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HomeMy WebLinkAboutItem 15 - ATMOS Settlement ����'� �' --/�_._us_�.._...:,� MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL �L FROM: BRUNO RUMBELOW, CITY MANAGER � MEETING DATE: SEPTEMBER 9, 2008 SUBJECT: ATMOS RATE REVIEW MECHANISM SETTLEMENT RECOMMENDATION: City Council consider an ordinance approving a settlement with Atmos Energy on the Rate Review Mechanism. BACKGROUND The City, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On April 14, 2008, Atmos filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City earlier this year. The Company's April RRM filing seeks a $33.5 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos to support its request to increase rates. The Ordinance and attached tariff approving rates that will increase the Company's revenues by $20 million effective October 1, 2008, are the result of negotiation between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The monthly bill impact for the average residential customer is $0.81. The ACSC Executive Committee recommends that al! ACSC cities adopt the ordinance impleme��ting the rate change. RRM Backqround (Rate Review Mechanism): The RRM tariff was approved by cities as part of the settlement agreement to resolve Atmos' 2007 rate increase case. Atmos' rate request represents the first filing pursuant to the three-year trial project known as the RRM process. The RRM process was created collaboratively by the Steering Committee and Atmos as an alternative to the GRIP (Gas Reliability Infrastructure Program) surcharge process. The RRM process allows for a more comprehensive rate review and annual adjustment that will function as a substitute for future GRIP filings during the three-year trial period specified by the tariff. There are finro components to the RRM adjustment. The prospective component adjusts rates for known and measurable changes in Operating and Maintenace and net plant investment. Atmos and ACSC agreed to cap changes to expenses and invested capital at no more than five percent. The true up component evaluates whether the Company has over or underrecovered its earnings for the previous year. For purposes of the RRM true up component, Atmos' rate of return on equity and its capital structure are frozen to September 10, 2008 (1:27PM) avoid the parent company from manipulating the overall rate of return. Costs expressly prohibited from recovery through the RRM include first class air-fare, travel, meals or `"" entertainment for employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. Purpose of the Ordinance: The purpose of the Ordinance is to approve rate tariffs (Attachment A) that reflect the negotiated rate change pursuant to the RRM process. The Ordinance also approves the Company's proof of revenues (Attachment B), a required part of the RRM filing. As a result of the negotiations, ACSC was able to reduce the Company's requested $33.5 million RRM increase by more than 35 percent. Approval of the Ordinance will result in rates that implement a $20 million increase in Atmos' revenues effective October 1, 2008. Reasons Justifvinq Approval of the Neqotiated Resolution: During the time that the City has retained original jurisdiction in this case, consultants working on behalf of ACSC cities have investigated the support for the Company's requested rate increase. While the evidence does not support the $33.5 million increase requested by the Company, ACSC consultants agree that the Company can justify an increase in revenues of at least $19.8 million. A contested case proceeding before the RRC on the Company's current application will take several months and cost ratepayers millions of dollars in rate case expenses and would not likely produce a request more favorable than that to be produced by the settlement. The ACSC Executive Committee recommends that ACSC members take action to approve the ordinance authorizing new rate tariffs. The City Council Utility Committee has been briefed and concurs with Staff s recommendation. JCH September 10, 2008 (1:27PM) _ ATTACHMENT A ATMOS ENERG'(CORPORATIQN RRC TARtFF NO: 19843 M(D-TEX DIVISION REVISlON NO: 0 RATE SCHEDULE: 4 R—RESIDENTIAL SALES � APPLICABLE TO: � Entire Division (except Environs areas and the City of Dailas} EFFECTIVE DATE: ! 