hand deljvered public service m is 1 r. p.o. re cases/2012-00226... · 11/9/2012  · addendum...

43
PLLC A T T O R N E Y S November 9,20 12 HAND DELJVERED 421 West Main Street Post Oflice Box 634 Frankfort, IU 40602-0634 [SO21 223-41 24 Fa: www.stites.com [SO21 223-3477 Mark R Overstreet (502) 209-1219 (502) 223-4387 FAX l\j(jiJ Q$ ;djz PUBLiC SERVICE moverstreet@stites corn COM M IS S 1 ON Jeff R. Derouen Executive Director Public Service Commission 21 1 Sower Boulevard P.O. Box 615 Frankfort, KY 40602-06 15 RE: Case No. 201 2-00226 Dear Mr. Derouen: Enclosed please find and accept for filing the original and ten copies of Kentucky Power By copy of this letter I am serving the Responses on counsel for Kentucky Industrial Company’s Responses to the November 1,201 2 Hearing Data Requests. TJtility Customers, Inc. and the Attorney General. Please do riot hesitate to contact me if you have any questions. MRO cc: Michael L. Kurtz Dennis G. Howard 11 Alexandria, VA Atlanta, GP, Frankfort, ICY Jeffersonville, IN Lexington, KY Louisville, KY Nashville, TN Washington, DC

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Page 1: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

PLLC

A T T O R N E Y S

November 9,20 12

HAND DELJVERED

421 West Main Street Pos t Oflice Box 634 Frankfort, IU 40602-0634

[SO21 223-41 24 Fa:: www.stites.com

[SO21 223-3477

Mark R Overstreet (502) 209-1219 (502) 223-4387 FAX

l\j(jiJ Q $ ;djz

PUBLiC SERVICE moverstreet@stites corn

COM M IS S 1 ON Jeff R. Derouen Executive Director Public Service Commission 21 1 Sower Boulevard P.O. Box 615 Frankfort, KY 40602-06 15

RE: Case No. 201 2-00226

Dear Mr. Derouen:

Enclosed please find and accept for filing the original and ten copies of Kentucky Power

By copy of this letter I am serving the Responses on counsel for Kentucky Industrial

Company’s Responses to the November 1,201 2 Hearing Data Requests.

TJtility Customers, Inc. and the Attorney General.

Please do riot hesitate to contact me if you have any questions.

MRO cc: Michael L. Kurtz

Dennis G. Howard 11

Alexandria, VA Atlanta, GP, Frankfort, ICY Jeffersonville, IN Lexington, KY Louisville, KY Nashville, TN Washington, DC

Page 2: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

COMMONWEALTH OF KEMTkJCKY

BEPOFW THE

PUBLIC SERVICE COMMISSION OF KENTUCKY

IN THE MATTER OF

APPLICATION OF KENTUCKY POWER COMPANY ) TO WITHDRAW ITS TARIFF RTP PENDING SUBMISSION BY THE COMPANY AND APPROVAL) CASE NO. 2012-00226 BY THE COMMISSION OF A NEW REAL-TIME

1

PRICING TARIFF ) )

KENTUCKY POWER COMPANY RESPONSES TO COMMISSION STAFF DATA REQUESTS FROM NOVEMBER 1,2012 PUBLIC HEARING

November 9,2012

Page 3: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

VERIFICATION

The undersigned, Raiie I<. Wohidias, being duly sworn, deposes aiid says lie is the Maiiagiiig Director Regulatory and Filialice for Kentucky Power, that he has persoiial knowledge of the matters set foi-th iii the forgoiiig responses for which he is the icleiitified witness aiid that the iiifoririatioii coiitaiiied therein is true aiid correct to the best o€ his iiiForiiiatioii, luiowledge, and belief

Raiiie IC. Wolmlias

COMMONWEALTH OF KENTUCKY )

COUNTY OF FRANKLIN 1 ) CASE NO. 2012-00226

Subscribed aid sworn to before iiie, a Notary Public in and before said County and State, by Raiiie IC. Woludias, this the 7y(i day of Noveiiiber 2012.

n

My Coiiiinissioii Expires ~ J3, J79l3

Page 4: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 2012-00226 Commission Staff Hearing Data Requests

Dated November 1,2012 Item No. 1

Page 1 of 21

Kentucky Power Company

REQUEST

Please provide copies of all executed real-time pricing addenda. If iiot inclnded in the addenda, please provide the dates when the customers began taking service wider Tariff R.T.P.

RESPONSE

Please see pages 2 through 21 of this response. Coiifideiitial treatment is being sought fox portioiis of each addendum.

WITNESS: Rank K Woluzhas

Page 5: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 1 Page 2 of 21 REDACTED

ADDENDUM EJLFE-NTAL REAL-TIME PRICING

This ADDENDUM, dated , 2012, supplcments thc electric seivice CONTRACT dated

OCTOBER 1,2010, by and behveen KENTUCKY POWER. COMPANY, hereafter called the Company, and

AK STEEL CORPORATION INC., hereafter called the Customer, and sometimes colfeclively referred to as the

‘Tarties”, providing for service uitder the Company’s Tariff R.T.P. (Experimental Real-Time Pricing TarifF)..

W I T N E S S E T H

WNOEREAS, the Cuslomer is an existing customer of the Compeny that owns facililies at its Ashland

Works, located near Ashland, Kentucky; and

WHEREAS, the Customer has requested service under the Company’s Tariff R.T.P. for the facilities at

Ute Customer’s Ashland Works, located near Ashlead, Kentucky.

NOW THEREFORE, in consideration ofthe promises and the mutual covenonts contamed herein, and subject to the terms and conditions herein, the Parties agree as follows:

The Customer represents and agrees that it owns the facilities at its Ashland Works, located neer

Ashland, Kentucky, tliat i t meets &e criteria to qualify for Tariff R.T.P., RS approved by and on file with the

Kentucky Public Service Commission (“Chnmission”), and that it has the ability to monitor and respond to real- time prices in the whoIesaIe eIecQicity market. A copy of the Company’s current TariffR.T.P. (Experiutenttd Real-Time Pricing Service) is attached hereto and incorporated herein..

The Company agrees to provide service for the Customer’s Ashland Works, located near Ashland,

Kentucky, as that service is defmed in the Company’s Tariff R.T.P. and the Customer agrees to pay for such

service, in accordance with, at the rates specified in, and subject to the tams and conditions of seivice

applicable, “as specified in the Company’s current TarBR.T.P. and Ute Company’s Terms and Conditions of

Service,

This Addendum covers the provision of service for Uie Customer’s facility, for which the Confract

Capacity subject to Tariff C.1.P.-T.O.D. (Conimercial and Industrial Power - Time-of-Day) designRted by the Customer is set at 1000 kW. Usage in excess of that Contract Capacity subject to Tariff C.1.P.-T.O.D. shall be

billed under Tariff R.T.P. It is understood and agreed the Total Contract Capacity, which is defined as the Contract Capacity subject to Tariff C.1.P.-T.O.D. plus the Contract Capacity subject to Tariff R.T.P., shall not exc

The term ofthis Addendum shall commence at 12:OI a.m. EDTon July I , 2012 and expire at 1159 p.m

EDT on June 30,2013. Upon expiration ofthis Addendum, 811 terms and conditions of the Contract that were

modified by this Addendum shall revert to their existence and meaning prior to having been so modified.

Page 6: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 2012-00226 November 1,20 12 Hearing Data Requests

Item No. I Page 3 of 21 REDACTED

Except as modified by this Addendum, the pivvisions of the Contract shall continue in full force and

effect.

IN WITNESS WHEIIEOP, the Parties hereto have caused this Experimental Real-Time P k b g

Addendum to be duly executed the day ind year first above written.

Delinda Borden

Daic:

Account Number:

2

AI( Steel Corporation Lnc.

Page 7: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 1 Page 4 of 21 REDACTED

ENDUM EXPERIMENTAL REAL-TIME PRI[CIIyG

This ADDENDUM, dated June 13, 2012, supplements the electric service

CONTRACT dated OCTOBER I , 2010, by and between KENTUCKY POWER COMPANY,

hereafter called the Company, and AIR PRODUCTS AND CHEMICALS INC., hereafter

called the Customer, and sometimes collectively referred to as the “Parties”, providing for

service under the Company’s Tariff R.T.P. (Experimental Real-Time Pricing Tariff)..

W X T N E S S E T H :

WHEREAS, the Customer is an existing customer of the Company that owns

facilities at its facility located near Ashland, KY; and

WHEREAS, the Customer has requested service under the Company’s Tariff R.T.P.

for the facilities at the Customer’s Ashland, KY, facility.

NOW THEXEFORE, in consideration of the promises and the mutual covenants

contained herein, and subject to the terms and conditions herein, the Parties agree as follows:

The Customer represents and agrees that it owns the facilities at its Ashland, KY, facility, that it meets the criteria to qualify for Tariff R.T.P., as approved by and on file with

the Kentucky Public Service Commission (“Commission”), and that it has the ability to

monitor and respond to real-time prices in the wholesale electricity market. A copy of the

Company’s current Tariff R.T.P. (Experimental Real-Time Pricing Service) is attached hereto

and incorporated herein..

