Kentucky Public Service Commission

Order Entered: 1. BREC’s December 11, 2023 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 indefinitely 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. If the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment, BREC shall inform the Commission and file with the Commission an unredacted copy of the designated material. 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, BREC 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. If BREC is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection.

Order Entered nunc pro tunc, that: 1. Ordering paragraph 8 is stricken and is replaced with the following language: BREC shall use a seven-year depreciation period for the Green Station conversion costs as set forth in its application 2. All other provisions of the Commission’s June 11, 2021 Order that are not in conflict with the terms of this Order shall remain in effect.

Final Order Entered: 1. BREC is granted a CPCN to convert Green Station to a natural-gas facility as set forth in its application. 2. BREC shall notify the Commission prior to performing any additional construction not expressly authorized by this Order. 3. Any deviation from the construction approved by this Order shall be undertaken only with prior approval of the Commission. 4. BREC shall file with the Commission documentation of the total costs of this project, including the cost of construction and all other capitalized costs within 60 days of the date that construction authorized under this CPCN is substantially completed. Construction costs shall be classified into appropriate plant accounts in accordance with the Uniform System of Accounts for water utilities prescribed by the Commission. 5. BREC shall file a copy of the “as-built” drawings and a certified statement that the construction has been satisfactorily completed in accordance with the contract plans and specifications within 60 days of the substantial completion of the construction certificated by this Order.

Order Entered: 1. BREC, Attorney General, and KIUC’s joint motion to cancel the hearing and submit this matter for a decision on the written record is granted. 2. The formal hearing previously scheduled for May 25–26, 2021, is canceled. 3. The Commission takes this case under submission for a determination on the written record.

Order Entered: 1. BREC’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 a period of 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. BREC shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Joint Recommendations and Motion for a Decision on the Existing Record of the Attorney General, KIUC, and Big Rivers

TYSON KAMUF Big Rivers Electric Corporation

Big Rivers responses to Commission Staffs Third Request for Information dated May 4, 2021

Roger Hickman Big Rivers Electric Corporation

Big Rivers Newspaper Notice of Hearing on May 25 and May 26

Roger Hickman Big Rivers Electric Corporation

Data Request

Big Rivers responses to Commission Staffs 2nd Information Request, Attorney Generals Supplemental Data request, and KIUCs 2nd Data Request

Roger Hickman Big Rivers Electric Corporation

Data Request

Kentucky Industrial Utility Customers (KIUC) Second Set of Discovery Requests to Big Rivers Electric Corporation

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

Order Entered: 1. BREC’s motion for confidential treatment is granted. 2. The designated material in BREC’s response to Staff’s First Request, Items 4, 6, 15, and 18 that was 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. 3. The designated material in BREC’s response to Item 10 of the Attorney General’s Initial Data Requests that was granted confidential treatment by this Order shall not be placed in the public record or made available for public inspection for two years or until further Order of this Commission.

OAGs Supplemental Data Requests

Lawrence Cook Kentucky Attorney Generals Office

Big Rivers Responses to March 17, 2021, Information Requests

Roger Hickman Big Rivers Electric Corporation

Kentucky Industrial Utility Customers (KIUC) Written Statement

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

Kentucky Industrial Utility Customers (KIUC) First Set of Data Requests to Big Rivers Electric Corporation

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

Order Entered: 1. The 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 regulations, 807 KAR 5:001, Section 8, related to the service and electronic filing of documents.

Data Request

Office of the Attorney Generals Initial Data Requests

Lawrence W Cook Kentucky Attorney Generals Office

Kentucky Industrial Utility Customers (KIUC) Motion to Intervene

Michael Kurtz Kentucky Industrial Utility Customers (KIUC) -

Order Entered: 1. A hearing in this matter shall be held on Tuesday, May 25, 2021 at 9 a.m. Eastern Daylight Time, and continue on Wednesday, May 26, 2021, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 2. Big Rivers Electric Corporation (BREC) 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 statement: “This hearing will be streamed live and may be viewed on the PSC website, psc.ky.gov.” At the time the notice is mailed or publication is requested, BREC shall forward a duplicate of the notice and request to the Commission. 3. Pursuant to KRS 278.360 and 807 KAR 5:001, Section 9(9), a digital video transcript shall be made of the hearing.

Order Entered: 1. The motion of the Attorney General to intervene is granted. 2. The Attorney General 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. 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. The Attorney General shall adhere to the procedural schedule set forth in the Commission’s March 5, 2021 Order and as amended by subsequent Orders. 5. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of entry 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 should be served.

OAG Motion to Intervene

Larry Cook Kentucky Attorney Generals Office

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 original in paper medium and an electronic copy in accordance with the electronic filing procedures set forth in 807 KAR 5:001, Section 8. The original in paper medium shall be appropriately bound, tabbed, and indexed. 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 March 16, 2020 and March 24, 2020 Orders in Case No. 2020-00085¹ regarding filings with the Commission. The Commission expects the original documents to be filed with the Commission within 30 days of the lifting of the current state of emergency.

Order Entered: 1. BREC’s motion for confidential treatment is granted. 2. The terms of special contracts, bid information, and generation system maps and design drawings 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.

20210302_PSC No Deficiency Letter.pdf

Application and Motion for Confidential Treatment

Tyson Kamuf Big Rivers Electric Corporation

20210218_PSC Acknowledgment Letter.pdf

Big Rivers Electric Corporation Notice of Intent to File an Application for a Certificate of Public Convenience and Necessity to Convert Green Station to Natural Gas and Authority to Establish a Regulatory Asset Using Electronic Filing Procedures