Kentucky Public Service Commission

Order Entered: 1. Kenergy’s December 13, 2023 petition for confidential treatment for certain responses to the Attorney General’s First Request is granted, in part, and denied, in part. 2. Kenergy’s December 13, 2023 petition for confidential treatment for Kenergy’s response to the Attorney General’s First Request, Item 24, Item 25(i), and non- executive compensation information in Item 59(a) and (c) is granted. 3. Kenergy’s December 13, 2023 petition for confidential treatment for Kenergy’s response to the Attorney General’s First Request, winning bids contained in Item 25(o); executive compensation information in Items 59(a) and (c); and Items 59(b) and 59(d)-(j) 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 five 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. If the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment, Kenergy shall inform the Commission and file with the Commission an unredacted copy of the designated material.

Order Entered: 1. Kenergy's proposed revisions to its “fixed” budget billing plan, as described in its petition for rehearing, are approved for services rendered on and after October 1, 2025. Likewise, the levelized budget billing plan is approved for services rendered on and after October 1, 2025. 2. Within 20 days of the date of service of this Order, Kenergy shall file with the Commission, using the Commission’s electronic Tariff Filing System, its revised tariff sheets reflecting that the current “fixed” budget billing plan will expire September 30, 2025, that the proposed “fixed” budget billing plan and levelized budget billing plan will be effective October 1, 2025, and reflecting that the revisions were authorized pursuant to this Order. 3. This case is now closed and removed from the Commission's docket.

20241209_Letter Filing IC Memo and Attendance Roster into the Record.pdf

Order Entered: 1. Kenergy’s motion for an IC is granted. 2. Kenergy’s motion for an extension of time is granted. 3. An IC is scheduled on December 2, 2024, at 11 a.m. Eastern Standard Time. 4. Commission Staff will contact participants by electronic mail to provide details for joining the conference by video link. 5. Kenergy shall file its response to Staff’s Third Rehearing Request no later than December 12, 2024.

Response to Staffs 3rd Rehearing Request

Nicholas D Kafer

Motion for Informal Conference and Extension of Time

Nicholas D Kafer Kenergy Corp.

Data Request

Motion to Submit

Nicholas D. Kafer Kenergy Corp.

Kenergys Verified Response to Commission Staffs Second Rehearing Request for Information

Nicholas D. Kafer Kenergy

Data Request

OAG Notice and Recommendation on Rehearing

Lawrence Cook Kentucky Office of the Attorney General

Kenergys Verified Response to Commission Staffs Request for Information

Nicholas D Kafer Kenergy Corp

Data Request

Order Entered: 1. Kenergy’s petition for rehearing is granted. 2. The procedural schedule set forth in the Appendix to this Order shall be followed. 3. Kenergy 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. The remainder of the July 31, 2024 Order not in conflict with this Order remains in effect.

Petition for Rehearing on limited issue of consequential changes to tariff

Nicholas D Kafer Kenergy Corp.

Final Order Entered: 1. The rates and charges proposed by Kenergy 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 Kenergy, and these rates and charges are approved for service rendered on and after the date of entry of this Order. 3. Kenergy’s proposal to remove the Rural Economic Reserve Adjustment Rider from its tariff is approved. 4. Kenergy’s proposal to implement a Levelized Budget Billing Payment Plan, as revised herein, is approved. 5. Kenergy’s proposal to terminate the current Budget Billing Plan is denied. 6. Kenergy’s proposal to remove from its tariff the option for customers to pay one-half of their deposit prior to providing service and making installments for the remaining half over a period not to exceed the first two normal billing periods is denied. 7. Kenergy’s proposal to clarify that residential deposits may be waived at the time service is requested is approved. 8. Kenergy’s proposal to increase the residential deposit amount to $366 is approved. 9. Kenergy’s proposed revisions to the Partial Payment Plan section of its tariff is approved. 10. Within 20 days of the date of service of this Order, Kenergy shall file its revised tariffs, setting out the rates, charges, and modifications approved or as required herein and reflecting that they were authorized pursuant to this Order. 11. This case is closed and removed from the Commission’s docket.

Order Entered: pursuant to KRS 278.190(2), Kenergy shall maintain its records in such 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.

Read First Letter

j CHRISTOPHER HOPGOOD Kenergy Corp.

OAG Final Brief

Lawrence Cook Kentucky Office of the Attorney General

Read First letter

j CHRISTOPHER HOPGOOD Kenergy Corp.

Order Entered: 1. The procedural schedule established on January 16, 2024, is amended. 2. Kenergy and the Attorney General’s joint motion to file written briefs on the matter is granted. 3. All parties that choose to do so may file a brief in support of their respective positions on or before March 6, 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 March 13, 2024. 5. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time on March 14, 2024.

