Rule 029: Applications for Municipal Franchise Agreements and Associated Franchise Fee Rate Riders. 2
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1 February 28, 2019 Disposition D AltaGas Utilities Inc St. Leduc, Alta. T9E 6T6 Attention: Mr. Irv Richelhoff Supervisor, Business Development AltaGas Utilities Inc. and Summer the Village of Island Lake Proceeding On February 27, 2019, AltaGas Utilities Inc. applied to the Alberta Utilities Commission for approval of a natural gas franchise agreement with the. The application was filed according to Rule 029, 1 and included a copy of the franchise agreement, Rate Rider A schedule and the natural gas franchise application form. 2. Notice of the proposed franchise agreement was advertised on February 12, 2019, in the Athabasca Advocate newspaper. No objections or concerns related to the proposed franchise agreement were received. 3. The proposed franchise agreement, attached as Appendix 1, is based on the standard natural gas franchise agreement template approved in Decision D , 2 has a term of 20 years or less, and will be effective March 25, The has commenced reading of Bylaw No approving the franchise agreement. 4. The proposed franchise fee of zero per cent, as shown on the municipal franchise fee rider schedule, attached as Appendix 2, is a continuation of the current franchise fee. The proposed franchise fee will remain a charge of $0.00 in the average monthly charge for an average residential customer. 5. The AUC considers that the right granted to AltaGas by Island Lake to construct, operate and maintain the natural gas distribution system is necessary and proper for the public convenience and properly serves the public interest. 6. Pursuant to Section 45 of the Municipal Government Act, and Section 49 of the Gas Utilities Act, the AUC approves the franchise agreement as filed. 1 Rule 029: Applications for Municipal Franchise Agreements and Associated Franchise Fee Rate Riders. 2 Decision D : AltaGas Utilities Inc. et al., Approval of New Standard Natural Gas Distribution System Franchise Agreement Template, Proceeding 20069, March 20, 2015.
2 Alberta Utilities Commission February 28, 2019 Page 2 of 2 7. Given the approval of the franchise agreement, and in accordance with Section 36 of the Gas Utilities Act, the AUC approves AltaGas s Rate Rider A of zero per cent effective March 25, 2019, for customers in the. 8. Prior to any change in the level of the franchise fee pursuant to the franchise agreement, customers shall be notified as outlined in Section 6 of Rule 029. (original signed by) Blair Miller Executive Director, Rates On behalf of the Alberta Utilities Commission Attachments
3 Alberta Utilities Commission February 28, 2019 Page 1 of 1 Appendix 1 franchise agreement with AltaGas Utilities Inc. (return to text) Appendix 1 - Franchise agreemen (consists of 27 pages)
4 Alberta Utilities Commission February 28, 2019 Page 1 of 1 Appendix 2 Rate Rider A with respect to the (return to text) Appendix 2 - Rate Rider A (consists of 3 pages)
5 Page 1 of 27 NATURAL GAS DISTRIBUTION SYSTEM FRANCHISE AGREEMENT 2019 BETWEEN: - AND - AltaGas Utilities Inc. Page 1 of 28
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9 Page 5 of 27 2) Term a) Subject to sub-paragraph 2(b), this Agreement will be for a minimum term of ten years, commencing on the later of: i) 25 day of _March, 2019_; and ii) the first (1 st ) business day after both of the following have occurred: A. the Commission has approved and acknowledged this Agreement; and B. Council of the Municipality has passed third reading of the applicable adopting bylaw. b) This Agreement will expire on the day of, 20. c) It is agreed this Agreement supersedes and replaces any prior Natural Gas franchise agreements between the Municipality and the Company. 3) Expiry of Term of Agreement a) Provided the Company gives written notice to the Municipality not less than twelve (12) months prior to the expiration of the Term of its intention to negotiate a new franchise agreement, at any time following the expiration of the Term, and if the Municipality has not provided written notice to the Company to exercise its rights to purchase the Natural Gas Distribution System, either Party may submit any items in dispute pertaining to a new franchise agreement to binding arbitration by the Commission. b) Subject to subparagraph 3c) of this Agreement, upon expiry of the Term, this Agreement will continue in effect pursuant to the provisions of the MGA. c) Commencing one (1) year following the expiration of the Term of this Agreement, unless either Party