Commitments and Contingencies | COMMITMENTS AND CONTINGENCIES Contractual Obligations Washington Gas has certain contractual obligations incurred in the normal course of business that require fixed and determinable payments in the future. These commitments include long-term debt, lease obligations, unconditional purchase obligations for pipeline capacity, transportation and storage services, and our commitments related to the business process outsourcing program. For our contractual obligations, refer to Note 12 - Commitments and Contingencies to the Financial Statements in Form 10-K T for the Transition Period from October 1, 2018 to December 31, 2018. Refer to Note 6- Long-term Debt of the Notes to Condensed Financial Statements for long term debt issued during the current period. There were no other significant changes to contractual obligations that are out of the normal course of business during the nine months ended September 30, 2019 . Silver Spring, Maryland Incident On April 23, 2019, the National Transportation and Safety Board (NTSB) held a hearing during which it found, among other things, that the probable cause of the August 10, 2016, explosion and fire at an apartment complex on Arliss Street in Silver Spring, Maryland “was the failure of an indoor mercury service regulator with an unconnected vent line that allowed natural gas into the meter room where it accumulated and ignited from an unknown ignition source. Contributing to the accident was the location of the mercury service regulators where leak detection by odor was not readily available.” Washington Gas disagrees with the NTSB’s probable cause findings. Following this hearing, on June 10, 2019, the NTSB issued an accident report. In connection with the incident, a total of 37 civil actions related to the incident have been filed and are pending against WGL and Washington Gas in the Circuit Court for Montgomery County, Maryland. All cases have been consolidated for discovery purposes. All of these suits seek unspecified damages for personal injury and/or property damage. A trial date for eight bellwether civil actions has been scheduled for December 2, 2019. In addition, two suits were recently filed related to the incident, one each in the Superior Court for the District of Columbia and one in the Circuit Court of Montgomery County, Maryland. At this stage of the litigation, the outcome is not yet determinable and management is unable to make an estimate of any potential loss or range of potential losses that are reasonably possible of occurring. As a result, management has only recorded a reserve for a few of the actions for which a settlement offer was made. Washington Gas maintains excess liability insurance coverage from highly-rated insurers, subject to a nominal self-insured retention. Washington Gas believes that this coverage will be sufficient to cover any significant liability that may result from this incident. Regulatory Contingencies Certain legal and administrative proceedings incidental to our business, including regulatory contingencies, involve Washington Gas. In our opinion, we have recorded an adequate provision for probable losses or refunds to customers for regulatory contingencies related to these proceedings. Merger Commitments In connection with the Merger, AltaGas and WGL made commitments related to the terms of the Public Service Commission of the District of Columbia (PSC of DC) settlement agreement and the conditions of approval from the Public Service Commission of Maryland (PSC of MD) and the State Corporation Commission of Virginia ( SCC of VA). Among other things, these commitments include rate credits distributable to both residential and non-residential customers, gas expansion and other programs, various public interest commitments, and safety programs. The cumulative amount expensed as of September 30, 2019 was $ 136.6 million , of which $ 118.7 million has been paid, including $ 1.1 million and $7.6 million paid in the three a nd nine months ended September 30, 2019 , respectively. In March 2019, the PSC of MD directed that the $ 3.9 million Most Favored Nation adjustment, originally recorded as a commitment expense, should be used to offset future rates under Washington Gas’ natural gas expansion program in Maryland. As a result, Washington Gas reversed the commitment expense in the first quarter of 2019. Further, there are additional regulatory commitments that will be recorded when the costs are incurred in the future, including the hiring of damage prevention trainers in each jurisdiction for a total amount of $ 2.4 million over 5 years; investing up to $ 70.0 million over a 10 year period to further extend natural gas service; and spending $ 7.5 million for leak mitigation within three years of the Merger close . Application for Approval of Reduction of Distribution Rates On January 12, 2018, Washington Gas filed applications to reduce customer rates in Maryland, Virginia, and the District of Columbia to reflect the impact of the Tax Act, including both the impact of the re-measurement of deferred tax assets and liabilities and reduction of the federal tax rate to 21%. Washington Gas began tracking the impact of the Tax Act on revenue requirements beginning January 1, 2018, recording all impacts to regulatory assets and liabilities. In Maryland and the District of Columbia, rates have been adjusted for the impact of the Tax Act. In Virginia, the SCC of VA dismissed the application on March 15, 2018. Washington Gas filed a new general rate case on July 31, 2018 incorporating the effects of the Tax Act. On September 16, 2019, the Hearing Examiner (HE) issued a report to the SCC of VA recommending the Company increase its liability balance for the Tax Act to $35.4 million and for it t o be refunded to customers in a one - time sur-credit. Accordingly, a t September 30, 2019, Washington G as recorded an $18.9 million adjustment to the liability and will refund the credits after the SCC of VA’s final order is issued. See the discussion below f or a further discussion of the HE ’s r eport. Virginia Jurisdiction Virginia Rate Case. On July 31, 2018, Washington Gas filed an application with the SCC of VA to increase its base rates for natural gas service by $ 37.6 million , which includes $ 14.7 million of revenue associated with natural gas pipeline replacement initiatives previously approved by the SCC of VA and paid by customers through a monthly rider. Additionally, the requested revenue increase incorporated the effects of The Tax Act. Interim rates became effective, subject to refund, for usage in the January 2019 billing cycle. On April 12, 2019, Washington Gas filed rebuttal testimony and revised its original return on equity down from 10.6% to 10.3% and its overall rate of return down from 7.94% to 7.81% . Evidentiary hearings were held on April 30 and May 1, 2019. Post hearing briefs were filed on July 3, 2019. On September 16, 2019, the HE issued a report to the SCC of VA which recommended among other things: (i) no increase in base rate revenue; (ii) a return on equity of 9.2% compared to the current authorized return on equity rate of 9.5% ; (iii) unprotected plant-related and non-plant-related excess deferred income tax should be amortized as a reduction in rates over 5 years compared to amortizing using Average Rate Assumption Method (ARAM) and over 15 years, respectively; (iv) refund $5.6 million to customers for tax savings related to the October 2017 to December 2017 period as part of the Tax Act savings owed to customer, and (v) write off a $7.1 million regulatory asset related to flowthrough income taxes that the company had recovered previously flowed through depreciation income tax deductions via the SAVE rider. For the nine months ended September 30, 2019, Washington Gas made the following pre-tax adjustments based on the HE’s recommendations: (i ) reduced “Operating revenues-Utility” by $7.6 million to accrue additional amounts of liability subject to refund; (ii) reduced “Operating revenues-Utility” by $13.3 million associated with the revised amortization of the Tax Act liability; and (iii) wrote off $2.0 million in “Regulatory Assets - Other” and charged to “Operation and maintenance” expense. Additionally, the Company reduced income tax expense by $11.8 million related to the amortization of excess deferred income tax, and recorded a $5.5 million after-tax impairment of a tax regulatory asset related to flowthrough income taxes. Reply comments on the HE’s report were filed by Washington Gas on October 21, 2019. Washington Gas filed reply comments challenging eleven recommendations contained in the HE’s report, including some of the items highlighted above, where the bases for the findings either disregard or are contrary to the substantial evidentiary record. Maryland Jurisdiction Maryland Show-Cause Order. On September 5, 2019, the PSC of MD ordered the Company, within 30 days, to (i) provide a detailed response to the NTSB’s probable cause findings, and (ii) provide evidence regarding the status of a 2003 mercury regulator replacement program, and if the program was not completed, to show cause why the Commission should not impose a civil penalty on the Company. On September 16, 2019, the PSC of MD granted the Company a 14-day extension to file its Response to the Show-Cause Order. On October 18, 2019, the Company filed its Response to the Show-Cause Order, (i) providing a detailed response to the NTSB’s probable cause findings and (ii) providing evidence regarding the status of a 2003 mercury regulator replacement program and why the Commission should not impose a civil penalty on the Company. The PSC of MD has not adopted a procedural schedule with respect to this matter but has indicated that it will schedule one public hearing near the apartment complex at Arliss Street. Given the early stage of the Show-Cause proceeding, the outcome is not yet determinable and management is unable to predict the likelihood of a civil penalty, or make an estimate of any potential civil penalty or range of potential civil penalty. Financial Guarantees At September 30, 2019 and December 31, 2018, there were no guarantees to external parties. Antero Contract In June 2019, a jury trial was held in the County Court for Denver, Colorado to consider a contractual dispute relating to gas pricing between Washington Gas and WGL Midstream (together, the Companies) and Antero Resources Corporation (Antero). Following the trial, the jury returned a verdict in favor of Antero for $95.9 million , of which $11.2 million was against Washington Gas, and $84.7 million against WGL Midstream. Following the official entry of the judgment, the Company filed an appeal on August 16, 2019. As a result of this verdict, it was determined that a loss contingency is probable and Washington Gas has recorded an estimated liability of $ 11.2 million in “Accounts payable and accrued liabilities” on the balance sheet as of September 30, 2019, of which $ 2.6 million had already been recorded in a prior period. Washington Gas has also recorded a receivable from our trading partner of $ 1.3 million net in “Accounts payable and accrued liabilities” and sharing with customers as the contract relates to asset optimization of $ 4.5 million in “Deferred charges and other assets - Gas costs”. In addition, Washington Gas has recorded an accrual for estimated court fees of $ 0.1 million , and an accrual of interest expense associated with the liability. For the nine months ending September 30, 2019, the net pre-tax loss recorded as a result of the verdict was $ 3.0 million in “Utility cost of gas” on Washington Gas’ statements of operations. Environmental Matters We are subject to federal, state and local laws and regulations related to environmental matters. These laws and regulations may require expenditures over a long time frame to control environmental effects. Almost all of the environmental liabilities we have recorded are for costs expected to be incurred to remediate sites where we or a predecessor affiliate operated manufactured gas plants (MGPs). Washington Gas has identified up to ten sites where it or its predecessors may have operated MGPs. Washington Gas last used any such plant in 1984. In connection with these operations, we are aware that coal tar and certain other by-products of the gas manufacturing process are present at or near some former sites and may be present at others. At September 30, 2019 and December 31, 2018 , Washington Gas reported a liability of $ 10.7 million and $ 11.3 million on an undiscounted basis related to future environmental response costs. These estimates principally include the minimum liabilities associated with a range of environmental response costs expected to be incurred. At September 30, 2019 and December 31, 2018 , Washington Gas estimated the maximum liability associated with all of its sites to be approximately $35.8 million and $ 29.4 million , respectively. The estimates were determined by Washington Gas’ environmental experts, based on experience in remediating MGP sites and advice from legal counsel and environmental consultants. The variation between the recorded and estimated maximum liability primarily results from differences in the number of years that will be required to perform environmental response processes and the extent of remediation that may be required. Washington Gas is currently remediating its East Station property, located in Washington D.C. adjacent to the Anacostia River, including ground water pump and treat, tar recovery, soil encapsulation and other treatment. Under a 2012 consent decree with the District of Columbia and the federal government, Washington Gas is also conducting a remedial investigation and feasibility study on an adjacent property owned by the District of Columbia. Additional remediation may be required at this property. In addition, at another adjoining property known as the “Boat Club Property,” located to the east of the property owned by the District of Columbia, Washington Gas agreed to perform a site investigation and report the findings pursuant to oversight by the District of Columbia Department of Energy and Environment (DOEE). This property was subject to a July 12, 2019, Administrative Order from the DOEE. This Administrative Order has been withdrawn. A consent order is being negotiated. Washington Gas received a letter in February 2016 from the DOEE and National Park Service regarding the Anacostia River Sediment Project, indicating that the District of Columbia is conducting a separate remedial investigation and feasibility study of the river to determine if and what cleanup measures may be required and to prepare a natural resource damage assessment. The sediment project draft remedial investigation report issued on March 30, 2018 identifies East Station as one of seventeen potential environmental cleanup sites. We are not able to estimate the total amount of potential damages or timing associated with the District of Columbia’s environmental investigation on the Anacostia River at this time. While an allocation method has not been established, Washington Gas has accrued an amount for study costs based on a potential range of estimates. Regulatory orders issued by the PSC of MD allow Washington Gas to recover the costs associated with the sites applicable to Maryland over the period ending in 2025. Rate orders issued by the PSC of DC allow Washington Gas a three-year recovery of prudently incurred environmental response costs and allow Washington Gas to defer additional costs incurred between rate cases. Regulatory orders from the SCC of VA have generally allowed the recovery of prudent environmental remediation costs to the extent they were included in the underlying financial data supporting an application for rate change. At September 30, 2019 and December 31, 2018 , Washington Gas reported a regulatory asset of $ 6.3 million and $ 5.8 million for the portion of environmental response costs that are expected to be recoverable in future rates. |