20VAC5-201 Rules Governing Utility Rate Applications and Annual Informational Filings  

  • REGULATIONS
    Vol. 29 Iss. 3 - October 08, 2012

    TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS
    STATE CORPORATION COMMISSION
    Chapter 201
    Proposed Regulation

    REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.

    Title of Regulation: 20VAC5-201. Rules Governing Utility Rate Applications and Annual Informational Filings (amending 20VAC5-201-10, 20VAC5-201-20, 20VAC5-201-50, 20VAC5-201-90).

    Statutory Authority: §§ 12.1-13 and 56-585.1 of the Code of Virginia.

    Public Hearing Information:

    November 19, 2012 - 10 a.m. - State Corporation Commission, Tyler Building, 1300 East Main Street, Richmond, VA

    Public Comment Deadline: November 9, 2012.

    Agency Contact: Tim Lough, Special Projects Engineer, Division of Energy Regulation, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9590, FAX (804) 371-9350, or email tim.lough@scc.virginia.gov.

    Summary:

    Section 56-585.1 A 2 c of the Code of Virginia establishes a performance incentive for investor-owned incumbent electric utilities, which authorizes the State Corporation Commission to increase or decrease a utility's combined rate of return on common equity by up to 100 basis points for generating plant performance, customer service, and operating efficiency as compared to nationally recognized standards determined by the commission to be appropriate for such purposes. The proposed amendments implement the performance incentives by requiring investor-owned incumbent electric utilities to file data pertaining to their generating plant performance, customer service, and operating efficiency with their biennial review applications.

    AT RICHMOND, SEPTEMBER 14, 2012

    COMMONWEALTH OF VIRGINIA, ex rel.

    STATE CORPORATION COMMISSION

    CASE NO. PUE-2012-00021

    Ex Parte: In re: In the matter of adopting
    rules and regulations for consideration of the
    Performance Incentive authorized by
    § 56-585.1 A 2 c of the Code of Virginia

    ORDER FOR NOTICE AND HEARING

    Section 56-585.1 A 2 c of the Code of Virginia ("Code") establishes a Performance Incentive for investor-owned incumbent electric utilities, which authorizes the State Corporation Commission ("Commission") to increase or decrease a utility's combined rate of return on common equity by up to 100 basis points for superior or inferior performance when providing regulated electric service in the Commonwealth. Specifically, pursuant to § 56-585.1 A 2 c of the Code, the Commission has the discretion: (1) to apply or not apply a Performance Incentive and (2) to increase or decrease an investor-owned incumbent electric utility's combined rate of return on common equity based on the generating plant performance, customer service, and operating efficiency of the utility, as compared to nationally recognized standards determined by the Commission to be appropriate for such purposes.

    On March 5, 2012, the Commission issued an Order Initiating Rulemaking Proceeding in this case ("Order"). In its Order, the Commission directed the Commission Staff ("Staff"), with appropriate input from stakeholders and other interested persons, to develop the specific performance metrics and nationally recognized standards that the Commission should consider when determining whether a positive or negative Performance Incentive should be applied, as authorized by § 56-585.1 A 2 c of the Code. The Commission further directed the Staff to draft proposed rules and regulations to implement the Performance Incentive authorized by § 56-585.1 A 2 c of the Code ("Proposed Rules") and to submit the same to the Commission for further consideration on September 5, 2012. In its Order, the Commission also found that a mechanical, formulaic approach that limits the Commission's discretion when considering a positive or negative Performance Incentive should not be included in the Proposed Rules.

    On September 5, 2012, the Staff filed Proposed Rules developed through input from stakeholders and other interested persons, as well as a report describing, among other things, the Staff's consideration of such comments when developing the Staff's Proposed Rules. Under the Staff's proposal, Schedule 49 in 20 VAC 5-201-90 of the Commission's Rules Governing Utility Rate Applications and Annual Informational Filings1 would be revised to specify the minimum filing requirements for investor-owned incumbent electric utilities filing a biennial review application. Current Schedule 49 would then be incorporated into 20 VAC 5-201-90 as new Schedule 50. Consistent with the Commission's Order, the Proposed Rules preserve the Commission's discretion to award a positive or negative Performance Incentive depending on the evidence presented in each case.

    NOW THE COMMISSION, upon consideration of the foregoing, is of the opinion and finds that the public should be afforded notice and an opportunity to comment on the Staff's Proposed Rules. However, we further find that the Staff's Proposed Rules should be revised prior to the publication of public notice in order to include additional data relevant to our determination of whether a positive or negative Performance Incentive should be applied. Specifically, we find that the heading labeled "Other Performance Data" on page A-42 of the Staff's Proposed Rules should be relabeled "Additional Data." In addition, we find that the Staff's Proposed Rules should be revised to require investor-owned incumbent electric utilities to file additional data with their biennial review applications detailing: (i) the proposed basis point increase in the combined rate of return on common equity and the revenue requirement impact of the utility's proposed Performance Incentive, if applicable; (ii) the specific actions undertaken by the utility to improve generating plant performance, customer service, and operating efficiency; (iii) the incremental costs of any such actions undertaken by the utility to improve such performance; and (iv) the specific benefits, financial and otherwise, that customers receive as a result of such actions to improve generating plant performance, customer service, and operating efficiency. This additional information will allow the Commission to review the costs incurred by a utility to improve generating plant performance, customer service, and operating efficiency, as well as any benefits to ratepayers as a result of such expenditures. A copy of the Proposed Rules, as modified by the Commission, is attached hereto.

    We further find that a hearing should be convened to consider the Proposed Rules, as modified herein, and that interested persons should be allowed to comment on the Proposed Rules, as modified by the Commission, in writing, electronically, or during the hearing. Finally, we find that the Commission's Division of Information Resources should cause the Proposed Rules, as modified by the Commission, to be published in the Virginia Register of Regulations.

    Accordingly, IT IS ORDERED THAT:

    (1) The Commission's Division of Information Resources shall forward a copy of this Order for Notice and Hearing, including a copy of the Proposed Rules, as modified by the Commission, to the Registrar of Regulations for publication in the Virginia Register of Regulations.

    (2) The Commission's Division of Information Resources shall make a downloadable version of this Order and the Proposed Rules, as modified by the Commission, available for access by the public on the Commission's website: http://www.scc.virginia.gov/case. A copy of this Order and the Proposed Rules, as modified by the Commission, also shall be available for public inspection at the Commission's Document Control Center, located on the first floor of the Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, between the hours of 8:15 a.m. and 5 p.m., Monday through Friday, excluding holidays. In addition, the Clerk of the Commission shall make a copy of this Order and the Proposed Rules, as modified by the Commission, available, free of charge, in response to any written request for the same.

    (3) A public hearing shall be convened on November 19, 2012, at 10 a.m., in the Commission's Courtroom, Second Floor, Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, to consider the Proposed Rules, as modified by the Commission, and to receive comments from interested persons.

    (4) On or before October 5, 2012, the Commission's Division of Information Resources shall publish the following notice as classified advertising in newspapers of general circulation throughout the Commonwealth of Virginia:

    NOTICE TO THE PUBLIC OF A PROCEEDING TO ESTABLISH RULES AND REGULATIONS TO IMPLEMENT THE PERFORMANCE INCENTIVE AUTHORIZED BY § 56-585.1 A 2 C OF THE CODE OF VIRGINIA

    CASE NO. PUE-2012-00021

    Section 56-585.1 A 2 c of the Code of Virginia ("Code") establishes a Performance Incentive for investor-owned incumbent electric utilities, which authorizes the State Corporation Commission ("Commission") to increase or decrease a utility's combined rate of return on common equity by up to 100 basis points for superior or inferior performance when providing regulated electric service in the Commonwealth. Specifically, pursuant to § 56-585.1 A 2 c of the Code, the Commission has the discretion: (1) to apply or not apply a Performance Incentive and (2) to increase or decrease an investor-owned incumbent electric utility's combined rate of return on common equity based on the generating plant performance, customer service, and operating efficiency of the utility, as compared to nationally recognized standards determined by the Commission to be appropriate for such purposes.

    The Commission has initiated a proceeding to establish regulations regarding the specific performance metrics and nationally recognized standards that the Commission should consider when determining whether a positive or negative Performance Incentive should be applied, as authorized by § 56-585.1 A 2 c of the Code. In the context of this proceeding and with the input of stakeholders and other interested persons, the Staff of the Commission has prepared proposed rules to implement the Performance Incentive authorized by § 56-585.1 A 2 c of the Code ("Proposed Rules"). However, the Staff's Proposed Rules have been modified by the Commission to require investor-owned incumbent electric utilities to file additional information on the costs, benefits, and revenue requirement impact of any request for a Performance Incentive for generating plant performance, customer service, and operating efficiency.

