RÉGIE DE L’ÉNERGIE FILE R-3398-97 APPLICATION RELATING TO LOI SUR LA RÉGIE DE L’ÉNERGIE, ARTICLE 167: METHODOLOGY FOR DETERMINING THE CONDITIONS OF ESTABLISHING AND IMPLEMENTING RATES FOR SUPPLYING ELECTRICITY EVIDENCE OF JOHN TODD ON BEHALF OF OPTION CONSOMMATEURS ET LA FÉDÉRATION NATIONALE DES ASSOCIATIONS DE CONSOMMATEURS DU QUÉBEC (FNACQ) MAY 5, 1998 INTRODUCTION Régie de l’énergie Article 167 (R-3398-97) -2- Evidence of John Todd The first paragraph of article 167 of An Act respecting the Régie de l’énergie (Loi sur la Régie De l’énergie, the “Act”) states: 167. On the proposal of Hydro-Québec, the Régie shall, within six months of the coming into force of this section, advise the Government on a procedure for the determination and implementation of rates for the supply of electric power in respect of a consumer or class referred to in section 52. Article 52 states: 52. In any tariff for the supply of electric power or natural gas, the rates and other conditions applicable to a consumer or class of consumers must reflect the actual cost of acquisition to the distributor or any other terms granted to the distributor by producers of electric power or natural gas or their representatives in consideration of the consumption of that consumer or class of consumers. A tariff may also reflect any other acquisition-related cost of the electric power or natural gas to the distributor. The Act appears to be consistent with the standard practice in other Canadian jurisdictions for setting rates for electricity and natural gas, which is to establish cost-based rates using an approach referred to as rate-base rate-of-return regulation. The standard practice consists of the following steps. Determine the regulated company’s total revenue requirement based on its · actual costs (essentially, current operating and maintenance expense, plus current depreciation expense at allowed rates of depreciation, plus the cost of capital1). 1 The cost of capital is equal to the actual cost of debt plus an allowed return on equity, at the allowed capital structure. For a investor-owned utility, the capital structure and the return on equity are based on capital market considerations - the return needed to attract new equity capital. In the case of government-owned utilities, the return that is allowed on the company’s equity, or retained earnings, relates more to debt market considerations, government/regulatory policy regarding financial soundness, distributions to government, etc.. Régie de l’énergie Article 167 (R-3398-97) · -3- Evidence of John Todd Allocate the costs to customer classes based on a formal cost of service study that functionalizes, classifies and allocates the company’s revenue requirement in a manner that reflects cost causality.2 · Design rates that collect revenues from each customer class that roughly accord with the costs allocated to each class. In general, regulators seek to keep the revenue-to-cost ratios of all customer classes receiving firm service within a zone of reasonableness.3 The process for setting cost-based rates is normally reviewed through a regulatory process that ensures transparency so that each customer class has the opportunity to review the companies’ cost allocation methodologies in detail. This review process is part of the regulators’ exercise of due diligence to ensure that rates are just and reasonable. Hydro-Québec’s Application and Proposal Hydro-Québec filed an Application, dated 20 February 1998, pursuant to article 167 which concludes: 2 The three steps in the cost of service study are: functionalize: expenses and rate base are separated by cost functions such as generation, transmission (domestic and export), sub-transmission, distribution, customer service and direct; classify: functionalized costs are separated by classes of costs such as energy (commodity), demand (capacity) and customer; and allocate: functionalized and classified costs are allocated to customer classes based on allocators such as annual energy consumption, seasonal energy consumption, peak day demand, seasonal/monthly/daily peak demand, number of customers. Different companies and jurisdictions used different cost functions and classes. A wide range of allocators are used by different companies and jurisdictions. These difference arise because cost of service studies require the exercise of discretion and judgement to ensure that each study reflects the unique cost characteristics of the company. 3 For example, it is common to rate rebalance if the revenue-to-cost ratio for any class is outside a zone or reasonableness of 0.90 to 1.10. Régie de l’énergie Article 167 (R-3398-97) -4- Evidence of John Todd IN CONCLUSION, HYDRO-QUÉBEC REQUESTS THE RÉGIE DE L’ÉNERGIE TO ADVISE THE GOVERNMENT AS FOLLOWS: THAT the procedure for the determination and implementation of rates for the supply of electric power be established in accordance with paragraphs 6 to 15 of this application.4 The essential elements of the Hydro-Québec proposal for the determination of rates appear to be as follows. Separate the generation, transmission 5 (TransÉnergie) and sales functions in the wholesale market. The cost of generation will be based on the implicit generation cost that is included in current rates, calculated as tariff L minus the approved transmission cost. The initial supply price (le prix initial d’acquisition de la fourniture) charged to customers by Hydro-Québec (the Distributor) will be based on the derived cost of generation, adjusted to reflect the load factor (le facteur d’utilisation) and the average loss rate (le taux de pertes moyen) of each customer or customer class. This approach implicitly assumes that current prices reflect costs, although current prices are not based on a cost of service model that has been subjected to public scrutiny. The supply price will be adjusted each year to reflect changes in the load factor and loss rates of each customer or customer class. The transmission cost will be TransÉnergie’s revenue requirement and the transmission rates will be based on this cost divided by the sum of the monthly peaks of the transmission network for 1998.6 4 The RNCREQ translation of the Application Concerning Hydro Québec’s Proposal to Establish a Procedure for the Determination and Implementation of Rates for the Supply of Electric Power, File Number R-3398-98, February 20, 1998, p. 5. 5 “Generation” and “transmission” are sometimes referred to as “production” and “transportation”, respectively. Régie de l’énergie Article 167 (R-3398-97) 6 -5- Evidence of John Todd Costs attributable to reconstruction resulting from the ice storm of January 1998 will be excluded. Régie de l’énergie Article 167 (R-3398-97) -6- Evidence of John Todd The Purpose and Structure of the Evidence The Régie de l’énergie (the “Régie”) has initiated this proceeding to assist it in preparing its recommendations to the Government regarding the procedure for the determination and implementation of rates for the supply of electric power, in accordance with article 167 of the Act. Option consommateurs and la Fédération nationale des associations de consommateurs du Québec (FNACQ) engaged John Todd to provide evidence that addresses the concern that the proposal of Hydro-Québec does not establish cost-based rates as is required by the Act. The evidence sets out an alternative approach that would be more consistent with the cost-based regulation methods used elsewhere in Canada. Mr. Todd, President of Econalysis Consulting Services, Inc., was engaged because he has specialized in the theory and practice of government regulation, re-regulation and de-regulation for 20 years. He has participated as an advisor or witness in over 100 proceedings before regulators including the Ontario Energy Board, the Public Utility Board of Manitoba, the British Columbia Utilities Commission, and the Canadian Radio-television and Telecommunications Commission addressing a wide range of matters related to regulatory methodology as well as working within a rate-base rate-of-return regulatory environment.7 The remainder of the evidence contains three sections. The first section discusses the rationale for adopting cost-based rates. This section also examines the impact that current trends in the North American electric industry – competition, restructuring and reregulation – have on the feasibility of maintaining regulatory regimes that rely on cost-based rates. 7 John Todd’s full curriculum vitae is available upon request. Régie de l’énergie Article 167 (R-3398-97) -7- Evidence of John Todd The second section describes procedures for developing cost-based rates for Hydro-Québec that would be consistent with the approach used in other major Canadian jurisdictions. The third section describes an approach that could be utilized in Quebec for streamlining the regulatory process and introducing efficiency incentives into the traditional rate-base rate-of-return (“RB-ROR”) regulatory methodology. Régie de l’énergie Article 167 (R-3398-97) -8- Evidence of John Todd THE RATIONALE FOR ESTABLISHING COST-BASED RATES The primary role of most regulators with rate-setting powers8 is to ensure that the rates that are set for each customer, or customer class, are “just and reasonable”. A widely accepted view of cost-based rates is that rates charged any customer or class of customers should reflect the costs that are caused by that customer or customers class. For this reason, the first step in setting rates is to determine the costs that each customer of customer class has caused. While there can be different views of what constitutes rates that are just and reasonable, article 51 of the Act captures the concept quite well.9 51. No tariff may impose higher rates or more onerous conditions than are necessary to cover capital and operating costs, to maintain the stability of the enterprise and the normal development of the electric power production equipment and of transmission and distribution systems or to provide the distributor a reasonable return on rate base. The reference to rate base implies that the reasonable rates would be determined using RB-ROR regulation. Article 49 reinforces the impression that the intention of the Act is to ensure that rates are just and equitable from a cost-based RB-ROR perspective. Subsection 49(1) directs the Régie to “determine the rate base of the distributor”, while subsection 49(3) directs the Régie to “allow a reasonable return on the rate base of the distributor”. Subsection 49(6) directs the Régie to “consider the distributor’s cost of 8 Regulators with rate-setting powers in Canada include the Canadian Radio-television and Telecommunications Commission, the National Energy Board, the Ontario Energy Board, the British Columbia Utilities Commission and the Public Utility Board of Manitoba, as well as the Régie de l’énergie. 9 The intent of this section is not to provide a legal interpretation of the Act. Rather it is to seek out guidance, from a public policy perspective, concerning the consistency of the regulatory system envisioned by the Act with the regulatory regimes in other Canadian jurisdictions. Régie de l’énergie Article 167 (R-3398-97) -9- Evidence of John Todd service, the varying risks according to classes of consumers, the competition between various forms of energy and the maintenance of equity between rate classes”. The public policy principles that are embedded in the Act appear to be highly consistent with the public policy objectives that are reflected in the regulatory methods used in other Canadian jurisdictions to establish cost-based rates. Rates should be set at a level that recovers the company’s total revenue requirement, where the revenue requirement is the minimum revenue needed by the corporation to carry on its business and earn a return that is sufficient to enable it to attract the capital needed to serve growing demand for its services. This principle implies the need for the corporation to show that its expenses have been reasonably incurred and that its capital assets are used and useful. Rates for different customers or customer classes should be guided by the extent to which the costs included in the corporation’s overall revenue requirement are caused by each customers or class of customer. This principles implies that there should be no cross-subsidization between customers or classes of customers. In setting rates, other factors such as competition between the various forms of energy, differences in risks across rate classes, the quality of service and “such economic, social and environmental concerns as have been identified by the Government” (ss. 49(10)) should be considered, along with causal costs. This principle recognizes that rate equity is not achieved by using cost of service studies to set rates in a mechanistic manner. Competition, Restructuring and Reregulation Rate regulation is most commonly used for setting rates for naturally monopolistic firms, including electricity and natural gas transmission and distribution companies, and telecommunications common carriers. In each of these industries, some of the traditional monopolistic services have been evolving into competitive services. When Régie de l’énergie Article 167 (R-3398-97) - 10 - Evidence of John Todd industry restructuring occurs, as has happened in the North American electricity industry, and some of the services of a monopoly firm are subjected to competition, the process of setting rates becomes more difficult. There are three primary problems. The cost of service of the incumbent monopolist may be higher than the cost of service of competitive entrants due to technological change, differences in corporate structure, or other factors. If the incumbent is forced to charge cost-based rates, it may be unable to sell its services in the market, with the result that its investment related to those services may be stranded. It would be more appropriate for the incumbent (i) to reduce the price at which the newly competitive services are sold in order to reduce the size of the stranded cost and (ii) to cease making new investment in competitive services that it cannot sell at prices that recover their full costs. The incumbent will have an incentive to cross-subsidize its monopoly services by misallocating costs to its monopoly services in order to enable it (i) to operate profitably in selling its competitive services at the competitive price, or (ii) to underprice competitors, who lack the ability to cross-subsidize their competitive services, thereby allowing the incumbent to maintain a dominant position in the market. The degree of competitiveness in different segments of the market can differ quite significantly. Hence, competitive forces can be much stronger in relation to services provided to some rate classes, relative to others. The incumbent, therefore, has an incentive to engage in price discrimination among customer classes, so as to recover a disproportionate share of fixed costs from the customers where competitive forces are weakest. This strategy also helps to maintain the dominant position of the incumbent. Because of these problems, when some of the services of an incumbent are subjected to competitive forces, while others remain monopolistic, the need to determine the cost of service for the various services provided by the company (e.g., generation, transmission and distribution) by customer class is not eliminated. Hence, in the Régie de l’énergie Article 167 (R-3398-97) - 11 - Evidence of John Todd absence of a rigorous cost of service review, the risk that rates will not be equitable is greater in an industry that is experiencing competitive restructuring. Furthermore, because the risk of anti-competitive pricing also exists, there is an even greater need to scrutinize both the total costs of the corporation and the way in which costs are allocated to customer classes. In the case of Hydro-Québec, the need to review its cost of service, allocated costs and rates is particularly high, because there is no history of regulatory scrutiny to provide reassurance that rates have been set in accordance with cost-based rate setting principles, rather than in accordance with strategic competitive concerns. It is necessary to determine costs by service and rate class, so as to determine whether or not cross-subsidies are embedded in the current rate structure. The only situation in which industry restructuring in response to competition can result in removing the need for rate regulation is when there is complete financial separation of the competitive and monopoly activities through divestiture. In this circumstance, both the incentive and the opportunity to use monopoly revenues to cross-subsidize competitive services, or customer classes, are removed. Provided the competitive services are in fact subject to workable and effective competition, rate regulation may be unnecessary. In other circumstances, deregulation is rare, although industry restructuring does often lead to reregulation, which is a restructuring of the regulatory processes. Reregulation may take the form of incentive regulation or performance-based regulation, which provides the utility with incentives that produce rewards for good results and penalties for poor results. The third section suggests an approach by which incentive regulation could be introduced in Québec’s regulatory process. METHODOLOGY HYDRO-QUÉBEC FOR ESTABLISHING COST-BASED RATES FOR Régie de l’énergie Article 167 (R-3398-97) - 12 - Evidence of John Todd Hydro-Québec’s proposed method for the determination and implementation of rates will only result in cost-based rates if the existing rates are cost-based. The proposed methodology is designed to confirm the existing rates without undertaking a cost study to determine whether they are in fact cost-based. If the Régie is to make an independent determination as to whether the rates of Hydro-Québec correspond to its reasonably incurred costs, and the recovery of its costs from the various customers and customer classes is equitable, it will be necessary to conduct a public review of Hydro-Québec’s costs and the methodology for determining the cost of service of each customer and customer class, based on cost causality principles. In the case of a utility that has been subject to on-going regulatory scrutiny and has demonstrated in a previous hearing that its rates are just and reasonable, it may not be necessary to undergo a complete cost of service review if the utility is not seeking to increase its rates. However, Hydro-Québec has not been subject to formal regulatory hearings and has never had to demonstrate to the Régie that its rates are just and reasonable. As such, it cannot be simply assumed that its rates are just and reasonable. It is therefore necessary to conduct a full review of Hydro-Québec’s costs in order to establish a benchmark based on approved costs, even though the utility is not seeking to increase its rates. Until the Régie conducts such a