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5.3. ERMUSR 12-15-2009~/ Elk River -; Municipal Utilities 13069 Orono Parkway • P.O. Box 430 Elk River, MN 55330-0430 November 30, 2009 To: Elk River Municipal Utilities Commission John Dietz Jerry Gumphrey Daryl Thompson From: Troy Adams Subject: Industry Rate and Finance Challenges Phone: 763.441.2020 Fax: 763.441.8099 At the October 13`", 2009 commission meeting, the commission directed staff to comment on an article published in the September 2009 Public Power magazine. The article, "7 Rate and Finance Challenges" v~~ritten by Dave Berg, P.E. of R.W. Beck, is attached for reference. In the article, the following issues were discussed: 1. Special rate programs, including conservation and demand response 2. Net metering and backup power tariffs 3. Renewable portfolio standards and carbon legislation 4. Large customer/local employer incentives 5. Municipal government cash requirements 6. Infrastructure needs: debt vs cash flow funding 7. Overall rate strategy These issues are truly relevant enough to be stand alone topics of discussion. The following is a brief response to address how these issues relate to Elk River Municipal Utilities. The response is as it pertains to the electric utility only, not the water. This article was written specifically about municipal electric utilities. However, many of the issues relevant to municipal electric utilities are also relevant to municipal water utilities. 1. Special Rate Pro rg_ ams The rate structures that Elk River Municipal Utilities (ERMU) utilizes have been in place for years. The residential and small commercial (non-demand) customer rates are based on energy (kWh) use. The large commercial/industrial (demand) customer rate is based on energy (kWh) and demand (kW). There are also well established conservation improvement programs with many rebates and incentive programs. These are very common rate structures and programs. They have worked well for the ERMU. However, there isn't any reason why the ERMU shouldn't be continually assessing rate structures and new programs. One of the benefits of a municipal utility, as opposed to a coop or investor owned utility, is the local governing body with a localized customer base. This puts a municipal utility in a unique situation to design rates and programs to specifically benefit their customers. There is already awareness within ERMU to use the positives of being a municipal utility to create an environment where ERMU, the customers, and the City of Elk River (City) all benefit. In November 2009, the utilities approved a Low Load Factor Rate Adjustment clause to be added to the demand tariff beginning in 2010. There is also an opportunity to partner with City to create rates and programs to encourage local economic development. This will be further explored and presented to the Utilities Commission in the near future. As the economy turns around, it is mutually beneficial for ERMU and the City to promote local economic development and to help expedite local economic recovery. Two years ago, Great River Energy (GRE) changed their billing to a critical price time-of--use structure. This change shifts the risks of volatile cost of energy due to time-of--use to their customers. A number of years ago, Connexus Energy did implement a residential time-of--use rate (which has since been cancelled). This type of rate works well to discourage and curtail energy usage during critical price times if cost information is effectively communicated to the end user. In the case of ERMU, our rate design does not communicate this information to the end user. Part of communicating this is providing the customer with cost information to make informed decisions about when to use energy. But also, the rate design needs to pass on the cost associated with the critical peak time to the end user. Even if the customer is informed, the use habits may not change unless there are cost implications to the end user. To implement atime- of-use rate structure involves a significant investment in the metering and billing aspects of the company. And although it may not be economically feasible or publically acceptable to pass on these critical peak time-of--use prices, inevitably this is the direction the electric industry is heading. This will be driven partially by wholesale power costs and partially by legislation. It is important for ERMU to keep this in mind for future metering and billing upgrades. Customer education would be critical in implementing time-of--use billing. 2 Net Meterin~Land Backup Power Tariffs Elk River Municipal Utilities recently connected its first photovoltaic supplemented customer and has a few wind turbine supplemented customers. These customers have net energy billing so when their on-site generation exceeds their usage, the surplus is sold back to ERMU at the retail rate. With government tax credits and incentives, these types of installations will occur in greater frequency. In the future, there may be legislation that would require utilities to pay the customers a premium fee for the surplus energy transferred back to the system. Elk River Municipal Utilities also promotes its wind power program. In 2008, 0.24% of the total energy sales were made through this program. Elk River Municipal Utilities doesn't currently have any "backup" power customers. This would require the customer to have self generation that would be economically feasible to run 24-7. Or it would require the customer to have primary power from another utility. At this time ERMU does not have a "backup" tariff. This is something that could be addressed if the need should arise. We do have shared substation agreements with other utilities. The reimbursement for energy usage is dictated by contract. 3 Renewable Portfolio Standards and Carbon Legislation The State mandated renewable requirements do not directly affect ERMU. Our renewable requirements are covered by GRE through 2018 when our wholesale power contract with Connexus Energy ends. This will be considered as ERMU continues to research power suppliers. Our ownership in generation at the Elk River Landfill provides 3.2 MW and 26M kWh of renewable energy from four engines. Elk River Municipal Utilities sells this production to GRE and is contracted to do so through 2022. After that the contract could be renewed or this renewable resource could be part of ERMU's portfolio. The Landfill is currently flaring off enough gas to support an additional 3 engines. If similar funding could be secured to expand the Landfill Generation Plant as was used to build the original plant, it may be a good investment for ERMU to make. This would put us in a better position when negotiating a future power contract. Carbon tax legislation is looming. Connexus Energy, Wright Hennepin, and ERMU are served by the same GRE generation portfolio. Some of the other local utilities have different generation portfolios through different power agencies and therefore may be affected by carbon legislation differently. In one form or another, utilities will see the costs associated with energy tax passed on through our wholesale power costs. This increase in power costs impact our operating expenses. An increase in expenses directly affects the rates. This will be a challenge for all utilities. Keeping the customers informed will be very important. Elk River Municipal Utilities needs to utilize the communication resources it has to proactively educate it's customers on these changes. This could be done through our website, or our bills, or through new social communication media. 4. Lame Customer/Local Employer Incentives Although they can promote locate economic development, large customer and local employer incentives can also be a slippery slope that could create an environment where the cost of service is not fair or equitable for all customers. By creating an incentive too great, the cost associated with that incentive is unfairly subsidized by the other customers. Yet there is reason to promote and encourage large customers and local employers. This needs to be done with balance and fairness in an equitable manner. A solution may be to provide a new customer an economic development tariff that a new large customer or new local employer would qualify for the first few months of service. This would help to promote new development and new jobs, but not burden the rate payers for years to come. 5. Municipal Government Cash Requirements Elk River Municipal Utilities exists because of the City. And although ERMU operates under separate governance, it is owned by the City. With this comes a level of inherent liability and accountability. There is also an opportunity cost in lost taxes with a municipal utility. It is fair to the tax payers that the City realizes a return on investment. This is typically done through a payment in lieu of taxes (PILOT) but is also often supplemented by donated utilities and labor. For a statutory city that has established a utility governed by a separate utility commission, the state statutes require a separation of funds. This separation gives an added level of accountability and helps to ensure a fee doesn't become a tax. There is a need for accountability and balance. Elk River Municipal Utilities needs to provide a return on investment to the tax payers while providing fair and equitable cost of service to the rate payers. There are a number of methods for a municipal utility to calculate the PILOT including, but not limited to: percent of gross electric operating revenue, flat amount paid annually, property tax equivalent, assessment of electric utility and city budgets, charge per kWh sold, percent of net utility plant in service, and percent of income. According to a recent APPA study on PILOTS, percent of gross electric operating revenue is the most commonly used method for this calculation. The study is attached for reference. This method can create a positive relationship between a city and utility because when the city helps the utility to prosper, the city also prospers. For ERMU, the PILOT is set by policy at 3% of revenues generated by Elk River electric customers. The policy was last revised in June 2008 and specifies that this contribution level be revisited in 5 years. The contributions to the city policy also specify that ERMU donate all electricity to the City for all facilities not associated with enterprise funds of the City. Although not specified by policy, there is also donated labor for such services as tree trimming and banner hanging. This policy is attached for reference. For 2009 the projected 3% of revenue from Elk River customers is $587,000. The 2009 donated electricity and labor are projected to be approximately $420,000. The 2009 ERMU PILOT is projected to be approximately 4.2% of operating revenue. According to aforementioned APPA study, the median contribution for a utility with revenues between $20M - $SOM is 4.5%. In difficult economic times where state aid to local government is being cut, tax payers would benefit from an increased transfer from the utilities to the city. The result would be an added cost to the utilities during the same difficult economic times when consumption and revenue may be down. To provide relief for one group at the expense of another is solving one problem and creating another. There needs to be balance and logic that can be justified to both the tax payers and rate payers. In the article, the solution is well stated that the "...goals related to PILOT are fairness, predictability and transparency." Communication is essential, not only between a utility and city, but with the tax payers and rate payers as well. This can foster a symbiotic relationship between ERMU and City that will be mutually beneficial to the tax payers and rate payers. 6 Infrastructure Needs• Debt vs Cash Flow Funding Elk River Municipal Utilities does on going capital projects projection and system assessment. Everything added to the system has a finite life associated with it and therefore planning needs to be done for its inevitable replacement. Typically ERMU will budget for the capital depreciation to offset the capital projects. However in recent past, ERMU has experienced rapid growth. With this growth came rapid infrastructure expansion including a number of new substations and feeders. The cost associated with this rapid growth was partially funded through bonds. One reason to bond for big infrastructure improvements is so the customers who benefit from these system improvements are also the customers paying for them. Also to be considered is ERMU's debt and its impact to the City's financial rating. The Utilities Commission had adopted a cash reserves goal of $3.SM for the electric utilities. At this time ERMU is at approximately 43% of its reserves goal for the electric utilities. As ERMU get closer to reaching the reserves goal, the target amount may need to be reevaluated. 7. Overall rate strate~y In the article, the solution to the issue of overall rate strategy outlines a list of core rate-related principles. These include: ^ Five-year financial plan ^ Setting financial ratios ^ Anticipating rate needs and developing rate change transitions ^ Developing a public relations program ^ Addressing fee structure ^ Stating policy regarding competitive pricing ^ Defining methodology related to reliance on cost-based pricing ^ Setting reserve fund policies ^ Establishing rate rider guidelines ^ Adopting a written strategy This is an excellent and well defined approach to establishing goals and direction for a utility. Many of these core principles are already being done by ERMU. The financial plan (10-year) is reviewed during budget time and then again after the audit is completed. Setting financial ratios have been done case by case but have not been defined by written policy. The Utilities Commission had approved reserve fund goals, but is not a written policy. During budgeting and rate design, ERMU is aware of competitive pricing, but goals are not defined. Documenting many of these principles that are already done in practice will help with long term planning. By having written policy, ERMU has a blueprint from which to educate and communicate. Conclusion Overall, this is a very well written article exploring important issues for any utility. For ERMU, this has brought into focus industry issues of rates and financial planning that we need to address. How we address these issues becomes the fundamental building block on which we can achieve its purpose. The Elk River Municipal Utilities' mission statement is "To provide our customers with safe, reliable, cost effective and quality long term electric and water utility service. To communicate and educate our customers in the use of utility services, programs, policies, and future plans. These products and services will be provided in an environmentally and financially responsible manner." Rates and financial planning are important to providing fair and equitable. cost of service and a foundation for long term viability. ~ en Renewable energy, a sagging economy, aging infrastructure and other trials put pressure on utility finances, ~oday, rrrany public power utilities face common rlrallenges operating in the rhaotic utility environment. How do you compare to tyre issues and solutions adopted by our utility? as a city-owned electric utility serving a community twilh a population od approxi- mately 75,000, the Municipal Utility is a theoretical but typical mid-sized n-runicipal utility. It has a peak demand of 200 NIVV and annual energy sales of 1 million kWh. Its customers are mostly residential and cornrnercial with some light industry and one large manufacturing facility, whidr accounts for 7.5 percent of the annual energy sales. The Municipal Utility meets its wholesale requirements through a combination of owned generation and market purchases. It owns a portion of a large coal-fired base load plant and has local peaking resources, and it is plannirry to add additional local peaking resources in the near future. Tire utility is governed by an autonomous Utility Board whose members are appointed by the City Council. looking forward, the Municipal Utility recognizes that there are many important is- sues it will need to address. These issues otter have a component that directly impacts the utility's rates and charges to its customers. At a basic fevel, the Municipal Utility is in the business of providing electric service to its customers. The revenue side of this business is driven by the utility's rates and charges, +n~hich in turn can be de- signed to affect customer usage behavior that can irnhact the cast side of the business. The Municipal Utility has identified the fallowing issues ttaat will require rate- related'tactics as part of the utility's broad business strategy: • Special rate programs, including conservation and den~rand response • Plet metering and backup power tariffs • Renewak~le portfolio standards and carbon legislation • Large customer/local employer incentives • Municipal government cash requirements • Infrastructure needs: debt vs. cash flow funding • Overall rate strategy 16 SEPT f:AAt3f:R 2aa9 PUDLIC: POW[R . ;',~;: •'%~, ~~ 1 :, ~•: ;. ' :'.;~, ~:;+;., ;~ .. ,,;,, ~:.:;~' .i '~~~i • ~J'1 ',':1, ~. ,s; }"i Y.¢~ <hi ij :i~ i! }, ,4; I F'J ~, ~~ ` l+ 'r ~~ . ,+ `~; ,;' < :-, ~., ,i ~a i ~.I i ~~ i i 4 _ i :,ti'`,= .~ .'i `, ~.;~ ,., ',~ ;; j ..,j i. The Municipal Utility's- current rate structurra have: bt:en in pla(:e for fnany years. Mae rates include customer charges and single Mork energy charges for resicfefrtial and small commercial cus- tomers. Larc{e conurtit:rciial crrslorrsers have a <lernand and energy rate, and the industrial custofrac:rs have a clerr)and raft: wiU) on- and off-pea:k energy rates. Thtl utility realizes that more special- ized rates are neeclec1 to influence customers' use of electricity. There has been a recent en)phasis on conservation programs to recArce overall electricity usage and demand response efforts to reduce peak consumptiorLThe Municipal lJtility is also hr,{!inning to cclrrsicter advarac~cl raletering infrastnfcture 1AMq devict:s to support smart grid {);rogra(1s- ,i~ ~' ~ !" '3s~ •~~I t~f 0 ) l~ • .7 it , 't'he ,\9trnic•ipal if'tilit}' bar inrfilt;rnented a broad arf,iy al~rctrdes lin• ene-;f;~° ellic.ienc~~ (.~Iluris, :snc}r ax c~tddcient aplrli:utccs, r:onrpac! Iluo- resc~nt lighting :tncl :irfsr+latinn prcr~m.uns. dt also ~adn~ks directly ~vi111 larger custOrnere to reduce eonsurr+ption ttrr'nugh more efl)cicnt rnoh-r~, ,liglrtiragtrr(1 otd+r:r (rxes. J{t:cgrgnizing drat successfid c•onxer- v:ttion J-rc>t.;ran-s reduce ralc~, x-?tridh retluec revenues, has f•exultetl in a rc~rewed ell'art to mcrr7itttr rr:rc:nnes and rusts through tare util- ly~ dinanci:il Pharr. The crarrxcr~~at`iora prx)grams also haul: a c•(-st assneiated +vith the rrhxtES arul r-ttrer lrrogram costs. As c•(+nsump- tinn Boca iloarn, the ertihty rest}' nceil to raise tales or rrrrpltsnent sorrre. form ()f ilccontileil ratr:~x (rea'e•nnes not tied io conxurnl)tion), rAs tirtare rate incrr;~rses rrre:rE~rdtrrc:d,.it ix conxiclerin~.r move to in- vc:rted c:nerly r•.a,trs, +vtrc•1c: higher 'levE~ls of usage gel more ca1)er-sive. '.Chis a.%r,r:r~rl firriher s iscatrrr~~c• Iri~;her Ievcls nl energy ux(:,1)Ut i116''lllglter I:ISrI~.;t: r;slfkS hr:lp'olT;xet (tte Jc,~4•er res•erure (Irre to )'ecluceil s:rdex. 1?or rale;r•edatci) ltrrc+airil rexl,clrrxr etToris, .it ix rnn- sidc:ring both rarr'r)t .•tncl xi;icil; aly)a'oaclrt;s. "I't+f; ca+xat appraac•}r includes giving carstorru=r:t a .cnt.i~il or,r a)/k!1' h:rxis fi.Ia- reiluc.ing peak 1o:(il crnrxrnr,r~,tnon (vFu~n ct~rlut:sted Itry tFte nti9ity. 'f'hc stied: atr- pr(~suh i:nc:dniles rraclre tiurc~-cli-nee telex fur rnrlrG crasiomer rlax~ts ai7d f:Y`r.'rl hi~lrc:r .rrtt:.x ltu- c,r+-ftc•;tl, ~as"~u~:. 'ifu.: r~rtilih' is :ilvo c^c-ntern- plating c•riticsd t.Ie:ik lrririr-1; a'i(I.t tiifrril'u.:anily higher a;~lles tlu+anf; a snr:rll ntrmh(:r of pr:~tla !;react; drarir~ !}u; yt.1r. C:riti<•ad freak pric~irag tviN r'erfrrire Borne kinil(If tvl~c>-*`v;t}'tornmunit;aticn) Kith custo,r+crs to :i1e11 them That a t:ritii:r:al ~}•reril; lreritlrl h:rs hc;r..n dcc~l:u-E~cl. Ulti- rn;rlel}; the ~itcra:icifla] CFt.idit~i• kv`rll tae movi.nt; into .(utarrardc(I rne:lcaiur~; inJ:rastcrrctt+n-t; ~;1:~11'j s1:xtr;rnx :and will r~cs:•rl to rnnsider all tllf:.costs asxrrrisrtxil r:±itb tt1e. ~rcc>gnnnx <ak)n~; t~iih tllrr xa+ingx real- ized to (lclerarriru: le(»+• A'rr~r~•r~J :r~~t(; I~aeJs kvill t>E~ arrrtytrte(1. riitil7 syatt:rns also :rddow for rxr(Irc• irfreclvative rates to tinilfef• inflnenct~ customer rrxa~;e. www-APPAr+E.t.xn'~ The state legislature and ,ptrtrlic utility (:ommission have imple- rnented requirements for utiliities to betgin in)plementing net rneterir-f~ and backup power tariffs. TPre net rnete.ring tariffs are intended ic,r smatter .renewat-te generation installations at resi- dential an(1 comrnPrcial locations. Under this tariff, the a+stonier is required to receive full retail rate credit for any surplus energy injected into the Municipal iJtility system, 'fhe backup power tar- ifts are required for larger customers who self generate all or a portion of their own requiremerts and who need backup power from the Municipal Utility N/iien their own ,generation pis not avail- able or is insuffi(:ient to meet their recluirernents. ~ 1 ~ yy~~ {~ ~ ^ ~ ~ ~~ ~" 4 ~1 ~ {~ !F.~ : TII r : T+" Ella ,lit +}~l?', The state hart ixsrrrd net nreterir)f;rrilcs than will (:lictatt: much of thc: utility's nee+• ned meterirr~ tarilT.'Cht~ rvti~t~• has ;dso collected tari~lls from alher arf:a utititicx that .are drxi~;ned to co)xq~ly ~~ith Ilfe samr: rules. "fi-c u~ility',~nll cerlrri-t rneternnf; t.rpgr••ulex art customer loc:(- tior+s where rr(:t metenn~; st.-vrce is rcqut~xte(I. The ne~v meters will rnesrxure tlo+v of t:ner~ry 1)(-th into :aril not taf ihc: custonrt:r lircilii}'• '.I'hc state ruler ,•(Ilo~x fOr eoflection of :additional teeter espcnses. Tire \~tanicipal Utilit}' u~i11 ifnf)lernent a higfrer mont!-ly customt:r charge far:net r;r+ett:r'rng Crcttornf::rs h:(xe(I r-n the clillerence in capi- tal cx,st, incltadin~; installation roll di~u• Glee crew nnetrsr amortized over the e~l,etteil till: of the rnetcr. for the hac•krrl:, r,owe:r tarS~l; the slttf- nicif,al i`ltility rrc~eds to s~-nsidt:r ~idac )•erlrrirere,(ants of the lr<teknp customer in an urahun(dletl sti:ry. hot itrt: gent:rxticrn coil h•ansrnis- sian l,c-riionx (,f itrc: h:ukn~, I•frill,; it h:ts c+f-ted to rely c-n tare rnsu•;ket. 'fire uraknrnvn n:rturc (-f tignin~; .ur<1 nrnnunts ++I' t,:)e•kup generation requi)•(rd ruake it r.lilTicnLt lur the ~Innicilssid lal'ilit}• lc- inc:luilt: provi- xion of bacl:rrp geurer:rti,o:n i.r) its 4~;cneration s+xxet flans, '.fhe \furricifu(i Utility :is a lrfrti,ciff:rmt n•r Llrf; rrti>;ioraal indeFu:ndent x}_r-- tern orier'ator, which avid! pr(niik roil-1'irne market po+vet• dclivert:il to Ihc: ~turiirip:tl 1ltility din• any luu•kup ~;ener:ri'ic,:n :curl b.urxn)ission requirerntnts. The: niidih}• ~vit>I clc, a sta.uglrt patix-(tarorrgti, ~~iQr an alder loI' local system Icrsst s, io :M.ry hxcd:up rustr)rrrt:r a-egrairinf; en- cr~•. for !oral tl'isU~ihuticrrr :cE:r-+~icc~x (.g+.rl)xtsrtianx., ler:der;x, ser~~ic•e trfuhlurrners alrrl ilrs>l-s, rru:te:rs, rte.) It:lr; ;V.lr:rniripal iltility 1(1Il I'r:ay on its frnhurullcd rust of srrrlie,e :ut:r9ytiis to cet Wised rnont:hly r.+trh on :r ~1(1y b:txis fear ilac nra~imrr;nr) kr~vrknp :rrrr(+rrrit r-e(luest(•d k)y the custorncrx.:ll tats arlriptt+r'd a J:ibilcncrlihk• klrrt .it rr~rrst f)Lrn Anil belle! its loci! sy'vtem to d:+e sable t,rr sera•~' tduE k,arkrrp crrst(Irners <rt any tif:rac:, dust litre :tr-y otter crrsto.mtc~:r. Scr rery)eerv 2f)U~J 17 7 Rate and Finance Challenges `~l~ . .. Tie Municipal Utility is concerned about the rate impala of putenrial environmental legislation. Implementation of re- newable portfolio standards (RI'S) and potential legislation or regulation to limit rarhon dioxide emissions are of partic- ular concern.7he Municipal Utility has added wind resources to its yeneratipn portfolio and currently provides 4 percent of its energy sales from wind. Flowever, it also rec- ognizes that (here has been a net cost to add these resources. The utility is concerned that if RPS mandates 70 percent to 3(} percent of energy requirements from renew- ables, there may be a significant cost impart. Tltis cost impact could he driven by numerous factors including higher Capllal COStS dUe to InCI'caSP,(1 demitnd, increased UanSn11S- sion requirements, and expanded operating challenge"s. Potential carbon (fioxide legislation is a source of rate iml)act anxiety for the Municipal Utility. t\ny proposal Io limit carbon dioxide emissions will likely increase costs to the Municipal Utility and its customers. This cost increase could be sub- stantial. The challenge for the Municipal Utility is how to prepare when the outcome is largely unknown. 'blur 1lunicijxd Utilil~ hats ahcath intj)Ict-x?ttk'tl SICj)S to tltiuti-~r jl5 huwcrul,hlc Lnul;ranr to mininrirc• nc•~!atisr cost intlrtc•I Irum lrentl- iu~ cuvironntcnlal rc~;nl;tlions. tielaliye lu the rate si(Ir of the business, it has decided hr iucrcase its crrslonu'r a~y;uc•ness pre~~rauts btu lnrlrue c•nslnnters h,r ch:ut};e. cyh:de~cr that ehanl;e n,•,ty he. 7•he nlilily lint (Iccided lu inq,lcmm~t an "cuyironnu•ntal a(Ijuslrncnl" h) its ~alc schedules. "phis :older will he similar to a fiu•I or lnuc•hased power adjusbncn(. 'fhc cnyirunnu•nlal adjustntcnt mill I)el;in appcarigt; on hills inuncdiatcly, htrt the inili;tl aruututt of the ;tdjnstment will he zero. "I'he uccy hills will incln<.Ie infornrttiun about the rationale li)r the adjusbncnl (il will rellecl inc•rc:tsed rusts to meet new eurirounrcntal rc~<;ulalirmsl. "I'hc• adjustnecnl ~yill he a shai~;ht pass-lhrunfh un a pcr- k\1'h basis, applied erlualk to all costumer class(~s. As e•usts arc incurrc(I, the adjuslnrcut will hr~;in lu impact (till ;unuunts, :ut<I the bills syill inclodr specilic inli>rntaliun abutd the jttstilicalion and c:dcu- laliun of the adjuslmeul. ']'he \lunicipal Utility ~yill also add infitrneUion to its nurtnal cunuuuniraliuu outlets such ;ts its \I'eb site, e-mail, mctlia unllcls :uul ronumutih organization prctc~nlutions. In addiliuu, it has he t;nr, to imcsligalc uutre andenrpora,v con-numica- tiunssuch at a hk~~, a Iracc•huuk page and'I\yitler. 18 Srr rEr~Nen 2009 PUnLIC POWER ISSUE 4 Tie Municipal Utility leas a largr; mAtnufacatuirag lat:ility lloc~tte;rl in its community that accounts for 25 percent of the utility's r:n- ergy sales. it is also a significant ernployc;r za.nd pis a a:ritiraal piece of t]re local economy. The rnanr+fatauring farzility is fn• cased on controllinfl its operatbrg rosfs and }ras rrrar~e ,dirF,~ct recEttests for electric ratr; relief.The rrtantrfacttuing facility rrJter- ates three slrltts and takes advarst~rge of the lirner-of-.use ratrs availat~le front ttte Municipal Ulilly. Ttre ~'lunicipaJ Udiill'i~iy knows wt will he implementing our:rall rate iirtcr.eases going 1or- w~rd. The primary issue has beanrne the witlinyness crf :the Municil~~l Utility to grant ra4e corrcr;ssions to t!tre :nranufe,r:urr ing facility and pass additional costs onto tfte renr.ain~img custor7rers. ( ~, , •~ `: The Uunir:il.r;d Utilitp• ,tclarc.+~~•Ietlt;es tlrr;• iruprsxl::tnc~e of Ilrt.• rrrArrrr(ac•- turitr[; Gtcility Ur the lucid t:conorny ;uul to ths• sr4ality. l..crss c T (Eris cyrsinrner crrcdtl h.ne:+ rfe~;ttlatin, iugru•t nn ihe~ t:xrenrsrcrnity,tnol tsn all u1iE,ity rxtepayet•s. On a 1'~hilosuliEsiatl basis the '~lurnreif+:il ![bti}ity is rtalEirt}; to consider r,dr; t.•rmsitle+:+tious (c+r (Eris cr+stcrtrst:~, E.aarticu•- l:ul}' as it rehttt;s to dhe e>-eds ui• fuhrre r~•tte ii.+rreztses. 'I'hC~:cr'rait^al issrrc+ Ib.r the utility ,is Ihsd it rnakrs inCc>rrne•tl ilec•isinns relatc~il to rates;uttl ccrsls to la•tn~itlc sc•n~icc.'fhis ~~°ill rr•rlnirx• a t.lr.+t.rilct3cirst-riE•- sEr~•itt; •turihsis to esliuratt; (Itc true east trs sere reEl'ils cnrsturnesrs. '1'Ire Udi.ity Eioard hats a~t;rectl in prinrilrle inss<•c•ept ;tsrn~rlksr:cw~errlll rarargin firr (Iris c~stornrr srrul n Esi~Escr rn;rr~;in lin• nr;rrrraisnn~ Crrrs- Inrnenti..Ilnu•r~+~er', the ho;rrtl ~+•i.ll nut Errrt ils .rc•rnairiigt; err~iorcrers in tlrc lrnsrtinn oE;sulniclicint; r'nerE,~}• s;tles to tltc nr,~rnif;tcturirr~:lacility. Iiy ear~rnrg :the rnar~irrs lry rttc t:l;tss in the tryst-ol'-ser~icc~ ;trrd~~si~e, l'he utility cau ;(Hive rrt a r;-tion;tE ;rl+praacfs lirr p.+:cnclinr; a•atc rt•liesl•~to all 1177f)rn'tilnt local I~tc•ilty. l'h~ °Lltility Board has a.gree,d in ~rincapl;>a tto arccopt a smallQr ouerall margin fo~,r 'th'is customer and a 1'igher ~a~a.ra,~iin for roemtai~:ng ,cust,n+ners. vvww.APP~nel.ortr 5ernrl<,ruer+:2oS39 '79 7 Rate and ~irtartce Challenges T,e Municipal Utility is owned by the rily an(I the citizens it serves. As such, the city is entitle(I to a reasonable return on its investment. The Municipal Utility makes a payment in lieu of tax (PILOT) contribution to the city every year. Historically, the amount of the f ILOT has been more or less neyotiatecl between the Municipal Utility and Ule city. The Municipal Utility believes the historical PILOT amount has been reasonable. Rec(:udy, the city has come under economic pressure to increase fclnding and has requested a significant temporary increase in the I'lLOT pay- ment from the utility. The Municipal Utility is concen)ed that the new f ILOT amount is unreasonable, the increase will not br: ten) porary, and the utility may be viewed as a source for future increased funding needs. I t, .~ }, r ` ~ ~ t~ ISSUE 6 he Municipal Ulility has onyl:)inct capital nee(Is to (anti infrastruc- ture improvements and a(IdiGons to its system. It has outstanding debt relate(I to past capital a(Iditions, and it maintains a favorable. aril stable rating from the rating agencies. The utility is projecting a steady increase in capital needs in the future for renewable re- sources, ~1N11 systems, peaking generation and other local system additions. The Utiiily Board is not debt-averse, but it prefers to pay for capital needs out of reserves anll cash flow as much as possi- ble. As increasing costs and opposition to rate increases combine to diminish available margins, the board is concerned about its ability to rnaintafn the utility's band rating while relying more on debt financing of capital items. The Municipal Utility needs to strike the light balance r•.onc(?rniny funding of capital. ~r I` ' ) 1~ ti~ ~ IAI' .I~' tt ,~ ~ ~,~ The Municipal Ulility detrnniu(•d Ihat its goals rclate(I in the ' ' ' I'hr, ,lhlnicipal l,)tilil~~ currently funds (lepreeialion through its t ILO 1 ;u'e lairntss, predictability an(I Ir:ulsparency. I'airncss \vill rides. It tuts decided to establish a policy to use the cash Ilo\v avail- hc resoh'ed llu'aut;h dircl•t (liscussious \vith the city. The ,\tunil•ip;d ;Ihlc born llllldlllg IIOII-C:ISII Ilow (lepreciation tv fun(I normal Utility \vill collect infornrdiun ref;:u(ling other nunlil•ipally o\vned " uul;r,ing capital nee(ls. 1f capital nee(Is in a given year arc Icss than utilities xnll their P1LO I' pa}7nenls ;LS well as lrancllise an(1 Drop- (leprcl•i;)1ion, the excess funds \vill bc: added to ;( c;lpihd rescr~'c ac- erty taz inforn)alion li)r communities selve(I by investor-owned colrl)t. 11•capital nee(Is exceed depreciation funding av;lilable utilities and Iota) electric lvoperati\'es. Once a lair lcmlrihuliun is , capital r<'se)~-c ,lands \vill be utilized as \vell. If these !ands are not dcterlninc(l, the issue of prc(lictability caul be addressed. i'rc- snlTiricnt, the nlility will rely ou issuing a ll(litional debt It \vill in- (hcfal.)le 1CVClti Ol 1'1L01 pa~'nlt'lltti al'C a(h';111fagCnllS (U both tllr' ' l l'1'C:IS(' ILC 17)teraetlQll O'Itll ItS 111U1I1Clal alll'ISCI' ;11111 the rallllg city and !hl? 1Lmiripal Ulility. fhlrrc :ue unnu•rolls ntclho(Is av;lil- able li)r (revising a predictable c.•alcnlatiun of P11.0"I; iucludiug as a :lger)cies to ensnrc it mailtlaius or improves its clurent ratJng. 'hhe uGlily also phrns to \vork with its ;o\'ernin hlxl t k I 1 ~..._~ perl•ent;lge of revenue, an auu)unl per energy sol(1, a percl•ntagc of l l g y o ma e sure -loar( rnl•Inbcrs nndersland the need to maintain a fn•rnable rating; ;uul p ant iu sen'ice, :( lixcd anlounl with :ul csl•alalor an(I olhecs. f;ach the et(•I)s ne•cessar) to a(•1lievc fhal goal. 81L't11Ud 11:IS adValltag('ti allO (hSnd\'alllagC~, belt 11 hlll'lICSe 0;111 be CY)Illhllle(11\'Ilh prelllClal)dll)', 111(.' ~'11It1ICIp:11 Uhhly U'lll Ilil1'(f 81'r't\'E'(1 Ut :)Il OptCO)nC that hl;'st S(?Il'('ti Il5 nltl'p;l}'L: rS. 'l•IIC IStiIIC Ul ll'allti- p;a'elicy can he a mor(r dillicnh political l•hallenge. "there .are nuuly a(Ivordes of pla(•illg a separate line item un the utility hill In ulrulilti~ the PILOT p:lynlent, so the Municipal Ulility has decided that it ~+~11 adopt ibis pr,•lclice. ,\s nlilily hills get more conq)licaled arul costs increase for a v:a'icty of re;uous, thl:' \qunicip;ll lJlilily has dc- tcrminell that it \v:nlts its custunlcl:c to h;n'c ae nnlc:h infirrn)atioll ;ls possible to understan(I the indivi(Inal l•omponents that make li p their bills. The utility also Icels that if the !'ILO'! paynlenl is de- len(l:lble, there is no re<I-eon nut to list it scpar:dcly. As atilt#y bills get more complicated and costs increase for a variety of reasons, the Municipal Utility has determined that it wants its customers to have as much information as possible to understand the .individual components that make up their bills, ZO SEPT[tv1(1F:R 2009 t~UBLIC Ppwf: F1 .r+.\.s~r.w.u.:w- - ...W.........,......»...._....._....,..........~...--~------__.._._..._....._~_....._...,J...~.~.._....._._.....,,._.......~..~..~.~,.~.~,..~.s,..,y......w.....~.»w..z,.~,;...::.....,....r......,m.r,..,._...w...,..~~.;..u: T-,e MuriiciYra9 !utility has many issues to (leal avith relative to its fuscil arld operational trealth. Most decisions impact thf: utility's finalrcEa, Which u'Itimately affect rates. The Municipal Utility is concerned at)out how ii -vill -nanage its rates and pricing pro- gram to keep (I,p vvith the changes :in its operating environment, send tare correct price signals and be fair ul customers. ,- f 'flm ~(.llrnic~p;il Utiait}' h<IS ileci(Icil it needs 9n o\cer;III rat4• slrilte~ry t(1 hfap grli(le Ls ra4c:'ision-:making process going Icllwar(I. "fhc rrltr str;dc~' -ull pror•ide (fiirecUnn lclr 1 dE~-rel9t4i1 decisions. Ctolh the utility rn9nage.a74'nt and goverrlirlg body \-'ill 64 rurol\'ed in (Ic\'clol>- 'I:ng t~#1.15 SY.r9te~)'. '.Che titr9t6~y IS E:IIt'IS10rIG(l t(1 he' 9 Ilsl OI C(rl'e 1,~Ite-rcl9te(I plarlcples u7cludrlg; ~• ~~BY'C~ltll)Ing'9rld mAl'r1t;11flllr~~ r1 •11\'e'yE:ll ' h119r1f'lill pl;ll{ • ;~f'tlfrlg lrllrli rrllanl Ir1i1nC191 'I'9f IC,S ~LE.'. , (lel.ll SBI\9CC CO\'E I`il~e, d(~htlE:rldi#y rl-d'i(a, I:nargirrs) • ;tlnticp9timg rate neeils and ilevelr ,ping apllr(Ipri:lte rate cll9nge transitirnls • C)(:rcaopiggantalecti-e plililic: rela- r r t1UrIS plClgl';l'Il9 th9t Slll)pol'ts r' ~ ~ ~~~si con\4r\^at.iail„ flenrlnd response and 'art ~ oth(rl:niru'Igulxlxroaches • ~' • ,~fllh'f15tillil~ :lf:e 5t1'IICI'1:11'C ~l.f:., Ilfr\\' { C(Irlllf('lS,-p4C.liLIS41l7Cf'S,) ~~ 9 h r! f~L.? • ~t9tinf; pu#ics' r4~nrlint; carlrpcliti~e ' t'~F, 4 w))`Y :;i , A i. prit.in~{i.E.., to:ils tornparE'(I lu nci~hla(n- ~ ?~r\ ~ ;' f~ ` , ~~ ' ~' ` rlglrtilities) t,',~~~i ',' f ,~ • l_)Ehlllfl { ffl(a114{d(,IU I'c191c'd IO T'lt- r ~ r; ~{r ~ ~ li uu E; ou crrtit.b,u~E(1 pricing ~ "t` • SF.,`ttlll ~ 165E'IY4 .Irlrld )fYIlClftS ~ i .1.. L r . , • hat9hlisllirlt; raft: rifler gui(Ic~lirlcs ~ r.;Y ,f 1 z r; , ,1k'"~ ,', ;" ?,-7; ~i.c., J~uel ulp.h~trc-cn.ts, re~!ulatnry :r('- , jl,r't,-~'~ ~ 8 i ~ rpulementt) , 1 i ',.i- }l~ a!. • .IIdC till ll4'~1' \\'ll he in \\'ritin~ :lily qq { r; ~~{7'~~~Itrf ~!~'1{! lF)t~~ rUlc,l',)l~c'(11)r t.l:le lIG,17'd 10 Sf r\C 9ti .Irl C,II- } F ~lti. ye 1 ,2 j ~l~ ~fllrl~ kr11dB l(',:I' t~IB •1>U211d -911(.1 Iltlllt\' ' l ~3i)i~: C L,^y tl`li+•i;~;J` k ~llif~ . ~ ' ~ rn urrgr:rncrd :ual N ao c(hlc (tlon.(1 tot:ll ~s {' cif ~~ff~t " 11 llY t If I Ilrl~ IS- lot IIP 14' lK{'t1Y1 (1141141,41 \. t ~ ~ 1 t~ 4ti~~l ( + ~ 4 ' SIIC'h ,1:1 l{art f1l .1 lylt(. St1.9t44;1' h4f(,1'C' tllcl~ l ~ ) ~ T lt ~ ~ ; ~ 1.~{ x,11,,,+ I ( SSS I 9nse, tIIC 7~fIlrllCllY11 1.1 trlLt~' \1111 hl: hl (t(.'1' , ., 7' {~J~)i~~~' ~~ l-IeJrlreil fo (It'aa \1'ith its r,Ite-rclat('d ~,' EI',iJ~ln~ ~~f:'~` { wwvv. s\P 1?An n't. o.r~,l `s , t ~ I t'~k~~ t±~~~~~ ~ ti., T#ie~Municipe) Utiiity.fi s u es i t h ate- a ffact~ ui i k ty;; f 'siaccessfully~fnar~a ~ra~ ~_ , ,,,~ . ang~yze~~itt {r i understarl •-.diligent; al tom~flt3e;i as'part of thQ:impQH l,to It~ej~k~i .t.~tn,•u,, ,~'ia.9 `,i1i:: . ~r,, t`. ,. ( David fiery, P.E., is a prin(~pol in the SI. Peal, Mina, oflice of R.W. Beck, a SAIC cempaoy. Ho is national direclf>er of thD Rates. Valuation aad Finance Group ul R.W. Buck, pa SAIC cftrr-ptlny. ~~ YY ~^` CNGINC_ERS SFI''F rr~ADEF{ 2f,t/J 2'1 ' ,.,i { ~i a'. a r t .,. r 1 _. ~ , Payments and Contributions by Public Power Distribution Systems to State and Local Governments, 2006 Data Pblic power systems provide a direct benefit to their communities in the form of payments and contributions to state and local government. The total value of the contributions made by the pub- licly owned utilities often comes in many forms and is not always easily recognized. In addition to payments such as property- like taxes, payments in lieu of taxes, and transfers to the general funds, many utili- ties make other contributions in the form of free or reduced-cost se»rices to states and cities. APPA calculated net pa}nnents and contributions for 382 public power utilities in the most current data year of 2006 and determined that the median amount contributed was 5.0 percent of electric operating revenues. In 2006, investor-owtred utilities paid a median of 4.2 percent of electric operating revenues in taxes and fees to state and local governments. It is a common misconception that in- vestor-o~med utilities provide a benefit to the local communities by paying taxes that the publicly owned utilities do not. This report demonstrates just die opposite. When all taxes, tax equivalents and other contributions to state and local government are considered, the median amount con- tributed by public power utilities in 2006, as a percent of elecMc operating revenues, was 19 percent higher than im~estor-owned utilities (5.0 percent vs. 42 percent). (.Overview Public power utilities provide a direct benefit to their communities in the form of payments and contributions to state and local government. Using the most recent data (for 2006), APPA calculated net payrnerfts and contributions for 382 public power utilities for fiscal year 2006 and determined ±hat the median amount was 5.0 percent of electric operating revenues. The payments are property- like taxes, payments in lieu of taxes, and transfers to the general funds. The con- tributions are made in the form of free or reduced cost sen~ces provided to states and cities. Many communities are not fully aware of the payments and total value of con- tributions made by their publicly owned electric urility, and some utilities do not quantify all their payments and contribu- tions. APPA conducted a detailed survey of public power utilities .in order to get a more accurate estimate. The results are presented in this report, which focuses on die "rate" and "type" of payments and contributions made by public power distri- bution utilities. The report includes: • Summaries by revenue size class and region of the country for both publicly owned and investor-owned utilities; • Details on which types of payments and contributions are most common; • .A listing of the tj>pical methods used by utilities to calculate the amount of pay- ments in lieu of taxes or transfers to the general fund of die city. Caution should be used v<~hen mak- ing direct comparisons ~>ith the pre~~ious reports (publis.hed biannually bet~~een TABLE 1 Net Payments and Contributions as Percent of Electric Operating Revenue, 2006 -Publicly Owned Utilities by Revenue Class- Number First Third Revenue of Utilities Median Quartile Quartile Less than $2 ...... ........... 58.............. ........... 4.1............. ...........1.6............ ...........9.1 $2 - $5 ................ ........... 59.............. ........... 5.3............. ........... 2.6............ ........... 8.7 7 $5 - $10 .............. ........... 51.............. ........... 5.0............. ........... 3.4............ ........... 9.3 i $10 - $20 ............ ........... 64.............. ........... 5.1 ............. ........... 2.5............ ...........7.1 $20 - $50 ............ ........... 80.............. ........... 4.5............. ...........2.7............ ...........6.0 $50 - $100 .......... ........... 31.............. ........... 4.9............. ........... 2.8............ ........... 6.5 ;. $100 or more ..... ........... 39.............. ........... 5.6............. ........... 3.1............ ...........6.8 -~ TOTAL 382 5.0 2.6 7.2 Net Payments and Contributions as Percent of Electric Operating Revenue, 2006 Publicly Owned Utilities by Revenue Class e.o% ~.o% s.o% 5.0% a.o% 3.0% z.o% i.o% o.o% 5.3% 5.6% - 40 American Public Power Association • 2009-10 Annual Directory & Statistical Report www.APPAnetorg Lessfhan 52 $2-$5 $5-$10 570-$20 $20-$50 $50-$100 $100 or more Revenue Class (in millions of dollars) ~: TABLE 2 IUet Payments and Contributions as Percent of Electric Operating Revenue, 2006 -Publicly Owned Utilities by Region- Number First Third Reason of Utilities Median Quartile Quartile Northeast ................... ........ 40............. .......... 3.1........... ...........1.7........... ........... 6.1 Atlantic ....................... ........ 35............. .......... 5.6........... ........... 2.7........... ..........10.4 East North Central ...... ........ 57............. .......... 2.9........... ........... 2.1 ........... ........... 4.7 East South Central ..... ........44............. .......... 5.8........... ........... 5.5........... ........... 6.7 West North Central.... ..._..114..._ ....... ........... 4.9.......... ...........2.8......._.. ........_. 8.3 West South Central ... ........28 ............. .......... 7.1........... ...........3.2........... ..........12.1 Mountain .................... ........18 ............. .......... 7.2 ........... ........... 3.9 ........... ..........10.7 Pacific Northevest ...... ........32............. .......... 5.3........... ...........3.0........... ........... 6.1 Pacific Southwest ...... ........14............. ..........3.6........... ...........2.5........... ........... 6.8 TOTAL 382 5.0 2.6 7.2 Net Payments and Contributions as Percent of Electric Operating Revenue, 2006 Publicly Owned Utilities by Region e +• =F ~. a.o% i.o% 1992-2004) because the utilities included in each year's report are not identical. In addition, in previous reports APPA included information collected from the U.S. Energy Administration Administra- tion's Form EIA-412. However, EIA hers discontinued that form, so payment and contribution data are now collected ex- clusivelyfrom the APPA survey. Thus the number of public power utilities included has fallen from 5 i 3 in the 2002 report to 382 in the 2006 report. II. Payment and Contribution Rates by Revenue Size Class Net payments and contributions as a per- cent of electric operating revenue are wwwAPPAnet.org ~.t~ ~.zx _ _..lif summarized for seven revenue classes. Medians by revenue class range from 4.1 percent to 5.6 percent, compared to the national median of 5.0 percent. (see Table 1). The median is defined as that value where 50 percent of the utilities had pay- ment and contribution rates greater than the median and 50 percent contributed less than the median. Quartiles are another common tool used in analysis. By definition, one-half of utilities fall between the first and third quartiles. For example, 50 percent of the 382 systems in this report made payments and contributions between 2.6 percent and 72 percent of electric operating revenue. III. Payment and Contribution Rates by Region Regional variations in median net pay- ments and contributions range from 2.9 percent in the East North Central to r.2 percent in the iYlountain Region. (See Table 2). IV. Comparison with Investor-Owned Utilities (IOUs1 In 2006, investor-owned distribution utili- ties paid a mediae of 4.2 percent of electric operating revenues in taxes and fees to state eurd local govenunents. The 50 per- cent of utilities in the middle range made payments r~mging from 3.1 to 5.9 percent. In comparison, publicly owned distribution utilities paid a median of 5.0 percent in net p~vments and contributions as a percent of electric operating revenue, with a middle range of 2.6 to r .2 percent. In this study, most IOUs (91 percent) had more than $100 million in operating revenues while most of the publicly owned systems had less than X100 million (90 per- cent). The median values of taxes paid by IOUs and tax pa}nnents and contribution by publicly owrred systems (as a percen. age of electric operating revenue) vary by utility size and are summarized below: Investor- Publicly Owned Owned Large Utilities (over $100 Millionl........ 4.4% .......5.7% Small Utilities (under $100 Million)......3.1 % .......4.9% The median value for investor-owned utilities was the largest in the Atlantic <md West North Central regions, and small- est in the East South Central and Pacific Northwest. Table 3 presents data grouped by geographic region for investor-owned utilities. The number of investor-owned utili- ties has fallen from 144 in the 2000 study to 122 in the 2006 study. This is primarily the result of mergers and the elimination of several utilities in r~Iaine and Texas that no longer report sales to consumers. Retail choice laws in those two states change how utilities account for sales. American Public Power Association • 2009-10 Annual Directory & Statistical Report 41 Table 3 Net Taxes as Percent of Electric Operating Revenue, 2006 -Investor-Owned Utilities, by Region- fJumber of First Region Utilities Median Quartile Northeast ~ 29 4.3% 2.4% Atlantic 18 5.3% 4.0% East North Central 29 3.8% 3.4% East South Central 8 3.3% West North Central 12 4.5% 4.1 West South Central 11 3.7% 2.8% Mountain 1 NA. NA Pacific Northwest 5 3.6% Pacific Southwest 7 4.0% Total 122 4.2% 3.1 ° Quutiles not pro~~ded for fewer than 9 responses. Note: Hawaii is included in the toterls, but not in am• of the reb one Net Payments and Contributions as Percent of Electric Operating Revenue, 2006 Investor-Owned Systems by Region s.o~° o% 6.g% 5.g% a.o% 3.g% z.o°~ t.o% o.o% Third uartile 5.6% 6.9% 6.0% * 6.0% 5.1 NA * 5.9% 5.g% i The 34S utilities received $12.4 million in con- Yributions and sen~ices from the nnmicipalih~. This amount does not include any contributions or services for which the cit}' has been reim- bursed, either through direct billing or a trans- fer of fiords. Free or reduced cost office space and water are the major services provided, while operations and maintenance: legal ser- ~~ce, information technolobm,~ senrices, engineer- ing services and financial ser~~ce employees are the predominant type of employee contribu- tions received by the utility. The $12.4 mil- lion in free or reduced cost contributions and sen~ces pro~~ded by the municipalih to the utilih is subtracted from the 51,OSS.3 billion in pa} ments and contributions from the utility to state and local government. The result is 51,045.9 billion in net payments and contribu- tions by the 34S utilities in 2006. V. Summary of Amounts and Types of Payments & Contributions The study is based on a survey sent by APPA to all publicly owned utilities. The next two sections (sections V and VI) of the report summarize results for 348 public power utilities that completed the survey. (Excluded from the summaries are 34 `Tennessee Valley Authority distribution utilities, because these utilities' pa}~rnents and contributions are limited under the terms of their wholesale power contract with 'TVA. ) These 348 utilities made a total of just over $1.0 billion in patinrrents and contribu- tions to state and local government in 2006. As shown in Table 4, the overwhelming majority of pa}~rnents are pa}m~ents in lieu of taxes (also called transfers to the general fund). The second largest category is gross receipts taxes; these taxes are collected by the utility, included in the utility's operat- ing revenue and expense accounts, and remitted to the state or local government. In some states the gross receipts tax may be called a public utility tax or privilege tax. The number of utilities making each type of pa}>rrient or contribution is detailed in Table 5. VI. Methods Used To Determine Amount of Payments in Lieu of Taxes Payments in lieu of taxes are gen- erally thought of as payments to local government. However, some utilities, particularly those in Kentucky and ~A~ash- ington, make payments in lieu of taxes to the state government. Table 4 Net Payments & Contributions to State & Local Governments Amount Percent Millions of To al Payments in Lieu of Taxes ................................ ..............$711.5....... .......67.2% Gross Receipts Tax ............................................ .............. $166.2....... .......15.7% Other Taxes and Fees ....................................... .............. $126.7....... .......12.0% Free or Reduced Cost Electric Services ............ ................ $40.7....... .........3.8% Use of Employees ............................................. .................. $5.8....... .........0.5% Other, including Equipment and Materials ........ .................. $7.4....... .........0.7% Total $1,058.3 700.0% Less: Services & Contributions RECEIVED $12.4' by the Utility FROM the Municipality Net Payments & Contributions $1,045.9 '' t 42 American Public Power Associati°n ° 2009-10 Annual Directory & Statistical Report www.APPAnet.org NE Atl ENC ESC WNC WSC Mtn PNW PSW Region Of the 348 utilities defined in Section L', o~.~er "r3 percent (255) made payments in lieu of taxes (also called transfers to the general fund), and the median transfer as a percent of electric operating revenue was :3.5 percent. The most common method used to de- ternune the amount of payments in lieu of taxes was percent of gross electric operat- ing revenue, as shown in Table 6. The category "assessment of electric utility and city budgets" includes utilities ~; with payments set by the council, mayor, TABLE 6 Methods Used to Calculate Payments in Lieu of Taxes Percent Number of Utilities of Utilities Percent of Gross Electric Operating Revenue ........... .......... 24%.......... .............62 Flat Amount Paid Annually .......................................... .......... 19%.......... .............49 Properly Tax Equivalent .............................................. .......... 17%.......... .............44 Assessment of Electric Utility and City Budgets ....... .......... 16%.......... .............40 Charge per Kilowatt-hour Sold .................................... ........... 8%........... .............20 Percent of Net Utility Plant in Service ........................ ........... 2%........... ..............6 Percent of Income, (Net, Operating or Total) ............. ........... 2%........... ..............4 Other ........................................................................... .......... 12 % .......... ............. 30 Table 5 Types of Payments & Contributions (2006) Percentage of Number of Survey Utilities Utilities I. Payments & Contributions Provided ......... ........................... Payments in Lieu of Taxes ........................................ ................73.3% ..... .................255 Taxes and Fees ...................................................... ................51.4% .... .................179 ,; ;~ Gross Receipts Tax .................................................... ................23.9% .... ...................83 . State Public Utility Assessments .............................. ................17.2% .... ...................60 .; . ti ' Franchise Fees ........................................................... ................13.8% .... ...................48 ,~ Property Taxes ........................................................... ................11.5% .... ...................40 Other .......................................................................... ................11.2% .... ...................39 :, Free ar Reduced Cost Electric Service ......... ................45.4% .... .................158 Streetlighting .............................................................. ................35.6% .... .................124 Lighting for Municipal Buildings ................................. ................24.1 % ... ....................84 •; Recreational Facilities ...._ .......................................... ................18.7% ... ....................65 `; ' Water or Sewer Treatment Facilities ........................ ................13.5% ... ....................47 Traffic Signals ............................................................ .................11.8% ... ....................41 `a : Water Pumping ......................................................... .................10.9% ... ....................38 , , °_ Other ......................................................................... .................14.4% ... ....................50 Use of Employees ............................................... .................63.5% ... ..................221 Installation of Temporary Lighting ............................ ................ 42.0% ... ..................146 Putting Up City Signs & Banners .............................. .................41.4% ... ..................144 ~' Electrical Repair for Other Departments .................. .................27.0% ... ....................94 Traffic Signal Maintenance ....................................... .................24.4% ... ....................85 ;; Tree Trimming for Other Departments .................... .................20.7% ... ....................72 '~ Non-Utility Locates .................................................... .................11.5% ... ....................40 ~~. Technical Expertise ................................................... .................10.1 % ... ....................35 ~' Rewiring Municipal Buildings ................................... .................t..5.7% ... ....................20 ;' Reading Water Meters ............................................. .................11.2% ... ....................39 Other Services .......................................................... .................11.8% ... ....................43 Other Resources ..................................................... .................40.4% ... ..................141 Use of Vehicles & Equipment ................................. ..................31.2% .. ...................109 :.. .: Use of Materials & Supplies .................................... ..................15.8% .. .....................55 ~: Other ........................................................................ ..................11.8% .. .....................41 ,, II. Services & Contributions RECEIVED ............... ..................25.6% .. .....................89 Use of Employees ................................................... ..................14.4% .. .....................50 ';~' Free or Reduced Cost Service ................................. ..................12.9% .. .....................45 . Use of Vehicles & Equipment ................................. ..................12.1 % .. .....................42 r `~' Use of Materials &Supplies .................................... ....................6.3% .. .....................22 www.APPAnetorg or commission, and utilities that make pay- ments on an as-needed basis. The most common responses in the "other'' cate- gory are utilities with payments based on more than one criterion. Tennessee Val- ley Authority distribution utilities are not included in die data above. State law deter- mines payments in lieu of taxes for utilities in Tennessee. The calculation is composed of two parts: (1) percentage of three-year average operating revenue less power cost, and (2) properly tax rate applied to net u' ity plant. REGIONS The regions specihed in this report are defined below: Hawau:is~ not included in any of the .nine regions, but is included in national totalsand in summaries by revenue class: Northeast Connecticut, Maine, Massachusetts, New.Hampshire; New Jersey, New York, Pennsylva' nia, Rhodelsland; and Vermont •Atlantic Washington, D:C., Delaware, Florida, Georgia, Maryland; N6rth Carolina, South Carolina, Virginia and WesTVirginia East North Carrtial Illinois, Indiana, Michigan; Ohio and Wisconsin EastSordh Cemral Alabama, Kentucky, Mississippi and Terxiessee. WestNorth:Central Iowa, Kansas,.NlinnesotaaMis- souri, Nebraska, Nbrth~Dakota;and South Dakota West South,CentraF:Arkansas, Louisiana, Okla- homa,and Texas Mountain Colorado, Montana, New Mezico; Utah .and Wyoming Pacific Northwest Alaska, Idaho, Oregon; any Washington Pacific Southwest Arizona, California and Neyada American Public Power Association • 2009-10 Annual Directory & Statlstical Report 43 ELK RIVER MUNICIPAL UTILITIES CONTRIBUTION POLICY TO CITY OF ELK RIVER The Cash Transfer from Elk River Municipal Utilities to the City of Elk River shall be three percent (3%) of the revenues generated by Elk River customers. This contribution level shall be reviewed every five years. The Elk River Municipal Utilities shall donate all electricity to the City of Elk River for all facilities not associated with enterprise funds of the City of Elk River. As an example, this will include buildings such as City Hall, Police and Fire Departments, Library, Park, Street Department Buildings, street lights, and signal lights, this shall not include such buildings as Liquor Stores, Wastewater Treatment Plant, or lift stations. The ERMU's and City of Elk River shares expenses for the Minnesota Municipal Utilities Association safety compliance program as follows: a) ERMU shall pay the entire fixed cost charge from MMUA. b) ERMU and the City of Elk River shall each pay the per employee unit charge each contribute to the program. Adopted 12-06-94 Effective 1-1-95 Revised 6-10-08