ATTORNEYS AT L 500 LEE STREET EAST. SUITE 1600. PO. SOX 553 * CHARLESTON, WEST VIRGINLA 25322. TELEPHONE 304-340- I000 TELECOPIER: 304-340- I I30 m.jacboakeliyron~ Direct Dial: (304) 340-1251 Facsimile: (304) 340-1080 E-Mail: ccdlas~~iacksonkellv.com State Bar No. 5991 July 14,20 15 VU HAND DELIVERY ’. , : .,,* Ingrid Ferrell, Executive Secretary Public Service Commission of WV 201 Brooks Street Charleston, West Virginia 25323 Re: Mountaineer Gas Company 201 5 Rate Case and 2015 Depreciation Case PSC Case Nos. 15-0003-G-42T and 15-0048-G-D Dear Ms. Ferrell: The Company, the Staff, the CAD, and the WVEUG have agreed to recommend a stipulated settlement of these cases to the Commission, as documented in the enclosed Joint Stipulation and Agreement for Settlement executed last evening. IOGA has not joined in the settlement, hut has indicated it does intend to oppose its adoption to resolve these cases. We look forward to sponsoring the Joint Stipulation at Wednesday’s hearing and responding to the Commission’s questions. In the meantime, the parties request that the Commission release three out-of-town witnesses (Mr. Garren for the CAD, Mr. Baudino for the WVEUG, and Mr. McKenzie for the Company) from attendance at the hearing. Please file the Joint Stipulation and provide the twelve additional copies of this letter to the appropriate parties at the Commission. We also ask that you date stamp the extra copy of the letter provided and return it with ow messenger. As always, we appreciate your assistance. Christopher L. Callas Enclosures cc: Tom White, Esq. Linda Bouvette, Esq. Lucas Head, Esq. Britt Freund, Esq. Susan J. Eggs Barry A. Naum George Patterson, Esq.
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ATTORNEYS AT L
500 LEE STREET EAST. SUITE 1600. PO. SOX 553 * CHARLESTON, WEST VIRGINLA 25322. TELEPHONE 304-340- I000 TELECOPIER: 304-340- I I30 m . j a c b o a k e l i y r o n ~
Direct Dial: (304) 340-1251 Facsimile: (304) 340-1080
E-Mail: ccdlas~~iacksonkellv.com State Bar No. 5991
July 14,20 15
V U HAND DELIVERY
’. , : .,,* Ingrid Ferrell, Executive Secretary Public Service Commission of WV 201 Brooks Street Charleston, West Virginia 25323
Re: Mountaineer Gas Company 201 5 Rate Case and 2015 Depreciation Case PSC Case Nos. 15-0003-G-42T and 15-0048-G-D
Dear Ms. Ferrell:
The Company, the Staff, the CAD, and the WVEUG have agreed to recommend a stipulated settlement of these cases to the Commission, as documented in the enclosed Joint Stipulation and Agreement for Settlement executed last evening. IOGA has not joined in the settlement, hut has indicated it does intend to oppose its adoption to resolve these cases.
We look forward to sponsoring the Joint Stipulation at Wednesday’s hearing and responding to the Commission’s questions. In the meantime, the parties request that the Commission release three out-of-town witnesses (Mr. Garren for the CAD, Mr. Baudino for the WVEUG, and Mr. McKenzie for the Company) from attendance at the hearing.
Please file the Joint Stipulation and provide the twelve additional copies of this letter to the appropriate parties at the Commission. We also ask that you date stamp the extra copy of the letter provided and return it with ow messenger. As always, we appreciate your assistance.
Christopher L. Callas Enclosures
cc: Tom White, Esq. Linda Bouvette, Esq. Lucas Head, Esq. Britt Freund, Esq.
Susan J. Eggs Barry A. Naum George Patterson, Esq.
