Kentucky Public Service Commission

20220505_PSC Notice of Filing Hearing Documents.pdf

Final Order Entered: 1. Kentucky Power’s request for approval of the Mitchell Ownership Agreement and the Mitchell O&M Agreement, as contained in the March 15, 2022 amended application and the April 14, 2022 post-hearing brief, is granted subject to the modifications discussed in this Order. 2. Within 20 days of the date of this Order, Kentucky Power shall file the modified Mitchell Agreements, as approved in this Order, into the post-case correspondence file and reference this case number. 3. This case is closed and removed from the Commission’s docket.

Response Brief of AG and KIUC

J. Michael West Office of the Attorney General

Response Brief of Kentucky Power Company.

Lerah M Scott Kentucky Power

Kentucky Power Company filing of Initial Brief.

Scott E. Bishop Kentucky Power Company

OAG and KIUCs Post-Hearing Brief

J. Michael West Office of the Attorney General

Kentucky Power Company’s responses to AG-KIUC’s Post-Hearing Data Requests dated March 31, 2022.

Lerah M Scott Kentucky Power

Kentucky Power Company’s responses to Commission Staff’s Post-Hearing Data Requests dated March 31, 2022.

Lerah M Scott Kentucky Power

Order Entered: 1. Post-hearing data requests, if any, shall be filed on or before April 1, 2022. 2. Responses to post-hearing data requests shall be filed on or before April 8, 2022. 3. Parties may file simultaneous memorandum briefs in support of their post-hearing position on or before April 14, 2022. 4. Parties may file simultaneous response briefs on or before April 21, 2022. 5. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time, April 22, 2022.

Data Request

OAGs Post-Hearing Data Request

J. Michael West Office of the Attorney General

Kentucky Power Company filing the Errata Supplemental Testimony of Stephan T. Haynes.

Scott E. Bishop Kentucky Power Company

Kentucky Power Company filing of Notice of Filing of Proof of Publication and Motion for Deviation regarding March 30 Hearing Notice.

Scott E. Bishop Kentucky Power Company

20220328_PSC Notice of Filing Hearing Documents.pdf

Kentucky Powers witness list for the March 30, 2022 hearing.

Lerah M Scott Kentucky Power

OAG and KIUCs Response to Proposed Ownership Agreement

J. Michael West Office of the Attorney General

OAG and KIUCs Witness List

J. Michael West Office of the Attorney General

Kentucky Power Company filing Notice of Filing of Request For Publication Of Notice Of Hearing.

Scott E. Bishop Kentucky Power Company

Order Entered: 1. Kentucky Power’s motion to file an amended application is granted. The amended application shall relate back to the November 19, 2021 filing date of the original application. 2. Each party may file a written response to the proposed Ownership Agreement on or before March 23, 2022. 3. A hearing in this matter shall be held on March 30, 2022, at 10:00 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.

Kentucky Power Company filing Responses to Attorney Generals and Kentucky Industrial Utility Customers, Inc. March 2, 2022 Post-Hearing Data Request.

Scott E. Bishop Kentucky Power Company

Joint Response to Kentucky Powers Motion for Leave to Amend Application

J. Michael West Office of the Attorney General

Kentucky Power Company filing responses to Commission Staffs March 3, 2022 Post-Hearing Data Requests and attachments.

Scott E. Bishop Kentucky Power Company

Kentucky Power Company filing Notice of Intent of Proposed Amendment of the Mitchell Plant Ownership Agreement and Motion for Leave to Amend Application; filing amended application and Supplemental Testimony.

Scott E. Bishop Kentucky Power Company

20220310_PSC IC Memo.pdf

Order Entered: An IC is scheduled on March 9, 2022, at 1 p.m. Eastern Standard Time, at the Commission’s offices at 211 Sower Boulevard, Frankfort, Kentucky.

Kentucky Power Companys Motion for Informal Conference

Lerah M Scott Kentucky Power

Data Request

Order Entered: 1. Post-hearing data requests, if any, shall be filed on or before March 4, 2022. 2. Responses to post-hearing data requests shall be filed on or before March 16, 2022. 3. Before March 16, 2022, Kentucky Power shall notify the Commission whether or not Kentucky Power intends to file a proposed amendment to the Mitchell Ownership Agreement. If Kentucky Power decides file a proposed amendment to the Mitchell Ownership Agreement, Kentucky Power shall include dates its counsel and representatives are available for an informal conference and a hearing. 4. Kentucky Power may file an initial memorandum brief in support of its post- hearing position on or before March 21, 2022. 5. he Attorney General of the Commonwealth of Kentucky, by and through the Office of Rate Intervention and Kentucky Industrial Utility Customers, Inc. may file response briefs on or before April 4, 2022. 6. Kentucky Power may file a reply brief on or before April 11, 2022. This case shall stand submitted for a decision by the Commission effective 12:01 a.m., April 12, 2022.

Kentucky Industrial Utility Customers (KIUC) Post-Hearing Data Request to Kentucky Power Company

Michael L Kurtz Kentucky Industrial Utility Customers (KIUC)

Affidavit of Alex E. Vaughan.

Lerah M Scott Kentucky Power

Kentucky Power Company’s Supplemental Response to Commission Staff Data Request 2-03.

Lerah M Scott Kentucky Power

Kentucky Power Companys proof of publication for March 1-3 hearing.

Lerah M Scott Kentucky Power

Kentucky Power Company filing Notice of Filing Adding Witnesses to Certain Data Request Responses.

