Public Utility Regulation

Public Utility Regulation
What?  Investor owned utilities (IOU’s)
Why?  It is the one form of utility ownership
where consumers do not already have some
embedded form of representation.
 
 
* MT Municipalities – City Councils
 
 * Co-ops – Customers are the owners
For IOU’s – MT PSC/MCC
Legislative Consumer Committee Meeting
June 26, 2019
1
Fundamentally what is regulation
supposed to do?
Acknowledge natural monopolies but protect
consumers through preventing the abuse of
monopoly power – high prices, poor service
How? Charles F. Phillips, “In short, regulation
is a substitute for competition and should
attempt to put the utility sector under the
same restraints competition places on the
industrial sector.”
Charles F. Phillips, 
The Regulation of Public Utilities: Theory and Practice
, (Arlington, VA: Public Utilities Reports, Inc., 1984), p. 154
Legislative Consumer Committee Meeting
June 26, 2019
2
Rate Case Procedural Process-Prior to
Hearing
Utility files application for new rates
MCC files to intervene (and other interested parties)
Intervenors submit data requests to utility
Utility provides data responses
MCC/other intervenors file testimony
Utility submits data requests to intervenors
Intervenors provide data responses
Possible additional issues identified by PSC
Utility files rebuttal testimony (intervenors may also
provide testimony in response to other intervenors)
Data requests on rebuttal and cross-intervenor testimony
Data responses provided
Legislative Consumer Committee Meeting
June 26, 2019
3
Procedural Process-Hearing & Forward
Hearing held on application
Opening briefs filed
Answer briefs filed
Commission order issued
Possible motions for reconsideration
Order on reconsideration
Possible Judicial review
Rules of Evidence and many Rules of Civil Procedure apply.
Legislative Consumer Committee Meeting
June 26, 2019
4
Utility Rate Setting Process
Overview
Revenue Requirement (size of the pie)
Class Cost Allocation (how to cut the pie)
Rate Design (how to collect the pieces of pie)
Legislative Consumer Committee Meeting
June 26, 2019
5
Revenue Requirement
Rev Req = O&M + Taxes + Depreciation + r(Rate Base)
Where:
O&M
 – Operation and Maintenance Expense
Taxes
 – Income and other (i.e. Property taxes)
Rate Base
 – Undepreciated value of in-service used and
useful utility plant funded by investors in utility
Depreciation
 – on in-service, used & useful utility plant
r – Rate of Return
 = (Debt cost * % of debt) + (ROE * %
of equity); times rate base = utility profit opportunity
% of debt and equity used to finance rate base is the
Capital Structure
Legislative Consumer Committee Meeting
June 26, 2019
6
Class Cost of Service Allocation
Residential             Commercial              Industrial
How much is to be paid by each class of
customer or rate class, based largely on the
costs incurred to serve each customer class.
Legislative Consumer Committee Meeting
June 26, 2019
7
Rate Design
Fixed charge 
– customer or service charge
Demand charge 
– for level of maximum usage
(flow rate) that occurs during a billing cycle
Commodity charge 
– for the amount of
electricity, water, natural gas that is consumed
during a billing cycle
Designed to recover each class’ respective portion of
the revenue requirement assuming certain usage levels
Legislative Consumer Committee Meeting
June 26, 2019
8
PSC Decision
The Commission will make decisions on
parties’ various positions leading to final
determinations on:
 
Revenue Requirement
 
Class Allocations
 
Rate Design…resulting in
Tariffed rates
Legislative Consumer Committee Meeting
June 26, 2019
9
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This content delves into the role of regulation in protecting consumers from utility monopoly power abuse, particularly in the context of investor-owned utilities where consumers lack inherent representation. It discusses the procedural processes of rate case hearings and utility rate setting, highlighting the efforts to balance natural monopolies with consumer protection.

  • Public Utility Regulation
  • Investor-Owned Utilities
  • Rate Case Hearing
  • Utility Rate Setting
  • Natural Monopolies

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  1. Public Utility Regulation What? Investor owned utilities (IOU s) Why? It is the one form of utility ownership where consumers do not already have some embedded form of representation. * MT Municipalities City Councils * Co-ops Customers are the owners For IOU s MT PSC/MCC Legislative Consumer Committee Meeting June 26, 2019 1

  2. Fundamentally what is regulation supposed to do? Acknowledge natural monopolies but protect consumers through preventing the abuse of monopoly power high prices, poor service How? Charles F. Phillips, In short, regulation is a substitute for competition and should attempt to put the utility sector under the same restraints competition places on the industrial sector. Charles F. Phillips, The Regulation of Public Utilities: Theory and Practice, (Arlington, VA: Public Utilities Reports, Inc., 1984), p. 154 Legislative Consumer Committee Meeting June 26, 2019 2

  3. Rate Case Procedural Process-Prior to Hearing Utility files application for new rates MCC files to intervene (and other interested parties) Intervenors submit data requests to utility Utility provides data responses MCC/other intervenors file testimony Utility submits data requests to intervenors Intervenors provide data responses Possible additional issues identified by PSC Utility files rebuttal testimony (intervenors may also provide testimony in response to other intervenors) Data requests on rebuttal and cross-intervenor testimony Data responses provided Legislative Consumer Committee Meeting June 26, 2019 3

  4. Procedural Process-Hearing & Forward Hearing held on application Opening briefs filed Answer briefs filed Commission order issued Possible motions for reconsideration Order on reconsideration Possible Judicial review Rules of Evidence and many Rules of Civil Procedure apply. Legislative Consumer Committee Meeting June 26, 2019 4

  5. Utility Rate Setting Process Overview Revenue Requirement (size of the pie) Class Cost Allocation (how to cut the pie) Rate Design (how to collect the pieces of pie) Legislative Consumer Committee Meeting June 26, 2019 5

  6. Revenue Requirement Rev Req = O&M + Taxes + Depreciation + r(Rate Base) Where: O&M Operation and Maintenance Expense Taxes Income and other (i.e. Property taxes) Rate Base Undepreciated value of in-service used and useful utility plant funded by investors in utility Depreciation on in-service, used & useful utility plant r Rate of Return = (Debt cost * % of debt) + (ROE * % of equity); times rate base = utility profit opportunity % of debt and equity used to finance rate base is the Capital Structure Legislative Consumer Committee Meeting June 26, 2019 6

  7. Class Cost of Service Allocation Residential Commercial Industrial How much is to be paid by each class of customer or rate class, based largely on the costs incurred to serve each customer class. Legislative Consumer Committee Meeting June 26, 2019 7

  8. Rate Design Fixed charge customer or service charge Demand charge for level of maximum usage (flow rate) that occurs during a billing cycle Commodity charge for the amount of electricity, water, natural gas that is consumed during a billing cycle Designed to recover each class respective portion of the revenue requirement assuming certain usage levels Legislative Consumer Committee Meeting June 26, 2019 8

  9. PSC Decision The Commission will make decisions on parties various positions leading to final determinations on: Revenue Requirement Class Allocations Rate Design resulting in Tariffed rates Legislative Consumer Committee Meeting June 26, 2019 9

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