10/01/2008 PAGE: 23 � Application Applicabie to Residential Customers for all naturai gas provided at one Point of Delivery and measured ; through one meter. Type of Service Where service of ihe type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to ' ser�ice being furnished. � fitionth(y Rate Customer's monthiy bili wili be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount i Customer Charge per Bill $ 7.00 per month Commodity Charge—All Mcf $2.2410 per Mcf ; �. ; � Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs caiculated ' in aceordance with Part(a) and Part(b), respectively, of Rider GCR. �� I Weather Normalization Adjustment: Plus or Minus an amount for weather normalization caiculated in accordance with Rider WNA. � I Rate Review Mechanism: Commodity Charge inciudes an amoun#calculated in accordance with � Rider RRM. � Franchise Fee Adjustment: Pius an amount for franchise fees caiculated in accordance with Rider FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not appfy to Environs Customers. ; Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. ' Surcharges: Pius an amount for surcharges calculated in accordance with the appficable rider(s). Agreement An Agreement for Gas Service may be required. Notice � Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. i Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13l2008 ATTACHMENT A ATMOS ENERGY CORPORATIOPV RRC TARIFF NO: 19844 MID-TEX QIVtSION REVIS(ON NO: Q RATE SCHEDU�E: C—COMMERCIAL SALES ' APPLlCABLE TO: Entire Qivision(except Environs areas and the City of Dailas) EFFECl'1VE DATE: 10/01/2008 PAGE: 24 ! Appficafion Applicabie to Commerciai Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industria!Customers with an average annual usage of less than 3,000 Mcf. � Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to ' service being furnished. Monthly Rate Customer's monthly bill will be calculafed by adding the following Customer and Mcf charges fo the ; amounts due under the riders listed below: Charge Amount '�! Customer Charge per Bill $ 13.50 per month ' Commodity Charge-All Mcf $ 0.9809 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. ! Franchise Fee Adjustment: Plus an amount far franchise fees calculated in accordance with Rider ' FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulafory Affairs i Date Issued: 08/13/2008 � i ATTACHMENT A ' ATMOS ENERGY CORPOR,4TtON RRC TARIFF NO: 19842 MID-TEX QNtS10N REVISION NO: d RATE SCHEDULE: I—lNDUSTRlAL SALES ' APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTNE DATE: 10/07/2008 I PAGE: 25 Application Applicabie to Industrial Customers with a maximum daily usage (MDU)of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industriai Customers with an MDU equal to or greater than 3,500 MMBtu per day wili be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additiona! charges and special contract arrangements between Company and Customer may be required prior to service being furnished. � Monfhly Rate Customer's monthly bill wiil be calculated by adding the foliowing Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $425.00 per month � ���. i First 0 MMBtu to 1,500 MMBtu $0.2733 per MMBfu Next 3,500 MMBtu $0.1993 per MMBtu Ril MMBtu over 5,000 MMBtu �0.0427 per MMBtu i Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated ; in accordance with Part(a) and Part(b), respectively, of Rider GCR. � Rate Review Mechanism: Commodity Charge includes an amount caiculated in accordance with I Rider RRM. i Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider � FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not � apply to Environs Customers. i Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. � Surcharges: Pius an amount for surcharges calcufated in accordance with fhe applicable rider(s). , Curtailment OverpuN Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtaiiment or interruptian, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the tabie entit�ed"Daily Price Survey." Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date tssued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TAR{FF NO: 19842 MIQ-7EX DtV1S10N REVtSlON NO: 0 � RATE SCHEDULE: I—lNDUSTRtAL SALES APPLICABLE TO: Entire Division {except Environs areas and the City of Dailas) ' EFFECTIVE DATE: 10/01i2008 PAGE: 26 Replacement(ndex In the event the "midpoinY' or "common" price for the Katy point {isted in PJatts Gas Daily in the table entitled "Daily Price Survey" is no longer pubiished, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the appiicable index. Agreement f An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's TarifF for Gas Service. ' Special Conditions In order to receive service under Rate I, Customer must have the type of ineter required by Company. Customer must pay Company all costs associated with the acquisition and instaliation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 � ; ; � f 1 ATTACHMENT A ATMOS ENERGY C�RPORATIQPI RRC TARIFF NO: 19845 M1D-TEX DiVIS10N REVIS(ON NO: 0 RATE SCHEDULE: T—TRANSPORTATION APPLiCABLE TO: Entire Division {except Environs areas and the City of Dallas) EF�ECTIVE DATE: 10/09/2008 PAGE: 27 ; Apptication Applicable, in the event that Company has entered