RAILROAD COMMISSION OF TEXAS

Transcription

1 RAILROAD COMMISSION OF TEXAS GAS SERVICES DIVISION GAS UTILITIES INFORMATION BULLETIN No. 793 RAILROAD COMMISSION OF TEXAS Elizabeth A. Jones, Chairman Michael L. Williams, Commissioner Victor G. Carrillo, Commissioner Stephen L. Pitner Director Gas Services Division

2 TABLE OF CONTENTS SECTION PAGE SECTION 1 - NEW APPEALS AND APPLICATIONS FILED...2 SECTION 2 - APPEALS AND APPLICATIONS SET FOR HEARING...4 SECTION 3 - STATUS OF PENDING CASES...4 SECTION 4 - NOTICES OF DISMISSAL...4 SECTION 5 - ORDERS OF THE COMMISSION...5 SECTION 6 - MISCELLANEOUS Orders were issued in the following dockets: GUD No APPEAL OF CENTERPOINT ENERGY ENTEX FROM THE ACTIONS OF THE CITIES OF GOLIAD, VICTORIA, REFUGIO, AND MATHIS. (Combined with GUD No. 9647) Final Order 1

3 SECTION 1 NEW APPEALS AND APPLICATIONS FILED DOCKET NO CAPTION -- Inquiry into the Failure of Atmos Energy Corp., Mid-Tex Division to Comply with Safety Standards. DATE FILED -- March 2, 2006 FILED BY -- Commission s Own Motion EXAMINER -- Susan German DOCKET NO CAPTION -- Application of Atmos Energy Corp., Mid-Tex Division for approval of Direct Assessment Methodology. DATE FILED -- April 3, 2006 FILED BY -- EXAMINER -- Reese Copeland DOCKET NO CAPTION -- Application of Atmos Energy Corp., Mid-Tex Division for Test Year 2005 Annual Interim Rate Adjustment for the Environs Area. DATE FILED -- March 24, 2006 FILED BY -- Richard Reis EXAMINER -- Stephen Pitner DOCKET NO CAPTION -- Application of Eastrans Limited Partnership Pursuant to Section 311 of the Natural Gas Policy Act for Review of the Reasonableness of a Transportation Rate.. DATE FILED -- March 31, 2006 FILED BY -- Daniel R. Renner EXAMINER -- Danny Bivens DOCKET NO CAPTION -- Application of Crosstex CCNG Transmission, LTD. Pursuant to Section 311 of the Natural Gas Policy Act for Review of the Reasonableness of a Transportation Rate. DATE FILED -- April 4, 2006 FILED BY -- Daniel R. Renner EXAMINER -- Danny Bivens DOCKET NO CAPTION -- Enforcement Action Against City of Benavides, for Violation of Commission Pipeline Safety Regulation 8.201, Duval County Texas. DATE FILED -- April 6, 2006 FILED BY -- Commission s Own Motion EXAMINER -- Susan German 2

4 DOCKET NO CAPTION -- Enforcement Action Against City of White Deer, for Violation of Commission Pipeline Safety Regulation 8.201, Carson County Texas. DATE FILED -- April 6, 2006 FILED BY -- Commission s Own Motion EXAMINER -- Susan German DOCKET NO CAPTION -- Request of Enterprise Texas Pipeline, L.P. to Cancel Order in Docket 500. DATE FILED -- April 4, 2006 FILED BY -- James E. Mann EXAMINER -- John Chakales 3

5 SECTION 2 APPEALS AND APPLICATIONS SET FOR HEARING OR PREHEARING CONFERENCE None at this time. SECTION 3 STATUS OF PENDING CASES None at this time. SECTION 4 NOTICES OF DISMISSAL None at this time. 4

