DR 98-206 DC 98-198 Connecticut Valley Electric Company Fuel Adjustment Charge and Purchased Power Cost Adjustment Order Approving Temporary Rates and Continuing Proceeding O R D E R N O. 23,098 January 4, 1999 APPEARANCES: Kenneth C. Picton, Esq. and Ransmeier & Spellman by Dom S. D'Ambruoso and John T. Alexander, Esquires for Connecticut Valley Electric Company; McLane, Graf, Raulerson & Middleton by Steven V. Camerino, Esq. for the City of Claremont; Michael E. Holmes, Esq. Of the Office of Consumer Advocate on behalf of residential ratepayers; and Robert J. Frank, Esq. for the Staff of the New Hampshire Public Utilities Commission. I. PROCEDURAL HISTORY On November 10, 1998, the City of Claremont, pursuant to RSA 378:7, filed a Complaint and Petition against Connecticut Valley Electric Company (CVEC or Company) in which it requested that the Commission find the continued purchases of power from CVEC's parent company, Central Vermont Public Service Company, (CVPS), imprudent and therefore that the rates of CVEC are unjust and unreasonable and should be reduced. CVEC responded to the City of Claremont's complaint on November 20, 1998. CVEC argued in its Motion to Dismiss that the City of Claremont was making the same pleading that was contested in DR 97-241, CVEC's 1997 Fuel Adjustment Clause/Purchase Power Cost Adjustment (FAC/PPCA) filing, which resulted in an injunction by the Federal District Court. Based on the injunction, CVEC argued the Commission is barred from taking any action which interferes with CVEC's ability to recover through retail rates the RS-2 costs charged to it by CVPS. The City of Claremont responded to CVEC on November 30, 1998. On November 24, 1998, CVEC filed its annual FAC/PPCA rates effective January 1, 1999. On December 3, 1998, the Commission issued an Order of Notice setting a hearing in DR 98- 206 for December 17, 1998. On December 9, 1998, the Commission through a letter from the Executive Director and Secretary consolidated the two dockets and made the City of Claremont a party to docket DR 98-208. On December 14, 1998, the City of Claremont filed a letter proposing to limit the scope of the proceeding to the mathematical calculation of CVEC's FAC/PPCA filing and to defer consideration of other matters, such as prudence, pending the final outcome of any requests for reconsideration from the December 3, 1998 decision from the First Circuit Court of Appeals, which vacated a preliminary injunction of the Federal District Court. On December 15, 1998, the Commission notified the parties that the scope of the proceeding would be limited in accordance with the City of Claremont's December 14, 1998 proposal to limit scope. The Secretarial Letter of December 15, 1998 superseded the December 9, 1998 Secretarial Letter. At the hearing, testimony was presented by Robert J. Amelang, Consultant in the Power Engineering Group for CVPS; James C. Cater, Senior Consultant for Strategic and Economic Analysis at CVPS; and C.J. Frankiewicz, Financial Analysis Team Leader for CVPS. Briefs were filed by CVEC, the City of Claremont and the Office of Consumer Advocate (OCA) on December 18, 1998. II. POSITIONS OF THE PARTIES AND STAFF A. Connecticut Valley Electric Company Effective on all bills rendered on or after January 1, 1999, CVEC proposes to increase the Fuel Adjustment Clause rate from $0.0078 per kWh to $0.0082 per kWh and to decrease the Purchased Power Adjustment Clause rate from $0.0239 per kWh to $0.0100 per kWh. The change in the FAC would increase revenues on an annual basis by $68,013 or 0.3 percent. The PPCA change would decrease revenues by $2,363,445 or 10.1 percent on an annual basis. The projected net revenue effect of both on an annual basis results in a decrease of $2,295,432 or 9.8 percent. Depending on usage, customers could realize a greater or lesser percentage decrease than the average 9.8 percent projected on overall revenues by the Company. CVEC estimates that a residential customer using 500 kWh per month would receive a decrease of $6.76 per month or 8.5 percent. All estimates are neutral of any Pilot-related revenues and costs. Pilot-related costs and revenues are excluded in the calculation of the Pilot Stranded Cost Charge in the Pilot tariff to prevent a subsidy between CVEC's Pilot participants and CVEC's non-participating customers. Fuel Adjustment Clause CVEC expects to under collect its fuel costs for 1998 by $61,272 based on actual data for January through October 1998 and estimates of November and December 1998. The under-collection is due primarily to higher than forecasted purchases from Small Power Providers (SPP) which replace and are significantly more expensive than purchases made under the RS-2 rate from CVPS. For 1997, CVEC projected an over-collection of fuel and related costs of $154,372 or 2.3 percent from the 1996 FAC. Actual data for 1997 indicated that the over-collection estimate which formed the beginning balance for the 1998 FAC was sightly lower by $2,581. The proposed 1999 FAC rate is higher than the Interim 1998 FAC rate due to the beginning of year under-collection for 1999 of $61,272. The Interim FAC was designed to refund $152,372 over the 1999 FAC period. The result is that the 1999 FAC is designed to collect an additional $213,644. CVEC also forecasts increased costs from SPPs in 1999. Purchased Power Adjustment Clause The proposed PPCA is based on the reserve system capacity purchases made by CVEC from CVPS under the RS-2 rate included in CVPS' Rate Schedule FERC No. 135. The capacity costs are estimated annually by CVPS and are allocated to CVEC based on the ratio of monthly CVEC coincident peak loads to the monthly reserve-required loads of CVPS. The estimates are reconciled to actual data afterward and any over-recoveries or under-recoveries are refunded or collected from CVEC with interest. In DR 97-241, CVEC projected an ending under-collected balance for 1997 of $275,285. The Interim 1998 PPCA revised that estimate to an under-collection of $773,386 which was reflected in the Interim PPCA rates. The actual 1997 ending balance was an under-collection of $933,035. Based on actual data through October 1998 and forecasted data for November and December 1998, the ending 1998 balance for its purchased capacity and related costs is expected to be an under-collection of $52,999. Most of the expected under-collection is due to increased purchased capacity costs from CVPS due to cost increases related to CVPS' ownership interest in Vermont Yankee. The actual ending balance could vary significantly if the 1998 CVEC annual peak occurs in December 1998 rather than in January 1998 as is included in the forecasted data. CVPS had forecasted net total purchased capacity costs of $78.5 million for 1998, but the actual costs are expected to be $83.4 million. For 1999, CVPS forecasts net purchased capacity costs of $82.1 million. The increase in purchased capacity costs over the 1998 forecasted costs is due to a $3.1 million increase for Vermont Yankee, a $3.0 million increase in the Hydro Quebec Schedule B contract, a $1.2 million increase in replacement capacity costs as CVPS expects to be capacity deficient during certain months of 1999 and a $301,000 increase in regulatory expenses associated with the CVPS "exit fee" proceeding at the FERC. The increase is partially offset by expected reductions in Maine Yankee and Connecticut Yankee costs, the termination of the Merrimack Unit 2 contract and forecasted increases in wholesale revenue. The overall decrease in RS-2 capacity costs for CVEC is $226,216 for 1999 based on 1999 sales. The primary reasons for the lower 1999 PPCA rate are the termination of the Interim PPCA, which was designed to collect approximately $1.2 million more than the 1997 PPCA rate and the 1999 PPCA rate includes approximately $720,000 less under-collection as a beginning balance. Lower forecasted RS-2 costs also contribute, but are due mainly to the allocation factor used to distribute production capacity and transmission costs between CVEC and CVPS. B. City of Claremont The City of Claremont requests that the Commission suspend CVEC's filing and approve the FAC and PPCA rates filed by CVEC on a temporary basis subject to reconciliation. The City of Claremont is concerned that if the Federal District Court injunction remains in place after April 24, 1999, the 3 to 5 month timeframe for review set forth in RSA 378:6,I(b) could be used later by CVEC after the pending proceedings before the Federal Court are resolved to argue that the Commission has no authority to allow any changes in rates. The City of Claremont states that CVEC should be required to post a bond or some other type of financial assurance during the period temporary rates are effective. The City of Claremont refers to warnings by CVEC officials of CVEC's dire financial situation as the basis for its request pursuant to RSA 378:30. The City of Claremont also questioned CVEC about the additional $301,000 of regulatory costs for 1999 included in the RS-2 costs charged by CVPS to CVEC. C. Office of Consumer Advocate The OCA did not oppose the calculation of the FAC and PPCA rate. In its brief, the OCA urges the Commission to protect the interests of ratepayers by instituting the proposed FAC and PPCA rates on a temporary basis. The OCA believes temporary rates will not violate the injunction of the United States District Court as CVEC collects costs the OCA states are imprudent and constitutionally exorbitant. D. Staff Staff agreed