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HomeMy WebLinkAboutINS-12-065 - Gas Rates Redesign - Delivery & TransportationREPORT TO:Finance & Corporate Services Committee DATE OF MEETING: October 15, 2012 SUBMITTED BY: Walter J. Malcolm, Director of Utilities, x4538 PREPARED BY: Jim Gruenbauer, Manager, Regulatory Affairs & Supply, x4255 WARD(S) INVOLVED: All DATE OF REPORT: October 10, 2012 REPORT NO.: INS-12-065 SUBJECT: Gas Rates Redesign – Delivery & Transportation RECOMMENDATION: For Information Only. Note: The changes in the methods used to set gas rates as described in this report are intended to align with principles adopted by regulatory authorities such as the Ontario Energy Board (OEB). Any implementation of these rate design changes is subject to approval by Council. This will occur in its pending reviews of the annual operating budget and subsequent proposals to change gas rates. Due to the technical nature of this report, a Glossary of Terms and Market Schematic are attached. EXECUTIVE SUMMARY: Effective November 1, 2012, Kitchener Utilities (KU) will no longer hold any TransCanada Pipelines Limited (TCPL) long haul contracts to transport gas from Alberta to Ontario. Accordingly, the rate for gas transportation approved by Council should no longer be based on TCPL tolls. Similar to the supply of gas, the transportation of gas must be operated on a not- for-profit basis to align with OEB approved rate-making principles. The surplus of gas transportation revenues over costs on a planned basis must be eliminated. This will reduce the regulatory risk of the OEB asserting direct control over KU gas rates and significantly and permanently reducing the annual utility earnings and dividends to the City. Under a modified cost of service approach to rate-setting, KU’s local gas delivery rates must increase. This will preserve overall utility revenues and fully recover KU costs of service, including earnings and a fixed dividend to the City. This adjustment in gas delivery rates will drive earnings that are at the upper limit for comparable utilities whose rates are regulated by authorities such as the OEB. Further increases to KU utility earnings and dividends are not considered defensible. However, over time, the portion of gas delivery revenues derived from fixed charges should increase to match and fully recover KU largely fixed costs of service (including profit for reinvestment and a fixed dividend). This will reduce seasonal weather- related revenue risk. These changes can be phased-in with corresponding decreases in the variable delivery charges to yield neutral annual customer bill impacts from the rate redesign. ë ó ï BACKGROUND: Current Rate Design - Overview Under current Provincial legislation, the gas rates of KU are not regulated by the OEB, but set by City Council. For more than a decade, the gas rates for transportation and delivery as approved by Council and charged by KU have been based on the regulated rates of other utilities. The gas transportation rate is currently based on the National Energy Board (NEB) approved toll for long haul firm transportation from Alberta to Ontario on the TCPL system. Gas delivery rates are currently based on the OEB approved rates for Union Gas Limited (UGL) in the Southern Ontario Area, which is adjacent to Kitchener. An important rate-making principle to which the City has adhered over the years is that there should be no ongoing cross-subsidization between the services provided by KU to its customers. In an increasingly competitive marketplace, this principle levels the playing field for participants. It has also been supported by the City’s external auditors and reflected in the presentation of segmented utility financial information to demonstrate to readers that operating cross-subsidies do not exist. While using the regulated rates of other utilities have served Kitchener and its ratepayers well in the past, they have become less relevant due to major changes in the gas market. In addition, in a challenging and ever-changing municipal funding environment, there is an increased need for budget transparency, and stable revenues and sustainable earnings from KU as a strategic City enterprise. The need for earnings stability has raised questions about the continued use and relative merits of the regulated rates of other utilities to set the gas rates for transportation and delivery services to KU’s customers. REPORT: Gas Transportation In the late 1990’s, when KU began to actively manage its own gas commodity purchases, all of the gas supply was transported from Alberta to Ontario on the TCPL system. At that time, the TCPL toll was $ 0.936 per GJ (3.529 cents per m3). The current approved interim long haul toll for TCPL is $ 2.243 per GJ (8.465 cents per m3). This toll has increased by about 90% over the 1 past several years due to declining volumes shipped on the TCPL system. As TCPL tolls have increased sharply overtime relative to cheaper alternatives, KU has reduced its contracted levels of long haul transportation with TCPL. Please refer to Figure 1 below. 1 The approved final long haul toll for 2009 was $ 1.19 per GJ (4.491 cents per m3). TCPL requested an interim toll for 2012 of $ 2.45 per GJ (9.246 cents per m3) which was denied by the NEB. ë ó î FIGURE 1 – TCPL Contracts Held by KU & Approved Tolls Effective November 1, 2012, KU will no longer hold any long haul transportation contracts with TCPL. Gas supplies sourced in Western Canada will be transported to Ontario using far less expensive purchased services from KU’s diversified portfolio of approved suppliers. The rate currently charged to KU customers for transportation of gas is 6.182 cents per m3. This rate has been held constant since July 1, 2010 to avoid the subsequent sharp increases in the TCPL toll as noted above. The rate has been more than sufficient to recover the underlying average cost of transportation. The surplus between KU’s gas transportation revenues (based on TCPL tolls) and costs (based on declining levels of TCPL contracts) has been significant and generally trending higher to its current level of about $ 4 million annually. This trend, in fact, is opposite to expectations when Council approved the use of the approved TCPL toll to set KU transportation rate and KU was empowered to seek lower cost alternatives to TCPL. It was initially expected that the surplus (“transportation benefit”) would diminish over time as TCPL tolls and alternative means of transporting gas to Ontario became more competitive. Instead, TCPL tolls have become increasingly uncompetitive over time. It is no longer relevant or appropriate to use the TCPL toll to set the KU gas transportation rate. ë ó í Indeed, the ongoing generation and retention of a surplus between gas transportation revenues and costs is contrary to the legacy rate-setting methodology approved by the OEB. The transportation of gas from supply sources to Ontario is treated on a “pass-through” basis for OEB rate-regulated utilities, similar to the commodity purchase and resale of gas. The average forecast cost of transportation is recovered in rates, with subsequent adjustments to “true-up” any differences between amounts collected in rates and actual costs incurred. Transportation of gas is thereby operated on a break-even / flow-through basis. In order to reduce the regulatory risk of the OEB asserting direct control over KU rates, KU must adopt a similar “pass through” approach to set its gas transportation rate. Failure to do so runs the risk of a significant and permanently imposed reduction in KU annual utility earnings and dividends to the City. However, this approach is subject to making offsetting adjustments to local gas delivery rates that are necessary to preserve overall utility revenues and to stabilize earnings, as discussed further in the following section. Gas Delivery With Council’s approval, KU adopted the customer rate classifications and gas delivery rates for UGL as regularly reviewed and approved by the OEB. This approach provided comparable rates with municipalities adjacent to Kitchener served by UGL such as Waterloo and Cambridge. It also provided a form of indirect (and therefore less costly or burdensome) 2 regulation by the OEB of KU’s gas delivery rates. While comparable in principle and theory, in structure and practice, KU is quite different from UGL. Both utilities are monopoly distributors of natural gas in their service areas. However, KU is municipally-owned. Its customers also own the utility. This is not the case for UGL, a much larger gas utility, which is privately owned by a foreign corporate shareholder (Spectra Energy). Moreover, UGL is an integrated gas utility, with assets that provide gas storage, transmission and distribution services to customers in Ontario and beyond. Importantly, by virtue of its corporate ownership structure, UGL has ready access to broad financial markets to fund its operating and capital programs that maintain and expand its utility system. KU’s access to capital is constrained by the City’s municipal finance and budget framework. These structural attributes drive significant differences in the costs incurred by each utility to provide service. In textbook terms, KU does not enjoy the “economies of scale and scope” that UGL does. KU does enjoy some cost advantages due to its municipal ownership within the current legislative framework. These advantages relate primarily to income and property taxes, regulatory oversight and financial reporting. However, the City’s past practice with municipally owned enterprises has been to include a notional value of property and income taxes in their cost structure to maintain a level playing field for other market participants. UGL’s rates for gas supply, transportation and delivery are regulated by the OEB. UGL’s profit comes from the delivery of gas to customers, not from the commodity purchase and resale of gas or the transportation of gas from supply sources to Ontario. Gas delivery rates are based on an OEB approved “cost of service” methodology applied to UGL’s forecast of