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View Case Filings for: 2020-00396


Case Number:2020-00396
Service Type:Gas
Filing Date:12/28/2020
Category:Regular
Utilities:

B & H Gas Company , Johnson County Gas Company, Inc. , Navitas KY NG, LLC


Electronic Case
Case Nature:

ELECTRONIC APPLICATION OF NAVITAS KY NG, JOHNSON COUNTY GAS COMPANY, AND B & H GAS COMPANY FOR APPROVAL OF ACQUISITION, TRANSFER OF OWNERSHIP, AND CONTROL OF NATURAL GAS UTILITY SYSTEMS









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Case Filings
FilingDocuments
4/30/2021 10:38:17 AM

Order Entered nunc pro tunc, that: 1. Finding paragraph 24 is inserted with the following language: 24. As a condition subsequent to the closing of the proposed transaction, the Commission will enter Orders in Case Nos. 2019-00055 and 2019-00056 waiving all civil penalties assessed against B & H, Johnson County, and Bud Rife, and will tender an agreed order in Franklin Circuit Court . 19-CI-00948 to dismiss that matter. 2. Ordering paragraph 10 is stricken and is replaced with the following language: 10. As a condition subsequent to the closing of the proposed transaction, the Commission shall enter Orders in Case Nos. 2019-00055 and 2019-00056 waiving all civil penalties assessed against B & H, Johnson County, and Bud Rife, and shall tender an agreed order in Franklin Circuit Court Civil Action No. 19-CI-00948 to dismiss that matter. 3. Ordering paragraph 11 is inserted with the following language: 11. This case is closed and removed from the Commission’s docket. 4. All provisions of the April 27, 2021 Order that are not in conflict with the terms of this Order shall remain in effect.

20210430_PSC_ORDER.pdf

4/28/2021 12:50:45 PM

Order Entered: 1. Applicant’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 an 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. Applicants 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, Applicants 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 Applicants are unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection.

20210428_PSC_ORDER01.pdf

4/28/2021 12:39:07 PM

Order Entered: 1. Applicant’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 an 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. Applicants 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, Applicants 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 Applicants are unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection.

20210428_PSC_ORDER.pdf

4/27/2021 1:53:22 PM

Final Order Entered: Order Entered: 1. Navitas KY’s proposed acquisition of the assets of B&H and Johnson County is approved. 2. Commission authorization of the proposed acquisition of the assets of B & H and Johnson County is effective for one year from the date of this Order and shall lapse if not completed within this period. 3. Within 10 days of completion of the transfer of assets as approved, Navitas KY shall notify the Commission in writing of the completion thereof. 4. Within 10 days of the completion of the approved acquisition, Navitas KY shall file a signed and dated adoption notice in accordance with 807 KAR 5:011, Section 11. 5. Within 10 days of the filing of such adoption notice, Navitas KY shall issue and file with the Commission in its own name the utility’s tariff, or such other tariff as it proposes to put into effect in lieu thereof in the form prescribed in 807 KAR 5:011, Section 11. 6. Within 20 days of the completion of the proposed transfer, Navitas KY shall file the journal entries it proposes to record the approved acquisition. The acquisition shall be recorded in accordance with the Uniform System of Accounts. 7. Nothing in this Order shall be construed as authorizing rat-making treatment of any cost or expense associated with the proposed acquisitions of control in Navitas KY’s general rates. These issues are deferred until Navitas KY’s next rate case proceeding.

20210427_PSC_ORDER.pdf

4/22/2021 4:31:34 PM

Amended Response and Response

Brenda Bott B H Gas Company , Johnson County Gas Company, Inc. , Navitas KY NG, LLC

Amended_Post_Hearing_DR_Response.pdf

Amended Post Hearing Data Response

Exhibit_A_Example_GCA_Tariff_-_Rates_effective_Post_KYPSC_Order.pdf

Exhibit

Notice_of_Filing.pdf

Notice of Filing

Read1st.pdf

Cover Letter

Response_to_Informal_Conference_.pdf

Response to April 14, 2021 Informal Conference

4/15/2021 8:45:57 AM

20210415_PSC Letter Filing IC Memo.pdf

20210415_PSC Letter Filing IC Memo.pdf
4/7/2021 6:51:53 PM

Supplemental Testimony of Thomas Hartline

Brenda Bott Navitas KY NG, LLC

2020-00396_Supplemental_Testimony_of_Thomas_Hartline.pdf

Supplemental Testimony

Notice_of_Filing.pdf

Notice of Filing

Read1st.pdf

Cover Letter

4/5/2021 5:39:11 PM

Post-Hearing Data Response 3

Brenda Bott B H Gas Company , Johnson County Gas Company, Inc. , Navitas KY NG, LLC

Exhibit_A_BH.pdf

Exhibit A B&H

Exhibit_A_JCG.pdf

Exhibit A JCG

Exhibit_B_Navitas_Meter_Testing_Procedures.pdf

Exhibit B

Post-Hearing_DR_3_Responses.pdf
Read1st.pdf

Read1st Cover Letter

4/5/2021 12:45:09 PM

Notice of Informal Conference

20210405_PSC_IC_NOTICE.pdf
4/2/2021 9:06:01 AM

20210402_PSC Letter Filing IC Memo.pdf

20210402_PSC Letter Filing IC Memo.pdf
3/30/2021 11:45:56 AM

Notice of Informal Conference

20210330_PSC_IC_NOTICE.pdf
3/29/2021 3:55:13 PM

20210329_PSC Notice of Filing Hearing Documents.pdf

20210329_PSC Notice of Filing Hearing Documents.pdf
3/18/2021 11:51:49 AM

Data Request

20210318_DATA_REQUEST.pdf
3/16/2021 3:39:43 PM

Order Entered: 1. Post-hearing data requests shall be filed on or before March 22, 2021. 2. Responses to post-hearing data requests shall be filed on or before April 5, 2021.

20210316_PSC_ORDER.pdf

3/15/2021 7:50:30 PM

Amended Documents to reflect new closing date.

Brenda Bott Navitas KY NG, LLC, B H Gas Company, Johnson County Gas Company, Inc.

APA_Amendment.pdf

APA Amendment

EPA_Amendment.pdf

EPA Amendment

Exhibit_D_NAESB_Hall_Stevens_Hall_11.17.2020.pdf

Exhibit D

Exhibit_E_NAESB_BS_Gas_11.17.2020.pdf

Exhibit E

Lease_Agreement_Amendment.pdf

Lease Agreement Amendment

Notice_of_Filing.pdf

Notice of Filing

Read1st.pdf

Cover Letter

3/11/2021 5:20:48 PM

Amendment to Petition for Confidential Treatment

Brenda Bott Navitas KY NG, LLC, B H Gas Company, Johnson County Gas Company, Inc.

Amended_Petition_for_Confidential_Treatment.pdf

Amended Petition for Confidential Treatment

Read1st.pdf

Cover letter

Response_to_11(a)_DIMP_1_Albany_-_KY_DIMP_re-evaluation_2017_Redacted.pdf

Response to Question 11(a)_DIMP

3/5/2021 11:53:43 AM

Confirmation of publication of Public Notice.

Brenda Bott Navitas KY NG, LLC

Exhibit_A_Public_Notice.pdf

Exhibit

Exhibit_B_Paintsville_Herald_030321.pdf

Exhibit

Exhibit_C_Prestonsburg_-_Floyd_Co._Chronicle_Tribune_-_030321.pdf

Exhibit

Notice_of_Filing.pdf

Notice of Filing

Read1st.pdf

Cover letter

3/4/2021 1:11:55 PM

Response for Commissions Second Request for Information; Petition for Confidential Treatment

Brenda Bott B H Gas Company , Johnson County Gas Company, Inc. , Navitas KY NG, LLC

