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06-A Denying request by Atmos under GRIP filing [8JAction CITY OF PARIS, TEXAS CITY COUNCIL AGENDA REQUEST MEETING DATE: I August 27,2007 D Discussion Dlnformation DRefer to: SUBMITTED BY: I Gene Anderson, Finance Director DESCRIPTION: This resolution denies the request by Atmos Mid-Tex made under its fourth GRIP filing on May 31,2007. It also indicates the City's support for statutory changes to the Texas GRIP statute to ensure fairness for ratepayers and to eliminate piecemeal ratemaking for any change in invested capital. BACKGROUND INFORMATION: GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking that is in the public interest. In 2003 the legislature made an exception to the prohibition against piecemeal ratemaking to encourage increased investment in transmission and distribution pipe by allowing prompt recovery of investment. despite the possibility that increased revenues and declining expenses could more than offset increased investment. Unfortunately. GRIP filings have included costs unrelated to infrastructure improvements. Pursuant to its statutory authority. the City suspended the effective date of this surcharge in order to evaluate the filing. determine whether the filing complies with the law. and if unlawful, to determine what course to pursue. The Atmos Cities Steering Committee's rate consultant has identified approximately $3.4 million in expenses included in the GRIP surcharge request that are inconsistent with the statute and/or the Railroad Commission's order in GUD 9670 (the rate case initiated by ACSC that revealed inappropriate expenditures in previous GRIP surcharges). Atmos has recently received a rate increase of $5 million and should be collecting sufficient revenues to earn its allowed return without the necessity of a surcharge to recover incremental costs. LEGAL REVIEW: I~ MANAGER'S RECOMMENDATION: ;2e~ Draft f:allomeylresworklcurrentlA TMOS Denial Res 2007 August 22, 2007 RESOLUTION NO. A RESOLUTION OF THE CITY OF PARIS, TEXAS, DENYING THE REQUEST OF A TMOS ENERGY CORP., MID- TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; SUPPORTING STATUTORY REFORM OF THE TEXAS GRIP STATUTE, FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC; AND. PROVIDING FOR NOTICE OF THIS RESOLUTION TO ATMOS ENERGY CORP., MID- TEX DIVISION AND THE CITY'S LEGISLATIVE DELEGATION. WHEREAS, the City of Paris, 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, Atmos Mid-Tex made filings with the City and the Railroad Commission of Texas ("Railroad Commission") on or about May 31, 2007, proposing to implement interim rate adjustments ("GRIP rate increases"), pursuant to Texas Utilities Code S 104.301, on all customers served by Atmos Mid- Tex, effective July 30, 2007; and, WHEREAS, the Gas Reliability Infrastructure Program (GRIP) statute approved in the 2003 Regular Session of the 78th Legislature changes 100 years of Texas law and allows a natural gas utility to implement annual surcharges for increases in investment without having to account for the offsetting decreases in costs or increases in revenue experienced by the utility; and, WHEREAS, Texas is the only state out of the twelve states served by Atmos that has a GRIP statute that allows for piecemeal recovery for any change to invested capital; and WHEREAS, Atmos has implemented four GRIP surcharges and collected more than $20 million in GRIP surcharges from customers since the utility acquired the TXU Gas system in 2004; WHEREAS, the City supports the statutory reform of the GRIP statute to ensure fairness to ratepayers and to eliminate piecemeal recovery for any change to invested capital; and, WHEREAS, Atmos Mid- Tex was recently granted a rate increase as a result of its filing in GUD No. 9670, in which the Final Order was only signed on March 29, 2007; and, WHEREAS, in GUD No. 9670, it was determined that Atmos Mid- Tex had inappropriately included certain expenditures in its prior GRIP rate increases for rate years 2003, 2004, and 2005; and, WHEREAS, the City, as a regulatory authority, suspended the July 30, 2007, effective date to examine this latest GRIP filing to determine its compliance with the Texas Utilities Code and Railroad Commission final order in the most recent Atmos Mid- Tex rate case; and, WHEREAS, the City has joined with other cities to review the Company's filing, said coalition being known as Atmos Cities Steering Committee ("ACSC"); and, WHEREAS, the consultant hired by Steering Committee has reviewed the GRIP surcharge application and has issued a final report finding that the Company has included millions of dollars of expenses in the current GRIP surcharge that are inconsistent with the Texas Utilities Code and Railroad Commission final order in the most recent Atmos Mid- Tex rate case and not related to ensuring the safety and reliability of the system; and, WHEREAS, counsel for the Steering Committee, upon review of the Company's filing and the consultant's report, recommends finding that the Company's proposal is unjustified and unreasonable; and, WHEREAS, ratepayers of Atmos Mid- Tex, including the City and its residents, will be adversely impacted by the proposed GRIP rate increases. - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. things approved. That the findings set out in the preamble to this resolution are hereby in all - Section 2. That the Company's GRIP rate increase request is found to be unreasonable and inconsistent with the Texas Utilities Code and Railroad Commission final order in GUD 9670, Atmos Mid- Tex most recent rate case, and is therefore denied in all respects. Section 3. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. Section 4. That the City hereby advocates statutory reform of the Texas GRIP statute to ensure fairness to ratepayers and to eliminate piecemeal recovery for any change to invested recovery. Section 5. That the City calls upon its state representatives and senator to support legislation in the 81 sl Regular Session of the Texas Legislature that would reform the Texas GRIP statute to ensure fairness for ratepayers and eliminate piecemeal recovery for any changes to invested capital. Section 6. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Section 7. A copy of this Resolution, constituting final action on the Company's application, be forwarded to the following: Charles R. Yarbrough, II Atmos Energy Corporation 5420 LBJ Freeway, Suite 1800 Dallas, Texas 75240 Lloyd Gosselink Blevins Rochelle & Townsend c/o Geoffrey Gay P.O. Box 1725 Austin, Texas 78767-1725. Section 8. A copy of the resolution shall be sent to the elected lawmakers representing the City's interests in the Texas House and Senate. DUL Y PASSED and approved by the City Council of the City of Paris, Texas, on this the 27th day of August, 2007. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney STAFF REPORT ON ATMOS MID-TEX GRIP DENIAL RESOLUTION Purpose of the Resolution: Atmos Mid- Tex filed its fourth surcharge request under the Gas Reliability Infrastructure Program ("GRIP") statute, seeking to implement monthly surcharges of $0.59 (average residential customers), $1.47 (average commercial customers), and $28.74 for industrial customers. The resolution denies Atmos Mid- Tex's 2006 surcharge request on the grounds that it does not comply with the law and is not reasonable. The resolution also indicates the City's support for statutory changes to the Texas GRIP statute to ensure fairness for ratepayers and to eliminate piecemeal rate making for any change in invested capital. What is GRIP? GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking that is in the public interest. Atmos, TXU Gas, and other gas utilities persuaded the legislature in 2003 to make an exception to the prohibition against piecemeal ratemaking to encourage increased investment in transmission and distribution pipe by allowing prompt recovery of investment, despite the possibility that increased revenues and declining expenses could more than offset increased investment. Unfortunately, utilities have used the GRIP filings to include other costs unrelated to infrastructure improvements. GRIP surcharges are reconciled in a general rate case that the utility may not file for another five years. Did the Leeislature Address the GRIP Statute in the Recent Leeislative Session? The GRIP statute violates fundamental standards of regulatory ratemaking because it eliminates a basic aspect of fairness for ratepayers that has been part of the ratemaking process for decades. During the most recent legislative session, the Senate Business and Commerce Committee unanimously approved a bill that would have repealed the GRIP statute, largely in response to the abuses of the GRIP surcharge by Atmos Mid-Tex. However, by the end of the session, the gas utility lobby was successful in killing meaningful reform and the legislation died. It is important to