Kentucky Public Service Commission

Order Entered: 1. Danny Stevens shall be dismissed from these proceedings. 2. As of the date of service of this Order, the case style of this proceeding is revised as follows: Electronic Application of Rowan Water, Inc. for an Alternative Rate Adjustment and an Investigation Into Rowan Water, Inc. and Its Individual Directors, Larry Johnson, Randall Cox, Mike Collins, Enoch Blair, and Its Manager, Jerry Patrick, for Allegedly Failing to Comply With KRS 278.300 and a Commission Order. 3. Larry Johnson, Randall Cox, Mike Collins, Enoch Blair, and its Manager, Jerry Patrick, individually, are each assessed and shall pay a total civil penalty of $250 within 335 days of date of service of this Order for willful violation of a Commission Order as well as for four violations of KRS 278.300. 4. Payment shall be made by cashier’s check or money order payable to Kentucky State Treasurer and mailed or delivered to Office of 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 $250 for each individual, Larry Johnson, Randall Cox, Mike Collins, Enoch Blair, and Jerry Patrick, who attends a total of 12 hours of Commission approved training within 335 days of date of service of this Order, in addition to any other required yearly training, and provides written notice they attended training within one year of the date of service of this Order.

Letter re invoice filing complete

L. Allyson Honaker Rowan Water, Inc.

20230926_PSC Notice of Filing Hearing Documents.pdf

Monthly invoice filing

L. Allyson Honaker Rowan Water, Inc.

Post-Hearing Brief

L. Allyson Honaker Rowan Water, Inc.

Responses to Post-Hearing Data Requests

L. Allyson Honaker Rowan Water, Inc.

July invoices

L. Allyson Honaker Rowan Water, Inc.

Notice

L. Allyson Honaker Rowan Water, Inc.

Data Request

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before August 3, 2023. 2. Responses to post-hearing requests for information shall be filed on or before August 17, 2023. 3. Rowan Water Inc. may file a brief, if it so chooses, by September 15, 2023. 4. The case heading shall be amended as follows: Electronic Application of Rowan Water, Inc. for an Alternative Rate Adjustment and an Investigation into Rowan Water, Inc. and its Individual Directors, Larry Johnson, Danny Stevens, Randall Cox, Mike Collins, Enoch Blair, and its Manager, Jerry Patrick, for Allegedly Failing to Comply With KRS 278.300 and a Commission Order 5. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time on September 16, 2023.

Proof of Publication of Hearing Notice

L. Allyson Honaker Rowan Water, Inc.

Order Entered: 1. Rowan Water’s motion is granted. 2. Rowan Water shall have until the close of business on Monday, July 31, 2023, to complete the technological test for Mr. Larry Johnson.

Motion for Extension

L. Allyson Honaker Rowan Water, Inc.

Order Entered: 1. Rowan Water’s motion to allow Larry Johnson to participate virtually in the August 1, 2023 hearing is granted. 2. Commission Staff shall contact Rowan Water with instructions for participating remotely. 3. By July 28, 2023, counsel for Rowan Water shall arrange a technology test with Commission Staff to ensure that all required technology is working properly.

Supplement to Witness List

L. Allyson Honaker Rowan Water, Inc.

Request for Hearing Publication

L. Allyson Honaker Rowan Water, Inc.

Pre-Hearing Filings: Notice of Filing Policies and Minutes; Motion to Excuse Witness; Witness List

L. Allyson Honaker Rowan Water, Inc.

Monthly Invoices

L. Allyson Honaker Rowan Water, Inc.

Order Entered: 1. This case will remain open for the continued investigation into whether Rowan Water, its individual directors, and its manager failed to comply with a Commission Order as well as possible violations of KRS 278.300. 2. The recommendations contained in the Commission Staff’s Report are adopted as modified in this Order and incorporated by reference into this Order. 3. The water service rates proposed by Rowan Water denied. 4. The nonrecurring charges set forth in the Appendix to this Order are approved for services rendered by Rowan Water on and after the date of service of this Order. 5. Within 20 days of the date of service of this Order, Rowan Water shall file with this Commission, using the Commission’s electronic Tariff Filing System, new tariff sheets setting forth the rates and charges approved herein and their effective date, and stating that the charges were authorized by this Order. 6. Rowan Water shall use the midpoint of the depreciable lives of the National Association of Regulatory Utility Commissioners ranges, as proposed in the application and agreed upon by Staff, to depreciate water plant assets for accounting purposes in all future reporting periods. No adjustment to accumulated depreciation or retained earnings should be made to account for this change in the accounting estimate.

