Delayed Fuel Costs May Include Interest Now

by Steve Haner

Dominion Energy Virginia wants its customers, not its shareholders, to pay an interest penalty for the privilege of taking three years to pay off the recent explosion in its fuel costs. The company is paying  about $1 billion more for fuel than it planned when the fuel portion of bills was set a year ago.

In prior years, years with lower inflation and interest costs, the utility has agreed to cover the carrying charges internally when it spread those recoveries over multiple years. It is taking a different position in this period of high inflation and high interest rates, with borrowing costs likely rising more in the near future.

The request to ding the customers for interest has been agreed to by the State Corporation Commission’s own staff and a coalition of the state’s large industrial users. They offered up a proposed stipulation with Dominion which would have to be approved by the judges of the Commission to take effect.

They seek $27 million in interest charges from customers for the first year and offer to go halfsies on the projected $55 million combined for years two and three. So, customers would pay two-thirds of the interest and the company would eat one-third.

The stipulation has drawn strong objections from Attorney General Jason Miyares (R), through his Office of Consumer Counsel, and a coalition of environmental groups.

Every Dominion bill includes a separate line for fuel costs based on that customer’s usage, which by law is a simple pass through of the utility’s actual costs with no profits added. Every year the charge is adjusted up or down based on the accounting for the previous period and estimated costs to come, a process called a “true-up.” With coal, natural gas and even uranium charges rising rapidly since last winter, the “true-up” was going to be painful.

The new fuel charge is just over 3.5 cents per kilowatt hour. Unlike other bill elements, all customers in all classes pay the same rate, so it is a more significant cost increase to the largest industrial users. About one-half cent per kWh is the portion collecting 2021-22 costs not anticipated a year ago.

Dominion’s proposal to spread the hit to consumers over three years has been previously reported. The SCC did approve that three-year split on a tentative basis, effective July 1, with the details still being debated at the Commission.  Until recently, the question of adding interest costs to those two delayed payments was not a focus.

The bill increases startling unaware Dominion customers this month (doesn’t everybody read Bacon’s Rebellion?) will be only slightly higher if the Commission grants the company permission to add $27 million more interest costs. More significant, perhaps, is the agreement to the change in approach by the SCC’s own internal staff and the policy gap it creates with the Attorney General.  In testimony, the staff supported the no-added-interest approach.

Writes Consumer Counsel Meade Browder in his comment on behalf of his boss Miyares:

As Consumer Counsel noted at hearing, there is no good option for Dominion’s customers in this case. Even with rate mitigation that defers much of the Company’s unrecovered fuel cost to the future, there will be profound rate shock to all classes of customers when they receive their bills following the 73% interim fuel rate increase in July, and again next July in the second year of the deferral recovery period. This rate shock will be on top of the financial challenges many customers are already facing due to inflationary pressures throughout the current economy.

Given these significant challenges facing customers, the only fair and equitable option is Dominion’s preferred three-year recovery period coupled with the Company bearing all of the estimated $55 million in additional financing costs associated with its voluntary mitigation proposal. If the Company is now unwilling to abide by its past commitments to waive incremental financing costs in these situations, the Commission should order it.

Writes attorney William Cleveland of the Southern Environmental Law Center in a comment for Appalachian Voices:

The proposed mitigation plan increases, in absolute dollars, the amount of costs ratepayers will bear for the unrecovered fuel balance. Allowing Dominion to recover those increased carrying costs will, as Dominion admits, make it “financially indifferent” to the timing of recovery. As a result, Dominion’s proposal effectively charges customers more money for the privilege of paying off the unrecovered fuel costs over a longer period of time.

Well, that’s how credit usually works in the marketplace, but in those cases the debtor usually agreed up front and has the option to pay it off early.  Not discussed by either comment is what happens when the company over-collects on the fuel charge.  Does it make refunds with interest in the true-up process?

Cleveland also pounded the stipulation on a point probably more important to Dominion, point five in the document, dealing with records the environmentalists want kept about the operation of Dominion’s remaining coal plants. He wants the SCC to order substantial record keeping and sharing, relevant to this case presumably because running the plants raises the payments for coal. His clients want the coal plants gone as soon as possible, of course.

Nothing in the Stipulation alters Dominion’s opposition to providing any justification for its decision to self-schedule coal units that lose customers money. As such. Environmental Respondent respectfully requests that the Hearing Examiner recommend that the Commission reject Paragraph 5 and instead require Dominion to report the above-listed information, which will give the Commission far better insight into Dominion’s practice of self-scheduling units.

Both comments were actually addressed to a hearing officer, who will recommend decisions to the full Commission.


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Comments

28 responses to “Delayed Fuel Costs May Include Interest Now”

  1. Bubba1855 Avatar
    Bubba1855

    I hope the VA AG’s office gives us an option. I hate debt. 3yrs plus interest is ‘debt’. Let me pay my fair share now, this year, and not incur any interest charges.

  2. Verified Former Utility Exec Avatar
    Verified Former Utility Exec

    It has been settled law for over a century in the US that utilities are guaranteed recovery of 100% of their prudently-incurred costs. Otherwise, it’s a taking under the Fifth Amendment to the US Constitution. Utilities similarly have the right to a return of 100% of prudently-invested capital, but only a right to the OPPORTUNITY to earn a fair return ON the invested capital. Certainly, a utility from time to time may be willing to “eat” certain costs in order to settle a rate case that earns a higher return on the capital it invested. That is far from any sort of binding precedent. It’s not law; it’s something a party to a case did to manage forward risks in an environment where the access to capital (whether invested or loaned) is increasingly complex.

    Of course, statutory provisions have altered that equation somewhat, here, there, and everywhere, but to say that shareholders should eat costs is a dangerous proposition because it introduces risks to capital, increases the Beta, and drives up the cost of capital down the road.

    Costs are costs, and the US Supreme Court has long held they are borne by the customer/ratepayer, so long as the utility was prudent in incurring them.

    1. LarrytheG Avatar
      LarrytheG

      Yep. Agree. The utilities are guaranteed a profit percentage AFTER their costs!

      Nothing nefarious or wrong about it. It is what it is.

      1. Verified Former Utility Exec Avatar
        Verified Former Utility Exec

        Not guaranteed a percentage profit, only the opportunity to earn an authorized return on investment

        1. LarrytheG Avatar
          LarrytheG

          … but includes counting your expenses….

          Virginia has been fortunate in my view with grid reliability and no accident, unlike some other states like Texas that are more “free market” and the free market does not put as much a focus on reliability.

          If our summertime temps are going to increase more than in the past, we’re going to burn more fuel and it’s going to go up in price in response to demand.

          That will cause more focus on relying primarily on gas over other fuels. You’ll see it in your monthly bill.

          1. Verified Former Utility Exec Avatar
            Verified Former Utility Exec

            And better off than CA, where utility commission and legislative policies discourage reinvestment in infrastructure.

          2. LarrytheG Avatar
            LarrytheG

            I agree. Compare Ca to Tx – different flaws – same outcomes.

            In one case, the state has less regulation and lets the free market be responsible. In the other the state regulators apparently feel less, little or no responsibility towards reliability – unlike PJM of which Dominion is a participant although I’ve heard they have had thoughts of leaving PJM.

    2. Nancy Naive Avatar
      Nancy Naive

      The darlings of the retiree’s portfolio. The income of the income fund.

      Dominion ventured from the fold, but the prodigal son has returned.

  3. energyNOW_Fan Avatar
    energyNOW_Fan

    Right now Pennsylvania looks great to me as far as buying elec. You get to pick whatever power you want and whomever you want to get it from: on-shore wind vs. all-of-the above etc. Onshore wind of course in Pa. mountains is very cheap vs. Virginia’s plan for ultra-expensive off-shore wind. Virginia is all about making residents captive rate payers to beef up Dominion’s stock value and excess profits so they can donate to politicos and buy TV ads to support their strategies, with our money of course.

    Admittedly the Pa. system is bit confusing for my 93-yr old mom, but pretty much all options are cheap.

    1. Stephen Haner Avatar
      Stephen Haner

      You’ve been paying attention..

    2. Nancy Naive Avatar
      Nancy Naive

      Plus a 3% State income tax that isn’t imposed on retirement benefits. Also, about 10 degrees cooler on average.

      Your house is union built, so little Tommy running the wiring is qualified.

      1. The worst electrician I have ever run across was really big into the union. I wouldn’t let that guy wire a lighting circuit for a henhouse.

        Being in a union does not automatically mean someone knows what they are doing.

        1. Matt Adams Avatar
          Matt Adams

          I think La Cosa Nostra from the 50’s through the 80’s in NYC proved that time and time again.

        2. Nancy Naive Avatar
          Nancy Naive

          Nevertheless, I’d rather buy a house in, oh say, Massachusetts than one here in Virginia. Quality speaking, that is.

    3. LarrytheG Avatar
      LarrytheG

      Curious – can you choose Nukes?

      In Virginia, if Dominion wanted to build a nuke, would we go through a similar process of deciding the “cost” to ratepayers? Did we do that when we built Surry and North Anna?

      I dunno,. I’m asking.

      1. Nancy Naive Avatar
        Nancy Naive

        Maybe someday you can choose nuke over solar or NG as your individual grid source. Hell, perhaps even someday instead of the solar panels on your roof putting unused energy on the grid for sale to others, your own mini-nuke in the garage next to the furnace will be doing that reverse selling. Although, why you’d need a furnace is questionable. Just take your potassium iodide and bask in the radiated warmth.

        1. LarrytheG Avatar
          LarrytheG

          As pointed out before, there are thousands of inhabited islands in the world and virtually all of them burn diesel fuel for electricity. More than a handful are now installing solar, much fewer are using wind, and as far as I can tell, none use Nukes, even those small-modular ones that are said to be so wonderful and safe.

          1. Nancy Naive Avatar
            Nancy Naive

            Islands have an advantage. Lots of sun. Even though they create clouds like mad, they are not subject to getting “socked-in”.

          2. LarrytheG Avatar
            LarrytheG

            When islands convert to something besides diesel fuel and 30 cents a KWH for electricity, we’ll know t that alternatives actually do exist.

            Until then, electricity on islands is extremely expensive – would amount to the equivalent of $500-$1000 a month to power homes configured like standard mainland homes.

            There is change for solar and some wind but as far as I can tell, not even islands with populations of 10,000, 100,000 and more have nukes.

          3. Nancy Naive Avatar
            Nancy Naive

            Nukes for 10, even 100 thousand would be expensive unless it’s contracted completely, i.e., construction, operation, and disposal. The first place to get an island nuke will be, or was, French. They have the skills.

            On a note of interesting, if not interest, the colonoscopy** prep wipes out the biome. Whole peas makes for a different kind of first meal.

            **Thax and a hat tip to Dick for making me rethink my soured attitude about yet another procedure.

        2. Eric the half a troll Avatar
          Eric the half a troll

          “…your own mini-nuke in the garage next to the furnace will be doing that reverse selling.”

          Contractor coming next week…

  4. Stephen Haner Avatar
    Stephen Haner

    Responding to Bubba, it is not the AG but the SCC itself which will decide whether you get one or three years to pay. But at this point the 3-year approach seems set and the issue is the float. I would normally agree that doing the true-up immediately in one year is the better approach, because who knows what comes next? The fuel cost increases could accelerate and 2023 really explodes with yet another layer. That’s the legislative election year. 🙂

    Getting some offline pushback that if the ratepayers do not cover the carrying charges, they are paid out of base rates instead. Perhaps unfair to drag in the shareholders? Need to run down all the traps. In effect I assumed all along that if there was a “loan” involved it was Dominion paying itself interest on cash it already had. Its base rates are excessive, cash flow positive, and it would have no reason to actually find an outside lender for this.

    1. Nancy Naive Avatar
      Nancy Naive

      Welcome to the borse. You will be assimilated.

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      You answered a question I was going to ask: who gets this interest? What is the source of the loan on which interest is to be paid? It seems that the source of the “loan” is Dominion’s cash reserves, or perhaps its profits which feed dividends. So, in exchange for the “favor” of stretching the “true up” over three years, Dominion will charge us interest, which, in turn, boosts its profits. It seems the company has no shame. Why would the SCC go along with this scheme?

  5. Stephen Haner Avatar
    Stephen Haner

    Hmmm. With the addition of “Verified Former Utility Exec” (welcome, if you ARE new), I may have to up my game. Give us your name? This was kind of a throwaway post after somebody called my attention to the issue, as I’m really waiting for the SCC’s final order on the offshore wind (may come today.)

    In the normal course of business, Dominion would up its fuel charge this year sufficient to recover the entire amount of arrears, the hundreds of millions in costs it did not foresee when the charge was set 12 months ago. That would have greatly increased the screaming from customers, and it was Dominion’s own suggestion to spread the pain over three years, seeking only one-third recovery per year. Nobody apparently is disputing the company can apply financing charges on the first year collection — the debate is over years two and three, the voluntary delay. As I noted, it has the cash and probably has only “borrowed” from itself. I can see the argument that we ratepayers should not pay them interest on money they already have from overcharging us on base rates.

    As to why the large industrials would sign off on this, as a former member of that coalition I fully understand their thinking and their aversion to having to pay the amount in full in one year, which Dominion could have done. I will withhold my opinion on that thinking, which betrays a bias toward focusing quarter by quarter rather than long term.

    1. LarrytheG Avatar
      LarrytheG

      I know this is heresy but it sure looks like there are a SLEW of folks who make a living off of dealing with Dominion and the SCC.

      I can’t believe how complicated and complex AND bureaucratic and slow and time-consuming (and I’m sure expensive) the process is.

      It’s like a alice-in-wonderland rabbit-warren so deep in the weeds that only specially-trained folks can understand much less participate in.

      1. Stephen Haner Avatar
        Stephen Haner

        There were discussions back in 2007 that the structure we were building would prove a bonanza for utility lawyers and paid witnesses. It has. 🙂

  6. William O'Keefe Avatar
    William O’Keefe

    Why didn’t the SCC and the AG’s office tell Dominion to charge these costs against profit. This strikes me a case of heads Dominion wins and tails Dominion wins. We’re stuck will a poorly regulated monopoly.

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