review, it will be unable to make a determination that Hydro-Québec’s costs are reasonable. Without a public hearing that examines Hydro’s costs, there can be no finding that all of Hydro’s costs have been prudently incurred. In addition, until the Régie has the opportunity to approve a cost of service study that allocates Hydro-Québec’s costs to the different customers and customer classes, it cannot make a finding that rates are in line with causal costs. Furthermore, it cannot Régie de l’énergie Article 167 (R-3398-97) - 13 - Evidence of John Todd satisfy itself that any deviations from strict causal costs are justified on other grounds (competition, environmental grounds, other Government policy, etc.) as permitted by the Act. For these reasons, the Régie will have to conduct a hearing consisting of the following elements in order to make a finding that Hydro-Québec’s rates are just and reasonable. A public review of Hydro-Québec’s costs, including its operating and maintenance expenses, capital expenditures, depreciation practices and capital costs. These costs should be subject to a full prudency review, which involves public disclosure of the cost information, responding to information requests of interested parties and cross-examination at a public hearing. Development of a cost of service study that allocates all costs to customers and customer classes based on standard cost causality principles. The cost of service study should be subjected the same public review process as Hydro-Québec’s costs. A public review of the rationale of any deviations from revenue-to-cost ratios of 1.00 for all classes of customers to ensure that the deviations are acceptable. Considerations in accepting revenue-to-cost ratios that deviate from 1.00 include: biases in the cost of service study, rate-setting principles other than cost causality such as rate stability, as well as other factors recognized in Section 49 of the Act. A public review of the rate design of rates for each customer class, in light of the functionally-classified cost of each customer or class of customer, to ensure that the rate design minimizes intra-class inequities. INTRODUCING EFFICIENCY INCENTIVES INTO RATE-BASE RATE-OF-RETURN REGULATION Subsequent to the Régie making a determination that Hydro-Québec’s costs are prudently incurred and its rates are just and reasonable, (i.e., a benchmark has been established), it may be appropriate for the Régie to consider introducing a regulatory Régie de l’énergie Article 167 (R-3398-97) - 14 - Evidence of John Todd mechanism that would reduce regulatory costs and would provide an incentive for Hydro-Québec to operate more efficiently. An interesting Canadian precedent is the regulatory scheme accepted by the British Columbia Utilities Commission in 1996 for setting the rates of West Kootenay Power (“WKP”).10 The essence of the WKP methodology is that Base Costs for 1995 were established through a traditional RB-ROR review of its costs. Rates for 1996, 1997 and 1998 were set using a formula that established Target Costs. The Target Costs for each year were determined by increasing the Base Costs by the rate of inflation minus a productivity factor. The following formula determines the Target Cost. Target = Cost Base x Cost Driver Base Cost x Cost x Escalator Productivity Improvement Factor where the Cost Drivers vary depending on the operating expense (e.g., for labour costs, the Cost Driver is the number of direct customers, whereas for capitalized overhead the Cost Driver is capital expenditures). An actual example for the 1996 calculation of the Target Cost for Labour is as follows: Cost Driver Direct Customers 81,662 Base Cost ($1995) $234 Base Cost Escalator CPI BC (Cumulative) 1.0087 Productivity Improvement Factor (Cumulative) 0.9600 ______ 10 British Columbia Utilities Commission, Order Number G-77-96, July 17, 1996. A similar scheme was approved by the BCUC in 1997 for setting the rates of BC Gas Utilities Ltd. British Columbia Utilities Commission, Order Number G-85-97, July 23, 1997. Régie de l’énergie Article 167 (R-3398-97) - 15 - Target Cost for 1996 Evidence of John Todd $18,50511 At the end of each year, the Actual Costs are compared to the Target Costs and the difference is shared equally between the shareholders and ratepayers. The final 1996 incentive sharing adjustment was $249,000 on Total Actual Costs of approximately $19 M.12 The sharing mechanism is subject to WKP’s attainment of performance standards for reliability, safety, customer satisfaction and losses. In early 1998, the company was denied its share of the 1997 variance on these grounds. The British Columbia Utilities Commission denied WKP an $88,000 incentive sharing payment due to deterioration in system