SB 214 - This act modifies provisions relating to ratemaking for public utilities.
FUEL ADJUSTMENT CLAUSE (Section 386.266) - Currently, electrical corporations may make an application to the Public Service Commission to approve rate schedules authorizing an interim energy charge for fuel and purchased-power costs. Under this act, such rate schedules shall also provide for adjustments reflecting all transmission charges and transmission revenues.
This provision is similar to a provision contained in HB 628 (2017), SCS/SB 190 (2017), HB 2816 (2016), SCS/SB 1028 (2016), and SS/HCS/HB 2689 (2016).
MISSOURI ENERGY EFFICIENCY INVESTMENT ACT (Section 393.1075) - Currently, customers of electrical corporations that receive either a low-income housing or historic preservation tax credit are not eligible to participate in any demand-side program offered by an electrical corporation if such program offers a monetary incentive to the customer. This act repeals this provision.
This provision is substantially similar to a provision contained in SCS/SB 190 (2017), HB 648 (2017), CCS#2/HCS/SCS/SB 112 (2017), SB 412 (2017), SB 458 (2017), HB 2436 (2016), and SS/HCS/HB 2689 (2016).
AGRICULTURAL IMPACT MITIGATION AGREEMENTS (Section 393.1200) - This act authorizes the Missouri Department of Agriculture to enter into agricultural impact mitigation agreements with owners of electric transmission lines located on private property. The agreement may include certain features as set forth in this act. This provision shall not apply to municipal electric utilities, electrical corporations serving Missouri electric customers, rural electric cooperatives, or transmission projects approved by regional transmission organizations or certain agreements approved by the Federal Energy Regulatory Commission.
21ST CENTURY GRID MODERNIZATION AND SECURITY ACT (Sections 393.1500-393.1575) - This act establishes the 21st Century Grid Modernization and Security Act.
CAPITAL INVESTMENT PLAN & COMPETITIVE BIDDING (Section 393.1515) - This act requires electrical corporations to file with the Public Service Commission a 5-year capital investment plan on February 28th of each year if the electrical corporation participates in performance-based ratemaking authorized under this act. The plan shall also include a specific capital investment plan for the first year of the 5-year plan. Upon submitting such investment plan to the Public Service Commission, the electrical corporation shall hold a public stakeholder meeting to answer questions and receive feedback on the plan. After feedback is received, the electrical corporation may file a notice with the Commission to make modifications to the investment plan. The electrical corporation's investment plan shall be made publicly available under this act. Further, the submission of the plan shall not affect the Public Service Commission's authority to grant or deny any certificate of convenience and necessity.
In order to be eligible to participate in performance-based ratemaking, this act requires electrical corporations with more than 1 million customers to develop a qualification process for contractors seeking to provide construction services for distribution system projects. The electrical corporation may specify the eligibility requirements that the contractor shall meet in order to qualify to participate in the competitive bidding process. Under this act, the electrical corporation shall file a verified statement with the Public Service Commission stating that it has in place a pre-qualification process prior to becoming a participating electrical corporation. Any performance-based rate tariff filing thereafter shall be accompanied with a verified statement that the electrical corporation is using a competitive bidding process for installing no less than 10% of combined external installation expenditures in Missouri for construction services on distribution system projects. Nothing in this act shall require an electrical corporation to use a qualified contractor or competitive bidding process in the case of an emergency, or to terminate any existing contract prior to its expiration.
Under this act, the Public Service Commission shall prepare a report for the General Assembly annually, with the first report being submitted by December 31, 2019, on the process established under this act.
RETURN ON EQUITY (Section 393.1520) - Under this act, if an electrical corporation elects to participate in performance-based ratemaking, the electrical corporation's return on equity shall be set at 9.33%, adjusted to reflect the difference in U.S. Treasury Bond yields in the historical rate year and the first three months of 2016, with such difference adjusted by correlation factors set forth in this act. The electrical corporation's return on equity may then be decreased up to 0.20% in the electrical corporation's annual reconciliation based upon performance metrics set forth in this act. This act also gives the Public Service Commission the authority to replace any one of a participating electrical corporation's performance metrics by issuing a Commission order.
