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HomeMy WebLinkAbout26-28759 - City Council - OrdinanceORDINANCE 26-28759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2026 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of Fort Worth, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (`'GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about April 1, 2026 Atmos Mid -Tex filed its 2026 RRM rate request with ACSC Cities based on a test year ending December 31, 2025; and WHEREAS, ACSC coordinated its review of the Atmos Mid -Tex 2025 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $260.5 million on a system -wide basis with an Effective Date of October 1, 2026; and WHEREAS, ACSC agrees that Atmos plant -in-service is reasonable; and WHEREAS, with the exception of approved plant -in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications. 2557/40/9262988 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the findings set forth in this Ordinance are hereby in all things approved. SECTION 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $260.5 million on a system -wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid-Tex's 2026 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. SECTION 3. That despite finding Atmos Mid-Tex's plant -in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. SECTION 4. That the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $260.5 million on a system -wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. SECTION 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. SECTION 6. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of ACSC in processing the Company's 2026 RRM filing. 2557/40/9262988 3 SECTION 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. SECTION 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2026. SECTION 11. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd GosselinkRochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701 APPROVED AS TO FORM AND LEGALITY: By: OyL Christopher Austria, Sr. Assistant City Attorney ADOPTED: September 15, 2026 EFFECTIVE: September 15, 2026 Jannette S. Goodall, City Secretary .dam FORT� AY�*-O�'401' p00000 gA 00 J00 nEX04Zo 2557/40/9262988 4 Attachment I MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R - RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge I Amount Customer Charge per Bill $ 24.35 per month Rider CEE Surcharge $ 0.05 per month' Total Customer Charge $ 24.40 per month Commodity Charge — All Ccf $ 1.03839 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 19196. Surcharge billing effective July 1, 2026. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C - COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge I Amount Customer Charge per Bill $ 115.50 per month Rider CEE Surcharge $ 0.00 per month' Total Customer Charge $ 115.50 per month Commodity Charge — All Ccf $ 0.27784 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-iiilanttrotection@atmosenerv.com. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 19196. Surcharge billing effective July 1, 2026. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I - INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Customer Charge per Meter First 0 MMBtu to 1,500 MMBtu Next 3,500 MM Btu All MMBtu over 5,000 MMBtu Amount $ 2,304.50 per month $ 0.9582 per MMBtu $ 0.7018 per MMBtu $ 0.1505 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s) Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plaits Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I - INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-blantbrotection@atmoseneray.com. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T - TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. This tariff is not available to customers with a maximum daily demand of 1,000 MMBtu or greater and a daily/annual load factor of 10% or less. Load factor is calculated as follows: annual usage / (maximum daily connected demand X 365). Load factors will be recalculated once each year to determine appropriate eligibility for Rate T. Type of Service Company's receipt and delivery of all gas quantities under the applicable Transportation Agreement will be on a wholly interruptible basis subject to the Terms and Conditions incorporated in the Transportation Agreement. If Customer is an Industrial Customer, then Customer may elect, at the reasonable discretion of Company, to contract for Plant Protection transportation quantities defined as the minimum natural gas required to prevent physical harm and/or protect critical safety to the plant facilities, plant personnel, or the public when such protection cannot be achieved through the use of an alternate fuel. Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Customer Charge per Meter First 0 MMBtu to 1,500 MMBtu Next 3,500 MM Btu All MMBtu over 5,000 MMBtu Amount $ 2,304.50 per month $ 0.9582 per MMBtu $ 0.7018 per MMBtu $ 0.1505 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T - TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Overpull Fee Upon notification by Company of an event of interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of interruption, pay Company 200% of the midpoint price for the Katy point listed in Plaits Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: SUR - SURCHARGES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Application This Rider is applicable to customer classes in the incorporated areas under the RRM tariff as authorized by the state or any governmental entity, a municipality, or a regulatory authority pursuant to any statute, ordinance, order, rule, contract, or agreement. Monthly Calculation Surcharges will be calculated in accordance with the applicable statute, ordinance, order, rule, contract, or agreement. FASB ASC 740-10 (Fin48) Refund Applicable to Customers taking service under Rate Schedules R — Residential, C — Commercial, I — Industrial and T — Transportation. To ensure that gas utility customers receive the benefit associated with the changes in the Company's Uncertain Tax Positions ("UTPs") arising from recognition of Texas Margin Tax returns. The decrease shall be calculated as follows: Beginning with implementation of rates from the negotiated RRM Tariff, and annually thereafter, the portion of UTP liabilities identified in Schedule FIN48-1.1 for the prior fiscal year shall be allocated based on the final class allocations of GUD No. 10170 as per the RRM Tariff, divided by the annual bill count to derive rates to be refunded through Rider SUR in the subsequent fiscal year. Each year's calculation will include a true -up (+ or - ) due to account for over/under collections. Amounts identified in Schedule FIN48-1 shall be adjusted to reflect any audit adjustments received from the Texas Comptroller of Public Accounts. No action on the part of the Regulatory Authority is required to give effect to the amount to be refunded to customers. However, any amount refunded to customers shall be fully subject to review for reasonableness and accuracy in the gas utility's next statement of intent proceeding with the Railroad Commission of Texas, and if applicable, the gas utility shall be required to reconcile any discrepancies. The following refund as authorized in the most recent negotiated RRM Tariff shall be refunded to each Rate Schedules R — Residential, C — Commercial, I — Industrial and T — Transportation customer's monthly bill in each month for a 12 -month period. The refund amount by month by Rate Schedule is shown in the table below: Rate Schedules Rate Rate R — Residential Sales $ (0.14) Rate C — Commercial Sales $ (0.49) Rate I — Industrial Sales $ (10.47) Rate T — Transportation $ (10.47) MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: SUR - SURCHARGES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Unprotected Excess Deferred Income Tax Amortization The allocated RRM Cities balance of the Unprotected portion of the Excess Deferred Income Taxes ("EDIT") remaining after implementation of rates at October 1, 2026 shall be applied to each Rate Schedules R — Residential, C — Commercial, I — Industrial and T — Transportation customer's monthly bill for a one -month period. The refund amount by Rate Schedule is shown in the table below: Rate Schedules Rate Rate R — Residential Sales $ (4.45) Rate C — Commercial Sales $ (14.80) Rate I — Industrial Sales $ (319.02) Rate T — Transportation $ (319.02) Maximum Allowable Operating Pressure ("MAOP") Hydrostatic Testing Cost Recovery The allocated RRM Cities balance of the MAOP Hydrostatic Testing Cost as of December 31, 2025 is to be recovered through a monthly rate. This monthly rate shall be applied to each Rate Schedules R — Residential, C — Commercial, I — Industrial and T — Transportation customer's monthly bill for approximately twelve (12) months or until all approved costs are recovered from the applicable customer classes. The monthly recovery rate by Rate Schedule is shown in the