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(Whitesburg) Mountain Eagle - 2.19.26 · Eastern Kentucky Newspapers

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Speaker 1: Now we turn to the Mountain Eagle to read news
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from Weissberg. Your reader today is Bill den Arsdale. We
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will begin with the addition dated February eighteenth, twenty twenty six,
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which the publishers have donated to RADIOI as reminder. RADIOI
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is a reading service intended for people who are blind
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or have other disabilities that make it difficult to read
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printed material. The first headline is the caption of a
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photograph pulling pork building a dream. Philip Howard, known as
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Big Phil to his fellow miners, and his wife Shanna
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Fox of Neon opened the Valley Country Store on Monday.
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Howard is originally from Eolia. Fox is from Martin County.
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Their new business is located on US one nineteen on
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the Eolia side of Pine Mountain, in the county owned
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building that previously housed the General's Store at Pine Mountain Crossing.
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In addition to a strong emphasis on barbecue, the Valley
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Country Store will offer household essentials and freshly prepared foods.
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The couple is also considering adding Cajun and Creole dishes
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to the menu. The store currently serves burghers, hot dogs,
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deli sandwiches, and sweet treats. In the accompanying photograph, Howard,
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dressed as he often is when coming from his work
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in the coal mines, prepares a pulled pork sandwich from
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a freshly smoked pork shoulder looking ahead. Howard and Fox
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hope to grow the business to the point that Howard
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can transition from coal mining to running the store full time.
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Their long term plans include developing the location into a
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base for mobile smokers that can travel to festivals. The
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next headline is Attorney Stein's will take the Fifth if
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he must testify. An attorney for former Electric County Sheriff
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Mickey Steins has filed a motion to intervene in a
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lawsuit against the Sheriff's department and former court security officer
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Ben Fields, asking a judge to prevent Steins from being
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transported to London to testify. The motion says that if
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the state is required to transport him to the civil trial,
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Stein's will invoke his Fifth Amendment right not to give
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testimony that could incriminate him. The facts of the litigation
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currently before the court are inextricably intertwined with the facts
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of the criminal case. Attorney Jeremy Bartley wrote in the
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motion compelling mister Stein's transportation and presence at trial. Merely
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to invoke the privilege multiple times in front of the
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jury creates undue prejudice to the original parties and invites
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impermissible inferences. The motion was filed in the federal civil
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suit brought by Sabrina Atkins against the Sheriff's Department, Fields
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and East Kentucky Correction Services, Incorporated. Stein's was removed from
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the case after he resigned from office following his arrest
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in the slaying of District Judge Kevin R. Mullens. East
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Kentucky Corrections has since settled with Atkins. Bartley's motion says
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Stein's has already given a deposition in the lawsuit, and
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that the deposition should be used in place of live testimony,
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avoiding security risks or delays. The motion suggests that if
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the court does grant a writ to bring Steins to court,
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he be provided topics in advance, that the Court prohibit
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questioning design to elicit privileged testimony, that no adverse inference
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be allowed from his invocation of the Fifth Amendment, and
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that he be permitted to appear remotely by video to
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avoid transportation. The motion was filed in response to a
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request by Atkins to have the state transport Stein's mo
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Leslie County jail to the Federal Courthouse in London for
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the civil trial. It is one of several motions filed
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in the past week. The Letcher County Sheriff's Office and
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Fields have both filed motions joining Stein's request. They argue
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that forcing him to appear would serve no purpose because
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other department employees already listed as witnesses by the plaintiff
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can answer any necessary questions. Fields's attorney wrote that extensive
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worldwide news coverage of the killing of Judge Mullens makes
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it likely jurors would recognize Stein's His appearance in court,
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combined with repeated invocation of the Fifth Amendment, would only
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serve to deeply prejudice the jury and to focus their
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thoughts away from the evidence and the law. The Sheriff's
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Department's response says the circumstances do not warrant such extraordinary relief.
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It argues that much of the testimony sought by plaintiffs
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attorney Joe Childers is already in written form, was covered
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during Stein's deposition, or can be provided by other department personnel.
