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 an indefinite period 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.

Big Rivers response to Commissions August 6, order granting in part and denying in part confidential protection to information in Big Rivers Application in this matter

Roger Hickman Big Rivers Electric Corporation

Order Entered: BREC's motion for limited rehearing of the August 6, 2020 Order denying confidential treatment to the projected capital and O&M costs associated with each of the projects in its 2020 Environmental Compliance Plan is denied.

Motion for Limited Rehearing regarding Order on Confidentiality

M. Evan Buckley Big Rivers Electric Corporation

Order Entered nunc pro tunc, that: 1. Ordering paragraph 15 on page 28 of the August 6, 2020 Order shall be revised to state as follows: “BREC shall, within 14 days of the date of this Order, file with the Commission the accounting entries made on its books to effectuate the creation of the regulatory assets.” 2. All other provisions of the August 6, 2020 Order that are not in conflict with the terms of this Order shall remain in full force and effect.

Order Entered: 1. BREC's April 13, 2020 petition for confidential protection is granted. 2. The designated materials in BREC's response to Staff's First Request, Items 3 and 7 shall not be placed in the public record or made available for public inspection for an indefinite period or until further Orders of this Commission. 3. The designated materials contained in BREC's response to Staff's First Request, Item 9, shall not be placed in the public record or made available for public inspection for five years or until further Orders of this Commission. 4. Use of the designated materials in any Commission proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 5. BREC shall inform the Commission if the designated materials become publicly available or no longer qualify for confidential treatment. 6. If a nonparty to this proceeding requests to inspect the designated materials granted confidential treatment by this Order and the period during which the materials have been granted confidential treatment has not expired, BREC shall have 30 days from receipt of written notice of the request to demonstrate that the materials still fall within the exclusions from disclosure requirements established in KRS 61.878. If BREC is unable to make such demonstration, the requested materials shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection.

Order Entered: 1. BREC's February 7, 2020 motion for confidential protection for is granted in part and denied in part. 2. BREC's request for confidential treatment for the designated material in the February 7, 2020 confidentiality motion, except for the information listed in the Appendix to this Order, is granted. 3. The materials for which BREC's request for confidential treatment has been granted shall remain confidential for an indefinite period except for the materials contained in Exhibit Smith-2, which shall remain confidential for five years from the date of this Order. 4. BREC's request for confidential treatment for the information listed in the Appendix to this Order is denied. The designated materials contained in the Appendix to this Order are not exempt from public disclosure and shall be placed in the public record and made available for public inspection. 5. If BREC objects to the Commission's determination that the requested information not be granted confidential treatment, it must seek either rehearing pursuant to KRS 278.400 or judicial review of this Order pursuant to KRS 278.410. Failure to exercise either of these statutory rights will be deemed as agreement with the Commission's determination of which materials should be granted confidential treatment.

Final Order Entered: 1. BREC's 2020 Environmental Compliance Plan is approved as described in its application with the exception of Project 13-2. 2. BREC's request to include Project 13-2 in its 2020 Environmental Compliance Plan is conditionally approved subject to the actual inclusion of legacy ponds, such as the Coleman Station ash ponds, as being subjected to the requirements of the CCR Rule or being subjected to the Kentucky Administrative Regulations for special waste facilities or forthcoming state regulations specifically applicable to disposal of CCR. 3. BREC's request for authority to recover the costs of its 2020 Environmental Compliance Plan through the existing Environmental Tariff is approved with the exception of Project 13-2. 4. BREC's request to recover the costs associated with Project 13-2 is conditionally approved subject to the actual inclusion of legacy ponds, such as the Coleman Station ash ponds, as being subjected to the requirements of the CCR Rule or being subjected to the Kentucky Administrative Regulations for special waste facilities or forthcoming state regulations specifically applicable to disposal of CCR. 5. BREC's request for a CPCN for Projects 12 and Project 13-1 is approved.

Order Entered: 1. BREC's May 4, 2020 petition for confidential protection is granted. 2. The designated materials shall not be placed in the public record or made available for public inspection for five years, or until further Orders of this Commission. 3. Use of the designated materials in any Commission proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 4. BREC shall inform the Commission if the designated materials become publicly available or no longer qualify for confidential treatment. 5. If a nonparty to this proceeding requests to inspect the designated materials granted confidential treatment by this Order and the period during which the materials have been granted confidential treatment has not expired, BREC shall have 30 days from receipt of written notice of the request to demonstrate that the materials still fall within the exclusions from disclosure requirements established in KRS 61.878. If BREC is unable to make such demonstration, the requested materials shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. 6. The Commission shall not make the designated materials available for inspection for 30 days following an Order finding that the materials no longer qualify for confidential treatment in order to allow BREC to seek a remedy afforded by law.

Request for a decision based on the existing record

Evan Buckley Big Rivers Electric Corporation

Big Rivers responses to Commission Staffs Second Request for Information dated April 21, 2020

Roger Hickman Big Rivers Electric Corporation

Data Request

Big Rivers Electric Corporations responses to the Public Service Commission Staffs First Request for Information

Tyson Kamuf Big Rivers Electric Corporation

Data Request

Kentucky Industrial Utility Customers (KIUC) Written Statement

Michael L.Kurtz Kentucky Industrial Utility Customers (KIUC)

Order Entered: 1. The 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 regulations, 807 KAR 5:001, Section 8, related to the service and electronic filing of documents. 4. KIUC shall adhere to the procedural schedule set forth in the Commission's March 3, 2020 Order and as amended by subsequent Orders. 5. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of entry of this Order, KIUC shall file a written statement1 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.

Order Entered: 1. BREC'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 Approval of its 2020 Environmental Compliance Plan, Authority to Recover Costs Through Revised Environmental Surcharge and Tariff, the Issuance of a Certificate of Public Convenience and Necessity for Certain Projects, and Appropriate Accounting and Other Relief."

Big Rivers Electric Corporation Motion to Convert Case to Electronic

Kentucky Industrial Utility Customers, Inc. Motion to Intervene

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed in this proceeding. 2. a. Responses to requests for information in paper medium shall be appropriately bound, tabbed, and indexed. Responses that are requir

No deficiency letter

Acknowledge Receipt of Filing

Big Rivers Electric Corporation Application for Approval of its 2020 Environmental Compliance Plan, Authority to Recover Costs Through a Revised Environmental Surcharge and Tariff, the Issuance of a Certificate of Public Convenience and Necessity for Certa

20191203_PSC Acknowledgement Letter.pdf

Acknowledge Receipt of Filing

Big Rivers Electric Corporation Notice of Intent to File Application for Approval of Its 2020 Environmental Compliance Plan

Big Rivers Electric Corporation Notice of Intent to File Application for Approval of Its 2020 Environmental Compliance Plan, Authority to Recover Costs through a Revised Environmental Surcharge and Tariff, the Issuance of a Certificate of Public Convenienc