Soice, 061820 KYAGO, AGO OAG 20-10

• Case Date: June 18, 2020
• Court: Kentucky

Beverly J. Soice, Paralegal AGO OAG 20-10 No. OAG 20-10 Kentucky Attorney General Opinion Commonwealth of Kentucky Office of the Attorney General June 18, 2020          Subject: Whether Louisville Water Company would violate Governor Beshear’s executive order suspending utility disconnections if it disconnected a water meter turned on without authorization.          Requested by: Beverly J. Soice, Paralegal Louisville Water Company          Written by: Charles A. English, Assistant Attorney General Office of Civil & Environmental Law          Syllabus: Louisville Water Company would not violate Governor Beshear’s executive order suspending utility disconnections if it disconnects a water meter turned on without authorization because the Governor’s order only applies to utility disconnections due to non-payment.          OPINION OF THE ATTORNEY GENERAL          Louisville Water Company (“Louisville Water”) requests this Office’s opinion whether Louisville Water would violate Governor Andrew Beshear’s executive order suspending utility disconnections if it disconnects water service at a residence turned on without authorization. For the reasons that follow, this Office finds that Louisville Water would not violate Governor Beshear’s executive order suspending utility disconnections if it disconnects a water meter because the Governor’s order only applies to utility disconnections due to non-payment.          On May 8, 2020, Governor Beshear issued Executive Order 2020-323. Among other things, the order provides:

6. Suspension of utility disconnections. Pursuant to the authority vested in me by KRS Chapter 39A, disconnections due to non-payment by all entities who provide natural gas, water, wastewater, or electric utility service within the Commonwealth, including, but not limited to entities created under KRS chapters 96 and 279, are prohibited for the duration of the State of Emergency under Executive Order 2020-215.1

(emphasis added.) Under the plain language of the order, the suspension of utility disconnections only applies to disconnections due to non-payment.          Here, the...