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The transportation of an incarcerated individual who may or may
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not be competent, who is facing capital murder charges, likely
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to assert Fifth Amendment privileges, and whose criminal proceedings have
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garnered national media attention presents significant security issues and requires
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substantial resources. However, Childers argues that a written deposition is
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not a substitute for live testimony and called the suggestion
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that Stein's would invoke his Fifth Amendment rights ludicrous. It
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is entirely unreasonable that stein should get away with refusing
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on Fifth Amendment grounds to answer questions he has previously
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answered under oath. Childers wrote Children's filings, says Stein's is
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expected to testify about seventeen matters, most or all of
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which were addressed in his deposition. The list includes testimony
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to authenticate sexually crude messages he shared with his deputies
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as a policymaker. The response argues Stein's testimony is uniquely
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material and necessary, particularly because of the lawsuit's claim of
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municipal liability. The filing also says a video appearance would
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be acceptable if it allows for a live, two way
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remote testimony, preserving confrontation like functionality for cross examination and
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authentication of exhibits. The next story is Kentucky Power to
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PSC approved deal or it's off. Utility defends its record
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in Eastern Kentucky issues a warning to PSC. In a
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new sharply worded reply brief, Kentucky Power Company defends its
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record in Eastern Kentucky, highlights its charitable giving and EA
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economic development efforts, and warns the Kentucky Public Service Commission
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PSC that altering a proposed rate settlement could cause the
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agreement to unravel. The filing, submitted to the PSC on
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the night of February tenth, responds to arguments by the
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Office of Attorney General Russell Coleman and several intervener groups
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seeking to halt or reduce the company's requested rate increase.
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Throughout the twenty one page brief, Kentucky Power portrays itself
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as both a utility seeking lawful cost recovery and a
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community partner working to support impoverished counties in its service territory.
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Kentucky Power argues that it recognizes Eastern Kentucky faces unique
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economic challenges and says it has taken steps beyond its
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core obligation to provide electricity. The company cites a one
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million dollar charitable donation through the Kentucky Power Foundation for
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weatherization assistance, more than two hundred seventy thousand dollars in
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housing assistance in twenty twenty five, donations for flood relief
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and local food banks, volunteer work by employees in food pantries,
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and community listening sessions with stakeholders. The company emphasizes that
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those charitable contributions are funded by shareholders, not ratepayers. Kentucky
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Power cannot solve the systemic issues plaguing Eastern Kentucky on
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its own, the brief states, adding that the company does
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all it can to help because a stronger service territory
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benefits everyone. At the heart of the brief is Kentucky
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Power's rejection of Attorney General Coleman's argument that regulators could
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deny any rate increase at all. The company calls that
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position completely unreasonable, claiming that even the Attorney General's own
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expert witnesses have recommended a substantial annual increase. Kentucky Power
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argues that without some increase, it would be forced to
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scale back spending on operations, tree cutting and trimming, and
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reliability programs, and could jeopardize future investments such as advanced
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metering or in state generation projects. The company says it
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must be allowed to recover prudently incurred costs and earn
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a reasonable return to attract capital and maintain service a
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clear warning. The brief also addresses the possibility of changes
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to the settlement. When Kentucky Power first filed its rate case,
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it proposed an overall increase that would have raised residential
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bills by about fourteen point nine percent before taxes and
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various rioters are included. For a typical household using around
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one thousand, two hundred ten kilowatt hours per month, that
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would have meant roughly twenty six more dollars per month.
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Under the negotiated settlement now before the Public Service Commission,
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that increase would be smaller for at least in the
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first two years. According to Kentucky Power, the first year
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revenue increase would be about fifty two point four million
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dollars after credits, rather than the higher amount originally requested.
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That translates to about an eight point two percent increase
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for a typical residential customer, roughly seventeen dollars and fifty
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cents more per month instead of twenty six dollars. The
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reduction comes in part from deferred tax liability or DTL credits,
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which temporarily offset a portion of the increase. Those DTL
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credits are designed to reduce bills during the first two
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years after new rates take effect. However, the credits are temporary.
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Once they expire, bills would move closer to the full
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underlying rate level unless changed in a future case. Kentucky
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Power argues that the settlement already cuts deeply into its
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original request and that further reductions would jeopardize its financial
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balance and potentially cause it to withdraw from the agreement.
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Kentucky Power argues the DTL credits and the revenue requirement
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are interdependent and were carefully constructed to protect credit metrics
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and financial ratios. Any material modification, the company says, will
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likely result in Kentucky Power having to withdraw from that agreement.
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Lower revenue or larger credits, it argues, would reduce cash flow,
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affect funds from operations to debt ratios, potentially increase borrowing costs,
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and ultimately raise the cost of service to customers. The
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company also pushes back against proposals to eliminate demand side
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management programs arguing they save customers money and costs the
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average residential customer less than one dollar per month. Guide
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Management DSM programs are efforts by Kentucky Power to help
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customers use less electricity or use it more efficiently. Instead
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of building more power plants, DSM focuses on reducing customer
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demand through weatherization and insulation assistance, energy efficiency, rebates, home
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energy audits, and programs targeted to low income households. Supporters
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say DSM lowers long term system costs and helps reduce
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high winter bills. Critics argue it add costs now and
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may not benefit every customer equally. The programs are reviewed
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and approved by the PSC. The brief repeatedly characterizes intervener's
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arguments as late, unsupported, or outside the scope of the case.
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Beyond the legal arguments, The tone of the filing is
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somewhat unusual. Kentucky Power frames itself as an entity actively
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trying to stabilize an economically distressed region, while arguing it
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cannot be expected to shoulder those burdens without adequate rates.
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It calls for partners and not adversaries, in addressing Eastern
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Kentucky's systemic challenges. The next headline is interveners to PSC
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settlement doesn't fix region's death spiral. A coalition of consumer
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and community groups is calling on the Kentucky Public Service
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Commission PSC to look beyond the proposed settlement within Kentucky
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Power Company's rate case, asserting the agreement falls short of
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the legal minimum, lowest reasonable rate and it does nothing
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to respond to the region's affordability crisis. In a February
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tenth reply brief, the joint interveners Appalachian Citizens Law Center
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of Whitesburg, Kentuckians for the Commonwealth of London, Kentucky, the
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Solar Energy Society of Louisville, and Mountain Association of Berea
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define Kentucky Power's service territory as confined to a financial
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death spiral, one where higher prices compound population decline and
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shrinking customer bases, which increases rates. In turn, the groups
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claim the settlement may lower the company's original request, but
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drives a higher one that hits struggling households and the victims.
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A central dispute in the brief is the legal standard
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the PSC should follow. Kentucky Power believes that the settlement
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represents a balanced compromise The interveners argue that balanced is
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not the same thing as lawful, and they refer to
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Kentucky Supreme Court language indicating that under the zone of reasonableness,
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regulators might allow lowering rates which are not the lowest
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reasonable rate, even if the utility would be allowed to
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operate while doing the rate. They emphasize that the burden
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of proof falls on Kentucky Power to demonstrate that its rates,
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including those it requested in the settlement, meet that standard.
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The filing's most pointed argument is that Kentucky Powers mitigation
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measures do not really fix affordability problems, they shift costs
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in time. The interveners list several things amounting to deferrals
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that could raise future bills, including parts of the proposed
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Deferred Tax Liability DTL rider, and potential associated financing costs,
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such as enabling customers to receive temporary credits now but
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later to be reimbursable at higher rates or financing fees.
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Deferred storm cost treatment enabling the corporation to recover storm
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repair costs over time rather than all at once, which
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might add to bills during future years. Deferred expenses relating
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to to vegetation management trees outside right of way, reducing
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certain tree trimming spending now versus potentially returning them to
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customers later. Deferred costs tied to the Mitchell power plant
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in West Virginia, and other accounting treatments, spreading out power
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plant related costs instead of fully accounting for them then,
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which could mean having more in long term charges. Deferral
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of costs to establish a proposed pre payment program, postponing
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recovery of program set up costs which would later be
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incorporated into rates. Deferral of losses associated with gas purchases,
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delaying recovery of fuel expenses so that people may eventually
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see such costs reflected in future bills instead of present ones.
