COMMONWEALTH OF KENTUCKY
BEFORE THE PUBLIC SERVICE COMMISSION

In the Matter of:
JOINT APPLICATION OF KENTUCKY UTILITIESCOMPANY AND LOUISVILLE GAS AND ELECTRICCOMPANY FOR A DECLARATORY ORDERESTABLISH ING THE FORM OF NOTICE AND
NUMBER OF COPIES OF CERTAIN DOCUMENTS
FILED IN SUPPORT OF UPCOMINGAPPLICATIONS FOR RATE ADJUSTMENTS)))))))

CASE NO.
2018-00250

ORDER
The matter is before the Commission upon an application filed by Kentucky Utilities
Company (KU) and Louisville Gas and Electric Company (LG&E) requesting approval toprovide an abbreviated newspaper notice of their upcoming applications for rateadjustment and to permit the filing of only one copy of certain documents required by 807
KAR 5:001 , Section 16, in paper medium .

KU and LG&E Oointly "KU/LG&E") also

requests to be relieved of the requirement to file a physical copy of any Excel document
on portable electronic storage media. KU/LG&E state that the application is made, inpart, in an effort to reduce the costs associated with the filing of the upcoming rateapplications and ultimately reduce the level of any rate adjustment for their customers.
With respect to the method of notice of publication, KU/LG&E proposed to publish
an abbreviated form of notice containing complete content for the residential rate changes
and other information required by the Commission 's rules, but not the complete required

content for the other changes in the rate schedules.1 KU/LG&E state that the abbreviatednotice would identify each rate schedule that is proposed to be changed and refer thereader to KU/LG&E's and the Commission's websites or KU/LG&E's business offices forfurther information . KU/LG&E further state that the abbreviated notice will also offer toprovide a copy, upon written or electronic mail request, of any applicable rate schedule inpaper or electronic medium .
KU/LG&E state that they will also take the following actions to ensure publicawareness of the proposed rates adjustments: 1) a copy of the full notice as required
under 807 KAR 5:001 , Section 17 will be posted at LG&E/KU's offices from the time theabbreviated customer notice is published to the completion of the rate case proceeding;2) at the time of the publication of the abbreviated notice, a copy of the full notice will beposted on LG&E/KU's website, along with a hyperlink to the case record on theCommission's website; 3) at the time the rate applications are filed , a general statement
will be included in all customer bills explaining the rate applications during the course of
the billing cyc le; 4) at the time the rate applications are filed , KU/LG&E will email the filingof the applications to the Chief Executive Officer or legal counsel of each party that wereintervenors in their last rate cases, and provide a hyperlink to the case record on theCommission's website; and 5) at the time of the publication of the abbreviated notice,KU/LG&E will issue press advisories to all known news media organizations within theirservice territories to advise of the filing of the rate applications and include a hyperlink to

1 Among other things, 807 KAR 5:001 , Section 17(4), requires that a customer notice contain theproposed effective date and the date the proposed rates are expected to be filed with the Commission; thepresent rates and proposed rates for each customer classification to which the proposed rates will apply;
the amount of the change requested in both dollar amounts and percentage change for each customer
classification to which the proposed rates will apply; the amount of the average usage and the effect upon
the average bill for each customer classification to which the proposed rates will apply.

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KU/LG&E's and the Commission's websites, including to the case record . KU/LG&E
state that they incurred $2.7 million to publish the complete notice in their last rate cases.
With the abbreviated notice, KU/LG&E expect to save approximately $2 million inpublication expenses.
In anticipation of the requirement that they provide six paper copies of all filings tobe made in the upcoming rate cases, KU/LG&E also request that such a requirement not
be imposed for certain documents filed as part of their applications.

