Kentucky Public Service Commission

Order Entered: 1. This case is reopened for the limited purpose of addressing EKPC’s motion. 2. EKPC’s motion to revise the annual filing date for the PJM report is granted. 3. Ordering paragraph 10 of the September 30, 2021 Order is stricken and replaced with the following: EKPC’s request to be relieved of reporting requirements established in Case No. 2012-00169 is denied. EKPC’s reporting requirement its PJM membership is modified as set forth above. Beginning in 2022, EKPC shall file a report by July 31 each year identifying benefits and costs that accrue from its PJM membership and comparing them to benefits and costs if EKPC left PJM. 4. All other provisions of the September 30, 2021 Order not in conflict with this Order remain in full force and effect. 5. This case is closed and removed from the Commission’s docket.

Motion to Reopen Docket For Limited Purpose of Changing Due Date of Annual PJM Report

David S. Samford East Kentucky Power Cooperative, Inc.

Final Order Entered: 1. The rates and charges proposed by EKPC are denied. 2. The provisions in the Settlement, as set forth in Appendix A to this Order, are approved subject to the adjustments approved in this Order. 3. The rates and charges for EKPC, as set forth in Appendix B to this Order, are fair, just and reasonable rates for EKPC, and are approved for service rendered on and after October 1, 2021. 4. EKPC is authorized to amortize the Smith 1, Dale ES Projects 5 and 10, Dale Asbestos ARO, and Spurlock Maintenance regulatory assets as set forth in this Order. 5. EKPC is authorized to establish a Generation Maintenance Tracker as outlined in the Settlement, but, as a term of the establishment of the tracker, EKPC shall establish a separate regulatory asset account to record the annual entries. The Commission reserves the right to review the generation maintenance expenses that are eligible for this mechanism upon such time that EKPC requests to amortize the regulatory asset or regulatory liability in its next base rate case. 6. The earnings mechanism outlined in the Settlement is approved as filed. EKPC shall file its first annual filing no later than April 30. The Commission will initiate a proceeding at that time to review the reasonableness and determine a reasonable frequency for a bill credit and how the bill credits will be applied to customer accounts.

Order Entered: 1. EKPC’s May 28, 2021 motion for confidential treatment is granted in part and denied in part. 2. EKPC’s May 28, 2021 request for confidential treatment for its responses to Staff’s Second Request, Item 31 (b); Attorney General/Nucor’s First Request, Items 7, 16, 36(b), 39(b), and 72(c); Nucor’s First Request, Items 1, 7(c), and 10; and AppHarvest’s First Request, Item 1(e)(1) is granted. 3. EKPC’s May 28, 2021 request for confidential treatment for its response to Staff’s Second Request, Item 42(a), is denied. 4. EKPC’s June 16, 2021 motion for confidential treatment is granted. 5. EKPC’s June 28, 2021 motion for confidential treatment is granted. 6. EKPC’s August 18, 2021 motion for confidential treatment is granted. 7. The designated material in the May 28, 2021 and June 16, 2021 motions 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. 8. The designated material in the June 28, 2021 and August 18, 2021 motions granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for ten years or until further Order of this Commission. 9. 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).

EKPCs Response to Post-Hearing DR2 dated 08-25-2021

Patrick C. Woods East Kentucky Power

Brief in Support of Settlement

M Todd Osterloh AppHarvest Morehead Farm, LLC

Data Request

20210824_PSC Notice of Filing Hearing Documents - August 3, 2021.pdf

20210824_PSC Notice of Filing Hearing Documents - August 4, 2021.pdf

Post-Hearing Brief of OAG and Nucor

J. Michael West Office of the Attorney General

East Kentucky Power Cooperative, Inc.s Brief

David S. Samford East Kentucky Power Cooperative, Inc.

EKPCs Responses to Staffs Post-Hearing Requests dated 08-18-2021

Patrick C. Woods East Kentucky Power Cooperative, Inc.

Response to PSC DR1 39c (Final Monthly Update)

Patrick C. Woods East Kentucky Power Cooperative, Inc.

