PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON COMMISSION ORDER

Transcription

1 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 3'd day of January GENERAL ORDER NO In the Matter of the Effects on Utilities of the Tax Cuts and Jobs Act COMMISSION ORDER On December 22,201 7, President Donald Trump signed into law the Tax Cuts and Jobs Act (2017 Federal Tax Act). The Act reduces corporate income tax rates and will have significant effects on taxes paid by businesses and utilities. The 2017 Federal Tax Act will have a substantial impact on certain privately owned utilities subject to Commission jurisdiction, including electric, gas, water, sewer and solid waste facilities.' The Commission will therefore initiate a proceeding to investigate the effects of the 2017 Federal Tax Act on the utilities' revenue requirements. The proceeding will be instituted to afford the various privately owned electric, gas, water and sewer utilities and solid waste facilities subject to Commission jurisdiction, as well as other interested parties, including the Commission Staff, the opportunity to address the matters raised by the enactment of the 2017 Federal Tax Act. * The Commission is attaching to this Order, as Attachment A, a list of the privately owned electric, gas, water and solid waste facility utilities that are likely impacted by the 2017 Federal Tax Act. Each of the utilities listed on Attachment A will be required to track the tax savings resulting from the 2017 Federal Tax Act on a monthly basis beginning with the effective date of January 1, On or before May 30, 201 8, the utilities listed on Attachment A must file pre-filed testimony explaining the impact the 2017 Federal Tax Act has on their federal income tax. The testimony must identify the expected effects the 2017 Federal Tax Act will have on revenue requirements and must provide a detailed calculation of the impact of the 2017 ' This General Order requires future filings by electric, gas, water, sewer and solid waste facility utilities. The Commission is analyzing the impact that the 2017 Federal Tax Act will have on telephone utilities, private motor carriers and intrastate gas pipelines and may by future order require filings by those entities. The Commission intends that this proceeding follow in similar form to the proceedings in General Order 236 regarding the effect of the Tax Reform Act of 1986.

2 Federal Tax Act on income tax calculations used in the last rate case and on recent income tax calculations. The calculations must reflect excess deferred income taxes, if any, and the impact of proposed ratemaking treatment of any excess deferred income taxes. If the utility is not currently paying federal income taxes and the rates approved by the Commission in its last rate case did not include federal income tax expense, the utility should advise the Commission within 30 days. II The Commission will set any necessary hearing by future order. FINDINGS OF FACT 1. On December 22, 2017, President Donald Trump signed into law the 2017 Tax Cuts and Jobs Act. The Act reduces federal corporate income tax rates. 2. Many privately owned utilities have federal income tax expenses embedded in their revenue requirements. CONCLUSION OF LAW The Commission should initiate a proceeding to investigate the effects of the Federal Tax Act on the revenue requirements of certain affected utilities. ORDER I IT IS THEREFORE ORDERED that a proceeding is hereby instituted to investigate the effects of the 2017 Federal Tax Act on the revenue requirements of certain utilities. IT IS FURTHER ORDERED that the utilities listed on Attachment A track the tax savings resulting from the 2017 Federal Tax Act on a monthly basis beginning with the effective date of January 1, IT IS FURTHER ORDERED that if the utility is not currently paying federal income taxes and if the rates approved by the Commission in its last rate case did not include federal income tax expense, the utility shall advise the Commission within 30 days. IT IS FURTHER ORDERED that on or before May 30, 20 18, the utilities listed on Attachment A shall file pre-filed testimony as set forth herein explaining the impact the 2017 Federal Tax Act has on their federal income tax and revenue requirements. 2

3 IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this Order by electronic service on the utilities listed on Attachment A who have filed an e-service agreement, and by United States First Class Mail on all who have not filed an e-service agreement, and on Commission Staff by hand delivery. A True Copy, Teste, Ingrid Ferrell Executive Secretary RMAIrm 3 i

4 Attachment A Page 1 of3 G.O Service List SOLID WASTE FACILITIES Allied Waste Services of North America, LLC dba Mountaineer Transfer Station Allied Waste Sycamore Landfill, LLC American Disposal Services of West Virginia, Inc. dba Short Creek Landfill Brooke County Sanitary Landfill CAMC-State of West Virginia DEP, Division of Waste Management Christopher Mallett, dba American Recycle Disposal Service, Inc. Entsorga West Virginia LLC Gary J. Duffield fka David Kelley HAM. Sanitary Landfill, LLC Lackawanna Transport Company dba Wetzel County Landfill LCS Services Meadowfill Landfill, Inc. Northwestern Landfill, Inc. S & S Grading Landfill Tire & Rubber, Inc. Tygarts Valley Transfer, Inc. Valero Terrestrial Corporation dba Brooke County Composting Facility WV Tire Disposal ELECTRIC UTILITIES Appalachian Power Company Black Diamond Power Company Monongahela Power Company The Potomac Edison Company West Virginia Power Wheeling Power Company GAS UTILITIES A.V. Company, Inc. Bazzle Gas Company, Inc. Blacksville Oil & Gas Company, Inc. Bluefield Gas Company Canaan Valley Gas Company Consumers Gas Utility Company Hope Gas, Inc., dba Dominion Energy West Virginia Lumberport-Shinnston Gas Company, Inc.

5 Attachment A Page 2 of 3 Megan Oil & Gas Company, Inc. Mountaineer Gas Company Peoples Gas W LLC Southern Public Service Company Standard Gas Company Tawney Gas Services, Inc. Union Oil & Gas Inc SEWR UTILITIES C & J Utilities, LLC Cave Road Utilities, LLC Green Acres Utilities Hidden Valley Treatment, Inc. Highland Farm, LLC HPSD, LLC Lakewood Utilities, Inc. Linmont Sanitation System, Inc. Ogden Sewer Company P & P Enterprises Utilities, LLC SCL, PSD, LLC Sewage Systems, Inc. Shenandoah Junction Public Sewer, Inc. Springer Run Park, L.L.C. The Newel1 Company The Village at Rock Ridge, Inc. Timberline Four Seasons Utilities, Inc. Vitech Enterprises, Inc. West Virginia Resorts, LLC West Virginia-American Water Company Williamsburg Sewer System, Inc. WATER UTILITIES Beckley Water Company Cave Road Utilities, LLC Fox Glen Utilities, Inc. Hampton Roads Water System Jefferson Utilities, Inc. Lakewood Utilities, Inc. Mountain View Water System LLC P & P Enterprises Utilities, LLC Springer Run Park, L.L.C.

6 Sunny View Acres Water Project The Newel1 Company Timberline Four Seasons Utilities, Inc. Valley Water and Sewer Services, Inc. West Logan Water Company West Virginia Resorts LLC West Virginia-American Water Company Attachment A Page 3 of 3