FR Doc E8-2258

[Federal Register: February 7, 2008 (Volume 73, Number 26)]
[Notices]
[Page 7270-7279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe08-56]

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DEPARTMENT OF ENERGY

Bonneville Power Administration

Proposed Methodology for Determining the Average System Cost of
Resources for Electric Utilities Participating in the Residential
Exchange Program Established by Section 5(c) of the Pacific Northwest
Electric Power Planning and Conservation Act

AGENCY: Bonneville Power Administration (BPA), DOE.

ACTION: Notice; request for comments (BPA File No.: ASCM-08).

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SUMMARY: Bonneville Power Administration (BPA) proposes a revised
methodology for determining the average system cost (ASC) of resources
for regional electric utilities that participate in the Residential
Exchange Program (REP) authorized by section 5(c) of the Pacific
Northwest Electric Power Planning and Conservation Act (Northwest Power
Act). The ASC methodology is used in the determination of monetary
benefits paid by BPA to utilities participating in the REP. The
Northwest Power Act authorizes the BPA Administrator to determine
utilities' ASCs based on a methodology developed by BPA in consultation
with the Northwest Power and Conservation Council, BPA customers and
state regulatory agencies in the Pacific Northwest. The existing
methodology was adopted by BPA and approved by the Federal Energy
Regulatory Commission (FERC or Commission) in 1984 (1984 ASC
Methodology). On August 1, 2007, the Administrator initiated a series
of public meetings in which informal comment was taken on 17 specific
issues pertaining to the 1984 ASC Methodology. Based in part on public
comment, the methodology proposed by BPA in this notice redefines the
types of capital and expense items includable in ASC, establishes new
data sources from which ASCs are to be derived, and changes the nature
and timing of BPA's procedures for review of ASC filings by utilities
participating in the REP. This notice also contains detailed procedures
for public participation in the consultation proceeding.
This consultation proceeding is intended to facilitate the
compilation of a full record upon which the Administrator will base his
decision for a final ASC Methodology. Although preliminary informal
comments have already been made by some groups and members of the
public, this notice formally solicits public comment. With

[[Page 7271]]

the issuance of this proposal, BPA welcomes different approaches, new
ideas and other types of feedback from interested parties. This
proposal was developed with guidance from public workshops and is meant
to provide a foundation that will facilitate further ideas and
approaches.
In order to participate in the REP during FY 2009, a Pacific
Northwest utility must notify BPA of its intent to participate by
February 22, 2008. A utility also must submit an ASC filing (an
Appendix 1) to BPA by March 3, 2008, or BPA will use the corresponding
Appendix 1 from its WP-07 Supplemental Power Rate Adjustment Proceeding
as the base filing to determine the utility's ASCs for FY 2009. During
the comment period on the proposed ASC Methodology, interested parties
will have the opportunity to participate in an expedited process for
determining exchanging utilities' ASCs for FY 2009 based on the
proposed methodology. In addition to the comments submitted, BPA
expects to learn through this expedited process where improvements or
changes to the proposed methodology can be made. Workshops will be held
during the comment period to help facilitate feedback and explore
different ideas. BPA strives to develop, in concert with the region, an
ASC Methodology that will be legally sustainable, efficient, and
durable over time.

ADDRESSES: Interested members of the public may make written comments
between February 8, 2008, and May 2, 2008. Comments must be received by
5 p.m., Pacific Prevailing Time, on the specified date in order to be
considered in the Record of Decision for the ASC Methodology, which
will be submitted to FERC for interim and final approval. BPA will also
post written comments online. Written comments may be made as follows:
online at BPA's Web site: http://www.bpa.gov/comment, by mail to: BPA

Public Affairs, DKE-7, P.O. Box 14428, Portland, OR 97293-4428, or by
facsimile to 503-230-3285. Please identify written or electronic
comments as ``2008 ASC Methodology.'' Information and comments received
by BPA concerning the proposed ASC Methodology will be posted at http://www.bpa.gov/corporate/Finance/ascm
.

FOR FURTHER INFORMATION CONTACT: Ms. Michelle Manary, Manager,
Residential Exchange Program--FE-2, P.O. Box 3621, Portland, OR 97208.
Ms. Leslie M. Dimitman, Paralegal Specialist, Office of General
Counsel, LP-7, P.O. Box 3621, Portland, OR 97208. Interested persons
may also call Ms. Dimitman at 503-230-5515, or the general BPA toll-
free numbers 800-282-3713 (answered Monday through Friday 6:30 a.m. to
5 p.m.) or 866-879-2303 (answered by voice-mail).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. The Proposed Average System Cost Methodology

I. Background

A. Relevant Statutory Provisions

Section 5(c)(1) of the Northwest Power Act, 16 U.S.C. 839c(c)(1),
provides that BPA shall acquire certain amounts of power offered for
sale to BPA by a Pacific Northwest electric utility at the average
system cost of the utility's resources in each year. In exchange, BPA
shall offer to sell ``an equivalent amount of electric power to such
utility for resale to that utility's residential users within the
region.'' \1\ Id. Sales to the utility may not be restricted below the
amount of power acquired from the utility. 16 U.S.C. 839c(c)(6). Under
this ``residential exchange,'' there is generally no power transferred
either to or from BPA.\2\ The ``equivalent amount of electric power''
exchanged by BPA with the participating utility is priced at the same
rate as that for general requirements sales to BPA's preference
customers (the ``Priority Firm or PF rate''), subject to adjustment
pursuant to section 7(b)(2) of the Northwest Power Act (the ``PF
Exchange rate''). See 16 U.S.C. 839e(b)(1)-(3). By establishing the
REP, Congress intended to address the issue of wholesale rate disparity
that can exist between BPA's preference customers and investor-owned
customers. Because power sold by BPA to exchanging utilities must be
treated as resold to the participating utility's residential consumers
within the region, ``wholesale rate parity'' is achieved. This
wholesale rate parity is the first attribute of the REP.
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\1\ The exchange was set equal to 50 percent of a participating
utility's qualifying residential and small farm load as of July 1,
1980, and increased in equal annual increments to 100 percent of
such load over 5 years. See 16 U.S.C. 839c(c)(2).
\2\ Section 5(c)(5) allows BPA to acquire an ``equivalent amount
of electric power from other sources to replace power sold to [a
participating] utility,'' if the cost of such replacement
acquisition is less than the applicable ASC. Implementation of this
provision may result in actual power sales to the exchanging
utility.
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In contrast, the amount paid by BPA to the participating utility is
not a conventional wholesale power rate. Section 5(c)(1) of the
Northwest Power Act states that BPA is to pay ``the average system cost
of that [exchanging] utility's resources.'' 16 U.S.C. 839c(c)(1).
Section 5(c)(7) of the Northwest Power Act gives BPA's Administrator
the discretionary authority to determine ASC on the basis of a
methodology to be established in consultation proceedings. 16 U.S.C.
839c(c)(7). The only express statutory limits on the Administrator's
authority are found in sections 5(c)(7)(A), (B) and (C) of the Act. 16
U.S.C. 839c(c)(7)(A), (B) and (C).
Generally, the BPA PF rate has been lower than participating
utilities' ASCs under the 1984 ASC Methodology. The resulting monetary
benefits BPA paid to participating utilities, or ``net cost of the
exchange,'' is the second attribute of the REP. As noted above, the REP
is not a conventional power transaction. System schedulers do not
dispatch the exchange; line losses are not incurred. The power purchase
and sale concept was created by Congress for BPA ratemaking purposes.
See 16 U.S.C. 839e(b)(1).\3\ Practically speaking, the purpose of the
REP is to exchange costs for the benefit of the residential and small
farm ratepayers of participating utilities. When the BPA PF Exchange
rate is lower than a participating utility's ASC, BPA pays the net cost
to that utility. However, when the PF Exchange rate is higher than the
ASC, i.e., when the net cost of the exchange is negative, BPA has
previously provided the utility a unilateral right to ``deem'' its ASC
equal to the PF rate, so that no payment flows from the utility to
BPA.\4\
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\3\ The outcome of this consultation proceeding will not change
the way in which BPA establishes rates under section 7 of the
Northwest Power Act. The resource concept was devised by Congress to
allocate the benefits and costs of the Federal Base System among
competing classes of BPA customers. However, the resource concept
should not obfuscate the nature of the REP as a transfer payment
from BPA to the participating utilities.
\4\ However, BPA has historically kept an account of such unpaid
``deemer'' amounts, which must be paid before the utility can
receive positive REP benefits.
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Furthermore, Northwest Power Act section 5(c)(4), 16 U.S.C.
839c(c)(4), recognizes that BPA's PF rate, insofar as it applies to the
REP, may carry one or more ``supplemental rate charges'' after July 1,
1985, due to implementation of section 7(b)(3) of the Northwest Power
Act. 16 U.S.C. 39e(b)(3). Were this to occur and cause the PF Exchange
rate to exceed a participating utility's ASC, that utility has the
statutory right to terminate its participation in the REP. 16 U.S.C.
839c(c)(4).
The monetary benefits of the REP must be passed through directly to
the participating utilities' residential and small farm consumers in
accordance with section 5(c)(3) of the Northwest Power Act, 16 U.S.C.
839c(c)(3), guarding against the possibility that the