table below: Rate Schedules Rate Rate R — Residential Sales $ 0.30 Rate C — Commercial Sales $ 0.98 Rate I — Industrial Sales $ 21.17 Rate T — Transportation $ 21.17 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA -WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Provisions for Adiustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adiustment The Weather Normalization Adjustment Factor shall be computed to the nearest one -hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA, = WNAF, x qij Where qij is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA -WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2026 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.78 0.1448 91.89 0.8018 Austin 9.07 0.1318 213.26 0.9418 Dallas 12.87 0.1937 192.49 1.1269 Waco 9.39 0.1261 159.17 0.8068 Wichita 10.61 0.1364 133.65 0.6965 Falls Weather Normalization Adiustment (WNA) Report On or before June 1 of each year, the company posts on its website at www.atmosenergy.com/MTXtariffs, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Attachment 2 ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2025 Shared Services Mid -Tex Direct Post- Post- Supplemental Line Pension Employment Pension Employment Executive Benefit Adjustment No. Description Account Plan Benefit Plan Account Plan Benefit Plan Plan Total (a) (b) (c) (d) (e) (f) (g) 1 Proposed Benefits Benchmark - Fiscal Year 2026 Willis Towers Watson Report as adjusted (1) (2) (3) $ 200,382 $ (490,197) $ 951,536 $ (3,288,240) $ 72,926 2 Allocation Factor 46.66% 46.66% 87.00% 87.00% 100.00% 3 Proposed Benefits Benchmark Costs Allocated to Mid -Tex (Ln 1 x Ln 2) $ 93,490 $ (228,707) $ 827,882 $ (2,860,928) $ 72,926 4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00% 5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4) $ 93,490 $ (228,707) $ 827,882 $ (2,860,928) $ 72,926 $ (2,095,337) 6 7 O&M Expense Factor (WP_F-2.3, Ln 2) 80.27% 80.27% 36.19% 36.19% 8.73% 8 9 Summary of Costs to Approve (1): 10 Total Pension Account Plan $ 75,047 $ 299,646 $ 374,693 11 Total Post -Employment Benefit Plan $ (183,588) $ (1,035,492) (1,219,080) 12 Total Supplemental Executive Benefit Plan $ 6,367 6,367 13 Total (Ln 10 + Ln 11 + Ln 12) $ 75,047 $ (183,588) $ 299,646 $ (1,035,492) $ 6,367 $ (838,020) FORT WORTH,, MAYOR AND COUNCIL COMMUNICATION 7.1.23 ADOPTION OF ATMOS 2026 DATE: 09/15/26 M&C FILE NUMBER: M&C 26-0857 DEPARTMENT: PROPERTY MANAGEMENT SUBJECT (ALL) Adopt Ordinance Approving Negotiated Settlement and Establishing Maximum Permitted Rates and Charges that Atmos Energy Corporation d/b/a Atmos Energy Corporation, Mid -Tex Division, May Assess Customers in the City of Fort Worth Effective October 1, 2026 RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance establishing maximum permitted rates and charges that Atmos Energy Corporation, d/b/a Atmos Energy Corporation, Mid -Tex Division, may assess customers in the City of Fort Worth, effective October 1, 2026, pursuant to a negotiated settlement of Atmos' proposed rate increase under its 2026 Rate Review Mechanism filing. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to approve a negotiated settlement with Atmos Energy Corporation, d/b/a Atmos Energy Corporation, Mid -Tex Division (Atmos or Company), regarding Atmos' 2026 filing under the Rate Review Mechanism (RRM). The settlement was negotiated and is recommended by the Executive Committee of the Atmos Cities Steering Committee (ACSC), a coalition of 181 cities including Fort Worth (ACSC Members), which work cooperatively to provide members with more effective and efficient representation on natural gas -related issues. The RRM Settlement serves as an alternative rate adjustment mechanism to the default process outlined in state law. Like the state -law adjustment mechanism, the RRM allows Atmos to adjust rates to recover capital improvement costs. Unlike state law, however, the RRM considers Atmos' overall financial situation, including operating costs and revenues, and allows cities, as regulatory entities, to review filings and disallow expenses or investments determined to be unreasonable or unnecessary. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018 (Ordinance 23149-03-2018). The RRM process has generally resulted in lower rate increases than Atmos would have been entitled to implement under default state law. 1 of 4 FORT WORTH,, On or about April 1, 2026, Atmos filed a rate request under the RRM Tariff claiming that its cost -of -service for the test year ending December 31, 2025, entitled it to a system -wide revenue increase of $291.1 million. Application of the specific standards set forth in ACSC's RRM Tariff automatically reduced the Company's request by $17.5 million, to $273.6 million. Following a thorough review and discovery process, ACSC's consultants concluded that the actual system -wide revenue deficiency under the RRM regime was $253.4 million. After multiple settlement meetings, ACSC and Atmos agreed to settle the case for $260.5 million in additional system -wide revenues, which includes the payment of ACSC's rate case expenses. This final settled amount represents a total reduction of $30.6 million from Atmos' original request, consisting of $17.5 million saved by applying strict tariff standards and an additional $13.1 million saved through negotiated adjustments. City staff concur with the ACSC Executive Committee's recommendation that the City Council adopt the attached Ordinance approving the negotiated settlement rates and charges before October 1, 2026. The new rates will become effective October 1, 2026. Fort Worth vs. Atmos Mid -Tex Division RRM Tariff- Settlement Comparison: The average monthly residential consumption in Fort Worth is 37.5 Centum Cubic Feet (CCF), which is less than the 40.7 CCF average for Atmos residential customers. This corresponds to an average monthly residential bill of $101.42 in Fort Worth, which is 5.96% lower than the system -wide average bill of $107.85 for Atmos residential customers. Conversely, the average monthly commercial consumption in Fort Worth is 489.9 CCF, which is higher than the 372.6 CCF average for Atmos commercial customers. This corresponds to an average monthly commercial bill of $615.67 in Fort Worth, which is 23.69% higher than the system -wide average bill of $497.75 for Atmos commercial customers. These figures reflect average total monthly bills, including base rates, cost of gas, and applicable fees. Fort Worth - Current vs. Settlement Current Fort Worth Settlement Percentage Average Settlement Tariff Rate- Average Average Increase Unit Monthly Monthly Customer Consumption Monthly Bill with Gas Bill with Change Class with Gas Cost Cost 37.5 489.9 CCF CCF Gas Cost $89.00 $563.95 $101.42 $615.67 $12.42 $51.72 13.96% 9.17% Residential Commercial Atmos Mid -Tex Division RRM Tariff 2 of 4 FORT WORTH,, On approval of the attached Ordinance, the rates shown in Exhibit A of the Ordinance will be effective for bills rendered on or after October 1, 2026. Key elements of rate changes are as follows: Tariff Rate - Customer Class Current Settlement R - Residential Customer Charge Consumption Charge/CCF $23.65 $0.74748 $24.35 $1.03839 C - Commercial Customer Charge $94.00 $115.50 Consumption Charge/CCF $0.22261 $0.27784 1 - Industrial Customer Charge Consumption Charge Tier 1 /MMBtu Consumption Charge Tier 2 /MMBtu $1,848.75 $2,304.50 $0.7678 $0.5623 $0.9582 $ 0.7018 Consumption Charge Tier 3 $0.1206 $0.1505 /MMBtu T - Transportation Customer Charge $1,848.75 $2,304.50 Consumption Charge Tier 1 $0.7678 $0.9582 /MMBtu Consumption Charge Tier 2 $0.5623 $0.7018 /MMBtu Consumption Charge Tier 3 $0.1206 $0.1505 /MMBtu The ACSC staff report includes the Company's Average Bill Comparison base rates on average monthly bills for Atmos Mid -Tex Division customers, by Customer Class; Base Rates Test Year Ending December 31, 2025. As stated above, Fort Worth residential consumption is lower than the average while its commercial consumption is higher. The following table represents the average bill impact across all of the ACSC. Atmos Mid -Tex Bill Impact (ACSC): Current Settlement ACSC Tariff Percentage Average Average Settlement Rate -Customer Average Increase Unit Monthly Monthly Bill Monthly Class Average Consumption with Gas Bill with with Gas Change Bill Cost Gas Cost Cost 3 of 4 FORT WORTH,, Residential 40.7 372.6 1,263.0 4,935.0 CCF $94.48 CCF $452.93 MMBtu $7,772.42 MMBtu $10,026.07 $107.85 $497.75 $8,514.00 $11,326.02 $13.37 $44.82 $741.58 $1,299.95 14.15% 9.90% 9.54% 12.97% Commercial Industrial Transportation This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: ADDITIONAL INFORMATION CONTACT: ATTACHMENTS Valerie R. Washington, #6192 Marilyn Marvin, #7708 Juanita Rigsby, #8518 1. Attachment 1 C Y 25 MTX RRM - Tariffs [7.1.23.1 - 10 pages] 2. Attachment 2_ C Y 25 MTX RRM - Pension Benchmark [7.1.23.2 - 1 page] 3. Atmos Mid- Tex 2026 RRM Ordinance ( Legal Approval) [7.1.23.3 - 5 pages] 4 of 4