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HomeMy WebLinkAbout20231027Stipulations and Settlement.pdf STIPULATION AND SETTLEMENT PAGE 1 OF 10 Preston N. Carter, ISB No. 8462 Morgan D. Goodin, ISB No. 11184 GIVENS PURSLEY LLP 601 West Bannock Street P.O. Box 2720 Boise, Idaho 83701-2720 Office: (208) 388-1200 Fax: (208) 388-1300 prestoncarter@givenspursley.com morgangoodin@givenspursley.com 18045390.3 Attorneys for Falls Water Co., Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF FALLS WATER CO., INC. FOR THE AUTHORITY TO INCREASE ITS RATES AND CHARGES FOR WATER SERVICE IN THE STATE OF IDAHO Case No. FLS-W-23-01 STIPULATION AND SETTLEMENT STIPULATION AND SETTLEMENT This Stipulation and Settlement (“Stipulation”) is entered into by and between Falls Water Co., Inc. (“Falls Water” or “Company”) and Staff for the Idaho Public Utilities Commission (“Staff”) (collectively, “Parties,” individually, “Party”). INTRODUCTION The terms and conditions of this Stipulation are set forth below. The Parties agree that this Stipulation represents a reasonable compromise of the issues raised in this proceeding. The Parties recommend that the Idaho Public Utilities Commission (“Commission”) approve the Stipulation, without change, pursuant to Commission Rules of Procedure 271, 272, and 274, IDAPA 31.01.01.271, 272, and 274. RECEIVED Friday, October 27, 2023 3:07:58 PM IDAHO PUBLIC UTILITIES COMMISSION STIPULATION AND SETTLEMENT PAGE 2 OF 10 BACKGROUND On May 15, 2023, Falls Water filed a corrected general rate case application requesting authority to increase rates by approximately $1,174,000 or approximately 47.3%, with a proposed effective date of July 1, 2023. On June 5, 2023, the Commission issued a Notice of Application, Notice of Suspension of Proposed Effective Date, Notice of Intervention Deadline, Order No. 35806. On August 2, 2023, the Commission scheduled a virtual public workshop, set a deadline for Staff testimony, and deadline for the Company’s rebuttal testimony. The scheduled virtual customer workshop was held August 16, 2023, by telephone and webex. After the Application was filed, Staff propounded numerous production requests, which Falls Water responded to. On October 2 and 3, 2023 the Parties met for two settlement conferences and exchanged additional information afterwards. The Parties have agreed to the terms set forth in this Stipulation, subject to approval of the Commission. On October 13, 2023, the Commission vacated the comment deadlines to allow the Parties to present this Settlement to the Commission for review. As a compromise of positions in this proceeding, and for the mutual promises and consideration set forth below, the Parties stipulate and agree to the following terms. TERMS OF THE SETTLEMENT 1. Revenue requirement. The Parties agree that Falls Water shall be allowed to implement revised tariff schedules designed to recover $3,199,665 in total revenue requirement (the “Revenue Requirement”). This reflects an increase in revenue requirement of approximately $714,562, or an increase of approximately 28.8%. The Parties agree that the Revenue STIPULATION AND SETTLEMENT PAGE 3 OF 10 Requirement includes the following components, as summarized in Exhibit Nos. 1 and 2, including a total rate base of $9,589,322 shown in Exhibit No. 2, Line No. 105, and a Return on Equity (“ROE”) of 9.7%. The adjustments to the Company’s initial application are shown in the following table and explained in further detail below. Adjustment Revenue Requirement Impact ($) Company Initial Application 1,174,356 a. Gross Revenue Multiplier (17,397) b. Change Interest on Debt (34,464) c. Change ROE to 9.7% (37,944) d. Water Assessment to Actuals (64,268) e. Water Mitigation Amortization (34,517) f, Rate Case Amortization to 3 Years (31,746) g, Amortization Expense Reclass (2,234) h. Update Depreciation Rates (75,637) i. Proforma Plant in Service Removal (90,692) j. Proforma Plant Accumulated Depreciation 2,379 k. Proforma Depreciation Expense (16,933) l. Proforma Plant to Actual Cost 1,173 m. Restricted Stock Unit Benefit (29,437) n. Employee Bonuses (11,071) o. Actual 401k Expense (4,876) p. Seasonal Employee (9,754) q. Normalize Purchase Power (2,376) Agreed Revenue Requirement 714,562 a. Gross Revenue Multiplier: Updates the gross revenue multiplier to the most current Commission assessment. b. Change Interest on Debt: Lowers the interest rate on the implied debt to 4.698% c. Change ROE to 9.7%: Establishes the authorized ROE at 9.7% d. Water Assessment to Actuals: Removes all estimates and accruals for the Water Mitigation Balancing account, leaving only actual expenses. STIPULATION AND SETTLEMENT PAGE 4 OF 10 e. Water Mitigation Amortization: The Parties agree that Falls Water will establish a balancing account effective December 15, 2023, for recovery of its water mitigation expenses. The beginning balance of the balancing account shall be $148,136, which reflects the current amount deferred for these costs pursuant to Order No. 35706. Falls Water will book to the balancing account 1) actual costs levied by and paid to the irrigation district by Falls Water, and 2) amounts authorized by the Commission to be recovered each month. Under the stipulation, Falls Water will be authorized to collect $183,920 annually for water mitigation expenses. In the Company’s next general rate case, the Company will provide updated balancing account information and propose whether to continue the use of the balancing account for recovery of these expenses. f. Rate Case Amortization to Three Years: Increases the amortization period for rate case expenses from one year to three. g. Amortization Expense Reclass: Removes amortization expense from Operations and Management expense for calculation of the working capital allowance. h. Update Depreciation Rates: The Company will update its depreciation rates according to the table below. Account Depreciable Life (Years) 304 - Well Structures & Improvements 25 307 - Wells 25 310 - Generators 25 311 - Pumps & Accessories 20 320 - Separators - Sand Separators 20 321 - Separators - Chlorinators 7 331 - Water Mains 50 STIPULATION AND SETTLEMENT PAGE 5 OF 10 334 - Meters - Customer Meters 25 335 - Meters - Flow Meters 10 335 - Hydrants 30 339 - Other Plant & Equipment Various 340 - Office Equipment - Technology 5 341 - Office Equipment - Other 10 341 - Transportation Equipment 10 343 - Tools & Equipment 10 345 - Power Operated Equipment 10 348 - Other Tangible Plant 39 i. Proforma Plant in Service Removal: Plant in service after September 1, 2023, is not included for recovery in this case. Prudence of plant placed in service after September 1, 2023 will be determined in the Company’s next general rate case. j. Proforma Plant Accumulated Depreciation: Adjusts the accumulated depreciation associated with the projects removed in adjustment i. k. Proforma Depreciation Expense: Adjusts the depreciation expense associated with the projects removed in adjustment i (proforma plant in service removal). l. Proforma Plant to Actual Cost: Trues up the costs of proforma capital projects to actual costs. m. Restricted Stock Unit Benefit: Removes the restricted stock unit benefit from rates. n. Employee Bonuses: Removes Christmas bonuses and 50% of the manager’s bonus. o. Actual 401k Expense: Changes the proforma 401k matching expenses to actual expenses in 2022. STIPULATION AND SETTLEMENT PAGE 6 OF 10 p. Seasonal Employee: Adjusts the proforma seasonal employee expense to an equivalent of a temporary employee for three months instead of six months. q. Normalize Purchased Power: Normalizes purchased power expense based on 2022 actual purchased power expenses. 2. Rate design and consolidation. The Parties agree that the Revenue Requirement shall be collected in accordance with the rate design set forth in Exhibit No. 3. As set forth in Exhibit No. 3, the basic charges for the Taylor Mountain and Falls Water systems will be consolidated by meter size, and basic charges for the Morning View water system will be separated by acre size regardless of meter size. Taylor Mountain and Falls Water basic charges increased 20 percent from Falls Water current basic charges and Morning View’s basic charges reduced $5 for each lot size. The Parties agree to move towards consolidation of the three water systems, each system shall have the same volumetric rates of $0.64 and $1.439 per 1,000 gallons for second and third block allotted usage, respectively. All systems will share a three-block tier structure as proposed by the Company. Falls Water and Taylor Mountain customers will be subject to the Company proposed 3-block tier based on their meter size, whereas all Morning View customers will be subject to the consolidated one-inch meter size block tier allotments. 3. Billing determinants. The Parties agree that billing determinants shall be as proposed by the Company in its Application and Testimony. 4. Rate effective date: The Parties agree that, if this Stipulation and Settlement is approved by the Commission, the effective dates for the resulting rates will be December 15, 2023. STIPULATION AND SETTLEMENT PAGE 7 OF 10 5. Secondary Irrigation: The Parties support approval of the Company’s proposal regarding secondary irrigation systems. Irrigation revenues will be considered system revenues. 6. Revisions to tariffs: The Parties agree that the components of this Settlement Agreement will be reflected in tariffs to be filed by the Company in accordance with any Commission order approving this Stipulation and Settlement. The revised tariff will include the Equal Pay Plan as proposed in the Company’s Application and Testimony.1 7. Facility plans: The Parties agree that the Company will provide facility plans for the Morning View and Taylor Mountain systems to Commission Staff by February 1, 2024. 8. Plans to mitigate water losses: The Parties agree that the Company will develop plans to identify root causes of water losses and related mitigation measures to address them and provide them to Commission Staff, no later than June 1, 2024. 9. Plans to implement meter accuracy testing: The Parties agree that the Company will develop plans to implement a meter accuracy testing program and provide them to Commission Staff, no later than June 1, 2024. GENERAL PROVISIONS 10. The Parties agree that this Stipulation represents a compromise of the positions of the Parties on all issues in this proceeding. Other than the above-referenced positions, any testimony filed in support of the approval of this Stipulation, and except to the extent necessary for a Party to explain before the Commission its own statements and positions with respect to the Stipulation, none of the negotiations relating to this Stipulation shall be admissible as evidence in this or any other proceeding regarding this subject matter. 1 The late payment charge does not apply to unpaid, negative balances accrued while in good standing in the Equal Pay Plan. STIPULATION AND SETTLEMENT PAGE 8 OF 10 11. The Parties submit this Stipulation to the Commission, and recommend that the Commission approve the Stipulation in its entirety pursuant to Commission Rule of Procedure 274, IDAPA 31.01.01.274. The Parties shall support this Stipulation before the Commission. No Party shall appeal any portion of this Stipulation or any Order approving this Stipulation. 12. The Parties request that the Commission consider and approve this Stipulation as expeditiously as possible, while allowing for sufficient public input. The Parties stand ready to file comments and otherwise participate in any hearing or other process established by the Commission to consider this Stipulation. 13. The Parties agree that this Stipulation and the resulting rates are fair, just, and reasonable, in the public interest, and otherwise in accordance with law or regulatory policy. Accordingly, the Parties agree that the Stipulation should be accepted without modification. 14. In the event the Commission issues an order that rejects any part of, or all of, this Stipulation, or imposes any additional conditions on this Stipulation, each Party reserves the right, upon written notice to the Commission and the other Parties, within 14 days of such order, to withdraw from this Stipulation. In such case, no Party shall be bound by any term of this Stipulation. 15. No Party shall be bound by, benefitted by, or prejudiced by any position asserted in the negotiation of this Stipulation, or while advocating for approval of this Stipulation. Agreement to this Stipulation is not an acknowledgement by any Party of the acknowledgement by any Party of the validity or invalidity of any particular method, theory, or principle of regulation or cost recovery. 16. The obligations of the Parties under this Stipulation are subject to the Commission’s approval of this Stipulation. If any person not a Party to this Stipulation appeals, seeks judicial review of, or otherwise challenges this Stipulation, the Party’s obligations under STIPULATION AND SETTLEMENT PAGE 9 OF 10 this Stipulation are subject to the Stipulation, or the Commission’s approval of this Stipulation, being affirmed, upheld, or otherwise confirmed by the reviewing court. DATED October 27, 2023. GIVENS PURSLEY LLP By: Preston N. Carter Attorneys for Falls Water Co., Inc. Idaho Public Utilities Commission Staff By: ____________________________ Dayn Hardie Deputy Attorney General STIPULATION AND SETTLEMENT PAGE 10 OF 10 CERTIFICATE OF SERVICE I hereby certify that on October 27, 2023, I caused to be served a true and correct copy of the foregoing document to the person(s) listed below by the method indicated: Jan Noriyuki, Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8, Suite 201-A Boise, ID 83714 jan.noriyuki@puc.idaho.gov _________________________________________ Preston N. Carter 1 Rate Base 9,589,322$ 2 Required Rate of Return 7.19% 3 Net Operating Income Requirement 689,442$ 4 Net Operating Income Realized 158,733$ 5 Net Operating Income Deficiency 530,709$ 6 Rate of Return prior to Rate Change 1.66% 7 Net Operating Income Deficiency 530,709 8 Gross up Factor 1.346430 9 Total Incremental Revenue Requirement 714,562 10 Revenues at existing rates 2,485,103$ 11 Total Revenue Requirement 3,199,665$ 12 Percent Increase Required 28.8% 714,562 13 Total Gross Revenues 1.0000000 14 Less Uncollectibles ( percentage)- 15 Less 2023 Regulatory Fees (percentage)0.0019820 16 Less Bank Service Charge Fees (percentage)- 17 Net Revenue 0.998018 18 State Income Tax Rate 0.057885 19 Federal Income Tax Base 0.940133 20 Federal Income Tax Rate 0.197428 21 Net Operating Revenue 0.742705 22 Net Income to Gross Revenue Multiplier 1.34643 23 Composite Fed and State Tax Rate 25.58% Net to Gross Multiplier Exhibit 1 - Revenue Requirement FLS-W-23-01 Exhibit 1 Page 1 of 1 Line No.Ordinary Income/Expense Settlement Income 1 400 · Operating Revenue 2 461.1 · Metered Residential 2,356,048 3 461.2 · Commercial Revenue 120,051 4 462 - Fire Protection Revenue - 5 464 - Other Water Sales Revenue 9,004 6 470 · Late Payment Fee Revenues - 7 471 · Misc Service Revenues - 8 Total 400 · Operating Revenue 2,485,103 9 414 · Gain (Loss) on Property - 10 Total Income 2,485,103 Expense 11 601.5 · Labor Field 393,027 12 601.8 · Labor Office 92,451 13 601.9 · Admin - Labor 118,981 14 602 · Payroll Expense Contra Account (51,745) 15 604 · Employee Benefits 150,888 16 610 · Purchased Water - 17 615 · Electrical Power 275,323 18 618 · Chemicals 11,375 19 620.2 · Source M&S 24,231 20 620.6 · Distribution M&S 16,838 21 620.7 · Postage 31,945 22 620.8 · Office 39,039 23 620.81 · Telephone Expense 14,683 24 620.82 · Bank service charges 41,170 25 620.83 · Office Utilites Expense 4,496 26 631.1 · Engineering 7,625 27 631.2 · Accounting 8,970 28 631.3 - Attorney 1,485 29 631.4 · Payroll Services 15,280 30 634.1 - NWN Shared Services 189,562 31 635 · Testing 26,728 32 636.2 · Source Contract Repairs - 33 636.3 · Trash 1,226 34 636.4 · Outsourced Bad Debt Collection - 35 636.6 · Distribution Contract Repairs - 36 636.7 · Data Processing 88,257 37 636.8 - Contract Service - Consulting - 38 641 · Rental of Property - 39 642 · Rental of Equipment - 40 645 - Lease Rent Exp - Interest 901 41 646 - Lease Rent Exp - Depreciation 4,825 42 650 · Transportation Expense 56,582 43 656 · Insurance Expense 98,517 44 656.10 · Insurance Contra Acct (900) 45 656.1 · Workers Compensation Ins - 46 660 · Advertising Expense 111 Exhibit 2 - Components of Revenue Requirement FLS-W-23-01 Exhibit 2 Page 1 of 3 47 668.1 · Water District Fees - 48 666 · Rate Case Amortization - 49 670 · Bad Debt Expense 13,008 50 675.1 · Training Expenses 4,093 51 675.2 · Dues & Publications 4,719 52 675.4 · IDHW Fee Expense 19,982 53 675.9 - 2012 MXU Proj Mtr Reader Lbr - 54 Total Expense 1,703,672 Net Ordinary Income 781,431 55 Other Income/Expense - 56 Other Income - 57 419 · Interest Earned - 58 421 · Non-Utility Income - 59 Total Other Income - 60 Other Expense 61 403 · Depreciation Expense 346,155 407 - Amortizaton Expense Other 199,587 62 408 · Taxes - 63 408.11 · Property Taxes 43,211 64 408.12 · Payroll Taxes 50,124 65 408.5 · Payroll Taxes - Contra Account (5,001) 66 Total 408 · Taxes 88,334 67 Income Taxes (16,525) 68 408.10 · Regulatory Fee 5,147 69 426 · Misc. Non-Utility Expenses - 70 426.1 · Donations - Tax Deductible - 71 427.3 · Interest Expense - 72 Total Other Expense 622,698 73 Net Other Income (622,698) 74 Net Income 158,733 75 Net before int & Tax 137,207 76 Interest (cost of debt (cap struct) * rate base)201,804 77 Net before Tax (64,596) 78 Tax (16,525) Plant In Service 79 303 - Land & Land Rights 2,266,675 80 304 - Well Structures & Improvements 1,356,881 81 307 - Wells 683,008 82 310 - Generators 258,810 83 311 - Pumps & Accessories 793,127 84 320 - Purification Systems 74,104 85 331 - Water Mains 3,958,037 86 334 - Meters 1,736,954 87 335 - Hydrants 63,277 88 339 - Other Plant and Misc Equip 103,528 89 340 - Office Equipment 264,974 90 341 - Transportation Equipment 289,274 91 343 - Tools & Equipment 105,248 92 345 - Power Operated Equipment 130,294 93 348 - Other Intangible Plant 657,211 94 Total Plant in Service 12,741,402 95 Less Accumulated Depreciation (1,857,477) 96 Net Plant in Service 10,883,925 FLS-W-23-01 Exhibit 2 Page 2 of 3 97 Less Contributions in Ad of Construction - 98 Gross Contributions (FY 2022)- 99 Less Accumulated Amortization (FY 2022)- 100 Net Contributions in Aid of Construction 1,564,391 101 Plus Deferred Income Tax - 102 2022 Year End and 2023 Additions 56,829 103 Net Plant in Service 9,376,363 104 Working Capital (1/8 of O&M Expense)212,959 105 Total Rate Base 9,589,322 Operating Expenses 1,703,672 Other Expenses 622,698 Rate base 9,589,322 Additonal Grossup due to Loss (54,990) Return 689,442 After Grosup 928,285 Revenue Requirement 3,199,665 - ROR 7.19% #### Grossup Factor 1.35 - Income 2,485,103 Increase Requested 714,562 - FLS-W-23-01 Exhibit 2 Page 3 of 3 System Meter Size Bill Count First Block Second Block Third Block Total Volume (in 1,000 gallons)Monthly Min Charge First Block Second Block Third Block Fixed Charge Revenue Volumetric Charge Revenue Total Revenue First Block Second Block (Next) Third Block (Over) Combined FW+TM 3/4"4,408 309,795 291,223 428,375 1,029,393 22.50 -0.640 1.439 1,190,160 802,814 1,992,974 8,000 16,000 24,000 Combined FW+TM 1"1,670 134,324 139,025 136,257 409,606 31.68 -0.640 1.439 634,962 285,050 920,012 11,000 22,000 33,000Combined FW+TM 1.5"37 2,787 3,103 10,119 16,009 40.86 -0.640 1.439 18,101 16,547 34,648 15,000 30,000 45,000Combined FW+TM 2"69 8,304 10,758 47,678 66,740 51.96 -0.640 1.439 42,763 75,494 118,257 19,000 38,000 57,000Combined FW+TM 4"5 1,814 2,066 2,313 6,193 92.82 -0.640 1.439 5,569 4,651 10,220 33,000 66,000 99,000 Morningview .25 3/4" & 1"27 1,880 793 193 2,866 50.00 -0.640 1.439 16,200 785 16,985 11,000 22,000 33,000 Morningview .5 3/4" & 1"64 4,606 4,109 4,990 13,705 60.00 -0.640 1.439 46,080 9,810 55,890 11,000 22,000 33,000 Morningview 1 3/4" & 1"40 3,357 3,848 11,707 18,912 65.50 -0.640 1.439 31,440 19,309 50,749 11,000 22,000 33,000 6,320 466,867 454,925 641,632 1,563,424 1,985,276 1,214,460 3,199,736 Ratio Between Company Proposed Blocks 3rd tier/2nd tier 62%38%Final Revenue Requirement $3,199,665 System Meter Size Current New Base Charges 2.25 Combined FW+TM 3/4"18.75$ 22.50$ Combined FW+TM 1"26.40$ 31.68$ Combined FW+TM 1.5"34.05$ 40.86$ Combined FW+TM 2"43.30$ 51.96$ Combined FW+TM 4"77.35$ 92.82$ Morningview .25 3/4" & 1"55.00$ 50.00$ Morningview .5 3/4" & 1"65.00$ 60.00$ Morningview 1 3/4" & 1"70.50$ 65.50$ Settlement Rates Revenue at Settlement Rates Exhibit 3 - Rate Design FLS-W-23-01 Exhibit 3 Page 1 of 1 Water Mitigation Deferral Deferral Balance (12/31/2022)153,000$ Estimated Deferral Expense 2023 Assessment 122,000 Total Mitigation Expense 275,000$ Annual Amortization, 2023 89,379$ Exhibit 4 - Water Mitigation Deferral FLS-W-23-01 Exhibit 4 Page 1 of 1