[[Page 7272]]

utility might set retail residential rates that counteracted the
benefits of the REP. In addition, it is incumbent upon BPA to establish
an ASC methodology that ensures that the net cost of the exchange does
not exceed the limits established by Congress in the Northwest Power
Act. See 16 U.S.C. 839c(c)(7)(A), (B) and (C).
The ASC methodology must also be designed so that BPA does not
become the ``deep pocket'' to which participating utilities may shift
excessive or improper resource costs. The ASC methodology should give
participating utilities an incentive to minimize their costs.
Otherwise, BPA may not be able to satisfy the requirement of section
7(a) of the Northwest Power Act that its rates recover its total
revenue requirement. BPA is a self-financing government agency, which
must recover its costs through rates for sales of electric power and
energy.

B. Average System Cost Methodology Background

The first ASC Methodology was developed in consultation with the
region in 1981. See 48 FR 46,970 (Oct. 17, 1983). It was later revised
in 1984. See 49 FR 39,293 (Oct. 5, 1984); see also PacifiCorp v.
F.E.R.C., 795 F.2d 816 (9th Cir. 1986). The 1984 ASC Methodology has
been in effect since that time. In the mid-1990s, BPA and its
participating ``Utilities'' \5\ agreed to a number of settlements that
provided for payments to each Utility through the remaining years of
the Residential Purchase and Sale Agreements (RPSA) that implement the
REP. Because these settlements did not require the participating
utilities to submit ASC filings, BPA temporarily suspended its ASC
review process.
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\5\ ``Utility'' is used here as a defined term: the investor-
owned utility or consumer-owned utility that is a Regional Power
Sales Customer that has executed a Residential Purchase and Sale
Agreement.
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Prior to BPA's WP-02 power rate proceeding, BPA sought to resolve
REP disputes by offering REP Settlement Agreements (Settlement
Agreements) to regional investor-owned utilities. Under these
Agreements, BPA would provide the participating utilities 1,000 aMW of
actual power and 900 aMW of financial benefits for the FY 2002-2006
period, and 2,200 aMW of benefits for FY 2007-2011. Power sales were
made at the Residential Load (RL) Firm Power Rate. Financial benefits
were calculated based on the difference between BPA's RL rate and a
forecast of market prices.
The Settlement Agreements were challenged in the U.S. Court of
Appeals for the Ninth Circuit. On May 3, 2007, the Court held that the
Settlement Agreements executed by BPA and the investor-owned utilities
were inconsistent with the Northwest Power Act. See Portland General
Elec. Co. v. Bonneville Power Admin., 501 F.3d 1009 (9th Cir. 2007). As
a result of the Court's decision, BPA must be prepared to resume the
REP by offering RPSAs to its Utility customers. In addition to the
RPSAs, BPA is conducting this consultation proceeding to revise the ASC
Methodology concurrent with a section 7(i) rate proceeding to consider
revisions to the Section 7(b)(2) Legal Interpretation and Section
7(b)(2) Implementation Methodology, implement the section 7(b)(2) rate
test, and develop rates consistent with the Court's remand in a related
case. See Golden NW Aluminum, Inc. v. Bonneville Power Admin., 501 F.3d
1037 (9th Cir. 2007).

C. The Current Average System Cost Methodology

Under the 1984 ASC Methodology, utilities file with BPA ``Appendix
1'' forms containing cost information based on rate orders from state
utility commissions or consumer-owned utility governing bodies. BPA
reviews each Appendix 1 for conformance with criteria specified in the
Methodology. See 18 CFR 301.1. Appendix 1 filings are subject to review
for 210 days from the start of the relevant exchange period, which is
triggered by a change in retail rates. Not later than 80 days after a
Utility files a new Appendix 1, Regional Power Sales Customers or their
designee may submit written challenges to costs included in the
Utility's Contract System Costs. Not later than 90 days following the
date the Utility files its revised Appendix 1, BPA mails to the Utility
and all parties a list of issues or challenged costs concerning the
Utility's revised Appendix 1 and requesting comments from all parties.
Written comments on the issues list from all parties are due 30 days
after the issue list is filed. Parties may submit cross-comments in
response to comments on the issues list up to 15 days after the written
comments are submitted. Parties may request oral argument before the
Administrator or the Administrator's designee up to 150 days after a
Utility files a new Appendix 1. BPA also has the right under the 1984
ASC Methodology to issue a notice to parties requesting comments on
costs that had not been challenged previously, on Contract System
Loads, and other issues not raised previously. Comments from parties on
such notice are due 150 days after a Utility files a new Appendix 1.
Written cross-comments in response to comments on the BPA notice are
due 165 days after a Utility files a new Appendix 1.
If BPA grants a request for oral argument, it is presented up to
180 days after a Utility files a new Appendix 1. BPA must issue a final
determination on the revised Appendix 1 no later than 210 days after a
Utility files a new Appendix 1.
Discovery is another component of the 1984 ASC Methodology. BPA can
request data from a Utility any time during the 210-day review period.
The Utility is required to respond within 30 days of receiving the data
request. In addition, parties to the ASC review can submit data
requests up to 40 days after the Utility files its revised Appendix 1.
The Utility must respond within 65 days after the Utility files its
revised Appendix 1.
Consumer-owned utilities may execute RPSAs for participation in the
REP. Because consumer-owned utilities are not regulated by the state
commissions in the Pacific Northwest, and because they are not required
to make FERC Form 1 filings, preparation and review of ASC filings is
more burdensome for all parties concerned. The difficulty in the
preparation and review of ASC filings has been a major cause of
disputes between BPA and participating consumer-owned utilities and
became one of the issues leading BPA and the consumer-owned utilities
to settle out their REP participation in the late 1980s.

