Kentucky Public Service Commission


View Case Filings for: 2016-00317


Case Number:2016-00317
Service Type:Gas & Electric
Filing Date:8/30/2016
Category:Regular
Utilities:

Louisville Gas and Electric Company


Electronic Case
Case Nature:

Proper Method of Municipal Franchise Fee Recovery









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.


3/14/2018 3:09:14 PM

Final Order Entered: 1. LG&E's requests that the Commission issue a declaratory order confirming that LG&E must calculate and add to the total bill for gas service of all customers located within Louisville Metro's jurisdiction, excluding those customers who reside with the 82 Home Rule Cities, a surcharge to collect any fees for the 2016 Franchise Agreement is granted. 2. LG&E shall recover the franchise fee associated with the 2016 Franchise Agreement in accordance with its Commission-approved Franchise Fee Rider. 3. Louisville Metro's request that the franchise fee at issue should be paid for by LG&E and not be passed directly on to customers is denied. 4. Louisville Metro's alternative request that LG&E should either be required to recover the franchise fees from all LG&E customers located within Louisville Metro's jurisdiction, including those customers who reside within the 82 Home Rule Cities, or be required to recover the franchise fees from all LG&E gas customers is denied. 5. Louisville Metro's motion to allow Gregory T. Dutton to withdraw as counsel for Louisville Metro is granted.


12/28/2017 10:54:55 AM

Motion to Withdraw as Counsel


Gregory Dutton Louisville/Jefferson County Metro Govt.

10/4/2017 10:11:06 AM

20171004_PSC Notice of Filing.pdf


9/15/2017 5:05:50 PM

Reply Brief


Gregory Dutton Louisville/Jefferson County Metro Government

Exhibit_1.pdf

Exhibit 1

Exhibit_2.pdf

Exhibit 2

Reply_Brief_Final.pdf

Reply Brief of Louisville Metro

9/15/2017 4:46:32 PM

LGE Reply Brief


Kendrick Riggs Louisville Gas and Electric Company

8/31/2017 4:57:23 PM

Merits Brief


Gregory Dutton Louisville/Jefferson County Metro Government

Exhibit__7.pdf

Brief Exhibit 7

Exhibit_1.pdf

Brief Exhibit 1

Exhibit_2.pdf

Brief Exhibit 2

Exhibit_3.pdf

Brief Exhibit 3

Exhibit_4.pdf

Brief Exhibit 4

Exhibit_5.pdf

Brief Exhibit 5

Exhibit_6.pdf

Brief Exhibit 6

Louisville_Metro_Merit_Brief_Final.pdf

Louisville Metro Merits Brief

8/31/2017 4:30:33 PM

LGE Brief


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

8/18/2017 2:48:13 PM

Order Entered: 1. Louisville Metro's motion to amend the commencement of the oral argument hearing on September 28, 2017, is granted. 2. The start of the September 28, 2017 oral argument hearing shall be changed from 9 a.m. to 2 p.m. 3. An evidentiary hearing, if requested by the parties or on the Commission's own motion, shall be scheduled for Friday, September 29, 2017, at 9:00 a.m., Eastern Daylight Time, at offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 4. Pursuant to KRS 278.360 and 807 KAR 5:001. Section 9(a), a digital video transcript shall be made of the hearing.


8/15/2017 11:27:30 AM

Motion to Amend Commencement time of Oral Arguments


Gregory Dutton Louisville/Jefferson County Metro Government

8/9/2017 2:23:37 PM

Order Entered: 1. Louisville Metro's motion requesting the scheduling of oral arguments is granted. 2. Louisville Metro's motion requesting approval to withdraw its Issue 2 is denied. 3. The parties shall file simultaneous initial briefs addressing the legal issues presented in this matter on or before August 31, 2017. 4. The parties shall file simultaneous reply briefs on or before September 15, 2017. 5. Any request for a formal evidentiary hearing, along with a detailed description of material issues of fact, shall be submitted on or before September 15, 2017. 6. A hearing for receiving oral arguments on the legal issues presented in this matter shall be held on Thursday, September 28, 2017, at 9:00 a.m. Eastern Daylight Time, at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 7. LG&E shall present its oral argument first, followed by the presentation of oral argument from Louisville Metro. 8. If a formal evidentiary hearing is requested by a party to this proceeding, such hearing will be held at the conclusion of the oral arguments scheduled for September 28, 2017.


