Commonwealth v. Potomac Edison Co.

353 S.E.2d 785, 233 Va. 165, 3 Va. Law Rep. 2030, 1987 Va. LEXIS 150
CourtSupreme Court of Virginia
DecidedMarch 6, 1987
DocketRecord No. 860706
StatusPublished
Cited by5 cases

This text of 353 S.E.2d 785 (Commonwealth v. Potomac Edison Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Potomac Edison Co., 353 S.E.2d 785, 233 Va. 165, 3 Va. Law Rep. 2030, 1987 Va. LEXIS 150 (Va. 1987).

Opinion

THOMAS, J.,

delivered the opinion of the Court.

The central issue in this appeal of right from the State Corporation Commission is whether the Commission erred in setting an authorized rate of return on common equity of 15.5% for the Potomac Edison Company (Potomac Edison). We find no error in the Commission’s decision; therefore, we will affirm its order.

On May 31, 1985, Potomac Edison filed an application for a general increase in rates. In that application, Potomac Edison stated that in the preceding general rate case (the 1981 Rate Case) it had been authorized to earn a rate of return on common equity of 15.5%, and an overall rate of return of 10.7%, all based on a twelve-month test year ending September 30, 1981. In an expedited proceeding which followed the 1981 Rate Case, Potomac Edison’s overall rate of return was adjusted to 10.64%. In the instant proceeding, Potomac Edison sought approximately $9.6 million in additional revenues which would produce an overall rate of return of 10.49%.

Francis E. Jeffries testified on behalf of Potomac Edison concerning the appropriate rate of return on common equity. He testified that 16% was fair. He said that the interrelated factors of inflation, business risks, and financial costs are major factors in influencing the investment decision. He said that investment objectives are geared to the level of inflation, with investors attempting to use their common equity investments as a hedge against inflation.

In his testimony, Jeffries described certain market conditions existing between 1980 and 1985. He said that from 1980 to 1983 the cyclical inflation rate declined from 13.5% to 3.2%. However, [167]*167he testified that it was too soon to say whether there existed a lasting improvement in inflation since inflation went back up to 4.3% in 1984. He noted further that on new, long-term, double-A utility bonds, the interest rate was about 16% in 1981 and in the first half of 1982. In the second half of 1982, the interest rates on such new bonds declined to the 12% to 12.5% range. A further decline occurred in 1983 when the range changed to 11% to 12.5%. In 1984, the interest rate on new bonds increased to 14%. But by August 1985, there was a decline to 11.5%.

In order to reach a decision as to the appropriate rate of return for Potomac Edison, Jeffries, and all the expert witnesses in the case, analyzed the stock of Allegheny Power Systems (APS), which owns all of Potomac Edison. Jeffries noted that when APS’ dividends were adjusted for inflation, from 1973 to 1984 there was a 22% decline in purchasing power despite an 82% nominal increase. Jeffries also adjusted APS’ earnings per share for inflation and found a 33% decline in purchasing power despite a 57% nominal increase in earnings per share. He testified further that, with regard to the price per share of APS stock, though there was a nominal increase between 1973 and 1984, when the figure was adjusted for inflation, there was a 42% decline in the price per share. In terms of purchasing power, according to Jeffries, the market value of APS common stock was 1.7 times more in 1973 than in 1984.

Jeffries testified that Potomac Edison faces financial risks because it relies mostly on coal to generate its electricity. He explained that although coal is presently a low risk fuel, federal regulations concerning acid rain could result in significant emission controls.

Jeffries also spoke of risks that are inherent in the ownership of common stock. He said, in that regard, that common stock represents the greatest risk to an investor because there exists no legal requirement for a dividend or repayment. In addition, he explained that common stock is inferior to debt instruments and preferred stocks.

James R. Haltiner testified on behalf of the Commission staff. He recommended a return on common equity in the range of 13.7% to 14.8%. However, he testified that using the discounted cash flow method of analysis adjusted for flotation costs of 5%, he found a composite cost of equity in the range of 14.0% to 15.1%. In Haltiner’s view, utilities are less risky than other investments [168]*168because they provide a floor for rates of return. He views them as substitutes for bonds but with a growth potential. Using the capital asset pricing model, Haltiner estimated that the cost of equity capital would be in the range of 13.4% to 14.4%.

Reviewing the condition of APS, Haltiner said that it was in good financial health with its rate of return on equity having improved over the preceding five years.

On cross examination, Haltiner admitted that one of his exhibits showed that security analysts expect growth rates of earnings per share and dividends per share ranging from 4.0% to 6.5%. He testified that if the highest figure, 6.5%, was used with his discounted cash flow model, the cost of equity would be 16.1% without adjustment for flotation costs and 16.6% with such adjustment.

Haltiner admitted further that an equity risk premium of 2% to 4% is appropriate for utility stocks. Haltiner explained, however, that this risk premium should be applied to five-year treasury bonds, not double-A utility bonds as suggested by Jeffries. Applying the risk premium to treasury bonds, the top of the range would be 15%.

Haltiner also testified that in recommending his range of return on equity, he did not take into account Potomac Edison’s generating unit performance. He admitted not knowing how to take that into account. At that point, the Commission Chairman explained that the Commission attempted to reward efficiency, as shown by generating unit performance, by “adding a little bit to the return on equity.” The Chairman asked Haltiner whether such a viewpoint made good economic sense. Haltiner replied: “I think incentive systems make good economic sense in general.”

A member of the Commission’s staff testified on the issue of generating unit performance. He said that the staff looks for an Equivalent Availability Factor (EAF)

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Bluebook (online)
353 S.E.2d 785, 233 Va. 165, 3 Va. Law Rep. 2030, 1987 Va. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-potomac-edison-co-va-1987.