Kentucky Public Service Commission

Order Entered: 1. BREC’s motion for reconsideration is granted. 2. Confidential treatment is granted for columns F though I of the spreadsheets provided in response to Joint Intervenors’ First Request, Item 9, and Staff’s Post-Hearing Request), Item 1. 3. The remainder of the September 10, 2024 Order not in conflict with this Order remains in effect. 4. This case is closed and removed from the Commission’s docket.

Final Order Entered: 1. BREC shall file its next IRP no later than September 29, 2026. 2. This case is closed and removed from the Commission’s docket.

Order Entered: 1. BREC’s February 21, 2024 motion for confidential treatment of Item 9 of the response to Joint Intervenor’s First Request denied. 2. BREC is granted leave to amend the motion and establish the specific ground pursuant to KRS 61.878 and 807 KAR 5:001 Section 13 for classifying the material as confidential by citing to a specific statutory exemption, and providing reasons that the material is exempt. 3. BREC’s June 21, 2024 motion for confidential treatment is denied in part and granted in part. 4. BREC’s motion for confidential treatment of Item 9 response to Staff’s Post- Hearing Request for Information is denied. 5. BREC is granted leave to amend the motion and establish the specific ground pursuant to KRS 61.878 and 807 KAR 5:001 Section 13 for classifying the material as confidential by citing to a specific statutory exemption, and providing reasons that the material is exempt. 6. BREC’s motion for confidential treatment of the annual fixed and variable O&M costs for the D.B. Wilson Plant’s SCR system, Item 4 response to Joint Intervenor’s Post-Hearing Request is granted. 7. 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.

Sierra Clubs Comments on Staff Report

Joe Childers Sierra Club

Comments of Joint Intervenors on Commission Staff Report

Byron L. Gary Joint Intervenors

OAG Comments on Staff Report

Lawrence Cook Kentucky Office of the Attorney General

Big Rivers Response to the Commission Staffs Report

Senthia Santana Big Rivers Electric Corporation

20240829_PSC Notice of Filing Hearing Documents - May 22, 2024.pdf

Order Entered: 1. The Commission Staff’s Report on BREC’s 2023 IRP shall represent the final substantive action in this matter. 2. Any party desiring to file comments regarding the Commission Staff’s Report on BREC’s 2023 IRP shall do so on or before September 6, 2024. 3. An Order closing this case and removing it from the Commission docket shall be issued after the period for comments on the Commission Staff’s Report has expired.

Order Entered: 1. The procedural schedules established on November 3, 2023, and May 31, 2024, are amended. 2. Commission Staff’s Report shall be filed on August 23, 2024. 3. Any party desiring to file written comments regarding Commission Staff’s Report shall do so no later than September 6, 2024. 4. All provisions of the Commission’s November 3, 2023 and May 31, 2024 Orders not in conflict with the provisions of this Order shall remain in effect.

Sierra Club’s Responses to Supplemental Post-Hearing Comments

Joe Childers Sierra Club

Big Rivers Response to Intervenors Post-Hearing Comments

Edward T. Depp Big Rivers Electric Corporation

Post-Hearing Supplemental Comments of Joint Intervenors

Byron L. Gary Joint Intervenors

OAG Supplemental Comments

Lawrence Cook Kentucky Office of the Attorney General

Supplemental post hearing comments

Joe Childers Sierra Club

Supplemental Post-Hearing Comments of Kentucky Industrial Utility Customers (KIUC)

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

Order Entered: 1. BREC’s February 16, 2024 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 five 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. If the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment, BREC shall inform the Commission and file with the Commission an unredacted copy of the designated material. 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, BREC 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 BREC is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection.

Order Entered: 1. BREC’s motion for reconsideration is granted. 2. BREC’s January 5, 2024 motion for confidential treatment for commercial pricing node descriptor contained in BREC’s response to Staff’s First Request, Item 8, is granted. 3. The remainder of the May 20, 2024 Order not in conflict with this Order remains in effect.

Big Rivers Electric Corporations Responses to Joint Intervenors Post-Hearing Request for Information

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Responses to Sierra Clubs Post-Hearing Request for Information

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Responses to Commission Staffs Post-Hearing Requests for Information

Edward T. Depp Big Rivers Electric Corporation

Motion for Partial Rehearing of Public Service Commissions May 20, 2024 Order.

