Kentucky Public Service Commission

Final Order Entered: 1. This case is opened to address certain outstanding petitions for confidential treatment. 2. The petitions for confidential treatment listed in Appendix B to this Order are granted. 3. The granting of these petitions shall not be cited as precedent in other proceedings before the Commission. 4. All movants shall review the petitions to determine if the material for which confidential treatment was requested still warrants confidential treatment. 5. A movant shall inform the Commission in writing, and filed in the original case file, if it determines that the information contained in a petition that is granted by this Order no longer warrants confidential treatment. 6. The Commission shall make available for inspection, upon request, any materials that a movant determines no longer warrants confidential treatment. 7. This case is closed and removed from the Commission's docket.

Final Order Entered: (1) The Companies' proposed DSM/EE Program Plan is approved through 2018. (2) The Companies shall prepare a report for the pilot AMS program through June 30, 2015, which should be filed with the Commission by July 31, 2015. Thereafter, an annual report providing similar information should be filed beginning on December 31, 2015, and due by January 31, 2016, and again through December 31, 2018, due by January 31, 2019. The reports should provide the number of participants by company, measurable energy savings, the information learned, any problems and the resolution, and whether the information was accessible to the participants in a 24- to 48-hour period. (3)The Companies' request to continue the Commission-approved 10.5 percent ROE for the capital portion of the DSM/EE Program Plan is approved. (4)The Companies shall continue encouraging participation in programs that help low-income customers to reduce energy consumption, thereby reducing monthly energy bills. (5) Within three months of the issuance of this Order, the Companies shall commission an industrial potential or market-characterization study. (6) The Companies shall file with the Commission the industrial potential or market-characterization study within 30 days of the date it is completed and finalized. (7) The proposed costs of the DSM/EE Program Plan shall be included in the Companies' DSM surcharge rates effective for service rendered on and after January 1, 2015.

Wallace McMullen and Sierra Clubs Post-Hearing Brief

Joe F. Childers Wallace McMullen and Sierra Club

Post-Hearing Brief

Eileen Ordover Association of Community Ministries, Inc.

Kentucky Industrial Utility Customers Inc. (KIUC) Post-Hearing Brief

Michael L. Kurtz Kentucky Industrial Utility Customers

Post-Hearing Brief of Wal-Mart Stores East, LP, and Sams East, Inc.

Don C.A. Parker Wal-Mart Stores East, LP, and Sams East, Inc.

Post-Hearing Brief of the Attorney General

Angela M. Goad Office of the Attorney General

Corrected Metropolitan Housing Coalition Post-Hearing Brief

Tom FitzGerald Metropolitan Housing Coalition

Post-Hearing Brief of Metropolitan Housing Coalition

Tom FitzGerald Metropolitan Housing Coalition

Post-Hearing Brief of LGE and KU

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

20140916_PSC_Notice of Filing.pdf

LGE and KU data responses to Commission Staffs Post Hearing Request for Information

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

Order Entered: Matthew E. Gerhart is admitted pro hac vice for the purpose of representing Sierra Club 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 any and all proceedings before this Commission.

20140829_PSC_Letter Regarding Richard Raff Participation.pdf

Notice of Public Hearing: LGE and KU file a Notarized Affidavit pursuant to August 7, 2014 Order, Paragraph (5)

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

Motion to Admit Matthew Gerheart Pro Hac Vice

Joe F. Childers Wallace McMullen and Sierra Club

Order Entered: (1) LG&E/KU's motion for a decision based on the evidentiary record is denied. (2) Sierra Club ·and MHC's motion for an evidentiary hearing is granted. (3) A hearing shall be scheduled for Tuesday, September 3, 2014; at 10:00 a.m. EDT, Hearing Room 1. (4) LG&E/KU shall publish notice of this hearing in compliance with 807 KAR 5:001, Section 9(2)(b). (5) No later than August 29, 2014, LG&E/KY shall file with the Commission proof of publication of its notice of the hearing in each of the publications in which notice is published. (6) Unless the Commission directs otherwise, the parties shall file Responses to requests for information made at the hearing no later than September 19, 2014. (7) Pursuant to KRS 278.360, the record of the formal hearing in this matter shall be by videotape. (8) Commission Staff shall make a written exhibit list and file with the Commission, along with all exhibits and a copy of video transcript of the hearing. 7. Pursuant to KRS 278 .:360, the record of the formal hearing in this matter shall be by Videotape.

