Kentucky Governor's Executive Order to Limit Data Centers Faces Criticism Over Legal Authority
Kentucky's Governor has issued an executive order aimed at limiting data centers, a move that has drawn skepticism regarding its legal enforceability. Kent Chandler, a non-resident senior fellow in energy and environmental policy at the R Street Institute, suggests the order may lack legal weight. The Public Service Commission (PSC), which is responsible for weighing utility rate increases, operates with increased independence following a new state law. This law grants the PSC more autonomy from the executive branch, allowing it to conduct its duties without undue influence. Chandler highlighted a U.S. Supreme Court decision that limited presidential control over federal agencies intended to be independent, drawing a parallel to the PSC's current standing. The PSC's decisions on utility requests are guided by state law, which mandates that utility rates be "fair, just and reasonable." The governor appoints and reappoints the five commissioners, who are then confirmed by the Kentucky Senate. Chandler noted ... 
