BOE & ATTORNEYS AT LAW 36 EAST SEVENTW STEEET SUITE 1510 CINCINNATI, OHIO 45202 TELEPHONE (513) 421-2255 VIA OVERNIGHT MAIL TELECOPIER (513) 421-2764 June 1,2018 Ms. Ingrid Ferrell Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, WV 25323 Re; Case No. 18-0646-E-42T Dear Ms. Ferrell: Please find enclosed the original and twelve (12) copies each of the PETITION TO INTERVENE OF THE KROGER CO., VERIFIED APPLICATlON FOR ADMISSION PRO HAC VICE OF KURT J. BOEHM and JODY KYLER COHN for filing in the above referenced matter. A copy of the Pro Hac Vice applications were e-filed with the West Virginia State Bar along with the required application fees. Copies have been served on all parties of record. Please place these documents of file. Very truly yours, Khrt J. Boehm, Esq. Jody Kyler Cohn, Esq. Kristina Thomas Whiteaker, Esq. (WV Bar #9434) THE GRUBB LAW GROUP COUNSEL FOR THE KROGER CO. KJBkew Enclosure cc: Certificate of Service
I hereby certify that true copy of the foregoing mail this lst day of June, 201 8 to the following: CERTIFICATE OF SERVICE Kurt J. Boehm, Esq. Jody Kyler Cohn, Esq. Kristina Thomas Whiteaker (WV Bar No. 9434) William C. Porth, Esq. Counsel, AEP and Wheeling Power Robinson & McElwee PLLC PO Box 1791 Charleston, WV 25326 Email Address: wcp@,ramlaw.com Heather G. Harlan, Esq. Counsel, AEP and Wheeling Power - Robinson & McElwee PO Box 1791 Charleston, WV 25326 Email Address: hgh@,ramiaw.com Heather B. Osborn, Esq. Consumer Advocate Division 700 Union Building 723 Kanawha Boulevard, East Charleston, WV 25301 Email Address: hosbornca),cad.state.wv.us Derrick P. Williamson, Esq.. Counsel, WVEUG Spilman Thomas & Battle, PLLC 1100 Bent Creek Blvd., Suite 101 Mechanicsburg, PA 17050 Email Address: dwilliamson@,spilmanlaw.com Barry A. Naum, Esq. Counsel, WEUG Spilman Thomas & Battle, PLLC 1 100 Bent Creek Boulevard, Suite 10 1 Mechanicsburg, PA 17050 Email Address: bnaum~~spilman~aw.com Susan J. Riggs, Esq. Counsel, WEUG. Spilman Thomas & Battle PO Box 273 Charleston, WV 25321-0273 Email Address: srings@,s,s.piimanlaw.com Jason C. Pizatella, Esq. Counsel, WEUG Spilman Thomas & Battle, PLLC PO Box 273 Charleston, WV 25321-0273 Email Address: jpizatella@,spilmanlaw.com
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO. 18-0646-E-42T APPALACHIAN POWER COMPANY and WHEELING POWER COMPANY, both dba AMERICAN ELECTRIC POWER Rule 42T Application to increase electric rates and charges PETITION TO INTERVENE OF THE KROGER CO. 1. Pursuant to Rule 12.6 of the Commission s Rules of Practice and Procedure, The Kroger Co. ( Kroger ) hereby petitions to intervene in the above-captioned matter. 2. The name, address and contact inforniation of Kroger s attorneys and consultants are: Kurt J. Boelm, Esq. Jody Kyler Cohn, Esq. Boehm, Kurtz & Lotvry 36 E. Seventh St., Suite 15 10 Cincinnati, Ohio 45202 ph: 513-421-2255 fax: 513-421-2764 email: kboehmg?bkllawfirrn.com j kylercohn@bkt.,lawfirni.com Kristina Thomas Whiteaker (WV Bar No. 9434) The Grubb Law Group 1 114 Kanawha Boulevard East Charleston, WV 2530 1 Ph: 304-345-3356 fax: 304-345-3355 Email: KWhiteaker@,grubblawgroup.com - Kevin Higgins Energy Strategies, LLC Parkside Towers 21 5 South State Street, Suite 200 Salt Lake City, Utah 84 11 1 khi~!ninsneiiergvstrat.coni
3. Kroger is a corporation engaged in the business of selling groceries at retail throughout the United States. One of the largest retail food companies in the United States, Kroger has over 30 grocery stores and other facilities in West Virginia. Petitioner is one of the largest commercial customers served by the Company. The grocery stores operated by Kroger are high load factor facilities that use energy for food storage, lighting, heating, cooling and distribution, often on a 24 hour a day, 7 day a week basis. If the Company s application is granted, then the cost for electric power service to Petitioner could be substantially impacted. Accordingly, Petitioner has a substantial and vital interest in the outcome of this proceeding which cannot be adequately represented by any other party. Kroger believes that its intervention will not prejudice any of the parties to this matter. Kroger accepts the record as it stands. 