Kentucky Public Service Commission

Order Entered: 1. This case is reopened to address the outstanding civil penalties assessed against B & H and Mr. Rife. 2. The civil penalties assessed against B & H and Mr. Rife in the Commission’s August 19, 2019 Order in this proceeding are waived. 3. This case is closed and removed from the Commission’s docket.

Final Order Entered: This matter is closed and removed from the Commission's docket.

Notice of Withdrawal

Larry Cook Kentucky Attorney GeneralsOffice

Final Order Entered: 1. Bud Rife, as president of B & H, is assessed a penalty for his willful violation of KRS 278.300 in the amount of $15,000. 2. B & H is assessed a penalty for its willful violation of KRS 278.300 in the amount of $15,000. 3. Bud Rife and B & H shall pay the assessed penalties of $15,000 each within 14 days of the date of entry of this Order. Payments shall be made by certified check or money order made payable to "Kentucky State Treasurer" and shall be mailed or delivered to the Office of General Counsel, Kentucky Public Service Commission, 211 Sower Boulevard, P.O. Box 615, Frankfort, Kentucky, 40602-0615. 4. Upon payment of $15,000 by Bud Rife and $15,000 by B & H, this case shall be closed and removed from the Commission's docket without further Order of the Commission.

Amended and Redacted Exhibit B to Response to Attorney Generals Post-Hearing Data Request

Joe F. Childers BH Gas Company and Bud Rife

Responses to the Attorney Generals Post Hearing Data Requests

Joe F. Childers BH Gas Company and Bud Rife

Cover Letter to Accompany Responses to Staffs Post Hearing Data Requests

Joe F. Childers BH Gas Company and Bud Rife

Responses to Staffs Post Hearing Data Requests

Joe F. Childers BH Gas Company and Bud Rife

Order Entered: 1. The motion of B & H and Bud Rife for an extension of time until May 23, 2019, to file responses to Post-Hearing Requests is granted. 2. B & H and Mr. Rife shall file responses to Post-Hearing Requests no later than May 23, 2019. 3. No further extensions of time to file any filings in this proceeding shall be granted.

Motion for Extension of Time

Joe F. Childers BH Gas Company and Bud Rife

20190506_PSC Notice of Filing.pdf

Attorney Generals Post-Hearing Data Requests

LW Cook Office of the Attorney General

Data Request

Order Entered: 1. Post-hearing data requests shall be filed in the record on or before Friday, April 26, 2019. 2. Responses to post-hearing data requests shall be filed in the record on or before Friday, May 17, 2019. 3. If the respondents, Bud Rife, B & H Gas Company, and Johnson County Gas Company, Inc., desire to file a brief such brief shall be filed on or before Friday, June 7, 2019. 4. The Office of Attorney General may if it desires, file a responsive brief on or before Friday, June 14, 2019. 5. If a brief is filed by the Office of the Attorney General, respondents may file a reply brief on or before Wednesday, June 19, 2019. 6. This case shall stand submitted for decision by the Commission effective 12:01 a.m., Eastern Time, on Thursday, June 20, 2019.

Responses to Staffs Initial Data Requests

Joe F. Childers BH Gas Company and Bud Rife

Responses to Attorney Generals Initial Data Requests

Joe F. Childers BH Gas Company and Bud Rife

Order Entered: 1. The motion of B & H and Bud Rife for an extension of time is granted in part and denied in part. 2. The motion of B & H and Bud Rife for an extension of time until April 4, 2019, to file responses to Staff's First Request is granted. 3. The motion of B & H and Bud Rife for an extension of time until April 18, 2019, to file responses to the Attorney General's First Request is denied. 4. The motion of B & H and Bud Rife for a continuation of the April 24, 2019 hearing is denied. 5. B & H and Mr. Rife shall file responses to Staff's First Request and to the Attorney General's First Request no later than April 4, 2019. 6. The provision in the March 13, 2019 procedural schedule for B & H and Mr. Rife to file responses to initial requests for information is amended to reflect the responses to initial requests for information shall be filed no later than April 4, 2019. 7. The provisions in the March 13, 2019 procedural schedule for filing supplemental requests to B & H and Mr. Rife no later than April 4, 2019, and for B & H and Mr. Rife to file responses to the supplemental requests no later than April 17, 2019, are stricken. 8. All provisions of the March 13, 2019 procedural schedule that are not in conflict with the terms of this Order shall remain in effect. 9. No further extensions of time to respond to the initial requests for information shall be granted.

Motion for Extension of Time

Joe F. Childers BH Gas Company and Bud Rife

Order Entered: The motion of B & H and Bud Rife to dismiss this proceeding is denied.

Attorney Generals Response to B and Hs Response to Commission Allegations

LW Cook Office of the Attorney General

Response to Commissions March 13, 2019 Order

Joe F. Childers BH Gas Company and Bud Rife

Response to Commissions Order Initiating Investigation

Joe F. Childers BH Gas Company and Bud Rife

Order Entered: 1. The motion of B & H and Bud Rife for an extension of time to file their responses to the February 27, 2019 Order and to the initial data requests is granted. 2. On or before March 21, 2019, B & H and Mr. Rife shall file their written response to the allegations contained in the February 27, 2019 Order. 3. The amended procedural schedule set forth in the Appendix to this Order shall be followed. 4. On or before March 21, 2019, B & H and Mr. Rife shall file a written response setting forth the employee or employees who will operate and maintain B & H in Mr. Rife's absence, their qualifications, and what duties they will assume. 5. All provisions of the February 27, 2019 Order that are not in conflict with the terms of this Order shall remain in effect.

Motion for Extension of Time

Joe F. Childers BH Gas Company and Bud Rife

Attorney Generals Initial Data Requests

LW Cook Office of the Attorney General

Data Request

Letter designating email addresses for electronic sevice

Joe F. Childers BH Gas Company and Bud Rife

Order Entered: 1. Within ten days of the date of entry of this Order, B & H and Bud Rife shall submit to the Commission a written response to the allegations contained in this order. 2. B & H and Bud Rife shall appear in Hearing Room No. 1 of the Commission offices in Frankfort, Kentucky, at 9 a.m. Eastern Daylight Time, on April 24, 2019, to show cause why they should not be subject to penalties pursuant to KRS 278.990 as described in finding paragraph 3 of this Order. 3. Pursuant to KRS 278.360 and 807 KAR 5:001, Section 9(9), a digital video recording shall be made of the hearing. 4. At any public hearing in this matter, neither opening statements nor summarization of direct testimonies shall be permitted. 5. The record in Case No. 2018-00433 is incorporated by reference into this proceeding. 6. The Attorney General shall be made a party to this proceeding. 7. Any party filing a paper with the Commission shall file an electronic copy in accordance with the electronic filing procedures set forth in 807 KAR 5:001, Section 8, and shall also file the original in paper medium with the Commission. 8. Pursuant to 807 KAR 5:001, Section 8(10), within seven days of entry of this Order, B & H and Bud Rife shall file a written statement with the Commission that: Certifies that they possess 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.