Regulatory Matters | 4. REGULATORY MATTERS MEA Interim Power Sales Agreement On August 12, 2014, MEA notified Chugach that their newly constructed power plant, the Eklutna Generation Station (EGS), would not be completed by January 1, 2015. On September 30, 2014, Chugach entered into an Interim Power Sales Agreement (Agreement) to provide MEA with all demand and energy requirements on a firm basis based on existing tariff rates for a minimum one quarter period beginning January 1, 2015, and ending on March 31, 2015 . The RCA approved the Agreement December 22, 2014. The term of the Agreement was subsequently extended to and expired on April 30, 2015 . June 2014 Test Year General Rate Case Chugach’s June 2014 Test Year General Rate Case was finalized and submitted to the RCA on February 13, 2015. Chugach requested a system base rate increase of approximately $21.3 million, or 20 percent, on total base rate revenues for rates effective in April 2015. The primary driver of the rate changes is the reduction and shift in fixed-cost responsibility resulting from the expiration of the Interim Power Sales Agreement between Chugach and MEA on April 30, 2015. The RCA issued Order U-15-081(1) on April 30, 2015, suspending the filing and granting Chugach’s request for interim and refundable rate increases effective May 1, 2015. A scheduling conference was held on May 27, 2015. On June 4, 2015, the RCA issued Order U-15-081(2), granting approval for intervention by Homer Electric Association (HEA), MEA and GVEA. The RCA has indicated that a final order in the case will be issued by May 8, 2016. Intervenor responsive testimony is due in late October of 2015. Chugach’s reply testimony is due in mid-December of 2015. An evidentiary hearing is scheduled for January 25 through February 5, 2016. Chugach submitted proposed adjustments to its fuel and purchased power rates under a separate tariff advice letter to become effective at the same time which allows interim base rate increases to be synchronized with reductions in fuel costs resulting from system heat rate improvements and a greater share of hydroelectric generation used to meet the load requirements of the remaining customers on the system. In combination with Chugach’s fuel and purchased power rate adjustment filing for rates effective in April 2015, the effective increase to retail customer bills was between 2 and 5 percent. Third Amendment to the Gas Sale and Purchase Agreement between Hilcorp Alaska, LLC and Chugach Electric Association, Inc. On July 23, 2015, Chugach filed the Third Amendment to the Gas Sale and Purchase Agreement (Third Amendment) between Hilcorp Alaska, LLC and Chugach with the RCA. The Third Amendment extends the term of the existing Gas Sale and Purchase Agreement (GSPA) between Chugach and Hilcorp to provide for firm gas sales from March 31, 2019 to March 31, 2023 , and adjusts the volumes and gas price for purchases in 2019. The Third Amendment does not change the underlying terms and conditions of the GSPA as amended, or the pricing and gas quantities in 2015 through March 31, 2018. The Third Amendment reduces the gas price by 8.5 percent on April 1, 2018. A key provision of the Third Amendment is the option for additional gas volumes during the period of April 1, 2019 through March 31, 2023, on both an annual contract quantity and average daily contract quantity basis. These options provide Chugach with added flexibility in the overall management of its gas supply requirements. Chugach is permitted to increase the annual contract volumes of up to 1.1 billion cubic feet (Bcf) of gas beginning April 1, 2019, and up to 2.6 Bcf annually on April 1 thereafter, provided advance notice is given to Hilcorp. This option allows Chugach to continue to obtain firm gas supplies from Hilcorp or alternatively from other gas suppliers if market conditions allow. The Third Amendment also provides Chugach with shorter-term options to purchase up to 2.0 million cubic feet (MMcf) per day of additional firm gas without impacting established annual contract quantities. This option allows Chugach to purchase additional volumes in response to short-term sales increases due to weather, bulk power maintenance activities, or other events on the Chugach system. On September 8, 2015, the RCA issued a letter order approving the Third Amendment. In the same order, the RCA approved Chugach’s request to recover gas purchases made under the Third A mendment through its fuel and purchased power rate adjustment process. Operation and Regulation of the Alaska Railbelt Transmission System The 2014 Alaska Legislature directed the RCA to provide a recommendation on whether creating an independent system operator or similar structure in the Railbelt area is the best option for effective and efficient electrical transmission. On February 11, 2015, the RCA voted in favor of opening a docket to investigate and receive input on alternative transmission structures for the Railbelt. The RCA held public meetings and workshops throughout the second quarter of 2015. On June 30, 2015, the RCA issued its report which recommended an independent transmission company, certificated and regulated as a public utility, be created to operate the transmission system reliably and transparently and to plan and execute major maintenance, transmission system upgrades, and new transmission projects necessary for the reliable delivery of electric power to Railbelt customers. The RCA also wants to be granted authority for siting new generation and transmission and to regulate integrated resource planning of the Railbelt electrical system. Quarterly progress reports on this effort are required for the remainder of 2015. The development of common Railbelt operating and reliability standards and system-wide merit order economic dispatch of the Railbelt’s electrical generation units to bring the maximum benefit to ratepayers was also recommended. The RCA expects to analyze and review present efforts in order to assess the organizational and governance structure needed for an independent consolidated system operator. Initial progress reports to develop an independent Railbelt electric transmission company were filed with the RCA on September 30, 2015. A second report on grid unification will be filed with the RCA by December 31, 2015. Progress reports associated with system-wide economic dispatch are required beginning in 2016. 2013 General Rate Case Chugach submitted a 2013 Test Year General Rate Case to the RCA on November 19, 2013. On April 18, 2014, Chugach submitted an update to reflect the final results contained in Chugach’s compliance filing in the 2012 Test Year General Rate Case that was submitted to the RCA on April 14, 2014. The update reflects final rate design changes contained in the 2012 Test Year General Rate Case. Chugach and the parties to the docket entered into a stipulation resolving revenue requirement and cost of service matters contained in the case, which was accepted by the RCA on November 13, 2014. On February 12, 2015, the RCA issued Order No. 9 of U-14-001 accepting a separate stipulation on reactive supply and voltage control from generation sources and resolving the remaining issues in the docket. On April 30, 2015, the RCA issued Order U-14-001(11), approving final tariff sheets for the January 2014 through April 30, 2015, interim period as well as Chugach’s refund plan. The stipulation contained a provision that Chugach be permitted to create a regulatory asset for approximately $0.9 million of storm-related costs and be permitted to recover $0.2 million per year over the next five years. Chugach also stipulated to rate adjustments associated with transmission wheeling and ancillary services. Revenues associated with reactive supply and voltage control from generation sources do not impact Chugach’s margin levels. Chugach completed the issuance of refunds in July of 2015. On March 16, 2015, MEA filed an appeal to Order U-14-001(9) in Superior Court asserting that the RCA erred by ordering a fully allocated cost-based transmission rate for use of the Teeland Substation, and that the RCA ignored evidence that a fully allocated cost-based transmission rate results in unjust and unreasonable rates and ignored long-established precedent of cost causer/cost payer relationships for wheeling across the Teeland Substation, among other items. MEA filed its brief with the Superior Court on June 26, 2015. Chugach’s response to MEA’s brief was filed on August 28, 2015, and MEA’s reply was filed on October 16, 2015. While Chugach cannot predict the outcome of this case, it will vigorously defend the RCA’s order. CINGSA On January 30, 2015, Cook Inlet Natural Gas Storage Alaska (CINGSA) submitted a filing to the RCA providing notice that it had found 14.5 Bcf of gas as a result of directional drilling in the storage facility and now proposes to establish guidelines for commercial sales of at least 2 Bcf of this gas. Chugach submitted comments to the RCA regarding CINGSA’s proposed treatment of found gas. Chugach does not believe CINGSA’s proposal to retain revenues for the sale of found gas should be permitted in recognition of the risk-sharing agreements made by CINGSA and its storage customers that resulted in the development of the CINGSA storage facility. The RCA issued an order in March of 2015 suspending the filing for further investigation. CINGSA filed direct testimony in the case on April 13, 2015. Chugach and other intervenors in the case submitted responsive testimony on June 5, 2015. CINGSA submitted its reply testimony on June 29, 2015. The evidentiary hearing was held in September of 2015 and a final order in the case is now expected by December 4, 2015 . |