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HomeMy WebLinkAboutItem 06 - ATMOS RRM Tariff CC ITEM #6 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 11 FROM: BRUNO RUMBELOW, CITY MANAGERbV—_ MEETING DATE: JUNE 4, 2013 SUBJECT- ORDINANCE APPROVING ATMOS RRM TARIFF RECOMMENDATION: City Council consider approval of an ordinance approving the Atmos RRM Tariff that reflects the negotiated Rate Review Mechanism (RRM) process as a temporary replacement forte statutory mechanism no as GRIP (Gas Reliability Infrastructure Program). BACKGROUND The City, along with 154 other cities served by Atmos Energy Corporation, Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"). In 2007, AC SC and At Mid-Tex agreed to implement an annual rate review mechanism for Atmos Mid-Tex, known as the Rate Review Mechanism ("RRM"), as a temporary replacement for the statutory mechanism known as GRIP (the "Gas Reliability Infrastructure Program"). This first RRM tariff expired in 2011, and although ACSC and At s Mid-Tex met many times to attempt to reach an agreement on a renewed or replacement tariff, they were unable to do so. Atmos Mid-Tex it a full rate case in 2012. The resulting rates were approved by the Railroad Commission in December 2012 in G.U.D. No. 10170. ACSC and the Company renewed discussions to develop revisions to the RRM tariff, and have reached a tentative agreement on the for oft RRM tariff to be in effect for a four-year period from 2013 to 2017. If the RRM process is to continue to function as a substitute forte GRIP process, cities that exercise original jurisdiction must adopt a tariff that authorizes the process. For the reasons outlined below, the ACSC Executive Committee and ACSC legal counsel recommend approval of then RRM tariff by all ACSC member cities. The RRM tariff was originally approved by ACSC member cities as part of the settlement agreement resolving the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. The RRM process was created collaboratively by ACSC and Atmos Mid- Tex as an alternative to the leg islatively-authorized GRIP rate adjustment process. GRIP, like the RRM, is a for of expedited rate relief for gas utilities that avoids the long and costly process of a full rate filing. However, ACSC strongly opposes the GRIP process because it constitutes piecemeal ratema kin g, does not allow any review by cities of the reasonableness of capital expenditures, and does not allow participation by May 2 9,2013(2:20 P M) CC ITEM #6 cities in the Railroad Commission's review of the annual GRIP filings, or recovery by cities o f t heir rate case expenses. The Railroad Commission undertakes only an administrative review of GRIP filings (instead of a full hearing) and the rate increases go into effect without any material adjustments. In ACSC's view, the GRIP process unfairly raises customers' rates without any real regulatory oversight. In contrast, the RRM process has allowed fora more comprehensive rate review and annual adjustment as a substitute for GRIP filings. Reasons Justifying Approval of the Nego iated RRM Tariff: Better Deal for Consumers In the opinion of ACC's Executive Committee, the RRM process is a better deal for customers than the GRIP process. Atmos Mid-Tex has stated if it were to file for a rate adjustment in 2013 under the GRIP provisions, it would request approximately $5 million more in rate relief than it plans to request in a filing under this revised RRM tariff. ACSC assumes that is because the GRIP process only evaluates changes to capital investment. The RRM process looks at revenues (that may be increasing) and expenses (that may be declining), as well as capital investment. Less Impact on Residential Fixed Monthly Charges Additionally, the statute authorizing the GRIP rate adjustment process allows the Company to place the entirety of any rate increase in the unavoidable monthly customer charge portion of its rates. If the Company were to file for an increase under the GRIP provisions, the entire amount of the increase would be collected through the fixed portion oft bill, rather than the volumetric charge that varies by a customer's usage. Between 2007 and 1 was able to negotiate rate design results that constrained residential customer charges tote $7.00 to $7.50 range. However, the Railroad Commission has recently raised the residential customer charge to $17.70. The Company has agreed that fort first filing under the revised RRM tariff, there will be no increase to the residential customer charge. Thus, some of the primary benefits of the attached RRM tariff are that it moderates the impact of rate adjustments on residential customers