Reply to Companies Joint Response to Motion for Hearing

Joe F. Childers Wallace McMullen and Sierra Club

20140715_PSC IC Memo.pdf

Joint Response to Wallace McMullen and Sierra Club, and to Metropolitan Housing Coalition

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

Wal-Mart Stores East, LP, and Sams East, Inc. Response to Louisville Gas and Electric Company and Kentucky Utilities Companys Motion to Submit Case on Record and Sierra Club and Metropolitan Housing Coalitions Requests for Evidentiary Hearing

Don C. A. Parker Wal-Mart Stores East, LP, and Sams East, Inc.

Order Entered: Tai C. Shadrick is admitted pro hac vice for the purpose of representing Wal-Mart in the above-styled proceeding, provided that Don C. A. Parker or another member of the Kentucky Bar Association acts as co-counsel and is present at any and all proceedings before this Commission.

Order Entered: Derrick Price Williamson is admitted pro hac vice for the purpose of representing Wal-Mart in the above-styled proceeding, provided that Don C. A. Parker or another member of the Kentucky Bar Association acts as co-counsel and is present at any and all proceedings before this Commission.

RESPONSE IN OPPOSITION TO MOTION OF LOUISVILLE GAS AND ELECTRIC COMPANY AND KENTUCKY UTILITIES COMPANY’S MOTION TO SUBMIT THE CASE FOR DECISION ON THE RECORD, AND MOTION TO SET EVIDENTIARY HEARING

Tom FitzGerald Metropolitan Housing Coalition

Opposition to Motion of Companies to Submit Case on the Record

Joe F. Childers Wallace McMullen and Sierra Club

Request of Wallace McMullen and Sierra Club for Evidentiary Hearing

Joe F. Childers Wallace McMullen and Sierra Club

LGE and KUs Motion to Submit the Case for Decision on the Record

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

Metropolitan Housing Coalition Statement of Waiver and E-Mail Service Notification

Thomas FitzGerald Metropolitan Housing Coalition

Order Entered 1. The Motion of MHC to intervene is granted. 2. MHC shall be entitled to the full rights of a party and shall be served with the Commission's Orders after the date of this Order. 3. MHC shall comply with all provisions of 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 entry of this Order, MHC shall file a written statement, with a copy to parties of record, that: a. It, or its agent, possesses the facilities to receive electronic transmissions; b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding should be served; and c. Waives its right to service of any Commission Orders by mail for purposes of this proceeding only. 5. MHC shall adhere to the procedural schedule set forth in the Commission's January 30, 2014 Order and as amended by subsequent Orders.

Order Entered: 1. Parties shall file a request for an evidentiary hearing no later than July 7, 2014. 2. An informal conference shall be held on Monday, June 30, 2014, at 11:00 a.m. Eastern Daylight Time, in Conference Room 1 of the Commission's offices at 211 Sower Boulevard, Frankfort, Kentucky, for the purpose of discussing the issues in this case. Commission Staff will contact all participants by electronic mail to provide the details for joining the conference via conference call.

Order Entered: Susan Laureign Williams is admitted pro hac vice for the purpose of representing Sierra Club 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 any and all proceedings before this Commission.

Order Entered: Jill M. Tauber is admitted pro hac vice for the purpose of representing Sierra Club 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 any and all proceedings before this Commission.

Wal-Mart Stores East, LP, and Sams East, Inc.s Motion to Admit Tai C. Shadrick Pro Hac Vice

Don C. A. Parker Wal-Mart Stores East, LP, and Sams East, Inc.

Wal-Mart Stores East, LP, and Sams East, Inc.s Motion to Admit Derrick Price Williamson Pro Hac Vice

Don C. A. Parker Wal-Mart Stores East, LP, and Sams East, Inc.

Motion to Modify Procedural Schedule and Amend Motion for Informal Conference

W. Duncan Crosby III Kentucky Utilities Company and Louisville Gas and Electric Company

Response to Request for Informal Conference

Joe F. Childers Wallace McMullen and Sierra Club

Rebuttal Testimony of David E. Huff, Robert M. Conroy, and Michael E. Hornung

W. Duncan Crosby III Kentucky Utilities Company and Louisville Gas and Electric Company

Supplemental Direct Testimony of Kenneth E. Baker

Don C. A. Parker Wal-Mart Stores East, LP, and Sams East, Inc.

