Butler Taconite Project v. Minnesota Public Utilities Commission

332 N.W.2d 649, 1983 Minn. LEXIS 1119
CourtSupreme Court of Minnesota
DecidedApril 22, 1983
DocketC8-82-977
StatusPublished
Cited by2 cases

This text of 332 N.W.2d 649 (Butler Taconite Project v. Minnesota Public Utilities Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler Taconite Project v. Minnesota Public Utilities Commission, 332 N.W.2d 649, 1983 Minn. LEXIS 1119 (Mich. 1983).

Opinion

COYNE, Justice.

For the third time in recent years we review a decision of the Minnesota Public Utilities Commission (PUC), formerly Minnesota Public Services Commission, granting Minnesota Power & Light Company (MPL) an increase in electric rates. In large measure all three proceedings were prompted by the costs incurred by MPL in the construction of a generating plant *651 known as Clay Boswell No. 4. This appeal by three members of the taconite industry, which dominate the large power class of MPL customers, is from the district court’s order for judgment affirming the decision of the PUC granting an increase in electric rates effective May 1, 1980.

We affirm.

The circumstances giving rise to the construction of Clay Boswell No. 4 and the impact of that construction on MPL’s cash flow and bond rating have been outlined in our earlier decisions, Hibbing Taconite Co. v. Minnesota Public Service Commission, 302 N.W.2d 5 (Minn.1980), and Minnesota Power and Light Company v. Minnesota Public Service Commission, 310 N.W.2d 686 (Minn.1981). It suffices here to say that Minn.Stat. § 216B.16, subd. 6, directs the PUC, in the exercise of its power to determine public utility rates, to consider both the public need for adequate, efficient, and reasonable service and the public utility’s need for revenue sufficient (a) to enable it to meet the cost of furnishing the service, including adequate provision for depreciation of the property “used and useful” in rendering the service, and (b) to earn a fair and reasonable rate of return upon the investment in such property. Traditionally, a return on a public utility’s investment in new construction has been deferred until the new plant goes into service so that the rates assessed current ratepayers provide a return only with respect to property from which the ratepayers derive current benefit. Postponement of the return is achieved through accounting devices prescribed by statute and regulations: to the extent construction work in progress (CWIP) is included in the rate base, an allowance for funds used during construction (AFDC) — an amount equivalent to the financing or carrying cost of the funds used for construction purposes — is treated as if it were income for purposes of determining the public utility’s return on its property. Thus, the AFDC imputed income offsets the current return on the property during the construction period. When the construction is completed and the new plant goes into service, the capitalized AFDC becomes part of the rate base and the rates will include a return on the total investment, including AFDC, during the useful life of the plant.

Until 1977 this traditional treatment of AFDC was mandated by statute. 1 ' Following the 1977 amendment of Minn.Stat. § 216B.16, 2 MPL sought to alleviate its cash flow problems by requesting a rate increase based in part on the inclusion in its rate base of the CWIP associated with Clay Boswell No. 4 without a concomitant offset by the inclusion of AFDC as income. The PUC concluded that the circumstances did not require a departure from the traditional method of treating AFDC, and we affirmed that decision in Hibbing Taconite Co. v. Minnesota Public Service Commission, 302 N.W.2d 5 (Minn.1980).

In 1978 MPL renewed its petition for authorization to discontinue in part the cap *652 italization of AFDC.. The several interve-nors, one of whom was Butler Taconite Project (an appellant in the present case), proposed that MPL be required to adhere to the traditional practice of fully capitalizing AFDC. The PUC concluded that the magnitude of the construction project and the resultant adverse effect on MPL’s cash flow and cost of capital justified extraordinary relief. Having found that permitting MPL to realize a current return on any portion of the construction work in progress would have an adverse impact on consumer rates, the PUC determined that it was imperative that the increase in rates attributable to such relief should be assigned only to the class of customers deriving a present benefit from the construction program — i.e., the large power class. The PUC directed that one-half of the interest on the construction work in progress should be capitalized and allocated to all classes through traditional AFDC treatment and that the remaining half should be recovered immediately as a current expense through a rate increase assigned to the large power class. We affirmed that decision in Minnesota Power & Light Company v. Minnesota Public Service Commission, 310 N.W.2d 686 (Minn.1981).

On February 1, 1980, in anticipation of placing Clay Boswell in service on April 1st, MPL petitioned for a rate increase to be effective May 1, 1980. On January 30, 1981, the PUC issued its decision permitting MPL to implement rate increases effective May 1,1980. Clay Boswell No. 4 is included in the rate base for the 1980 test year as plant in service. To put it simply, then, the 1980 rates provide a return on MPL’s aggregate investment comprising both the amount formerly described as Clay Boswell No. 4 construction work in progress and the capitalized portion (one-half) of AFDC. Accordingly, all consumer classes are paying their proportionate share of the return and expenses associated with Clay Boswell No. 4.

The appellants contend, however, that the rate base allocated to the large power class of which the appellants are members should have been credited with the full amount of their AFDC payments of approximately 12.1 million dollars made pursuant to the PUC’s 1978 order. Essentially, appellants propose that MPL’s accounting system for the prior two years be revised so that the uncapitalized portion of Clay Boswell No. 4 AFDC can be capitalized and added to the rate base, that the enlarged rate base be allocated proportionately among all consumer classes of ratepayers, and that the rate base allocated to the large power class be reduced by 12.1 million dollars. The practical effect of appellants’ proposal would be to treat the payments required of the large power class under the 1978 order as an advance payment and to thrust higher rates upon the other consumer classes.

Noting that it was clear from the language of the 1978 order that the assignment to the large power class of 50% of the financing cost attributable to the construction of Clay Boswell No. 4 — based on the PUC’s finding of fact that prior to the completion of Clay Boswell No. 4 only the large power class enjoyed a present benefit from its construction — was intended to constitute a “permanent solution” to MPL’s financial problems arising out of the construction project, the PUC declined to allow the appellants’ requested credit. The district court affirmed the PUC’s order in the 1980 proceeding.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Office of Consumer Advocate v. Utilities Board
452 N.W.2d 588 (Supreme Court of Iowa, 1990)
Petition of Interstate Power Co.
416 N.W.2d 800 (Court of Appeals of Minnesota, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
332 N.W.2d 649, 1983 Minn. LEXIS 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-taconite-project-v-minnesota-public-utilities-commission-minn-1983.