Edward T. Depp Big Rivers Electric Corporation

POST-HEARING DATA REQUESTS OF JOINT INTERVENORS KENTUCKIANS FOR THE COMMONWEALTH AND KENTUCKY RESOURCES COUNCIL

Tom FitzGerald Joint Intervenors Kentuckians For The Commonwealth and Kentucky Resources Council

Data Request

Order Entered: 1. Sierra Club’s May 20, 2024 pro hac vice motions are granted. 2. Joint Intervenors’ request that the Commission take administrative notice of the Federal Register Vol. 88, No. 94 is granted. 3. Post-hearing requests for information, if any, shall be filed on or before May 31, 2024. 4. Responses to post-hearing requests for information shall be filed on or before June 21, 2024. 5. Any party shall file supplemental post-hearing comments, if any, on or before July 2, 2024. 6. Any party shall file its response, if any, to other parties’ supplemental post- hearing comments on or before July 19, 2024. 7. Commission Staff’s Report on Big Rivers Electric Corporation’s 2023 Integrated Resource Plan shall be filed into the record no later than August 2, 2024. 8. Any party desiring to file written comments regarding Commission Staff’s Report shall do so no later than August 23, 2024. 9. All provisions of the Commission’s November 3, 2023 Orders not in conflict with the provisions of this Order shall remain in effect.

Sierra Clubs Corrected Post Hearing Data Requests

Joe Childers Sierra Club

Sierra Clubs Post Hearing Data Requests

Joe Childers Sierra Club

Sierra Clubs Notice of Withdrawal and Substitution of Counsel

Joe Childers Sierra Club

Motions to Admit NIhal Shrinath and Patrick Woolsey Pro Hac Vice

Joe Childers Sierra Club

Motions to Admit NIhal Shrinath and Patrick Woolsey Pro Hac Vice

Joe Childers Sierra Club

Order Entered: 1. BREC’s January 5, 2024 motion for confidential treatment for designated material contained in BREC’s responses to Staff’s First Request, Attorney General’s First Request, and Joint Intervenors’ First Request is granted, in part, and denied, in part. 2. BREC’s January 5, 2024 motion for confidential treatment for the designated material contained in BREC’s responses to Staff’s First Request, Attorney General’s First Request, and Joint Intervenors’ First Request, except for the commercial pricing node descriptor contained in BREC’s response to Staff’s First Request, Item 8, is granted. 3. BREC’s January 5, 2024 motion for confidential treatment for commercial pricing node descriptor contained in BREC’s response to Staff’s First Request, Item 8, 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 except for information related to vulnerabilities in BREC’s transmission system which is granted confidential treatment indefinitely 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).

Notice of Filing and attached affidavits

Edward T. Depp Big Rivers Electric Corporation

Notice of Filing Publication Tear sheets

Edward T. Depp Big Rivers Electric Corporation, Kenergy Corp.

Notice of Adoption

Edward T. Depp Big Rivers Electric Corporation, Kenergy Corp.

Notice of Substitution

John Lavanga Big Rivers Electric Corporation, Kenergy Corp.

Order Entered: 1. BREC’s September 29, 2023 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 five years, except for the transmission maps which shall be granted confidential treatment indefinitely, 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. If the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment, BREC shall inform the Commission and file with the Commission an unredacted copy of the designated material. 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, BREC 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 BREC is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection.

Publication Request for Notice of Public Hearing

Senthia Santana Big Rivers Electric Corporation

Big Rivers Response to Intervenors Written Comments

Edward T. Depp Big Rivers Electric Corporation

Order Entered: Kathryn Huddleston is admitted pro hac vice for the purpose of representing Sierra Club in association with Joe Childers in the above- styled proceeding, provided that Joe Childers or another member of the Kentucky Bar Association acts as co-counsel and is present at all proceedings before this Commission.

Notice of Filing

Edward T. Depp Big Rivers Electric Corporation

Comments of Joint Intervenors

Byron L. Gary Joint Intervenors

Sierra Clubs Comments

Joe F. Childers Sierra Club

Sierra Clubs Motion to Admit Kathryn Huddleston Pro Hac Vice

Joe F. Childers Sierra Club

Comments of Kentucky Industrial Utility Customers (KIUC)

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

OAGs Comments

Lawrence Cook Kentucky Office of the Attorney General

Witness Verifications for supplemental responses to Kentuckians for the Commonwealth/Kentucky Resource Council Requests for Information

Edward T. Depp Big Rivers Electric Corporation

Order Entered: Thomas Cmar, Mychal Ozaeta, and Shannon Fisk are admitted pro hac vice for the purpose of representing Joint Intervenors in association with Tom FitzGerald, Ashley Wilmes, and Bryon Gary, in the above-styled proceeding, provided that Tom FitzGerald, Ashley Wilmes, and Bryon Gary, or another member of the Kentucky Bar Association acts as co-counsel and is present at all proceedings before this Commission.

