2010-039 ORD ATMOS SITES STEERING COMMITTEE AND ATMOS ENERGY NATURAL GAS RATESORDINANCE NO. 2010-039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE
ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING
COMMITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS
MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE REVIEW
MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL
JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE;
REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE
RATEMAKING EXPENSES; 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;
EXTENDING THE RRM PROCESS FOR TWO CYCLES AND ADOPTING A
NEW RRM TARIFF; RATIFYING THE SETTLEMENT AGREEMENT,
INCLUDING COST RECOVERY FOR A STEEL SERVICE LINE REPLACEMENT
PROGRAM; DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND
REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
STEERING COMMITTEE'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 and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC" or
"Steering Committee"), a coalition of approximately 148 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, pursuant to the terms of the agreement settling the Company's 2007
Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively
to develop the Rate Review Mechanism ("RRM") tariff that allows for an expedited rate
review process controlled in a three year experiment by ACSC Cities as a substitute to the
current GRIP process instituted by the Legislature; and
WHEREAS, the City took action in 2008 to approve a Settlement Agreement with
Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff;
and
Atmos RRM Ordinance
WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC
Cities' reasonable expenses associated with RRM applications; and
WHEREAS, on or about March 15, 2010, Atmos Mid-Tex filed with the City its third
application pursuant to the RRM tariff to increase natural gas rates by approximately $70.2
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 Settlement 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
should be changed; and
WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid-
Tex is able to justify a slight rate increase over current rates of $21 million; and
WHEREAS, Atmos Mid-Tex has commenced a program to replace steel service lines
based on a relative leak repair risk analysis; and
WHEREAS, the Steering Committee has entered a Settlement Agreement
("Attachment C" to this Ordinance) with Atmos Mid-Tex to: (1) increase base rate revenues
by $27 million; (2) extend the RRM process, with modifications for an additional two cycles
and to thereafter require the filing of a system-wide Statement of Intent rate case on or
before June 1, 2013; and (3) in the interim to allow current recovery of incremental direct
costs of the steel service line replacement program in rates set via this ordinance and in
future RRMs; and
WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants,
recommend that ACSC members approve the attached rate tariffs ("Attachment A" to this
Ordinance), which will increase the Company's revenue requirement by $27 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 and are just, reasonable, and in the public interest; and
WHEREAS, it is the intention of the parties that if the City determines 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 the
Company's Third RRM filing would be more beneficial to the City than the terms of the
attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits
shall additionally accrue to the City; and
WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting
rates are, as a whole, in the public interest.
Atmos RRM Ordinance 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
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 Atmos Mid-Tex shall reimburse the reasonable rate making
expenses of the ACSC Cities in processing the Company's rate application.
Section 4. That the Settlement Agreement, attached as Attachment C, which
includes in addition to resolution of the Third RRM: (1) extension of a modified RRM
process; (2) requirement that Atmos Mid-Tex file a system-wide Statement of Intent rate
case on or before June 1, 2013, and (3) current recovery of incremental direct costs for a
steel service line replacement program, is hereby ratified.
Section S. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 6. 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 7. 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 8. That if the City determines 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 the Company's Third RRM filing would be more
beneficial to the City than the terms of the attached tariff, then the more favorable rates,
revenues, terms and conditions, or benefits shall additionally accrue to the City.
Section 9. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 10. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
Atmos RRM Ordinance
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 11. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 12. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above-enumerated sections shall constitute
and be deemed a separate offense.
Section 13. That by a supermajority vote of 7 ayes and 0 nays, the City Council
voted to suspend the rule requiring two readings before adoption of this ordinance.
Section 14. That 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
October 1, 2009.
Section 15. 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.
PASSED A1VD ADOPTED on first and final readi this 27th day of September, 2010.
~
Will Biard, Mayor
ATTEST:
,
anice Ellis, City Clerk
APPROVED AS TO FORM:
.1_7~ e6z
W. Kent McIlyar, ity ttorney
Atmos RRM Ordinance 4
Exhibit A to Settlement Agreement
ATMOS ENERGY CORPORATION Attachment A to Ordinance
MID-TEX DIVISION
RATE SCHEDULE: R- RESIDENTIAL SALES
APPLICABLE T0: All Cities except the City of Dailas and all unincorporated areas
EFFECTIVE DATE: Bills Rendered on or after 10101/2010
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
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 catculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
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: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorparated
municipality.
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.
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: I C- COMMERCIAL SALES
Exhibit A to Settlement Agreement
Attachment A to Ordinance
APPLICABLE TO: I All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE: I Bills Rendered on or after 10/0112010
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial 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 rnonthly bill will be calculated by adding the following Customer and Mcf charges to the
amounts due under the riders listed below:
.
Charge
, . . _
. . Amount
,
Customer Charge per Bifl
$ 13.91 per month
Commodity Charge - All Mcf
$ 1.0796 per Mcf
Gas Cost Recavery: 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: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipaliry.
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.
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
Eahibit A to Settlement Agreement
pttachment A to Ordinance
RATE SCHEDULE:
I- INDUSTRIAL SALES
APPLICABLE TO:
All Cities except the City of Daflas and all unincorporated areas
EFFECTIVE DATE:
Bills Rendered on or after 1010112010
Application
Applicable 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
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day wiil 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, 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 calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge ;
. 'mount
-A
Customer Charge per Meter
$ 450.00 per month
First 0 MMBtu to 1,500 MMBtu
$ 0.2750 per MMBtu
Next 3,500 MMBtu
$ 0.2015 per MMBtu
All MMBtu over 5,004 MMBtu
$ 0.0433 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstrearn transportation costs calculated
in accardance with Part (a) and Part (b), respectively, of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
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)
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMStu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoirtt price for the Katy point listed in P/atts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Exhibit A to Settlement Agreement
Attachment A to Ordinance
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: I- iNDUSTRIAL SALES
APPLICABLE T0: All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE: I Bills Rendered on or after 10101/2010
Replacement Index
In the event the "midpoinY' or "common" price for the Katy point listed in Ptafts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, 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 applicable index.
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regufatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive senrice under Rate I; Customer must have the type of ineter required by Company.
Customer must pay Company alt costs associated with the acquisition and installation of the meter.
Exhibit A to Settlement Agreement
Attac6ment A to Ordinance
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: T - TRANSPORTATION
APPLICABLE TO: All Cities except the City of Dalias and all unincorporated areas
EFFECTIVE DATE: Bills Rendered on or after 1010112010
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural 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 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 bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Customer Charge per Meter
First 0 MMBtu to 1,500 MMBtu
Next 3,500 MMBtu
All MMBtu over 5,000 MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with
Rider RRM.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incarporated
municipality.
Tax Adjustment: Plus an arnount 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 quan i ies
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.
ATMOS ENERGY CORPORATION
M!D-TEX DIVISION
Eahibit A to Settlement Agreement
Attachment A to Ordinance
RATE SCHEDULE:
T - 7RANSPORTATION
APPLICABLE TO:
All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE:
Bills Rendered on or after 10I0112010
Monthly Imbalance 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 the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer's receipt quantities for the month.
Curtailment Overpull 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 curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoinY' or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, 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 applicable index.
Agreement
A transportation 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 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.
Exhibit A to Settlemeat Agreement
Attachment A to Ordinance
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RIDER:
WNA - WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO:
All Cities except the City of Dallas and all unincorporated areas _
~
EFFECTIVE DATE:
Biils Rendered on or after 10101/2010
7
E
Provisions far Adiustment
The base rate per Mcf (1,400,000 Btu) for gas service set forth in any Rate Schedules utilized by the
cities of the 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 Novernber through April. The
five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalizafion Adiustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Mcf by the following formula:
(HSFi x (NDD-ADD) )
WNAFi = Ri
(gLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAF, = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Mcf
Ri =
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 schedula or classification calculated as the
slope 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.
