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Florida, available energy for the wholesale market is affected by the state's Power Plant Siting Act (the PPSA), which sets the
state's electric energy and environmental policy and governs the building of new generation involving steam capacity of 75 MW or
more, requires that applicants demonstrate that a plant is needed prior to receiving construction and operating permits. The effect of
the PPSA has been to limit the number of unregulated generating units with excess capacity for sale in the wholesale power
markets in Florida.
Tampa Electric is not a major participant in the wholesale market because it uses lower cost coal-fired generation to serve its
retail customers rather than the wholesale market. Over the past three years, gross revenues from wholesale sales, which includes
fuel that is a pass-through cost, has averaged approximately 2% of Tampa Electric's total revenue.
FPSC rules promote cost-competitiveness in the building of new steam generating capacity by requiring IOUs, such as Tampa
Electric, to issue Requests for Proposals (RFPs) prior to filing a petition for Determination of Need for construction of a power
plant with a steam cycle greater than 75 MW. The rules, which allow independent power producers and others to bid to supply the
new generating capacity, provide a mechanism for expedited dispute resolution, allow bidders to submit new bids whenever the
IOU revises its cost estimates for its self-build option, require IOUs to disclose the methodology and criteria to be used to evaluate
the bids, and provide more stringent standards for the IOUs to recover cost overruns in the event the self-build option is deemed the
most cost-effective.
PGS Rates
PGS's rates and allowed ROE range of 9.75% to 11.75%, with a midpoint of 10.75%, which was established in 2009, are in
effect until such time as changes are occasioned by an agreement approved by the FPSC or other FPSC actions as a result of rate or
other proceedings initiated by PGS, FPSC staff or other interested parties.
At the end of 2007, PGS's 13-month average regulatory ROE was below the bottom of its allowed range as a result of higher
operating costs, continued investment in the distribution system and higher costs associated with required safety requirements, such
as transmission and distribution pipeline integrity management.
In August 2008, PGS filed for a $26.5 million base rate increase. In May 2009, the FPSC approved a $19.2 million increase in
annual base rates, authorizing a new ROE range of 9.75% to 11.75% with a mid-point of 10.75% and an equity ratio of 54.7% for
rates effective in June 2009.
As a result of the unprecedented cold winter weather in 2010, in the second quarter of 2010 PGS projected it would earn
above the top of its ROE cap of 11.75% in 2010. PGS recorded a $9.2 million total provision related to the 2010 earnings above the
top of the range. In December 2010, PGS and the Office of Public Counsel entered into a stipulation and settlement agreement
requesting FPSC approval that $3.0 million of the provision to be refunded to customers in the form of a credit on customers' bills
in 2011, and the remainder be applied to accumulated depreciation reserves. On Jan. 25, 2011 the FPSC approved the stipulation.
PGS Cost-Recovery Clauses
PGS recovers the costs it pays for gas supply and interstate transportation for system supply through the PGA clause. This
clause is designed to recover the costs incurred by PGS for purchased gas, and for holding and using interstate pipeline capacity for
the transportation of gas it delivers to its customers. These charges may be adjusted monthly based on a cap approved annually
during an FPSC hearing. The cap is based on estimated costs of purchased gas and pipeline capacity, and estimated customer usage
for a calendar year recovery period, with a true-up adjustment to reflect the variance of actual costs and usage to projected charges
for prior periods. In November 2011, the FPSC approved rates under PGS's PGA for 2012 for the recovery of the costs of natural
gas purchased for its distribution customers.
In addition to its base rates and PGA clause charges, PGS customers (except interruptible customers) also pay a per-therm
conservation charge for all gas. This charge is intended to permit PGS to recover costs incurred in developing and implementing
energy conservation programs, which are mandated by Florida law and approved and supervised by the FPSC. PGS is permitted to
recover, on a dollar-for-dollar basis, prudently incurred expenditures made in connection with these programs if it demonstrates the
programs are cost-effective for its ratepayers.
Utility Competition--Gas
Although PGS is not in direct competition with any other regulated distributors of natural gas for customers within its service
areas, there are other forms of competition. At the present time, the principal form of competition for residential and small
commercial customers is from companies providing other sources of energy, including electricity, propane and fuel oil. PGS has
taken actions to retain and expand its natural gas distribution business, including managing costs and providing high quality service
to customers.
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