Boise Water Corp. v. Idaho Public Utilities Commission

578 P.2d 1089, 99 Idaho 158, 1978 Ida. LEXIS 392
CourtIdaho Supreme Court
DecidedMay 11, 1978
Docket12512
StatusPublished
Cited by12 cases

This text of 578 P.2d 1089 (Boise Water Corp. v. Idaho Public Utilities Commission) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boise Water Corp. v. Idaho Public Utilities Commission, 578 P.2d 1089, 99 Idaho 158, 1978 Ida. LEXIS 392 (Idaho 1978).

Opinion

SHEPARD, Chief Justice.

This is an appeal from orders of the Idaho Public Utilities Commission denying in part Boise Water’s petitions for rate increases. We set aside the orders of the Public Utilities Commission.

Two general issues are raised on this appeal. First, did the Commission err in disallowing certain operating expenses of Boise Water which had the effect of reducing the rate structure, which in turn reduces Boise Water’s revenue? Secondly, did the Commission improperly treat a transfer of real property from Boise Water to one of its corporate affiliates as creating hypothetical revenue for the benefit of the ratepayers and thereby reduce Boise Water’s need for actual revenue?

Boise Water is a subsidiary of General Waterworks Corporation. General owns some 65 other utilities as well as a corporation which provides management and other services to Boise Water and the other subsidiaries. General Waterworks in turn is a wholly owned subsidiary of I.U.' North American Corporation, which is wholly owned by I.U. International Corporation. Boise Water’s corporate decisions and activities are controlled by this holding company superstructure. Boise Water is billed for services provided to it through this holding company network. In a related case, Boise Water Corp. v. Idaho Public Utilities Commission, 97 Idaho 832, 555 P.2d 163 (1976) (Boise Water I), we held that as to operating expenses of Boise Water which are passed onto it by its corporate affiliates, Boise Water bears the burden of proving that those expenses are reasonable. In the instant case the Public Utilities Commission held that Boise Water had not carried its burden of proof.

The Commission requested Boise Water to submit detailed accounts of the work which had been done by the affiliates and billed to Boise Water. Boise Water claimed it was unable to provide that information since that information is in the control of Boise Water’s holding companies. Those corporations were not before the Commission and they did not voluntarily submit the information sought by the Commission. The holding companies did make their out-of-state records available for inspection by the Commission staff, and in fact, the Commission staff did examine some raw records, but the Commission was not satisfied that Boise Water had shown the questioned expenses to be reasonable. Thus, discharge of the Commission’s function in this matter was hampered and complicated by the utility’s refusal or inability to provide detailed cost justification for those services it purchased from its affiliates.

The utility sought to justify its rate increase request by comparing its overall operating costs in two categories with the overall operating costs of roughly similar water utilities which were both affiliated and unaffiliated with General Waterworks. Those figures show that Boise Water’s operating expenses in both categories were lower than those of most other utilities. The Commission chose not to rely on those comparables. As is shown by the record, certain costs incurred by General Waterworks, I.U. North American and I.U. International are allocated pro rata among the various subsidiaries. Those costs were not itemized.

The Commission did not reject Boise Water’s rate increase application as alto *160 gether unjustified, but instead decided to consider as reasonable an increase in Boise Water’s operating expenses which corresponded to the increase in the Consumer Price Index (CPI) between 1969 and 1975— 1969 was the last year in which Boise Water had been granted a rate increase and the latter year was the test period. To the extent that Boise Water’s operating costs billed by its affiliates increased more rapidly and in excess of the CPI rate, they were disallowed for ratemaking purposes.

In Boise Water I we held that the Commission could rely on the CPI as a guide to what operating expenses incurred in transactions with affiliates could be allowed when, as here, the Commission had been denied access to more reliable data by the applicant or its affiliates. However, we also held that before the CPI could be relied upon by the Commission, findings were necessary to establish a rational connection between the CPI and the appellant’s operating expenses. The findings we found absent in Boise Water I are present in the instant case. The Commission found that “One of the principal components of the expenses for administrative and accounting services which GWM&S [a management services subsidiary of General Waterworks] and GWC charged to Applicants are salaries and wages.” Clk. Tr. at 61, IPUC Order No. 12874 at 20. The Commission also found, “That the Consumer Price Index is the best available measure for the use at hand, primarily because there is a relationship between the Consumer Price Index and the cost of salaries and wages.” Given those findings, we cannot say that the Commission acted arbitrarily in disallowing as excessive those affiliate charges to Boise Water which increased more rapidly than the CPI.

Boise Water next contends that the Commission misapplied the CPI to disallow expenses incurred by Boise Water in transactions with nonaffiliates. As we stated in Boise Water I,' once the utility proves it incurred certain expenses in transactions with nonaffiliates “the burden then shifts to the Commission to show by substantial, competent evidence that the expenditures were unreasonable by reason of inefficiency or bad faith.” 97 Idaho at 838, 555 P.2d at 169. Boise Water contends that the Commission used the CPI as an across-the-board method for disallowing operating expense increases, irrespective of whether those expenses were incurred in transactions with affiliates or nonaffiliates.

The appellant’s increase in administrative and general costs between 1969 and 1975 was $5.60 per customer which is 68 percent more than it had been in 1969 when Boise Water was last granted a rate increase. Of the $5.60 cost increase, certain items were not included in that account in 1969, such as transportation, franchise expenses, rate case expenses, insurance costs, employee benefit increases, construction requirements and regulatory commission increases, which total $2.67 per customer. Such costs were billed to Boise Water by nonaffiliates. Therefore, subtracting $2.67 from the $5.60 results in an increase of billings from affiliates of $2.93 or 35.6 percent, which is well within the CPI increase of 46.8 percent. The Commission erred in disallowing that portion of the increased costs which was billed by affiliates and within the CPI limits. As above stated, in transactions with nonaffiliates the Commission may not disallow expenses actually incurred unless those expenses were incurred without justification and the Commission bears the burden of showing that the expenses were incurred unreasonably. Insofar as the record presented here is concerned the Commission did not carry that burden. Hence, we hold that the Commission erred in disallowing that portion of the rate increase request based on Boise Water’s increase in administrative and general costs.

Boise Water next asserts that the Commission erred in twice disallowing certain customer accounting expense increases in excess of the CPI. According to the Commission, those costs increased by 112 percent, or $3.92 per customer between 1969 and 1975.

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Bluebook (online)
578 P.2d 1089, 99 Idaho 158, 1978 Ida. LEXIS 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boise-water-corp-v-idaho-public-utilities-commission-idaho-1978.