FEDERAL POWER ACT CONFORMANCE: TRANSMISSION BUSINESS LINE


BPA PRACTICE FERC PRACTICE/PRECEDENT
I. Revenue Requirement




A. Revenue Requirement

Determination

Federal repayment basis

Capital cost recovery oriented to interest and principal payments determined by a repayment study that includes only transmission debt.

Transmission revenue requirements have included charges for revenue financing of new investments or cash required for risk mitigation.

Embedded cost basis

Capital cost recovery oriented to costs on utility’s (ratemaking) books: depreciation and rate of return (the company’s overall weighted average cost of capital and equity) applied to depreciated transmission plant-in-service.




B. Rate Period Rates approved for a specific short-term period.

Rates based on forecasted (budgeted) costs for the period.

FERC has taken conservative approach to BPA rate approval, requiring frequent review of cost recovery and timely repayment to Treasury.

Long-term rates (>7 years) approved only upon showing that they accounted for small portion of total revenue requirement; long-term rates require more justification/regional support to secure FERC approval.

Rate approval is generally open-ended, but intervenors, including FERC, can request at any time that rates be reopened to review.

Rates are based on the costs of a test year with heavy reliance on most recent actual costs.

C. Cost Functionalization Potential for transmission rates to recover costs that power rates are unable to bear.

BPA believes that it could rely on section 7(a) of the Northwest Power Act to recover power costs in transmission rates; to date, this position is untested.

Uniform System of Accounts and standard allocation methods for common costs.

Transmission rates based on the cost of transmission service.





BPA PRACTICE FERC PRACTICE/PRECEDENT
D. General Cost Recovery Rates must be based on total system costs and timely repayment of the Federal investment.

BPA takes position that FERC stranded cost rules cannot be applied to BPA to prevent recovery of costs.

Prudency and used/useful tests for assets--can be excluded from ratebase. Excluded costs typically passed on to shareholders.

FERC will determine on a case-by-case basis whether costs stranded by transmission access are recoverable from specified customers.




E. FERC-Ordered Transmission Service FERC may order transmission service, but deference to applicable BPA statutes is required.

BPA takes position that FERC stranded cost rules cannot be applied to BPA to prevent recovery of costs.

FERC has power to order transmission service under FPA standards.

FERC will determine on a case-by-case basis whether costs stranded by transmission access are recoverable from specified customers.




II. Rate Design and Cost

Allocation



A. Segmentation

1. Southern Intertie BPA currently defines a Southern Intertie segment distinct from the Network, and charges customers a separate rate to use it.

Pacificorp and PGE are joint owners with BPA.

.. Six utilities (including Pacificorp) purchased a total of 725 MW of capacity ownership on BPA’s portion of the intertie.

96 Rate Case: After the Settlement agreement had been negotiated, Clark PU argued to roll in the Southern Intertie; no other party addressed this issue in the rate case.

FERC normally requires all transmission facilities to be rolled in, unless the facility can meet some fairly stringent certain criteria.

FERC has strongly encouraged the formation of IGOs/ISOs, in part to do away with pancaked rates which result when transmission customers must use more than one transmission system.




2. Generation-Integration (G-I) BPA defines a G-I segment composed of facilities on the high side of the step-up transformer.

Step-up transformers are considered power costs.

The entire cost of the G-I segment is allocated to the PBL to be recovered through power rates.

Step-up transformers and high side facilities are considered transmission cost according to FERC System of Accounts.




BPA PRACTICE FERC PRACTICE/PRECEDENT
B. Cost Allocation BPA allocated costs to firm transmission services on a contract demand or equivalent basis. FERC favors cost allocation based on adjusted system monthly peak loads, 12 CP for NT service; contract demand for PTP service.

However, FERC will allow the transmission provider to propose an alternative method that assigns costs consistently to firm PTP and NT services.




C. NT Rate Design BPA’s NT rate schedule does not use the load ratio methodology, nor provide for a credit for the customer’s transmission facilities.

BPA’s NT rate schedule includes 2 average embedded charges:

Base charge (NT customers may exclude from the NT Base charge the load served: with internal generation, over another provider’s transmission systems, and using the power provider’s BPA transmission contract)

.. Load Shaping charge

1) A "load ratio" method for charging NT customers.

The load ratio method equals:

1) the annual revenue requirement reduced for firm PTP revenues 2) multiplied by (a 12-month rolling average of) the customer’s contribution to the transmission owner’s monthly transmission system peak.

2) FERC also requires a credit for the customer’s own transmission facilities that are integrated with the transmission system of the transmission provider.




D. Ancillary Services BPA offers a somewhat different package of ancillary services than that defined by FERC.

Scheduling, System Control and Dispatch Service, and Reactive Supply and Voltage Control from Generation Sources Service are not separately identified and offered as ancillary services.

.. Other BPA ancillary services are packaged differently from FERC’s schedule of ancillary services.

.. BPA includes transmission losses as an ancillary service, which is not required by FERC.

FERC defines 6 ancillary services that must be offered by the transmission provider.




BPA PRACTICE FERC PRACTICE/PRECEDENT
III. Process/Legal




A. Filing of Rates and Contracts BPA files proposed rates with FERC. Transmission rates and charges must be filed with FERC, as well as classifications, practices, regulations and policies affecting such transmission rates and charges.




BPA does not file contracts with FERC. Transmission contracts (wheeling, O&M, interconnection, joint ownership) must be filed for acceptance or approval.




BPA not required to obtain FERC approval for facilities transfer. Transfer of facilities (leases, sales) must be approved by FERC.




BPA may terminate contracts without FERC review. Termination of service must be filed for acceptance or approval.






B. Standards of Review BPA rates are reviewed only under standards of cost recovery, widespread use, and equitable allocation between Federal and nonFederal users. Just, reasonable, not unduly discriminatory or preferential.




No application of anticompetitive standard to BPA rates. Potential application of anticompetitive standard.




BPA cost recovery standard enables recovery of past losses and underrecoveries (e.g., interest deferral in early 1980’s) based on causation. No retroactive ratemaking.




BPA PRACTICE FERC PRACTICE/PRECEDENT
C. FERC Authority FERC may only approve or remand filed BPA rates, may not modify rates. Approval, modification or rejection of filed rates, contracts, practices, etc.




FERC has no authority to reopen approved BPA rates. Authority to reopen and modify approved rates, contracts, etc. upon own initiative or upon complaint.




FERC has no authority to resolve rates or contract disputes. Authority to resolve disputes involving rates and contracts.




FERC has no authority to disallow termination of service. Authority to disallow termination of service.






D. Procedures BPA initiates 7(i) regional hearing up to 9 months prior to effective date. Filing of proposal between 60 and 120 days prior to effective date.




No filing fees for FERC filing. Applicant pays filing fees.




BPA 7(i) hearing officer makes only evidentiary determinations, Administrator makes all substantive findings and conclusions. FERC may accept proposal or assign it to an Administrative Law Judge (ALJ) for hearing and determination of all issues.




Administrator’s decisions filed with FERC for approval; rates either approved or remanded to Administrator. ALJ decision affirmed, modified, or remanded to ALJ for further determination.






E. Judicial Review Decision reviewable only in Ninth Circuit Court of Appeals. FERC decision is reviewable in any Federal Appeals Court.




Less deference to FERC because of its restricted review. FERC given some deference in technical and policy areas.