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.
gli =
base load sales for the ith schedule or classification calculated as the y-
ession of average sales per bill (Mcf) and actual
intercept of the linear regr
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 ith rate schedule is computed as:
WNA; = WNAF; x q;j
ATMOS ENERGY CORPORATION
MID-7EX DIVISION
Exhibit A to Settlement Agreement
Attachment A to Ordinaace
R{DER:
WNA - WEA7HER NORMALIZATION ADJUSTMENT
APPLICABLE TO:
All Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE:
Bills Rendered on or after 1010112010
Where qr is the relevant sales quantity for the jth customer in ith rate schedule.
Filinas with Entities Exercisinq 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 Adjustment, (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
bills, with customer information deleted, for each rate schedule or classification to which the WNA was
applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA
application, such data will be provided by the Company as part af the annual RRM filing.
If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be
filed with the entities exercising original jurisdiction shall be filed on March 1 of each year.
Base Use/Heat Use Factors
Residential
Commercial
Base use
Heat use
Base use
Heat use
Weather Station
Mcf
Mcf/HDD
Mcf
Mcf/HDD
Abilene
1.06
.0131
9•03
•0588
Austin
1.17
.0138
19.39
.0674
. Dallas
1.49
.0191
20.37
.0872
Waco
1.13
.0137
11.81
.0610
Wichita
1.19
.0136
11.21
.0549
Falls
Sample WNAFy Calculation:
.3352 per Mcf =
Where
i =
Ri _
(.0131
2.5246 x
(1.06
Residential Single Block Rate Schedule
2.5246 per MCF
HSFi = .0131 (Residential - Abilene Area)
x (30-17) )
+ (.0131 x 17) )
NDD = 30 HDD (Simple ten-year average of Actual HDD for Abilene Area - 8/15106
-10/14/Q6)
ADD = 17 HDD (Actual HDD for Abilene Area - 9/15/06 - 10/14/06)
gli = 1.06 Mcf (Residential - Abilene Area)
ATMOS ENERGY CORPORATION
MID-TEX DNISION
Exhibit A to Settlement Agreement
Attachment A to Ordinance
RIDER:
RRM - RATE REVIEW MECHANISM
APPLICABLE TO:
All Cities except the City ot Dallas and all unincorporated areas
EFFECTIVE DATE:
Bills Rendered on or after 10/0112010
1. Purpose:
This mechanism is designed to provide annual earnings transparency. All rate calculations under this
tariff shall be made on a system wide basis. If, through the implementation of the provisions of this
mechanism, it is determined that rates should be decreased or increased, then rates will be adjusted
accordingly in the rnanner set forth herein. The rate adjustments implemented under this mechanism will
reflect annual changes in the Company's cost of seroice and rate base. This Rider RRM will be effective
for the period commencing with the Company's RRM filing on April 1, 2011, and cpncluding with the
implementation of new, final rates established pursuant to the general rate case that Atmos will file on or
before June 1, 2013.
II. Definitions
a) The Annuat Evaluation Date shall be the date the Company will make its annual filing under this
mechanism. The Annual Evaluation Date shall be no later than April 1, of each year. This filing shall be
effective in electronic form where practicable.
b) Audited Financial Data shall mean the Company's books and records related to the Company's Mid-
Tex operating area and shared services operations. Audited Financial Data shall not require the
schedules and information provided under this tariff to undergo a separate financial audit by an outside
auditing firm similar to the Company's annual financial audit.
c) The Evaluation Reriod is defined as the twelve month period ending December 31, of each calendar
year.
d) The Rate Effective Period is defined as the later of the twelve month period for which rates
determined under this mechanism will be in effect or subsequent rates are implemented.
e) Per Connection Basis is defined as the existing average number of Mid-7ex active meters to
customers during the Evaluation Period.
f} Final Order is defined as the most recent order establishing the Company's latest effective rates for
the area in which the mechanism is implemented, and shall include municipal rate ordinances and
resolutions.
III. Rate Review Mechanism
The Company shall file with each regulatory authority having original jurisdiction over the Company's
rates the schedules specified below for the Evalua6on Period, with the filing to be made by the Annual
Evaluation Date following the end of the Evaluation Period. The schedules, which will be based upon the
Company's Audited Financial Data, as adjusted, and provided in the same farmat as Atmos' RRM filing
with municipalities on March 15, 2010, will exclude a true-up computation, but will include the following:
a) Evaluation Period ending balances for actual gross plant in service, accumulated depreciation,
accumulated deferred income taxes, inventory, working capital, and other rate base components
wifl be used for the calculation of rates for the Rate Effective Period. The ratemaking treatments,
principles, findings and adjustments included in the Final Order will apply. Regulatory
adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash
working capital will be calcuiated using the lead/lag days approved in the Final Order.
Accumulated deferred income taxes (ADIT) will be calculated using the methodology used in the
Final Order. The RRM Schedules & Information section of this tariff identifies those ADIT
components to be included in the calculation of rate base for both the Evaluation Period and Rate
Effective Period calculations.
Eghibit A to Settlement Agreement
Attachment A to Ordinance
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RiDER: RRM - RATE REVIEW MECHANISM
APPLICABLE TO: Ali Cities except the City of Dallas and all unincorporated areas
EFFECTIVE DATE: Bills Rendered on or after 1010112010
b) Depreciation rates booked in the period will be those approved in the Final Order, or the rate
most recently approved. All calculation methodologies will be those approved in the Final Order
except where noted or included in this tariff, or in the most recent order addressing the
methodology. In addition, the Company shall exclude from operating and maintenance expense
the discretionary costs to be disallowed from Rider RRM filings listed in the RRM Schedu{es and
Information section of this ta(ff.
c) Return on Equity (ROE) shaH be maintained at 9.7%
d} Cost of debt will reflect actual cost for the Evaluation Period. Evaluation Period ending balances
for cost of debt and capital structure will be used for the calculation of rates for the Rate Effective
Period. Capital structure will be the actual Evaluation Period ratio of long-term debt and equity,
with percentage equity not to exceed 50%, based on the calculation methodology outcomes used
above.
e) All applicable accounting adjustments along with all supporting work papers. Such adjustments
may include:
1) Praforma adjustments to update and annualize costs and revenue billing determinants
for the Rate Effective Period.
2) Pro-forma or other adjustments required to properly account for atypical, unusual, or
nonrecurring events recorded during the Evaluation Period.
f) Shared Services allacation factors shall be recalculated each year based on the latest component
factors used during the Evaluation Period, but the methodology used will be that approved in the
Final Order.
g) Any changes to corporate structure or allocation of common costs will include narrative
explanations with the filing.
