Kentucky Public Service Commission


View Case Filings for: 2012-00535


Case Number:2012-00535
Service Type:Electric
Filing Date:1/15/2013
Category:Regular
Utilities:

Big Rivers Electric Corporation


Case Nature:

APPLICATION OF BIG RIVERS ELECTRIC CORPORATION FOR AN ADJUSTMENT OF RATES









Case Filings
FilingDocuments
12/5/2019 8:59:51 AM

Final Order Entered: 1. This case is opened to address certain outstanding petitions for confidential treatment. 2. The petitions for confidential treatment listed in Appendix B to this Order are granted. 3. The granting of these petitions shall not be cited as precedent in other proceedings before the Commission. 4. All movants shall review the petitions to determine if the material for which confidential treatment was requested still warrants confidential treatment. 5. A movant shall inform the Commission in writing, and filed in the original case file, if it determines that the information contained in a petition that is granted by this Order no longer warrants confidential treatment. 6. The Commission shall make available for inspection, upon request, any materials that a movant determines no longer warrants confidential treatment. 7. This case is closed and removed from the Commission's docket.


8/26/2019 2:56:11 PM

Order Entered: 1. BREC's June 24, 2013 and July 12, 2013 petitions for confidential protection are denied as moot because the time for which confidential protection was requested has run. 2. Within 30 days of the date of this Order, BREC shall file revised pages reflecting as unredacted the designated materials subject to the June 24, 2013 and July 12, 2013 petitions that have been denied confidential treatment. 3. The designated materials in the June 24, 2013 and July 12, 2013 petitions for which confidential protection was denied shall not be placed in the public record for 30 days following the date of this Order to allow BREC to seek any remedy afforded by law.


8/26/2019 2:53:48 PM

Order Entered: 1. BREC's April 23, 2014 petition for confidential protection is granted. 2. The designated materials shall not be placed in the public record or made available for public inspection for an indefinite period, or until further Orders of this Commission. 3. Use of the designated materials in any Commission proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 4. BREC shall inform the Commission if the designated materials become publicly available or no longer qualify for confidential treatment. 5. If a non-party to this proceeding requests to inspect the designated materials granted confidential treatment by this Order and the period during which the materials have been granted confidential treatment has not expired, BREC shall have 30 days from receipt of written notice of the request to demonstrate that the materials still fall within the exclusions from disclosure requirements established in KRS 61.878. If BREC is unable to make such demonstration, the requested materials shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. 6. The Commission shall not make the designated materials available for inspection for 30 days following an Order finding that the materials no longer qualify for confidential treatment in order to allow BREC to seek a remedy afforded by law.


8/26/2019 2:39:50 PM

Order Entered: 1. BREC's January 28, 2014 petition for confidential protection is granted in part and denied in part. 2. BREC's February 21 , 2014 petition for confidential protection is granted in part and denied in part. 3. BREC's request for confidential treatment of designated portions of the January 28, 2014 petition for an indefinite period is granted. 4. BREC's request for confidential treatment of designated portions of the January 28, 2014 petition for five years is denied as moot. 5. BREC's request for confidential treatment of designated portions of the February 21 , 2014 petition for an indefinite period is granted. 6. BREC's request for confidential treatment of designated portions of the February 21, 2014 petition for five years is denied as moot. 7. The designated materials in BREC's January 28, 2014 and February 21, 2014 petitions for which confidentiality was granted shall not be placed in the public record or made available for public inspection for an indefinite period, or until further Orders of this Commission.


8/19/2019 2:31:03 PM

Order Entered: 1. KIUC's June 10, 2013 petition for confidential protection is granted. 2. The designated materials shall not be placed in the public record or made available for public inspection for an indefinite period, or until further Orders of this Commission. 3. Use of the designated materials in any Commission proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 4. KIUC shall inform the Commission if the designated materials become publicly available or no longer qualify for confidential treatment. 5. If a non-party to this proceeding requests to inspect the designated materials granted confidential treatment by this Order and the period during which the materials have been granted confidential treatment has not expired, KIUC shall have 30 days from receipt of written notice of the request to demonstrate that the materials still fall within the exclusions from disclosure requirements established in KRS 61.878. If KIUC is unable to make such demonstration, the requested materials shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. 6. The Commission shall not make the designated materials available for inspection for 30 days following an Order finding that the materials no longer qualify for confidential treatment in order to allow KIUC to seek a remedy afforded by law.


7/24/2014 8:07:37 AM

Order Entered: 1. No adjustment of Big Rivers' revenue requirement or rates shall be made in conjunction with "A&G Headquarters" employees or the return on fuel, reagent, and materials and supplies inventory included in the proposed SSR agreement with MISO. 2. Big Rivers shall place $45,933 in its ER fund as described in the findings above. If this amount changes due to modifications to the SSR agreement by FERC, Big Rivers shall notify the Commission of the changed amount; provide supporting calculations thereof; and state the remaining amount that will be deposited in, or removed from, the ER fund in order to avoid double recovery of property taxes and property insurance expense. 3. The Intervenors' attempt to raise as an issue on rehearing Big Rivers' level of off-system sales during the first two months of 2014 is rejected as untimely under KRS 278.400. 4. The Intervenors' request for a formal hearing is denied.


4/23/2014

Big Rivers Electric Corporation Updated Responses to Joint Intervenors Supplemental Rehearing Request for Information, Petition for Confidential Treatment, and Motion for Deviation


4/23/2014

Big Rivers Electric Corporation Updated Responses to Joint Intervenors Supplemental Rehearing Request for Information, Petition for Confidential Treatment, and Motion for Deviation


4/23/2014

Big Rivers Electric Corporation Updated Responses to Joint Intervenors Supplemental Rehearing Request for Information, Petition for Confidential Treatment, and Motion for Deviation


4/8/2014 9:24:28 AM

Order Entered: 1. Movant's petition for confidential protection is hereby granted. 2. The information for which Movant seeks confidential treatment shall not be placed in the public record or made available for public inspection until March 6, 2018, or until further Orders of this Commission. At the end of this period, the materials shall be placed in the public record. The Movant may request that the materials continue to be treated as confidential, but must demonstrate that the materials still falls within the exclusions established in KRS 61.878. 3. If Movant objects to the time limits that the Commission has placed on the confidential treatment for the materials in question, it must seek either rehearing pursuant to KRS 278.400, or judicial review of this Order pursuant to KRS 278.410. Failure to exercise either of these statutory rights will be deemed as agreement with the Commission's determination of the period for which the material is afforded confidential treatment and will require Movant to demonstrate a change in circumstances in any subsequent motion for continued confidential treatment of the materials in question after the end of the period set forth in ordering paragraph 2. 4. Use of the materials in question in any Commission proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 5. Movant shall inform the Commission if the information in question becomes publicly available or no longer qualifies for confidential treatment.


3/14/2014

BREC Response to Comments on Rehearing & Request for Hearing filed by KIUC, OAG, Ben Taylor, and Sierra Club


3/4/2014

KIUC, OAG, Ben Taylor & Sierra Club's Comments on Rehearing and Request for Rehearing


2/21/2014

BREC Petition of Big Rivers Electric Corporation for Confidential Treatment


2/21/2014

BREC Motion for Deviation


2/21/2014

BREC Responses to Commission Staff's Supplemental Rehearing Requests for Information


2/21/2014

BREC Responses to the OAG, KIUC, & Ben Taylor & Sierra Club's (Joint Intervenor's) Supplemental Rehearing Requests for Information BREC Three Attachments to Item 6(d)(iii) of Joint Intevenor's Supplemental Rehearing Request for Information


2/21/2014

BREC Responses to the OAG, KIUC, & Ben Taylor & Sierra Club's (Joint Intervenor's) Supplemental Rehearing Requests for Information BREC Three Attachments to Item 6(d)(iii) of Joint Intevenor's Supplemental Rehearing Request for Information


2/10/2014 1:47:01 PM

Commission Staff's Second Rehearing Request for Information to Big Rivers Electric Corporation


2/10/2014

OAG Joint Intervenors Supplemental Data Requests to Big Rivers Electric Corporation on Rehearing


1/30/2014

Big Rivers Electric Corporation's Response to PSC Letter of 01-27-14 Regarding Refund Calculations


1/28/2014

BREC's Petition for Confidential Treatment


1/28/2014

BREC Motion for Deviation


1/28/2014

BREC's Response to the OAG, KIUC, and Ben Taylor and the Sierra Club's (collectively Joint Intervenors) Initial Rehearing Request for Information


1/28/2014

BREC's Response to PSC Staff's Initial Rehearing Request for Information


1/27/2014 2:17:19 PM

PSC Letter to Mark Bailey


1/15/2014 11:17:52 AM

Commission Staff's First Rehearing Request for Information to Big Rivers Electric Corporation


1/15/2014

OAG-KIUC-Ben Taylor & Sierra Club Joint Intervenors' Initial Data Requests on Rehearing


1/13/2014

Big Rivers Electric Corporation's Rate Refund Report Pursuant to Ordering Paragraph 8 of PSC Staff's 10-29-13 Order


12/20/2013 9:15:28 AM

Order Entered: The procedural schedule in the Appendix to this Order shall be followed for the rehearing portion of this proceeding.


12/10/2013 10:37:42 AM

Order Entered: Big Rivers' motion for leave to withdraw its motion for clarification is granted. 2. The Intervenors' request for rehearing on the deferral of the Coleman depreciation is denied. 3. The Intervenors' request for rehearing on the issue of the SSR revenues included in the SSR agreement filed with FERC by MISO is granted, and a procedural schedule for conducting discovery on this issue will be issued in the near future. 4. The Intervenors' request for rehearing on the need for specific parameters regarding Big Rivers' load-mitigation plan is denied, but evidence on the load-mitigation plan shall be taken in Case No. 2013-00199.


