DR 97-058 pennichuck water works, inc. Petition for Permanent Rate Increase Order Approving Settlement Agreement and Petition for Rate Consolidation O R D E R N O. 22,883 March 25, 1998 APPEARANCES: Gallagher, Callahan and Gartrell by David A. Garfunkel, Esq. for Pennichuck Water Works, Inc.; Ransmeier and Spellman by Dom S. D'Ambruoso, Esq. for Anheuser-Busch, Inc.; Amy L. Ignatius, Esq. for the Staff of the New Hampshire Public Utilities Commission. I. PROCEDURAL HISTORY Pennichuck Water Works, Inc. (Pennichuck) serves the southern New Hampshire area, operating a core system that serves Nashua and portions of Amherst, Merrimack, Milford, Hollis and Bedford, as well as 10 independent community systems serving portions of Epping, Derry, Bedford, Milford and Plaistow. On May 28, 1997, Pennichuck filed with the New Hampshire Public Utilities Commission (Commission) a petition for an increase in its rates and to consolidate the rates of the core and community systems, even though the systems are not physically interconnected. Anheuser-Busch, Inc. (AB), Pennichuck's largest customer, sought and was granted intervention. Pennichuck requested an overall 26.98% increase in permanent rates, on a consolidated system basis. In its testimony filed July 10, 1997, Pennichuck also requested a temporary increase in revenues overall, to be derived solely from core customers, which the Commission granted by Order No. 22,683 (August 18, 1997). The 5.12% increase in revenues, on a temporary basis, excluded the community systems and all commercial and municipal fire protection customers. This resulted in a 7.8% increase in rates to those core customers affected. Subsequent to the temporary rate order, on November 6, 1997, AB filed testimony of its expert witness, Ernest Harwig, opposing rate consolidation. Also on that date, Staff filed testimony of Douglas W. Brogan, James L. Lenihan and Mark A. Naylor. Staff witness Tracy B. Guyette filed testimony on November 13, 1997. On December 5, 1997, AB moved for permission to file rebuttal testimony, which Staff opposed. The Commission granted the request and on December 23, 1997, AB filed rebuttal testimony of Mr. Harwig. Also on that date, Pennichuck filed rebuttal testimony of Stephen J. Densberger and its consultant Janice A. Beecher. On January 6, 1998, AB moved to strike Dr. Beecher's testimony, which Pennichuck opposed. The Commission denied the motion to strike. On January 22, 1998, AB filed surrebuttal testimony of Mr. Harwig and on the following date, Staff filed surrebuttal testimony of Mr. Brogan. On January 30, 1998, Pennichuck and Staff submitted a Settlement Agreement on all issues except rate consolidation. The Commission took evidence on the Settlement Agreement and the contested issue of rate consolidation on February 3 through 5, 1998. II. SETTLEMENT AGREEMENT The Settlement Agreement addressed all issues except rate consolidation. Revenue requirements were calculated for the systems on a stand alone basis, with Pennichuck's explicit statement that it did not agree to stand alone calculations. AB did not participate in the settlement negotiations on any issue other than rate consolidation and took no position on the Settlement Agreement. Revenue deficiency for the core was set at $511,230 and at levels for the community systems ranging from ($7,158) to $41,791, based on stipulated rate base and net operating income for the core and community systems (found as attachments to the Settlement Agreement). Pennichuck and Staff agreed on an allowed return on common equity of 10.35%, a cost of long term debt of 7.41%, cost of short term debt of 7.43%, and a treatment of a parent company infusion as short term debt, producing an overall cost of capital of 8.34%. The proposed revenue increase would be collected on all but private and municipal fire protection customers, based on a recent review of Pennichuck's 1992 cost of service study that indicated an over-collection of fire protection charges. Pennichuck and Staff recommend, therefore, that fire protection rates remain at their present levels. Pennichuck and Staff also agreed to a step adjustment to occur simultaneously with the increase in permanent rates, to reflect plant additions completed on or before December 31, 1997 that were made in conformance with the Safe Drinking Water Act or mandated by the City of Nashua and/or the State for highway work, or any projects in which $50,000 or more was expended on non-revenue producing items. In addition, the step adjustment would reflect one year's accumulated depreciation and related deferred taxes and one year's depreciation expense and property taxes in connection with the approved plant additions. Again, private and municipal fire protection customers would be excluded from the increase. The proposed permanent rate increase, excluding the step adjustment, is the same as that approved by the Commission for temporary rates; therefore there would be no recoupment for the difference between temporary and permanent rates. Rate case expenses, however, would be surcharged over a 12 month period. The actual amount of rate case expenses will be determined after review of a compliance filing Pennichuck is to submit upon issuance of this order. Finally, regarding depreciation, Pennichuck and Staff agree to use the "whole life" rather than Pennichuck's proposed "average remaining life" methodology, for an annual depreciation expense of $1,272,791, which results in an annual composite depreciation rate of 2.44%. III. POSITIONS OF THE PARTIES AND STAFF ON RATE CONSOLIDATION A. Pennichuck and Engineering Staff Pennichuck sought to consolidate all of the community systems into one set of rates, even though the systems are not physically interconnected. Applying the settlement figures, including the step adjustment, the consolidated rate would be approximately $253 per year for the average residential user. By contrast, again applying the settlement revenue requirements but keeping the rates on a stand alone basis would result in an average residential core rate of $245 per year; the community systems' rates would range from $291 to $1,166 per year. Single family residential customers in the core system, therefore, would pay an additional $8 per year under the rate consolidation proposal, while most of the community system customers would see a decrease in their bills. In support of the rate consolidation proposal, Pennichuck argued that the community systems would benefit from Pennichuck's ability to upgrade or repair facilities as necessary to meet environmental mandates without fear of overwhelming community systems' customers. Because the community systems are small (ranging from 29 to 458 customers), any significant capital improvement can result in a significant increase in rates. Pennichuck anticipates reduction in regulatory and accounting expense if the systems are consolidated, and predicts that with rate consolidation it would be better able to consider purchase of small systems in the future, as the Commission has encouraged. Pennichuck's consultant, Janice A. Beecher, testified that commissions have ruled both ways on rate consolidation proposals, and found merit in Pennichuck's request. In her view, Pennichuck's community systems are simply too small to be viable on a stand alone basis. Staff engineer Douglas W. Brogan testified in support of Pennichuck's proposal, concluding that the viability of the systems and their ability to come into and remain in conformance with environmental standards would be greatly enhanced by consolidation with the core. He analyzed characteristics of the systems and asserted that they bore strong similarities to the core, further bolstering the arguments for rate consolidation. He distinguished this proposal from the Consumers New Hampshire water system in which unhappiness with rate consolidation was the source of much of the impetus for the town of Hudson purchase of Consumers New Hampshire's assets. According to Brogan, the Consumers New Hampshire systems had different characteristics than the Pennichuck systems. Further, Consumers New Hampshire's service and water quality and utility management were not on a par with that of Pennichuck. Brogan stated he would not support rate consolidation in all cases, but that the particular circumstances in this case justified approval of the request. He felt the approximately $8 per year increase to single family residential core customers under rate consolidation was justified by the benefits that accrued to all Pennichuck ratepayers, and the overall rate of $253 per year was just and reasonable. B. Anheuser-Busch, Economics and Finance Staff AB, Pennichuck's largest industrial customer, opposed the rate consolidation proposal. AB's consultant Ernest Harwig argued that consolidation of rates, also known as single tariff pricing (STP), was unwise regulatory policy because it breaks the connection between rates and costs. It changes the economics for water conservation, especially in the community systems, because the rate decreases produced by STP weaken the incentive to conserve. Mr. Harwig indicated that the subsidy to be paid by AB would be $20,000 annually, and he rejected the notion that Pennichuck is one large consolidated operation because of the differences between demand characteristics of the core system and those of the community systems. Applying the Settlement revenues and assuming rate consolidation is approved, AB's yearly charge (pursuant to a special contract) would increase by $99,990, from $481,417 to $581,407. Without rate consolidation, the increase would be approximately $20,000 less, as testified by Mr. Harwig. The Commission's Acting Finance Director, Mark A. Naylor, testified in opposition to the proposal, arguing among other things that by blending the rates there would be no tracking of the specific costs of each system. In response, Pennichuck stated that while it would not keep full books on each system, it would record and make available all costs on a system by system basis. Naylor questioned Pennichuck's anticipated savings in regulatory and accounting costs for two reasons: 1) it could not quantify those savings and did not provide for any savings in this rate filing, and 2) its response noted above that it would track the costs of each system and this would appear to erode the anticipated savings. Mr. Naylor also testified that, unlike other regulated utilities which are moving toward deregulation as a result of alternative choices in "supplies" of product, water is unique in not enjoying such supply alternatives, and price signals to customers become even more critical in properly managing water resources. Staff Economist James L. Lenihan also opposed consolidation on the ground that the systems are not physically interconnected and, therefore, should not have rates set on a consolidated basis. According to Lenihan, the community systems should remain on a stand alone basis in order to reflect true costs of each system. The "subsidy" by core customers, although small, would be inappropriate. IV. COMMISSION ANALYSIS We have reviewed the Settlement Agreement and testimony and conclude that the Settlement Agreement is a sound resolution of the rate case issues. We recognize that Pennichuck has faced extraordinary costs due to highway and other construction work mandated by the State and the City of Nashua. These capital intensive, non-revenue producing projects have put a strain on the company, in part prompting us to approve a 5.12% increase in revenues on a temporary basis in August, 1997. In addition, we recognized that the mandates of the Safe Drinking Water Act or other environmental standards have required significant investments in both the core and community systems. Because of the magnitude of some of these investments, we will accept the recommendation that we approve a simultaneous step adjustment on the effective date of the permanent rate increase, for certain specified improvements. To do otherwise would force Pennichuck to file another rate case relatively soon, which ultimately is a cost borne by ratepayers. For projects completed in 1997 that meet the threshold criteria, we will approve the step adjustment. While New Hampshire law is replete with references to the appropriate standard for establishing a utility's rate base and rate of return, there appears to be no specific guidance on the point of rate consolidation or single tariff pricing. Thus, in the absence of any legal impediment to utilizing single tariff pricing, our decision essentially becomes one of policy that is bound only by our statutory constraints that rates be just and reasonable and that we act in the public interest. See RSAs 374:2 and 378:28. Opponents of rate consolidation in this case argue that we should adhere to our traditional ratemaking policy of cost causation. We find their position unpersuasive in this case for two reasons. First, traditional cost of service regulation already includes some measure of rate averaging in that customers are not charged the true costs of serving them on an individual basis. Second, and perhaps more important, stand alone rates in this case produce results for some customers that are well beyond the zone of "just and reasonable". One needs only to look at the stand alone rates that would result from the Settlement Agreement to see just how extreme the results are when significant investments are required in a very small system. Most of the community systems are simply too small to absorb the magnitude of investments mandated by environmental enactments. However, without these investments, it is clear that the small community systems would have been unable to provide safe and adequate water service to their customers. We do not believe it would be in the public interest to impose annual rates in the range of $800 to $1200, as would be the case here, when a reasonable alternative is available. By consolidating the community systems with the core system for ratemaking purposes, all customers would face a uniform tariff which, for the average residential customer, would be approximately $253 per year. The rates for the average residential customer in the core system would increase less than $1.00 per month, for a total of $8 per year, under the rate consolidation proposal which, in light of the alternative, we find to be acceptable. We consider a single tariff rate of approximately $253 per year for the core residential customer to be just and reasonable. A consolidated rate will ensure affordability and the continued viability of many of Pennichuck's community systems. It will also enable Pennichuck to operate in a more administratively efficient manner by eliminating separate general ledgers for each system, thereby reducing administrative costs. Although we are approving the rate consolidation proposal, we share the concerns of Mr. Naylor that there is a risk that there will be inadequate information tracked on a community system basis and, as a result, a troubled system, or over-investment, could escape the scrutiny of management and regulators. We accept the commitment of Pennichuck to record costs on a system specific basis. We find that all investments that are the subject of this proceeding have been prudently incurred and that the facilities are used and useful in the provision of public utility service. The result of the rate consolidation proposal and the Settlement Agreement, including the step adjustment, will be an additional increase of 12.97% for customers (excluding fire protection customers) for bills rendered on or after April 1, 1998. Together with the temporary rate increase approved in August, 1997 (which mirrors the permanent rate increase approved by this order) Pennichuck will see a total 16.77% increase in revenues and general metered core customers will see a total 20.77% increase in rates over those in effect prior to the filing of the rate case in the summer of 1997. The billing impact for core customers as of April 1, 1998, however, will be 12.97%, given that 7.8% of the increase has already been included in rates as of the temporary rate order last August. As of April 1, 1998, community system customers will see increases or decreases in their bills according to whether their community system rate had been above or below the consolidated rate of approximately $253 per year. Finally, we emphasize that by approving rate consolidation in this case, we are not accepting it as a generic policy for all water companies. Based upon the foregoing, it is hereby ORDERED, that the Settlement Agreement reached between Pennichuck and Staff is APPROVED; and it is FURTHER ORDERED, that Pennichuck's rate consolidation proposal is APPROVED; and it is FURTHER ORDERED, that Pennichuck shall file its final rate case expense request within five days for Staff review and Commission consideration; and it is FURTHER ORDERED, that Pennichuck shall submit a compliance tariff within five days in conformance of this order. By order of the Public Utilities Commission of New Hampshire this twenty-fifth day of March, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary