BOEHM, KURTZ & LOWRY ATTORNEYS AT LAW 36 EAST SEVENTH STREET, SUITE 1510 CINCINNATI, OHIO TELEPHONE (513) TELECOPIER (513)

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1 BOEHM, KURTZ & LOWRY ATTORNEYS AT LAW 36 EAST SEVENTH STREET, SUITE 1510 CINCINNATI, OHIO TELEPHONE (513) TELECOPIER (513) VIA ELECTRONIC CASE FILING May 25, 2017 Kavita Kale, Executive Secretary Michigan Public Service Commission 7109 W. Saginaw Highway Lansing, MI Re Case No. U Dear Ms. Kale Please find attached THE KROGER CO S MOTION FOR ADMISSION PRO HAC VICE, AFFIDAVIT, RECEIPT and CERTIFICATES OF GOOD STANDING of KURT J. BOEHM and JODY KYLER COHN and a PROOF OF SERVICE for filing in the above captioned matter. Please place this document of file. Thank you for your assistance in this matter. Very truly yours, Kurt J. Boehm, Esq. Jody Kyler Cohn, Esq. Michael L. Kurtz, Esq., (Michigan #P67067) BOEHM, KURTZ & LOWRY MLKkew Enclosure Cc Parties of Record ALJ Mark D. Eyster (eysterm@michigan.gov)

2 STATE OF MICHIGAN BEFORE THE PUBLIC UTILITIES COMMISSION In the Matter of, on the Commission s own motion, to open a docket to implement the provisions of Section 6w of 2016 PA 341 for DTE ELECTRIC COMPANY S service territory Case No. U (E-file) MOTION FOR ADMISSION PRO HAC VICE Michael L. Kurtz, Esq., a Michigan attorney, hereby moves that Kurt J. Boehm, Esq. and Jody Kyler Cohn, Esq. be granted permission to participate in this case as counsel for The Kroger Co. In support of this Motion, the movant states as follows 1. Rule 309(2) of the rules of practice and procedure for the Michigan Public Service Commission ( MPSC or Commission ) states An attorney who is duly licensed to practice law in another state or in the courts of the United States may be permitted to practice before the Commission on the same basis as in the circuit courts in this State. 2. Rule 15, Section 2 of the rules concerning the State Bar of Michigan states Any person who is duly licensed to practice law in another state or territory, or in the District of Columbia, of the United States of America, or in any foreign country, may be permitted to engage in the trial of a specific case in a court or before an administrative tribunal in this state when associated with and on motion of an active member of the State Bar of Michigan who appears of record in the case. Such temporary permission may be revoked by the court summarily at any time for misconduct. 3. Kurt J. Boehm is a partner in the law firm of Boehm, Kurtz & Lowry with their primary offices in Cincinnati, Ohio at address listed below. Jody Kyler Cohn is an associate in the same law firm. Boehm, Kurtz & Lowry 36 E. Seventh St., Suite 1510 Cincinnati, Ohio Kurt J. Boehm and Jody Kyler Cohn represent The Kroger Co. in this proceeding and their address is The Kroger Co Vine Street Cincinnati, Ohio 45202

3 4. Kurt J. Boehm and Jody Kyler Cohn are duly licensed and admitted to practice law in the State of Ohio and the State of Kentucky. 5. Michael L. Kurtz is an active member, in good standing, of the State Bar of Michigan. WHEREFORE, I, Michael L. Kurtz do here attest that I have read the affidavits of Kurt J. Boehm and Jody Kyler Cohn. I have made a reasonable inquiry concerning the averments made therein and believe the outof-state attorneys representations to be true. I hereby agree to ensure that the procedures of Michigan Court Rule are followed and respectively request that Kurt J. Boehm and Jody Kyler Cohn be admitted in Case Number U DATED this 24 th day of May, Respectfully Submitted, Michael L. Kurtz, Esq., (Michigan #P67067) BOEHM, KURTZ & LOWRY 36 E. Seventh Street., Suite 1510 Cincinnati, Ohio Ph Fax mkurtz@bkllawfirm.com - 2 -

