Kentucky Public Service Commission

Order Entered: 1. KU’s December 7, 2022, January 9, 2023, and June 14, 2023 petitions for confidential treatment are granted. 2. The material designated in the December 7, 2022 petition and 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. 3. The material designated in the January 9, 2023 and June 14, 2023 petitions and 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. 4. 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). 5. KU shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Final Order Entered: 1. KU’s proposed Contract with Bitiki is approved effective on and after the date of this Order. 2. KU shall file an annual report with the Commission detailing revenues received from Bitiki and the marginal costs associated with serving Bitiki. 3. During any future rate proceeding, KU shall demonstrate, through detailed cost-of-service analysis, that non-EDR ratepayers are not adversely affected by the Contract. 4. KU shall file an annual report with the Commission providing the information as shown in Appendix A of Administrative 327 Order, which is attached as an Appendix to this Order. 5. Within 20 days of the date of service of this Order, KU shall file with the Commission, using the Commission’s electronic Tariff Filing System, the special contract as approved herein. 6. This case is closed and removed from the Commission’s docket.

20230720_PSC Notice of Filing Hearing Documents.pdf

Reply Brief of Bitiki-KY, LLC

Michael L Kurtz Bitiki-KY, LLC

Kentucky Utilities Company files Post-Hearing Responsive Brief

Rick E. Lovekamp Kentucky Utilities Company

Reply Brief of Joint Intervenors Kentuckians For The Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council, Inc.

Byron Gary Joint Intervenors Kentuckians For The Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources

Post-Hearing Brief of Bitiki-KY, LLC

Michael L Kurtz Bitiki-KY, LLC

Kentucky Utilities Company Memorandum Brief in support of its post-hearing position within the Bitiki EDR Special Contract review case.

Michael E. Hornung Kentucky Utilities Company

Post-Hearing Brief Of Joint Intervenors Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council, Inc

Tom FitzGerald Joint Intervenors Kentuckians For The Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources

Kentucky Utilities Companys responses to Joint Intervenors post hearing data request within the Bitiki EDER special contract review.

Michael E. Hornung Kentucky Utilities Company

Kentucky Utilities Companys responses to PSC Post Hearing Data Request within the Bitiki EDR Special Contract Review.

Michael E. Hornung Kentucky Utilities Company

Order Entered: KU’s motion for deviation from 807 KAR 5:001E, Section 9(2)(b)(2), requiring publication of notice of the May 31, 2023 hearing in a newspaper of general circulation in the areas affected by the tariff filing is granted for notice to the Middlesboro service area.

Multiple Public Comments

Joint Intervenors Post Hearing Data Requests

Byron Gary Joint Intervenors Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources

Data Request

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before June 2, 2023. 2. Responses to post-hearing requests for information shall be filed on or before June 14, 2023. 3. All parties shall file a memorandum brief, should they choose to do so, in support of their respective post-hearing position on or before June 29, 2023. 4. All parties shall file any post-hearing responsive briefs, should they choose to do so, addressing only issues raised in the initial briefs on or before July 7, 2023. 5. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time, July 8, 2023.

KU Mtn to Deviate from Rule re Publication Notice

Kendrick R. Riggs of Stoll Keenon Ogden PLLC Kentucky Utilities Company

KUs Errata Filing of Exhibits SAW-1 and SAW-2

Kendrick R. Riggs of Stoll Keenon Ogden PLLC Kentucky Utilities Company

Notice of Filing of Corrected Invoice for Admission of Thomas Cmar Pro Hac Vice

Byron Gary Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and the Kentucky Resources Council, Inc.

Kentucky Utilities Company’s submission of the Notarized Affidavit attesting to the publication of Notice of Public Hearing pursuant to Ordering Paragraph (4) of the Commission’s Order dated April 10, 2023.

Michael E Hornung Kentucky Utilities Company

Order Entered: 1. Joint Intervenors’ motion for Stacy Sherwood and Chelsea Hotaling to participate virtually in the May 31, 2023 hearing is granted. 2. Commission Staff shall contact participants with instructions for participating remotely.

