Kentucky Public Service Commission

Order Entered: 1. Kenergy's September 3, 2020 and October 8, 2020 petitions are granted, 2. Kenergy's August 31, 2020, September 2, 2020, and September 18, 2020 petitions are granted in part and denied in part. 3. The designated materials contained in Item 4c of Kenergy's Response to Staff's First Request, Items 6a and 6c of Kenergy's Response to the Attorney General's first Request, and answers to questions 6, 9, 12, 13, and 15 in the Supplemental Testimony of Jeffery Hohn are not exempt from public disclosure and shall be placed in the public record and made available for public inspection. 4. If Kenergy objects to the Commission's determination that the requested information not be granted confidential treatment, it must seek either a 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. 5. Within 30 days of the date of service of this Order, Kenergy shall file a revised version of Item 4c of Kenergy's Response to Staff's First Request, Items 6a and 6c of Kenergy's Response to the Attorney General's first Request, and answers to questions 6, 9, 12, 13, and 15 in the Supplemental Testimony of Jeffery Hohn for which confidential treatment was denied,

Order Entered: 1. Kenergy's motion for confidential protection for the testimony of Jonathan Chambers and the documents incorporated therein is granted in part and denied in part. 2. Kenergy's request for confidential treatment for Exhibit A and Exhibit B to Jonathan Chambers's testimony is granted. 3. Kenergy's request for confidential treatment for Jonathan Chambers's testimony is denied. 4. The designated information contained in Exhibit A and Exhibit B to Jonathon Chambers's testimony shall not be placed in the public record or made available for public inspection for five years or until further Order of this Commission. 5. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall be in compliance with 807 KAR 5:001, Section 13(9).

Final Order Entered: 1. Kenergy's July 17, 2020 application is granted in part and denied in part. 2. Kenergy's request for a waiver of KRS 278.2201, only to the extent required to make a one-time $3 million capital investment in Kenect, is granted. 3. In the event Kenect decides not to pursue the fiber network project, Kenergy shall effectuate a return of the $3 million capital investment from Kenect. 4. Kenergy's request for a waiver of KRS 278.2213(14) is denied. 5. This Order does not provide any additional waiver or deviation from the requirements of any statute or Commission regulation to Kenergy except those expressly stated herein. 6. This Order in no way affects the authority of the Commission over rates, services, or any matters whatsoever subject to the Commission's jurisdiction that may come before it, nor shall anything herein be construed as acquiescence in any matter claimed or asserted. The Commission retains jurisdiction over this subject matter and Kenergy to effectuate the provisions of this Order. 7. This case is closed and removed from the Commission's docket.

OAGs Brief

J. Michael West Office of the Attorney General

Kenergy Corp.s Brief

j CHRISTOPHER HOPGOOD Kenergy Corp.

Fourth Petition for Order Issuing Kenergy Crp. Confidential Protection

j CHRISTOPHER HOPGOOD Kenergy Corp.

Second Supplemental Responses to Commissions Staffs First Request for Information

j CHRISTOPHER HOPGOOD Kenergy Corp.

Public Comments

James W. Gardner Kentucky Broadband and Cable Association

OAGs Notice Regarding Hearing

J. Michael West Office of the Attorney General

Waiver of Formal Evidentiary Hearing

j CHRISTOPHER HOPGOOD Kenergy Corp.

Order Entered: 1. Kenergy's motion to reinstate procedural schedule is denied. 2. No later than October 1, 2020, parties may file a request for a hearing. 3. No later than October 8, 2020, parties may submit simultaneous Briefs on the issues, accompanied by a request for a decision based on the record. 4. Parties shall follow the procedural schedule established in this Order.

Motion to Reinstate Procedural Schedule

J CHRISTOPHER HOPGOOD Kenergy Corp.

Public Supplemental Testimony of Jeff Hohn

J CHRISTOPHER HOPGOOD Kenergy Corp.

Third Petition for Confidential Treatment

J CHRISTOPHER HOPGOOD Kenergy Corp.

Responses to Attorney Generals 2nd Data Requests

J CHRISTOPHER HOPGOOD Kenergy Corp.

Testimony of Jonathan Chambers

JCHRISTOPHER HOPGOOD Kenergy Corp.

Joint Petition for Confidentiality of Testimony of Jonathan Chambers

J CHRISTOPHER HOPGOOD Kenergy Corp.

Order Entered: 1. Kenergy's motion for leave to file direct testimony is granted. 2. The direct testimony of Leslye Krampe filed with the Commission on August 28, 2020, is admitted into the record of this proceeding. 3. Kenergy shall file additional direct testimony in support of its application. 4. The procedural schedule established by the Commission's August 5, 2020 Order is suspended.

20200914_PSC IC Memo.pdf

Motions Regarding Testinony

j CHRISTOPHER HOPGOOD Kenergy Corp.

Order Entered: 1. The informal conference will be held by videoconference on Friday, September 11, 2020, at 9:30 a.m. Eastern Daylight Time. 2. The procedural schedule established by an Order entered on August 5, 2020, is held in abeyance pending further Order by the Commission. 3. Commission Staff shall contact participants by electronic mail to provide details for joining the videoconference.

OAGs Supplemental Data Requests

J. Michael West Office of the Attorney General

Supplemental Response to Attorney Generals Data Requests

J CHRISTOPHER HOPGOOD Kenergy Corp.

Second Supplemental Petition for Confidential Treatment

J CHRISTOPHER HOPGOOD Kenergy Corp.

Supplemental Petition for Confidential Treatment

Supplemental Petition for Confidential Treatment Kenergy Corp.

Supplemental Response to Staff Data Requests

J CHRISTOPHER HOPGOOD Kenergy Corp.

Motion for Informal Conference

J CHRISTOPHER HOPGOOD Kenergy Corp.

Petition for Confidentiality

j CHRISTOPHER HOPGOOD Kenergy Corp.

Responses to Attorney Generals Data Requests

j CHRISTOPHER HOPGOOD Kenergy Corp.

Response to Staffs Data Requests

j CHRISTOPHER HOPGOOD Kenergy Corp.

Testimony of Leslye Krampe

J Christopher Hopgood Kenergy, Corp.

OAGs First Set of Data Requests

J. Michael West Office of the Attorney General

Data Request

Hancock County Industrial Foundation Public Comment

Patricia S. Yates Public Comment

Order Entered: 1. The motion of the Attorney General to intervene is granted. 2. The Attorney General 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.The Attorney General 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. The Attorney General shall adhere to the procedural schedule set forth in the Commission's August 5, 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, the Attorney General 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.

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 be appropriately bound, tabbed, and indexed, with the original in paper medium and an electronic version to the Commission. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked. b. Each response shall be answered under oath, or for representatives of a public or private corporation or a partnership or an 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 t indicates 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.

OAG Motion to Intervene

J. Michael West Office of the Attorney General

Kenergy Application and testimony

J. Christopher Hopgood Kenergy Corp.

20200701_PSC Acknowledgment Letter.pdf

Kenergy Corp. Notice of Intent to File an Application for Approval of a Wavier pursuant to KRS 278.2219 Using Electronic Filing Procedures