Kentucky Public Service Commission

Request to Submit Based on the Record

Jason R. Bentley East Kentucky Midstream, LLC

Motion to Schedule Hearing

L. Allyson Honaker Kentucky Frontier Gas, LLC

Attorney Generals Notice regarding Hearing

J. Michael West Office of the Attorney General

20240917_PSC Letter Filing Sander Resources Response to East Kentucky Midstream into the Record.pdf

Rebuttal Testimony of Steven Shute

L. Allyson Honaker Kentucky Frontier Gas, LLC

Order Entered: 1. Sander shall provide responses to the requests for information Nos. 1, 2, 3, 4, and 6. 2. Sander shall not provide responses to requests for information Nos. 5, 7, 8, and 9. 3. Sander shall have until September 13, 2024, to respond to the requests for information requested by East Kentucky Midstream using the process outlined in this Order. 4. The procedural schedule issued as an Appendix to the August 8, 2024 Order shall be amended to reflect that the deadline to request a hearing or that the matter be decided on the record shall be extended from September 13, 2024, to September 30, 2024.

EKM Request for Information to Sanders

Jason R. Bentley East Kentucky Midstream, LLC

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed. 2. This Order should not be construed as preventing the Commission from entering further Orders in this matter.

Comments on Sander Resources Report

L. Allyson Honaker Kentucky Frontier Gas, LLC

Comments to Sanders Resources’ Final Report

Jason R. Bentley East Kentucky Midstream, LLC

20240716_PSC Letter Filing Final Report of Regulatory Status of East Kentucky Midstream, LLC into the Record.pdf

Order Entered: 1. East Kentucky Midstream shall make all necessary personnel available in person and all documents requested by Sanders available during the Sanders assessment. 2. Kentucky Frontier shall make all necessary personnel available in person and all documents requested by Sanders available during the Sanders’ assessment. 3. The Commission’s Division of Inspection (DOI) shall provide one member of staff to be present during the duration of the field assessment. Kory Kiser will be the DOI representative, will coordinate the field assessment and any exchange of documents necessary to complete the comprehensive report. Mr. Kiser may be reached at [email protected] or (502) 791- 0237. 4. Sanders shall conduct a field assessment of East Kentucky Midstream’s natural gas pipeline system. 5. Sanders shall make the field assessment schedule available to the DOI representative, prior to April 1. 6. The field assessment in this matter shall begin on April 1, 2024, during weekdays designated by Sanders, during working hours, and ending by May 1, 2024. 7. The consultants shall provide a comprehensive report, including the details of the field assessment, as it relates to pipeline jurisdiction as prescribed by 49 CFR 192 and KRS 278.010(3), along with final mapping and GIS data of the system with locations, components and the type, status, and function of pipeline segments.

Order Entered: 1. East Kentucky Midstream shall not materially alter the operation or configuration of its natural gas pipeline system without first informing the Commission of its intent in writing and providing the exact location and the element of the system to be altered. 2. East Kentucky Midstream shall document the existing operation and configuration of any connection to or element of its system by use of photographs, schematic drawings, or any other useful means before any existing connection or system element is materially altered. 3. Nothing contained in this Order shall prevent the Commission from entering further Orders in this matter.

Order Entered: 1. East Kentucky Midstream’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 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. East Kentucky Midstream shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Notice of filing for affidavit

Kathryn A. Eckert East Kentucky Midstream, LLC

EKM Response to Post Deposition Request for Information

Kathryn A. Eckert East Kentucky Midstream, LLC

Motion for confidential treatment to accompany its response to Staff post deposition request for information

Kathryn A. Eckert East Kentucky Midstream, LLC

20230728_Deposition of John White - Condensed.pdf

20230728_Deposition of John White.pdf

20230728_Deposition of Darrell Parks - Condensed.pdf

20230728_Deposition of Darrell Parks.pdf

20230728_Deposition of Michael Harris - Condensed.pdf

20230728_Deposition of Michael Harris.pdf

20230728_Deposition of Jack Banks - Condensed.pdf

20230728_Deposition of Jack Banks.pdf

Data Request

20230607_PSC Subpoena - Mike Harris.pdf

20230607_PSC Subpoena - John White.pdf

20230607_PSC Subpoena - Jack Banks.pdf

20230607_PSC Subpoena - Darrell Banks.pdf

Kentucky Frontier Gas, LLC Response to Commission Subpoena Duces Tecum

20230517_PSC Subpoena - Kentucky Frontier Gas, LLC co Allyson Honaker.pdf

20230517_PSC Subpoena - Jefferson Gas, LLC co Mark Enderle.pdf

Comment to PSC Letter Filing Document in Record

L. Allyson Honaker Kentucky Frontier Gas, LLC

20230419_PSC Letter Filing Document into the Record.pdf

Response to public comment

L. Allyson Honaker Kentucky Frontier Gas, LLC

20230224_Letter Filing IC Memo into the Record.pdf

Order Entered: 1. The motion to continue the IC is granted. 2. The IC in this matter is scheduled on February 23, 2023, at 10 a.m. Eastern Standard Time, in person, at the Commission’s offices at 211 Sower Boulevard, Frankfort, Kentucky.

