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PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

ENERGY DIVISION RESOLUTION E-3794

RESOLUTION

Resolution E-3794. Mountain Utilities requests approval to revise its rate schedules to eliminate a subsidy between customer classes. The revisions will result in a rate increase of approximately 16.71% to generation and distribution charges. In addition, Mountain Utilities is requesting to revise its tariff schedules to delete outdated rates.

By Advice Letter 18-EA Filed on October 9, 2002.

__________________________________________________________

SUMMARY

This Resolution approves, with conditions, Mountain Utilities (MU) requests for authorization to eliminate a subsidy between customer classes and to delete outdated rates from its tariff sheets. MU indicated that the elimination of this subsidy would be revenue neutral to the utility. However, it will not be revenue neutral to its customers. There will be an increase of approximately 16.71% to generation and distribution charges. Depending on the customer class, the overall rate increase is from 12.65% to 13.17%. Kirkwood Associates, Inc. (KAI) bills will decrease because of the removal of this subsidy. The following are the conditions:

BACKGROUND

On January 20, 1999, MU filed application (A.) 99-01-037 to request approval from the Commission to define its revenue requirements and increase rates and charges for electric service.

On December 2, 1999, in Decision (D) 99-12-006 the Commission with modifications approved the settlement agreement between MU, the Office of Ratepayer Advocates (ORA), and Kirkwood Associates, Inc. (KAI). Included in this Settlement Agreement was Tariff Schedule A-3 - Large General Service that stated the bill amount for KAI is the total generation minus the total monthly electric billings from metered MU customers. KAI paid for all line and distribution losses and powerhouse losses. During this time period KAI was not metered.

On September 5, 2002, MU filed Advice Letter 18-E that requested authorization to eliminate a subsidy between customer classes (all customer classes would now pay a proportionate share of the line and distribution losses and powerhouse losses) and to delete outdated rates from its tariff schedules. This elimination resulted in an approximate 7.30% increase to the generation and distribution charges.

On September 20, 2002, the Energy Division (ED) requested that MU provide additional information to Advice Letter 18-E that included an explanation of a negative Lost & Unaccounted data for May 2002. In addition, ED informed MU it was not in compliance with General Order (G.O.) 96-A, Section III. G. 5 that states in part "Utilities requesting authority to increase rates by advice letter filing...shall give written notification to each customer of the present and proposed rates, including the increase in dollar percentage terms and a brief statement of the reasons the increase is sought or required." In addition, G.O. 96-A, Section III. G. 5 indicated that this notification to customers shall be made at the time the advice letter is filed with the Commission.

On October 9, 2002, MU filed Advice Letter 18-EA that replaced Advice Letter 18-E in its entirety. The increases to the generation and distribution charges were revised to approximately 16.71%.

On November 3, 2002, Snowcrest Lodge Homeowners Association filed a protest to MU's Advice Letter 18-EA.

On November 4, 2002, John V. Copren filed a protest to MU's Advice Letter 18-EA.1

MU responded to the protests of John V. Copren and Snowcrest Lodge Homeowners Association2 on November 11, 2002 and November 27, 2002 respectively.

NOTICE

Notice of AL 18-EA was made by publication in the Commission's Daily Calendar. MU did not mail and distribute a copy of the advice letter in accordance with Section III-G. 5 of General Order 96-A. The Energy Division instructed MU to comply with Section III-G. 5 of General Order 96-A.

PROTESTS

The Snowcrest Lodge Homeowners Association and John V. Copren protested Advice Letter 18-EA.

John V. Copren expressed the following concerns:

Snowcrest Lodge Homeowners Association had the following concerns:

In addition, Snowcrest Lodge Homeowners Association had concerns if the methodology MU used to calculate its 16.71% rate increase (to generation and distribution charges) is reasonable.

MU responded to the protests of John V. Copren and the Snowcrest Lodge Homeowners Association on November 11, 2002 and November 27, 2002 respectfully.