Big Rivers Electric Corporations Supplemental Responses to Kentuckians for the Commonwealth and Kentucky Resource Councils First Requests for Information and verification pages

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Responses to Kentuckians for the Commonwealth and Kentucky Resource Councils Second Requests for Information

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Responses to Sierra Clubs Supplemental Requests for Information

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Responses to the Office of the Attorney Generals Supplemental Requests for Information

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Responses to Commission Staffs Second Requests for Information

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Supplemental Response to Kentuckians for the Commonwealth and Kentucky Resource Councils First Requests for Information Request Nos. 1, 37, and 40

Edward T. Depp Big Rivers Electric Corporation

Motions to Admit Thomas Cmar, Shannon Fisk, and Mychal Ozaeta Pro Hac Vice

Byron L. Gary Joint Intervenors

Supplemental Data Requests

Byron L. Gary Joint Intervenors

Sierra Clubs Post-Intervention Statement

Joe F. Childers Sierra Club

Sierra Clubs Supplemental Requests for Information to Company

Joe F. Childers Sierra Club

Data Request

OAGs Supplemental Data Requests

Lawrence Cook Kentucky Office of the Attorney General

Big Rivers Electric Corporations Corrected Responses to Commission Staff and Kentuckians for the Commonwealth and Kentucky Resource Councils First Request for Information.

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Responses to Kentuckians for the Commonwealth and Kentucky Resource Councils First Request for Information and Motion for Confidential Treatment

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Responses to Commission Staffs First Request for Information

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Responses to the Office of the Attorney Generals First Request for Information

Edward T. Depp Big Rivers Electric Corporation

Big Rivers Electric Corporations Responses to Sierra Clubs First Request for Information

Kerry W. Ingle Big Rivers Electric Corporation

Written Statement Regarding Receipt of Electronic Transmissions

Byron L. Gary Joint Intervenors

Initial Data Requests

Byron L. Gary Joint Intervenors Kentuckians for the Commonwealth and Kentucky Resources Council

Sierra Clubs Initial Request for Information to Big Rivers Electric Corporation

Joe F. Childers Sierra Club

First Request for Information

Gregory B. Ladd Office of the Kentucky Attorney General

Kentucky Industrial Utility Customers (KIUC) Written Statement

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

Order Entered: 1. KIUC’s motion to intervene is granted. 2. KIUC 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 5:001, Section 8, related to the service and electronic filing of documents. 4. KIUC shall adhere to the procedural schedule set forth in the Commission’s November 3, 2023 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, 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.

Data Request

Order Entered: 1. Joint Movants’ joint 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 3, 2023 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 agents, 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.

Joint Motion for Full Intervention as Joint Intervenors

Byron L. Gary Kentuckians for the Commonwealth and Kentucky Resources Council

Order Entered: 1. Sierra Club’s motion to intervene is granted. 2. Sierra Club 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. Sierra Club 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. Sierra Club shall adhere to the procedural schedule set forth in the Commission’s November 3, 2023 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, Sierra Club 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)

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed. 2. BREC shall respond to all requests for information propounded by Commission Staff, whether identified on the procedural schedule or otherwise, as provided in those requests. 3. A hearing in this matter shall be held on May 22, 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. 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.

Sierra Clubs Motion to Intervene

Joe F. Childers Sierra Club

Proof of Publication of Notice of Filing 2023 IRP and Mailing of Notice Letter to Prior Intervenors

Senthia Santana Big Rivers Electric Corporation

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.

Reformatted Pages

Senthia Santana Big Rivers Electric Corporation

Big Rivers Electric Corporations 2023 IRP with Appendices and Motion for Confidential Treatment

Senthia Santana Big Rivers Electric Corporation

Read1st

Gregory B. Ladd Office of the Kentucky Attorney General

Motion to Intervene

Gregory B. Ladd Office of the Kentucky Attorney General

20230914_PSC Acknowledgment Letter.pdf

Big River Electric Corporation Notice of Intent to File 2023 Integrated Resource Plan Using Electronic Filing Procedures