Motion for informal conference on June 19, 2014

W. Duncan Crosby III Kentucky Utilities Company and Louisville Gas and Electric Company

Order Entered: 1. LG&E/KU's motion for an extension of time to file their responses to Commission Staff's Third Request for Information is granted. 2. LG&E/KU's responses to Commission Staff's Third Request for Information are accepted for filing on April 30, 2014. 3. LG&E/KU's motion for leave to file rebuttal testimony and for an extension of time to request an evidentiary hearing is granted. 4. LG&E/KU shall file rebuttal testimony no later than June 17, 2014. 5. Wal-Mart's motion for leave to file supplemental direct testimony is granted. 6. Wal-Mart may file supplemental direct testimony no later than June 12, 2014. 7. Parties shall file a request for an evidentiary hearing no later than June 23, 2014.

Notice of Correction and the corrected version of the Motion for Leave to File Supplemental Direct Testimony

Don C. A. Parker Wal-Mart Stores East, LP, and Sams East, Inc.

Motion for Leave to File Supplemental Direct Testimony

Don C. A. Parker Wal-Mart Stores East, LP, and Sams East, Inc.

Response to Companies Motion to File Rebuttal Testimony and for Extension of Time to Request a Hearing

Joe F. Childers Wallace McMullen and Sierra Club

Motion for Leave to File Rebuttal Testimony and Modify Procedural Schedule

W. Duncan Crosby III Kentucky Utilities Company and Louisville Gas and Electric Company

LGE and KU Responses to Commission Staffs Third Request for Information

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

Joint Motion of Louisville Gas and Electric Company and Kentucky Utilities Company for Extension of Time

W. Duncan Crosby III Kentucky Utilities Company and Louisville Gas and Electric Company

Objection to the Motion to Intervene of Metropolitan Housing Coalition

W. Duncan Crosby III Kentucky Utilities Company and Louisville Gas and Electric Company

Data Request

Certificate of Service for Testimony Filed on April 14, 2014

Joe F. Childers Wallace McMullen and Sierra Club

Read First Letter to Accompany Filing of Tim Woolf Testimony

Joe F. Childers Wallace McMullen and Sierra Club

Direct Testimony of Tim Woolf on Behalf of Wallace McMullen and Sierra Club, with Exhibits

Joe F. Childers Wallace McMullen and Sierra Club

Direct Testimony and Exhibit of Kenneth E. Baker

Don C. A. Parker Wal-Mart Stores East, LP and Sams East, Inc.

Direct Prefiled Testimiony of Cathy Hinko on Behalf of Metropolitan Housing Coalition, and Affidavit

Tom FitzGerald Metropolitan Housing Coalition

Testimony

Eileen Ordover Association of Community Ministries, Inc.

Motion of Metropolitan Housing Coalition for Full Intervention

Tom FitzGerald Metropolitan Housing Coalition

LGE and KU responses to Wallace McMullen and Sierra Clubs Supplemental Requests for Information

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

LGE and KU responses to Association of Community Ministries, Inc. Supplemental Requests for Information

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

LGE and KU responses to the Attorney Generals Supplemental Data Requests

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

LGE and KU responses to the Commission Staffs Second Request for Information

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

Motion to Admit Susan Laureign Williams Pro Hac Vice

Joe F. Childers Wallace McMullen and Sierra Club

Motion to Admit Jill Tauber Pro Hac Vice

Joe F. Childers Sierra Club

Objection to Wallace McMullen and Sierra Club’s Question No. 25(c) and (d) of their Supplemental Requests dated March 20, 2014

W. Duncan Crosby III Kentucky Utilities Company and Louisville Gas and Electric Company

Wallace McMullens and Sierra Clubs Supplemental Data Requests to LGE and KU

Joe F. Childers Wallace McMullen and Sierra Club

Supplemental Data Requests/Instructions Read1st

Angela M. Goad Office of the Attorney General

Information Requests

Eileen Ordover Association of Community Ministries, Inc.

Statement of Waiver and Notice of E-mail Service

Joe F. Childers Wallace McMullen and Sierra Club

Data Request

Order Entered: (1) Supplemental requests for information to LG&E/KU shall be filed no later than March 20, 2014. (2) LG&E/KU shall file responses to supplemental requests for information no later than April 3, 2014.

