Kentucky Public Service Commission

Reply Brief

L. Allyson Honaker Columbia Gas of Kentucky, Inc.

Post-Hearing Brief of Xoom Energy Kentucky, LLC, Interstate Gas Supply, Inc. d/b/a IGS Energy and Constellation New Energy Gas Division, LLC

Matthew R. Malone Interstate Gas Supply, Inc., Constellation New Energy Gas Division, LLC and Xoom Energy Kentucky, LLC

Notice of Withdraw of Counsel for XOOM

Matthew Malone Interstate Gas Supply, Inc and Constellation New Energy - Gas Division, LLC

Post-Hearing Brief

L. Allyson Honaker Columbia Gas of Kentucky, Inc.

20230913_PSC Notice of Filing Hearing Documents.pdf

Supplemental Response to Commissions Post-Hearing Data Request

Judy Cooper

Responses to Post-Hearing Data Requests

L. Allyson Honaker Columbia Gas of Kentucky, Inc.

Response of Interstate Gas Supply, Inc. and Constellation New Energy, Gas Division, LLC to the Commission Staffs Post-Hearing Request for Information Dated July 28, 2023

Matthew R. Malone Interstate Gas Supply, Inc., Constellation New Energy - Gas Division, LLC

Responses to Staffs Post-Hearing Data Requests

Kathleen E Grogan XOOM Energy Kentucky, LLC

Data Request

Post Hearing DR

Matthew Malone Interstate Gas Supply, Inc and Constellation New Energy - Gas Division, LLC

Data Request

Data Request

Data Request

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before August 4, 2023. 2. Responses to post-hearing requests for information shall be filed on or before August 18, 2023. 3. Counsel for Columbia Gas of Kentucky, Inc. (Columbia Kentucky) shall file a memorandum brief in support of Columbia Kentucky’s post-hearing position on or before September 29, 2023. 4. Counsel for Interstate Gas Supply and Constellation New Energy, Gas Division, LLC (collectively, Joint Intervenors); and XOOM Energy Kentucky, LLC (XOOM) shall file their respective briefs in response to Columbia Kentucky’s memorandum brief on or before October 18, 2023. 5. Counsel for Columbia Kentucky shall file a brief in reply to Joint Intervenors’ and XOOM’s respective response briefs on or before November 3, 2023. 6. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time, November 4, 2023.

Proof of Publication of Hearing Notice

L. Allyson Honaker Columbia Gas of Kentucky, Inc.

Motion for Deviation

L. Allyson Honaker Columbia Gas of Kentucky, Inc.

Request for Hearing Notice Publication

L. Allyson Honaker Columbia Gas of Kentucky, Inc.

Notice of Substitution of Counsel

Dennis G. Howard II Xoom Energy Kentucky, LLC

Columbia Gas of Kentuckys Response to Commission Staffs Third Request for Information

John R Ryan Columbia Gas of Kentucky

Order Entered: 1. At the hearing in this matter to be held on July 26, 2023, at 9 a.m. Eastern Daylight Time and continuing until called from the bench by the presiding officer, Columbia Gas of Kentucky, Inc. (Columbia Kentucky) shall present to the Commission a demonstration of its website that will thoroughly illustrate: a. How a CHOICE and a non-CHOICE customer access paperless billing and locate information concerning the price each is paying for natural gas and who is providing the natural gas. b. The tools and information on Columbia Kentucky’s website available to customers interested in enrolling in the CHOICE program. c. The steps a customer must use to access CHOICE marketer pricing information and how the customer would calculate example bills to compare Columbia Kentucky’s commodity sales rates to marketer rates. 2. Parties shall have the opportunity to present direct testimony concerning their position in this matter. 3. Witnesses who sponsor schedules, testimony, or responses to requests for information shall participate in person at the July 26, 2023 hearing. 4. Columbia Kentucky shall give notice of the hearing in compliance with 807 KAR 5:001, Section 9(2)(b).

Data Request

Order Entered: 1. A hearing in this matter shall be held on July 26, 2023, 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. 2. Pursuant to 807 KAR 5:001E, Section 2, if the hearing is not concluded on the designated day, the hearing shall be continued upon verbal announcement by the presiding officer. A verbal announcement made by the presiding officer shall be proper notice of the continued hearing. 3. Witnesses who sponsor schedules, testimony, or responses to requests for information shall participate in person at any hearing scheduled in this matter. 4. Columbia Gas of Kentucky, Inc. (Columbia Kentucky) shall give notice of the hearing in compliance with 807 KAR 5:001E, Section 9(2)(b).

Order Entered: 1. A hearing in this matter shall be held on July 5, 2023, at 9 a.m. Eastern Daylight Time and continuing until called from the bench by the presiding officer, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 2. Pursuant to 807 KAR 5:001E, Section 2, if the hearing is not concluded on the designated day, the hearing may be continued upon verbal announcement by the presiding officer. A verbal announcement made by the presiding officer shall be proper notice of the continued hearing. 3. Witnesses who sponsor schedules, testimony, or responses to requests for information shall participate in person at the July 5, 2023 hearing. 4. Columbia Gas of Kentucky, Inc. (Columbia Kentucky) shall give notice of the hearing in compliance with 807 KAR 5:001E, 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.

Order Entered: 1. Columbia Kentucky’s motion to re-open this proceeding is granted. 2. The Commission shall set a hearing date by separate Order. 3. Columbia Kentucky’s motion to withdraw its September 30, 2021 tariff filing is denied. 4. Columbia Kentucky’s motion to temporarily extend the CHOICE program until July 31, 2024, is denied. 5. Columbia Kentucky’s CHOICE program remains extended under its current terms and conditions until the final Order in this proceeding.

Reply to Joint Intervenor Response

Judy Cooper Columbia Gas of Kentucky, Inc.

Response to Columbia Gas of Kentucky, Inc.s Motion to Reopen the above-case on behalf of Interstate Gas Supply, Inc., Constellation New Energy - Gas Division, LLC, and Xoom Energy of Kentucky, LLC

Matthew R. Malone Interstate Gas Supply, Inc., Constellation New Energy - Gas Division, LLC and Xoom Energy Kentucky, LLC

Response to Final Order and Motions

Judy Cooper Columbia Gas of Kentucky, Inc.

Final Order Entered: 1. Columbia Kentucky’s motion for leave to file testimony in support of the Settlement is granted. 2. The testimony of Judy Cooper filed September 27, 2022, is admitted into the record of this proceeding. 3. The testimony of Travis Kavulla filed September 28, 2022, is admitted into the record of this proceeding. 4. The Settlement and the Addendum, attached to this Order as Appendix A and Appendix B respectively, are accepted with the modifications as set forth in this Order. 5. Columbia Kentucky shall continue to file CHOICE program annual reports on or before June 1?? of each year; these reports shall be filed into the post-case correspondence file of this proceeding. 6. This case is closed and removed from the Commission’s docket.

Affidavits of Counsel in Support of Settlement Agreement/Addendum

John Ryan Columbia Gas of Kentucky

Affidavits of Counsel in Support of Settlement Agreement/Addendum

Pierce Stevenson Xoom Energy Kentucky, LLC

Affidavit of Counsel in Support of Settlement Agreement/Addendum

Matthew Malone Interstate Gas Supply, Inc and Constellation New Energy - Gas Division, LLC

Addendum to Joint Stipulation and Settlement Agreement

L. Allyson Honaker Columbia Gas of Kentucky, Inc.

20221103_PSC Notice of Filing Hearing Documents.pdf

Witness Verification

Pierce Stevenson Xoom Energy Kentucky, LLC

Columbias Response to Commission Staffs Post-Hearing Request for Information

John Ryan Columbia Gas of Kentucky

Response to Commission Staff Post Hearing Request for Information

Pierce Stevenson Xoom Energy Kentucky, LLC

Responses to Staff Post-Hearing Data Requests

Matthew Malone Interstate Gas Supply, Inc and Constellation New Energy - Gas Division, LLC

Joint Intervenors Submission of Revised Testimony and Exhibits of J Crist

Pierce Stevenson Interstate Gas Supply; Constellation New Energy, Gas Division; and Xoom Energy Kentucky

Data Request

Data Request

Data Request

Data Request

Order Entered: 1. Post-hearing data requests, if any, shall be filed on or before October 7, 2022. 2. Responses to post-hearing data requests shall be filed on or before October 21, 2022.