IV Calculation of Rate Adiustment
a) The Company shall provide additional schedules indicating the following revenue
deficiency/sufficiency calculations using the methodology accepted in the Final Order with the
exception of any allowance for a true-up component in the April 9, 2011 or the April 1, 2012 RRM
filings. Evaluation Period ending balances will be used for the calculation of rates for the Rate
Effective Period. These schedules shall identify the rate adjustments necessary for the setting of
prospective rates for the Rate EffectNe Period. The result shall be reflected in the proposed new
rates to be established for the Rate Effective Period. In calculating the required rate adjustments,
such adjustments will be made pro-ratably to the customer charge and usage charge based upon
actual revenue generated, as adjusted under the Company's approved Weather Normalization
Adjustment (WNA) Rider. Provided, however, that neither the Residential nor the Commercial
customer charges rnay increase more than 20% per year.
b} The Company may also adjust rates for the Rate Effective Period to include recovery of any
known and measurable changes to operating and maintenance costs including, but not limited to,
payroll and compensation expense, benefit expense, pension expense, insurance costs,
materials and supplies, bad debt costs, medical expense, transportation and building and lease
costs foa~hare ea onable and ne ssaryaeAddtonally, tuaitydplant ~and rate base f
costs th or he Rate
Eghibit A to Settlement Agreement
Attachment A to Ordinance
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RIDER:
RRM - RATE REVIEW MECHANISM
APPLICABLE TO:
All Cities except the City of Dallas and all unincorporated areas -
EFFECTIVE DATE:
Bills Rendered on or after 1010112010
Effective Period will be established by using the Evaluation Period ending balances, including
associated changes in depreciation and amortization expense and taxes. In calculating the
Company's known and measurable changes for prospective RRM adjustment purposes, the
following limitations will apply, on a Per Connection Basis.
1. Operating and Maintenance expenses per connection for the Rate Effective Period
cannot increase more than 5% per year without specific identification and justification.
Any proposed adjustment above 5% per year, is subject to the provisions of the
Evaluation Procedures of this tariff. Such procedures provide that the regulatory
authority will review the proposed adjustment and that the Company and regulatory
authority will work collaboratively to seek agreement on the proposed adjustments to the
Company's schedules and proposed rates. Justification for such expenditures over the
cap shall include an event or combination of events beyond the control of the Company.
The beginning adjusted Operation and Maintenance expense per connection for the 2007
RRM Evaluation Period will be limited to not exceed $151 million divided by the
connections for the period. The increase in adjusted Operation and Maintenance
expenses per connection for the 2008 Rate Effective Period and the subsequent Rate
Effective periods cannot exceed 5% per year, without specific identification and
justification
2. Net plant investment per connection for the Rate Effective Period cannot increase more
than 5% per year without specific identification and justification. Any proposed
adjustment above 5% per year, is subject to the provisions of the Evaluation Procedures
of this tariff. Such procedures provide that the regulatory authority will review the
proposed adjustment and that the Company and regulatory authority will work
collaboratively to seek agreement on the proposed adjustments to the Company's
schedules and proposed rates. However, in performing a cap test to verify compliance,
the Company shall exclude any changes in net plant investment associated with federal,
state, or local mandates related to safety, compliance, or road moves, including steel
service line replacement program costs incurred prior to October 1, 2010. The initial
2008 rate will be set using net plant limited to not exceed [$1,243,607,206 divided by
average active meters for the 12 months ended June 30 2007] times 1.025 times the
average active meters for calendar year 2007. Subsequent filing calculations of net plant
investment will be made using the same method used in the Company's September 20,
2007 Statement of Intent except that Evaluation Period ending balances will be used for
net plant in the calculation of rates for the Rate Effective Period.
The rate increase limitations set forth in this tariff shall not preclude the Company ftom
recovering any excluded net plant costs during a subsequent Evaluation Period in which
the 5% limitation for net plant investment is not reached or in a subsequent Statement of
Intent case. To the extent that the Company seeks to recover any excluded net plant
costs during a subsequent Evaluation Period in which the 5% limitation for net plan#
investment is not reached or in a subsequent Statement of Intent case, the Company
shall identify these costs as a specific line item in the schedule accompanying the RRM
rate adjustment filing.
The regulatory authority may disallow any net plant investment that is not shown to be
prudently incurred. Approval by the regulatory authoriry of net plant investment pursuant
to the provisions of this tariff shall constitute a finding that such net plant investment was
prudently incurred. Such finding of prudence shall not be subject to further review in a
subsequent Evaluation Period or Statement af Intent filing.
Exhibit A to Settlement Agreement
Attachment A to Ordinance
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RIDER:
RRM - RATE REVIEW MECHANISM
APPLICABLE TO:
Ali Cities except the City of Dallas and ail unincorporated areas
EFFECTIVE DATE:
Bills Rendered on or after 1010112010
c) Notwithstanding the limitations in subparts IV (a) through (b) of this tariff, the Company shall be
entitled to separately adjust rates for the Rate Effective Period to include recovery for direct
incremental costs associated with a steel service line replacement program incurred on and after
October 1, 2010, a return on equity of 9.0% for such incremental costs as capitalized,
depreciation, and applicable taxes. Capital structure will be the actual Evaluation Period ratio of
long-term debt and equity, with percentage equity not to exceed 50%, based on the calculation
methodology outcomes used above. Rate recovery associated with a steel service line
replacement program shall be recovered through the Residential and Commercial customer
charges and shall not be subject to or included in the rate increase limitations set forth in IV (a)
through (b) of this tariff. Current year recovery factors are presumed to be $0.15 for residential
customers and $0.41 for commercial customerS. The rates will be adjusted annually, however, in
no case will the per customer monthly cost recovery factors attributable to a steel service line
replacement program exceed $0.44 for residential customers or $1.22 far commercial customers,
prior to or during the pendency of the Company's next Statement of In#ent case. Moreover, the
per customer amount attributable to cost recovery for a steel service line replacement program
shall be subject to review by the regulatory authority in a subsequent Evaluation Period and all
costs associated with a steel service line replacement program will be subject to a
prudence/reasonableness review in the Company's next Statement of Intent rate case.
d) The Company shall provide a schedule demonstrating the "proof of revenues" relied upon to
calculate the proposed rate for the Rate Effective Period. The proposed rates shall conform as
clasely as is practicable to the revenue allocation principles approved in the Final Order.
V. Attestation
A sworn statement shall be filed by the Company's Chief Officer in Charge of Mid-Tex Operations
affirming that the filed schedules are in compliance with the provisions of this mechanism and are true
and correct to the best of hislher knawledge, information and belief. No testimony shall be filed, but a
brief narrative explanation shall be provided of any changes to corporate structure or allocation of
common costs.
VI. Evaluation Procedures
The regulatory authority having original jurisdiction over the Company's rates shall have no less than
ninety (90) days to review the Company's filed schedules and work papers. The Company will be
prepared to provide all supplemental information as may be requested to ensure adequate review by the
relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of
supplemental information and such information shall be provided within ten (10) working days of the
original request. 7he regulatory authority may propose any adjustments it determines to be required to
bring the schedules into compliance with the above provisions.
During and following the ninety (90) day review period and a thirty (30) day response period, the
Company and the regulatory authority will work collaboratively and seek agreement on, the proposed
adjustments to the Company's schedule and proposed rates. If agreement has been reached by the
Company and the regulatory authority, the regulatory authority shall authorize an increase or decrease to
the Company's rates so as to achieve the revenue levels indicated for the Rate Effective Period. If, at the
end of the thirty (30) day response period, the Company and the regulatory authority have not reached
agreament on the proposed adjustments, the Company shall have the right to appeal the regulatory
authority's action or inactian to the Railroad Commission of Texas. Upon the filing of any appeal, the
Company shall have the right to implement the proposed RRM rate adjustment, including the adjustment
attributable to steel service line replacement program costs, subject to refund.
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
Ezhibit A to Settlement Agreement
Attachment A to Ord'►nance
RIDER:
RRM - RATE REVIEW MECHANISM
APPLICABLE TO:
All Cities except the City of Dallas and ail unincorporated areas -
EFFECTIVE DATE:
Biils Rendered on or after 1010112010
Rates establlshed pursuant to the Rate Review Mechanism, if approved as provided herein, shall be
effective on August 15 of each year.
VII Reconsideration and AaQeal
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under
Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007).
VIII. Notice
Notice of the annual Rate Review Mechanism filing shall be provided pursuant ta Section 104.103, TEx.
UnL. CoDE ANN. no later than forty-five (45) days after the Company makes its annual filing pursuant to
this tariff. The notice to customers shall include the following information:
a) a description of the proposed revision of rates and schedules;
b) the effect the proposed revision of rates is expected to have on the rates applicable to each
customer class and on an average bill for each affected customer;
c) the service area or areas in which the proposed rate adjustment would apply;
d) the date the proposed rate adjustment was filed with the regulatory authority; and
e) the Company's address, telephone number and website where information conceming the
proposed rate adjustment may be obtained.
IX. RRM Schedules and Information
a Accumulated Deferred tncome Tax ("ADIT") ttems To Be Recocinized in Rate Base
The following list identifies those ADIT components to be included in the calcufation of rate base
for both the Evalua6on Period and Rate Effective Period calculations:
Mid-Tex:
Gas Plant in Service
Insurance Accruals
Benefit Accruals
Deferred Expense Projects
Allowance for poubtful Accounts
Customer Advances
UNICAP Section 263A Costs (which shall be removed from Atmos Mid-Tex when these
costs are transferred to Atmos Pipeline Texas)
Regulatory Asset - Mid Tex
Regulatory Liability - Mid-Tex
Other Plant
SSU - Customer Support:
Gas Plant in Service
Eghibit A to Settlement Agreement
Attachment A to Ordinance
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RIDER: I RRM - RATE REVIEW MECHANISM
APPLICABLE TO: I All Cities except the City of Dallas and ail unincorporated areas
EFFECTIVE DATE: I Bitls Rendered on or after 1010112010
SSU - General Office:
Gas Plant in Service
Insurance Accruals
Benefits Accruals
Deferred Expense Projects
Prepaid Expenses
Regulatory Liability - Atmos 109
FAS 115 Adjustment
Treasury Lock Adjustment
Revenue Agent Report Carryforvvard Adjustments 1990-1985
Tax Net Operating Loss Credit Carryforwards
State Bonus Depreciation
R& D Credit Valuation Allowance
Other Plant
b Discretionarv Costs to Be Disallowed from Rider RRM fllinQs
The following types of employee reimbursed expenses and directly incurred costs are to be
removed from all expense and rate base amounts included within Rider RRM filings for the
Evaluation Period and for the Rate Effective Period:
Amounts incurred for travel, meals or entertainment o# employee spouses.
Amounts for air travel that exceed published cornmercial coach air fares.
Amounts incurred for hotel rooms exceeding $250 per night inclusive of taxes and fees
assessed on such rooms.
Amounts for alcoholic beverages.
Amounts paid for admission to entertainment, sports, art or cultural events, and all event
sponsorship costs.
Amounts for social club dues or fees.
Exhibit B to Setttemeat Agreement
Attachment B to Ordinance
ATMOS ENERGY CORP., MID-TEX DIVISION
SUMMARY OF CURRENT AND PROPOSED RATE STRUCTURE
TEST YEAR ENDING DECEMBER 31, 2009
(2010 RRM SETTLEMENT PROPOSAL)
Proposed
{Beginning
Line
No
Descri tion
Current
Oct 1}
.
(a)
(b)
(d)
1
2
Rate R
Customer Charge per month
$7.00
$7.00
3
4
Cansumption Charge per MCF
$2.2647
$2.5246
5
2008 RRM True-up per MCF
$0.0000
$0.0000
6
2009 RRM True-up per MCF
0.~ 0060
0.$ 0000
7
Total Consumption Charge per MCF
$2.2707
$2.5246
8
9
Rate C
Customer Charge per month
$13.50
$13.50
10
11
Consumption Charge per MCF
$0.9825
$1.0796
12
2008 RRM True-up per MCF
$0.0000
$0.0000
13
2009 RRM True-up per MCF
0.$ 0052
0.$ 0000
14
Totai Consumption Charge per MCF
$0.9877
$1.0796
15
16
Rate I & T
Customer Charge per month
$425.00
$450.00
17
18
Consumption Charge per MMBTU:
19
First 1,500 MMBTU
$0.2496
$0.2750
20
Next 3,500 MMBTU
$0.1820
$02015
21
Over 5,000 MMBTU
$0.0390
$0.0433
22
2008 RRM True-up per MMBTU:
23
First 1,500 MMBTU
$0.0087
$0.0000
24
Next 3,500 MMSTU
$0.0064
$0.0000
25
Over 5,000 MMBTU
$0.0014
$0.0000
26
2009 RRM True-up per MMBTU:
27
First 1,500 MMBTU
$0.0000
0000
$0
$0.0000
$0.0000
28
Next 3,500 MMBTU
000 MMBTU
Over 5
•
$0.0000
0000
29
,
30
Total Consumption Charge per MMBTU
31
First 1,500 MMBTU
~p 2583
188~
$0
$0.2750
$p,2015
32
IVext 3,500 MMBTU
000 MMBTU
5
•
$0.0404
$0.0433
33
,
Over
Exhibit B to Settlement Agreement
Attachment B to Ordinance
ATMOS ENERGY CORP., MlD-TEX DIYISION
CUSTOMER IMPACT OF PROPOSED RATES COMPARED TO CURRENT RATES
TEST YEAR ENDING DECEMBER 31, 2009
(2010 RRM SETTLEMENT PROPOSAL)
Line
Prospective
No.
Descri tion
Rabe Increase
(a)
(b)
1
Rate R
2
Consumption Charge per MCF
3
Change irom Current Rate
$0.2539
4
Billing Units for Spec~ed Period
78,500,000
5
Total Change in Base Revenue
g,g34,212
6
Associated Revenue Taxes
490 401
$1'
7
Total Rate Impact
24,613
$21,4
g
Number of Bifis for Specified Period
17,287,740
9
Average impact per Bill
24
10
Rate C
11
Consumption Charge per MCF
12
Change from Current Rate
$0.0919
13
Billing Units for Specified Period
49,500,000
14
Total Change in Base Revenue
$4,547,060
15
Associated Revenue Taxes
33g 9,966
16
Total Rate Impact
$4,887,026
445
436
1
17
Number of Bills for Specified Period
,
,
18
Average impact per Bill
$3.38
19
Rates 1&T - Customer Charge
20
Customer Charge
$25
60
21
Change from CuRent Rate
.
985
10
22
Billing Units for Specified Period
,
23
Total Change in Base Revenue
$274,625
20 533
24
Associated Revenue Taxes
$295
157,61
25
Total Rate Impact
,
26
Rates f&T -1st block
27
Consumption Charge per MCF
$0
0167
28
Change ftom Current Rate
.
655
597
10
29
Billing Units for Specifisd Period
,
,
30
Total Change in Base Revenue
$177,031
1g 3,236
31
Associated Revenue Taxes
266
$190
32
Total Rate Impact
,
33
Rates 1&T • 2nd block
34
Consumption Charge per MCF
$0
0131
35
Change from Cunent Rate
.
216
791
10
36
Billing Units for Specified Period
,
,
297
$141
37
Total Change in Base Revenue
,
0,564
38
Associated Revenue Taxes
862
$151
39
Total Rate Impact
,
40
Rabes I&7 - 3rd btock
41
Consumption Charge per MCF
$0
0029
42
Change from Current Rate
.
