In re General Telephone Co.

47 Fla. Supp. 155
CourtFlorida Public Service Commission
DecidedJune 2, 1978
DocketDocket No. 760464-TP(CR). Order No. 8331
StatusPublished

This text of 47 Fla. Supp. 155 (In re General Telephone Co.) is published on Counsel Stack Legal Research, covering Florida Public Service Commission primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re General Telephone Co., 47 Fla. Supp. 155 (Fla. Super. Ct. 1978).

Opinions

BY THE COMMISSION.

Order requiring rate reduction: This proceeding is on remand from the Supreme Court of Florida as a result of that court’s decision in The Citizens of the State of Florida v. Hawkins, 356 So.2d 254 (Fla. 1978). By way of background, General Telephone Company filed a petition and new rate schedules on June 18, 1976 wherein it sought $71,056,548 in additional annual gross revenues. Ultimately the commission authorized the company to increase its rates and charges by $40,921,000 (Order No. 7669, 3/7/77). That level of revenues was predicated in part upon (1) the use of a year-end rate base, and (2) the computation of income tax expense by using the interest expense related to long term debt of General of Florida. A petition for writ of certiorari was filed by public counsel, an intervener in this proceeding, seeking review of Order No. 7669 and specifically our procedures in calculating the investment (rate base) and income tax expense of General. In remanding the proceeding back to the commission the court directed us to “adjust General Telephone’s rate award by application of the consolidated approach to the computation of federal income tax expense, and to reconsider the use of a year-end rate base for General Telephone in light of the principles enunciated.” 356 So.2d 254, 260. The purpose of this order is to comply with the court’s mandate.

Our decision herein shall be confined to the two issues presented to the court. First, we shall reconsider the use of a year-end rate in light of the principles enunciated by the court. We perceive those principles to be (1) that, “a year-end rate base is to be regarded as a deviation from the norm, and that it should properly be employed only in the most exceptional of cases,” and (2) our “decision regarding the use of a year-end rate base ...” shall be “. . . solely on considerations of extraordinary growth.” Stated differently, in the absence of extraordinary growth, the use of an average rate base should be our preference in determining the investment to be used in developing the revenue requirements of a public utility. Accordingly, we have again examined with considerable care the evidence [157]*157adduced by the company in support of its year-end investment. That evidence (Exhibit No. 7) reflects that while General’s growth in a number of categories exceeds that of other telephone utilities as a whole on a nationwide basis, it nevertheless cannot be considered to be of such magnitude as to be characterized as extraordinary. Further, we do not find the evidence presented on this issue is sufficient to warrant “a deviation from the norm.” Neither does it support a finding that we have before us an “exceptional” case as contemplated by the court. Consequently, we must conclude and so find that an average rate base is required and that General’s revenue requirements should be reduced by $8,064,500, the derivation of which is set out hereinafter.

AVERAGE RATE BASE
General Telephone Company of Florida
Intrastate year-end rate base ................................... $806,137,637
Intrastate average rate báse .................................... 763,634,160
Rate base effect .......................................................... 42,503,477
NOI effect 9.31% ...................................................... $ 3,957,074
Expansion factor ....................................................... 4-.490678
Revenue effect (reduction) ...................................... $ 8,064,500

Next, we must “adjust General Telephone’s rate award by application of the consolidated approach to the computation of federal income tax expenses.” This is merely a mechanical adjustment and requires that the prorated portion of interest cost related to long term debt of General Telephone and Electronics consolidated system be used in calculating income tax expense. By performing the calculation of income tax expense in this manner, it results in reducing revenue requirements by $1,908,000. The derivation of this amount is shown hereinafter.

TAX EFFECT OF CONSOLIDATED SYSTEM DEBT
General Telephone Company of Florida
Average capital structure (intrastate) .......................................... $681,795,000
Embedded cost of system debt ............................... 28,414,000
General of Florida’s interest ..................................... 26,530,000
Increase in interest .................................................... 1,884,000
Tax effect.................................................................... x .506
NOI increase ............................................................ $ 953,000
Expansion factor ...................................................... .4995
Revenue reduction .................................................... $ 1 $08,000

[158]*158The two adjustments collectively total $9,972,500 and reduce total revenue requirements of General from $40,921,000 to $30,948,500. We have made no further adjustments upon remand since, in our judgment, none are required. The parties herein (General and the public counsel) have filed briefs on the pertinent issues and have presented oral argument in support of their respective positions. While each has suggested an appropriate attrition allowance to be used in this proceeding, and the manner in which such allowance should be calculated, we find resolution of these issues unnecessary and have confined our decision to the two issues specifically presented to the court. Further, we have already provided a separate attrition allowance to the company, with the court’s approval, which increases investment by an amount equal to ninety days of net plant added during the period April 1, 1976 through June 30, 1976.

Because a rate reduction is being effectuated, it is necessary to implement that reduction through a revision of the tariff sheets of the company. The simplest and most equitable manner in which to allocate this reduction is by reducing the basic monthly local exchange rates. This results in the following new charges —

Rate Group 1-Pty. Business 2-Pty. Measured 1-Pty. Residence 2-•Pty. 4-Pty. Measured
I $24.00 $20.40 N/A $ 9.40 $ 7.60 $ 6.65 $ 5.65
II 25.15 21.35 N/A 9.90 8.00 6.95 5.95
III 26.35 22.40 N/A 10.35 8.35 7.20 6.20
IV 27.50 N/A 16.50 10.80 8.70 7.10 6.50
V 28.70 N/A 17.20 11.25 9.10 7.75 6.75
VI 29.90 N/A 17.90 11.75 9.50 8.05 7.05
VII 31.15 N/A 18.70 12.20 9.95 8.30 7.30

These changes are applicable to all local exchange service rendered by the company since March 11, 1977.

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Related

Citizens of Florida v. Hawkins
356 So. 2d 254 (Supreme Court of Florida, 1978)

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Bluebook (online)
47 Fla. Supp. 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-general-telephone-co-flapubserv-1978.