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HomeMy WebLinkAboutOrdinance 7726 ORDINANCE NO. 7 7,.k Lc, AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE INTENDED TO BECOME EFFECTIVE DECEMBER 6, 1977, FOR AN ADDITIONAL 30 DAYS TO MAY 4, 1978; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 31, 1977, the Lone Star Gas Company filed with the City Secretary of the City cf Fort Worth a Statement of Intent to Change Rates seeking to make a major change in gas rates which it proposed go into effect on December 6, 1977, which major change in gas rates was estimated by the Lone Star Gas Company to increase its annual revenue in the amount of $2,318,798.00 and to increase the gas rates of 116,928 customers; and WHEREAS, under the Texas Public Utility Regulatory Act, (Article 1446c, V.T.C.S.) , the City Council of the City of Fort Worth is charged with the duty of making a "reasonable determina- tion of rate base, expenses, investment and rate of return" within the City of Fort Worth; and WHEREAS, as a matter of public necessity the proposed rate increase intended to become effective on December 6, 1977, was suspended as authorized by Article 1446c, the Public Utility Regulatory Act, "for at least 120 days beyond *** [the] date on which the schedule of proposed rates would go into effect and at least until April 4, 1978" by Ordinance No. 7660 and a thorough investigation, including hearings held on January 12, 25-27, February 13-15, 1978, was undertaken; and WHEREAS, under the Texas Public Utility Regulatory Act, (Article 1446c, V.T.C.S.) , Section 43(d) , the Regulatory Authority may, where a longer time will be required for a final determination, further extend the period in and for which the proposed rates are suspended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That the City Council of the City of Fort Worth finds that a longer time will be required for a final, reasonable determination of the Company's rate base, expenses, investment and rate of return within the municipal boundaries. SECTION II. That the proposed rate increase of Lone Star Gas Company intended to become effective on December 6, 1977, and suspended for 120 days by Ordinance No. 7660, be and the same is hereby suspended for an additional 30 days beyond April 4, 1978, i.e. to May 4, 1978. SECTION III Should any part, portion, section or part of a section of this ordinance be declared invalid or inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way affect the remaining portions, parts, sections or parts of sections of this ordinance, which provisions shall be, remain and continue to be in full force and effect. SECTION IV. That this ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: t� 1 City Attorney -2- City of Fort Worth, Eexas MATSON BAILIFF Mayor and Council Communication, SMITH Jl] 1 N )RC E DATE NUMBER PAGE ERCE SUBJECT: Lone Star Gas Company Uc:r3/28/78 G-3764 Requested Rate Increase i of Statement of Intent to Change Rates On October 31, 1977, Lone Star Gas Company filed with the City of Fort Worth a Statement of Intent to Change Rates as provided by Article 1446c (Public Utilities Regulatory Act), (R.C.S.). The proposed change included an increase from $2.5968 to $4.00 for the first 1,000 cubic feet, or less, of gas sold and an increase from $2.0968 to $2.453 per Mcf for all gas sold over 1,000 cubic feet per month to residential and commercial consumers in Fort Worth. In addition, an increase from $5.00 to $20.00 was proposed in the Reconnect Charge. Lone Star Gas Company calculated that the new rates would increase the monthly bill for 8 Mcf of consumptions (considered a year round average) from $19.86 to $21.29 and would produce a total increase in annual revenue of $2,318,798. Lone Star calculated that their Rate Base in Fort Worth is $47,244,001 and their rate of return with the new rates would be 8.70 percent. On November 15, 1977, the City Council adopted Ordinance No. 7660 suspending the proposed new rates as submitted by Lone Star for at least 120 days or until April 4, 1978. Rate Analysis Procedure In Chapter 30 of the Code of the City of Fort Worth, Texas (1964 as amended) the following is found: "Section 30-13. Rates to be regulated; Recommendations and analysis for change. "It shall be the duty of the Utilities Supervisor to submit to the City Manager and the City Council a detailed analysis of any new or proposed rate or rate change. He shall make such reconimen- dations as to rates or combinations of rates as will be equitable to the City. The rates to be regulated by the City Council shall apply to natural gas, electrical power and light, transportation, communication or any other enterprise serving the general public as a utility." To assist the Utilities Supervisor in his analysis of the proposed rate change, the City Council directed the City Manager to engage consultants as necessary. After a review of professional assistance available, the con- sultants engaged for this case were: Mr. B. R. McMorries, a registered professional engineer; Mr. Wayne 'Brown, CPA; and Dr. Jack Hopper, a PHD in economics. In addition to these consultants being hired, the City Manager also engaged Mr. John P. Wood to conduct public hearings and invite testimony from all interested parties into the matter and engaged a court reporter to make a complete transcript of all testimony and evidence. DATE REFERENCE SUBJECT: PAGE NUMBER Lone Star Gas Company 3/28/78 G-3764 Requested Rate Increase 2 of 5 The following hearings were held: January 12, 1978: Presentation of the direct case of Lone Star Gas Company with testimony by William T. Clark, R. E. Reading, Gloria L. Ramsey, Samuel K. Clammer, and John $. Gillum. January 25, 1978: Cross-examination of Lone Star Gas Company wit- nesses Clark, Reading and Gillum. January 26, 1978: Cross-examination of Lone Star Gas Company wit- nesses Ramsey and Clammer and the presentation of the City s direct testimony by witnesses B. R. McMorries and Dr. Jack Hopper. January 27, 1978: Direct testimony by City's witness, Wayne Brown, CPA, and public presentations by G. H. Wakefield, representing ACORN, and Art Brender, representing Citizens for Fair Utility Regulation. February 13, 1978: Cross-examination of the City s witnesses by the counsel for Lone Star Gas Company and receipt of a letter from the Citizens for Fair Utility Regula- tion requesting items of information. February 14, 1978: Continued cross-examination of the City' s witnesses by the counsel for Lone Star Gas Company. February 15, 1978: A rebuttal testimony by Lone Star Gas Company witnesses Mr. Clark, Mr. Reading, Ms. Ramsey, and Mr. Clammer and cross-examination of each by Mr. S. G. Johndroe, Jr. , City Attorney. The questions raised by the Citizens for Fair Utility Regulation were addressed by Mr. Reading s rebuttal testimony. A complete verbatim record and transcript of all proceedings was made and all exhibits were attached to the original transcript and are available in the Office of the Public Utilities Supervisor for review by any interested party. Summary of City of Fort Worth Testimony The three consultants engaged by the City were assigned to their specific areas of professional expertise for preparation of testimony. A summary of their testimony follows: (a) Rate of Return Dr. Jack Hopper was asked to develop a recommendation as to the rate of return appropriate to the Lone Star Gas Company, giving consideration to all pertinent economic consideration. Dr. Hopper recommended that Lone Star, be authorized to earn 13 percent on their equity investment. He found that the cost of their embedded debt was 7.38 percent and the cost of Preferred Stock was 9.53 percent. DATE PAGE REFERENCE SUBJECT: Lone Star Gas Company NUMBER 3 5 3/28/78 G-3764 Requested Rate Increase I of Combining these rates on a weighted basis he found that a return of 9.8 percent on Invested Capital was adequate. He then recommended a rate of return of 8 percent on Adjust Value of Invested Capital. Lone Star Gas experts had testified to a Debt Cost of 7.91 percent, Preferred Stock Cost of 9.53 percent, and Equity rate of return of 18.00 percent. Based on their weighting and an adjustment for a return on the Adjusted Value Increment of their rate base, they requested a rate of return on Adjusted Value of Invested Capital of 8.70 percent. (b) Rate Base Mr. B. R. McMorries, a registered Professional Engineer, was asked to develop a recommendation as to the rate base on which Lone Star should be allowed to earn the 8 percent recommended by Dr. Hopper. Mr. McMorries' development of his Adjust Value Rate Base of $33,393,761 is shown as (McMorries) Exhibit 1 and 2 attached and is- a part of this M&C. Please note that he has disallowed Construction Work in Progress in calculating the rate base and has determined that Working Capital Needed is provided by funds available without cost to Lone Star. He has used a balance of 70 percent Original Cost and 30 percent Current Cost in calculating Adjusted Value. The Public Utility Regulatory Act (Article 1446c) authorizes the use of a range of 60 percent/40 percent to 75 percent/25 percent for this calculation. Lone Star Gas Company used a ratio of 60 percent Original Cost and 40 percent Current Cost in their application for new rates. (c) Earnings Requirement Mr. Wayne Brown, CPA, was asked to find the present earnings of Lone Star Gas and calculate the deficiency, if any, based on the 8 percent rate of return recommended by Dr. Hopper and the Adjusted Value Rate Base of $33,393,761 of Mr. McMorries. Mr. Brown found that the present rate structure of Lone Star plus the increase to $20 in the Reconnect Charge (which he recommends) is sufficient to produce an earnings of 8 percent on $33,393,761. The conclusion is based on his findings that during the test year ending June 30, 1977, the adjusted revenues were $70,155,370 and adjusted expenses were $66,728,143. The complete schedule of Mr. Brown' s findings is found as City Exhibit WEB-1, 2, 3, 4 attached and a part of this M&C. Please note that Adjustment No. 8 in Mr. Brown's Exhibit WEB-2 is a disallowance of the air conditioning discount authorized by ordinance adopted by the City of Fort Worth City Council. Near the end of the hearings, Lone Star Gas Company entered four adjustments into the record about depreciation, Construction Work in Progress, degree heating days adjustment, and industrial revenue. The net effect of these adjustments is to increase adjusted revenues by $901,287, increase expense and taxes by 866,539, and increase Net Operating Income by $34,748. These figures were not obtained in time to be analyzed by the City consultants. DATE REFERENCE SUBJECT: PAGE NUMBER Lone Star Gas Company 4 5 3/28/78 G-3764 Requested Rate Increase of Staff Comments The experts engaged by the City have developed their testimony using a depth of experience across a broad range of similar cases. In each issue considered, they appear to have recommended in the consumers favor if at all possible. In most of the major issues, the Public Utilities Supervisor agrees with the recommendation of the City' s witnesses, with a few exceptions. We do not agree with Dr. �opper's findings as to an appropriate rate of return. At current rates of interest an 8 percent rate of return does not appear to be adequate to attract capital. We do not agree that Mr. Brown should disallow the air conditioning discount, which was authorized by the Fort Worth City Council, and will expire at the end of 1978. We do not agree with Mr. McMorries' recommendation that the City Council conduct a hearing each month regarding the gas cost adjustment. The testimony of the City experts is that current revenue schedules are adequate to produce an 8 percent rate of return and their analysis shows