within one hundred eighty (180) days of the utility filing notice of the proposed activity, the executive director may submit his or her own written report with findings and recommendations, a written statement of position, or dissenting findings and recommendations to the Public Service Commission and the utility. (h) The executive committee's written report, the executive director's written report or position statement, and any dissenting statements provided to the Public Service Commission and the utility , shall be included in any retirement application made to the Public Service Commission under KRS 278.264, and the Public Service Commissio n shall not approve any retirement application without considering all information received from the executive committee , the executive director, or any member of the executive committee. Any order of the Public Service Commission in a proceeding under KRS 278.264 shall contain specific written findings of fact or conclusions of law addressing whether the executive committee's and the executive director's findings and recommendations , position statements, and dissenting statements were considered by the Public Service Commission. ACTS OF THE GENERAL ASSEMBLY 8 (i) No retirement application to the Public Service Commission under KRS 278.264 shall be deemed administratively complete unless it includes the executive committee's and the executive director's report, position statemen ts, and dissenting statements submitted pursuant to this section or evidence that more than one hundred eighty (180) days have passed since notice was submitted to the commission as required in paragraph (b) of this subsection and no executive committee or executive director report, position statement, or dissenting statement has been provided to the Public Service Commission or the utility.