4 STATE OF MICHIGAN BEFORE THE PUBLIC UTILITIES COMMISSION In the Matter of, on the Commission s own motion, to open a docket to implement the provisions of Section 6w of 2016 PA Case No. U for DTE ELECTRIC COMIANY S service territory (f-file) AFFIDAVIT OF KURT J. BOEHM IN SUPPORT OF MOTION PRO HAC VICE COMES NOW Kurt J. Boehm respectfully requesting that the Michigan Public Service Commission permit him to appear as counsel for The Kroger Co. in the above captioned case. Pursuant to Public Service Commission Rule 309(2) and Michigan Court Rule 8.126, Mr. Boehm states as follows I. Mr. Boehm is a partner in the law firm of Boehm, Kurtz & Lowry. He was admitted to the Kentucky bar in 2002, the Ohio bar in Mr. Boehm has not been denied pro hac vice status in the state of Michigan. 3. Mr. Boehm has not had pro hac vice status revoked in the state of Michigan. 4. Mr. Boehm has not been denied admission in any jurisdiction. 5. Mr. Boehm has not been formally disciplined or sanctioned by any court in the state of Michigan, or anywhere else. 6. Mr. Boehm has not been the subject of any injunction, cease-and-desist letter, or other action arising from a finding he engaged in the unauthorized practice of law in Michigan or elsewhere. 7. No formal disciplinary proceeding has ever been brought against Mr. Boehm by a disciplinary authority or unauthorized practice of law commission in any jurisdiction. 8. Mr. Boehm has not been placed on probation by a disciplinary authority in any jurisdiction. -3-

5 9. Mr. Boehm has not been held formally in contempt or otherwise sanctioned by any court in a written order for disobedience to its rules or orders. 10. Mr. Boehm has reviewed the Michigan Rules of Professional Conduct, Michigan Court Rules, and the Michigan Rules of Evidence. I hereby verify that the foregoing statements are true and correct to the best of my knowledge, information belief. Respectfully submitted, Ku I. Boehm, Esq BOEHM, KURTZ & LOWRY 36 East Seventh Street, Suite 1510 Cincinnati, Ohio Ph (513) Fax (513) E Mail Lboelim( B KI., la, t inn..nm May 24, 2017 COUNSEL FOR THE KROGER CO. Subscribed to and sworn before me Kimberly Waiton Notaty PublIc, Stab of Ohio My CommIssion Expires

6 Tammy White Attorney Services Manager Interim Director, Attorney Services Division LEE ANI 1 WARD 14th day of March, name and affixed the seal of the Supreme Court, this attorney pursuant to the Supreme Court Rules for the Government of the Bar of Ohio; is in good standing with the Supreme Court of Ohio; and is entitled to practice law in this state. was admitted to the practice of law in Ohio on May 09, 2003; has registered as an active Kurt Joseph Boehm Court of Ohio, do hereby certify that I am the custodian of the records of the Office of Attorney Services of the Supreme Court and that the Attorney Services Division is responsible for reviewing Court records to determine the status of Ohio attorneys. I further certify that, having fulfilled all of the requirements for admission to the practice of law in Ohio, I, LEE ANN WARD, Interim Director of the Attorney Services Division of the Supreme IN TESTIMONY WHEREOF, I have subscribed my CERTIFICATE Z!tje uprme QEOUTt of jio

7 MicAele M. Pogrotsky, eputy egistrar By ir,h%) REGISTRAR JOHND. MEYERS Rules of the Supreme Court ofkentucky. Dated this 5th day ofmarch, is an active member in good standing with the Kentttcky Bar Association as required by the Membership No Cincinnati, Ohio KLJR TJOSEPH 3 OEHM 36 East Seventh Street, Suite 7570 THIS IS TO CERTIFY THAT ECCUTIVE DIREC1 OR OFFICERS R. Michael Sullivan President William R. Garmer president-f leet Douglas Ballantine Vice President C Douglass Farnsley Immediate Past President YOUNG LAt YERS Rebecca R. Schafer Chair John 1). Meyers (502) FRAiNKFORT, KENTUCKY FAX (502) WEST MAIN STREET BOARD OF GOVERNORS Mindy C. Barfield Amy D. Cubbage Melinda 0. Dalton 1 homas N. Kerrick Howard Oliver Mann Earl M. MeGuire J. D. Meyer Eileen M. O Brien Michael M. Pitman W Fletcher Schrock Gary J. Sergent Bobby Simpson J. Stephen Smith John Vincent KENTUCKY BAR ASSOCIATION

