Kentucky Public Service Commission

20220622_PSC Notice of Filing Hearing Documents.pdf

Final Order Entered: 1. BREC is granted a CPCN to construct and operate the 161 kV transmission line, the South Henderson Switching Station, and the Henderson Paper Mill Substation set forth in its application. 2. BREC shall follow the process set forth in this Order if constructability concerns require that the location of the proposed transmission line be moved more than 100 feet in any direction from the location as identified in the application. 3. BREC is granted authority to move the location of proposed transmission line up to 500 feet in either direction from the centerline as proposed in the application for the sole purpose of responding to a landowner request. 4. BREC shall notify the Commission of any move of the transmission line that is greater than 50 feet and made in response to a landowner request by filing a notice into the post-case correspondence file of this proceeding as set forth in this Order. 5. BREC’s request for authority to move the location of the switching station and the substation from the proposed locations as long as the facilities are not moved onto the property of another property owner is granted. 6. BREC shall file a survey of the final location of the transmission facilities after any modifications are finalized as authorized by this Order and before construction begins. 7. BREC shall file as built drawings and maps within 60 days of the completion of the construction authorized by this Order.

Order Entered: 1. BREC’s March 21, 2022 and May 17, 2022 motions for confidential treatment are granted. 2. The designated materials 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. 3. BREC shall file a redacted version of the Memorandum of Agreement in the public record within 30 days of issuance of this Order, if not having done so. 4. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall be in compliance with 807 KAR 5:001, Section 13(9). 5. BREC shall inform the Commission if the material in question becomes publicly available or no longer qualifies for confidential treatment.

Witness List

Sandra D. Freeburger Neal Greenwell Farmland LLC, Intervenor

Witness List

Sandra D. Freeburger Cypress Flats Land Company LLC

Witness List

Sandra D. Freeburger Robert G. Harrison and Shirley Harrison, Intervenors

Big Rivers Witness List and Notice of Substitution of Witnesses For May 31, 2022 Hearing

Senthia Santana Big Rivers Electric Corporation

Big Rivers Proof of Publication of Hearing Notice

Tyson Kamuf Big Rivers Electric Corporation

Big Rivers Responses to the Commission Staffs Third Request for Information

Tyson Kamuf Big Rivers Electric Corporation

Data Request

Copy of Publication Request and Notice of Hearing

Tyson Kamuf Big Rivers Electric Corporation

Order Entered: 1. A hearing in this matter shall be held on May 31, 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 May 24, 2022. 3. Big Rivers Electric Corporation (BREC) 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, BREC 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.

Big Rivers Response to Commission Staffs Second Request for Information

Tyson Kamuf Big Rivers Electric Corporation

Order Entered: 1. The procedural deadlines set forth in the Appendix of the Order dated February 21, 2022, starting with the date for “[a]ll requests for information to Intervenors shall be filed no later than” shall be stricken and replaced with the procedural schedule attached to this Order as an Appendix. 2. The procedural schedule set forth in the Appendix to this Order shall be followed. 3. All other provisions of February 21, 2022 Order, not in conflict with this Order, shall remain in full force and effect.

Data Request

Revised Response to Item No. 13 of the Commission Staffs First Request for Information

Tyson Kamuf Big Rivers Electric Corporation

Big Rivers Responses to the Commission Staffs First Request for Information and Motion for Confidential Treatment

Tyson Kamuf Big Rivers Electric Corporation

Order Entered: 1. The motion of the Harrisons to intervene is granted. 2. The Harrisons are 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 Harrisons 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. The Harrisons shall adhere to the procedural schedule set forth in the Commission’s February 21, 2022 Order and as amended by subsequent Orders, if needed.

Order Entered: 1. The motion of Greenwell Farmland to intervene is granted. 2. Greenwell Farmland is 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. Greenwell Farmland 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. Greenwell Farmland shall adhere to the procedural schedule set forth in the Commission’s February 21, 2022 Order and as amended by subsequent Orders, if needed.

Order Entered: 1. The motion of William Ray to intervene is granted. 2. William Ray is 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. William Ray 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. William Ray shall adhere to the procedural schedule set forth in the Commission’s February 21, 2022 Order and as amended by subsequent Orders, if needed.

Order Entered: 1. The motion of Cypress Flats to intervene is granted. 2. Cypress Flats is 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. Cypress Flats 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. Cypress Flats shall adhere to the procedural schedule set forth in the Commission’s February 21, 2022 Order and as amended by subsequent Orders, if needed.

Motion to Intervene by Robert and Shirley Harrison, Entry of Appearance by Sandra Freeburger as counsel for Harrisons and cover letter from Sandra Freeburger

Sandra D Freeburger Robert and Shirley Harrison

Motion to Intervene by Neal Greenwell Farmland LLC, with Entry of Appearance by Sandra Freeburger for movant and cover letter

Sandra D Freeburger Neal Greenwell Farmland LLC

Motion to Intervene by William R Ray, Jr., Entry of Appearance by Sandra Freeburger for William R Ray, Jr, LLC, and cover letter from Sandra D Freeburger

Sandra D Freeburger William R Ray Jr LLC

Order Entered: 1. The request for intervention made on behalf of Cypress Farms by Thomas and Jennifer Greenwell is denied. 2. Any future request for intervention made on behalf of Cypress Farms shall be made by an attorney licensed to practice law in Kentucky.

Motion to Intervene with cover letter and entry of appearance

Sandra D Freeburger Cypress Flats Land Company LLC

Thomas and Jennifer Greenwell Request for Intervention

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.

20220211_PSC No Deficiency Letter.pdf

Big Rivers Application

Tyson Kamuf Big Rivers Electric Corporation

20220110_PSC Acknowledgment Letter.pdf

Big Rivers Electric Corporation Notice of Intent to File an Application for a Certificate of Public Convenience and Necessity to Construct a 161 KV Transmission Line in Henderson County, Kentucky Using Electronic Filing Procedures