start building support for legislative reform of the GRIP statute now. Issues regarding utility ratemaking and GRIP surcharges are very technical and can be difficult to effectively communicate during the heat of a legislative session. Cities can build on the effective information campaign that started in the recent session that recently concluded and prepare for the next session by communicating with the legislators about this GRIP filing. The Executive Committee has recommended that ACSC members adopt a resolution supporting legislative changes to protect natural gas ratepayers and opposing GRIP surcharges. This denial resolution includes that information and will be forwarded to the City's legislative delegation. Page I Observations on the Filin~ Pursuant to its statutory authority, the City suspended the effective date of the Company's surcharge request to evaluate the filing, determine whether the filing complies with law, and if unlawful, to determine what further strategy to pursue. Review of the Company's surcharge request is particularly important given that the City, as part of the Atmos Cities Steering Committee, initiated a rate case (GUD No. 9670) in which the Railroad Commission determined that Atmos had included inappropriate expenditures in its previous GRIP surcharges for rate years 2003, 2004, and 2005. But for the investigation by the Cities, through ACSC, the impropriety of these expenditures and of their inclusion in the GRIP surcharges, would not have been exposed, and the refund of $2.5 million would not have been ordered. ACSC's rate consultant, Karl Nalepa, has identified approximately $3.4 million in expenses included in the 2006 GRIP surcharge request that are inconsistent with the statute and/or the Railroad Commission's order in GUD 9670. For example, the Company's surcharge request is based in part on inappropriate expenses related to furniture and office fixtures. The Commission excluded furniture expenses from the Atmos Mid- Tex GRIP surcharge in GUD 9670. The Company acknowledges this and has removed some of the furniture and fixture expense from the current filing. The filing offers no explanation why any furniture or fixture expense remains part of the GRIP surcharge. In addition, Mr. Nalepa has also identified expenses included in this surcharge request that occurred prior to 2006, and are thus ineligible for inclusion in the 2006 GRIP surcharge. Finally, Atmos Mid- Tex has just received a rate increase of approximately $5 million and should be collecting sufficient revenues to earn its allowed return without the necessity for a surcharge to recover incremental investment. NOTE: IT IS CRITICAL THAT ALL CITIES PASS THE RESOLUTION TO DENY ON OR BEFORE SEPTEMBER 13, 2007. Explanation of "Be It Resolved" Para~raphs: 1. This paragraph sets out the finding that the Company's request is unreasonable, and inconsistent with Railroad Commission precedent and the statute. 2. This paragraph provides for an immediate effective date. 3. This paragraph states the City's support for legislative reform of the GRIP statute to ensure fairness to ratepayers and to eliminate piecemeal recovery for any change in invested capital. 4. The paragraph requests the City's legislative delegation to support legislation in the 8Pt Regular Session of the Texas Legislature that would reform the GRIP statute to ensure fairness for ratepayers and eliminate piecemeal recovery for any change to invested capital. 5. This paragraph cites conformance with the Open Meetings Act. 6. This paragraph directs that a copy of the signed ordinance be sent to a representative of the Company and a representative of the coalition of cities. Page 2 CITY SUSPENSION RESOLUTIONS Suspending Atmos' System-Wide Rate Increase (GRIP 4) 1. Abilene 2. Addison 3. Allen 4. Alvarado 5. ~gus 6. Arlington 7. Bedford 8. Bellmead 9. Benbrook 10. Blue Ridge 11. Bowie 12. Boyd 13. Bridgeport 14. Brownwood 15. Burkburnett 16. Burleson 17. Carrollton 18. Cedar Hill 19. Celeste 20. Celina 21. Cleburne S:\cit ydat a\Att omey\ORDWORK\CURRENT\070807 Suspending Cities. doc CITY SUSPENSION RESOLUTIONS Suspending Atmos' System-Wide Rate Increase (GRIP 4) 22. Clyde 23. College Station 24. Colleyville 25. Colorado City 26. Comanche 27. Coppell 28. Corinth 29. Corral City 30. Crandall 31. Crowley 32. Denison 33. DeSoto 34. Duncanville 35. Eastland 36. Edgecliff Village 37. Emory 38. Ennis 39. Everman 40. Fairview 41. Farmers Branch 42. Farmersville 