Kentucky Public Service Commission


View Case Filings for: 2024-00370


Case Number:2024-00370
Service Type:Electric
Filing Date:11/25/2024
Category:Regular
Utilities:

East Kentucky Power Cooperative, Inc.


Electronic Case
Case Nature:

ELECTRONIC APPLICATION OF EAST KENTUCKY POWER COOPERATIVE, INC. FOR 1) CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO CONSTRUCT A NEW GENERATION RESOURCES; 2) FOR A SITE COMPATIBILITY CERTIFICATE RELATING TO THE SAME; 3) APPROVAL OF DEMAND SIDE MANAGEMENT TARIFFS; AND 4) OTHER GENERAL RELIEF


Scheduled
04/23/2025 Formal Hearing
04/22/2025 Formal Hearing
04/21/2025 Formal Hearing







Case Filings
FilingDocuments
2/21/2025 4:03:41 PM

Order Entered: Jacob Elkin is admitted pro hac vice for the purpose of representing the Joint Intervenors in association with Byron L. Gary in the above-styled proceeding, provided that Byron L. Gary or another member of the Kentucky Bar Association acts as co-counsel and is present at all proceedings before this Commission.


2/21/2025 3:44:57 PM

Order Entered: Cassandra McCrae is admitted pro hac vice for the purpose of representing the Joint Intervenors in association with Byron L. Gary in the above-styled proceeding, provided that Byron L. Gary or another member of the Kentucky Bar Association acts as co-counsel and is present at all proceedings before this Commission.


2/21/2025 3:41:23 PM

Order Entered: Shannon Fisk is admitted pro hac vice for the purpose of representing the Joint Intervenors in association with Byron L. Gary in the above-styled proceeding, provided that Byron L. Gary or another member of the Kentucky Bar Association acts as co-counsel and is present at all proceedings before this Commission.


2/20/2025 10:13:26 PM

Notice of inability to provide Supplemental Testimony


Byron L. Gary Joint Intervenors

2/20/2025 8:00:53 PM

Revised Direct Testimony on Behalf of Joint Intervenors Appalachian Citizens’ Law Center, Kentuckians For The Commonwealth, and Mountain Association


Byron L. Gary Joint Intervenors

2025-02-20-JI-direct-ES-PUBLIC-REVISED-RLSO.pdf

Testimony of Elizabeth A. Stanton, PhD on Behalf of Joint Intervenors Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Mountain Association - Public Revised Version Changes

2025-02-20-JI-direct-ES-PUBLIC-REVISED.pdf

Testimony of Elizabeth A. Stanton, PhD on Behalf of Joint Intervenors Appalachian Citizens’ Law Center, Kentuckians For The Commonwealth, and Mountain Association - Public Revised Version

2/19/2025 3:27:12 PM

Supplemental Response to JI 1-4


L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Read_1st.pdf

Cover Letter

2/19/2025 8:50:23 AM

Data Request


2/17/2025 5:35:18 PM

Order Entered: 1. Supplemental Intervenor Testimony shall be due February 20, 2025. 2. Requests for Information to Intervenors shall be due March 4, 2025. 3. Intervenor Responses to Requests for Information shall be due March 17, 2025. 4. EKPC Rebuttal Testimony shall be due March 31, 2025. 5. All provisions of the Commission’s prior scheduling Orders that conflict with this Order are vacated. Any provisions not in conflict remain in effect.


2/14/2025 11:21:50 PM

Direct Testimony on Behalf of Joint Intervenors


Byron L. Gary Joint Intervenors

2025-02-14-JI-direct-ES-PUBLIC.pdf

Testimony of Elizabeth A. Stanton, PhD on Behalf of Joint Intervenors Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Mountain Association - Public Version

2025-02-14-JI-direct-MR.pdf

Testimony of Maria Roumpani, PhD on Behalf of Joint Intervenors Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Mountain Association

2/13/2025 10:29:24 PM

Motion of Joint Intervenors to Amend Procedural Schedule


Byron L. Gary Joint Intervenors

2025-01-23-JI-motn-amendsched.pdf

Motion of Joint Intervenors Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Mountain Association to Amend Procedural Schedule

2/13/2025 8:36:56 PM

Supplemental Response to JI DR 1-4


L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Read_1st.pdf

Cover Letter

Supplemental_Response_to_JI_1-4.pdf

Supplemental Response JI DR 1-4

2/13/2025 7:22:31 PM

Motions of Joint Intervenors to Admit Counsel Pro Hac Vice


Byron L. Gary Joint Intervenors

2025-02-10-JI-PHV-CM.pdf

Motion of Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Mountain Association Admit Cassandra McCrae Pro Hac Vice

2025-02-10-JI-PHV-JE.pdf

Motion of Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Mountain Association Admit Jacob Elkin Pro Hac Vice

2025-02-10-JI-PHV-SF.pdf

Motion of Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Mountain Association Admit Shannon Fisk Pro Hac Vice

2/12/2025 10:55:35 AM

Order Entered: The case record of Case No. 2024-00310, as of the filings tendered on or before February 15, 2025, is incorporated by reference into the record of this proceeding.


2/11/2025 6:43:12 PM

Supplemental Responses to Joint Intervenors Second Request for Information


L. Allyson Honaker East Kentucky Power Cooperative, Inc.

2024-00370_-_JI_-_Supplemental_Responses_Final.pdf

Supplemental Responses to Joint Intervenors' DR 2

Read_1st.pdf

Cover Letter

1/31/2025 7:07:14 PM

Responses to Joint Interveors Second Data Request.


Jacob Watson Greg Cecil

2024-00370_-_JI_-_DR2_-_Responses.pdf

Redacted Responses to Joint Intervenor's Second Data Request

2024-00370_-_Staff_-_DR2_-_Responses.pdf

Redacted Responses to Joint Interveor's Second Data Request.

JI2.10.pdf

Attachment JI2.10

JI2.25_and_2.26.xlsx

Attachment JI2.25 and 2.26

JI2.2a.1.xlsx

Attachment JI2.2a.1

JI2.45a.1.pdf

Attachment JI2.45a.1

JI2.45b.1.pdf

Attachment JI2.45b.1

JI2.45c.1.pdf

Attachment JI2.45c.1

JI2.55.xlsx

Attachment JI2.55

JI2.66.xlsx

Attachment JI2.66

JI2.77.xlsx

Attachment JI2.77

Read_1st.pdf

Cover Letter

1/31/2025 4:02:26 PM

Responses to Staffs Second Data Request


Jacob Watson Greg Cecil

2024-00370_-_Staff_-_DR2_-_Responses.pdf

Responses to Staff's Second Data Request

1/31/2025 3:59:37 PM

Responses to Staffs Second Data Request


Jacob Watson Greg Cecil

Read_1st.pdf

Cover Letter

Staff2.10_-_FAC_Total_Fuel_Cost_History.xlsx

Attachment Staff2.10 - FAC Total Fuel Cost History

Staff2.24-1.pdf

Attachment Staff2.24-1

Staff2.25.xlsx

Attachment Staff2.25

Staff2.8_Declaration_of_Harm.pdf

Attachment Staff2.8 Declaration of Harm

1/31/2025 3:47:06 PM

EKPC responses to AGs Second Data Request.


Jacob Watson Greg Cecil

2024-00370_-_AG_-_DR2_-_Responses.pdf

EKPC Responses to AG's Second Data Request

Read_1st.pdf

Cover Letter

1/17/2025 10:39:58 PM

Supplemental Requests for Information of Joint Intervenors to East Kentucky Power Cooperative, Inc.


Byron L. Gary Joint Intervenors

2025-01-17-2024-00370-JI-DR2.pdf

Supplemental Requests for Information of Appalachian Citizens Law Center, Kentuckians for the Commonwealth, and Mountain Association to East Kentucky Power Cooperative, Inc.

1/16/2025 7:34:14 PM

Statement of Joint Intervenors Regarding Joint Participation in This Proceeding


Byron L. Gary Joint Intervenors

2025-01-16-2024-00370-JI-jtpartstmt.pdf

Statement of Joint Intervenors Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Mountain Association Regarding Joint Participation in This Proceeding

1/16/2025 10:36:19 AM

Data Request


1/15/2025 4:56:52 PM

Supplemental Response to Staff DR 1-24


L. Allyson Honaker East Kentucky Power Cooperative, Inc.

PSC_Request_1-24_-_Supplement.pdf

Supplemental Response to Staff DR 1-24

Read_1st.pdf

Cover Letter

1/13/2025 11:30:52 AM

Supplemental Data Requests


J. Michael West Office of the Attorney General

250113_Supplemental_DRs.pdf

Attorney General's Supplemental Data Requests

1/10/2025 1:47:04 PM

EKPCs Responses to Joint Intervenors Data Requests


L. Allyson Honaker East Kentucky Power Cooperative, Inc.

JI1-12.xlsx

Excel Attachment JI1-12

JI1-23b.pdf

Excel Attachment JI1-23b

JI1-23c.pdf

Excel Attachment JI1-23c

JI1-24c_-_NG_Coal_ADHub.xlsx

Excel Attachment JI1-24c

JI1-24e.xlsx

Excel Attachment JI124e

JI1-24g.xlsx

Excel Attachment JI1-24g

JI1-3c-1.xlsx

Excel Attachment JI1-3c-1

JI1-3c-2.xlsx

Excel Attachment JI1-3c-2

JI1-4b_-_VOM.xlsx

Excel Attachment JI1-4b

JI1-4j_-_Planned_Outages.xlsx

Excel Attachment JI1-4j

JI1_-_15_-_NOFO.pdf

Excel Attachment JI1-15

1/8/2025 3:50:39 PM

Order Entered: 1. The procedural schedule established December 5, 2024, and amended December 20, 2024, is hereby amended as set forth in Order. 2. EKPC shall file complete responses to the Joint Movants’ first requests for information tendered and served on December 20, 2024, on or before January 10, 2025. 3. The remainder of the December 5, 2024 procedural schedule, and amended December 20, 2024, not in conflict with this Order remains in effect. 4. This case shall proceed according to the current procedural schedule unless otherwise ordered by the Commission.


1/7/2025 9:29:50 PM

Notice of Withdrawal of Counsel


L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Case_No._2024-00370.pdf

Notice of Withdrawal of Brittany Hayes Koenig

Read_1st.pdf

Cover Letter

1/7/2025 2:31:40 PM

Written Statement of Joint Intervenors Regarding Receipt of Electronic Transmissions


Byron L. Gary Joint Intervenors

2025-01-07-2024-00370-JI-svcstmt.pdf

Written Statement of Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Mountain Association Regarding Receipt of Electronic Transmissions

1/6/2025 12:58:20 PM

Order Entered: 1. Joint Movants’ motion to intervene is granted. 2. Joint Movants are 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: Joint Movants 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. Joint Movants shall adhere to the procedural schedule set forth in the Commission’s December 5, 2024, Order and as amended by subsequent Orders.


1/3/2025 4:37:03 PM

EKPC Responses to Commission Staffs First Request for Information


Greg Cecil East Kentucky Power Cooperative, Inc.

Read_First_PSC_DR1.pdf

Read First Cover Letter

1/3/2025 3:56:37 PM

EKPC Responses to NUCOR DR1


Greg Cecil East Kentucky Power Cooperative, Inc.

Read_First_PSC_DR1.pdf

Read First Cover Letter

1/3/2025 3:52:55 PM

EKPC Responses to AGs First Request for information.


Greg Cecil East Kentucky Power Cooperative, Inc.

AG1-9_-_NG_forecasts.xlsx

EKPC Attachment to AG DR1 AG1-9 NG forecasts.xlsx

Read_First_PSC_DR1.pdf

Read First - Cover Letter

12/20/2024 5:35:59 PM

Tendered Initial Requests for Information of Joint Movants for Joint Intervention


Byron L. Gary Joint Movants for Joint Intervention

2024-12-20-2024-00370-JI-DR1-DRAFT.pdf

Tendered Initial Requests for Information of Appalachian Citizens Law Center, Kentuckians for the Commonwealth, Kentucky Solar Energy Society,, and Mountain Association to East Kentucky Power Cooperative, Inc.

12/20/2024 12:35:07 PM

Data Request


12/20/2024 11:43:12 AM

NUCOR STEEL GALLATIN’S FIRST SET OF DISCOVERY TO EAST KENTUCKY POWER COMPANY, INC


Michael L. Kurtz Nucor Steel Gallatin

KPSC_Ltr_-_2024-00370.pdf

Cover Ltr - Read 1st

12/20/2024 10:59:24 AM

Order Entered: 1. The procedural schedule established on December 5, 2024, is amended. 2. A hearing in this matter shall be held on April 21–23, 2025, 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. 3. The procedural schedule set forth in the Appendix to this Order shall be followed.


12/16/2024 12:44:58 PM

First Set of Data Requests


J. Michael West Office of the Attorney General

12/13/2024 4:19:14 PM

Joint Motion for Full Intervention as Joint Intervenors


Byron L. Gary Joint Movants for Joint Intervention

2024-12-13-2024-00370-JI-MtI.pdf

Joint Motion of Appalachian Citizens’ Law Center, Kentuckians for the Commonwealth, and Mountain Association for Full Intervention as Joint Intervenors

12/11/2024 4:13:20 PM

Nucor Steel Gallatin Written Statement of Mail Waiver


Michael L. Kurtz Nucor Steel Gallatin

KPSC_Ltr_-_2024-00370.pdf

Cover Ltr - Read 1st

12/11/2024 11:31:18 AM

Order Entered: 1. Nucor’s motion to intervene is granted. 2. Nucor 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. Nucor 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. Nucor shall adhere to the procedural schedule set forth in the Commission’s December 5, 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, Nucor 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.


12/6/2024 4:15:55 PM

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.


12/6/2024 2:31:39 PM

Entry of Appearance and Written Statement


L. Allyson Honaker East Kentucky Power, Inc.

Entry_of_Appearance_and_Written_Statement.pdf

Entry of Appearance and Written Statement on behalf of EKPC

Read_1st.pdf

Cover Letter

12/5/2024 3:10:11 PM

Order Entered: 1. This proceeding is established to investigate the reasonableness of the proposed DSM tariff. 2. EKPC’s proposed DSM tariff is suspended for five months from January 1, 2025, up to and including June 1, 2025. 3. EKPC shall, by counsel, enter an appearance in this proceeding within seven days of the date of service of this Order. The entry of appearance shall include the name, address, telephone number, fax number, and electronic mail address of counsel. 4. 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. 5. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of the date of service of this Order, EKPC 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 agent possess the facilities to receive electronic submissions.


12/5/2024 2:06:37 PM

Notice of Unavailable Dates


Heather Temple East Kentucky Power Cooperative Inc.

12/3/2024 3:22:37 PM

Corrected Motion to Intervene


J. Michael West Office of the Attorney General

12/3/2024 3:18:44 PM

Motion to Intervene


J. Michael West Office of the Attorney General

11/25/2024 3:43:53 PM

20241125_PSC Deficiency Cured Letter.pdf


11/25/2024 10:49:52 AM

Response to Deficiency Letter


L. Allyson Honaker East Kentucky Power, Inc.

11/22/2024 3:57:38 PM

Nucor Steel Gallatin Motion to Intervene


Michael L. Kurtz Nucor Steel Gallatin

KPSC_Ltr_-_2024-00370.pdf

Cover Ltr - Read 1st

11/22/2024 3:47:35 PM

20241122_PSC Deficiency Letter.pdf


11/20/2024 7:15:53 PM

Application and Motion for Confidential Treatment


L. Allyson Honaker East Kentucky Power, Inc.

Attachment_JJT-5.xlsx

Attachment JJT-5

Read_1st.pdf

Cover Letter

11/19/2024 9:29:33 AM

20241119_PSC Acknowledgment Letter.pdf


11/18/2024

East Kentucky Power Cooperative, Inc. Notice of Intent to File an Application for 1) Certificates of Public Convenience and Necessity to Construct a New Generation Resources; 2) For a Site Compatibility Certificate Relating to the Same; 3) Approval of Dema


20241118_East Kentucky Power Cooperative, Inc. Notice of Intent and Election.pdf

East Kentucky Power Cooperative, Inc. Notice of Intent and Election