12/9/2013

Big Rivers Electric Corporation's Motion for Leave to Withdraw its Motion for Clarification


11/27/2013

Big Rivers Response to Petition for Rehearing


11/22/2013

Big Rivers Electric Corporation's Response to PSC Staff's Fourth Information Request


11/20/2013

Big Rivers Electric Corporation's Motion for Clarification


11/20/2013

KIUC, Attorney General, Ben Taylor and Sierra Club's Petition to the PSC for Rehearing of the October 29, 2013 Order


10/29/2013 9:02:39 AM

Final Order Entered: (1) The rates and charges proposed by Big Rivers are denied. (2) The rates in the appendix to this Order are approved for service rendered by Big Rivers on and after August 20, 2013. (3) The depreciation rates proposed by Big Rivers are denied. (4) Beginning with the month of Sep. 2013, Big Rivers shall discontinue recording depreciation of the Coleman Station as an expense and shall defer this depreciation and record it in a regulatory asset account. All other aspects of Big Rivers' accounting for depreciation shall remain unchanged. (5) Within 20 days of date of this Order, Big Rivers shall file tariff sheets setting forth the rates and charges approved herein and reflecting their effective date and that they were authorized by this Order. (6) Within 60 days from the date of this Order, Big Rivers shall refund with interest all amounts collected for service rendered from Aug. 20, 2013, through the date of this Order that are in excess of the rates set out in appendix to this Order. (7) Big Rivers shall pay interest on the refunded amounts at the average of the Three-Month Commercial Paper Rate as reported in the Federal Reserve Bulletin and the Federal Reserve Statistical Release on the date of this Order. (8) Within 75 days from the date of this Order, Big Rivers shall submit a written report to the Commission in which it describes its efforts to refund all monies collected in excess of the rates that are set forth in the appendix to this Order.


8/22/2013

Big Rivers' response to certain requests for information


8/20/2013 3:06:06 PM

Order Entered: 1. Big Rivers shall maintain its records in such manner as will allow it, the Commission, or any customer to determine the amounts to be refunded and to whom in the event a refund is ordered upon final resolution of this mailer. 2. Within 15 days of the date of this Order, Big Rivers shall file its tariffs setting forth the rates it is placing in effect and designating those rates as being subject to change and refund.


8/19/2013

Kenergy Corp's Notice of Intent to Implement Rates Subject to Big River's Application


8/19/2013

Big Rivers Electric Corp notice of its's intent to place rates proposed in effect for service rendered on and after Aug 20. 13


8/14/2013 10:49:56 AM

Order Entered: 1. Movant’s motions for confidential protection are hereby granted. 2. The updated responses to Tab 38 for which Movant seeks confidential treatment shall not be placed in the public record or made available for public inspection for a period of five years from the date of this Order. 3. Portions of the responses to AG 1-143 and AG 1-233 for which Movant seeks confidential treatment shall not be placed in the public record or made available for public inspection for a period of five years from the date of this Order. 4. Movant’s request to strike its request for confidentiality of AG 1-162 from the Match 18, 2013 petition is granted. 5. Use of the materials in question in any Commission proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 6. Movant shall inform the Commission if the materials in question become publicly available or no longer qualify for confidential treatment. 7. If a non-party to this proceeding requests to inspect materials granted confidential treatment by this Order and the period during which the materials have been granted confidential treatment has not run, Movant shall have 20 days from receipt of written notice of the request to demonstrate that the materials still fall within the exclusions from disclosure requirements established in KRS 61.878. If Movant is unable to make such demonstration, the requested materials shall be made available for inspection.


8/7/2013

BREC Letter of Correction


7/31/2013

KIUC Letter Regarding Confidential Information Filed July 29, 2013


7/29/2013 2:38:36 PM

Order Entered: 1. Movant’s motion for confidential protection is hereby granted. 2. Portions of the response to SC 2-18 for which Movant seeks confidential treatment shall not be placed in the public record nor made available for public inspection for an indefinite period of time from the date of this Order. 3. Portions of the attachments to the responses for SC 2-3 and SC 2-8 for which Movant seeks confidential treatment shall not be placed in the public record or made available for public inspection for a period of five years from the date of this Order. 4. Use of the materials in question in this proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 5. Movant shall inform the Commission if the materials in question become publicly available or no longer qualify for confidential treatment. 6. If a non-party to this proceeding requests to inspect materials granted confidential treatment by this Order and the period during which the materials have been granted confidential treatment has not run, Movant shall have 20 days from receipt of written notice of the request to demonstrate that the materials still fall within the exclusions from disclosure requirements established in KRS 61.878. If Movant is unable to make such demonstration, the requested materials shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. confidential treatment in order to allow Movant to seek a remedy afforded by law.


7/29/2013

KIUC Brief


7/29/2013

KIUC Brief


7/26/2013

BREC Response to Commission Staff's Fourth Request for Information


7/26/2013

BREC Post-Hearing Brief


7/26/2013

AG's Post-Hearing Brief


7/26/2013

Ben Taylor and Sierra Club Post-Hearing Brief


7/26/2013

Ben Taylor & Sierra Club Cover Letter for Filing Confidential Information


7/25/2013 2:36:09 PM

Order Entered: 1. Movant’s motion for confidential protection is hereby granted. 2. The materials for which Movant seeks confidential treatment shall not be placed in the public record nor made available for public inspection for a period of five years from the date of this Order. 3. Use of the materials in question in this proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 4. Movant shall inform the Commission if the materials in question become publicly available or no longer qualify for confidential treatment. 5. If a non-party to this proceeding requests to inspect materials granted confidential treatment by this Order and the period during which the materials have been granted confidential treatment has not run, Movant shall have 20 days from receipt of written notice of the request to demonstrate that the materials still fall within the exclusions from disclosure requirements established in KRS 61.878. If Movant is unable to make such demonstration, the requested materials shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. 6. The Commission shall not make the requested materials available for inspection 20 days following an Order finding that the material no longer qualifies for confidential treatment in order to allow Movant to seek a remedy afforded by law.


7/24/2013

BREC Fifth Update Responses to Tab 38, Sixth Updated Responses to Items 43 & 54 of Commission Staff's Initial Request for Information, and Update to Exhibit Richert-7 with Direct Testimony of Billie J Richert


7/22/2013 2:56:29 PM

Commission Staff's Fourth Request for Information to Big Rivers Electric Corporation


7/17/2013

BREC Verification Pages


7/15/2013 10:29:07 AM

Public Meeting Notes from Frankfort, KY and linked by video to Paducah, KY on June 18, 2013.


7/12/2013

BREC Responses to Post Hearing Data Request, Petition for Confidential Treatment and a Motion for Deviation


7/11/2013 4:11:54 PM

Notice of Filing Hearing Documents


7/3/2013 3:27:32 PM

Order Entered: 1. Sierra Club’s motion to amend its supplemental requests is granted. 2. Sierra Club’s supplemental requests filed on May 6, 2013 shall be removed from the record. 3. Sierra Club’s redacted supplemental requests and confidential supplemental requests attached to its motion to amend supplemental requests filed May 14, 2013 are accepted for filing in the case.


7/2/2013

BREC Motion For Deviation


7/1/2013

KIUC's Motion For Leave To Use In The Public Hearing Information Filed Under Seal By BREC


7/1/2013

AG's Comments In Support Of KIUC's Motion For Leave To Disclose Information Filed Under Seal By BREC


7/1/2013

Kenergy Corp Response To Joint Motion To Reschedule Hearing


7/1/2013

BREC Supplemental Rebuttal Testimony of Robert W Berry, Motion to Strike Portions of The Supplemental Testimony of Frank Ackerman, and Response to KIUC Motion for Leave to Use in the Public Hearing Information Filed Under Seal


6/28/2013 4:19:54 PM

Order Entered: Movants Joint motion to reschedule the July 1, 2013 formal evidentiary hearing is denied without prejudice.


6/28/2013

Ben Taylor and Sierra Club Entry Of Appearance


6/28/2013

Sierra Club Public Version of the Supplemental Testimony of Frank Ackerman


6/28/2013

BREC First Updated Response to the Office of the AG's Initial Request for Information


6/27/2013

Attorney General, Ben Taylor and Sierra Club's Joint Motion to Reschedule Hearing


6/27/2013

BREC Third Supplemental Response to Commission Staff's Initial Request for Information


6/27/2013

BREC Response To Joint Motion of AG, Ben Taylor and Sierra Club To Reschedule Hearing


6/26/2013

BREC Second Supplemental Response to Commission Staff, Revised Response to KIUC and Revised Response to Ben Taylor and the Sierra Clubs Initial Request for Information


6/26/2013

BREC Proof of Publication


6/26/2013

BREC Attachment to Tab 55 with the Confidential Material Redacted


6/25/2013 10:28:39 AM

Public Meetings Notes from Henderson Public Meeting on June 13, 2013


6/25/2013 10:26:58 AM

Public Meeting Notes from Owensboro and Brandenburg Public Meetings on June 13, 2013


6/24/2013 10:21:51 AM

Order Entered: Big Rivers motion to strike is denied without prejudice


6/24/2013

BREC Proof of Publication


6/24/2013

BREC Updated Responses to Ben Taylor and Sierra Club's Supplemental Requests for Information


6/24/2013

BREC Motion for Deviation


6/24/2013

BREC Petition for Confidential Protection


6/24/2013

BREC Rebuttal Testimony, Petition for Confidential Treatment, and a Motion for Deviation


6/21/2013

BREC Supplemental Responses to Commission Staff's Initial Request for Information


6/21/2013

KIUC Motion to Establish Date-Certain


6/20/2013 3:02:28 PM

Order Entered: Alcan's motion to withdraw as a party and for its counsel of record to withdraw is granted.


6/20/2013 12:49:43 PM

Order Entered: Shannon W. Fisk is admitted pro hac vice for the purpose of representing Intervenors Ben Taylor and Sierra Club in the above-styled proceeding, provided that Joe F. Childers or another member of the Kentucky Bar Association acts as co-counsel and is present at any and all proceedings before this Commission


6/19/2013 2:59:41 PM

Order Entered: 1. Sierra Club’s motion to compel Big Rivers to fully respond to Sierra Club’s Supplemental Requests for Information Items No. 2-2, 2-3, 2-4, 2-5, and 2-8 is granted, and Big Rivers shall electronically serve each party with a copy of its responses on June 21, 2013 and file hard copies with the Commission by June 24, 2013. 2. Sierra Club shall file by June 28, 2013, any supplemental testimony on the limited issue of Big Rivers’ post-2016 production modeling and Big Rivers shall have an opportunity at the hearing to present rebuttal testimony on this issue. 3. Sierra Club’s motion to compel Big Rivers to fully respond to Sierra Club’s Supplemental Requests for Information Items No. 2-13c, and 2-24 through 2-28 is denied as moot.