Monthly Invoices

L. Allyson Honaker Rowan Water, Inc.

Order Entered: 1. A hearing in this matter shall be held on August 1, 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, responses or responses to requests for information shall participate in person at the August 1, 2023 hearing. 4. Rowan Water, Inc. (Rowan Water) 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.” At the time the notice is mailed or publication is requested, Rowan Water shall forward a duplicate of the notice and request to the Commission. 5. Pursuant to KRS 278.360 and 807 KAR 5:001E, Section 9(9), a digital video transcript shall be made of the hearing.

Monthly legal fee invoice filing

L. Allyson Honaker Rowan Water, Inc.

March invoices

L. Allyson Honaker Rowan Water, Inc.

Updated confidential information

L. Allyson Honaker Rowan Water, Inc.

Comments on Staffs Report

L. Allyson Honaker Rowan Water, Inc.

Responses to Staffs First Rehearing Requests and Motion for Confidential Treatment

L. Allyson Honaker Rowan Water, Inc.

Order Entered: 1. Rowan Water’s request for confidential treatment for its response to PSC 1-1e is granted in part and denied in part. 2. Rowan Water’s request for confidential treatment for non-executive employee names in its response to PSC 1-1e is granted. 3. Rowan Water’s request for confidential treatment for non-executive employee compensation and job description in its response to PSC 1-1e is denied. 4. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for ten years or until further order of this Commission. 5. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001E, Section 13(9). 6. Rowan Water shall inform the Commission if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment.

Staff Report

Data Request

Notice of Filing

L. Allyson Honaker Rowan Water, Inc.

Responses to Commissions Order

L. Allyson Honaker Rowan Water, Inc.

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed. 2. Rowan Water, Inc. (Rowan Water) shall respond to all requests for information propounded by Commission Staff, whether identified on the procedural schedule or otherwise, as provided in those requests. 3. 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 5:001E, Section 8. Electronic documents shall be in portable document format (PDF), shall be searchable, and shall be appropriately bookmarked. The Commission directs the parties to the Commission’s July 22, 2021 Order in Case No. 2020-00085¹ regarding filings with the Commission. 4. Rowan Water shall give notice of any scheduled hearing in accordance with the provisions set forth in 807 KAR 5:001E, Section 9(2). In addition, the notice of hearing shall include the following statement: “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 listing on the PSC website, psc.ky.gov.” At the time publication is requested, Rowan Water shall forward a duplicate of the notice and request to the Commission. 5. At any public hearing in this matter, neither opening statements nor summarization of direct testimonies shall be permitted.

IT IS THEREFORE ORDERED that Rowan Water’s motion for rehearing is granted.

Updated confidential information pursuant to Commissions Order

L. Allyson Honaker Rowan Water, Inc.

Rate Case Expense Invoice and Motion for Extension of Time

L. Allyson Honaker Rowan Water, Inc.

Responses to Staffs Third Data Request and Motion for Confidential Treatment

L. Allyson Honaker Rowan Water, Inc.

Motion for Rehearing

L. Allyson Honaker Rowan Water, Inc.

Order Entered: 1. Rowan Water and its directors, Larry Johnson, Danny Stevens, Danny Cox, Mike Collins, Enoch Blair, and its manager, Jerry Patrick, 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 service of this Order. 2. Rowan Water shall respond to any additional requests for information propounded by Commission Staff, as provided in those requests. 3. The docket case name shall be amended to the following: Electronic Application of Rowan Water, Inc. for an Alternative Rate Adjustment and an Investigation into Rowan Water, Inc. and its individual directors, Larry Johnson, Danny Stevens, Mike Collins, Enoch Blair, and its Manager, Jerry Patrick, for allegedly failing to comply with KRS 278.300 and a Commission Order. 4. Rowan Water shall file all legal bills to date for work in this case on or before February 28, 2023, as provided for in this Order and shall file updates for each subsequent month while the case is pending.