Specifically,

KU/LG&E requests that they be excused from fi ling six copies of the following documentsin paper medium: 1) most recent Federal Energy Regulatory Commission (FERC) audit
report; 2) prospectus of the most recent stock or bond offerings; 3) most recent FERC
Form 1 and Form 2 for electric and gas operations, respectively; and 4) U.S. Security
Exchange Commission's (SEC) annual report, Form 10-K, for the most recent two years,
any Form 8-K issued in the last two years, and any Form 10-Q issued in the last twoyears. KU/LG&E assert that these documents constituted approximately 3,000 pages ofmaterial for each company and that production of six copies of these FERC and SEC
documents is unduly burdensome. In lieu of paper copies, KU/LG&E proposed to file anelectronic copy only using the Commission's Electronic Filing System or reference withappropriate hyperlinks to the location of the documents on the servers of government
agencies.
Lastly, KU/LG&E requests that they be re lieved of any obligation to file a physicalcopy of any Excel spreadsheet on a compact disc or other type of portable electronicstorage media. KU/LG&E state that they have adopted cybersecurity policies that prohibit-3-Case No. 2018-00250

the use of such storage media in order to maintain the integrity of their computer systemand to avoid the introduction of malware into their computer networks.
On August 21, 2018, the Attorney General of the Commonwealth of Kentucky, byand through the Office of Rate Intervention (Attorney General), 2 filed a motion requestingthat certain comments be accepted into the record of this matter. The Attorney General'scomments, which were provided along with the motion, addressed certain KU/LG&E'srequests . With respect to KU/LG&E's request to provide hyperlinks to certain FERG andSEC documents rather than six paper copies of those documents, the Attorney Generalstates that, if the Commission were to grant this request, KU/LG&E should be required toensure that the links are permanent by use of a web archiving service so as to prevent"link rot."3If the Commission were to grant KU/LG&E's request to not be required to file aphysical copy of any Excel document on a compact disc or other type of portableelectronic storage media, the Attorney General recommends that the Commission limitthat approval and require KU/LG&E to provide a digital copy of any confidential Excel
documents that are not uploaded to the Commission's website, so that all parties andCommission Staff can see the relevant information in its native format.
On August 23, 2018, KU/LG&E filed a response to the Attorney General'scomments that indicated that they did not object to the Attorney General's motion.
KU/LG&E also agreed to provide hyperlinks to archived access or an archived service
with respect to the use of hyperlinks for FERC and SEC documents. KU/LG&E further

2 The Attorney General is the only intervenor in this matter.
3 Attorney General's comments at paragraph 1.

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stated that the Attorney General misconstrues the relief sought by KU/LG&E regarding
the fi ling of Excel documents on physical storage media. KU/LG&E clarified that theyseek relief only from the obligation to provide the Commission on physical electronicstorage media any Excel spreadsheet that has been uploaded to the Commission via theElectronic Filing System and th at is available to the public for download through theCommission's website. KU/LG&E stated that th ey would continue to provide in responseto any lawful Order or request for information any confidential Excel spreadsheets on
physical electronic storage media to the Commission and any party who has signed aconfidentiality agreement.
Having reviewed the pleadings and being otherwise sufficiently advised, theCommission finds that KU/LG&E's request to publish an abbreviated customer notice isreasonable and should be granted. Because the full public notice would entail a large
number of pages to be printed in a large number of newspaper publications, given thenumber of counties that are located within the service territories of KU and LG&E, theabbreviated notice will provide measurable savings to ratepayers. We also find that theabbreviated notice would not reduce the transparency of the rate applications to be filed
by KU/LG&E in light of the public awareness measures that KU/LG&E propose toimplement in conjunction with the publication of the abbreviated customer notice.
Nonetheless, to fu lly ensure that the public wil l be notified and aware of KU/LG&E'supcoming rate applications, the Commission will require KU/LG&E to post a copy of thefull customer notice as required by 807 KAR 5:00 1, Section 17, in each public librarylocated within KU and LG&E's respective service territories at the time the abbreviatedcustomer notice is published, to remain posted throughout the entirety of th e rate-5-Case No. 2018-00250

