S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * *

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1 S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * In the matter of the Application of ) CONSUMERS ENERGY COMPANY for ) Approval of Amendments to ) Case No. U-00 Gas Transportation Contracts Pursuant to ) PA, as amended ) ) QUALIFICATIONS AND DIRECT TESTIMONY OF NICHOLAS M. REVERE MICHIGAN PUBLIC SERVICE COMMISSION September, 0

2 QUALIFICATIONS OF NICHOLAS M. REVERE PART I 0 0 Q. Please state your name and business address. A. My name is Nicholas M. Revere. My business address is 0 West Saginaw Hwy, Lansing, Michigan. Q. By whom are you employed and in what capacity? A. I am employed by the Michigan Public Service Commission (MPSC or Commission) as the Manager of the Rates and Tariff Section of the Regulated Energy Division. Q. Would you briefly describe your academic background? A. I received a Bachelor of Arts degree in Political Science and a Bachelor of Arts degree in Economics from Michigan State University in 00. In August of 00 and 00, I completed the annual National Association of Regulatory Utility Commissioners (NARUC) regulatory studies program at Michigan State University, which included courses on ratemaking, rate case auditing, regulatory policy, and other regulatory issues. In September of 00, I completed the Institute for Public Utilities Advanced Regulatory Studies Program. In October 0, I completed the Association of Edison Illuminating Companies Advanced Course in Load Research. Q. What are your current responsibilities at the MPSC? A. As Manager of the Rates and Tariff Section, I supervise the members of and oversee the responsibilities of the section. The responsibilities of the section include, but are not limited to, analyzing utility reports, financial records, and rate case filings to determine the appropriate level of rates for regulated energy utilities, utilizing laws, regulations, and Commission policies. The section is charged with conducting MPSC Staff (Staff) Cost of Service allocation studies (COSS) and rate designs for gas and electric utilities and reviewing special contracts, gas storage rates, and Act intrastate pipeline rates. The

3 QUALIFICATIONS OF NICHOLAS M. REVERE PART I 0 0 section is also involved in customer complaint and inquiry processing, updating electric and gas comparison spreadsheets for the MPSC website, and tariff administration. Q. Have you previously filed testimony in any cases before the Commission? A. Yes. I filed testimony in the following cases: Case Company Case Type U- Consumers Energy Electric Rate Case U- MichCon Gathering v. Highmount Act Complaint U- Detroit Edison/DTE Electric Rate Case U- MichCon/DTE Gas Rate Case U- Consumers Energy Gas Rate Case U- SEMCO Gas Rate Case U- Consumers Energy Electric Rate Case U- Consumers Energy Electric RDM Recon U- Upper Peninsula Power Company RDM Recon U-0 Detroit Edison/DTE Electric RDM Recon U-0 Wisconsin Electric Power Company Rate Case U- Detroit Edison/DTE Electric ECIM Recon U- MichCon/DTE Gas Rate Case U- Consumers Energy Gas Rate Case U- Consumers Energy Electric Act U- Detroit Edison/DTE Electric Act U-0 MichCon/ DTE Gas IRM U- Consumers Energy Electric Rate Case

4 QUALIFICATIONS OF NICHOLAS M. REVERE PART I 0 0 U- Detroit Edison/DTE Electric Rate Case U- Consumers Energy Gas Rate Case U-0 Consumers Energy Electric Rate Case U-0 Detroit Edison/DTE Electric Rate Case U- Consumers Energy Gas Rate Case U- Upper Michigan Energy Resources Corporation CON U- Consumers Energy Electric SRM U- Detroit Edison/DTE Electric SRM U-0 Consumers Energy Electric Securitization U- Upper Michigan Energy Resources Corporation SRM U- Upper Peninsula Power Company SRM U- Detroit Edison/DTE Electric Rate Case U- Cloverland Electric Cooperative SRM U- Consumers Energy Electric Rate Case U-0 Indiana Michigan Power Company Rate Case U- DTE Gas Rate Case U-0 Upper Peninsula Power Company TCJA Credit A U-0 Michigan Gas Utilities TCJA Credit A U-00 Upper Michigan Energy Resources Corporation SRM U-0 Upper Peninsula Power Company SRM U-0 Cloverland Electric Cooperative SRM

5 0 0 Q. What is the purpose of your testimony in this case? A. The purpose of my testimony is to present Staff s position on Consumers Energy s (the Company) requested changes to the Firm and Interruptible Gas Exchange Agreements (Firm Agreement and Interruptible Agreement, respectively; collectively the Contracts) between the Company and Midland Cogeneration Venture Limited Partnership (MCV). Q. Are you sponsoring any exhibits? A. No. Q. Do you have a position on the Commission s authority to alter the charges and or terms of a contract previously mutually agreed to by the parties over the objection of one of the parties? A. As I am not a lawyer, I proffer no opinion on this matter. Q. Assuming such authority existed, does Staff agree that the Commission should approve the changes to the charges and terms of the Contracts, as proposed by the Company? A. Given the testimony and exhibits presented in the instant case, no. Staff takes issue with all of the Company s proposed changes, the specifics of which and the reasons for doing so are discussed in detail later in my testimony. In Staff s opinion, imposing changes to the Contracts, the current content of which was agreed to by the parties, and amendments to which also mutually agreed to by the parties and approved by the Commission, is an extraordinary remedy. Such a remedy should be considered only in the presence of extraordinary circumstances, circumstances which, in Staff s opinion, do not exist based on the Company s initially proffered testimony and exhibits. Q. Is an Act contract the most appropriate way to treat a customer such as MCV?

6 0 0 A. No. When the Contracts were originally signed, the Company did not have transportation tariffs appropriate for providing service to MCV. In addition, the original service required use of both Consumers facilities, regulated by the Commission, and other facilities, regulated by the federal government. The nature of the service provided to MCV, however, is such that MCV should not be served under an Act contract, but instead under a tariff rate or a special contract. Q. Setting aside the question of the propriety of even making the changes, are the Company s proposed rate changes reasonable? A. No. The Company uses an outdated cost of service study (COSS) and rate structure to calculate its proposed rates. In addition, the Company fails to modify the COSS to include the determinants associated with MCV. The Company has a new XXLT rate schedule for very large transportation customers, more similar to MCV than those now served under XLT. Even using the Company s methodology with an updated COSS, however, would likely not result in a reasonable rate. In Staff s opinion, the service provided to MCV varies significantly from that provided to other customers, even those on rate XXLT. Q. In what ways does the service provided to MCV vary from that provided to other customers? A. First, MCV is effectively an off-system customer. They are connected directly to the Company s gas transmission system, and not connected to the Company s high- or lowpressure distribution system. XXLT still collects costs associated with the high-pressure distribution system, so even basing MCV s rate on the new XXLT rather than the current XLT would be inappropriate. Second, the nature of the service provided under the Firm Agreement to MCV is structured closer to a standby rate, in that the rate is mainly based

7 0 0 on demand charges, which act similarly to a reservation charge for reserving capacity on the Company s transmission system so that it is available when needed for use by MCV. This recognizes the fact that MCV may or may not actually use gas, but their needs are substantial enough to require significant capacity be available when it is used. Third, MCV takes part of its service under an interruptible agreement, which is a lower level of service than firm, and therefore has a lower value (and should have a lower price) than the firm service provided to other customers, or to MCV under the Firm Agreement. Interruptible service allows the Company to not deliver gas when it would have operational impacts, and requires no dedication of the Company s system capacity to provide. Q. Given these differences, what is the appropriate way to determine what rates should be charged to MCV? A. The rates charged to MCV should remain, for the time being, the rates as currently provided for under the mutually agreed upon Contracts. However, as Staff is of the opinion that serving MCV under Act transportation contracts is no longer appropriate, Staff recommends that the Commission order the Company to determine what a directly costbased rate for MCV would be by creating a COSS based on their most recently approved rates and adding MCV as two separate classes (firm and interruptible) to that COSS to determine what the allocated costs would be for both types of service provided to MCV. In addition, the Company should determine the costs of the storage services provided to MCV, as they differ just as substantially from those provided to other customers. Staff also recommends that the Company be required to file for approval of generic off-system storage and transportation tariffs with maximum rates, similar in calculation, structure, purpose, and content to those offered by DTE Gas (Rates TOS-F, TOS-I, CS-F, and CS-I).

