HomeMy WebLinkAboutNotice of Hearing.pdfOffice of the Secretary
Service Date
August 2, 2001
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF AVISTA CORPORATION DBA AVISTA
UTILITIES—WASHINGTON WATER
POWER DIVISION (IDAHO) FOR
AUTHORITY TO REVISE ELECTRIC
TARIFF SCHEDULE 66—TEMPORARY
POWER COST ADJUSTMENT—IDAHO
AND TO IMPLEMENT A RELATED
SURCHARGE.
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. AVU-E-01-11
NOTICE OF APPLICATION
NOTICE OF INTERVENTION
DEADLINE
NOTICE OF SCHEDULING
NOTICE OF HEARING
ORDER NO. 28811
YOU ARE HEREBY NOTIFIED that on July 18, 2001, Avista Corporation dba Avista
Utilities—Washington Water Power Division (Idaho) filed an Application for authority to
implement an electric Schedule 66 Power Cost Adjustment (PCA) surcharge. The Company
proposes a 14.7% surcharge for an effective date of September 15, 2001. The proposed surcharge
will be in addition to an existing 4.8% surcharge which is scheduled to expire January 31, 2002.
The Company is proposing that both surcharges remain in place until December 31, 2003. The
incremental increase of 14.7% will result in a total surcharge in effect under Schedule 66 of 19.4%
($23.6 million). To further reduce the deferred power cost balance, the Company is proposing to
accelerate amortization of the credit balance related to the recent monetization of a Portland General
Electric (PGE) sale agreement.
Avista in its Application states that a combination of low hydroelectric conditions and
unprecedented high wholesale market prices have created the necessity for prompt rate relief in
order to enable it to obtain financing necessary to support the ongoing operations of the Company.
Hydroelectric conditions for 2001, the Company reports, have continued to deteriorate to the lowest
level in the 73 years of record.
Avista states that it has not been able to obtain construction financing for its Coyote
Springs II project because lenders are concerned about the size of the deferral balances and the
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SCHEDULING 1
NOTICE OF HEARING
ORDER NO. 28811
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SCHEDULING 2
NOTICE OF HEARING
ORDER NO. 28811
absence of rate relief necessary to deal with the deferred cost balances in a timely manner. The
Company contends that if prompt relief is not granted, the Company will not be able to complete
anticipated financings and will not be able to meet certain debt covenants by the end of this year.
As a result, the Company would not be able to borrow under its line of credit. With the requested
surcharge, and recovery of the deferral balances, under current plans, the Company states that it
would be able to continue to access capital to meet its obligations.
The Company recognizes that the proposed total surcharge of 19.4% exceeds the 10%
limit recently approved by the Commission in Case No. AVU-E-01-01. The Company notes that in
that case, however, the Commission approved the Company’s request to use the 10% of base
revenues as a guide rather than a hard and fast rule. At page 13 of the Commission’s Order
No. 28775 dated July 12, 2001, approving modification to the PCA mechanism, the Commission
states:
As agreed to by the Company and Staff, the limit, not the trigger, on
surcharges or rebates will be raised to $12 million or about 10% of base
revenues. Rather than a hard and fast rule, the Company, if circumstances
arise, may request and seek to justify a different amount.
The Company believes the record-low hydroelectric generation that has caused the
Company to make purchases in the short-term wholesale market at unprecedented high prices and
the resulting financial impact on the Company warrants the higher PCA surcharge being proposed
at this time.
Avista states that it has filed its Application prior to completing its testimony in order to
start the flow of information between the parties as soon as possible. The Company intends to file
written testimony on August 2, 2001 that will provide additional details related to its request for rate
relief.
The Company states that it is requesting expedited handling of its Application because of
its urgent need for rate relief. Prompt relief, it states, is necessary to improve cash flow, but more
importantly, to begin to deal with the large deferral balances so that the Company can continue to
finance expenditures for energy included in the deferral balance for its construction expenditures
and its day-to-day operations.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SCHEDULING 3
NOTICE OF HEARING
ORDER NO. 28811
Recent Changes in Conditions and Deferred Cost Balances
Avista reports that its PCA deferral balance has risen substantially during the last two
months (May and June). The actual balance of the deferral account for the Idaho jurisdiction at
June 30, 2001 has increased to $30 million. Current estimates, the Company contends, show a
deferral balance for the Idaho jurisdiction of $69 million at December 31, 2001, $72 million at the
end of 2002, and $88 million at the end of 2003. Reference Application Attachment 1, p. 1.
A major portion of the increase in the deferral balance is driven by continued
deterioration in hydroelectric generation. Under “critical water” conditions the annual reduction in
generation is expected to be approximately 150 aMW. The generation for 2001 is currently
estimated to be 194 aMW below the norm of 550 aMW. The record low hydroelectric conditions
required it, the Company states, to purchase energy in the forward short-term wholesale market to
replace the lost generation and cover its energy deficiencies. These purchases were made at
unprecedented high wholesale market prices and caused deferral balances to increase substantially.
The loss of a record 194 aMW of hydroelectric generation during 2001 has resulted in an estimated
increase in gross cost to Avista of $290 million on a system basis, at the wholesale market prices
being experienced by the Company during the year. The combination of the hydroelectric impacts
and the market purchases for 2001, the Company states, is approximately $400 million on a system
basis. This exceeds Avista’s annual gross retail electric revenues on a system basis of
approximately $360 million.
Furthermore, in the past month, wholesale prices, the Company states, have decreased
dramatically, due in large part to FERC’s price mitigation order issued on June 19, 2001. The
substantial decline in forward market prices in the last month has reduced the value of future
surplus energy on Avista’s system that could be used to offset the increased power costs
experienced by the Company in 2001.
The Company reports that it has taken a number of measures to mitigate the increased
power costs, such as increased operation of its thermal resources, locking in fixed-price purchases
in the prior year, aggressively pursuing conservation and low curtailment programs, and
implementing a hiring freeze and cutting budgets. However, the Company states that the costs
associated with the hydroelectric conditions and wholesale market prices (costs beyond the
Company’s control) have overwhelmed the benefits these measures have provided.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SCHEDULING 4
NOTICE OF HEARING
ORDER NO. 28811
Financial Implications
In addition to the cash required to support power cost deferrals, Avista states that it also
has cash needs for funding gas deferrals, for normal construction and capital improvements, for the
completion of construction of Coyote Springs II and a number of small generation projects, to fund
conservation programs, and to repay maturing securities. Avista’s Application includes a chart
showing total electric and natural gas deferral balances for both the Washington and Idaho
jurisdictions for each month of 2001. The chart shows total electric and natural gas deferral
balances of $319 million at December 31, 2001. Current estimates show that without a surcharge,
utility financing needs will total $434 million from now until the end of 2002, primarily to fund
energy costs, required utility construction (including generation projects), and debt and preferred
stock maturity. Investor concerns surrounding cash flows, deferral balances and the ability to
recover costs in a timely manner, the Company states, have already had an impact on the
Company’s financing. The Company’s Application details related consequences. The Company
states that it will be unable to complete any financings absent substantial progress toward recovery
of the deferral balances, including an immediate increase in rates. Banks have told Avista that they
will not complete construction financing of Coyote Springs II based on the Company’s current
credit risk. The Company’s plans to sell common stock this fall to provide a portion of external
funds needed are also complicated by its deferral balances. Without relief, the Company states that
its inability to borrow under its credit line will make it very difficult, if not impossible, to sell
common stock at a reasonable price and in the time period that the Company had planned.
Avista notes that it currently has an investment grade rating (BBB with a negative
outlook for its senior unsecured debt). The Company’s financial indicators have been deteriorating
and without additional equity financing and approved cash flows from operations, projected 2001
financial indicators as depicted in Application attachments are not adequate to maintain an
investment grade (BBB) credit rating. Institutional investors such as the pension fund managers,
the Company contends, are much less likely to purchase securities with ratings below investment
grade. As a result, the Company contends that a drop below investment grade would have a
significant impact on the Company and its customers by causing a substantial increase in borrowing
costs to finance the business. Commission support and action through a surcharge, the Company
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SCHEDULING 5
NOTICE OF HEARING
ORDER NO. 28811
maintains, is critical to enable the Company to complete financings needed for continued utility
operations and to help mitigate potential reductions in credit ratings.
