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Regulatory Matters
9 Months Ended
Jun. 30, 2019
Regulated Operations [Abstract]  
Regulatory Matters

4. REGULATORY MATTERS

As explained in Note 1, Summary of Significant Accounting Policies, the Utilities account for regulated operations in accordance with FASB ASC Topic 980, Regulated Operations. The following regulatory assets and regulatory liabilities were reflected in the balance sheets of the Company, Spire Missouri and Spire Alabama as of June 30, 2019, September 30, 2018, and June 30, 2018.

 

 

 

June 30,

 

 

September 30,

 

 

June 30,

 

Spire

 

2019

 

 

2018

 

 

2018

 

Regulatory Assets:

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

$

30.1

 

 

$

30.2

 

 

$

43.2

 

Unamortized purchased gas adjustments

 

 

18.9

 

 

 

8.2

 

 

 

14.6

 

Other

 

 

30.0

 

 

 

34.4

 

 

 

38.9

 

Total Current Regulatory Assets

 

 

79.0

 

 

 

72.8

 

 

 

96.7

 

Noncurrent:

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

 

335.7

 

 

 

364.9

 

 

 

369.4

 

Cost of removal

 

 

137.4

 

 

 

133.4

 

 

 

126.2

 

Future income taxes due from customers

 

 

105.7

 

 

 

96.3

 

 

 

130.5

 

Energy efficiency

 

 

32.6

 

 

 

32.8

 

 

 

31.8

 

Other

 

 

45.7

 

 

 

42.4

 

 

 

37.2

 

Total Noncurrent Regulatory Assets

 

 

657.1

 

 

 

669.8

 

 

 

695.1

 

Total Regulatory Assets

 

$

736.1

 

 

$

742.6

 

 

$

791.8

 

Regulatory Liabilities:

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

$

5.8

 

 

$

2.2

 

 

$

2.2

 

Unamortized purchased gas adjustments

 

 

3.3

 

 

 

2.9

 

 

 

1.1

 

Other

 

 

22.2

 

 

 

30.6

 

 

 

21.2

 

Total Current Regulatory Liabilities

 

 

31.3

 

 

 

35.7

 

 

 

24.5

 

Noncurrent:

 

 

 

 

 

 

 

 

 

 

 

 

Deferred taxes due to customers

 

 

152.9

 

 

 

178.3

 

 

 

182.7

 

Pension and postretirement benefit costs

 

 

119.8

 

 

 

27.8

 

 

 

30.2

 

Accrued cost of removal

 

 

45.8

 

 

 

63.6

 

 

 

65.0

 

Unamortized purchased gas adjustments

 

 

47.9

 

 

 

4.7

 

 

 

37.0

 

Other

 

 

29.9

 

 

 

80.2

 

 

 

49.4

 

Total Noncurrent Regulatory Liabilities

 

 

396.3

 

 

 

354.6

 

 

 

364.3

 

Total Regulatory Liabilities

 

$

427.6

 

 

$

390.3

 

 

$

388.8

 

 

 

 

June 30,

 

 

September 30,

 

 

June 30,

 

Spire Missouri

 

2019

 

 

2018

 

 

2018

 

Regulatory Assets:

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

$

21.9

 

 

$

21.9

 

 

$

34.9

 

Unamortized purchased gas adjustments

 

 

0.8

 

 

 

1.0

 

 

 

7.0

 

Other

 

 

7.5

 

 

 

7.8

 

 

 

13.2

 

Total Current Regulatory Assets

 

 

30.2

 

 

 

30.7

 

 

 

55.1

 

Noncurrent:

 

 

 

 

 

 

 

 

 

 

 

 

Future income taxes due from customers

 

 

101.3

 

 

 

94.4

 

 

 

128.4

 

Pension and postretirement benefit costs

 

 

269.8

 

 

 

292.5

 

 

 

297.2

 

Energy efficiency

 

 

32.6

 

 

 

32.8

 

 

 

31.8

 

Other

 

 

25.5

 

 

 

21.4

 

 

 

16.4

 

Total Noncurrent Regulatory Assets

 

