DR 98-093 New Hampshire Electric Cooperative, Inc. Power Cost Adjustment Report and Supplemental Order Approving Increase in Power Cost Adjustment O R D E R N O. 22,991 August 3, 1998 APPEARANCES: Dean, Rice and Kane by Ann Davidson, Esq. on behalf of the New Hampshire Electric Cooperative, Inc.; Office of Consumer Advocate by Kenneth E. Traum on behalf of residential ratepayers; and Todd M. Bohan and James J. Cunningham Jr. for the Staff of the New Hampshire Public Utilities Commission. I. PROCEDURAL HISTORY On May 26, 1998, New Hampshire Electric Cooperative, Inc. (NHEC) filed with the New Hampshire Public Utilities Commission (Commission) a request and supporting testimony and exhibits to increase its Power Cost Adjustment (PCA) factor from $0.01613 to $0.02670 for effect July 1, 1998 through December 31, 1998. NHEC also filed short term rates for purchases from Qualifying Facilities (QF). The proposed short term QF rates are based on the avoided energy rates of each of the four utilities from which NHEC purchases power. A duly noticed hearing was held before the Commission on June 16, 1998. POSITIONS OF THE PARTIES AND STAFF A. NHEC In its pre-filed testimony, NHEC proposed an increase in its PCA factor from the current charge of $0.01613 per kWh to a charge of $0.02670 per kWh effective on all bills rendered on and after July 1, 1998. The $0.01057 per kWh increase in the PCA factor equates to an overall average revenue increase of 6.7 percent. NHEC's forecasted power cost requirement for the six month period is $31,325,134. In accordance with Order No. 21,812, the forecasted power costs do not include any costs or revenues associated with those NHEC ski areas served under special contract pursuant to tariffs on file with the Federal Energy Regulatory Commission. In addition to the projected power cost requirement, there is an expected under-recovery of $435,277 as of June 30, 1998, which yields $31,760,411 of expected power costs to be recovered during the July through December 1998 PCA period. Removing $24,600,555 of these costs, which are already included in base rates, leaves a balance $7,159,856, which when divided by the forecasted sales of 268,515,176 kWh's, yields a PCA rate of $0.02666 per kWh before interest. Adjusting for interest on the under-recovery results in an additional $0.0004 which is added to $0.02666 to arrive at the proposed PCA factor of $0.02670 per kWh for the 6-month PCA factor. The NHEC estimates a customer using 500 kWh per month on Residential Rate D will see an increase in rates from $82.52 to $87.86. The NHEC testified the increase in the PCA is caused by several factors; 1) an increase in PSNH's Wholesale Fuel and Purchased Power Adjustment Clause (FPPAC) surcharge that contributes $0.00408 per kWh to the PCA increase, 2) the addition of Maine Yankee litigation costs to the PCA that contributes $0.00103 per kWh to the increase, and 3) the under-recovery balance forecast that contributes $0.00378 per kWh to the increase. B. OCA The OCA did not file testimony, but questioned NHEC's witness about PSNH deferred costs, QF rates and the potential PCA impact if QF power rates were to displace PSNH APRA power rates, trigger impacts for the PCA, if any, and legal costs. C. STAFF Staff did not file testimony in the proceeding but questioned the Company witness about NEPOOL allocations, deferral of costs of Maine Yankee and deferral of PSNH wholesale power costs and legal costs amounting to an estimated $277,000 that are included in the PCA filing. At the conclusion of the hearing Staff placed its positions on the record. Staff argued that legal costs should not be included in the PCA because legal costs are administrative costs and not direct power costs. Staff contended that only power costs should be considered for recovery in the PCA and that legal costs are generally considered for recovery in base rates. Staff concluded that based on information provided by the Company, the PCA factor, when adjusted to exclude $277,000 for legal costs, is reduced by $0.00103 from $0.02670 per kWh to $0.02567 per kWh. The reduced PCA factor of $0.02567 per kWh equates to a reduction in the overall average revenue increase from 6.7 percent to 6.1 percent. Staff recommended that the Commission approve the proposed PCA rate as modified to exclude legal costs. Regarding QF rates, staff recommended that the proposed QF rates be approved. II. COMMISSION ANALYSIS The PCA factor is based on the forecasted costs of power, which are not included in base rates, less any over- or under-recovery from the prior PCA period. These costs are then divided by the expected energy sales for the upcoming time period to arrive at the appropriate rate. Under RSA 378:3-a,I fuel adjustment charges are defined as those just and reasonable costs that cover increases and decreases in the costs of purchased electric power. We find the proposed PCA factor just and reasonable with the exception of the attorney's fees incurred with regard to Maine Yankee. We agree with Staff that the removal of these costs from the PCA factor is appropriate. Although the Commission authorized the recovery of expenses for attorneys fees and consulting fees through the PCA factor in another NHEC case, 80 NHPUC 428 (1995), that case is distinguishable because the expenses related to securing lower cost power. In addition, in that case the Commission indicated that in general these types of costs are more appropriately recovered in a base rate proceeding. In the case at hand, the expenses which NHEC seeks to recover do not relate to purchasing power; they relate instead to contesting contractual obligations. Under RSA 378:3-a,I, fuel adjustment charges are defined as those which cover increases and decreases in the costs of purchased electric power. We do not believe in this case that there is the necessary nexus between these legal fees and power purchases to justify their inclusion in a fuel or power adjustment clause. Rather, we believe these are the type of costs incurred in contractual disputes that are part of the normal operating expenses of a utility that should be included in and recovered through base rates. Based upon the foregoing, it is hereby ORDERED, that the New Hampshire Electric Cooperative Inc. is authorized to collect a Power Cost Adjustment (PCA) factor of $0.02567 per kWh; and it is FURTHER ORDERED, that the short term avoided cost rate for qualifying facilities is set as follows for this PCA period at the respective delivery points: Public Service Company of NH Base Energy 8.153¢ FPPAC .607¢ Central Vermont Public Service Base Energy 1.923¢ New England Power Company Base Energy On-Peak 2.685¢ Off-Peak 1.669¢ All Hours 2.087¢ Fuel Clause varies Green Mountain Power Corp. Base Energy 3.96¢ Fuel Charge varies By order of the Public Utilities Commission of New Hampshire this third day of August, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Claire D. DiCicco Assistant Secretary