EKPC asks court to keep Big Hill Line documents confidential

In an eminent domain case, the Eastern Kentucky Power Cooperative has asked a Madison County circuit court judge to prevent documents relevant to a transmission line being built through the southern end of the County, from becoming part of the public record, The Edge can report.

The utility sued Berea College earlier this year, asking a judge to grant access to just under a mile of the College's forest in order to build eight and a half miles of a 69 kilovolt transmission line. EKPC claims the new line is essential to maintain reliable electric service to residential members of the co-op living in the Big Hill and Red Lick areas of the County.

In response, the College demanded the utility justify its claims, and answer whether the any alternatives to the transmission line and been exposed. EKPC responded in turn with a draft of a proposed order to protect whatever came out of discovery, so that the information might be reviewed by the College, but not the public. The College refused.

A College representative told The Edge the College is filing an objection to the latest legal maneuver by the utility. The judge presiding over the case is the Hon. Kristin Clouse.

In its motion to keep documents hidden from the public, EKPC claimed that the College's request for information about the location of the line's substations, electric lines, and other infrastructure, as well as the number of co-op members served by this infrastructure would expose the utility to risk, as defined by state statute.

"This is particularly the case, in that EKPC is aware of various public statements threatening to harm its facilities and the equipment involved in this project," the utility claimed in its court filing, noting that its request, "also supports keeping the identity of personnel and third parties from the public record."

Utility experts in the Commonwealth who spoke with The Edge on background said that the request for confidentiality by the utility is not unheard of, but that as demand is increasing statewide for large load customers such as data centers, Kentuckians have become more sensitive to information being kept hidden from public view.

One expert referred to a situation in Maysville, Mason County, where elected public officials have signed nondisclosure agreements with representatives of a large load customer that locals can only speculate is a data center. The expert said the confidentiality factor is what has upset locals the most.

EKPC has maintained from the beginning since when it first announced the line's development in Fall 2023, that the Big Hill Line is solely to serve residential members of the co-op.

Opponents of the line, however, including the College, have argued that the utility has not clearly justified their actions, and has repeatedly dodged questions about the necessity of the line in a region that has not experienced relatability issues.

Timeline of court filings in EKPC v. Berea College

June 9, 2025: EKPC filed a complaint in Madison County Circuit Court against Berea College, naming its president, Cheryl Nixon, PhD, as the defendant. The complaint details which portion of the Forest it seeks to have condemned for use in building a 69 kV transmission line.

August 15, 2025: The College responds with a motion for discovery, demanding answers as to the necessity of the line, and whether the utility explored any alternatives, among other demands. EKPC was given until Sept. 15, 2025, to respond to the discovery motion.

August 20, 2025: EKPC provided the College with a draft of a protective order that would prevent information requested in discovery, from becoming a part of the public record.

September 12, 2025: The College informed EKPC that it could not agree to the proposed protective order and could not offer any suggested revisions.

September 15, 2025: The College is filing an official objection to the proposed protective order, in the Madison County Circuit Court.

-Whitney McKnight