FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, DC 20426

Transcription

1 FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, DC OFFICE OF ENERGY MARKET REGULATION Sidley Austin LLP 701 Fifth Avenue, Suite 4200 Seattle, WA Baltimore Gas and Electric Company Suite 1301, 110 West Fayette Street Baltimore, MD In Reply Refer To: PJM Interconnection, L.L.C. Baltimore Gas and Electric Company Issued: 2/9/17 Attention: Stan Berman, Esq. Attorney for Baltimore Gas and Electric Company Gary Guy, Esq. Attorney for Baltimore Gas and Electric Company Reference: Revisions to Attachment H-2A Concerning Various Tax Issues Dear Mr. Berman and Mr. Guy: On December 13, 2016, PJM Interconnection, L.L.C. (PJM) filed, on behalf of Baltimore Gas and Electric Company (BGE), revisions to BGE s formula transmission rate (Formula Rate) contained in PJM s Open Access Transmission Tariff, Attachment H-2A, to address various tax issues. 1 You state that the proposed Formula Rate modifications are needed to more accurately track expenses arising from tax liabilities and to clarify the timing for recovery of various accrued tax liabilities. You explain that the proposed changes do not alter the amount of taxes to be recovered over time, but provide clarity to ratepayers as to when various tax liabilities will be recovered, and 1 PJM Interconnection, L.L.C., Intra-PJM Tariffs, OATT ATT H-2A, OATT Attachment H-2A - Baltimore Gas and Electric Company,

2 - 2 - ensure in each instance that the proper amounts will be recovered over time, in a fashion consistent with Commission policies. You request that the Commission accept the revised tariff sheets with an effective date of February 11, Please be advised that your filing is deficient and additional information is necessary to process the filing. Please provide complete responses to the following: 1) BGE proposes three adjustments in this filing: an Excess/Deficient Deferral Arising from Tax Rate Changes Adjustment, an Allowance for Funds Used During Construction (AFUDC) Equity Adjustment, and a Flow-Through Accounting Adjustment. The following questions apply to each of the adjustments proposed in this filing: A. Please provide a detailed explanation and supporting work papers including step-by-step calculations for: (i) the transmission-related portion of each type of tax liability that BGE proposes to recover through December 31, 2015, and (ii) the associated amortization periods and/or depreciation rates. The explanation should include the gross amount incurred by year that BGE proposes to recover through December 31, 2015, as reported in BGE s FERC Form No. 1 either as regulatory assets and liabilities as required by the Commission s Accounting Regulations 2 or stranded amounts in BGE s accounts. B. Identify the tax rates and gross up formula that were used to determine the gross amounts and, if they differ from the composite income tax rate of percent on Exhibit C-2, explain why. C. Identify the allocators (numerator and denominator) used to allocate underfunded and overfunded tax liabilities to the transmission function. The work papers and additional supporting explanations should provide sufficient detail to allow an interested party to determine whether the amounts are appropriate amounts to recover. 2 See Accounting for Income Taxes Under SFAS 109, 64 FERC 61,352 (1993).

3 - 3-2) The following questions relate to the Excess/Deficient Deferrals Arising from Tax Rate Changes Adjustment: A. Explain whether or not BGE ever filed a wholesale or transmission rate case to address the corporate federal income tax rate change from the Tax Reform Act of 1986 or addressed the excess (or deficient) deferred income taxes in any Commission rate case. 3 B. If BGE has not previously filed such a wholesale or transmission rate case, explain why BGE has never sought to recover or refund these taxes until this filing. 3) With respect to the AFUDC Equity Adjustment, BGE states that its proposed revisions to the formula rate are intended to recover the taxes on the AFUDC equity component of depreciation expense on an ongoing basis. 4 However, elsewhere in the Transmittal Letter, BGE proposes to use the South Georgia methodology to automatically amortize any accumulated tax balance associated with the AFUDC equity component of depreciation expense over the remaining life of the relevant assets. 5 Please respond to the following questions: A. Please state whether or not BGE is proposing to include a South Georgia catch-up provision for any of the periods: (i) from the inception of its implementation of FAS 109 through December 31, 2015, (ii) from the effective date of the rates approved by settlement in Docket No. ER through December 31, 2015, or (iii) from the effective date of the rates approved by settlement in Docket No. ER through December 31, See, e.g., Rate Changes Related to Federal Corporate Income Tax Rates for Public Utilities, Order No. 475, FERC Stats. & Regs. 30,752 (1987). 4 See Transmittal Letter at 9. 5 See id. at 3. 6 Baltimore Gas and Electric Company and Potomac Electric Power Company, 79 FERC 61,027 (1997). 7 Baltimore Gas and Electric Company, et al., 115 FERC 61,066 (2006).

