Kentucky Public Service Commission

20241001_PSC Notice of Filing Hearing Documents - June 12, 2024.pdf

Kentucky Power Company’s responses to Joint Intervenors’ Post-Hearing June 14, 2024 data requests

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Company’s responses to Commission Staff’s Post Hearing June 14, 2024 data requests

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Company’s Notice of Filing Hearing Transcripts

Marilyn Michelle Caldwell Kentucky Power Company

Post-hearing Data Requests of Joint Intervenors

Byron L. Gary Joint Intervenors

Data Request

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before June 14, 2024. 2. Responses to post-hearing requests for information shall be filed on or before June 28, 2024.

Kentucky Power Company’s Witness List

Marilyn Michelle Caldwell Kentucky Power Company

IT IS THEREFORE ORDERED that Hema Lochan, Melissa Legge, and Thomas Cmar are admitted pro hac vice for the purpose of representing the Joint Intervenors in association with Byron Gary in the above-styled proceeding, provided that Bryon Gary or another member of the Kentucky Bar Association acts as co-counsel and is present at all proceedings before this Commission.

IT IS THEREFORE ORDERED that Mr. Hector Garcia Santana is admitted pro hac vice for the purpose of representing Kentucky Power in association with Ms. Katie Glass and Mr. Kenneth Gish, Jr. in the above-styled proceeding, provided that either Ms. Glass or Mr. Gish, Jr., or another member of the Kentucky Bar Association acts as co-counsel and is present at all proceedings before this Commission.

Kentucky Power Company’s Notice of Filing of Proof of Newspaper Publication

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Company filing Notice of Filing Corrected Responses to Certain Data Requests.

Scott E. Bishop Kentucky Power Company

Mountain Association, Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Kentucky Solar Energy Society’s Motions To Admit Thomas Cmar, Melissa Legge, and Hema Lochan Pro Hac Vice

Byron L. Gary Joint Intervenors

Motion For Leave To Appear Pro Hac Vice

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Company’s Notice of Filing of Request for Publication of Notice of Hearing

Marilyn Michelle Caldwell Kentucky Power Company

Order Entered: 1. Kentucky Power’s motion for preparation of a stenographic hearing transcript is granted. 2. Kentucky Power shall directly pay all costs for the court reporter(s). 3. Kentucky Power shall contact Commission Staff to schedule a time for the court reporter(s) to set up and test their equipment.

Motion for the preparation of a stenographic transcription.

Lerah M. Kahn Kentucky Power Company

Order Entered: 1. A hearing in this matter shall be held on June 12, 2024, 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 5:001, 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 June 12, 2024, hearing. 4. Kentucky Power Company (Kentucky Power) shall file a witness list at least seven days prior to the hearing date. 5. Kentucky Power shall file a witness list at least seven days prior to the hearing. 6. Kentucky Power shall give notice of the hearing in compliance with 807 KAR 5:001, 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.”

Order Entered: 1. The hearing scheduled for January 9, 2024, is canceled and will be rescheduled by separate order. 2. Nothing shall prevent the Commission from entering further orders in this case.

Kentucky Power Company’s Motion to Excuse Certain Appearances at Hearing, or in the Alternative, for Certain Individuals to Participate Virtually

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Company’s Response to Intervenor Comments

Lerah M. Kahn Kentucky Power Company

Joint Intervenors Initial Comments On Kentucky Power Companys 2022 Integrated Resource Plan and Exhibit 1, Report of Energy Futures Group on Kentucky Power Companys 2022 Integrated Resource Plan (Public Version)

Tom FitzGerald Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens Law Center, and Kentucky Solar En

Comments of Kentucky Industrial Utility Customers (KIUC)

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

Kentucky Attorney Generals IRP Comments

J. Michael West Office of the Kentucky Attorney General

Comments on IRP

Brittany Hayes Koenig LS Power Development, LLC

Kentucky Power Company’s Supplemental Response to Joint Intervenors’ Data Request 1-21(c)

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Company’s Responses to LS Power’s July 24, 2023 Data Requests

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Company’s Public Responses to Joint Intervenors’ July 24, 2023 Data Requests

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Company’s Responses to Attorney General’s and Kentucky Industrial Utility Customers, Inc.’s July 24, 2023 Data Requests

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Company’s Responses to Commission Staff’s July 24, 2023 Data Requests

Marilyn Michelle Caldwell Kentucky Power Company

Order Entered: 1. Kentucky Power’s motion to amend the procedural schedule in this case is granted. 2. The amended procedural schedule set forth in the Appendix to this Order shall be followed. 3. Kentucky Power and intervenors shall respond to all requests for information propounded by Commission Staff, whether identified in the procedural schedule or otherwise, as provided by those requests. 4. All provisions of the Commission’s Order of April 14, 2023, that are in conflict with the provisions of this Order are vacated. All other provisions of the Commission’s April 14, 2023 Order not in conflict shall remain in effect.

Supplemental Data Requests of Joint Intervenors

Byron Gary Joint Intervenors Mountain Association, Appalachian Citizens’ Law Center, Kentuckians For The Commonwealth, And Kentucky Solar E

Requests to Kentucky Power Company

L. Allyson Honaker LS Power Development LLC

Data Request

Kentucky Industrial Utility Customers and Attorney General Supplemental Data Requests to Kentucky Power

Michael L Kurtz Kentucky Industrial Utility Customers and Attorney General

Kentucky Power Company filing Motion to Amend Procedural Schedule.

Scott Edward Bishop Kentucky Power Company

Kentucky Power Company filing responses to Joint Intervenors May 22, 2023 data requests and attachments.

Scott E. Bishop Kentucky Power Company

Kentucky Power Company filing responses to the Attorney Generals and Kentucky Industrial Utility Customers, Inc.s May 22, 2023 Data Requests and attachments.

Scott E. Bishop Kentucky Power Company

Kentucky Powers responses to Commission Staffs First Set of Data Requests

Lerah M Kahn Kentucky Power Company

Order Entered: 1. A hearing in this matter shall be held on January 9, 2024, at 9 a.m. Eastern Standard 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 5:001, 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 January 9, 2024 hearing. 4. Kentucky Power Company (Kentucky Power) shall give notice of the hearing in compliance with 807 KAR 5:001, Section 9(2)(b).

Written Statement Pursuant to Order Granting Intervention

L. Allyson Honaker LS Power Development LLC

Statement of Joint Intervenors Regarding Joint Participation

Byron Gary Joint Intervenors Mountain Association, Appalachian Citizens Law Center, Kentuckians For The Commonwealth, and Kentucky Solar En

Order Entered: 1. LS Power’s motion to intervene is granted. 2. LS Power 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. LS Power shall comply with all provisions of the Commission’s regulations, 807 KAR 5:001E, Section 8, related to the service and electronic filing of documents. 4. LS Power shall adhere to the procedural schedule set forth in the Commission’s April 14, 2023 Order and as amended by subsequent Orders. 5. Pursuant to 807 KAR 5:001E, Section 8(9), within seven days of service of this Order, LS Power 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.

STATEMENT OF JOINT INTERVENORS MOUNTAIN ASSOCIATION, APPALACHIAN CITIZENS LAW CENTER, KENTUCKIANS FOR THE COMMONWEALTH, AND KENTUCKY SOLAR ENERGY SOCIETY REGARDING RECEIPT OF ELECTRONIC TRANSMISSIONS

Byron Gary Joint Intervenors, Mountain Association, Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Kentucky Solar

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 5:001E, 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 April 14, 2023 Order and as amended by subsequent Orders. 5. Pursuant to 807 KAR 5:001E, 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 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. 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.

Tendered Initial Data Requests of Joint Movants for Intervention as Joint Intervenors Mountain Association, Appalachian Citizens Law Center, Kentuckians for the Commonwealth, and Kentucky Solar Energy Society

Byron Gary Mountain Association, Appalachian Citizens Law Center, Kentuckians for the Commonwealth, and Kentucky Solar and Energy Society

Data Request

Data Requests of AG/KIUC

J. Michael West Kentucky Attorney General

Corrected Joint Motion Of Mountain Association, Appalachian Citizen’s Law Center, Kentuckians For The Commonwealth, And Kentucky Solar And Energy Society For Full Intervention As Joint Intervenors

Ashley Wilmes Mountain Association, Appalachian Citizens Law Center, Kentuckians for the Commonwealth, and Kentucky Solar and Energy Society

Motion to Intervene

L. Allyson Honaker LS Power Development LLC

Joint Motion Of Mountain Association, Appalachian Citizen’s Law Center, Kentuckians For The Commonwealth, And Kentucky Solar And Energy Society For Full Intervention As Joint Intervenors

Ashley Wilmes Mountain Association, Appalachian Citizens Law Center, Kentuckians for the Commonwealth, and Kentucky Solar and Energy Society

Notice of Witness Sharing

J. Michael West Office of the Attorney General

Order Entered: 1. Kentucky Power ’s motion for confidential treatment is granted. 2. The designated material in Exhibit I of the IRP Report and Exhibits G-2, G- 3, G-4, G-5, G-7, and G-8 of the IRP Report 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. The designated material in Exhibit I of the IRP report that contains the forecasted usage data of wholesale customers shall not be placed in the public record or made available for public inspection until Kentucky Power’s next IRP Report is filed, or until further Order of this Commission. 4. The maps contained in Exhibit F, pages 306 and 307, of the IRP Report shall not be placed in the public record or made available for public inspection for the life of the identified facilities, 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. Kentucky Power shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Kentucky Power Company filing Notice of Filing of Proof of Newspaper Publication.

Scott Bishop Kentucky Power Company

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 5:001E, 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. 3. As set forth in 807 KAR 5:001E, Section 4(11)(a), a person requesting permissive intervention in a Commission proceeding is required to demonstrate either (1) a special interest in the proceeding that is not adequately represented in the case, or (2) that the person requesting permissive intervention is likely to present issues or develop facts that will assist the Commission in fully considering the matter without unduly complicating or disrupting the proceedings. Therefore, any person requesting to intervene in a Commission proceeding must state with specificity the person’s special interest that is not otherwise adequately represented, or the issues and facts that the person will present that will assist the Commission in fully considering the matter.

Written Statement Kentucky Industrial Utility Customers (KIUC)

Michael Kurtz Kentucky Industrial Utility Customers (KIUC)

Order Entered: 1. KIUC’s motion to intervene is granted. 2. KIUC’s 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. KIUC shall comply with all provisions of the Commission’s regulations, 807 KAR 5:001E, Section 7, related to the service and filing of documents. 4. Pursuant to 807 KAR 5:001E, Section 8(9), within seven days of service of this Order, KIUC 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.

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 5:001E, Section 8, related to the service and electronic filing of documents. 4. Pursuant to 807 KAR 5:001E, 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.

Kentucky Industrial Utility Customers (KIUC) Motion to Intervene

Michael L Kurtz Kentucky Industrial Utility Customers (KIUC)

Kentucky Power Company filing the Companys Integrated Resource Planning report, Motion for Confidential Treatment, an Affidavit of Brian K. West in Support of the Motion for Confidential Treatment and the Notice to Intervenors in Case No. 2019-00443.

Scott Bishop Kentucky Power Company

Motion to Intervene

J. Michael West Kentucky Attorney General

20230313_PSC Acknowledgment Letter.pdf

Kentucky Power Company Notice of Intent to File 2022 Integrated Resource Planning Report Using Electronic Filing Procedures