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. LG&E's requests that the Commission issue a declaratory order confirming that LG&E must calculate and add to the total bill for gas service of all customers located within Louisville Metro's jurisdiction, excluding those customers who reside with the 82 Home Rule Cities, a surcharge to collect any fees for the 2016 Franchise Agreement is granted. 2. LG&E shall recover the franchise fee associated with the 2016 Franchise Agreement in accordance with its Commission-approved Franchise Fee Rider. 3. Louisville Metro's request that the franchise fee at issue should be paid for by LG&E and not be passed directly on to customers is denied. 4. Louisville Metro's alternative request that LG&E should either be required to recover the franchise fees from all LG&E customers located within Louisville Metro's jurisdiction, including those customers who reside within the 82 Home Rule Cities, or be required to recover the franchise fees from all LG&E gas customers is denied. 5. Louisville Metro's motion to allow Gregory T. Dutton to withdraw as counsel for Louisville Metro is granted.

Motion to Withdraw as Counsel

Gregory Dutton Louisville/Jefferson County Metro Govt.

20171004_PSC Notice of Filing.pdf

Reply Brief

Gregory Dutton Louisville/Jefferson County Metro Government

LGE Reply Brief

Kendrick Riggs Louisville Gas and Electric Company

Merits Brief

Gregory Dutton Louisville/Jefferson County Metro Government

LGE Brief

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

Order Entered: 1. Louisville Metro's motion to amend the commencement of the oral argument hearing on September 28, 2017, is granted. 2. The start of the September 28, 2017 oral argument hearing shall be changed from 9 a.m. to 2 p.m. 3. An evidentiary hearing, if requested by the parties or on the Commission's own motion, shall be scheduled for Friday, September 29, 2017, at 9:00 a.m., Eastern Daylight Time, at offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 4. Pursuant to KRS 278.360 and 807 KAR 5:001. Section 9(a), a digital video transcript shall be made of the hearing.

Motion to Amend Commencement time of Oral Arguments

Gregory Dutton Louisville/Jefferson County Metro Government

Order Entered: 1. Louisville Metro's motion requesting the scheduling of oral arguments is granted. 2. Louisville Metro's motion requesting approval to withdraw its Issue 2 is denied. 3. The parties shall file simultaneous initial briefs addressing the legal issues presented in this matter on or before August 31, 2017. 4. The parties shall file simultaneous reply briefs on or before September 15, 2017. 5. Any request for a formal evidentiary hearing, along with a detailed description of material issues of fact, shall be submitted on or before September 15, 2017. 6. A hearing for receiving oral arguments on the legal issues presented in this matter shall be held on Thursday, September 28, 2017, at 9:00 a.m. Eastern Daylight Time, at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 7. LG&E shall present its oral argument first, followed by the presentation of oral argument from Louisville Metro. 8. If a formal evidentiary hearing is requested by a party to this proceeding, such hearing will be held at the conclusion of the oral arguments scheduled for September 28, 2017.

Response to LGE Motion for Leave to file Sur-reply

Gregory Dutton Louisville/Jefferson County Metro Government

LGEs Mtn for Leave to File Sur-Reply and Sur-Reply

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

Reply to LGE Response objecting to Louisville Metro Motion

Gregory Dutton Louisville/Jefferson County Metro Government

LGE Response to Lou Metro Mtn for Oral Argument and Withdrawal of Pending Claim

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

Motion for Oral Argument and Withdrawal of Issue

Gregory Dutton Louisville/Jefferson County Metro Government

Rebuttal Testimony

Gregory Dutton Louisville/Jefferson County Metro Government

LGE Rebuttal Testiomonies

Rick E. Lovekamp Louisville Gas and Electric Company

Order Entered: 1. Joint Movants' motion to establish a June 16, 2017, deadline for the filing of rebuttal testimony is granted. 2. LG&E and Louisville Metro shall file rebuttal testimony on or before June 16, 2017. 3. All other provisions of the Commission's February 27, 2017 Order, which established the procedural schedule in this matter, shall remain in full force and effect.

Joint Motion Requesting Rebuttal Testimony Deadline of LGE and Louisville Metro

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

LGEs Supplemental Responses to the Louisville Metro Governments First Request for Information Question Nos. 1 and 12

Rick E. Lovekamp Louisville Gas and Electric Company

LGEs Discovery Status Report

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

Discovery Status Report

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

Order Entered: 1. LG&E's motion to extend the deadline for filing of rebuttal testimony is denied as moot. 2. LG&E's request for an extension of the period of time for it to file a substantive response to Louisville Metro's motion to compel to no later than seven days from the date the parties report the discovery dispute cannot be resolved is granted. 3. LG&E shall file a status report on the parties' efforts to resolve the discovery dispute on or before May 15, 2017.

Response of LGE to Motion to Compel

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

Order Entered: 1. The procedural schedule appended to the Commission's February 27, 2017 Order is amended to the limited extent that the April 21, 2017 due date for the parties to file rebuttal testimony is suspended and a new due date shall be established by further Order of the Commission. 2. All other provisions of the Commission's February 27, 2017 Order shall remain in full force and effect.

