Stephens, 110118 KYAGO, OAG OAG 18-16

Docket Nº:AGO OAG 18-16
Case Date:November 01, 2018
Court:Kentucky
 
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Michael L. Stephens, County Judge/Executive, Adair County
AGO OAG 18-16
No. OAG 18-016
Kentucky Attorney General Opinion
Commonwealth of Kentucky Office of The Attorney General
November 1, 2018
          Subject: Whether Adair County can establish a separate corporation to sell natural gas to its residents.          Requested by : Michael L. Stephens, County Judge/Executive, Adair County          Written by: Sarah Ellen Eads Adkins, Assistant Attorney General          Syllabus: This office is unable to find any authority preventing Adair County from establishing a corporation to sell natural gas.          Statutes construed: KRS 67.710; KRS 278.020          OAGs cited: None           OPINION OF THE ATTORNEY GENERAL          Adair County Judge/Executive Michael L. Stephens requested an opinion of this office regarding whether Adair County, by way of the County Judge/Executive, can establish a separate corporation apart from the water district to sell natural gas to its residents?[1]          Before rendering this opinion, the office requested input from Mr. Michael Stephens, County Judge/Executive for Adair County, and Mr. Lenny Stone, the Utility Manager Engineer in Adair County. This office also obtained a July 9, 2018, Public Service Commission ("PSC") opinion solicited by Judge Stephens regarding a related issue.          The underlying facts have not changed since PSC issued their opinion, but Judge Stephens' question has changed. Currently, residents of Adair County do not have access to natural gas. Judge Stephens' constituents have been requesting natural gas and he is attempting to provide this service in Adair County. Judge Stephens originally asked if the Adair County water district could provide natural gas to its residents. PSC answered that the water district could not provide natural gas and this office agrees with that conclusion. Now, Judge Stephens asks if he, as County Judge/ Executive, can establish a separate corporation in Adair County to provide natural gas to its residents.          "The county judge/executive shall be...

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