BRIT I SH COLUMBIA
UTIL I T I ES COMMISS ION
ORDER
NUMBER
G‐164‐09
SIXTH FLOOR, 900 HOWE STREET, BOX 250
TELEPHONE: (604) 660‐4700
VANCOUVER, B.C. V6Z 2N3 CANADA
BC TOLL FREE: 1‐800‐663‐1385
web site: http://www.bcuc.com
FACSIMILE: (604) 660‐1102
IN THE MATTER OF
the Utilities Commission Act, R.S.B.C. 1996, Chapter 473
and
Stargas Utilities Ltd.
2009 Application to Alter Rates, Refinance and
Acceptance of Gas Supply Contract
BEFORE:
L.F. Kelsey, Commissioner
D.A. Cote, Commissioner
December 17, 2009
P.E. Vivian, Commissioner
O R D E R
WHEREAS:
A. The British Columbia Utilities Commission (the “Commission”) by Order C‐4‐00, approved a Certificate of Public
Convenience and Necessity for Stargas Utilities Ltd. (“Stargas”) to operate a natural gas distribution system at the
resort community of Silver Star; and
B. On July 29, 2009, Stargas filed an application to Alter Rates, Refinance and Acceptance of Gas Supply Contract with the
Commission (the “Application”). The Application also requested approval to amortize various deferral accounts,
increase the rates paid to Okanagan Funding Ltd. (“OKF”) and change the method for recovering plant amortization;
and
C. On September 23, 2009, Stargas requested that the Commission fast track the refinancing portion of the Application
due to the October 1, 2009 closing date with its bank (“Refinancing Application”). Commission Order G‐116‐09 dated
September 29, 2009 approved the Refinancing Application; and
D. Stargas also requested that the Commission approve the gas supply contract portion of the Application (“New Gas
Supply Contract”) prior to November 1, 2009. On October 22, 2009, Order E‐13‐09 approved the New Gas Supply
Contract; and
E. On October 1, 2009 Stargas amended the Application and requested Commission approval to decrease residential and
commercial delivery rates by $0.90 per Gigajoule (“GJ”), residential commodity rates by $4.05 per GJ and commercial
commodity rates by $4.26 per GJ effective November 1, 2009 (the “Amended Application”); and
F. On October 8, 2009, Commission Order G‐121‐09 established a written public hearing process for the review of the
Amended Application and directed that a Regulatory Timetable be established following the deadline for registration of
Intervenors. The Order also approved, on an interim and refundable basis, a $0.90 GJ decrease in residential and
commercial delivery rates, a $4.05 per GJ decrease in residential commodity rates and a $4.26 per GJ decrease in
commercial commodity rates, effective November 1, 2009; and
…/2
BRIT I SH COLUMBIA
UTIL IT I ES COMMISS ION
ORDER
NUMBER
G‐164‐09
2
G. No Intervenors or Interested Parties registered by the October 23, 2009 deadline set by Order G‐121‐09; and
H. The Commission issued Information Request No. 1 on November 4, 2009 and Stargas responded on November 9, 2009;
and
I. Commission Order G‐135‐09 established a Regulatory Timetable for the review of the Amended Application; and
J. The Commission has reviewed the Application by Stargas to Alter Rates, Refinance and Acceptance of Gas Supply
Contract and the evidence adduced thereon, all as set forth in the Reasons for Decision attached as Appendix A.
NOW THEREFORE pursuant to sections 60 and 61 of the Utilities Commission Act, the Commission orders as follows:
1. The Commission approves the Stargas request to draw down the Gas Cost Variance Account credit balance in F2010
and directs the Company to revise Schedule XVIII, Commodity Cost Recovery, to reflect a drawdown of $69,689 in
F2010.
2. The Commission approves the Stargas requests to end the deferral of plant amortization and to amortize the balance of
the previously deferred plant amortization and the interest accumulated on the deferred amortization over ten years
effective June 1, 2009.
3. The hourly rates for OKF services are limited to the following:
2009
Accounting services:
$42.40
Administrative services:
$63.60
Executive services:
$132.50
4. In accordance with Commission Order G‐163‐06, Stargas is directed to pay the full F2010 dividend on its preferred
shares.
5. The request to amortize $135,887 of accumulated unpaid dividends on Stargas’ preferred shares into its revenue
requirement over ten years is not approved. As stated in Commission Order G‐118‐05, the accumulated unpaid
dividends will become a cost to Stargas when it has the financial resources to be able to pay dividends.
6. The Commission approves a $0.90 per GJ decrease in residential and commercial delivery rates, a $4.43 per GJ
decrease in residential commodity rates and the $4.64 per GJ decrease in commercial commodity rates, effective
November 1, 2009.
7. Stargas is to provide, subject to timely filing, amended Gas Tariff Rate Schedules in accordance with this Order.
DATED at the City of Vancouver, In the Province of British Columbia, this 17
th
day of December 2009.
BY ORDER
Original signed by:
D.A. Cote
Commissioner
Attachment
APPENDIX A
to Order G‐164‐09
Page 1 of 5
STARGAS UTILITIES LTD.
2009 AMENDED APPLICATION TO ALTER RATES, REFINANCE AND ACCEPTANCE OF GAS SUPPLY CONTRACT
REASONS FOR DECISION
1.0
INTRODUCTION
1.1
The Application
On July 29, 2009, Stargas Utilities Ltd. (“Stargas” the “Company”) filed an application to Alter Rates, Refinance and
Acceptance of Gas Supply Contract with the British Columbia Utilities Commission (the “Commission”) (the “Application”).
The Application also requested approval to amortize various deferral accounts, increase the rates paid to Okanagan Funding
Ltd. (“OKF”) and change the method for recovering plant amortization.
Stargas requested expedited reviews of the refinancing and gas supply contract portions of the Application. On September
23, 2009, Stargas requested that the Commission fast track the refinancing portion of the Application due to the October 1,
2009 closing date with its bank. The refinancing portion of the Application was approved by Order G‐116‐09. Stargas also
requested that the Commission approve the gas supply contract portion of the Application (“New Gas Supply Contract”)
prior to November 1, 2009. On October 22, 2009, Order E‐13‐09 approved the New Gas Supply Contract.
On October 1, 2009, Stargas amended the Application and requested Commission approval to decrease residential and
commercial delivery rates by $0.90 per Gigajoule(“GJ”), decrease residential commodity rates by $4.05 per GJ and decrease
commercial commodity rates by $4.26 per GJ effective November 1, 2009 (the “Amended Application”).
1.2
Background
Silver Star Mountain Resorts Ltd. (the “Resort”) is the primary developer and ski hill operator in the resort community
located north‐east of Vernon. The Resort created a subsidiary, now known as Stargas, which acquired the existing propane
grid from its parent. By Order C‐4‐00, the Commission approved a Certificate of Public Convenience and Necessity for
Stargas to operate a natural gas distribution system at the Resort. Stargas is a small utility with a rate base of less than $1
million and approximately 239 customers as at May 31, 2009 (2009 Stargas Annual Report, p. 3).
Stargas’ rates are based on the price of alternative energy sources (propane and electricity). In the past, propane and
electricity rates were lower than the equivalent natural gas rate and this limited the Company’s ability to recover its costs
and provide shareholders with a return on investment. Currently, both residential and commercial natural gas rates are
lower than the equivalent propane and electricity rates (Amended Application, p. 9).
2.0
THE WRITTEN HEARING PROCESS
In determining the appropriate process to review the Amended Application, the Commission considered the complexity of
the Amended Application, the need for public participation and the cost associated with the process selected. The
Amended Application is routine in nature and no Intervenors or Interested Parties registered to participate in the
proceeding. Stargas is a small utility with limited resources and a protracted regulatory process would be onerous. Given
the cost of an oral hearing and the absence of Intervenors, Order G‐116‐09 established a written public hearing process and
Order G‐135‐09 established the regulatory timetable for the review of the Amended Application.
APPENDIX A
to Order G‐164‐09
Page 2 of 5
3.0
GAS COST
3.1
Gas Cost
Stargas forecasts gas purchases to increase from 34,535 GJ in F2009 to 38,762 GJ in F2010 (Amended Application, p. 7). The
cost of gas before Gas Cost Variance Account (“GCVA”) commodity costs will increase from $286,612 in F2009 to $297,148
in F2010.
%
F2009
F2010 Change
Commodity Purchases
$219,587
$224,725
2.3%
Terasen Gas
67,025
72,423
8.1%
Commodity Cost
$286,612
$297,148
3.7%
Volume (GJ)
34,535
38,762
12.2%
Average Cost ($/GJ)
$8.30
$7.67
‐7.6%
(2009 Stargas Annual Report, p. 6 and Amended Application, p. 8).
Commission Order G‐1‐09 denied Stargas’ August 31, 2008 request to increase its gas commodity charges and Stargas was
directed, when in future it files a Fixed Price or a Direct Energy Marketing Limited Pool Price agreement for gas purchases,
to explicitly state whether the price entirely and only represents market prices, to identify any fees or charges that are
included in the price and to fully justify all components of the price.