6 SECTION 5 ORDERS OF THE COMMISSION GAS UTILITIES DOCKET NO APPEAL OF CENTERPOINT BEFORE THE ENERGY ENTEX FROM THE RAILROAD COMMISSION ACTIONS OF THE CITIES OF OF TEXAS VICTORIA, REFUGIO, AND MATHIS GAS UTILITIES DOCKET NO APPEAL OF CENTERPOINT ENERGY ENTEX FROM THE ACTION OF THE CITY OF GOLIAD BEFORE THE RAILROAD COMMISSION OF TEXAS FINAL ORDER Notice of Open Meeting to consider this Order was duly posted with the Secretary of State within the time period provided by law pursuant to TEX. GOV T CODE ANN. Chapter 55 1, et seq. (Vernon 1994 & Supp. 2005). The Railroad Commission of Texas (the Commission ) adopts the following findings of fact and conclusions of law and orders as follows: FINDINGS OF FACT 1. CenterPoint Energy Entex ( CenterPoint ) is a utility as that term is defined in the Texas Utility Code. 2. CenterPoint owns and operates a gas distribution system, referred to as the South Texas Division. 3. CenterPoint filed Statements of Intent to Change Rates ( Statement of Intent ) with each of the cities served by the South Texas Division on June 30, 2005, including the Cities of Victoria, Refugio, Mathis, and Goliad. 4. Prior to the effective date of its proposed rates, CenterPoint published notice of its Statement of Intent for four successive weeks in newspapers having general circulation in each county containing territory affected by the rate change. 5. Following the filing of CenterPoint s Statement of Intent, the Cities of Victoria, Refugio, Mathis, and Goliad ordered that the rates proposed in CenterPoint s Statement of Intent be suspended for 90 days from the date the rates would otherwise go into effect. 6. Prior to the expiration of the 90 day suspension period, the Cities of Victoria, Refugio, and Mathis denied CenterPoint s rate request. 7. On November 18, 2005, CenterPoint timely filed a Petition for Review of the Municipal Actions of the Cities of Victoria, Refugio, and Mathis requesting that the Commission establish the same rates for customers located in these cities that 5

7 were approved by the Commission in GUD No for the environs areas of the South Texas Division. The petition was assigned Gas Utilities Docket No On January 18, 2006, the City of Goliad passed Ordinance No Ordinance No lowered the rates charged by CenterPoint to customers within the City of Goliad for local gas distribution service. 9. On February 17, 2006, CenterPoint timely filed a Petition for Review of the Municipal Action of the City of Goliad requesting that the Commission establish the same rates for customers located in this city that were approved by the Commission in GUD No for the environs areas of the South Texas Division. The petition was assigned Gas Utilities Docket No On March 1, 2006, the Commission granted the City of Goliad s request to consolidate GUD No with GUD No Prior to the hearing in this case, CenterPoint reached a Settlement Agreement (the Settlement Agreement ) with the Cities of Victoria, Refugio, Mathis, and Goliad ( Cities ). 12. The Settlement Agreement between CenterPoint and the Cities is reasonable and should be approved in this case. Approval of the rates set out in the Settlement Agreement will result in rates that are just, reasonable, and nondiscriminatory. A copy of the Settlement Agreement and the tariffs implementing the same are attached to this Order as Exhibit A. 13. CenterPoint is required by 16 TEX. ADMIN. CODE (2002) to file electronic tariffs incorporating rates consistent with this Order within thirty days of the date of this Order. Depreciation 14. In accordance with the Settlement Agreement, the depreciation rates, as shown in Exhibit A to this Order, are reasonable for use in this case and should be adopted. Miscellaneous Service Charges 15. In accordance with the Settlement Agreement, the Miscellaneous Service Charges, as shown in Exhibit A to this Order on Rate Schedule No. MISC-4 are reasonable. Customer Charge and Volumetric Charge 16. CenterPoint and the Cities have agreed to design rates for three customer classes. The three customer classes agreed upon are the following: residential, general service-small, and general service-large volume. 17. Residential rates, as shown in Exhibit A to this Order on Schedule No. R-2019-A, consisting of a monthly customer charge of $11.75 and a single volumetric charge of $ at Psi or $ at Psi, are reasonable. 18. General Service-small rates, as shown in Exhibit A to this Order on Schedule No. GSS-2019, consisting of a monthly customer charge of $15.00 and a single volumetric charge of $ at Psi or $ at Psi are reasonable. 19. General Service-large volume rates, as shown in Exhibit A to this Order on Schedule No. GSLV-598-A, consisting of a monthly customer charge of $42.00 and a single volumetric charge of $ are reasonable. 6

8 Rate Case Expenses 20. It is reasonable for the Commission to order CenterPoint to pay the Cities previously incurred rate case expenses within 30 days of this Order, and any additional rate case expenses incurred through {Date of Final Order}, within 30 days of receipt of invoices, pursuant to TEX. UTIL. CODE ANN (Vernon 1998). CONCLUSIONS OF LAW 1. CenterPoint Energy Entex ( CenterPoint ) is a Gas Utility as defined in TEX. UTIL.CODE ANN (7) (Vernon 1998 and Supp. 2005) and (Vernon 1998 and Supp. 2005) and is therefore subject to the jurisdiction of the Railroad Commission (Commission) of Texas. 2. The Railroad Commission of Texas (Commission) has jurisdiction over CenterPoint under TEX. UTIL. CODE ANN (Vernon 1998 and Supp. 2005), (Vernon 1998), and (Vernon 1998). 3. Under TEX. UTIL. CODE ANN (Vernon 1998 and Supp. 2005), the Commission has exclusive appellate jurisdiction to review an order or ordinance of a municipality exercising its exclusive original jurisdiction under the Gas Utility Regulatory Act. 4. CenterPoint s filing of its Statements of Intent and Petitions for Review of Municipal Rate Decisions comply with Chapter 103 and 104 of the Texas Utility Code. 5. In accordance with the stated purpose of the Texas Utilities Code, Subtitle A, expressed under TEX. UTIL. CODE ANN (Vernon 1998), the Commission has assured that the rates, operations, and services reflected in the tariffs included in attached Exhibit A are just and reasonable to customers and to the utilities. 6. The rates and service charges reflected in the tariffs included in attached Exhibit A are found to be just and reasonable, not unreasonably preferential, prejudicial, or discriminatory, and are sufficient, equitable and consistent in application to each class of consumer, as required by TEX. UTIL. CODE ANN (Vernon 1998). 7. The rates and service charges reflected in the tariffs included in Exhibit A to this Order will not yield to CenterPoint more than a fair return on the adjusted value of the invested capital used and useful in rendering service to the public, as required by TEX. UTIL. CODE ANN (Vernon 1998). IT IS THEREFORE ORDERED that the rates and service charges established in the findings of fact and conclusions of law and shown in the schedules for CenterPoint, in Exhibit A to this Order, are APPROVED. IT IS FURTHER ORDERED that CenterPoint shall reimburse the Cities their incurred rate case expense within 30 days after the date of this Order or within 30 days of receipt of invoices showing actual recoverable expenses. IT IS FURTHER ORDERED that, in accordance with 16 TEX. ADMIN. CODE 7.315, within 30 days of the date this Order is signed, CenterPoint shall file tariffs with the Gas Services Division. The tariffs shall incorporate rates and service charges consistent with this Order, as stated in the findings of fact and conclusions of law and shown in Exhibit A to this Order. 7

9 IT IS FURTHER ORDERED that all proposed findings of fact and conclusions of law not specifically adopted in this Order are hereby DENIED. IT IS ALSO ORDERED that all pending motions and requests for relief not previously granted or granted herein are hereby DENIED. SIGNED this 28 th day of March, RAILROAD COMMISSION OF TEXAS /s/ ELIZABETH A. JONES CHAIRMAN /s/ MICHAEL L. WILLIAMS COMMISSIONER /s/ VICTOR G. CARRILLO COMMISSIONER ATTEST /s/ Kim Williamson SECRETARY 8