into a Transportation Agreement, to a customer ' directly connecfed to the Atmos Energy Corp., Mid-Tex Division Distribu#ion System (Customer) for the transpa�tation of a11 naturai gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already availa�le at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. MonEhly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts ' and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $425.00 per month �. First d MMBtu to 1,500 MMBtu $0.2733 per MMBtu ' Next 3,500 MMBtu �0.1993 per MMBtu All MMBtu over 5,000 MMBtu $0.0427 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part(b) of Rider GCR. � Rate Review Mechanism: Gommodity Charge includes an amount calculated in accordance with Rider RRM. ' Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. ' � i Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider , FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply fo Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s}. Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities ' determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes af such fees. (ssued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/200$ ATTACHMENT A ATMOS ENERGY CORPORATION RRG TARIFF NO: 19845 MtD-TEX DIV{StON REViSION NO: 0 RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ` Entire Division (except Environs areas and the City of Dallas) EFFECT(VE DATE: 10/01/2008 PAGE: 28 Mon#h1y fmbalance Fees Customer shall pay Company the greater of(i)�0_10 per MMBtu,or(ii) 150%of the difference per MMBtu between the highest and lowest "midpoinY' price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in fhe applicable Transportation Agreement, at the end of each month that exceeds 10%of Customer's receipt quantities for the month. Curtailment OverpuH Fee Upon notification by Company of an event of curtailment Qr interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the sta#ed level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point lisfed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in PIa(fs Gas Daily in the table entitled"Daily Price Survey" is no longer published, Company will calculate the applicabie imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transpo�tation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulafory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of ineter required by Company. ' Customer must pay Company all costs associated with the acquisition and installation of the meter. i ; � � i i f Issued By: David J. Park Vice President, Rates and Regulatory Affairs ' Date(ssued: 08l'f 3/2008 � � ! � ATTACHMENT A ATMOS ENERGY CORPORATION MID-TEX DIVISIOIV REVISlON NO: 0 RiDER: GCR—GAS COST RECQVERY APPLlCASLE TO: Entire Division EFFECTNE DATE: 10/01/2008 PAGE: 40 Applicabie to Rate R, Rate C, and Rate 1 for all gas sales made by Company, 2nd applicable to Rate R, Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated in Section(b) below. The amount due for gas cost(Section(a}) is determined by multiplying the Gas Cost Recovery Factor (GCRF)by the Customer's monthly voiume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on a Mcf basis. For Customers receiving service under Rate I, , month(y volume wili be calculated on an MMBtu basis and the quaniities wiil be adjusted as necessary to recover actua(gas costs. The amount due for pipe(ine cost(Section(b)) is determined by multiplying the Pipe(ine Cost Factor (PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and Rate T, monthly volume wi(I be calculated on an MMBtu basis and the quantities will be adjusted as necessary fo recover actual gas costs. ' {a)Gas Cost Method of Calculation � The monthly gas cost adjustment is calculated 6y the application of a Gas Cost Recovery Factor(GCRF}, as determined with the following formula: GCRF= Estimated Gas Cost Factor{EGCF) + Reconciliation Factor(RF)+Taxes (TXS) EGCF= Estimated cost of gas, including lost and unaccounted for gas attributed to residential, commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided by the estimated total residential, commercial, and industrial sales. Lost and unaccounted for gas is ; limited to 5%. f RF= Calculated by dividing the difference between the Actual Gas Cost Incurred, inc(usive of interest over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed over that same twelve-month period by the estimated total residential, commercial, and industrial sales for the succeeding October through June billing months. The interest rate to be used is the annual interest rate published by the PUC every December. The interest rate of 2008 is 4.69%. Actual Gas Cost Incurred = The sum of the costs booked in Atmos Energy Corp., Mid-Tex Division account numbers 800 through 813 and 858 of the FERC Uniform System of Accounts, including the net impact of injecting and withdrawing gas from storage. Also includes a credit or � debit for any out-of-period adjustments or unusual or nonrecurring costs typically considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull Fees. Actual Gas Cost Billed = EGCF multiplied by the monthly volumes billed to Residential, Commercial and Industrial Sales customers, less the total amount of gas cost determined to have been uncollectib►e and written off which remain unpaid for each month of the reconciliation period. Issued By: David J. Park Vice President, Rates and Regulatory Affairs � Date {ssued: 08/13l2008 � � i i ATTACHMENT A ATMOS ENERGY CORPORATION MtD-TEX DiViS10N REV(SiON N�: 0 RIDER: 4 GCR—GAS GOST RECOVERY ' i APPLICABLE TO: Entire Division EFFECTtVE DATE: 10/01/2008 I PAGE:41 � Any amount remaining in the reconciliation balance after the conclusion of the period of amortization will be maintained in the reconciliation balance and included in the collection of the ne�RF. Atmos Energy shall file annual reports with the Commission, providing by monfh the following amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Writfen O{f, Totai Written Off, Gas Cost Collected and Margin Collected. TXS=Any statutorily imposed ass�ssments or taxes applicable to the purchase of gas divided by the estimated total residential, commercial, and industria�sales. ADJ =Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the estimated tatal residentiai, commercial, and industrial sales is to be included as a separate line item ', surcharge. (6) Pipeline Cost Method of Calculation Each month, a Pipeline Cost Factor(PCF) is caiculated separately for each Pipeline Cost Rate Class listed below. The formula for the PCF is: PCF= PP/S, where: PP = (P -A)x D,where: P= Estimated month�y cost of pipeline service calculated pursuant to Rate CGS D= Pipeline service allocation factor for the rate class as approved in the Company's most recent rate case, as foliows: Pi eline Cost Rafe Class � Allocation Factor D Rate R -Residentiai Service � .634698 Rate C-Commercial Service .302824 Rate I -industrial Service and Rate T-Transportation Service .062478 A=Adjustment applied in the current month to correct for the difference between the actual and estimated pipeline cost revenue of the second preceding month, calculated by the formuia: A= R-(G-A2), where: � R =Acfual revenue received from the application of the PP component in the second preceding month. C=Actual pipeline costs for the second preceding month. A2=The adjustment(A) applied to the PP component in the second preceding month. � issued By: David J. Park Vice President, Rates and Regulatory Affairs ; Date Issued: 08/13/2008 � i ATTACHMENT A , ATMOS ENERGY CC?RPC)RATIC)N MfD-TEX DtVISION REVISiON NO: 0 R1DER: � GCR—GAS COST RECOVERY k APPLtCABLE TO: Entire Division ( EFFECTIVE DATE: 10/0112008 � PAGE:42 S= Estimated Mcf or MMBtu for the rate class for the current biiling month. The PCF is ca(culated to the nearest 0.0001 cent. The Pipeline Cost to be billed is determined by muftiplying the Mcf or MMBtu used by the appropriate PCF. The Pipeline Cost is determined to the nearest whole cent. i � I ' issued By: David J. Park Vice President, Rafes and Regulatory Affairs Date tssued: 08/13/2008 ' f ATTACHMENT A ATMOS ENERGY CORPORATION MtD-TEX DIViSION REVISION NO: 0 R1DER: CEE—CONSERVATIQN& ENERGY EFFICIEM1lCY APPLICABLE TO: Entire Division EFFECTIVE DATE: 101Q1/2008 PAGE: 58 Purpose Atmos Energy Mid-Tex is proposing to institute a complete Conservation & Energy Effciency program ' which wiil offer assistance to qualified customer segments in reducing energy consumption and lowering energy utility bilis. The proposal is one where Atmos Energy shareholders will fund a percentage of the a(Iowabls expenses incurred annually, with a customer rate componenf providing the remainder of the funding. Following is a high-levei, concept summary of the proposal. Atmos Energy Mid-Tex Division proposes to work with the communities it serves to develop the details of a new tariff and programs ; addressing conservation and energy efficiency. Synopsis: Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos ' Mid-Tex. Qualified Customers wiil receive up to two hundred dollars ($200.00) worth of caulking, weather-stripping, sheathing, sealing, wafer heafer blankets, and like materials, other energy saving devices such as clock-thermostats, set-back devices("covered items")from approved suppliers/retailers. Company will undertake efforts to enlist support from community groups, induding its own Employee Action Program, to assist customers with installation. If it is determined that professional installation capabilities are necessary, the parties will agree on labor assistance amounts. Eliqibilitv Low Income — Low-income rate-payers that qualify for heating bill assistance through LIHEAP agencies and all agencies that distribute Atmos "Share the Warmth" funds. Agencies that allocate assistance funds denote customer as Low Income, a status that lasts for one year. Senior Citizen — Primary account holder can requesf eligibility through ATM call center or web-site. Customer provides primary SSN which is verified through Social Security Administration. And account holder that is or tums 65 years old in that year becomes eligible. Fundinq Initial program funding will be at two million dollars (�2,000,000). Atmos Energy shareholders will contribute one million dollars (�1,000,000.00) to this initiative annually with ratepayers providing one ' million dollars($1,000,000.00) per year. It is proposed that the program operate on an October 1 through September 30 year, with benefits being capped at the two miltion dollar level for the initial program period. Administration: A third-party administrator will coordinate qualification of customers, voucher distribution, subsequent verification and reimbursement of eligible expenditures and general program administration. Program administrafion expenses will be funded from the annual approved budget. Audits wifl be provided all interested parties within 120 days of the end of each program year to determine effectiveness. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date tssued: 08/13/2008 i ATTACHMENT A ATMOS ENERGY CQRPORA710N M1D-TEX DIViSlON REVIStON NO: 0 RIDER: CEE—CONSERVAT(ON � ENERGY EFFICIENCY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/0112008 PAGE: 59 , Report Afmos shall fiie an annual repoc#detailing cost to administer the program with details of the amounfs paid � out of program for energy conversation assistance. The report shall also detail number of applicants, number rejected and accepted and reason rejected. The reporf shall be filed wi#h the Gas Service Director. ; �� i i i � t � i Issued By: David J. Park Vice President, Rates and Regulatory Affairs i Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATlON MiD-TEX DtVISION REVISION NO: 0 RIDER: FF—FRANCHISE FEE ADJUSTMENT APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 PAGE:43 Appfication Applicable to Customers inside the corporate limits of an incorporated municipality that imposes a municipal franchise fee upon Company for the Gas Service provided to Customer. Franchise Fees to be assessed solely to cust�mers within the municipal limifs. This does not apply to Environs customers. , Monthly Adjus#ment ; Company will adjust Customer's bi8 each month in an amount equal to the municipal franchise fees ' payable for the Gas Service provided to Cusfomer by Company. Municipal franchise fees are determined ;, by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the percentage and applicability of franchise fees. From time to time, Company wiil make further adjustments to Customer's bill to account for any over- or under-recovery of municipal franchise fees by Company. ; Issued By: David J. Park Vice President, Rates and Regulatory Affairs � Date Issued: 08/13/2008 ATTACHMENT A TARIFF FOR GAS SERV{CE ATMOS ENERGY CORP., MID-TEX DIV(StON :�,�. RIDER: Rider WNA—Weather Normalization Adjustment APPLtCABLE TO: Entire System {except Environs areas REVISION: ', and the City of Dalias) DATE: EFFECTiVE DATE: 11101/2008 PAGE: 1 OF 2 RIDER WNA—Weather NormaEization Adiustment Provisions for Adiustment ; The base rate per Mcf(1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of fhe Mid-Tex Division service area for determining normalized winter period revenues shall be ; adjusted by an amount hereinafter described,which amount is referred to as the "Weather Normalization ; Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential, and commercial bills based on meters read during the revenue months of November through Aprii. The five regional weather stations are Abilene, Austin, Dallas,Waco, and Wichita Falls. ., Computafion of Weather Normalization Adjusfinent The Weather Normalization Adjusfinent Factor shalt be computed to fhe nearest one-hundredth cent per Mcf by the following formula: (HSF x (NDD-ADD) ) � WNAFi = R� ; (BL� + (HSFi x ADD) ) � ; Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule fhat eontains more than one billing classification WNAF� = Weather Normalization Adjustment Factor for the i�h rate schedule or � classification expressed in cents per Mcf j R� = base rate of temperature sensitive sales for the ith schedule or � classification approved by the entity exercising original jurisdiction. ` ; HSFi = heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per b+ll (Mcfl and actual ; heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. BI� = base load sa�es for the it�schedule or classification calcufated as the y- ; intercept of the linear regression of average sales per bill (Mc� and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in ifh rate schedule is computed as: � ! � WNA;= WNAF; x q;� i ATTACHMENT A TARtFF FOR GAS SERVECE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate WNA—Weather Normaliaation Ad}usfinent APPLtCABLE TO: Entire System (excepf Environs areas REVISION: ' and the City af Daltas) DATE: EFFECTIVE DATE: 11/01/2008 PAGE: 2 OF 2 Where q;�is the relevanf sales quantity for the jth customer in ith rate schedule. Filinqs with Enti#ies Exercising Oriqinal Jurisdiction As part of its annual RRM filing the Company will file (a)a copy of each computation of the Weather Normalization Adjustment Factor, (b}a schedule showing the effective date of each such Weather Normalization Adjusfinent, (c) a schedule showing the factors of values used in calculating such Weather Normalization Adjustment and {d)a random sample and audit of thirty (30)actual customer bilis, with customer information deieted, for each rate schedule or ciassification to which the WNA was applied in the preceding 12 month pericd. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annuai RRM filing. If the RRM is discontinued, as provided in the Rider RRM tariff, the inforrnation required herein to be filed with the entities exercising originai jurisdiction shall be filed on March 1 of each year. Base Use/Heat Sensitivitv(HSF) Factors Residential Commercial Base use HSF Base use HSF i Weather Station Mcf McflHDD Mcf Mcf/HDD ' Abilene 1.27 .0130 10.93 .0638 , Austin 1.29 .0133 18.47 .0641 ' Dallas 1.79 .0186 20.83 .0878 Waco 1.30 � .0141 11.41 .0617 Wichita 1.35 .0143 11.62 .0540 ' Falls Sample WNRF�Calculation: (.0131 x (30-17) ) � .1533 per Mcf = 1.2267 x (1.14 + (.0131 x 17) ) Where ' i = Residentiai Single Block Rate Schedule R� = 1.2267 per MCF (Rate R-Final Order GUD No. 9670) HSFi = .0131 (Residential-Abilene Area) NDD = 30 HDD (Simple ten-year average of Actuai HDD for Abilene Area—9/15/06 —10/14/06} ADD = 17 HDD (Actual HDD for Abilene Area—9/15106— 10/14/06) BL� = 1.14 Mcf(Residential -Abilene Area) ' ATTACHMENT B .���.; ATMOS ENERGY CORP., �1D-TEX DiVIStON SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 20Q7 , Line Description Totai Reference (a) (�) (�) Rate R 1 Rate Characteristics: RRM Settlement Agreement, 2 Customer Charge $7.00 Pg 2, (tem 5 3 : 4 Consumption Charge ($/Mc� $2.160d Settlement Allocation 5 2007 RRM True-up ($/Mc� $0.0810 Seftiement Allocation 6 Rider GCR Part A $8.1244 scheduie H 7 Rider GCR Part B $0.6243 scneduie i 8 9 Billinq Units (1): 10 Biils 17,069,679 WP_J-1.1 11 Totai MCF 78,708,921 WP_J-1.1 12 13 Proposed Revenue: � 14 Customer Charge � 119,487,753 15 Consumption Charge 176,385,175 16 Base Revenue $ 295,872,928 17 Rider GCR Part A 639,460,135 18 Rider GCR Part B 49,140,231 ' 19 Subtotal � 984,473,295 20 Revenue Re(ated Taxes 59,244,614 � 21 " 22 Total Proposed Revenue- Rate R $ 1,043,717,909 ' i 23 � 24 Note 1: See Billing Determinants Study for details. t �}�y' f I ATTACHMENT B ATMOS ENERGY CORP., MtD-TEX DIVlSION SUMMARY PROOF OF REVENUE AT PROPOSED R,4TES TEST YEAR ENDlNG DECEMBER 31, 2007 ; Line Descrip#ion Total Reference " (a) (b) (c) ; Rate C � ; 1 Rate Charac#eristics: RRM Settlement Agreement, � 2 Customer Charge $13.50 Pg 2, {tEm 5 3 ; 4 Consumption Charge (�/Mcfl $0.9442 Settiement Allocation 5 2007 RRM True-up ($/Mcfi� $0.0367 Settlement Allocation ; 6 Rider GCR Part A $8.1244 Schedute H � 7 Rider GCR Part B $0.5228 Schedule I 8 9 Billing Units {1): 10 Bills 1,434,516 WP_J-1.2 11 Total MCF 50,233,642 WP_J-1.2 � 12 � 13 Proposed Revenue: 14 Customer Charge $ 19,365,966 15 Consumption Charge 49,273,373 16 Base Revenue $ 68,639,339 17 Rider GCR Part A 408,116,524 18 Rider GCR Pact 8 26,261,046 19 Subtotal $ 503,016,909 20 Revenue Re(ated Taxes 30,271,052 21 22 Tofal Proposed Revenue- Rate C $ 533,287,962 23 24 Note 1: See Billing Determinants Study for details. ; ! i i i { f i � j i i ATTACHMENT B ATMOS ENERGY CORP., MID-TEX DtViSION SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Description Totai Reference (a) (b) (c) Rate 1 &T 1 Rate Characteristics: 2 Customer Charge $ 425.00 Settiement Allocation ; 3 4 Block 1 ($IMMBTU) $0.2352 Settlement Ailocation 5 Biock 2 ($iMMBTU} $0.1715 Settlement Allocation 6 Block 3 ($/MMBTU) $0.0367 Settiement Allocation 7 2007 RRM True-up ($/MMBTU): Settlement Ailocatian 8 Biock 1 ($lMMBTU) $d.0381 9 Biock 2 ($/MMBTU) $0.0278 10 Block 3 ($/MMBTU) $0.0060 ; 11 Rider GCR Part A $8.1244 Schedule H 12 Rider GCR Part B $0.2938 schedu�e� 13 14 Consumption Characteristics: 15 Block 1 (First 1,500 MMBTU) 0.23502 (�) 16 Block 