Scott E. Bishop Kentucky Power Company

Order Entered: 1. The Attorney General’s motion for counsel to participate virtually in the March 1, 2022, through March 3, 2022, hearing is granted. 2. Commission Staff shall contact participants with instructions for participating remotely.

Order Entered: 1. KIUC’s motion for counsel to participate virtually in the March 1, 2022, through March 3, 2022, hearing is granted. 2. KIUC’s counsel that appear virtually shall participate from separate rooms and be on separate devices. 3. Commission Staff shall contact participants with instructions for participating remotely.

Order Entered: Christian M. Blend, John Crespo, and Hector Garcia Santana are admitted pro hac vice for the purpose of representing Kentucky Power in association with Mark R. Overstreet and Katie M. Glass in the above-styled proceeding, provided that Mr. Overstreet, Ms. Glass, or another member of the Kentucky Bar Association acts as co-counsel and is present at any and all proceedings before this Commission.

COUNSEL FOR ATTORNEY GENERALS MOTION FOR VIRTUAL PARTICIPATION AT HEARING

Larry Cook Office of the Attorney General

Order Entered: 1. Kentucky Power’s motion for witnesses and counsel to participate virtually in the March 1, 2022 hearing is granted. 2. Kentucky Power witnesses and counsel that appear virtually shall participate from separate rooms and be on separate devices. 3. Commission Staff shall contact participants with instructions for participating remotely.

KENTUCKY INDUSTRIAL UTILITY CUSTOMERS (KIUC) MOTION TO ALLOW COUNSEL TO PARTICIPATE VIRTUALLY

Michael L Kurtz Kentucky Industrial Utility Customers (KIUC)

Kentucky Power Company’s motion to participate virtually at March 1-3, 2022 hearing.

Lerah M Scott Kentucky Power

Kentucky Power Company’s motion for leave to appear pro hac vice.

Lerah M Scott Kentucky Power

Errata to Testimony of Lane Kollen

J. Michael West Office of the Attorney General

Rebuttal testimonies of Stephan Haynes, Allyson Keaton, and Jason Cash.

Lerah M Scott Kentucky Power

OAG and KIUCs Responses to Data Requests filed by Kentucky Power

J. Michael West Office of the Attorney General

OAG and KIUCs Response to Staff Data Requests

J. Michael West Office of the Attorney General

Kentucky Power Company filing a Notice of Filing of Request For Publication of Notice of Hearing

Scott E. Bishop Kentucky Power Company

Kentucky Power Company filing its Initial Data Requests to Kentucky Industrial Utility Customers, Inc and the Attorney General.

Scott E. Bishop Kentucky Power Company

Data Request

Kentucky Power Companys January 26, 2022 supplemental response to AG-KIUC first set of data requests, item 41.

Lerah M Scott Kentucky Power

Testimony of Lane Kollen

J. Michael West Office of the Attorney General

Kentucky Power’s responses to AG-KIUC’s January 7, 2022 Supplemental Data Requests

Lerah M Scott Kentucky Power

Kentucky Power Company filing responses to Commission Staffs January 5, 2022 data requests and attachment.

Scott E. Bishop Kentucky Power Company

Notice OAG and KIUC Witness Sharing

J. Michael West Office of the Attorney General

SUPPLEMENTAL DATA REQUESTS OF ATTORNEY GENERAL AND KIUC

Michael L Kurtz KIUC and Attorney General

Kentucky Power Companys January 6, 2022 supplemental response to AG-KIUC first set of data requests, item 41.

Lerah M Scott Kentucky Power

Data Request

Kentucky Power Company filing response and attachments for the December 15, 2021 data requests of the Attorney Gener and Kentucky Industrial Utility Customers, Inc.

Scott E. Bishop Kentucky Power Company

Kentucky Power Company filing responses to Commission Staffs December 9, 2021 data requests and attachments.

Scott E. Bishop Kentucky Power Company

OAG and KIUCs First Set of Data Requests

J. Michael West Office of the Attorney General

Order Entered: 1. A hearing in this matter shall be held on March 1, 2022, through March 3, 2022, at 9 a.m. Eastern Standard Time in the Richard Raff Hearing Room at the office of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. Counsel for each of the parties should file a motion requesting for counsel or the party’s witnesses to participate virtually. 2. Kentucky Power Company (Kentucky Power) 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, Kentucky Power 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.

Data Request

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed. 2. Any party filing a paper with the Commission shall file an electronic copy in accordance with the electronic filing procedures set forth in 807 KAR 5:001, Section 8. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked.

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 7, 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.

Written Statement of Kentucky Industrial Utility Customers (KIUC)

Michael L Kurtz Kentucky Industrial Utility Customers (KIUC)

Over Entered: 1. The motion of KIUC to intervene is granted. 2. KIUC 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. KIUC 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, KIUC 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.

Kentucky Power Application

Lerah M Scott Kentucky Power

Motion to Intervene

J. Michael West Office of the Attorney General

Motion to Intervene of Kentucky Industrial Utility Customers (KIUC)

Michael L Kurtz Kentucky Industrial Utility Customers (KIUC) -

Explanatory letter correcting date on Kentucky Power Companys notice of election of electronic filing procedures.

Lerah M Scott Kentucky Power

20211105_PSC Acknowledgment Letter.pdf

Kentucky Power Company Notice of Intent to File an Application for Approval of Affiliate Agreements Related to the Mitchell Generating Station Using Electronic Filing Procedures