The Company agrees to provide service for the Customer’s facilities at its Ashland,

KY, facility, as that service is defined in the Company’s Tariff R.T.P. and the Customer

agrees to pay for such service, in accordance with, at the rates specified in, and subject to the

t e n s and conditions of service applicable, as specified in the Company’s then current Tariff

R.T.P. and the Company’s Terms and Conditions of Service, or any successor thereto

approved by and on file with the Commission.

Page 8: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 1 Page 5 of 21 REDACTED

This Addendum covers the provision of service for the Customer’s facility, for which

the Contract Capacity subject to Tariff C.1.P.-T.O.D. (Commercial and Industrial Power -

Time-of-Day) designated by the Customer is set at 0 kW. Usage in excess of that Contract

Capacity subject to Tariff C.1.P.-T.O.D. shali be billed under Tariff R.T.P. It is understood

and agreed the Total Contract Capacity, which is defined as the Contract Capacity subject to

Tariff C.1.P.-T.O.D. plus the Contract Capacity subject to Tariff R.T.P., shall not exceed

The term of this Addendum shall commence at 12:Ol a.m. EDT on July 1, 2012 and

expire at 1 159 p.m EDT on June 30,2013. Upon expiration of this Addendum, all terms and

conditions of the Contract that were modified by this Addendum shall revert to their existence

and meaning prior to having been so modified.

Except as modified by this Addendum, the provisions of the Contract shall continue in

full force and effect.

Il\l WITNESS WHEREOF, the Parties hereto have caused this Experimental Real-

Time Pricing Addendum to be duly executed the day and year first above written.

Delirida Borden

Title: Manage

Date: (A&d/;.

Account Number:

2

Page 9: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

.- - ADDENDUM

EXPENMENTAL REAL-TIME PRICING

KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data Requests

Item No. 1 Page 6 of 21 REDACTED

This ADDENDUM, dated May 114 2012, supplements the elcctric service

CONTRACT datcd OCTOBER I , 2010, by and between KENTUCKY POWER COMPANY, herealter called thc Company, and CATLETTSBURG REFINING, LLC, hercaRer called the

Customer, and somctimes collcctively referrcd to as the “Parlics”, providing for servicc under

the Company’s TariKR.T.P. (Experimental Real-Time Pricing Tariff).

W I T N E S S E T H :

WHEREAS, the Customer is an exisling cuslomer of the Company that owns

facilities at its refinery locatcd near Catlettsburg, KY; and

WHEREAS, the Customer has requested service under the Company’s Tariff R.T.P. for the facilities at Ihe Customcr’s Catletisburg. KY, refinery.

NOW ‘TIIEHEPORIS, in consideration of the promises and the mutual covenants

contained herein. and subjcct IO thc m m s and conditions herein. the Parties agrce as follows:

‘The Customer rcprcscnts and agrees that it owns the fscilities at its Catlettsburg, KY relinery. that it mects the cnterio to qualify for Tarif?’R,T.P., as approved by and on file with

the Kentucky Public Scrvice Comnlission (“Commission”), and that it has the abilily to

monitor and respond to real-time priccs in the wholesale electricity market. A copy of the Company’s current Tariff R.T.P. (Experimental Real-Time Pricing Scrvice) is atlached hcreto

and incorporated herein.

The Company agrees lo provide service for the Customer’s facilities at its

Catlcltsburk. KY, refincry, as that service is defined in the Company’s T d R R.T.P. and the

Custamcr agrees to pay for such service, in accordance with. at the tates specified in, and subject to the terms and conditions of service applicable, as specified in the Company’s then current Tariff R.T.1’. and [he Company’s ‘rems and Conditions of Service, or any successor

thereto approved by and on file with the Commission.

Page 10: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No 2012-00226 November 1,20 12 Hearing Data Requests

Item No. 1 Page 7 of 21 REDACTED

This Addenduni covers the provision of service for the Customer’s facility, for which

the Contract Capacity subjcct to Tariff C.1.P.-T.O.D. (Comrncrcisl and Industrial Power - Timeaf-Day) designated by the Customer is set at 7.500 kW. Usage in excess of that Cantraci Capncity subject to Toriff C.i.P.-T.O.D. shall be billed under Tariff R.T.P. It is undcrslood and agreed the Total Contract Capacity, which is defined as the Contract Capacity

subject to Tariff C.1.P.-T.O.D. plus the Contract Capacity subject to Tariff R.T.P., shall not

exceed

The term ol’this Addenduin shall commence at 12:01 a.m. EDT on July I , 2012 and expire a! 1 1 59 p.m ED?’ on June 30.201 3, Upon expiration of this Addendum, al I terms and

conditions of thc Contract that were modified by this Addendum shall rcvcrt IO thcir cxislence

and incarting prior to having been so modified.

Except as modificd by this Addendum, the provisions of the Contract shall conlinue in

full force and effect.

IN WITNESS WHEREOF, the Parlies hereto have caused this Experimental Red-

Tiinc Pricing Addendum to be duly executed the day and year first above written.

Account Number:

7

Page 11: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 201 2-00226 November 1,2012 Hearing Data Requests

Itern No. 1 Page a of 21 REDACTED

This ADDENDUM, dated June 13. 2012, supplements the electric service

CONTRACT dared June 28. 2010. by and between KENTUCKY POWER COMPANY, hereafter c d e d the Company, and EQT GATHERING LLC, hereafter called the Customer,

and sometimes coIIectively referred to 4s the “Partks”, providing for service under the

Company’s Tar3fR.T.P. (Experimenfai Real-Time Pricing Tariff)..

W 1 T M E 1Ef 5 E T H:

WHE-REAS, the Customer is an existing customer of the Company that owns faciiiiies at its Perry Compressor Station, Jeff, KY; and

W R E A S , the Customer has requested service under the Company’s Tariff R.T.P.

for the facilities af the Customer’s Peny Compressar Station, Jeff, KY.

NOW TRERXFOBaE, in consideration of the promises and the rnufual covenants

contained herein, and suhject to the terms and conditions herein, the Parties agree as fo”ollaws:

The Customer represents and agrees that it owns the facilities at its Perry Compressor

Sfaxion, JeC, KY, that it meets the criteria to qualify for Tan‘ff R.T.P., as approved by and on

File with the Kentucky Public Service Commission ~‘Comrnission’’), and that it has tfie ability

ta monitor and respond to real-time prices in flie wholesale electricity market. A copy of the

Company’s current Tariff R.T.P. (Experimental Reat-Time Pricing Service) is attached hereto and incorporated herein..

The Company agrees to provide service for the Customer’s facilities at its Perry

Compressor Station, Jeff, KY, as that sewice is defined in the chflpany’s Tariff R.T,P. and

the Cusfomer agrees to pay for such service, in accordnnce wilh, at the rates specified in: and

subject to the terms and conditions of service applicable, as specified in the. Company‘s then

cumnt Tariff R.T.P. and the Company’s Terms and Conditions of Service? or any successor thereto approved by and OR file with the Commission.

Page 12: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 1 Page 9 of 21 REDACTED

This Addendum covers the provision of service for the Customer's facility, far which

the Contract Capacity subject to Tarjff Q.P. (Quantity Power) designated by the Customer is

set at (3 kW. Usage in excess of that Contract Capacity subject EO Tariff Q.P. shall be billed under Tariff R.T.P. It is understood and agreed the Total Contract Capacity, which is

defned as the Contract Capacity subject to Tariff QF. plus the Contract Capacity subject to

Tariff R.T.P., shall noi exwed

The term of this Addendum shall conmence at 12:Ol a.m. EDT on July 1,2012 and

expire at 1 kS9p.m EDT on June 30,2013. Upon expiration of this Addendum, all ferns and

conditions ofthe Contract that were modified by this Addendum shall revert to their existence

and meaning prior to having been SQ modified.

Except as modified by this Addendum, the provisions of the Contmct shall continue in

full force and effect.

IN WITNB§S WHEREOF, the Parties hereto have caused this Experimental Real-

Time Pricing Addendum to Ire duly executed the day ami year fiat above written.

#e

3Y Y Robert Shurtleff

Title: Manager

Date: L ZY- /C

Account Number

2

Page 13: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 2012-00226 November 1, 2012 Hearing Data Requests

Item No. 1 Page 10 of 21

REDACTED

ADDEpTZlrn- E D E H m N T A t REAL-TIME PRICI[pIG

This ADDENDUM, dated -13. 2012, supplements the electric service CONTR4CT dated June 29, 2010, by and bemeen KENTUCKY POWER COMPANY,

hereafter called the Company, and EQT GAR-TERMG LLC, hereafter called the Customer,

and sometimes collectively refenred to as the “Parties”, providing for service under the

Company’s TariERT.P. (Experimental Real-Time Pricing Tariff)..

W f T N E S S E T BI:

WHEREAS, the Customer is an existjng customer o f the Company that owns

facilities at its Right Beaver Compressor Slation, Dema, KY; and

IYEXEW, the Customer has requested sentice under the Company‘s Tariff R.T.P.

for the facilities at the Customer’s Right Beaver Compressor Station, nema, KY.