D. BPA and Customer Concerns With the 1984 ASC Methodology

The reliance on state regulatory agencies to determine the level of
costs included in the ASC of a participating Utility under the 1984 ASC
Methodology, known as the ``jurisdictional costing approach,'' has
resulted in a long, burdensome, expensive and often contentious review
process that many BPA customers said could be improved and streamlined.
The 210-day review period for each ASC filing under the current
methodology means that BPA and its customers are almost always
reviewing an ASC filing. Given the tremendous advancement in
information and communication technology (ICT) since the early 1990s,
the review process and implementation costs can be reduced
substantially through use of electronic filings, e-mail and other
aspects of ICT without changing the existing ASC Methodology. However,
BPA believes that further efficiencies in the ASC filing and review
process could be obtained if BPA were to adopt a new

[[Page 7273]]

framework for obtaining the data required for an ASC filing.
One issue related to the ``jurisdictional costing approach'' that
has not changed since REP disputes were addressed through settlements
is the volume of utility rate orders. Because any commission-ordered
change in retail rates triggers a new ASC filing under the 1984 ASC
Methodology, BPA and its customers could be faced with requirements to
review several ASC filings a year for each investor-owned utility
participating in the REP because of adjustment clauses and tracker
filings in each state where the Utility provides retail electric
service to customers.
BPA is mindful of the difficulty in preparing ASC filings for
consumer-owned utilities that may want to participate in the REP and
hopes that the proposed methodology will ease the burden of preparing
and reviewing Appendix 1 filings.

E. Public Participation in the Consultation Proceeding

This consultation proceeding is intended to facilitate the
compilation of a full record upon which the Administrator will base the
decision to establish the ASC Methodology. Preliminary informal
comments have already been submitted by groups, including investor-
owned utilities, state regulatory agencies and consumer-owned utility
customers. This notice solicits a new round of formal comments from
interested members of the public.
Interested members of the public may make written comments between
February 8, 2008 and May 2, 2008. Comments must be received by 5 p.m.,
Pacific Prevailing Time, on the specified date in order to be
considered in the Record of Decision for the ASC Methodology. BPA will
also post written comments online. Written comments may be made as
follows: Online at BPA's Web site: http://www.bpa.gov/comment, by mail to: BPA

After the written comment stage, an opportunity will be provided
for oral presentations before the Administrator, which will be
transcribed for inclusion in the record. The date, time, and location
of oral presentations will be specified in a future communication. Only
those persons who participate in the written comment stage of the
consultation will have the option of making an oral presentation before
the Administrator. During any stage of the proceeding, negotiated
resolutions of issues raised by BPA or by commenters may be
incorporated into the record by means of written stipulations.
After completion of the foregoing proceedings, the Administrator
will issue a Record of Decision on the revised ASC Methodology. The
revised ASC Methodology will then be submitted to the Federal Energy
Regulatory Commission for review and approval.

II. The Proposed Average System Cost Methodology

A. Introduction

The revised methodology proposed by BPA in this notice is intended
to implement the Northwest Power Act, help alleviate the administrative
burden and expense associated with the jurisdictional approach to ASC
determinations, and to reflect changes in the organization and
operation of the electric utility industry since the 1984 ASC
Methodology was approved. In preparing this proposal, BPA took into
account the issues and concerns raised by parties during workshops held
in August through November of 2007. Although BPA is proposing a number
of broad changes to the 1984 ASC Methodology, the proposal is not a
complete reconstruction of the previous 1984 ASC Methodology. Several
portions of the proposal reflect features from the 1984 ASC Methodology
that remain viable in today's environment.
BPA anticipates that there will be a wide variety of comments on
the proposed ASC Methodology, and also expects that comments will raise
issues that may not have been apparent to BPA. BPA stresses the
importance of written comments that precisely state each commenter's
position on issues of concern, whether the comments be positive or
negative, so that a complete record can be compiled. Numerical analyses
and examples will be of particular assistance to BPA in developing a
revised ASC Methodology. BPA also welcomes negotiations and possible
settlements of issues.

B. The Uniform Cost Approach to Determining Average System Cost Under
the Proposed Methodology

Both the 1981 and 1984 ASC Methodologies used the jurisdictional
costing approach for ASC determinations. As noted above, using the
jurisdictional cost approach as the data source for the ASC
calculations has proven to be inefficient, cumbersome, and extremely
contentious. BPA therefore is proposing to not use a jurisdictional
costing approach for the revised ASC Methodology. In its place, BPA is
proposing to use a data source that is uniform and that facilitates
ease of administration for all parties. Such data can be found for
investor-owned utilities in the FERC Form No. 1 (Form 1), a compilation
of financial and operating information prepared annually in accordance
with the Commission's Uniform System of Accounts for Public Utilities
and Licensees. See 18 CFR 101 (2007). As explained more fully below,
consumer-owned utilities that wish to exchange with BPA will be
required to submit equivalent information to establish their ASCs.
Under the proposed ASC Methodology, the Utility may include in its
ASC only actual costs documented in its Form 1 or equivalent, with
limited exceptions. These exceptions include the following: First,
equity return for investor-owned utilities will be determined in
accordance with procedures described later in this notice; second,
Federal income taxes will be included at the marginal Federal income
tax rate; third, the Form 1 does not always contain enough information
or level of detail to allow BPA to determine whether costs are
includable in ASC, thus requiring supplemental information; and fourth,
BPA will require utilities that do not file a Form 1 with FERC to
submit audited financial data in a format comparable to the Form 1 and
a detailed cost of service analysis prepared by an independent
accounting or consulting firm, approved by the Utility's Regulatory
Body \6\ and used as the basis for setting retail rates currently in
effect.
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\6\ ``Regulatory Body'' is used here as a defined term: A state
regulatory body, consumer-owned utility governing body, or other
entity authorized to establish retail electric rates in a
jurisdiction.
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BPA is proposing an approach for determining a utility's ASC that
is aimed at simplicity, transparency and minimal administrative burden
for all parties. BPA recognizes this may make it difficult to reflect
unique circumstances of individual utilities, which may have an impact
on their ASCs. BPA is open to different types of approaches and
welcomes such suggestions during the comment period.

