Kentucky Public Service Commission

Staff Report

Order Entered: Kenergy shall satisfy the matters complained of or file a written answer to the complaint within ten days from the date of service of this Order.

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NOTICE OF SATISFACTION

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Order Entered: 1. Northern Kentucky District shall satisfy the matters complained of or file a written answer to the complaint within ten days from the date of service of this Order. 2. A copy of this Order shall be served on Ms. Van Sant by U.S. certified mail, return receipt requested at 3488 Meadowlark Drive, Edgewood, Kentucky 41018.

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IT IS THEREFORE ORDERED that this case is dismissed with prejudice and removed from the Commission’s docket.

Order Entered: 1. The complaint is dismissed. 2. The case is closed and shall be removed from the Commission’s docket.

NOTICE OF SATISFACTION

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Final Order Entered: the Commission’s investigation of Damage Incident 53981 is hereby dismissed without prejudice, closed, and is removed from the Commission’s docket. The hearing scheduled for January 26, 2024, is hereby canceled.

Final Order Entered: the Commission’s investigation of Damage Incident 54100 is hereby dismissed without prejudice, closed, and is removed from the Commission’s docket. The hearing in this matter scheduled for January 26, 2024, is canceled.

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COMMISSION STAFF’S FIRST REQUEST FOR INFORMATION TO ROGER D. SHOCKLEE

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Order Entered: 1. Natural Energy shall satisfy the matters complained of by installing the requested line extension at the first quoted price provided in writing to Mr. Whitley at $3,051.23, with the pipe sufficiently sized to accommodate later requests for service, within 60 days from the date of service of this Order, and thereafter complying with the requirements of 807 KAR 5:022, Section 4(1)(b)2; or 2. Natural Energy shall file a written answer explaining why Natural Energy is unable to do so and include any determination as to why the extension should be considered uneconomic and with justification for any price increase related to the extension within 60 days from the date of service of this Order. 3. A copy of this Order shall be served on the Philip W. Whitley by U.S. certified mail, return receipt requested at 14402 Deerhaven Court, Rush, Kentucky 41168.

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Final Order Entered: 1. Phillips Waterproofing and Concrete be assessed a civil penalty in the amount of $250 for violation of KRS 367.47911(10) and KRS 367.4917(4). 2. Phillips Waterproofing and Concrete shall pay $250 within 30 days of this Order by cashier’s check or money order payable to the Kentucky State Treasurer and mailed or delivered to the office of the Kentucky Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky 40602. 3. The Commission’s Investigation of Damage Incident 43400 is hereby closed, and this case is removed from the Commission’s docket.

Final Order Entered: 1. Phillips Waterproofing and Concrete be assessed a civil penalty in the amount of $2,000 for violation of KRS 367.47911(1)(a) and KRS 367.4917(4). 2. Phillips Waterproofing and Concrete shall pay $2,000 within 30 days of this Order by cashier’s check or money order payable to the Kentucky State Treasurer and mailed or delivered to the office of the Kentucky Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky 40602. 3. The Commission’s Investigation of Damage Incident 53846 is hereby closed, and this case is removed from the Commission’s docket. THIS IS A FINAL AND APPEALABLE ORDER OF THE PUBLIC SERVICE COMMISSION.

IT IS HEREBY ORDERED that the Commission’s investigation of Damage Incident 54333 is hereby dismissed with prejudice, closed, and is removed from the Commission’s docket.

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Final Order Entered: 1. Ms. Van Sant’s complaint is dismissed. 2. A copy of this Order shall be served upon Ms. Van Sant by U.S. certified mail, return receipt requested at 3488 Meadowlark Drive, Edgewood, Kentucky 41018. 3. This matter is dismissed with prejudice and removed from the docket.

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Staff Notice

COMMISSION STAFF’S SECOND REQUEST FOR INFORMATION TO COLUMBIA GAS OF KENTUCKY, INC.