Motion to Extend Filing of Rebuttal Testimony

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

Motion to Compel

Gregory Dutton Louisville/Jefferson County Metro Government

Affidavit of Rick Blackwell

Gregory Dutton Louisville/Jefferson County Metro Government

Louisville Metro Response to Requests for Information

Gregory Dutton Louisville/Jefferson County Metro Government

LGE Responses to Metro Governments First Request for Information and a Petition for Confidential Protection

Rick E. Lovekamp Louisville Gas and Electric Company

LGE Responses to Commission Staffs Initial Request for Information

Rick E. Lovekamp Louisville Gas and Electric Company

LGEs data responses to Louisville-Jefferson County Metro Government

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

Data Request

Requests for Information from LGE

Gregory Dutton Louisville/Jefferson County Metro Government

Data Request

Affidavit of Allen Neale

Gregory Dutton Louisville/Jefferson County Metro Government

Direct Testimony of Louisville Metro

Gregory T Dutton Louisville/Jefferson County Metro Government

Direct Testimonies of Lonnie E. Bellar and Robert M. Conroy

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

Order Entered: 1. Louisville Metro's motion for a rehearing is denied. 2. Louisville Metro's Motion to File Addendum in Case No. 2016-00347 is granted. 3. The existing procedural schedule established pursuant to the January 25, 2017 Order in Case No. 2016-00317 is revised as set forth in the Appendix. 4. The revised procedural schedule set forth in the Appendix supersedes any schedule previously established and shall be followed in this proceeding. 5. Case No. 2016-00347 is closed and removed from the Commission's docket.

LGEs Response to Louisville Metro Governments Motion for Rehearing

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

Louisville Metro Motion for Rehearing

Gregory Dutton Louisville/Jefferson County Metro Government

20170125_Case Record of Case No. 2016-00347.pdf

Order Entered: 1. Louisville Metro's motion to dismiss is denied. 2. Louisville Metro's motion for a procedural schedule is granted. 3. Pursuant to 807 KAR 5:001, Section 4(4), the case record of Case No. 2016-00347 shall be physically consolidated into the record of this matter. 4. The procedural schedule set forth in the appendix to this Order shall be followed. 5. a. Responses to requests for information in paper medium shall be appropriately bound, tabbed and indexed, and shall include the name of the witness responsible for responding to the questions related to the information provided, with an original in paper medium and six copies in paper medium and an electronic version to the Commission. b. Each response shall be answered under oath or, for representatives of a public or private corporation or a partnership or 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. Any 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.

Order Entered: LJCMG's motion to dismiss and its request for a procedural schedule are held in abeyance until further Order by the Commission.

Reply to LGE Response to Request for Procedural Schedule

Gregory T. Dutton Louisville/ Jefferson County Metro Government

LGE Response to Louisville/Jefferson Co Metro Government Request for a Procedural Schedule

Kendrick R. Riggs on behalf of Stoll Keenon Ogden PLLC Louisville Gas and Electric Company

Request for Procedural Schedule

Gregory Dutton Louisville/Jefferson County Metro Government

Written Statement of KIUC in Response to Commissions Order of Procedure

Michael L. Kurtz, Esq., Kentucky Industrial Utility Customers

Errata Filing

Gregory Dutton Louisville/Jefferson County Metro Government

Reply to LGE Response to Motion to Dismiss.

Gregory Dutton Louisville/Jefferson County Metro Government

LGE`s Verified Reply

Kendrick Riggs Louisville Gas and Electric Company

LGEs Response to LJCMGs Motion to Dismiss or in the Alternative Incorporate the Record

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

Order Entered: The motion of LJCMG to intervene is granted. 2. LJCMG shall be 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. LJCMG shall comply with all provisions of the Commission's regulation, 807 KAR 5:001, Section 8, related to the service and filing of documents. 4. Pursuant to 807 KAR 5:001 , Section 8(9), within seven days of entry of this Order, LJCMG 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 should be served.

Motion to Dismiss

Gregory T. Dutton Louisville/Jefferson County Metro Government

Motion to Intervene and Response

Gregory T. Dutton Louisville/Jefferson County Metro Government

Order Entered: 1. LG&E's motion to designate the electronic filing procedures for this case is granted. 2. The style of this case shall be amended to include the word "Electronic," as set forth above, and all future correspondence or filings in connection with this case shall reference the above style and case number. 3. All documents submitted in this proceeding shall comply with the Commission's rules of procedure as set forth in 807 KAR 5:001, and any deviation from these rules shall be submitted in writing to the Commission for consideration. 4. Any party filing a paper shall upload an electronic version using the Commission's E-Filing System and shall file an original and six copies in paper medium. 5. Any request for confidential treatment of material submitted shall conform to the requirements in 807 KAR 5:001, Section 13. 6. Materials submitted to the Commission that do not comply with the rules of procedure or that do not have an approved deviation are subject to rejection pursuant to 807 KAR 5:001, Section 3.

Order Entered: 1. The amended 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 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 regulation, 807 KAR 5:001, Section 7, related to the service and filing of documents. 4. Within seven days of entry of this Order, KIUC shall provide its electronic mail address to which all electronic documents issued by the Commission and other parties of record may be served upon Kl UC in accordance with 807 KAR 5:001, Section 4(8)(b).

KIUC Amended Motion to Intervene

KIUC Motion to Intervene

LGE Motion to Use Electronic Filing

20160831_PSC Acknowledgement Letter.pdf

Louisville Gas and Electric Company Application for a Declaratory Order Regarding the Proper Method of Municipal Franchise Fee Recovery