7/10/2017 2:13:25 PM

Response to LGE Motion for Leave to file Sur-reply


Gregory Dutton Louisville/Jefferson County Metro Government

Response_to_LGE_Motion_for_Sur_Reply.pdf

Louisville Metro Response to LGE Motion for Leave to file Sur-reply

7/5/2017 5:06:16 PM

LGEs Mtn for Leave to File Sur-Reply and Sur-Reply


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

LGE_Mtn_for_Leave_to_File_Sur-Reply_7-5-17.pdf

LGE Mtn for Leave to File Sur-Reply

6/27/2017 1:36:25 PM

Reply to LGE Response objecting to Louisville Metro Motion


Gregory Dutton Louisville/Jefferson County Metro Government

Reply_in_support_of_Issue_Withdraw_and_Oral_Argument.pdf

Reply in support of Louisville Metro Motion

6/23/2017 10:28:04 AM

LGE Response to Lou Metro Mtn for Oral Argument and Withdrawal of Pending Claim


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

LGE_Resp_to_Lou_Metro_Mtn_for_Oral_Argument_6-23-17.pdf

LGE Response to Mtn for Oral Argument

6/16/2017 2:49:06 PM

Motion for Oral Argument and Withdrawal of Issue


Gregory Dutton Louisville/Jefferson County Metro Government

6/16/2017 2:41:52 PM

Rebuttal Testimony


Gregory Dutton Louisville/Jefferson County Metro Government

Rebuttal_Testimony_og_ARN_Public.pdf

Rebuttal Testimony of Allen Neale

6/16/2017 2:23:21 PM

LGE Rebuttal Testiomonies


Rick E. Lovekamp Louisville Gas and Electric Company

LGE_Rebuttal_Testimony.pdf

LG&E Rebuttal Testimony

Read_1st-Cover_Letter.pdf

Read 1st - Cover Letter

6/12/2017 3:17:03 PM

Order Entered: 1. Joint Movants' motion to establish a June 16, 2017, deadline for the filing of rebuttal testimony is granted. 2. LG&E and Louisville Metro shall file rebuttal testimony on or before June 16, 2017. 3. All other provisions of the Commission's February 27, 2017 Order, which established the procedural schedule in this matter, shall remain in full force and effect.


6/7/2017 4:28:13 PM

Joint Motion Requesting Rebuttal Testimony Deadline of LGE and Louisville Metro


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

Joint_Motion_Requesting_Rebuttal_Testimony_Deadline.pdf

Joint Motion Requesting Rebuttal Testimony Deadline

5/26/2017 12:33:23 PM

LGEs Supplemental Responses to the Louisville Metro Governments First Request for Information Question Nos. 1 and 12


Rick E. Lovekamp Louisville Gas and Electric Company

Petition_for_Confidential_Protection.pdf

Petition for Confidential Protection

Read_1st-Cover_Letter.pdf

Read 1st - Cover Letter

5/22/2017 2:50:59 PM

LGEs Discovery Status Report


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

LGE_Discovery_Status_Report_5-22-17.pdf

Discovery Status Report of LGE

5/15/2017 4:20:32 PM

Discovery Status Report


Kendrick Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

LGE_Discovery_Status_Report.pdf

LGE Discovery Status Report

5/4/2017 10:33:19 AM

Order Entered: 1. LG&E's motion to extend the deadline for filing of rebuttal testimony is denied as moot. 2. LG&E's request for an extension of the period of time for it to file a substantive response to Louisville Metro's motion to compel to no later than seven days from the date the parties report the discovery dispute cannot be resolved is granted. 3. LG&E shall file a status report on the parties' efforts to resolve the discovery dispute on or before May 15, 2017.


4/27/2017 4:58:55 PM

Response of LGE to Motion to Compel


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

4/21/2017 1:48:05 PM

Order Entered: 1. The procedural schedule appended to the Commission's February 27, 2017 Order is amended to the limited extent that the April 21, 2017 due date for the parties to file rebuttal testimony is suspended and a new due date shall be established by further Order of the Commission. 2. All other provisions of the Commission's February 27, 2017 Order shall remain in full force and effect.


4/21/2017 12:38:25 PM

Motion to Extend Filing of Rebuttal Testimony


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

LGE_Motion_to_Extend_4-21-17.pdf

LG&E Motion to Extend Filing of Rebuttal Testimony

4/20/2017 8:54:31 AM

Motion to Compel


Gregory Dutton Louisville/Jefferson County Metro Government

Motion_to_Compel.pdf

Motion to Compel

4/10/2017 1:55:48 PM

Affidavit of Rick Blackwell


Gregory Dutton Louisville/Jefferson County Metro Government

Rb_Verification.pdf

Rick Blackwell Verification

4/7/2017 3:30:40 PM

Louisville Metro Response to Requests for Information


Gregory Dutton Louisville/Jefferson County Metro Government

LM_Responses_to_LGE_RFI_Final.pdf

Louisville Metro Responses to LGE

LM_Responses_to_PSC_RFI_Final.pdf

Louisville Metro Responses to PSC

4/7/2017 10:55:06 AM

LGE Responses to Metro Governments First Request for Information and a Petition for Confidential Protection


Rick E. Lovekamp Louisville Gas and Electric Company

2016-00317_LGE_Response_METRO_1st_DR.pdf

LG&E Response to Metro's First Req for Infor

Petition_for_Confidential_Protection.pdf

Petition for Confidential Protection

Read_1st-Cover_Letter.pdf

Read 1st - Cover Letter

4/7/2017 10:51:20 AM

LGE Responses to Commission Staffs Initial Request for Information


Rick E. Lovekamp Louisville Gas and Electric Company

2016-00317_LGE_Response_Staff_1st_RFI.pdf

LG&E Responses to Staff's Initial Req for Infor

Read_1st-Cover_Letter.pdf

Read 1st - Cover Letter

3/24/2017 3:20:15 PM

LGEs data responses to Louisville-Jefferson County Metro Government


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

LGE_Initial_Data_Response_to_Louisville_Metro_3-24-17.pdf

LGE Data Responses to Louisville-Jefferson County Metro Government

3/24/2017 1:00:21 PM

Data Request


3/24/2017 11:00:31 AM

Requests for Information from LGE


Gregory Dutton Louisville/Jefferson County Metro Government

3/24/2017 10:34:07 AM

Data Request


3/15/2017 12:27:24 PM

Affidavit of Allen Neale


Gregory Dutton Louisville/Jefferson County Metro Government

Verification_of_AN.pdf

Allen Neale Affidavit

3/14/2017 5:01:35 PM

Direct Testimony of Louisville Metro


Gregory T Dutton Louisville/Jefferson County Metro Government

Affidavit_of_RB.pdf

Blackwell Affidavit

Exhibit_ARN-2.pdf

Exhibit ARN-2

Exhibit_ARN-3.pdf

Exhibit ARN-4

Exhibit_ARN-4.pdf

Exhibit ARN-3

3/14/2017 3:20:28 PM

Direct Testimonies of Lonnie E. Bellar and Robert M. Conroy


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

BELLAR_Direct_Testimony_3-14-17.pdf

LGE Direct Testimony of Lonnie E. Bellar

CONROY_Direct_Testimony_3-14-17.pdf

LGE Direct Testimony of Robert M. Conroy

2/27/2017 3:31:41 PM

Order Entered: 1. Louisville Metro's motion for a rehearing is denied. 2. Louisville Metro's Motion to File Addendum in Case No. 2016-00347 is granted. 3. The existing procedural schedule established pursuant to the January 25, 2017 Order in Case No. 2016-00317 is revised as set forth in the Appendix. 4. The revised procedural schedule set forth in the Appendix supersedes any schedule previously established and shall be followed in this proceeding. 5. Case No. 2016-00347 is closed and removed from the Commission's docket.


2/17/2017 1:28:47 PM

LGEs Response to Louisville Metro Governments Motion for Rehearing


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

LGE_Response_to_LJCMG_Mtn_for_Rehearing_2-17-17.pdf

LGE Response to LJCMG Mtn for Rehearing

2/14/2017 3:21:53 PM

Louisville Metro Motion for Rehearing


Gregory Dutton Louisville/Jefferson County Metro Government

Mot_for_Rehearing.pdf

Louisville Metro Motion for Rehearing and Suspension of Procedural Schedule

1/25/2017 2:46:30 PM

20170125_Case Record of Case No. 2016-00347.pdf


1/25/2017 1:52:21 PM

Order Entered: 1. Louisville Metro's motion to dismiss is denied. 2. Louisville Metro's motion for a procedural schedule is granted. 3. Pursuant to 807 KAR 5:001, Section 4(4), the case record of Case No. 2016-00347 shall be physically consolidated into the record of this matter. 4. The procedural schedule set forth in the appendix to this Order shall be followed. 5. a. Responses to requests for information in paper medium 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 an original in paper medium and six copies in paper medium and an electronic version 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.


10/25/2016 10:48:13 AM

Order Entered: LJCMG's motion to dismiss and its request for a procedural schedule are held in abeyance until further Order by the Commission.


