Kentucky Public Service Commission

Final Order Entered: 1. BREC shall file its next IRP no later than September 29, 2023. 2. This case is closed and removed from the Commission’s docket.

Order Entered: 1. BREC’s September 21, 2020, March 19, 2021, and May 11, 2021 motions for confidential treatment are granted. 2. The information redacted from BREC’s IRP Figure 1.5 (also attached as Exhibit E), Sections 3.2, 8.1.1, and Table 8.4, Staff’s First Request, Items 1, 10, 13, 43, and 52, and Staff’s Second Request, Items 5, 19, 25, 26, and 28 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. The information redacted from BREC’s IRP Sections 3.7, 7.2, 8.2.2, 8.2.3, 8.3, Figures 8.2, 8.3, 8.4, Tables 6.2, 8.16, 8.2, 8.3, 8.5, 8.8, 8.9, 8.11, 8.12, 8.14, 8.15, and Appendices A, F, and G, Staff’s First Request, Items 20 and 62, Staff’s Second Request, Items 18, 25, and 28 and Attorney General’s Second Request, Item 7 shall not be placed in the public record or made available for public inspection for five years or until further Order of this Commission. 4. 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). 5. 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.

Big Rivers Response to the Staffs Report and Post-Hearing Comments

Tyson Kamuf Big Rivers Electric Corporation

Sierra Clubs Post Hearing Comments

Joe F. Childers Sierra Club

Big Rivers Responses to Post-Hearing Requests for Information

Tyson Kamuf Big Rivers Electric Corporation

20211209_PSC Notice of Filing Hearing Documents.pdf

Sierra Clubs Post-Hearing Requests for Information

Joe Childers Sierra Club

Data Request

Order Entered: 1. Post-hearing data requests, if any, shall be filed on or before December 1, 2021. 2. Responses to post-hearing data requests shall be filed on or before December 31, 2021. 3. Any party desiring to file comments regarding BREC’s 2020 Integrated Resource Planning Report or comments with respect to the Staff Report shall do so on or before January 31, 2022. 4. BREC shall file comments with respect to the Staff Report and in response to Intervenor comments on or before February 14, 2022.

Order Entered: Matthew Miller is admitted pro hac vice for the purpose of representing Intervenor Sierra Club in the above-styled proceeding, provided that Joe Childers or another member of the Kentucky Bar Association acts as co-counsel and is present at all proceedings before this Commission.

Order Entered: The Staff Report attached as an Appendix to this Order shall be entered into the record of this matter.

Order Entered: 1. BREC’s counsel and witnesses, including all persons that responded to requests for information, shall appear at the November 23, 2021 hearing virtually. 2. Each witness shall appear using a separate device with audio and video capabilities. 3. Commission Staff shall provide the parties with details for joining the hearing via video link.

Big Rivers IRP Hearing Notice Publication

Roger Hickman Big Rivers Electric Corporation

Motion to Admit Matthew Miller Pro Hac Vice

Joe Childers Sierra Club

Order Entered: 1. Sierra Club and the Attorney General’s motions are granted. 2. Sierra Club and the Attorney General may participate in the November 23, 2021 hearing in this matter via video conference.

Big Rivers motion for leave for witness to participate in hearing virtually

TYSON KAMUF Big Rivers Electric Corporation

OAGs Motion for Leave to Participate Virtually in Hearing

Larry Cook Kentucky Office of the Attorney General

Sierra Clubs Motion to Appear Virtually at Nov. 23 Hearing

Joe Childers Sierra Club

Substitution of Witnesses

Tyson Kamuf Big Rivers Electric Corporation

Order Entered: 1. Ordering paragraph 11 is added to the August 12, 2021 Order, and will contain the following language: A hearing in this matter shall be held on November 23, 2021, at 9 a.m. Eastern Standard Time, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 2. Counsel for each of the parties should file a motion requesting Commission approval for counsel or the party’s witnesses to participate virtually. 3. All provisions of the Commission’s August 12, 2021 Order that are not in conflict with the terms of this Order shall remain in effect.

Big Rivers Notice of Public Hearing and Request for Publication

Roger Hickman Big Rivers Electric Corporation

Notice of Withdrawal

Tyson Kamuf Big Rivers Electric Corporation

Big Rivers Response to the AG and Sierra Clubs Comments

Tyson Kamuf Big Rivers Electric Corporation

OAGs Comments

Larry Cook Kentucky Office of the Attorney General

Sierra Clubs Initial Comments on Big Rivers IRP

Joe F. Childers Sierra Club

Order Entered: 1. The procedural schedule established on January 12, 2021, is stricken and replaced by the procedural schedule set forth in the Appendix to this Order. 2. a. Electronic documents filed with the Commission in response to requests for information shall be in portable document format (PDF), shall be searchable, and shall be appropriately indexed and bookmarked. Each response shall include the name of the witness responsible for responding to the questions related to the information provided.

Big Rivers Responses to Supplemental Discovery dated April 16, 2021, and April 20, 2021

Roger Hickman Big Rivers Electric Corporation

Sierra Clubs Supplemental Request for Information

Joe F. Childers Sierra Club

OAGs Supplemental Data Requests

Lawrence W. Cook Office of the Attorney General

Data Request

Big Rivers Responses to Initial Information Requests

Roger Hickman Big Rivers Electric Corporation

Data Request

OAGs Initial Data Requests

Lawrence Cook Kentucky Attorney Generals Office

Sierra Clubs Initial Requests for Information to the Company

Joe F. Childers Sierra Club

Notice of Ability to Accept Electronic Communications

Joe F. Childers Sierra Club

Order Entered: 1. The motion of Sierra Club to intervene is granted. 2. Sierra Club 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. Sierra Club 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. Sierra Club shall adhere to the procedural schedule set forth in the Commission’s January 12, 2021 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, Sierra Club 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.

Motion to Intervene

Joe F. Childers Sierra Club

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed. 2. a. Responses to requests for information in paper medium shall be appropriately bound, tabbed and indexed, with the original and an electronic version to the Commission. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked. Each response shall include the name of the witness responsible for responding to the questions related to the information provided. 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. A party shall make timely amendment to any prior response if it obtains information that indicates the response was incorrect when made or, though correct when made, is now incorrect in any material respect.

Big Rivers Newspaper Publication of Notice of Filing

Roger Hickman Big Rivers Electric Corporation

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. 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.

Big Rivers 2020 Integrated Resource Plan with Appendices

Roger Hickman Big Rivers Electric Corporation

OAGs Motion to Intervene

Larry Cook Kentucky Attorney Generals Office

20200908_PSC Acknowledgment Letter.pdf

Big Rivers Electric Corporation Notice of Intent to File an Application for Its 2020 Integrated Resource Plan Using Electronic Filings Procedures