    The Commission issued an Order for Notice and Hearing ("Order") in this proceeding that, among other things, scheduled a public hearing on November 19, 2012, at 10 a.m., in the Commission's second floor courtroom located in the Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, to consider the Proposed Rules, as modified by the Commission, and to receive comments from interested persons. Any person desiring to testify as a public witness at this hearing should appear fifteen (15) minutes prior to the starting time of the hearing and contact the Commission's Bailiff. Individuals with disabilities who require an accommodation to participate in the hearing should contact the Commission at least seven (7) days before the scheduled hearing at 1-800-552-7945 (voice) or 1-804-371-9206 (TDD).

    Copies of the Commission's Order and the Proposed Rules, as modified by the Commission, are available for public inspection at the Commission's Document Control Center, located on the first floor of the Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, between the hours of 8:15 a.m. and 5 p.m., Monday through Friday, excluding holidays. Interested persons also may download unofficial copies from the Commission's website: http://www.scc.virginia.gov/case. In addition, interested persons may request a copy of the Order and the Proposed Rules, as modified by the Commission, by submitting a written request to Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118.

    On or before November 9, 2012, any interested person wishing to comment on the Proposed Rules, as modified by the Commission, may file such comments with Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. Interested persons desiring to submit comments electronically may do so on or before November 9, 2012, by following the instructions available on the Commission's website: http://www.scc.virginia.gov/case. All comments shall refer to Case No. PUE-2012-00021.

    STATE CORPORATION COMMISSION

    (5) On or before November 9, 2012, any interested person wishing to comment on the Proposed Rules, as modified by the Commission, may file such comments with Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. Interested persons desiring to submit comments electronically may do so on or before November 9, 2012, by following the instructions available on the Commission's website: http://www.scc.virginia.gov/case. All comments shall refer to Case No. PUE-2012-00021.

    (6) This matter is continued generally pending further order of the Commission.

    AN ATTESTED COPY hereof shall be sent to the Clerk of the Commission to all persons on the official Service List in this proceeding. The Service List is available from the Clerk of the Commission, c/o Document Control Center, 1300 East Main Street, First Floor, Tyler Building, Richmond, Virginia 23219. A copy also shall be sent to the Commission's Office of General Counsel and Divisions of Energy Regulation and Utility Accounting and Finance.

    __________________

    1 20 VAC 5-201-10 et seq.

    20VAC5-201-10. General filing instructions.

    A. An applicant shall provide a notice of intent to file an application pursuant to 20VAC5-201-20, 20VAC5-201-40, 20VAC5-201-60 and 20VAC5-201-85 to the commission 60 days prior to the application filing date.

    B. Applications pursuant to 20VAC5-201-20 through 20VAC5-201-70 shall include:

    1. The name and post office address of the applicant and the name and post office address of its counsel.

    2. A full clear statement of the facts that the applicant is prepared to prove by competent evidence.

    3. A statement of details of the objective or objectives sought and the legal basis therefore.

    4. All direct testimony by which the applicant expects to support the objective or objectives sought.

    5. Information or documentation conforming to the following general instructions:

    a. Attach a table of contents of the company's application, including exhibits.

    b. Each exhibit shall be labeled with the name of the applicant and the initials of the sponsoring witness in the upper right hand corner as shown below:

    Exhibit No. (Leave Blank)
    Witness: (Initials)
    Statement or
    Schedule Number

    c. The first page of all exhibits shall contain a caption that describes the subject matter of the exhibit.

    d. If the accounting and statistical data submitted differ from the books of the applicant, then the applicant shall include in its filing a reconciliation schedule for each account or subaccount that differs, together with an explanation describing the nature of the difference.

    e. The required accounting and statistical data shall include all work papers and other information necessary to ensure that the items, statements and schedules are not misleading.

    C. These rules do not limit the commission staff or parties from raising issues for commission consideration that have not been addressed in the applicant's filing before the commission. Except for good cause shown, issues specifically decided by commission order entered in the applicant's most recent rate case may not be raised by staff or interested parties in Earnings Test Filings made pursuant to 20VAC5-201-10, 20VAC5-201-30 or 20VAC5-201-50.

    D. An application filed pursuant to 20VAC5-201-20, 20VAC5-201-30, 20VAC5-201-40, 20VAC5-201-60, 20VAC5-201-70, 20VAC5-201-80 or 20VAC5-201-85 shall not be deemed filed per Chapter 10 (§ 56-232 et seq.) or Chapter 23 (§ 56-576 et seq.) of Title 56 of the Code of Virginia unless it is in full compliance with these rules.

    E. The commission may waive any or all parts of these rate case rules for good cause shown.

    F. Where a filing contains information that the applicant claims to be confidential, the filing may be made under seal provided it is simultaneously accompanied by both a motion for protective order or other confidential treatment and an additional five copies of a redacted version of the filing to be available for public disclosure. Unredacted filings containing the confidential information shall, however, be immediately available to the commission staff for internal use at the commission.

    G. Filings containing confidential (or redacted) information shall so state on the cover of the filing, and the precise portions of the filing containing such confidential (or redacted) information, including supporting material, shall be clearly marked within the filing.

    H. Applicants shall file electronic media containing an electronic spreadsheet version of Schedules 1-5, 8-28, 36, 40, and 49 50, as applicable, with the Division of Public Utility Accounting, the Division of Economics and Finance and the Division of Energy Regulation or the Division of Communications, as appropriate. Such electronic media containing calculations derived from formulas shall be provided in an electronic spreadsheet including all underlying formulas and assumptions. Such electronic spreadsheet shall be commercially available and have common use in the utility industry. Additional versions of such schedules shall be made available to parties upon request.

    I. All applications, including direct testimony and Schedules 1-28, 30-39, and 41-49 41-50, as applicable, shall be filed in an original and 12 copies with the Clerk of the Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218. One copy of Schedules 29 and 40 shall be filed with the Clerk of the Commission. Applicants may omit filing Schedule 29 with the Clerk of the Commission in Annual Informational Filings. Additional copies of such schedules shall be made available to parties upon request.

    Two copies of Schedules 29 and 40 shall be submitted to the Division of Public Utility Accounting or the Division of Communications, as appropriate. Two copies of Schedule 40 shall be submitted to the Division of Energy Regulation.

    J. For any application made pursuant to 20VAC5-201-20 and 20VAC5-201-40 through 20VAC5-201-85, the applicant shall serve a copy of the information required in 20VAC5-201-10 subsection A and subdivisions B 1 through B 3 of this section, upon the attorney and chairman of the board of supervisors of each county (or equivalent officials in the counties having alternate forms of government) in this Commonwealth affected by the proposed increase and upon the mayor or manager and the attorney of every city and town (or equivalent officials in towns and cities having alternate forms of government) in this Commonwealth affected by the proposed increase. The applicant shall also serve each such official with a statement that a copy of the complete application may be obtained at no cost by making a request therefor orally or in writing to a specified company official or location. In addition, the applicant shall serve a copy of its complete application upon the Division of Consumer Counsel of the Office of the Attorney General of Virginia. All such service specified by this rule shall be made either by (i) personal delivery or (ii) first class mail, to the customary place of business or to the residence of the person served.

    K. Nothing in these rules shall be interpreted to apply to applications for temporary reductions of rates pursuant to § 56-242 of the Code of Virginia.

    20VAC5-201-20. General and expedited rate increase applications.

    A. An application for a general or expedited rate increase pursuant to Chapter 10 (§ 56-232 et seq.) of Title 56 of the Code of Virginia for a public utility having annual revenues exceeding $1 million, shall conform to the following requirements:

    1. Exhibits consisting of Schedules 1-43 and the utility's direct testimony shall be submitted. Such schedules shall be identified with the appropriate schedule number and shall be prepared in accordance with the instructions contained in 20VAC5-201-90.

    2. An applicant subject to § 56-585.1 of the Code of Virginia shall file Schedules 45 and 47 in addition to the schedules required in 20VAC5-201-20 subdivision A 1 of this section in accordance with the instructions accompanying such schedules in 20VAC5-201-90.

    3. An exhibit consisting of additional schedules may be submitted with the utility's direct testimony. Such exhibit shall be identified as Schedule 49 50 (this exhibit may include numerous subschedules labeled 49A 50A et seq.).

    B. The selection of a historic test period is up to the applicant. However, the use of overlapping test periods will not be allowed.

    C. Applicants meeting each of the four following criteria may omit Schedules 9-18 in rate applications: (i) the applicant is not subject to § 56-585.1 of the Code of Virginia, (ii) the applicant is not currently bound by a performance-based regulation plan authorized by the commission pursuant to § 56-235.6 of the Code of Virginia that includes an earnings sharing mechanism or other attribute for which the commission has directed the performance of an Earnings Test, (iii) the applicant has no Virginia jurisdictional regulatory assets on its books, and (iv) the applicant is not seeking to establish a regulatory asset.

    D. If not otherwise constrained by law or regulatory requirements, an applicant who has not experienced a substantial change in circumstances may file an expedited rate application as an alternative to a general rate application. Such application need not propose an increase in regulated operating revenues. If, upon timely consideration of the expedited application and supporting evidence, it appears that a substantial change in circumstances has taken place since the applicant's last rate case, then the commission may take appropriate action, such as directing that the expedited application be dismissed or treated as a general rate application. Prior to public hearing, and subject to applicable provisions of law, an application for expedited rate increase may take effect within 30 days after the date the application is filed. Expedited rate increases may also take effect in less than 12 months after the applicant's preceding rate increase so long as rates are not increased as a result thereof more than once in any calendar year. An applicant making an expedited application shall also comply with the following rules:

    1. In computing its cost of capital, as prescribed in Schedule 3 in 20VAC5-201-90, the applicant, other than those utilities subject to § 56-585.1 of the Code of Virginia, shall use the equity return rate approved by the commission and used to determine the revenue requirement in the utility's most recent rate proceeding.

    2. An applicant, in developing its rate of return statement, shall make adjustments to its test period jurisdictional results only in accordance with the instructions for Schedule 25 in 20VAC5-201-90.

    3. The applicant may propose new allocation methodologies, rate designs and new or revised terms and conditions provided such proposals are supported by appropriate cost studies. Such support shall be included in Schedule 40.

    E. Rates authorized to take effect 30 days following the filing of any application for an expedited rate increase shall be subject to refund in a manner prescribed by the commission. Whenever rates are subject to refund, the commission may also direct that such refund bear interest at a rate set by the commission.

    20VAC5-201-50. Biennial review applications.

    A. A biennial review application filed pursuant to § 56-585.1 of the Code of Virginia shall include the following:

    1. Exhibits consisting of Schedules 3, 6-7, 9-18, 40a and 44 as identified in 20VAC5-201-90 shall be submitted with the utility's direct testimony for each of the two successive 12-month test periods.

    2. Exhibits consisting of Schedules 1-2, 4-5, 8, 19-34, 36-39, 40b-d, 41-43, 45, and 47 as identified in 20VAC5-201-90, shall be submitted with the utility's direct testimony for the second of the two successive 12-month test periods.

    3. An exhibit consisting of Schedule 35 shall be filed with the commission no later than April 30 each year.

    4. An exhibit consisting of Schedule 49 shall be submitted with the utility's direct testimony.

    4. 5. An exhibit consisting of additional schedules may be submitted with the utility's direct testimony. Such exhibit shall be identified as Schedule 49 50 (this exhibit may include subschedules as needed labeled 49A 50A et seq.).

    5. 6. A reconciliation of Schedules 19 and 22 to the statement of income and comparative balance sheet contained in FERC Form No. 1.

    B. The assumed rate year for purposes of determining ratemaking adjustment in Schedules 21 and 24, as identified in 20VAC5-201-90, shall begin on December 1 of the year following the two successive 12-month test periods.

    20VAC5-201-90. Instructions for schedules and exhibits for Chapter 201.

    The following instructions for schedules and exhibits including those specifically set forth in 20VAC5-201-95 (Schedules 1-14), 20VAC5-201-100 (Schedules 15-22) and 20VAC5-201-110 (Schedules 23-28, 40 and 44) are to be used in conjunction with this chapter:

    EDITOR'S NOTICE: Schedules 1 through 48 of 20VAC5-201-90 are not being amended and are not printed in this issue of the Virginia Register of Regulations.

    Schedule 49 - Data Pertaining to Nationally Recognized Standards for Generating Plant Performance, Customer Service, and Operating Efficiency

    Instructions: Investor-owned incumbent electric utilities subject to § 56-585.1 A 2 c of the Code of Virginia shall file the information listed in paragraph (a), and paragraph (b) if applicable, of this schedule, using the definitions provided below. Unless otherwise specified, the minimum filing requirements shall include annual weighted averages, separately, for each of the most recent consecutive six years of data including the biennial period under review. Where weighted averages are not available, simple averages are acceptable. Averages shall be identified as weighted or simple. Where six years of data is not available when filed, the reason shall be stated and the data shall be provided as soon as it becomes available, if at all. In the IOU's initial filing under these rules, the IOU may propose and support a different benchmark group for each operating efficiency performance measure. Once the commission establishes a benchmark group for an operating efficiency performance measure, the benchmark group shall apply to the operating efficiency performance measure in all of the IOU's future filings under these rules unless otherwise ordered by the commission. To the extent practical, data should be obtained from publically available sources such as SEC, FERC, EIA, and RTO. In the event the required filing information is not available, the IOU shall note the omission and state the reason.

    Definitions for Schedule 49:

    The following words and terms when used in this schedule shall have the following meanings unless the context clearly indicates otherwise:

    "Average retail price" or "total average retail rate" means total annual revenues per annual kWh of sales as reported to EEI.

    "Average speed of answer" or "ASA" means the average time in seconds that callers experience in a queue to reach an agent or to initiate a transaction through an interactive voice response system.

    "Benchmark group" means one of the following groups of investor-owned electric utilities proposed by the IOU for an operating efficiency performance measure: MACRUC, ROE Peer Group, RTO, SEARUC, and SEE. The IOU may propose and support the use of an alternative group of investor-owned electric utilities determined by an independent expert to be a valid comparable group.

    "Btu" means British thermal unit.

    "EEI" means the Edison Electric Institute.

    "EIA" means the United States Energy Information Administration.

    "Equivalent availability factor" or "EAF" means the fraction of a given operating period in which a generating unit is available without any outages and equipment or seasonal deratings.

    "Equivalent forced outage rate on demand" or "EFORd" means a measure of the probability that a generating unit will not be available due to forced outages or forced deratings when there is demand on the unit to generate. When used as a measure of historical performance, EFORd is calculated as the percentage of total demand time that a unit was unavailable due to forced outages or deratings.

    "FERC" means the Federal Energy Regulatory Commission or its successor agency.

    "FERC Form 1" means 18 CFR 141.1, FERC Form No. 1, Annual Report of Major Electric Utilities, Licensees, and Others.

    "Fleet maintenance cost" means the sum of all plants' maintenance costs from FERC Form 1, pages 402 and 403, lines 29-33.

    "Heat rate" or "HR" means how efficiently a generator converts heat energy from fuel into electrical energy. Heat rate is calculated by dividing the thermal energy consumption by the electric energy generated (Btu/kWh).

    "IOU" means investor-owned incumbent electric utility.

    "Interactive voice response" or "IVR" means a technology that automates the interaction between the utility and its customer.

    "ITP" means the NRC's industry trends program.

    "kWh" means kilowatt-hour.

    "Large coal plant or plants" means a location having coal-fired generation capacity of greater than 400 MW, excluding coal units with capacities of less than 200 MW.

    "MACRUC utility" means a regulated investor-owned electric utility having generation, transmission, and distribution business within the member states of the Mid-Atlantic Conference of Regulatory Utilities Commissioners or its successor organization.

    "MW" means megawatt.

    "MWh" means megawatt-hour.

    "NERC" means the North American Electric Reliability Corporation or its successor organization.

    "Net capacity factor (nuclear)" or "NCF (nuclear)" means the fraction of net energy generated by a nuclear unit compared to the energy it could have generated if operated at the net maximum dependable capacity for a year.

    "NRC" means the United States Nuclear Regulatory Commission or its successor agency.

    "O&M" means operations and maintenance.

    "O&M efficiency" means total electric O&M expense (from FERC Form 1, page 323, line 198) as a percent of total assets (from FERC Form 1, page 111, line 85) (or $ per MWh or $ per customer).

    "Plant production cost" means total production expense per MWh of net output.

    "PWR" means pressurized water reactor.

    "ROE peer group" means the investor-owned electric utilities defined under § 56-585.1 A 2 b of the Code of Virginia.

    "RTO" means the regional transmission organization of which the IOU is a member.

    "SEARUC utility" means a regulated investor-owned electric utility having generation, transmission, and distribution business within the member states of the Southeastern Association of Regulatory Utility Commissioners or its successor organization.

    "SEC" means the United States Securities and Exchange Commission.

    "SEE utility" means a regulated investor-owned electric utility member of the Southeastern Electric Exchange or its successor organization having generation, transmission, and distribution business.

    "Service level" means the percentage of calls that are answered by a call center agent or an IVR within 30 seconds.

    "System average interruption duration index" or "SAIDI" means the total duration of interruption for the average customer on an annual basis. SAIDI equals the sum of customer interruption durations divided by the average total number of customers served.

    "System average interruption frequency index" or "SAIFI" means the average number of interruptions that a customer would experience on an annual basis, expressed as a number. SAIFI equals the sum of customer interruptions divided by an average total number of customers served.

    "XEFORd" means a measure of the probability that a generating unit will not be available due to forced outages or forced deratings when there is demand on the unit to generate which is the same as EFORd, but excludes events that are designated as outside management's control.

    Filing Requirements:

    (a) IOUs subject to § 56-585.1 A 2 c of the Code of Virginia shall file the following data for the IOU and, separately, for each of the additional listed entities:

    Generating plant performance

    1. EFORd for the system fleet and nonnuclear fleet for NERC and the RTO, weighted by the IOU's generation capacity per class;

    2. EFORd for each of the following generation class categories for NERC and the RTO: fossil all fuel types, fossil coal primary, fossil coal primary 200-599 MW, fossil coal primary 600 MW plus, fluidized bed, combined cycle, gas turbine, and pumped storage;

    3. XEFORd for the RTO;

    4. EAF for each of the following generation class categories for NERC and the RTO: fossil all fuel types, fossil coal primary, fossil coal primary 200-599 MW, fossil coal primary 600 MW plus, fluidized bed, combined cycle, gas turbine, and pumped storage; and

    5. Average heat rates for United States coal (steam turbine) fleet and natural gas (combined cycle) fleet as reported by EIA.

    Customer service

    1. SAIDI both including and excluding major storms (or major events) for each RTO utility and each MACRUC or SEARUC utility with more than 500,000 customers;

    2. SAIFI both including and excluding major storms (or major events) for each RTO utility and each MACRUC or SEARUC utility with more than 500,000 customers;

    3. ASA or service level both including and excluding calls handled by an IVR for each RTO utility and each MACRUC or SEARUC utility with greater than 500,000 customers;

    4. J.D. Power and Associates Electric Utility Residential Customer Satisfaction Study index ranking for the IOU's region and segment; and

    5. J.D. Power and Associates Electric Utility Business Customer Satisfaction Study index ranking for the IOU's region and segment.

    Operating efficiency

    1. Total average retail rates for the South Atlantic (as defined by EEI), the United States, and each utility in the proposed benchmark group;

    2. O&M efficiency for each utility in the proposed benchmark group;

    3. Large coal plant production costs for each utility in the proposed benchmark group; and

    4. Combined cycle plant production costs for each utility in the proposed benchmark group.

    Additional data

    1. Identify the proposed return on equity basis point increase and the revenue requirement impact associated with the proposed performance incentive award;

    2. For the biennial period under review, identify the specific actions taken by the IOU to improve generating plant performance, customer service, and operating efficiency and the incremental costs associated with such specific actions;

    3. Identify, explain, and quantify to the extent possible the specific benefits (financial and otherwise) that customers received during the previous biennial review period as a result of the specific actions taken by the IOU to improve generating plant performance, customer service, and operating efficiency;

    4. Fleet maintenance costs and total electricity generated;

    5. Total distribution reliability improvement expense and distribution circuit miles; and

    6. Total routine, tree removal, and hot spot trimming expense and miles of right-of-way managed.

    (b) In addition to the information required in paragraph (a) of this schedule, IOUs subject to § 56-585.1 A 2 c of the Code of Virginia that own and operate nuclear power plants shall file the following data for the IOU and, separately, for each of the additional listed entities:

    1. NCF (nuclear) for the United States nuclear industry and 800-999 MW PWRs;

    2. NCF (nuclear) top quartile, median, and bottom quartile over the most recent three-year period (including the two years of the biennial period under review, if available) for the United States nuclear industry and 800-999 MW PWRs;

    3. Most recent three-year average (including the two years of the biennial period under review, if available) and ranking by NCF (nuclear) of the top ranked PWR and each of the IOU's nuclear power plant units;

    4. Nuclear plant production cost for 800-999 MW PWRs and each of the IOU's nuclear power stations; and

    5. NRC ITP indicators for the IOU and nuclear industry (automatic reactor scrams while critical and significant events).

    Schedule 49 50 - Additional Schedules

    Reserved for additional exhibits presented by the applicant to be labeled Schedule 49 50 et seq.

    VA.R. Doc. No. R13-3389; Filed September 17, 2012, 3:26 p.m.