this to be true. However, these earnings include all of the GCA charges allowed by the Council, including the Court ordered recovery of previously disallowed GCA. Experience thus, seems to show that our present practice of permitting the GCA minus out-of-period costs works effectively and therefore we see no reason to change. The cost to Lone Star and the City of monthly hearings is ultimately passed on to the rate payer and does not appear to be justified, based on current experience. We do not agree that the Reconnect Charge should be increased to $20.00. Although the study shows that $20.00 may be the cost of this service, we are reluctant to price such a service at full cost recovery. In many instances, discretion to cause reconnect service is at the sole control of the company and not the consumer, and a price of $20.00, or full recovery, might serve as an incentive to be too aggressive in disconnecting service. On the other hand, since there is no longer a penalty for late payment, Lone Star does need some control for maintaining delinquent accounts at a reasonable level. These differences, and other minor ones, between the Public Utilities Supervisor and the City experts are not sufficient, however, to support a major change in the recommendation made by the consultants. Recommendations It is recommended: 1) That the Council enter findings consistent with the recommen- dations of our experts, subject to the minor deviations hereinabove noted, with respect to reasonable operating expenses, adjusted value of the Company' s invested capital used and useful in rendering service to the public, and a reasonable net rate of return; DATE NUMBER sue�Ear: Lone Star Gas Company PAGE R 5 3/28/78 G-3764 Requested Rate Increase 5 Of 2) That Lone Star Gas Company be authorized to increase its Reconnect Charge to $10.00; 3) That the temporary rates adopted in Ordinance No. 7678, on Decem- ber 20, 1977, ihcluding the GCA provisions as contained therein, be adopted as the permanent rates; 4) That this report and these recommendations be furnished specifi- cally t-o Lone Star Gas Company and the other interested persons to the hearings held in this matter and notice of same be otherwise furnished generally to the citizens of Fort Werth by posting td the same manner as are proposed monthly rate adjustments; 5) That hearings before the City Council on this report and these recommendations be noticed and placed on the Council' s agenda for March 28 'and April 4, 1978; and 6) That the City Attorney prepare necessary ordinances and notices to comply with statutory and City Charter requirements. 4CM:bk Attachments: McMorries - Exhibit 1 and 2 City Exhibit - WEB-1, WEB-2, WEB-3, WEB-4 SUBMITTED BY: DISPOSI AkWWUNCIL PROCESSED BY �j !�OTHER (DESCRIBE) j p,/ ,(I'yP�r�� ri C'-0 -(v A T I C,7 , SECRETARY DATE l -7 7 �G-�IJ.� i� r �wc r Y C-A T E — '4' -%T CITY MANAGER 1 C c y-) t q `r (McMorries) Exhibit 1 Lone Star Gas Company .Fort Worth Distribution System June 30, 1977 RATE BASE OC N Less Invested ADJ For Capital A&C Plant in Service $49,027,445 $84,779,629 Less Depreciation Reserves (19,919,040) Less Age and Condition (34,187,682) Net Plant in Service 29,108,405 Current Cost New Adjusted 50,591,947 Contribution-in-Aid (included) (1,038,634) Working Capital Needed 1,190,976 1,190,976 Working Capital Available (1,190,976) (1,190,976) Deferred Taxes 0 0 Construction Work In Progress (not included) (not included) Retirement Work In Progress 55,916 55,916 Applicable Investment Credit (.559,636) (559,636) Customer Deposits (979,798) (979,798) Insurance Reserves-Total (1) (184,170) (184,170) Customer Advances (180,423) (180,428) Rate Base Items $27,260,289 $47,705,197 70% Original Cost 19,082,202 30% Current Cost 14,311,559 Adjusted Value Rate Base $33,393,761 Invested Capital Rate Base $27,260,289 (1) Insurance Reserves-Property ($7,401) + Liaffili� ($ wo,W* ) Associates, Inc. McMorries Exhibit 