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Routine Notice Added Final

Kentucky Power Company Cooling Tower Construction Application Order

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Published March 18th, 2026
Detected March 19th, 2026
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Summary

The Kentucky Public Service Commission issued an order granting the motion of Kentucky Industrial Utility Customers, Inc. (KIUC) to intervene in Kentucky Power Company's application to construct a cooling tower at the Mitchell Plant. KIUC represents a major customer whose interests may not be otherwise adequately represented.

What changed

The Kentucky Public Service Commission (PSC) issued an order on March 18, 2026, granting full intervention rights to the Kentucky Industrial Utility Customers, Inc. (KIUC) in the application filed by Kentucky Power Company (Case No. 2026-00001) for a certificate of public convenience and necessity to construct a mechanical draft cooling tower at the Mitchell Plant. KIUC's intervention was based on its representation of Catlettsburg Refining, LLC, a subsidiary of Marathon Petroleum LP, which is Kentucky Power's largest retail customer, purchasing approximately 15 percent of its energy. The Commission found that KIUC has a special interest not otherwise adequately represented and is likely to present issues or develop facts that will assist the Commission.

This order primarily addresses the procedural aspect of KIUC's intervention. KIUC is now entitled to the full rights of a party and will be served with all subsequent filings. The order directs KIUC to comply with Commission regulations regarding electronic filing and service of documents. While this order does not rule on the merits of Kentucky Power's application, it signifies the formal inclusion of a key stakeholder representing a major customer's interests in the ongoing proceedings. Regulated entities involved in similar applications should ensure all procedural requirements for intervention and filing are met.

What to do next

  1. Ensure compliance with electronic filing and service regulations (807 KAR 5:001, Section 8)

Source document (simplified)

COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of: ELECTRONIC APPLICATION OF KENTUCKY POWER COMPANY FOR 1) A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CONSTRUCT A MECHANICAL DRAFT COOLING TOWER AT THE MITCHELL PLANT 2) APPROVAL OF CERTAIN REGULATORY AND ACCOUNTING TREATMENTS, AND 3) ALL OTHER REQUIRED APPROVALS AND RELIEF ) ) ) ) ) ) ) ) CASE NO. 2026-00001 O R D E R This matter arises upon the motion of the Kentucky Industrial Utility Customers, Inc. (KIUC), filed March 11, 2026, for full intervention. As a basis for its motion, KIUC stated that it has a special interest in the proceeding because its member Catlettsburg Refining, LLC, a subsidiary of Marathon Petroleum LP (Marathon), is served by Kentucky Power Company (Kentucky Power), and its interest cannot be adequately represented by an existing party. KIUC also stated that it is likely to present issues or develop facts that will assist the Commission in fully considering the matters at hand. LEGAL STANDARD The Attorney General of the Commonwealth of Kentucky, by and through the Office of Rate Intervention (Attorney General), has the statutory right to intervene in KUIC’s Motion to Intervene (filed March 11, 2026) at 2.

-2- Case No. 2026-00001 Commission cases pursuant to KRS 367.150(8)(b). With limited exception, intervention by all others is permissive and within the sole discretion of the Commission. The regulatory standard for permissive intervention, set forth in 807 KAR 5:001, Section 4, is twofold. Commission regulation 807 KAR 5:001, Section 4(11), requires a person to set forth in the motion to intervene either (1) a special interest in the proceeding that is not otherwise adequately represented in the case, or (2) that intervention is likely to present issues or develop facts that will assist the Commission in fully considering the matter without unduly complicating or disrupting the proceedings. DISCUSSION AND FINDINGS Based on a review of the pleadings at issue and being otherwise sufficiently advised, the Commission finds that KIUC has demonstrated that it has a special interest in the proceeding over which the Commission has jurisdiction that is not otherwise adequately represented or that KIUC is likely to present issues or develop facts that will assist the Commission in considering this matter without unduly complicating or disrupting the proceedings for the reasons discussed below. KIUC asserted that it would present issues and develop facts related to electric rates and service that will assist the Commission in fully considering the matter without unduly complicating or disrupting the proceedings. KIUC stated that its member Catlettsburg Refining LLC, is a subsidiary of Marathon, which is the largest customer on the Kentucky Power system, purchasing approximately 15 percent of all energy sold at KRS 164.2807.

-3- Case No. 2026-00001 retail by Kentucky Power. Finally, KIUC pointed to its long history of being an active participant in matters before the Commission and stated it will be an active participant in this case, should its intervention request be granted. There are no objections on record to KIUC’s motion to intervene, Based on the above, the Commission finds that KIUC should be granted full rights of a party in this proceeding. The Commission directs KIUC to the Commission’s July 22, 2021 Order in Case No. 2020-00085 regarding filings with the Commission. IT IS HEREBY ORDERED that: 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 regulation 807 KAR 5:001, 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 March 6, 2026 Order and as amended by subsequent Orders. 5. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of service of this Order, KIUC shall file a written statement with the Commission that: Case No. 2020-00085, Electronic Emergency Docket Related to the Novel Coronavirus COVID- 19 (Ky. PSC July 22, 2021), Order (in which the Commission ordered that for case filings made on and after March 16, 2020, filers are NOT required to file the original physical copies of the filings required by 807 KAR 5:001, Section 8).

-4- Case No. 2026-00001 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Case No. 2026-00001 PUBLIC SERVICE COMMISSION ___________________________ Chairman ___________________________ Commissioner ___________________________ Commissioner ATTEST: ______________________ Executive Director

Denotes Served by Email Service List for Case 2026-00001Angela M GoadAssistant Attorney GeneralOffice of the Attorney General Office of Rate700 Capitol AvenueSuite 20Frankfort, KY 40601-8204Harlee P. HavensStites & Harbison250 West Main Street, Suite 2300Lexington, KY 40507Jody Kyler CohnBoehm, Kurtz & Lowry425 Walnut StreetSuite 2400Cincinnati, OH 45202Jennifer L. ParrishKentucky Power Company1645 Winchester AvenueAshland, KY 41101John G Horne, IIOffice of the Attorney General Office of Rate700 Capitol AvenueSuite 20Frankfort, KY 40601-8204Kentucky Power Company1645 Winchester AvenueAshland, KY 41101Kenneth J Gish, Jr.Stites & Harbison250 West Main Street, Suite 2300Lexington, KY 40507Katie M GlassStites & Harbison421 West Main StreetP. O. Box 634Frankfort, KY 40602-0634Lawrence W CookAssistant Attorney GeneralOffice of the Attorney General Office of Rate700 Capitol AvenueSuite 20Frankfort, KY 40601-8204Michael WestOffice of the Attorney General Office of Rate700 Capitol AvenueSuite 20Frankfort, KY 40601-8204Michael J. SchulerAmerican Electric Power Service Corporation1 Riverside Plaza, 29th FloorPost Office Box 16631Columbus, OH 43216Honorable Michael L KurtzAttorney at LawBoehm, Kurtz & Lowry425 Walnut StreetSuite 2400Cincinnati, OH 45202Toland LacyOffice of the Attorney General700 Capital AvenueFrankfort, KY 40601

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
State PUC
Published
March 18th, 2026
Instrument
Notice
Legal weight
Binding
Stage
Final
Change scope
Minor

Who this affects

Applies to
Energy companies
Geographic scope
State (Kentucky)

Taxonomy

Primary area
Energy
Operational domain
Legal
Topics
Public Utilities Regulatory Filings

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