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Notice of Informal Conference

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Order Entered: 1. Abdul Al-Mousa shall submit to the Commission, via email sent to PSCED@ky.gov with the case number of this proceeding in the subject line of the message, a written response to the allegations contained in the Staff Incident Report within 20 days of receipt of this Order. 2. Abdul Al-Mousa shall appear on April 26, 2024, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of presenting evidence concerning the alleged violation of the Underground Facility Damage Prevention Act. 3. The April 26, 2024 hearing shall be conducted via video conferencing. 4. Abdul Al-Mousa shall attend the hearing by using the following link: https://meet.goto.com/pscformalhearing/psc-damage-prevention-hearing; information and instructions are attached to this Order as Appendix B. 5. Abdul Al-Mousa shall notify the Commission at least ten days prior to the hearing if Abdul Al-Mousa is unable to appear by video conferencing and will therefore appear in person. 6. Any partnership, corporation, or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with and appearances at hearings before the Commission. 7. An individual may submit a response to the allegations contained in the Staff Incident Report without the representation of an attorney.

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Order Entered: 1. Mr. Duncan’s complaint is rejected for filing for failing to state a prima facie case. 2. Mr. Duncan shall have 20 days from the date of service of this Order to file an amended complaint with the Commission that conforms to the requirements of 807 KAR 5:001, Section 20(1), and that states a prima facie case. 3. Mr. Duncan may file his amended complaint with the Commission by U.S. mail to P.O. Box 615, Frankfort, Kentucky 40602-0615 or by email to PSCED@ky.gov. Mr. Duncan shall include the case number, 2023-00384, in all filings with the Commission. A copy of this Order shall be served upon Mr. Duncan by U.S. mail to 8853 Hwy 2830, Maceo, Kentucky 42355.

Order Entered: 1. Domaschko Excavation shall submit to the Commission, via email sent to PSCED@ky.gov with the case number of this proceeding in the subject line of the message, a written response to the allegations contained in the Staff Incident Report within 20 days of receipt of this Order. 2. Domaschko Excavation shall appear on April 26, 2024, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of presenting evidence concerning the alleged violation of the Underground Facility Damage Prevention Act. 3. The April 26, 2024 hearing shall be conducted via video conferencing. 4. Domaschko Excavation shall attend the hearing by using the following link: https://meet.goto.com/pscformalhearing/psc-damage-prevention-hearing; information and instructions are attached to this Order as Appendix B. 5. Domaschko Excavation shall notify the Commission at least ten days prior to the hearing if Domaschko Excavation is unable to appear by video conferencing and will therefore appear in person. 6. Any partnership, corporation, or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with and appearances at hearings before the Commission.

Order Entered: 1. MS Construction and Remodeling shall submit to the Commission, via email sent to PSCED@ky.gov with the case number of this proceeding in the subject line of the message, a written response to the allegations contained in the Staff Incident Report within 20 days of receipt of this Order. 2. MS Construction and Remodeling shall appear on April 26, 2024, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of presenting evidence concerning the alleged violation of the Underground Facility Damage Prevention Act. 3. The April 26, 2024 hearing shall be conducted via video conferencing. 4. MS Construction and Remodeling shall attend the hearing by using the following link: https://meet.goto.com/pscformalhearing/psc-damage-prevention-hearing; information and instructions are attached to this Order as Appendix B. 5. MS Construction and Remodeling shall notify the Commission at least ten days prior to the hearing if MS Construction and Remodeling is unable to appear by video conferencing and will therefore appear in person. 6. Any partnership, corporation, or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with and appearances at hearings before the Commission.

Order Entered: 1. Fast Flow Plumbing shall submit to the Commission, via email sent to PSCED@ky.gov with the case number of this proceeding in the subject line of the message, a written response to the allegations contained in the Staff Incident Report within 20 days of receipt of this Order. 2. Fast Flow Plumbing shall appear on April 26, 2024, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of presenting evidence concerning the alleged violation of the Underground Facility Damage Prevention Act. 3. The April 26, 2024 hearing shall be conducted via video conferencing. 4. Fast Flow Plumbing shall attend the hearing by using the following link: https://meet.goto.com/pscformalhearing/psc-damage-prevention-hearing; information and instructions are attached to this Order as Appendix B. 5. Fast Flow Plumbing shall notify the Commission at least ten days prior to the hearing if Fast Flow Plumbing is unable to appear by video conferencing and will therefore appear in person. 6. Any partnership, corporation, or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with and appearances at hearings before the Commission.