2 Page 1 Lone Star Gas Company Fort WortL Distribution System ORIGINAL COST LESS ACCUMULATED PROVISION FOR DEPRECIATION At June 30, 1977 ACC % OC DEPR OCD DF.PR Distribution Plant Land $ 23,842$ $ 23,842 0 Land Rights 38,020 15,174 22,846 39.91 Structures and Improvements 78,819 31,457 47,362 39.91 Mains 29,780,527 11,885,445 17,895,082 39.91 Meas. and Reg. Station Equipment 516,213 206,021 320,192 39.91 Services 8,101,192 3,233,196 4,867,996 39.91 Meters 4,394,789 1,753,966 2,640,823 39.91 Meter Installations 785,277 313,405 471,872 39.91 House Regulators 759,137 302,972 456,165 39.91 House Regulator Installations 301,144 120,187 180,957 39.91 Other Equipment 685,990 273,779 412,211 39.91 General Plant Allocated 3,562,495 .1,783,438 1,779,057 50.06 TOTAL 49,027,445 19,919,040 29,108,405 40.63 Bill R. McMorries & Associates, Inc. (McMorries) Exlu.bit 2 Page 2 lone Star Gas Company Fort Worth Distribution System June 30, 1977 CURRENT COST NEW LESS ADJUSTMENT CCN ADJ Tess % CCN A&C ADJ DTPR Distribution Plant Land (1) $ 23,842 $ 23,842 0 Land Rights (1) 38,020 $ 15,174 22,846 39.91 Structures and Improvements (1) 78,819 31,457 47,362 39.91 Mains 53,217,802 21,239,224 31,978,578 39.91 Meas. & Reg. Station Equipment 798,859 (3) 318,825 480,034 39.91 Services 16,364,326 6,531,003 9,833,323 39.91 Meters 7,255,797 2,895,789 4,360,008 39.91 Meter Installations 1,558,963 (2) 622,182 936,781 39.91 House Regulators 883,634 352,658 530,976 39.91 House Regulator Installations 311,082 124,153 186,929 39.91 Other Equipment (1) 685,990 273,779 412,211 39.91. General Plant Allocated (1) 3,562,495 1,783,438 1,779,057 50.06 TOTAL $84,779,629 $34,187,682 $50,591,947 40.33 (1) Original Cost Less Depreciation (2) $1,525,359 x 785,277/768,350 = $1,558,963 (3) 790,129 x 516,213/510,572 = 798,859 Bill R. McMorries & Associates, Inc. Lone Star Gas Company Fort Worth, Texas Distribution System Revenues , Expenses, Net Income and Adjustments Twelve Months Ended June 30, 1977 Adjusted Account To Reflect No. Per Bool,,s Adjusted Proposed Ral (, Revenues Gas Sales 480 Residential & Commercial $ 45,739,380 $ 43,735,455 $ 43,735,455 481 Industrial 24 322 ,273 25,881 ,348 25,881 ,348 Total Gas Sales $ 70,061 ,653 $ 69,616,803 $ 69,616,803 488,495,879 Other Gas Revenues 538,567 T 538,567 1 ,054,057 Total Revenues $ 70,600,220 $ 70,155,370 i$ 70.670,860 Expenses Gas Purchased 804 Residential $ 21,103 ,261 $ 20,293,141 $ 20,293,141 804 Commercial 9,776,599 9,615,841 9 ,615,841 804 Industrial 21 ,469,877 22 ,690,409 22 ,690,409 804 Company Used 46,756 52 ,892 52 ,892 804 Unaccounted-for 2,850,919 2 ,830,777 2 ,830,777 Total Gas Purchased $ 55,247 ,412 $ 55,483,060 $ 55,483,060 870-879 Distribution Operations-Labor 1 ,032,737 1 ,032 ,737 1 ,032 ,737 870-881 Distribution Operations-S & E 378,225 378,225 378,225 885-894 Distribution Maintenance-Labor 640,346 640,346 640,346 885-894 Distribution Maintenance-S & E 367 ,278 367,278 367,278 901,903,905 Customer Accounts - Labor 958,293 958,293 958,293 901,903,905 Customer Accounts - S & E 610,699 610,699 610,699 907-910 Cust. Serv. & Information-Labor 53,961 53,961 53,961 907-910 Cust. Serv. & Information-S & E 14 ,136 14 ,136 14 ,136 911-913,916 Sales Expense - Labor 68,553 68,553 68,553 911-913 ,916 Sales Expense - S & E 109,388 109,388 109,388 920 Administrative & General-Labor 433,966 433 ,966 433,966 921,932,426 Administrative & General-S & E 1,369,362 1 ,355,580 1 ,355,580 904 Uncollectible Accounts 293,904 293,904 293,904 408 Taxes Other Than Federal Income 3,818,013 3,700,061 3,700,061 403 Provision for Depreciation 1 ,227.956 1,227,956 1,227,956 Total Expenses (Excl. FIT) $ 66,624 ,229 $ 66,728,143 ,$ 66,728 143 Net Income Before FIT $ 3 ,975,991 $ 3,427 ,227 $ 3,942,717 409 Provision for FIT 1 ,102,880 839,474 1 ,086,909 Net Operating Income S 2 ,873,111 $_2 58 1-U 2A-55,80$ Return on Rate Base of $33,393,761 8.60% 7. 75% 8. 55`/, ti •• Cily Lxhibit WEB-2 Page 1 oaf 2 Lone Star Cas Company Fort Wurth, Texas Distribution System Detail of Adjustments to Revenues and Expenses Twelve Months Ended ,Tune 30, 1977 Ad 'ust_m.�nt No. 1 - City gate Rate Effective September 20, 1977 Residential Cas Purchased $ 1 ,690,489 Commmercial Gas Purchased 844 ,929 Company Used Gas 6,136 Unaccounted-for 489,055 Total Purchases $ 3,030,609 Provision for Federal Income Taxes _ (1 ,454 ,692) Adjustment to Net Income Adjustment No. 2 - Normalize Weather Residential & Commercial Gas Sales $ (5,474,436) Industrial Gas Sales (29,001) Total Gas Sales $ (5,503,437) Residential Gas Purchased $ (2 ,500,609) Commnercial Gas Purchased (1 ,005,687) Industrial Cas Purchased (23,251) Taxes Other Than Federal Income (328,860) Provision for Federal Income Tax (789,614) Total Expenses and Federal Income Tax $ (4,648.021) Adjustment to Net Income Adiustment No. 3 - Industrial Rate Increase to N mate level Industrial Gas Sales $ 1,588,076 Industrial Gas Purchased $ 1 ,243,783 Taxes Other Than Federal Income 30,539 Provision for Federal Income Tax 150,602 Total Expenses and Federal Income Tax $ 1,424 ,924 Adjustment to Net Income Adiustment No. 4 - Annualize General Service Rate Increase Residential & Commercial Gas Sales $ 3,360,923 Taxes Other Than Federal Income $ 162,150 Provision for Federal Income Tax 1 ,535,411 Total Expenses and Federal Income Tax $ 1,697�561 Adjustment to Net Income $ I.- Adiustment No. 5 - Unaccounted-For Gas to 57, of Adjusted Purchases Unaccounted-for Gas Purchased $ (509,197) Provision for Federal Income Tax 244 ,415 Adjustment to Net Income -2f�4,7�2 A_dItAstmont No. 6 - Rate Case Expense .Administrative & General - Supplies & Expense $ (13,782) Provision for Federal Income Tax 6,615 Adjustment to Net Income � 1 City Exhibit WED-2 Page 2 of 2 Lone Star Gas Company Fort Worth, Texas Distribution System Detail of Adjustments to Revenues and Expenses Twelve Months Ended June 30, 1977 Adjustment No. 7 - Unemployment Tax and FICA Tax Increase Taxes Other Than Federal Income $ 12,931 Provision for Federal Income Tax (6,207) Adjustment to Net Income Adiustment No. 8 - Adjust Air Conditioning Revenue Residential & Commercial Gas Sales $ 109,588 Taxes Other Than Federal Income $ 5,288 Provision for Federal Income Tax 50,064 Total Expenses and Federal Income Tax $ 55,352 Adjustment to Net Income Adjustment No. 9 - To Reflect Increased Reconnect Charge Other Gas Revenues $ 514,490 Provision for Federal Income Tax _ 247,435 Adjustment to Net Income _ 2L,Q5.5 City Exhibit WE"B-3 Lone Star Gas Company Fort Worth, Texas Distribution System Federal Income Tax Calculation Adjusted Line Per To Reflect No. Books Adiusted , Proposed Rate 1. Net Income Before Federal Income Tax $ 3,975,991 $ 3,427,227 $ 3,942,717 2. Allocated Income Deductions 1,677.390 1,677,390 1,677,390 3. Taxable Income ,$ _2,7.9 41 S 1,749.831 .,$ 2-265, 27 4, Federal Income Tax at 48% $ 1,103,328 $ 839,922 $ 1,087,357 5. Less: Allocated Surtax Credit 448 448 448 6. Federal Income Tax t=_1-JD1J$Q _=_139—AlA City Exhibit WEB-4 Lone Star Gas Company Fort Worth, Texas Distribution System Revenue Deficiency Line No. 1. Rate Base at June 30, 1977 $ 33,393,761 2. Rate of Return .08 3. Net Operating Income Required (Line 1 x Line 2) $ 2,671,508 4. Adjusted Net Operating Income $ 2;587,753 5. Net Operating Deficiency (Line 3 less Line 4) $ 83,755 6. Ratio Incremental Net Income to Incremental Revenue (1) .49491 7. Increase in Revenue Required (Line 5 : by 'Line 6) $ 169,232 8. Increase in Revenue Requested for Reconnect Increase 515,490 9. Revenue in Excess of Requirement on Line 7 $ (346,258) 10. Revenue Required to be Produced by Residential & Commercial Customers NQng_ (1) Incremental Revenue $ 1.00000 Incremental Occupation Tax .01706 Incremental Street & Alley Rental .03119 Incremental Taxable Income .95175 Incremental Federal Income Tax .45684 Incremental Net Operating Income $ 49491