operations for the upcoming year. Utility cost of service includes all annual operating, maintenance, general 2 It is noteworthy that, prior to 1998 when KU “unbundled” its gas rates into separate services and began to actively manage its own gas commodity purchases, the gas rates charged to KU customers were identical to those approved by the OEB for UGL. ë ó ì and administrative expenses, and earnings to fund capital expenditures and provide an allowed return on debt and equity (profit including dividend) to the shareholder. The allowed return is strictly based on a formula with no discretion in how it applies. This approach to setting gas delivery rates for UGL has been used by the OEB for many years. Under a modified cost of service approach to rate-setting, KU’s gas delivery rates must increase. This will preserve overall utility revenues and fully recover KU costs of service, including earnings and a fixed dividend to the City as a municipal enterprise. However, this adjustment in gas delivery rates will drive earnings that are at the upper limit for comparable 3 utilities whose rates are regulated by authorities such as the OEB. Further increases to KU utility earnings and dividends are not considered defensible. Similar to UGL, the costs incurred by KU to provide monopoly delivery service to KU customers are largely fixed, especially for the upcoming budget year (due to collective bargaining agreements for labour and other service contracts that are necessary for utility operations). However, the monthly and seasonal gas volumes delivered to customers are heavily influenced by weather due to the predominance of gas use for space heating purposes. This variability and volumetric weather risk impacts KU more so than UGL. This is due to KU’s relative lack of sizable non-seasonal industrial gas use to balance the seasonal swings in residential and commercial gas use. In order to predictably recover KU’s fixed costs of service (including profit for reinvestment and a fixed dividend to the City), KU budgeted delivery revenues from fixed charges should be closely matched. This will reduce seasonal weather-related revenue risk. The prudent rate-making principle of matching fixed costs of service (including the municipal funding requirements of KU) with fixed revenues will stabilize and sustain utility revenues and earnings. Changes to fixed charges can be phased-in with corresponding decreases in the variable delivery charges to yield relatively neutral annual customer bill impacts from the rate redesign. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Theme: Financial Management Strategic Direction: Ensure responsible use of public funds within a supportive policy framework. The rates charged to customers in Kitchener for the transportation and delivery of natural gas should transparently recover the full costs incurred by Utilities Division. The methodology used to set Kitchener’s rates should be fairly consistent with the utility cost of service methodology approved by regulatory bodies such as the OEB, while adhering to the municipal finance and budget framework in which Utilities Division must operate. 3 The rate of return is calculated based on a modified cost of service model with the notional value of income and property taxes added to the utility dividend consistent with the basis of calculation for the dividend from the City’s golf enterprise, to ensure a “level playing field” with private sector competitors. ë ó ë FINANCIAL IMPLICATIONS: For 2013, changes in rates to align with appropriate rate-making principles are designed to be neutral for KU’s system gas customers. These represent the large majority of customers served by KU. Direct purchase customers of KU (mostly commercial and industrial) would face an increase in delivery rates in the range of 6% to 22%. Further rate changes will be implemented carefully to minimize any large unfavourable impacts on annual customer bills. Any increase in delivery rates, if and as subsequently approved and implemented, would impact only a portion (typically less than one-third) of the total annual bill for commercial and industrial customers. UGL currently has an application before the OEB to increase its gas delivery rates, effective January 1, 2013. If approved, its comparable delivery rates would increase by about 5% to 13%. If KU continues its legacy rate-making approach to adopt UGL’s OEB-approved delivery rates, then this increase would presumably apply to customers in Kitchener in 2013. In other words, there would be little difference in the gas delivery rates charged to most KU customers in 2013 as a result of the change in rate-making approach as set out in this report. The charts below display the neutral impact of the changes in rates to align with appropriate rate-making principles for an average residential system gas customer of KU in 2013. ë ó ê Page 7 of 7 COMMUNITY ENGAGEMENT: Public notice of the implementation of gas rate changes will be provided through local media prior to any approval by Council as per normal practice. CONCLUSION: While using the regulated rates of other utilities to set KU gas rates have served Kitchener and its ratepayers well in the past, there is a compelling need for change. It makes little or no sense to continue to use the TCPL toll to set KU’s gas transportation rate when KU no longer holds any contracts with TCPL to transport gas from Alberta to Ontario. Moreover, use of the TCPL toll to set the KU transportation rate generates excess revenue, which cannot be supported by rate-making principles used by regulatory authorities such as the OEB. To continue to generate excess revenue from gas transportation risks the OEB asserting direct control over KU gas rates. This may significantly and permanently reduce KU overall utility earnings and dividends to the detriment of the City and ratepayers. The rate design for gas transportation and delivery should be changed to reduce regulatory and financial risks in a measured way that also recognizes the dual role of KU as a utility and a strategically beneficial municipal enterprise. Rate design changes can be phased-in and managed carefully to yield relatively neutral annual bill impacts for most customers. ACKNOWLEDGED BY: Jim Witmer, Interim Deputy CAO, Infrastructure Services ë ó é ë ó è Report to Finance Committee – Gas Rates Redesign Glossary of Key Terms Cost of Service: The total annual costs incurred by a utility, which must be recovered in its rates. It is also referred to as revenue requirement, which includes cost of goods sold, operating, maintenance and administration expenses,depreciation and amortization expense, property, capital and income tax expenses, and cost of capital. Cost of capital includes interest on debt and allowed return on investment (return on rate base – see below) to shareholders. Direct Purchase Customers: End use customers of the gas utility that arrange for gas supply and transportation at their own cost and risk. The utility only provides gas delivery service to these customers. Fixed Costs: Certain costs which in the aggregate do not vary in amount regardless of the quantity of gas sold or transported. Fixed Revenues / Charges: The fixed revenue generated from daily or monthly fixed charges for maintaining secure delivery of natural gas to end use locations. Gas Delivery: The provision of gas to customers at their home or business as required (on demand) on an hourly, daily, seasonal, and annual basis. Gas Storage: Gas is often stored underground inside depleted gas producing reservoirs, salt domes, or in tanks as liquefied natural gas. The gas is injected in times of low customer demand and withdrawn when demand picks up. Storage helps the utility to economically balance the varying daily, monthly, and seasonal swings in gas demand by customers with more stable receipts of gas supplies from transportation pipelines. Gas Supply Rate: The rate charged to system gas customers (see below) for natural gas commodity, fuel, and administration. Gas Transportation Rate: The rate charged to system gas customers (see below) for bringing natural gas to Ontario from producing basins in Alberta. Long Haul Transportation: On the TCPL Canadian Mainline system (see below), this refers to transportation of gas from Alberta to Ontario. National Energy Board (NEB): The Canadian federal regulatory body, which oversees inter-provincial natural gas policy and regulates the rates of transmission pipelines. Ontario Energy Board (OEB): A provincial regulatory tribunal, which regulates the natural gas and electricity distribution utilities, pipelines, and marketers in ë ó ç Ontario. The OEB also provides advice on energy matters referred to it by the Government of Ontario. Rate Base: Utility rate base is comprised of the aggregate of plant and equipment at historical cost less accumulated depreciation plus an allowance for working capital. For rate-making purposes using a cost of service approach, this values the utility’s fixed assets needed to provide service at net book value. Rate of Return: In setting rates, the regulatory authority tries to strike a balance between the prices to be paid by customers and the rate of return which shareholders of the utility are allowed to earn on their equity investment. System Gas Customers: End use customers that receive gas supply and transportation from the utility, in addition to delivery services. TransCanada Pipelines Limited (TCPL): It owns and operates a system of natural gas pipelines, which carries gas through Alberta, Saskatchewan, Manitoba, Ontario, and Quebec. Transportation Benefit: The positive surplus between Kitchener Utilities (KU) gas transportation revenues (based on TCPL tolls) and costs (based on declining levels of TCPL contracts). Union Gas Limited (UGL): A major Canadian natural gas storage, transmission, and distribution company based in Chatham-Kent, Ontario. KU contracts with UGL for storage and transportation services inside Ontario. Variable Revenues: Revenue generated from volumetric quantities as actually delivered or used and billed to customers. ë ó ïð