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Kentucky Public Service Commission Orders Duke Energy to Reschedule Hearing, Grant Confidential Treatment

Strategic Insights

— 2 min read

The Kentucky Public Service Commission has ordered Duke Energy Kentucky to reschedule a hearing in a construction surcharge case, granting the company's motion to do so. The commission also granted confidential treatment to certain documents and instructed Duke Energy to provide notice of a new hearing date. The order, issued on May 14, 2025, follows a series of filings and requests for information from various parties involved in the case.

Key Takeaways:

  • The commission granted Duke Energy's motion to reschedule the May 28, 2025 hearing, and instead scheduled a new hearing for June 17, 2025.
  • The commission granted confidential treatment to certain documents, including attachments to Duke Energy's filings, as well as highlighted information in certain items.
  • Duke Energy is required to provide notice of the new hearing date to the Sierra Club and other parties in compliance with 807 KAR 5:001, Section 9(2).
  • The commission instructed Commission Staff to coordinate with the Sierra Club to ensure technological abilities for a virtual appearance at the evidentiary hearing.
  • The provisions of the April 9, 2025 order remain in effect, except where in conflict with the new order.
  • Sierra Club witness Cheslea Hotaling may appear virtually at the evidentiary hearing.
  • Duke Energy is required to demonstrate that confidentially treated material still falls within exclusions from disclosure requirements established in KRS 61.878 if a nonparty requests to inspect it.

Statistics:

  • 10 years: the period for which certain designated material granted confidential treatment shall not be placed in the public record or made available for public inspection.
  • 30 days: the time period Duke Energy has to demonstrate that confidentially treated material still falls within exclusions from disclosure requirements established in KRS 61.878.
  • 2: the number of formal hearings scheduled, including the June 17, 2025, hearing.
  • 1: the number of informal conference scheduled, which occurred on April 25, 2025.

Sources:

  • Kentucky Public Service Commission, Regular Cases Before the Commission as of May 15, 2025 (dated May 15, 2025).
  • Kentucky Public Service Commission, Order Entered: Construction Surcharge - Environmental (dated May 14, 2025).
  • Kentucky Public Service Commission, File Entry: Duke Energy Kentucky, Inc.s Motion for Leave to Withdraw Application Without Prejudice (dated May 14, 2025).
  • Kentucky Public Service Commission, Letter Filing IC Memo and Sign In Sheet into the Record (dated May 6, 2025).
  • Kentucky Public Service Commission, File Entry: Duke Energy Kentucky, Inc.s Motion to Modify the May 28, 2025 Hearing Date, Statement of Non-objection to Sierra Club Witness Chelsea Hotaling Appearing Virtually, and Request for Expedited Ruling (dated May 2, 2025).

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