8 State Bar of Michigan member area Page 1 of 1 SBvI STATE BAR OF MICHIGAN Welcome Kurt J Boehm Pro Hac Vice New Case/Mailer 0 Cottrt 8 Judge 0 Michigan Lawyer Pro Hac Vice Admission Receipt Kurt]. Boehm 0 Upload Documents 0 Process Fees A copy of this receipt must be attached to the motion. The motion must be tied by the Michigan attorney in the court, administrative tnbunal or agency, or in the arbitration in which you are seeking temporary admission. By submitting these documents, you are NOT temporarily admitted. The motion and documents required by MCR must be tiled with the court, administrative tribunal or agency, or in the arbitration in which you are seeking temporary admission and the filing fee, if any, must be paid. Only the court, administrative tribunal or agency, or arbitrator may enter an order allowing temporary admission. Once the order is entered, the Michigan attorney must a copy of the order to ProHacVicetmail.michbar.org as soon as practicable. Your payment was charged to Credit Card 8658 Payment Date 05/24/2017 Description Amount Pro Hac Vice $90.00 CPF-Pro Hac Vice $15.00 Total $ Member Area Portal Home 0 ReceiptEdit Profile Change Password Change e-ma/ Change User Name Add/Edit Jurisdictions Add New Case/Matter jgqt LL] https //e.michbar. org/ecommerce/prohacvice/receipt.aspx?token... 5/24/2017

9 STATE Of MICHIGAN BEFORE THE PUBLIC UTILITIES COMMISSION In the Matter of, on the Commission s own motion, to open a docket to implement the provisions of Section 6w of 2t)16 PA Case No. U for DTE ELECTRIC COMPANY S service territory (E-file) AFFIDAVIT OF JODY KYLER COHN IN SUPPORT Of MOTION PRO HAC VICE COMES NOW Jody Kyler Cohn respectfully requesting that the Michigan Public Service Commission permit him to appear as counsel for The Kroger Co. in the above captioned case. Pursuant to Public Service Commission Rule 309(2) and Michigan Court Rule 8.126, Mr. Boehm states as follows 1. Ms. Cohn is an associate in the law firm of Boehm, Kurtz & Lowry. She was admitted to the Ohio bar in 2009, and the Kentucky bar in Ms. Cohn has not been denied pro hac vice status in the state of Michigan. 3. Ms. Cohn has not had pro hac vice status revoked in the state of Michigan. 4. Ms. Cohn has not been denied admission in any jurisdiction. 5. Ms. Cohn has not been formally disciplined or sanctioned by any court in the state of Michigan, or anywhere else. 6. Ms. Cohn has not been the subject of any injunction, cease-and-desist letter, or other action arising from a finding he engaged in the unauthorized practice of law in Michigan or elsewhere. 7. No formal disciplinary proceeding has ever been brought against Ms. Cohn by a disciplinary authority or unauthorized practice of law commission in any jurisdiction. 8. Ms. Cohn has not been placed on probation by a disciplinary authority in any jurisdiction. -5-

10 9. Ms. Cohn has not been held formally in contempt or otherwise sanctioned by any court in a written order for disobedience to its rules or orders. 10. Ms. Cohn has reviewed the Michigan Rules of Professional Conduct, Michigan Court Rules, and the Michigan Rules of Evidence. I hereby verify that the foregoing statements are trtie and correct to the best of my knowledge, information belief. Respectfully submitted, Jo Kyl Cob,F q. BOEHM, KU Z & LOWRY 36 East Seventh Street, Suite 1510 Cincinnati, Ohio Ph (513) fax (513) E IVlail jkv l rcohn ( zr I il ni May 24, 2017 COUNSEL FOR THE KROGER Co. Subscribed to and sworn before me this 24th day of May, mbe W&n Notary Public, Stale &Olo My CommIssIon Exps