Commission Letter L‐52‐09, issued on July 23, 2009, approved Stargas’ request for a Price Mitigation Strategy locking in gas
commodity prices. The Amended Application states that Stargas’ gas supply contract with its current supplier will
terminate, effective October 31, 2009. On July 29, 2009, in accordance with Commission Letter L‐52‐09, Stargas filed a new
Gas Supply Contract with the Commission. Commission Order E‐13‐09 accepted the new Gas Supply Contract. On
November 5, 2009, Commission Order E‐15‐09 accepted the Gas Purchase Transaction Confirmation (Schedule A.001 dated
October 26, 2009).
The Commission accepts the Stargas F2010 gas cost forecast.
3.2
Gas Cost Variance Account
The GCVA accumulates the difference between the gas cost recovered in rates and the actual cost incurred in purchasing
the commodity. As a result of gas cost recovered in rates exceeding the actual cost incurred in purchasing the commodity,
Attachment B‐2, p. 4 shows a $57,170 GCVA credit balance at May 31, 2009. The Company states that it has accumulated a
significant credit balance in its GCVA and proposes to drawdown the GCVA by $57,114 in F2010, effective November 1,
2009 (Schedule XVIII, Commodity Cost Recovery, Amended Application, pp. 7‐8).
Commission Staff’s review of Attachment B‐2, page 4 determined that the GCVA drawdown in F2010 should be $69,689 and
Schedule XVIII, Commodity Cost Recovery has been revised to reflect this change.
XVIII. Commodity Cost Recovery ‐ Revised
Commodity Purchases
Terasen Gas
Total Gas Cost
GCVA Drawdown
Cost to be Recovered
Volumes Delivered
Average Commodity Rate per ($/GJ)
Forecast Recovery to October 31
Forecast Recovery to May31
Total Commodity Cost Recovered
Given that the credit balance in the GCVA represents 23 percent of Stargas’ F2010 gas costs, the Commission considers the
request to drawdown the GCVA credit balance appropriate. The Commission approves the Stargas request to draw down
the GCVA credit balance in F2010 and directs the Company to revise Schedule XVIII, Commodity Cost Recovery, to reflect
a drawdown of $69,689 in F2010.
4.0
OPERATING AND ADMINISTRATIVE EXPENSES
4.1
Management Fees
Administration and management of the Company is the responsibility of Okanagan Funding Ltd. (“OKF”), a company owned
and operated by M.A. (Moe) and Carol Blumes. C.I.M. Holdings (1998) Inc., an investment holding company controlled by
Mr. Blumes, owns 50 percent of Stargas’ common shares. Commission Order G‐163‐06 capped the rate for management
services provided by Mr. Blumes at $125/hour. Schedule IX, Management Fees requests the following rate increases for
services from OKF:
Requested OKF Hourly Rates
Approved
2006
Accounting services:
$40.00
Administrative services:
$60.00
Executive services:
$125.00
(Amended Application, pp. 4 and 5)
The requested increase in rates for services from OKF is higher than the 6 percent increase in the British Columbia
Consumer Price Index from 2006‐2009 [British Columbia Consumer Price Index, Annual Averages 1998‐2008
(http://www.bcstats.gov.bc.ca/DATA/dd/handout/cpi_spec.pdf) and British Columbia Consumer Price Index, October 2009
(http://www.bcstats.gov.bc.ca/pubs/cpi/cpi0910.pdf)]. The Commission is of the view that increases in rates for services
APPENDIX A
to Order G‐164‐09
Page 3 of 5
% of Total
F2010
Gas Cost
$224,725
72,423
297,148
69,689
23%
$227,459
77%
38,762
5.87
GJ
$/GJ
Amount
5,975.4
$9.72
$58,070
32,786.2
$5.17
169,389
38,761.6
$227,459
Proposed
2009 Increase
% Increase
$45.00
$5.00
13%
$70.00
$10.00
17%
$135.00
$10.00
8%
APPENDIX A
to Order G‐164‐09
Page 4 of 5
from OKF should not exceed the increases in the British Columbia Consumer Price Index (“BC CPI”). Accordingly, the rates
for OKF services are limited to the following:
Approved OKF Hourly Rates
Approved
6%
Approved
OKF Rates
2006
Inflation
2009 % Increase
Accounting services:
$40.00
$2.40
$42.40
6%
Administrative services:
$60.00
$3.60
$63.60
6%
Executive services:
$125.00
$7.50
$132.50
6%
4.2
Amortization
The Amended Application proposes to include plant amortization in its revenue requirement as a cost of service rather than
continue its deferral, effective June 1, 2009. Furthermore, Stargas proposes to amortize the balance of the previously
deferred plant amortization and the interest accumulated on the deferred amortization over ten years, effective June 1,
2009 (Amended Application, p. 5).
On November 27, 2000 Stargas filed an application stating that prevailing market conditions constrained Stargas’ ability to
fully recover its costs. Commission Order G‐116‐00 approved Stargas’ request to create and maintain an interest‐bearing
deferral account to accumulate the amortization related to its capital assets. Due to declining gas commodity prices in the
fall of 2008, Stargas’ competitive position with respect to alternative energy sources (propane and electricity) has improved
significantly and the Company’s ability to recover its costs is no longer constrained (Amended Application, p. 7).
The Commission approves Stargas’ requests to end the deferral of plant amortization and to amortize the balance of the
previously deferred plant amortization and the interest accumulated on the deferred amortization over ten years
effective June 1, 2009.
5.0
FINANCING
5.1
Recovery‐preferred
In Schedule XVI, Recovery‐preferred dividend, Stargas requested approval to amortize $135,887 of accumulated unpaid
dividends on its preferred shares into its revenue requirement over ten years and include in its revenue requirement the
calculated return on its shareholders’ equity of $27,335 rather than include the full current dividend on its preferred shares
of $36,513 (Amended Application, p. 6, BCUC 1.3.2 and BCUC 1.5.4).
On August 15, 2002 Stargas applied to the Commission for approval to issue cumulative preferred shares in order to absorb
cumulative losses in excess of $615,000 and recognize the “time value” of the shareholders’ investment. Commission Order
G‐80‐02 approved the issuance of $400,000 of cumulative preferred shares with a dividend rate equal to the Commission’s
annual benchmark return on equity plus 75 basis points. In order to provide a return to Stargas’ shareholders, Commission
Order G‐163‐06 directed the Company to pay a dividend on its outstanding cumulative preferred shares beginning in F2007.
The Company paid dividends in each of its fiscal years to May 31, 2009 and the dividends were funded by shareholders’
loans at an annual interest rate of 6 percent.
In accordance with Commission Order G‐163‐06, Stargas is directed to pay the full F2010 dividend on its preferred shares.
The request to amortize $135,887 of accumulated unpaid dividends on Stargas’ preferred shares into its revenue
requirement over ten years is not approved. As stated in Commission Order G‐118‐05, the accumulated unpaid dividends
will become a cost to Stargas when it has the financial resources to be able to pay dividends.
APPENDIX A
to Order G‐164‐09
Page 5 of 5
In Schedule III, Financing, Stargas includes Deferred Financing Costs (“DFC”) of ($18,524) in its F2010 mid‐year capital
structure. Commission Order G‐107‐05 approved Stargas’ request to replace its Canadian Imperial Bank of Commerce debt
with TD Canada Trust debt, increase its total debt by approximately $80,000 and defer and amortize the transaction costs
and any possible debt retirement penalties over a period of 10 years. Commission Order G‐116‐09 approved the
Company’s request for a New Term Loan in the amount of $302,139 and the deferral and amortization of transaction costs
over a period of 10 years. In response to BCUC 1.2.2, Stargas removed the DFC from its F2010 mid‐year capital structure.
Stargas is directed to update Schedule X, Amortization, to include the Deferred Financing Costs.
6.0
INTERIM AND PERMANENT RATES
Commission Order G‐121‐09 approved for Stargas on an interim and refundable basis a $0.90 GJ decrease in residential and
commercial delivery rates, a $4.05 per GJ decrease in residential commodity rates and a $4.26 per GJ decrease in
commercial commodity rates, effective November 1, 2009. The order also directed Stargas to refund the difference
between the interim rates and permanent rates that were lower than interim rates.
At the proposed rates in the Amended Application, residential and commercial customers are expected to receive annual
savings compared to the cost of competitive fuels ‐ propane and electricity. These Reasons for Decision contain
adjustments to the Stargas cost of service for fiscal 2010. However, even with these adjustments, the Company has a
negative equity balance and accumulated unpaid dividends of $135,887 on its preferred shares during the fiscal 2010
period; therefore no adjustment to the proposed rates is required.
The Commission approves a $0.90 GJ decrease in residential and commercial delivery rates, a $4.43 per GJ decrease in
residential commodity rates and a $4.64 per GJ decrease in commercial commodity rates on a permanent basis, effective
November 1, 2009.
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