Of West Virginia. May 24, 2013

Transcription

1 Pu6fic Service commission Of West Virginia Phone: (304) Fm (304) May 24, 2013 Sandra Squire, Executive Secretary Public Service Commission P. 0. Box 812 Charleston, WV Re: Case No E-T-C Appalachian Power Company and Wheeling Power Company, both dba American Electric Power Dear Ms. Squire: Enclosed for filing are the original and twelve (12) copies of the Staff s First Request for Information for American Electric Power Company in the above-referenced proceeding. A copy has been served upon all parties of record. Sincerely, LESLIE J. ANDERSON Staff Attorney West Virginia State Bar I.D. No LJA/cs Enclosures h:\landerson\wpdocs\ (apco and wpco v. frontier)\staff s 1st data request for aepwv.doc

2 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO E-T-C APPALACHIAN POWER COMPANY and WHEELING POWER COMPANY, both dba, AMERICAN ELECTRIC POWER FIRST SET OF INTERROGATORIES, DATA REQUEST OR REQUESTS FOR INFORMATION BY THE STAFF OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA FROM AMERICAN ELECTRIC POWER COMPANY The Staff of the Public Service Commission of West Virginia (PSCWV), by counsel, hereby requests of American Electric Power Company (AEP) the following information and/or data to be served upon the Executive Secretary as soon as possible, but no later Monday, June 17, If there are any objections to the requested information, please indicate within fourteen (14) days after service in accordance with Rule 13.6.d. of the Commission's Rules of Practice and Procedure. In providing the requested information, each response should be on a single sheet of paper which contains the following information: a restatement of the request; the name and title of the person(s) who prepared the response; the name of the person(s) who could testifj regarding the response; the date the response was prepared; and, the response. Please note that a particular response should not be retained by AEP until all L I 1 responses have been prepared. A response should be forwarded to the Executive Secretary as soon as it is available, These responses are continuing in nature so Frontier should update any responses during the course of the proceeding when new information becomes available.

3 Please provide an original of the response to the requested information to: and a copy to: Leslie J. Anderson, Staff Attorney Public Service Commission P. 0. Box Brooks Street Charleston, WV Sandra Squire, Executive Secretary Public Service Commission P. 0. Box Brooks Street Charleston, WV Respectfully submitted this 24th day of May, STAFF OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA By Counsel,

4 STAFF S FIRST REQUEST FOR INFORMATION FROM AMERICAN ELECTRIC POWER COMPANY CASE NO E-T-C In the following AEP-WV should be understood to refer to Appalachian Power Company West Virginia (APCO-WV) and Wheeling Power Company. If the response to any question would be different for APCO-WV and Wheeling Power Company please provide separate responses to the question. All of the following questions request responses specific to APC0-W. If a specific response is available only on a total APCO company basis, please note that in the response to each applicable question Please provide the formula or complete description of the method which AEP-Wv believes is currently in effect to calculate the pole rental rate that AEP-WV charges to Frontier- WV. A. Please define each term to include the following if applicable: space occupied, usable space, carrying charge rate, unusable space, pole height, and applicable rate of return. B. Please provide the current annual pole rental rate and the specific details, accounts and numerical data, to show the calculation of that rate. C. Please define the source of this formula or method, e.g., contract, FCC, etc Please provide the formula or complete description of the method which AEP-WV believes is currently in effect to calculate the pole rental rate that Frontier-WV charges to AEP-WV. A. Please define each term to include the following if applicable: space occupied, usable space, carrying charge rate, unusable space, pole height, and applicable rate of return. B. Please provide the current annual pole rental rate and the specific details, accounts and numerical data, to show the calculation of that rate. C. Please define the source of this formula or method, e.g., contract, FCC, etc. 1.3, Please provide the formula or complete description of the method which AEP-WV believes is currently in effect to calculate the pole rental rate that AEP-WV charges - to an Incumbent Local Exchange Carriers (ILEC) other than Frontier- WV.

