SCC Approves Paying Extra for Fuel As “Relief”

by Steve Haner

The Virginia State Corporation Commission has approved Dominion Energy Virginia’s request to stretch out the back payments on $1.3 billion in old fuel bills from previous years over more than seven years. While the ultimate dollar cost to customers is millions higher because of interest charges, even the SCC news release touted the move as “rate relief.”

The final decision was issued mid-afternoon on November 3, just a few days before the November 7 elections will choose all 140 General Assembly members. Dominion will claim the idea to spread out the payments came from the legislature, but the 2023 bill that made it possible was written by the utility and put forward by friendly legislators.

Dominion has a stable of friendly legislators in Virginia, well rewarded for their efforts. It has never rewarded them better than in this most recent election cycle. Some of the same friendly legislators filed remarks in this case supportive of this financing scheme.

From the SCC news release:

Dominion estimated that, as approved, customers would pay approximately $3.10 per month over 7.25 years rather than up to $14.72 per month under the traditional methodology. Final terms will not be known until the bonds are marketed and priced and are subject to change.

The release failed to calculate a total cost over time for the two approaches. The larger amount over the shorter period added up to hundreds of millions less being paid by ratepayers.

What is going on has been previously reported. On an accounting basis, given the time value of money, it can be argued that spreading out the payments with interest doesn’t cause financial harm and might even be of benefit to consumers. It all depends on what interest rate the underlying bonds end up paying (to be determined) compared to ongoing inflation in the general economy (also to be determined.)

Stretching payments out by seven years (31 months, actually) does mean that at least some new customers will be paying for fuel consumed before they became customers, while others will leave and escape the cost. Oh, well, it comes out in the wash.

The legislators, clearly concerned about voter anger if the full cost of the fuel bill had come crashing down last summer, were joined in supporting the move by large industrial customers of Dominion. A vigorous debate over the idea did develop in the case record and during a hearing in September, with alternatives offered and some calling for ratepayers to just pay up over a year or so.

But the chance that the SCC would buck Dominion, the legislators and the large industrials was not helped when the Office of Attorney General Jason Miyares (R) took a neutral stance. From the transcript: “…But, so, again, as a policy matter, the Attorney General’s office does not oppose securitization as a way to mitigate further near-term bill increases coming from fuel costs.”

With the elected state official charged by law with representing consumers saying this was acceptable, the case really ended at that moment. An SCC hearing officer issued a report supportive of Dominion’s request in late September, setting the groundwork for today’s final decision.

The process to issue the bonds will take time, add additional carrying charges while Dominion carries the debt on its books in the meantime, and add cost for administration and legal fees over the payoff process. All from your pockets. Individually, the amounts won’t be huge. The benefit to the company and its stockholders, and now its bondholders, will be significant.

Get your hands on one of the bonds and at least you are hedged. A good follow up will be to see who gets them. Even more money will be earned as people trade them.


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Comments

26 responses to “SCC Approves Paying Extra for Fuel As “Relief””

  1. walter smith Avatar
    walter smith

    Good ole gubmint accounting!
    And the windmills will prove to be a fiasco, as will the electric cars.
    What was the interest rate allowed on the deferral? Looks like my MMF is running at about 5%. Can I assume D will be allowed a higher rate?

    1. Stephen Haner Avatar
      Stephen Haner

      The fuel price crisis from the Ukraine war has abated. So far the war in Gaza has not disrupted that supply. But I’d bet on this happening again.

      I expected this decision. But the claim in the news release that this is good for consumers was disappointing.

      1. William Chambliss Avatar
        William Chambliss

        Yes, exactly. It’s not as if they are not ever going to be purchasing fuel again…..

        Most utility securitizations are for one-time unexpected costs largely beyond the utility’s control, such as the “stranding” of its assets when the Legislature introduces “competition.”

  2. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    You forgot to mention the other group that will benefit from
    securitization–the bond attorneys who will prepare all the paperwork. They are not cheap. It would have been so much better to pay this directly.

  3. f/k/a_tmtfairfax Avatar
    f/k/a_tmtfairfax

    One more reason why the move to Wake Forest, NC was a good decision. It’s a fundamental principle of utility ratemaking that current customers should not pay for expenses incurred in past periods. In most states, that’s part of the regulatory law.

    1. Stephen Haner Avatar
      Stephen Haner

      Yep, NC electricity prices already are well lower than Virginia’s and its utilities are staying away from offshore wind. That should keep them lower. And pay as you go was the law in Virginia until Dom wrote the bill last January to set all this up.

    2. Stephen Haner Avatar
      Stephen Haner

      Yep, NC electricity prices already are well lower than Virginia’s and its utilities are staying away from offshore wind. That should keep them lower. And pay as you go was the law in Virginia until Dom wrote the bill last January to set all this up.

    3. Stephen Haner Avatar
      Stephen Haner

      Yep, NC electricity prices already are well lower than Virginia’s and its utilities are staying away from offshore wind. That should keep them lower. And pay as you go was the law in Virginia until Dom wrote the bill last January to set all this up.

      1. f/k/a_tmtfairfax Avatar
        f/k/a_tmtfairfax

        Duke Energy serves much of central and western NC, but there are coops in rural and formerly rural areas, including Wake Forest. The Town does, however, serve the older parts of the city. The Wake Forest coop is raising rates effective January 1, 2024.

        Here is a rate comparison.

        Utility Base Energy Total
        Wake Electric $15 $120 $135
        Duke Energy $16 $132 $148
        WF Power $25 $136 $161
        Assumes a 1,000 kWh monthly home.

  4. LarrytheG Avatar

    re: ” Dominion estimated that, as approved, customers would pay approximately $3.10 per month over 7.25 years rather than up to $14.72 per month under the traditional methodology.”

    So higher fuel prices from what fuels?

    And what happens if the price of natural gas does not come down or worse goes even higher? Seems risky. If the price goes up, this whole scheme blows up, no?

    Does not sound fiscally conservative at all!

    1. Stephen Haner Avatar
      Stephen Haner

      Larry, this is about fuel already purchased and burned in ’21 and ’22 (gas, coal and uranium), so the present or future price has nothing to do with this. Dominion underestimated what it would need those years, underestimated the cost so badly that full recovery of the arrearage over just one or two years would have really spiked customer bills.

      But as I noted above, another such price shock can indeed happen at any time. Think a wider war in the Middle East, for example.

      1. LarrytheG Avatar

        RIght. I realize that. What I’m asking is if the same thing happens in the next couple or three or four years.
        Have they predicted that number and incorporated into the “spreading” of the higher costs?

        What if they’re wrong and costs are even higher in the future?

        Isn’t this sort of like getting a loan to pay for something already used while incurring more current and future costs?

        To put this into some kind of practical perspective.

        Someone gets a loan to pay for past, current and future gasoline costs… essentially levelizing the
        entire cost and dividing it up into installments.

        THe question is how to calculate future costs and get that incorporated into the loan. If costs go down, you’re good but if costs go up, you’ll have to pay the installments plus whatever extra that is over and above what you predicted.

        wrong?

  5. William Chambliss Avatar
    William Chambliss

    Note that the Commission order permits, but does not direct, Dominion to pursue its securitization scheme. It limits the issuance to 7.25 years, not the 10.25 sought by the Company. It requires the bonds to have secured AAA ratings from 2 of 3 rating agencies, or the Commission can cancel approval. I believe it also requires Dominion to demonstrate that this financing will achieve a positive Net Present Value compared to regular recovery or face cancellation of the order. There are a few nuances in the order.

    1. Stephen Haner Avatar
      Stephen Haner

      No sir, I respectfully disagree. This is shameful. I understand the box the SCC was in, however. Those elements are lipstick on a pig.

    2. Dr. Havel nos Spine' Avatar
      Dr. Havel nos Spine’

      Regarding an NPV test, the result depends on the discount rate used to discount the alternative cash flows. Maybe it is understood that the utility’s weighted after-tax cost of capital is to be used in the calculation. But the proper discount rate is the collective ratepayers’ discount rate. That is hard to determine in practice. In reality, different ratepayers have different discount rates. So, the NPV test is a bit muddled.
      More importantly, when this ‘securitization’ proposal got rolling at the General Assembly in early 2023, fuel/power prices began a precipitous fall. Dom’s original proposal to deal with the issue, as they had in the past, would have worked out well for all concerned.

  6. William Chambliss Avatar
    William Chambliss

    It’s also worth noting, if you click the link to the Commission press release, the other story right next to it:

    Commission seeks comment on request from Appalachian Power to decrease its fuel factor……

    https://www.scc.virginia.gov/newsreleases/release/SCC-Approves-DEV-Securitization-Financing

  7. William Chambliss Avatar
    William Chambliss

    It’s also worth noting, if you click the link to the Commission press release, the other story right next to it:

    Commission seeks comment on request from Appalachian Power to decrease its fuel factor……

    https://www.scc.virginia.gov/newsreleases/release/SCC-Approves-DEV-Securitization-Financing

    1. Stephen Haner Avatar
      Stephen Haner

      Yes, and watch what is going on with the coops, too. Dominion found a way to cash in.

    2. LarrytheG Avatar

      that’s interesting. I just assumed it was the increased cost of natural gas and it affected both.

    1. Stephen Haner Avatar
      Stephen Haner

      Yes, that is being watched closely. 🙂 The coop model is in effect a non-profit.

    2. f/k/a_tmtfairfax Avatar
      f/k/a_tmtfairfax

      Not unlike what Senator George Norris brought to Nebraska many, many years ago — public power. All electricity is provided by government entities. I don’t have any memories of problems or outstanding good experiences with Omaha Public Power District, when I lived there in the late 1970s.

      1. LarrytheG Avatar

        We seem to be of a variety of minds on whether govt is competent or not in carrying out
        it’s mission as well as activities that non-govt entities do more traditionally.

      2. f/k/a_tmtfairfax Avatar
        f/k/a_tmtfairfax

        There are also municipal and coop suppliers of electricity in Nebraska.

        1. LarrytheG Avatar

          I get electricity from a co-op also. I dunno what makes them better (or worse) than Dominion. Pretty sure I pay more since they don’t produce any and buy from who? + Old Dominion.

          but how are they structured compared to Dominion?

          There’s a LOT most of us simply don’t know or how any control over anyhow.

    3. Stephen Haner Avatar
      Stephen Haner

      Yes, that is being watched closely. 🙂 The coop model is in effect a non-profit.

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