623
585
16
43
Billing Units for Specified Period
,
,
$47
655
44
Total Change in Base Revenue
,
$3,563
45
Associated Revenue Taxes
218
$51
46
Total Rate impact
,
47
Ratss I&T-Total
$688,504
48
49
Total Rate {mpact
Number of Bills for Specified Period
10,9$5
50
Average impact per Bill
$62.68
51
52
Total Change in Base Revenue
$25,121,880
142
527
000
53
Total Rate Impact (Inc. Rev. Taxes)
,
,
Exhibit B to Settlement Agreement
Attachment B to Ordinance
ATMOS ENERGY CORP., MID-7EX DIVISION
AVERAGE BILL COMPARISON- OCTOBER 1, 2010
TEST YEAR ENOING DECEMBER 31, 2008
OCT08ER 1, 2010
Line
CURRENT
PROPOSED CHANGE
1 Rate R 4.5 Mct
a
7,00
2
Customar cnarge
5
4
MCF
X
$2.2707 =
10.31
3
Consumption charge
.
5
4
MCF
X
E4.6303 =
21.03
4
RlderGCRPart A
.
4
5
MCF
X
50.6611 =
3.00
5
Rider6CR Part B
.
6
a
41.34
7
8
Sublotal
RidarFFBRiderTAX
$41.34
X
0.07477 =
3.09
$44.43
9
Total
~
10
$7.00
11
Customer charge
4
5
MCF
X
=
E2.5246
11.46
12
Consumpbon charge
.
4
5
MCF
X
$4.8303 =
21.03
13
RiderGCRPart A
.
4
5
MCF
X
$0.6811 =
3.00
14
Rider GCR Part B
.
15
. $42.49
16
17
Subrotal
Revenue-related Tax Reimbursement
-
$42.49
X
0.07477 =
.
3,18
$45.67
$1.24
18
Total
2.79%
19
.
20
.
CURRENT .
PROPOSED
CHANGE
21 Rate C dt 34.2 MCf
$13.50
22
Customarcharga
.
34
2
.
MCF
X
$0.9877 =
33.62
23
Consumptlon charge
.
34
2
MCF
X
$4.6303 =
158.57
24
RlderGCR Per1A
.
342
MCF
X
$0.5542 =
18.98
25
RidetGCR Part B
26
27
$224.87
28
29
Sublotal
Revenue{elateC Tax Reimbursemenl
$224.87
X
0.07477 =
$2~8_8~1
30
Total
31
$13.50
32
Customer charga
34
2
MCF
X
$1,0786 =
36.97
33
Consumptlon charge
.
MCF
X
E4.6303 =
57
34
Rider GCR Pert A
34.2
2
34
MCF
X
$0.5542 =
18 ~
35
Rider GCR Part B
.
36
$228.02
37
38
Subtotal
Revenue-related Tac Reimbursement
E228.02
x
o.07477 =
17.05
y~
$3.38
39
Total
~
1.40%
40
CURRENT
PROPOSED
CHANGE
41 R
a.(O 10 3467 MMBiU
5425.00
42
Cusromer charge
500
1
MMBTU
X
$0.2583 =
387.45
43
Consumptlon cherge
,
957
1
MMBTU
X
50.1884 =
368.69
44
Consunption charge
.
0
MMBTU
X
$0.0404 =
0.00
45
Consumplion charge
457
3
MMBTU
X
$4.6303 =
16,006.67
46
RiderGCRPart A
,
457
3
MMBTU
X
$0.3082 =
1,058.42
47
RlderGCR Part B
,
48
$18,246:23
49
SO
Subtotal
Ravenue-related Tax Reimbursement
$18.24623
X
0.07477 =
s'~
51
Total
52
8450.00
53
Customer charga
500
1
MMBTU
X
_
S0.2750
412.51
1
54
ConsumpUon cherge
.
957
1
MMBTU
X
$0.2015 =
394.3
00
55
ConsumpUon charge
,
0
MMBTU
X
$0.0433
0
56
Consumption charga
457
3
MMBTU
X
$4.8303 =
16,008.67
42
1 058
57
58
Rider GCR Part A
RiderGCR Part B
,
3,457
MMBTU
%
$0.3062 =
.
$18 0191
58
60
Sublolal
Reverwe-relared Tau Reimbunement
$18.321.91
X
0.07477 =
1369.86
379691.T7
$81.34
61
Total
0.41 %
62
CURRENT
PROPOSED
CHANGE
63 R
^_t• T0 5a80 MMBTU
$4 5.00
64
Customercharge
500
1
MMBTU
X
$02583 =
387.4
65
Consumptioncharge
,
1
957
MMBTU
X
$0.1884 =
388.69
66
Consumption charga
,
0
MMBTU
X
$0.0404 =
0•00
67
Consumptian cherge
457
3
MMBTU
X
$0.3062 =
1,059.42
68
RfderGCRPart B
,
69
$2,239.56
70
Subtolal
58
239
$2
X
0.07477 =
167.44
71
Revanue-related Tax Reimbursemant
.
,
y~,407.pp
72
Total
73
$450.00
$25.00
74
Customerchar98
5D0
1
MMBTU
x
02750 =
E~
412.51
31
394
S25.D6
$25.62
75
Consumptlon charga
,
957
1
MMBTU
X
$0.2015 =
.
0
00
76
Consumption eherpe
,
0
MMOTU
x
E0.0433 =
.
42
1
058
77
ConsumpGon charga
457
3
MMBTU
x
E0.3062 =
'
'
24
315
$2
78
79
Rider GCR PaA B
Subtolal
Revenue-relateG Tax Reimbursement
,
$2,3'15.24
X
0.07477 =
.
,
173.10
E2,488.34
$81.34
80
81
Total
3.38%
Exhibit B to Settlement Agreement
Attachment B to Ordinance
ATMOS ENERGY CORP., MID-TEX DIVIStON
CUSTOMER IMPACT OF PROPOSED RATES COMPARED 70 CURRENT RATES
(STEEL SERVICE REPLACEMENT PROGRAM)
Line
Prospective
No
Description
Rate Increase
-
(a)
(b)
1
Rate R
2
Monthly Customer Charge
3
Change from Current Rate
$0•15
4
Biiling Units for Specified Period
17,287,740
5
Total Change in Base Revenue
$2,593,161
6
Associated Revenue Taxes
193 880
7
Total Rate Impact
$2,787,041
8
Number of Bilis for Specified Period
17,287,740
9
Average Impact per Bill
$0.16
10
Rate C
11
Monthly Customer Charge
12
Change from Current Rate
$0.41
13
Billing Units for Specified Period
1,445,436
14
Total Change in Base Revenue
$592,629
15
Associated Revenue Taxes
$44.308
16
Total Rate Impact
$636,937
17
Number of Bills for Specified Penod
1,445,436
18
Average Impact per Bill
$0•44
19
20
Total Change in Base Revenue
$3,185,790
21
Total Rate Impact (Inc. Rev. Taxes)
$3,423,979
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Attachment C to Ordinance
SETTLEMENT AGREEMENT BETWEEN ATMOS ENERGY CORP. MID-TEX
DIVISION AND ATMOS CITIES STEERING COMMITTEE
WHEREAS, this settlement agreement is entered into by Atmos Energy Corp's Mid-
Tex Division and Atmos Cities Steering Committee ("ACSC") whase members include the
Cities of Abilene, Addison, Allen, Alvarado, Angus, Anna, Argyle, Arlington, Bedford,
Bellmead, Benbrook, Beverly Hills, Blossom, Blue Ridge, Bowie, Boyd, Bridgeport,
Brownwood, Buffalo, Burkburnett, Burleson, Caddo Mills, Canollton, Cedar Hill, Celeste,
Celina, Cisco, Cleburne, Clyde, College Station, Colleyville, Colorado City, Comanche,
Coolidge, Coppell, Corinth, Corral Ciry, Crandall, Crowley, Dalworthington Gardens, Denison,
DeSoto, Duncanville, Eastland, Edgecliff Village, Emory, Ennis, Euless, Everman, Fairview,
Farmers Branch, Farmersville, Fate, Flower Mound, Forest Hill, Fort Worth, Frisco, Frost,
Gainesville, Garland, Garrett, Grand Prairie, Grapevine, Haltom City, Haxker Heights, Haskell,
Hewitt, Highland Park, Highland Village, Honey Grove, Hurst, Iowa Park, Irving, Justin,
Kaufman, Keene, Keller, Kemp, Kennedale, Kerrville, Killeen, Krum, Lakeside, Lake Worth,
Lancaster, Lewisville, Lincoln Park, Little Elm, Lorena, Malakoff, Mansfield, McKinney,
Melissa, Mesquite, Midlothian, Murphy, Nocona, North Richland Hills, Northlake, Oakleaf,
Ovilla, Palestine, Pantego, Paris, Parker, Pecan Hill, Plano, Ponder, Pottsboro, Prosper, Quitman,
Red Oak, Reno {Parker County}, Richardson, Richland, Richland Hills, Roanoke, Robinson,
Rockwall, Roscoe, Rowlett, Sachse, Saginaw, Seagoville, Sherman, Snyder, Southlake,
Springtown, Stamford, Stephenville, Sulphur Springs, Sweetwater, Temple, Tenell, The Colony,
Tyler, University Park, Venus, Vernon, Waco, Watauga, Waxahachie, Westlake, Whitesboro,
White Settlement, Wichita Fa11s, Woodway, and Wylie.
WHEREAS, on March 15, 2010, Atmos filed with the ACSC Cities an application,
hereafter referred to as the 2410 RRM filing, to adjust rates pursuant to Rider RRM - Rate
Review Mechanism; and
WHEREAS, ACSC has hired experts and lawyers to analyze the rates proposed by
Atmos Energy Corp.'s, Mid-Tex Division ("Atmos" or "Company") in its 2010 RRM filing; and
WHEREAS, the Settlement Agreement resolves all issues between Atmos and ACSC
("the Signatories") regarding the 2010 RRM filing, which is currently pending before the ACSC
Cities, in a manner that the Signatories believe is consistent with the public interest, and the
Signatories represent diverse interests; and
WHEREAS, the Signatories believe that the resolution of the issues raised in the 2010
RRM filing can best be accornplished by each ACSC City approving this Settlement Agreement
and the rates, terms and conditions reflected in the tariffs attached to this Settlement Agreement
as Exhibit A;
NOW, THEREFORE, in consideration of the mutual agreements and covenants
established herein, the Signatories, through their undersigned representatives, agree to the
following Settlement Terms as a means of fully resolving all issues between the ACSC Cities
and Atmos involving the 2010 RRM filing:
Attac6ment C to Ordinance
Settlement Terms
1. Upon the execution of this Settlement Agreement, Atrnos and the counsel for the
ACSC cities will recommend that an ordinance or resolution be adopted to approve
this Settlement Agreement and implement the rates, terms and conditions reflected in
the tariffs attached to this Settlement Agreement as Exhibit A. (Attachment A to the
Ordinance ratifying this Agreement). Said tariffs should allow Atmos an additional,
prospective $27 million in annual revenue by implementation of rates shown in the
proof of revenues attached as Exhibit B. (Attachment B to the Ordinance ratifying this
Agreement). The uniform implementation of gas rates, terms and conditions
established by this Settlement Agreement shall be effective for bills rendered on or
after October 1, 2010.
2. In an effort to streamline the regulatory review process, Atmos and ACSC have agreed
to renew the Rate Review Mechanism ("Rider RRM") for a period commencing with
the Company's April 1, 2011 filing under this mechanism for the calendar year 2010,
effective August 15, 2011, and concluding upon the implementa.tion of new, final rates
established pursuant to the general rate case that Atmos will file on or before June 1,
2013. Rider RRM provides for an annual rate adjustrnent to reflect changes in billing
determinants, operating and maintenance expense, depreciation expense, other taxes
expense, and revenues as well as changes in capital investment and associated changes
in gross revenue related taxes. The revised RRM tariff is included in Exhibit A.
3. Notwithstanding the RRM rate adjustments that will occur pursuant to paragraph 2 of
this Settlement Agreement, Atmos and ACSC agree that on or before June l, 2013,
Atmos shall file a general, system-wide rate case for the Mid-Tex Division. During
the pendency of the general rate case, Atmos and ACSC agree that rate adjustments
associated with the RRM filing for calendar year 2011 shall be implemented on
August 15, 2012, and shall remain in effect until the earlier of either the issuance of a
final order by the Railroad Commission of Texas in the general rate case to be filed on
or before June l, 2013, or the entry of an agreed upon order resolving all issues
involved in the general rate case. The adjustments made or requested in the 5`h year
RRM sha11 not be considered precedent during the general rate case.
4. Atmos and ACSC further agree that for the period commencing March 1, 2010
through September 30, 2012, Atmos will expand its existing steel service line
replacement program to complete the replacement of 100,000 steel service lines within
its Mid-Tex Division during this period. Atmos and ACSC agree that a risk-based
approach should be adopted to a11ow replacement of the highest priority steel service
lines within this time period. Atmos agrees to provide the ACSC cities with quarterly
reports providing the nurnber and location of the lines replaced during the quarter.
Atmos agrees to coordinate with ACSC member cities to minimize disruption to cities'
rights of way without compromising the safety of residents of the cities.
5. Atmos and ACSC agree that costs incurred to replace steel service lines prior to
October 1, 2010 shali be included in the RRM rate adjustment calculation for the 2010
calendar year, and shall not be subject to or included in the rate cap limitations set
forth in subsection IV (a)-(b) of the Rider RRM tariff•
2
Attachment C to Ordinance
6. Atmos and ACSC agree that the projected incremental direct costs incurred to replace
steel service lines on or after October 1, 2010 shall be separately identified and sha11
not be subject to or included in the rate cap limitations set forth in subsection IV (a)-
(b) of the Rider RRM tariff. Atmos and ACSC fiu-ther agree that such projected direct
incremental costs incurred to replace steel service lines after October l, 2010, shall be
separately calculated and recavered as a discrete component of customer charges in the
Company's annual RRM filings as set forth below:
a. Atmos and ACSC agree that Atmos shall be entitled to separately adjust rates for
the Rate Effective Period as defined in the Rider RRM tariff to allow recovery of
the projected annual revenue requirement associated with direct incremental costs
to be incurred in connection with a steel service line replacement program, that
are not otherwise included within the RRM cost of service, including a return on
equity of 9.0% within the overall weighted cost of capital applied to net
investment (net plant additions, less accumulated depreciation and accumulated
deferred income taxes), depreciation,expense and applicable taxes;
b. Atmos and ACSC further agree that the capital structure used to calculate the steel
service line replacement rate adjustment will be the actual Evaluation Period (as
defined in the Rider RRM tariff) ratio of long-term debt and equity, with an
equity percentage not to exceed 50%;
c. Rate recovery associated with a steel service line replacement program shall occur
through an adjustment to the Residential and Comznercial customer charges.
Cunent year recovery factors as of October 1, 2010 shall be $0.15 for residential
customers and $0.41 for commercial customers. The rates will be adjusted
annually, however, Atmos and ACSC agree that in no case will the per customer
monthly cost recovery factors attributable to a steel service line replacement
program exceed $0.44 for residential customers or $1.22 for commercial
customers, either prior to or during the pendency of the general rate case Atmos
will file on or before June l, 2013.
d. Atmos and ACSC further agree that any per customer amount attributable to cost
recovery for a steel service line replacement program sha11 be subject to review by
the regulatory authority in a subsequent Evaluation Period as defined in the Rider
RRM tariff and all incremental costs associated with a steel service line
replacement program shall be subject to a prudence/reasonableness review in the
general rate case to be filed by Atmos on or before June l, 2013.
