Utah Power & Light Co. v. Idaho Public Utilities Commission

690 P.2d 901, 107 Idaho 446, 1984 Ida. LEXIS 550
Idaho Supreme Court·Decided October 23, 1984·No. No. 14872·Published·Cited by 1 cases

Opinions

BISTLINE, Justice.

On March 1, 1982, Utah Power & Light (UP&L) applied with the Idaho Public Utilities Commission (Commission) for a general rate increase of $23,762,000, or an approximately 29.1 percent rate increase for its Idaho customers.

On May 24,1982, UP&L and the Commission staff stipulated that 15.75 percent was a reasonable rate of return. The stipulation did not purport to bind the Commission and provided that neither party should be deemed thereby to have stipulated to the facts, principles, methods or theories employed by the other.

Addressed at the June and August 1982 rate hearings was UP&L’s purchase on September 30, 1981, of C.P. National, a former resale customer whose wholesale rates paid to UP&L were regulated by the Federal Energy Regulatory Commission, which purchase turned C.P. National’s former customers into direct retail customers of UP&L regulated by the Utah Public Service Commission. UP&L purchased the C.P. National property for $27,949,191, which included a $6,475,503 acquisition adjustment representing C.P. National’s tax liability from the recapture of investment tax credit and accelerated depreciation. $1,992,462 of the acquisition adjustment was allocated by UP&L to its customers in the State of Idaho. The Company expected to spend approximately $7,000,000 in the following five years to upgrade the C.P. National system.

On September 27, 1982, the Commission issued Order No. 17602 which allowed UP&L to include in the rate base the book value of the C.P. National plant but excluded the acquisition adjustment from the rate base. The Commission awarded UP&L a 15.25 percent return on rate base rather than the 15.75 percent stipulated by the parties.

On October 13, 1982, UP&L applied for rehearing on both the C.P. National and the rate of return issues. On October 22, 1982, UP&L petitioned for a $114,000 adjustment to its revenue requirement as provided for pursuant to the Commission’s Order No. 17602.

On November 10, 1982, the Commission issued Order No. 17707 allowing UP&L’s requested revenue requirement adjustment and denying the Company’s petition for rehearing on the C.P. National acquisition adjustment and rate of return issues.

This appeal follows.

Initially we note our standard of review of ratesetting orders:

“The function of rate making is legislative and not judicial. The commission as the agency of the legislative department of government exercises delegated legislative power to make rates. So long as it regularly pursues its authority and remains within constitutional limitations, the courts have no jurisdiction to interfere with its determinations.
“ ‘It is fundamental that the judicial power to declare legislative action invalid upon constitutional grounds is to be exercised only in clear cases. The constitutional invalidity must be manifest, and if it rests upon disputed questions of fact, the invalidating facts must be proved.’ [Citation omitted.] “ ‘ ... [T]he judicial function does not go beyond the decision of the constitutional question. That question is whether the rates as fixed are confiscatory. And upon that question the complainant has the burden of proof, and the court may not interfere with the exercise of the state’s authority unless confiscation is clearly established.’ ” [Citation omitted.]
[449]*449Petition of Mountain States Telephone & Telegraph Co., 76 Idaho 474, 480, 284 P.2d 681, 683 (1955).

Thus, the Commission’s ratesetting order carries with it the presumption of validity. Its order in this case will be affirmed unless UP&L meets its heavy burden of establishing that the order violated its constitutional rights or that the Commission did not regularly pursue its authority. Citizens Utility Co. v. Idaho Public Utilities Commission, 99 Idaho 164, 579 P.2d 110 (1978); Mountain States, supra; Artesian Water Co. v. Public Utilities Commission, 40 Idaho 690, 236 P. 525 (1925).

I. C.P. NATIONAL

UP&L contends that the Commission erred in refusing to include in rate base the acquisition adjustment paid by UP&L for the C.P. National property. UP&L argues that the full purchase price paid for the C.P. National property should be included in rate base because this cost represents both the true cost of the property adjusted to reflect accepted accounting principles and also the value and benefit received by the Company’s ratepayers.

The acquisition adjustment represents C.P. National’s tax liability from the recapture of investment tax credit and accelerated depreciation passed through to its ratepayers under “flow-through” accounting principles and equals that amount necessary to adjust C.P. National’s records to a fully normalized accounting basis.

Federal income tax laws permit regulated utilities to depreciate their investments in utility property under accelerated methods rather than straight-line methods. In the straight-line method of depreciation, the utility deducts from its taxable income equal annual amounts of depreciation over the life of the asset, whereas in accelerated methods the utility deducts greater amounts initially and smaller amounts during the later years of the asset’s life. For ratemaking purposes, regulatory bodies generally allow utilities to charge ratepayers depreciation expenses for their investment under straight-line methods. Thus, a public utility may elect the benefits of accelerated depreciation for income tax purposes but depreciate the property for rate-making purposes under the straight-line method. When this occurs, regulators choose one of two methods to account for the difference in depreciation for federal income tax and regulatory purposes. These two methods are known as “normalization” and “flow-through” accounting.

“Normalization occurs when a utility uses an accelerated depreciation method for income tax purposes, but calculates its tax expense for ratemaking purposes as if it had taken straight-line depreciation. Thus, in the early years of an asset’s life the utility collects more from its ratepayers than it actually pays in taxes. This excess amount is usually credited to a reserve account for deferred taxes____ Th[is] reserve account provides a source of funds, for accounting purposes, with which to pay the utility’s increased tax bills during the later years of the asset’s life. This increased tax liability is caused by the fact that, under a normalization of accounting for ratemaking purposes, a crossover point is reached, when actual taxes paid by the utility begin to exceed revenues collected for taxes.”
New England Telephone & Telegraph Co. v. Public Utilities Commission, 390 A.2d 8, 18-19 n. 4 (Me.1978). “Flow-through is a ratemaking technique by which rates are based upon the actual taxes to be paid in that year by a utility taking accelerated depreciation. The tax “savings” are credited to income, thereby reducing the utility’s revenue requirement.

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Utah Power & Light Co. v. Idaho Public Utilities Commission, 690 P.2d 901, 107 Idaho 446, 1984 Ida. LEXIS 550 (Idaho 1984).

690 P.2d 901 (Utah Power & Light Co. v. Idaho Public Utilities Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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