Kentucky Public Service Commission

Order Entered: 1. Cumberland District; its officers, Eric Carver, Troy Norris, and Jay Cary; and its manager, Matthew Dyer, have satisfied the show cause and no civil penalties are assessed pursuant to KRS 278.990(1). 2. This case is closed and removed from the docket.

Responses of Board Members Affidavit of General Manager

Coleman M. Hurt Cumberland County Water District

entry of appearance

Coleman M. Hurt Cumberland County Water District

Policies and Procedures

Coleman M. Hurt Cumberland County Water District

Order Entered: 1. Sandy Hieneman and Mark Vibbert are dismissed as parties from this case. 2. The case style is amended to reflect the dismissal of Sandy Hieneman and Mark Vibbert. The case style of this matter is hereinafter: Electronic Alleged Failure of Cumberland Water District and Its Officers, Eric Carver, Troy Norris, and Jay Cary and Its Manager, Matthew Dyer, to Comply with a Commission Order, KRS 278.990. 3. Cumberland District; its officers, Eric Carver, Troy Norris, and Jay Cary; and its manager, Matthew Dyer, shall file the written policies and procedures with an affidavit confirming its adoption within ten days of the date of service of this Order. 4. Counsel for the parties shall enter an appearance or appearances within ten days of the date of service of this Order. 5. The Commission directs Cumberland District to the Commission’s July 22, 2021 Order in Case No. 2020-000855 regarding filings with the Commission. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked.

Order Entered: 1. This matter is re-opened for the named parties to show cause why they should not be subject to the assessment of a civil penalty pursuant to KRS 278.990(1) for failure to comply with Commission Orders entered in this matter. 2. Cumberland District, its officers, Eric Carver, Sandy Hieneman, Troy Norris, Mark Vibbert, and Jay Cary and its manager, Matthew Dyer shall file a response within 20 days of the date of service of this Order to show cause why each named party should not be subject to civil penalties pursuant to KRS 278.990(1). 3. Counsel for the parties shall enter an appearance or appearances within 20 days of the date of service of this Order. 4. The Commission directs Cumberland District to the Commission’s July 22, 2021 Order in Case No. 2020-00085 regarding filings with the Commission. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked.

Final Order Entered: 1. Garland Hieneman is dismissed as a party from this case. 2. The case style is amended to reflect the dismissal of Garland Hieneman. The case style of this matter is hereinafter: Electronic Alleged Failure of Cumberland Water District and Its Officers, Eric Carver, Sandy Hieneman, Troy Norris, Mark Vibbert, and Jay Cary and Its Manager, Matthew Dyer, to Comply with a Commission Order, KRS 278.990 3. Eric Carver, Sandy Hieneman, Troy Norris, Mark Vibbert, Jay Cary, and Matthew Dyer, individually, are each assessed civil penalty of $500 that shall be paid within 330 days of the date of service of this Order for their willful violation of a Commission Order. 4. Payment, pursuant to ordering paragraph 3, 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. 5. The Commission shall waive the civil penalty of $500 for each individual, Eric Carver, Sandy Hieneman, Troy Norris, Mark Vibbert, Jay Cary, and Matthew Dyer, who attends 12 hours of Commission-approved training, in addition to any other statutorily required training, within 330 days of the date of service of this Order and provides written notice that the individual attended the training within 30 days of said attendance.

20230525_PSC Notice of Filing Hearing Documents.pdf

RESPONSE EXHIBITS TO ARIL 7TH DATA REQUEST

Coleman M. Hurt Cumberland County Water District

Response and Notice of Filing

Coleman M. Hurt Cumberland County Water District

Data Request

Order Entered: 1.Post-hearing requests for information, if any, shall be filed on or before April 7, 2023. 2. Responses to post-hearing requests for information shall be filed on or before April 28, 2023. 3. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time, April 29, 2023.

IT IS THEREFORE ORDERED that Cumberland District’s motion to participate virtually at the April 4, 2023 hearing is denied in its entirety.

Proof of Notice

Coleman M. Hurt Cumberland County Water District

Order Entered: the motion of Cumberland District is granted.

Motion For Leave to Participate Virtually

Coleman M. Hurt Cumberland County Water District

Witness List

Coleman M. Hurt Cumberland County Water District

Motion With Affidavits

Coleman M. Hurt Cumberland County Water District

Order Entered: 1. A hearing in this matter shall be held on Tuesday, April 4, 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 data requests shall participate in person at the April 4, 2023 hearing.

Order Entered: 1. The motion to continue the hearing date from February 23, 2023, is granted.

Motion For Continuance

Coleman M. Hurt Cumberland County Water District

Order Entered: 1. Cumberland District’s motion to participate virtually at the February 23, 2023 hearing is denied in its entirety.

EXHIBIT TO RESPONSE

Coleman M. Hurt Cumberland County Water District

Data Request Response

Hon. Coleman M. Hurt Cumberland County Water District

Motion for Leave to be heard Virtually

Hon. Coleman M. Hurt Cumberland County Water District

Data Request

Order Entered: 1. A hearing in this matter shall be held on Thursday, February 23, 2023, at 9 a.m. Eastern Standard 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 data requests shall participate in person at the February 23, 2023 hearing. 4. Records and filings for Case No. 2022-00291 are hereby incorporated into the record of this case and may be referenced by any party during the hearing and any further proceedings or orders. 5. Cumberland County Water District (Cumberland District) 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. Those wishing to make oral public comments may do so by following the instructions listed on the PSC website, psc.ky.gov.”

Verified Response to Request for Information

Coleman M. Hurt Cumberland Water District

Order Entered: 1. Cumberland District’s motion is granted. 2. Responses to Commission Staff’s First Request for Information shall be filed on or before January 5, 2023.

Motion For Extension of Time to File Request For Information

Coleman M. Hurt Cumberland County Water District

Data Request

Entry of Appearance Verified Response Notice of Filing of Affidavits

Coleman Michael Hurt Cumberland County Water District

Order Entered: 1. Cumberland District; Matthew Dyer, in his capacity as manager; Eric Carver, Garland Hieneman, Jay Cary, Mark Vibbert, and Troy Norris, acting in their respective official and individual capacities as officers of Cumberland District’s Board of Commissioners, shall submit individual written responses to the allegations contained in this Order within 20 days of the date of service of this Order, including but not limited to any, and all written testimony or documentation that would dispute the allegations. 2. Counsel for the parties shall enter an appearance or appearances within 20 days of the date of service of this Order. 3. The Commission directs Cumberland District to the Commission’s July 22, 2021 Order in Case No. 2020-00085¹4 regarding filings with the Commission. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked.