Kentucky Public Service Commission

Final Order Entered: 1. Kirksville Water’s motion to excuse Mike Agee, Randal Webb, and Armon Sanders from the hearing is granted. 2. Mike Agee, Randal Webb, and Armon Sanders are dismissed from this proceeding. 3. Kirksville Water’s motion for an extension of time in which to file an application for a rate adjustment is denied. 4. Kirksville Water’s Board members Wayne Long, Alfred Winkler, and Bobby Powell are individually assessed a civil penalty of $500 for willful violations of KRS 278.300 and KRS 278.020. 5. Payment pursuant to ordering paragraph 4 shall be made by cashier’s check or money order payable to the Kentucky State Treasurer and mailed or delivered to the Office of the General Counsel, Kentucky Public Service Commission, 211 Sower Boulevard, Post Office Box 615, Frankfort, Kentucky 40602 within 365 days of the date of service of this Order. 6. The Commission shall waive the civil penalty of $500 for each individual who attends 12 hours of Commission approved training within 365 days following the date of service of this Order and provides written notice that they attended the training within 30 days of the training. 7. Any written notice provided pursuant to ordering paragraph 6 shall include the case number for this case and be maintained in the post case correspondence file for this case. 8. This case is closed and removed from the Commission’s docket.

Meeting minutes for July and August pursuant to continuing order

Jud Patterson Kirksville Water Association

Post hearing brief

Jud Patterson Kirksville Water Association

Resubmission of September 16th, 2021 annual meeting minutes

Jud Patterson Kirksville Water Association

20230809_PSC Notice of Filing Hearing Documents.pdf

Kirksville Water Associations Response to Commission Staffs Post-Hearing Request for Information

Jud Patterson Kirksville Water Association

Data Request

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before July 2. Responses to post-hearing requests for information shall be filed on or before July 28, 2023. 3. Counsel for Kirksville Water Association (Kirksville Water) shall file a memorandum brief in support of Kirksville Water’s post-hearing position on or before September 8, 2023. 4. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time, September 9, 2023.

Motion to excuse witnesses not present at hearing

Jud Patterson Kirksville Water Association

Motion for extension to file rate adjustment

Jud Patterson Kirksville Water Association

Proof of notice of hearing

Jud Patterson Kirksville Water Association

Order Entered: 1. A hearing in this matter shall be held on July 6, 2023, at 1:30 p.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. Kirksville Water Association, Inc.’s (Kirksville Water) Board members Armon Sanders, Wayne Long, Alfred Winkler, Randal Webb, and Bobby Powell, along with Manager, Mike Agee, who are parties to this proceeding, shall appear at the July 6, 2023 hearing to provide testimony regarding the subject matter of this proceeding. 3. Pursuant to 807 KAR 5:001, 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. 4. Witnesses who sponsor schedules, testimony, or responses to requests for information shall participate in person at the July 6, 2023 hearing. 5. Kirksville Water 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.

Order Entered nunc pro tunc, that: 1. The first ordering paragraph is stricken and is replaced with the following language: A hearing in this matter shall be held on July 6, 2023, at 1:30 p.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. All other provisions of the Commission’s May 15, 2023 Order that are not in conflict with the terms of this Order shall remain in effect.

Order Entered: 1. A hearing in this matter shall be held on July 7, 2023, at 1:30 p.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 7, 2023 hearing. 4. Kirksville Water Association, Inc. (Kirksville Water) shall give notice of the hearing in compliance with 807 KAR 5:001E, Section 9(2)(b).

KWAs Response to Staffs 2nd Data Request

Jud Patterson Kirksville Water Association

Order Entered: 1. Kirksville Water shall file an application for a general rate adjustment pursuant to 807 KAR 5:001, section 16, or an application for an alternative rate adjustment pursuant to 807 KAR 5:076, or a formal motion with a detailed analysis of its rates and revenues and a statement explaining the reasons why no rate modifications are necessary by June 30, 2023. 2. The rate adjustment or detailed motion filed by Kirksville Water on or before June 30, 2023, shall be based upon 2022 financial data and Kirksville Water’s 2022 annual report.

Data Request

Exhibits titled "Modifications and Improvements", "KWA Monthly Expenses" and "Revised Water Rights Calculations"

Jud Patterson Kirksville Water Association

Kirksville Water Association Response to Commissions First Data Request

Jud Patterson Kirksville Water Association

Data Request

Response to Commissions Order alleging violations of KRS 278.300 and KRS 278.020

Jud Patterson Kirksville Water Association

Order Entered: 1. Kirksville Water and directors Armon Sanders, Wayne Long, Alfred Winkler, Randal Webb, and Bobby Powell, and Manager, Mike Agee, individually and in their respective capacities, shall submit to the Commission individual written responses to the allegations contained in this Order within 20 days of the date of entry of this Order. 2. The record of Commission Case No. 2022-00076 is made a part of the record by reference only. 3. Kirksville Water shall file an application for a general rate adjustment pursuant to 807 KAR 5:001, Section 16, or an application for an alternative rate adjustment pursuant to 807 KAR 5:076, or in the alternative, file a formal motion with a detailed analysis of its rates and revenues and a statement explaining the reasons why no modifications are necessary, on or before December 20, 2022. Any filing for a rate adjustment filed under KRS 278.023 does not relieve Kirksville Water from this requirement.