Application No.: Exhibit No.: Witnesses: A.04-12-014 SCE-18 W. Gayler D. Kracke S. Pickett J. Shimmel T. Muir V. Gutierrez J. Sahl D. Van Iderstine K. Cini K. Payne S. Hemphill (U 338-E) 2006 General Rate Case Rebuttal Testimony SCE-18 - Administrative & General Before the Public Utilities Commission of the State of California Public Version Rosemead, California May 2005 SCE-18: Administrative & General Table Of Contents Section I. Page FINANCIAL ORGANIZATIONS........................................................ 1 A. Introduction .............................................................................. 1 B. ORA’s Recommendations Ignore The Significant Burdens Imposed On SCE To Implement And Effectively Comply With The Requirements Of The SOX. .......................................................................................... 2 C. ORA Recommends Disallowing $1.3 Million Of Controllers Account 923 Expenses For SOX Compliance. .............................................................................. 3 D. ORA Recommended Disallowance Of $1.4 Million Of Audit Services Account 920/921 Expenses Ignores The Internal Requirements Necessary For SOX Compliance ....................................................................... 4 E. ORA Recommended Disallowance Of $0.1 million Of Treasurers Account 920 Expenses Ignores The Internal Requirements Related To The Implementation Of SOX And That The Additional Employee Was Not Included In The 2003 Recorded Data........................................................................................... 7 Witness W. Gayler II. RISK CONTROL ................................................................................. 9 D. Kracke III. LAW ................................................................................................... 10 ............................................................................................................... S. Pickett/ J. Shimmel A. Introduction ............................................................................ 10 B. ORA’S Recommended Adjustment To Account 921 (In-House Attorneys (Office Supplies and Expenses)) Is Not Appropriate............................................... 11 C. ORA Errs In Its Recommendation To Reduce FERC Accounts 923-928 (Outside Counsel Expenses) .................... 12 D. The Commission Should Not Mandate SCE’s Law Department To Track In-House Legal Expenses .................. 15 -i- SCE-18: Administrative & General Table Of Contents (Continued) Section IV. V. VI. VII. Page WORKERS’ COMPENSATION ........................................................ 16 ............................................................................................................... A. Introduction ............................................................................ 16 B. The Commission Should Reject ORA’s Proposal With Respect To Account 925 – Workers’ Compensation Staff ................................................................ 16 C. The Commission Should Reject ORA’s Proposal With Respect To Account 925 – Workers’ Compensation And Claims Reserve ...................................... 18 D. The Commission Should Reject TURN’s Proposal To Use 2004 Reserve Expenses As The Basis For Test Year Expenses ................................................................ 20 REGULATORY POLICY AND AFFAIRS ........................................ 24 A. Introduction ............................................................................ 24 B. ORA Errs In Its Recommendation To Reduce Labor Expenses In Regulatory Policy & Affairs .............................. 24 ENVIRONMENTAL, HEALTH & SAFETY .................................... 27 A. Introduction ............................................................................ 27 B. ORA Uses Unjustified And Inappropriate Forecast Methods .................................................................................. 27 C. FERC Account 921 ................................................................. 29 D. FERC Account 923 ................................................................. 29 E. FERC Account 925 – Employee Safety.................................. 30 PUBLIC AFFAIRS ............................................................................ 32 A. Introduction ............................................................................ 32 1. ORA’s Reduction Proposal Is Premised Upon Errors And Misunderstandings .................................. 33 -ii- Witness J. Shimmel/ T. Muir V. Gutierrez J. Sahl D. Van Iderstine SCE-18: Administrative & General Table Of Contents (Continued) Section Page 2. ORA Improperly Disregarded PA’s Need To Fill Six Vacancies That Existed At The End of 2003 And To Add Five New Positions In 2006 .............................................................................. 34 3. One-Time Local PA 2003 Lobbying Activities Adjustment Charged To Shareholders Was Performed Correctly .................................................... 34 4. SCE 2004 Time-Tracking Study Was Performed Correctly - The 2003 TimeTracking Study Was A Pilot Program ........................ 35 5. a) ORA Mischaracterized Many Of PA’s “Educating” And Monitoring TimeTracking Entries ............................................... 36 b) ORA Misunderstood The Ratepayer Purpose For Many “Educating” And Monitoring” Time-Tracking Entries................. 37 c) Even If ORA Was Correct, The Hours Related To Alleged Mistakes In The 2003 Study Do Not Support A 25 Percent Reduction ............................................. 38 Witness ORA Proposal To Reduce The Franchise Factor Should Be Rejected .......................................... 38 VIII. ENERGY SUPPLY & MANAGEMENT ........................................... 39 A. Introduction ............................................................................ 39 B. ORA’s Labor Adjustment Is Incorrect ................................... 39 C. ORA’s Consultant Adjustment Assumes 2006 Refunds With No Justification And Ignores Future Consulting Expenses SCE Will Incur Because Of The Commission’s Recent Long-Term Procurement Plan Decision .......................................................................... 40 D. SCE’s Forecast Remains Robust ............................................ 42 -iii- K. Cini SCE-18: Administrative & General Table Of Contents (Continued) Section IX. X. Page QUALIFYING FACILITIES ............................................................. 43 A. Introduction ............................................................................ 43 B. Costs For New FTEs .............................................................. 43 C. Consulting Costs .................................................................... 45 RESOURCE PLANNING AND STRATEGY ................................... 47 A. Introduction ............................................................................ 47 B. ORA Erroneously Concludes That RP&S Is Overstaffed By One FTE ........................................................ 47 C. ORA Erroneously Calculated RP&S’ 2004 Average Cost Per FTE .......................................................................... 48 D. ORA Misunderstands The Challenges Of Staffing A New Division........................................................................... 49 E. Conclusion .............................................................................. 51 Appendix A Witness Qualifications -iv- Witness K. Payne S. Hemphill SCE-18: Administrative & General List Of Figures Figure Page Figure VII-1 Impacts Of Existing And Proposed Shareholder Reductions .......................... 33 Figure X-2 Year-End 2004 RP&S Organization Chart ......................................................... 48 1 -v- SCE-18: Administrative & General List Of Tables Table Page Table VI-1 Impacts Of ORA Proposal On SCE EH&S Programs ......................................... 28 Table VIII-2 Summary Of Forecast ES&M Labor Costs ...................................................... 39 Table X-3 Comparison Of Labor Expenses (Partial/Full Year) ............................................ 49 1 -vi- 1 I. 2 FINANCIAL ORGANIZATIONS 3 A. Introduction SCE has estimated total A&G expenses of $38.6 million (2003 $) in test year 2006 4 5 for its Financial Organizations – Controllers, Audits, Treasurers and Tax Department. 6 These expenses record to FERC Accounts 920, 921, 923, 926 and 930. ORA has proposed 7 an approximate $1.8 million reduction for the Financial Organizations. However, included 8 in ORA’s recommendation is an increase in the Participant Credit P&B of $1.0 million 9 which reflects ORA’s recommendation related to the Mohave Generating Station. In order 10 to isolate the impacts of ORA’s recommendation related to the Financial Organizations we 11 have removed the Participant Credit P&B from both SCE’s and ORA’s forecast. SCE’s 12 forecast, absent the Participant Credit P&B is $38.9 million and ORA’s forecast is 36.1 13 million. As result, ORA has recommended a $2.8 million reduction for the Financial 14 Organizations. Specifically, ORA recommends that $1.3 million in Account 923 for Controllers, $1.4 15 16 million of Audits expenses in 920 and 921 and $0.1 million in Account 920 of Treasurers 17 expenses be denied. A majority of these expenses are the additional resources necessary 18 to ensure the Company complies with the requirements of the Sarbanes – Oxley Act 19 (SOX). TURN recommends an adjustment to the methodology used to calculate the 20 21 capitalized A&G rate1. SCE does not oppose TURN’s adjustment. SCE’s rebuttal to ORA’s recommendations are addressed below. 22 1 TURN Report, Marcus, p. 48, line 8. 1 1 B. ORA’s Recommendations Ignore The Significant Burdens Imposed On SCE 2 To Implement And Effectively Comply With The Requirements Of The 3 SOX. 4 SOX was created by Congress in 2002 in response to an unprecedented string of 5 accounting scandals (e.g., Enron, WorldCom, etc.). The adopted legislation was intended 6 to provide on-going regulation with respect to corporate governance, financial statement 7 integrity, and internal controls for public companies. 8 9 10 11 Due solely to the SOX legislation, SCE has had to create and maintain a corporatewide compliance infrastructure to sufficiently monitor and report upon internal controls over financial reporting. It is important to note that the impact of SOX is not a one-time occurrence, and 12 extends beyond the initial year of compliance with the legislation. Annually, the Company 13 must demonstrate that it has established and maintained adequate controls that are 14 designed and operating effectively. On-going SOX compliance for SCE includes the 15 following: 16 The Company must ensure that over 100 business processes and 1,300 related key 17 controls that were documented as required by SOX continue to operate as designed. Of 18 the 1,300 key controls, 900 are from SCE and 400 are from the Edison Mission Group. The 19 CEO and CFO must certify that internal controls over financial reporting have been 20 designed under their supervision and the preparation of the financial statements are 21 reliable and in accordance with generally accepted accounting principles. In order for the 22 CEO and CFO to make such a certification, the Company has developed an internal 23 certification process throughout the organization. This process includes reviewing and 24 testing all 1,300 key controls on an on-going basis to ensure that they continue to operate 25 as designed. If there are changes in the design of key controls, the SOX documentation 26 must be updated on a timely basis and the new controls must be tested for operating 2 1 effectiveness. The Company is also responsible for tracking and remediating all internal 2 control deficiencies. 3 SOX also requires the outside audit firm for the Company to independently walk- 4 through all of the business processes and to either directly test the 1,300 key controls or 5 review the results of internal audits testing. Due to the rigidity and depth of the ensuing audit standards associated with SOX, 6 7 compliance with this law has proven to be a costly exercise in both internal and external 8 resources for all publicly traded companies. Across the country the cost to effectively 9 implement SOX has been much greater than anyone anticipated. A review of the proxy 10 statements of various utilities where audit fees were disclosed for 2003 and 2004 show 11 that, similar to SCE, the recorded external audit fees for these companies nearly doubled 12 in 2004 compared to 2003. 13 Contrary to ORA’s contention, the recorded 2003 expenses do not reflect the 14 required additional resources necessary to perform the massive and extensive compliance 15 program on behalf of management. Therefore, we feel that the requested incremental cost 16 requirements related to SOX are reasonable as they are an undisputed cost of service. 17 C. ORA Recommends Disallowing $1.3 Million Of Controllers Account 923 18 Expenses For SOX Compliance. 19 As described above, compliance with SOX requires an on-going increase in effort by 20 SCE’s outside auditors (PriceWaterhouseCoopers). The outside auditors are required to 21 test and/or verify that all 1,300 key controls are operating effectively throughout the year. 22 In addition, external auditors are also required to independently walk-through all 23 processes with the business process owners to ensure that the external auditors have a 24 thorough understanding of the process for them to effectively test the key controls. As 25 such, SCE included a $1.3 million increase above the 2003 recorded levels for Account 923 26 to reflect the additional on-going outside auditing costs related to the compliance 27 requirements of SOX. The proposed increase was based on a written estimate provided by 3 1 PriceWaterhouseCoopers detailing their increase above current audit fees for the on-going 2 audit requirements related to SOX. As discussed above, SCE’s requested increase in 3 Account 923 related to outside Audit fees is consistent with increases incurred by other 4 utilities. 5 SCE’s past experience demonstrates that a level of outside consulting services 6 equivalent to 2003 recorded levels will be necessary in the future. As shown in Exhibit No. 7 SCE-7, Volume 2 the recorded Account 923 costs in 2003 were almost identical to those 8 incurred in 1999. Based on past history, it is not unreasonable to assume that some form 9 of unanticipated legislation or regulation (i.e. SOX, FASB, etc.) will evolve in the future 10 that will require the Company to incur outside consultant expenses. Therefore, we feel that the incremental cost requirement requested is reasonable. 11 12 D. ORA Recommended Disallowance Of $1.4 Million Of Audit Services 13 Account 920/921 Expenses Ignores The Internal Requirements Necessary 14 For SOX Compliance 15 The ORA has based their recommendation on two incorrect assumptions: 16 a) embedded in SCE’s base year 2003 recorded expenses, and 17 18 19 20 The additional FTEs needed to test compliance with SOX are already b) SCE did not provide a methodology for allocating costs between the utility and non-utility. With regards to a) above, the 2003 recorded costs do not reflect the incremental 21 costs associated with the on-going SOX testing. Even though SOX was enacted in July 22 2002 to be effective on or after September 30, 2003, in June 2003 the Securities and 23 Exchange Commission extended the deadline for calendar year corporations until 24 December 31, 2004. Therefore, the majority of the testing for SCE was performed during 25 2004. Planning, project management, coordination of the testing, designing standard 26 templates and starting some of the tests began around September 2003 and the Audit 27 Services Department (ASD) used approximately two FTEs to accomplish that task during 4 1 all of 2003. During 2004, the first year of implementation, ASD hired six additional 2 auditors and reassigned fifteen existing auditors in addition to utilizing third party 3 consultants to support management’s opinion on internal controls as of December 31, 4 2004. In 2005 ASD plans to hire an additional four auditors to supplement its internal 5 staff to meet the on-going SOX requirements. This amounts to a total of ten additional 6 auditors above 2003 recorded levels necessary to effectively perform the on-going required 7 activity related to SOX compliance. 8 9 As discussed above, SCE and the non-utility affiliates identified approximately 1,300 key controls that needed to be tested on an on-going basis. ASD was responsible for 10 evaluating the design and operating effectiveness of all key controls and reporting the 11 results of those tests to senior management. Testing included the following: 12 Understanding and evaluating management’s scoping process 13 Conducting walkthroughs of all processes from beginning to end 14 Evaluating the design effectiveness of the key controls 15 Developing test plans and determining appropriate sample sizes to assess 16 approximately 1,300 key controls at the process level at two different time 17 intervals during the year 18 Executing and documenting the results of the test plans 19 Reviewing and testing controls over the use of spreadsheets and system reports 20 21 in the COSO model 22 23 26 Conducting reviews of critical applications, addressing general IT controls, application controls, and computer operation 24 25 Reviewing and testing entity level controls using the five criteria established Reporting exceptions, making recommendations and retesting remediated controls 5 1 With regards to b) above, SCE did provide a methodology for the recovery of the 2 costs associated with the non-utility affiliates. See Exhibit SCE-7, Volume 2, page 24, 3 lines 22 through 24, “To the extent Audit Services performs work for non-utility affiliated 4 companies, the costs are subject to the affiliate credit mechanism discussed in Exhibit 5 SCE-8, Results of Operations,” and page 25, lines 7 through 9, “All non-utility affiliate 6 credits will be refunded to customers through the Other Distribution Mechanism 7 Balancing Account (ODAM) per the Post Transition Ratemaking Decision (D.99-10-057).” 8 ASD’s test year request of $1,190,000 in non-labor expenses pertains to both utility 9 and non-utility costs. ORA is recommending $715,000 for ASD non-labor expenses.2 Of 10 the $475,000 non-labor expenses denied by the ORA, $231,000 pertains to the non-utility 11 affiliates and will be credited to the ratepayers via the appropriate Balancing Account 12 Mechanism. The remaining $244,00 pertains to increases related to utility operations and 13 is made up of the following expenses: 14 $45,000 in third party consultant costs for both IT and EH&S specialized skills. 15 16 An increase in training costs of $100,000 necessary to provide adequate 17 training for the 10 new auditors and the existing Audit staff in order to meet 18 professional organization’s requirements for active certification. 19 An increase in travel and other non-labor costs of $99,000 for the ten new auditors and the existing Audit staff. 20 The requirements for Audit Services related to SOX are in addition to normal 21 22 activities, such as operational audits, they perform in reporting to the Audit Committee. 23 Recorded 2003 costs do not reflect the on-going costs of running such a massive and 24 extensive compliance program. Therefore, we feel that the incremental cost requirements 25 requested for Audit Services are a reasonable cost of service. 2 ORA Testimony, page 10-B-4. 6 1 E. ORA Recommended Disallowance Of $0.1 million Of Treasurers Account 2 920 Expenses Ignores The Internal Requirements Related To The 3 Implementation Of SOX And That The Additional Employee Was Not 4 Included In The 2003 Recorded Data. 5 In November 2004, Cash Management added one FTE, (SOX Compliance 6 Accountant) to its permanent staffing, directly as a result of the new compliance 7 monitoring and certifications required by SOX. On a daily basis, the Cash Management 8 division of the Treasurer's Department is responsible for monitoring and accounting for 9 thousands of cash flow transactions through the Company's various bank accounts. These 10 transactions represent millions of dollars in customer receipts, operating and capital 11 expenditures, etc. For each of these cash transactions Cash Management analysts 12 monitor and assign the appropriate accounting, consistent with GAAP. Given the 13 expanded reporting and certification requirements imposed by SOX, the division's 14 workload became unmanageable as all existing staff members were 100 percent committed 15 to pre-existing operational responsibilities. Prior to SOX, the existing staff was dedicated 16 to ensuring the operational integrity of the banking transactions and related 17 reconciliations, but were not required to understand and interpret financial accounting 18 standards, monitor these transactions for recurring SOX compliance, and address the 19 expanded audit coverage that resulted from SOX. Since SOX has placed the burden of 20 certification at the process owner level, the Cash Management division needed an FTE 21 position dedicated to coordinating all the accounting efforts, internal and external audit 22 support, and FASB rule interpretations on an ongoing basis. Given the large number of 23 transactions and the large dollar magnitude of these transactions, Cash Management is 24 responsible for operations that inherently come with significant risk, if they are not 25 captured and reported correctly and on a timely basis. The most effective way to manage 26 this risk was to create the SOX Compliance Accounting position which has as its central 27 responsibility the assurance that all of the division's transactions are recorded and 7 1 accounted for in compliance with FASB and SOX control standards. The additional cost of 2 this FTE is fractional compared to the dollar magnitude of cash transactions being 3 monitored and properly reported. Without this position, the Cash Management division 4 would not be able to certify each quarter that controls were effective as required under 5 SOX regulations. 8 1 II. 2 RISK CONTROL In its testimony, ORA originally recommended an overall expense level for the Risk 3 4 Control Group of $2.401 million for Test Year 2006. This expense level is $631,000 less 5 than SCE’s request of $3.032 million.3 The reduction was based on erroneous calculations 6 of average labor costs per FTE. 7 Based upon (i) ORA’s response to an SCE data request 4 and (ii) a follow-up 8 conversation with ORA analyst Joel Tolbert on May 10, 2005, it is SCE’s understanding 9 that ORA does not contest SCE’s requested expenses for the Risk Control Group, and that 10 ORA will be submitting Errata withdrawing Chapter 10-B, Section III-E from its report. 11 No Intervenors have submitted testimony contesting SCE’s forecast expenses for the Risk 12 Control Group. Therefore, the Commission should adopt SCE’s requested expense levels 13 for the Risk Control Group. 3 ORA Testimony, page 10-B-2, lines 20-24. 4 ORA Response to Questions 1 through 5 in DR-SCE-10. 9 1 III. 2 LAW 3 A. Introduction 4 In ORA’s Report on the Results of Operations, Volume 1, on SCE’s Law 5 Department, ORA takes issue with our 2006 test year forecast of the following FERC 6 accounts: 7 Account 921: SCE’s 2006 test year forecast is $3.607 million, which is equal 8 to our 2003 expenses. Because ORA proposes an adjustment of $927,000 for 9 “one-time non-recurring expenditures,”5 ORA’s forecast for 2006 test year is $2.608 million. 10 11 Accounts 923 and 928: SCE’s 2006 test year forecast for its outside counsel 12 expenses is based upon a three-year average and is $8.226 million for 13 Account 923 and $3.111 million for Account 928, for a combined total of 14 $11.337 million. ORA proposes to use SCE’s 2003 recorded expenses, instead 15 of a three-year average, to forecast 2006 test year expenses. In addition, 16 ORA proposes a $1.505 million adjustment to Account 928 to remove costs 17 associated with SCE’s expenses associated with the Commission’s Gas Border 18 Price Investigation, OII 02-11-040.6 As a result, ORA’s forecast for 2006 test 19 year is $6.366 million for Account 923 and $341,000 for Account 928, for a 20 combined total of $6.707 million. SCE discusses these FERC accounts below. SCE also discusses TURN’s proposal 21 22 that SCE be required to implement a time track system to track in-house legal expenses 23 by subject matter or project. 5 ORA’s Report on the Results of Operations, Volume 1, p. 10-C-7. 6 ORA’s Report on the Results of Operation, Volume 1, pp. 10-C-8 and 10-C-10. 10 1 B. ORA’S Recommended Adjustment To Account 921 (In-House Attorneys 2 (Office Supplies and Expenses)) Is Not Appropriate 3 SCE’s 2006 test year forecast for Account 921 is $3.607 million, which is equal to 4 our 2003 expenses. In our testimony, we indicated that the 2003 non-labor expenses 5 recorded in Account 921 increased above 2002 levels by $927,000 as a result of $267,000 6 for document and records management software purchase and development, $200,000 for 7 initial development of SCE’s Whiteboard Filing Tracking System, and $459,000 for 8 computer and outside consulting services.7 Because ORA proposes an adjustment of 9 $927,000 for “one-time non-recurring expenditures,”8 ORA’s forecast for 2006 test year is 10 $2.608 million. However, we did not remove these expenditures from our 2006 test year 11 forecast because these expenses are representative of test year expenses as there are 12 recurring expenses associated with the ongoing upgrade and maintenance of these 13 systems. In Account 921, SCE records expenses for office supplies and related expenses, 14 15 including software purchases and outside computer consulting services. In 2003, SCE 16 purchased document management and records management (“DM/RM”) software which 17 SCE will continue to upgrade during the 2004–2006 timeframe. SCE also incurred 18 expenses for its Whiteboard Filing Tracking System in 2003. This system will be 19 upgraded regularly during the 2004–2006 timeframe in order to meet the needs of SCE 20 and our customers. Both of these systems assist SCE in filing documents electronically 21 and facilitate our ability to file and store pleadings electronically. Contrary to ORA’s suggestion and as noted above, the purchase of software and 22 23 computer-related services are not one time, or non-recurring expenditures. SCE 24 realistically anticipates that there will be on-going expenses for the Whiteboard and the 7 SCE-7, Volume 3, p. 17. 