Proposed Tariff Changes
The rates set forth in the Company’s proposed PCA Schedule 66 reflect an annual
revenue surcharge amount of $23.6 million or 19.4%. As previously indicated, the present
Schedule 66 includes a surcharge of $5.7 million or approximately 4.8%, which is scheduled to
expire January 31, 2002. The proposed incremental rate increase to customers is approximately
14.7%. In developing the surcharge of 14.7%, the Company states that it attempted to achieve a
balance of mitigating the overall impact to customers, while also reducing the surcharge balance to
zero as quickly as possible to address the concerns of the financial community. The Company is
proposing to use the deferred credit on the Company’s balance sheet related to the monetization of
the Portland General Electric (PGE) sale agreement as an offset to the power cost deferral balance
to reduce the overall rate impact to customers. The Company is then proposing that the remaining
balance of the deferred costs be recovered by the end of 2003 through the surcharge.
With regard to the PGE monetization credit, the Company is currently amortizing the
PGE monetization credit balance over a 16-year period (1999-2014) to match the original revenue
stream under the PGE contract. The Company is proposing in this filing to accelerate the
amortization of the PGE credit balance, beginning in October 2001, and apply the increased
amortization against the deferred power cost balance, which would reduce the amount of deferred
power costs that must be collected from customers through the surcharge. The Company is
proposing that the amortization be increased to a level that would cause the PGE balance on
Avista’s balance sheet on October 1, 2001, to be fully amortized by December 31, 2002. This is
one year earlier than the targeted date of December 31, 2003, to eliminate the power cost deferral
balance. By using the PGE credits at a faster rate than the December 31, 2003 date, the overall
surcharge to customers, the Company states, is decreased. The accelerated amortization of the PGE
balance would not improve the Company’s cash flow, since these entries would be non-cash
accounting entries, but would mitigate the overall impact to customers from the power cost
deferrals. The accelerated amortization of the PGE balance would reduce the deferred power cost
balance by $34.6 million by December 31, 2002.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SCHEDULING 6
NOTICE OF HEARING
ORDER NO. 28811
After reducing power cost deferrals by the accelerated amortization of the PGE balance,
the Company calculated the additional surcharge (14.7%) necessary to reduce the deferred power
cost balance to zero by December 31, 2003. As part of the overall proposal, the present surcharge
under Schedule 66 of 4.8%, which is incorporated in the proposed Schedule 66 rates, would not
expire at the end of January 2002, but would continue through December 31, 2003.
December 2003 was chosen in an effort to balance a number of competing
considerations including the size of the surcharge, the duration of recovery of the deferral balance,
the need to immediately improve the financial help of the Company, as well as taking into
consideration the timing of the need for additional power resources. A surcharge period shorter
than December 2003, the Company states, would improve the financial health of the Company
sooner, but would result in a significantly higher surcharge rate increase. A surcharge period
beyond 2003 would extend into a period when the Company shows a need for new firm energy
resources. The Company’s existing 200 MW purchase from TransAlta expires in December 2003,
and Avista will need additional firm energy resources beginning in 2004. The costs associated with
these new resources, the Company states, may cause an increase in retail rates, therefore, the
Company is proposing a surcharge period that ends prior to 2004.
The Company recognizes that a portion of the costs included in the 27-month recovery
plan (through December 2003) are projected at this time, and proposes that the surcharge rates
under Tariff Schedule 66 be adjusted in the future based on actual costs. The Company has
included language under the proposed tariff addressing periodic review and adjustment of the rates
by the Commission.
The Company proposes to recover the surcharge amount on a uniform percentage basis
to all general service schedules. The annual revenue surcharge by service schedule is then applied
only to the energy charge(s) within each schedule. The resulting increase for a residential Schedule
1 customer using 1,000 kWh per month would be 13.9%, or $7.55 per month. The percentage
increase for a customer using 600 kWh per month would be 12.9%, or $4.16 per month. The
increase for a customer using 1,400 kWh per month would be 14.4%, or $10.94 per month.