6/18/2013

BREC Updated Responses to their Application, Commission Staffs Request for Information, and AG's Request for Information


6/10/2013

KIUC Response to BREC First Request for Information


6/10/2013

KIUC Response to Commission Staffs First Request for Information


6/10/2013

KIUC Petition For Confidential Treatment of Information


6/7/2013

Ben Taylor and Sierra Club Responses and Objections to BREC Requests for Information and Notice of Confidential Information


6/7/2013

JPEC Request to Consider Rescheduling of Public Meetings


6/7/2013

BREC Notice of Request for Publication


6/7/2013

AG's Responses to Data Requests of BREC and KY PSC Staff


6/5/2013 9:01:43 AM

Order Entered: Thomas J. Cmar is admitted pro hac vice for the purpose of representing the Sierra Club in the above-styled proceeding, provided that Joe F. Childers or another member of the Kentucky Bar Association acts as co-counsel and is Present at any and all Proceedings before this Commission.


6/5/2013

Motion of ALCAN and counsel to withdraw as intervenor and counsel intervenor


6/3/2013

Sierra Club Reply in Support of Motion to CompeI and Response to BREC Motion to Strike


5/31/2013 10:56:31 AM

COMMISSION STAFF’S REQUEST FOR INFORMATION TO KENTUCKY INDUSTRIAL UTILITY CUSTOMERS, INC.


5/31/2013 10:53:01 AM

COMMISSION STAFF’S REQUEST FOR INFORMATION TO THE ATTQRNEY GENERAL ,QF THE COMMONWEALTH OF KENTUCKY.


5/31/2013

BREC First Request for Information to the AG, KIUC, Ben Taylor and Sierra Club


5/29/2013

BREC Response to KIUCs Third Request for Information


5/29/2013

BREC Motion to Strike Sierra Club Exhibits and Referencing Testimony


5/29/2013

Sierra Club Letter Of Clarification


5/28/2013

Attorney General's Clarification Letter Regarding Confidential Information Filed May 24, 2013


5/28/2013

BREC Response to Ben Taylor and Sierra Clubs Motion to Compel


5/24/2013

Sierra Club Direct Testimony of Frank Ackerman


5/24/2013

Ben Taylor and Sierra Club's Motion for Admission Pro Hac Vice of Thomas J. Cmar


5/24/2013

AG's Public Pre-Filed Testimony


5/24/2013

KIUC Direct Testimony of Kelly Thomas


5/24/2013

KIUC Direct Testimony of Steve Henry


5/24/2013

KIUC Direct Testimony of Bill Cummings


5/24/2013

KIUC Direct Testimony and Exhibits of Lane Kollen


5/22/2013 2:39:14 PM

Order Entered: 1. KIUC’s petition for leave to conduct additional discovery is granted. 2. Big Rivers shall file responses to KlUC’s additional discovery within seven days of the date of this order.


5/22/2013

Sierra Club Motion to Compel BREC to Respond


5/17/2013

BREC Updated Responses to Commission Staffs Request for Information


5/17/2013

BREC Petition For Confidential Treatment


5/15/2013

BREC Petition For Confidential Treatment


5/15/2013

BREC Responses to Ben Taylor and Sierra Clubs Supplemental Request for Information


5/14/2013

Sierra Club Motion to Amend Public Version of Ben Taylor and Sierra Clubs Supplemental Request for Information to BREC


5/13/2013

Intervenors Motion for Admission Pro Hac Vice


5/13/2013

Ben Taylor and Sierra Clubs Confidential Version of Supplemental Requests for Information to BREC and a Certificate of Service


5/10/2013

BREC Verification Pages


5/10/2013

AG's Comments in Support of KIUC's Motion For Leave To Conduct Additional Discovery


5/7/2013

Big Rivers Corporation Response to KIUC Petition for Leave to conduct Supplemental Discovery


5/6/2013 10:12:55 AM

Order Entered: Movant’s motion for confidential protection is granted in part and denied in part. 2. Movant’s request for confidential treatment of information relating to recent purchased power amounts and values as contained in Big Rivers response to Commission Staffs First Request for Information, Item 42 is denied. 3. The materials relating to recent purchased power amounts and values shall be afforded confidential treatment for 33 days from the date of this Order to afford Big Rivers the opportunity to seek review of this Order pursuant to KRS 278.400 or KRS 278.41 0. 4. Thirty-three days after the date of this Order, the material relating to recent purchased power amounts and values shall be made available for public inspection. 5. The remainder of the materials for which Movant seeks confidential treatment is granted such treatment and shall not be placed in the public record nor made available for public inspection.. Use of the materials in question in this proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 7. Movant shall inform the Commission if the materials in question become publicly available or no longer qualify for confidential treatment. 8. If a non-party to this proceeding requests to inspect materials granted confidential treatment by this Order, the Commission shall notify the Movant in writing and direct Movant to demonstrate within 20 days of receipt of the notice that the materials still fall within the exclusions from disclosure


5/6/2013 10:06:33 AM

Order Entered Movant’s motion for confidential protection is granted in part and denied in part. 2. Movant’s request for confidential treatment of information relating to recent off-system sales prices as contained in the Direct Testimony of Robert W. Berry and Exhibits Berry-I through Berry-4 as well as generation unit heat rate information as contained in the Direct Testimony of Ted J. Kelly is denied. The materials relating to recent off-system sales prices and generation unit heat rate information shall be afforded confidential treatment for 33 days from the date of this Order to afford Big Rivers the opportunity to seek review of this Order pursuant to KRS 278.400 or KRS 278.410. 4. Thirty-three days after the date of this Order, the recent off-system sales prices and the generation unit heat rate information shall be made available for public inspection. The remainder of the materials for which Movant seeks confidential treatment is granted such treatment and shall not be placed in the public record nor made available for public inspection. 6. Use of the materials in question in this proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 7. Movant shall inform the Commission if the materials in question become publicly available or no longer qualify for confidential treatment. 8. If a non-party to this proceeding requests to inspect materials granted confidential treatment by this Order, the Commission shall notify the Movant in writing and direct Movant


5/6/2013

KIUC petition for leave to conduct supplemental discovery and KIUC supplemental data request to Big Rivers Electric Corp.


5/6/2013

Ben Taylor and Sierra Club Supplemental Requests for Information to Big Rivers Electric Corp


4/29/2013 1:56:33 PM

Order Entered: I. The procedural schedule set forth in the Appendix to this Order is substituted for and replaces the procedural schedule set forth in the Appendix to the Commission’s April 5, 2013 Order. 2. All provisions of the Commission’s April 5, 2013 Order that do not conflict with this Order shall remain in full force and effect. 3. The official record of these proceedings shall be by video only. 4. Big Rivers shall publish notice of this hearing in compliance with the provisions set out in 807 KAR 5:001, Section 9(2). 5. Any request to cancel or postpone this hearing shall be made by motion filed with the Commission at least one week before the hearing is scheduled to commence.


4/25/2013 2:41:57 PM

Movant’s motion for confidential protection is hereby granted. The information contained in Big Rivers’ responses to KIUC’s First Request for Information, Item 36(f) and AG’s Initial Request for Information, Item 121, shall not be placed in the record nor made available for public inspection until February 28, 2018. At the end of this period, the material shall be placed in the record. The Movant may request the material continue to be treated as confidential but must demonstrate that the material still falls within the exclusions established in KRS 61.878. 3. The remainder of the materials for which Movant seeks confidential treatment shall not be placed in the public record nor made available for public inspection for an indefinite period so long as the Big Rivers’ transmission system remains in place. 4. Use of the materials in question in this proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 5. Movant shall inform the Commission if the materials in question become publicly available or no longer qualify for Confidential treatment. 6. If a non-party to this proceeding requests to inspect materials granted confidential treatment by this Order, the Commission shall notify the Movant in writing and direct Movant to demonstrate within 20 days of his receipt of the notice that the materials still fall within the exclusions from disclosure requirements established in KRS 61.878. If Movant is unable to make such demonstration, the requested materials shall be


4/25/2013

Big Rivers Electric Corporation Response to Ben Taylor and Sierra Clubs Initial Request for Information


4/25/2013

Big Rivers Electric Corporation Motion For Deviation


4/25/2013

Big Rivers Electric Corporation Petition for Confidential Protection


4/23/2013 10:26:54 AM

Commission Staff's Notice of Informal Conference


4/23/2013

BREC Comments on the Staff Memorandum


4/19/2013 3:42:44 PM

Memorandum dated 4/19 for Informal Conference of 4/18; Comments, if any, due within 5 days of receipt


4/19/2013

Big Rivers Electric Corporation Third Updated Responses to Commission Staff's Initial Request for Information, First Updated Responses to the Office of the AG's Initial Request for Information, First Updated Responses to the Office of the AG'S Second Request for Information, First Updated Responses to KIUC Second Request for Information


4/17/2013 9:39:23 AM

Order Entered: Movants' petition for full intervention is granted.


4/15/2013 2:49:39 PM

Order Entered: The Petitioner's request for intervention is denied.


4/11/2013

Ben Taylor and Sierra Club Formal Request that The Commission Rule on Motion for Full Intervention


4/5/2013 1:42:06 PM

Order Entered: 1. KIUC’s and the AG’s motions for an extension of time are granted to the extent that all intervenor testimony shall be filed by April 18, 2013, and all subsequent procedural steps shall be extended by one week. 2. The procedural schedule attached as the Appendix shall be followed in this case and shall supersede the procedural schedule appended to the Commission’s February 1, 2013 Order. 3. KlUC’s request for an informal conference is denied as moot.


4/5/2013

AG and KIUC Joint Motion to Amend Procedural Schedule


4/5/2013

Big Rivers Electric Corporation Response to AG's Motion to Amend Procedural Schedule to Allow for an Enlargement of Time Within Which to File Testimony


4/1/2013

Attorney General's Motion to Amend Procedural Schedule to Allow for Enlargement of Time Within Which to File Testimony


4/1/2013

Big Rivers Electric Corporation Notice of Witness Substitution


4/1/2013

Big Rivers Electric Corporation 's Response to KIUC's Petition to Amend Procedural Schedule and Request for Informal Conference


3/28/2013

KIUC Reply to Big Rivers Petition to Amend Procedural Schedule


3/28/2013

Motion for Deviation


3/28/2013

Big Rivers Response to Commission Staffs Third Request for Information


3/28/2013

Big Rivers Petition for Confidentiality


3/28/2013

Big Rivers Response to KIUC Second Request for Information


3/28/2013

Big Rivers Response to AG's Supplemental Request for Information


3/26/2013

KIUC Motion to Amend Second Data Requests to Big Rivers


3/22/2013

KIUC Inc Petition to Amend Procedural Schedule and Request for Informal Conference


