Kentucky Public Service Commission

Final Order Entered: 1. The rates and charges proposed by Fleming-Mason Energy are denied. 2. The rates and charges, as set forth in Appendix B to this Order, are approved as fair, just and reasonable rates for Fleming-Mason Energy, and these rates and charges are approved for service rendered on and after the date of entry of this Order. 3. Within 20 days of the date of entry of this Order, Fleming-Mason Energy shall file with the Commission, using the Commission’s electronic Tariff Filing System, new tariff sheets setting forth the rates and charges approved herein and reflecting its effective date and that it was authorized by this Order. 4. This case is closed and removed from the Commission’s docket.

Order Entered: pursuant to KRS 278.190(2), Fleming-Mason Energy shall maintain its records in such a manner as will allow it, the Commission, or any customer to determine the amounts to be refunded, and to whom, in the event a refund is ordered upon final resolution of this matter.

Fleming-Mason Energy Cooperative Inc. Amended Notice of Intention to Implement Proposed Rates and Read First Letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Fleming-Mason Energy Cooperative Inc.s Notice of Intent to Implement Proposed Rates per KRS 278.190(2) and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Fleming-Mason Energy Notice of Filing Responses to Commission 4th Request for Information, Items 2 and 3, and Attorney General 3rd Request for Information Item 9 per Order of the Commission of February 26, 2024

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Fleming-Mason Energy January rate case expenses and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Order Entered: 1. Fleming-Mason Energy’s January 19, 2024 motion for confidential treatment for attachments to Fleming-Mason Energy’s response to Staff’s Fourth Request, Items 2 and 3, and an attachment to Fleming-Mason Energy’s response to the Attorney General’s Third Request, Item 9, is granted in part and denied in part. 2. Fleming-Mason Energy’s January 19, 2024 motion for confidential treatment for the line-item hourly wages of contractor employees contained in Fleming-Mason Energy’s responses to Staff’s Fourth Request, Item 2, attachment and the Attorney General’s Third Request, Item 9; and the employee numbers and non-executive compensation in Fleming-Mason Energy’s response to Staff’s Fourth Request, Item 3, attachment is granted. 3. Fleming-Mason Energy’s January 19, 2024 motion for confidential treatment for any aggregate personnel spending figures and the rest of the information in the right-of-way contracts for the winning bids contained in Fleming-Mason Energy’s response to Staff’s Fourth Request, Item 2, and the Attorney General’s Third Request, Item 9; and executive information contained in Fleming-Mason’s response to Staff’s Fourth Request, Item 3, attachment is denied. 4. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for ten years or until further order of this Commission.

Reply Memorandum of Fleming-Mason Energy and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Attorney Generals Reply Brief

J. Michael West Office of the Attorney General

Fleming-Mason Energys Memorandum in Support of Application for General Adjustment of Rates and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Memorandum Brief

J. Michael West Office of the Attorney General

Order Entered: 1. The procedural schedule established on December 21, 2023, is amended. 2. Fleming-Mason Energy and the Attorney General’s requests to file written briefs on the matter are granted. 3. All parties that choose to do so may file a memorandum brief in support of their respective positions on or before February 9, 2024. 4. All parties that choose to do so may file a reply brief, responding to issues raised in other parties’ respective briefs, on or before February 16, 2024. 5. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time on February 17, 2024.

Fleming-Mason Energys supplemental response to Commission Staffs third Request for Information, Item 3-8, and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Fleming-Mason Energy request to submit on written record and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Notice Regarding Hearing

J. Michael West Office of the Kentucky Attorney General

Motion for Confidential Treatment by Fleming-Mason Energy and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Fleming Mason Energy response to OAG supplemental 3rd Request for Information and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Fleming-Mason Energy response to Commission Staff 4th request for information and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Updated rate case expenses for November and December 2023 and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

20240109_PSC Letter Filing IC Memo into the Record.pdf

Data Request

Second Supplemental Data Requests

J. Michael West Office of the Kentucky Attorney General

Order Entered: 1. Fleming-Mason Energy’s November 20, 2023 motion for confidential treatment for is granted in part and denied in part. 2. Fleming-Mason Energy’s motion for confidential treatment for both executive and non-executive employee numbers and for non-executive compensation contained in the attachment to Fleming-Mason Energy’s response to Staff’s Third Request, Item 6 is granted. 3. Fleming-Mason Energy’s motion for confidential treatment for executive compensation information contained in the attachment to Fleming-Mason Energy’s response to Staff’s Third Request, Item 6 is denied. 4. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for ten years 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 5:001, Section 13(9). 6. Fleming-Mason Energy shall inform the Commission if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment.

Fleming-Mason Energy rebuttal testimony of Consultant John Wolfram and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Notice of filing supplemental response to Commission Staffs second data request, Item 15, redacted per Order of Commission December 21, 2023 and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Order Entered: 1. Fleming-Mason 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 ten years 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. Fleming-Mason 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. 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, Fleming-Mason Energy 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.

Order Entered: 1. Fleming-Mason Energy’s October 24, 2023 motion for confidential treatment is granted in part and denied in part. 2. Fleming-Mason Energy’s motion for confidential treatment for both executive and non-executive employee numbers and for non-executive compensation information contained in Fleming-Mason Energy’s response to Staff’s Second Request, Item 15, is granted. 3. Fleming-Mason Energy’s motion for confidential treatment for executive compensation information contained in Fleming-Mason Energy’s response to Staff’s Second Request, Item 15, is denied. 4. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for ten years 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 5:001, Section 13(9). 6. Fleming-Mason 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.

Order Entered: 1. The procedural schedule attached as an Appendix to the Commission’s September 28, 2023 Order is amended, and the procedural schedule as set forth in the Appendix to this Order shall be followed. 2. An IC is scheduled on January 8, 2024 at 10 a.m. Eastern Standard Time. 3. Commission Staff will contact participants by electronic mail to provide details for joining the conference by video link. 4. All provisions of the Commission’s Order of September 28, 2023, not in conflict with this Order, shall remain in full force and effect. 5. Nothing contained herein shall prevent the Commission from entering future orders in this matter.

Data Request Responses

J. Michael West Office of the Kentucky Attorney General

Fleming-Mason Energy Request for Information to Kentucky Attorney General and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Updated Rate Case expenses and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Direct Testimony of Attorney Generals Expert Witness

J. Michael West Office of the Kentucky Attorney General

Motion for Confidential Treatment by Fleming Mason Energy re Commission Staff 3rd Request for Information Item 6 and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Fleming-Mason Energy response to Commission Staffs 3rd Request for Information and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Fleming-Mason Energy response to AG supplemental Request for Information and Read First Letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Notice of filing Responses to Commission first request for information, Items 16 and 29, and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Data Request

Fleming-Mason Energy supplemental response to Attorney General request for information 1-1 and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Supplemental Data Requests of OAG

J. Michael West Office of the Kentucky Attorney General

Fleming-Mason Energy Motion for Confidential Treatment re Commission Second Data Request No. 15 and Read First Letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Fleming-Mason response to Commission Staff 2nd Request for Information and Read First letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Fleming-Mason Energy Response to Attorney General first Request for Information and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Motion for Confidentiality re Compensation Plan Report and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Notice of Filing Response to Request for Information Item 20 per Order of Oct 18, 2023, and Read First Letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Order Entered: 1. Fleming-Mason Energy’s motion for confidential treatment for its responses to Staff’s First Request, Items 16, 17, 20, and 29, is granted in part and denied in part. 2. Fleming-Mason Energy’s motion for confidential treatment for the non- executive compensation provided in response to Staff’s First Request, Items 16 and 29, is granted. 3. Fleming-Mason Energy’s motion for confidential treatment for executive compensation information provided in response to Staff’s First Request, Items 16, 20, and 29, and its response to Staff’s First Request, Item 17, is denied. The Commission directs Fleming-Mason Energy to refile an updated confidentiality motion for the wage, salary, and study once it has been filed in the record. 4. The designated material granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for ten years 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 5:001, Section 13(9). 6. Fleming-Mason Energy shall inform the Commission if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment.

Read first letter and supplemental response to Commission first data request, item 35c, updated rate case expenses

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Data Request

Notice of Additional Counsel

J. Michael West Office of the Kentucky Attorney General

Attorney Generals First Set of Data Requests

J. Michael West Office of the Kentucky Attorney General

20231003_PSC Letter Filing IC Memo into the Record.pdf

Order Entered: 1. Fleming-Mason Energy’s proposed rates are suspended for five months, up to and including March 1, 2024. 2. The procedural schedule set forth in the Appendix to this Order shall be followed. 3. Fleming-Mason Energy shall respond to all requests for information propounded by Commission Staff, whether identified on the procedural schedule or otherwise, as provided in those requests. 4. 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. 2020-00085³ regarding filings with the Commission. 5. As set forth in 807 KAR 5:001, 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.

IT IS THEREFORE ORDERED that Fleming-Mason Energy’s deficiencies have been cured and its application is deemed filed on August 28, 2023.

Order Entered: 1. Fleming-Mason Energy has cured the deficiency for 807 KAR 5:001, Section 16(4)(i). 2. Fleming-Mason Energy has not cured the deficiency for 807 KAR 5:001, Section 16(4)(g). 3. Fleming-Mason Energy’s motion for a deviation of 807 KAR 5:001, Section 16(4)(g) is denied. 4. Fleming-Mason Energy’s motion for an IC is granted. 5. Fleming-Mason Energy’s application is deficient regarding 807 KAR 5:001, Section 16(4)(e). 6. A virtual IC is scheduled on September 20, 2023, at 10 a.m. Eastern Daylight Time. 7. Commission Staff will contact the parties with instructions how to participate in the virtual IC.

Motion for Confidential Treatment and Read First letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Response of Fleming-Mason Energy to Commissions First Request for Information and read first letter.

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Read first letter and Response to Notice of Deficiency of August 21, 2023, and in the alternative motion for deviation from Application rules.

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

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 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.

20230821_PSC Deficiency Letter.pdf

OAGs Motion to Intervene

J. Michael West Office of the Kentucky Attorney General

Response to Notice of filing deficiency and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Data Request

20230811_PSC Deficiency Letter.pdf

Application for General Rate Adjustment with exhibits and read first letter.

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

Notice of Intent to File Application for Rate Adjustment and read first letter

Earl Rogers III Fleming-Mason Energy Cooperative, Inc.

20230629_PSC Acknowledgment Letter.pdf

Fleming-Mason Energy Cooperative, Inc. Notice of Intent to File an Application for a General Adjustment of Rates Using Electronic Filing Procedures