Order Entered: 1. Fast Flow Plumbing shall submit to the Commission, via email sent to PSCED@ky.gov with the case number of this proceeding in the subject line of the message, a written response to the allegations contained in the Staff Incident Report within 20 days of receipt of this Order. 2. Fast Flow Plumbing shall appear on April 26, 2024, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of presenting evidence concerning the alleged violation of the Underground Facility Damage Prevention Act. 3. The April 26, 2024 hearing shall be conducted via video conferencing. 4. Fast Flow Plumbing shall attend the hearing by using the following link: https://meet.goto.com/pscformalhearing/psc-damage-prevention-hearing; information and instructions are attached to this Order as Appendix B. 5. Fast Flow Plumbing shall notify the Commission at least ten days prior to the hearing if Fast Flow Plumbing is unable to appear by video conferencing and will therefore appear in person. 6. Any partnership, corporation, or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with and appearances at hearings before the Commission.

Order Entered: 1. Fast Flow Plumbing shall submit to the Commission, via email sent to PSCED@ky.gov with the case number of this proceeding in the subject line of the message, a written response to the allegations contained in the Staff Incident Report within 20 days of receipt of this Order. 2. Fast Flow Plumbing shall appear on April 26, 2024, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of presenting evidence concerning the alleged violation of the Underground Facility Damage Prevention Act. 3. The April 26, 2024 hearing shall be conducted via video conferencing. 4. Fast Flow Plumbing shall attend the hearing by using the following link: https://meet.goto.com/pscformalhearing/psc-damage-prevention-hearing; information and instructions are attached to this Order as Appendix B. 5. Fast Flow Plumbing shall notify the Commission at least ten days prior to the hearing if Fast Flow Plumbing is unable to appear by video conferencing and will therefore appear in person. 6. Any partnership, corporation, or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with and appearances at hearings before the Commission.

Order Entered: 1. EMM Construction shall submit to the Commission, via email sent to PSCED@ky.gov with the case number of this proceeding in the subject line of the message, a written response to the allegations contained in the Staff Incident Report within 20 days of receipt of this Order. 2. EMM Construction shall appear on April 26, 2024, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of presenting evidence concerning the alleged violation of the Underground Facility Damage Prevention Act. 3. The April 26, 2024 hearing shall be conducted via video conferencing. 4. EMM Construction shall attend the hearing by using the following link: https://meet.goto.com/pscformalhearing/psc-damage-prevention-hearing; information and instructions are attached to this Order as Appendix B. 5. EMM Construction shall notify the Commission at least ten days prior to the hearing if EMM Construction is unable to appear by video conferencing and will therefore appear in person. 6. Any partnership, corporation, or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with and appearances at hearings before the Commission. 7. An individual may submit a response to the allegations contained in the Staff Incident Report without the representation of an attorney.

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COMMISSION STAFF’S FIRST REQUEST FOR INFORMATION TO KENERGY CORP.

Order Entered: 1. Fast Flow Plumbing shall submit to the Commission, via email sent to PSCED@ky.gov with the case number of this proceeding in the subject line of the message, a written response to the allegations contained in the Staff Incident Report within 20 days of receipt of this Order. 2. Fast Flow Plumbing shall appear on April 26, 2024, at 9 a.m. Eastern Standard Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of presenting evidence concerning alleged violation of the Underground Facility Damage Prevention Act. 3. The April 26, 2024 hearing shall be conducted via video conferencing. 4. Fast Flow Plumbing shall attend hearing by using the following link: https://meet.goto.com/pscformalhearing/psc-damage-prevention-hearing; information and instructions are attached to this Order as Appendix B. 5. Fast Flow Plumbing shall notify the Commission at least ten days prior to the hearing if Fast Flow Plumbing is unable to appear by video conferencing and will therefore appear in person. 6. Any partnership, corporation, or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with and appearances at hearings before the Commission. 7. An individual may submit a response to the allegations contained in the Staff Incident Report without the representation of an attorney.

