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22-1606
ORDiNANCENO. 22-1606 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”)AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S2022 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BEUNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTSCONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TOBE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST ANDREASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENTESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICALBENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLERATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSEDIN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGSACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE: ANDREQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THEACSC’S LEGAL COUNSEL. WHEREAS, the City of Denton, a Texas home-rule municipal corporation, (“City”) is agas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company“), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost ofserving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about April 1, 2022, Atmos Mid-Tex filed its 2022 RRM rate request with ACSC Cities based on a test year ending December 3 1, 2021 ; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2022 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issuesidentified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $115 million on a system-wide basis with an Effective Date of October 1, 2022; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retireemedical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement ofACSC’s reasonable expensesassociated with RRM applications; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the findings set forth in this Ordinance are hereby in all things approved. SECTION 2. That, without prejudice to future litigation of any issue identified by ACSC,the City Council finds that the settled amount of an increase in revenues of $115 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2022 RRM filing, is in the public interest, and is consistent with the City’sauthority under Section 103.001 of the Texas Utilities Code. SECTION 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. SECTION 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $115 million on a system-wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. SECTION 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. SECTION 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses ofACSC in processing the Company’s 2022 RRM filing. SECTION 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. SECTION 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attachedtariffs to be effective for bills rendered on or after October 1, 2022. SECTION 1 1. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of ChrisFelan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,Suite 1900, Austin, Texas 78701. seconden-“:%A'“WrE'"-"'' "” by the following vote [I - n : \andmade by reD Id and approvedThis ordinance was pi Aye Nay Abstain Absent Mayor Gerard Hudspeth:y‘ V/ P/ b/ /r Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 :b/ Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the abb'- day of ., 2022. ATTEST: ROSA RIOS, CITY SECRETARY rE HUDSPETH. MAYOR b\\111111111 #111HA 1C4f J1:pI11f1111);fF111:1;1 / APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY MrBY: MID-TEX DIVISIONATMOS ENERGY CORPORATION R RESIDENTIAL SALES APPLICABLE TO ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF Bills Rendered on or after 10/01/2022EFFECTIVE DATE ApplicationApplicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additionalcharges and special contract arrangements between Company and Customer may be required prior to service being furnished Monthly RateCustomer's monthly bill will be calculated by adding the following Customer and Ccf charges to theamounts due under the riders listed below: Charge Customer Charge per Bill Rider CEE Surcharge Total Customer Charge Commodity Charge – All Ccf Amount $ 21.55 per month $ 0.05 per month $ 21.60 per month $0.36223 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculatedin accordance with Part (a) and Part (b), respectively, of Rider GCR Weather Normalization Adjustment: Plus or Minus an amount for weather normalizationcalculated in accordance with Rider WNA, Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s) AgreementAn Agreement for Gas Service may be required Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodieshaving jurisdiction and to the Company’s Tariff for Gas Service IReference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1 , 2022 MID-TEX DIVISIONATMOS ENERGY CORPORATION RATE SCHEDULE APPLICABLE TO EFFECTIVE DATE C - COMMERCIAL SALES ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF Bills Rendered on or after 10/01/2022 ApplicationApplicable to Commercial Customers for all natural gas provided at one Point of Delivery and measuredthrough one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of ServiceWhere service of the type desired by Customer is not already available at the Point of Delivery, additionalcharges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly RateCustomer's monthly bill will be calculated by adding the following Customer and Ccf charges to theamounts due under the riders listed below: Charge Customer Charge per Bill Rider CEE Surcharge Total Customer Charge Commodity Charge – All Ccf Amount $ 63.50 per month ($ 0.01) per month $ 63.49 per month $ 0.14137 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculatedin accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalizationcalculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporatedmunicipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s) AgreementAn Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service t Reference Rider CEE - Conservation and Energy EffIciency as approved in GUD 10170. Surcharge billing effective July 1 , 2022 MID-TEX DIVISIONATMOS ENERGY CORPORATION 1 - INDUSTRIAL SALES APPLICABLE TO ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE Bills Rendered on or after 10/01/2022 ApplicationApplicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per dayfor all natural gas provided at one Point of Delivery and measured through one meter. Service forIndustrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided atCompany's sole option and will require special contract arrangements between Company and Customer. Type of ServiceWhere service of the type desired by Customer is not already available at the Point of Delivery, additionalcharges and special contract arrangements between Company and Customer may be required prior toservice being furnished. Monthly RateCustomer's monthly bill will be calculated by adding the following Customer and MMBtu charges to theamounts due under the riders listed below: Charge Customer Charge per Meter First 0 MMBtu to 1,500 MMBtu Next 3,500 MMBtu All MMBtu over 5,000 MMBtu Amount $ 1,204.50 per month $ 0.4939 per MMBtu $ 0.3617 per MMBtu $ 0.0776 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculatedin accordance with Part (a) and Part (b), respectively, of Rider GCR Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporatedmunicipality Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX Surcharges: Plus an amount for surcharges calculated in accordance with the appIIcable rider(s) Curtailment Overpull FeeUpon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, payCompany 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for theapplicable Gas Day in the table entitled “Daily Price Survey. Replacement IndexIn the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance feesutilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index MID-TEX DIVISIONATMOS ENERGY CORPORATION 1 - INDUSTRIAL SALES APPLICABLE TO ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE Bills Rendered on or after 10/01/2022 AgreementAn Agreement for Gas Service may be requIred Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodieshaving jurisdiction and to the Company's Tariff for Gas Service Special ConditionsIn order to receive service under Rate 1, Customer must have the type of meter required by CompanyCustomer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISIONATMOS ENERGY CORPORATION RATE SCHEDULE T - TRANSPORTATION APPLICABLE TO EFFECTIVE DATE ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF Bills Rendered on or after 10/01/2022 ApplicationApplicable, in the event that Company has entered into a Transportation Agreement, to a customerdirectly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for thetransportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. Type of ServiceWhere service of the type desired by Customer is not already available at the Point of Delivery, additionalcharges and special contract arrangements between Company and Customer may be required prior toservice being furnished Monthly RateCustomer's bill will be calculated by adding the following Customer and MMBtu charges to the amountsand quantities due under the riders listed below: Charge Customer Charge per Meter First 0 MMBtu to 1,500 MMBtu Next 3,500 MMBtu All MMBtu over 5,000 MMBtu Amount $ 1,204.50 per month $ 0.4939 per MMBtu $ 0.3617 per MMBtu $ 0.0776 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporatedmunicipality Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s) Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantitIes will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees Monthly Imbalance FeesCustomer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtubetween the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the tableentitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly CumulativeImbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. MID-TEX DIVISIONATMOS ENERGY CORPORATION RATE SCHEDULE: APPLICABLE TO EFFECTIVE DATE T - TRANSPORTATION ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF Bills Rendered on or after 10/01/2022 Curtailment Overpull FeeUpon notification by Company of an event of curtailment or interruption of Customer's deliveries,Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, payCompany 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for theapplicable Gas Day in the table entitled “Daily Price Survey Replacement IndexIn the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the tableentitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance feesutilizing a daily price index recognized as authoritative by the natural gas industry and most closelyapproximating the applicable index AgreementA transportation agreement is required Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodieshaving jurisdiction and to the Company’s Tariff for Gas Service. Special ConditionsIn order to receive service under Rate T, customer must have the type of meter required by CompanyCustomer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISIONATMOS ENERGY CORPORATION RIDER APPLICABLE TO EFFECTIVE DATE WNA - WEATHER NORMALIZATION ADJUSTMENT ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF Bills Rendered on or after IC)/01/2022 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilizedby the cities of the Mid-Tex Division service area for determining normalized winter period revenues shallbe adjusted by an amount hereinafter described, which amount is referred to as the "WeatherNormalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of Novemberthrough April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula WNAFi Ri (HSFi (BLi X + (NDD-ADD) ) (HSFi x ADD) ) Where any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri HSFi NDD Commodity Charge rate of temperature sensitive sales for the ith schedule or classification heat sensitive factor for the ith schedule or classification divided by the average bill count in that class billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days, ADD BIb billing cycle actual heating degree days base load sales for the ith schedule or classification divided by the averagebill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNAi =WNAF1 X qu Where q,J is the relevant sales quantity for the jth customer in ith rate schedule MID-TEX DIVISIONATMOS ENERGY CORPORATION RIDER APPLICABLE TO EFFECTIVE DATE WNA – WEATHER NORMALIZATION ADJUSTMENT ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF Bills Rendered on or after 10/01/2022 Base Use/Heat Use Factors Residential Base use Heat useCcf Ccf/HDD Commercial Base useCcf Heat useCcf/HDD 0.6666 Weather Station Abilene 10.58 0.1422 88.85 Austin Dallas Waco 9.90 14.17 10.07 0.1372 0. 1938 0. 1308 233. 56 186.38 140.10 0.7819 0.9394 0.7170 Wichita Falls 11 ,43 0.1398 131.57 0.5610 Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, inExcel format, a Weather Normalization AdJustment (WN;\) Report to show how the company calculatedits WNAs factor during the preceding winter season. 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