7. With respect to the Company's annual RRM filings, Atmos agrees to pay a11
reasonable and necessary expenses of each entity having original jurisdiction that are
incurred to review the Company's annual RRM filings. Atmos further agrees that in
calculating the proposed rate for any Rate Effective Period, the Company sha11 not
include: (1) any external legal, expert, or consultant costs to prepare and/or provide
supportive information related to its filing; or (2) reimbursements to original
jurisdiction entities.
8. Notwithstanding paragraph 7 of this Settlement Agreement, Atmos and ACSC agree
that in the event of an appeal of an original jurisdiction entity's decision regarding a
proposed RRM adjusttnent, recovery of rate case expenses shall be determined
Attachment C to Ordinance
according to Chapters 103 and 104, TEX. UTIL. CODE ANN. Further, in the event of
such appeal(s), Atmos sha11 recover any reimbursement made to the original
jurisdiction entity through a surcharge to all customer rates that are subject to the
Commission's juxisdiction in that proceeding or proceedings that might be joined
therewith, regardless of whether such reimbursements are made during the initial
review period or appeal period.
9. The ACSC Cities agree that they will not challenge the legal basis of the rates, terms,
and conditions reflected in Exhibit A, or any annual RRM adjustment that is
implemented pursuant to Rider RRM.
10. Atmos and the ACSC Cities further agree that the express terms of the Rider RRM are
supplernental to the filing, notice, regulatory review, or appellate procedural process of
the ratemaking provisions of Chapter 104 of the Texas Utilities Code. If the statute
requires a mandatory action on behalf of the municipal regulatory authority or Atmos,
the parties will follow the provisions of such statute. If the statute allows discretion on
behalf of the municipal regulatory authority, the ACSC Cities agree that they shall
exercise such discretion in such a way as to implement the provisions of the RRM
tariff. If Atmos appeals an action or inaction of an ACSC City regarding an RRM
filing to the Railroad Commission, the ACSC Cities agree that they will not oppose the
implementation of interim rates or advocate the imposition of a bond by Atmos
consistent with the RRM tariff. Atmos agrees that it will make no filings on behalf of
its Mid-Tex division utider the provisions of `IEX. UTIL. CoDE ANN. § 104.301 while
the Rider RRM is in place. In the event that a regulatory authority fails to act or enters
an adverse decision regarding the proposed annual RRM adjustment, the Railroad
Commission of Texas sha11, pursuant to the provisions of the Texas Utilities Code,
have exclusive appellate jurisdiction to review the action or inaction of the regulatory
authority exercising exclusive original jurisdiction over the RRM request. In addition,
the Signatories agree that this Settlement Agreement shall not be construed as a waiver
of the ACSC Cities' right to initiate a show cause proceeding or the Company's right
to file a Statement of Intent under the provisions of the Texas Utilities Code.
11. Atmos and ACSC further agree that the ordinance or resolution adopting this
Settlement Agreement shall include a provision authorizing Atmos to establish
regulatory asset account(s) for costs related to working gas in storage. Atrnos and
ACSC further agree that the language authorizing these regulatory asset account(s)
shall be the same as that set forth in the 4~' Ordering Paragraph (Page 10 of 11) of the
Final Order Nunc Pro Tunc issued by Railroad Commission of Texas in GUD No.
9869 on February 23, 2010. This language states as follows:
IT IS FURTHER ORDERED that Atmos shall be allowed to establish a
regulatory asset for the ad valorem taxes related to working gas in storage.
In addition, Atmos shall be allowed to establish a regulatory asset for (1)
the costs associated with Accumulated Defened Income Tax for LJNICAP
Section 263A, (2) the WACOG to FIFO change, and (3) an amount equal
to the rate of return approved in this RRM Proceeding for the
Accumulated Deferred Income Tax items related to working gas in
storage. Atmos shall record these amounts in Other Regulatory Assets
(Account 182.3). These defened items shall be considered, along with the
4
Attachment C to Ordinance
investment in working gas, for consideration and possible inclusion in
rates for Atmos Pipeline-Texas in that entity's next filed rate case. If the
Commission determines that such deferred items aze not properly included
in the rates of Atmos Pipeline - Texas, the items shall be further deferred
until the next Atmos Mid-Tex rate case filed after the fmal decision in the
Atmos Pipeline-Texas rate case for inclusion with the working gas
investment in the Atmos Mid-Tex rates.
12. Atmos and ACSC agree that each ACSC city should approve this Settlement
Agreement and adopt an ordinance or resolution to implement for the ACSC Cities the
rates, terms, and conditions reflected in the tariffs attached to this Settlement
Agreement as Exhibit A, as well as the regulatory asset authorization language
discussed in paragraph 12 of this Settlement Agreement.
13. The Signatories agree that the terms of the Settlement Agreement are interdependent
and indivisible, and that if any ACSC city enters an order that is inconsistent with this
Settlement Agreement, then any Signatory may withdraw without being deemed to
have waived any procedural right or to have taken any substantive position on any fact
or issue by virtue af that Signatory's entry into the Settlement Agreement or its
subsequent withdra.wal. If any ACSC ciTy rejects this Settlement Agreement, then this
Settlement Agreement sha11 be void ab' initio and counsel for the ACSC Cities shall
thereafter only take such actions as are in accordance with the Texas Disciplinary
Rules of Professional Canduct.
14. The Signatories agree that all negotiations, discussions and conferences related to the
Settlement Agreement are privileged, inadm.issibte, and not relevant to prove a.ny
issues associated with Atmos' 2010 RRM filing.
15. The Signatories agree that neither this Settlement Agreement nor any oral or written
statements made during the course of settlement negotiations may be used for any
purpose other than as necessary to support the entry by the ACSC Cities of an
ordinance or resolution implementing this Seitlement Agreement.
16. The Signatories agree that this Settlement Agreement is binding on each Signatory
only for the purpose of settling the issues set forth herein and for no other purposes,
and, except to the extent the Settlement Agreement governs a Signatory's rights and
obligations for futuTe periods, this Settlement Agreement shall not be binding or
precedential upon a Signatory outside this proceeding.
17. The Signatories agree that this Settlement Agreement may be executed in multiple
counterparts and may be filed with facsimile signatures.
Attachmeat C to Ordinauce
Agreed to tliis oQ day of August, 2010.
ATMOS
I3}l:
Attachment C to Ordinance
Agreed to this 20 4-L day of August 2010.