8 0 0 If the Company currently has any other off-system customers (e.g., those taking transportation service directly from the Company s gas transmission system onto pipes not owned by the Company) taking service under Act contracts, it should identify such customers and determine whether it is appropriate to move them onto (or negotiate a new contract under) the new off-system rates. After these recommendations have been accomplished, the Company should then treat the current Act contract as if it were a request for a special contract under MCL0.a(), as clarified by the guidelines recently approved by the Commission in MPSC Case No. U-. First, the Company should show the following criteria apply to MCV:. That the customers be either industrial or commercial customers;. That the customers have individual transportation volumes of greater than 00,000 dekatherms;. That the customers have the installed capability to use an alternative fuel or otherwise have a viable alternative to receiving natural gas transportation service from the utility; Assuming the criteria hold, the Company should then examine both the current MCV rates and the maximum rates established under the generic off-system rates in the context of the fourth criterion:. That the customers can obtain the alternative to transportation service from the utility at a price that would cause them not to use the gas utility s system; MPSC Case No. U-, //0 Order, p. 0.

9 0 0 If the Company determines that prices at any place in this range are such that the forth criterion would be met, the Company should then examine the current MCV rate and other potential rates with regard to whether or not they would meet the fifth criterion:. That the customers make a significant contribution to the utility s fixed costs. Such an examination would require an analysis of the subfactors approved by the Commission in U-, with the discount considered as the difference between the rate under examination and the maximum rate under the generic schedule:. The impact to other customers rates of the costs they would have to bear if the proposed discounted customer(s) left the system.. How the other customers rates are impacted under factor one as compared to how other customers rates are impacted as a result of bearing the cost of the discount.. The size of the discount compared to the size of the cost other customers would bear in total, without regard to particular rate impacts.. The size of the costs other customers would bear in comparison to the total revenue requirement.. In the alternative to the above four factors, determining whether or not the discount is justified on a pure cost of service basis when considering the customer(s) for whom the discount is proposed as their own class(es) in the COSS. The results of this examination should be used as the basis of good-faith negotiations between the Company and MCV to determine appropriate replacement rates for those currently in the Contracts. Once the Company and MCV have reached an agreement, the MPSC Case No. U-, //0 Order, p. 0.

10 0 0 Company should file for approval of a special contract reflecting the results of those negotiations at the Commission, as well as the appropriate terms and conditions from the existing Contracts which will then follow the process for approval as it currently exists. As part of the approval of the replacement, the Commission should eliminate the current Contracts. Q. Does Staff agree with the Company s interpretation of and proposed changes to the terms and conditions in the Contracts? A. No. Staff will respond separately to each proposed change below. Q. What is Staff s position on the Company s proposed change to the fuel retention percentage (GIK) intended to compensate the Company for lost and unaccounted for and company use gas (LAUF/CU)? Q. Staff disagrees with this change. The proposed GIK rate reflects losses at all levels of the system, including the portions of the system not used by MCV (the high- and low-pressure distribution systems). The transmission system should have much lower losses than the distribution system. In Staff s opinion, the current GIK in the Contracts is a reflection of this fact, was intended as such, and changing it without evidence related to actual losses on the transmission system would be inappropriate absent agreement from the other party to the Contracts. Q. Does Staff agree with the Company claim that certain language in the Contracts should be interpreted such that MCV is required to use gas at a uniform hourly rate? See, for example, DTE s calculations on Exhibit A-, Schedule E in U-.