Notice of Intent to Place Rates into Effect Subject to Refund

J Christopher Hopgood Kenergy Corp.

Joint Motion to Waive Formal Hearing

J Christopher Hopgood Kenergy

Kenergy Rebuttal Testimony

Steve Thompson

Kenergys Response to the Commission Staffs Fourth Request for Information

Steve Thompson

OAGs Responses to Data Requests of Staff and Kenergy

Lawrence Cook Kentucky Office of the Attorney General

Data Request

Data Request

Data Requests to Attorney General

J Christopher Hopgood Kenergy Corp.

Order Entered: 1. The procedural schedule established on October 12, 2023, is amended. 2. Supplemental requests for information to Kenergy shall be filed no later than January 19, 2024, with responses to those requests due no later than January 29, 2024. 3. The date for Kenergy or any Intervenor to request a hearing or that the case be submitted for decision based on the record shall be no later than February 16, 2024. 4. All provisions of the Commission’s October 12, 2023 Order that are in conflict with the provisions of this Order are vacated, and all other provisions not in conflict with the provisions of this Order shall remain in effect.

OAG Direct Testimony

Lawrence Cook Kentucky Office of the Attorney General

Supplement to AGs Data Requests - Items 1, 9, 13 45

J Christopher Hopgood Kenergy Corp.

Second Supplemental Data Response; Staff 1, Item 38(c)

J Christopher Hopgood Kenergy Corp.

Supplement to Attorney General Data Requests 25(l)

J Christopher Hopgood Kenergy Corp.

Response to Attorney Generals 2nd Request for Information

Steve Thompson

Response to Commission Staffs 3rd Request for Information

Steve Thompson

Amended Petition for Confidentiality Supplement

J Christopher Hopgood Kenergy Corp.

Notice of Filing Supplementing Responses to AGs Initial Requests

J Christopher Hopgood Kenergy Corp.

The Commission HEREBY ORDERS, nunc pro tunc, that: 1. The reference to East Kentucky Power Cooperative, Inc. (EKPC) on page 3, question 5(b) is stricken and replaced with Big Rivers Electric Corporation (BREC). 2. All other provisions of Staff’s Third Request that are not in conflict with the terms of this Order shall remain in effect.

Supplement to AG Data Requests; Excel spreadsheet

J Christopher Hopgood Kenergy Corp.

IT IS THEREFORE ORDERED that Kenergy refile, as set forth in this Order, its petition for confidential treatment for its responses to Attorney General’s First Request within 14 days of this Order.

Kenergys Supplement to AG Data Requests

J Christopher Hopgood Kenergy Corp.

Supplemental Response to Staffs First Data Request, Items 38(c)

J Christopher Hopgood Kenergy Corp.

OAGs SUPPLEMENTAL DATA REQUESTS

Lawrence Cook Kentucky Office of the Attorney General

Data Request

Supplemental Responses to AGs Data Requests

J Christopher Hopgood Kenergy Corp.

Petition for Confidential Treatment as to Certain AG Data Request Responses

J Christopher Hopgood Kenergy Corp.

Kenergy response to the Attorney General first data request

Steve Thompson

Kenergy response to PSC second data request

Steve Thompson

Order Entered: 1. Kenergy’s petition 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 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. Kenergy 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, Kenergy 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. If Kenergy is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. 6. The Commission shall not make the requested material available for inspection for 30 days from the date of service of an Order finding that the material no longer qualifies for confidential treatment in order to allow Kenergy to seek a remedy afforded by law.

OAGs INITIAL DATA REQUESTS

Lawrence Cook KENTUCKY OFFICE OF THE ATTORNEY GENERAL

Data Request

Order Entered: 1. Kenergy’s proposed rates are suspended for five months, up to and including April 1, 2024. 2. The procedural schedule set forth in the Appendix to this Order shall be followed. 3. Kenergy 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. 2020-00085¹ regarding filings with the Commission.

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.

20231004_PSC No Deficiency Letter.pdf

OAG Motion to Intervene

Lawrence Cook KENTUCKY OFFICE OF THE ATTORNEY GENERAL

Petition for Confidential Treatment

J Christopher Hopgood Kenergy Corp.

Kenergy Response to Commission Staffs First Data Request

Steve Thompson

Kenergys Application

Steve Thompson

Data Request

Notice of Intent to file a General Adjustment in Rates Application no sooner than 30 days and no later than 60 days from todays date

J Christopher Hopgood Kenergy Corp.

20230814_PSC Acknowledgment Letter.pdf

Kenergy Corp. Notice of Intent to File an Application for a General Adjustment of Rates Using Electronic Filing Procedures