8 ORA’s Report on the Results of Operations, Volume 1, pp. 10-C-7 through 10-C-8. 11 1 DM/RM System. Furthermore, the Whiteboard and DM/RM Systems will need to be 2 modified to meet the specific needs of our Law Department, therefore SCE forecasts that 3 the 2006 on-going expenses of the Whiteboard and DM/RM systems will exceed the 2003 4 expenses to purchase these systems. Specifically, SCE’s 2005 and 2006 forecast for these 5 combined projects alone is $612,800 and $651,305, respectively. In addition, as a result of 6 these new systems and the need for ongoing future refinements and upgrades, SCE will 7 continue to require the assistance of computer and outside consulting services to develop 8 relational databases and enhance and maintain our computer systems. During 2006, we 9 expect to use computer and outside consulting services to make on-going improvements 10 and code changes to our numerous software systems. In addition to the Whiteboard Filing 11 Tracking System and the DM/RM Management System, we believe we will need computer 12 and outside consulting services for Attorney Portal, Claims Management System, 13 Corporate LawPack, Compulaw, and Electronic Invoicing. Based upon the foregoing, we 14 believe that our 2003 expenses are representative of the level of expenses we expect to 15 incur in 2006. 16 C. ORA Errs In Its Recommendation To Reduce FERC Accounts 923-928 17 (Outside Counsel Expenses) 18 SCE’s 2006 test year forecast for its outside counsel expenses is based upon a 19 three-year average and is $8.226 million for Account 923 and $3.111 million for Account 20 928, for a combined total of $11.337 million. ORA proposes to use SCE’s 2003 recorded 21 expenses, instead of a three-year average, to forecast 2006 test year expenses. In addition, 22 ORA proposes a $1.505 million adjustment to Account 928 to remove costs associated with 23 SCE’s expenses associated with the Commission’s Gas Border Price Investigation, OII 02- 24 11-040.9 As a result, ORA’s 2006 forecast is $6.366 million for Account 923 and $341,000 25 for Account 928, for a combined total of $6.707 million. 9 ORA’s Report on the Results of Operations, Volume 1, pp. 10-C-8 and 10-C-10. 12 1 ORA’s selection of 2003 recorded expenses as the basis for the 2006 forecast is not 2 reasonable for the following reasons. First, we expect our 2006 outside counsel expenses 3 to exceed 2003 levels due to increasing legal challenges arising from our transmission 4 responsibilities related to ISO tariff amendments, ISO operations, interconnection, 5 planning, grid expansion, joint-ownership dispute, market and design, existing contract 6 disputes, and regulatory challenges. In addition, we expect our need for outside counsel to 7 increase in areas relating to Sarbanes Oxley compliance, workers’ compensation benefits, 8 power purchase contracts disputes, environmental impact studies and reports relative to 9 transmission grid expansion, EMF issues, and condemnations of property used for 10 transmission grid expansion. 11 ORA erroneously suggests that the increased number of in-house attorneys is 12 sufficient to address SCE’s continuing legal responsibilities in test year 2006.10 However, 13 SCE’s 2006 forecast for Accounts 923 and 928 already takes into consideration the 14 additional in-house attorneys SCE expects to hire. While we have been able to shift work 15 to our in-house attorneys, we still expect the need for outside counsel to increase due to 16 the growth of legal activities in the areas identified above. In other words, without the 17 increase of in-house attorneys, SCE’s 2006 forecast for Accounts 923 and 928 would be 18 higher than our current 2006 test year request. Second, by selecting 2003 recorded expenses as the basis for forecasting 2006 test 19 20 year expenses, ORA is implying that the recorded expenses for 1999-2002 are not 21 representative of 2006 test year expenses. However, ORA only provides an explanation as 22 to why expenses in 2001 are not representative of 2006 test year expenses. With regard to 23 2001, ORA points to SCE’s data request response where we characterized 2001 as an 24 extraordinary year due to the financial energy crisis in California.11 However, SCE’s 2001 10 ORA’s Report on the Results of Operations, Volume 1, p. 10-C-9. 11 ORA’s Report on the Results of Operations, Volume 1, p. 10-C-9 (citing DR-ORA-11, Question 1). 13 1 recorded expenses of $8.2 million for Accounts 923 and 92812 are representative because 2 we adjusted nonrecurring expenses associated with the California energy crisis. Indeed, 3 SCE already adjusted its 2001 outside counsel expenses by $4.841 million for outside 4 counsel expenses associated with work relating to the energy crisis.13 Therefore, contrary 5 to ORA’s suggestion, 2001 (as adjusted by SCE) is representative of 2006 test year 6 expenses. Further, ORA’s proposal to reduce forecasted test year expenses for Account 928 by 7 8 $1.505 million14 for outside counsel expenses SCE incurred due to its participation in the 9 Gas Border Price Investigation OII 02-11-040 is unreasonable.15 Contrary to ORA’s claim, 10 the expenses SCE incurred is not unusual. OII 02-11-040 is representative of the type of 11 Commission regulatory proceeding that SCE participates in regularly on behalf of its 12 ratepayers. Furthermore, as the Commission is fully aware, OII 02-11-040 is on-going,16 13 and SCE expects to incur expenses relating to this investigation in 2006. Because of ORA’s proposed reduction of $1.505 million to Account 928, ORA’s 2006 14 15 forecast is actually less than 2003 recorded expenses. Indeed, ORA’s 2006 forecast is 12 See Figure II-7 of SCE-7, Volume 3, p. 20. 13 See the Workpapers for SCE-7, Volume 3, Law Department: page 38 Account 923 Business Unit Adjustment 4; pages 81-82, Account 928 Company-wide Adjustments 2 and 3 and Business Unit Adjustment 2. 14 In 2003, SCE incurred approximately $XXXXX in outside counsel expenses relating to OII 02-11-040. Even if the Commission were to adopt ORA’s proposal and adjust Account 928 by excluding outside counsel expenses associated with OII 02-11-040 (which the Commission should not), ORA appears to overstate the amount of outside counsel expenses incurred in 2003. As indicated in SCE’s Response to DR-ORA-5, Question 01, SCE provided documentation that showed the detail of expenditures in 2003 incurred by SCE’s Law Department and Energy Supply and Management Department for SCE’s participation in the Border Price Gas OII in three cost categories: Consulting ($XXXXXXX), Outside Legal ($XXXXXX), and Other $XXXX). Two of the cost categories, “Outside Legal” and “Other” pertain to Law Department’s FERC Accounts 923/928, while the cost category “Consulting” pertain to Energy Supply and Management Department’s FERC Account 923. ORA has erroneously assumed that all three cost categories pertain to Law Department’s FERC Accounts 923/928. 15 See ORA’s Report on the Results of Operations, Volume 1, pp. 10-C-8 and 10-C-10. 16 The Commission has yet to issue a decision in Phase IA of the investigation. SCE is currently in discovery in Phase IB and the schedule for this phase has not yet been set. 14 1 lower than any of the total Account 923 and Account 928 recorded expenses for the years 2 1999 – 2003. Simply stated, we do not believe that ORA’s forecast would provide the 3 necessary revenue requirement to perform the legal work required by SCE. 4 D. The Commission Should Not Mandate SCE’s Law Department To Track In- 5 House Legal Expenses 6 In TURN’s testimony, Mr. Marcus proposes that the Commission order SCE to 7 track in-house legal expenses by subject matter or project.17 Whether or not our Law 8 Department should institute a time track system should be left to the discretion of SCE’s 9 Law Department management. As indicated by TURN witness Marcus, the reason for 10 time track, namely, for billing purposes,18 is not applicable to SCE’s in-house attorneys. 11 Mr. Marcus points to SoCalGas and SDG&E as examples of utilities that track expenses 12 by proceeding, however, the analogy is inappropriate because those in-house attorneys 13 work for the parent company and therefore need to track the time spent on utility matters 14 in order to bill their costs to the utility. In summary, there is no legitimate business 15 reason for SCE to track the time of our in-house attorneys that would justify the cost and 16 inconvenience of doing so. 17 Testimony of William B. Marcus in Report on Various Results of Operations Issue in Southern California Edison’s 2006 Test Year General Rate Case, p. 49. 18 Id. 15 1 IV. 2 WORKERS’ COMPENSATION 3 A. Introduction In ORA’s Report on the Results of Operations, Volume 1, on SCE’s Workers’ 4 5 Compensation Division, ORA takes issue with our test year forecast of the following FERC 6 Account: 7 Account 925: SCE’s 2006 test year forecast is $50.785 million for its 8 Workers’ Compensation Division, which consists of (1) $6.319 million for 9 A&G salaries and related expenses (based on a budget based approach), and 10 (2) $44.466 million in reserves (based on a three-year average). Because ORA 11 uses a five-year average, ORA’s forecast for test year 2006 is $40.619 million, 12 which consists of (1) $4.249 million for A&G salaries and related expenses, 13 and (2) $36.360 million in reserves.19 In addition, TURN makes a proposal to set 2006 test year rates for Account 925 14 15 (reserves) at 10% above the adjusted recorded 2004 reserve expense, or $30.779 million. 20 16 Additionally, TURN recommends implementing a two-way balancing account such that 17 there would be 90% recovery for all expenses within 30% of this ratemaking figure. As 18 discussed more detail below, TURN’s proposal should be rejected. 19 B. The Commission Should Reject ORA’s Proposal With Respect To Account 20 925 – Workers’ Compensation Staff 21 SCE’s 2006 test year forecast for Account 925 expenses for the salaries and related 22 expenses of our workers’ compensation staff is $6.319 million. As indicated in our 23 testimony, we have used a budget based approach for our forecast that takes into account 24 two additional employees and two additional medical management contractors we hired 19 ORA’s Report on the Results of Operations, Volume 1, p. 10-C-10. 20 TURN’s Report on various Results of Operations issues (Marcus), p. 53. 16 1 during 2004.21 The new employees and medical management contractors are necessary to 2 i) comply with utilization review statutes and regulations (California Labor Code Section 3 4610), ii) to meet guidelines established by the State Office of Self-Insurance Plans, iii) to 4 resolve claims on a timely basis, iv) to assure that medical services are not over-charged 5 due to provider mis-coding, v) to ensure medical services billed to SCE are related to 6 compensable injuries and illnesses, and vi) medical services fees are paid pursuant to the 7 appropriate fee schedule.22 Indeed, as a result of SCE’s contracting with a medical 8 management and medical bill audit service, we have experienced significant savings in the 9 amounts paid to medical service providers.23 Incorporated in SCE’s A&G forecast for workers’ compensation is the mandatory 10 11 training of claims staff pursuant to the enactment of AB 1262, the mandate of SB 228 for 12 employers to develop a facility to accept electronic billing by medical providers by 2006, 13 and the increased cost of funding to the California Division of Industrial Relations (an 14 increase from 20% user funding to 100% user funding). ORA’s use of a five-year average to forecast Account 925 A&G expenses for our 15 16 workers’ compensation staff would result in a $2.06 million reduction of our 2006 test year 17 forecast from $6.319 million to $4.259 million. ORA recommends the use of a five-year 18 average due to “fluctuations” during the 1999-2003 time period.24 However, a five-year 19 average is not appropriate because it does not incorporate the staff increases we 20 implemented in 2004 to comply with the utilization review statutes and regulations as 21 well as the guidelines of the State Office of Self-Insurance Plans. If ORA’s forecast is 22 adopted, we will be forced to decrease our use of the medical management and medical bill 21 SCE-7, Volume 7, Chapter V, pp. 55, 59-60. An errata will be submitted regarding this portion of the testimony to reflect the 2004 staffing change in the Workers’ Compensation Division. 22 SCE-7, Volume 7, Chapter V, pp. 55, 58-60. 23 SCE-7, Volume 7, Chapter V, p. 58. 24 ORA’s Report on the Results of Operations, Volume 1, p. 10-C-10. 17 1 audit service, which will adversely impact our ability to audit medical bills of the medical 2 service providers, and it will result in increased payments to medical providers. Simply 3 stated, ORA’s use of a five-year average to forecast 2006 expenses would result in a 4 revenue requirement that is insufficient to cover the costs necessary to perform the 5 activities required of the Workers’ Compensation staff. ORA’s forecast should be rejected 6 as impractical and unrealistic. 7 C. The Commission Should Reject ORA’s Proposal With Respect To Account 8 925 – Workers’ Compensation And Claims Reserve 9 SCE’s 2006 test year forecast for its Account 925 reserves is $44.466 million and is 10 based on a three-year average. In contrast, ORA proposes using a five-year average, 11 which results in a 2006 forecast of $36.360 million. A five-year average is not appropriate 12 because years 1999 and 2000 are not representative of test year expenses. Years 1999 and 13 2000 do not take into account the dramatic increase in workers’ compensation payment 14 and claim reserve expenses which commenced in 2001 and continued through 2003. As 15 indicated in SCE’s testimony, our reserve expenditures soared during 2001 through 2003 16 as a result of increased utilization of medical services, legislative changes in workers’ 17 compensation indemnity benefits, and changes in the statutory medical fee schedule.25 18 Legislative changes in the workers’ compensation area have also resulted in an increase in 19 our reserves and claim payments. For example, as a result of AB 749, weekly employee 20 benefit increases for temporary disability, permanent total disability, and survivor 21 benefits increased from $602 per week in 2003 to $728 per week in 2004, and $840 per 22 week in 2005. These new benefit levels are indexed through 2006, and then will be subject 23 to cost of living increases based on the increase in statewide average weekly wages 24 thereafter. Consequently, reserve expenses recorded in Account 925 will not return to 25 1999 – 2000 levels. Additionally, effective January 1, 2005, SB 899 mandates that 25 SCE-7, Volume 7, Chapter V, pp. 62-63. 18 1 employers are liable for up to $10,000 in medical costs per claim until each claim is 2 denied, even if the claim is subsequently found not to be work related. 3 Further, ORA’s reliance on a data request response from SCE that indicates that 4 workers’ compensation expenses may be reduced in 2006 as a result of AB 277, SB 288, 5 and SB 899 is misplaced.26 In its testimony, ORA states that “ … information provided by 6 SCE that its reorganization and the enactment of AB 227, SB 228 and SB 899 will 7 significantly reduce its workers compensation costs in the test year.”27 This is a 8 mischaracterization of SCE’s position. Indeed, consistent with SCE’s data request response cited by ORA, SCE’s 2006 9 10 forecast for its Account 925 (reserves) expenses are less than its 2003 recorded expenses 11 by $14.174 million and about equal to its 2002 recorded expenses. Also, as indicated in 12 SCE’s data request response, any reduction in workers’ compensation expenses is 13 contingent upon how these bills are implemented if at all. Although it was the intent of 14 the legislature that SB 899 would reduce workers’ compensation costs, this piece of 15 legislation is being challenged by the California Applicant's Attorney's Association, the 16 California Medical Association and the California Labor Federation. Likewise, although 17 AB 227 and SB 228 contain cost reduction provisions in the area of medical utilization, it 18 is premature to know if these provisions will result in savings to SCE. Currently, there 19 are approximately 18 bills related to workers’ compensation introduced in this legislative 20 session -- many of which are aimed at reversing the reforms enacted in 2003 and 2004. 26 ORA’s Report on the Results of Operations, Volume 1, p. 10-C-11. ORA cites SCE’s response to DR-ORA67, Question 06 (b), where SCE stated: “As stated in our testimony on page 63, we expect that our reserves will not fluctuate substantially in the test year. We base this statement on our belief that enactment of AB 227, SB 228, and SB 899, will at minimum, halt the incremental increases in workers’ compensation expenses, and may if appropriately implemented by regulation, actually reduce the cost of workers’ compensation to the company in 2006 and beyond.” ORA’s Report on the Results of Operations, Volume 1, p. 10-C-11 (emphases added). 27 ORA’s Report on the Results of Operations, Volume 1, p. 10-C-12. 19 SCE believes that the ORA's proposed five-year average is inappropriate because it 1 2 does not take into consideration the full impact of AB 749 benefit increases. Nor does SCE 3 believe that it is prudent for ORA to rely upon enacted legislation that has not been fully 4 implemented, and that is currently being challenged in the courts and by members of the 5 California legislature. 6 D. The Commission Should Reject TURN’s Proposal To Use 2004 Reserve 7 Expenses As The Basis For Test Year Expenses 8 In contrast to SCE’s forecast of $44.466 million for 2006 test year expenses for 9 Account 925 (Workers’ Compensation – Reserves), which is based on a three year 10 average,28 TURN’s witness Mr. Marcus proposes that 2006 test year rates be set at 10% 11 above the adjusted recorded 2004 reserve expense, or $30.779 million.29 Additionally, 12 TURN recommends implementing a two-way balancing account such that there would be 13 90% recovery for all expenses within 30% of the ratemaking figure (i.e., $30.779 million).30 14 As a threshold matter, SCE agrees with Mr. Marcus’ assessment that it is a difficult 15 science to forecast future workers’ compensation expenditures.31 As with any injury and 16 illness related forecast, there are numerous variables that affect the accuracy of a forecast. 17 SCE does not believe that TURN has considered important variables in developing its 18 forecast. For example, SCE does not believe that TURN has used the services of an 19 actuary in developing its forecast. Further, SCE believes that TURN did not consider 20 relevant factors such as the current age and co-morbid factors of employees to whom the 21 workers’ compensation benefits are planned. 28 See SCE-7, Volume 3, p. 62. 29 TURN’s Report on Various Results of Operations issues (Marcus), p. 53. 30 Id. 31 Id., p. 49. 20 As even acknowledged by TURN, it is “bad form” to use 2004 data for estimating 1 2 purposes, yet that is what TURN has done.32 TURN’s forecasting methodology does not 3 acknowledge the statistical variability inherently embedded in their claims forecasting 4 methodology will change over a period of time, and yet there is no allowance for this. As of 5 year-to-date 2005, we have experienced a 60% increase in the number of claims being filed 6 along with an increase requirement in reserves. Yet, TURN’s forecasting methodology 7 does not take into account the increases we are facing. In comparison, SCE has selected a 8 three-year average and firmly believes that its forecast considers claims paid out, prior 9 losses, paid severity and projected case losses over a sustained period of time. TURN, on 10 the other hand, concedes that it has used a “bad form” approach based upon one years 11 worth of recorded data. SCE is required to establish reserves based upon generally 12 accepted industry practices that forecasts should not be based upon the aggregate sum of 13 one year’s data. In regards to the history of claims payments, TURN comments that the benefits 14 15 paid out have a fairly narrow range over the past nine years (1996 – 2004).33 TURN’s 16 analysis, however, ignores three fundamental facts. First, the average cost of a claim, 17 whether measured by the amount paid out in a year or measured by the amount reserved 18 for the life of an employee, has substantially increased. In other words, if we incurred and 19 paid the same number of claims in the test year as we did in 1997, the cost would be 20 substantially higher because of the statutory benefits changes, inflation, etc. The actual 21 impact on SCE is magnified by the fact that we are experiencing a 60% increase in claims 22 during the first quarter of 2005. Second, the paid benefits are, in fact, liquidated reserves, and the remaining 23 24 reserves represent the Company’s estimated future liability for the life of all claims and 32 Id., p. 50. 33 Id., pp. 50-51. 21 1 claimants known to the Company. Because reserves are based on a life time calculation, 2 they have to be adjusted annually. TURN’s use of one year worth of data to determine 3 future costs does not take into account this adjustment. Third, because individual claims are evaluated based on an estimated usage of 4 5 medical for the lifetime of the claim or the claimant, it is inappropriate to use benefits 6 paid over a one year period as an indicator of reserve adequacy. TURN does not have 7 sufficient demographic information of the employees or SCE’s workers’ compensation 8 claims history to determine the future cost of claims. 9 TURN has indicated in its testimony that recent changes in legislation have 10 lowered SCE’s reserve, specifically the passage of SB 899.34 However, as indicated earlier 11 in SCE’s rebuttal testimony in response to ORA, there are currently approximately 18 12 bills related to workers’ compensation introduced in this legislative session -- many of 13 which are aimed at reversing the reforms enacted in 2003 and 2004. Additionally, 14 TURN’s “bad form” forecasting method overlooks the weekly benefit increases for 15 temporary disability, permanent disability, and survivor benefits increased from $602 per 16 week in 2003 to $728 per week in 2004 and $840 per week in 2005. Further, effective 17 January 1, 2005, SB 899 mandates that employers are liable for up to $10,000 in medical 18 costs per claim until each claim is denied, even if the claim is subsequently found not to be 19 work related. More recently, the May 12, 2005 the California Workers’ Compensation 20 Institute Bulletin informed its members that emergency regulations have been filed which 21 require revising physician fees for services rendered to injured workers on or after May 14, 22 2005. The increase in fees is required in order keep fee schedules from falling below 23 Medicare allowances. In other words, SCE will be incurring increases in the maximum 24 allowable physician fees for services rendered after May 14, 2005. 34 Id., pp. 50, 52. 22 1 In summary, TURN’s “bad form” forecasting methodology should be rejected 2 because it is solely based upon 2004 data, which fails to take into consideration recent 3 legislative challenges to workers’ compensation reform, 2005 fee updates and an increase 4 in the number of claims being filed. Furthermore, TURN’s forecast is not based upon any 5 acceptable actuarial standards of practice and is not consistent with any known insurance 6 industry forecasting methodology that SCE is aware of. TURN’s approach is 7 unacceptable, unreasonable and, cannot be justified. 8 9 Finally, the Commission should reject TURN’s proposed balancing account treatment. First, unlike traditional balancing accounts, SCE would receive, at most, 90% 10 (as opposed to 100%) of all expenses within 30% of the adjusted recorded 2004 reserve. 11 Such a balancing account treatment is unlikely to result in full recovery of workers 12 compensation reserve expenses. Workers’ compensation expenses are subject to numerous 13 regulatory requirements, and it is not necessary to mandate a new balancing account 14 which would require Commission oversight outside of the GRC. 23 1 V. 2 REGULATORY POLICY AND AFFAIRS 3 A. Introduction The ORA recommends a $1,742,000 reduction to SCE’s forecast for Account 920 4 5 labor costs in Regulatory Policy & Affairs (“RP&A”).35 ORA relies on historical data that 6 reflects an increased workload without a commensurate increase in staffing. ORA 7 apparently bases its recommendation on 2003 base year recorded labor costs, plus a 8 $677,000 five-year aggregate labor cost for RP&A functions performed out of SCE’s 9 Washington, D.C. office. SCE, on the other hand, used a budget-based approach to 10 develop its Account 920 labor forecast of $9.608 million. 11 B. ORA Errs In Its Recommendation To Reduce Labor Expenses In 12 Regulatory Policy & Affairs 13 ORA’s analysis is faulty in three ways. First, it does not dispute that SCE’s 14 workload has increased.36 Yet, it “considers” staffing levels “sufficient.”37 Apparently, 15 ORA has considered neither the emergency cost-saving measures during the energy crisis 16 nor the increase in regulatory activity in its aftermath. In fact, SCE experienced a 62% 17 increase in Advice Letter filings from 1995 to 2003. The CPUC and the State continue to 18 debate issues of market design and reliability. Preliminary decisions indicate that the 19 CPUC is interested in increasing the role and requirements of investor-owned utilities to 20 ensure reliability.38 These will result in a whole new area of filings to demonstrate 21 compliance with CPUC decisions. 35 ORA’s Report on the Results of Operations, Volume 1, pp. 10-C-12 through 10-C-14. 36 “During the test year SCE will have several regulatory proceedings that will close and SCE expects that other proceedings will expand and new issues will emerge.” ORA’s Report on the Results of Operations, Volume 1, p. 10-C-14. 37 Id. 38 For example, see ALJ Walwyn December decision in the Long-Term Procurement proceeding 04-04-003 (D. 04-12-048). 24 1 SCE’s RP&A has not been fully staffed for several years. Due to the energy crisis, 2 and in an effort to seek more stable rates in its aftermath, SCE did not request an 3 increase in this area sooner. Now it is trying to more adequately staff a function critical to 4 its operations as a regulated entity. 5 Second, ORA fails to acknowledge that a more robust compliance program serves 6 the interests of ratepayers by assuring consistency with regulatory requirements. In the 7 past, SCE’s Regulatory Compliance group has focused on external audits and 8 investigations as vehicles to enhance compliance. SCE’s recent investigation into 9 reporting of data for Performance Based Ratemaking has informed a decision to take a 10 more proactive approach to compliance. Rather than rely solely on a diagnostic model of 11 audits and investigations, SCE recognizes the need to revamp its compliance program to 12 ensure greater scrutiny of filings and to keep up with complex regulatory decisions. This 13 can only be accomplished through the more adequate staffing requested by SCE in several 14 areas of RP&A. 15 SCE recognizes that this critical need cannot go unaddressed. In 2004 and 2005, 16 SCE took steps to manage increasing workloads by hiring employees in the areas listed 17 below. This increased staffing provides greater assurance that filings will be adequately 18 prepared and reviewed prior to submission to the CPUC. Without the positions listed in 19 the table below, SCE’s ability to respond to regulatory requirements would be severely 20 hampered. 25 RP&A Division Full-Time Equivalents Revenue & Tariffs (Pricing Design & Research) 3 FTEs in 2004 Revenue & Tariffs (FERC Rates & Regulation) 1 FTE in 2004 Regulatory Affairs 1 FTE in 2004 and 1 in 2005 Regulatory Compliance 2 FTEs in 2005 Total 8 FTEs in 2004 and 200539 Third, ORA reduces labor and associated costs of the Washington, D.C. office by 1 2 $677,000 without explanation. As best SCE can determine, it appears that ORA’s 3 calculation is based on the total recorded labor costs for a five-year period, rather than 4 one-year recorded costs of $132,000.40 The work performed by those employees involves 5 representation before the Federal Energy Regulatory Commission. These are allowable 6 costs pursuant to the CPUC and FERC-approved jurisdiction allocation methodology.41 7 Unless the CPUC is prepared to reverse itself on that matter, the costs associated with 8 these employees should remain. 39 Note that ORA references a 6-employee increase in its testimony at 10-C-3, but an SCE Data Request Response specifies 8 positions, 6 MPP2s and 2 Managers. See SCE Response to DR-ORA-67, Question 03, b. 40 RP&A’s recorded costs for Washington, D.C. operations from 1999 through 2003 total $677,000 (or $132,000 per year). These costs represent 33% of an administrative assistant and 65% of a Director responsible for FERC-related work over the five-year recorded period. In Footnote 210 on page p-10-C13 of ORA’s Report on the Results of Operations, ORA references a one-time adjustment of lease costs associated with the Washington, D.C. office as background for its recommendation that labor costs also be reduced. Although a small portion of the Washington, D.C. office lease should be attributed to ratepayers, we have decided not to request recovery of these costs. 41 See SCE-08, Volume 1, Results of Operations, p. 17, lines 8-12 (D. 04-07-022). 26 1 VI. 2 ENVIRONMENTAL, HEALTH & SAFETY 3 A. Introduction For TY 2006 RP&A/EH&S forecasts $8.178 million in expenses necessary to carry 4 5 out its responsibilities. The ORA is recommending a decrease of $1.7 ($1.678) million for 6 a total of $6.491 million, or a 21% reduction. The ORA took no issue with SCE’s forecast 7 for Account 920 for labor expenses, including the increased number of EH&S personnel 8 at 11 positions (see ORA 10-C-15; SCE Reply to DR-ORA-14, Question 07(D) “EH&S 9 New Position Justification”). However, ORA’s proposed $1.7 million decrease would reduce funding of our non- 10 11 labor expense for new EH&S personnel and eliminate new and necessary projects that 12 would be undertaken by them. The work that would be eliminated by ORA is required to 13 i) protect public safety, ii) ensure compliance with existing EH&S requirements, 14 iii) enhance employee safety, and iv) develop a system-wide approach to obtaining 15 necessary environmental permits. In addition, for FERC Account 925 which covers 16 Corporate Safety, ORA seeks to reduce four of our proposed positions, two for industrial 17 ergonomics and two for safety data analysis and reporting. This proposed reduction in 18 Account 925 directly conflicts with ORA’s failure to take issue with the overall proposed 19 increased in EH&S staffing levels (see ORA 10-C-15). SCE has clearly articulated the 20 justification for the additional personnel. (SCE Reply to DR-ORA-114, Question 07(b)). 21 We believe that the ORA’s testimony is based on the use of inappropriate forecast 22 methods for our FERC Accounts. ORA does not provide adequate justification for the 23 proposed reductions, nor do they propose alternatives for meeting our EH&S operational 24 requirements. Our objections to ORA’s proposed reductions are discussed below. 25 B. ORA Uses Unjustified And Inappropriate Forecast Methods 26 ORA has selected different forecast methods for FERC Accounts 921, 923, and 27 925. SCE used the “budget-based” method to develop our forecast for these accounts 27 1 because the “last recorded year” plus “new incremental expense” is the most accurate 2 approach to estimating the cost of these new programs. The impacts of ORA’s proposal 3 on EH&S programs are shown in Table 1. Table VI-1 Impacts Of ORA Proposal On SCE EH&S Programs F ERC Ac c o u n ts F ERC Ac c o u n t 920 La bor F ERC Ac c o u n t 921 Non -La bor S CE ORA F o re c a s t F o re c a s t 2006 ($000) 2006 ($000) $3,711 $3,711 F ERC Ac c o u n t 925 Co rp o ra te S a fe ty La bor Non -La bor Gr a n d Tot a l $0 P ro g ra m Im p a c ts Non e LRY $1,996 $1,641 $355 5-Yea r Aver a ge F ERC Ac c o u n t 923 Non -La bor Me th o d S CE Re qu e s te d In c re m e n ta l In c re a s e Ov e r ORA ($000) $980 $172 $1,491 $967 $1,111 $657 $808 $250k will elim in a t e pu blic sa fet y m a t er ia ls for 'F ir st Respon der s', Agr icu lt u r a l Wor ker s, Ar bor ist s, a n d Con st r u ct ion Wor ker s $250k will elim in a t e m a t er ia ls a n d ext er n a l con su lt a n t s t h a t su ppor t E H &S r egu la t or y com plia n ce $100k will elim in a t e a bilit y t o a ssist Ca lifor n ia Depa r t m en t of E du ca t ion in pr epa r in g E MF 'F ield Ma n a gem en t P la n s' for n ew pu blic sch ools $208k will elim in a t e a bilit y t o develop syst em -wide en vir on m en t a l m it iga t ion t o im pr ove ou r a bilit y t o obt a in en vir on m en t a l per m it s $524 LRY $454 $380 $310 $70 $8,178 $6,491 $1,687 28 $227 will elim in a t e in du st r ia l er gon om ics pr ogr a m t h a t is n eeded t o pr even t st r a in s, spr a in s a n d cu m u la t ive t r a u m a wor k in ju r ies $227 will elim in a t e sa fet y a n a lysis a n d r epor t in g im pr ovem en t s t h a t a r e design ed t o im pr ove t h e effect iven ess of ou r sa fet y pr ogr a m in t h e pr even t ion of wor k in ju r y. $70 will elim in a t e t h e a bilit y t o do er gon om ic field sit e a ssessm en t s 1 C. FERC Account 921 This account represents the non-labor expense corresponding to Account 920. In 2 3 our 2006 TY, EH&S forecasts $1.996 million. ORA is recommending $1.641 million for a 4 difference of $355,000, or an 18% decrease. ORA’s argument for using 2003 recorded 5 costs as the basis for forecasting this expense is that: “in 2003, costs in this account 6 increased $611,000 over the previous year and no explanation was given as to why this 7 was the case.” Most of this difference (i.e., $456k) is accounted for in the one-time 8 reduction of non-labor expense in the 2002 EMF budget. This reduction was specific to 9 that year, and these non-labor expenses were subsequently restored in 2003. The other 10 decreases in 2002 reflected companywide budget cuts due to the energy crisis. EH&S 11 has requested additional non-labor funds to support seven new EH&S personnel and 12 ORA does not take issue with EH&S’s forecast for Account 920. (See ORA 10-C-15). The 13 ORA’s testimony incorrectly assumes that the 2002 decreases were due to reduced 14 program needs rather than a one-time budget constraint during the energy crisis. The 15 restoration of these costs in 2003 should not be seen as a budget increase to support on- 16 going EH&S work. Instead, additional non-labor budget is needed to support the seven 17 new EH&S personnel. 18 D. 19 FERC Account 923 This account is used primarily to fund outside consulting services that are 20 performed more effectively than using permanent SCE Staff. These consultants can 21 provide specialized expertise for discrete projects in areas where maintaining such 22 expertise in-house is not cost effective. Additionally, Account 923 funds the production 23 of public safety materials by outside vendors. This practice is more cost effective than 24 developing and producing the materials in-house. 25 Our TY 2006 forecast was for $980,000; the ORA is proposing $172,000 for a 26 difference of $808,000, or a crippling 83% proposed reduction. EH&S seeks support for 27 our requested GRC funding levels to protect public safety ($250k), support California 29 1 Department of Education EMF requirements for new public schools that are located near 2 SCE transmission facilities ($100k), ensure compliance with existing and more 3 demanding EH&S requirements ($250k), and to obtain environmental permits more 4 expeditiously ($208k). These funds will be used to perform work more effectively by 5 external consultants. ORA’s supposition that increased staffing levels obviate the need 6 for consultants is incorrect. Finally, ORA’s proposed forecast (based on a five-year 7 estimate) does not take into account important new EH&S programs. Two of the five 8 recorded years were highly anomalous as a result of the energy crisis and therefore skew 9 results of the average and grossly under-fund the account, as seen in the discrepancy 10 between the two forecasts. 11 E. 12 FERC Account 925 – Employee Safety This is the account where EH&S records Corporate Safety, labor and non-labor 13 expenses. EH&S has forecast a total of $1.491 million for TY 2006, and ORA has 14 proposed $967,000, with a difference of $524,000, or a 35% decrease. The ORA proposal 15 would eliminate $226k for two positions needed to improve the analysis and reporting of 16 Corporate Safety activities, and reduce $228k in labor expense for two Industrial 17 Ergonomists, who are needed to prevent work-related injuries. The ORA’s position here 18 is not consistent with their testimony (see ORA 10-C-15), which did not oppose our 11 19 new EH&S positions, four of which are located in the Corporate Safety area. Over time, 20 as our work force ages and mechanization replaces direct work, the rate of acutely 21 traumatic work-related injuries will decrease as cumulative injuries rise. The field of 22 industrial ergonomics will develop new ways to prevent these work-related injuries from 23 occurring. ORA’s proposal would eliminate $70k for non-labor expenses to support this 24 important work. EH&S seeks to improve our ability to analyze work injury data to 25 strengthen Corporate Safety programs. To be effective, our safety professionals will 26 need to evaluate specific work tasks and tools, and develop alternative methods of doing 27 field work. These evaluations and assessments will be used by Corporate Safety 30 1 management with responsibility for oversight of safety performance; Business Unit line 2 management; Business Unit safety managers; and general personnel in order to prevent 3 work injuries to themselves and to others. SCE believe the ORA’s forecast, based on the 4 “last recorded year,” is inappropriate because it does not consider the need for additional 5 programs to help prevent work-related injuries. 31 1 VII. 2 PUBLIC AFFAIRS 3 A. Introduction Only ORA has proposed adjusting the Public Affairs Department’s (PA) $9.145 4 5 million request in this General Rate Case (GRC). ORA recommends that the Commission 6 reduce SCE’s request by an additional 25 percent over the PA self-imposed shareholder 7 exclusions it already reflects. ORA’s reliance on a citation to the Commission’s 8 D.04-07-022, which decided SCE’s 2003 GRC, should be rejected because PA’s request 9 already reflects shareholder exclusions that ORA does not address. Moreover, ORA’s 10 proposed disallowance is not based on the “evidence” ORA cites in its testimony. ORA’s proposed 25 percent reduction to SCE’s request of $9.145 million overlooks 11 12 an essential fact: The total direct labor and non-labor O&M forecast for the PA 13 Department in base year 2003, before SCE’s self-imposed shareholder reductions, was 14 $12.257 million. The Washington and Sacramento Offices’ costs of $2.418 million were 15 excluded from the GRC request. In addition, $173,000 in one-time 2003 PA local lobbying 16 expenses and $298,000 in local PA non-labor expenses were excluded. Finally, $1.064 17 million (14 percent) in local PA labor expenses were also excluded based on a 2004 time- 18 tracking study, leaving a GRC request of $9.145 million.42 ORA proposes to reduce an additional $2.286 million (25 percent), based not on the 19 20 strength of the evidence, but instead by rote citation to the Commission’s “split-the- 21 difference” decision in SCE’s 2003 general rate case. Taking ORA’s suggestion this year 22 would, in fact, result in a 36 percent reduction because ORA totally disregarded the $1.535 23 million already charged to shareholders for local PA activities.43 ORA’s invocation of the 42 See Workpaper at SCE-18, Chapter VII, Part I, p. 1 for Summary of PA reductions leading to PA $9.145 million request. 43 The 36 percent reduction does not include the $2.48 million for the Washington and Sacramento offices charged to shareholders. See Workpaper at SCE-18, Chapter VII, Part I, p. 2 for calculation of the 36 percent. 32 1 prior decision is inappropriate. PA’s 2006 request is based on different components and 2 PA has been reorganized since the 2003 GRC. Figure VII-1 Impacts Of Existing And Proposed Shareholder Reductions 14 12.3 $ in Millions 12 10 8 0.8 9.1 2.8 (2.4) 6.3 (1.5) 6 4 2 0 2003 Washington- Local PA Fill Vacant & SCE GRC Recorded Sacramento Adjust New Expense Adjust Positions 3 1. ORA Add'l Adjust ORA Forecast ORA’s Reduction Proposal Is Premised Upon Errors And 4 Misunderstandings 5 In recommending an additional 25 percent reduction in the SCE local PA 6 Department’s already triple-discounted request, ORA incorrectly: (1) disregards the $1.535 7 million PA has already charged to shareholders, and excluded from its request, as well as 8 an additional $2.4 million adjustment to remove expenses for our Washington/Sacramento 9 offices; (2) summarily and without analysis rejects PA’s request for necessary staff 10 increases in 2004 and 2006, even though the increased staffing would still have PA 11 staffing well below the 1999 level; (3) mistakenly relies on and misidentifies a number of 12 errors in a 2003 pilot time-tracking study, attempting to discredit SCE’s request, when a 13 more comprehensive final 2004 time-tracking study was the one actually utilized to 14 allocate PA’s activities between ratepayers and shareholders; and (4) attempts to provide 15 only selected time-tracking entries or disregards the ratepayer purpose for the activities. 16 In addition, ORA recommends a $1.982 million reduction in requirements for franchise 17 fees, even though the increased franchise requested costs are driven by unavoidable 33 1 statutory increases in franchise fees for agreements that will be renewed in 2006 and will 2 have to be paid not just over part of the year 2006, but over all of 2007 and 2008 as well. 2. 3 ORA Improperly Disregarded PA’s Need To Fill Six Vacancies That 4 Existed At The End of 2003 And To Add Five New Positions In 2006 5 In its recommendations, ORA also concludes that, “SCE’s current staffing 6 level of 93 should be sufficient enough to address the test year needs for its PA 7 Department.”44 ORA did not address the PA testimony on pages 32-34 of SCE-7, Volume 8 4, which establishes the need to fill six vacancies or leaves-of-absence positions that 9 existed at the end of 2003 and to add five more positions in 2006. In attempting to support 10 its claim of a downward trend in PA labor costs, ORA disregards the six vacancies or 11 leaves-of-absence that existed at the end of 2003. All six of these vacancies or leaves-of- 12 absence were filled in 2004; this is consistent with PA’s budget-based projected growth for 13 2004. Therefore, the alleged downward trend upon which ORA relies in asking the 14 Commission to reject PA’s request for $841,000 in additional labor and non-labor expense 15 in the test year is without basis. 3. 16 One-Time Local PA 2003 Lobbying Activities Adjustment Charged To 17 Shareholders Was Performed Correctly 18 Citing PA’s response to a Data Request, ORA alleges that PA has taken 19 inconsistent positions in its testimony and DR response (DR-ORA 30 – Question 2d) as to 20 whether ratepayers or shareholders were charged for a legislative activity.45 The DR 21 response had an omission and because the word “not” before the word “include” was 22 missing, the answer should have read, “Legislative activities (performed by local PA 44 ORA Report, Volume 1, p. 10-H-4, lines 3-6. 45 Id. at pp. 10-H-5, lines 27 and 28 and 10-H-6, lines 1-5. 34 1 employees) which are not included in SCE’s request” (emphasis added). There is, in fact, 2 no inconsistency.46 In addition, ORA failed to acknowledge that PA did charge most of its 3 4 lobbying activities relating to municipalization to shareholders and cites SCE’s response to 5 DR-ORA-30, Question 6.47 In its response to Question 6c, PA stated, “PA tracked its time 6 spent by its employees on Corona (2,080 hours), Irvine (141 hours) and Moreno Valley (232 7 hours) municipalization lobbying activities and charged to shareholders that time spent.” 8 PA then stated that it had subsequently found that four RMs involved in municipalization 9 lobbying did not charge their time to shareholders. These RMs spent 369 hours on 10 municipalization lobbying activities and PA will deduct the labor dollars for these hours 11 from its request.48 4. 12 SCE 2004 Time-Tracking Study Was Performed Correctly - The 2003 13 Time-Tracking Study Was A Pilot Program 14 In an important tacit concession to PA’s effort to address the 2003 GRC 15 decision, ORA’s proposal to discount PA’s request is not based on any fundamental 16 objection to PA’s effort to create the “bright line” between local PA shareholder and 17 ratepayer activities found to be missing in the 2003 GRC Decision. Instead, ORA’s 25 18 percent adjustment is based on a limited number of allegedly misclassified entries. 19 However, they are entries from the wrong time-tracking study. ORA erroneously relies on 20 the limited 2003 pilot time-tracking study and does not address the 2004 comprehensive 21 final time-tracking study that is the basis for the ratepayer-shareholder split PA General 22 Rate Case request. The result of that 2004 study, which formed the basis of SCE’s 23 request, has not been addressed by ORA and should be adopted. 46 SCE pointed this out in our later DR proposed to ORA, but ORA nevertheless refused to abandon its position. A copy of this data request is provided in Appendix A to this rebuttal. 47 ORA Report, Volume 1, pp. 10-H-6, lines 16-28. 48 This represents 13 percent of the total 2,822 hours tracked in the pilot. 35 The 2004 final time-tracking study had 11,594 entries, which tracked the 1 2 time of 66 PA employees in 15-minute intervals for 35 different job activities over a period 3 from April 15, 2004, to June 2, 2004. The study was used to allocate costs between 4 ratepayers and shareholders at the 86 percent/14 percent level. In its testimony, ORA 5 relied on the earlier pilot program that used a fall 2003 time frame and had only 6,736 6 entries for 60 employees. ORA identifies a limited number of entries in the pilot study it 7 says were categorized incorrectly, and concludes that all the results of the entire study 8 should therefore be rejected. The purpose of the pilot study was implemented to test the 9 entire study approach with the PA personnel and to “work out the bugs.”49 Therefore, 10 ORA’s attempt to rely on that study is misplaced and should be disregarded. 50 Even in attempting to undermine the 2003 study time-tracking results, ORA: 11 12 (1) mischaracterizes many of the time-tracking entries; and (2) overlooks or denies the 13 ratepayer purposes for the activities. In this section, PA will address one example relating to each of these 14 15 mistakes by ORA and has provided a work paper with a table addressing many more of 16 the misleading statements and misunderstanding by ORA.51 a) 17 ORA Mischaracterized Many Of PA’s “Educating” And Monitoring 18 Time-Tracking Entries 19 One example alone demonstrates that ORA’s testimony is misleading 20 and should be rejected. ORA selectively quotes “Meeting/discussion regarding SCE 49 In addition, the 2004 study was completed after the local PA Department was restructured. See SCE-7, Volume 4, Footnote 4, p. 7. 50 Following the 2003 Pilot Study, additional training was given to the 2004 study participants and additional categories were added in response to the results of the pilot study. 51 See Workpapers at SCE-18, Chapter VII, Part 1, pp. 3-5 for a table citing further misleading quotes or misunderstandings, including the fact that the Region AOR Big Creek (“High Sierra Workshop”) Trips are an appropriate ratepayer activity because they are utilized to educate local officials on utility issues impacting their local governments, such as present and future rates and to determine how current and future issues facing cities relate to SCE. 36 1 charitable contributions.”52 In fact, the complete tracking entry states, “Meeting with 2 Signal Hill Forestry to discuss PROACT, GRC, and DWR energy rebates. Also, discussed 3 charitable contribution request for Being Alive Long Beach.” The primary purpose of the 4 meeting was to educate a government official about energy issues and the ORA’s selective 5 use of only a portion of the quote is misleading. b) 6 ORA Misunderstood The Ratepayer Purpose For Many “Educating” 7 And Monitoring” Time-Tracking Entries 8 For example, ORA cites “Spot Municipalization strategies 9 meeting/activities for Moreno Valley, Beaumont, Oxnard, Victorville, etc.”53 In PA’s 10 original testimony, on page 29, lines 3-8 of SCE-7, Volume 4, PA describes the general 11 education that was provided to cities in 2003 relating to potential municipalization 12 activities. Cities are SCE customers and request our assistance in order to make 13 knowledgeable decisions about forming a municipal utility. A wrong decision could not 14 only adversely affect the city, but SCE’s existing customers within the city. 15 The same is true for “Monitoring” Spot municipalization activities.54 16 PA’s monitoring of municipalization activities addresses a Company need to understand 17 how municipalization will impact SCE. For example, the Energy Commission requires 18 SCE to project as part of SCE’s long-term procurement program the potential bypass due 19 to municipalization. In addition, the takeover of SCE’s facilities or a portion of its service 20 territory raises Municipal Departing Load and resource adequacy issues as well as 21 potential condemnation impacts, including compensation and public interest matters. 22 Therefore, the monitoring of municipalization activities is an appropriate ratepayer 23 function. 52 See ORA Report, Volume 1, p. 10-H-8. 53 Id. at p. 10-H-8. 54 Id. at p. 10-H-9, lines 8-10. 37 c) 1 Even If ORA Was Correct, The Hours Related To Alleged Mistakes In 2 The 2003 Study Do Not Support A 25 Percent Reduction 3 Even if ORA was totally correct, the 2003 time-tracking hours for all 4 the alleged incorrect entries would represent only six percent of the total hours spent, not 5 25 percent.55 5. 6 ORA Proposal To Reduce The Franchise Factor Should Be Rejected ORA’s assertion that PA’s franchise fee factor of .8930 percent should be 7 8 rejected in favor of a lower .8737 percent would require SCE’s shareholders to absorb some 9 $2,824 million per year for years 2007 and 2008 in increased franchise fees SCE will have 10 to pay the counties of Los Angeles and San Bernardino beginning in 2006 after the 11 Company’s current Broughton Act franchises – which pay a fee based on two percent of 12 facilities – expire in December and June 2006, respectively, and are replaced – as by law 13 they must be – with 1937 Franchise Act franchises paying one percent of gross receipts.56 14 In order to avoid this under collection, PA proposed the averaging approach in years 2006, 15 2007 and 2008 as set out in its testimony.57 This forecasting method normalizes the 16 change over the three-year GRC cycle ensuring not only that ratepayers are not 17 overcharged, but that SCE recovers the cost-increase over the three-year GRC cycle. 18 Offering no alternative, ORA would simply have SCE’s shareholders absorb one of the 19 most basic costs of a utility’s operations, that of the franchises it must have in order to 20 locate its facilities in local streets and public rights-of-way.58 55 See Workpapers at SCE-18, Chapter VII, Part I, p. 6 for factual support and calculation of six percent. 56 See ORA Report, Volume 1, at pp. 10-H-9 lines 26-30, through 10-H-12 lines 1-6. 57 See SCE-7, Volume 4, pp. 40-41. 58 In ORA’s response to SCE-ORA-08, ORA simply chose not to answer the portion of the data request that asked, “Does ORA contend those higher franchise fees should be borne by SCE shareholders?” 38 1 VIII. 2 ENERGY SUPPLY & MANAGEMENT 3 A. Introduction In Chapter 11-A of its Report, ORA recommends an Energy Supply and 4 5 Management (ES&M) 2006 expense level $1.671 million below SCE’s forecast. ORA’s 6 recommendation should be rejected because its proposed reduction to SCE’s forecast 7 expense is inappropriate, as discussed below. 8 B. 9 ORA’s Labor Adjustment Is Incorrect SCE is pleased that ORA recognizes the importance of adequately staffing ES&M. 10 However, in calculating the labor cost associated with 145 FTEs forecast by SCE, ORA 11 uses an incorrect average labor rate. 12 SCE’s 2003 labor rates were based on actual salaries paid in 2003 to ES&M 13 personnel in certain job classifications. These rates are shown on page 43 of SCE’s 14 workpapers and are summarized below. Table VIII-2 Summary Of Forecast ES&M Labor Costs Average # Of FTEs 2003 Labor Rate: Thousand $/FTE 2006 Expense: Thousand $ Business Analyst Tech. Spec. & Fin. Analyst Power Sys. Planner & Spec. Project Manager Manager 1 & 2 Manager 3 & Exec. 13 29 37 49 11 6 66 85 85 102 115 135 858 2,465 3,145 4,998 1,265 810 Total 145 93.39 13,541 Job Classification 15 ORA’s labor expense recommendation is less than SCE’s because ORA calculated its 16 2003 average labor rate incorrectly. ORA calculated its proposed labor rate by dividing: 17 (a) recorded/adjusted 2003 labor expense of $ 9.694 million, which represents ES&M’s 18 total labor cost during 2003, by (b) a year-end, rather than average, 2003 FTE level. This 19 calculation understates ES&M’s average 2003 labor rate because more FTEs were 39 1 employed at the end of 2003 than at the beginning of the year. As discussed in SCE’s 2 opening testimony, ES&M added 16 FTEs to its staff during 2003.59 Averaging 95 FTEs at the beginning of 2003 with 111 FTEs at year-end results in 3 4 an average 2003 FTE count of 103. Correcting ORA’s methodology by replacing 111 FTEs 5 with 103 FTEs produces an average 2003 labor rate of 94.12, which is higher than the 6 93.39 rate used by SCE and would yield a higher ES&M labor cost than SCE had forecast. 7 C. ORA’s Consultant Adjustment Assumes 2006 Refunds With No Justification 8 And Ignores Future Consulting Expenses SCE Will Incur Because Of The 9 Commission’s Recent Long-Term Procurement Plan Decision As SCE has demonstrated, actual consultant expenses incurred by ES&M during 10 11 2002 and 2003 were $3.123 and $3.067 million respectively.60 Based on ES&M’s approved 12 2004 budget, ES&M expected 2004 consultant expense to increase to $3.46 million. ES&M 13 forecast consultant expenditures remaining at the $3.4 million level during 2005 and 14 2006. In developing 2002 and 2003 recorded/adjusted ES&M consultant expenses, SCE 15 16 deducted ES&M consulting costs associated with one-time refunds received—pursuant to 17 Federal Energy Regulatory Commission (FERC) proceedings—from El Paso and Reliant.61 18 SCE made these consulting cost adjustments because its consultants performed studies 19 that contributed to the successful resolution of the proceedings against these companies on 20 terms favorable to California. In developing its forecast of 2006 consultant costs, ORA 21 relied on ES&M’s 2003 recorded/adjusted data which includes these refund-related 59 See SCE-7, Volume 5, p. 6. 60 See SCE-7, Volume 5, Chapter I workpapers, p. 46. As shown therein, these consulting expense figures are in constant 2003 dollars, before being adjusted to: (1) deduct $1.388 million and $0.436 million for FERC proceeding-related refunds in 2002 and 2003, respectively; and (2) deduct $177,000 and $24,000 for accounting reconciliation adjustments made during 2002 and 2003, respectively. 61 See SCE-7, Volume 5, Chapter I workpapers, p. 46. The El Paso refund received by SCE in 2002 was $1.245 million. SCE received refunds of $0.143 million and $0.436 million from Reliant in 2002 and 2003, respectively. 40 1 consulting cost adjustments. As ES&M does not typically receive refunds, it is not 2 appropriate to rely on recorded/adjusted data that includes the effect of such refunds in 3 forecasting 2006 consulting expenses. Indeed, the proceedings that led to the one-time 4 refunds were investigations of market conditions and behaviors that preceded or existed 5 during the 2000/2001 energy crisis, and neither SCE nor ORA are forecasting a repeat of 6 these conditions and behaviors between now and 2006. Accordingly, ORA’s 2006 forecast 7 of ES&M’s consultant expenses should not be adopted. Additionally, ORA does not take into account the Commission’s recent long-term 8 9 procurement plan decision (D.04-12-048), which was issued after SCE prepared its GRC 10 forecast, but before ORA submitted its GRC testimony. This decision will very likely 11 result in a substantial increase in ES&M’s 2006 consultant costs beyond the level forecast 12 by SCE due to the decision’s requirement that SCE engage an independent evaluator (IE) 13 whenever a utility or a utility’s affiliate participates in a utility procurement solicitation. 62 14 Although SCE may not bid a utility project in every utility solicitation, SCE does not know 15 whether any of its affiliates, such as the Edison Mission Group (EMG), will choose to bid. 16 This is because to maintain fairness SCE has established protocols that preclude 17 communications between SCE personnel and corporate governance personnel at Edison 18 International (with certain prescribed exceptions) and personnel employed by affiliates on 19 matters relating to utility procurement solicitations. Accordingly, SCE must engage an IE 20 (at least initially) for every solicitation. If the utility and all its affiliates do not bid, then 21 SCE can terminate the IE’s engagement. If a utility or an affiliate does bid, however, the 22 IE engagement will last for the duration of the solicitation. Insofar as the Edison Mission 23 Group is active in the California market (for example, EMG owns the Sunrise project 62 See D.04-12-048 Findings Of Fact 94 and 95, Conclusion Of Law 29 and Ordering Paragraphs 28. This decision requires utility projects to compete head-to-head with non-utility projects in utility solicitations, and lifts the ban on participation by utility affiliates. 41 1 which is under contract to the California Department of Water Resources), it would not be 2 unexpected for SCE to receive a bid from that affiliate. 3 Based on the number of procurement solicitations SCE is likely to conduct in 2006 4 to serve its load, satisfy the Commission’s Resource Adequacy and Local Area Reliability 5 requirements, and meet the State’s Renewable Portfolio Standards, ES&M’s 2006 6 consulting costs for IE work alone could reach three million dollars.63 This recent decision 7 is an excellent illustration of why an adequate allowance for unpredictable consultant 8 expenditures is needed to fund procurement-related activities that cannot reasonably be 9 performed by ES&M staff. ES&M’s 2004 budget for consultant costs was based on the best information 10 11 available to SCE at the time the GRC forecast was prepared and is a better forecast of 12 2006 ES&M consulting expense, especially in view of the discussion above, than the 13 expense forecast by ORA. 14 D. For the reasons set forth above, the Commission should recognize the drawbacks 15 16 SCE’s Forecast Remains Robust inherent in ORA’s recommendation and adopt SCE’s ES&M forecast as presented. 63 This estimate assumes an IE cost of $600,000 per solicitation and five solicitations in 2006 (two five-year solicitations to serve load and meet the Commission’s requirements for Resource Adequacy/Local Area Reliability, one ten-year solicitation targeting new generation, and two renewables solicitations). 42 1 IX. 2 QUALIFYING FACILITIES 3 A. Introduction SCE requested $4,428,000 in expenses for Test Year 2006 for the QF Resources 4 5 Business Unit (QFR). ORA recommends a reduction of $289,833, for a total of $4,138,167. 6 ORA bases its proposed reduction on two recommendations. First, ORA recommends a 7 reduction of $65,833 in account 920 with respect to the salary for the addition of three 8 FTEs. Specifically, ORA asserts that the salary level for these FTEs should be based on 9 the average salary for the business unit rather than the market rate for the positions 10 being filled. Second, ORA recommends a reduction of $224,000 in Account 923 for 11 consulting services. This reduction maintains this account at 2003 base year levels. ORA’s recommended reductions should be rejected for the reasons discussed below. 12 13 14 B. Costs For New FTEs Largely as a result of increased activity in the area of renewable procurement and 15 related regulatory activities, QFR is currently hiring three new FTEs. As the Commission 16 and ORA are aware, activities in these areas have intensified during the last several years 17 as a result of a number of circumstances, including the enactment of Senate Bill (SB) 18 1078, the expiration of existing Qualifying Facility (QF) contracts and pricing issues 19 related to the expiration of five year amendments entered into between SCE and most of 20 its QFs during the energy crisis. The FTEs being hired will have their primary focus in 21 the areas of renewable procurement, procurement-related regulatory functions, and 22 contract administration to accommodate this increased activity. Judgments and decisions 23 made in each of these areas have the potential to affect ratepayer costs and achieve 24 ratepayer values for several years to come. Accordingly, QFR is seeking high quality 25 candidates with the substantive, technical and industry expertise to assist QFR in 26 achieving the best outcomes for ratepayers. Attracting the appropriate candidates 27 requires high-level job classifications commensurate with the responsibilities and 43 1 expectations associated with each of these job functions. Simply stated, the salary 2 required to fill these positions with qualified candidates is higher than ORA’s 3 recommendation to average the salaries of all current QFR employees. 4 SCE projected the costs associated with these positions using the 2003 Market 5 Reference Point (MRP) for the Job Family and Job Description for each position. 6 Specifically, the MRP for two of the manager positions (Program/Contract 3) is $93,600. 7 The MRP for the third manager (Project/Product 2) is $108,000. The total increase 8 associated with these three positions based on the market is $295,000. ORA’s 9 recommended averaging approach would result in a salary of $92,060 for each of the 10 positions, or a total of $276,190. This approach fails to recognize the difference in job 11 classifications, and also, if adopted, would place SCE at a competitive disadvantage in 12 seeking qualified candidates. 13 SCE also filled a 2003 vacancy in 2004 and significantly upgraded the position from 14 a Manager, Program/Contract job description to a Manager 3 level to account for 15 dramatically increased activities in the regulatory, legislative and procurement areas now 16 and in the foreseeable future in the renewable/QF area. This upgrade constitutes a more 17 than $46,000 increase requested over ORA’s recommendation. 18 The Commission should adopt SCE’s requested increases and reject ORA’s 19 recommended reductions. Policy decisions reflected in SB1078 have embarked the State 20 and its load serving entities on a course of renewable procurement that requires increased 21 attention. These activities did not exist prior to the effective date of SB 1078, and clearly 22 warrant the hiring activity now being undertaken by SCE. Additionally, the expiration of 23 five year pricing amendments entered into by SCE during the energy crisis with most of 24 its QFs, coupled with accelerating efforts at the Commission to address avoided cost issues 25 and QF pricing policy require significant attention within the QFR business unit. The 26 Commission should authorize SCE to seek the most qualified candidates at market level 27 salaries to augment SCE’s capabilities in these areas. 44 1 2 C. Consulting Costs SCE has requested $400,000 for consultant services, representing a 127.3% increase 3 over the 2003 level. SCE is the respondent or a participant in numerous, highly technical 4 proceedings pending before the Commission and the California Energy Commission (CEC), 5 concerning, among other things, RPS implementation, renewable procurement, 6 integration costs, avoided cost, transmission, Distributed Generation (DG), and Net 7 Energy Metering (NEM). In addition, SCE is actively engaged in policy level discussions 8 at both agencies and in the Legislature concerning a variety of subjects including, among 9 others, repowering, renewable energy credits and the Governor’s rooftop solar initiative. 10 In some of these areas, such as for example, implementation of the market price referent 11 methodology, and integration evaluation by the CEC, SCE’s experts have not only 12 provided consulting advice to SCE, but have produced work materials that have been 13 endorsed by the Commission and the CEC. 14 During the energy crisis, SCE substantially curtailed its Account 923 expenditures. 15 In 2003, as it began to regain its financial footing, SCE was able to rely increasingly on 16 outside consultants to assist QFR’s growing work demands and the need for technical 17 analysis associated with procurement activities and regulatory mandates. By way of 18 example, in 2004, SCE used consultants to assist SCE with several other technical issues: 19 modeling of wind forecasts to minimize the imbalance costs associated with the deviations 20 of scheduling SCE’s QF wind resources to the California Independent System Operator 21 (CAISO); assisting SCE in understanding the technical details of gas forward price 22 projections in order to provide critical input to the Market Price Referent portion of the 23 RPS proceeding; and assisting SCE in a critical evaluation of the CEC’s Renewable 24 Integration Cost models, which provides input to the RPS bid evaluation process for the 25 renewable solicitations. 26 27 SCE has requested an increase of $224,000 above 2003 expenditures, based on anticipated further increases in workload above the 2003 level. Among other things, SCE 45 1 anticipates a continuing higher level of workload in response to existing and possibly new 2 initiatives from the CPUC and CEC over the next several years. Among these are RPS 3 implementation at the CPUC and the CEC, the Integrated Energy Policy Report at the 4 CEC, the Energy Action Plan, new compliance requirements imposed by the CPUC and 5 the CEC, the short-run avoided cost (SRAC) proceeding and the expiring QF contract 6 proceeding. Additionally, SCE anticipates that substantial new work will be involved in 7 performing RPS solicitations and new requirements in the event Renewable Energy Credit 8 (REC) trading is implemented. SCE will hire consultants to handle the increased work 9 responsibilities as well as use their expertise to determine the technical viability of 10 various generating resources. SCE has recently committed to negotiating repowering of 11 existing wind QF contracts. SCE will require the use of consultants to advise SCE on the 12 technical viability of specific wind resources. 13 From a practical perspective, it is more cost-effective for SCE to contract on a short- 14 term basis with outside consultants with the expertise to evaluate technical aspects of a 15 study rather than to add a technical expert to SCE’s labor base as a FTE. Therefore, 16 SCE’s requested increase in this account reflects a balanced approach to QFR’s increased 17 workload. By relying on consultants for certain projects, SCE has been able to avoid 18 seeking even greater increases in FTEs, potentially at significantly higher salary levels 19 than requested above. Simply stated, the increase in consulting budget would more than 20 offset the salary increase that would be required with respect to FTEs capable of 21 performing the consultant’s work. Reliance on consultants rather than FTEs to perform 22 highly specialized, one-time tasks provides greater flexibility to QFR to control overall 23 costs in the short-term than hiring FTEs to meet these needs. 24 25 Under these circumstances, the level of consultant funding sought in this account is reasonable, and ORA’s recommendations should be rejected. 46 1 X. 2 RESOURCE PLANNING AND STRATEGY 3 A. Introduction ORA recommends that SCE’s test year request for Resource Planning & Strategy 4 5 (RP&S) be reduced from $2,309,000 to $2,095,629 (a $213,371 reduction). ORA relies on 6 analysis based on data from a data request to support its recommendation. ORA’s 7 analysis is faulty in three ways: 8 First, ORA states that RP&S is “overstaffed by one FTE.” This is factually wrong. 9 10 Second, ORA relies on 2004 actual recorded expenses assuming that the 11 staffing level for the group was constant throughout the year. In reality, 12 staffing levels increased by five FTEs during 2004. Thus, 2004 recorded 13 expenses significantly understate the amount necessary to support a full year 14 of operational activities that are performed by RP&S’s current staff. 15 Finally, ORA rejects a benchmark of $91,418 per FTE, indicating this 16 benchmark “seems high for a developing division.” ORA offers no support for 17 this conclusion, ignores previous GRC findings regarding this developing 18 division, and even worse, does not seem to understand the difficulty of finding 19 qualified staff for resource planning after the function was eliminated a 20 decade ago. Each of these errors will be addressed in greater detail below. 21 22 23 B. ORA Erroneously Concludes That RP&S Is Overstaffed By One FTE ORA’s conclusion regarding RP&S’ staffing level relies on SCE’s response to data 24 request DR-ORA-138, which shows staffing levels at the end of 2004. RP&S’ staffing level 25 for budgeting purposes was 16.4 at year-end 2004. The additional person included in the 26 data request response is part of a cross-training program and is not reflected in RP&S’ 47 1 budget. The organization chart below identifies each individual working in RP&S 2 including Sandra Blain, the person in the cross-training program. Figure X-2 Year-End 2004 RP&S Organization Chart Resource Planning & Strategy Resource Planning & Strategy Harold Ray Executive Vice President Stuart Hemphill Director of Resource Planning & Strategy 1 3 8.4 9.4 Mark Minick Generation Planning Manager Jacqueline Jones Demand Side Planning Manager Darell Holmes Transmission Planning Manager Robin Zamora Budgets & Acctg. Analyst* 3.4 Steve Powell Business Analyst 4.4 Amir Angha Business Analyst 5.4 Maggie Poon Business Analyst 6.4 Huong Vu Business Analyst 7.4 Sandra Blain Cross-Training Leadership Program Participant 10.4 Janos Kakuk Integrated Planning Manager Dorothy Wong Executive Assistant 11.4 Luis Pando Integrated Planning Manager 2 12.4 13.4 Mike Whatley Integrated Planning Manager Mark Nelson Strategic Projects Manager 14.4 Herbert Quan Manager Project/Product 15.4 Peter Yeung Manager Project/Product 16.4 Marco Velazquez Communication Specialist N/A Total FTEs = 16.4 * Shared with Business Planning & Development As of December 31, 2004 The cross-training person is compensated through Human Resources, not RP&S. 3 4 As can be seen in the organization chart above, only 16.4 FTEs worked in RP&S at year- 5 end, 2004. Accordingly, ORA’s conclusion regarding RP&S’ staffing level is wrong. 6 C. 7 ORA Erroneously Calculated RP&S’ 2004 Average Cost Per FTE Again, ORA relies on SCE’s response to data request DR-ORA-138 to support its 8 recommendation that the average cost per FTE for RP&S is $83,392. This analysis is 9 wrong in two major ways. First, as described above, ORA wrongly uses 17.4 FTEs in its 10 calculation of average cost per FTE. This is an error, as only 16.4 FTEs were employed by 11 RP&S at the year-end 2004. The effect of ORA’s error is to reduce the average cost per 12 FTE reflected in RP&S’ history by over $5,000 per FTE. 48 Second, ORA relies on RP&S’ 2004 recorded labor expenses of $1,451,000 to develop 1 2 its estimate of average cost per FTE. ORA’s use of this value for the development of an 3 average annual cost per FTE is flawed. Since additional FTEs were added to RP&S 4 throughout the year, 2004 recorded labor expenses understate the amount necessary to 5 support current staffing levels. Since RP&S hired individuals in March, April, May, June, 6 July, and August of 2004, none of whom had a full year’s salary incorporated into the 2004 7 recorded expenses, the recorded labor expenses used by ORA are low. The table below 8 shows the breakdown of labor expenses as requested for 2006, recorded in 2004, and 9 adjusted 2004 expenses, which reflect the amount RP&S would have required if all of its 10 staff had been employed in the department since the beginning of January 2004. Table X-3 Comparison Of Labor Expenses (Partial/Full Year) Total 2006 Requested ($ thousands) 2004 Recorded Partial Year ($ thousands) 2004 Corrected Full Year ($ thousands) $1,581 $1,451 $1,516 As the Table demonstrates, ORA’s failure to account for new hires in the recorded 11 12 year data leads to an understating of RP&S’ annual expenses by $65,000 per year. 13 D. 14 ORA Misunderstands The Challenges Of Staffing A New Division Lastly, in its testimony, ORA rejects a value of $91,418 per RP&S FTE because this 15 benchmark “seems high for a developing division.” This statement implies a belief that it 16 is cheaper to build an organization than to maintain one. This reasoning is faulty. 17 18 19 20 21 22 23 24 25 26 As stated in SCE’s 2003 General Rate Case testimony: Rebuilding Edison’s resource planning organization is a challenging but doable task. Most of the company’s resource planning talent has left the company, so recruiting outside of the company will be required. The initial plan is to recruit a small staff in 2003 and rely significantly on consultants until sufficient staff is assembled and trained. Initial budget estimates suggest about $2.6 million will be required. Staffing will consist of about 16 people, largely with backgrounds in economics and other analytical disciplines. Additionally, 49 Staffing the organization will pose a considerable challenge. Because of the limited in-house resource planning talent, Edison will likely need to search for new employees outside the company. This search will require on campus recruiting for entry-level staff, general job postings for experienced staff, and the deployment of retained search firms for highly talented staff.64 1 2 3 4 5 6 Indeed, it took 20 months to staff 16.4 employees with the skills necessary to 7 8 perform resource planning. Resurrecting the lost art of resource planning from a decade of 9 dormancy is not the same or easier than maintaining an existing staff. This organization 10 is a higher level organization than the organizations ORA identified and requires a higher 11 average cost per FTE, not a lower average cost per FTE as ORA claims. Even so, SCE’s 12 request for 2006 budget is $96,400 per FTE, which is $3,600 per FTE lower than what was 13 estimated in SCE’s 2003 General Rate Case. Overall, RP&S’ budget-based request for 14 both labor and non-labor expenses is almost $300,000 less than what was identified in the 15 2003 General Rate Case (i.e., $2,309,000 vs. $2,600,000). The CPUC found SCE’s request for RP&S expenses (i.e., $2.6 million) and staffing 16 17 plan as identified in the 2003 GRC to be “constructive and reasonably conservative”: Based on SCE’s showing in response to Commissioner Wood’s probing, we are confident that, to date, SCE has been taking reasonable steps to so position itself. Earlier this year, in the procurement proceeding, the Commission stated its expectations for IRP and encouraged the utilities to begin designing and creating the internal processes necessary to support IRP. (D.01-04-050, pp. 96-97.) SCE will clearly need IRP capabilities, and its plans to develop a fairly small organization with IRP capabilities and to institute oversight and coordination by the Resource Planning Committee strike us as constructive and reasonably conservative in light of current uncertainties.65 18 19 20 21 22 23 24 25 26 27 ORA has performed no analysis that would demonstrate anything different than 28 29 what the CPUC already found “constructive and reasonably conservative.” 64 SCE 2003 General Rate Case, Supplemental Testimony, Volume 1, pp. 39-40. 65 Decision 04-07-022, (mimeo) p. 305 (emphasis added). 50 1 2 E. Conclusion Using 2004 recorded data to forecast 2006 operations is problematic as the group 3 hired five additional FTE’s during 2004. Thus, 2004 recorded expenses significantly 4 understate the amount necessary to support current RP&S staffing and activity levels. 5 SCE’s request for RP&S reflects the minimum level necessary to adequately perform long- 6 term resource planning under a changing environment. ORA’s recommendation would 7 significantly impact the group’s ability to perform this function. Furthermore, ORA’s 8 recommendation is based on a misuse of data and incorrectly calculates an insufficient 9 expense level for RP&S. For all of the reasons stated above, ORA’s analysis should be 10 rejected. SCE’s estimate of $1,581,000 is a reasonable request to fund the resource 11 planning function necessary to meet the CPUC’s objectives of resource planning. 51 1 Appendix A Witness Qualifications 1 SOUTHERN CALIFORNIA EDISON COMPANY 2 QUALIFICATIONS AND PREPARED TESTIMONY 3 OF WILLIAM R. GAYLER 4 5 Q. Please state your name and business address for the record. 6 A. My name is William R. Gayler, and my business address is 2244 Walnut Grove 7 8 9 Avenue, Rosemead, California 91770. Q. Briefly describe your present responsibilities at the Southern California Edison Company. 10 A. I am currently a Manager in the Corporate Budgets Department of the 11 Controllers Organization for the Southern California Edison Company. 12 Q. Briefly describe your educational and professional background. 13 A. I received a Bachelor of Science degree in Business Administration from United 14 States International University in 1980. I began my employment with Southern 15 California Edison in 1981 as a Tariff Analyst in the Revenue Requirements 16 Department, now known as the Regulatory Policy and Affairs Department. In 17 1986 I transferred to the Capital Recovery Division of the Controllers 18 Organization primarily working on Rate Base issues. In 1988 I was transferred 19 to the Tax Department on a cross training assignment. In 1989 I returned to the 20 Revenue Requirements Department primarily working on revenue allocation 21 and rate design issues. In 1996 I returned to the Capital Recovery Division of 22 the Controllers Organization primarily working on Rate Base issues. In March 23 1999 I transferred to Corporate Budgets. 24 Q. What is the purpose of your testimony in this proceeding? 25 A. The purpose of my testimony in this proceeding is to sponsor portions of Exhibit 26 SCE-18, entitled Administrative & General, as identified in the Tables of 27 Contents thereto. A-1 1 Q. Was this material prepared by you or under your supervision? 2 A. Yes, it was. 3 Q. Insofar as this material is factual in nature, do you believe it to be correct? 4 A. Yes, I do. 5 Q. Insofar as this material is in the nature of opinion or judgement, does it 6 represent your best judgment? 7 A. Yes, it does. 8 Q. Does this conclude your qualifications and prepared testimony? 9 A. Yes, it does. A-2 1 2