The following are MU's responses to John V. Copren concerns:

The following are MU's responses to Snowcrest Lodge Homeowners Association concerns:

DISCUSSION

Mountain Utilities provides electric service to approximately 500 customers in the small community of Kirkwood3, California. MU provides electric service through six diesel-powered generators that MU owns. The electricity is delivered through a 12 kV underground distribution network.

KAI,4 an affiliate of MU, is the largest energy user among MU's customers. KAI uses approximately 70% of MU's total winter energy production and approximately 55% of MU's total summer production. MU states it "believes that it serves approximately 100 - 175 full-time residential domestic customers. Seasonal and vacation use of rental properties and second homes comprise the remaining residential load."

MU states that is does not have any contracts to purchase power from any qualifying facilities or other generators. In addition, MU states that is has no full-time employees. It has a contract with KAI to provide the necessary labor for its energy production.5

In Advice Letter 18-EA, MU is requesting authorization to eliminate the practice of subtractive billing to determine the billing amount for KAI. This practice had been necessary in the past since KAI was not metered. The lack of meters prevented the determination of the consumption by the distributed facilities owned and operated by KAI and served by MU. Since energy costs have increased and future demand planning was being completed, both parties agreed that is made sense to install meters. Recently, both KAI and MU's powerhouse had meters installed.

MU has indicated that the elimination of the subsidy will be revenue neutral to the utility. MU provided the following information regarding the requested revisions to the generation and distribution charges for each customer class:

Class Present Proposed Amount % Change

Domestic Service - Schedule D-1

Generation Charges: Baseline Quantities 0.17476 0.20397 0.02921 16.71%

Distribution Charges:

Small General Service - Schedule A-1

Large General Service - Schedule A-3

Service to Government Agencies - Schedule GA

Generation Charge: 0.18000 0.21008 0.03008 16.71%

Distribution Charge: 0.06000 0.07003 0.01003 16.71%

MU provided the following overall comparison of its customer's monthly bills with the revisions to the rate schedules:

Residential - Winter $ 150.63 $ 170.08 $ 19.45 12.91%

Residential - Summer $ 77.25 $ 87.03 $ 9.77 12.65%

Small General Service $ 444.03 $ 501.87 $ 57.84 13.03%

Large General Service $161,768.27 $183,080.94 $21,312.67 13.17%

Governmental Agency $ 14,151.51 $ 16,015.55 $ 1,864.04 13.17%

KAI will be receiving lower bills since it would no longer be totally responsible for line and distribution losses and powerhouse losses.

MU provided 14 months of line and distribution loss data (May 2001 through June 2002) and 7 months of powerhouse loss data (November 2001 through August 2002) to support the line losses of 10.8% and powerhouse losses of 3.52%. (This was the timeframe in which both KAI and the powerhouse had their meters installed respectively.) In addition, MU used its 2002 forecast generation from its 1999 GRC6 to develop the proposed new total system average rate of $0.28011/kWh.

In review of MU's Advice Letter 18-EA, the elimination of the subsidy that currently exists between the customer classes is reasonable. Since KAI has had meters installed, it is appropriate that KAI pay for only the electricity it uses instead of using the subtractive method. However, we have concerns regarding the data that supported the proposed increases to the customer classes, as described below.

1. There is limited line loss and powerhouse loss data.

It is difficult to determine from the examples that MU provided and the limited MU data if the line losses of 10.8% and the powerhouse losses of 3.52% are reasonable.7

2. MU used 2002 forecast generation of 10,887,706 kWh from its 1999 General Rate Case to derive the rate factor.

3. MU indicated in D.01-04-031 and D.01-09-047, effective September 20, 2001, it received authorization to borrow $4 million.10

Based on the above findings, we shall order MU to set up a revenue neutral balancing account to ensure that the proposed increase does not result in an increase in revenue due to the increase in rates. MU and ED developed a revenue neutral balancing account format. The revenue neutral balancing account will work as follows:

In addition, a follow-up review of MU's tariffs revealed its Advice Letter 19-EA tariff sheets included the proposed revisions requested in Advice Letter 18-EA. Advice Letter 19-EA tariff sheets anticipated approval of the increased rates for the generation and distribution charges and the deletion of the subtractive method of determining KAI's billed amount requested in Advice Letter 18-EA. In approving Advice Letter 19-EA, however, ED approved only the request to increase the Commission Reimbursement fee surcharge pursuant to Resolution M-4807. In processing AL 19-EA, ED did not intend to make effective nor did we approve, any rate changes other than the Commission Reimbursement fee surcharge.

MU is reminded that it can only implement rate increases that have been approved by the Commission. In addition, MU shall not include unapproved rates in sequential filed advice letter's tariff sheets.

On March 6, 2003, MU filed a letter to ED's Director to clarify this issue. While the letter acknowledges that Advice Letter 19-EA tariff sheets included the unapproved rates of Advice Letter 18-EA, MU stated, "the only rate change made as the result of the Commission's approval of Advice Letter 19-EA had been to increase the CPUC Reimbursement Fee Surcharge."

COMMENTS ON DRAFT RESOLUTION

Public Utilities Code section 311(g)(1) provides that this resolution must be served on all parties and subject to at least 30 days public review and comment prior to a vote of the Commission. Section 311(g)(2) provides that this 30-day period may be reduced or waived upon the stipulation of all parties in the proceeding.

The 30-day comment period for the draft of this resolution was neither waived or reduced. Accordingly, this draft resolution was mailed to parties for comments. MU filed its comments on March 14, 2003, and recommends the following modifications to the resolution:

The draft resolution ordered MU to inform ED's Director by letter, within five days of the approval of the resolution, if it has implemented the revisions requested in Advice Letter 18-EA through Advice Letter 19-EA. On March 6, 2003, MU elected to file this letter to ED's Director prior to the Commission meeting to clarify this issue. While the letter acknowledges that Advice Letter 19-EA tariff sheets included the unapproved rates of Advice Letter 18-EA, MU stated, "the only rate change made as the result of the Commission's approval of Advice Letter 19-EA had been to increase the CPUC Reimbursement Fee Surcharge." Thus, MU requests the deletion of the language regarding this issue from the draft resolution.

We grant MU requests, in part. The sections in the draft resolution requiring MU to file a letter to the ED's Director regarding this issue are deleted.

Remaining in the draft resolution are the sections that revealed MU had filed tariff sheets that included not yet approved rates. MU shall not include unapproved rates in sequential filed advice letter's tariff sheets.

FINDINGS

THEREFORE IT IS ORDERED THAT:

This Resolution is effective today.

I certify that the foregoing resolution was duly introduced, passed and adopted at a conference of the Public Utilities Commission of the State of California held on April 3, 2003; the following Commissioners voting favorably thereon:

            _____________________

            WILLIAM AHERN

1 The protestant's letter indicated that MU's letter notifying its customers of Advice Letter 18-EA was not mailed until October 21, 2002 and did not include the CPUC's address.

2 MU indicated that although the protest letter was dated November 3, 2002, it did not receive a copy until November 22, 2002.

3 MU serves the Kirkwood community except for the Kirkwood Meadows Public Utility District.

4 KAI is the parent company of MU.

5 D.99-12-006 requires that "all personnel who perform work both for KAI and MU must record the amount of time spent working for each entity."

6 MU's Application 99-01-037 was its first General Rate Case with the CPUC.

7 In addition, this data was different from what was originally submitted in Advice Letter 18-E.

8 While reviewing this advice letter, MU provided various 2002 actual generation and actual meter sales data to ED staff.

9 MU indicated that KMPUD has not been a customer for the past two years.

10 The decisions indicate that approximately $3,225,579 and $974,782 were allocated to the electrical system and propane system respectively. The $500,000 was for the repayment of a short-term debt.

11 FY 2002 is from May 1, 2001 - April 30, 2002.

12 DFBA uses a monthly interest rate of one-twelfth of the most recent non-financial, 3-month, commercial paper rate published in the Federal Reserve Statistical Release G.13 report.

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