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To show them as the cumulative effect, the interveners liken
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the case to a Tetris game to see how ill
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fitting pieces stack quickly and quickly before they are gained over.
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In their view, the settlement could soften bills now, but
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at the cost of a bigger responsibility down the road.
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The interveners contend that the biggest cause of hardship in
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eastern Kentucky isn't just the rate per kill abot hour,
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but is a combination of high rates and high usage,
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particularly in winter in poorly insulated homes. They cite a
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prior PSC order instructing Kentucky Power to tackle high winter
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use with cost effective measures to reduce demand, rather than
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mask that winter demand with arbitrary rate reductions. Kentucky Power
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has said it will look into high usage patterns. Interveners
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say they want the PSC to impose enforceable obligations, requiring
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evaluation of real alternatives and reporting back to regulators. Kentucky
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Power believes the Deferred Tax Liability DTL rider is a
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customer benefit contingent upon the settlement being approved without modification.
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The interveners can test those claims. Those DTL credits have
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been intended to reduce bills for the first two years
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after new rates come into effect, and that's the process,
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but the credits are temporary. Once they expire, bills would
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move closer to the full underlying rate level unless modified.
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In the next case in the next story, cities water
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problems are complex. The boil water advisory has been lifted
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in Whitesburg three weeks after changing weather began cracking open
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water lines and pushed the water treatment plant to the
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breaking point. The leaks were exacerbating a problem caused when
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a landslide last year took out a one hundred and
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seventy five thousand gallon storage tank on Tunnel Hill. That tank,
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which was in danger of collapse, had to be torn down.
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The city had already stopped using a three hundre drede
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thousand gallon tank on hail Drive that was built in
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the nineteen seventies, said Administrative Assistant Chris Caudle, who is
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in charge of the city utilities. The city was already
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seeking grants to replace the hail drive tank when the
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Tunnel Hill tank failed. Caudle said the loss of the
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tanks didn't cause the problems, but it sure didn't help.
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We're losing two hundred thirty five gallons of water a
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minute every time we run the plant, Caudle said. Last week,
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we run the plant around the clock non stop while
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workers are chasing weeks. The city has the Kentucky River
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Area Development District pushing grant applications through the state and
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federal systems, searching for money for a line replacement and
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a new tank. Chris Back, a grant writer for k
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r a d D, said, one application for one point
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nine million dollars is under review and another is being revised.
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The problem that we're having this week, I thought if
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we had that tank, that would alleviate a lot of that.
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Mayor Tiffanycraft said, I thought, since they the grant funding
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agencies are seeing that we're having so many issues, that
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that would push that right along. Meanwhile, water service is intermittent,
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with low pressure and brown water in some places in
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downtown and perfectly clear water with normal pressure in others.
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Cardles of the biggest problems are in the older section
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of the water system. The city is also looking for
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money to replace those lines. Its application for money to
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replace water lines in downtown is under review by the
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Department for Local Government. The next story is grand jury
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names four in indictments. Four people are named in felony
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indictments handed up in Letter Circuit Court before Judge James W.
