State ex rel. Utilities Commission v. Cooper

758 S.E.2d 635, 367 N.C. 430, 2014 WL 2612515, 2014 N.C. LEXIS 396
Supreme Court of North Carolina·Decided June 12, 2014·No. No. 234A13·Published·Cited by 4 cases

Opinion

JACKSON, Justice.

In this case we consider whether the North Carolina Utilities Commission (“the Commission”) erred by approving certain adjustments made by Dominion North Carolina Power (“Dominion”) to a study of the costs of providing retail electric service to a large industrial customer. In addition, we consider whether the order of the [432] Commission, which authorized a 10.2% return on equity (“ROE”) for Dominion, contained sufficient findings of fact to demonstrate that it was supported by competent, material, and substantial evidence in view of the entire record. We conclude that the Commission did not err by approving Dominion’s adjustments to the cost-of-service study; however, we reverse that portion of the Commission’s order in which it authorized a 10.2% ROE for Dominion and remand for additional findings of fact in light of State ex rel. Utilities Commission v. Attorney General Roy Cooper ("Cooper”), 366 N.C. 484, 739 S.E.2d 541 (2013).

On 30 March 2012, Dominion filed an application with the Commission requesting authority to increase its retail electric service rates to produce an additional $63,665,000 — an increase of approximately 19.11% in overall base revenues. Subsequently, Dominion reduced its proposed revenue increase to $55,320,000 and requested an ROE of 11.25%. The ROE represents the return that a utility is allowed to earn on its capital investment by charging rates to its customers. As a result, a higher ROE impacts profits for shareholders and costs to consumers. Id. at 485 n.l, 739 S.E.2d at 542 n.l. The ROE is one of the components used in determining a company’s overall rate of return. State ex rel. Utils. Comm’n v. Public Staff (“Public Staff III"), 323 N.C. 481, 490, 374 S.E.2d 361, 366 (1988).

In this case the Commission allowed petitions to intervene filed by Nucor Steel-Hertford (“Nucor”), the Carolina Industrial Group for Fair Utility Rates, the North Carolina Sustainable Energy Association, and the North Carolina Waste Awareness and Reduction Network. Nucor is a large industrial customer of Dominion. The Attorney General and the Public Staff of the Commission intervened as allowed by law. See N.C.G.S. §§ 62-15, 20 (2013).

On 27 April 2012, the Commission entered an order declaring this proceeding a general rate case and suspending the proposed new rates for up to 270 days. The Commission scheduled four public hearings to receive testimony from public witnesses. The Commission also scheduled an evidentiary hearing for 16 October 2012, at which additional public testimony as well as expert testimony would be received.

During the course of the hearings, the Commission heard testimony from twenty public witnesses and a number of witnesses presented by the parties. The Commission also received evidence addressing the methodology used in Dominion’s cost-of-service studies. Cost-of-service studies are used to allocate production and trans[433] mission plant costs among multiple jurisdictions and customer classes. Dominion is required to submit such studies annually to the Commission. Dominion used the summer and winter peak and average method (“SWPA”), with a test period ending 31 December 2011, for its original study. The SWPA method models cost of service using two factors: a peak demand component and an average demand component. The peak demand component accounts for the power consumed during the hour when demand for electricity is highest in the summer and winter months. Average demand is calculated using the total power provided during the year, divided by the number of hours in the year. To determine the cost of providing service to a particular customer class, the peak and average demands for that class are weighted using a value called the system load factor, which represents whether the customer class uses more power during peak or off-peak periods. The effect of the system load factor is to allocate base load production costs to customer classes that use power during off-peak hours and peak production costs to customer classes that use power during peak hours.

Nucor operates an electric arc furnace. During the test period, Nucor consumed 21% of all electricity sold by Dominion in North Carolina. Nucor’s maximum peak demand was 158 megawatts (“MW”), and its average demand was 104 MW; however, in its original cost-of-service study, Dominion reduced Nucor’s peak demand component to 38 MW. This reduction reflected that Dominion has a contractual right to interrupt Nucor’s power use for limited periods. The contract between the companies provides for several types of interruption that place conditions on Nucor’s use of electricity. During a period of interruption, Nucor may purchase electricity pursuant to special price terms, depending upon the type of interruption Dominion has requested. Also, depending upon the type of interruption, Nucor may or may not be allowed to use this electricity to operate its electric arc furnace.

Nucor offered the testimony of Dr. Dennis Goins, Economic Consultant with Potomac Management Group, who recommended additional adjustments to the treatment of Nucor in the cost-of-service study. Goins’s primary recommendation was to treat the entirety of Nucor’s demand as interruptible or “non-firm.” Goins testified that interruptible service should not cause Dominion to incur any production capacity costs, so no production capacity costs should be allocated to Nucor. In the alternative, Goins recommended [434] that Dominion should reduce Nucor’s average demand in the same manner that it adjusted Nucor’s peak demand.

Dominion witness Paul B. Haynes, Manager, Regulation for Dominion, strongly opposed these proposals. Haynes noted that Goins’s primary recommendation would assign no responsibility for production plant costs and other costs to Nucor. He testified that this proposal would reduce the revenue requirement assigned to Nucor by $11.5 million, but increase the revenue requirement assigned to the residential class by $900,000. Haynes argued that Goins’s secondary proposal was unfair because all other customer classes’ average demand factors were calculated using the amount of energy they actually consumed. Haynes testified that the proposal would ignore 63% of the energy Nucor actually consumed, and it would potentially shift costs to other jurisdictions and adversely affect other customer.classes.

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State ex rel. Utilities Commission v. Cooper, 758 S.E.2d 635, 367 N.C. 430, 2014 WL 2612515, 2014 N.C. LEXIS 396 (N.C. 2014).

758 S.E.2d 635 (State ex rel. Utilities Commission v. Cooper) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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