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Order Entered: 1. Foundation Solution shall submit to the Commission, via email sent to PSCED@ky.gov with the case number of this proceeding in the subject line of the message, a written response to the allegations contained in the Staff Incident Report within 20 days of receipt of this Order. 2. Foundation Solution shall appear on April 26, 2024, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of presenting evidence concerning the alleged violation of the Underground Facility Damage Prevention Act. 3. The April 26, 2024 hearing shall be conducted via video conferencing. 4. Foundation Solution shall attend the hearing by using the following link: https://meet.goto.com/pscformalhearing/psc-damage-prevention-hearing; information and instructions are attached to this Order as Appendix B. 5. Foundation Solution shall notify the Commission at least ten days prior to the hearing if Foundation Solution is unable to appear by video conferencing and will therefore appear in person. 6. Any partnership, corporation, or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with and appearances at hearings before the Commission.

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COMMISSION STAFF’S FIFTH REQUEST FOR INFORMATION TO DUKE ENERGY KENTUCKY, INC.

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NOTICE OF SATISFACTION

IT IS HEREBY ORDERED that the Commission’s investigation of Damage Incident 54643 is hereby dismissed with prejudice, closed, and is removed from the Commission’s docket.

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Order Entered: the Commission’s investigation of Damage Incident 54465 is hereby dismissed without prejudice, any hearing scheduled in this case is canceled, and this case is removed from the Commission’s docket.

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Notice of Informal Conference

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Final Order Entered: 1. Ms. Eichelberger’s complaint against Duke Kentucky is granted. 2. Duke Kentucky shall, within 30 days of service of this Order, start a new gas budget billing year for Ms. Eichelberger’s account, and file into the post-case record a new settle-up calculation and calculation of a new gas budget billing amount. The new billing amount should be calculated by taking the previous 12 months of usage, divided by 12, multiplied by the rate in place at the time of the settle-up. 3. Duke Kentucky shall only make quarterly changes to Ms. Eichelberger’s gas budget bill if actual bill amounts exceed the thresholds provided by Duke Kentucky in Case No. 2021-00190. 4. Duke Kentucky shall, starting with the first bill after the settle-up, remove the following language from Ms. Eichelberger’s bills: “Your Annual Budget Billing Plan keeps you monthly charge steady throughout the year, even as your usage goes up or down. At renewal, we may adjust the amount of your monthly charge for the next plan year, based on your usage in this plan year.” 5. Duke Kentucky shall, within 30 days of service of this Order, start a new electric budget billing year for Ms. Eichelberger’s account, and file into the post-case record a new settle-up calculation and calculation of a new electric budget billing amount. The new billing amount should be calculated by taking the previous 12 months of usage, divided by 11, multiplied by the rate in place at the time of the settle-up.

Order Entered: 1. Natural Energy’s motion to dismiss is granted. 2. Mr. Whitley’s motion is denied. 3. Mr. Whitley’s complaint is dismissed. 4. This case is closed and removed from the Commissions’ docket. 5. A copy of this Order shall be served on the Philip W. Whitley by U.S. certified mail, return receipt requested at 14402 Deerhaven Court, Rush, Kentucky 41168.

Order Entered: Commission’s investigation of Damage Incident 54348 is hereby dismissed without prejudice, any hearing scheduled in this case is canceled, and this case is removed from the Commission’s docket.

NOTICE OF SATISFACTION

Order Entered: the hearing scheduled for April 26, 2024, is canceled.

Order Entered: the hearing scheduled for April 26, 2024, is canceled.

Order Entered: the hearing scheduled for April 26, 2024, is canceled.

Order Entered: the hearing scheduled for April 26, 2024, is canceled.

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