Data Request

Order Entered: 1. Post-hearing data requests, if any, shall be filed on or before August 6, 2021. 2. Responses to post-hearing data requests shall be filed on or before August 18, 2021. 3. Counsel for the respective parties shall file a memorandum brief on or before August 25, 2021 4. This case shall stand submitted for a decision by the Commission effective 12:01 a.m., August 26, 2021.

Order Entered: 1. AppHarvest Morehead’s motion is granted in part and denied in part. 2. AppHarvest Morehead’s motion to permit Ms. Kelly to testify virtually at the August 3–5, 2021 hearing is granted. 3. AppHarvest Morehead’s motion to excuse Ms. Kelly from testifying at the August 3–5, 2021 hearing is denied. 4. Commission Staff will contact counsel for AppHarvest Morehead to provide instructions for Ms. Kelly’s participation at the hearing by videoconference.

Motion to Excuse Witness or Testify Virtually

James W. Gardner AppHarvest Morehead Farm, LLC

Order Entered: 1. Nucor’s motion for Ms. Waddell to testify by videoconference at the August 3–5, 2021 hearing is granted. 2. Commission Staff will contact Nucor to provide instructions for Ms. Waddell’s participation at the hearing by videoconference.

Joint Stipulation and Settlement Agreement dated 07-29-2021

Patrick C. Woods East Kentucky Power

MOTION FOR PERMISSION TO TESTIFY VIRTUALLY BY NUCOR STEEL GALLATIN, LLC

Michael L Kurtz Nucor Steel Gallatin

Order Entered: 1. Nucor’s motion for Mr. Baron to testify by videoconference at the August 3–5, 2021 hearing is granted. 2. Commission Staff will contact Nucor to provide instructions for Mr. Baron’s participation at the hearing by videoconference.

Proof of Hearing Notice Publication

Patrick C. Woods East Kentucky Power Cooperative, Inc.

Rebuttal testimony and Excel Spreadsheet

Patrick C. Woods East Kentucky Power Cooperative, Inc.

Rebuttal Testimony

Patrick C. Woods East Kentucky Power Cooperative, Inc.

NUCOR STEEL GALLATIN’s MOTION FOR PERMISSION TO TESTIFY VIRTUALLY

Michael L Kurtz Nucor Steel Gallatin

AppHarvest Morehead Farm, LLCs Responses to Commission Staffs Requests for Information No. 1

M. Todd Osterloh AppHarvest Morehead Farm, LLC

AppHarvest Morehead Farm, LLCs Responses to Requests for Information Nos. 1-17 by East Kentucky Power Cooperative, Inc.

M. Todd Osterloh AppHarvest Morehead Farm, LLC

EKPCs monthly update to PSC Requests

Patrick C. Woods East Kentucky Power Cooperative, Inc.

OAG and Nucor Updated Response to First DRs of EKPC

J. Michael West Office of the Attorney General

RESPONSES OF NUCOR STEEL GALLATIN TO EAST KENTUCKY POWER COOPERATIVE, INC’s INITIAL DATA REQUESTS and COMMISSION STAFF’S FIRST REQUEST FOR INFORMATION

Michael L. Kurtz Nucor Steel Gallatin

OAG and Nucor Response to EKPC DRs

J. Michael West Office of the Attorney General

Responses to Data Requests of PSC Staff

J. Michael West Office of the Attorney General

EKPCs Data Request to AppHarvest dated July 15, 2021.

Patrick C. Woods East Kentucky Power

Data Request

First Request For Information to Nucor

Patrick C. Woods East Kentucky Power Cooperative, Inc.

First Request for Information

Patrick C. Woods East Kentucky Power Cooperative, Inc.

Data Request

Data Request

Order Entered: 1. EKPC’s motion for an in person hearing is granted. 2. East Kentucky Power Cooperative, Inc. (EKPC) 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, EKPC shall forward a duplicate of the notice and request to the Commission.

