Senate panel advances bill to make EPIC independent, sparking dispute over open-records exemption

Senate Bill 100, the measure to strengthen and partly shield the Energy Planning and Inventory Commission, cleared the Kentucky Senate Natural Resources and Energy Committee after a contested hearing Tuesday.

Senator Robbie Mills, sponsor of the bill, told the committee the legislation “makes EPIC more independent. The governor cannot touch its structure, its staff, or how it spends its money,” and that the commission will remain connected to the University of Kentucky for technical support. He said limited confidentiality is needed so investor-owned utilities will provide proprietary work papers and modeling that EPIC requires to analyze power-supply adequacy.

The bill drew sustained public testimony urging greater transparency. Audrey Ernstberger of the Kentucky Resources Council warned that the original language “would change that structure” of Kentucky’s Open Records Act and could operate “like a blanket exemption” shielding a wide range of EPIC records, including procurement documents, communications and modeling assumptions. Alisa Owen of the Sierra Club said the law’s purpose is to give the public “a fundamental right to see how decisions are made” and asked the committee to remove the open-records exemption.

Committee members probed both sides about how EPIC would relate to the Public Service Commission (PSC) and whether discoverability in PSC proceedings would ensure public access. Witnesses said their concern is public access to records held directly by EPIC, not only the materials that later surface in PSC adjudications. Senator West noted EPIC is intended primarily to gather information for the legislature and public, while the PSC retains decision-making authority.

Senator Mills argued that without a “slight shield” utilities may refuse to share precise work papers and modeling, leaving EPIC unable to provide the independent analysis the legislature needs. He said the bill keeps EPIC connected to UK for research and leaves final regulatory decisions to the PSC.

After explanations of vote from multiple members and one member stating she would “pass” on the vote to seek further information, the committee approved SB100 as amended by committee substitute. Chair Smith announced the favorable passage; the bill will now move to the full Senate for further consideration.

Why it matters: EPIC was created in 2023 to inventory generation, forecast demand and advise policymakers. Supporters say an independent data source will help Kentucky plan for future electricity needs; opponents say broad exemptions from open-records laws would reduce transparency and public oversight of analyses that feed into regulatory actions.

Next steps: SB100, as amended by the committee substitute, will be placed on the Senate calendar for consideration by the full chamber.