EKPC v. Berea College trial date set for early next year

RICHMOND—A land use dispute between the Winchester-based East Kentucky Power Cooperative and Berea College will go to trial in February of next year.

Madison County Circuit Court Judge, the Hon. Kristin Clouse, has assigned Monday, February 26, 2026, as the hearing date in a case brought by the power coop against the College for the right to take about a mile of Berea College's forest in southern Madison County.

No CPCN needed

The utility seeks to build an 8.5 mile long 69 kilovolt transmission line which it claims is essential to maintaining residential power service in the region.

Because the proposed transmission line's voltage would fall below the Commonwealth's 139 kV threshold for filing a certificate for public convenience and necessity, EKPC did not need to come before the state's public utilities watchdog to prove the line is in the public interest.

EKPC has said the line will start at Three Links Road in Jackson County, then run through Big Hill, near the Owsley Fork Reservoir, before connecting about 1,500 residential customers to a new substation to be built on Red Lick Road.

Possible two-step final judgement

The College, meanwhile, has argued that the utility has not been transparent about its decision-making process, and has failed to demonstrate there is a need for the line to be built as planned.

The Berea College Forest spans more than 9,000 acres across both Madison and Jackson counties. Earlier this year, the utility filed suit in Madison County to force the College into participating in the two part eminent domain process.

After some legal wrangling over whether documents requested by the College in the discovery phase of the coop's suit, should be shielded from public view, Clouse told the parties she will hear their arguments early next year.

There are potentially two steps to the case. The first will be the trial in February to establish whether the coop has a right to take the College's property. After that decision, if necessary, there will be the "damages" phase where the judge will determine the compensation to the College for taking a portion of its forest.

EKPC filed same suit twice

When the power utility filed suit against the College in Madison County over the summer, it also filed suit in Jackson County, where the smaller portion of the College's forested land is located. State statute calls for these kinds of cases to be filed in the county where the majority of the land is located.

In September, when EKPC filed motions in Madison County's Circuit Court to expedite the case against the College and to shield the requested discovery documents from the public, the coop also filed the same two motions in Jackson County's Circuit Court.

A Circuit Court judge there, the Hon. Oscar Gayle House, earlier this week granted the College's request to transfer EKPC's Jackson County case against it to the Madison County Circuit Court so that there will now be only one proceeding.

At motion hour this morning, Clouse accepted the revised motion she'd ordered from EKPC, and which was agreed to by the College, that the utility may keep whole or partial documents shielded from the public. The discovery process in this suit is now expected to begin by Monday of next week.

"Under the terms of the court’s protective order, EKPC will provide all of the information Berea College has requested," EKPC Nick Comer told The Edge in a statement. "Confidential information, including data about critical infrastructure, will be provided to the College but protected from entering the public domain, as is routinely done in state and federal regulatory processes involving electric utilities."