2 (Next 3,500 MMBTU ) 0.26655 (�) 17 Block 3 (Over 5,000 MMBTU ) 0.49843 (�} ' 18 � 19 Billing Units (1): ` 20 BIIIS 10,052 WP_J-1 ` 21 Block 1 9,522,217 WP_J-1 22 Biock 2 10,799,921 WP_J-1 23 Block 3 20,195,218 WP_J-1 24 Totat MMBTU 40,517,356 25 26 Sales Volumes 2,331,063 WP_J-1 i 27 i 28 Proposed Revenue: 29 Customer Charge $ 4,272,100 30 Bloek 1 2,602,422 ' 31 Block 2 2,152,424 32 Block 3 862,336 33 Base Revenue $ 9,889,282 34 Rider GCR Part A 18,494,542 35 Rider GCR Part B 11,902,411 36 Subtotal $ 40,286,235 37 Revenue Related Taxes 2,424,385 38 39 Totai Proposed Revenue- Rate I�T $ 42,710,620 40 41 Note 1: See Billing Determinants Study for details. � � �� � � ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL AND PROVIDING AN EFFECITVE DATE WHEREAS, the City of Grapevine, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of more than 150 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as "ACSC Cities"); and WHEREAS, Atmos and ACSC Cities have been in continuing disagreement, dispute, and litigation over the implementation of GRIP surcharges pursuant to Section 104.301 of the Texas Utilities Code; and WHEREAS, as part of the negotiations to resolve Atmos' 2007 rate case, ACSC Cities and the Company worked collaboratively to develop the Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled by Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action earlier this year to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and WHEREAS, on or about April 14, 2008, Atmos Mid-Tex filed with the City its first application pursuant to the RRM tariff to increase natural gas rates by approximately $33.5 million, such increase to be effective in every municipality that has adopted the RRM tariff within its Mid-Tex Division; and WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated a Negotiation Committee made up of ACSC representatives and assisted by ACSC attorneys and consultants to resolve issues identified by ACSC in the Company's RRM filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and shoutd be changed; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos is able to justify a rate increase of$19.8 million; and WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants, recommends ACSC members approve the attached rate tariffs (Attachment "A" to this ordinance) that will increase the Company's revenue requirement by $20 million; and WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of �� Revenues (Attachment "B" to this ordinance) are consistent with the negotiated resolution reached by ACSC Cities (including but not limited to a reduction of the residential customer monthly charge to $7.00 per month) and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any Settlement Agreement that Atmos enters into with other entities arising out of its RRM or any associated appeals of a decision entered by the Railroad Commission regarding the Company's request to increase rates. The ACSC Cities' acknowledge that the exercise of this right is conditioned upon the ACSC Cities' acceptance of all rates, revenues, terms and conditions of any other Settlement Agreement or associated appeals arising out of the Company's RRM filing in toto; and WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are, 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. ORD. NO. 2 Section 2. That the City Council finds that the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs and Atmos' proof of revenues, which are attached hereto and incorporated herein as Attachments "A" and "B", are just and reasonable and are hereby adopted. Section 3. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this ordinance, it is hereby 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 adjudged 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 existed. Section 6. That if ACSC Cities determine any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in Atmos' RRM filing would be more beneficial to the ACSC Cities than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC Cities. Exercise of this right is conditioned upon ACSC Cities' acceptance of all rates, revenues, terms and conditions of any other Settlement Agreement or associated appeals arising out of the Company's RRM filing in toto. Section 7. That this ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for customer bills delivered on or after October 1, 2008. Section 8. That a copy of this ordinance shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. Section 9. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency which requires that this ordinance become effective the 1 st day of October, 2008. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of September, 2008. ORD. NO. 3 APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4