reliability and customer satisfaction.13 After the initial three-year period of the incentive mechanism, it is expected that the company will file an application that provides for a full rate-base rate-of-return review of its 1998 costs to establish new Base Costs to form the basis for a similar multi-year agreement extending into the next millennium. The key benefits of this approach have been the streamlining of the regulatory process, as well as productivity gains for the utility, translating into lower costs for ratepayers. The regulatory streamlining results from the elimination of the requirement for a full hearing each year of the three-year period. Instead, actual costs for 1996 and 1997 have been reviewed by interested parties in a one-day Annual Review, at which WKP’s load forecast, power purchase forecast, and sharing calculation are approved. Other issues such as capital budgets and operational issues are examined for informational purposes. Parties have the ability to complain directly to the Commission during the 11 West Kootenay Power, Preliminary 1998 Revenue Requirements, Annual Revue Presentations, December 3, 1997, Tab 9, p. 9. 12 Ibid, p. 28. 13 British Columbia Utilities Commission, Order Number G-5-98, January 8, 1998. Régie de l’énergie Article 167 (R-3398-97) review. - 16 - Evidence of John Todd Previous to the introduction of this scheme, a lengthy hearing into the company’s General Rate Application, including a full review of its costs and how those costs were allocated to customer classes, was generally required on an annual basis. Hence, the regulatory process has been streamlined significantly. In addition, the company has expended significant effort to achieve the productivity gains included in the formula. This has produced benefits to ratepayers in terms of lower operating and maintenance costs. In the view of some parties, the primary weakness of the WKP methodology is that it has actually reduced the utility’s incentive to avoid overspending its capital budget. Under RB-ROR, the shareholder bears 100% of the cost consequences of any capital budget variances (i.e., carrying costs on the capital plus depreciation expense) in the test year, and the ratepayer bears 100% of these cost consequences in subsequent years. Under the WKP incentive mechanism, the company bears only 50% of the test year cost consequences of capital budget variance, while customers continue to bear 100% of the subsequent cost consequences of the variances. While experience with incentive regulation mechanisms indicates that there is a need to continue to refine current techniques, these mechanisms are likely to become entrenched as an integral part of regulatory processes in Canada and elsewhere. RECOMMENDATIONS In conclusion, the Act implies that reasonable rates should be determined using cost-based regulation, which is consistent with regulation methods used in other Canadian jurisdictions. The industry standard for the establishment of cost-based rates uses a cost-based regulation approach referred to as rate-base rate-of-return regulation. In the current North American environment of industry restructuring, cost-based regulation is more important than ever because of the risk of anti-competitive pricing. Industry restructuring often leads to reregulation, in which incentive-based regulation can improve traditional rate-base rate-of-return regulation by streamlining the regulatory process and providing incentives for the utility to operate more efficiently. Régie de l’énergie Article 167 (R-3398-97) - 17 - Evidence of John Todd Hydro-Québec’s proposal for the determination and implementation of rates will only result in cost-based rates if the existing rates are cost-based. However, it cannot be assumed that the existing rates are cost-based since the utility has no history of regulatory scrutiny and has never had to demonstrate to the Régie that its rates are just and reasonable. As such, there is a strong concern that the Hydro-Québec proposal can not establish cost-based rates as required by the Act. It is therefore necessary for the Régie to conduct a public hearing to determine that Hydro-Québec’s rates are just and reasonable. To do so, the hearing should include the following elements: A public review of Hydro-Québec’s costs. The development and public review of a cost of service study that allocates all costs to customers and customer classes based on standard cost causality principles. A public review of the rationale of any deviations from revenue-to-cost ratios of 1.00 for all classes of customers. A public review of the rate design of rates for each customer class. Once the Régie has determined that Hydro-Québec’s costs and rates are just and reasonable, the Régie may consider the introduction of an incentive-based regulatory mechanism which has the benefits of streamlining the regulatory process, as well as providing incentives for Hydro-Québec to operate more efficiently. APPENDIX Comparison of Decisions Since 1990 Revenue Requirement Operating and Cost of Capital Maintenance Requested Approved Requested Approved Requested Approved MPUB Centra $277,307,267 $252,038,266 $38,810,165 $38,523,236 12.9 12.5 $266,502,004 $262,708,759 $46,354,705 $44,716,305 12.97 12.45 $259,507,738 $257,965,265 $46,722,678 $46,722,678 11.81 11.46 $261,107,478 $258,092,047 $46,747,722 $44,247,722 11.56 11.21 $46,358,900 $45,458,900 10.58 10.17 Manitoba 1990 Test Year (133/90) Centra Manitoba 1991 Test Year (15/91) Centra Manitoba 1992 Test Year (156/91) Centra Manitoba 1993 Test Year (10/93 & 13/93) Centra See Note 1. Manitoba 1994 Test Year (8/94) Centra $264,477,900 $267,452,700 $48,152,300 $46,823,800 10.87 10.8 $267,400,000 $263,100,000 $49,037,000 $48,248,700 9.98 9.58 $25,766,000 $22,900,000 See Note 2. Manitoba 1995 Test Year (49/95 & 74/95) Centra Manitoba 1997 Test Year (8/97 & 13/97) Manitoba Comparison of Decisions Since 1990 Revenue Requirement Operating and Cost of Capital Maintenance Requested Approved Requested $26,995,000 $20,900,000 See Note 3. Approved Requested Approved Hydro 1990 Test Year (43/90) Manitoba Hydro 1991 Test Year (29/91) OEB Union Gas $26,478,000 $29,232,000 $165,337,000 $164,337,000 12.16 11.86 $55,729,000 $40,471,000 $179,042,000 $178,042,000 12.23 11.82 $32,899,000 $9,692,000 $197,400,000 $186,538,000 11.27 10.97 Union Gas Excess Excess $205,376,000 $201,898,000 10.88 10.54 1995 Test Year $205,000 $1,859,3000 Union Gas Excess Excess $210,909,000 $208,259,000 10.77 10.45 1996 Test Year $108,583,000 $131,648,000 $221,195,000 $217,953,000 10.82 9.99 $57,217,600 $58,019,000 12.38 11.84 1991 Test Year (EBRO 462) Union Gas 1992 Test Year (EBRO 470) Union Gas 1993 Test Year (EBRO 486) (EBRO 486) Union Gas $42,536,000 1997 Test Year Excess $29,451 (EBRO 493/494) Centra $19,936,500 $14,030,300 1992 Test Year (EBRO 474) i Comparison of Decisions Since 1990 Revenue Requirement Operating and Cost of Capital Maintenance Requested Approved Requested Approved Requested Approved Centra Excess Excess $63,571,100 $61,615,600 11.36 11.04 1993 Test Year $2,068,000 $10,780,700 $5,693,900 $43,072,900 $67,960,700 $65,367,900 11.34 10.81 $10,300,000 Excess $167,900,000 $167,900,000 12.45 12.17 (EBRO 474-B; 483; 484) Centra 1994 Test Year (EBRO 474-B; 483; 484) Consumers Gas $7,356,000 1990 Test Year (EBRO 464) Consumers $35,100,000 $27,800,000 $184,600,000 $179,500,000 12.46 12.12 $32,600,000 $8,500,000 $196,800,000 $196,800,000 11.92 11.58 Consumers Excess Excess $226,800,000 $223,600,000 10.59 10.18 Gas $14,000,000 $35,400,000 $4,200,000 Excess $236,000,000 $233,000,000 10.45 10.12 $248,000,000 $241,800,000 10.57 10.25 Gas 1991 Test Year (EBRO 465) (EBRO 465) Consumers Gas 1992 Test Year (EBRO 473) 1994 Test Year (EBRO 485) Consumers Gas $55,000,000 1995 Test Year (EBRO 487) Consumers Excess Excess Gas $900,000 $24,400,000 1996 Test Year ii Comparison of Decisions Since 1990 Revenue Requirement Operating and Cost of Capital Maintenance Requested Approved Requested Approved Requested Approved $33,600,000 $1,600,000 $251,300,000 $248,100,000 10.10 9.94 $60,700,000 $20,040,000 $260,400,000 $250,000,000 9.61 9.17 See Note 5. (EBRO 490) Consumers Gas 1997 Test Year (EBRO 492) Consumers Gas 1998 Test Year (EBRO 495) BCUC BC Gas $99,300,000 $97,000,000 1994 & 1995 (1994) (1994) Test Year $110,800,00 $101,500,00 (G-37-94) (1995) (1995) BC Gas See Note 4. $24,448,000 $6,896,000 $133,335,000 $117,091,000 $14,278,000 $7,708,000 $137,133,000 $118,437,000 $11,984,000 $8,023,000 $141,126,000 $124,545,000 Test Year 1998 (G-85-97) BC Gas Test Year 1999 (G-85-97) BC Gas Test Year 2000 (G-85-97) NOTES: Based on Orders of the Manitoba Public Utilities Board, Ontario Energy Board and the British Columbia Utilities Commission. 1. MPUB disallowed the following: municipal taxes of $421,800; O&M $900,00;denied volume adjustments downward; denied threshold temperatures. 2. MPUB decreased rates by 0.5% for all General Consumer Category. 3. MPUB disallowed rate increase for all sectors. 4. BCUC ordered: the Management Review Costs of $181,000 be shared by shareholders and customers; did not accept the rationale for executive compensation package; 3 year amortization period of the final Hearing costs. iii Comparison of Decisions Since 1990 Revenue Requirement Operating and Cost of Capital Maintenance Requested Approved Requested Approved Requested Approved 5. Return on Equity was set based on formula established by BCUC Decision Return on Common Equity, dated June 10, 1994, Order No.G-35-94. iv