has invoked the right to arbitration referred to in subparagraph 3a), or the Municipality has given written notice to purchase the Natural Gas Distribution System, this Agreement will be amended to provide the following: i) Fifty percent (50%) of the franchise fee otherwise payable under this Agreement to the Municipality will be held back and deposited in trust in an interest bearing trust account by the Company, for the sole benefit of the Municipality. The trust money along with all accumulated interest will be paid to the Municipality immediately upon execution of another Natural Gas Franchise Agreement with the Company, or if the Municipality purchases the Natural Gas Distribution System, or if the Company transfers or sells the Natural Gas Distribution System, or upon further Order of the Commission. d) In the event a franchise agreement template is approved by the Commission during the Term of this Agreement and the provisions are materially different from the provisions of this Page 6 of 28
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11 Page 7 of 27 5) Franchise Fee a) Calculation of Franchise Fee In consideration of the rights granted pursuant to paragraph 4 and the mutual covenants herein and subject to Commission approval the Company agrees to collect from Consumers and pay to the Municipality a franchise fee. The Parties agree s. 360(4) of the MGA, as amended, does not apply to the calculation of the franchise fee in this Agreement. For each calendar year the franchise fee will be calculated as a percentage of the Company s actual total revenue derived from the Delivery Tariff, including without limitation the fixed charge, base energy charge, demand charge, but excluding the cost of Natural Gas (being the calculated revenues from the Natural Gas cost recovery rate rider or the deemed cost of Natural Gas and Natural Gas supply related riders) in that year for Natural Gas Distribution Service within the Municipal Service Area. For the first (1 st ) calendar year or portion thereof of the Term of this Agreement, the franchise fee percentage will be _zero percent (_0 %). By no later than September 1 st of each year, the Company will: i) advise the Municipality in writing of the total revenues that were derived from the Delivery Tariff within the Municipal Service Area for the prior calendar year; and ii) with the Municipality s assistance, provide in writing an estimate of total revenues to be derived from the Delivery Tariff within the Municipal Service Area for the next calendar year. b) Adjustment to the Franchise Fee At the option of the Municipality and subject to Commission approval, the franchise fee percentage may be changed annually by providing written notice to the Company. If the Municipality wishes to amend the franchise fee percentage, then the Municipality will, no later than November 1 st in any year of the Term, advise the Company in writing of the franchise fee percentage to be charged for the following calendar year. Upon receipt of notice, the Company will work with the Municipality to ensure all regulatory requirements are satisfied on a timely basis and agrees to use best efforts to obtain approval from the Commission for implementation of the proposed franchise fee percentage as and from January 1 st of the following calendar year. If the Municipality provides written notice at any other time with respect to a franchise fee change, the Company will implement the new franchise fee percentage as soon as reasonably possible. c) Notice to Change Franchise Fee Prior to implementing any change to the franchise fee, the Municipality will notify its intent to change the level of the franchise fee and the resulting effect such change will have on an average residential Consumer s annual Natural Gas bill through publication of a notice once Page 8 of 28
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32 Appendix 2 - Rate Rider A Page 1 of 3 Municipalities Additions to be made to the rates of customers resident in municipalities that have agreed to accept a percentage of gross revenue of the special franchise tax in lieu of a property tax pursuant to Section 360 of the Municipal Government Act, 1994, c. M-26.1 (previously Section 14(7) and 14(8) of the Municipal Taxation Act). The percentage shown is to be applied as an addition to the total billings calculated. Municipality District Type Rate (%) Decision/Order Effective Date 1 (yyyy-mm-dd) Athabasca Athabasca Town 6.00 U Hairy Hill Two Hills Village 5.00 E Radway Westlock Village 3.00 E Any bill rendered after this date is subject to the corresponding rate.
33 Appendix 2 - Rate Rider A Page 2 of 3 Métis Settlements Additions to be made to the rates of customers resident in Métis Settlements that have by bylaw approved Utility Services Agreements providing for the payment of annual utility service fees calculated as a percentage of gross revenues. 1 The percentage shown is to be applied as an addition to the total billings calculated. Métis Settlement District Rate (%) Decision/Order Effective Date 2 (yyyy-mm-dd) Buffalo Lake St. Paul 7.00 U Fishing Lake St. Paul 5.00 U Gift Lake Wabasca 7.00 U Kikino St. Paul 7.00 U The Métis Settlements Act (S.A Chapter M-14.3) enables the Métis Settlements General Council to legislate by Policy and Settlement Councils to legislate by bylaw on matters related to the operations of utilities within the settlement areas, including the granting of interests in land, the assessment and taxation of these interests, and the licensing of related activities. [s.222(1); Sch.1, ss.14, 19]. Under Métis Settlements General Council Public Utilities Policy (GC-P9804; Alberta Gazette, Nov.30, 1998, p.2221) a Settlement may enter into Utility Service Agreement allowing a utility to use land and provide utility services in the Settlement Area and providing for the utility to pay an all inclusive annual service fee. The fee may be determined as a percentage of gross revenue received from services provided in the Settlement Area. Each of the listed Settlements has entered into a Utility Service Agreement with AltaGas Utilities. Under the Public Utility Policy [s.2.3(3)] the Service Agreement takes effect on being approved by bylaw and by the Alberta Energy and Utilities Board. 2 Any bill rendered after this date is subject to the corresponding rate.
34 Appendix 2 - Rate Rider A Page 3 of 3 Municipalities Governed by Standardized Franchise Agreement For each calendar year the franchise fee will be calculated as a percentage of the Company s actual total revenue derived from the Gas Distribution Tariff, including without limitation the fixed charge, base energy charge, demand charge but excluding the cost of gas (being the calculated revenues from the gas cost recovery rate rider or the deemed cost of gas) in that year for Gas Distribution Service within the Municipal Area. Municipality Type District Rate (%) Decision / Order Effective Date 4 (yyyy-mm-dd) Barrhead Town BMW D Beaumont City Leduc D Bonnyville Town Bonnyville D Bonnyville Beach Summer Village Bonnyville D Calmar Town Leduc D Crystal Springs Summer Village Leduc D Delia Village Hanna D Donalda Village Stettler Drumheller Town Drumheller D Elk Point Town St. Paul Glendon Village St. Paul D Grande Cache Hamlet Grande Cache Grandview Summer Village Leduc Hanna Town Hanna D Hay Lakes Village Leduc D High Level Town High Level D Island Lake Summer Village Athabasca Leduc 2 City Leduc D Leduc 3 City Leduc D Ma-Me-O Beach Summer Village Leduc Mewatha Beach Summer Village Athabasca D Morinville Town BMW D Morrin Village Drumheller Munson Village Drumheller Pelican Narrows Summer Village Bonnyville D Pincher Creek Town Pincher Creek D Poplar Bay Summer Village Leduc Rochon Sands Summer Village Stettler D St. Paul Town St. Paul D Stettler Town Stettler D Sunset Beach Summer Village Athabasca Three Hills Town Three Hills Two Hills Town Two Hills Waskatenau Village BMW D Westlock Town BMW D White Sands Summer Village Stettler Willingdon Village Two Hills BMW denotes Barrhead, Morinville and Westlock. 2 Does not apply to service under Rates 3 or Applies only to service under Rates 3 and Any bill rendered after this date is subject to the corresponding rate.
4. The proposed franchise fee of 25 per cent, as shown on Rate Rider A schedule, attached as Appendix 2, maintains the current franchise fee.
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