PUC Orders 17 Utilities to Return $320+ Million to Consumers Following Federal Tax Reform

The Pennsylvania Public Utility Commission (PUC) on May 17, 2018 issued an Order, puc_sealrequiring a “negative surcharge” or monthly credit on customer bills for 17 major electric, natural gas, and water and wastewater utilities, totaling more than $320-million per year. The refunds to consumers are the result of the substantial decrease in federal corporate tax rates and other tax changes under the Tax Cuts and Jobs Act (TCJA) of 2017, which impacted the tax liability of many utilities.

Additionally, the PUC will consider the effects of federal tax reform on seven other public utilities as part of the investigations for rate cases which have already been filed or are expected to be filed by Aug. 1, 2018. In those situations, the Commission has directed the parties involved to address the impact of any TCJA tax savings as part of the overall rate design for each utility.

Today’s Order, along with a series of orders specific to each affected utility, were approved by 5-0 votes. The PUC’s action today follows an extensive investigation into the effects of federal tax reform on the rates charged by Commission-regulated utilities – which, among other things, reflect annual taxes owed both to the federal and state governments.

“As economic regulators, it is the Commission’s responsibility to ensure that utility rates are just and reasonable. Further, it is necessary for utility rates to reflect relevant tax expenses,” noted PUC Chairman Gladys M Brown in a statement at today’s public meeting. “I believe this work (by PUC staff) has resulted in an innovative answer by this Commission to effectively flow-through the benefits of the TCJA back to customers.”

Vice Chairman Andrew G. Place also praised staff’s work in this complex proceeding and agreed with the Commission’s overall approach. However, he indicated that the utilities’ overall cost of capital and rate of return should apply on the accumulated balances of tax savings for the period between January 1 and June 30, 2018.

Depending on the revenue and tax impact on each utility addressed in today’s PUC orders, the distribution charges on monthly consumer bills are expected to decrease from .56-percent to 8.55-percent. A list of the utilities impacted by today’s PUC orders, along with the anticipated changes in distribution rates, has been posted to the online docket for this matter: M-2018-2641242.  Tax Effects

Public utilities required to begin returning federal tax savings to consumers include Citizens’ Electric Company of Lewisburg, Metropolitan Edison Company, Pennsylvania Electric Company, Pennsylvania Power Company, Pike County Light & Power Company, PPL Electric Utilities Corporation, Wellsboro Electric Company, West Penn Power Company, PECO Energy Company (Gas Division), National Fuel Gas Distribution Corporation, Peoples Gas Company LLC, Peoples Natural Gas Company LLC—Equitable Division, UGI Central Penn Gas Inc., UGI Penn Natural Gas Inc., UGI Utilities, Inc.–Gas Division, Pennsylvania-American Water Company and Pennsylvania-American Water Company—Wastewater.

Utilities not required to take immediate action because of the continuing analysis of tax reform impacts on their current or pending rate cases include UGI Utilities, Inc. (Electric), Columbia Gas of Pennsylvania, Inc., Duquesne Light Company, PECO Energy Company (Electric), York Water Company, Suez Water Pennsylvania, Inc. and Aqua Pennsylvania, Inc.  In each of those situations, any tax savings will be considered as part of the broader evaluation of their rates.

The Commission also noted that one Pennsylvania public utility saw no financial impact or an increased federal tax liability as the result of TCJA. Per today’s order, Columbia Water Company is directed to file a tariff or tariff supplement within 10 days, replacing their current rates, which were declared to be “temporary” by Commission action in March 2018.

Finally, the Commission investigation determined that two utilities are receiving only a small increased tax liability from TCJA – Peoples Natural Gas Company LLC and Newtown Artesian Water Company. For these two utilities, the Commission’s previous order declaring their rates to be temporary will continue, subject to annual reconciliation.

Desire more specific assistance regarding PUC matters or energy law, contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C.

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Filed under Business Law, Consumer Advocacy, Energy Law

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