NO%‘ THEREFOR3, in consideration of the promises and the mutual covenants

contained herein, and subject to the terms end conditions herein, the Parties agree as follows:

The Customer represents and agrees that it owns the facilities at its Right Beaver Compressor Statioa, Dema, KY, that it meets the criteria to qualify far Tariff R.T.P., as

approved by and on file with the Kentucky Public Service Commission (‘Tommission’’}, and

that it has the ability to monitor and respond to real-time prices in the wholesale ef$cfricity

market. A copy of fhe Company’s Currenf Tariff X.T.P. (Expcrimcntai Rcal-Tie Pricing

Service) is attached hereto and incorporated herein..

The Company agrees ta provide senrice for the Customer’s facilities at its Right

Beaver Compressor Station. Dema, KY, as that service i s defined in the Company‘s Tariff

R.T.P. and the Customer agrees to pay for such service, 51 accordance with, at the rates

specified in. and wbject to the terms and conditions of service applicable, as specified in the

Campany’s then current Tariff R.T.P. and the Company’s Terns and Condjtions of Service,

or any sticcessor thereto approved by and on file with the Cornmission.

Page 14: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 1 Page 11 of21

REDACTED

This Addendum covers the provision of service for the Customer’s facility, for which

the Contract Capacity subject to Tariff Q.P. (Quantity Power} designated by the Customer is set a t . 0 kW, Usage in excess of that Contract Capacity subject io Tariff QP. shall be

billed under Tariff R.T.P. It is understood and agreed the Total Contract Capacity, which is defined as the Contract Capacity subject to Tariff QP. plus the Contract Capacity subject to

Tariff R.T.P., shall not exceed

The tern ofthis Addendum shall commence at 1291 a.m. EDT on July 1, 2012 and

expire at 1 1 :59 p.m EDT on June 30,2013. Upon expiration of this Addendum, aIl iems and

conditions of the Contract that were modified by this Addendum shall revert to their existence

and meaning prior TO having been so modified.

Except as modified by this Addendum, the provisions of the Contract shall continue in

fiAl force and effect.

IN WITNESS WHEREOF, the Parlies hereto have caused this Experimental Real-

Time Pricing Addendum to be duly executed the day and year first above written.

Robert Shurtleff

Title: Manager - z g - t f z Date:- L’ ---

Account Number:

Page 15: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 2012-00226 November 1, 2012 Hearing Data Requests

Item No. 1 Page 12 of 21

REDACTED

Ay)DENDUM EXPEEIMENTAL RIEAL-TEME H’3IPpCIFlG

This ADDENDUM, dated June 13, 2012, supplements the electric service CONTRACT dated June 28. 2014 by and between 1KEP;ITUCKY POWER COIW?ANY,

hereafter called the Company, and EQT GATHE=RING EQUITY LLC, hereafter called the

Customer, and sometimes collectively referred ta as the “Parties”, providing for service under

the Company’s Tariff R.T.P. (Exprimentat Real-T*me Pricing Tan’ff)..

W El If N E S S E T E.

WHERZM, the Customer is an existing customer of the Company that owns

facilities at its JenErins Compressor Station, Jerkins, KY; and

WHEBEAS, the Customer has requested service under the Company’s Tari5R.T.P. for tfie facilities at the Customer’s Jenkins Compressor Station, Jenkins. KY.

NaW ~~~~~~E~ in consideration of the promises and tire mutual covenants

contained herein. and subject to die terns and conditions herein, thhe Pnrtjes agree as foiloazrs:

The Ctaslorner represents and agrees Fhhat it owns the facilities at its Jed4ns

Compressor Station, Jenkins, KY, that it meets the criferia to qualify for TariB R.T.P., ar; approved by and on file with the Kentucky Public Stmice Commission (r;Comission’l), end

that it has the ability to monitor and respond io real-time prices in the wholesale eleczri&ity

market. A copy of the Company’s current Tariff R.T.P. (Experimental Real-Time Pricing Service) is anached hereto rind incorporated herein..

The Company agrees to provide service for the Customer’s facifities at its Jenkins Compressor Sfation, Jenkins, KY, as that service is defined in the Company’s Tariff R,T.P. and the Customer agrees to pa? for such service, i.11 accordance with, at the rates specified in, and subject to the terms and candihns of service applicable, as specified in the Company’s

then current Tariff R.T,P. and the Company’s Terms and Conditions of Service, or any

successor thereto approved by and on file with the Commission.

Page 16: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 201 2-00226 November 1, 2012 Hearing Data Requests

Item No. 1 Page 13 of21

REDACTED

This Addendum covers the provision of service for the Customer's facility, for which

the Contract Capacity subject to Tariff Q,P. (Quantity Power) designated by the Customer is

set at a kW'. Usage in excess of (ha? Contract Capacity subject to Tariff Q.P. shall be

Idled under Tariff R.T.P. It is understood and agreed the Total Contract Capacity, which is defmed as the Contract Capacity subject to Tariff QP. pIus the Contrad Capacity subject to

Tariff R.T.P., shall not exceed

The term ofthis Addendum shall commence af 12:Of a.m. EDT on July I , 24312 and

expire ai 11:59 pin EDT on June 30,2013. Upon expiration of this Addendum, all terms and

conditions of the Contract that were modified by chis Addendum shalI revert to their existence and meaning prior to having been so modified.

Except as modified by fhki Addendum, the provisions of the Contract shall continue in full force nnd effect.

]IN 'b4/1L%NmS WHH?EQF3 the Patics hereto have caused this Experimentd Real-

Time Pricing Addendum to be duly executed &e day md year first ahow written.

Robert Shurtlefl

Title: .Managw

Date: k c W-J TL- ___-_

Account Number:

2

Page 17: HAND DELJVERED PUBLiC SERVICE M IS 1 R. P.O. RE cases/2012-00226... · 11/9/2012  · ADDENDUM EXPENMENTAL REAL-TIME PRICING KPSC Case No. 2012-00226 November 1, 20 12 Hearing Data

KPSC Case No. 201 2-00226 November 1,2012 Hearing Data Requests

Item No. I Page 14 of 21

REDACTED

This ADDENDUM, dated June 13. 2012, supplements the electric service

CONTRACT dated June 28, 2010, by and between KENTUCKY PO\’v7ER COMPANY, hereafter called the Company, and EQT GATKERTNG LLC, bereaficr called the Customer,

and sometimes collectiveiy referred to as the “Parties”, providing for service under the

Company’s Tarif3X.T.P. (Experimental Real-Time Pricing Tariff)..

R‘ li ‘I’ N E § S E P H:

WHEREAS, the Customer is an existing customer of the Company that owns

facilities at its Myra Cornpressor Station, Myra, KY; md

WHEREAS, the Customer has requested servim under the Company’s Tarif€R,T.P.

for the facilities at the Customer’s Myra Compressor Station, Myra, KY.

NOW T E W F O m , in consideration o f the promises Eu?d the mutual covenants

contained herein, and subject to the terms and conditions heroin, the Parties agree as fallows:

The Customer represents and agrees that it owns the facilities at its Myra Compressor

Station, Myra, RY, Ulat it meets the criteria to quaIify for Tariff R.T.P., as approved by and

on fife with the Kentucky Public Service Commission (“Commission”), and that it has &e

abjlity to monitor and respond to real-fime prices in the wholesale elecfriqity’market. A copy

ofthe Company’s current Tariff R.T.P. (Experimental Real-Time Pricing Service) is altached

hereto and incorporated herein..

The Company agrees to provide service for the Customer’s facilities at its Myra Compressor Station, h4yra, KY, 3s that service is defined in the Company’s Tariff R.T.P. and

the Customer agrees to pay for such service. in accordance with, at the rates specified in: and

subject fo the terms and conditions of sewice applicable, as specified in the Company’s then current. Tariff R.T.P. and the Company’s Ternis and Conditions of Sewice, or any successor

thereto approved by and on file with the Commission-

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KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 1 Page 15 of 21

REDACTED

This Addendum covers the provision of service for the Customer’s facility, for which

the Contract Capacity subject to Tariff QP. (Quantiv Power) designated by the Customer is

set at Q kW, llsage in excess of that Contract Capacity subject to Tariff Q.P. shall be billed under Tariff R.T.P. It is understood and agreed the Total Contract Capacity, which is de€ined as the Contract Capacity subject to Tariff QP. plus the Conteact Ckpacity subject to

Tariff R.T.P., shall not exceed

The term of this Addendum shall commence at 1201 am. EDT on .Tuly I , 2012 and

expire at 1 1 5 9 p.m EDT on June 30,20i3. Upon expiraeim ofzhis Addendum, a11 terns and

conditions ofthe Contract ihat were modified by thi5 Addendum shall revert lo their existence

and meaning prior to having been so modified.

Except as modified by this Addendum, the provisions ofthe Contract shall continue in

full fopce and effect.

IN WTNESG W m m O F , the Parties hereto have caused phis Experimental Real-

Time Priciiig Addendum io be duly executed the day and year first above written.