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA
CHARLESTON
Case No. 15-0003-G-42T
MOUNTAINEER GAS COMPANY Rule 42T Tariff Filing to Increase Rates and Charges
Case No. 15-0048-G-D
MOUNTANEER GAS COMPANY Application io Change Depreciation Rates
JOINT STIPULATION AND AGREEMENT FOR SETTLEMENT
Pursuant to W. Va. Code 5 24-1-9(f) and Procedural Rule 13(d), Mountaineer Gas
Company (“Company”), the Staff of the Public Service Commission of West Virginia
(“Staff‘); the Consumer Advocate Division of the Commission (the “CAD”), and selected
commercial customers of the Company that have collectively intervened as the West
Virginia Energy Users Group (“WVEUG)’ (collectively, the ‘Farties”) join in this Joint
Stipulation and Agreement for Settlement (“Joint Stipulation’). The Independent Oil and Gas
Association of West Virginia (‘TOGA”) does not join in the Joint Stipulation, but has indicated
it will not oppose the Joint Stipulation should the Commission adopt it.
In this Joint Stipulation, the Parties propose to the Commission a comprehensive
settlement of the Company’s pending general rate and depreciation cases. The Parties
recommend that the Commission approve the Joint Stipulation without modification and
thereby establish rates to meet the Company’s revenue requirement set forth herein.
WVEUG members for purposes of these cases are ArcelorMittal Weirton LLC, 1
Constellium Inc., and QuadGraphics, Inc.
1 4834-4484-2533.~2
Introduction and Procedural History
1. On January 5 , 2015, the Company filed proposed revisions to its tariffs
reflecting increased rates and charges amounting to approximately $12.2 million annually,
or an overall increase of 4.7% on a total-Company basis over then-existing rates, for
furnishing gas service to approximately 221,000 customers. On January 20, 2015, the
Company requested revised depreciation rates under Rule 20, the application of which resulted
in a decrease of approximately $800,000 in annual revenues, which had been incorporated into
the base rate request.
2. By order entered January 30, 2015, the Commission suspended the proposed
base rate increase and the implementation of new depreciation rates until 12:Ol a.m. on
November 2, 2015, established a procedural schedule, and required public notice, among other
things.
3. The Commission instituted a formal investigation into the reasonableness of
the revised rates and charges and the supporting data filed by the Company.
4. During the course of this proceeding, the CAD, WVEUG, and IOGA filed
petitions to intervene, each of which the Commission granted through subsequent orders.
5. In accordance with the procedural schedule, the Parties filed the testimonial
and documentary evidence of these witnesses:
Company: Scott F. Klemm, C. David Lokant, Adrien M. McKenzie, Dale L. Parris, and Tom M. Taylor
Ralph C. Smith, Suzanne 0. Akers, and James S. Garren
Edwin L. Oxley, David L. Pauley, Terry R. Eads, Dixie L.
CAD:
Staffi
2 4834-4484-2533.~2
Kellmeyer, Eric F. deGruyter, and Joshua Allen
WVEUG: Richard A. Baudino
6 . The Parties undertook extensive formal and informal discovery, including an
examination of the Company's books and records and a review of extensive data responses and
other documents provided by the Company.
I. Six public comment hearings were conducted (and two more are scheduled for
July 14, 201 5) in different areas of the Company's service territory to obtain customer input.
8. The Company represents that it has satisfied all posting and publication
requirements and provided evidence thereof to the Commission.
9. The Company filed a Motion for Protective Order on January 30, 2015, as
amended ("Motion for Protective Order") seeking permanent confidential treatment of certain
information it had filed with the Commission and provided to other Parties under interim
protective agreements.
10. To avoid the additional expense that will result from litigating these cases, and
in an attempt to achieve certainty in the outcome, the Parties have endeavored to address or
eliminate all issues in the general rate and depreciation cases and to reach a recommended
comprehensive resolution of those cases.
The Settlement Terms
11. The Parties agree and recommend that the Commission adopt the Joint
Stipulation as the basis for its resolution of these cases. The terms and conditions of the Joint
Stipulation, each of which is an essential and integral element of a fair and reasonable
resolution in the public interest, are set forth below.
3 4834-4484-2533.v2
(a) The Company will implement an increase of $7,700,000 in base rate
revenues, which is expected to result in an overall increase in rates of
approximately 3 percent (“Rate Increase”), to be effective on November 1,
2015. A schedule setting forth the proposed rates and charges is attached as
Exhibit 1, and Exhibit l a shows the agreed allocation of additional revenue
to customer classes. The Company’s sample revenue requirement
presentation supporting the Rate Increase is attached as Exhibit 2; the CAD
and Staff anticipate providing their presentations at or before hearing. The
Parties stipulate that the Rate Increase is premised on a return on equity of
9.75%.
(b) In its upcoming 30-C filing, the Company will propose a decrease in its
PGA rate, to be effective November 1, 2015, that will more than offset the
Rate Increase, resulting in a net decrease in overall rates and charges on that
date. To permit the simultaneous implementation of the two rate changes,
the Parties request that the Commission shorten the current suspension
period by one day, to November 1 from November 2,201 5.
(c) The Rate Increase includes the impact on depreciation expense of the
depreciation accrual rates shown in Exhibit 3. The Parties recommend this
set of accrual rates as a reasonable resolution of all depreciation issues and
ask the Commission to authorize the Company to use those rates on and
after November 1,201 5.
(d) The Company anticipates filing an application under SB 390 (W.Va. Code
524-2- 1 k) for approval of a multi-year comprehensive plan for infrastructure
4
replacements, upgrades and extensions to its system. Under §24-2-1k, the
Company will be permitted to recover an allowance for return on the net
incremental rate base, related income taxes, depreciation expense and
property taxes associated with its approved infrastructure program. In
determining the rate increment for the infrastructure program, MGC agrees
that the net incremental rate base amount on which the allowance for return
is to be calculated will, in addition to the traditional components of rate
base, include a separate rate base deduction related to the level of annual
depreciation expense reflected in current base rates and corresponding to the
proposed type of capital investment provided for in its plan (see example of
depreciation offset in Exhibit. Exhibit 5 is a schedule of the agreed-upon
depreciation amounts for transmission and distribution assets to be used in
calculating the rate base deduction.
(e) In consideration for the other components of the Joint Stipulation and in
recognition of the 2015 SB 390 filing, the Company withdraws its request to
have the Commission determine its revenue requirement on the basis of a
future test year presentation, without prejudice to its ability to seek such a
determination in a future case.
(f) The Parties recommend that the Commission defer a ruling on the Motion
for Protective Order.
5 4834-4484-2533.v2
General Provisions
12. The Parties support this Joint Stipulation and represent that each of its
provisions acceptably resolves all issues raised in these cases. Based on the record, the Parties
recommend that the Commission accept this Joint Stipulation in complete resolution of these
cases.
13. The Parties support the Joint Stipulation without agreeing specifically on the
exact methods used to arrive at the Rate Increase. The Parties represent that the Parties’ pre-
filed direct and rebuttal evidence and exhibits, as well as the testimony to be offered in
sponsorship of this Joint Stipulation, even though it reflects significant areas of dispute among
the Parties on a wide range of ratemaking issues, is adequate to support the Joint Stipulation.
The Parties ask that their respective pre-filed testimony and exhibits be admitted into the
evidentiary record without the necessity of each witness’s sponsorship or attendance at hearing.
14. This Joint Stipulation results from a review of all evidence and filings in these
cases, the Parties’ analyses of the existing and foreseeable financial condition of the Company,
the existing statutory and regulatory framework, and extensive, good faith negotiation. The
Joint Stipulation embodies substantial compromises and modifications by the Parties of their
respective positions, and is proposed to expedite and simplify the resolution of these cases in
the context of an overall settlement.
15. The Parties recommend that the Commission adopt this Joint Stipulation as
being in the public interest, without adopting or recommending the adoption of any of the
compromise positions set forth herein as ratemaking principles applicable to future regulatory
proceedings, except as may otherwise be provided herein. Each component of the Joint
6 48344484-2533.~2
Stipulation (including this paragraph) is integral to and inseparable from the others, and no
Party advocates the Commission’s resolution of any issue proposed in this Joint Stipulation
other than in the context of its support for the Joint Stipulation as a whole.
16. This Joint Stipulation is subject to the Commission’s acceptance and approval.
It will be ineffective until and unless approved by the Commission in all of its material terms
and without modification. If the Commission does not grant that approval, then the Parties
reserve their rights to fully advocate their positions, unlimited by the terms of the Joint
Stipulation.
[Signature pages follow]
7
WHEREFORE, the Parties respechlly recommend and request that the Commission
make appropriate findings of fact and conclusions of law adopting and approving the Joint
Stipulation in its entirety, including the attached exhibits.
Dated and effective this 13'h day of July, 2015.
MOUNTAINEER GAS COMPANY
John Philip Meiick, Esq. . JACKSON KELLY PLLC 1600 Laidley Tower Post Office Box 553 Charleston, West Virginia 25322 (304) 340-1000
THE STAFF OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA
L Linda S. Bouvette, Esq.
