Kentucky Public Service Commission

Order Entered: the three deviations noticed by EKPC in its September 8, 2023 Read First Letter are approved.

Order Entered: 1. EKPC’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 ten 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 5:001E, Section 13(9). 4. EKPC shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Final Order Entered: 1. EKPC is granted a CPCN to construct, own, and operate the new 138 kV– 69 kV double-circuit transmission line as well as the associated projects as described in its application, with the conditions expressed in this Order. 2. EKPC’s request to move the centerline 30 feet from structure BM069 and BM070 is approved so long as no new property owners are affected. 3. EKPC shall file a survey of the final location of the transmission facilities after any modifications are finalized as authorized by this Order and before construction begins. 4. EKPC shall notify the Commission upon knowledge of any material changes to the project, including but not limited to, increase in cost, any significant delays in construction, or any changes in the route of the transmission line not expressly authorized by his Order. 5. EKPC shall file as built drawings and maps within 60 days of the completion of the construction authorized by this Order. 6. EKPC shall furnish documentation of the total costs of this project including the cost of construction and all other capitalized costs, including, but not limited to, engineering, legal, and administrative expenses, within 60 days of the date construction of the transmission line portion is substantially completed. Construction costs shall be classified into appropriate plant accounts in accordance with the Uniform System of Accounts for electric utilities prescribed by the Commission.

EKPCs Post-Hearing Brief

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Motion to Take Administrative Notice

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

East Kentucky Power Post Hearing Responses

Chris Adams East Kentucky Power Cooperative, Inc.

Data Request

Order Entered: 1. EKPC’s January 23, 2023 motion for deviation from the notice requirements is granted. 2. Post-hearing requests for information, if any, shall be filed on or before January 26, 2023. 2. Responses to post-hearing requests for information shall be filed on or before February 2, 2023. 3. EKPC may file a memorandum brief in support of its post-hearing position on or before February 10, 2023. 4. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Standard Time, February 11, 2023.

Proof of Publication of Hearing Notice

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Notice of Additional Request for Publication of Hearing Notice and Motion for Deviation

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Supplemental Response to DR2-11

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Responses to Staffs Third Request for Information

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Notice of Filing Request to Publish Hearing Notice

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Data Request

Order Entered: 1. A hearing in this matter shall be held on January 24, 2023, at 9 a.m. Eastern Standard 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 5:001E, 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 data requests shall participate in person at the January 24, 2023 hearing. 4. East Kentucky Power Cooperative, Inc. (EKPC) shall give notice of the hearing in compliance with 807 KAR 5:001E, Section 9(2)(b).

Verification

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Responses to Staffs Second Data Requests

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Order Entered: 1. EKPC’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 ten 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. EKPC 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, EKPC 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 EKPC is unable to make such demonstration, the requested material shall be made available for inspection. Otherwise, the Commission shall deny the request for inspection. 6. The Commission shall not make the requested material available for inspection for 30 days from the date of service of an Order finding that the material no longer qualifies for confidential treatment in order to allow EKPC to seek a remedy afforded by law.

Data Request

Responses to Data Requests

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Data Request

Order Entered: 1. This case is continued to 120 days, up to and including February 24, 2023. 2. The procedural schedule set forth in the Appendix to this Order shall be followed. 3. 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. 4. 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.

20221028_PSC No Deficiency Letter.pdf

Application for CPCN

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

Notice of Intent

L. Allyson Honaker East Kentucky Power Cooperative, Inc.

20220914_PSC Acknowledgment Letter.pdf

East Kentucky Power Cooperative, Inc. Notice of Intent to File an Application for a (1) Certificate of Pubic Convenience and Necessity for the Construction of Transmission Facilities in Madison County, Kentucky; and (2) Declaratory Order Confirming that a