Kentucky Public Service Commission

Order Entered: 1. Pikeville's Petition for Confidential Treatment is denied in part and granted in part. 2. The designated material in Pikeville's response to Item 28 of Staff's Second Request, if that material is paid for by public funds, is denied confidential treatment. 3. The designated material in Pikeville's response to Item 28 of Staff's Second Request, if that material is paid for by the employee or deducted from the employee's salary, is granted confidential treatment. 4. The designated material in Pikeville's Petition for Confidential Treatment for which confidential treatment has been denied shall not be placed in the public record or made available for inspection for 30 days from the date of entry of this Order to allow Pikeville to seek a remedy afforded by law. 5. Within 30 days of the date of entry of this Order, Pikeville shall file revised documents identified in the Petition for Confidential Treatment reflected as unredacted the information that has been denied confidential treatment. 6. The identified material granted confidential treatment shall not be placed in the public record or made available for public inspection until further Order of this Commission. 7. Use of the material in question in any Commission proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 8. Pikeville shall inform the Commission if the material in question becomes publicly available or no longer qualifies for confidential treatment.

Order Entered: 1. Pikeville's request for a hearing is granted in part and denied in part. 2. Pikeville's request to not refund any money to Southern District, as discussed herein, is granted. 3. All other Pikeville's requests for rehearing are denied. 4. This case is closed and removed from the Commission's docket.

Plan for Refund

M Todd Osterloh City of Pikeville

Final Order Entered: 1. The wholesale rates proposed by Pikeville are denied. 2. The rates and charges found reasonable herein and set forth in Appendix C to this Order are approved for the provision of wholesale water service rendered by Pikeville to Mountain District and Southern District on and after September 5, 2019. 3. Within 30 days of the date of this Order, Pikeville shall file with the Commission a report on the amount of excess revenues collected from September 5, 2019, through the date of this Order and a plan for refunding these revenues. This report shall include interest for the period the excess revenues were collected at the average of the Three-Month Commercial Paper Rate as reported in the Federal Reserve Bulletin and the Federal Reserve Statistical Release. Pikeville shall include in its report its plan to refund the excess revenues collected and the associated interest within 60 days of the date of this order, as required by KRS 278.190(4). 4. Within 20 days of the date of this Order, Pikeville shall file with this Commission, using the Commission's electronic Tariff Filling System, revised tariff sheets setting out the rates approved herein and reflecting that they were approved pursuant to this Order. 5. Any documents filed pursuant to ordering paragraph No. 3 and 4 of this Order shall reference the case number of this matter and shall be retained in the utility's general correspondence files.

Supplemental response

John Hughes Mountain Water District

Reply Brief

M Todd Osterloh City of Pikeville

Brief

John Hughes Mountain Water District

Post-Hearing Brief

M Todd Osterloh City of Pikeville

Supplemental Response to PSC 2-34

M Todd Osterloh City of Pikeville

Pikevilles Response to Post-Hearing Data Requests

M Todd Osterloh

20190917_PSC Notice of Filing.pdf

Response

John Hughes Mountain Water District

Data Request

City of Pikevilles Post-Hearing Data Requests upon the Mountain Water District

M. Todd Osterloh City of Pikeville

Order Entered: 1. Post-hearing data requests shall be filed in the record on or before Friday, September 13, 2019. 2. Responses to post-hearing data requests shall be filed in the record on or before Friday, September 20, 2019. 3. The city of Pikeville shall file its post-hearing brief on or before Friday, October 4, 2019. 4. Mountain Water District shall file its post-hearing brief on or before Friday, October 18, 2019. 5. The city of Pikeville shall file its post-hearing reply brief(s) on or before Friday, October 25, 2019. 6. This case shall stand submitted for decision by the commission effective 12:01 a.m., Eastern Daylight Time, on October 26, 2019.

Order Entered: Pikeville is required to maintain its records in a manner as will enable it, or the Commission, or any of its customers to determine the amounts to be refunded and to whom due in the event a refund is ordered.

Pikevilles Corrected Responses to Requests for Information

M Todd Osterloh City of Pikeville

Order Entered: Mountain District's July 18, 2019 Motion is denied.