11 Tammy Whité Attorney Services Manager Interim Director, Attorney Services Division LEE ANN WARD 14th day of March, name and affixed the seal of the Supreme Court, this IN TESTIMONY WHEREOF, I have subscribed my attorney pursuant to the Supreme Court Rules for the Government of the Bar of Ohio; is in good standing with the Supreme Court of Ohio; and is entitled to practice law in this state. was admitted to the practice of law in Ohio on November 09, 2009; has registered as an active Jody Michelle Kyler Cohn Court of Ohio, do hereby certify that I am the custodian of the records of the Office of Attorney Services of the Supreme Court and that the Attorney Services Division is responsible for reviewing Court records to determine the status of Ohio attorneys. I further certify that, having fulfilled all of the requirements for admission to the practice of law in Ohio, I, LEE ANN WARD, Interim Director of the Attorney Services Division of the Supreme C E R T I F I C A T E fljc uprethe!eonrt of c1{jio

12 OFFICERS R. Michael Sullivan President William R. Gamier President-Elect Douglas C. Ballantine Vice President Douglass farnslev Immediate Past President YOUNG LAWYERS Rebecca R. Schafer Chair EXECUTIVE DIRECTOR John D. Meyers KENTUCKY BAR ASSOCIATION 514 VEST J1AIN STREET FRANKFORT, KENTUCKY (502) FAX (502) BOARD OF GOVERNORS Mindy C. Barfield Amy D. Cubbage Melinda G. Dalton Thomas N. Kerrick Howard Oliver Mann Earl M. McGuire J. D. Meyer Eileen M. ORden Michael NI. Pitman W. Fletcher Schcock Gary J. Sergent Bobby Simpson J. Stephen Smith John Vincent THIS IS TO CERTIFY THAT JOD YMIHELLE KYLER COHN Boehm, Kztrt and Lowry 36 East Seventh Street, Suite 7510 Cincinnati, Ohio Membership No is an active member in good standing with the Kentucky Bar Association as required by the Ru/es of the Supreme Court ofkentucky. Dated this day ofmarch, th JOHND. MEYERS REGISTRAR Mich le M. PogrotskyfDeputy Eekistrar

13 State Bar of Michigan member area Page 1 of 1 SI3/J STATE BAR OF MIcHIGAN Pro Hac Vice New Case/Matter Member Area Portal Home Court S Jtidge 0 Michigan Lawyer 0 Upload Documents 0 Process fees 0 Receipt Edit Profile Pro Hac Vice Admission Receipt Jody Kyler Cohn A copy of this receipt must be attached to the motion. The motion must be filed by the Michigan attorney in the court, administrative tribunal or agency, or in the arbitration in which you are seeking temporary admission. By submitting these documents, you are NOT temporarily admitted. The motion and documents required by MCR must be filed with the court, administrative tribunal or agency, or in the arbitration in which you are seeking temporary admission and the filing fee, if any, must be paid. Only the court, administrative tribunal or agency, or arbitrator may enter an order allowing temporary admission. Once the order is entered, the Michigan attorney must a copy of the order to ProHacVic .michbar.org as soon as practicable, Your payment was charged to Credit Card 8658 Payment Date 05/24/2017 Description Amount Pro Hac Vice $90.00 CPF-Pro Hac Vice $15.00 Total $ Chanse Password Chanoe Chane User Name AddlEdit Jurisdictions Add New CaselMatter Welcome Jody Kyler Cohn Next> https //e.michbar. org/ecommerce/prohacvice/receipt. aspx?token... 5/24/2017