Robert Shunieff Title: ManageF

Date: 6- zHZ

Account Number:

2

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KPSC Case Na. 2012-00226 November 1,2012 Hearing Data Requests

item No. 1 Page 16 af 21

REDACTED

ADDENDUM EXPEl3IMEWfi REALTIME PRICING

This ADDENDUM, dated June 13. 2012, supplements the electric service

CONTRACT dated June 29.. 2010, by and between KENTUCKY POWER COMPANY,

hereafter called the Company, and EQT G A W R I N G LLC, hmafier called the Customer,

and sometimes colIectively referred to BS the “Parties“, providing for service under the

Company‘s Tariff R..T.P. (Experimental Real-The Pficing Teriw..

-W I ‘E IV E S § ]E T B:

WI-BREAS, t he Customer is an existing customer of the Company that owns

facilities at its Blackberry Compressor Station, Ransom, KY; and

WlXFJtEM, the Customer has requested service under the Company‘s Tariff R.T,P.

for the facilities at the Customer’s Blackberry Compressor Station, Ransom, KY,

Nd)W T H E l X E P O ~ ~ in consideration of the promises and rhe mutual covenants

contained herein, and subject to the rems and conditions herein, the Parties agree as follows:

The Customer represents and agrees that it owns the fecilities at its BIackberry

Compressor Station, Ransom, ICY, that it meets the criteria to qualify for Tariff R.T.P., as approved by and on file with the Kenmcky Public Service Commission (“Commission”), and

that it has the ability fo monitor and respond to real-time prices in the wholesale electricity

market. A copy of the Company’s current Tariff R.T.P. (Experimental Red-Time Pricing

Service) is attached hereto and incorporated herein..

The Company agrees to provide service for the Cusfomer’s facilities at its Blackberry Compressor Station, Ransom, KY, as that service is defined in the Campany’s Tariff R.T.P.

and the Cusfomer agrees to pay for such service. in accordance with, at the rates specified in,

and subject to the tams and Conditions of service applicable, as specified in the Campmy’s

then current Tariff R.T.P. and the Company’s Terms and Conditions of Service, OF any

successor thereto approved by and on file with the Commission.

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KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 1 Page 17 of 21

REDACTED

This Addendum covers the provision of service for the Customer's facility, for ~ ~ h i c b

the Coiiiract Capacity subject to Tariff Q.P. (Quantity Power) designated by the Customer is set at . n kW. Usage in excess of that Contract Capacity subject. to Tariff Q.F. shall be

billed under Tariff R.T.P. It is understood and agreed the Total Contract Capacity, which is

defined as the Contract Capacity subject to Tdff QP. plus the Contract Capacity subject to

TarER.T.P., shall not escee

The term of this Addendum shall commence at 12:OI a.m. EDT on Jury I, 2012 and

expire at 11 5 9 p m EDT on June 30,2013. Upon expiration of this Addendum, all terns and

conditions of the Contract that were modified by this Addendum shall revert to their existence

and meaning prior to having been so rnodi5ed.

Except as modified by this Addendun, rhe provisions ofthe Contract shall continue in

fdf force and effect.

LY %"d-ES$ WBERXOF, the Parties hereto have caused this Experimental Real-

Time Pricing Addendum to be duly execufed the day and year first above written.

Robert Shurtleff

Title: Manager Date:-_ A ZB-6 L

Account Number:

2

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KPSC Case No. 2012-00226 November I , 2012 Hearing Data Requests

Item No. 1 Page 18of21

REDACTED

This ADDENDUM. dated June 13. 2012, supplements the electric service

CONTRACT dated June 28. 2019, by and between KENTUCKY POWER COMPANY, hereaAer caljed the Company, and EQT GATE-ERING LLC, hereafter caihd the Customer,

and sometimes collectively referred to as the r‘PaAes”, providing for service under the

Company’s Tan‘ff R.T.P. (ExperirnentaI Real-Time Pricing Tariff),.

W I T N E S S E T B I :

WHEREAS, the Customer is an existirig customer of the Company that owns

facilities at its Rockhouse Compressor Station: Kimper, KI’; and

I’VHBXEAS, the Customer has requested service under the Company’s Tariff R.T.P. for the faoilities at the Customer’s Rockhouse Compressor Station, Kirnper, KY.

NOW THBXEFORE, in consideration of the promises and the inuturtl covenants

contained herein, and subject i~ the terms and conditions here.in, the Parties agree as follows:

The Custonier represents and agrees that it owns the facilities at its Rockhouse

Compressor Station, Kirnper, KY, that it meets the cn’teria to quafifj. for Tariff R.T.P., as

approved by and on file with the Kentucky Public Service Commission (“Commission”), and

thal it. has the ability to monitor and respond to real-time pricss in the wholesale electricity

market. A copy of &e Company’s CUI-IZR~ Tariff R.T.P. (Experimental Real-Time Pricing

Service) is attached hereto and hicorpomted herein.,

The Company agrees to provide service €or the Customer’s facilities at its Rockhouse

Compressor Station, Kimper, KY, as that senlice is defined in the Company‘s Tariff R.T.P. and the Customer ssees to pay for such senice, in accordance with, at the rates specified in,

and subject to the terns and cfinditions of service applicable, as specified in the Company’s

then cunent Tariff R.T.P. and the Company’s Terms and Conditions of Service, or any successor thereto approved by and on file with the Commission.

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KPSC Case No. 2012-00226 November 1, 2012 Hearing Data Requests

Item No. 1 Page 19 of 21

REDACTED

This Addendum covers the provision af service for t he Customer's facility, for which

the Contract Capacity subject to Tariff Q.P. (Quantity Power) designated by the Customer is set at 0 kW. Usage in excess of that Contract Capacily subject to Tariff Q.P. shall be

biIled under Tariff R.T.P. It is understood and agreed the Total Contract Capacity, which is

defined as the Canfract Capacity subject to Tariff QP, plus the Contract Capacity subject to

Tariff R.T,P., shalI not exceed

The term of this Addendum shall commence ~t 1201 a.m. EDT on July 1,2012 and

expire at 1 I:.% pm EDT on June 35,2013. Upon expiration of th is Addendum, all terns and

conditions of the Confmct that were modified by this Addendum shall revert to their existence

and meaning prior to having been so modified. j

Except as modified by this Addendum, the provisions of the Contract shall continue in

full force and effect.

IK W W § TVHEM6)F, the Pmies herelo have caused this Experimental Real-

Time Pricing Addendum to be duly executed the day md year first above written.

Ke

BY

Account Number:

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KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 1 Page 20 of 21

REDACTED

EXPERJMEPjTxL REETIME PRICWG

This ADDENDUM, dated June 13. 2012, supplements the electric senrice

CONTRACT dated Februarv 29,201 2, by and between KENTUCKY POWER COMPANY,

hereafter called the Company, and EQT GATFERMG EQUITY LLC, hereafkr called the

Customer, and sometimes collectively referred to BS the ‘Tarties”, providing for service under

the Company‘s Tariff R.T.P. (Experimental Real-Time Pricing Tariff)..

W J T N E S S E T

WHEIREAS, the Customer is an existing customer of the Company that owns

facilities at its Oliver Compressor Station, Avawam, KY; and

WHEREAS, the C.ustomer hes requested service under the Company’s Tariff R.T.P. for the facilities at the Customer’s Oliver Compressor Sfation, Avawarn, KY.

NQW TIFIEREFORE, in consideration of the, promises and the mutual COV~RFIII~S

contained herein, and subject to the terms and conditions herein, the Parties agree as foflows:

The Customer represents and agrees that it owns the facilities at its Oliver Compressor

Station, Avawam, KY, that it meets the criteria to qualify for Tariff R.T.P., ES approved by

and on file with the Kentucky Public Service Commission (LLCommission”), and that it has the ability to monitor and respond to real-time prices in the wholesale electricity market. A copy

of the Company’s current Tariff R.T.P. (Experbental Real-Time Pricing Service) is attached hereto and incorporated herein..

The Company agrees to provide service for the Customer’s facilities at its Oliver

Compressor Station, Avawam, KY, as that service is defmed in the Company’s Tariff R.T.P. and the Customer agrees to pay for such service, in accordance with, at the rates specified in, and subject to the terns and conditions of service applicable, as specified in the Company’s

then current Tariff R.T.P. and the Company’s Terms and Conditions of Service, or any

successor thereto approved by and on file with the Commission.

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KPSC Case No. 2012-00226 November 1, 2012 Hearing Data Requests

Item No. 1 Page 21 of 21

REDACTED

This Addendum covers the provision o f service for the Customer’s facilily, for which

the Contract Capacity subject to Tariff Q.P. (Quantity Power) designated by the Customer is

set at 41 kW. Usage in excess of that Contract Capacity subject to Tariff Q.P. shall be

billed under Tariff R.T.P. 11 is understood and agreed the Total Contract Capacity, which is

defined as the Contract Capacity subject to Tan” QP. plus the Contract Capacity subject to

TarifYR.T.P., shall not exceed

The term of tbis Addendum shall commence at 12:Ol am. EDT on July I , 2012 and

expire at 1159 p.m EDT on June 30,2013. Upon expiration of this Addendum, all terms and

conditions of the Contract that were modified by this Addendum shall revert to their existence and meanmng prior to having been so modified.

Except as modified by this Addendum, the provisions of the Contract shall continue in

full force and effect,

IN WITNESS WHEREOF, the Parties hereto have caused thjs Experimental Real-

Time Pricing Addendum to be duly executed the day and year first above written.

EQT GATHERING EQUJTY LLC ,m-- f.Ip2 By:

Michael G. Lasslo (y3 QSS b - \CE0-5 -

Account Number:

7

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KPSC Case No. 2012-00226 Commission Staff Nearing Data Requests

Dated November 1,2012 Item No. 2

Page 1 of 12

Kentucky Power Company

REQUEST

Please provide copies of tlie QP or CIP-TOD contracts for all customers curreiitly taking service uiider Tsu-iff RTP.

RESPONSE

Please see pages 2 tlu-ougli 12 of this response. Coiifideiitial treatiiieiit is beiiig sought for portions of each contract.

WITNESS: Raiie I' Wolmlias

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KPSC Case No. 2012-00226 November 1,2012 Heating Data Requests

Item No. 2 Page 2 of 12 REDACTED

5s GOnhCt, entered into this 1 and Air Products and Chemicals he, hereafter called the Customer,

r Company. hereafter called the Company, his or its heirs. successors or assigns,

Witnesseth:

follows: For and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree with each other as

The Company agrees lo furnish to the Customer, during the term of !his Contract, and the Customer agrees to take from the Company, subject to Company's standard Terms and Conditions of Service as regularly filed with the Public Service Commission of Kentucky. all the

ric energy of the character specified herein that shall be purchased by the Customer in the premises located at

The Company is to furnish and the Customer is to take electric energy under the terms of this Contract for an initial period of 12 month(s) from the time such service is commenced, and continuing thereafter until terminated upon 12 months' written notice given by either party of its intention to terminate the Contract. The date thal service shall be deemed to have commenced under this Contract shall be 2/V2011.

delivered hereunder shall be alternating current at approximatel substation, which shall constitute the point of delivery under maintenan

by the Company and located Customer stant potential and frequency, and it shall be measured by a meter or meters owned and installed station structure.

The Customer acknowledges that the Customer may be eligible to receive service under more than one of the Company's schedules and that such options have been explained to the Customer. The Customer and Company agree that (he Customer has chosen to receive service under the provisions of the Company's Tariff COMMmw POWER TOD SIJBTRAN, Code 371. The Customer agrees to pay the Company monthly for electric energy delivered hereunder at the rates and under the provisions of the Company's Tariff COMMAND POWER TOD SUBTRAN, Code 371, as regularly filed with the Public Service Commission of Kentucky, as long as that schedule is in effect. In the event that the Tariff chosen by the Customer is replaced by a new or revised Tariff incorporating different rates or provisions. or both. the Company and Customer understand and agree that the Company will continue to provide service, and the Customer will continue to take service. under this Contract, subject to such changed provisions, and that the Customer will pay for such service at the new rates on and afler the date such rates become effective.

The Customer's contract capacity under the Tariff named herein is herehy fixed at . If a time-of-day demand is available under the Tariff and is selected by the Customer. the reservation of capacity aforementioned shall be the peak period reservation of capacity and shall determine Ihe Tariff minimum monthly billing demand. The amount of capacity requested during the off-peak period is

There are no unwritten understandings or agreements relating to the service hereinabove provided. This Contract cancels and supersedes all previous agreements, relating to the purchase hy Customer and sale by Company of eleclric energy at Customer's premises as referred to above. on h e date that service under this Contract commences. This Contract shall be in full force and effect when signed by the authorized represenlalives of the panies hereto.

Kentucky Power Company

Delinda Borden

Title: Manager

Date: - Account Number:

r Producb and Chemicals Inc

Steven P. Pastore Title: Director , Global. Energy Supply Date: 13 June 2011

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KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 2 Page 3 af 12 REDACTED

This Contract, enlercd into this 1st day ofOrtubcr, 2010 bi and betwen Kentucky P o w r Company. hereaner: called the Cornpun). and Catlettsburg Relining LLC, , or his or its heirs. S U C C ~ S S O ~ S or assigns. herrafler called the customer.

Witnesseth:

rollows: For and in consideration of the mutual covenants and agreements hercinaner contained, the parties hereto agree with each other os

The Company agrees to Furnish to the Customer, during the term of this Contract, and the Cuslomer agrees to take from the Compnny, subiect lo Comoanv's standard Terms and Conditions of Service as regularly filed crib the Public Service Commission o f Kentucky, all the * -

acler specified hcrcin that shall be purchesed by &e Customer in the premises located at

Th+ Company is to furnish and the Customer is to take electric energy under the terms of this Contract for an initial period of 12 month(s) firn the time such senice is commenced, and continuing thereafter until terminated upon 12 months' written notice given by either party of ils intention lo lerminate the Contrect. The date chat service shall be deemed to have commenced under this Contract shall be 101112010.

The electric energy delivered henunder shall be albrnating current at spproximately

The Customer acknowledges that the Customer may be eligible to receive service under more than one ofthe Company's schedules and lhat such options have been explained to the Customer. The Customer and Company agree that the Cuslumer has chosen to receive service under the provisions ofthe Company's Tariff COMUnND POWER TOD SUBTRAN, Code 371. The Customer agrees to pay Ihe Company monthly for electric enerpy delivered hereunder at the rales and under the provisions of the Company's Toriff COMXIIIND POWER TOD SVBTRAK, Code371, as regulwly filed with the Public Servlce Commission of Kentucky, f f i long ns that schedule is in effect Jn the event that the Tariff chosen by the Customer is replaced by a new or revised Tariff incorporoting different rates or provisions, or both, the Company and Customer undersfand and agree that the Company will continue to provide service, and Ihe Customer will continue to take service, under this Contract. subject Io such changed provisions. and that the Customer \till pay for such senice a1 the new rates on and alter the dale such rates become effective.

The Customer's contrect capacity undcr the Tariff namcd hrnin is hereby fixed at lfa time-or-day demand is a\ailable under the Tariffand is selected by the Customer. the reservation of capacity aforementioned shall be the pesk period rescrvation of capacitj and shall determine the Tariff minimum monthly billing demand.

There t l ~ e no unwritten understandings or agreements relating to the service hereinabove pmvided. This Contract cancels and supersedes all previous agreements. relating to the purchase by Customer and sale by Company ofelectric energy at Customer's premises as referred tu above, on the date &et service under this Conlracl commences. 'Ibis Conwct shall be in full force and effect \\hen signed by [he authorized representatives of Ihc parties hereto.

Kentucky Power Company

DcIinda Borden

Title: Manager

DLife: .*-"-__ Account Sumber

Catlcltsburg Refining L1.C

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JPN. 23.2662 5: 56PM AK STEEL PURCH R MTL qqfk Case rp. c12-00226

November D flearing D'a Requests Item No. 2

Page 4 of 12 REDACTED

Mark A. C a n d m

Title:

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2012/11/08 10:54:19 KPSC Case No. 2012-00226 ' /' November 1, 2012 Hearing Data Requests Item No. 2

Page 5 of 12 { -; REDACTED *:

This C O X I ~ C ~ entered into this *EIeCtric Powa, hereaffer called tbe Company, an ipiq NUZSSOIS or assigns, hereaffer called the (%.stornet,

orhisorits

Wibesseih:

as follows: For and in consideration o f the mutual covmmki md agreane.nk~ hereinafter contained, the: partie4 bercto a p e with each other

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KPSC Case No. 2012..00226 November 1,2012 Hearing Data Requests

Item No. 2 Page 6 of 12 REDACTED

This Contract, entered into this 28th day of June, 2010 by and between Kentucky Power Company, hereafter called the Company, and EQT Gathering Equity, LLC, , or his or its heirs, successors or assigns, hereaflw called the Customer,

Wirnesseth: For and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree with each other as

follows:

The Company agrees to fkmish to the Customer, during the term of this Contract, and the Customer a p e s to take from the Company, subject to Company's standard Terms and Conditions of Service as regularly filed with the Public Service Commission of Kentucky, all the electric energy of the character specified herein that shall be purchased by the Customer in the premises located at Cuetomer's Jenkins

The Company is to h i s h and the Customer is to take electric energy under the terms of this Contract for an initial period of 12 month(s) from the time such service is commenced, and continuing thereafter until terminated upon 12 months' written notice given by either party of its intention to fernkite the Contract. The date that service shall be deemed to have commenced under this Contract shall be 6/5/2010.

The electric energy delivered hereunder shdl d,elivered to Customer's service pole from Company's Contract. The said electric energy shall be delivered at r measured by a meter or meters owned and installed by the Company and located on Company pol

The Customer acknowledges that the Customer may be eligible to receive service under more than one of the Company's schedules and that such options have been explained to the Customer. The Customer and Company agree that the Customer has chosen to receive service under the provisions of the Company's Tariff QUANTITY POWER PRIMARY, Code 358. The Customer agrees to pay the Company monthly for electric energy delivered hereunder at the rates and under the provisions of the Company's Tariff QUANTITY POWER PRIMARY, Code 358, as regularly filed with the Public Service Commission of Kentucky, as long as that schedule is in effect. In the event that the Tariff chosen by the Customer is replaced by a new or revised Tariff incorporating different rates or provisions, or both, the Company and Customer understand and agree that the Company will continue to provide service, and the Customer will continue to take service, under this Contract, subject to such changed provisions, and that the Customer will pay for such service at the new rates on and after the date such rates become effective.

The Customer's contract capacity under the Tariffnamed herein is hereby fixed at If a time-of-day demand is available under the Tariff and is selected by the Customer, the reservation of capacity aforementioned shall be the peak period reservation of capacity and shall determine the Tariff minimum monthly billing demand.

There are no unwritten understandings or agreements relating to the service hereinabove provided. This Contract cancels and supersedes all previous agreements, relating to the purchase by Customer and sale by Company of electric energy at Customer's premises as referred to above, on the date that service under this Contract commences. This Contract shall be in full force and effect when signed by the authorized representatives of the parties hereto.

Kentucky Power Company

By: e- Robert Shurtleff

Title: Manager Date: 3- -10

Account Number:

EQ

D...

Christopher Akers

idstrenm Operations

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KPSC Case No. 2012-00226 , November 1,2012 Hearing Data Requests

Item No. 2 Page 7 of 12 REDACTED

This Contract, entered into this 29th day of June, 2010 by and between Kentucky Power Company, hereafter called the Company, and EQT Gathering, LLC, , or his or its heirs, successors or assigns, hereafter called the Customer,

Witnesseth: For and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree with each other as

follows:

The Company agrees to iiunish to the Customer, during the term of this Contract, and the Customer agrees to take from the Company, subject to Company’s standard Terms and Conditions of Service as ref&rly filed with the Public Service Commission of Kentucky, all the electric energy of the character specified herein that shall be purchased by the Customer in the premises located at Customer’s Blackberry Compressor Station

The Company is to fiunish and the Customer is to take electric energy under the terms of this Contract for an initial period of 12 month(s) from the time such service is commenced, and continuing thereafter until terminated upon 12 months’ written notice given by either party of its intention to terminate the Contract. The date that service shall be deemed to have commenced under this Contract shall be 6/18/2010.

The electric energy delivered hereunder shall be alternating current at approximately , and it shall be delivered to Customer’s service pole from Company meter pole, which shall constitute the point of delivery under this Contract. The said electric energy shall be delivered at reasonably close maintenance to constant and it shall be measured by a meter or meters owned and installed by the Company and located on Company meter

The Customer acknowledges that the Customer may be eligible to receive service under more than one of the Company’s schedules and that such options have been explained to the Customer. The Customer and Company agree that the Customer has chosen to receive service under the provisions of the Company’s Tariff QUANTITY P O m R PRIMARY, Code 358. The Cllstomei agrees to pay the Company monthly for electric energy delivered hereunder at the rates and under the provisions of the Company’s Tariff QUANTITY POWER PRIMARY, Code 358, as regularly filed with the Public Service Commission of Kentucky, as long as that schedule is in effect. In the event that the Tariff chosen by the Customer is replaced by a new or revised Tariff incorporating different rates or provisions, or both, the Company and Customer understand and agree that the Company will continue to provide service, and the Customer will continue to take senrice, under this Contract, subject to such changed provisions, and that the Customer will pay for such service at the new rates on and after the date such rates become effective.

/ . If a the-of-day demand is available The Customer’s contract capacity under the Tm’ff named herein is hereby fixed at under the Tariff and is selected by the Customer, the reservation of capacity aforementioned shall be the peak period reservation of capacity and shall determine the Tariff minimum monthly billing demand.

There are no unwritten understandings or agreements relating to the service hereinabove provided. This Contract cancels and supersedes all previous agreements, relating to the purchase by Customer and sale by Company of electric energy at Customer’s premises as referred to above, on the date that service under this Contract commences. This Contract shall be in f i l l force and effect when signed by the authorized representatives of the parties hereto.

Kentucky Power Company

Robert Shurtleff

Title: Manager

Date: 7-1dp / b Account Number:

Christopher Akers

Title: Senior Vice-President Midstream Operations

Date: to .

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KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

item No. 2 Page 8 of 12 REDACTED

This contract, entered into this 28th day of June, 2010 by and between Kentucky Power Company, hereafter called the Company, and , or his or its heirs, successors or assigns, hereafier called the Customer,

Witnesseth:

follows: For and in consideration of the mutual covenants and agreements hereinafter pntained, the parties hereto agree with each other as

, The Company agrees to fkmish to the Customer, during the term of this Contract, and the Customer agrees to take From the Company,

subject to Company’s standard Terms and Conditions of Service as regularly filed with the Public Service Commission of Kentucky, all the electric energy of the character specified herein that shall be purchased by the Customer in the premises located at Customer’s Myra

The Company is to furnish and the Customer is to take electric energy under the terms ofthis Contract for an initial period of 12 month(s) From the lime such service is commenced, and continuing thereafter until terminated upon 12 months’ written notice given by either party of its intention to terminate the Contract. The date that service shall be deemed to have commenced under this Contract shall be 6/18/2010.

The electric energy delivered hereunder shall be alternating current Et appro delivered to Customer’s service pole from Company meter pole, which shall consti The said electric energy shall be delivered at reasonably close maintenance to constant potential and frequency, and it shall be measured by a meter or meters owned and installed by the Company and located on Company meter pole

,and it shall be

The Customer acknowledges that the Customer may be eligible to receive service under more than one of the Company’s schedules and that such options have been explained to the Customer. The Customer and Company agree that the Customer has chosen to receive service under the provisions of the Company’s Tariff QUANTITY POWER PRIMARY, Code 358. The Customer agrees to pay the Company monthly for electric energy delivered hereunder at the rates and under the provisions of the Company’s Tariff QUANTITY POWER PRIMARY, Code 358, as regularly filed with the Public Service Commission of Kentucky, as long as that schedule is in effect In the event that the Tariff chosen by the Customer is replaced by a new or revised Tariff incorporating different rates or provisions, or both, the Company and Customer understand and agree that the Company will continue to provide service, and the Customer will continue ta take service, under this Contract, subject to such changed provisions, and that the Customer will pay for such service at the new rates on and after the date such rates become effective.

The Customer’s conbact capacity under the Tariffnamed herein is hereby fixed at If a time-of-day demand is available under the Tariff and is selected by the Customer, the reservation of capacity aforementioned shall be the peak period reservation of capacity and shall determine the Tariffminimum monthly billing demand.

There are no unwritten understandings or agreements relating to the service hereinabove provided. This Contract cancels and supersedes all previous agreements, relating to the purchase by Customer and sale by Company of electric energy at Customer’s premises BS referred to above, on the date that service under this Contract commences. This Contract shall be in full force and effect when signed by the authorized representatives of the parties hereto.

Kentucky Power Compttny

By:

Robert Shurtleff

Title: Manager

Date: -7--/&/8

Account Number

EQT Gathering, LLC

By:

Christopher Akers

Title: Senior Vice-President Midstream Operations

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. ,

KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 2 Page 9 of 12 REDACTED

TMS COll&aCt, entered into this 28th day of June, 2010 by and between Kentucky Power Company, hereafter called the Company, and EQT Gathering, LLC, , or his or its heirs, successors or assigns, hereafter called the Customer,

Witnesseth:

follows: For and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree with each other BS

The Company agrees to furnish to the Customer, during the term of this Contract, and the Customer agrees to take fiom the Company, subject to Company's standard Terms and Conditions of Service as regularly filed with the Public Service Commission of Kentucky, all the electric energy of the character specified herein that shall be purchased by the Customer in the premises located at Customer's Perry

The Company is to furnish and the Customer is to take electric energy under the terms of this Contract for an initial period of 12 month(s) 60x11 t;he time such service is commenced. and continuing thereafter until terminated upon 12 months' Written notice given by either party of its intention to terminate the Contract. The date that service shall be deemed to have commenced under this Contract shall be 6/26/2010.

The electric energy delivered hereunder shall be alternating current at eppmximately , and it shall be delivered to Customer's service pole from Company meter pole, which shall constitute the point of delivery under this Contract. The said electric energy shall be delivered at reasonably close maintenance to constant and it shall be measured by a meter or meters owned and installed by the Company and located on Company meter

The Customer acknowledges that the Customer may be eligible to receive service under more than one of the Company's schedules and that such options have been explained to the Customer. The Customer and Company agree that the Customer has chosen to receive service under the provisions of the Company's Tariff QUANTITY POWER PRIMARY, Code 358. The Customer agrees to pay the Company monthly for electric energy delivered hereunder at the rates and under the provisions of the Company's Tm-ff QUANTITY POWER PRIMARY, Code 358, as regularly filed with the PubUc Service Commission of Kentucky, as long as that schedule is in effect. In the event that the Tariff chosen by the Customer is replaced by a new or revised Tariff incorporating different rates or provisions, or both, the Company and Customer understand and agree that the Company will continue to provide service, and the Customer will continue to take service. under this Conkact, subject to such changed provisions, and that the Customer will pay for such service at the new rates on and after the date such rates become effective.

/'

The Customer's contract capacity under the Tariff named herein i s hereby fixed at If a time-of-day demand is available under the Tariff and is selected by the Customer, the reservation of capacity aforementioned shall be the peak period reservation of capacity and shall determine the Tariff minimum monthly billing demand.

There are no unwritten understandings or agreements relating to the service hereinabove provided. This Contract cancels and supersedes all previous agreements, relating to the purchase by Customer and sale by Company of electric energy at Customer's premises as referred to above, on the date that service under this Contract commences. This Contract shall be in full force and effect when signed by the authorized representatives of the parties hereto.

Kentucky Power Company

By:

Robert Shurtleff

Title: Manager

Date: 7- / b ' / b

Account Number:

EQT Gathering, LLC

Christopher Akers

Title: Senior Vice-President Mfdstream Operations

Date:- ~3 //b L ./ -

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KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 2 Page 10 of 12

REDACTED

This contract, entered into this 28th day o€ June, 2010 by and between Kentucky Power Company, hereafter called the Company, and EQT Gathering, U C , or his or its heirs, successors or assigns, hereaff er called the Customer,

Witnesseth: For and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree with each other BS

follows:

The Company agrees to furnish to the Customer, during the term of this Contract, and the Customer agrees to take from the Company, subject to Company's standard Terms and Conditions of Service as regularly filed with the PubUc Servlce Commission of Kentucky, all the electric energy of the character specified herein that shall be purchased by the Customer in the premises located at Customer's Rockhouse

The Company is to furnish and the Customer is to take electric energy under the terms of this Contract for an initial period of 24 month(s) from the time such service is commenced, and continuing thereafter until terminated upon 12 months' written notice given by either party of its intention to terminate the Contract. The date that service shall be deemed to have commenced under this Contract shall be 6/26/2010.

The electnc energy delivered hereunder shall be alternating current at delivered to Customer's service pole from Company's meter pole, which shall electric energy shall be delivered at reasonably close maintenance to constant pot meters owned and installed by the Company and located at Company's meter po

The Customer acknowledges that the Customer may be eligible to receive service under more than one of the Company's schedules and that such options have been explained to the Customer. The Customer and Company agree that the Customer has chosen to receive service under the provisions of the Company's Tariff QUANTITY POWER SUBTRANSMISSION, Code 359. The Customer agrees to pay the Company monthly for electric energy delivered hereunder at the rates and under the provisions of the Company's Tariff QUANTITY POWER SUBTRANSMISSION, Code 359, as regularly filed with the PubUc Service Commission of Kentucky, as long as that schedule is in effect Tn the event that the Tariff chosen by the Customer is replaced by a new or revised Tariff incorporating different rates or provisions, or both, the Company and Customer understand and agree that the Company will continue to provide service, and the Customer will continue to take service, under this Conbact, subject to such changed provisions, and that the Customer will pay for such service at the new rates on and afler the date such rates become effective.

/

The Customer's contract capacity under the Tariff named herein is hereby fixed . If a time-of-day demand is available under the Tariff and is selected by the Customer, the reservation of capacity aforementioned shall be the peak period reservation ofcapacity and shall determine the Tariff minimum monthly billing demand.

There are no unwritten understandings or agreements relating to the service hereinabove provided. This Contract cancels and supersedes all previous agreements, relating to the purchase by Customer and sale by Company of electric energy at Customer's premises as referred to above, on the date that service under this Contract commences. This Contract shall be in full force and effect when signed by the authorized representatives of the parties hereto.

Kentucky Power Company - Robert Shurtleff

Title: Manager

Date: 7 - / 0 r ~ O

Account Number:

Christopher Akers

Title: Senior Vice-President Midstream Operations

Date: bb/z >/h

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KPSC Case No. 2012-00226 November 1,2012 Hearing Data Requests

Item No. 2 Page I I of 12

REDACTED

This contract, entered into this 29th day of June, 2010 by and between Kentucky Power Company, hereafter called the Company, and EQT Gathering, LLC, , or his or its heirs, successors or assigns, hereafter called the Customer,

For and in consideration of the mutual covenants and agreements: hereinafter contained, the parties hereto agree with each other as follows:

The Company agrees to fimish to the Customer, during the term of this Contract, and the Customer agrees to take fYom the Company, subject to Company's standard Terms and Conditions of Service as regularly filed with the PubLlc Service Commission of Kentucky, all the electric energy of the character specified herein that shall be purchased by the Customer in the premises located at Customer's Right Beaver

The Company is to furnish and the Customer is to take electric energy under the t e r n of this Contract for an initial period of 12 month(s) fiom the time such service is commenced, and condnuing thereafter until terminated upon 12 months' written notice given by either party of its intention to terminate the Contract. The date that service shall be deemed to have commenced under this Contract shall be 6/9/2010.

The electric energy delivered hereunder shall be alternating and it shall be The said

a meter or delivered to Cuutomer's service poIe from Company meter pole, whic electric energy shall be delivered at reasonably close maintenance to con meters owned and installed by the Company and located on Company meter po

The Customer acknowledges that the Customer may be eligible to receive service under more than one of the Company's schedules and that such options have been explained to the Customer. The Customer and Company agree that the Customer has chosen to receive service under the provisions of the Company's Tariff QUANTITY POWER PRIMARY, Code 358. The Customer agrees to pay the Company monthly for electric energy delivered hereunder at the rates and under the provisions of the Company's Tariff QUANTITY POWER PRIMARY, Code 358, as regularly filed with the Public Service Commission of Kentucky, as long as that schedule is in effect. In the event that the Tariff chosen by the Customer is replaced by a new or revised Tariff incorporating different rates or provisions, or both, the Company and Customer understand and agree that the Company will continue to provide service, and the Customer will continue to take service. under this Contract, subject to such changed provisions, knd that the Customer will pay for such service at the new rates on and after the date such rates become effective.

The Customer's contract capacity under the Tariff named herein is hereby fixed at If a time-of-day demand is available under the Tariff and is selected by the Customer, the reservation of capacity aforementioned shall be the peak period reservation of capacity and shall determine the Tariff minimum monthly billing demand.

There are no unwritten understandings or agreements relating to the service hereinabove provided. This Contract cancels and supersedes all previous agreements, relating to the purchase by Customer and sale by Company of electric energy at Customer's premises as referred to above, on the date that service under this Contract commences. This Contract shall be in full force and effect when signed by the authorized representatives of the parties hereto.

Kentucky Power Company

By: Y Robert Shurtleff

Title: Manager

Date: 7 - / H e f0

Account Number:

EQT Gathering, LLC

By:

Christopher Akers

Title: Senior Vice-president Midstream Operations

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KPSC Case No. 2012-00226 Navernber 1,2012 Hearing Data Requests

Item No. 2 Page 12 of 12

REDACTED

This COnh.aCt, entrnd irito this 2Yth day o f Fchruary, 2012 by and behvecn Kentucky Power Company. hcrenkr cnlled the Company, and Eql Gntlierk~g Equity Llc , or his or its hcirs. successorr or assigns, hereaAcr called the Cudomer.

Witnesseth:

follO\s: For and in consideration of the mutual covenants and agreeineiits liereinnftrr conruined, the partics hcrcto agree with each other ns

The Company agrccs to furnish lo thc Customer, during thc term o f this Conmcl, ond the Customer ngrces to fakc From the Company. subject to Coinpony's standard Tens and Conditions of Service as rcgulurly filed with Uie Public Scn8icc Commission ofKenrurky, 011 the elcchic cnergy of the charactcrspsilied lierein that shall be purclioscd by tlic Customer in the prcniises located at Customer's Oliver

. The Company is IO furnish and the Cuitomer is to lokc electric energy undcr tlic terms of this Contract for nn initial period or12 month(s) rrom the t ime such scrvice is commcnced, and continuing IhemaIier until terminnted upon 12 monlhs' r\rittcn noticc given b,y either pa.r@ of its intention lo lerminatc the Contmct. 7he dote that scrvice shall be dccmed to lravc commeiiced under this Contract shnll be 7/31/2012.

The eleciric cnergy delivered licrcuoder shall bc alternoting cunenl a1 approximately dclivcrcd to Custowcr's service pole from Company mctcr polc. which shall constitme thA electric enerev shall be delivered at reasonobly close maintennncc to conshnl potential ond frequency, and it shall be mcasurrd by a meter or meters owned tlnd installed by the Company and lowtcd on Company meter pole

Thc Customer acknowledges that tbe Custnnier rnny bc eligible lo receive scrvice under more lhao one of the Company's schedules ond that such options hive been explained to llic Customer. The Customer and Cnnipnny agree that lhe Customer bas cliosen lo r&ve service undcr the provisions of the Company's TarifFQliANTITY POWER PRIMARY, Codc 358. Tile Customer a-pes to pay !lie Cornpuny monthly for electric energy delivered hewundcr at the rdtes and undw the provisions ofihe Company's TnriRQUAMZTY POWER PRIRIARI', Codc 353, as regularly filcd w i ~ the Puhlie Scrvlce Commission o f Kentucky, a$ long bs diat schedulc is in erect. Ln the even[ thn! tlic Tariff chosen by the Customer is replaced by a ncw or revised Tmiirincorporating differcnt rates or provisions, or both, the Company and Cuslorher understand and agree thnt the Compnny will contiauc to pro1 ide service, and the Customer will continue u) toke service. under lhis Contnc$ subject to sucli cliaigrd prorisions, and thnt thc Custonicr wil l pay for such service at die I I W rates or1 and nfier the date such m e s bccome cffcclive.

Thc Customcr's contncl capacity under Ure Tarinnanled herein is hereby fiwd at If n time-of-day demand is available under thc Tariff and is selected by thc Cuslomcr, thc rescnvition ofcapacity nforcmcntioiied shnll bc the peuk period rcservation ofcapacity and shell determine thelarin'miaimum nionlhly billing demand.

Tlicre an no unwritten understandings or agreenients rclnting lo the service hereinabove provided. This Conuect cancels and supersedes EIU previous agrmmcnts, retoting to the purclinse by Custorncr and sale by Company ofclecbic energy at Cuslomcr's premises nq rcfcrrcd to above. on the date that service under this Cootrnct commences. This Contract shall bz in full force and effect when signed by the autliorizcd nprcsentatives ofthc porlics Iicreto.

Kcntucky Power Company

Michael G . Lasslo

iccs

2 Account Number:

Eqt Ginthering Equity Llc

Christophcr Akers

Title: Senior Vice-President Midstrcani Opcrntions

Dutr:

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KPSC Case No. 2012-00226 Commission Staff Hearing Data Requests

Dated November 1,2012 Item No. 3 Page 1 of 1

Kentucky Power Company

REQUEST

For the iiioiitlis of July, August, September, and October (for billiiigs as of October 3 1, 20 12), please provide for each customer taking service wider Tariff R.T.P:

(a) tlie aiiouiits tlie customer was billed under Tariff R.T.P.; a i d

(b) tlie aiiiouiits tlie customer would have been billed under tlie otherwise applicable Q.P. or C.1.P.-T.O.D. Tariff.

RESPONSE

a-b).Siiice custoiners began taking service wider Tariff R.T.P. 011 JUIY 1, 201 2, ICeiitucky Power revenues from tlie ten custoiners taking service uiider Tariff R .TI’. were $3.6 inillioii less tlian what they would have been uiider tlie otherwise applicable QP . or C.I.P. - T.0.D Tariff as sliowii below:

Revenue Under Reveiiue TJiider Moiitli Standard Tariff Tariff R.T.P. Differeiice

JUIY $6,035,171 $6,141,088 $105,9 17 August $6,575,844 $5,37 1,283 ($1,204,561)

S epteiriber $6,5 13,8SO $S,267,7 13 ($1,246,137)

Total $2633 1,799 $22,680,718 ($3,651,081) October $7,206,934 $5,900,634 (9; 1,306,300)

Please see Attacluneiit 1 of this response for detail by customer. Confideiitial treatinelit is being sought for portioiis of Attaclmieiit 1.

WITNESS: Raiiie K Woludias

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COMMONWEALTH OF KENTTJCKY

BEFORE THE PUBLAC SERVICE COMMISSION

In the Matter of:

The Application of Kentucky Power )

Pending Submission by the Company Company to Withdraw Its Tariff RTP

And Approval by the Commission of a New Real-Time Pricing Tariff

1 ) Case No. 2012-00226 1 1

* * * * * * * *

PETITION FOR CONFIDENTIAL TREATMENT

Kentucky Power Company (“Kentucky Power”) moves the Commission pursuant to 807

KAR 5:001, Section 7, for an Order granting confidential treatment to Kentucky Power’s

November 9,2012 response to the Commission’s Post-Hearing Data Requests 1 through 3.

Pursuant to 807 KAR 5:OOl an original of the responses for which confidential treatment

is sought is filed separately. In addition, ten redacted copies of the subject responses are

included with the remaining filings.

A.

The data requests call for confidential information, consisting of customer-specific

The Requests And The Statutory Standards.

information concerning purchases of electricity froin Kentucky Power, customer contract

information, as well as details of customer accounts with Kentucky Power. Specifically the data

requests seek the following information:

1. Please provide copies of all executed real-time pricing addenda. If not included in the addenda, please provide the dates when the customers began taking service under Tariff RTP.

2. Please provide copies of the QP or CIP-TOD contracts for all customers currently taking service under Tariff RTP.

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3. For the months of July, August, September, and October (for billings as of October 31,2012) please provide for each customer taking service under Tariff RTP: (a) the amounts the customer was billed under Tariff RTP; and (b) the amounts the customer would have been billed under the otherwise applicable QP or CIP-TOD tariff.

Kentucky Power does not object to providing to the Commission the data sought in Post-

Hearing Data Requests 1 through 3. However, the information should be afforded confidential

treatment.

KR.S 61.878( l)(c)( 1) excludes from the Open Records Act:

Upon and after July 15, 1992, records confidentially disclosed to an agency or required to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records.

Moreover, KRS 61.878(1)(a) excludes:

Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.

These exceptions apply to the Commission’s Post-Hearing Data Requests 1 through 3.

R. The Nature of Kentucky Power’s Injury That Will Result From Disclosure Of The Confidential Information.

1. Customer-Specific Information.

The customer-specific information for which confidential treatment is being sought

includes the energy usage and cost for industrial entities in competitive markets such as

petroleum refining, steel production, retail, and chemical manufacture. Energy costs can

represent a substantial portion of the cost of the customers’ products. Such information, as well

as customer specific information such as account numbers, is considered confidential

information by the parties to those contracts.

2

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Disclosure of this information will place the energy costs and usage of the industrial

customers in the public domain and thereby place the customers at a commercial disadvantage by

making their cost information available. The threat of these disclosures could have the effect of

discouraging the parties represented by KIUC and other industrial and commercial customers

from locating or expanding in Kentucky Power's service territory.

C.

First, the records to be filed with the Commission are "generally recognized as

The Information Is Generally Recognized As Confidential and Proprietary.

confidential or proprietary." The requests at issue in this motion call for sensitive information

that is treated as confidential by Kentucky Power and its customers. Dissemination of the

information for which confidential treatment is being requested is restricted by Kentucky Power

and AEPSC. The Company and AEPSC take all reasonable measures to prevent its disclosure to

the public as well as persons within the Company who do not have a need for the information.

D. Disclosure Of The Information Will Result In An Unfair Commercial Disadvantage To Kentucky Power.

In general, the disclosure of the confidential information will place Kentucky Power at an

unfair commercial disadvantage. As set forth above, energy costs represent a significant

component of the costs of operation for many of Kentucky Power's large industrial customers.

These customers require Kentucky Power to maintain this information as confidential,

presumably because public dissemination would place them at a commercial disadvantage vis-a-

vis their competitors. If this information is required to be disclosed publicly then industrial

customers will be less likely to locate or expand in Kentucky Power's service territory. The

impaired ability to attract such customers will place Kentucky Power at a competitive

disadvantage as compared to electric utilities in other jurisdictions that may not be subject to this

disclosure requirement.

3

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E.

The records requested in the Commission’s Post-Hearing Data Requests 1 through 3 are

The Information Is Required To Be Disclosed To An Agency.

by the terms of the requests required to be disclosed to the Commission, a “public agency” as

that term is defined at KRS 61.870( 1). Kentucky Power acknowledges the customer information

at issue is subject to Commission review, and that parties to this proceeding should have access

to the information sought by Staff and KIUC. Any filing, however, should be subject to a

confidentiality order and any party requesting such information should enter into a

confidentiality agreement. If such an agreement cannot be reached, the information should be

subject to a protective order issued pursuant to 807 KAR S:OO1, Section 7(S)(b).

F. The Information is Personal to Kentucky Power’s Customers and Public Disclosure would Impair Reasonable Privacy Expectations.

In addition to the risk of competitive injury to Kentucky Power set forth above,

disclosure of the customer-specific information at issue in the Commission’s Post-Hearing Data

R.equests 1 through 3 would violate the reasonable privacy expectations of the customers.

Kentucky Power’s customers require the Company to maintain this information as confidential.

They have no expectation that the information will be publicly disclosed. Moreover, no public

interest is served through the disclosure of the energy purchases made by private parties.

Wherefore, Kentucky Power Company respectfully requests the Commission to

enter an Order:

1. According confidential status to and withholding from pubic inspection Kentucky

Power’s responses to the Commission’s Post-Hearing Data Requests 1 through 3; and

Granting Kentucky Power all further relief to which it may be entitled. 2.

4

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Respectfully submitted,

S & HARBISON PLLC 421 West Main Street P. 0. Box 634 Frankfort, Kentucky 40602-0634 Telephone: (502) 223-3477

COUNSEL FOR KENTUCKY POWER COMPANY

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing (along with redacted copies of the information for which confidential treatment is sought) was served by first class mail, postage prepaid, upon the following parties of record, this 9th day of November, 20 12.

Jennifer B. Hans Dennis Howard I1 Lawrence W. Cook Assistant Attorneys General Office for Rate Intervention P. 0. Box 2000 Frankfort, KY 40602-2000

Michael L. Kurtz Kurt J. Boehm Boehm, Kurtz & Lowry Suite 1510 36 East Seventh Street Cincinnati, OH 45202

5