Entry of Appearance

Byron Gary Joint Intervenors Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and the Kentucky Resour

Motion of Joint Intervenors Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council for Leave to Allow Witnesses Stacy Sherwood and Chelsea Hotaling to Testify Virtually and for Witness Stacy Sh

Tom FitzGerald Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Kentucky Solar Energy Society, and Kentucky Resources

Kentucky Utilities Company’s Hearing Notice preparation documents, including instructions for KY Press, Inc. and the hearing notice draft.

Michael E Hornung Kentucky Utilities Company

IT IS THEREFORE ORDERED that Hema Lochan and Thomas Cmar are admitted pro hac vice for the purpose of representing collectively Joint Intervenors in association with Tom Fitzgerald and Ashly Wilmes in the above-styled proceeding, provided that Tom FitzGerald, Ashly Wilmes, or another member of the Kentucky Bar Association acts as co-counsel and is present at all proceedings before this Commission. Furthermore, Joint Intervenors shall file proof that Hema Lochan, and Thomas Cmar have been certified to practice before the Commission in this case by the Kentucky Bar Association under Supreme Court Rule 3.030(2) within ten days of service of this Order.

Motion of Joint Intervenors Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council, Inc. To Admit Thomas Cmar Pro Hac Vice; Motion of Joint Intervenors Kentuckians for the Commonwealth, Kentuck

Tom FitzGerald Joint Intervenors Kentuckians For The Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources

Order Entered: 1. The motion to reschedule the hearing is granted. 2. A hearing in this matter shall be held on May 31, 2023, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 3. Pursuant to 807 KAR 5:001E, Section 2, if the hearing is not concluded on the designated day, the hearing shall 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 any hearing scheduled in this matter. 5. KU 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.

Response of Joint Intervenors To Motion of Kentucky Utilities Company To Amend Procedural Schedule

Tom FitzGerald Joint Intervenors Kentuckians For The Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources

KU files a corrected cover letter regarding the Hearing Notice to KY Press

Rick E. Lovekamp Kentucky Utilities Company

Kentucky Utilities Company Hearing Notice Request to KY Press

Rick E. Lovekamp Kentucky Utilities Company

KU Motion to Amend Procedural Schedule

W. Duncan Crosby III of Stoll Keenon Ogden PLLC Kentucky Utilities Company

Order Entered: 1. A hearing in this matter shall be held on April 12, 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 requests for information shall participate in person at the April 12, 2023 hearing. 4. KU 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, KU 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.

Request for Hearing of Joint Intervenors

Ashley Wilmes Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council, Inc

KUs Motion to Submit Case for Decision on the Record

W. Duncan Crosby III of Stoll Keenon Ogden PLLC Kentucky Utilities Company

Kentucky Utilities Companys ("KU") Rebuttal Testimony in review of Special Contract EDR - Bitiki-KY

Michael E. Hornung Kentucky Utilities Company

Corrected Joint Intervenors Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council, Inc. Response To Data Requests From Commission Staff, With Attachment

Tom FitzGerald Joint Intervenors Kentuckians For The Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources

Joint Intervenors Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council, Inc. Response To Data Requests From Commission Staff and Joint Intervenors Kentuckians for the Commonwealth, Kentucky S

Tom FitzGerald Joint Intervenors Kentuckians For The Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources

Kentucky Utilities Company’s (“KU”) Requests for Information to the Joint Intervenors – Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council (“Joint Intervenors”).

Michael E. Hornung Kentucky Utilities Company

Data Request

Testimony of Chelsea Hotaling and Testimony of Stacy Sherwood On Behalf Of Joint Intervenors Kentuckians For The Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council, Inc.