5 A. Please define each term to include the following if applicable: space occupied, usable space, carrying charge rate, unusable space, pole height, and applicable rate of return. B. Please provide the current annual pole rental rate, by name of the applicable ILEC, and the specific details, accounts and numerical data, to show the calculation of that rate. C. Please define the source of this formula or method, e.g., contract, FCC, etc Please provide the formula or complete description of the method which AEP-WV believes is currently in effect to calculate the pole rental rate that AEP-WV charges - to Cable Television Providers (CATV). A. Please define each term to include the following if applicable: space occupied, usable space, carrying charge rate, unusable space, pole height, and applicable rate of return. B. Please provide the current annual pole rental rate and the specific details, accounts and numerical data, to show the calculation of that rate for each applicable CATV provider including specifically Suddenlink, Time Warner, Comcast, and Shentel if applicable. C. Please define the source of this formula or method, e.g., contract, FCC, etc. D. For any CATV provider that also provides telephone service, what pole rental rate does AEP-WV charge such CATV/telephone providers? If such rates are based upon a different method or formula than for a stand-alone CATV provider please provide responses to 1.4.A., 1.4.B., and 1.4.C. applicable to a combined CATV/telephone provider. 1.5, Please provide the formula or complete description of the method which AEP-WV believes is currently in effect to calculate the pole rental rate that AEP-WV charges to Competitive Local Exchange Carriers (CLEC). A. Please define each term to include the following if applicable: space occupied, usable space, carrying charge rate, unusable space, pole height, and applicable rate of return. B. Please provide the current annual pole rental rate, by name of the applicable CLEC, and the specific details, accounts and numerical data, to show the I -4-

6 calculation of that rate. Please specifically include Lumos Networks (fka FiberNet), Lumos Networks of WV (fka Nteleos of WV), and CityNet. C. Please define the source of this formula or method, e.g., contract, FCC, etc Please provide the formula or complete description of the method which AEP believes is currently in effect to calculate the pole rental rate that AEP-WV charges to any other attaching party, including any AEP affiliated company. A. Please provide the identity of such other attaching party. Please specifically identify whether or not other attaching party includes wireless telecommunications carriers and municipalities. B. Please define each term to include the following if applicable: space occupied, usable space, carrying charge rate, unusable space, pole height, and applicable rate of return. C. Please provide the current annual pole rental rate, by name of the attaching party and the specific details, accounts and numerical data, to show the calculation of that rate for each such other attaching party. D. Please define the source of this formula or method, e.g., contract, FCC, etc Please state and define each charge contained in the 1986 joint use agreement or the Settlement Agreement in Case No E-C between AEP-WV and Verizon-WV for which the terms and conditions provides that AEP-WV would charge Frontier-WV for any service provided by AEP-WV. A. Are there any such charges currently in dispute in addition to the disputed pole rental rate? B. Are there any services currently provided by AEP-WV to Frontier -WV related to the joint use of poles that are not charged to Frontier-WV according to the terms of the 1986 agreement, Settlement, or as a matter of AEP-WV practice? 1.8. For each state in which an AEP affiliated electric distribution company operates: A. Has the state utility commission determined the applicable pole attachment rate to be charged by the AEP affiliate by rule, statute, or commission order to a Cable TV provider? If yes, please provide a copy of each applicable document and the most recent pole attachment rate prescribed. -5-

7 B. C. D. Has the state utility commission determined the applicable pole attachment rate to be charged by the AEP affiliate by rule, statute, or commission order to a Competitive Local Exchange Carrier? If yes, please provide a copy of each applicable document and the most recent pole attachment rate prescribed. Has the state utility commission determined the applicable pole attachment rate to be charged by the AEP affiliate by rule, statute, or commission order to an Incumbent Local Exchange Carrier? If yes, please provide a copy of each applicable document and the most recent pole attachment rate prescribed. Has the state utility commission determined the applicable pole attachment rate to be charged by the AEP affiliate by rule, statute, or commission order to a any other "attaching party''? If yes, please provide a copy of each applicable document and the most recent pole attachment rate prescribed For each state in which an AEP affiliated electric distribution company operates and for which the state utility commission does not determine pole attachment rates for joint use between an AEP affiliate and an Incumbent Local Exchange Carrier: A. B. C. D. Provide the current pole attachment rate being charged by an AEP affiliate to each Incumbent Local Exchange Carrier in each applicable state. Is the pole attachment rate provided in response to 1.9.A. determined by a joint use agreement between the AEP affiliate and the Incumbent Local Exchange Carrier (ILEC)? For each pole attachment rate provided in response to 1.9.A., please provide the formula or complete description of the method by which the AEP pole attachment rate is determined including the definition of each term to include the following if applicable: space occupied, usable space, carrying charge rate, unusable space, pole height, and applicable rate of return. Has the applicable pole attachment rate between the AEP affiliate and ILEC in any such state been determined by Order of the Federal Communications Commission (FCC)? If yes, please provide the FCC Order For AEP-WV, please provide the following information, for each year, 2007 to most recent available data: A. The total annual amount charged by AEP-WV to all Cable TV Providers for any such charges resulting from a pole joint use agreement and a breakdown by general class of such charges such as ''make ready'' charges, pole rental -6-