11 0 0 A. No. Staff agrees with MCV that the referenced language in fact applies to the Company, as it references actions only the Company can perform. If MCV is delivering to the Company and using gas at a rate that is not uniform, then it would not be practicable for the Company to deliver gas to MCV in a uniform manner. In addition, the course of performance of the parties over the contract term is such that the Company s interpretation is untenable. The behavior referenced (non-uniform hourly usage and deliveries by MCV) has been ongoing since at least 00 based on evidence provided by the Company itself. Consumers did not present similar data for the period preceding 00. In addition, the fact that penalties under the Contracts are only levied for variations on a daily timeframe, rather than proving the expectation of performance under the Contracts was uniform hourly deliveries, merely confirms that no hourly penalties were agreed to. In Staff s opinion, it was foreseeable (if not foreseen) that hourly variations were at the very least possible. Therefore, Staff does not agree with the Company s proposed,0 Dth/hour limit. It is also difficult to accept the Company s claim that MCV acted differently with regard to its Great Lakes contract based on the same evidence, as it shows significant hourly variations for Great Lakes deliveries over the same time period, notwithstanding the relatively small sample of days presented by the Company in Exhibit A- that purport to show differently. All Company proposals which rely on the incorrect supposition that the hourly requirement exists should likewise be rejected. Q. Does Staff agree with the Company that the Contracts should be amended to require MCV to provide additional gas scheduling information? See Exhibit A-. 0

12 0 0 A. While Staff takes no position on the appropriateness of the requested information, Staff does not agree that amending the Contracts over the objection of MCV is appropriate. In addition, Staff notes that MCV is already subjected to more stringent balancing requirements than other transport customers, who are only required to balance on a monthly basis, and can freely use and/or deliver differing amounts throughout the days of the month as well as the hours of those days. Q. Does Staff have any further comment on the instant case? A. As no or scant records or personal knowledge of the negotiations and associated expectations of performance are available in the testimony and exhibits, Staff and the Commission have only the contrary claims of each party to attempt to understand what the intent of the language and expectation of performance under the Contracts were. Therefore, it seems both the Commission and Staff must rely on the plain language of the Contracts and the course of performance of the parties over their term thus far. Relying on both, and absent convincing evidence to the contrary, Staff recommends that the Commission reject all of the Company s proposed changes to the Contracts. However, as noted previously, Act contracts are not the appropriate way for the Company to serve MCV. Therefore, the Commission should direct the Company to conform to Staff s recommendations with regard to replacing the Contracts with a more appropriate form of service. Q. Does this complete your testimony? A. Yes, it does.

13 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In the matter of the application of CONSUMERS ENERGY COMPANY Case No. U-00 for approval of Amendments to Gas (e-file paperless) Transportation contracts pursuant to PA, as amended. / STATE OF MICHIGAN ) ) ss COUNTY OF EATON ) PROOF OF SERVICE Jennifer M. Brooks, being first duly sworn, deposes and says that on September, 0, she served a true copy of the Michigan Public Service Commission Qualifications and Direct Testimony - Revere upon the following parties VIA ONLY: Consumers Energy Company Kelly M. Hall Theresa A.G. Staley Consumers Energy Company One Energy Plaza Jackson, MI 0 kelly.hall@cmsenergy.com theresa.staley@cmsenergy.com mpsc.filings@cmsenergy.com Administrative Law Judge Hon. Sharon L. Feldman Administrative Law Judge Michigan Public Service Comm. 0 W. Saginaw Hwy., rd Floor Lansing, MI feldmans@michigan.gov Midland Cogeneration Venture Limited Partnership Richard J. Aaron Jason T. Hanselman Andrew J. Switalski Janiszewski, John A. Dykema Gossett Capitol View 0 Townsend St., Ste. 00 Lansing, MI raaron@dykema.com jhanselman@dykema.com aswitalski@dykema.com jjaniszewski@dykema.com

14 Jennifer M. Brooks Subscribed and sworn to before me this th day of September, 0. Tina L. Bibbs, Notary Public State of Michigan, County of Clinton Acting in the County of Eaton My Commission Expires: --0

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