Kentucky Public Service Commission

Order Entered: the Commission’s investigation into the alleged failure of Jessamine-South Elkhorn District and its individual commissioners, James F. Hall, Jerry Haws, Thomas Beal, and Clay Corman, is closed and removed from the Commission’s docket.

Order Entered: 1. Jessamine-South Elkhorn District’s application for a declaratory order is granted. 2. The term “PSC hosted” in the October 21, 2023 Order, means training that the Commission conducted. 3. Six hours of training between October 31, 2023, and December 31, 2023, and another six hours of training between January 1, 2024, and before October 31, 2024, will meet the number of training hours required in the October 31, 2023 Order. 4. That six hours of training between October 31, 2023, and December 31, 2023, and another six hours of training between January 1, 2024, and before October 31, 2024, will also meet the requirement of six instructional hours as required by KRS 74.020(6) for years 2023 and 2024, so long as all other requirements of KRS 74.020(6) are also met.

Jessamine-South Elkhorn Water District and Its Individual Commissioners- James F. Hall, Jerry Haws, and Thomas Beall Penalty Payments - Ordered October 31, 2023

Application for declaratory order (seeking clarification of previous order)

Henry E Smith Jessamine-South Elkhorn Water District

Final Order Entered: 1. The Offer of Settlement is rejected. 2. James F. Hall shall pay a penalty of $250 within 180 days of entry of this Order, and that within 12 months of entry of this Order shall attend 12 hours of PSC hosted water commissioner training for his willful violation of KRS 278.300. 3. Thomas Beall shall pay a penalty of $250 within 180 days of entry of this Order, and that within 12 months of entry of this Order shall attend 12 hours of PSC hosted water commissioner training for his willful violation of KRS 278.300. 4. Jerry Haws shall pay a penalty of $250 within 180 days of entry of this Order, and that within 12 months of entry of this Order shall attend 12 hours of PSC hosted water commissioner training for his willful violation of KRS 278.300. 5. This case is closed and removed from the Commission’s docket.

Offer of Settlement

Henry E Smith Jessamine-South Elkhorn Water District

Order Entered: the motion for an extension of time filed on behalf of Jessamine-South Elkhorn District and its Individual commissioners, James F. Hall, Jerry Haws, Thomas Beal, and Clay Corman, is denied.

Motion for Extension of Time

Faith C. E. Grosz Jessamine South Elkhorn Water District

20230809_PSC Notice of Filing Hearing Documents.pdf

Responses to Staffs Fourth Requests for Information

Henry Evans Smith Jessamine-South Elkhorn Water District

Data Request

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before July 10, 2023. 2. Responses to post-hearing requests for information shall be filed on or before July 24, 2023. 3. Counsel for Jessamine-South Elkhorn Water District may file a memorandum brief in support of Jessamine-South Elkhorn Water District’s post-hearing position on or before August 31, 2023. 4. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time, September 1, 2023.

Newspaper notices, copies filed for record

Henry E Smith Jessamine-South Elkhorn Water District

Responses to Staffs Third Request for Information

Henry E. Smith Jessamine-South Elkhorn Water District

Order Entered: 1. All named parties shall participate and be prepared to offer testimony, in person, at the July 6, 2023, starting at 8:30 a.m. Eastern Daylight Time. 2. Bruce Smith, as counsel of record for Jessamine-South Elkhorn Water District,¹ will not be permitted to offer testimony at the hearing on July 6, 2023.²

Data Request

Notice of Filing Newspaper Notice of Hearing

Henry E Smith Jessamine-South Elkhorn Water District

Response to supplemental information requests

Henry E Smith Jessamine-South Elkhorn Water District

Data Request

Order Entered: 1. A hearing in this matter shall be held on July 6, 2023, at 8:30 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 requests for information shall participate in person at the July 6, 2023 hearing. 4. Jessamine-South Elkhorn Water District (Jessamine-South Elkhorn District) shall give notice of the hearing in compliance with 807 KAR 5:001E, Section 9(2)(b).

Exhibits missing from 05222023 Responses to Requests for Information

Henry E Smith Bruce E Smith Law Offices PLLC and JSEWD

Responses to Staff Requests for Information

Henry E Smith Bruce E Smith Law Offices PLLC

Filing, per initiating order, presenting Respondents response to orders allegations.

Henry Evans Smith Jessamine-South Elkhorn Water District

Notice of Entry of Appearance, per Order initiating case

Henry E. Smith Jessamine-South Elkhorn Water District and Commissioners

Request of Counsel

Henry E Smith Bruce E. Smith, JSEWD counsel

Data Request

Parties Notice of Electronic Filing, pursuant to PSC Order entered 4/14/23, Order subsection 4

Henry E. Smith, Esq. Jessamine-South Elkhorn Water District

Order Entered: 1. This proceeding is established to investigate whether Jessamine-South Elkhorn District, and commissioners James F. Hall, Chairman; Jerry Haws, Vice Chairman, Thomas Beal, Secretary; and Clay Corman, Vice Secretary are in violation of KRS 278.300 or any other provisions of KRS Chapter 278 or 807 KAR, Chapter 5. 2. Jessamine-South Elkhorn District, and commissioners James F. Hall, Chairman; Jerry Haws, Vice Chairman; Thomas Beal, Secretary; and Clay Corman, Vice Secretary; individually and in their respective capacities as commissioners, shall submit to the Commission individual written responses to the allegations contained herein within 30 days of service of this Order. 3. Counsel for the parties shall enter an appearance or appearances within 20 days of the date of service of this Order. 4. Pursuant to 807 KAR 5:001E, Section 8(9), within seven days of the date of service of this Order, counsel for each party 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.