4. Kroger intends to present evidence related to revenue requirements, rate design and revenue allocation. Kroger has not determined its specific position or the relief desired with respect to these issues as of the date of this filing. WHEREFORE, the Petitioner respectfully requests that its Petition to Intervene be granted. Kuk J. Boehm, Esq. Jody Kyler Cohn, Esq. BOEHM, KURT2 & LOWRY 36 East Seventh Street, Suite 1510 Cincinnati, Ohio 45202 Ph: 513-421-2255 Fax: 513-421-2764 E-mail: kboehni@,bkllawfirm.com - J kylercohn@,bkllawfirni.com.. - Maya, 20 1 8 Kristina Thomas Whiteaker (WV Bar No. 9434) The Grubb Law Group 1114 Kanawha Boulevard East Charleston, WV 25301 Ph: 304-345 -3356 fax: 304-345-3355 Email: KWhiteaker~;crrubblawgroup.com
VERIFICATION STATE OF OHIO, To-wit: I, Kurt J. Boehm, Esq., being duly sworn, depose and state that I am an attorney for The Kroger Co., that I have read the foregoing Petition to Intervene of The Kroger Co., and know the contents thereof, and that the statements therein contained are true to f my knowledge, information and belief. Kurt J. Boehm, Esq. Subscribed and sworn to before me this 31 day Notary Public
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO. 18-0646-E-42T APPALACHIAN POWER COMPANY and WHEELING POWER COMPANY, both dba AMERICAN ELECTRIC POWER Rule 42T Application to Increase Electric Rates And Charges --? LlS VERIFIED APPLICATION FOR ADMISSION PRO HAC VICE OF KURT J. BOEHM AS COUNSEL FOR THE KROGER CO. COMES NOW Kurt J. Boehrn, Esq., an attorney in good standing, licensed to practice law in Ohio and Kentucky, pursuant to Rule 8 of the Rules for Admission to the Practice of Law of the State of West Virginia hereby moves to be admitted pro hac vice for the limited purpose of representing The Kroger Co. in Case No. 18-0646-E-42T, West Virginia Public Service Commission ( the Commission ). In support of this Application, the following is submitted pursuant to Rule 8(b) of Rules for Admission to the Practice of Law of the State of West Virginia: 1. Commission Case No. 18-0646-E-42T is the subject of this Application. 2. Applicant is a member in good standing of the state bars of Ohio and Kentucky. The name, address and telephone numbers of the disciplinary agencies for the courts of these states are listed below: Ohio State Bar Association 1700 Lake Shore Drive P.O. Box 8 Columbus, Ohio 4321 6-0008 Phone: (614) 487-8585 or (800) 232-7124 Fax: (614) 487-8808
Kentucky State Bar Association 5 14 W. Main Street Frankfort KY 40601-1 883 Phone: (502) 564-3795 Fax: (502) 564-3225 3. Kristina Thornas Whiteaker an active member in good standing of the State Bar of West Virginia has agreed to act as local counsel for Applicant. Her name, address and phone number is listed below: Kristina Thomas Whiteaker (WV Bar No. 9434) The Grubb Law Group 11 14 Kanawha Boulevard East Charleston, WV 25301 Ph: 304-345-3356 fax: 304-345-3355 Email: KWhiteaker(i~rubblawaroup.com 4. Applicant has participated as counsel for The Kroger Co. in Case Nos. 14-1 152-E-42T, 1 1-0274-E-GI, 10-0699-E-42T, 09-1352-E-42T, 09-1 485-E-P, 09-0 177-E-GI, 07-0248-E-GI and 06-0960-E-42T before the Public Service Commission of West Virginia. 5. Applicant s law firm has not been involved in a matter before a West Virginia tribunal or other State body in the preceding 24 months. 6. Applicant is a licensed attorney in good standing in Ohio and Kentucky. Applicant has tiever been suspended, disbarred or resigned as a result of a disciplinary charge, investigation, or proceeding from the practice of law in any jurisdiction, nor are any such disciplinary proceedings pending. 7. Applicant agrees to comply with all laws, rules and regulations of West Virginia state and local governments. 8. Applicant has forwarded a fee of Three Hundred Fifty Dollars ($350.00) to the State Bar of West Virginia along with a copy of this Application.