by not changing the residential customer charge for the first RRM period. In subsequent years only 40% of the proposed increase in revenues to the residential class will be recovered through the fixed customer charge, and in no event will the residential customer charge increase by more than $.50 per month. No such constraints exist under the GRIP process. Better Oversight of Company Costs Under the RRM tariff, cities are also able to review the Company's annual expenses and capital investments and make adjustments, or disallowances, for any such expenses or investments that are considered to be unreasonable or unnecessary. The cities' costs in reviewing the annual filings, such as fees associated with the hiring of expert consultants and legal counsel, will be reimbursed by the Company on a monthly basis. If cities do not approve the RRM tariff, the Company has stated that it will reinstitute its May 29,2013(2:20PM) CC ITEM #6 annual filings under the GRIP provisions. The anticipated GRIP adjustment for 2013 would be approximately $5 million higher than the Company anticipates requesting through an RRIVI filing. Additionally, GRIP rate adjustments would place the entire amount of the Company's requested increase into the customer charge. Council Utility Committee, City staff and the ACSC Executive Committee recommend approval. May 29,2013(2:20PM) (.0 U bju 4-4 uj SnL4 64 a LIS 0 C) cis "d O � u v C) ::s 4-, 0 1=4 0 rA 4- $-4 43 C14 86 Q) ;-4 o o 0 0 to Q) t 0 "cl 7:3 C14 0 411, J9 ei W cz 93 U U L4n 0 U > 4-4 0 ay U (D U 4w 4 0 0 'm a4 p p vs Ln 0 4- Uri -4- 'o �04 14z cd 4 q 0 P4 rA Ir4 P, 0 u 0 -.5 u "S ZI km..aC ITEM ORDINANCE ORDINANCE AN F THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ("CITY") APPROVING ADOPTING T E SCHEDULE "RRM — RATE REVIEW MECHANISM" FOR ATMOS TI MID—T MID-TEX DIVISION IN FORCE IN THE CITY A PERIOD F TIME I I IN THE RATE SCHEDULE; ADOPTING A SAVINGS DETERMINING THAT THIS ORDINANCE IN ACCORDANCE WITH THE REQUIREMENTS F THE TEXAS OPEN MEETINGS ACT; DECLARING EFFECTIVE DATE; AND REQUIRING DELIVERY I ORDINANCE TO THE COMPANY AND ACSC LEGAL COUNSEL WHEREAS, the City of r ei e, Texas ("City") is a gas utility customer of Atmos, Energy Corp., Mid-Tex ivision ("At os Mid-Tex" or "the Company"), and a regulatory authority with n interest in the rates and charges o t os Mid-Tex; and the City is a member of the Atmos Cities Steering Committee ("° coalition of cities most of o retain original jurisdiction over the rates and services of tm0s ® id-Te o and in 2007 ACSC member cities and Atmos Mid-Tex collaboratively developed the Rate Review Mechanism (" ") Tariff that llo s for an expedited rate review process controlled by cities as a substitute for the leg islatively-constructed Gas Reliability Infrastructure Program ("GRIP"); and WHEREAS, the GRIP mechanism oes not permit the City to review rate increases, and constitutes piecemeal r in $ and WHEREAS, the RRM process permits City review of requested rte increases and r i s for a holistic review oft the true cost of service r Atmos Mid-Tex; and WHEREAS, the initial RRM tariff it in 114 an 's representatives have worked with t os Mid-Tex to negotiate renewal of the RRM process that avoids litigation and Railroad Commission filings; an the 's Executive Committee and AC SC's legal counsel recommend G members approve the negotiated new ri CC ITEM #6 WHEREAS, the attached Rate Schedule "RRM — Rate Review Mechanism" ("RRM Tariff") provides for a reasonable expedited rate review process that is a substitute for, and is superior to, the statutory GRIP process; and WHEREAS, the expedited rate review process as provided by the RRM Tariff avoids piecemeal ratemaking; and WHEREAS, the RRM tariff reflects the rate making standards and methodologies authorized by the Railroad Commission in the most recent Atmos Mid-Tex rate case, G.U.D. No. 10170; and WHEREAS, the RRM Tariff provides for an annual reduction in Atmos Mid-Tex's requested rate increase of at least $3 million; and WHEREAS, the RRM Tariff provides for a lower customer charge than if Atmos Mid-Tex pursued GRIP filings; and WHEREAS, the attached RRM Tariff as a whole is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the findings set forth in this ordinance are hereby in all things approved. Section 2. That the City Council finds that the RRM Tariff, is is attached hereto and incorporated herein as Attachment "A", is reasonable and in the public interest, and is hereby in force and effect in the City. Section 3. That t o t he extent any resolution or ordinance previously adopted by the it Council is inconsistent with this ordinance, it is her repealed. Section 4. That the meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. That if any one or more sections or clauses of this ordinance is judged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance and the remaining provisions of the ordinance shall be interpreted as if the offending section or clause never existsd. Section 6. That this ordinance shall become effective from and after its passage. Section 7. That a copy o f t his ordinance shall be sent to Atmos Mid-Tex, care of Christopher Felan, Vice President of Rates and Regulatory Affairs for Atmos Mid-Tex ORD. NO. 2 CC ITEM Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240, and to rey Gay, General Counsel to ACSC, at Lloyd Gosselink och II Townsend, 16 Congress e, Suite 1900, Austin, Texas 7870 1. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY GRAPEVINE, TEXAS on this the 4th day of June, 2013. ATTEST APPROVED AS TO FORM: ATMOS ENERGY CORPORATION MUD-TEX DIVISION RATE SCHEDULE: RRM—Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THECOITY OF DA�LLASI CUSTOMERS Bills Rendered on and after October 15, 2013 I PAGE 1 OF 6 I. Applicability Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in the Mid-Tex Division of Atmos Energy Corporation ("Company") except such customers within the City of Dallas. This Rate Review Mechanism ("RRM") provides for an annual adjustment to the Company's Rate Schedules R, C, I and T ("Applicable Rate Schedules"). Rate calculations and adjustments required by this tariff shall be determined on a System-Wide cost basis. 11. Definitions "Test Period" is defined as the twelve months ending December 31 of each preceding calendar year. The "Effective Date" is the to that adjustments required by this tariff are applied to customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is October 15, 2013. Unless otherwise noted in this tariff, the term "Final Order" refers the final order issued by the Railroad Commission of Texas in GLID 10170. The term "System-Wide" means all incorporated and unincorporated areas served by the Company. "Review Period" is defined as the period from the Filing Date until the Effective Date. The "Filing Date" is as early as practicable but no later than March 1 of each year with the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual Effective Date is June 1, 2017, Ill. Calculation The RRM shall calculate an annual, System-Wide cost of service ("COS") that will be used to adjust applicable rate schedules prospectively as of the Effective Date, The annual cost of service will be calculated according to the following formula: COS = OM + DEP + RI + TAX + CD - ADJ Where- OM all reasonable and necessary operation and maintenance expenses from the Test Period adjusted for known and measurable items and prepared ATMOS ENERGY CORPORATION MID-TEX DIVIS!ON Attkfinli-i~6 7 F-RATESCHEDULE: RRM-Rate Review Mechanism rAPPLICABLE TO- ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF 6KL-LAS CUSTOMERS ,rEFFECTIVE DAT Bills Rendered on and after October 16, 2013 PAGE 2 OF 6 consistent with the rate making treatments approved in the Final Order. Known and measurable adjustments shall be limited to those changes that have occurred prior to the Filing Date. OM may be adjusted for atypical and non-recurring items. Shared Services allocation factors shall be recalculated each year based on the latest component factors used during the Test Period, but the methodology used will be that approved in the Final Order. DEP = depreciation expense calculated at depreciation rates approved by the Final Order. Rl = return on investment calculated as the Company's pretax return multiplied by rate base at Test Period end. Rate base is prepared consistent with the rate making treatments approved in the Final Order, except that no post Test Period adjustments will be permitted. Pretax return is the Company's weighted average cost of capital before income taxes. The Company's weighted average cost of capital is calculated using the methodology from the Final Order including the Company's actual capital structure and long term cost of debt as of the Test Period end (adjusted for any known and measurable changes) and the return on equity from the Final Order. However, in no event will the percentage of equity exceed 55%. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash working capital will be calculated using the leadflag days approved in the Final Order. With respect to pension and other postern ployment benefits, the Company will record a regulatory asset or liability for these costs until the amounts are included in the next annual rate adjustment implemented under this tariff. Each year, the Company's filing under this Rider RRM will clearly state the level of pension and other postemployment benefits recovered in rates. TAX = income tax and taxes other than income tax from the Test Period adjusted for known and measurable changes occurring after the Test Period and before the Filing Date, and prepared consistent with the rate making treatments approved in the Final Order. CD = interest on customer deposits. ADJ = Downward adjustment to the overall, System-Wide test year cost of service in the amount of $3,000,000.00, adjusted by a percentage equal to the total percentage increase in base-rate revenue sought pursuant to this tariff. IV, Annual Rate Adjustment ATMOS ENERGY CORPORATION MID-TEX DIVISION Attfifiv WFAM06 RATE SCHEDULE: RRM—Rate Review Mechanism APPLICABLET a ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF Ek—LLAS CUSTOMERS I EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 3 OF 6 ..................................... The Company shall provide schedules and work papers supporting the Filing's revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order. The result shall be reflected in the proposed new rates to be established for the effective period. The Revenue Requirement will be apportioned to customer classes in the same manner that Company's Revenue Requirement was apportioned in the Final Order. For the Residential Class, 40% of the increase may be recovered in the customer charge. The increase to the Residential customer charge shall not exceed $0.50 per month in any given year. The remainder of the Residential Class increase not collected in the customer charge will be recovered in the usage charge. The Company will forgo any change in the Residential customer charge with the first proposed rate adjustment pursuant to this tariff. For all other classes, the change in rates will be apportioned between the customer charge and the usage charge, consistent with the Final Order, Test Period billing determinants shall be adjusted and normalized according to the methodology utilized in the Final Order. V. Filing The Company shall file schedules annually with the regulatory authority having original jurisdiction over the Company's rates on or before the Filing Date that support the proposed rate adjustments. The schedules shall be in the same general format as the cost of service model and relied-upon files upon which the Final Order was based. A proof of rates and a copy of current and proposed tariffs shall also be included with the filing. The filing shall be made in electronic form where practical. The Company's filing shall conform to Minimum Filing Requirements (to be agreed upon by the parties), which will contain a minimum amount of information that will assist the regulatory authority in its review and analysis of the filing. The Company and regulatory authority will endeavor to hold a technical conference regarding the filing within ten (10) calendar days after the Filing Date. The 2013 Filing Date will be July 15, 2013. A sworn statement shall be filed by an Officer of the Company affirming that the filed schedules are in compliance with the provisions of this Rate Review Mechanism and are true and correct to the best of his/her knowledge, information, and belief. No testimony shall be filed, but a brief narrative explanation shall be provided of any changes to corporate structure, accounting methodologies, allocation of common costs, or atypical or non- recurring items included in the filing. I® Evaluation Procedures The regulatory authority having original jurisdiction over the Company's rates shall review and render a decision on the Company's proposed rate adjustment prior to the ATMOS ENERGY CORPORATION! MID-TEX DIVISION Att"AWAAWO' RATE SCHEDULE: RRM—Rate Review Mechanism APPLICABLE TO. ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF—DALLAS CUSTOMERS 40F6 Eff ective Date. The Company shall provide all supplemental information requested to ensure an opportunity for adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within seven (7) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the proposed rate adjustment into compliance with the provisions of this tariff. The regulatory authority may disallow any net plant investment that is not shown to be prudently incurred. Approval by the regulatory authority of net plant investment pursuant to the provisions of this tariff shall constitute a finding that such net plant investment was prudently incurred. Such finding of prudence shall not be subject to further review in a subsequent RRIVI or Statement of Intent filing. During the Review Period, the Company and the regulatory authority will