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Kentucky Public Service Commission Issues Order on LG&E/KU Energy LLC's Application for Certificates of Public Convenience and Necessity

Strategic Insights

— 3 min read

The Kentucky Public Service Commission has issued an order on May 14, 2025, in the matter of LG&E/KU Energy LLC's application for certificates of public convenience and necessity and site compatibility certificates. The order consolidates Case No. 2025-00105 with this proceeding and amends the procedural schedule to ensure the orderly processing of this matter. The Commission also finds that the costs of the consultants engaged by the Commission to review LG&E/KU's amended environmental compliance plan should be included in the environmental surcharge amount.

Key Takeaways:

  • The Kentucky Public Service Commission has issued an order on May 14, 2025, related to LG&E/KU Energy LLC's application for certificates of public convenience and necessity and site compatibility certificates.
  • The order consolidates Case No. 2025-00105 with this proceeding and amends the procedural schedule to ensure the orderly processing of this matter.
  • The Commission has employed a consultant to review LG&E/KU's amended environmental compliance plan, and the costs of the consultants will be included in the environmental surcharge amount.
  • The procedural schedule has been amended to extend the deadline for intervening parties to participate in requests for information and assist the Commission in creating a thorough record.
  • The Commission has incorporated Case No. 2025-00105 into the record of this proceeding, making all relevant information and testimony part of the record.
  • The reimbursement process for consultants engaged by the Commission will be followed, with invoices sent to the Commission for review and payment, and the Commission will forward the invoices to LG&E/KU for reimbursement.
  • LG&E/KU will reimburse the Commission for the amount of the invoice within 30 days of receipt.
  • The Commission has designated the following parties as intervenors and notified them via email service List for Case 2025-00045:

+ Angela M. Goad, Assistant Attorney General

+ Ashley Wilmes, Kentucky Resources Council, Inc.

+ Honorable Allyson K. Sturgeon, Vice President and Deputy General Counsel

+ Bethany Baxter, Childers & Baxter PLLC

+ Honorable William H. May, III, Attorney at Law

+ Thomas J. FitzGerald, Counsel & Director, Kentucky Resources Council, Inc.

+ James W. Gardner, Sturgill, Turner, Barker & Moloney, PLLC

+ Jody Kyler Cohn, Boehm, Kurtz & Lowry

+ Joe F. Childers, Childers & Baxter PLLC

+ John Horne, Office of the Attorney General

+ Joshua Smith, Sierra Club

+ Kristin Henry, Staff Attorney, Sierra Club Environmental Law Program

+ Larry Cook, Assistant Attorney General

+ Michael West, Office of the Attorney General

+ Honorable Michael L. Kurtz, Attorney at Law

+ Nathaniel Shoaff, Sierra Club

+ Rick E. Lovekamp, Manager - Regulatory Affairs

+ Robert Conroy, Vice President, State Regulation and Rates

+ Rebecca C. Price, Sturgill, Turner, Barker & Moloney

+ Randal A. Strobo, Strobo Barkley PLLC

+ Simon Mahan, Southern Renewable Energy Association

+ Sara Judd, Senior Corporate Attorney

+ Toland Lacy, Office of the Attorney General

+ Tony Mendoza, Staff Attorney, Sierra Club Environmental Law Program

+ M. Todd Osterloh, Sturgill, Turner, Barker & Moloney, PLLC

+ Whit Cox, Southern Renewable Energy Association

Statistics:

  • The two approximately 645 megawatt (MW) net summer rating natural gas combined cycle combustion turbine (NGCC) facilities will be constructed.
  • A selective catalytic reduction (SCR) facility will be built.
  • A 400 MW, 4-hour (1600 megawatt hour (MWh)) lithium-ion battery energy storage system (BESS) facility will be developed.
  • The costs of the consultants engaged by the Commission will be included in the environmental surcharge amount, as per KRS 278.183(4).
  • The Commission has designated 26 parties as intervenors and notified them via email service List for Case 2025-00045.
  • The amended procedural schedule sets deadlines for various milestones, including intervention requests (by May 19, 2025), supplemental requests for information (by May 27, 2025), responses to supplemental requests for information (by June 2, 2025), and intervenor testimony (by June 6, 2025).
  • The public hearing is scheduled to be held on August 4, 2025, at 9 a.m. Eastern Daylight Time in the Richard Raff Hearing Room at the offices of the Public Service Commission.

Sources:

  • Kentucky Public Service Commission Order (May 14, 2025)
  • Kentucky Public Service Commission Order (March 13, 2025)
  • Electronic Application of Kentucky Utilities Company for Approval of its 2025 Compliance Plan for Recovery by Environmental Surcharge (Case 2025-00105)
  • Appalachian Voices v. Kentucky Public Service Commission (Case No. 2025-00045)

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