Motion for Extension of Time for Supplemental Data Requests

Joe F. Childers Wallace McMullen and Sierra Club

LGE and KU Response to Wallace McMullen and Sierra Clubs Initial Requests for Information and a Joint Petitiion for Confidential Protection

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

Order Entered: (1) The motion of Movants to intervene is granted. (2) Movants shall be entitled to the full rights of a party and shall be served with the Commission's Orders after the date of this Order. (3) Movants shall comply with all provisions of the Commission's regulation, 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 entry of this Order, Movants shall file a written statement, with a copy to parties of record, that: a. States that it, or its agent, possesses the facilities to receive electronic transmissions. b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding should be served. c. States that it waives its right to service of any Commission Orders by mail for purposes of this proceeding only. (5) Movants shall adhere to the procedural schedule set forth in the Commission's January 30, 2014 Order. (6) Movants' motion to strike the AG's Notice of Contest is denied.

Statement of Waiver and E-mail Service Notification

Don C. A. Parker Wal-Mart Stores East, LP, and Sams East, Inc.

CACs Statement of Waiver and cover letter

Iris G. Skidmore Community Action Council for Lexington-Fayette, Bourbon, Harrison, and Nicholas Counties, Inc.

Read1st Cover Letter

Angela M. Goad Office of Attorney General

LGE and KU Attachment to AGs Initial Data Request Question No. 2

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

LGE and KU responses to Association of Community Ministries, Inc. First Request for Information and a Joint Petition for Confidential Protection

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

LGE and KU responses to Attorney Generals Initial Data Requests

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

LGE and KU responses to Commission Staffs First Request for Information

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

Waiver and E-mail Service Notification

Eileen Ordover Association of Community Ministries

IT IS THEREFORE ORDERED, nunc pro tunc, that: 1. Ordering paragraph 3.a. of the January 30, 2014 Order is amended to read as follows: Responses to requests for information shall be filed in accordance with the electronic filing procedures set forth in 807 KAR 5:001, Section 8, and shall be appropriately indexed and bookmarked and shall include the name of the witness who will be responsible for responding to questions related to the information provided, with copies to all parties of record and a paper copy to the Commission. Any request for information by letter from the Commission Staff shall be responded to as if set forth in a Commission Order. 2. All other provisions of the January 30, 2014 Order shall remain in full force and effect.

Order Entered: (1) The motion of Walmart to intervene is granted. (2) Walmart shall be entitled to the full rights of a party and shall be served with the Commission's Orders after the date of this Order. (3) Walmart shall comply with all provisions of the Commission's regulation, 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 entry of this Order Walmart shall file a written statement, with a copy to parties of record, that: a. It, or its agent, possesses the facilities to receive electronic transmissions. b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding should be served. c. It waives its right to service of any Commission Orders by mail for purposes of this proceeding only. (5) Walmart shall adhere to the procedural schedule set forth in the Commission's January 30, 2014 Order.

Order Entered: (1) The motion of KIUC to intervene is granted. (2)KIUC shall be entitled to the full rights of a party and shall be served with the Commission's Orders after the date of this Order. (3) KIUC shall comply with all provisions of the Commission's regulation, 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 entry of this Order KIUC shall file a written statement, with a copy to parties of record, that: a. It, or its agent, possesses the facilities to receive electronic transmissions. b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding should be served. c. It waives its right to service of any Commission Orders by mail for purposes of this proceeding only. (5) KIUC shall adhere to the procedural schedule set forth in the Commission's January 30, 2014 Order.

Order Entered: (1) The motion of ACM to intervene is granted. (2)ACM shall be entitled to the full rights of a party and shall be served with the Commission's Orders after the date of this Order. (3) ACM shall comply with all provisions of the Commission's regulation, 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 entry of this Order ACM shall file a written statement, with a copy to parties of record, that: a. It, or its agent, possesses the facilities to receive electronic transmissions. b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding should be served. c. It waives its right to service of any Commission Orders by mail for purposes of this proceeding only. (5) ACM shall adhere to the procedural schedule set forth in the Commission's January 30, 2014 Order.

Order Entered: (1) The motion of CAC to intervene is granted. (2)CAC shall be entitled to the full rights of a party and shall be served with the Commission's Orders after the date of this Order. (3) CAC shall comply with all provisions of the Commission's regulation, 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 entry of this Order CAC shall file a written statement, with a copy to parties of record, that: a. It, or its agent, possesses the facilities to receive electronic transmissions. b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding should be served. c. It waives its right to service of any Commission Orders by mail for purposes of this proceeding only. (5) CAC shall adhere to the procedural schedule set forth in the Commission's January 30, 2014 Order.

Order Entered: (1) The Attorney General's motion is granted. (2)The Attorney General shall be entitled to the full rights of a party and shall be served with the Commission's Orders after the date of this Order. (3) The Attorney General shall comply with all provisions of the Commission's regulation, 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 entry of this Order the Attorney General shall file a written statement, with a copy to parties of record, that: a. It, or its agent, possesses the facilities to receive electronic transmissions. b. Sets forth the electronic mail address to which all electronic notices and messages related to this proceeding should be served. c. It waives its right to service of any Commission Orders by mail for purposes of this proceeding only. (5) The Attorney General shall adhere to the procedural schedule set forth in the Commission's January 30, 2014 Order.

Objection to Wallace McMullen and Sierra Club’s Initial Request for Information No. 8b.

W. Duncan Crosby III Kentucky Utilities Company and Louisville Gas and Electric Company

Correction Notice and Corrected Motion to Strike or Alternatively Reply to AG Notice of Contest

Joe F. Childers Wallace McMullen and Sierra Club

Certificate of Completed Notice

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

Motion to Strike or Alternatively Reply to AG Notice of Contest

Joe F. Childers Wallace McMullen and Sierra Club

Petition of Kentucky Utilities Company to Deviate from Public Notice Publication Requirements

W. Duncan Crosby III Kentucky Utilities Company

Notice of Contest

Dennis G. Howard, II Kentucky Office of Attorney General

First Initial Data Requests to LGE and KU

Joe F. Childers Wallace McMullen and Sierra Club

Data Request

Initial Data Requests

LW Cook KY Office of the Attorney General

Initial requests for information

Eileen Ordover Association of Community Ministries, Inc.

Wallace McMullen Sierra Clubs Reply in Support of Motion for Leave to Intervene

Objection to the Motion to Intervene of Wallace McMullen and the Sierra Club

W. Duncan Crosby III Kentucky Utilities Company and Louisville Gas and Electric Company

Kentucky Industrial Utility Customers Inc. Petition to Intervene

Wallace McMullen Sierra Clubs Motion of Wallace McMullen and Sierra Club for Leave to Intervene

Motion to Intervene

Don C. A. Parker Wal-Mart Stores East, LP and Sams East, Inc.

Motion to Intervene

Angela M. Goad Office of the Attorney General

Order Entered: 1. The Companies' proposed DSM tariffs are suspended for five months from February 16, 2014, up to and including July 15, 2014. 2. The procedural schedule set forth in the Appendix, which is attached hereto and incorporated herein, shall be followed. 3. a. All requests for information and responses thereto shall be appropriately bound, tabbed, and indexed, and the original and ten copies shall be filed with the Commission, with copies to all parties of record. Any request for information by letter from the Commission Staff shall be responded to as if set forth in a Commission Order. All responses shall include the name of the witness who will be responsible for responding to questions related to the information provided. b. Each response shall be answered under oath or, for representatives of a public or private corporation or a partnership or an association or a governmental agency, be accompanied by a signed certification of the preparer or person supervising the preparation of the response on behalf of the entity that the response is true and accurate to the best of that person's knowledge, information, and belief formed after a reasonable inquiry. c. A party shall make timely amendment to any prior response if it obtains information which indicates that the response was incorrect when made or, though correct when made, is now incorrect in any material respect.

Motion To Intervene

Eileen Ordover Association of Community Ministries, Inc.

Community Action Council for Lexington-Fayette, Bourbon, Harrison, and Nicholas Counties, Inc.s Motion to Intervene

Iris G. Skidmore Community Action Council for Lexington-Fayette, Bourbon, Harrison, and Nicholas Counties, Inc.

JOINT APPLICATION OF LOUISVILLE GAS AND ELECTRIC COMPANY AND KENTUCKY UTILITIES COMPANY FOR REVIEW,MODIFICATION, AND CONTINUATION OF EXISTING, AND ADDITION OF NEW,DEMAND-SIDE MANAGEMENT AND ENERGY EFFICIENCY PROGRAMS

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

20140102_PSC_Acknowledgement Letter.pdf

LGE and KU Notice of Intent and Election to File Application for Demand-Side Management and Energy Efficiency Programs