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C. Procedural Format for ASC Determinations Under Revised ASC
Methodology

1. ASC Determination Process Guidelines
BPA proposes to review each Utility's filed ASC in a simplified
administrative process. This process will commence during the period
prior to BPA filing an initial proposal for a change in wholesale power
rates, referred to as the Review Period. An investor-owned utility
would submit a ``base period ASC'' to BPA using data from the prior
year's Form 1 on or before May 1 of each year. For Utilities not
required to submit a Form 1 to FERC, the base period ASC would be
determined from a filing similar in format to a Form 1. The Utility's
base period ASC will be projected by BPA to determine the ASC for the
BPA rate period.\7\ Escalating the cost data used to determine the base
period ASC to be consistent with the test year(s) of the BPA rate
proposal addresses many issues of temporal consistency between ASCs and
BPA's PF Exchange rate. As a general matter, once the Administrator
determines the ASC for each Utility, the ASC will remain at that level
for the term of the BPA rate period.
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\7\ BPA will forecast the utility's ASC for an additional four
years as required for the section 7(b)(2) rate test in BPA's
wholesale power rate adjustment proceedings.
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Proposed changes to established ASCs would only be allowed under
two specific conditions. First, the ASC may be adjusted in the event a
Utility acquires a new service territory or relinquishes all or a
portion of its service territory. A second adjustment may be made to
account for major new resource additions, purchases, retirements or
sales. In the event that a Utility has a resource that is projected to
come on-line or be purchased and used to meet that Utility's retail
regional load during the BPA rate period, the Utility will submit two
ASC filings: (1) One conforming to the Form 1 described above, and (2)
a second filing that incorporates the costs associated with the new
resource based on the expected commercial operation date of the new
resource or, for resource purchases, the date the sale is completed and
the costs associated with the purchased resource used to meet that
utility's regional retail load. In addition to including the estimated
capital and operating costs of the new resource, the Utility must also
estimate the changes in purchased power expense, sales for resale
credit and other costs based on the additional generation provided by
the new resource. Because the commercial on-line dates of power plants
often change during the construction process, BPA will not adjust the
Utility's ASC until the new generating resource begins commercial
operation.
For a major resource used to meet the Utility's regional retail
load that is projected to be unable to serve load, retired or sold
during the BPA rate period, BPA proposes that the Utility make two ASC
filings: (1) One conforming to the Form 1 described above, and (2) a
second filing that excludes the costs associated with the retired or
sold resource based on the expected retirement or closing date of the
resource. In addition to including the reduction in estimated capital
and operating costs of the retired or sold resource, the Utility must
also estimate the changes in purchased power expense, sales for resale
credit and other costs based on the generation formerly provided by the
retired or sold resource. BPA proposes not to adjust the Utility's ASC
until the official retirement or transfer date of the generating
resource.
BPA proposes that all Utilities be required to submit ASC filings
using BPA's electronic template (Appendix 1) \8\ on or before May 1 of
every year. Several areas of the ASC filing template require additional
data and/or analyses. The additional data/analyses must also be in
electronic format and submitted at the same time as the Appendix 1
template. The filing, along with the additional data and support, will
be made available to BPA customers and other parties for review through
BPA's external Web site. Each filing may be reviewed by BPA or its
designee to determine whether the costs are consistent with Generally
Accepted Accounting Principles for electric utilities and consistent
with the ASC Methodology.
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\8\ Appendix 1 refers to the appendix to both the current and
proposed ASC methodology containing the form on which the exchanging
utility reports its Contract System Costs and other information
required for the calculation of ASC.
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BPA envisions that this approach will reduce the time,
administrative burden and cost to BPA, the Utility, other BPA customers
and other interested parties without significantly affecting the
accuracy of the ASC determination when compared to the more cumbersome
process required under the 1984 ASC Methodology. BPA proposes that ASC
determinations prior to BPA's rate cases will replace the multiple
determinations in each year required under the 1984 ASC Methodology for
each jurisdiction in which a Utility provides retail residential
service upon each change in retail rates.
The revised ASC Methodology has characteristics similar to
ratemaking based on an historical test year incorporating end-of-year
data. Each Utility would be permitted to include the same types of
costs in ASC based on actual data from the same calendar-year period.
It is uniform in contrast to the 1984 ASC Methodology, which relied on
data from retail rate proceedings throughout the Northwest, each using
different ratemaking methodologies and test years.
Although the numbers included in Form 1 accounts by Utilities will
help expedite ASC reviews, Utilities' ASC filings will continue to be
scrutinized by BPA, its customers and other participants in the ASC
review process. BPA has a statutory responsibility to ensure that all
improper costs are excluded from ASCs. Each ASC filing must contain a
statement, signed by a senior officer of the Utility, stating that all
data submitted by the Utility were compiled in strict compliance with
the Commission's Uniform System of Accounts, the ASC Methodology, and
Generally Accepted Accounting Principles, and are consistent with
applicable orders and policies of their Regulatory Body. For Utilities
not required to submit a Form 1, the attestation will state that the
data were compiled in strict compliance with the Utility's financial
statements, the ASC Methodology, and policies and orders from the
Utility's Regulatory Body. BPA proposes that any filing that does not
contain this attestation will not be accepted by BPA for determination
of an ASC.
BPA invites and welcomes comments on alternative sources of
verifiable data for use in determining ASC. Such comments should
contain detailed explanations of the verification safeguards inherent
in any proposed alternative as well as procedural alternatives.
2. Transition Implementation of the REP
BPA hopes to begin the implementation of the REP for eligible
utilities on October 1, 2008. To do so, BPA must negotiate and execute
new RPSAs with Utilities, establish a revised ASC Methodology, and
establish ASCs under the revised Methodology. As noted below, BPA also
intends to implement the proposed ASC Methodology in an expedited ASC
review during the spring of 2008 in order to identify any problems that
might arise in implementing the Methodology. The results of the
expedited ASC review will be used as a starting point for the
determination of final ASCs for FY 2009. The expedited