43. Fate S:\cit 2 ydat a\Att omey\ORDWORK\CURRENli070807 Suspending Cities. doc CITY SUSPENSION RESOLUTIONS Suspending Atmos' System-Wide Rate Increase (GRIP 4) 44. Flower Mound 45. Forest Hill 46. Fort Worth 47. Frisco 48. Frost 49. Gainesville 50. Garland 51. Garrett 52. Grapevine 53. Haltom City 54. Harker Heights 55. Haskell 56. Haslet 57. Heath 58. Hewitt 59. Highland Park 60. Highland Village 61. Honey Grove 62. Hurst 63. Iowa Park 64. Irving 65. Justin S:\cit 3 ydat a\Att omey\ORDWORK\CURREN1\070807 Suspending Cities.doc CITY SUSPENSION RESOLUTIONS Suspending Atmos' System-Wide Rate Increase (GRIP 4) 66. Kaufman 67. Keene 68. Keller 69. Kemp 70. Kennedale 71 Kerrville 72. Killeen 73. Krum 74. Lakeside 75. Lake Worth 76. Lancaster 77. Lewisville 78. Lincoln Park 79. Little Elm 80. Malakoff 81. Mansfield 82. McKinney 83. Mesquite 84. Midlothian 85. Murphy 86. Newark 87. Nocona S:\cit 4 ydat a\Att omey\ORDWORK\CURRENT\070807 Suspending Cities.doc CITY SUSPENSION RESOLUTIONS Suspending Atmos' System-Wide Rate Increase (GRIP 4) 88. North Richland Hills 89. N orthlake 90. Ovilla 91. Palestine 92. Pantego 93. Paris 94. Pecan Hill 95. PIano 96. Pottsboro 97. Prosper 98. Red Oak 99. Richardson 100. Robinson lOt. Rockwall 102. Roscoe 103. Rowlett 104. Sachse 105. Saginaw 106. San Angelo 107. Seagoville 108. Sherman 109. Snyder S:\cit 5 ydat a\Att omey\ORDWORK\CURREN1\070807 Suspending Cities.doc CITY SUSPENSION RESOLUTIONS Suspending Atmos' System-Wide Rate Increase (GRIP 4) 110. Southlake 111. Stamford 112. Stephenville 113. Sulphur Springs 114. Sweetwater 115. The Colony 116. Trophy Club 117. Tyler 118. University Park 119. Vernon 120. Waco 121. Watauga 122. Waxahachie 23.W Westlake 124. Whitesboro 125. White Settlement 126. Wichita Falls 127. W oodway 128. Wylie S~~ 6 ydat a\Att omey\ORDWORK\CURRENli070807 Suspending Cities.doc August 3, 2007 MEMO TO: FROM: SUBJECT: Geoffrey Gay, Kristen Doyle, Georgia Crump Karl Nalepa Atmos Energy Mid Tex 2006 GRIP Review On May 31,2007, Atmos Energy Mid Tex (Atmos or Company) filed its latest request for an interim rate adjustment for calendar year 2006 under the Gas Reliability Infrastructure Program (GRIP). The Company's proposed increase to current customer or meter charges is summarized in Table 1: Rate Schedule Charge per Month Rate R - Residential Sales $0.59 Rate C - Commercial Sales $1.48 Rate I - Industrial Sales $28.90 Rate T - Transportation $28.90 Table 1 RJ Covington Consulting (RJC) has reviewed this GRIP filing and has confirmed that Atmos has removed certain costs that were disallowed by the Texas Railroad Commission (RRC) in Atmos' most recent rate proceeding.) However, RJC has identified several other items which we believe are inappropriate to be recovered from ratepayers through this interim rate adjustment. Costs Removed The costs removed by Atmos in this filing2 consistent with the RRC order in the most recent rate proceeding are summarized in Table 2: Adjustment Amount Remove SSU 2006 Additions for Ancillary $ (107,520) Equipment (office furniture) Remove Mid- Tex 2006 Additions for Ancillary (100,317) Equipment (artwork, office furniture, equipment) .Adjustment for Changes in SSU Cost Centers (2,764,894) 2006 Overhead Allocations to Mid- Tex Reduction of Mid- Tex 2006 Capitalized (20,718,589) Overheads to 13.5% Remove Direct Expense Account Costs Included (254,511 ) in SSU 2006 Additions (see Table 3 for details) Remove Direct Expense Account Charges (26,130) Included in Mid-Tex 2006 Additions (see Table 3) Remove Expense Account Charges within SSU (219,956) Overheads Included in Mid- Tex 2006 Additions (see Table 3) Remove Expense Account Charges within (235,404) Business Unit Overheads Included in Mid- Tex 2006 Additions (see Table 3) Total $ (24427321) Table 2 1 GUD No. 9670, Order on Rehearing, June 13,2007. 