City of Pikeville Notice of Witnesses and Exhibits

M. Todd Osterloh City of Pikeville

Notice of Implementation of Rates

M. Todd Osterloh City of Pikeville

Response

John Hughes Mountain Water District

Supplemental Responses to Items 18 of the Commission Staffs Third Request for Information

M. Todd Osterloh City of Pikeville

Pikevilles Notice of Filing of the Notice of Hearing

M Todd Osterloh City of Pikeville

Supplemental Response to PSC 2-34

M Todd Osterloh City of Pikeville

Excel Files as exhibits in Pikevilles Responses to the Commission Staff’s Third Request for Information

M. Todd Osterloh City of Pikeville

Responses to the Commission Staff’s Third Request for Information

M. Todd Osterloh City of Pikeville

MWDs Supplemental Response to PSCs 2nd Data Request

Daniel P. Stratton Mountain Water District

Response of Mountain Water District to City of Pikevilles First Data Request

Daniel P. Stratton Mountain Water District

Response of Mountain Water District to Commissions Second Data Request

Daniel P. Stratton Mountain Water District

Supplemental Response to PSC 1-8, PSC 1-25, and MWD 1-69

M Todd Osterloh Pikeville

Order Entered: 1. The hearing scheduled for Thursday, August 22, 2019, at 9 a.m. Eastern Daylight Time, is canceled and rescheduled for Wednesday, September 11 , 2019, at 9 a.m. Eastern Daylight Time, at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 2. The city of Pikeville (Pikeville) shall give notice of the hearing in compliance with 807 KAR 5:001, Section 9(2)(b). In addition, the notice of hearing shall include the following statement: "This hearing will be streamed live and may be viewed on the PSC website, psc.ky.gov." At the time, the notice is mailed or publication is requested, Pikeville shall forward a duplicate of the notice and request to the Commission. 3. Pursuant to KRS 278.360 and 807 KAR 5:001 , Section 9(9), a digital video transcript shall be made of the hearing. 4. Counsel for the parties shall file with the Commission and serve upon opposing counsel on or before September 3, 2019, a list of witnesses expected to testify at the hearing as well as a list, together with a copy of each exhibit to be introduced into evidence at the hearing.

Pikevilles Request for Information to MWD

M Todd Osterloh Pikeville

Data Request

Data Request

Pikevilles Response to Motion to Reschedule Hearing

M Todd Osterloh

Exhibit 1 to Pikevilles Response to Motion to Compel

M Todd Osterloh

City of Pikevilles Response to MWD’s Motion to Compel

M. Todd Osterloh City of Pikeville

Motion to Reschedule Hearing

Daniel P. Stratton, Esq. Mountain Water District

Order Entered: 1. A hearing in this matter shall be held on Thursday, August 22, 2019, at 9 a.m., Eastern Daylight Time, at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 2. City of Pikeville (Pikeville) shall give notice of the hearing in compliance with 807 KAR 5:001 , Section 9(2)(b). In addition, the notice of hearing shall include the following statement: "This hearing will be streamed live and may be viewed on the PSC website, psc.ky.gov." At the time, the notice is mailed or publication is requested, Pikeville shall forward a duplicate of the notice and request to the Commission. 3. Pursuant to KRS 278.360 and 807 KAR 5:001, Section 9(9), a digital video transcript shall be made of the hearing.

testimony

John Hughes Mountain Water District

Electronic Service Letter

Daniel P. Stratton Mountain Water District

Motion to Compel

Daniel P. Stratton Mountain Water District

Pikeville Petition for Confidentiality

M. Todd Osterloh City of Pikeville

Pikeville Response to MWD 1st Data Request

M. Todd Osterloh City of Pikeville

Pikeville Response to PSC 2nd RFI

M. Todd Osterloh City of Pikeville

Response

John Hughes Mountain Water District

Order Entered: 1. Pikeville's motion for leave to file responses to Staff's initial request for information out of time is granted, and the response is accepted for filing as of June 24, 2019. 2. Pikeville's motion for a deviation for the regulation to allow Pikeville to file the original and one copy of its responses to Staff's initial request for information is granted. 3. Pikeville's motion for use of electronic filing procedures is granted. 4. The electronic filing procedures set forth in 807 KAR 5:001, Section 8 shall be used in the processing of this matter.

Mountain Water District Initial Data Request to the City of Pikeville

Commission Staff's First Request for Information to Mountain Water District

Commission Staff's Second Request for Information to the City of Pikeville

Mountain Water District Response to Motions

City of Pikeville Response to Staff First Request for Information

City of Pikeville Motion for Leave to File Responses Out of Time, Deviate from 807 KAR 5:001, Section 7(1), and Allow Electronic Filing Procedures

Order Entered: 1. The procedural schedule set forth in Appendix A, attached hereto and incorporated herein, shall be followed in this proceeding. 2. The information requested in Appendix B to this order shall be filed by the date set forth in Appendix A. 3. Responses to requests for information, including those set forth in Appendix B, 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 the original and six copies to the Commission. a. 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. b. 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 not incorrect in any material respect. c. 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.

Order Entered: 1. Pikeville's proposed rates for wholesale service to Mountain District are suspended for five months from April 5, 2019, to September 4, 2019. 2. Mountain District is made a party to this case. 3. Requests for intervention shall be filed no later than April 15, 2019. Any party who submits a motion to intervene after April 15, 2019, and upon a showing of good cause is granted full intervention, shall accept and abide by the existing procedural schedule, if any.

Mountain Water District Protest Letter

City of Pikeville Tariff Filing