DR 97-246 New Hampshire Electric Cooperative, Inc. Power Cost Adjustment Order Approving Increase in Power Cost Adjustment O R D E R N O. 22,829 January 9, 1998 APPEARANCES: Dean, Rice and Howard by Robert E. Dunn, Jr. Esq. on behalf of the New Hampshire Electric Cooperative, Inc.; Kenneth E. Traum for the Office of Consumer Advocate; James Cunningham and Thomas C. Frantz for the Staff of the New Hampshire Public Utilities Commission. I. PROCEDURAL HISTORY On November 26, 1997 New Hampshire Electric Cooperative, Inc. (NHEC) filed with the New Hampshire Public Utilities Commission (Commission) tariff changes to its Power Cost Adjustment (PCA) for effect January 1, 1998 through June 30, 1998. Supporting testimony and exhibits were included in NHEC's filing. NHEC also filed 2nd Revised Page 46, Rates for Purchases from Qualifying Facilities (QF). The short term QF rates proposed are the avoided energy rates of each of the four utilities from which NHEC purchases power. At a duly noticed hearing before Peter Kelley, Hearings Examiner, on December 16, 1997, NHEC Rate Analyst, Heather K. Saladino, testified in support of NHEC's proposed Power Cost Adjustment (PCA) factor. II. POSITIONS OF THE PARTIES AND STAFF A. NHEC In its pre-filed testimony, NHEC proposed an increase in its PCA factor from a credit of $0.00612 per kWh to a surcharge of $0.01934 per kWh effective on all bills rendered on and after January 1, 1998. The $0.02546 per kWh increase in the PCA factor equates to an overall average revenue increase of 18.7%. It is equal to the forecasted power costs which are not included in base rates, less any over-recovery from the prior PCA period, divided by the expected energy sales for the PCA period. NHEC based its PCA factor on a twelve-month period. Due to the end of a base rate recoupment surcharge, the overall average revenue effect is 18.1%. NHEC's forecasted power cost requirement for the twelve months of 1998 is $61,547,002 which does not include any costs or revenues associated with those NHEC ski areas served under special contract. An expected over-recovery of $552,350 as of January 1, 1998 and the over-recovery of $55,987 from the base rate surcharge which ends December 31, 1997 yields $60,938,665 of expected power costs to be recovered during 1998 of which $50,238,623 is collected through base rates. The short-fall, $10,700,042, divided by the forecasted 1998 sales of 550,624,205 kWh, yields a PCA rate of $0.01943 per kWh before interest on the over-recovery is subtracted to arrive at the proposed PCA factor of $0.01934 per kWh based on a 12-month PCA factor. The effect on a Residential Rate D customer who uses 500 kWh per month would be to increase the customer's monthly bill from $71.73 to $84.12. The increase in the PCA is due primarily from the increase in wholesale power costs purchased from Public Service Company of New Hampshire (PSNH) under the Amended Partial Requirements Agreement (APRA), as filed at and approved by the Federal Energy Regulatory Commission (FERC). PSNH supplies over 90% of NHEC's power needs. Under the APRA, the base energy rate from PSNH to NHEC will increase on January 1, 1998 from $0.0706 per kWh to $0.0802 per kWh. The base energy effect yields an increase by itself of approximately 1 cent per kWh to the PCA factor. PSNH also has proposed to increase its wholesale Fuel and Purchased Power Adjustment Charge (FPPAC) to NHEC from a credit of $0.00947 per kWh to a surcharge of $0.00210 per kWh for the period of January 1, 1998 through June 30, 1998. NHEC in its pre-filed testimony expected the wholesale FPPAC rate to remain in effect throughout 1998. The wholesale FPPAC change contributes over 1.1 cents per kWh to NHEC's proposed PCA increase. Other factors contributing to the PCA increase include the replacement power costs associated with the Maine Yankee nuclear power plant outage and subsequent permanent shut down. NHEC has a 0.7356% entitlement in Maine Yankee. Replacement capacity and energy are met from PSNH under APRA rates. The additional $4,600.000 of replacement capacity and energy adds 0.836 cents per kWh to NHEC's PCA costs. Offsetting the increased power costs by $2,000,000 is NHEC's discontinuance of its Maine Yankee payments on the grounds that the sponsors of Maine Yankee have violated the purchase power contract between Maine Yankee and NHEC. NHEC stated that it is escrowing the funds it would have paid to Maine Yankee pending the final outcome of the dispute. The Company seeks Commission approval to book those Maine Yankee costs as a regulatory asset which it would pay to Maine Yankee if ordered to by the FERC. At the hearing, NHEC proposed to amend its filing to reflect a six-month PCA factor. The change reduces the net increase in the PCA factor to $0.02225 per kWh for a net PCA factor of $0.01613 per kWh, an increase of 15.7% on average annual revenue including the end of the base rate surcharge as of December 31, 1997. B. OCA The OCA did not file testimony, but questioned NHEC's witness about its increase in costs associated with membership in the New England Power Pool (NEPOOL), the non-payment of Maine Yankee's bills to NHEC and the termination of the wholesale contract with Central Vermont Public Service Company (CVPS). NHEC filed to terminate its wholesale contract with CVPS in 1994 due to the high cost of the CVPS contract and the one-year notice provision in the contract. Later, after a bid solicitation for power to the delivery points served by CVPS, NHEC awarded CVPS a new wholesale contract at substantially reduced power costs. The OCA favored NHEC's proposal to modify its PCA filing based on a six-month factor. The effect of the change results in a rate increase of 15.7%. C. Staff Staff did not file testimony in the proceeding but questioned Ms. Saladino on a number of power cost issues, including NHEC's proposal to place the PCA factor in effect for 12 months rather than the usual six month period for PCA filings, the effect of PSNH joint dispatch savings on the PCA calculation, whether NHEC has analyzed if PSNH has over-earned under the APRA's Return-on-Equity Collar provision, the accounting treatment for the Maine Yankee costs not being paid by NHEC and the increase in NHEC's yearly dues as a New England Power Pool (NEPOOL) member from $500 to $120,000. Staff also questioned the status of NHEC's solicitation for QF power to replace PSNH power both as part of the APRA directly and as part of the replacement capacity and energy associated with the Maine Yankee outage and shut down. NHEC believes QF power could be used for both purposes pending a favorable decision by the FERC. III. COMMISSION ANALYSIS Based on our review of the record and the Hearing Examiner's report, we find that NHEC's amended proposal to increase its net Power Cost Adjustment factor to $0.01613 per kWh is appropriate for the period January 1, 1998 through June 30, 1998 and is in the public interest. The vast majority of the power cost increase is due to increases in costs from PSNH, NHEC's primary power supplier, under FERC approved wholesale rates. Although we are disturbed by the magnitude of the increase, and we encourage and support NHEC's efforts to reduce its power costs, the PCA factor we are approving today is determined largely by contract under FERC's jurisdiction. We will approve NHEC's proposal for a six-month PCA factor as well as allow it to defer recovery of the costs associated with the Maine Yankee shut down pending a final decision from the FERC. Should a FERC decision direct NHEC to pay Maine Yankee, NHEC will be allowed to recover those costs in a manner to be determined at that time. We will direct NHEC in its next PCA filing to include a description of the ISO-New England costs NHEC is incurring from PSNH and what measures, if any, it is taking to mitigate those costs. Based upon the foregoing, it is hereby ORDERED, that a Power Cost Adjustment factor of $0.01613 per kWh is APPROVED for all bills rendered on and after January 1, 1998 and shall remain in effect until the Commission orders otherwise; and it is FURTHER ORDERED, that the rates paid to Qualifying Facilities are APPROVED as filed in 2nd Revised Page 46; and it is FURTHER ORDERED, that New Hampshire Electric Cooperative, Inc. file a tariff in compliance with this order by January 19, 1998. By order of the Public Utilities Commission of New Hampshire this ninth day of January, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary