Kentucky Public Service Commission

Louisville Gas and Electric Company and Kentucky Utilities Company Post-Hearing Reply Brief

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

20240917_PSC Notice of Filing Hearing Documents - May 23, 2024.pdf

Post-Hearing Brief of Joint Intervenors

Byron L. Gary Joint Intervenors

Sierra Clubs Letter Notifying Commission and Parties of Non-Filing of Brief

Joe Childers Sierra Club

Kentucky Coal Associations Brief

Matthew R. Malone Kentucky Coal Association, Inc.

Kentucky Industrial Utility Customers (KIUC) letter advising the Commission that it has elected not to file a Response Brief.

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

Louisville Gas and Electric Company and Kentucky Utilities Company submit Post-Hearing Brief

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Sierra Club’s Post-Hearing Data Request

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to The Metropolitan Housing Coalition, Kentuckians For The Commonwealth, Kentucky Solar Energy Society and Mountain Association’s Post-Hearing Data Requests

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Attorney General’s Post-Hearing Data Requests

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Compan

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s Post-Hearing Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

OAGs Post-Hearing Data Requests

Lawrence Cook Kentucky Office of the Attorney General

Post-hearing Data Requests of Joint Intervenors

Byron L. Gary Joint Intervenors

Order Entered: 1. The redacted portions of LG&E/KU’s responses to Staff’s First Request, Item 3, Item 26(d) pages 34 and 35, Item 43 Attachments 2 and 3, and Item 82, granted confidential treatment by this Order 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. 2. The entirety of LG&E/KU’s response to Staff’s First Request Item 14 Attachments 1 through 3, Item 52(c) Attachments 1 and 2, responses to Joint Intervenor’s Initial Request Item 2(d), and responses to Sierra Club’s Initial Request Item 37, granted confidential treatment by this Order 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 entirety of LG&E/KU’s response to Staff’s First Request Item 19(b), Attachment 1, granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for a period of five years, or until further order of this Commission. 4. 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). 5. If the designated material granted confidential treatment becomes publicly available or no longer qualifies for confidential treatment, LG&E/KU shall inform the Commission and file an unredacted copy of the designated material.

Sierra Clubs Post-Hearing Requests for Information

Joe Childers Sierra Club

Sierra Clubs Notice of Withdrawal and Substitution of Counsel

Joe Childers Sierra Club

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

Data Request

Order Entered: 1. LG&E/KU’s March 8, 2024 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 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, LG&E/KU 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, LG&E/KU 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. 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 July 8, 2024. 3. Counsel for Kentucky Utilities Company (KU) and Louisville Gas and Electric Company (LG&E)(jointly, LG&E/KU) shall file a memorandum brief in support of LG&E/KU’s post-hearing position on or before August 9, 2024 . 4. All parties, that choose to do so, may file a response brief in support of its respective post-hearing position on or before August 30, 2024. 5. LG&E/KU may file a reply brief, responding only to issues raised in other parties’ respective response briefs, on or before September 20, 2024. 6. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time, September 21, 2024.

Sierra Clubs Motion to Admit Sunil Bector Pro Hac Vice

Joe Childers Sierra Club

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s submission of the Notarized Affidavit attesting to the publication of Notice of Public Hearing

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

LGE-KU Witness List

Kendrick R. Riggs of Stoll Keenon Ogden PLLC Kentucky Utilities Company and Louisville Gas and Electric Company

Louisville Gas and Electric Company and Kentucky Utilities Company file Hearing Notice request submitted to KY Press

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Order Entered: 1. A hearing in this matter shall be held on May 23, 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. The parties are on notice that the Commission anticipates that this hearing may last more than one day. 3. Witnesses who sponsor schedules, testimony, or responses to requests for information shall participate in person at the May 23, 2024, hearing. 4. Louisville Gas and Electric Company and Kentucky Utilities Company (jointly, LG&E/KU) shall give notice of the hearing in compliance with 807 KAR 5:001, Section 9(2)(b).

