Kentucky Public Service Commission

Post-Hearing Brief

L. Allyson Honaker East Kentucky Power, Inc.

Lexington-Fayette Urban County Government’s Post Hearing Brief

Dennis G. Howard II Lexington-Fayette Urban County Government

Fayette Alliances Initial Post-Hearing Brief

Matthew R. Malone Fayette Alliance, Inc.

Order Entered: LFUCG’s November 15, 2024 motion to supplement the record is denied.

Supplemental Responses

Brittany Hayes Koenig East Kentucky Power Cooperative Inc.

Response and Objection to Motion to Supplement

Brittany Hayes Koenig East Kentucky Power Cooperative Inc.

20241118_PSC Notice of Filing Hearing Documents - October 29, 2024.pdf

Redacted Responses

Brittany Hayes Koenig East Kentucky Power Cooperative Inc.

Lexington-Fayette Urban County Government’s Motion to Supplement Record

Dennis G. Howard II Lexington-Fayette Urban County Government

Post Hearing Data Response

Greg Cecil East Kentucky Power Cooperative, Inc.

Data Request

Corrected Supplemental Filing

Brittany Hayes Koenig East Kentucky Power Cooperative Inc.

Response 8a to LFUCGs Supplemental Request for Information dated July 3, 2024

Brittany Hayes Koenig East Kentucky Power Cooperative, Inc.

Supplemental Response to LFUCGs Second Request 21a

Brittany Hayes Koenig East Kentucky Power Cooperative, Inc.

Proof of Publication

Brittany Hayes Koenig East Kentucky Power Cooperative Inc.

Notice of Request for Publication

Brittany Hayes Koenig East Kentucky Power Cooperative Inc.

Witness List

Brittany Hayes Koenig East Kentucky Power Cooperative Inc.

Order Entered: 1. EKPC’s April 26, 2024 motion for confidential treatment is granted. 2. EKPC’s June 12, 2024 motion for confidential treatment is granted in part and denied in part. Confidential treatment is granted for EKPC’s response to LFUCG’s First Request, Item 37(b) and financial terms found in the documents provided in response to LFUCG’s First Request, Items 43 and 46. Confidential treatment is denied for the remainder of EKPC’s response to LFUCG’s First Request, Items 43 and 46. 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 ten 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 by this Order becomes publicly available or no longer qualifies for confidential treatment, EKPC shall inform the Commission and file with the Commission an unredacted copy of the designated material.

Order Entered: 1. A hearing in this matter shall be held on October 29, 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. 3. Witnesses who sponsor schedules, testimony, or responses to requests for information shall participate in person at the hearing. If any witnesses will be substituted for witnesses who sponsored schedules, testimony, or responses to requests for information, parties shall file into the record the identity of the substituted witnesses and the schedules, testimony, or responses to requests for information they will sponsor on or before October 22, 2024. 4. East Kentucky Power Cooperative, Inc. (EKPC) shall file a witness list at least seven days prior to the hearing date. 5. EKPC shall give notice of the hearing in compliance with 807 KAR 5:001, Section 9(2)(b). In addition, the notice of hearing shall include the following statements: “This hearing will be streamed live and may be viewed on the PSC website, psc.ky.gov” and “Public comments may be made at the beginning of the hearing.

Lexington-Fayette Urban County Governments Notice of Withdrawal of Counsel and Change of Certification of Electronic Service

Dennis G. Howard II Lexington-Fayette Urban County Government

Lexington-Fayette Urban County Government and Fayette Alliance, Inc’s Motion for Hearing

Dennis G. Howard II Lexington-Fayette Urban County Government and Fayette Alliance, Inc.

East Kentucky Power Cooperative, Incs responses to Commission Staffs Third Request for Information and Motion to Submit.

Greg Cecil East Kentucky Power Cooperative, Inc.

Data Request

East Kentucky Power Cooperative, Inc. (EKPC) has submitted its responses to Lexington-Fayette Urban County Government’s (LFUCG) Supplemental Request for Information in the case concerning the construction of solar facilities in Marion and Fayette Counties.

Greg Cecil East Kentucky Power Cooperative, Inc.

East Kentucky Power Cooperative, Inc. (EKPC) has submitted its responses to Fayette Alliances Supplemental Requests for Information in the case concerning the construction of solar facilities in Marion and Fayette Counties.

Greg Cecil East Kentucky Power Cooperative, Inc.