Tom FitzGerald Joint Intervenors Kentuckians For The Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources

Kentucky Utilities Company’s (“KU”) Responses to Joint Intervenors’ (Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council, Inc.) Supplemental Data Requests within the EDR Bitiki-KY review cas

Michael E. Hornung Kentucky Utilities Company

Kentucky Utilities Company’s (“KU”) Responses to Commission Staff’s Second Request within the Bitiki-KY EDR review case.

Michael E. Hornung Kentucky Utilities Company

Statement of Joint Intervenors Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association and Kentucky Resources Council, Inc. Regarding Joint Participation In This Proceeding

Tom FitzGerald Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Kentucky Solar Energy Society, and Kentucky Resources

STATEMENT OF JOINT INTERVENORS KENTUCKIANS FOR THE COMMONWEALTH, KENTUCKY SOLAR ENERGY SOCIETY, MOUNTAIN ASSOCIATION, AND KENTUCKY RESOURCES COUNCIL, INC. REGARDING RECEIPT OF ELECTRONIC TRANSMISSIONS

Tom FitzGerald Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Kentucky Solar Energy Society, and Kentucky Resources

SUPPLEMENTAL DATA REQUESTS OF JOINT INTERVENORS KENTUCKIANS FOR THE COMMONWEALTH, KENTUCKY SOLAR ENERGY SOCIETY, MOUNTAIN ASSOCIATION, AND KENTUCKY RESOURCES COUNCIL, INC.

Tom FitzGerald Kentucky Resources Council, Inc.

Data Request

Order Entered: 1. Joint Movants’ motion to intervene is granted. 2. Joint Movants are 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. Joint Movants 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. Joint Movants shall adhere to the procedural schedule set forth in the Commission’s November 4, 2022 Order and as amended by subsequent Orders. 5. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of service of this Order, Joint Movants shall file a written statement with the Commission that: a. Certifies that they, or their agent, possess 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. 6. Each of the Joint Movants shall file a separate copy with the Commission of their individual agreement regarding their joint participation in this matter within ten days of entering into the agreement.

Order Entered: 1. Bitiki’s motion to intervene is granted. 2. Bitiki 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. 3. Bitiki shall adhere to the procedural schedule set forth in the Commission’s November 4, 2022 Order and as amended by subsequent Orders. 4. Bitiki 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. 5. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of service of this Order, Bitiki 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.

KU responses to PSC Initial Data Request within EDR contract review - Bitiki-KY

Michael E. Hornung Kentucky Utilities Company

KU responses to Joint Intervenors Initial data requests.

Michael E. Hornung Kentucky Utilities Company

Tendered Initial Data Requests Of Joint Movants For Intervention as Joint Intervenors Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council, Inc.

Tom FitzGerald Joint Movants For Intervention Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentuc

Data Request

Please find enclosed and accept for filing a Notice of Entry of Appearance of Counsel and a Written Statement of Electronic Submissions on behalf of Kentucky Utilities Company.

Michael E. Hornung Kentucky Utilities Company

Joint Motion of Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council for Full Intervention as Joint Intervenors

Ashley Wilmes Kentuckians for the Commonwealth, Kentucky Solar Energy Society, Mountain Association, and Kentucky Resources Council

MOTION TO INTERVENE OF BITIKI-KY, LLC

Michael L Kurtz Bitiki-KY, LLC

Order Entered: 1. This proceeding is established to investigate the reasonableness of the proposed EDR Contract. 2. KU’s proposed EDR Contract is suspended for five months from November 6, 2022, up to and including April 5, 2023. 3. KU shall, by counsel, enter an appearance in this proceeding within seven days of the date of service of this Order. The entry of appearance shall include the name, address, telephone number, fax number, and electronic mail address of counsel. 4. Unless otherwise ordered by the Commission, the procedures set forth in 807 KAR 5:001, Section 8, related to service and electronic filing of papers shall be followed in this proceeding. 5. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of service of this Order, KU shall file by electronic means a written statement that it waives any right to service of Commission Orders by United States mail and that it or its authorized agent possess the facilities to receive electronic submissions.

KU Contract Filing