Kentucky Public Service Commission

Kimberly-Clark Motion for Confidential Treatment

Daniel E.Danford Kimberly-Clark Corporation

Kimberly-Clark Motion to Revise Direct Testimony and Associated Exhibit Sponsored by Timonthy Honadle

Daniel E.Danford Kimberly-Clark Corporation

Domtar Paper Company, LLC Affidavit of Murray R. Hewitt

Michael L. Kurtz Domtar Paper Company, LLC

Motion to Deviate and Notice of Filing with Exhibits

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

Order Entered: 1. Kimberly-Clark’s motion to excuse Steven Cassady from the May 1, 2024 hearing is granted. 2. Steven Cassady is excused from attending the May 1, 2024 hearing. 3. Steven Cassady shall be available to answer all post-hearing data requests regarding his testimony in this case.

Witness List

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

Kimberly-Clark Corporations Witness List

Daniel E.Danford Kimberly-Clark Corporation

Emergency Motion to Excuse Personal Attendance of Kimberly-Clark Lay Witness

Daniel E.Danford Kimberly-Clark Corporation

Domtar Paper Company, LLCs Notice of Adoption of Testimony and its Witness List

Michael L. Kurtz Domtar Paper Company, LLC

Notice of Withdrawal

Daniel E.Danford Kimberly-Clark Corporation

Duplicate of Notice of Hearing and Request for Publication

Senthia Santana Big Rivers Electric Corporation

Domtar Paper Companys Surrebuttal Testimony and Exhibit of Stephen J. Baron

Michael L. Kurtz Domtar Paper Company, LLC

Surrebuttal Testimony

Daniel E.Danford Kimberly-Clark Corporation

Order Entered: 1. BREC’s motion to reschedule the hearing is granted. 2. A hearing in this matter shall be held on May 1, 2024, at 9 a.m. Eastern Daylight Time, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 3. Pursuant to 807 KAR 5:001, Section 2, if the hearing is not concluded on the designated day, the hearing shall 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. 4. Witnesses who sponsor schedules, testimony, or responses to requests for information shall participate in person at any hearing scheduled in this matter. 5. All parties shall file a witness list at least seven days prior to the hearing date.

Amended and Unopposed Motion to Reschedule Hearing

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

Emergency Motion to Reschedule Hearing

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

Responses to Intervenors Third Request for Information

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

Order Entered: 1. A hearing in this matter shall be held on April 2, 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. Big Rivers Electric Corporation (BREC), Kenergy Corporation (Kenergy), Kimberly-Clark Corporation, LLC (Kimberly-Clark) and Domtar Paper Company, LLC (Domtar), who are parties to this proceeding, shall appear at the April 2, 2024 hearing to provide testimony regarding the subject matter of this proceeding. 3. 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. 4. Witnesses who sponsor schedules, testimony, or responses to requests for information shall participate in person at the April 2, 2024 hearing. 5. Each party shall provide a witness list at least seven days prior to April 2, 2024. 6. If a party intends to introduce exhibits at the hearing, the party shall prepare to provide at least 13 copies of each exhibit.

Order Entered: 1. BREC’s November 27, 2023 motion for confidential treatment is granted by this Order and shall not be placed in the public record or made available for public inspection for the designated period or until further order of this Commission. 2. 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). 3. BREC shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment. 4. 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. 5. 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 BREC to seek a remedy afforded by law.

Order Entered: 1. BREC’s October 30, 2023 motion for confidential treatment for Joint Response to Kimberly-Clark’s First Request for Information, Items 4, 9, and 24 is granted. 2. BREC’s October 30, 2023 motion for confidential treatment for Response to Commission Staff's First Request, Items 1 and 7 is granted. 3. BREC’s October 30, 2023 motion for confidential treatment for Domtar’s First Request for Information, No. 3 COSS, is granted in part and denied in part. 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. BREC shall inform the Commission if the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment. 7. 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.

JOINT REQUESTS FOR INFORMATION ON REBUTTAL OF DOMTAR PAPER COMPANY, LLC AND KIMBERLY-CLARK CORPORATION TO BIG RIVERS ELECTRIC CORPORATION AND KENERGY CORP.

Michael L. Kurtz Domtar Paper Company, LLC and Kimberly-Clark Corporation

Order Entered: 1. The Intervenors’ motion is granted in part and denied in part. 2. Intervenors shall file the joint request for information included as Attachment B to their motion no later than February 23, 2024. 3. Intervenors’ request to amend the procedural schedule to require a response to its information request within seven days is denied. 4. The procedural schedule set forth in the Appendix to this Order shall be followed and shall replace the procedural schedule filed on September 28, 2023. 5. Intervenors’ request for a formal hearing is granted. The date for the formal hearing shall be scheduled by the Commission by separate Order.

Intervenors Joint Reply in Support of Omnibus Motion for Hearing and Amendment of Procedural Schedule

Daniel E.Danford Kimberly-Clark Corporation

Response to Intervenors Omnibus Motion for Hearing and Amendment to Procedural Schedule

Edward T. Depp Big Rivers Electric Corporation

Joint Omnibus Motion for Hearing and Amendment of Procedural Schedule

Daniel E.Danford Kimberly-Clark Corporation

Big Rivers Electric Corporation and Kenergy Corp.s Joint Submission Requesting a Decision on the Existing Record.

Edward T. Depp Big Rivers Electric Corporation

Rebuttal Testimony sponsored by Big Rivers Electric Corporations Vice President of Energy Services, Terry Wright, Jr.