As service Schedules 11, 21 and 25 contained only a single energy block, the application
of the surcharge is more straightforward. For pumping service schedules 31 and 32, the Company
proposes application of the surcharge on an equal cents per kWh basis to the energy block rates
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SCHEDULING 7
NOTICE OF HEARING
ORDER NO. 28811
under the schedule. The rates under the schedule are presently on a declining block basis, with an
implied demand charge included in the first block rate. For street and area lighting Schedules 41 to
49, the proposed increase is being applied on a uniform percentage basis to the present rates under
those schedules. The Company proposes an effective September 15, 2001 date for the change in
rates.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of
record in Case No. AVU-E-01-11. The Commission notes that this is the Company’s first filing
under its recently modified PCA methodology. The Commission finds it reasonable to proceed to
hearing in this case. The Commission has suspended the proposed effective date, i.e.,
September 15, 2001, to allow for the reasonable and expeditious processing of the Company’s filing
while comporting with other demands on the Commission’s time and calendar. Reference
Commission Order No. 28814.
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in Case
No. AVU-E-01-11 for the purpose of becoming a party, i.e., to present evidence, to acquire rights of
cross-examination, to participate in settlement or negotiation conferences, and to make and argue
motions must file a Petition to Intervene with the Commission pursuant to this Commission’s
Rules of Procedure 72 and 73, IDAPA 31.01.01.072 and -.073. Persons desiring to intervene in
Case No. AVU-E-01-11 must file a Petition to Intervene on or prior to Wednesday, August 15,
2001.
Persons desiring to present their views without parties’ rights of participation and cross-
examination are not required to intervene and may present their comments without prior notification
to the Commission or the parties.
Pursuant to Agreement of the Company and the Commission YOU ARE FURTHER
NOTIFIED that the Commission has adopted the following scheduling for pre-file of direct
testimony in Case No. AVU-E-01-11:
August 2, 2001
August 29, 2001
September 4, 2001
Pre-file deadline direct testimony—Avista Utilities
Pre-file deadline direct testimony—Staff and Intervenors
Pre-file deadline rebuttal testimony—Avista Utilities
The pre-file deadlines are in-hand dates. The prepared testimony and exhibits must conform to the
requirements of Rules 266 and 267 of the Commission's Rules of Procedure. Reference IDAPA
31.01.01.266-267.
YOU ARE FURTHER NOTIFIED that discovery is available in Case No. AVU-E-01-
11 pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.221-234.
YOU ARE FURTHER NOTIFIED that the Commission will conduct a public hearing
in this matter on WEDNESDAY, SEPTEMBER 12, 2001, COMMENCING AT 9:30 A.M.,
AT_THE KOOTENAI COUNTY ADMINISTRATION BUILDING (ROOMS 1A & B), 451
GOVERNMENT WAY, COEUR D’ALENE, IDAHO, and continuing if necessary the following
day, September 13th at the same location.
YOU ARE FURTHER NOTIFIED that Avista’s Application together with the filings of
record in Case No. AVU-E-01-11 can be reviewed at the Commission’s office in Boise, Idaho and
at the Company’s Idaho offices during regular business hours.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant
to the Commission’s jurisdiction under Title 61 of the Idaho Code and that the Commission may
enter any final Order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that all hearings and pre-hearing conferences in this
matter will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act. In order to participate, understand testimony and argument at a public hearing,
persons needing the help of a sign language interpreter or other assistance may ask the Commission
to provide a sign language interpreter or other assistance as required under the Americans with
Disabilities Act. The request for assistance must be received at least five (5) working days before
the hearing by contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074
(208) 334-0338 (TELEPHONE)
(208) 334-3762 (FAX)
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SCHEDULING 8
NOTICE OF HEARING
ORDER NO. 28811
O R D E R
In consideration of the foregoing and as more particularly described above, IT IS
HEREBY ORDERED and the Commission does hereby adopt the procedure and scheduling set out
above.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this _______
day of August 2001.
PAUL KJELLANDER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
Jean D. Jewell
Commission Secretary
vld/O:AVU-E-01-11_sw
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SCHEDULING 9
NOTICE OF HEARING
ORDER NO. 28811