ATTORNEY FOR ATMOS TEXAS MUNICIPALITIES, WHOSE MEMBERS INCLUDE
THE CITIES OF ABILENE, ADDISON, ALLEN, ALVARADO, ANGUS, ANNA, ARGYLE,
ARLINGTON, BEDFORD, BELLMEAD, BENBROOK, BEVERLY HILLS, BLOSSOM,
BLUE RIDGE, BOWIE, BOYD, BRIDGEPORT, BROWNWOOD, BUFFALO,
BURKBURNETT, BURLESON, CADDO MILLS, CARROLLTON, CEDAR HILL,
CELESTE, CELINA, CISCO, CLEBURNE, CLYDE, COT.LEGE STATION, COLLEYVILLE,
COLORADO CITY, COMANCHE, COOLIDGE, COPPELL, CORINTH, CORRAL CITY,
CRANDALL, CROWLEY, DALWORTHINGTON GARDENS, DENISON, DES4T0,
DUNCANVILLE, EASTLAND, EDGECLIFF VILLAGE, EMORY, ENNIS, EULESS,
EVERMAN, FAIRVIEW, FARMERS BRANCH, FARMERSVILLE, FATE, FLOWER
MOUND, FOREST HILL, FORT WORTH, FRISCO, FROST, GAINESVILLE, GARLAND,
GARRETT, GRAND PRAIRIE, GRAPEVINE, HALTOM CITY, HARKER HEIGHTS,
HASKELL, HEWITT, HIGHLAND PARK, HIGHLAND VILLAGE, HONEY GROVE,
HURST, IOWA PARK, IRVING, NSTIN, KAUFMAN, KEENE, KELLER, KEMP,
KENNEDALE, KERRVILLE, KILLEEN, KRUM, LAKESIDE, LAKE WORTH,
LANCASTER, LEWISVILLE, LINCOLN PARK, LITTLE ELM, LORENA, MALAKOFF,
MANSFIELD, MCKINNEY, MELISSA, MESQUITE, MIDLOTHIAN, MURPHY, NOCONA,
NORTH RICHLAND HILLS, NORTHLAKE, OAKLEAF, OVILLA, PALESTINE,
PANTEGO, PARTS, PARKER, PECAN HILL, PLANO, PONDER, POTTSBORO, PROSPER,
QUITMAN, RED OAK, RENO (PA.RKER COUNTY), RICHARDSON, RICHLAND,
RICHLAND HILLS, ROANOKE, ROBINSON, ROCKWALL, ROSCOE, ROWLETT,
SACHSE, SAGINAW, SEAGOVILLE, SHERMAN, SNYDER, SOUTHLAKE,
SPRINGTOWN, STAMFORD, STEPHENVILLE, SULPHUR SPRINGS, SWEETWATER,
TEMPLE, TERRELL, THE COLONY, TYLER, UNIVERSITY PARK, VENUS, VERNON;
WACO, WATAUGA, WAXAHACHIE, WESTLAKE, WHITESBORO, WHITE
SETTLEMENT, WICHITA FALLS, WOODWAY, AND WYLIE
By:
Geoffrey
* Subject to approval by ACSC City Councils
STAFF REPORT
The City of Paris, along with approximately 148 other cities served by Atmos Energy
Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering
Committee ("ACSC" or "Steering Committee"). On or about March 15, 2010, Atmos Mid-Tex
filed with the City an application to increase natural gas rates pursuant to the Rate Review
Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex
2007 Statement of Intent to increase rates. This is the third RRM filing under a three year
experimental program.
The Atmos Mid-Tex RRM filing sought a$70.2 million rate increase. The City worked
with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its
request to increase rates. The Ordinance and attached rate and RRM tariffs are the result of
negotiations between ACSC and the Company to resolve issues raised by ACSC during the
review and evaluation of ACSC's RRM filing. The Ordinance resolves the Company's RRM
filing by authorizing an increase in the Company's base rate of $27 million effective for bills
rendered on or after October 1, 2010. Additionally, the Ordinance authorizes supplemental
revenue of $3.4 million to be recovered through the customer charge component of rates to cover
direct costs associated with a steel service line replacement program. The monthly bill impact
for the average residential customer will be a$1.40 increase (about a 3.15% increase in the total
bill).
The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC
Cities adopt the Ordinance implementing the rate change.
RRM Background:
The RRM tariff was approved by ACSC Cities as part of the settlement agreement to
resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. Atmos
Mid-Tex's current action represents the third filing pursuant to the three-year trial project known
as the RRM process. The RRM process was created collaboratively by ACSC and Atmos Mid-
Tex as an alternative to the legislatively authorized GRIP surcharge process. ACSC opposed
GRIP because it constituted piecemeal ratemaking, did not allow any reasonableness review, and
did not allow participation by cities or recovery of cities' rate case expenses. The RRM process
has allowed for a more comprehensive rate review and annual adjustment as a substitute for
GRIP filings during the three-year trial period specified by the tariff.
There are two components to the current RRM adjustment. The prospective component
adjusts rates for known and measurable changes in operations and maintenance ("O&M")
expense and net plant investment. Atmos Mid-Tex and ACSC agreed to cap changes to expenses
and invested capital at no more than five percent per year. 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, the Atmos Mid-Tex rate of return on equity and its
capital structure are frozen to 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 an employee's spouse, alcohol, sports events, entertainment,
Atmos RRM Ordinance Staff Report 1
arts and cultural events, sponsorship of sports, arts or cultural events, and social club
membership dues.
Purpose of the Ordinance:
Rates cannot change and the Settlement Agreement with Atmos Mid-Tex cannot be
implemented without passage of rate ordinances by cities. No related matter is pending at the
Railroad Commission. The purpose of the Ordinance is to approve rate tariffs ("Attachment A")
and Proof of Revenues ("Attachment B") that reflect the negotiated rate change pursuant to the
RRM process and to ratify a Settlement Agreement recommended by the ACSC Settlement
Committee and Executive Committee.
As a result of the negotiations, ACSC was able to reduce the Companv's requested
$70.2 million RRM increase to $27 million. Approval of the Ordinance will result in the
implementation of new rates that increase Atmos Mid-Tex's revenues effective October 1, 2010.
The Settlement Agreement ("Attachment C") to be ratified by the Ordinance authorizes
an extension of the RRM process, in modified form to eliminate the true-up component, for an
additional two annual filings. The Settlement Agreement also addresses the Atmos Mid-Tex
steel service line replacement program and authorizes current cost recovery via an adder to
residential and commercial customer charges.
Reasons Justifving Approval of the Nepotiated 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 $702 million increase requested by the
Company, ACSC consultants agree that the Company can justify an increase in revenues of $21
million. The agreement on $27 million is a compromise between the positions of the parties.
The Settlement Agreement includes an allowance for recovery of direct costs, excluding
overheads, of the steel service line replacement program. Current year recovery factors shall be
$00.15 for residential customers and $00.41 for commercial customers per month. The rates will
be adjusted annually, but shall be capped at $00.44 cents for residential customers and $1.22 for
commercial customers.
The alternative to a settlement of the RRM filing would be a contested case proceeding
before the Railroad Commission on the Company's current application, would take several
months and cost ratepayers millions of dollars in rate case expenses, and would not likely
produce a result 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.
Atmos RRM Ordinance Staff Report 2
Steel Service Line Replacement:
Under pressure from the Railroad Commission to establish a comprehensive program to
replace service lines that contain steel which is subject to corrosion and leaks, ACSC has worked
with Atmos Mid-Tex to establish a risk based approach to steel service line replacement that
accomplishes the following goals:
l. Replace all service lines throughout the Mid-Tex Region with the highest degree
of risk within two years;
2. Coordination between ACSC city members and Atmos Mid-Tex to minimize
disruption of rights of way without compromising safety;
3. To minimize and spread the rate impact on customers of the replacement
program, the service lines with little relative risk of leaks should be replaced over a 10-year
period; and
4. Current recovery of incremental (above and beyond normal maintenance and
repair addressed in RRM proceedings) direct (excluding Atmos Mid-Tex overheads) cost of
service line replacement should be permitted as an adder to customer charges.
Fulfillment of these goals in this case will lead to $00.15 and $00.41 added to residential
and commercial customer charges, respectively. The customer charge assessment may not
exceed $00.44 and $1.22 for residential and commercial customers, respectively, prior to the
entry of a Final Order in the next system-wide Statement of Intent rate proceeding.
Pursuant to the Settlement Agreement, 100,000 steel service lines will be replaced prior
to September 30, 2012.
Atmos RRM Ordinance Staff Report 3