PERFORMANCE-BASED RATEMAKING (Section 393.1525) - Under this act, an electrical corporation may become a participating electrical corporation seeking to recover its cost of service through performance-based rate tariffs by filing such tariffs with the Public Service Commission. Under this act, an electrical corporation participating in performance-based ratemaking is referred to as a "participating electrical corporation". The Public Service Commission approving a participating electrical corporation's performance-based rate tariffs shall specify the cost and revenue components of rates, with specificity so that such rates may be updated annually to reflect the electrical corporation's cost of service. Further, the Public Service Commission may approve adjustments to such performance-based rate tariffs if the Commission finds that such tariffs do not meet legal requirements, or seek to recover imprudently incurred costs.
Under this act, electrical corporations serving more than 200,000 Missouri customers that recover fuel and purchased-power costs under the fuel adjustment clause shall instead recover such costs through its performance-based rate tariff. Participating electrical corporations serving less than 200,000 Missouri customers may continue to recover fuel and purchase power costs through the fuel adjustment clause without periodic general rate filings to retain such fuel adjustment clause until 5 years after the participating electrical corporation terminates its participation in performance-based ratemaking.
If a participating electrical corporation filed tariffs with the Public Service Commission prior to the effective date of this act, and the electrical corporation files performance-based ratemaking tariffs under this act, previous tariffs shall be withdrawn when the electrical corporation makes an initial performance-based rate tariff filing. Performance-based rate tariffs shall be applicable to all customers and shall adhere to requirements set forth in this act, including establishing the cost of service, reflecting the electrical corporation's year-end capital structure of not greater than 53% and not less than 47% total capitalization, including a cost of equity, and including certain ratemaking adjustments for the purpose of setting prospective rates and protocols for prospective termination of performance-based ratemaking. Certain ratemaking adjustments shall include recovery of regulatory assets and return of regulatory liabilities, recovery of amounts amortized under this act, establishment of rates based on actual billing determinants allowing the electrical corporation to use weather-normalized billing determinants, recovery of nuclear refueling costs, interest accrued on customer deposits, an estimate of revenue to be received to offset the participating electrical corporation's revenue requirement, recovery of any foregone margin as calculated in this act, allocation of common costs, adjustments to the electrical corporation's FERC Form 1 information as applicable, pension expense and other post-employment benefits, a 1% annual operating expense additive, closure of a generating plant, adjustments that reflect return on rate base, depreciation, and amortization expense and income taxes, adjustments necessary to correct errors in the FERC Form 1 or the proposed revenue requirement, and shall provide for annual reconciliations. Certain items shall be excluded from recovery under performance-based ratemaking, including expenses relating to lobbying, charitable donations, institutional advertising, incentive compensation, pass-through taxes, and imprudently incurred costs.
Upon a participating electrical corporation's initial performance-based rate tariff filing, the Public Service Commission shall initiate a docket to review such filing. The Public Service Commission shall enter an order approving, or approving as modified, such tariff within 244 days, except if an electrical corporation makes its first performance-based rate tariff filing after April 1 but before May 1, the Commission shall expedite such filing to ensure that rates are in effect by the following January 1. The Public Service Commission may approve adjustments to the tariff only upon finding that the filed performance-based tariffs do not meet the requirements of this act, or that such tariffs seek to recover imprudently incurred costs. Once an electrical corporation's performance-based rate tariffs are approved, they shall be updated annually, and such rates shall not be adjusted without approval by the Public Service Commission.
If, prior to becoming a participating electrical corporation, an electrical corporation's rates set in its most recently concluded general rate proceeding are not based on the average and excess methodology, the electrical corporation's revenue requirement under performance-based ratemaking shall limit increases to customers in the large power service rate schedule to no more than the class cost of service. Further, under this act, electrical corporations shall adhere to certain rate design requirements for its large power service rate schedule customers. After calculating the impact of large power service rate schedules, any difference in large power service customers' revenue determination shall be allocated to all other customer classes equally.
This act also requires electrical corporations to make available an economic development rider to its large power service rate schedule customers. For existing large power service customers that added at least 500 kilowatts after November 1, 2015, and have a demand at a single premises greater than 15 megawatts and a load factor of at least 55%, or an aggregate demand of 30 megawatts at up to 5 separate premises, such customer shall qualify for a 20% discount. For any new customer with demand greater than 15 megawatts and an annual load factor of at least 55%, such customer shall also qualify for a 20% discount. For any existing customer that added at least 500 kilowatts on or prior to November 1, 2015, are being served by an existing economic development rider, and have a demand at a single premises greater than 15 megawatts and a load factor of at least 55%, or an aggregate demand of 30 megawatts at up to 5 separate premises, such customer shall qualify for a 20% discount. All economic development riders made available under this act shall expire upon either the large power service customer reducing their demand threshold to no longer qualify for the rider, or upon 120 billing periods. Under this act, any reduced revenues due to the discounts provided shall be borne by the electrical corporation's customer classes other than its large power service customer class.
This act also requires participating electrical corporations to make available a Senior Assistance Fair Energy (SAFE) rate to all residential customers. Any customer granted a SAFE rate shall not have their electric utility rate increase by more than the same percent allocated in the cost of living adjustment for Social Security for any given year. If no cost of living adjustment is provided under Social Security for any given year, such customers' rates shall not increase for that year. This act also sets forth the qualifications for a customer to be granted a SAFE rate, including that the customer be 67 years old and under 200% of the federal poverty guidelines. Any costs not recovered due to the SAFE rate shall be borne by all other customer classes equally.
ANNUAL UPDATE FILINGS (Section 393.1530) - On or before May 1 after the first year an electrical corporation elects to use performance-based ratemaking, and annually thereafter, a participating electrical corporation shall make an annual filing with the Public Service Commission to update cost inputs in order to establish performance-based rates for the upcoming rate year. The annual update filing shall include a reconciliation of the cost of service based upon a historical rate year, performance-related rate adjustments, an updated revenue requirement based upon the results of the revenue test set forth in this act, an updated return on equity, and shall be subject to revenue requirement increase limitations set forth in this act. The annual update filing shall also include supporting prefiled direct testimony and exhibits offered by the participating electrical corporation. The annual update filing rates shall take effect January 1 of the year after the filing has been made.
This act sets forth guidelines for a Public Service Commission proceeding in which the Commission is reviewing a participating electrical corporation's annual update filing. Under this act, the Commission shall have the authority to review the prudence of actual costs incurred used in the reconciliation of cost of service, the authority to make adjustments necessary to correct accounting mistakes and errors that may appear in the FERC Form 1 or proposed revenue requirement, and the authority to hear evidence concerning prudence of actual cost of service and the accuracy of revenue requirement calculations. Further, the Commission may hold an evidentiary hearing and approve adjustments in certain cases. In any annual update filing proceeding, the Commission shall enter its order 210 days after the electrical corporation's filing, or December 1, with rates being effective on the first billing day of the calendar year after the calendar year in which the filing was made. This act also requires the Public Service Commission to establish a procedural schedule for annual update filing proceedings and other testimony set forth in this act.
The rates approved by the Commission shall be final upon the Commission ordering approval of updated rates, and such rates shall be final and not subject to reexamination, provided that this act shall not prohibit a party from seeking judicial review in an appellate court or a Public Service Commission rehearing. Further, performance-based rate tariffs approved in an annual update filing shall provide for equal percentage changes in customer rates until a new rate design is approved by the Commission.
5 YEAR FILING (Section 393.1535) - Under this act, a participating electrical corporation shall make a filing with the Public Service Commission within 5 years of initially filing a performance-based rate tariff that either proposes revenue-neutral rate design changes or to leave rate design unchanged. If the electrical corporation proposes a revenue-neutral rate design change, the participating electrical corporation shall rely on certain methodology for the allocation of fixed production related costs for customers taking service under the large power service rate schedule. If the electrical corporation proposes no change to rate design, it shall report the results of an embedded class costs of service study as set forth in this act. All changes shall be implemented prospectively, and implemented at the same time new annual rates are made effective. Further, this act provides that if rate design changes are approved, but cannot be implemented due to termination on behalf of a participating electrical corporation or due to the expiration of this act, the Commission may implement rate design changes upon the conclusion of the electrical corporation's first general rate proceeding occurring after termination. Under this act, a participating electrical corporation may submit a depreciation study for approval at any time, but shall submit such study no later than the time that it submits proposed rate design changes or proposes to leave rate design unchanged. If approved, revised depreciation rates shall be used to set rates prospectively under the participating electrical corporation's annual update filing.
PERFORMANCE-BASED RATE LIMITATIONS (Section 393.1540) - Under this act, performance-based rates shall be subject to both an annual increase limit and an average annual increase limit in determining revenue requirement increases for all customers. Annual percentage increases shall be calculated as set forth in this act. Such limits shall be filed by the participating electrical corporation annually with the Commission in its annual update filing. Annual increases shall be limited to no more than 1% and 3% for the first 2 rate adjustments, respectively, and thereafter the annual increase limit shall be 4.5%. Additionally, the average annual increase over the duration of the participating electrical corporation performance-based rate tariff shall not exceed 3.15%, compounded annually. For participating electrical corporations with less than 200,000 Missouri customers, net fuel and purchased-power shall not be included in the calculation of the average annual rate increase limitation.
The electrical corporation shall analyze, in its initial performance-based rate tariff and annual update filings, whether the revenue requirement increase proposed will exceed increase limitations set forth in this act. Under this act, if the limitation will be exceeded, the participating electrical corporation shall reduce the revenue requirement in an amount sufficient to bring any increase within the limitations allowable under this act. Further, under this act, certain exclusions shall apply to the calculation of any annual revenue requirement increase limitation including all compliance costs or any foregone wholesale power sales or off-system power sales as a result of federal and state environmental regulations, all costs to comply with federal or state renewable energy mandates, charges associated with the Missouri Energy Efficiency Investment Act including provision for the financial impact of sales reductions attributable to energy efficiency programs, variability in revenue and fuel and purchased-power costs due to weather, local add-on taxes or franchise fees, and amounts associated with force majeure events as defined in this act. Such federal or state renewable energy mandate exclusions shall not apply to any electrical corporation serving more than 1 million customers if during the period that the electrical corporation is a participating electrical corporation capital costs are equal to 9% of the electrical corporation's net plant in service, or for electrical corporations with less than 1 million customers, capital costs are equal to 5% net plant in service. For electrical corporations with less than 200,000 customers, certain exclusions shall apply to the calculation of any annual revenue requirement increase limitation, including fuel adjustment clause costs and costs incurred to build or acquire renewable energy resources.
Under this act, any amount excluded from rates due to limitations set forth under this act shall be carried forward with interest at the participating electrical corporation's short-term borrowing rate. Any amount carried forward shall not exceed 4.5% of the revenue requirement used to set the participating electrical corporation's performance-based rates in the last year in which performance-based ratemaking applies.
SUSPENSION OF RATE ADJUSTMENT MECHANISMS (Section 393.1545) - Under this act, the fuel and purchased-power rate adjustment mechanism shall be suspended upon an electrical corporation's initial performance-based rate tariff filing. However, such rate adjustment mechanism shall survive until any costs and revenues accumulated prior to the electrical corporation's initial performance-based rate tariff filing are fully recovered over a transition period of not more than 24 months. After the transition period ends, any remaining costs or revenues shall be included in the electrical corporation's annual update filing reconciliation balance. If an electrical corporation withdraws its performance-based rate tariffs, the accumulation periods shall resume and shall include any net fuel and purchased-power costs that would have otherwise been accumulated, and shall be reconciled to actual expenses incurred for the same period. Under this act, any costs that were previously recovered under any rate adjustment mechanism shall be 100% incorporated in performance-based rates.
Regulatory trackers adopted in the participating electrical corporation's most recently concluded general rate proceeding with respect to pension expense and other post-employment benefits shall continue to be recognized for ratemaking purposes in performance-based ratemaking. Under this act, all other regulatory trackers shall be suspended with the electrical corporation's initial performance-based rate tariff filing. All costs and revenues that would have been included in such trackers shall be included in the determination of the electrical corporation's cost of service under performance-based ratemaking. Upon termination of performance-based rate tariffs, such regulatory trackers and rate adjustment mechanisms shall be automatically reactivated.
DEFERRAL AND AMORTIZATION (Section 393.1550) - Under this act, a participating electrical corporation may petition the Public Service Commission to allow for deferral and amortization of any significant balance or amount over a period not to exceed 5 years to prevent unnecessary rate volatility; provided that the electrical corporation can show that such deferral and amortization is significant and would cause rate volatility. Any deferral or amortization shall include carrying costs equal to the participating electrical corporation’s weighted average cost of capital. The Public Service Commission shall grant or deny the request within 120 days, but shall grant such request if the participating electrical corporation can prove that, absent amortization being granted, the amount would increase or decrease their annual revenue requirement by greater than 1%.
RULEMAKING, CORPORATE OWNERSHIP, CHANGES TO PERFORMANCE-BASED RATE STRUCTURE, CONSUMER COMPLAINTS, NEW SERVICES, & COMMISSION AUTHORITY (Section 393.1555) - Under this act, the ability of an electrical corporation to file a performance-based rate tariff shall be allowed regardless of whether the Public Service Commission has enacted any rules relating to such rate tariffs. A failure by the Commission to act on any tariff, rate, or regulatory relief requested within the timelines set forth shall result in such tariff, rate, or relief becoming effective.
Under this act, if a participating electrical corporation is acquired, merged, or is subject to a change in ownership, performance-based rate tariffs shall remain in effect. Further, nothing in this act shall restrict an individual consumer from filing a complaint with the Public Service Commission.
Under this act, a participating electrical corporation shall be permitted to propose changes to the performance-based rate structure. Further, such participating electrical corporation shall also be permitted to request approval of a new service or tariff and associated rate schedules. The Public Service Commission shall have the authority to review or investigate a participating electrical corporation's performance-based rate tariff in order to ensure that the tariff is operating to provide just and reasonable recovery of only prudently incurred costs. Further, the Public Service Commission shall retain its existing authority to hold public hearings seeking comment from members of the public concerning any change in tariff rates and services proposed by a participating electrical corporation.
TERMINATION OF PERFORMANCE-BASED RATES (Section 393.1560) - Under this act, performance-based rates shall continue in effect after the last year that they apply, and they shall be changed on January 1 of the year following the last year that they apply through the annual update filing in order to exclude reconciliation balances and carry forward amounts that have been recovered, and to include reconciliation balances and carry forward amounts from the year prior to the last year that performance-based rate tariffs are in effect. If any adjustment to rates under this provision produces a reduction in rates compared to the previous year, the reduction shall be reflected in the rates but if such adjustment produces an increase in rates, the increase shall not exceed 4.5% of the participating electrical corporation's revenue requirement used to set rates in the previous year. Such performance-based rates shall terminate when superseded by rates set in a general rate proceeding.
If performance-based rates have not been superseded by rates set in a general rate proceeding, such rates shall be changed on January 1 of the second year after a participating electrical corporation's performance-based rate tariffs apply to exclude reconciliation balances and carry forward amounts that have been recovered, and to include reconciliation balances from the year prior to the last year that performance-based rate tariffs are in effect. All reconciliation balances arising from the last 2 years to which performance-based rate tariffs apply shall include interest at the participating electrical corporation's short-term borrowing rate. Amounts excluded from rates due to increase limitations set forth in this act shall be carried forward to be recovered in the year following the last year that performance-based rate tariffs apply. If any adjustment to rates under this provision produces a reduction in rates compared to the previous year, the reduction shall be reflected in the rates but if such adjustment produces an increase in rates, the rate shall not change.
A participating electrical corporation may file a general rate proceeding to implement new rates, with such new rates superseding any performance-based rates. However, the regulatory asset or liability associated with any reconciliation balances or carry forward amounts shall be recovered or credited through a surcharge or credit on customer bills over a period of 24 months.
Under this act, any participating electrical corporation that had suspended its fuel adjustment clause shall reinstate such clause after termination of performance-based rate tariffs. Any participating electrical corporation whose fuel adjustment clause is reinstated shall be relieved of the obligation to make a general rate proceeding filing every 4 years, and instead shall be required to file a general rate proceeding no later than 4 years after the last year that performance-based ratemaking applied.
PUBLIC SERVICE COMMISSION REPORT (Section 393.1565) - This act requires the Public Service Commission to prepare and file with the General Assembly a report on the impact of performance-based rates by December 31, 2024.
PUBLIC SERVICE COMMISSION RULEMAKING AUTHORITY (Section 393.1570) - This act gives the Public Service Commission the authority to promulgate rules to implement the 21st Century Grid Modernization and Security Act.
EXPIRATION PROVISIONS (Section 393.1575) - If a participating electrical corporation elects to not file performance-based rates, such corporation shall notify the Public Service Commission 12 months prior to termination. Once notice is filed with the Commission, such corporation shall not be able to reinstate performance-based ratemaking by filing such tariffs with the Commission. Under this act, no electrical corporation shall become a participating electrical corporation after December 31, 2026, and no participating electrical corporation shall file a performance-based rate tariff annual update after May 1, 2028. The 21st Century Grid Modernization and Security Act will expire on December 31, 2029.
This act contains a non-severability clause for certain sections.
This act is similar to SCS/SB 1028 (2016) and SS/HCS/HB 2689 (2016).