Kentucky Public Service Commission

Final Order Entered: 1.The findings contained in the Staff Report are adopted and incorporated by reference into this Order as if fully set out herein. 2.The water service rates proposed by Martin District are denied. 3.The rates outlined in Appendix B to this Order are approved for services rendered by Martin District on and after the date of this Order. 4.Within 20 days of the date of entry of this Order, Martin District shall file with this Commission, using the Commission’s electronic Tariff Filing System, new tariff sheets setting forth the rates and charges approved herein and their effective date, and stating that the rates and charges were authorized by this Order. 5.Martin District shall use the midpoint of the depreciable lives of the NARUC ranges, as proposed in the application and agreed upon by Staff, to depreciate water plant assets for accounting purposes in all future reporting periods. No adjustment to accumulated depreciation or retained earnings should be made to account for this change in the accounting estimate. 6.Martin District shall keep detailed records sufficient to calculate the actual cost to install customer taps going forward so that it may be used in a future rate proceeding. 7.Martin District shall prioritize, by whatever means practical and reasonable, replacing its meters with compliant and accurate meters.

Reply Brief

Brian Cumbo Martin County Water District

Post-hearing brief with exhibits

Mary Cromer Martin County Concerned Citizens, Inc.

Brief on behalf of Martin County Water District.

Brian Cumbo Martin County Water District

Notice of Filing Amended Excel Spreadsheets correcting errors on the previous filing regarding the Districts Response to question number 1 and question number 3 of PSCs Post Hearing Data Request dated September 27, 2021.

Brian Cumbo Martin County Water District

Response to Martin County Concerned Citizens Post Hearing Data Request

Brian Cumbo Martin County Water District

Notice of Filing Response to Public Service Commissions Post Hearing Data Request dated September 27, 2021.

Brian Cumbo Martin County Water District

20211004_PSC Notice of Filing Hearing Documents.pdf

Post-hearing data request

Mary Varson Cromer Martin County Concerned Citizens, Inc.

Data Request

Order Entered: 1. Post-hearing data requests, if any, shall be filed on or before September 27, 2021. 2. Responses to post-hearing data requests shall be filed on or before October 14, 2021. 3. Counsel shall file a memorandum brief in support of their post-hearing position on or before October 21, 2021. 4. Counsel shall file any response brief in support of their post-hearing position on or before October 29, 2021. 5. This case shall stand submitted for a decision by the Commission effective 12:01 a.m., October 30, 2021.

Notice of Filing Affidavit of Publication from the Mountain Citizen newspaper regarding the PSC hearing.

Brian Cumbo Martin County Water District

Witness Exhibit List

Mary Varson Cromer Martin County Concerned Citizens, Inc.

Notice of Filing Response to Commission Staffs Fourth Request for Information

Brian Cumbo Martin County Water District

Witness and Exhibit List

Brian Cumbo Martin County Water District

Letter to Mountain Citizen newspaper with Notice of PSC Hearing

Brian Cumbo Martin County Water District

Data Request

Direct Testimony of Roger Colton

Mary Cromer Martin County Concerned Citizens

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order, which is attached hereto and incorporated herein, shall be followed. 2. The hearing in this matter shall be rescheduled to September 24, 2021 at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. Commission Staff counsel will contact parties to provide information on witnesses participating via video conferencing technology. 3. Martin District 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 statement: “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.

Objection to Staff Report

Mary Varson Cromer Martin County Concerned Citizens, Inc.

Notice of Filing Response to Staff Report Dated August 11, 2021.

Brian Cumbo Martin County Water District

Response to Motion to Continue

Brian Cumbo Martin County Water District

Motion for a Continuance

Mary Varson Cromer Martin County Concerned Citizens Inc.

Order Entered: 1. A hearing in this matter shall be held on Monday, August 30, 2021 at 9 a.m. Eastern Daylight Time, and continued on Tuesday, August 31, 2021, at 9 a.m. and will conclude at or before 3:30 p.m. Eastern Daylight Time, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 2. Martin County Water District (Martin District) 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 statement: “This hearing will be streamed live and may be viewed on the PSC website, psc.ky.gov.” At the time the notice is mailed or publication is requested, Martin District 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.

Staff Report

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order, which is attached hereto and incorporated herein, shall be followed. 2. Commission Staff shall file with the Commission and serve upon all parties of record the Commission Staff Report no later than August 12, 2021. 3. No later than 14 days after the date of the filing of the Commission Staff Report, each party of record shall file with the Commission: a. Its written comments on and any objections to the findings contained in the Commission Staff Report; and b. Any additional evidence for the Commission to consider. 4. If Commission Staff finds that Martin District’s financial condition supports a higher rate than Martin District proposes or the assessment of an additional rate or charge not proposed in Martin District’s application, Martin District, in its response to the Commission Staff Report, shall also state its position in writing on whether the Commission should authorize the assessment of the higher rate or the additional rate or charge. 5. If Commission Staff finds that changes should be made to the manner in which Martin District accounts for the depreciation of Martin District’s assets, Martin District, in its response to the Commission Staff Report, shall also state its position in writing on whether the Commission should require Martin District to implement the proposed change for accounting purposes.