proceedings. In addition , when KU and LG&E file their upcoming rate applications, thecustomer notice should be filed as a separate document, labeled "Customer Notice ofRate Adjustment," to enable ratepayers checking the Commission 's website to easily
locate the notice. Because our approval is based in large part on the claimed savings ofapproximately $2 million in publication expenses, the Commission will expect KU/LG&E
to use their best efforts in achieving that level of savings. In the event the actual expense
reduction is significantly lower than the claimed savings, the Commission will inquire
accordingly during the discovery phase of KU/ LG&E's upcoming rate proceedings.
Although the Commission required six paper copies to be submitted in KU/LG&E's
most recent rate cases, 4 the Commission intends to require the filing of one copy in paper
medium in future electronically filed cases as set forth in 807 KAR 5:001, Section 8.
Accordingly, the Commission denies, as moot, KU/LG&E's remaining two requests, bothof which anticipate the six copies requirement and seek exemptions from thatrequirement. First, with respect to KU/LG&E's request to provide a hyperlink to the FERG
and SEC documents in lieu of providing six paper copies of those documents to theCommission , the Commission finds that KU/LG&E should only be required to provide one
copy of those documents either on paper medium or physical electronic storage media.
Next, with respect to KU/LG&E's request to be relieved of the obligation to provide theCommission on physical electronic storage media any Excel spreadsheet that has been
uploaded using the Commission 's Electronic Filing System , the Commission finds that

4 KU/LG&E's most recent rate cases were electronically fil ed proceedings. KU/LG&E states that it
will elect to use the electronic filing procedures for its upcoming rate cases.

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Case No. 2018-00250

KU/LG&E should be required to provide one copy on physical electronic storage mediaof any Excel spreadsheet filed by KU/LG&E in their upcoming rate cases.
IT IS HEREBY ORDERED that:
1.

KU/LG&E's req uest to publish an abbreviated customer notice for theirupcoming rate applications as described herein is granted.

In addition to the publicawareness measures that KU/LG&E proposes in the instant application, KU/LG&E shallalso post a copy of the full customer notice as required by 807 KAR 5:001, Section 17, ineach public library located within KU and LG&E's respective service territories at the time
the abbreviated customer notice is published, to remain posted throughout the entirety of
the rate proceedings.
2.

KU/LG&E's upcoming rate applications shall include the customer notice

as a separate document labeled "Customer Notice of Rate Adjustment."
3.

KU/LG&E's request to not provide six paper copies of the FERG and SEC

documents that are required to be filed with their upcoming rate applications is denied asmoot. As set forth in 807 KAR 5:001 , Section 8, KU/LG&E shall provide one copy of those
FERG and SEC documents either on paper medium or physical electronic storage media.
4.

KU/LG&E's request to be relieved of the obligation to provide theCommission on physical electronic storage media any Excel spreadsheet that has been
uploaded to the Commission via the Electronic Filing System and is available to the public
for download through the Commission's website is denied. KU/LG&E shall file one copyon physical electronic storage media of any Excel spreadsheet filed by KU/LG&E in their
upcoming rate cases.

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Case No. 2018-00250

5.

The Attorney General's motion to accept certain comments is granted andthose comments are made part of the official record of this proceeding.
6.

This case is closed and removed from the Commission's docket.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]-8-Case No. 2018-00250

By the Commission

ENTEREDm 3 1 2018
KENTUCKY PUBLICSERVICE COMMISSIONATTEST:

Executive Director

Case No. 2018-00250

*Honorable Allyson K Sturgeon
Senior Corporate Attorney
LG&E and KU Energy LLC
220 West Main Street
Louisville, KENTUCKY 40202*Kentucky Utilities Company
220 W. Main Street
P. O. Box 32010
Louisville, KY 40232-2010*Justin M. McNeil
Office of the Attorney General Office of Rate
700 Capitol Avenue
Suite 20Frankfort, KENTUCKY 40601-8204*Louisville Gas and Electric Company
220 W. Main Street
P. O. Box 32010
Louisville, KY 40232-2010*Honorable Kendrick R Riggs
Attorney at Law
Stoll Keenon Ogden, PLLC
2000 PNC Plaza
500 W Jefferson Street
Louisville, KENTUCKY 40202-2828*Kent Chandler
Assistant Attorney General
Office of the Attorney General Office of Rate
700 Capitol Avenue
Suite 20Frankfort, KENTUCKY 40601-8204*Larry Cook
Assistant Attorney General
Office of the Attorney General Office of Rate
700 Capitol Avenue
Suite 20Frankfort, KENTUCKY 40601-8204*Rebecca W Goodman
Assistant Attorney GeneralOffice of the Attorney General Office of Rate
700 Capitol Avenue
Suite 20Frankfort, KENTUCKY 40601-8204*Robert Conroy
LG&E and KU Energy LLC
220 West Main Street
Louisville, KENTUCKY 40202*Denotes Served by EmailService List for Case 2018-00250