Kentucky Public Service Commission

Final Order Entered: 1 . Eaton Asphalt's payment of Staff's proposed penalty is accepted and resolves the alleged violation that was the subject of the Incident Report. 2. Eaton Asphalt's payment of Staff's proposed penalty is not an admission by Eaton Asphalt that it willfully violated any provision of KRS Chapter 367 or any administrative regulation promulgated pursuant thereto. 3. The Commission's investigation of this incident is closed and the November 22, 2019 hearing is cancelled. 4. This case is closed and removed from the Commission's docket.

Notice of Filing

Order Entered: 1. Eaton Asphalt shall submit to the Commission a written response to the allegations contained in the Staff Incident Report on or before October 21, 2019. 2. Eaton Asphalt shall appear on November 22, 2019, at 9 a.m. , Eastern Standard Time, in Hearing Room 1 of the Commission's offices at 211 Sower Boulevard in Frankfort, Kentucky for the purpose of presenting evidence concerning the alleged violation of the Underground Facility Damage Prevention Act, and showing cause why it should not be subject to the penalties prescribed in KRS 367.4917(1) and (4) for this alleged violation. 3. A person shall not file a paper or appear at a hearing on behalf of, or otherwise represent, a partnership, corporation, or business entity (including a limited liability company) or other person unless the person is an attorney licensed to practice law in Kentucky. 4. The November 22, 2019 hearing shall be recorded by videotape only. 5. The Staff Incident Report in the Appendix to this Order is made a part of the record in this case. 6. This Order shall be served via certified mail, return receipt accepted, to Eaton Asphalt, c/o CT Corporation System, as Registered Agent for Service of Process, at 306 West Main Street, Suite 521, Frankfort, Kentucky 40601, and 136 East Frogtown Road, Walton, Kentucky 41094.