Kentucky Public Service Commission

Order Entered: 1. Clark Energy shall not be required to refund or credit the two accounts identified by number on page 3 of its Motion. 2. Clark Energy shall refund or credit customers and the LIHEAP administrator according to the LIFO method described herein. 3. Clark Energy shall be assessed a civil penalty of $25,000, the payment of which shall be suspended conditioned upon Clark Energy not willfully violating any statutes, regulations, orders, or tariffs within the next three years from the date of service of this order. 4. This case is closed and shall be removed from the Commission’s docket.

Responses to Rehearing Data Requests

L. Allyson Honaker Clark Energy Cooperative, Inc.

Data Request

Response to Commission Order

L. Allyson Honaker Clark Energy Cooperative, Inc.

Order Entered: 1. Clark Energy’s motion for rehearing, reconsideration and clarification is granted in part and denied in part. 2. Clark Energy’s motion for extension of time is granted. 3. Clarification is granted as indicated herein. 4. Rehearing is granted to obtain additional information on the issues of refunds for accounts receiving LIHEAP funds, refunds or credits to a payee whom Clark Energy alleged was already credited for the sum in question, and refunds or credits to a payee whom Clark Energy alleged was a joint account holder with the debtor. 5. Rehearing is denied on all other issues, including the issue of refunds or credits in general and the requirement that Clark Energy show cause why it should not be assessed civil penalties pursuant to KRS 278.990.

Motion for Extension

L. Allyson Honaker Clark Energy Cooperative, Inc.

Motion for Rehearing, Reconsideration and Clarification

L. Allyson Honaker Clark Energy Cooperative, Inc.

Order Entered: 1. Clark Energy’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. Clark Energy 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. Clark Energy is prohibited from transferring delinquent balances to different customers at different service addresses. 2. Clark Energy is prohibited from terminating service for failure of a nondelinquent party to pay a delinquent party’s balance at a different service address. 3. Clark Energy shall, within 30 days of issuance of this Order, refund or credit accounts as indicated in Appendix 1 to this Order in the amounts shown.4. Clark Energy shall, within 30 days of issuance of this Order, provide written notice by first class mail to the individuals listed in Appendix 1 to this Order, that they are being refunded or credited due to Clark Energy’s violation of KRS 278.160(2) in Case No. 2023-00005, including a URL to the case on the Public Service Commission’s website. 5. Clark Energy and its CEO shall, within 30 days of issuance of this Order, show cause why Clark Energy should not be assessed civil penalties for willful actions.

Motion to Submit

L. Allyson Honaker Clark Energy Cooperative, Inc.

Supplemental Responses to Commission Staffs First Request for Information

L. Allyson Honaker Clark Energy Cooperative, Inc.

Order Entered: 1. Clark Energy’s motion for an extension of time is granted for an additional 14 days. 2. Clark Energy shall file its responses to Commission Staff’s First Request for Information no later than April 14, 2023. 3. The amended procedural schedule set forth in the Appendix to this Order shall be followed.

Responses to Staffs First Request for Information

L. Allyson Honaker Clark Energy Cooperative, Inc.

Motion for Extension of Time

L. Allyson Honaker Clark Energy Cooperative, Inc.

Data Request

Response to Commission Order

L. Allyson Honaker Clark Energy Cooperative, Inc.

Entry of Appearance

L. Allyson Honaker Clark Energy Cooperative, Inc.

Order Entered: 1. This case is opened to investigate the alleged failure of Clark Energy to comply with KRS 278.160(2). 2. Within 20 days of the date of service of this Order, Clark Energy shall cause to be filed an entry of appearance by an attorney licensed in Kentucky. 3. Within 20 days of the date of service of this Order, said attorney shall, on behalf of Clark Energy, submit to the Commission a written response to this Order identifying all instances for which it has records in which it applied balances from one customer’s account to another customer’s account at a different service address and explaining why Clark Energy should not be assessed a penalty pursuant to KRS 278.990 for improperly assessing Geneva Trusty’s unpaid balance to Katrina Trusty’s account. 4. The procedural schedule set forth in Appendix to this Order shall be followed. This schedule shall be amended if any intervenors are joined. 5. Clark Energy shall respond to requests for information propounded by Commission Staff by the date set forth on the request, whether the request appears on the procedural schedule. 6. All documents, records, and Orders included in the record of Case No. 2022-00298 are incorporated by reference into the record of this proceeding.