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ASC review will be implemented as follows.
After publication of the proposed ASC Methodology, a Utility
intending to participate in the REP beginning October 1, 2008, must
notify BPA of its intent by February 22, 2008. If a Utility fails to
notify BPA of its intent to participate in the REP in FY 2009 by
February 29, 2008, the Utility will be ineligible to receive any REP
benefits during the FY 2009 rate period. A Utility must file its
Appendix 1 based on the proposed ASC Methodology with BPA by March 3,
2008. If it fails to do so, BPA will rely on the Appendix 1 for the
Utility included by BPA in its WP-07 Supplemental Rate Proposal to
determine ASCs for FY 2009. BPA will provide electronic access to the
Appendix 1 filings on March 4, 2008, to all Regional Power Sales
Customers and other interested parties. BPA will review all Appendix 1
filings concurrently in an expedited public process. Interested parties
will have the opportunity to intervene in BPA's review. Petitions to
intervene must be filed with BPA by March 11, 2008. Data requests must
be submitted by March 14, 2008. BPA will commence discovery workshops
on all Appendix 1 filings on March 26, 2008. BPA and parties will
address and resolve all discovery issues in the workshops. BPA and
parties may electronically file an issue list identifying and providing
full arguments regarding the contested elements of a Utility's Appendix
1 filing by April 10, 2008. The Utility will electronically file, and
other parties may file, a response to the issue lists on April 24,
2008. A second workshop will be held on April 29, 2008, to discuss and
resolve, to the extent possible, the identified issues. BPA will then
review the parties' arguments, rule on such issues, and publish and
electronically serve all parties with a Draft ASC Reports on May 9,
2008. The Utility and parties may file comments on the Draft ASC
Reports by May 23, 2008. After reviewing the comments, the BPA
Administrator will issue Final ASC Reports on June 6, 2008.
After BPA develops the final proposed ASC Methodology, BPA will
file the Methodology with FERC for confirmation and approval. BPA hopes
to receive interim approval of the Methodology on or around September
1, 2008. After FERC approval, BPA proposes to review the ASC
determinations resulting from the expedited ASC review. BPA will
compare the proposed ASC Methodology provisions with the FERC-approved
Methodology. If there are no differences between the data included in
the Utilities' initial Appendix 1s (or the Appendix 1 filings developed
by BPA for the WP-07 Supplemental Rate Proposal) and the Appendix 1s to
be filed under the final Methodology, the Utilities' initial Appendix
1s (or the default WP-07 Supplemental Appendix 1s) can be used for the
Utilities' final ASC determinations. If the Appendix 1s are the same
but the substantive criteria of the Methodology have changed from the
initial proposed Methodology, BPA will recalculate each Utility's ASC
by reviewing the initial Appendix 1 and applying the final Methodology
criteria. Because the Utility's initial Appendix 1 will have been
reviewed in the expedited review, BPA will conduct an abbreviated
review with all interested parties to ensure that the Utilities' ASCs
comply with the FERC-approved Methodology. If BPA determines that the
ASCs comply, BPA will establish the ASCs as the Utilities' final ASCs
for FY 2009.
BPA also must plan for the establishment of each Utility's ASC for
FY 2010-2011. Under the proposed ASC Methodology, except for the
initial one-year Exchange Period under the revised Methodology, and the
second Exchange Period for FY 2010-2011, a Utility must file an
Appendix 1 by May 1 of each year. If a Utility wishes to participate in
the REP in the second Exchange Period for FY 2010-2011, it must file an
Appendix 1 using 2007 data by July 1, 2008. If a Utility fails to file
an Appendix 1 by July 1, 2008, the Utility will receive no REP benefits
for the FY 2010-2011 period. After receiving all exchanging Utilities'
Appendix 1s by July 1, 2008, BPA will promptly publish a schedule for
review of the filings. Although BPA hopes to complete this review using
the ASC review schedule contained in the ASC Methodology, BPA may issue
a schedule different from the prescribed schedule in order to ensure
that ASCs for FY 2010-2011 are established in time to be incorporated
in BPA's FY 2010-2011 wholesale power rate initial proposal. After
completing its ASC review process, BPA will establish ASCs for FY 2010-
2011. If FERC approval of the ASC Methodology is subsequent to this ASC
review, BPA will compare the Methodology used to calculate the ASCs
with the FERC-approved Methodology. BPA will conduct an abbreviated ASC
review will all interested parties to ensure that Utilities' ASCs
comply with the final Methodology. If BPA determines that the ASCs
comply, BPA will establish the ASCs as the Utilities' final ASCs for FY
2010-2011.

D. Invoicing and Payment Using Actual Residential Load

Although not a part of the ASC Methodology, BPA proposes to
continue the contractual requirement that Utilities invoice BPA monthly
based on actual eligible residential and small farm loads. A Utility's
monthly REP payment is determined by subtracting the Utility's BPA PF
Exchange Rate \9\ from the Utility's ASC, and then multiplying the
result by the Utility's actual eligible monthly residential and small
farm load.
---------------------------------------------------------------------------

\9\ BPA is proposing in the WP-07 Supplemental Rate Proceeding
to develop either Utility-specific PF Exchange rates or a PF
Exchange rate with Utility-specific supplemental rate charges. In
either case, the applicable BPA rate will be determined specifically
for each Utility. This rate determination methodology requires that
BPA know during the rate proceeding which Utilities intend to
participate in the REP.
---------------------------------------------------------------------------

E. Treatment of Certain Resource Costs Under the Proposed Average
System Cost Methodology

1. Transmission Investments and Related Expenses Included in Contract
System Costs
Transmission investments and expenses were included in ASCs under
BPA's 1981 ASC Methodology. The 1981 ASC Methodology was established
pursuant to a negotiated settlement, agreed to by all parties. The
Administrator's 1981 ASC Methodology Decision, at 1-2, explains the
process by which most issues, including the propriety of adding
transmission costs to ASC, were resolved through a negotiated
settlement in the first consultation proceeding. The Commission granted
final approval to the 1981 ASC Methodology on October 17, 1983. See
Sales of Electric Power to Bonneville Power Admin., Methodology and
Filing Requirements, 48 FR 46,970 (Oct. 17, 1983).
In the 1984 ASC Methodology, BPA included ``all existing
transmission, as defined in the Commission Uniform System of Accounts,
in service as of July 1, 1984 * * *'' and ``[f]or transmission plant
commencing service after July 1, 1984, transmission plant costs that
can be exchanged are limited to transmission facilities that are
directly required to integrate resources to the transmission grid.''
\10\ The Commission granted final approval to the 1984 ASC Methodology
on October 5, 1984, which continued to allow certain transmission costs
in ASC. See Methodology for Sales of Electric Power to Bonneville Power
Administration, 49 FR 39,293 (October

[[Page 7276]]

5, 1984), FERC Statutes and Regulations ] 30,601.
---------------------------------------------------------------------------

\10\ 1984 Administrator's Record of Decision, Average System
Cost Methodology at 42.
---------------------------------------------------------------------------

Even though the 1984 ASC Methodology allowed all transmission prior
to 1984 but only a portion of it after 1984, upon further consideration
BPA believes transmission should be included in the calculation of
utilities' ASCs. One of the main reasons for this conclusion is that
the exclusion of the transmission component of electricity production
and delivery may introduce an inequity between Utilities that develop
resources close to their service territory and those that develop
geographically distant resources. Therefore, BPA proposes that the cost
of resources should include all costs associated with the delivery of
power to the Utility's load centers.
Furthermore, since implementation of the 1984 ASC Methodology and
its approval by the Commission, the electric utility industry has
undergone significant changes in structure, specifically, the
development of wholesale power markets, creation of regional
transmission organizations (RTOs) and the separation of generation and
transmission functions of vertically integrated electric utilities
mandated by Commission Order 888, which was issued in 1996. In 1999,
BPA administratively separated its power and transmission functions to
voluntarily comply with the Commission's order for investor-owned
utilities to separate generation and transmission. Consequently, BPA
now develops separate rates for power and transmission.
As a result of this change in industry structure, electric
utilities have a variety of ways to acquire generation to serve their
retail load. For example, utilities can: (1) Rely on wholesale power
markets; (2) build centralized generation units close to the fuel
source; or (3) build the generation close to the load center and
transport the fuel source (e.g. coal by rail). In addition, many large
power plants are owned by more than one utility. This diversity in the
method of acquiring electric generating capacity to serve retail load
means that excluding transmission costs from the ASC calculation would
have adverse effects on Utilities. Exclusion of the transmission
component of electricity production and delivery would introduce an
inequity between Utilities that develop resources close to their
service territory and those that develop geographically distant
resources. In summary, BPA proposes that the cost of resources should
include the cost of transmission used to deliver resources to retail
load.
2. Treatment of Conservation Costs
In the 1984 ASC Methodology, the Administrator determined which
conservation costs could be included in ASCs. The determinations ``were
case specific, based on the information provided by exchanging
utilities.'' \11\ Generally, the 1984 ASC Methodology allows Utilities
to include only the costs of ``measures for which power is saved by
physical improvements or devices. Advertising, promotion and audit
expenses are not resource costs and therefore are not includable in the
ASC.'' \12\
---------------------------------------------------------------------------

\11\ 1984 ASC Methodology Record of Decision at 73.
\12\ Id. at 74
---------------------------------------------------------------------------

BPA proposes to continue with the 1984 ASC Methodology's exclusion
of advertising and promotion costs, except that the revised Methodology
will allow Utilities to include the cost of energy audits. BPA proposes
to allow energy audits because the only way to determine if a
conservation program or measure will be cost effective is through an
analysis or ``audit'' of the facility where the conservation measure
will be installed. Some items such as energy efficient light bulbs are
cost effective in almost any location. Others, like insulation, energy
efficient windows or HVAC upgrade/replacements must be analyzed in
advance to see if the measure is cost effective. In many ways, the
audit is a form of or extension to the Utility's least-cost plan. If
the audit is not done before the measure is installed, the funds could
be used on a measure that is not cost effective. For this reason, BPA
believes it is reasonable to allow the costs of audits in the ASC
calculation.
3. Treatment of Oregon's Public Purpose Charge Related to the
Acquisition of Conservation and Renewable Resources
Oregon's Public Purpose Charge (OPPC) was established in 1999 with
passage of Oregon's electricity restructuring law, Senate Bill 1149.
See generally, Or. Rev. Stat. Sec. 757.612 (2005). The OPPC was
established to ``fund new cost effective local energy conservation, new
market transformation efforts, the above-market costs of renewable
energy resources and new low income weatherization.'' Id. at Sec.
757.612(2)(a). The OPPC is set at 3 percent of total retail sales of
electricity for PacifiCorp-Oregon, Portland General Electric (PGE) and
Idaho Power-Oregon. Id. The OPPC applies to consumer-owned utilities
only if they allow direct access to any class of their customers. Id.
At this time, BPA is not aware of any consumer-owned utilities that are
participating in OPPC program. The OPPC replaces the conservation/DSM
programs PGE, PacifiCorp-Oregon and Idaho Power-Oregon operated before
Oregon SB 1149. When the OPPC was implemented by the utilities, the
OPUC was directed to remove the costs of OPPC-like programs from retail
rates. Id. at Sec. 757.612(3)(g).
The OPPC was implemented on March 1, 2002, for PGE and PacifiCorp-
Oregon, and in 2006 for Idaho Power-Oregon. Distribution of the OPPC
funds are made monthly by the utilities to the following organizations
in the following percentages:

Energy Trust of Oregon (ETO)--73.8%
Education Service Districts (ESD)--10.0%
Oregon Housing and Community Services (OHCS)--16.2%

PGE, PacifiCorp and Idaho Power do not show the OPPC on their
financial statements or Form 1s. The utilities treat the revenue and
expense as a direct pass-through. Accounting records are available from
the utilities showing the revenue received and the payments made to the
three recipient organizations. SB 1149 states that the OPPC funds be
allocated in the following manner:

New cost-effective conservation and market transformation--63%
Above market cost of renewable energy resources--19%
Low-income weatherization--13%
Low-income bill payment assistance--5%
The 1981 and the 1984 ASC Methodologies did not address the cost
treatment of charges like the OPPC. A key attribute of the OPPC has
been that it effectively replaces the Utility's conservation program,
which is typically included as part of a Utility's base rates. Because
of this unique feature, BPA proposes that the OPPC is an alternative
form of acquiring conservation and renewable resources, and therefore
should be considered in determining ASC. In the same way that some
utilities build thermal resources and others purchase power from the
market, BPA proposes that the OPPC is a similar method of acquiring
conservation and renewable resources. Another way of looking at the
OPPC is as an outsourcing arrangement. While some utilities have their
own conservation departments and programs, Oregon investor-owned
utilities are effectively required to ``outsource'' their conservation
activities to the ETO, OHCS and ESDs. BPA needs to have the right to
review and audit the costs and programs of the organizations that
receive OPPC funds in order to

[[Page 7277]]

determine the portion of the Utility's costs that are excludable from
their ASC. If an OPPC-recipient organization denies BPA the right to
review and audit its costs and programs, then BPA will not include such
costs in the Utility's ASC calculation. BPA will review the OPPC costs
and functionalize the costs using the same procedure as used in
reviewing Utility conservation costs.
4. Treatment of Return on Equity and Federal Income Taxes
In the Federal Register Notice for the 1984 ASC Methodology
proposal, BPA stated that ``[i]n developing an ASC methodology the BPA
Administrator has considerable discretion in deciding whether to permit
inclusion of an equity return allowance and, if so, how that component
is to be determined.'' \13\ The Administrator's discretion was affirmed
by the Commission in its order approving the 1984 ASC Methodology.\14\
In the 1984 ASC Methodology, BPA excluded the cost of equity in the ASC
determination in part because of concern that Regulatory Bodies may
increase the allowed return on equity (ROE) to compensate Utilities for
the cost of terminated plants and because ROE is primarily associated
with the default risk of investor-owned utilities. On review, the Ninth
Circuit affirmed BPA's view that ROE be excluded from the ASC
calculation in light of BPA's experience with implementing the program
and its need to avoid abuses. PacifiCorp v. F.E.R.C., 795 F.2d 816, 823
(9th Cir. 1986). In making this finding, though, the Court held that
``[t]he statute itself, however, neither commands nor proscribes these
adjustments in ASC methodology.'' Id. Consequently, the Court noted
that it did not ``sanction any permanent implementation of these
exclusions.'' Id. at 823.
---------------------------------------------------------------------------

\13\ 49 FR 4230, 4235 (Feb. 3, 1984).
\14\ 49 FR 39,293, 39,296 (Oct. 5, 1984): Congress chose the
Administrator to determine cost of utility resources. Had the
Congress intended that the Administrator must follow State
commission determinations of a utility's resource costs, it could
have easily included this requirement in the statute or simply left
the Administrator out altogether and let the State commissions
develop the ASC methodology. This was not done. The Administrator
was chosen to develop a methodology to determine ASC, subject to the
Commission's review.
---------------------------------------------------------------------------