Notice of Filing Response to PSC Question Regarding Tap Installations

Brian Cumbo Martin County Water District

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order, which is attached hereto and incorporated herein, shall be followed.

Order Entered: 1. Martin District is authorized to place into effect the interim base rate increase, subject to refund, and the surcharge set forth in the Appendix to this Order, for service rendered on and after the date of this Order. 2. Martin District shall maintain its records in such a manner as will enable it, or the Commission, or any of Martin District’s customers, to determine the amounts to be refunded and to whom any refund is due in the event that a refund of any portion of the interim base rate increase is ordered by the Commission. 3. Should Martin District fail to comply with the terms and conditions of this Order, any, and all amounts collected as a result of the interim base rate increase granted hereunder shall be subject to refund, and both Martin District and the Board of Commissioners shall be subject to all applicable penalties under KRS 278.990.

Response to Martin County Concerned Citizens Second Data Request dated June 10, 2021.

Brian Cumbo Martin County Water District

Notice of Filing Xylem Dewatering Solutions, Inc.s Notice of Voluntary Dismissal of their Complaint filed against MCWD in the U.S. District Court, Eastern District of Kentucky

Brian Cumbo Martin County Water District

Responses to Commission Staffs Third Request for Information to MCWD dated June 9, 2021.

Brian Cumbo Martin County Water District

20210622_PSC Notice of Filing Hearing Documents.pdf

Motion for Extension of Time to Respond to Martin County Concerned Citizens Second Data Request.

Brian Cumbo Martin County Water District

Martin County Concerned Citizens Second Request for Information

Mary Varson Cromer Martin County Concerned Citizens Inc.

Data Request

Notice of Filing Complaint filed on May 27, 2021 in the U.S. District Court, Eastern District of Kentucky, by Xylem Dewatering Solutions, Inc. against Martin County Water District.

Brian Cumbo Martin County Water District

Response Brief on behalf of Martin County Water District.

Brian Cumbo Martin County Water District

Post-hearing brief

Mary Varson Cromer Martin County Concerned Citizens Inc.

Order Entered: 1. Martin County Concerned Citizens may file a memorandum brief in support of their respective post-hearing positions on or before June 1, 2021. 2. Martin County Water District may file a response brief on or before June 7, 2021. 3. This case shall stand submitted for a decision on the emergency rate by the Commission effective 12:01 a.m., Eastern Daylight Time, on June 8, 2021.

20210526_PSC Letter Filing Document into the Record.pdf

Notice of Filing Responses to PSCs Second Data Request Dated May 24, 2021.

Brian Cumbo Martin County Water District

Notice of Filing Exhibit #1, Alliance Water Resources, Inc. Operations Update Power Point to be utilized at PSC hearing on May 27, 2021.

Brian Cumbo Martin County Water District

Notice of Filing Affidavit of Publication from Mt. Citizen newspaper regarding notice of PSC Hearing.

Brian Cumbo Martin County Water District

20210525_PSC Letter Filing Document into the Record.pdf

Excel Spreadsheets (6).

Brian Cumbo Martin County Water District

Response to PSC First Data Request.

Brian Cumbo Martin County Water District

Response to Martin County Concerned Citizens First Data Request

Brian Cumbo Martin County Water District

Revisions to Rate Request Submittal.

Brian Cumbo Martin County Water District

Letter to Mt. Citizen newspaper with Notice of PSC hearing to publish.

Brian Cumbo Martin County Water District

First Set of Data Requests to Martin County Water District

Mary Varson Cromer Martin County Concerned Citizens Inc

Data Request

Written statement regarding receipt of electronic transmissions.

Mary Varson Cromer Martin County Concerned Citizens

Order Entered 1. Paragraph 12 of the Order is stricken and is replaced with the following language: A hearing in this matter shall be held on May 27, 2021, at 9 a.m. Eastern Daylight Time, via video conferencing link, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky, to take evidence for Martin District’s request for emergency rate relief. Martin District Commissioners, Jimmy Don Kerr and John Paul Hensley; General Manager, Craig Miller; and Director of Operations for Alliance Water Resources, James Anthony Sneed, shall appear virtually for the video conference. 2. All other provisions of the Commission’s April 14, 2021 Order that are not in conflict with the terms of this Order shall remain in effect.

Order Entered: 1. The motion of MCCC to intervene is granted. 2. MCCC 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. MCCC 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. MCCC shall adhere to the procedural schedule set forth in the Commission’s April 14, 2021 Order and as amended by subsequent Orders.

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order, which is attached hereto and incorporated herein, shall be followed. 2. a. Responses to requests for information shall be appropriately bound, tabbed and indexed, with the original and an electronic version to the Commission. The Commission expects the original documents to be filed with the Commission within 30 days of the lifting of the current state of emergency. 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.

Entry of Appearance on behalf of Martin County Water District.

Brian Cumbo Martin County Water District

20210408_PSC No Deficiency Letter.pdf

Alternate Rate Filing packet for The Martin County Water District

Craig Charles Miller Martin County Water District

Motion to Intervene

Mary Varson Cromer Martin County Concerned Citizens

20210402_PSC Acknowledgment Letter.pdf

Martin County Water District Notice of Intent to File an Application for an Alternative Rate Adjustment Using Electronic Filing Procedures