work collaboratively and seek agreement on the level of rate adjustments. If, at the end of the Review Period, the Company and the regulatory authority have not reached agreement, the regulatory authority shall take action to modify or deny the proposed rate adjustments. The any shall have the right to appeal the regulatory authority's action to the Railroad Commission of Texas. Upon the filing of an appeal of the regulatory authority's order relating to an annual RRM filing with the Railroad Commission of Texas, the regulatory authority having original jurisdiction over the Company's rates shall not oppose the implementation of the Company's proposed rates subject to refund, nor will the regulatory authority advocate for the imposition of a third party surety bond by the Company. Any refund shall be limited to and determined based on the resolution of the disputed adjustment(s) in a final, non-appealable order issued in the appeal filed by the Company at the Railroad Commission of Texas. In the event that the regulatory authority and Company agree to a rate adjustment(s) that is different from the adjustment(s) requested in the Company's filing, the Company shall file compliance tariffs consistent with the agreement. No action on the part of the regulatory authority shall be required to allow the rate adjustment(s) to become effective on June 1. To the extent that the regulatory authority does not take action on the Company's RRM filing by May 31, the rates proposed in the Company's filing shall be deemed approved effective June 1. (2013 filing RRM rate will be effective October 15, 2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory authority may choose to take affirmative action to approve a rate adjustment under this tariff. In those instances where such approval cannot reasonably occur by May 31, the rates finally approved by the regulatory authority shall be deemed effective as of June 1. To defray the cost, if any, of regulatory authorities conducting a review of the Company's annual RRM filing, the Company shall reimburse the regulatory authorities on a monthly basis for their reasonable expenses incurred upon submission of invoices ATMOS ENERGY CORPORATION I ® DIVISION AttiQW-iFd1YA*6 RATE SCHEDULE: RRM - Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS Bills Rendered on and after October 15, 2013 PAGE 5 OF 8 for such review. Any reimbursement contemplated hereunder shall be deemed a reasonable and necessary operating expense of the Company in the year in which the reimbursement is made. A regulatory authority seeking reimbursement under this provision shall submit its request for reimbursement to the Company no later than August 1 of the year in is the RRM filing is made and the Company shall reimburse regulatory authorities in accordance with this provision on or before August 30 of the year the RRM filing is made. To the extent possible, the provisions of the Final Order shall be applied by the regulatory authority in determining whether to approve or disapprove of Company's proposed rate adjustment. This Rider RRM does not limit the legal rights and duties of a regulatory authority. Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate proceeding at any time to review whether rates charged are just and reasonable. Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code, 'Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider RRM are implemented in harmony with the as Utility Regulatory Act (Texas Utilities Code, Chapters 101-105). The annual rate adjustment process set forth in this tariff shall remain in effect during the pendency of any Statement of Intent rate filing. VII. Reconsideration, Appeal and Unresolved Items Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102,001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007). V111. Notice Notice of each annual RRM filing shall be provided by including the notice, in conspicuous form, in the bill of each directly affected customer no later than forty-five (45) days after the Company makes its annual filing pursuant to this tariff. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer-, ATMOS ENERGY CORPORATION MID-TEX DIVISION tt SCHEDULE.- RRM-Rate Review Mechanism LA P:P:L I:C A:B L A(ET 0 ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DAI-LAS CUSTOMERS EFFECTIVE DATE: i I Bills Rendered on and after October 15, 2013 PAGE 6 OF 6 c) the service area or areas in which the proposed rates would apply; d) the date the annual RRM filing was made with the regulatory authority; and e) the Company's address, telephone number and website where information concerning the proposed rate adjustment be obtained.