2 Workpaper/Schedule A August 15,2007 3The amount of capitalized expense removed from the filing, detailed by type ofexpenditure,4 is shown in Table 3: Meals & Total Mid- Tex Entertain Misc. Other Personal Travel (Capital Allocate Lodging Expenses Expenses Vehicle Expense ) d SSU 243,162 119,196 51,818 11,916 2,134 224,832 653,059 254,511 Direct Mid-Tex 10,986 9,210 0 2,545 1,095 2,294 26,130 26,130 Direct SSU 333,567 505,954 395,624 10,967 0 654,093 585,196 219,956 Overhea d Mid- Tex 45,445 51,369 13,987 4,551 49,139 70,913 235,404 235,404 Overhea d Table 3 Additional Adjustments While Atmos did remove significant categories of costs disallowed by the Order in GUD 9670, it still included other costs that should be removed. These costs are summarized in Table 4: Table 4 Project Number Description Amount 080.19238 Purchase and install $46,638 telecommunication and security system for the Hillsboro Service Center 080.19239 Purchase and install $48,267 telecommunication and security system for the Gainesville Service Center 080.19806 Purchase furniture for the Boyd $147,382 Facility 010.11055 Purchase computer equipment - $555,187 hardware & software ADMIN 080 Asset transfer from Atmos $1,964,272 (retirement) Pipeline & Storage to Mid- Tex Adjustments General Office $140,756 Adjustments Customer Service $493,791 Total $3 396 293 Project 080.19238 31203 - Amarillo Customer Support Center, 1210 - Waco Customer Support Center, 1904 - Dallas Performance Plan, 1908 - Dallas Supplemental Executive Benefits Plan 4 Response to ACSC 1-5. 2 August 15,2007 According to Atmos' response to ACSC 1-12, this project is actually to purchase furniture and fixtures for the Hillsboro Service Center. Atmos has removed similar costs and hasn't shown why these particular costs remain in the filing. Project 080.19239 According to Atmos' response to ACSC 1-12, this project is actually to purchase furniture and fixtures for the Gainesville Service Center. Atmos has removed similar costs and hasn't shown why these particular costs remain in the filing. Project 080.19806 Atmos has removed similar furniture purchases, and hasn't shown why these particular costs should remain in the filing. Project 010.11055 According to Atmos' response to ACSC 1-23, this project relates to the purchase of computer equipment allocated to Mid Tex. The project was described as items purchased during the Mid Tex integration. While no invoices were provided, the acquisition of Mid Tex occurred in October 2004, with the transition occurring through 2005 - at least a year prior to the 2006 GRIP year. Based on the description of the assets, these purchases were made prior to the GRIP test year and should be removed. Project ADMIN 080 This project involves the transfer of existing assets from Atmos Pipeline to Mid-Tex. First, these plant costs were incurred prior to the GRIP test year, and are therefore ineligible under the GRIP statute.5 Second, even if the costs should be included, they represent the cost of retirement. Transferring an asset that is no longer used and useful to Mid- Tex just so its customers can bear the cost of retirement is not reasonable. Adjustments to General Office and Customer Service According to Atmos' responses to ACSC 1-28 and 31, Atmos claims adjustments to General Office and Customer Service plant in the amounts of$140,756 and $493,791, respectively, for a total adjustment of $634,547. This adjustment is the result of the change in the shared services allocations factors between 2005 and 2006. The 2005 factors for General Office and Customer Service were 36.95% and 48.50%, while the 2006 factors were 36.88% and 49.02%. Atmos revised the allocation factors based on changes in the component factors for 2006.6 This raises the question of whether allocation factors can be revised under GRIP. All other factors (such as return, 5 TEX UTIL CODE ~104.301 (b). 6 Response to ACSC 1-6. 3 August 15,2007 depreciation, taxes, and class allocations) are fixed until the next full rate proceeding,7 so it would be reasonable to expect that the factors used to allocate shared services expenses also be fixed from the last proceeding. Results Removing these additional categories of costs results in a reduction to 2006 net plant investment of $3.4 million. Applying this reduction to the rates as proposed by Atmos yields the revised charges reflected in Table 5: Rate Schedule Revised Charge per Month Difference Rate R - Residential Sales $0.57 $0.02 Rate C - Commercial Sales $1.44 $0.04 Rate I - Industrial Sales $28.07 $0.83 Rate T - Transportation $28.07 $0.83 Table 5 Atmos also proposed a revised methodology to calculate ad valorem taxes based on actual 2006 tax payments due to the recent changes in property tax law. If this alternative methodology is adopted, property-related taxes are reduced by $67,368, and the interim adjustment is reduced by a further $0.01 for commercial customers and $0.16 for industrial and transportation customers. The adjustment is too small to materially affect residential customers. Let me know if you have any questions. 7 TEX UTIL CODE ~ 104.301 (d). 4