Kentucky Public Service Commission

Order Entered: 1. BREC’s motion for confidential treatment is granted. 2. The designated material 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 Commission. 3. Use of designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9). 4. BREC shall inform the Commission if designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment. 5. If a nonparty to this proceeding requests to inspect material granted confidential treatment and the period during which the material has been granted confidential treatment has not expired, BREC shall have 30 days from receipt of written notice of request to demonstrate that the material still falls within exclusions from disclosure requirements established in KRS 61.878. If BREC is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. 6. The Commission shall not make the requested material available for inspection for 30 days from the date of service of an Order finding that the material no longer qualifies for confidential treatment in order to allow BREC to seek a remedy afforded by law. 7. This case is closed and shall be removed from the Commission’s docket.

Order Entered: 1. BREC’s motion for rehearing is granted. 2. BREC shall file a new motion with specific redactions within 30 days of service of this Order.8

Refiling Motion for Confidential Treatment

Senthia Santana Big Rivers Electric Corporation

Big Rivers Motion for Rehearing

Tyson Kamuf

Order Entered: 1. BREC’s February 10, 2023 motion for confidential treatment is granted in part and denied in part. 2. BREC’s February 10, 2023 motion for confidential treatment for PSC 1-1, PSC 1-2, PSC 1-6, PSC 1-9, PSC 1-10, AG 1-7, AG 1-8, AG 1-9, AG 1-10, AG 1-17 and AG 1-18 is granted. 3. BREC’s February 10, 2023 motion for confidential treatment for AG 1-1 is denied. 4. The designated material in BREC’s response to AG 1-17 that was granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for five years or until further Order of this Commission. 5. The designated material in BREC’s response to PSC 1-1, PSC 1-2, PSC 1- 6, PSC 1-9, PSC 1-10, AG 1-7, AG 1-8, AG 1-9, AG 1-10, and AG 1-18 that was 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. 6. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9). 7. BREC shall inform the Commission if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment.

Final Order Entered: 1. BREC’s request for approval of the amendment to the Unbridled PPA is granted. 2. BREC is authorized to enter into the amendment to the Unbridled PPA subject to the conditions discussed herein. 3. This matter is closed and shall be removed from the Commission’s docket.

Big Rivers Response Brief

Senthia Santana Big Rivers Electric Corporation

Attorney Generals Brief

J. Michael West Kentucky Attorney General

Big Rivers Brief Pursuant to Ordering Paragraph No. 2 of the March 31, 2023 Order in this Matter

Senthia Santana Big Rivers Electric Corporation

Order Entered: 1. The Commission grants the request of the Attorney General and finds that briefs from each party shall be filed in accordance with the schedule as set out in this Order. 2. The parties shall file the initial briefs by April 12, 2023. 3. If a party desires to file a response brief, the response briefs shall be filed by April 19, 2023. 4. Nothing in this Order shall be construed as preventing the Commission from issuing further Orders in this matter.

Order Entered: 1. BREC’s motion for confidential treatment is granted. 2. The designated material 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. 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). 4. BREC shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment. 5. If a nonparty to this proceeding requests to inspect the material granted confidential treatment by this Order and the period during which the material has been granted confidential treatment has not expired, BREC shall have 30 days from receipt of written notice of the request to demonstrate that the material still falls within the exclusions from disclosure requirements established in KRS 61.878. If BREC is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. 6. The Commission shall not make the requested material available for inspection for 30 days from the date of service of an Order finding that the material no longer qualifies for confidential treatment in order to allow BREC to seek a remedy afforded by law.

Response to Request for Decision

J. Michael West Office of the Kentucky Attorney General

Request for a Decision

Senthia Santana Big Rivers Electric Corporation

Big Rivers Response to the AGs Supplemental Data Requests

Senthia Santana Big Rivers Electric Corporation

Supplemental Data Requests of OAG

J. Michael West Office of the Attorney General

Big Rivers Notice of Change of Address for Counsel

Senthia Santana Big Rivers Electric Corporation

Witness Verifications of Big Rivers Responses to Initial Data Requests Filed February 10, 2023

Senthia Santana Big Rivers Electric Corporation

Big Rivers Response to Initial Requests for Information and Motion for Confidential Treatment

Senthia Santana Big Rivers Electric Corporation

Data Request

OAGs First Set of Data Requests

J. Michael West Office of the Kentucky Attorney General

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. The Commission directs the parties to the Commission’s July 22, 2021 Order in Case No. 2020-00085¹ regarding filings with the Commission.

Big Rivers Motion for a Procedural Schedule

Senthia Santana Big Rivers Electric Corporation

Order Entered: 1. BREC’s motion for confidential treatment is granted. 2. The designated material 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. Use of the designated material granted confidential treatment by this Order in any Commission proceeding shall comply with 807 KAR 5:001, Section 13(9). 4. BREC shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Order Entered: 1. The Attorney General’s motion to intervene is granted. 2. The Attorney General 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. The Attorney General 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 the date of service 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 shall be served.

OAGs Motion to Intervene

J. Michael West Kentucky Attorney General

Big Rivers Application with Exhibits and Direct Testimony

Senthia Santana Big Rivers Electric Corporation

20220825_PSC Acknowledgment Letter.pdf

Big Rivers Electric Corporation Notice of Intent to File an Application for Approval of Amendment to Power Purchase Agreement Using Electronic Filing Procedures