Edward T. Depp Big Rivers Electric Corporation

Domtar Paper Company, LLCs Motion for Confidential Treatment of Information

Michael L. Kurtz Domtar Paper Company, LLC

Kimberly Clarks Responses to Information Requests and Motion for Confidential Treatment

Robert C. Moore Kimberly Clark Corporation

Domtar Paper Company, LLCs Response to Big Rivers and Kenergys First Set of Requests for Information (PUBLIC)

Michael L. Kurtz Domtar Paper Company, LLC

First Requests for Information to Kimberly-Clark Corporation

Edward T. Depp Big Rivers Electric Corporation

First Requests for Information to Domtar Paper Company, LLC

Edward T. Depp Big Rivers Electric Corporation

Corrected Motion for Confidential Treatment

Robert C. Moore Kimberly Clark Corporation

Direct Testimony of Steven Cassady (redacted version); Motion for Confidential Treatment

Farren Vaughan Kimberly-Clark Corporation

Direct Testimony of Timothy A. Honadle (redacted version) on behalf of Kimberly-Clark Corporation; Motion for Confidential Treatment

Farren Vaughan Kimberly-Clark Corporation

Domtar Paper Company, LLCs Direct Testimony and Exhibits of Stephen Thomas and Stephen J. Baron

Michael L. Kurtz Domtar Paper Company, LLC

Direct Testimony of Larry Blank on behalf of Kimberly-Clark Corporation

Farren Vaughan Kimberly-Clark Corporation

Big Rivers and Kenergys Joint Responses to Supplemental Information Requests

Senthia Santana Big Rivers Electric Corporation

Supplement to Big Rivers Electric Corporations and Kenergy Corp.s Joint Response to Domtar Paper Company LLCs First Request for Information

Senthia Santana Big Rivers Electric Corporation

Domtar Paper Company, LLC Supplemental Discovery to Big Rivers Electric Corporation and Kenergy Corp.

Michael L. Kurtz Domtar Paper Company, LLC

Supplemental Information Requests to Big Rivers Electric Corporation and Kenergy Corp.

Farren Vaughan Kimberly-Clark Corporation

Data Request

Attachment to the Response to Item No. 3 of Kimberly-Clarks First Request Information

Senthia Santana Big Rivers Electric Corporation

Corrected Motion for Confidential Treatment and Supplemental to Joint Responses to Initial Information Requests

Senthia Santana Big Rivers Electric Corporation

Big Rivers Electric Corporations and Kenergy Corp.s Joint Responses to Initial Information Requests

Senthia Santana Big Rivers Electric Corporation

IT IS THEREFORE ORDERED that Robert A. Weishaar, Jr, Brigid Khuri, and Susan E. Bruce are admitted pro hac vice for the purpose of representing Kimberly-Clark in association with Daniel E. Danford in the above-styled proceeding, provided that Daniel E. Danford or another member of the Kentucky Bar Association acts as co-counsel and is present at all proceedings before this Commission.

Written statement concerning filing

Robert C. Moore Kimberly-Clark Corporation

Information Requests

Robert C. Moore Kimberly Clark Corporation

Motion to Pro Hac Vice

Robert C. Moore Kimberly Clark Corporation

Domtar Paper Company, LLC First Set Discovery to Big Rivers and Kenergy

Michael L. Kurtz Domtar Paper Company, LLC

Domtar Paper Company, LLCs Written Statement

Michael L. Kurtz Domtar Paper Company, LLC

Order Entered: 1. Kimberly-Clark’s motion to intervene is granted. 2. Kimberly-Clark 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. Kimberly-Clark 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. Kimberly-Clark shall adhere to the procedural schedule set forth in the Commission’s September 27, 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, Kimberly-Clark 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. Domtar’s motion to intervene is granted. 2. Domtar 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. Domtar 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. Domtar shall adhere to the procedural schedule set forth in the Commission’s September 27, 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, Domtar 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

Entries of Appearance

Edward T. Depp Big Rivers Electric Corporation

Motion for Full Intervention of Kimberly Clark Corporation

Robert C. Moore Kimberly Clark Corporation

Order Entered: 1. This proceeding is established to investigate the reasonableness of the proposed tariffs. 2. BREC’s proposed tariff is suspended for five months from October 1, 2023, up to and including February 29, 2024. 3. Kenergy’s proposed tariff is suspended for five months from October 11, 2023, up to and including March 10, 2024. 4. BREC shall, by counsel, enter an appearance in this proceeding within seven days of the date of service of this Order. The entry of appearance shall include the name, address, telephone number, fax number, and electronic mail address of counsel. 5. Kenergy shall, by counsel, enter an appearance in this proceeding within seven days of the date of service of this order. The entry of appearance shall include the name, address, telephone number, fax number, and electronic mail address of counsel. 6. BREC may respond to the motion for intervention filed on behalf of Domtar within seven days of the date of entry of this Order. 7. Kenergy may respond to the motion for intervention filed on behalf of Domtar within seven days of the date of entry of this Order. 8. The entirety of Case Nos. 2021-00289, 2023-00017, and 2023-00063 shall be incorporated into this proceeding. 9. Unless otherwise ordered by the Commission, the procedures set forth in 807 KAR 5:001, Section 8, related to service and electronic filing of papers shall be followed in this proceeding.

Kenergy Corp. Tariff Filing

Big Rivers Electric Corporation Tariff Filing