c

July 13,2000 , . _ , , - - - - _ _ _ - - - d - J

_. ,

Martin Huelsmann, Executive Director Public Service Commission of Kentucky 2 1 1 Sower Boulevard Frankfort, Kentucky 40602-06 15

Re: Telergy Network Services, Inc. Application for Certificate of Public Convenience and Necessity to Provide Local Exchange and Interexchange Services in Kentucky

Dear Mr. Huelsmann:

Enclosed herein please find an original and ten (10) copies of the above-captioned Application, Motion for Protective Order, Affidavit in support of the Motion, along with attachments.

Please acknowledge receipt of this filing by date-stamping the extra copy of this cover letter and returning it to the undersigned in the self-addressed, stamped envelope provided for this purpose.

If you should require any additional information, you can reach the undersigned at (315) 362-2328.

- --\

f ,,/ Very truly yours, 7 f

Ten Misiaszek ,Q Regulatory Compliance Paralegal Telergy Network Services, Inc.

Cc: Theresa Atkins, Esq.

One Telergy Parkway * East Syracuse. New York I3057 3 15.362.2000 - S77.TELERGY - (3 15.S35.3749) - FILY: 3 15.362.5399

m. telem. net

! .

I . ) - . ~ _ _ Before the L 4 - - - _ _ _ -

KENTUCKY PUBLIC SERVICE COMMISSION

IN THE MATTER OF THE APPLICATION OF ) Telergy Network Services, Inc. 1 Docket No. FOR AUTHORITY TO OPERATE AS A RESELLER & FACILITIES- BASED PROVIDER OF LOCAL ) EXCHANGE AND INTEREXCHANGE ) SERVICE THROUGHOUT KENTUCKY )

MOTION FOR PROTECTIVE ORDER

Telergy Network Services, Inc. (“Applicant” or “Telergy”) hereby files this Motion for Protective Order prohibiting any disclosure to the general public any portion of the documents known as Telergy Network Services, Inc.’s or parent company, Telergy, Inc.’~, Financial Statements andor Auditor’s Reports, labeled “Confidential.” The Applicant requests that the Protective Order specifically state that these documents be disclosed only to Staff members directly involved in this case, and that any pleadings or other filings that incorporate, reference or attach the document or any portion thereof be submitted under Seal.

I For the reasons stated in the attached Affidavit, the Applicant requests the entry of a Protective Order containing the terms and conditions set forth above, relative to its Financial Statements andor the Financial Statements and/or Auditor’s Report of its parent company, Telergy, Inc., and for all other appropriate relief.

Dated: June27 , 2000

Respectfully submitted, r

--/ $,&&/ By: Theresa Atkins, Esq.

Assistant General Counsel Telergy Network Services, Inc. One Telergy Parkway East Syracuse, New York 13057 Telephone: (315) 362-2882 Facsimile: (3 15) 362-2635

.$- ?--T-3= q 7 3 >7 . Before the 1 I - A d C ,:,7

KENTUCKY d 2-7

PUBLIC SERVICE COMMISSION

IN THE MATTER OF THE APPLICATION OF Telergy Network Services, Inc. FOR AUTHORITY TO OPERATE

BASED PROVIDER OF LOCAL EXCHANGE AND INTEREXCHANGE SERVICE THROUGHOUT KENTUCKY

AS A RESELLER & FACILITIES-

) Docket No.

) AFFIDAVIT ) )

Telergy Network Services, Inc. ("Applicant" or "Telergy") declares that its Financial Statements andor Auditor's Report, or that of its parent company, Telergy, Inc., contain information which is required to be submitted to the Commission as part of the Application for Authority to Provide all forms of Telecommunication Service in the State of Kentucky. The Applicant and its parent company, Telergy, Inc., are private, closely-held corporations and, as such, their financial statements are not public, rather "Confidential and Proprietary Information."

Public disclosure of this information would materially damage the Applicant's competitive and financial positions. Further, the public interest would be impaired by public disclosure of the information contained in the Applicant's Financial Statements andor the Financial Statements, Auditor's Report of the Applicant or parent company, in that any compromise of the Applicant's competitive or financial positions, vis-a-vis its competitors, would ultimately work to the detriment of the consuming public.

Theresa Atkins, Esq. Assistant General Counsel

Notary Public, State of NW York

Qualified in Oswego County 'ommission Expires March 9, d&$

No. 01 M16003831

Before the KENTUCkX

PUBLIC SERVICE COMMISSION

IN THE MATTER OF THE 1 APPLICATION OF ) Telergy Network Services, Inc. FOR AUTHORITY TO OPERATE

1 Docket No. )

AS A RESELLER & FACILITIES- ) BASED PROVIDER OF LOCAL ) EXCHANGE AND INTEREXCHANGE ) SERVICE THROUGHOUT KENTUCKY )

Telergy Network Services, Inc. ("Telergy" or "Applicant") hereby submits the following

information in accordance with the provisions of Administrative Case No. 359 and its proposed

tariffs in accordance with 807 KAR 5:Oll.

1.

Services, Inc. Corporation are as follows:

The name, post office address, telephone number and fax transmittal of Telergy Network

Telergy Network Services, Inc. One Telergy Parkway East Syracuse, New York 13057 Telephone: (3 15) 362-2000 Facsimile: (3 15) 362-5399

All correspondence, notices, inquiries and other communications regarding Customer

complaints and Regulatory issues should be addressed to:

Regulatory:

Theresa Atkins, Esq. Assistant General Counsel Telergy Network Services, Inc. One Telergy Parkway East Syracuse, New York 13057 Telephone: (3 15) 362-2882 Facsimile: (3 15) 362-2635

2.

3.

4.

5.

6.

7.

Customer Care Representative:

Christine Borreggine, Director Telergy Customer Care Department 5792 Widewaters Parkway Syracuse, New York 13214 Telephone: 362-2600 or 1-800-889-6716 Fax Number: 1-3 15-445-7988

A copy of Telergy’s Articles of Incorporation and Amendment thereto are attached hereto

as Exhibit A.

A copy of Telergy’s Kentucky Certificate of Authority is attached hereto as Exhibit B.

A notarized statement that Telergy has not provided or collected for intrastate service in

Kentucky prior to the filing of the Applicant’s tariff is attached hereto as Exhibit C.

Telergy does not seek authority to provide operator assisted services to traffic

aggregators as defined in Administrative Case No. 330.

Telergy’s proposed tariffs are attached hereto respectively as Exhibits D (Illustrative Local

Exchange) and E (Illustrative Interexchange).

A sample of Telergy’s billing statement is attached hereto as Exhibit F.

Kentucky Local Exchange and Interexchange Application of Telergy Network Services, Inc.

WHEREFORE, Telergy respectfully requests that the Public Service Commission of the

Commonwealth of Kentucky grant authority to engage as a resale and facilities-based.provider of

local exchange and interexchange telecommunications services to the public in accordance with

applicable Laws currently in effect or hereinafter enacted by the Commission.

Respectfully submitted this I$/ day of June, 2000. J+

Telergy Network Services, Inc.

VERIFICATION

STATE OF NEW YORK 1 COUNTY OF ONONDAGA ) ss.:

William M. Kelly, Jr., being first duly sworn, deposes and says: That he is the Executive

Vice President for Telergy Network Services, Inc, the Applicant in the above proceeding; that he has

read the foregoing application, and knows the contents thereoc and that he is authorized by Telergy

Network Services, Inc. to verify that the contents of the Application are true.

/Executive Vice President Telergy Network Services, Inc.

Subscribed and sworn to before me this i

-Lrday of June, 2000.

My commission expires: ,:/45ho

EXHIBIT TABLE OF CONTENTS

Exhibit A .....................................

Exhibit B .....................................

Exhibit C .....................................

Exhibit D .....................................

Exhibit E .....................................

Exhibit F ......................................

Articles of Incorporation & Amendments thereto

Certificate of Authority

Notarized Statement of William M. Kelly, Jr., Executive Vice President of Telergy Network Services, Inc.

Proposed Illustrative Tariff - Local Exchange

Proposed Illustrative Tariff - Interexchange

Sample Billing Statement of Telergy Network Services, Inc.

Telergy Network Services, Inc.

Exhibit A

Articles of Incorporation and Amendment thereto

”

- a,, obtund.

. .

I

.-

e

3. The Certificae of hcurporzdon is anended a p v a g q h "FIRST" a u h o m by

Setion 801 of he Business Corpor a h ~ Law to change t'le r i m e OF the Corporction to

"TELERGY W O R K SERVICES, INC. "

"FihST: The m e of the corporation is: E L E R G Y NElWORK SERVICE, Ifu'c. "

. .

2 mA975.01

Telergy Network Services, Inc.

Exhibit B

Telergy’s Certificate of Authority to Transact Business in the State of Kentucky

COMMONWEALTH OF KENTUCKY JOHN Y. BROWN 111

SECRETARY O f STATE

1 Pursuant to the provisions of KRS Chapter 2718, 273 or 274, the undersigned hereby applies f&{- b usiness. in Kentucky on behalf of the corporation named below and for that purpose submits the following statements:

1. The corporatlon is

2. The name of the corporation is Teler,gy Network Services, Inc.

3. The name of the corporation to be used in Kentucky is

UM] a business corporation (KRS 2718). 0 a nonprofit corporatlon (KRS 273).

~

0 a professional service corporaticn (KRS 274). ~

(I”r.rnmel.mrmua.fcr~1

4. New York

5. Nav ~ 26. 199 8 is the date of incorporation and the period of duration is Perpetual 6. The street address of the corporation’s principal office is

is the state or country under whose law the corporation is incorporated.

One Telergy Parkwzy, East Syracuse, NY 13057

400 West Market Street, Suite 1800, Louisville, KY 40202

and the name of the registered agent at that oPRce is Xational Registered Agents, Inc.

7. The street address of the corporation’s registered office in Kentucky is

8. The names and usual business addresses of b e corporation‘s current officers and directors are as folloWS:

President Please see attached Addendum Vice President I Secretary

Treasurer

~i~~~~~~ Please see attached Addendum

(Anach 0 anunualran sheeI. d ne-ry)

9. I f a professional service carporation, all the individual shareholders, not less than one half of the dlrectots, and all of the Officers Other than the secretary and treasurer are licensed in one or more states or territories of the United States or District of Columbia to render a professional service described in the statement of purposes of the corporation.

10. A ceftlficate of existence duty authentlcated by the Secretary of State accompanies this application.

11. This application will be effective upon filing, unless a delayed

r y p a m Nm 6 nu

1. National Registered Agents, Inc. , consent to serve as the registered agent an behalf of the carpolation.

Y a m n d R . p Y u o t 4 m x,, @e(mA W ~ m ~ d f 8 @ d e w K

ssc-101 (7198)

Tina Leland, -Assistant Secretary TpaorWmNmmhliM

(See attached sheet for instructions)

TELERGY " W O R K SERVICES, INC.

CORPORAm OFFICERS:

President Brian P. Kelly

Vice President Kevin J. Kelly

Secretary Brian P. Kelly

Treasurer Kevin J. Kelly

DIRECTORS:

Chairperson

Director

Director

Brian P. Kelly

Kevin J. Kelly

William M. Keliy, Jr.

One Telergy Parkway East Syracuse, NY 13057

One Telergy- Parkway East Syracuse, NY 13057

One Telergy Parkway East Syracuse, NY 13057

One Telergy Parkway East Syracuse, NY 13057

One Telergy Parkway East Syracuse, NY 13057

. One Telergy Parkway East Syracuse, NY 13057

One Telergy Parkway East Syracuse, NY 13057

Document No. : DH2000014151 Lodged By: nail Recorded h: 0210312000 09: 12:49 Total Fees: 9.00 Transfer Tax: ,oo County Clerk: Bobbie Holwlaw-JEFF MI KY Deputy Clerk: PENUIH

,

Telergy Network Services, Inc.

Exhibit C

Notarized Statement of William M. Kelly, Jr., Executive Vice President

Relative to Intrastate Service

Sworn before me th is u?)

day of June, 2000.