Legislation Details

File #: 20-0850    Name: Atmos Settlement
Type: Ordinance Status: Approved
In control: City Council Regular Meeting
On agenda: 10/6/2020 Final action: 10/6/2020
Title: Consider/Discuss/Act on an Ordinance of the City of McKinney, Texas, Approving a Negotiated Settlement Between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division Regarding the Company's 2020 Rate Review Mechanism Riling; Declaring Existing Rates to be Unreasonable; Adopting Tariffs that Reflect Rate Adjustments Consistent With the Negotiated Settlement; Finding Rates to be Set by the Attached Settlement Tariffs to be Just and Reasonable and in the Public Interest; Approving an Attached Exhibit Establishing a Benchmark for Pensions and Retiree Medical Benefits; Approving an Attached Exhibit Regarding Amortization of Regulatory Liability; Requiring the Company to Reimburse ACSC'S Reasonable Ratemaking Expenses; Determining that this Resolution was Passed in Accordance with the Requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; and Requiring Delivery of this Resolution to the Company and the ACSC'S Legal ...
Attachments: 1. Ordinance, 2. ACSC Staff Report, 3. ACSC Staff Report Attachments

Title

Consider/Discuss/Act on an Ordinance of the City of McKinney, Texas, Approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division Regarding the Company’s 2020 Rate Review Mechanism Riling; Declaring Existing Rates to be Unreasonable; Adopting Tariffs that Reflect Rate Adjustments Consistent With the Negotiated Settlement; Finding Rates to be Set by the Attached Settlement Tariffs to be Just and Reasonable and in the Public Interest; Approving an Attached Exhibit Establishing a Benchmark for Pensions and Retiree Medical Benefits; Approving an Attached Exhibit Regarding Amortization of Regulatory Liability; Requiring the Company to Reimburse ACSC’S Reasonable Ratemaking Expenses; Determining that this Resolution was Passed in Accordance with the Requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; and Requiring Delivery of this Resolution to the Company and the ACSC’S Legal Counsel

 

Summary

 

COUNCIL GOAL:                     Financially Sound Government

 

MEETING DATE:                     October 6, 2020

 

DEPARTMENT:                      City Manager’s Office

 

CONTACT:                       Trevor Minyard, Strategic Services Manager

 

 

RECOMMENDED CITY COUNCIL ACTION:                     

•                     Staff recommends approval of the resolution.

 

ITEM SUMMARY: 

•                     The Legislature’s GRIP (Gas Reliability Infrastructure Program) process allows gas utilities to receive annual rate increases associated with capital investments.

•                     The RRM (Rate Review Mechanism) process, which is summarized in the “background information” section of the staff report, has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process.

•                     Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover $141.2 million in additional system-wide revenues, the RRM settlement at $90 million for ACSC Cities reflects substantial savings to ACSC Cities.  ACSC’s consultants produced a report indicating that Atmos had justified increased revenues for ACSC Cities of at least $81 million.  Settlement at $90 million (equivalent to $81 million with a two-month delay) is fair and reasonable.  New rates become effective December 1, 2020.

 

BACKGROUND INFORMATION: 

•                     McKinney, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”).  In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation).  That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute.

•                     On or about March 31, 2020, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members.  The Company claimed that its cost-of-service in a test year ending December 31, 2019, entitled it to additional system-wide revenues of $141.2 million.  Application of the standards set forth in ACSC’s RRM Tariff required Atmos to reduce its request to $136.3 million, $98.7 million of which would be applicable to ACSC members.  ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $111.5 million instead of the claimed $136.3 million.  The amount of the $111.5 million deficiency applicable to ACSC members would be $80.8 million.

 

FINANCIAL SUMMARY: 

•                     Atmos generated proof that the rate tariffs attached to the Resolution will generate $90 million in additional revenues from ACSC Cities.  ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate.

•                     The impact of the settlement on average residential rates is an increase of $5.15 on a monthly basis, or 9.9 percent.  The increase for average commercial usage will be $15.48 or 6.56 percent. 

•                     Further information is available in the body of Exhibits A-C in the Ordinance, and the ACSC Staff Report Attachments.

 

BOARD OR COMMISSION RECOMMENDATION:

•                     N/A