Sierra Club Intervention Granted in Kentucky Power Company Case

COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of:

O R D E R This matter arises upon the motion of the Sierra Club, filed March 13, 2026, for full intervention. As a basis for its motion, Sierra Club stated that it has a special interest in these proceedings not otherwise adequately represented in that it has members who are customers of Kentucky Power Company (Kentucky Power) and will bear the costs of Kentucky Power’s operational and investment decision, and are impacted by the economic, public health, and environmental impacts of such decisions. Sierra Club also 1 stated it will present issues or develop facts that will assist the Commission in fully considering the matter without unduly complicating or disrupting the proceedings as it has in previous cases, and that it is represented by experienced counsel and will comply with 2 all Commission rules and deadlines, as it has in the past. 3 ELECTRONIC APPLICATION OF KENTUCKY ) Sierra Club’s Motion to Intervene (filed Mar. 13, 2026) at 11. 1POWER COMPANY FOR 1) A CERTIFICATE OF )

Sierra Club’s Motion to Intervene at 7, and 10. 2PUBLIC CONVENIENCE AND NECESSITY TO )

CONSTRUCT A MECHANICAL DRAFT COOLING ) CASE NO. Sierra Club’s Motion to Intervene at 11. 3TOWER AT THE MITCHELL PLANT 2) ) 2026-00001 APPROVAL OF CERTAIN REGULATORY AND ) ACCOUNTING TREATMENTS, AND 3) ALL ) OTHER REQUIRED APPROVALS AND RELIEF )

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 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. 4 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 Sierra Club has experience with cases addressing issues like those likely to be addressed in this case and has previously presented testimony regarding such issues in previous cases before the Commission. Further, Sierra Club is represented by counsel with experience before the Commission and has indicated that it will comply with Commission rules and orders. Thus, based on a review of the record and being otherwise sufficiently advised, the Commission finds that Sierra Club 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. Based on the above, the Commission finds that Sierra Club should be granted full rights of a party in this proceeding. The Commission directs Sierra Club to the

KRS 164.2807. 4

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Commission’s July 22, 2021 Order in Case No. 2020-00085 regarding filings with the 5 Commission. IT IS HEREBY ORDERED that:

1. Sierra Club’s motion to intervene is granted.
2. Sierra Club is granted 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.

1. Sierra Club shall comply with all provisions of the Commission’s regulations,
   807 KAR 5:001, Section 8, related to the service and electronic filing of documents.

2. Sierra Club shall adhere to the procedural schedule set forth in the

Commission’s March 6, 2026 Order and as amended by subsequent Orders.

1. Pursuant to 807 KAR 5:001, Section 8(9), within seven days of service of
   this Order, Sierra Club shall file a written statement with the Commission that:

2. Certifies that it, or its agent, possesses the facilities to receive
   electronic transmissions; and

3. Sets forth the electronic mail address to which all electronic notices
   and messages related to this proceeding shall be served.

Case No. 2020-00085, Electronic Emergency Docket Related to the Novel Coronavirus COVID-5

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).

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PUBLIC SERVICE COMMISSION

___________________________ Chairman

___________________________ Commissioner

___________________________ Commissioner

ATTEST:

______________________ Executive Director

Case No. 2026-00001

*Angela M Goad *Kenneth J Gish, Jr. *Nathaniel Shoaff Assistant Attorney General Stites & Harbison Sierra Club Office of the Attorney General Office of Rate 250 West Main Street, Suite 2300 700 Capitol Avenue Lexington, KY 40507 Webster St. , Suite 1300 Suite 20 Oakland, CA 94612 Frankfort, KY 40601-8204

*Harlee P. Havens *Katie M Glass *Toland Lacy Stites & Harbison Stites & Harbison Office of the Attorney General 250 West Main Street, Suite 2300 421 West Main Street 700 Capital Avenue Lexington, KY 40507 P. O. Box 634 Frankfort, KY 40601 Frankfort, KY 40602-0634

*Jody Kyler Cohn *Kristin Henry Boehm, Kurtz & Lowry Staff Attorney 425 Walnut Street Sierra Club Environmental Law Program Suite 2400 2101 Webster Street Cincinnati, OH 45202 Suite 1300 Oakland, CA 94612

*Jennifer L. Parrish *Lawrence W Cook Kentucky Power Company Assistant Attorney General 1645 Winchester Avenue Office of the Attorney General Office of Rate Ashland, KY 41101 700 Capitol Avenue Suite 20 Frankfort, KY 40601-8204

*Joe F. Childers *Michael West Childers & Baxter PLLC Office of the Attorney General Office of Rate 300 Lexington Building, 201 West Sho 700 Capitol Avenue Lexington, KY 40507 Suite 20 Frankfort, KY 40601-8204

*John G Horne, II *Michael J. Schuler Office of the Attorney General Office of Rate American Electric Power Service Corporation 700 Capitol Avenue 1 Riverside Plaza, 29th Floor Suite 20 Post Office Box 16631 Frankfort, KY 40601-8204 Columbus, OH 43216

*Honorable Michael L Kurtz *Kentucky Power CompanyAttorney at Law 1645 Winchester AvenueBoehm, Kurtz & Lowry Ashland, KY 41101425 Walnut Street Suite 2400 Cincinnati, OH 45202

*Denotes Served by Email Service List for Case 2026-00001