Kentucky Public Service Commission Reopens Case for Informal Conference to Discuss Kentucky Power's Requests

Strategic Insights -

The Kentucky Public Service Commission has issued an order reopening case number 2021-00004, which involves Kentucky Power Company's (Kentucky Power) application for approval of a Certificate of Public Convenience and Necessity (CPCN) for environmental project construction at the Mitchell Generating Station. The Commission has scheduled an informal conference to discuss Kentucky Power's remaining requests, including seeking regulatory approvals to make capital investments required to continue taking capacity and energy from the Mitchell Plant after December 31, 2028. The conference is set to take place on March 6, 2025, at 10 a.m. Eastern Standard Time.

Key Takeaways:

  • The Kentucky Public Service Commission has reopened case number 2021-00004 to discuss Kentucky Power's remaining requests, including seeking regulatory approvals to make capital investments required to continue taking capacity and energy from the Mitchell Plant after December 31, 2028.
  • The Commission has scheduled an informal conference to discuss Kentucky Power's requests, which will take place on March 6, 2025, at 10 a.m. Eastern Standard Time.
  • Kentucky Power's original application in this case was filed on February 8, 2021, and requested approval of CPCNs for two large-scale environmental projects to comply with the Effluent Limitations Guidelines (ELG) rules and the Coal Combustion Residuals (CCR) rules.
  • The Commission approved the CCR-only compliance option, labeled "Case 2," following an extensive administrative process, including intervenor testimony and arguments from the Attorney General and other intervenors.
  • The case was closed and removed from the Commission's docket after the issuance of the May 3, 2022, rehearing final Order, which approved Kentucky Power's requests to use a 20 percent depreciation rate for the Mitchell CCR compliance project and establish a regulatory asset for ELG costs incurred at the Mitchell plant prior to the Commission's July 15, 2021, final Order.
  • Kentucky Power's motion to reopen the case and request an informal conference was granted by the Commission.
  • The case has been reopened for administrative purposes, and the parties involved have been notified.

Statistics:

  • February 8, 2021: Kentucky Power's original application in this case was filed.
  • July 15, 2021: The Commission's final Order was issued, granting final approval of the CCR-only compliance option.
  • May 3, 2022: The Commission's rehearing final Order was issued, approving Kentucky Power's requests to use a 20 percent depreciation rate for the Mitchell CCR compliance project and establish a regulatory asset for ELG costs incurred at the Mitchell plant.
  • March 6, 2025: The informal conference is scheduled to take place.
  • December 31, 2028: The deadline for Kentucky Power to continue taking capacity and energy from the Mitchell Plant.

Sources:

  • "Commonwealth of Kentucky Before the Public Service Commission In the Matter of: Electronic Application of Kentucky Power Company for Approval of a Certificate of Public Convenience and Necessity for Environmental Project Construction at the Mitchell Generating Station, an Amended Environmental Compliance Plan, and Revised Environmental Surcharge Tariff Sheets Case No. 2021-00004 Order" (March 3, 2025)
  • Kentucky Public Service Commission Docket: Case No. 2021-00004