14 STATE OF MICHIGAN BEFORE THE PUBLIC UTILITIES COMMISSION In the Matterof, on the Commission s own motion, to open a docket to implement the provisions of Section 6w of 2016 PA 341 for DTE ELECTRIC COMPANY S service territory Case No. U (E-file) PROOF OF SERVICE Kurt J. Boehm, Esq. duly sworn, deposes and says that on May 25, 2017 he served (via electronic mail) when available or regular U.S. Mail THE KROGER CO S MOTION FOR ADMISSION PRO HAC VICE, AFFIDAVIT, RECEIPT and CERTIFICATES OF GOOD STANDING of KURT J. BOEHM and JODY KYLER COHN and a copy of this Proof of Service upon those listed on the attached Certificate of Service. Kurt J. Boehm, Esq. Jody Kyler Cohn, Esq. Michael L. Kurtz, Esq., (Michigan #P67067) BOEHM, KURTZ & LOWRY 36 East Seventh Street, Suite 1510 Cincinnati, Ohio Ph Fax KBoehm@BKLlawfirm.com JKylerCohn@BKLlawfirm.com mkurtz@bkllawfirm.com COUNSEL FOR THE KROGER CO. Subscribed to and sworn before me This 25 TH day of May, Notary Public

15 Service List for U Administrative Law Judge- POS Only Honorable Mark D. Eyster Michigan Public Service Commission 7109 W. Saginaw Hwy. Lansing, MI Counsel for DTE Gas Company Michael J. Solo Richard P. Middleton Jon Christinidis David S. Maquera Andrea A. Hayden DTE Gas Company One Detroit Plaza, 688 WCB Detroit, MI mpscfi Counsel for Sierra Club Christopher M. Bzdok Tracy Jane Andrews Olson, Bzdok & Howard 420 East Front St. Traverse City, MI Counsel for MPSC Staff Lauren D. Donofrio Meredith R. Beidler Bryan A. Brandenburg Michigan Public Service Commission 7109 W. Saginaw Hwy., 3rd Floor Lansing, MI Counsel for Wal-Mart Stores East, LP and Sam's East, Inc. Melissa M. Home Higgins, Cavanagh & Cooney, LLP 10 Dorrance St., Ste. 40 Providence, RI Counsel for Residential Customer Group Don L. Keskey Brian W. Coyer Public Law Resource Center PLLC University Office Place 333 Albert Ave., Ste. 425 East Lansing, MI Counsel for Energy Michigan, Inc. Timothy J. Lundgren Laura A. Chappelle Vanum Law Firm 201 N. Washington Sq., Ste. 910 Lansing, MI Toni L. Newell Vamum Law Firm 333 Bridge St., NW Grand Rapids, MI Counsel for ABATE Stephen A. Campbell Clark Hill 500 Woodward Ave. Detroit, MI

16 Sean P. Gallagher Michael J. Pattwell Clark Hill 212 E. Grand River Ave. Lansing, MI Counsel for Calpine Energy Timothy J. Lundgren Laura A. Chappelle Vanum Law Firm 201 N. Washington Sq., Ste. 910 Lansing, MI Counsel for Wolverine Power Marketing Cooperative, Inc. Richard Aaron Courtney Kissel Dykema Gossett, PLLC 201 Townsend, Ste. 900 Lansing, MI Counsel for Spartan Renewable Energy, Inc. Jason Hanselman Dykema Gossett, PLLC 201 Townsend, Ste. 900 Lansing, MI Counsel for Michigan Municipal Electric Association JimB. Weeks 809 Centennial Way Lansing, MI Peter H. Ellsworth Nolan J. Moody Dickinson Wright 215 S. Washington Sq., Ste. 200 Lansing, MI Counsel for Michigan State Utility Workers Council, Utility Workers Union of America, AFL-CIO John A. Conzano Patrick J. Rorai 423 N. Main St., Ste. 200 Royal Oak, MI Counsel for Michigan Chemistry Council Counsel for Energy Michigan, Inc. Timothy J. Lundgren Laura A. Chappelle Vanum Law Firm 201 N. Washington Sq., Ste. 910 Lansing, MI Toni L. Newell Vamurn Law Firm 333 Bridge St., NW Grand Rapids, MI Counsel for Constellation New Energy, Inc., Jennifer Utter Heston Angela R. Babbitt 124 West Allegan Street, Suite 1000 Lansing, Michigan Counsel for Attorney General Celeste R. Gill 525 W. Ottawa St., Williams Bldg., 6 th Floor PO Box Lansing, MI Gille1@michigan.gov 3