13-38 O - RRM - Rate Review Mechanism for Atmos Energy Mid-Tex Division TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-38
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, APPROVING AND ADOPTING RATE SCHEDULE
"RRM — RATE REVIEW MECHANISM" FOR ATMOS ENERGY
CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE
TOWN FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE
SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT
THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT;
DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF
THIS ORDINANCE TO THE COMPANY AND ACSC LEGAL COUNSEL.
WHEREAS, the Town of Prosper, Texas ("Town") is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee ("ACSC"), a
coalition of cities, most of whom retain original jurisdiction over the rates and services of Atmos
Mid-Tex; and
WHEREAS, in 2007 ACSC member cities and Atmos Mid-Tex collaboratively
developed the Rate Review Mechanism ("RRM") Tariff that allows for an expedited rate review
process controlled by cities as a substitute for the legislatively-constructed Gas Reliability
Infrastructure Program ("GRIP"); and
WHEREAS, the GRIP mechanism does not permit the Town to review rate increases,
and constitutes piecemeal ratemaking; and
WHEREAS, the RRM process permits Town review of requested rate increases and
provides for a holistic review of the true cost of service for Atmos Mid-Tex; and
WHEREAS, the initial RRM tariff expired in 2011; and
WHEREAS, ACSC's representatives have worked with Atmos Mid-Tex to negotiate a
renewal of the RRM process that avoids litigation and Railroad Commission filings; and
WHEREAS, the ACSC's Executive Committee and ACSC's legal counsel recommend
ACSC members approve the negotiated new RRM tariff, and
WHEREAS, the attached Rate Schedule "RRM — Rate Review Mechanism" ("RRM
Tariff') provides for a reasonable expedited rate review process that is a substitute for, and is
superior to, the statutory GRIP process; and
WHEREAS, the expedited rate review process as provided by the RRM Tariff avoids
piecemeal ratemaking; and
WHEREAS, the RRM tariff reflects the ratemaking standards and methodologies
authorized by the Railroad Commission in the most recent Atmos Mid-Tex rate case, G.U.D. No.
10170; and
WHEREAS, the RRM Tariff provides for an annual reduction in Atmos Mid-Tex's
requested rate increase of at least $3 million; and
WHEREAS, the RRM Tariff provides for a lower customer charge than if Atmos Mid-
Tex pursued GRIP filings; and
WHEREAS, the attached RRM Tariff as a whole is in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1. Findings. The findings set forth in this Ordinance are hereby in all things
approved.
SECTION 2. The Town Council finds that the RRM Tariff, which is attached hereto
and incorporated herein as Attachment "A," is reasonable and in the public's best interest,
and is hereby in force and effect in the Town.
SECTION 3. To the extent any resolution or ordinance previously adopted by the Town
Council is inconsistent with this Ordinance, it is hereby repealed, but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance or resolution, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance or resolution. Any remaining portions of said ordinance or resolution shall remain
in full force and effect.
SECTION 4. 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 5 51.
SECTION 5. If any one or more sections or clauses of this Ordinance is judged 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 6. This Ordinance shall become effective from and after its passage.
Ordinance No. 13-38,Page 2
SECTION 7. A copy of this Ordinance shall be sent to Atmos Mid-Tex, care of
Christopher Felan, Vice President of Rates and Regulatory Affairs for Atmos Mid-Tex Division,
Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240, and to
Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816
Congress Avenue, Suite 1900, Austin, Texas 78701.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, ON THIS THE 11TH DAY OF JUNE, 2013. n
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Ray Smith, Mayor
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APPROVED AS TO FORM AND LEGALITY:
Terrence S. WeIA, Town Attorney
Ordinance No. 13-38,Page 3
Attachment "A"
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: + RRM—Rate Review Mechanism
APPLICABLE TO:
ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
J
EFFECTIVE DATE: Bills Rendered on and after October 15,2013
I. Applicability
Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in the
Mid-Tex Division of Atmos Energy Corporation ("Company") except such customers within the
City of Dallas. This Rate Review Mechanism ("RRM") provides for an annual adjustment to the
Company's Rate Schedules R, C, I and T ("Applicable Rate Schedules"). Rate calculations and
adjustments required by this tariff shall be determined on a System-Wide cost basis.
II. Definitions
"Test Period" is defined as the twelve months ending December 31 of each preceding calendar
year.
The "Effective Date" is the date that adjustments required by this tariff are applied to customer
bills. The annual Effective Date is June 1. The 2013 filing Effective Date is October 15, 2013.
Unless otherwise noted in this tariff, the term "Final Order" refers the final order issued by the
Railroad Commission of Texas in GUD 10170.
The term "System-Wide" means all incorporated and unincorporated areas served by the
Company.
"Review Period" is defined as the period from the Filing Date until the Effective Date.
The "Filing Date" is as early as practicable but no later than March 1 of each year with the
exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual Effective
Date is June 1, 2017.
III. Calculation
The RRM shall calculate an annual, System-Wide cost of service ("COS") that will be used to
adjust applicable rate schedules prospectively as of the Effective Date. The annual cost of service
will be calculated according to the following formula:
COS = OM + DEP + RI + TAX + CD - ADJ
Ordinance No. 13-38, Page 4
Where:
OM = all reasonable and necessary operation and maintenance expenses from the Test
Period adjusted for known and measurable items and prepared consistent with the rate
making treatments approved in the Final Order. Known and measurable adjustments
shall be limited to those changes that have occurred prior to the Filing Date. OM may
be adjusted for atypical and non-recurring items. Shared Services allocation factors
shall be recalculated each year based on the latest component factors used during the
Test Period, but the methodology used will be that approved in the Final Order.
DEP = depreciation expense calculated at depreciation rates approved by the Final Order.
RI = return on investment calculated as the Company's pretax return multiplied by rate
base at Test Period end. Rate base is prepared consistent with the rate making
treatments approved in the Final Order, except that no post Test Period adjustments
will be permitted. Pretax return is the Company's weighted average cost of capital
before income taxes. The Company's weighted average cost of capital is calculated
using the methodology from the Final Order including the Company's actual capital
structure and long term cost of debt as of the Test Period end (adjusted for any known
and measurable changes) and the return on equity from the Final Order. However, in
no event will the percentage of equity exceed 55%. Regulatory adjustments due to
prior regulatory rate base adjustment disallowances will be maintained. Cash
working capital will be calculated using the lead/lag days approved in the Final
Order. With respect to pension and other postemployment benefits, the Company
will record a regulatory asset or liability for these costs until the amounts are included
in the next annual rate adjustment implemented under this tariff. Each year, the
Company's filing under this Rider RRM will clearly state the level of pension and
other postemployment benefits recovered in rates.
TAX = income tax and taxes other than income tax from the Test Period adjusted for known
and measurable changes occurring after the Test Period and before the Filing Date,
and prepared consistent with the rate making treatments approved in the Final Order.
CD = interest on customer deposits.
ADJ = Downward adjustment to the overall, System-Wide test year cost of service in the
amount of $3,000,000.00, adjusted by a percentage equal to the total percentage
increase in base-rate revenue sought pursuant to this tariff.
IV. Annual Rate Adjustment
The Company shall provide schedules and work papers supporting the Filing's revenue
deficiency/sufficiency calculations using the methodology accepted in the Final Order. The
result shall be reflected in the proposed new rates to be established for the effective period. The
Revenue Requirement will be apportioned to customer classes in the same manner that
Ordinance No. 13-38,Page 5
Company's Revenue Requirement was apportioned in the Final Order. For the Residential Class,
40% of the increase may be recovered in the customer charge. The increase to the Residential
customer charge shall not exceed $0.50 per month in any given year. The remainder of the
Residential Class increase not collected in the customer charge will be recovered in the usage
charge. The Company will forgo any change in the Residential customer charge with the first
proposed rate adjustment pursuant to this tariff. For all other classes, the change in rates will be
apportioned between the customer charge and the usage charge, consistent with the Final Order.
Test Period billing determinants shall be adjusted and normalized according to the methodology
utilized in the Final Order.
V. Filing
The Company shall file schedules annually with the regulatory authority having original
jurisdiction over the Company's rates on or before the Filing Date that support the proposed rate
adjustments. The schedules shall be in the same general format as the cost of service model and
relied-upon files upon which the Final Order was based. A proof of rates and a copy of current
and proposed tariffs shall also be included with the filing. The filing shall be made in electronic
form where practical. The Company's filing shall conform to Minimum Filing Requirements (to
be agreed upon by the parties), which will contain a minimum amount of information that will
assist the regulatory authority in its review and analysis of the filing. The Company and
regulatory authority will endeavor to hold a technical conference regarding the filing within ten
(10) calendar days after the Filing Date.
The 2013 Filing Date will be July 15, 2013.
A sworn statement shall be filed by an Officer of the Company affirming that the filed schedules
are in compliance with the provisions of this Rate Review Mechanism and are true and correct to
the best of his/her knowledge, information, and belief. No testimony shall be filed, but a brief
narrative explanation shall be provided of any changes to corporate structure, accounting
methodologies, allocation of common costs, or atypical or non- recurring items included in the
filing.
VI. Evaluation Procedures
The regulatory authority having original jurisdiction over the Company's rates shall review and
render a decision on the Company's proposed rate adjustment prior to the Effective Date. The
Company shall provide all supplemental information requested to ensure an opportunity for
adequate review by the relevant regulatory authority. The Company shall not unilaterally impose
any limits upon the provision of supplemental information and such information shall be
provided within seven (7) working days of the original request. The regulatory authority may
propose any adjustments it determines to be required to bring the proposed rate adjustment into
compliance with the provisions of this tariff.
The regulatory authority may disallow any net plant investment that is not shown to be prudently
incurred. Approval by the regulatory authority of net plant investment pursuant to the provisions
of this tariff shall constitute a finding that such net plant investment was prudently incurred.
Ordinance No. 13-38,Page 6
Such finding of prudence shall not be subject to further review in a subsequent RRM or
Statement of Intent filing.
During the Review Period, the Company and the regulatory authority will work collaboratively
and seek agreement on the level of rate adjustments. If, at the end of the Review Period, the
Company and the regulatory authority have not reached agreement, the regulatory authority shall
take action to modify or deny the proposed rate adjustments. The Company shall have the right
to appeal the regulatory authority's action to the Railroad Commission of Texas. Upon the filing
of an appeal of the regulatory authority's order relating to an annual RRM filing with the
Railroad Commission of Texas, the regulatory authority having original jurisdiction over the
Company's rates shall not oppose the implementation of the Company's proposed rates subject to
refund, nor will the regulatory authority advocate for the imposition of a third party surety bond
by the Company. Any refund shall be limited to and determined based on the resolution of the
disputed adjustment(s) in a final, non-appealable order issued in the appeal filed by the Company
at the Railroad Commission of Texas.
In the event that the regulatory authority and Company agree to a rate adjustment(s) that is
different from the adjustment(s) requested in the Company's filing, the Company shall file
compliance tariffs consistent with the agreement. No action on the part of the regulatory
authority shall be required to allow the rate adjustment(s) to become effective on June 1. To the
extent that the regulatory authority does not take action on the Company's RRM filing by May
31, the rates proposed in the Company's filing shall be deemed approved effective June 1. (2013
filing RRM rate will be effective October 15, 2013 if no action is taken). Notwithstanding the
preceding sentence, a regulatory authority may choose to take affirmative action to approve a
rate adjustment under this tariff. In those instances where such approval cannot reasonably occur
by May 31, the rates finally approved by the regulatory authority shall be deemed effective as of
June 1.
To defray the cost, if any, of regulatory authorities conducting a review of the Company's annual
RRM filing, the Company shall reimburse the regulatory authorities on a monthly basis for their
reasonable expenses incurred upon submission of invoices for such review. Any reimbursement
contemplated hereunder shall be deemed a reasonable and necessary operating expense of the
Company in the year in which the reimbursement is made. A regulatory authority seeking
reimbursement under this provision shall submit its request for reimbursement to the Company
no later than August 1 of the year in which the RRM filing is made and the Company shall
reimburse regulatory authorities in accordance with this provision on or before August 30 of the
year the RRM filing is made.
To the extent possible, the provisions of the Final Order shall be applied by the regulatory
authority in determining whether to approve or disapprove of Company's proposed rate
adjustment.
This Rider RRM does not limit the legal rights and duties of a regulatory authority. Nothing
herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate proceeding at
any time to review whether rates charged are just and reasonable. Similarly, the Company
retains its right to utilize the provisions of Texas Utilities Code, Chapter 104, Subchapter C to
Ordinance No. 13-38,Page 7
request a change in rates. The provisions of this Rider RRM are implemented in harmony with
the Gas Utility Regulatory Act (Texas Utilities Code, Chapters 101-105).
The annual rate adjustment process set forth in this tariff shall remain in effect during the
pendency of any Statement of Intent rate filing.
VII. Reconsideration, Appeal and Unresolved Items
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal
under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007).
VIII. Notice
Notice of each annual RRM filing shall be provided by including the notice, in conspicuous
form, in the bill of each directly affected customer no later than forty-five (45) days after the
Company makes its annual filing pursuant to this tariff. The notice to customers shall include
the following information:
a) a description of the proposed revision of rates and schedules;
b) the effect the proposed revision of rates is expected to have on the rates applicable to
each customer class and on an average bill for each affected customer;
c) the service area or areas in which the proposed rates would apply;
d) the date the annual RRM filing was made with the regulatory authority; and
e) the Company's address, telephone number and website where information concerning the
proposed rate adjustment be obtained.
Ordinance No. 13-38,Page 8