East Kentucky Power Cooperative, Inc. (EKPC) has submitted its responses to the Commission Staff’s Second Request for Information in the case regarding the construction of solar facilities in Marion and Fayette Counties.

Greg Cecil East Kentucky Power Cooperative, Inc.

Supplemental Data Requests

Matthew Malone Fayette Alliance, Inc.

Data Request

Lexington-Fayette Urban County Government Supplemental Requests for Information

Dennis G. Howard II Lexington-Fayette Urban County Government

East Kentucky Power Cooperative, Inc. Responses to Fayette Alliance Initial Information Request

Chris Adams East Kentucky Power Cooperative, Inc.

Order Entered: 1. The Commission’s May 14, 2024 Procedural Schedule is amended to permit EKPC to respond to Fayette Alliance’s first data requests on or before June 18, 2024. 2. All other terms of the Commission’s May 14, 2024 Procedural Schedule, not in conflict with this Order, remain in effect.

EKPC Responses to LFUCG

Chris Adams East Kentucky Power Cooperative

EKPC Responses to Staff DR1

Chris Adams East Kentucky Power Cooperative

Post-Intervention Statement

Matthew Malone Fayette Alliance, Inc.

Joint Motion to Amend Procedural Schedule for Responses to Fayette Alliance

Heather Temple East Kentucky Power Cooperative Inc.

Order Entered: 1. Fayette Alliance’s motion to intervene is granted. 2. Fayette Alliance 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. Fayette Alliance’s motion for leave to submit data requests upon EKPC is granted. 4. Fayette Alliance 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. 5. Fayette Alliance shall adhere to the procedural schedule set forth in the Commission’s May 14, 2024 Order and as amended by subsequent Orders. 6. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of service of this Order, Fayette Alliance 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 nunc pro tunc, that: 1. The following is stricken: “The information requested is due on June 5, 2024.” and is replaced with the following language: “The information requested is due on or before June 12, 2024.” 2. All other provisions of the Commission’s May 30, 2024 Order that are not in conflict with the terms of this Order shall remain in effect. 3. Given that the May 30, 2024 Order is hereby amended nunc pro tunc, EKPC’s motion for clarification is denied as moot.

Motion for Leave to File Data Requests and Data Requests

Matthew Malone Fayette Alliance, Inc.

Lexington-Fayette County Urban Government’s Initial Requests for Information

Dennis G. Howard II Lexington-Fayette Urban County Government

Lexington-Fayette County Government’s Certification

Dennis G. Howard II Lexington-Fayette Urban County Government

Motion to Clarify Date Responses are Due

L. Allyson Honaker East Kentucky Power, Inc.

Data Request

Order Entered: 1. LFUCG’s petition to intervene is granted. 2. LFUCG 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. LFUCG 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. LFUCG shall adhere to the procedural schedule set forth in the Commission’s May 14, 2024, 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, LFUCG 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.

Motion to Intervene

Matthew Malone Fayette Alliance, Inc.

Lexington-Fayette Urban County Government Motion to Intervene

Dennis G. Howard II Lexington-Fayette Urban County Government

Order Entered: 1. EKPC’s application for approval of the proposed evidence of indebtedness is continued beyond the 60-day period specified in KRS 278.300(2). 2. The procedural schedule set forth in the Appendix to this Order shall be followed. 3. EKPC shall respond to all requests for information propounded by Commission Staff, whether identified on the procedural schedule or otherwise, as provided in those requests. 4. 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. The Commission directs the parties to the Commission’s July 22, 2021 Order in Case No. 2020-00085¹ regarding filings with the Commission. 5. As set forth in 807 KAR 5:001, Section 4(11)(a), a person requesting permissive intervention in a Commission proceeding is required to demonstrate either (1) a special interest in the proceeding that is not adequately represented in the case, or (2) that the person requesting permissive intervention is likely to present issues or develop facts that will assist the Commission in fully considering the matter without unduly complicating or disrupting the proceedings.

20240501_PSC No Deficiency Letter.pdf

Application and Exhibits

L. Allyson Honaker East Kentucky Power, Inc.

20240425_PSC Acknowledgment Letter.pdf

East Kentucky Power Cooperative, Inc. Notice of Intent to File an Application for a Certificate of Public Convenience and Necessity, Approval of Financing and Other General Relief Using Electronic Filing Procedures