Order Entered: 1. Rowan Water’s motion to withdraw the confidential exhibit, Item 8, is granted and the filing will be removed from the Commission record. 2. Rowan Water’s motion for confidential treatment for response to Staff’s First Request, Item 1d, Item 1e, Item 2, Item 7, and Item 11(c), is granted in part and denied in part. 3. Rowan Water’s motion for confidential treatment for Item 7 and Item 11(c) is granted. 4. Rowan Water’s motion for confidential treatment for Item 1e is denied. 5. Rowan Water’s motion for confidential treatment for Item 1d is granted except for all information related to the utility manager. 6. Rowan Water’s motion for confidential treatment for Item 2 is granted except for the information related to the vendor(s) and the utility manager. 7. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for ten years or until further order of this Commission. 8. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001E, Section 13(9).

Data Request

Order Entered: 1. The procedural schedule established on September 30, 2022, and amended on December 5, 2022, is amended. 2. The amended procedural schedule set forth in the Appendix to this Order shall be followed. 3. All provisions of the Commission’s Order of September 30, 2022, and December 5, 2022, in conflict with the provisions of this Order are vacated. All other provisions of the September 30, 2022 Order and the December 5, 2022 Order, not in conflict, shall remain in effect. 4. Rowan Water shall respond to all data requests issued by Commission Staff regardless of whether they appear on this procedural schedule.

Supplemental Response to Commission Staffs Second DR - Item 2

L. Allyson Honaker Rowan Water, Inc.

Notice of filing updated rate case expense

L. Allyson Honaker Rowan Water, Inc.

Responses to Commission Staffs Second Request for Information

L. Allyson Honaker Rowan Water, Inc.

Motion to Withdraw Confidential Exhibit

L. Allyson Honaker Rowan Water, Inc.

20221215_Letter Filing IC Memo into the Record.pdf

Order Entered: 1. The motion for an informal conference is granted. 2. The September 30, 2022 procedural schedule is amended. 3. Rowan Water shall file its responses to supplemental requests for information no later than January 3, 2023. 4. Commission Staff shall file its Staff Report by February 6, 2023. 5. All other provisions of the Commission’s Order of September 30, 2022, shall remain in effect.

Motion to Schedule an Informal Conference

L Allyson Honaker Rowan Water, Inc.

Data Request

Responses to DRs and Motion for Confidential Treatment

L. Allyson Honaker Rowan Water, Inc.

Order Entered: 1. The procedural schedule set forth in Appendix A to this Order shall be followed. 2. On or before the date set forth in the procedural schedule, Rowan Water shall file its responses to the Commission Staff’s First Request for Information, attached to this Order as Appendix B. 3. No later than the date set forth in the procedural schedule, Commission Staff shall file with the Commission and serve upon all parties of record a written report (Commission Staff’s Report) containing its findings and recommendations regarding Rowan Water’s requested rate adjustment. 4. No later than 14 days after the date of service of the Commission Staff’s Report, each party of record shall file with the Commission: a. Its written comments on and any objections to the findings contained in the Commission Staff’s Report; and b. Any additional evidence for the Commission to consider. 5. If Commission Staff finds that Rowan Water’s financial condition supports a higher rate than Rowan Water proposes or the assessment of an additional rate or charge not proposed in Rowan Water’s application, Rowan Water, in its response to the Commission Staff’s Report, shall also state its position in writing on whether the Commission should authorize the assessment of the higher rate or the additional rate or charge.

Proof of Customer Notice Mailing

L. Allyson Honaker Rowan Water, Inc.

20220907_PSC Deficiency Cured Letter.pdf

Deficiency Response

L. Allyson Honaker Rowan Water, Inc.

20220906_PSC Deficiency Letter.pdf

ARF Application

L. Allyson Honaker Rowan Water, Inc.

20220809_PSC Acknowledgment Letter.pdf

Rowan Water, Inc. Notice of Intent to File an Application for an Alternative Rate Adjustment Using Electronic Filing Procedures