Motion for In-Person Hearing

David S. Samford East Kentucky Power Cooperative, Inc.

Nucor Steel Gallatins Corrected Direct Testimony of Cathy Waddell

Michael L. Kurtz Nucor Steel Gallatin

Direct Testimony of Suedeen G. Kelly

M. Todd Osterloh AppHarvest Morehead Farm, LLC

NUCOR STEEL GALLATIN’s DIRECT TESTIMONY AND EXHIBITS of STEPHEN J. BARON, BARRY J. KORNSTEIN and CATHY WADDELL

Michael L. Kurtz Nucor Steel Gallatin

Testimony of Lane Kollen

J. Michael West Office of the Attorney General

EKPCs Responses to AppHarvest - DR2 dated 06-16-2021

Patrick C. Woods East Kentucky Power Cooperative, Inc.

Response to PSC DR3 Request #2 - Appendix 2 pages 82-118

Patrick C. Woods East Kentucky Power Cooperative, Inc.

Response to PSC DR3 Request #2 - Appendix 2 pages 41-81

Patrick C. Woods East Kentucky Power Cooperative, Inc.

Appendix 2 of Response #2 to DR3 of the PSC dated 06-28-2021

Patrick C. Woods East Kentucky Power Cooperative, Inc.

EKPCs responses to PSC-DR3 dated June 15, 2021

Patrick C. Woods East Kentucky Power Cooperative, Inc.

Corrected Response to AG/Nucor Supplemental Information Requests

David S. Samford East Kentucky Power Cooperative, Inc.

EKPCs Monthly Updates to PSC DR1-39c and PSC DR2 -15 16

Patrick C. Woods East Kentucky Power Cooperative, Inc

AppHarvest Morehead Farm, LLCs Supplemental Request for Information to East Kentucky Power Cooperative, LLC

M. Todd Osterloh AppHarvest Morehead Farm, LLC

Motion for Confidential Treatment dated 06-16-2021

Patick C. Woods East Kentucky Power Cooperative, Inc.

EKPCs Response to Nucors DR2 dated June 4, 2016

Patick C. Woods East Kentucky Power Cooperative, Inc.

EKPCs Responses to AG Nucor DR2 dated June 4, 2021

Patick C. Woods East Kentucky Power Cooperative, Inc.

Data Request

OAG and Nucors Supplemental Data Requests

J. Michael West Office of the Attorney General

Nucor Steel Gallatins Supplemental Set of Data Requests to East Kentucky Power Cooperative

Michael L. Kurtz Nucor Steel Gallatin

Notice of filing corrected confidential information.

Patick C. Woods East Kentucky Power Cooperative, Inc.

EKPCs Responses to AppHarvest DR1 dated 05-14-2021

Patick C. Woods East Kentucky Power Cooperative, Inc.

EKPCs Responses to Nucor DR1 dated 05-14-2021

Patick C. Woods East Kentucky Power Coopertive, Inc.

EKPCs Excel Supporting Documents to AG-Nucor DR1 dated 05-14-2021

Patick C. Woods East Kentucky Power Coopertive, Inc.

EKPCs Response to AG-Nicor DR1 #40 dated 05-14-2021

Patick C. Woods East Kentucky Power Coopertive, Inc.

EKPCs Responses to AG-Nucor DR1 dated 05-14-2021

Patick C. Woods

EKPCs Reponses to PSC DR2 dated 05-12-2021

Patick C. Woods East Kentucky Power Coopertive, Inc.

Order Entered: EKPC’s motion for rehearing is denied.

EKPC response to PSC DR1 #39c and corrections to Application Exhibits 6 and 7

Patrick C. Woods East Kentucky Power Cooperative, Inc

Reply in Support of Motion for Rehearing

David S. Samford East Kentucky Power Cooperative, Inc.

