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2020-034 - Atmos Energy Rate Adjustment - 2020 Rate ReviewORDINANCE NO. 2020-034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2020 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of Paris, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about March 31, 2020, Atmos Mid -Tex filed its 2020 RRM rate request with ACSC Cities based on a test year ending December 31, 2019; and WHEREAS, ACSC coordinated its review of the Atmos Mid -Tex 2020 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $90 million applicable to ACSC Cities with an Effective Date of December 1, 2020; and WHEREAS, ACSC agrees that Atmos plant -in-service is reasonable; and WHEREAS, with the exception of approved plant -in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the two month delayed Effective Date from October 1 to December 1 will save ACSC ratepayers approximately $9 million off new rates imposed by the attached tariffs (Exhibit A), the impact on ratepayers should approximate the reasonable value of the rate filing found by the ACSC Consultants' Report, which was $81 million; and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and 2 WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability prepared by Atmos Mid -Tex (Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $90 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid-Tex's 2020 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex's plant -in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $90 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. 3 Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Section 6. That subject to any future settlement or decision regarding the balance of Excess Deferred Income Tax to be refunded to ratepayers, the amortization of regulatory liability shall be consistent with the schedule found in Exhibit C, attached hereto and incorporated herein. Section 7. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2020 RRM filing. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 9. That the meeting at which this Ordinance was adopted was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 5 51. Section 10. 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 11. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after December 1, 2020. Section 12. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General 0 Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, BY A VOTE OF 5 TO 0 , ON THIS THE 14TH DAY OF SEPTEMBER, 2020. 1"PROVED AS TO FORM: Harris, City Attorney 2557/32/8108360 Paula Portugal, or g � Ma �.�. y 1j�,,��-Tem �,........ 5 Exhibit A to 2020 RRM Resolution or Ordinance Mid -Tex Tariffs Effective December 1, 2020 MID.- D t t Tri No - ATMOS ENERGY TIO RPPLICABLE TO: EFFECTIVE DATE: Bills Rendered on or after 1210112020 Application Applicable to Residential Customers for all natural gas provided at one Point of (Delivery and measured through one meter. Monthly Rate uustomer's monthly hlll will be Ilcullat by adding the following Customer and Ccf charges to the amounts duce under the riders listed below; Charge Amount .._....... __ .......................... Customer Charge per Bill 20.25 per month Rider C IE Surcharge 0.05 per month N Total Customer Charge $ 20.30 per month Commodity Charge — All cf $0,26651 per Ccf "TaxAdjustment: lulus an amount for tax calculated in accordance with (Rider TAX Surcharges: Plus an amount for surcharges cWcullated in accordance with the appllicablle dder(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 .ju dsdiotion and to the onnpany's Tariff for Gas Service. �Refbiren e Ridei CIIEE , ConservaMon and II'nei y Efficiency as aappir raed hi GUD 101'70. SurclimVe bp'Nfing effecUve Jully 1, 200 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C - COMMERCIAL SALES APPLICABLE TO: ALLCUSTOMERS I THE I EX DIVISION UNDER THE RRM TARIFF --- ------ , w.., m....._ ._. _ ......., n,,...., . EFF ECTIIVE DAT E B ills Renders on or a fter I V 0 1/ 20 20 PAGE: Application ApplicaMe to Commercial Custorners for all natural gas provided at one IPOnt of Delivery .and measured through one meter and to Industrial Customers with an average annual usage of less than 50,000 CCf„ 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. Charge Amount Customer Charge per Sill 54.50 per month Rider CEE Surcharge $ 0,02 per month b Total Customer Charge $ 54.52 per month Commodity Charge .- All Cof $ 011728 1725 (per Cof Tax Adjustmnent. Plus an amount for tax calculated in accordance with Rider TAX. SurchargesPlus an amount for surcharges calculated in accordance with the applicable riider(s). Agreement An Agreement for Gas Service may The it „aired. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tadff -for Gas Service. } Reference Rider CEE Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2020. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: II®INDUSTRIAL SALES RRC Tariff No: APPLICABLE T :LL CUSTOMERS IN TN IID-TEX DIVISION I DER THE RRM TARIFF ............. .................. .......... EFFECTIVE DATE: ills Rendered on or after 1210112020 PAGE-. Application Applicable to Industrial Customers with a maximum dally usage (MDI) of less than 3,500 MMStu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer, Typo of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract amrangernents between Company and Customer may Ibe required prior to service being furmnished. Monthly Rate Custorrnees monthly bill) wilt be calculated by adding the following Customer and MMStu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per I eter 1,014.50 per month First tl MMIBtu to 1,500 MI IEtu 0.4157 per MMIEtu Next 3,500 MMEtu 0.3044 per MMI to AVl MMltu oeU MMStu 0.0553 per MMI3tu — , -- — -- . .. ........ -- , - -l' --- -- : -- -,.' Tax Adjustmeft Plus an amount for tai calculated in accordance with Rider TAX. Surcharges, Plus an amount for surcharges calculated in accordance ith the applicable rider(s). Curtailment Overpull Pee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMl to delivered in excess of the stated level of curtailment or inteirrupbomn„ pay Company 00% of the midpoint price for time batty point listed in Pdatts Gas Daily published for the applicable Gas Day in time table entitled Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Ptatts Gas Daily in the table entitled "Dailly Price Survey°` is no longer published, Company wilt calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating time applicable index. MID-TEK DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPI-ICAEII,,B TO- ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THI; RRM "TARIFF ._ .. _ _.. ... ................ EFFECTIVE DATE: Bills Rendered Tri or after 12JO112020 � PAGE; Agreementllll An Agreement for Gas Service may be required. Notice Service hereunder and the rales for services provided are subject to the orders of (regulatory bodies having jurisdiction and to the C mpany"s Tariff for Gas Service. Special Conditions In order to receive service sander Rale I„ Customer must have the type of meter required by Company. Customer merit pay Company all costs associated with the acquisition and installahion of the meter, Application Applicable, in the event that Company has entered into a 'Transportation Agreement, to a customer *ectly connected to the Atmos Energy CorpMid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Custorner or Customees agent at rine Point of I ellvery for use in Customeft facility, Type e to 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 elrng furnished, Monthly ate Customer's bill will be callculated by adding the following Customer and MMBtu charges to the amounts and quanfifies, due under the riders listed below: Imbalance Fees All fees charged to Customer under this Rate Schedule nuvull 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 of such fees, Monthly Imbalance IFee Customer shall pay Company the greater of (l) $0.10 per MMBtu, or Oi) 150% of the dlfference per MMBtu between the highest and lowest "midpoint"" price for the Katy point listed in Platts Gas Daily M the table entitled "Daily Price Survey" duuriurog such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined lin the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt p,uaarnfiitie for the month. MID.-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION . . ._ ... �__ RATE SCHEDULE: T —TRANSPORTATION APPLICABLE L CUSTOMERS IN THEUID- DIVISION UNDIEf THE RRM TARIFF _.. ............... ...... .. .. ...._ ..... ___. m--. EFFECTIVE .... Bills Rendered on or after 1210112020 PAGE. Curtailment Overpull Fee Upon rn toficabon Iby Company of an event of curtailiment or interruption of Customer's deliveries, Customer will, for each MMBtu d iv r d lin excess of the stated level of curtailment or interruption, pay Company 0% of the imidpoint price. for the tufty point listed lin Plans Gas Daily pub0shed for the applicable Gas Day lin the table entitled °'Dally Price Survey." Replacement trade In the event the 'midpoint" or " mrn on" price for the IKaty poOt listed In Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the appflcable imbWance ffaa utlUU gng a dallly price index recognized a authoritative by the natural gas industry aind in closely approximating the applicable index. Agreement trainsportation agreement is required,, Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Cornpany'sTariff ffor Gas Serve Special Conditions In order to receive service under luta T, customer er mut have the type of meter requiired by Company Customer rust pay Company aIII costs associated with the acquisition and installation of the meter. Provisions for.AO-Mkot The Commodity Charge per Ccf (100 cubic feet.) for gas service set forth In any Rate Schedules utilized by the cities of theMid-Tex Division service area for determining normalized winter period revenues shall be adjusted by ain amount hereinafter described„ which amount is referred to as the 'Weather Normalization dpustirnent." 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 April. The five regional 'weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls„ m ut tgLn ct eatheir N 2 , tionAdjustment The Weather INormalkation Adjustment Factor shall be computed to the nearest one-haundiredth cent per Ccf by the following tormun as l Commodity Charge rate of temperature sensitive sales for the lth schedule or classification. H IFI = beat sensitive factor for the Nth schedule or classification divided by the average bull count In that Mass NIDD _ bllllrng cycle normal heating degree days calcuWed as the sliraplle tern -year average of actual heating degree days, ADD bllliing cycle actual heating degree days.. loll _ base load sales for the Nth schedule or classification divided by the average bill count fru that class The Weather I orrimall ation Adjustment for the jth custor ner in lth rate schedule is computed as: Where % is the relevant sales quantity for the jth customer !in lth irate schedule. Base Use/Heat Use Factors Weather Noirrirroaai fiord Ad°uLstrr ent i Ise rt On or Met re June 1 of each year, the company posts on its website at atrnosenergy,.com/nntx-wna, in Excell format„ a Weather Normalization Adjustment (WNW) Repod to showy how the comparsy cMcu fated !its s factor during the (preceding winter season„ Additionally„ on or before ,Dene 1 of each year, the company fifes one hard copy and an Excel l wersiion of the INNA Report with the Railroad Cornmission of "texas" upas Beuvices Division, addressed to the Directoir of that; Division, Residential Cornrineirdai Base use Meat tze Base use Meat use Weather Station Cef ccf/HD f CM-11DID Abilene 10.73 01545 9439 0,7284 Austin 9.53 01489 211,76 0..940 a Dallas 15.77 0.1792 19914 9. 4 0..9385 Waco 9,99 0.1341 '145.27 g„ 't 10 MoNta 1 't . 't 0.1-402 '120.34 0.5147 Falis Weather Noirrirroaai fiord Ad°uLstrr ent i Ise rt On or Met re June 1 of each year, the company posts on its website at atrnosenergy,.com/nntx-wna, in Excell format„ a Weather Normalization Adjustment (WNW) Repod to showy how the comparsy cMcu fated !its s factor during the (preceding winter season„ Additionally„ on or before ,Dene 1 of each year, the company fifes one hard copy and an Excel l wersiion of the INNA Report with the Railroad Cornmission of "texas" upas Beuvices Division, addressed to the Directoir of that; Division, Exhibit B to 2020 RRM Resolution or Ordinance Mid -Tex 2020 Benchmark for Pensions and Retiree Benefits ig o a V5 1 —0 CA -0 O,t� -0 k -0 ....... . ........ 0 004#8 . ..... + CL W 0 0 CX 45 W <0 M. 11111 xID) CD r.— X + fA Td) W CL m V0 -n Pr AV Oa KKM X0 ED a z 6 C, �� 71 C.x 0 W 0 P.3 0 0 0 a- low x 0 I•D fn to in fA to 0 E0 0 c Tjos r_ .,,;r CD :.:V 69 40 69 ra tl� to :4 0-18 -0 6 a LO go 40 0 40 to (0 Cl CT CL 0 < I S� lid 8 Z cr '" 8 �3 824 C) 6,, cc 40 (0 C) 0 m M co co W ,Cm 4 Al -4 Ot 10 A, ro S6 'Ile 10 rM P,O W to Exhibit C to 2020 RRM Resolution or Ordinance Mid -Tex 2020 Schedule for Amortization for Regulatory Liability 311E BASE T III:::IIIMT ST YEAR ENIIDIINGDECEMBER 31, 2019 AMORTIZATION F" REGULATORY LIABILITY 29 Revenue Related'Tax Factor Revenue IFIelated "Taxes on Annual 345 Amortizatiorh 31 Amorfization Including Fleveinue 716% See WP_II' -5.1 mm orfize uomm Tax 79595,924 F:: actor 11,971,4597 Amortlization r° "8"axes 32 33 Note : 34 1. The annual arnorlJ7.aflon of a 26 year recoveTy 1per6om1 its based on the 35 Rover r1,u49m Georgia Method. 36 2.. The Re u lath. Liab8U81y us recorded to FERC Account 253, Sub Account 27909, 37 1 This is the final Mid -Tex 99 9uillty Lmlaince 1au9mug the Rscal Year 2018 tax return, Beginning f Year Eind of Year Rats Base Rate Base Corrected Balance Uno YearEndedjm,m trrrment Anniwal Adjustment for December 31, NO. Dec 31 Amount Amortization 1 rnourit2L_____2017 () (b) () () (e) 1 2617 - 262,266,531 292,2691,691 2 26316 292,266,9961 12,9575,562 29995,193,319 3 29519 266 ,193,3 99 12,085,165 268,j 08,1 5 4 29526 266,165,155 11,171,173 256,936,9912 5 2021 256,936,982 11„171„173 245j65,809 6 2522 245,765,9865 11,171,173 234 94,635 7 29523 234,5954,635 11,171,173 223,423,462 6 29524 223,423,462 11,171,173 212,252,2693 29525 212.,252,2989 18,'871,173 2.451,63981,186 16 24526 261,061,116 11,171,173 169,64595,943 11 24527 1693,9939 943 11„171„173 176,7398,7745 12 245298 176,736,7745 11,17-1,173 167,567, 597 13 2626 '197,567,597 11,171,173 156,396,424 14 2030 154 ,396,424 11,171,173 145;,225,251 15 2631 145„225,251 11,171,173 134,654®977' 16 2632 134,4554,4577 11,171,173 122,9862,9454 17 2633 122,662,904 11,171,173 111,711,731 13 24534 111,711,"7»31 11,171, 173 1450.54 5, 58 195 24535 1456,” 445,5598 11,171,173 989,369,3985 20 2036 989„3159, 3985 11,17 814173 76„ 1998,212 2.1 2637 793,19398,212 11,171,173 67m627,0393 22 2036 67,627,45395 11,1 "71,173 55,855,866 23 24539 55,655,9866 11,171,173 44„664,692 24 245443 44,684,692 11,171,173 33,513,5195 25 204„1 33,583,5193 11„171,173 22,342,346 26 24542 22,342,346 11,171,173 11,1 "71,173 27 2043 11,171,17,3 11,171,173 (6) 298 29 Revenue Related'Tax Factor Revenue IFIelated "Taxes on Annual 345 Amortizatiorh 31 Amorfization Including Fleveinue 716% See WP_II' -5.1 mm orfize uomm Tax 79595,924 F:: actor 11,971,4597 Amortlization r° "8"axes 32 33 Note : 34 1. The annual arnorlJ7.aflon of a 26 year recoveTy 1per6om1 its based on the 35 Rover r1,u49m Georgia Method. 36 2.. The Re u lath. Liab8U81y us recorded to FERC Account 253, Sub Account 27909, 37 1 This is the final Mid -Tex 99 9uillty Lmlaince 1au9mug the Rscal Year 2018 tax return, August 17, 2020 MODEL STAFF REPORT BACKGROUND AND SUMMARY The City, along with 171 other Mid -Texas cities served by Atmos Energy Corporation, Mid - Tex Division ("Atmos Mid -Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). In 2007, ACSC and Atmos Mid -Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism ("RRM"), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about March 31, 2020, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost -of -service in a test year ending December 31, 2019, entitled it to additional system -wide revenues of $141.2 million. Application of the standards set forth in ACSC's RRM Tariff required Atmos to reduce its request to $136.3 million, $98.7 million of which would be applicable to ACSC members. ACSC's consultants concluded that the system -wide deficiency under the RRM regime should be $111.5 million instead of the claimed $136.3 million. The amount of the $111.5 million deficiency applicable to ACSC members would be $80.8 million. After the Company reviewed ACSC's consultants' report, ACSC's Executive Committee and the Company negotiated a settlement whereby the Company would receive an increase of $90 million from ACSC Cities, but with a two-month delay in the Effective Date until December 1, 1 2020. This should save ratepayers approximately $9 million such that the case is functionally equivalent to ACSC's consultants' recommendation of $80.8 million. The Executive Committee recommends a settlement at $90 million. The Effective Date for new rates is December 1, 2020. ACSC members should take action approving the Resolution before November 1, 2020. PROOF OF REVENUES Atmos generated proof that the rate tariffs attached to the Resolution will generate $90 million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff Report. ACSC consultants have agreed that Atmos' Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of $5.15 on a monthly basis, or 9.9 percent. The increase for average commercial usage will be $15.48 or 6.56 percent. A bill impact comparison is attached as Attachment 2. SUMMARY OF ACSC'S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission's review of annual GRIP filings or allow recovery of Cities' rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC's view, the GRIP process unfairly raises customers' rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. 2 RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid -Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on December 1, 2020, ACSC residents will maintain a slight economic monthly advantage over GRIP and DARR rates. See Attachment 3. EXPLANATION OF "BE IT RESOLVED" PARAGRAPHS: 1. This section approves all findings in the Resolution. 2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just, reasonable, and in the public interest. 3. This section makes it clear that Cities may challenge future costs associated with gas leaks like the explosion in North Dallas or the evacuation in Georgetown. 4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will permit Atmos Mid -Tex to recover an additional $90 million from ACSC Cities. 5. This section approves an exhibit that establishes a benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 6. This section approves an exhibit to be used in future rate cases or RRM filings regarding recovery of regulatory liabilities, such as excess deferred income taxes. 7. This section requires the Company to reimburse the City for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Resolution approving new rate tariffs. 8. This section repeals any resolution or ordinance that is inconsistent with the Resolution. 3 9. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 10. This section is a savings clause, which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Resolution. This section further directs that the remaining provisions of the Resolution are to be interpreted as if the offending section or clause never existed. 11. This section provides for an effective date upon passage. December 1, 2020 represents a two month delay in the Effective Date established by the RRM tariff. 12. This section directs that a copy of the signed Resolution be sent to a representative of the Company and legal counsel for ACSC. CONCLUSION The Legislature's GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex's claim that its historic cost of service should entitle it to recover $141.2 million in additional system -wide revenues, the RRM settlement at $90 million for ACSC Cities reflects substantial savings to ACSC Cities. ACSC's consultants produced a report indicating that Atmos had justified increased revenues for ACSC Cities of at least $81 million. Settlement at $90 million (equivalent to $81 million with a two-month delay) is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Resolution before November 1, 2020. New rates become effective December 1, 2020. 2557/32/8105318 4 Attachment 1 to Model Staff Report 2020 RRM Proof of Revenues NNN NN -----+ —�� SOW V OCnA W N� A W N O O O V O O A wCD N 0 m �mococC CD0 mocrn 7 m n W N y N y O N u=) a n CD of rn CCL D (D y c c c 0 �. 0 3 m 0 cn a a a m m 3 m n ai m m r. eo a -0 -0 -0 cn 'a CD � tv m m a N CD 0 0 0 0 CD (D o (7 o 0 > > � s :3 =r CL CD m nn(�w m m 0v iv nm O a m � s � ca w � i Attachment 2 to 2020 RRM Staff Report Bill Impact 0 W fAl a N CA th UP 4'. :N "t. IN �� 4 cl 0 z N N;Ill w 2 ba 0 ED rh -4 0j h, .-% — I 'a) (yw 'N -L & W PJ 0 U.) 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CL (0 9 9 9 9 cccc cccc fa w w ccccc ccc:cc U) ; -n 90 0 M-% "In cf� 9, () � 3 3 0 -aaq A 0 m 0 0 0) a 0. x x x P, 43 -u 0 83 S 5' a, 0 -0 :3 = 3 ic w C3 In 0 21 M 0 �O =r -c W.D CL w 0) 1 - C) w w a 0 0 0 ID (0 ic M .-4 :7 �::Y' =F M w m (D (D ED 01 fi) a) ta (a ca ED M Q p p p 0 LO > 0 m 0 0 U3 (a (D 0 CD ca > 0 IND 0 ta (a (a (D m m q p p pw PJ k7l N .Pl 0 in bai a) r.A c W CD (A W. w IW CD �IIA (A 4A w CIA W CO CD 0 cn U) ul ED 3: c K c .b. ic ic E: 9: SAW K K 9 6) 19 hy p 9 9 9 9 cccc cccc ccccc ccc:cc x x x x x 0 VO fa 'bq 40 ..'4 .-4 -4 p p p 0 p p p p M q p p pw p p b. ch (B 0 b. 10 -b� Sl 0 En w 0) -lj a Gq w Ln all ) T -4 H It H 0 111 H 0 H 0 111 It 11 U IIIU H H 11 fil 1111 H III UR 40 40 fo 4.9 40 vp 14 c 19.0 Ch OD 0) Ul at to w CA'n ISI (0 -4 0 cn <R W co G) Mi n in in bo CD 'm ('..A) im bD iA CA -14 OD th b, 0 'O M '.4 to 4. -A JhQ iqlI 'wl w II k7l w (A) CO co 0) Q 0 in bai a) r.A c W CD (A W. iro 0 0 II L W CD (A W. iro 0 0 �IIA 0) 0 cn U) ul ED Attachment 3 to 2020 RRM Staff Report RRM Monthly Savings Over GRIP and DARR Rates ATMOS ENERGY CORP., MID-TEX DIVISION RESIDENTIAL AVERAGE RATE COMPARISON TEST YEAR ENDING DECEMBER 31, 2019 ACSC DARR ATM Environs Settled Filing Filin Filin Cust Charge $20.25 $23.75 $26.40 $24.60 Monthly Cd 44.5 44.5 44.5 44.5 Cons Charge $0.26651 $0.19336 $0.14846 $0.18653 Average Mo Bill $32.11 $32.35 $33.01 $32.90 SO, 2411,';