The 1984 ASC Methodology did not allow ROE in ASCs, but instead
permitted the inclusion of the Utility's long-term cost of debt. BPA
now proposes that ROE should be allowable in ASC. The cost of debt is a
cost of resources and, in the case of investor-owned utilities, the
cost of debt is lowered by the contribution of equity by the company.
Without the spreading of risk to shareholders there would be a
significant increase in the cost of debt. State commissions and rating
agencies require investor-owned utilities to maintain specific capital
structures that affect the company's debt ratings. Therefore, debt
alone is not an adequate reflection of the capital cost of a Utility's
resources. Without an equity component in the cost of capital, a higher
cost of debt is needed to reflect the true cost of financing resources.
BPA finds that enough changes have occurred in the PNW regulatory
environment to reasonably ensure that terminated plant costs will not
be included with allowable costs under the ASC Methodology. First, the
costs of the Pebble Springs nuclear plant that were the basis of the
terminated plant controversy in the mid-1980s have been completely
written off by the utilities involved. Second, Oregon's establishment
of a three-person appointed public utility commission greatly reduces
the chance of improper communications between the Oregon PUC and
utilities. Third, since 1984, Oregon has had a Citizens' Utility Board
(CUB), which monitors the retail rate development of utilities
conducting business in Oregon. CUB reviews retail rates in order to
ensure, among other things, that terminated plant costs are excluded
from such rates. Additionally, increased disclosure and filing
requirements at the commission level make identifying inappropriate
costs much easier. All four state commissions now have requirements
that utilities under their review prepare Integrated Resource Plans.
From these filings, BPA and its customers can likely determine if a
Utility included the costs of terminated plant in its equity
calculation. Thus, the risk that Regulatory Bodies will include
inappropriate costs in the ROE has diminished significantly since 1984.
Because of these changes, and based on BPA's experience in
implementing the ASC, BPA now proposes that Utilities should be allowed
to exchange ROE. In the revised ASC Methodology, BPA is proposing to
allow return on equity as determined by the Regulatory Bodies at a
Utility's most recent commission-approved level. For purposes of
determining return on rate base, the Utility will include the weighted
cost of capital from its most recent rate order. For Utilities with
service territories in more than one state, the Utility shall submit a
weighted cost of capital based on the most recent Regulatory Body rate
orders weighted by rate base in states within the PNW region.
In the 1984 ASC Methodology, BPA did not allow the inclusion of
Federal income taxes in ASC. BPA's rationale stated that ``nothing in
the [Northwest Power] Act or its legislative history requires the
inclusion or exclusion of income taxes in computing the average system
cost of a Utility's resources.'' \15\ The Commission approved BPA's
interpretation, albeit with some reservation because of an apparent
``contradiction'' in the allowance of a proxy for equity returns
elsewhere in the methodology.\16\ On review, the Ninth Circuit was
equally reserved when reviewing the 1984 ASC Methodology. PacifiCorp,
795 F.2d at 823. As with ROE, which was decided in the same opinion,
the Court affirmed BPA's interpretation with the notation that it did
not ``sanction any permanent implementation of these exclusions.'' Id.
---------------------------------------------------------------------------

\15\ 1984 Administrator's Record of Decision, Average System
Cost Methodology at 59.
\16\ 49 FR 39,293, 39,297 (Oct. 4, 1984).
---------------------------------------------------------------------------

Under the revised ASC Methodology, BPA is proposing to allow
Utilities to exchange the costs of certain taxes through their ASCs.
BPA is proposing this change because it is necessary to have symmetry
between its treatment of ROE and taxes. As noted above, BPA is
proposing to allow the costs associated with equity return as a
resource cost in calculation of ASC. If the cost of Federal income
taxes at the marginal tax rate is not also included, then an investor-
owned utility's cost of resources would be understated. When
calculating the revenue requirement for an investor-owned utility,
Regulatory Bodies typically gross up the cost of equity by the marginal
Federal income tax rate to arrive at the ``after tax'' return. In the
same manner, because BPA is proposing to include ROE as a resource cost
in the ASC Methodology, BPA is also proposing to gross up the equity
component by the Federal income tax rate when determining an investor-
owned utility's weighted cost of capital in ASC.
5. Functionalization of Regulatory Assets and Liabilities in ASC
Regulatory assets and liabilities are expenses, revenues, gains or
losses that would normally be recognized in net income in one period,
but for an order of a Regulatory Body specifying a different recovery
period in retail rates. Regulatory Assets and Liabilities, Accounts
182.3 and 254 in the Commission Uniform System of Accounts, were
established in March 1993 in Commission Order No. 552,

[[Page 7278]]

which established uniform accounting treatment for allowances
associated with the 1990 Clean Air Act. Order No. 552 also dealt more
broadly with accounting for regulatory assets and liabilities for
electric and gas utilities.\17\ Regulatory assets and liabilities were
not addressed in the 1984 ASC Methodology.
---------------------------------------------------------------------------

\17\ G. Hahne and G. Aliff, Public Utility Accounting 11-5
(Mathew Binder 2005).
---------------------------------------------------------------------------

For investor-owned utilities located in the Pacific Northwest,
regulatory assets and liabilities are a significant portion of the
balance sheet. Examples of costs and revenues that can be deferred and
included as a regulatory asset or liability with Regulatory Body
approval include: fuel costs subject to a power cost adjustment, storm
damage, gains on reacquired debt, deferred compensation plans, stranded
costs, phase-in plans, deferred income taxes, asset retirement
obligations, asset impairment or disposal under Financial Accounting
Standards Board 144, rate case expenses and intervenor funding, buyout
costs for non-utility generation, deferred purchase capacity costs,
deferred demand-side management costs, U.S. Department of Energy
(USDOE) nuclear fuel enrichment clean-up fees, deferred revenue related
to income taxes associated with allowance for funds used during
construction (AFUDC), unamortized loss on reacquired debt, and deferred
return on sales of emission allowances. The above list is only
representative of the deferred costs and revenues that would be found
in a typical Form No.1 or a Regulatory Body rate or accounting order.
There are three major issues for the revised ASC Methodology
relating to treatment of regulatory assets and liabilities. First, how
should regulatory assets and regulatory liabilities be functionalized
between production, transmission, and distribution? Second, for the
production-related assets and liabilities, what rate of return, if any,
should the Utility earn on these items for purposes of determining a
Utility's ASC? And finally, how should the amortization of regulatory
assets and liabilities be handled in the ASC review process?
Functionalization of regulatory assets and liabilities raises
several problems because of the lack of information contained in the
Form 1 concerning the nature of these items. Descriptions of regulatory
assets and liabilities are cryptic at best. Some of the deferred costs
are of a short-term nature, such as power costs, which may be carried
as a deferral for a matter of months. Other costs may be deferred and
amortized 5 years or more, such as costs associated with storm damage
and conservation. The Form 1 provides little or no detail on the length
of the deferral period for each item. Nor does it provide information
on whether the deferred assets and liabilities are included in rate
base by the Utility's Regulatory Body. A brief review of several
regional Regulatory Body rate orders revealed few references to
regulatory assets in the list of items included in rate base. Finally,
the Commission's Uniform System of Accounts does not provide specific
rules for amortization of regulatory assets. Review of the Utilities'
Form 1 filings reveal that some utilities amortize regulatory assets
and liabilities to Accounts 407.3, Regulatory Debits and 407.4,
Regulatory Credits, while others amortize regulatory assets and
liabilities to specific income or expense accounts. For these reasons,
BPA proposes that Utilities must perform a direct analysis and
functionalize all regulatory assets and liabilities to Production,
Transmission, or Distribution/Other. The Utility must provide
documentation supporting its rationale for functionalization of the
regulatory asset or liability. This documentation must consist of
general ledger entries, a description of the item in sufficient detail
to permit BPA to determine the functional nature of the cost, and all
communications on the asset or liability between the Utility, its
Regulatory Body and its external auditor. The documentation must also
show that the asset or liability is included in the Utility's
calculation of rate base approved by its Regulatory Body and the
allowed return or carrying cost. In no case will the amount of
regulatory assets and liabilities allowed in ASC exceed the amount
included in retail rates for the same period by the regional Regulatory
Bodies.
6. Treatment of Cash Working Capital in ASC
Cash Working Capital (CWC) is a component in almost all Regulatory
Body determinations of rate base. Inclusion of CWC as an element of
rate base is consistent with the principle that investors receive a
fair return on investment that is used, useful and devoted to public
service. One definition of CWC as used in regulatory proceedings is:

The average amount of capital provided by investors, over and
above the investment in plant and other specifically measured rate
base items, to bridge the gap between the time expenditures are
required to provide services and the time collections are received
for such services.\18\

\18\ Id. at 5-4.
---------------------------------------------------------------------------

Because the 1981 and 1984 Methodologies relied on the
jurisdictional approach, CWC was a part of the Utilities' rate base
calculation in Regulatory Body rate orders. The 1981 and 1984
Methodologies simply set an upper limit on the amount of CWC included
in rate base for the ASC calculation.\19\
---------------------------------------------------------------------------

\19\ See 18 CFR 301.1 FN. h.
---------------------------------------------------------------------------

Because the revised ASC Methodology proposes to use the Form 1
(which does not include a CWC value) as the basis for data for ASC
filings, BPA believes it is important to include a separate determined
value for CWC in the Utility's rate base calculation for ASC purposes.
While determination of the proper amount of CWC in rate base is often
very controversial, a standard and widely accepted measure is one-
eighth of total O&M costs, less fuel and purchase power costs.\20\ This
one-eighth formula was the cap or maximum amount that BPA allowed for
CWC in the 1984 ASC Methodology.
---------------------------------------------------------------------------

\20\ G. Hahne and G. Aliff, Public Utility Accounting 5-5
(Mathew Binder 2005).
---------------------------------------------------------------------------

BPA is proposing to use this formula--one-eighth of total
exchangeable O&M costs, less fuel and purchase power costs--for the CWC
value included in the Appendix 1 filing. The details are shown in
Schedule 1A of the revised ASC Methodology template.
7. Single ASC for Multi-Jurisdictional Utilities
Under the 1981 and 1984 ASC Methodologies, BPA used a
jurisdictional approach to determining a Utility's ASC. For Avista,
Idaho and PacifiCorp, Utilities that serve retail customers in more
than one state, reliance on Regulatory Body rate orders for ASC
determinations resulted in separate ASC filings for each state.
Developing ASCs by state for multi-jurisdictional Utilities presents
problems for those utilities because Form 1 filings are prepared on a
total utility basis, and trying to separate and allocate the costs from
the total system to individual states would be burdensome and expensive
for both the Utility and BPA. For this proposal, BPA proposes to
develop a single ASC for each Utility. Because PacifiCorp has service
territories that are outside the Pacific Northwest region, it will be
required to submit an ASC filing based on an allocation of its in-
region resources and costs, based on the individual state results of
operations

[[Page 7279]]

filings PacifiCorp files with each Regulatory Body.
8. Treatment of Purchased Power and Sales for Resale Credit
Purchased power and sales for resale are subject to significant
variability for a number of reasons including:
Temperature--colder than normal winters increase the demand for
electricity, resulting in increased purchases of electricity for
utilities that rely on market purchases for meeting a portion of retail
load.
Precipitation--heavier than normal precipitation in the Columbia
River Basin increases the amount of electricity available at the
regional hydroelectric facilities and could lower the need for
additional electricity.
Prices--the price of electricity purchased by utilities varies with
temperature and precipitation, but also the price of natural gas, which
is the fuel on the margin for most hours of the year, and therefore
affects the price of electricity in power markets.
Regulatory Bodies use a process called normalization to adjust
quantity and price for purchased power and sales for resale in
regulatory proceedings. Normalization of purchased power and sales for
resale credits is a process used by utilities and Regulatory Bodies to
adjust actual data to reflect what would likely occur under conditions
(water, weather, market prices) that are closer to long-term averages.
For this reason, BPA proposes to generally use a rolling 5-year average
of short-term (less than 1 year) energy sales and energy purchases in
the Appendix 1. For pricing, BPA proposes to use the same models and
methodologies used to develop market price forecasts in BPA's wholesale
power rate filings.
BPA understands this area is not simple, and its treatment can have
a big impact on hydro-intensive utilities. BPA welcomes different
approaches and ideas on how to account for the significant variability
in this area.
9. Future Revision of Average System Cost Methodology To Address Tiered
Rate Issues
BPA and its customers are currently discussing the design of a
Tiered Rates Methodology (TRM) for BPA's future wholesale power rates.
BPA expects to conduct a hearing under section 7(i) of the Northwest
Power Act in 2008 in order to establish a TRM, which would be
implemented in the rate period beginning FY 2012. The establishment of
the TRM may affect the implementation of the REP for consumer-owned
utilities. For example, BPA may propose as part of the TRM that a
consumer-owned utility that elects to receive an individual Contract
High Water Mark will have an ASC that excludes costs of any resources
added by the utility after September 30, 2006. Other REP-related
proposals and issues will undoubtedly be raised in connection with the
TRM. Consequently, BPA has included placeholder language in the
Proposed Revised Average System Cost Methodology that the Methodology
will be revised if necessary or appropriate to accommodate
establishment and implementation of tiered rates.
The Proposed Revised Average System Cost Methodology,
Functionalization for Average System Cost Methodology, Endnotes and the
Proposed Average System Cost template are incorporated herein by
reference and are available at the following link: http://www.bpa.gov/corporate/Finance/ascm
.

In consideration of the foregoing discussion, BPA proposes to
revise the Average System Cost Methodology as set forth below.

Issued in Portland, Oregon, January 31, 2008.
Stephen J. Wright,
Administrator and Chief Executive Officer.
[FR Doc. E8-2258 Filed 2-6-08; 8:45 am]

BILLING CODE 6450-01-P