10/22/2016 1:14:30 PM

Reply to LGE Response to Request for Procedural Schedule


Gregory T. Dutton Louisville/ Jefferson County Metro Government

10/18/2016 3:36:04 PM

LGE Response to Louisville/Jefferson Co Metro Government Request for a Procedural Schedule


Kendrick R. Riggs on behalf of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

LGE_Response_to_Lou_Metro_Request_for_Procedural_Schedule_10-18-2016.pdf

LGE Response to Lou Metro Request for Procedural Schedule

10/14/2016 11:06:00 AM

Request for Procedural Schedule


Gregory Dutton Louisville/Jefferson County Metro Government

10/12/2016 12:22:34 PM

Written Statement of KIUC in Response to Commissions Order of Procedure


Michael L. Kurtz, Esq., Kentucky Industrial Utility Customers

Cover_ltr_-__2016-00317.pdf

Cover Ltr - Read 1st

10/7/2016 11:06:13 AM

Errata Filing


Gregory Dutton Louisville/Jefferson County Metro Government

10/4/2016 5:21:34 PM

Reply to LGE Response to Motion to Dismiss.


Gregory Dutton Louisville/Jefferson County Metro Government

Louisville_Reply_to_LGE_Response_to_Mot_to_Dismiss.pdf

Reply to LG&E Response to Motion to Dismiss

10/3/2016 4:11:08 PM

LGE`s Verified Reply


Kendrick Riggs Louisville Gas and Electric Company

9/29/2016 4:24:40 PM

LGEs Response to LJCMGs Motion to Dismiss or in the Alternative Incorporate the Record


Kendrick R. Riggs of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

LGE_Response_to_Mtn_to_Dismiss_9-29-2016.pdf

LGE Response to Mtn to Dismiss

9/22/2016 11:49:31 AM

Order Entered: The motion of LJCMG to intervene is granted. 2. LJCMG 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. LJCMG shall comply with all provisions of the Commission's regulation, 807 KAR 5:001, Section 8, related to the service and filing of documents. 4. Pursuant to 807 KAR 5:001 , Section 8(9), within seven days of entry of this Order, LJCMG shall file a written statement with the Commission that: a. Certifies that it, or its agent, possesses the facilities to receive electronic transmissions; and b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding should be served.


9/19/2016 8:53:56 AM

Motion to Dismiss


Gregory T. Dutton Louisville/Jefferson County Metro Government

9/19/2016 8:51:08 AM

Motion to Intervene and Response


Gregory T. Dutton Louisville/Jefferson County Metro Government

Mot_to_Intervene_and_Response.pdf

Louisville/ Jefferson County Motion to Intervene and Response to LG&E

9/14/2016 4:04:21 PM

Order Entered: 1. LG&E's motion to designate the electronic filing procedures for this case is granted. 2. The style of this case shall be amended to include the word "Electronic," as set forth above, and all future correspondence or filings in connection with this case shall reference the above style and case number. 3. All documents submitted in this proceeding shall comply with the Commission's rules of procedure as set forth in 807 KAR 5:001, and any deviation from these rules shall be submitted in writing to the Commission for consideration. 4. Any party filing a paper shall upload an electronic version using the Commission's E-Filing System and shall file an original and six copies in paper medium. 5. Any request for confidential treatment of material submitted shall conform to the requirements in 807 KAR 5:001, Section 13. 6. Materials submitted to the Commission that do not comply with the rules of procedure or that do not have an approved deviation are subject to rejection pursuant to 807 KAR 5:001, Section 3.


9/12/2016

Order Entered: 1. The amended motion of KIUC to intervene is granted. 2. KIUC 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. KIUC shall comply with all provisions of the Commission's regulation, 807 KAR 5:001, Section 7, related to the service and filing of documents. 4. Within seven days of entry of this Order, KIUC shall provide its electronic mail address to which all electronic documents issued by the Commission and other parties of record may be served upon Kl UC in accordance with 807 KAR 5:001, Section 4(8)(b).


9/6/2016

KIUC Amended Motion to Intervene


9/2/2016

KIUC Motion to Intervene


9/1/2016

LGE Motion to Use Electronic Filing


8/31/2016

20160831_PSC Acknowledgement Letter.pdf


8/31/2016

Louisville Gas and Electric Company Application for a Declaratory Order Regarding the Proper Method of Municipal Franchise Fee Recovery


20160831_Louisville Gas and Electric Company Application.pdf

Louisville Gas and Electric Company Application