WHEREFORE, the Applicant, Kurt J. Boehm, Esq. move for the admission Pro Hac Vice to participate as counsel for The Kroger Co. in Case No. 18-0646-E-42T before the West Virginia Public Service Commission. Respectfully submitted,.kurt J. Boehm, Esq. Boehm, Kurtz & Lowry 36 East Seventh Street, Suite 1510 Cincinnati, Ohio 45202 PH: 513-421-2255 FAX: 5 13-421 -2764 E-Mail: kboehni@bkllawfirin.com Ma&, 20 18 The Grubb Law Group 11 14 Kanawha Boulevard East Charleston, WV 25301 Ph: 304-345-3356 fax: 304-345-3355 Email: KWhiteakerO,lirubblawaroup.com 34)
STATE OF OHIO, To-wit: Kurt J. Boehm being duly sworn, says that the facts and allegations therein contained in the attached Statement of Application for Pro Hnc Vice Admission of Kurt J. Boehm, Esq. are true, except so far as they are therein stated to be on information, and that, so far as they are therein stated to be on information, he believes them to be true. Kurt J. Boehm, Esq. Subscribed and sworn to before me this3
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON APPALACHIAN POWER COMPANY and WHEELING POWER COMPANY, both dba AMERICAN ELECTRIC POWER Rule 42T Application to increase electric rates and charges VERIFIED APPLICATION FOR ADMISSION PRO HAC VICE OF JODY KYLER COHN AS COUNSEL FOR THE KROGER CO. COMES NOW Jody Kyler Cohn, Esq., an attorney in good standing, licensed to practice law in Ohio and Kentucky, pursuant to Rule 8 of the Rules for Admission to the Practice of Law of the State of West Virginia hereby moves to be admitted pro hac vice for the limited purpose of representing The Kroger Co. in Case No. 18-0646-E-42T, West Virginia Public Service Commission ( the Commission ). In support of this Application, the following is submitted pursuant to Rule 8(b) of Rules for Admission to the Practice of Law of the State of West Virginia: 1. Commission Case No. 18-0646-E-42T is the subject of this Application. 2. Applicant is a member in good standing of the state bars of Ohio and Kentucky. The name, address and telephone numbers of the disciplinary agencies for the courts of these states are listed below: Ohio State Bar Association 1700 Lake Shore Drive P.O. Box 8 Columbus, Ohio 432 16-0008 (614) 487-8585 (800) 232-7124 Fax: (614) 487-8808
Kentucky State Bar Association 5 14 W. Main Street Frankfort KY 40601-1 883 Phone: (502) 564-3795 Fax: (502) 564-3225 3. Kristina Thomas Whiteaker is an active member in good standing of the State Bar of West Virginia has agreed to act as local counsel for Applicant. Her name, address and phone number is listed below: Kristina Thomas Whiteaker (WV Bar No. 9434) The Grubb Law Group 1114 Kanawha Boulevard East Charleston, WV 25301 Ph: 304-345-3356 fax: 304-345-3355 Email: KWhiteaker@mxbblawmoup.com 4. Applicant has participated as counsel for The Kroger Co. in Case No. 14-1152-E-42T before the Public Service Commission of West Virginia. 5. Applicant s law firm has not been involved in a matter before a West Virginia tribunal or other State body in the preceding 24 months. 6. Applicant is a licensed attorney in good standing in Ohio and Kentucky. Applicant has never been suspended, disbarred or resigned as a result of a disciplinary charge, investigation, or proceeding from the practice of law in any jurisdiction, nor are any such disciplinary proceedings pending. 7. Applicant agrees to comply with all laws, rules and regulations of West Virginia state and local governments. 8. Applicant has forwarded a fee of Three Hundred Fifty Dollars ($350.00) to the State Bar of West Virginia along with a copy of this Application.
WHEREFORE, the Applicant, Jody Kyler Cohn, Esq. move for the admission Pro Hac Vice to participate as counsel for The Kroger Co. in Case No. 18-0646-E-42T before the West Virginia Public Service Commission. Respectfully submitted, Boehm, Kurtz & Lowry 36 East Seventh Street, Suite 1510 Cincinnati, Ohio 45202 PH: 513-421-2255 FAX: 513-421-2764 E-Mail: j kvlercohn@bkllawfini.com fifstina Thomas Whiteaker (WV Bar No. 9434) The Grubb Law Group 1 1 14 Kanawha Boulevard East Charleston, WV 25301 Ph: 304-345-3356 fax: 304-345-3355 Email: KWhiteakerO,,grubblaw,group.com
STATE OF OHIO, To-wit: Jody Kyler Cohn being duly sworn, says that the facts and allegations therein contained in the attached Statement of Application for Pro Hac Vice Ad except so far as they are therein stated to be on information, on information, she believes them to be true. Subscribed and sworn to before me this 3 d MY ~mission ExpireS 08-28-2019