3/18/2013

Big Rivers Electric Corporation Response to Commissions Request for Information and Request for Confidentiality


3/15/2013

KIUC's Second Set of Data Requests to Big Rivers Electric Corporation


3/14/2013 10:08:22 AM

Commission Staff's Third Request for Information to Big Rivers Electric Corporation


3/14/2013

Attorney's General Supplemental Data Requests


3/7/2013

Big RIvers Electric Corporation revised petition for confidential treatment and additional attachments


3/6/2013

Big Rivers Response to Commission Staff's Second Request for Information PSC 2-8(a) and PSC 2-21(b) -hardcopies


3/6/2013

Big Rivers Response to Commission Staff's Second Request for Information PSC 2-8(a) and PSC 2-21(b) -hardcopies


3/6/2013

Big Rivers Response to Attorney General's Initial Request for Information AG 1-179 and AG 1-250 - hard copies


3/6/2013

Big Rivers Response to Attorney General's Initial Request for Information AG 1-179 and AG 1-250 - hard copies


3/6/2013

Big Rivers Response to Attorney General's Initial Request for Information AG 1-179 and AG 1-250 - hard copies


3/6/2013

Big Rivers Response to Attorney General's Initial Request for Information AG 1-179 and AG 1-250 - hard copies


3/6/2013

Big Rivers Response to Attorney General's Initial Request for Information AG 1-179 and AG 1-250 - hard copies


3/6/2013

Big Rivers Response to Attorney General's Initial Request for Information AG 1-179 and AG 1-250 - hard copies


3/6/2013

Big Rivers Response to Attorney General's Initial Request for Information AG 1-179 and AG 1-250 - hard copies


3/6/2013

Big Rivers Response to KIUC Initial Request for Information KIUC 1-1 and KIUC 1-34 - hard copies


3/6/2013

Big Rivers Response to KIUC Initial Request for Information KIUC 1-1 and KIUC 1-34 - hard copies


3/6/2013

Big Rivers Response to KIUC Initial Request for Information KIUC 1-1 and KIUC 1-34 - hard copies


2/28/2013

Big Rivers Petition for Confidential Protection


2/28/2013

Big Rivers Motion for Deviation


2/28/2013

Big Rivers Response to Alcan Primary Products' Initial Request for Information


2/28/2013

Big Rivers response to Commission Staff's Second Request for Information


2/28/2013

Big Rivers Response to KIUC's Initial Request for Information


2/28/2013

Big Rivers Response to the Attorney General's Initial Request for Information


2/28/2013

Big Rivers Response to the Attorney General's Initial Request for Information


2/28/2013

Big Rivers Response to the Attorney General's Initial Request for Information


2/28/2013

Big Rivers Response to the Attorney General's Initial Request for Information


2/22/2013

Sierra Club reply in support of petition for full intervention


2/18/2013

Big Rivers Response to Petition of Ben Taylor and sierra Club for full intervention.


2/15/2013

KIUC first set of data request to Big Rivers Electric


2/15/2013

Big Rivers response to tab 38 of application and items 43 and 54 of the psc staff first request for information and petition for confidential


2/14/2013 2:13:24 PM

Commission Staff's Second Request for Information to Big Rivers Electric Corporation


2/14/2013

Initial request for information of Alcan Primary Products


2/14/2013

Ben Taylor and Sierra Club initial request for information to Big Rivers


2/14/2013

Petition of Ben Taylor and Sierra Club for full intervention


2/14/2013

AG final set of initial data requests


2/13/2013 12:02:56 PM

Order Entered: Donald P. Seberger is admitted pro hac vice for the purpose of representing Alcan in the above-styled proceeding provided that David C. Brown, or another member of the Kentucky Bar Association, acts as co-counsel and is present at any and all proceedings before this Commission.


2/12/2013 12:38:18 PM

Order Entered: 1. The motion of Meade County to intervene is granted, and Meade County shall accept the existing procedural schedule. 2. Meade County shall be entitled to the full rights of a party and shall be served with the Commission’s Orders and with filed testimony, exhibits, pleadings, correspondence, and all other documents submitted by parties after the date of this Order. 3. Should Meade County file documents of any kind with the Commission in the course of these proceedings, Meade County shall also serve a copy of said documents on all other parties of record.


2/12/2013 10:39:24 AM

Order Entered: 1. The motion of Alcan to intervene is granted, and Alcan shall accept the existing procedural schedule. 2. Alcan shall be entitled to the full rights of a party and shall be served with the Commission’s Orders and with filed testimony, exhibits, pleadings, correspondence, and all other documents submitted by parties after the date of this Order. 3. Should Alcan file documents of any kind with the Commission in the course of these proceedings, Alcan shall also serve a copy of said documents on all other parties of record.


2/12/2013 9:58:23 AM

Order Entered: 1. The motion of Jackson Purchase to intervene is granted, and Jackson Purchase shall accept the existing procedural schedule. 2. Jackson Purchase shall be entitled to the full rights of a party and shall be served with the Commission’s Orders and with filed testimony, exhibits, pleadings, correspondence, and all other documents submitted by parties after the date of this Order. 3. Should Jackson Purchase file documents of any kind with the Commission in the course of these proceedings, Jackson Purchase shall also serve a copy of said documents on all other parties of record.


