(a)
To initiate a proceeding to increase rates within the city and start
the statutory deadlines under section 104.107 of the Gas Utility Regulatory
Act, a gas utility must file with the city secretary a statement of
intent to increase rates in accordance with the requirements and procedures
set forth in this division. With regard to increases in rates that
are not major rate changes as defined in Gas Utility Regulatory Act
section 104.101, the statement of intent shall be deemed sufficient
as of the date of initial filing unless the city attorney, within
ten (10) days of the date the statement of intent is filed, notifies
the utility in writing of the insufficiencies in the statement of
intent. With regard to a major change in rates as defined in Gas Utility
Regulatory Act section 104.101, the statement of intent shall be deemed
sufficient as of the date of initial filing unless the city attorney,
within thirty (30) days of the date the statement of intent is filed,
notifies the utility in writing of the insufficiencies in the statement
of intent.
(b)
Within seven (7) days after the utility receives the notice of insufficiency,
the gas utility may file an appeal to the city council. If the city
council has not issued a decision that the statement of intent is
insufficient within the 35 days after the gas utility files its appeal,
or if the city council determines that the statement of intent is
substantially complete, then the statement of intent is deemed sufficient
as of the date of the initial filing. If the city council determines
that the statement of intent is insufficient, then the city shall
issue a written decision directing the gas utility to amend its statement
of intent and correct the insufficiency. The statutory deadlines,
including those in Gas Utility Regulatory Act section 104.107, shall
be calculated based on the date the gas utility files with the city
secretary, the amended statement of intent correcting the insufficiencies
consistent with the city council’s decision.
(Ordinance 2013-O0089 adopted 9/10/2013)
(a)
In this division, "major change" in rates shall have the meaning
set forth in Gas Utility Regulatory Act section 104.101.
(b)
A statement of intent to change rates in a manner that does not constitute
a major change in rates shall include the following information:
(1)
A complete set of all proposed revisions to the utility’s tariff(s);
identifying each proposed change by blackline/strikeout edits to the
existing approved tariff(s);
(2)
A statement specifying in detail the customer class or classes, and
the number of customers affected by the proposed change; indicating
average monthly bill impacts from all proposed rate changes for a
typical customer in each customer class;
(3)
The change in non-gas revenue, expressed both as a change in dollar
amounts and as a percentage of the utility’s non-gas revenue
and on a customer-class basis and on a total basis, that the utility
expects the revised tariff(s) to furnish as compared to its then current
tariff(s);
(4)
All other information, if any, required by the Gas Utility Regulatory
Act; and
(5)
A sworn statement that the proposed change in rates, if approved,
will not effect a major change in rates.
(c)
The city or its city attorney, may require the gas utility to produce
further information in addition to that required here, including the
filing of any or all schedules associated with a statement of intent
for a major change in rates, if needed to assist the city in making
its rate determinations.
(Ordinance 2013-O0089 adopted 9/10/2013)
If the gas utility is requesting a major change in rates, then the utility shall include in its statement of intent all schedules and information specified in section 22.12.034 of this division, as well as all additional information, if any, that may be required by this division or the Gas Utility Regulatory Act.
(Ordinance 2013-O0089 adopted 9/10/2013)
(a)
General instructions.
(1)
System-wide data.
The gas utility shall provide all
information in support of its request for a major change in rates,
including all information required to be filed in the schedules set
forth in this division, on a system-wide basis. "System-wide" means
all incorporated and unincorporated areas served by the gas utility
on an integrated basis, including all utility-owned transmission and
distribution facilities and costs incurred to provide such integrated
service. "System-wide" data shall mean all expense, rate-base, billing
determinants and other capital-investment data upon which the gas
utility bases its total cost of service and its request to increase
rates, including any prudently incurred affiliate expenses and shared-services
expenses.
(2)
City-specific data.
In addition to providing system-wide
data, the gas utility shall provide its schedules, workpapers, and
all other information that comprises its statement of intent, in such
a manner that readily identifies the gas utility’s expenses,
rate base, investments, billing determinants and rate of return within
the city limits, such as to allow the city to make a reasonable determination
of the utility’s rate base, expenses, investment, present and
proposed revenues and rate of return in the city.
(A)
To the extent the utility prefers not to identify the data required in subsection (a)(2) on a city-specific basis, the utility may instead identify the data on the basis of the rate-area jurisdictions upon which the utility’s rates were based, and as used by the gas utility to determine rates, in the most rate filing the utility made with the city prior to January 1, 2012.
(3)
Number of copies and native electronic files.
The gas
utility shall deliver three complete sets of its statement of intent
and all related schedules, workpapers related to and/or used in preparation
of the schedules, and other information required by this division,
to the city secretary. In addition, at the same time the utility files
its statement of intent with the city, the utility shall also deliver
to the city, in electronic files in native format (for example, in
MS Excel or MS Word), its statement of intent and all related schedules,
workpapers, and other information required by this division. The electronic
files used to compute the amounts in the utility’s filing shall
be provided in their original format including all formulae. All links
in any electronic file shall be intact and all formulae should function
as originally utilized by the utility in preparing the filing.
(4)
The gas utility shall ensure that all schedules shall be referenced
by schedule number and name as identified in this division and shall
identify the person(s), if any, most knowledgeable with regard to
the contents of each schedule. Any schedules that are not applicable
to the utility’s request to increase rates, shall be so designated.
All lines in each schedule shall be numbered consecutively starting
with the number 1 on the first line of each page.
(5)
The gas utility shall ensure that all workpapers are clearly labeled
"Workpaper" and shall clearly indicate the schedule(s) to which the
workpaper applies (e.g., W/P A-2.1 would be the first page of the
workpapers applicable to Schedule A-2). Workpapers shall clearly identify
all assumptions, calculations, source documents, and other data supporting
the amounts presented therein.
(b)
Rate filing package schedules.
The utility shall provide the following schedules and sub-schedules in accordance with subsection (a)(1) and (2) of this section and at the same time the utility files its statement of intent. The utility’s schedules and sub-schedules, and other data provided to support the utility’s cost of service, shall be based on the most recent test year for which operating data are available. "Test year" is defined as found in Gas Utility Regulatory Act section 101.003(16). The gas utility shall utilize the Federal Energy Regulatory Commission’s (FERC) Uniform System of Accounts (USOA) prescribed for natural gas companies subject to the provisions of the Natural Gas Act for all operating and reporting purposes.
(1)
Schedule A: Overall cost of service.
(A)
Schedule A.
The gas utility shall provide a schedule
presenting its cost of service in accordance with this section, including
its cost of gas and any other costs recovered through any rate adjustment
mechanisms. The following amounts shall be shown in separate columns
across the schedule:
(B)
Schedule A-1.
This schedule shall summarize the
utility’s present and proposed operating revenue for the test-year
used in the utility’s statement of intent, unadjusted, showing
all proposed adjustments, and the utility’s "as-adjusted" amounts,
and shall include a description of each item of other revenues.
(C)
Schedule A-2.
This schedule shall detail each
revenue and expense adjustment summarized in Schedule A and shall
show the calculation of each proposed adjustment to test-year, actual,
per-book amounts. The proposed adjustments shall be shown, with detailed
supporting calculations and supporting references and documentation,
on a separate sub-schedule and shall be designated "Schedule A-2-x."
References to supporting workpapers related to each sub-schedule shall
be identified with reference to the sub-schedule.
(D)
Schedule A-3.
This schedule shall provide details
regarding the utility’s trial balance for each month of the
test year. The trial balance shall include all balance sheet and income
statement accounts and sub-accounts maintained in the utility’s
normal course of business, for each business division, affiliate and
other business unit that is relevant to the asserted revenue requirement.
A copy of the utility’s chart of accounts containing detailed
descriptions for each account and sub-account, shall be included in
the workpapers for this schedule.
(E)
Schedule A-4.
The gas utility shall provide a
schedule detailing test-year unadjusted operations and maintenance
expenses and administrative and general expenses by USOA account and
sub-account by month. The expenses shall be shown in columnar form,
as follows, with subtotals for each functional classification:
(F)
Schedule A-4a.
The gas utility shall provide a
schedule detailing test year unadjusted operations and maintenance
expenses and administrative and general expense by USOA account and
sub-account for each affiliate, division or other business unit charging
or allocating expenses that are included within the gas utility’s
asserted cost of service. The expenses shall be shown in columnar
form, as follows, with subtotals for each functional classification:
(i)
Operation and maintenance expenses by account and sub-account,
as booked for each month of the test year, and the annual total for
each account and sub-account.
(ii)
Allocation factor(c) applied to each account or business unit
to arrive at the amount assigned to the portion of the total company
for which rate relief is sought.
(iii)
Per book operation and maintenance expenses claimed for that
portion of the system for which rate relief is sought.
(2)
Schedule B: Invested capital and return (system only unless otherwise
stated).
(A)
Schedule B-1.
This schedule shall be titled "summary
of invested capital" and in this schedule the utility shall include
each item that the utility is proposing to include as invested capital
upon which the requested return is calculated. The historic test-year
rate of return shall be shown at the bottom of column (b). The following
amounts shall be shown in separate columns across the page:
(B)
Schedule B-2.
In this schedule the gas utility
shall provide data detailing the adjustments presented by the utility
on Schedule B-1. On separate pages in this set of schedules, the utility
shall show each proposed item of invested capital. The schedules shall
be sequentially designated "Schedule B-2-x."
(C)
Schedule B-3.
In this schedule the gas utility
shall provide data detailing all post-test year adjustments to plant
in service, if any. Reference shall be made to other adjustments to
the unadjusted cost of service that are proposed to be made to be
consistent with the post-test year adjustments shown on this schedule.
(3)
Schedule C: Original cost of plant in service.
(A)
Schedule C-1.
In this schedule the gas utility
shall provide data presenting the original unadjusted cost of plant
in service by USOA plant account as of the end of the historic test
year in the first column. The second column shall indicate how amounts
were allocated to serve as the basis for the utility’s proposed
cost of service and increase in rates. The third column shall present
the system’s original unadjusted cost of plant in service. Proposed
adjustments shall be shown in the fourth column with references to
other schedules and work papers where the detailed calculation of
each adjustment is presented.
(B)
Schedule C-2.
In this schedule the gas utility
shall provide data presenting the original unadjusted cost of plant
in service by USOA plant account by month for the historic test year
plus the last month of the previous twelve-month period.
(C)
Schedule C-3.
In this schedule the gas utility
shall provide data detailing the system’s additions closed to
plant in service for all periods since the end of the test year in
the gas utility’s more recently completed general rate case
and for construction work in progress as of the end of the historic
test year, unadjusted. The following information shall be provided
for each construction project:
(4)
Schedule D: Accumulated depreciation.
(A)
Schedule D-1.
In this schedule the gas utility
shall provide data presenting accumulated depreciation by USOA account
as of the end of the historic test year, unadjusted. Each proposed
adjustment to the historic test year amounts shall be shown in a separate
column by USOA account with the "as adjusted" amount shown in the
final column.
(B)
Schedule D-2.
In this schedule the gas utility
shall provide data presenting the calculation of depreciation expense
for the unadjusted historic test year and for the utility’s
adjusted test period. References shall be provided for each depreciation
accrual rate and amortization rate being employed, indicating the
regulatory authority for use of such accrual/amortization rates.
(C)
Schedule D-3.
If the utility is proposing to change
depreciation rates, the gas utility shall provide all supporting analyses
for the depreciation rate study in this schedule.
(5)
Schedule E: Detail of other rate base items.
(A)
Schedule E-1.
In this schedule the gas utility
shall provide data presenting the utility’s calculation of cash
working capital. If a lead/lag study is presented, all data supporting
that study shall be presented in this schedule and/or in supporting
work papers. The utility shall demonstrate that the samples used in
the lead/lag study were randomly determined and are statistically
representative.
(B)
Schedule E-2.
In this schedule the gas utility
shall provide data presenting all information pertaining to the sale
of accounts receivable including the terms of the contract, if applicable.
The schedule shall demonstrate that the impact of selling the receivables
during the historic test year on the cost of service was less than
if the receivables had not been sold.
(C)
Schedule E-3.
In this schedule the gas utility
shall provide data presenting monthly balances for materials and supplies
and prepayments. The balances shall be presented by USOA account and
sub-account maintained by the utility. calculation of the amount
of inventories the utility proposes to include in invested capital
shall be included in the B-2 schedules.)
(D)
Schedule E-4.
In this schedule the gas utility
shall provide data presenting the monthly balances for customer deposits,
contributions in aid of construction and customer construction advances.
calculation of the amount of customer deposits, contributions, and
construction advances the utility proposes to include in invested
capital shall be included in the B-2 schedules.)
(6)
Schedule F: Capital structure and return.
(A)
Schedule F-1.
In this schedule the gas utility
shall provide data summarizing the utility’s proposed weighted
average cost of capital.
(B)
Schedule F-2.
In this schedule the gas utility
shall provide data presenting the details of the utility’s common
stock and claimed cost of equity capital. Work papers shall be provided
to support the requested cost of equity capital.
(C)
Schedule F-3.
In this schedule the gas utility
shall provide data presenting the details of the utility’s preferred
stock including any applicable discounts or premium. The calculation
of the weighted average cost of debt shall also be presented.
(D)
Schedule F-4.
In this schedule the gas utility
shall provide data presenting separately, the details of the utility’s
long-term and short-term debt, including the embedded cost of debt.
The calculation of the weighted average cost of short term and long
term debt shall also be presented.
(E)
Schedule F-5.
In this schedule the gas utility
shall provide a copy of the company’s latest Form 10-K as well
as Form 10-Q for each of the last two calendar quarters. If the utility
entity filing for the rate increase in not required to separately
file these forms, the utility shall provide the forms for any parent
or related business entity that is required to file them.
(7)
Schedule G: Accounting information.
(A)
Schedule G-1.
In this schedule the gas utility
shall provide data presenting the following total utility payroll
information for each month of the test year and for each of the three
years prior to the test year in the format described below:
(i)
Column (a) – list the twelve months of the test year and
each month of the three years prior.
(ii)
Column (b) – total utility regular payroll.
(iii)
Column (c) – total utility overtime payroll.
(iv)
Column (d) – total utility other pay.
(v)
Column (e) – total utility payroll (sum of columns b,
c and d).
(vi)
Column (f) – total number of employees.
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In this schedule the utility shall also show the payroll information
for each month of the test year and the annual information for each
of the three years prior to the test year. If the test year is not
a calendar year, the gas utility shall provide the information for
each of the three years prior to the test year for the same time period
as the test year. (e.g., if the test year ended September 30, then
provide the payroll date for each of the three prior twelve-month
periods ended September 30.)
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(B)
Schedule G-2.
In this schedule the gas utility
shall provide the following payroll distribution information for the
test year and each of the three years prior, in amounts reconciled
to the information in Schedule G-1, above:
(C)
Schedule G-3.
In this schedule the gas utility
shall list and describe all payments or consideration other than standard
pay or standard overtime pay (i.e. bonuses, severance pay, etc.) made
to employees of the gas utility and any related business units for
which costs are included in the asserted overall cost of service,
during the three most recent calendar years prior to the test year
as well as for the months of the test year. Workpapers shall be provided
containing summary plan descriptions for each bonus, incentive, performance-based
and other variable compensation arrangement for which amounts are
provided. State whether the company is requesting rate recovery of
these payments by program or plan, and where within the company’s
filed schedules such costs are included.
(D)
Schedule G-4.
In this schedule the gas utility
shall provide the following information about bad debt expense:
(i)
Company’s policy for writing off bad debts.
(ii)
Methodology used to calculate monthly bad debts accruals and
write-offs.
(iii)
For the test year, list the monthly revenues, the corresponding
uncollectible expense, and the amount of net bad debts actually written
off for each of the three years prior to the test year as well as
for the test year for the total company.
(E)
Schedule G-5.
In this schedule the gas utility
shall present a summary of advertising expenses for the test year
for the total company:
(G)
Schedule G-7.
In this schedule the gas utility
shall provide details of legislative, lobbying, monitoring legislation
and any other costs incurred to influence or monitor legislation or
to maintain relations with legislators during the test year. Include
date of payment, the payee, the purpose of the payment and the account
charged.
(H)
Schedule G-8.
In this schedule the gas utility
shall provide detail of penalties, legal settlements and fines included
in the test year. Include the date, payee, amount, nature of the penalty/payment
and the account(s) charged.
(I)
Schedule G-9.
In this schedule the gas utility
shall present information on all outside services employed during
the test year that appear in the USOA 900 series accounts. This schedule
shall include the following information:
(J)
Schedule G-10.
In this schedule the gas utility
shall provide detailed information about amounts charged to miscellaneous
general expenses, USOA account 930.2, for the test year. The schedule
shall include the following information: a list of all amounts charged
to this account during the test year by date. For each charge, provide
the name of the payee and a brief description of the services/goods
received.
(K)
Schedule G-11.
In this schedule the gas utility
shall provide a schedule detailing the various expenses charged to
USOA account 928 during the test year, the proposed adjustments to
test-year amounts, and the amount requested for each item.
(L)
Schedule G-12.
In this schedule the gas utility
shall provide data detailing lost and unaccounted for gas for the
test year and for each of the three calendar years prior to the beginning
of the test year.
(8)
Schedule H: Federal income taxes.
(A)
Schedule H-1.
In this schedule the gas utility
shall provide data showing the test year recorded current and deferred
FIT by sub-account and the requested FIT. Supporting explanations
and calculations shall be filed in work papers and shall be referenced
to this schedule. The gas utility must include supporting explanations
and calculations for each line item.
(B)
Schedule H-2.
In this schedule the gas utility
shall provide data that includes a reconciliation detailing all permanent
and temporary timing differences and other items that required deferred
income tax accounting for the test year. The gas utility shall include
a complete explanation of all items in the reconciliation. Supporting
calculations for each item in the reconciliation shall be filed in
the work papers and shall be referenced to this schedule.
(C)
Schedule H-3.
In this schedule the gas utility
shall provide test-year-end book balances, requested adjustments to
those balances, and the resulting adjusted balances for accumulated
income tax deferrals for each book/tax timing difference. This schedule
shall also show the monthly book balances of accumulated tax deferrals
for each of the twelve months of the test year. This schedule shall
also include the additions and reductions for the test year. Each
item that gives rise to the tax deferrals shall be segregated. Allocations,
if any, of these amounts shall be shown and supported by calculations
and source documentation in the work papers.
(D)
Schedule H-4.
In this schedule the gas utility
shall provide data supporting the provision for deferred income taxes
included in the FIT calculation. Information for each line item must
be provided. Work papers supporting the amounts listed shall be included
in the filing.
(9)
Schedule I: Taxes other than income taxes.
(A)
Schedule I-1.
In this schedule the gas utility
shall provide data presenting details of expenses included in USOA
account and sub-accounts 408, taxes other than income taxes, for the
unadjusted test year for the total company. The totals on this schedule
should agree with Schedule A-1.
(B)
Schedule I-2.
In this schedule and subsequently
numbered schedules the gas utility shall provide data showing the
calculation of the utility’s proposed adjustments to test-year
levels for each tax. For example, Schedule I-2 might show the detailed
calculation of a proposed adjustment to the test-year cost for property
taxes while subsequent schedules would show similar detail for each
of the other taxes shown on Schedule I-1.
(C)
Schedule I-3.
In this schedule the gas utility
shall provide data showing the ad valorem tax expense for each of
the three calendar years immediately prior to the test year. The schedule
shall provide the original cost of plant for the total company as
of January 1 of each of the four calendar years immediately prior
to the test year.
(10)
Schedule J: Affiliate data.
(A)
Schedule J-1.
In this schedule the gas utility
shall list all affiliates and/or other divisions or related business
entities of the utility with which the utility had transactions during
the test year. The schedule shall include a description of each such
entity, listing and describing each category of goods and service
provided.
(B)
Schedule J-2.
In this schedule the gas utility
shall provide the most recent entity organizational chart for the
utility system showing both regulated and non-regulated affiliates,
divisions, and/or other entity during the test year. If relationships
changed during the test year, the schedule shall explain each such
change and its impact on the utility’s transactions with each
affiliate, division, and/or related entity.
(C)
Schedule J-3.
In this schedule the gas utility
shall provide data showing the test year-charges to or from the utility
and each affiliate, division, and/or related entity by USOA account
grouped and subtotaled by class of items.
(D)
Schedule J-4.
In this schedule the gas utility
shall provide data showing affiliate, division, and/or related entity
expenses listed by affiliate, division, or entity, and by USOA account
on a per book basis. The schedule shall include specific pro-forms
adjustments and expenses shall be presented in the schedule on an
adjusted basis for the test year.
(E)
Schedule J-5.
In this schedule the gas utility
shall provide data showing any affiliate, division, and/or related
entity charges included in capital additions during the test year
and each year since the utility’s last rate increase.
(F)
Schedule J-6.
In this schedule the gas utility
shall provide data detailing the adjustments to test year unadjusted
affiliate/division/related entity transactions including the description,
purpose, and amount of each adjustment. This schedule must correlate
to Schedule J-4.
(G)
Schedule J-7.
In this schedule the gas utility
shall provide data detailing, for each affiliate, division, and/or
related entity with which the gas utility had transactions during
the test year, each affiliate’s, division’s, and/or related
entity’s allocation of charges to others including the gas utility.
If the gas utility had transactions with any such entity during the
test year, then the schedule shall provide details of all costs allocated
to related companies by all such affiliates during the test year and
explain in detail the basis for each allocation.
(H)
Schedule J-8.
In this schedule the gas utility
shall provide any other information necessary to support its burden
of proof with regard to transactions with affiliates as set out in
GURA and by the courts.
(11)
Schedule K: Cost of service analysis.
(A)
Schedule K-1.
In this schedule the gas utility
shall file a functionalized cost of service study and work papers
necessary to support the study. All schedules in this section shall
also be filed in Excel worksheets.
(B)
Schedule K-2.
In this schedule the gas utility
shall provide details of recorded and adjusted billing determinants
and revenues for the test year by rate class. This data shall include,
but not necessarily be limited to revenues from the sales of gas,
other revenues, and gas cost adjustment factor revenues.
(12)
Schedule L: Rate design information.
(A)
Schedule L-1.
In this schedule the gas utility
shall provide data showing the following recorded information for
each customer class:
(i)
The designation of the class.
(ii)
The total number of customers of the class, on a monthly basis
for the 36 months ending at test year-end.
(iii)
The total consumption in MCF of the customer
class, on a monthly basis for the 36 months ending at test year-end.
(iv)
The total revenues derived from customers of the class, on a
monthly basis for the 36 months ending at test year-end.
(v)
Customer charge revenues, commodity revenues and base rate revenues
shall be separately stated and broken out in the schedule.
(vi)
A comparison of proposed adjusted customer and consumption levels
for each customer class, describing each adjustment made, with supporting
calculation and supporting workpapers for each such adjustment.
(B)
Schedule L-2.
In this schedule the gas utility
shall provide data presenting for the system in the test year a bill
frequency or other analysis showing consumption and number of bills
at each rate and for each customer class for which the gas utility
maintains such records in the normal course of business.
(C)
Schedule L-3.
In this schedule the gas utility
shall provide data showing the utility’s current and proposed
rates of return by customer class under the allocation methods proposed
by the utility. The utility shall include all work papers used to
derive such rates in this filing.
(c)
Additional requirements.
(1)
In addition to the schedules required by this division, if the gas
utility has filed a statement of intent to increase rates, which constitutes
a "major change," then the gas utility must provide the following
additional information as part of its statement of intent:
(A)
A complete set of proposed tariff revisions.
(B)
A statement specifying in detail each proposed tariff revision, the
classes and numbers of utility customers affected thereby, as well
as the change in gross revenues (in absolute dollar amounts and in
percentage terms – each by customer class and by total amount)
that the utility expects the revised tariffs to furnish as opposed
to those furnished by existing tariffs.
(C)
Testimony or a narrative shall be included in the statement of intent
as part of the rate-filing package. This testimony/narrative shall
support the utility’s positions with regard to its overall request
for rate relief and each proposed adjustment to the test year as well
as provide the reasons for and explanation of the requested increase.
The utility shall submit two (3) copies of the testimony and reports,
if any, of company representatives and outside expert witnesses used
to support such filing.
(D)
The names of all other cities in which the gas utility will be making
a similar filing.
(E)
Copies of any press releases relative to the filing issued by the
company prior to or at the time of filing.
(F)
All other information, if any, required by the Gas Utility Regulatory
Act.
(2)
In connection with each statement of intent for a "major change"
in rates, the gas utility shall make available for review any or all
of the following information to the city attorney’s office for
inspection or copying upon written request:
(A)
Voluminous supporting studies, work papers, or documentation relied
upon by each individual or witness in the presentation of his testimony.
(B)
The gas utility’s books of original entry including the general
ledger, sub-ledgers, journals, balance sheets, operating income statements,
and monthly trial balances by primary account number, for each month
during the test year.
(C)
All work papers used to derive the utility’s adjusted value
of invested capital, which were not included in the filing package.
(D)
All work papers used to derive the utility’s test year adjusted
operating income, which were not included in the filing package.
Voluminous information and documents shall be made available
for review at a location within the jurisdictional limits of this
city unless the city states that such information and documents shall
be made available for review at an alternate location. In such event,
the utility shall make such information and documents available for
review in such other designated location.
(3)
The gas utility shall also make its plants, equipment and other properties
or any portion thereof available for inspection and review during
normal business hours upon advance notice by the city attorney.
(Ordinance 2013-O0089 adopted 9/10/2013)
(a)
Where information, data, representations are required by the Gas
Utility Regulatory Act, but are not set forth in the specific schedules
of this package, the gas utility shall set forth such information
in testimony or a narrative and/or additional schedules to be filed
with this filing package.
(b)
The city or its city attorney may require the gas utility to produce
further information in addition to that submitted in the statement
of intent, including proprietary information, if reasonably needed
to assist the city in making its rate determination.
(Ordinance 2013-O0089 adopted 9/10/2013)
For the convenience of the gas utility in assembling the information
required in this division and for the sake of the convenience of the
city in interpreting the information, the city or its city attorney
may prescribe the form and format for the submission of the information
required in this division in a rate filing package. Each gas utility
shall comply with all applicable forms and formats, which have been
so prescribed.
(Ordinance 2013-O0089 adopted 9/10/2013)
Each statement of intent and associated rate filing package
and supplement or addendum thereto shall be supported by an affidavit
or have an affidavit attached thereto setting forth that all information
contained therein is true and correct.
(Ordinance 2013-O0089 adopted 9/10/2013)
Pursuant to Gas Utility Regulatory Act section 103.022, the
city reserves the right to select and engage expert rate consultants,
accountants, auditors, attorneys, engineers, or any combination thereof
to conduct investigations, present evidence, advise and represent
the city or assist with litigation in rate making proceedings and
to require the utility to reimburse the city for the reasonable costs
of such services.
(Ordinance 2013-O0089 adopted 9/10/2013)
To the extent of any conflict between any of the terms or provisions
herein and any state or federal law, rule or regulation, which has
precedence over this division as a matter of law, the provisions of
such state or federal law, rule or regulation shall prevail.
(Ordinance 2013-O0089 adopted 9/10/2013)
The provisions of this division shall not be construed to relieve
any gas utility of its obligation to file with and make available
to the city, the city manager, or any other city officer or agency
of the city, any information not specified herein which is required
to be furnished or made available by state law. Furthermore, each
gas utility shall file, furnish and make available to the city or
its city attorney, within such time limits as he or she reasonably
prescribes, all information that the city may from time to time lawfully
request.
(Ordinance 2013-O0089 adopted 9/10/2013)
Upon written request of the applicant gas utility, the city
attorney may waive, in writing, the filing of a specific schedule
or other information required by this division, if such schedule or
information is not otherwise required to be provided by statute as
set forth herein. The city attorney may grant a request for waiver
only after the utility has shown that the city’s ability to
make a rate determination would not be frustrated by exclusion of
such information and that the city has reasonable alternatives to
the information that is the subject of the waiver request. Denial
of a waiver request renders that filing insufficient. Applications
found insufficient shall be abated to allow the utility to correct
its defect within a reasonable period, such period not to exceed 30
days.
(Ordinance 2013-O0089 adopted 9/10/2013)
Nothing contained in this division shall be construed as a waiver
or surrender of the city’s jurisdiction over the regulation
of the rates, services, or operations provided by any utility. The
city reserves the right to adopt modifications to the requirements
adopted in this division.
(Ordinance 2013-O0089 adopted 9/10/2013)
(a)
A gas utility providing information required by this division may
request that the city treat such information as "confidential" or
"highly sensitive confidential." The gas utility shall make a written
request to the city or its city attorney that the information not
be made routinely available for public inspection. Each request shall
contain a statement of the reasons for withholding inspection and
a statement of the facts and laws upon which those reasons are based.
The request for nondisclosure shall be treated and construed in accordance
with applicable state and federal law, including the Texas Open Records
Act, Ch. 552, Texas Government Code. The burden of showing eligibility
for nondisclosure is on the gas utility.
(b)
For those schedules that include information that the gas utility
claims is confidential and proprietary, each page containing such
information will be provided under seal; however, schedules and other
documents containing information that is claimed to be confidential
and proprietary may be presented in redacted form.
(c)
Unless a protective agreement between the city and the gas utility
controls the disclosure and use of proprietary, protected, or confidential
information, the information required to be submitted by this division,
whether claimed as "confidential: or "highly sensitive confidential"
or other similar basis, the gas utility, must provide such information
in non-redacted form to the city or its city attorney under seal.
Each page of this sealed filing containing "confidential" or "highly
sensitive confidential" information shall be clearly labeled as such.
Two copies of the confidential information will be provided to the
city or its city attorney. One copy of "highly sensitive confidential"
information will be provided to the city or its city attorney. No
further copies of information provided under seal may be made by the
city or its city attorney absent prior written approval of the gas
utility submitting such information under seal, unless and to the
extent the Attorney General or another authority with jurisdiction
finds that the information does not fall within an exception to the
Texas Public Information Act.
(Ordinance 2013-O0089 adopted 9/10/2013)
