Kentucky Public Service Commission Orders Additional Information Requests in Tariff Dispute

Strategic Insights -

The Kentucky Public Service Commission has ordered additional information requests in a tariff dispute between Big Rivers Electric Corporation, Kenergy Corp., and Kimberly-Clark Corporation. The dispute revolves around the Large Industrial Customer Standby Service Tariff (LICSS) rate design and behind-the-meter generation calculation. Intervenors, Kimberly-Clark and Domtar Paper Company, LLC, requested an additional round of information requests to understand the basis for alleged new claims made by Big Rivers Electric Corporation (BREC) in its rebuttal testimony. The Commission granted the request, but denied the intervenors' motion to amend the procedural schedule to require a response to the information request within seven days.

Key Takeaways:

  • The Kentucky Public Service Commission (PSC) has ordered additional information requests in a tariff dispute between Big Rivers Electric Corporation, Kenergy Corp., and Kimberly-Clark Corporation.
  • The dispute revolves around the Large Industrial Customer Standby Service Tariff (LICSS) rate design and behind-the-meter generation calculation.
  • Intervenors, Kimberly-Clark and Domtar Paper Company, LLC, requested an additional round of information requests to understand the basis for alleged new claims made by Big Rivers Electric Corporation (BREC) in its rebuttal testimony.
  • The PSC granted the request but denied the intervenors' motion to amend the procedural schedule to require a response to the information request within seven days.
  • The deadline for BREC and Kenergy to respond to the information requests has been set for March 8, 2024, and surrebuttal testimony is to be filed by March 18, 2024.
  • The dispute has raised concerns about the propriety and reasonableness of the LICSS rate design question.
  • The PSC has scheduled a formal hearing in the matter, with the date to be determined by a separate Order.

Statistics:

  • The PSC has suspended BREC's proposed tariff for five months, from October 1, 2023, to and including February 29, 2024.
  • Kenergy's proposed tariff has been suspended for five months, from October 11, 2023, to and including March 10, 2024.
  • The deadline for filing supplemental requests for information is February 23, 2024.
  • The deadline for parties to file responses to supplemental requests for information is March 8, 2024.
  • The deadline for filing surrebuttal testimony is March 18, 2024.

Sources:

  • Order of the Kentucky Public Service Commission, Case No. 2023-00312, Dated February 20, 2024
  • Regulation 807 KAR 5:001, Section 9
  • KRS 278.030
  • KRS 278.190(1) and (3)