Proof of Publication and Mailing of Hearing Notice

L. Allyson Honaker Columbia Gas of Kentucky, Inc.

Letter addressing testimony in support

Matthew Malone Interstate Gas Supply, Inc and Constellation New Energy - Gas Division, LLC

Testimony in support of settlement

Gregory T. Dutton Xoom Energy Kentucky

Supplemental Testimony in Support of Stipulation

Judy Cooper

copy of request to publish notice of hearing

Judy Cooper

Notice of Filing Revised Direct Testimony of Travis Kavulla

Pierce Stevenson Xoom Energy Kentucky, LLC

Joint Stipulation and Settlement Agreement

John Ryan Columbia Gas of Kentucky

Order Entered: 1. The case record of Case No. 2020-00402 is incorporated by reference into the case record of Case No. 2021-00386. 2. Case No. 2020-00402 is closed and removed from the Commission’s docket.

Notice of Substitution of Counsel

L. Allyson Honaker Columbia Gas of Kentucky, Inc.

Order Entered nunc pro tunc, that: 1. All references to June 15, 2022 are stricken and are replaced with June 14, 2022. 2. All other provisions of the Commission’s June 10, 2022 Order that are not in conflict with the terms of this Order shall remain in effect.

Order Entered: 1. XOOM’s motion is granted. 2. The hearing scheduled for June 15, 2022, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky is canceled. 3. A hearing in this matter shall be held on September 29, 2022, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room at the offices of the Public Service Commission. 4. Columbia Kentucky 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, Columbia Kentucky shall forward a duplicate of the notice and request to the Commission 5. The September 29, 2022 hearing shall be recorded by digital video recording only.

Motion for Continuance of Hearing and for Expedited Consideration

Pierce Stevenson Xoom Energy Kentucky, LLC

Witness List

Pierce Stevenson Xoom Energy Kentucky, LLC

Witness List of Columbia Gas of Kentucky, Inc.

John Ryan Columbia Gas of Kentucky

Witness List

Matthew Malone Interstate Gas Supply, Inc and Constellation New Energy - Gas Division, LLC

Report required in Ordering paragraph 6 of 12/7/2021 Order

Judy Cooper

Order Entered: 1. Joint Movants’ 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 five 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. Joint Movants shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Order Entered: 1. A hearing in this matter shall be held on June 14, 2022, 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. 2. Parties shall file a witness list on or before June 3, 2022. 3. Columbia Gas of Kentucky, Inc. (Columbia Kentucky) 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, Columbia Kentucky shall forward a duplicate of the notice and request to the Commission. 4. Pursuant to KRS 278.360 and 807 KAR 5:001, Section 9(9), a digital video transcript shall be made of the hearing.

Request for Hearing

Gregory T. Dutton Xoom Energy Kentucky

Request for Public Hearing

Matthew R. Malone IGS and Constellation New Energy - Gas Division

Motion for a Decision on the Record

John Ryan Columbia Gas of Kentucky

Rebuttal Testimony of Judy Cooper on Behalf of Columbia Gas of Kentucky

John Ryan Columbia Gas of Kentucky

Joint Intervenors Response to Commissions First Request for Information

Gregory T. Dutton Joint Intervenors

Response to Commissions First Request for Information

Gregory T. Dutton Xoom Energy Kentucky

20220404_PSC Letter Regarding Chairman Chandler Participation.pdf

Data Request

Data Request

Direct Testimony of Jim Crist on behalf of Interstate Gas Supply; Constellation New Energy, Gas Division; and Xoom Energy Kentucky.

