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.
by : Michael L. Stephens, County Judge/Executive, Adair
by: Sarah Ellen Eads Adkins, Assistant Attorney General
This office is unable to find any authority preventing Adair
County from establishing a corporation to sell natural gas.
construed: KRS 67.710; KRS 278.020
OPINION OF THE ATTORNEY GENERAL
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?
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.
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.
county judge/executive shall be...