with CVEC that the filing calculations support the changes to the FAC and PPCA rates proposed by the Company. Staff expressed concern about whether CVEC would try to preclude the Commission from reconciling rates back to January 1, 1999, if warranted, upon conclusion of the District Court case. Staff questioned numerous aspects of CVEC's filing including the increased capacity costs related to CVPS's loss of capability responsibility for its entitlement in Millstone 3 when the unit was out of service, the increased costs associated with Schedule B power from Hydro Quebec, and the calculation of the capacity allocation factor between CVPS and CVEC. III. COMMISSION ANALYSIS The Company has filed for a slight increase, $68,013 or 0.3 percent, in its annual FAC and a decrease of $2,363,445 or 10.1 percent, in the annual PPCA. The PPCA rate decrease proposed is not due to reductions in costs in the RS-2 rate; rather, it is due to the lower beginning under-recovered balance in the PPCA and the lower overall dollar amount needed to be collected compared to the level included in the interim PPCA. In fact, under the proposed rate the underlying RS-2 costs from CVPS continue to be fully recovered by CVEC so long as the Federal District Court injunction remains in effect, and are expected to increase in 1999. Nonetheless, in order to enable customers to benefit from the lower proposed PPCA rate and limit CVEC's recovery to the amount required for the present by the District Court's Order, the Commission will authorize CVEC to implement the requested rates. The Commission makes no finding at this time as to the justness and reasonableness of the new rates. These rates are expressly subject to such future proceedings as may be necessary to address the deferred matters referenced in the December 14, 1998 letter of the City of Claremont and the Commission's December 15, 1998 Secretarial Letter. The Commission notes that, in its December 15, 1998 letter response to the City of Claremont's December 14 letter, CVEC agreed that "a prudence determination need not be made at this time." The Commission reiterates its determination in Order No. 22,912 (Docket No. DR 97-241, issued April 29, 1998) and will require CVEC to keep records of the difference between the amounts that it would have collected under its 1997 RS-2 rates and any amounts that it collects as a result of the District Court's Order. Further, the Commission places CVEC on notice that it will be liable for refunds, plus interest, in the event that the District Court's Order is overturned. Accordingly, since we have deferred consideration of these underlying issues, the new rates are fixed as temporary pursuant to RSA 378:27. This docket is hereby continued until such time as the Federal District Court proceedings are resolved or the Commission's ability to proceed is clarified. We acknowledge the comments of the OCA and the City of Claremont concerning the balancing of interests as it regards the issuance of posting a bond by CVEC, but we do not believe it is warranted at this time. Finally, we waive the application of N.H. Admin. Rules, Puc 1203.05(a), which requires generally that the rate changes be implemented on a service-rendered basis. We will allow CVEC to implement its FAC/PPCA factors on a bills-rendered basis. This waiver, pursuant to Puc 201.05, produces a result in this circumstance consistent with the principles embodied in Puc 1203.05(b), which sets forth exceptions for allowing rate changes on a bills-rendered basis, and is in the public interest because it eliminates consumer confusion and reduces administrative costs. Based upon the foregoing, it is hereby ORDERED; that proposed FAC rate of $0.0082 per kWh and the proposed PPCA rate of $0.0100 per kWh are APPROVED on a temporary basis effective on all bills rendered on and after January 1, 1999; and it is FURTHER ORDERED, that the rates paid to Qualifying Facilities under Rate E are APPROVED as filed; and it is FURTHER ORDERED, that CVEC file a compliance filing in conformance with this order no later than January 15, 1999; and it is FURTHER ORDERED, that CVEC continue to keep accurate and complete records of the revenues that it collects as a result of the District Court's April 9, 1998 Order; and it is FURTHER ORDERED, that CVEC shall pay refunds, plus interest, to its customers for any overcharges collected as a result of the April 9, 1998 District Court Order, should it be overturned or modified; and it is FURTHER ORDERED, that these proceedings are continued until further notice. By order of the Public Utilities Commission of New Hampshire this fourth day of January, 1999. Douglas L. Patch Susan S. Geiger Nancy Brockway Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary