Kentucky Public Service Commission

Order Entered: 1. BREC’s motion for confidential treatment is granted. 2. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for five years or until further Order of this Commission. 3. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9). 4. BREC shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment. 5. If a nonparty to this proceeding requests to inspect the material granted confidential treatment by this Order and the period during which the material has been granted confidential treatment has not expired, BREC shall have 30 days from receipt of written notice of the request to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878. If BREC is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. 6. The Commission shall not make the requested material available for inspection for 30 days from the date of service of an Order finding that the material no longer qualifies for confidential treatment in order to allow BREC to seek a remedy afforded by law.

Final Order Entered: 1. BREC’s request for an order finding that it correctly performed the calculations contained in the “Interim Accounting Summary” attached to the application, or as updated as of December 31, 2019, is denied. 2. The Commission does find that BREC’s Interim Accounting Summary, as updated for costs through December 31, 2019, accurately calculated the amounts due to BREC or Henderson pursuant to the Station Two Contracts, except as follows: a. Any operating and maintenance or other costs in FY 2018/2019, subject to allocation based on Henderson’s capacity reservation, shall be allocated based on a reservation of 120 MW, as opposed to the 125 MW proposed by BREC, which results in a reduction in the amount owed to BREC of $227,045 as indicated above; b. Henderson is not required to pay $143,400 of the severance costs included in the Interim Accounting Summary due to the difference in the actual and projected costs; and c. Henderson is required, pursuant to the Station Two Contracts, to share in the costs of decommissioning Station Two and joint-use facilities as discussed above, but the Commission currently declines to make a specific finding regarding the amounts owed, including whether the amount in the Interim Accounting Summary is accurate, for the reasons discussed above.

Reply Brief of Big Rivers Electric Corporation

Roger Hickman Big Rivers Electric Corporation

Post Hearing Brief and Read First Letter

RANDALL REDDING City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

Big Rivers Electric Corporation Brief with Attachment

Roger Hickman Big Rivers Electric Corporation

Big Rivers Responses to Information Requests from October 22 Hearing

Roger Hickman Big Rivers Electric Corporation

20201029_PSC Notice of Filing Hearing Documents.pdf

Henderson-HMPL Post-Hearing Request for Information to BREC

RANDALL REDDING City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

Data Request

Order Entered: 1. Post-hearing data requests shall be filed in the record on or before Tuesday, October 27, 2020. 2. Responses to post-hearing data requests shall be filed in the record on or before Tuesday, November 3, 2020. 3. Big Rivers Electric Corporation ("Big Rivers") shall file its post-hearing brief on or before Tuesday, November 17, 2020. 4. The City of Henderson, Kentucky and Henderson Utility Commission d/b/a Henderson Municipal Power & Light (jointly "Henderson") shall file its post-hearing brief on or before Tuesday, December 1, 2020. 5. Big Rivers shall file its reply brief on or before Tuesday, December 8, 2020. 6. This case shall stand submitted for decision by the commission effective 12:01 a.m., Eastern Time, on Wednesday, December 9, 2020.

Motion to file Second Amended Testimony of Chris Heimgartner

RANDALL REDDING City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

Big Rivers Notarized Proof of Publication of Hearing Notice including Newspaper Tearsheets

Roger Hickman Big Rivers Electric Corporation

Motion to Amend Direct Testimony of Chris Heimgartner and Supplement Exhibits

RANDALL REDDING City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

Executed Verification of Barbara Moll for Amended Direct Testimony

RANDALL REDDING City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

Barbara Moll Verification for Amended Direct Testimony

RANDALL REDDING City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

Motion to Amend Direct Testimony of Barbara Moll and Exhibits Moll-3 and Moll-4

RANDALL REDDING City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

Big Rivers Newspaper Notice of Hearing

Roger Hickman Big Rivers Electric Corporation

Order Entered: 1. A hearing in this matter shall be held on Thursday, October 22, 2020, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room (Hearing Room 1) at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 2. Big Rivers Electric Corporation (BREC) 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 statements: "This hearing will be streamed live and may be viewed on the PSC website, psc.ky.gov" and "Public comments may be made at the beginning of the hearing. Those wishing to make oral public comments may do so by following the instructions listed on the PSC website, psc.ky.gov." At the time the notice is mailed or publication is requested, BREC 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.

Reply of Big Rivers Electric Corporation

Michael L. Kurtz Big Rivers Electric Corporation

Response to Motion for Evidentiary Hearing

SHARON FARMER City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

Big Rivers Corporations Motion for Evidentiary Hearing

Michael L Kurtz Big Rivers Electric Corporation

Big Rivers Rebuttal Testimony

Roger Hickman Big Rivers Electric Corporation

Read First Letter for Hend-HMPL Revised Response to Item 36

SHARON FARMER City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

Revised Response to Item 36 of Big Rivers Initial RFI

SHARON FARMER City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

City of Henderson, Kentucky and Henderson Utility Commission d/b/a Henderson Municipal Power and Light Responses to Big Rivers Request for Information

SHARON FARMER City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

City of Henderson, Kentucky, and Henderson Utility Commission d/b/a Henderson Municipal Power Lights Responses to Commission Staffs Request for Information

Sharon W. Farmer King, Deep Branaman

Big Rivers Information Requests to City of Henderson, et. al.

Roger Hickman Big Rivers Electric Corporation

Data Request

Direct Testimony

Sharon W. Farmer King, Deep Branaman

Big Rivers Correction of Errors in Footers of Attachments to Response to Item 1 of Commission Staffs Second Request for Information

Roger Hickman Big Rivers Electric Corporation

Big Rivers Responses to Commission Staffs Second Information Request and Hendersons Supplemental Information Request

Roger Hickman Big Rivers Electric Corporation

Henderson Supplemental Data Requests to Big Rivers

RANDALL REDDING City of Henderson, Kentucky and the Henderson Utility Commission d/b/a Henderson Municipal Power Light

Data Request

Page Two of Attachment 1 and Attachment 2 to Item 58 of City of Hendersons First Request for Information

Roger Hickman Big Rivers Electric Corporation

Big Rivers revisions to Item Nos. 7 and 22 of Commission Staffs Initial Request for Information

Roger Hickman Big Rivers Electric Corporation

Excel files referenced in Big Rivers response to Item 33 of City of Hendersons First Request for Information

Roger Hickman Big Rivers Electric Corporation

Big Rivers responses to Commission Staffs Initial Information Request and to City of Henderson, Henderson Utility Commission d/b/a Henderson Municipal Power Lights First Information Request

Roger Hickman Big Rivers Electric Corporation

Henderson First Requests for Information to Big Rivers Electric Corp.

Sharon W. Farmer King, Deep Branaman

Data Request

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 include the name of the witness responsible for responding to the questions related to the information provided, with an original in paper medium and an electronic version to the Commission. Documents in paper medium shall be appropriately bound, tabbed, and indexed. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked. b. Each response shall be 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.

Order Entered: 1. BREC’s motion for confidential protection for is granted. 2. The designated information contained in the Pullen Testimony and Exhibit Pullen-8 shall not be placed in the public record or made available for public inspection for ten years or until further Order of this Commission. 3. Use of the material in question in any Commission proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 4. BREC shall inform the Commission if the material in question becomes publicly available or no longer qualifies for confidential treatment. 5. If a non-party to this proceeding requests to inspect the material granted confidential treatment by this Order and the period during which the material has been granted confidential treatment has not expired, BREC shall have 30 days from receipt of written notice of the request to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878. If BREC is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. 6. The Commission shall not make the requested material available for inspection for 30 days following an Order finding that the material no longer qualifies for confidential treatment in order to allow BREC to seek a remedy afforded by law.

Waiver

John Hughes Henderson Municipal Power and Light

Big Rivers Electric Corporations Written Statement of Mail Waiver

Michael L. Kurtz Big Rivers Electric Corporation

Order Entered:1. Henderson's motion to convert this proceeding to an electronic case is granted. 2. Electronic filing procedures shall be followed pursuant to 807 KAR 5:001, Section 8, for all filings in this case. 3. Parties shall upload an electronic version using the Commission's electronic Filing System. 4. Pursuant to the March 16, 2020 Order in Case No. 2020-00085, parties shall not file an original paper copy of any documents in this proceeding until further order of the Commission. Upon an order lifting the current state of emergency, parties shall file original paper copies of electronic documents filed in this proceeding within 30 days of the lifting of the current state of emergency. 5. The style of this case is revised to read, "Electronic Application of Big Rivers Electric Corporation for Enforcement of Rate and Service Standards."

City of Henderson and Henderson Utility Commission Reply to Big Rivers Electric Corporation Response to Proposed Procedural Schedule

Big Rivers Electric Response to Proposed Procedural Schedule

City of Henderson and Henderson Utility Commission Motion to Convert Case to Electronic

City of Henderson and Henderson Utility Commission Proposed Procedural Schedule pursuant to Commission Staff Memo

Memorandum dated 3/09/2020 for Informal Conference of 3/05/2020; Comments, if any, due within five days of receipt

Order Entered: 1. The motion of Henderson to reschedule the informal conference is granted. 2. The informal conference originally scheduled for February 27, 2020, shall be rescheduled to March 5, 2020, at 1 p.m. Eastern Standard Time, at the Commission's

Big Rivers Electric Corporation Response to Motion to Reschedule Conference

City of Henderson and Henderson Utility Commission Motion to Reschedule Conference

Order Entered: 1. Henderson's motion to dismiss is denied. 2. Henderson's alternate motion to hold this the matter in abeyance pending adjudication of identical issues before the Franklin Circuit Court is denied as moot. 3. Henderson's motion for leave to

Big Rivers Electric Corporation Reply to the Response and Objection of Henderson Utility Commission

City of Henderson and Henderson Utility Commission Response and Objection to Motion of Big Rivers Electric Corporation to Amend Exhibits

Big Rivers Electric Corporation Motion to Amend Exhibits

Big Rivers Electric Corporation Response to City of Henderson

Big Rivers Electric Corporation Reply to City of Henderson and Henderson Utility Commission

City of Henderson and Henderson Utility Commission Response to Big Rivers Electric Corporation Motion for Informal Conference

City of Henderson and Henderson Utility Commission Motion to File Out of Time

City of Henderson and Henderson Utility Commission Motion to Dismiss or Alternatively to Hold in Abeyance

City of Henderson and Henderson Utility Commission Response to Commission Order

Order Entered: 1. The motion of Henderson to intervene is granted. 2. Henderson 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 do

Big Rivers Electric Corporation Motion for Informal Conference

City of Henderson and Henderson Utility Commission Motion to Intervene

Big Rivers Electric Corporation Application for Enforcement of Rate and Service Standards

Acknowledge Receipt of Filing