4 - 4 - B. If BGE is proposing to use any of the starting dates listed above, or any other starting date, to apply a South Georgia catch-up provision in this case in order to be reimbursed for past taxes not collected through the Formula Rate, explain how this approach is consistent with the two settlements referenced above and Commission precedent regarding the use of a South Georgia catch-up provision for prior year rates. 4) With respect to the Flow-Through Accounting Adjustment, BGE explains that, in the past, it employed flow-through ratemaking for certain assets, immediately flowing through certain tax savings. 8 BGE further explains that the cumulative timing differences related to the book versus federal tax life on that property is reflected in BGE s accounts maintained consistent with FAS 109. Consistent with the South Georgia methodology, BGE proposes to recover its future unfunded tax liability over the remaining life of the assets in place at the time that it implemented its formula rate. 9 Specifically, BGE explains that the FAS 109 Amortized Tax Expense will include the amortization of Flow-Through amounts recorded under FAS 109, with detailed instructions that describe and control the calculation in Attachment 5 (Cost Support). BGE asserts that the Commission has allowed the tax balances associated with Flow-Through to retail customers to be amortized over the remaining life of the relevant assets. 10 Please respond to the following questions. A. Explain whether BGE has flowed-through any other tax benefits other than those associated with liberalized depreciation and whether BGE practiced full normalization for all book/tax timing differences for plant additions and retirements since If not, explain when BGE implemented full normalization for all book/tax timing differences. 8 Transmittal Letter at n.15 (citing Baltimore Gas and Electric Co., Md. P.S.C. Case No. 6985, Order No , 17 PUR 4th 44 (1976) (MDPSC Order)). 9 Id. at Id. at 3-4 (citing Duquesne Light Co., Docket No. ER (Apr. 26, 2013) (delegated letter order); PPL Electric Utilities Corp., Docket No. ER (May 23, 2012) (delegated letter order); San Diego Gas & Elec. Co., 105 FERC 61,301 (2003)).

5 - 5 - B. Explain whether BGE adjusted its FAS 109 tax liability associated with liberalized depreciation to reflect the recovery of any portion of this tax liability through retail and wholesale rates or to reflect either recorded depreciation or plant retirements subsequent to the implementation of FAS 109. If BGE did not remove any portion of its deferred tax liability in conjunction with plant retirements or depreciation expense when BGE had stated transmission rates, established in Docket No. ER , or formula rates, established in Docket No. ER , describe how this is consistent with the settlements in those cases. C. Please confirm that BGE calculated its unfunded deferred tax liability associated with liberalized depreciation as of the date that it implemented full normalization. Please further describe how the amortization period matches the average remaining service life of the property, plant, and equipment that gave rise to the unfunded tax liabilities, and how it is consistent with the delegated cases cited by BGE. This letter is issued pursuant to 18 C.F.R and is interlocutory. This letter is not subject to rehearing under 18 C.F.R A response to this letter must be filed with the Secretary of the Commission within 30 days of the date of this letter by making a deficiency filing in accordance with the Commission s electronic tariff requirements. For your response, use Type of Filing Code 180 if your company is registered under program code E (Electric Traditional Cost of Service and Market Based Rates Public Utilities). 11 In addition, submit an electronic version of your response to Ms. Kristen Fleet at kristen.fleet@ferc.gov, and Mr. Theodore Glick at theodore.glick@ferc.gov. The information requested in this letter will constitute an amendment to your filing and a new filing date will be established. 12 A notice will be issued upon receipt of your filing. Pending receipt of the above information, a filing date will not be assigned to your 11 The filing must include at least one tariff record to restart the statutory timeframe for Commission action even though a tariff revision might not otherwise be needed. See generally Electronic Tariff Filings, 130 FERC 61,047, at PP 3-8 (2010) (explaining that the Commission uses the data elements resulting from the tariff filing process to establish statutory filing and other procedural dates). 12 See Duke Power Co., 57 FERC 61,215, at 61,713 (1991) ( [T]he Commission will consider any amendment or supplemental filing filed after a utility s initial filing... to establish a new filing date for the filing in question ).

6 - 6 - filing. Failure to respond to this letter order within the time period specified may result in a further order rejecting your filing. Sincerely, Kurt M. Longo, Director Division of Electric Power Regulation East

7 Document Content(s) ER Deficiency Letter.DOC...1-6