2020-00396_DR_2_Responses.pdf

DR 2

DR_2_Petition_Confidential_Treatment_.pdf

Petition for Confidential Treatment

Exhibit_A.pdf

Exhibit

Exhibit_B_Original_Bank_7_Loan_Redacted.pdf

Exhibit

Exhibit_C_Original_Navitas_KY_NG_Promissory_Note_Redacted.pdf

Exhibit

Exhibit_D_5-year_First_Amendment_to_Original_Loan_Redacted.pdf

Exhibit

Exhibit_E_KY_PSC_Approved_Keystone_Loan_Redacted.pdf

Exhibit

Exhibit_F_Refinance_of_All_Notes_for_Lower_Interest_Rate_Redacted.pdf

Exhibit

Exhibit_G_Redacted.pdf

Exhibit

Exhibit_H_Redacted.pdf

Exhibit

Exhibit_I_Bank_7_Commitment_Letter.pdf

Exhibit

Read1st.pdf

Cover Letter

2/18/2021 6:17:29 PM

Response to Commissions February 1 Order in Case No. 2020-00396.

Brenda Bott Navitas KY NG, LLC, B H Gas Company , Johnson County Gas Company,

Read1st.pdf

Cover Letter

Response_to_Order_2020-00396.pdf

Response

2/17/2021 12:06:44 PM

Data Request

20210217_DATA_REQUEST.pdf
2/11/2021 2:38:36 PM

Order Entered: 1. Applicants’ motion for an extension of time is granted. Applicants shall have until February 12, 2021, to file additional documentation in response to Commission Staff’s First Request for Information. 2. The procedural schedule issued on January 13, 2021, is hereby modified and attached as an Appendix hereto, to reflect an additional time for the issuance of Commission Staff’s supplemental request for information and Applicants’ responses to the supplemental request for information. 3. The hearing in this matter will remain as previously scheduled, to begin on March 16, 2021, at 9 a.m. Eastern Daylight Saving Time, in the Richard Raff Hearing Room of the Commission’s offices at 211 Sower Boulevard in Frankfort, Kentucky.

20210211_PSC_ORDER.pdf

2/4/2021 11:46:00 AM

Supplemental Filing to Data Request 1

Brenda Bott Navitas KY NG, LLC, B H Gas Company , Johnson County Gas Company,

DR_1_Supplemental_Filing.pdf

Supplemental Filing to DR 1

DR_6(c)_Billing_Analysis.xlsx

Response 6(c) Excel Spreadsheet

Read1st.pdf

Cover Letter

2/3/2021 4:21:43 PM

Order Entered: 1. Navitas’s motion for confidential treatment is granted in part and denied in part. 2. The customer list, accounts receivable, and employee salary and benefit information in Exhibit B and all of the designated material in Exhibits C and E are granted confidential treatment. 3. The purchase price and monthly office rent amount are denied confidential treatment. 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 an indefinite period 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. Navitas shall inform the Commission if the designated material granted confidential treatment by this Order 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, Navitas 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.

20210203_PSC_ORDER.pdf

2/1/2021 1:20:43 PM

Order Entered: Within 20 days of the date of this Order, Navitas, B & H, and Johnson County, individually or jointly, shall file a written response to the condition subsequent and condition precedent to the Agreement that will be required for the Commission’s approval of the transaction. The response must include, at a minimum, an assurance that overcollections of gas cost will be returned to customers in amounts ordered by the Commission, and a timeframe for their return.

20210201_PSC_ORDER.pdf

1/29/2021 9:24:03 PM

Data Response

Brenda Bott Navitas KY NG, LLC, B H Gas Company , Johnson County Gas Company,

Navitas_BH_and_Johnson_County_Gas_Motion_for_Extension_of_Time.pdf

Motion for Extension of Time

NAVITAS_KY_NG,_LLC,_JOHNSON_COUNTY_GAS_COMPANY,_INC,_AND_BH_GAS_COMPANY,_INC_RESPONSES_TO_COMMISSION_STAFF’S_FIRST_REQUEST_FOR_INFORMATION.pdf

Data Responses

PETITION_OF_NAVITAS_KY_NG,_LLC,_JOHNSON_COUNTY_GAS_COMPANY,_AND_BH_GAS_COMPANY_FOR_CONFIDENTIAL_TREATMENT_.pdf

Petition for Confidential Treatment

Q_24__Analysis_of_BH_and_JCG_Acquisition_DD_Management_Summary_Notes_Redacted.pdf

Redacted response to question 24

Q_24__Analysis_of_BH_and_JCG_Remaining_Risk_Analysis_Redacted.pdf

Redacted response to question 24

Question_12_Letter_to_PSC.pdf

Response to question 12

Question_14(b)_Corrections.pdf

Response to question 14(b)

Question_25_Journal_Entries_Redacted.pdf

Redacted response to question 25

Question_8(b)_GCA_Rate_Report.xlsx

Response to question 8(b)

Question_8(g)_Response_Redacted.pdf

Redacted response to question 8(g)

Question_8__Gas_Purchase_Agreement_B_S_Gas.pdf

Response to question 8(f)

Question_8__Gas_Purchase_Agreement_Hall_Stephens_Hall.pdf

Response to question 8(f)

Read1st.pdf

Cover Letter

1/21/2021 7:24:10 AM

Data Request

20210121_DATA_REQUEST.pdf
1/13/2021 5:25:50 PM

Order Entered: 1. The application period is continued beyond the 60-day period specified in KRS 278.020(7) for an additional 60 days through April 27, 2021 to further investigate and review the application. 2. A videoconference hearing in this matter shall be held on Tuesday, March 16, 2021, at 9 a.m. Eastern Daylight Time and Wednesday, March 17, 2021, 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. The procedural schedule set forth in the Appendix to this Order shall be followed. 4. Any motion to intervene filed after January 19, 2021, shall show a basis for intervention and good cause for being untimely, and must state with specificity the person's special interest that is not otherwise adequately represented, or the issues and facts the person will present that will assist the Commission in fully considering the matter. If the untimely motion is granted, the movant shall accept and abide by the existing procedural schedule.

20210113_PSC_ORDER.pdf

12/29/2020 1:21:59 PM

20201229_PSC Deficiency Cured Letter.pdf

20201229_PSC Deficiency Cured Letter.pdf
12/28/2020 5:06:44 PM

The Notice of Filing of Supplemental Information, filed in response to the filing deficiency notice received by the Applicants for the filing of the Joint Application for Approval of Acquisition, Transfer of Ownership, and Control of Natural Gas Utility Sy

Brenda Bott Navitas KY NG, LLC

Navitas_KY_NG_Supplemental_Information_Filing_2020-00396.pdf

Supplemental information

Read1st.pdf

Cover Letter

12/28/2020 3:05:33 PM

20201228_PSC Deficiency Letter.pdf

20201228_PSC Deficiency Letter.pdf
12/23/2020 4:06:19 PM

Joint Application of Navitas KY NG, LLC, Johnson County gas, and BH Gas for approval of acquisition, transfer of ownership, and control of natural gas utility systems, and Petition for Confidentiality for select Exhibits.

Brenda Bott Navitas KY NG, LLC

Exhibit_A_BH_and_Johnson_County_Acquisition_Special_Meeting_of_the_Members_NALLC_Signed.pdf

Joint Application_Exhibit A

Exhibit_B_APA_EPA_Lease_Agreement_CONFIDENTIAL_Redacted.pdf

Joint Application_Exhibit B_Redacted

Exhibit_C_Corporate_Structure_CONFIDENTIAL_Redacted.pdf

Joint Application_Exhibit C

Exhibit_D_Management.pdf

Joint Application_Exhibit D

Exhibit_E__Audited_Financial_Statements_CONFIDENTIAL_Redacted.pdf

Joint Application_Exhibit E_Redacted

Exhibit_F_Net_Plant_Calculations_Sheet.xlsx

Joint Application_Exhibit F

Navitas_KY_NG_and_BH_and_Johnson_County_Joint_Application.pdf

Joint Application

Navitas_KY_NG_Petition_for_Confidential_Treatment.pdf

Navitas KY NG_Petition for Confidential treatment

Read1st_.pdf

Read1st

12/9/2020 9:33:12 AM

20201209_PSC Acknowledgment Letter.pdf

20201209_PSC Acknowledgment Letter.pdf
12/9/2020

Navitas KY NG, LLC Notice of Intent to File an Application for Approval of the Acquisition, Transfer, and Control of BH Gas and Johnson County Gas Systems Using Electronic Filing Procedures

20201209_Navitas KY NG, LLC Notice of Intent and Election.pdf

Navitas KY NG, LLC Notice of Intent and Election