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Sierra Club’s Supplemental Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to The Metropolitan Housing Coalition, Kentuckians For The Commonwealth, Kentucky Solar Energy Society and Mountain Association’s Supplemental Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Kentucky Coal Association’s Supplemental Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Attorney General’s Supplemental Data Requests

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s Second Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Joint Petition for Confidential Protection

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

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

Sierra Clubs Motion to Admit Kathryn Huddleston Pro Hac Vice

Joe Childers Sierra Club

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s second Supplemental Response for Question No. 86 to the Commission Staff’s First Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Sierra Clubs Supplemental Requests for Information

Joe F. Childers Sierra Club

OAGs Supplemental Data Requests

Lawrence Cook KENTUCKY OFFICE OF THE ATTORNEY GENERAL

Supplemental Data Requests of Joint Intervenors Metropolitan Housing Coalition, Kentuckians For The Commonwealth, Kentucky Solar Energy Society, and Mountain Association to Louisville Gas And Electric Company and Kentucky Utilities Company

Tom FitzGerald Joint Intervenors Metropolitan Housing Coalition, Kentuckians for the Commonwealth, Kentucky Solar Energy Society and Mountain A

Supplemental Data Requests

Matthew Malone Kentucky Coal Association

Data Request

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Supplemental Response for Question No. 86 to the Commission Staff’s First Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s First Request for Information - Part 9

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s First Request for Information - Part 8

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s First Request for Information - Part 7

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s First Request for Information - Part 6

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s First Request for Information - Part 5

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s First Request for Information - Part 4

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s First Request for Information - Part 3

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s First Request for Information - Part 2

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Commission Staff’s First Request for Information - Part 1

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Sierra Club’s Initial Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to The Metropolitan Housing Coalition, Kentuckians For The Commonwealth, Kentucky Solar Energy Society and Mountain Association’s Initial Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Kentucky Coal Association’s First Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Responses to the Attorney General’s Initial Data Requests

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Louisville Gas and Electric Company’s and Kentucky Utilities Company’s Joint Petition for Confidential Protection

Rick E. Lovekamp Louisville Gas and Electric Company and Kentucky Utilities Company

Order Entered: Thomas Cmar, Gilbert Zelaya, 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.

Motions to Admit Thomas Cmar, Shannon Fisk, and Gilbert Zelaya Pro Hac Vice

Byron L. Gary Joint Intervenors

Statement of Joint Intervenors Regarding Joint Participation in This Proceeding

Byron L. Gary Joint Intervenors

Written Statement Regarding Receipt of Electronic Transmissions

Byron L. Gary Joint Intervenors

Initial Data Requests

Byron L. Gary Joint Intervenors

Sierra Clubs Post-Intervention Statement

Joe F. Childers Sierra Club

Data Request

KCAs First Data Request to KU and LGE and Post Intervention Statement

Matthew R. Malone Kentucky Coal Association, Inc.

Sierra Clubs Initial Requests for Information to the Companies

Joe F. Childers Sierra Club

OAGs Initial Data Requests

Lawrence Cook Kentucky Office of the Attorney General

Kentucky Industrial Utility Customers (KIUC) Written Statement of Mail Waiver

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

Order Entered: 1. Sierra Club’s January 12, 2024 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 December 22, 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.

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 December 22, 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.

Order Entered: 1. KCA’s motion to intervene is granted. 2. KCA 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. KCA 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. KCA shall adhere to the procedural schedule set forth in the Commission’s December 22, 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, KCA 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. Joint Intervenors’ motion to intervene is granted. 2. Joint Intervenors 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 Intervenors 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 Intervenors shall adhere to the procedural schedule set forth in the Commission’s December 22, 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 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 Intervenors 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.

Joint Motion for Full Intervention

Byron L. Gary Metropolitan Housing Coalition, Kentuckians for the Commonwealth, Kentucky Solar Energy Society, and Mountain Association

Kentucky Coal Association, Inc.s Motion to Intervene

Matthew R. Malone Kentucky Coal Association, Inc.

Sierra Clubs Motion to Intervene

Joe F. Childers Sierra Club

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. The Attorney General shall adhere to the procedural schedule set forth in the Commission’s December 22, 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, 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.

OAG MOTION TO INTERVENE

Lawrence Cook Kentucky Office of the Attorney General

Kentucky Industrial Utility Customers (KIUC) Motion to Intervene

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

Order Entered: 1. This proceeding is opened to investigate LG&E/KU’s service during Winter Storm Elliott and LG&E/KU’s responses to Winter Storm Elliott. 2. LG&E and KU are made parties to the proceeding. 3. The procedural schedule set forth in Appendix C to this Order shall be followed. 4. LG&E/KU shall respond to all requests for information propounded by Commission Staff, whether identified on the procedural schedule or otherwise, as provided in those requests. 5. 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.