Motion to reschedule the 2/22/23 informal conference

Kathryn A. Eckert East Kentucky Midstream, LLC

Notice of Informal Conference

Reply Brief of Kentucky Frontier Gas, LLC

L. Allyson Honaker Kentucky Frontier Gas, LLC

Brief responding to initial brief of Kentucky Frontier, and cover letter

Jason R. Bentley East Kentucky Midstream, LLC

corrected response to PH PSC 05, and cover letter

Kathryn A. Eckert East Kentucky Midstream, LLC

Reply Brief of OAG

J. Michael West Office of the Kentucky Attorney General

East Kentucky Midstream brief in support of its post-formal conference position

Jason R. Bentley East Kentucky Midstream, LLC

Brief of Kentucky Frontier Gas, LLC

L. Allyson Honaker Kentucky Frontier Gas, LLC

Order Entered: 1. Kentucky Frontier’s motion, filed on November 30, 2022, requesting a formal hearing is denied. 2. East Kentucky Midstream’s motion, filed on December 1, 2022, requesting that this matter be decided based upon the written record is granted. 3. Kentucky Frontier’s motion, filed on December 6, 2022, requesting a briefing schedule in this matter is granted. 4. Each party may file a memorandum brief in support of their respective post-formal conference position on or before January 20, 2023. 5. Each party may file a response brief addressing only issues raised in other parties’ initial briefs on or before February 9, 2023.

Request to Establish Briefing Schedule if Hearing Not Held

L. Allyson Honaker Kentucky Frontier Gas, LLC

EKM Request for Matter to be Submitted on Written Record

Jason R. Bentley East Kentucky Midstream, LLC

Request for Formal Hearing

L. Allyson Honaker Kentucky Frontier Gas, LLC

Order Entered: 1. East Kentucky Midstream’s motion for confidential treatment is granted. 2. Kentucky Frontier’s motion for confidential treatment is granted. 3. 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. 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. East Kentucky Midstream shall inform the Commission if the designated material granted confidential treatment by paragraph 1 of this Order becomes publicly available or no longer qualifies for confidential treatment.

Jack Justice testimony on behalf of EKM

Kathryn A. Eckert East Kentucky Midstream, LLC

Second Supplement to Response to Staff 1st Set of Data Requests

Kathryn A. Eckert East Kentucky Midstream, LLC

East Kentucky Midstream Motion for Confidential Treatment related to information filed with its Response to Staffs Post-Formal Conference Request for Information

Kathryn A. Eckert East Kentucky Midstream, LLC

East Kentucky Midstream Response to Staff post formal conference data requests

Kathryn A. Eckert East Kentucky Midstream, LLC

Responses to data requests

L. Allyson Honaker Kentucky Frontier Gas, LLC

Direct Testimony of Steven Shute

L. Allyson Honaker Kentucky Frontier Gas, LLC

First Supplement to Response to Kentucky Frontier Initial Data Requests for item 01

Kathryn A. Eckert East Kentucky Midstream, LLC

First Supplement to Response to Attorney General Initial Data Requests for items 09 and 10

Kathryn A. Eckert East Kentucky Midstream, LLC

First Supplement to Response to Staff 1st Set of Data Requests for item 09

Kathryn A. Eckert East Kentucky Midstream, LLC

East Kentucky Midstream Response to Staff supplemental data requests

Kathryn A. Eckert East Kentucky Midstream, LLC

Data Request

Data Request

Order Entered: 1. East Kentucky Midstream’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 five years 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. East Kentucky Midstream 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, East Kentucky Midstream 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.

Data Request

Order Entered: 1. A formal conference in this matter shall be held on Friday, October 14, 2022 at 10 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. 2. East Kentucky Midstream shall make Jack Justice and Jack Banks available to participate at the October 14, 2022 formal conference. 3. Kentucky Frontier shall make Mike Harris available to participate at the October 14, 2022 formal conference. 4. The formal conference shall be recorded in electronic format, but shall not be lived streamed.

EKM Motion for Confidential Treatment related to certain information in the response to first set of data requests

Kathryn A. Eckert East Kentucky Midstream, LLC

East Kentucky Midstream Response to KY Frontier Initial Data Requests

Kathryn A. Eckert East Kentucky Midstream, LLC

East Kentucky Midstream LLC Response to Attorney General Initial Data Requests

Kathryn A. Eckert East Kentucky Midstream, LLC

EKM Response to Staffs initial data requests

Kathryn A. Eckert East Kentucky Midstream, LLC

Initial Data Requests to East Kentucky Midstream, LLC

L. Allyson Honaker Kentucky Frontier Gas, LLC

First Set of Data Requests

J. Michael West Office of the Attorney General

Data Request

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed. 2. 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.

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. 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.

Entry of Appearance of Counsel and Consent to Electronic Service in Compliance with 8/11/2022 Order

Kathryn A. Eckert East Kentucky Midstream, LLC

Order Entered: 1. The August 11, 2022 Order is amended to expand the scope of investigation of this proceeding to include whether East Kentucky Midstream is subject to the Commission’s jurisdiction under any provision of KRS Chapter 278. 2. Kentucky Frontier is made a party to this proceeding. 3. A copy of this Order shall be served upon Kentucky Frontier and its counsel at the service addresses provided in Case No. 2022-00224. 4. The Commission puts East Kentucky Midstream on notice that if it is determined to be a utility, then it would be subject to penalties for violations of KRS Chapter 278, including but not limited to violations of KRS 278.022(2).

Kentucky Attorney Generals Motion to Intervene

J. Michael West Kentucky Attorney General

Order Entered: 1. This proceeding is opened to investigate the jurisdictional status of East Kentucky Midstream and its compliance with KRS Chapter 278, 807 KAR Chapter 005, and 49 C.F.R. Parts 191 and 192. 2. East Kentucky Midstream is made a party to this proceeding. 3. The record in Case No. 2022-00224¹6 shall be incorporated by reference into this matter. 4. Any interested party may, by counsel, file a motion to intervene within 14 days of the date of service of this Order. 5. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of service of this Order, East Kentucky Midstream 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. 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. 7. Pursuant to 807 KAR 5:011, Section 8(9), within seven days of service of this Order, East Kentucky Midstream shall file by electronic means a written statement that it waives any right to service of Commission orders by United States mail and that it or its authorized agents possess the facilities to receive electronic submissions.