Order Entered: 1. EKPC’s motions for confidential treatment are 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 ten 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. EKPC shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

AppHarvest Morehead Request for Information to EKPC

M Todd Osterloh AppHarvest Morehead Farm, LLC

Response to EKPC Motion for Rehearing

M Todd Osterloh AppHarvest Morehead Farm, LLC

NUCOR STEEL GALLATIN’s FIRST SET OF DATA REQUESTS TO EAST KENTUCKY POWER COOPERATIVE, INC.

Michael Kurtz Nucor Steel Gallatin

First Set of Data Requests to EKPC

J. Michael West Office of the Attorney General

Data Request

Proof of mailing customer notice

David S. Samford EKPC

Motion for Rehearing (Corrected to Include Exhibit 1)

David S. Samford East Kentucky Power Cooperative, Inc.

Motion for Rehearing

David S. Samford East Kentucky Power Cooperative, Inc.

Response to Commissions Order Dated April 27, 2021

M Todd Osterloh AppHarvest Morehead Farm, LLC

Order Entered: 1. A hearing in this matter shall be held on Tuesday, August 3, 2021, at 9 a.m. Eastern Daylight Time, and continued on Wednesday, August 4, 2021, and Thursday, August 5, 2021. Commission Staff will contact participants by electronic mail to provide details for joining the hearing if it is held by video link. 2. The Commission reserves the right to schedule an in person hearing. 3. East Kentucky Power Cooperative, Inc. (EKPC) 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, EKPC shall forward a duplicate of the notice and request to the Commission.

Order Entered: 1. The motion of AppHarvest to intervene is granted. 2. AppHarvest 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. AppHarvest 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. AppHarvest shall adhere to the procedural schedule set forth in the Commission’s April 13, 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, AppHarvest 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

M Todd Osterloh AppHarvest Morehead Farm, LLC

Notice of Expert Witness Expense Sharing

J. Michael West Office of the Attorney General

Order Entered: Nucor and the Attorney General’s joint motion to amend the procedural schedule is denied.

Order Entered: Nucor and the Attorney General shall file a copy of their agreement regarding their joint participation in this matter with the Commission within seven days of entering into the agreement.

Excel Spreadsheets to PSC DR1 dated 03-04-2021 as filed 04-15-2021

Patrick C. Woods East Kentucky Power

Excel Spreadsheets to PSC DR1 dated 03-04-2021 as filed 04-15-2021

Patrick C. Woods East Kentucky Power

Excel Spreadsheets for PSC DR1 dated 03-04-2021 as filed 04-15-2021

Patrick C. Woods East Kentucky Power

EKPCs responses to Staffs Request for Information dated 03-04-2021.

Patrick C. Woods East Kentucky Power

Joint Motion to Amend Procedural Schedule of the Attorney General and Nucor Steel Gallatin

Michael L. Kurtz Attorney General and Nucor Steel Gallatin

Order Entered: 1. EKPC’s proposed rates are suspended for five months, up to and including October 5, 2021. 2. The procedural schedule set forth in the Appendix to this Order shall be followed. 3. 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.

20210407_PSC Deficiency Cured Letter.pdf

Notice of Filing of Supplemental Customer Notice

David S. Samford East Kentucky Power Cooperative, Inc.

20210405_PSC Deficiency Letter.pdf

Application and Motion for Confidential Treatment

David S. Samford East Kentucky Power Cooperative, Inc.

Written Statement of Nucor Steel Gallatin

Michael L. Kurtz Nucor Steel Gallatin

Order Entered: 1. The motion of Nucor to intervene is granted. 2. Nucor 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. Nucor 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, Nucor shall file a written statement with the Commission

Nucor Steel Gallatins Motion to Intervene

Michael L. Kurtz Nucor Steel Gallatin

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.

Data Request

OAGs Motion to Intervene

J. Michael West Office of the Attorney General

Notice of Intent

David S. Samford East Kentucky Power Cooperative, Inc.

20210225_PSC Acknowledgment Letter.pdf

East Kentucky Power Cooperative, Inc. Notice of Intent to File an Application for a General Adjustment of Rates, Approval of Depreciation Study, Amortization of Certain Regulatory Assets, and Other General Relief Using Electronic Filing Procedures