2/11/2013

Letter from Big Rivers concerning retirement of M. Yockey with witness substitution list


2/11/2013

AG preliminary initial data requests


2/6/2013

Big Rivers Electric Corporation's Response to AG's Brief Regarding KIUC's Motion for Corrected Notice


2/6/2013

Petition to intervene of the IB of EW Local 1701


2/4/2013

Correction to Jan 31,13 filing notice of Alcan Primary Products Corp.


2/1/2013 10:14:20 AM

Order Entered: 1. Big Rivers’ proposed rates are suspended for six months, up to and including August 17, 2013. 2.The procedural schedule set forth in the Appendix shall be followed. 3. a. Responses to requests for information shall be appropriately bound, and shall include the name of the witness responsible for responding to the questions related to the information provided, with copies to all parties of record and 10 copies to the Commission. b. Each response shall be answered under oath. c. A party shall make timely amendment to any prior response if it obtains information which indicates that the response was incorrect when made. d. For any request to which a party fails or refuses to furnish all or part of the requested information, that party shall provide a written explanation. 4. Any party filing testimony shall file an original and 10 paper copies. 5. Big Rivers shall give notice of the hearing in accordance with the provisions set out: in 807 KAR 5:001, Section 9(2). At the time publication is requested, Big Rivers shall forward a duplicate of the notice and request to the Commission. 6. At any public hearing in this matter, neither opening statements nor summarization of direct testimonies shall be permitted. 7. Any objections or motions relating to discovery or procedural dates shall be filed upon four business days' notice. 8. Motions for extensions of time with respect to the schedule herein shall be made in writing.


2/1/2013

Attorney General's Brief Regarding KIUC's Motion for Corrected Notice


1/31/2013

Notice of Alcan Primary Products Corporation


1/29/2013

Big Rivers Petition for Confidentiality


1/29/2013

Big Rivers Motion for Deviation


1/29/2013

Big Rivers Response to Initial Request for Information (Volume 1 of 2)


1/29/2013

Big Rivers Response to Initial Request for Information (Volume 2 of 2, Part 1 of 2)


1/29/2013

Big Rivers Response to Initial Information Request (Volume 2 of 2, Part 2)


1/29/2013

Reply of KIUC to response of Big Rivers regarding corrected notice


1/28/2013

Kenergy response to KIUC motion for corrected Notice


1/28/2013

Big Rivers Response to KIUC's Motion for Big Rivers to File a Corrected Notice


1/23/2013 9:03:08 AM

No deficiency letter


1/23/2013

Motion of KIUC Inc for Big Rivers to file corrected notice


1/22/2013

Motion to admit Donald Seberger to practice Pro Hac Vice


1/16/2013 1:23:22 PM

Acknowledge Receipt of Filing


1/15/2013

Application of Big Rivers Electric Corporation for a General Adjustment of Rates


1/15/2013

Application of Big Rivers Electric Corporation for a General Adjustment of Rates


1/15/2013

Application of Big Rivers Electric Corporation for a General Adjustment of Rates


1/15/2013

Application of Big Rivers Electric Corporation for a General Adjustment of Rates


1/15/2013

Application of Big Rivers Electric Corporation for a General Adjustment of Rates


1/15/2013

Application of Big Rivers Electric Corporation for a General Adjustment of Rates


1/11/2013 1:14:25 PM

Order Entered: (1) The motion of Kenergy to intervene is granted. (2) Kenergy shall be entitled to the full rights of a party and shall be served with the Commission's Orders and with filed testimony, exhibits, pleadings, correspondence, and all other documents submitted by parties after the date of this Order. (3) Should Kenergy file documents of any kind with the Commission in the course of these proceedings, Kenergy shall also serve copy of said documents on all other parties of record.


1/11/2013

Motion to intervene of Meade County RECC


1/11/2013

Petition for full intervention of Alcan Primary Products Corporation


1/11/2013

Motion of Jackson Purchase Energy Corporation to intervene


1/7/2013

Kenergy Corp's Motion to Intervene


12/21/2012 2:08:59 PM

Commission Staff's First Request for Information to Big Rivers Electric Corporation


12/21/2012 11:23:38 AM

Order Entered: The petition of KlUC to intervene is granted. KlUC shall be entitled to the full rights of a party and shall be served with the Commission’s Orders and with filed testimony, exhibits, pleadings, correspondence, and all other documents submitted by parties after the date of this Order. Should KlUC file documents of any kind with the Commission in the course of these proceedings, KIUC shall also serve a copy of said documents on all other parties of record.


12/20/2012 1:19:03 PM

Order Entered: Big Rivers is granted a deviation to file its rate application under the currently existing regulations.


12/12/2012

Petition to intervene of KIUC Inc.


12/10/2012 1:59:01 PM

Order Entered: The motion is granted and the Attorney General is hereby made a party to these proceedings.


12/5/2012

AG motion to intervene


12/4/2012 11:08:12 AM

Acknowledge Receipt of Filing


12/4/2012

Big Rivers Electric Corporation Notice of Intent to File Application for a General Adjustment of Rates Supported by a Fully Forecasted Test Period