8 rates, etc., and by name of the Cable TV provider. B. The total annual revenue received by AEP-WV from a Cable TV Providers for any such charges resulting from a pole joint use agreement and a breakdown by general class of such charges such as "make ready'' charges, pole rental rates, etc., and by name of the Cable TV provider. Please include information as to which utility accounts and sub-accounts each of such revenues would be recorded For AEP-WV, please provide the following information, for each year, 2007 to most recent available data: A. The total annual amount charged by AEP-WV to all Competitive Local Exchange Carriers (CLEC) for any such charges resulting from apole joint use agreement and a breakdown by general class of such charges such as "make ready'' charges, pole rental rates, etc., and by name of the CLEC. B. The total annual revenue received by AEP-WV from all Competitive Local Exchange Carriers for any such charges resulting from a pole joint use agreement and a breakdown by general class of such charges such as "make ready'' charges, pole rental rates, etc., and by name of the CLEC. Please include information as to which utility accounts and sub-accounts each of such revenues would be recorded For AEP-WV, please provide the following information, for each year, 2007 to most recent available data: A. B. C. The total annual amount charged by AEP-WV to all Incumbent Local Exchange Carriers (ILEC) for any such charges resulting from a pole joint use agreement and a breakdown by general class of such charges such as "make ready'' charges, pole rental rates, etc., and by name of the ILEC. The total annual revenue received by AEP-WV from all Incumbent Local Exchange Carriers for any such charges resulting from a pole joint use agreement and a breakdown by general class of such charges such as "make ready" charges, pole rental rates, etc., and by name of the ILEC. Please include information as to which utility accounts and sub-accounts each of such revenues would be recorded. For responses to 1.12.A. and 1.12.B., please provide the applicable responses for Frontier-WV and for Citizens Telecommunications separately. -7-

9 1.13. For AEP-WV, please provide the following information, for each year, 2007 to most recent available data: A. The total annual amount charged bv AEP-WV to any other "attaching party" including AEP affiliates for any such charges resulting from a pole joint use agreement and a breakdown by general class of such charges such as "make ready'' charges, pole rental rates, etc. Please identify any such "other attaching" party which is not a CATV provider, CLEC, or ILEC. B. The total annual revenue received bv AEP-WV fiom any other "attaching party" including AEP affiliates for any such charges resulting from a pole joint use agreement and a breakdown by general class of such charges such as ''make ready'' charges, pole rental rates, etc. Please include information as to which utility accounts and sub-accounts each of such revenues would be recorded, Please identify any such "other attaching" party which is not a CATV provider, CLEC, or ILEC For AEP-WV and for a typical or average pole height : A. What pole height does AEP-WV consider appropriate for use in a pole attachment rate formula and why? B. With respect to the answer to 1.14.A., please define ''usable space", and "unusable space" and citations to any safety code or utility regulation upon which this answer depends? C. Is there a current dispute between AEP-WV and Frontier-WV regarding the appropriate definitions for "usable space", and "unusable space'' and/or the space AEP-WV believes to be allocated to Frontier-WV. If yes, please explain AEP-WV's position in detail In a situation in which a currently Frontier-WV owned pole, and to which AEP-Wv facilities are attached, is damaged and requires replacement: A. Does AEP-WV or Frontier-WV replace or contract to have the pole replaced? B. If the pole is replaced by AEP-WV does AEP-WV charge Frontier-WV the cost of a new pole and associated installation costs? If yes, please provide a recent example of such charges to Verizon-WV. C. If the response to 1.15.B. is no, please explain including whether or not AEP- WV assumes ownership of the pole in this type of situation. -8-

10 D. What is the current cost of a new bare pole for varying heights as typically used for distribution facilities by AEP-WV? Does AEP-WV believe that a pole attachment rate difference should exist for fiberoptic cable attachments compared to coaxial or copper cable wire attachments? If yes, please explain the basis for such difference and how the difference in pole attachment rates would be calculated For AEP-WV please provide the following information for the years 2007 to present: (Please provide your response both in writing and by an Excel spreadsheet.) A. The total number of poles in service during each year. B. The number of poles placed into service during the year. C. The number of poles in service during each year in joint use with Verizon-WV and subsequently Frontier- WV. D. The number of poles in service during each year in joint use with any other Incumbent Local Exchange Carrier other than Verizon- WV and subsequently Frontier- WV. E. The number of poles in service during each year in joint use with a Cable TV provider. F. The number of poles in service during each year in joint use with a Competitive Local Exchange Carrier. G. The number of poles in service during each year in joint use with any other "attaching party" not listed in items C through F. Please include the identity of such other "attaching parties" in your response The FCC's "Cable Formula" and "Telecom Formula" for determining the maximum pole attachment rate for use of an electric utility's poles uses specific FERC Form 1 accounts. For example, the FCC formulas define Net Pole Investment as equal to Gross Pole Investment (Account 364) minus Accumulated Depreciation (Account 108) minus Accumulated Deferred Income Taxes (Account 190, ). A. Please provide the historical data for the following accounts from 2007 to the most recent year available. -9-

11 1. Gross Pole Investment (Account 364) 2. Accumulated Depreciation (Account los)(poles) 3, Accumulated Deferred Income Taxes (Account 190, )(PoIes) 4. Total Administrative and General Expenses 5. Gross Plant Investment (Electric) 6. Maintenance Expenses (Account 593) 7. Pole Investment in Accounts 364,365, and Depreciation (Poles) related to Accounts 364, 365, and Accumulated Deferred Income Taxes related to Accounts 364,365, and Depreciation Rate for Gross Pole Investment 11. Tax Accounts Applicable rate of return element used annually to calculate applicable carrying charge rate. B. The foregoing request for historical FERC Form 1 account data is believed to represent all of the various accounts required to calculate the cited FCC Formulas. If AEP-WV believes that additional FERC cost account data is applicable to a pole attachment rate formula either as a result of the 1986 AEP- WV and Verizon-WV joint use agreement or an alternative formula being proposed by AEP-WV in this case, please provide the 2007 to present historical data for those accounts. C. Please provide your responses to 1.18.A and 1.18.B. both in writing and by an Excel spreadsheet. D. For the calculation of a pole rental rate to be charged by Frontier-WV to AEPdoes AEP-WV believe an Appurtenance Reduction Factor is appropriate? If yes, please state the factor and explain how it is determined

12 E. For the calculation of a pole rental rate to be charged to Frontier-WV by AEP- - WV does AEP-WV believe an Appurtenance Reduction Factor is appropriate? If yes, please state the factor and explain how it is determined Please provide an update on the status of the Davey Resources Group pole inventory. A. What is the format of the inventory data, e.g., Excel spreadsheet? B. Have the parties resolved the question of how to draw a statistically significant sample from the survey data? C. Please provide a brief description of the types of pole characteristics surveyed The Federal Communications Commission Rule fj (b) defines pole attachment as,..any attachment by a cable television system or provider of telecommunications service to a pole, duct, conduit, or right-of-way owned or controlled by a utility. A. To what extent do the pole attachment issues in this case also involve disputed rates or charges applicable to ducts and/or conduits in joint use by AEP-WV and FTR-WV? Please explain the dispute if applicable. B. If rates or charges applicable to ducts and/or conduits in joint use by AEP-WV and FTR-WV are not in dispute please describe how such rates or charges are currently determined The following questions are specific to Appalachian Power Company s Virginia (APCO-VA) jurisdiction : A. Provide the current pole attachment rate being charged by an APCO-VA to each applicable Incumbent Local Exchange Carrier (ILEC) in Virginia. B. Is the pole attachment rate provided in response to 1.22.A. determined by a joint use agreement between APCO-VA and the ILEC? C. For each pole attachment rate provided in response to 1.22.A., please provide the formula or complete description of the method by which the APCO-VA pole attachment rate is determined including the definition of each term to include the following if applicable: space occupied, usable space, carrying charge rate, unusable space, pole height, and applicable rate of return,

13 D. Provide the current pole attachment rate being charged by an APCO-VA to each applicable Competitive Local Exchange Carrier (CLEC) in Virginia. E. Is the pole attachment rate provided in response to 1.22.D. determined by a joint use agreement between APCO-VA and the CLEC? F. For each pole attachment rate provided in response to 1.22.D., please provide the formula or complete description of the method by which the APCO-VA pole attachment rate is determined including the definition of each term to include the following if applicable: space occupied, usable space, carrying charge rate, unusable space, pole height, and applicable rate of return. G. Provide the current pole attachment rate being charged by an APCO-VA to each applicable Cable Television Provider (CATV) in Virginia. H. Is the pole attachment rate provided in response to 1.22.G. determined by a joint use agreement between APCO-VA and the CATV? I. For each pole attachment rate provided in response to 1.22.G., please provide the formula or complete description of the method by which the APCO-VA pole attachment rate is determined including the definition of each term to include the following if applicable: space occupied, usable space, carrying charge rate, unusable space, pole height, and applicable rate of return, - 12-

14 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO E-C RALPH A. FRITTS V. APPALACHIAN POWER COMPANY, dba AMERICAN ELECTRIC POWER CERTIFICATE OF SERVICE I, LESLIE J. ANDERSON, Staff Counsel for the Public Service Commission of West Virginia, hereby certifjr that I have served a copy of the foregoing First Requestfor Information for American Electric Power Company upon all parties of record by First Class United States Mail, postage prepaid this 24th day of May, Joseph J. Starsick Jr. Associate General Counsel Southeast Region Frontier Communications 1500 MacCorkle Ave., S.E Charleston, WV William C. Porth, Esq. Counsel, AEP Robinson & McElwee PLLC PO Box 1791 Charleston, WV West Virginia State Bar I.D. No. 5777