Kentucky Public Service Commission

Final Order Entered: 1. EKPC's request for a determination that all future LFGTE projects are exempt from the requirements for a CPCN under KRS 278.020(1) is denied. 2. In lieu of filing an application for a declaratory order, EKPC is authorized to request a Staff legal opinion as to whether a future LFGTE project falls within the ordinary course of business exemption pursuant to KRS 278.020(1) or requires a CPCN based on a demonstration of the information discussed in the findings above.

Final Order Entered: The 1.6-MW Bavarian LFGTE expansion is properly classified as an ordinary extension of existing systems in the usual course of business, and a CPCN, pursuant to KRS 278.020(1 ), shall not be required for its construction.

EKPC Notice of Waiver of a Hearing

EKPC Response to Information Request

Commission Staff's Initial Request for Information to East Kentucky Power Cooperative, Inc.

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed. 2. a. Responses to requests for information shall be appropriately bound, tabbed and indexed 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 ten copies to the Commission. b. Each response shall be answered under oath or, for representatives of a public or private corporation or a partnership or association or a governmental agency, be accompanied by a signed certification of the preparer or person supervising the preparation of the response on behalf of the entity that the response is true and accurate to the best of that person's knowledge, information, and belief formed after a reasonable inquiry. c. Any party shall make timely amendment to any prior response if it obtains information which indicates that the response was incorrect when made or, though correct when made, is now incorrect in any material respect. 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 of the specific grounds for its failure to completely and precisely respond.

Acknowledge Receipt of Filing

Application of East Kentucky Power Cooperative, Inc. for an Order Declaring the Expansion of the Bavarian Landfill Gas to Energy Project to be an Ordinary Extension of Existing Systems in the Usual Course of Business