Gregory T. Dutton CNEG, IGS, and Xoom

Testimony of Travis Kavulla.

Gregory T. Dutton Xoom Energy Kentucky, LLC

Verification for Columbia Gas of Kentucky, Inc.’s Response to Xoom’s Second Set of Interrogatories and Requests for Information

John Ryan Columbia Gas of Kentucky

Columbia Gas of Kentuckys Response to XOOMs Second Set of Requests for Information

John Ryan Columbia Gas of Kentucky

Order Entered: 1. The February 28, 2022 joint motion by XOOM, IGS, and CNEG is granted. 2. The CHOICE program is extended under its current terms and conditions until a final Order is entered in this proceeding.

Response to the Joint Motion for Interim Authority and for Expedited Consideration

John Ryan Columbia Gas of Kentucky

Second Request for Information to CKY

Gregory Dutton Xoom Energy Kentucky, LLC

Joint Motion for Interim Authority

Gregory Dutton Xoom Energy Kentucky, LLC

Verifications to data responses

Judy Cooper

Resume filing of data responses to Xoom

Judy Cooper

Responses to Xoom First Request for Information

Judy Cooper

Responses to Staffs Second Request for Information

Judy Cooper

Initial Request for Information from Columbia Gas

Gregory Dutton Xoom Energy Kentucky, LLC

Data Request

Response to Commissions Order.

Gregory Dutton Xoom Energy Kentucky, LLC

Order Entered: Mr. Greene and Ms. Howell are admitted pro hac vice for the purpose of representing XOOM in association with Mr. Dutton in the above-styled proceeding, providing that Mr. Dutton, or another member of the Kentucky Bar association acts as co-counsel and is present at any and all proceedings before this Commission.

Order Entered: 1. The motion of XOOM to intervene is granted. 2. XOOM 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. XOOM 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. XOOM shall adhere to the procedural schedule set forth in the Commission’s December 7, 2021 Order and as amended by subsequent Orders.

Written Response to Commissions Order of January 13, 2022

Matthew Malone Interstate Gas Supply, Inc and Constellation New Energy - Gas Division, LLC

Prepared Direct Testimony of Judy M. Cooper on behalf of Columbia Gas of Kentucky

John Ryan Columbia Gas of Kentucky

Motion to Admit Pro Hac Vice

Gregory Dutton Xoom Energy Kentucky, LLC

Motion to Intervene

Gregory Dutton Xoom Energy Kentucky, LLC

Order Entered: 1. The motion of IGS and CNEG to intervene is granted. 2. IGS and CNEG 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. IGS and CNEG 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.

Amended Motion to Intervene

Matthew Malone Interstate Gas Supply, Inc and Constellation New Energy - Gas Division, LLC

Order Entered: 1. The October 18, 2021 procedural schedule is void. 2. Columbia Kentucky shall serve a copy of its tariff filing, the October 18, 2021 Order, and this Order on all approved CHOICE program marketers by December 31, 2021. 3. The procedural schedule set forth in the Appendix to this Order shall be followed.

Columbias Responses to Commission Staffs First Set of Requests for Information

John Ryan Columbia Gas of Kentucky

Motion to Intervene

Matthew Malone Interstate Gas Supply, Inc and Constellation New Energy - Gas Division, LLC

Data Request

Entry of Appearance of Counsel

David S. Samford Columbia Gas of Kentucky, Inc.

Order Entered: 1. This proceeding is established to investigate the reasonableness of the proposed tariffs. 2. Columbia Kentucky shall, by counsel, enter an appearance in this proceeding within seven days of the date of entry of this Order. The entry of appearance shall include the name, address, telephone number, fax number, and electronic mail address of counsel. 3. Unless otherwise ordered by the Commission, the procedures set forth in 807 KAR 5:001, Section 8, related to service and electronic filing of papers shall be followed in this proceeding.

Columbia Gas of Kentucky, Inc. Tariff Filing