Kentucky Public Service Commission

Order Entered: 1. Kentucky Power’s August 4, 2023 motion for confidential treatment is granted. 2. The designated material filed shall not be placed in the public record or made available for public inspection for the periods requested by Kentucky Power or until further order of this Commission. 3. Joint Intervenors’ unredacted, confidential brief is granted confidential treatment and shall not be placed in the public record or made available for public inspection for five 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. Kentucky Power shall inform the Commission if the designated material granted confidential treatment by this Order becomes publicly available or no longer qualifies for confidential treatment.

Order Entered: 1. Kentucky Power’s motion for clarification is denied. 2. This case is closed and removed from the Commission’s docket.

Joint Intervenors’ Response to Kentucky Power Company’s Motion for Partial Rehearing or Clarification

Byron Gary Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Ken

Kentucky Power Company’s Motion for Partial Rehearing or Clarification

Marilyn Michelle Caldwell Kentucky Power Company

Final Order Entered: 1. Kentucky Power’s proposed Contract with Cyber Innovation is approved effective on and after the date of this Order. 2. Kentucky Power shall implement its tariff provision regarding the pass through of capacity costs. 3. Kentucky Power shall file an annual report with the Commission detailing revenues received from Cyber Innovations. 4. During any future rate proceeding, Kentucky Power shall demonstrate, through detailed cost-of-service analysis, that non-EDR ratepayers are not adversely affected by the Contract. 5. Kentucky Power shall file an annual report with the Commission providing the information as shown in Appendix A of Administrative 327 Order, which is attached as an Appendix to this Order. 6. Within 20 days of the date of service of this Order, Kentucky Power shall file with the Commission, using the Commission’s electronic Tariff Filing System, the special contract as approved herein. 7. This case is closed and removed from the Commission’s docket.

20230913_PSC Notice of Filing Hearing Documents.pdf

Reply Brief Of Kentucky Power Company

Marilyn Michelle Caldwell Kentucky Power Company

Reply Brief of Joint Intervenors Mountain Association, Kentuckians For The Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Council, Inc.

Byron Gary Joint Intervenors Mountain Association, Kentuckians For The Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Ken

Post-Hearing Brief of Joint Intervenors Mountain Association, Kentuckians For The Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Council, Inc.

Byron Gary Joint Intervenors Mountain Association, Kentuckians For The Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Ken

Kentucky Power Companys Initial Post-Hearing Brief

Marilyn Michelle Caldwell Kentucky Power Company

Ltr. of KIUC advising the Commission it has elected to NOT file a Post-Hearing Brief

Michael L. Kurtz Kentucky Industrial Utility Customers (KIUC)

Attorney Generals Post-Hearing Brief

J. Michael West Office of the Kentucky Attorney General

Kentucky Power Companys Responses to Joint Intervenors Post-Hearing Data Requests

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Companys Responses to Commission Staffs July 28, 2023 Post-Hearing Data Requests

Marilyn Michelle Caldwell Kentucky Power Company

Kentucky Power Companys Notice of Filing of EDR Contract Addendum

Marilyn Michelle Caldwell Kentucky Power Company

Data Request

Post-Hearing Data Requests

Byron Gary Joint Intervenors Mountain Association, Kentuckians For The Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, And Ken

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before July 28, 2023. 2. Responses to post-hearing requests for information shall be filed on or before August 4, 2023. 3. Counsel for any party may file an initial memorandum brief in support of its post-hearing position on or before August 28, 2023. 4. Counsel for any party may file a brief responding to any other parties’ initial brief on or before September 1, 2023. 5. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Daylight Time, September 2, 2023.

Kentucky Power Companys Notice of Filing of Proof of Publication

Marilyn Michelle Caldwell Kentucky Power Company

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

Kentucky Power Companys Notice of Filing of Request for Publication of Notice of Hearing

Marilyn Michelle Caldwell Kentucky Power Company

Motion to Admit Thomas Cmar Pro Hac Vice

Byron Gary Joint Intervenors Mountain Association, Kentuckians For The Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Ken

Notice of Entry of Appearance

Byron Gary Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Co

Order Entered: 1. A hearing in this matter shall be held on July 25, 2023, 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 5:001E, 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 requests for information shall participate in person at the July 25, 2023 hearing. 4. Kentucky Power Company (Kentucky Power) shall give notice of the hearing in compliance with 807 KAR 5:001E, 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. Those wishing to make oral public comments may do so by following the instructions listed on the PSC website, psc.ky.gov.” At the time the notice is mailed or publication is requested, Kentucky Power shall forward a duplicate of the notice and request to the Commission. 5. Pursuant to KRS 278.360 and 807 KAR 5:001E, Section 9(9), a digital video transcript shall be made of the hearing.

Joint Intervenors’ Motion for a Hearing and the Establishment of a Procedural Schedule

Ashley Wilmes Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and the Kentucky Resourc

Kentucky Power Company’s request to submit on the record.

Lerah M. Kahn Kentucky Power Company

Notice regarding Hearing

J. Michael West Attorney General

Kentucky Power Company filing Rebuttal Testimony for Brian West and Amanda Clark.

Scott Bishop Kentucky Power Company

Joint Intervenors Corrected Response To Data Requests from Commission Staff

Ashley Wilmes Mountain Association, Kentuckians For The Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Co

Joint Intervenors Corrected Response To Data Requests from Kentucky Power Company

Ashley Wilmes Mountain Association, Kentuckians For The Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Co

Joint Intervenors Response To Data Requests from Commission Staff

Ashley Wilmes ountain Association, Kentuckians For The Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Cou

Joint Intervenors Response To Data Requests from Kentucky Power Company

Ashley Wilmes Mountain Association, Kentuckians For The Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Co

Kentucky Power Company filing initial Data Requests to Joint Intervenors.

Scott Bishop Kentucky Power Company

Data Request

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

Order Entered: 1. Kentucky Power’s motion for confidential treatment is granted. 2. The designated material granted confidential treatment by this Order included in Kentucky Power’s responses to Staff’s First Request Item 1, Attachment 1, Attorney General’s First Request, Item 9(b), Attachment 1, and Attorney General’s First Request, Item 10(b), Attachment 1 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. The designated material granted confidential treatment by this Order included in Kentucky Power’s responses to Attorney General’s First Request Item 19, Attachment 1 and Attorney General’s First Request, Item 20, Attachment 1 shall not be placed in the public record or made available for public inspection for five 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 5:001E, Section 13(9).

Testimony of Stacy Sherwood on Behalf of Joint Intervenors

Ashley Wilmes Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Co

Kentucky Power Company filing responses to the Joint Intervenors February 10, 2023 data requests and Motion for Confidential Treatment.

Scott Bishop Kentucky Power Company

Kentucky Power Company filing responses to the Attorney Generals February 9, 2023 data requests and attachment.

Scott Bishop Kentucky Power Company

Kentucky Power Company filing responses to Commission Staffs February 8, 2023 data requests.

Scott Bishop Kentucky Power Company

Supplemental Data Requests of Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Council, Inc. To Kentucky Power Company

Tom FitzGerald Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens Law Center, Sierra Club, and Kent

Attorney Generals Supplemental Data Requests

J. Michael West Kentucky Attorney General

Data Request

Kentucky Power Company filing responses to Joint Intervenors January 13, 2023 data request.

Scott E. Bishop Kentucky Power Company

Kentucky Power Company filing responses to Attorney Generals January 13, 2023 data requests; and attachments.

Scott E. Bishop Kentucky Power Company

Kentucky Power Company filing responses to Commission Staffs January 19, 2023 data requests; Motion for Confidential Treatment and attachment.

Scott E. Bishop Kentucky Power Company

Statement of Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Council, Inc. Regarding Receipt Of Electronic Transmissions

Tom FitzGerald Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens Law Center, Sierra Club, and Kent

Initial Data Requests of Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens’ Law Center, Sierra Club, and Kentucky Resources Council, Inc. To Kentucky Power Company.

Tom FitzGerald Joint Intervenors Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens Law Center, Sierra Club, and Kent

OAGs First Set of Data Requests

J. Michael West Kentucky Attorney General

Written Statement of Kentucky Industrial Utility Customers (KIUC)

Michael L Kurtz Kentucky Industrial Utility Customers (KIUC)

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 5:001E, 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 15, 2022 Order and as amended by subsequent Orders. 5. Pursuant to 807 KAR 5:001E, Section 8(9), within seven days of service of this Order, Joint Movants 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: 1. KIUC’s motion to intervene is granted. 2. KIUC 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. KIUC shall comply with all provisions of the Commission’s regulations, 807 KAR 5:001E, Section 8, related to the service and electronic filing of documents. 4. KIUC shall adhere to the procedural schedule set forth in the Commission’s December 15, 2022 Order and as amended by subsequent Orders. 5. Pursuant to 807 KAR 5:001E, Section 8(9), within seven days of service of this Order, KIUC 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.

Errata Attachment 3

Lerah M Scott Kentucky Power Company

Data Request

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.

JOINT MOTION OF MOUNTAIN ASSOCIATION, KENTUCKIANS FOR THE COMMONWEALTH, APPALACHIAN CITIZENS’ LAW CENTER, SIERRA CLUB, AND KENTUCKY RESOURCES COUNCIL, INC. FOR FULL INTERVENTION AS JOINT INTERVENORS

Tom FitzGerald Mountain Association, Kentuckians for the Commonwealth, Appalachian Citizens Law Center, Sierra Club, and Kentucky Resources Cou

Kentucky Industrial Utility Customers (KIUC) Motion to Intervene

Michael L Kurtz Kentucky Industrial Utility Customers (KIUC)

Entry of Appearance and Written Statement

Lerah M Scott Kentucky Power Company

OAGs Motion to Intervene

J. Michael West Office of the Attorney General

Order Entered: 1. This proceeding is established to investigate the reasonableness of the proposed Special Contract. 2. Kentucky Power’s proposed Special Contract is suspended for five months from December 16, 2022, up to and including May 15, 2023. 3. Kentucky Power 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 service of this Order, Kentucky Power 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.

Kentucky Power Contract Filing