Lucas Head, Esq. Public Service Commission 201 Brooks Street, P 0 Box 812 Charleston, WV 25323
CONSUMER ADVOCATE DIVISION
By Counsel
Thomas White, Esq. Consumer Advocate Division 700 Union Building 723 Kanawha Boulevard, East Charleston, WV 25301
8
. . . . ~ . WHEREFORE, the Parties respectfully recommend and request that the Commission
make appropriate findings of fact and conclusions of law adopting and approving the Joint
Christopher L. Callas, Esq. John Philip Melick, Esq. JACKSON KELLY PLLC 1600 Laidley Tower Post Office Box 553 Charleston, West Virginia 25322 (304) 340-1000
THE STAFF OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA
By Counsel
Linda S. Bouvette, Esq. Lucas Head, Esq. Public Service Commission 201 Brooks Street, P 0 Box 812 Charleston, WV 25323
CONSUMER ADVOCATE DIVISION
I
Consumer Advocate Division 700 Union Building 723 Kanawha Boulevard, East Charleston, WV 25301
8
WEST VIRGINIA ENERGY USERS GROUP
Lee F. Feinberg, Esq. Spilman Thomas & Battle, PLLC PO Box 273 Charleston, WV 25321-0273
Barry A. Naum, Esq. Spilman Thomas & Battle, PLLC 1100 Bent Creek Blvd., Suite 101 Mechanicsburg, PA 17050
9
Mountaineer Gas Company Case No. 15-00036.42T
Summary of Revenue by Rate Schedule Effective November 1.2015
Transmission Plant 365.10 Land and Land Rights 365.20 Rights-of-way
366 Structures B Improvements 24 1 367 Mains 39,331 369 Total 39,572
Measuring & Reg. Station Equip
374.190 374.292
375 376 377 378 379 380 381
381.1 382
382.1 383 384 385 386 387 Total
Distribution Plant Land and Land Rights Rights-of-way Structures & Improvements Mains Compressor Station Equipment Meas. & Reg. Stat. Eq -General Meas. & Reg. Stat. Eq -City Gate Services Meters ERTs Meter Installations ERT Installation House Regulators House Regulator Installation Measuring & Reg. Station Equip Other Property on Customers' Premises Other Equipment
2,188 (A) 5,136,536
420,873
2,898,399 745,209
19,396 337,191
15,502
18,838 138,694
10,709 9,743,535
Total Transmission & Distribution Depreciation Expense 9,783,107
(A) - Amount excludes the deprecation associated with the assets excluded in rate base in accordance with Case No. 06-1 838-G-PC.
Client Work\4847-8328-4261 .v 1-711 O i l 5
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA
CHARLESTON Case No. 15-0003-G-42T
MOUNTAINEER GAS COMPANY Rule 42T Tariff Filing to Increase Rates and Charges
Case No. 15-0048-G-D
MOUNTAINEER GAS COMPANY Application to Change Depreciation Rates
CERTIFlCATE OF SERVICE
I certify service of Joint Stipulation and Agreement for Settlement on July 14, 2015, by
United States First Class Mail, postage prepaid, as addressed:
Tom White, Esq. Consumer Advocate Division 700 Union Building 723 Kanawha Blvd., East Charleston, WV 25301 Consumer Advocate Division
George A. Patterson, 111, Esq. Bowles Rice McDavid Graff & Love, LLP P. 0. Box 1386 Charleston, WV 25301 Independent Oil and Gas Association of West Virginia, Inc.
Britt A. Freud, Esq. Bowles Rice, LLP Southpointe Town Center - Ste. 200 1800 Main Street Canonsburg, PA 153 17 Independent Oil and Gas Association of West Virginia, Inc.
Linda S. Bouvette, Lucas R. Head, Esqs. Public Service Commission of WV 201 Brooks Street Charleston, WV Commission Staff
Susan J. Riggs, Esq., and Lee F. Feinberg Spilman Thomas & Battle P. 0. Box 273 Charleston, WV 25321-0273 West Virginia Energy Users Group
Barry A. Naum, Esq. Spilman Thomas & Battle PLLC 1100 Bent Creek Blvd., Suite 101 Mechanicsburg, PA 17050 West Virginia Energy Users Group