10 1. OFFICE OF THE DIRECTOR A. Publications SECTION 6 MISCELLANEOUS STEPHEN L. PITNER, GAS SERVICES DIVISION DIRECTOR 1. Texas Utilities Code Titles 3 and 4. Now available at the State of Texas website at: Special Rules of Practice and Procedure and Substantive Rules. Now available thru the Commission s Website at: 2. a. Annual Report for Fiscal Year 2004 Now available via the Commission s website at: b. Annual Report for Fiscal Year 2003 Now available via the Commission s website at: c. Annual Report for Fiscal Year 2002 Now available via the Commission s website at: d. Annual Report for Fiscal Year 2001 available via the Commission s website at: e. Annual Report for Fiscal Year $17.00 (includes statistical data for 1999) f. Annual Report for Fiscal Year $9.00 (includes statistical data for 1998) g. Annual Report for Fiscal Year $7.00 (includes statistical data for 1997) 3. Six MCF Monthly Residential Gas Bill Analysis for Twenty-five Texas Cities - $2.00 Now available via the Commission s website at: Anyone who wishes to obtain a copy of any of the publications or maps listed in Section A should contact the Central Records Section at OR P. O. Box 12967, Austin, Texas B. Interest Rate on Customer Deposits We have been advised by the Public Utility Commission that the interest rate to be applied to customer deposits in calendar year 2005 is 6.00%. All gas utilities should use this rate. 2. UTILITY AUDIT SECTION A. Maintains headquarters and three district offices as follows: Headquarters - William B. Travis Building 1701 North Congress, P. O. Box 12967, Austin, Texas Telephone (512)

11 Ed Abrahamson, Director, Utility Audit Section Fax (512) Shannon Miller, Program Specialist Pearl Rodriguez, Program Specialist Rachel Hampton, Administrative Assistant Dallas District Rowlett Rd., Suite 107, Garland, Texas Telephone (972) Fax (972) Yolandra Davis, Auditor Josh Settle, Auditor Austin District- P. O. Box 12967, Austin, Texas Telephone (512) Fax (512) Stephen Cooper, Senior Auditor Houston District Seamist Drive. Suite 501 Telephone (713) Houston, TX Fax (713) Margie Stoney, Senior Auditor Larry Alcorn, Auditor Dale Francis, Auditor Bryan L. Sparkman, Auditor Konata Uzoma, Auditor B. Gas Utility Tax, Annual Reports and Audit Reports 1. Questions relating to gas utility tax, call Rachel Hampton at (512) Questions relating to annual reports, call Rachel Hampton or Pearl Rodriguez at (512) Inquiries relating to audit reports, call Pearl Rodriguez at (512) C. Available Information Copies of gas utility annual reports (1999 to present), as well as information relating to any of the above, A through C, are available for review at the William B. Travis Building, Gas Services Division, 9th Floor, 1701 North Congress. All requests for copies must be made in writing and should be addressed to the Audit Section. Copies will be provided for a fee, depending on the volume of copy work desired, allow a minimum of five days for completion of requests. Inquiries regarding copies should be directed to the Audit Section at (512) , or Fax your request to (512) MARKET OVERSIGHT A. Maintains the following office to assist you: Headquarters - William B. Travis Building 1701 North Congress, P.O. Box 12967, Austin, Texas Telephone (512) William O. Geise, Director B. Gas Utilities Information Bulletin Published on the Commission s web site at: C. Proposals For Decision Published on the Commission s web site at: D. Tariff Filings Questions pertaining to the filing of tariffs and/or quality of service rules should be directed to Kathy Arroyo, Yolanda Lovelace or Marie Blanco at (512)

12 E. Curtailments Curtailment questions should be referred to (512) Curtailment reports made Monday through Friday, 8:00 a.m. to 5:00 p.m., should be made to (512) Curtailment reports made during hours other than those specified above and holidays, should be made to (512) F. Compliance Filings Questions regarding gas utilities docket compliance filing requirements should be referred to Mark Brock at (512) G. Complaints and Inquiries All complaints and inquiries relating to the gas utility industry should be directed to the Market Oversight Section at (512) H. Pending RRC Rules and Regulations: GUD No Amendments to Curtailment Rule 4. HEARINGS AND LEGAL ANALYSIS A. Miscellaneous Anyone wishing to obtain copies of appendices to Orders appearing in Section 5 of this Bulletin should contact the Legal Division at (512) B. Status of Pending Cases The status of all pending cases listed in Section 3 of this Bulletin is for informational purposes only and is complete up to the time of printing of this Bulletin. For a more accurate status of pending cases, please call the Legal Division at (512)