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Craft the second. They are Ca C. S Irvin, forty
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five one seven one five eight Highway sixty nine, North, Northport, Alabama,
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who is charged with first degree sexual abuse victim under
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twelve years of age, first degree rape and incest involving
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a person under twelve years of age. Irvin, who lives
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in the Tuscaloosa area of Alabama. Last had a court
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appearance here in December twenty twenty five, when he was
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ordered by Lecturer District Judge Nick Whittaker to pay one thousand,
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fifty seven dollars and sixty one cents per month in
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child support. Kentucky State Police Detective Tyler Smith testified before
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the grand jury in the current felony case Ethan Robert Kaiser,
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thirty five nine fifty six Highway three four oh eight Blackie,
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who is charged with first degree possession of a control
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substance first defense methem fetomine, third degree possession of a
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control substance drug unspecified, and possession of a prescription control
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substance not in its proper container first offense. Court documents
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show that Kaiser was arrested at Jeremiah on January twenty third,
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after a woman complained to Kentucky State Police that he
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was on her property despite being told he was not
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allowed there. Kentucky State Police Trooper Jarrett Fields, who testified
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before the grand jury prior to the indictment being returned,
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said he arrived at the Jeremiah property knowing that Kaiser
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was wanted on two active arrest warrants charging him with
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probation violations. After Kaiser was placed under arrest, a search
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of his pockets turned up a blue pill bottle with
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a label torn off. Inside the bottle was a packet
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containing what is suspected to be methamphetamine and numerous tablets
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of GABA penton, which is used to control nerve pain
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and is sold under the brand name Neurontin Vanessa Adams
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sixty nine fifty Blue Jay Hill Jeremiah, who is charged
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with first degree trafficking in a control of substance, first
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defense drug unspecified. Kentucky State Police Detective Gary Sykes testified
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in the case. And Michael Fleming thirty six two twenty
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one Cargo Lane Jenkins, who is charged with theft by
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unlawful taking or disposition OTTO valued at more than one
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thousand dollars and less than ten thousand dollars for allegedly
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taking control of a twenty twenty five Kawasaki motorcycle belonging
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to Susan Johnson. Kentucky State Police Trooper Bruce Kelly testified
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in the case. The next story is man is sentenced
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A Millstone man has entered a guilty plea to charges
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against him. In Leeder Circuit Court Todd Stephen Brooks fifty
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five thirty nine Mallard Drive. Millstone pleaded guilty to operating
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a motor vehicle under the influence of alcohol and first
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degree wanton endangerment. Works was sentenced to three years in prison,
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probated for three years and In the next headline, House
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budget proposal would cost counties to school districts. Leccher County's
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two public school districts would lose a significant portion of
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their transportation funding under the state education budget proposed by
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the Kentucky House of Representatives. An analysis by the Kentucky
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Center for Economic Policy estimates that changes to the state's
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primary school funding formula would reduce funding to Jenkins Independent
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School District by eighty seven nine hundred and sixty nine
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dollars by twenty twenty eight, about a seven percent cut,
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and decrease funding to Letcher County Public schools by nine
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hundred ninety one thousand, two hundred thirty dollars, or about
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nine percent. The funding in question comes through SEEK Support
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Education Excellence in Kentucky, the state's main formula for financing
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K through twelve public education, established in nineteen ninety. SEEK
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was designed to insure equitable funding among school districts. The
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formula calculates funding based on student attendance, special needs and
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at risk populations, and transportation costs, while also accounting for
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local property wealth. As introduced, House Bill five hundred would
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freeze the seek base guarantee the minimum per student funding amount,
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and reduce state support for student transportation. Analysts estimate the
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combined changes would reduce state payments to local school districts
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by more than one hundred million dollars by twenty twenty eight.
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The proposal would suspend a state law requiring Kentucky to
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fund one hundred percent of the cost of school transportation,
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a provision that has been suspended in every budget since
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two thousand four. The House plan funds seventy four percent
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of transportation costs, about four forty million dollars less per
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year than the current budget and one hundred and twenty
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nine million dollars less annually than full funding under the
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law would require. The Sikh formula splits funding responsibility between
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the state and local school districts because it factors in
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property values. Districts with higher property wealth are expected to
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contribute more local revenue, while poorer districts receive a larger
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share of state funding. The proposed reductions come as school
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districts statewide face budget pressures from the expiration of federal
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COVID nineteen relief funds. The House budget remains under consideration
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as the General Assembly continues work on the state's biennial
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spending plan. And this concludes the reading of the Mountain Eagle.
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Your reader has been built in Arsenale. Now please stay
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tuned for continued programming on behalf of everyone here at radio.
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I thank you for listening, and I have a good deal. Hey,