 

429.2

 

 

 

441.1

 

 

 

473.8

 

Total Regulatory Assets

 

$

459.4

 

 

$

471.8

 

 

$

528.9

 

Regulatory Liabilities:

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

$

3.6

 

 

$

 

 

$

 

Unamortized purchased gas adjustments

 

 

2.5

 

 

 

1.9

 

 

 

 

Other

 

 

17.3

 

 

 

14.8

 

 

 

8.7

 

Total Current Regulatory Liabilities

 

 

23.4

 

 

 

16.7

 

 

 

8.7

 

Noncurrent:

 

 

 

 

 

 

 

 

 

 

 

 

Deferred taxes due to customers

 

 

135.5

 

 

 

161.1

 

 

 

164.6

 

Pension and postretirement benefit costs

 

 

84.6

 

 

 

 

 

 

 

Accrued cost of removal

 

 

18.4

 

 

 

39.8

 

 

 

42.2

 

Unamortized purchased gas adjustments

 

 

47.9

 

 

 

4.7

 

 

 

37.0

 

Other

 

 

24.1

 

 

 

69.3

 

 

 

37.8

 

Total Noncurrent Regulatory Liabilities

 

 

310.5

 

 

 

274.9

 

 

 

281.6

 

Total Regulatory Liabilities

 

$

333.9

 

 

$

291.6

 

 

$

290.3

 

 

 

 

June 30,

 

 

September 30,

 

 

June 30,

 

Spire Alabama

 

2019

 

 

2018

 

 

2018

 

Regulatory Assets:

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

$

7.3

 

 

$

7.3

 

 

$

7.3

 

Unamortized purchased gas adjustments

 

 

17.6

 

 

 

6.4

 

 

 

7.6

 

Other

 

 

9.0

 

 

 

12.5

 

 

 

12.0

 

Total Current Regulatory Assets

 

 

33.9

 

 

 

26.2

 

 

 

26.9

 

Noncurrent:

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

 

59.3

 

 

 

64.8

 

 

 

64.5

 

Cost of removal

 

 

137.4

 

 

 

133.4

 

 

 

126.2

 

Other

 

 

3.2

 

 

 

3.3

 

 

 

2.7

 

Total Noncurrent Regulatory Assets

 

 

199.9

 

 

 

201.5

 

 

 

193.4

 

Total Regulatory Assets

 

$

233.8

 

 

$

227.7

 

 

$

220.3

 

Regulatory Liabilities:

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

$

2.3

 

 

$

2.2

 

 

$

2.2

 

Other

 

 

1.1

 

 

 

5.4

 

 

 

6.6

 

Total Current Regulatory Liabilities

 

 

3.4

 

 

 

7.6

 

 

 

8.8

 

Noncurrent:

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

 

25.8

 

 

 

27.8

 

 

 

30.2

 

Other

 

 

4.0

 

 

 

3.5

 

 

 

3.5

 

Total Noncurrent Regulatory Liabilities

 

 

29.8

 

 

 

31.3

 

 

 

33.7

 

Total Regulatory Liabilities

 

$

33.2

 

 

$

38.9

 

 

$

42.5

 

 

A portion of the Company’s and Spire Missouri’s regulatory assets are not earning a return, as shown in the table below:

 

 

June 30,

 

 

September 30,

 

 

June 30,

 

 

 

2019

 

 

2018

 

 

2018

 

Spire

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

$

142.1

 

 

$

148.4

 

 

$

160.5

 

Future income taxes due from customers

 

 

105.7

 

 

 

96.3

 

 

 

130.5

 

Other

 

 

14.5

 

 

 

15.1

 

 

 

15.4

 

Total Regulatory Assets Not Earning a Return

 

$

262.3

 

 

$

259.8

 

 

$

306.4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Spire Missouri

 

 

 

 

 

 

 

 

 

 

 

 

Pension and postretirement benefit costs

 

$

142.1

 

 

$

148.4

 

 

$

160.5

 

Future income taxes due from customers

 

 

101.3

 

 

 

94.4

 

 

 

128.4

 

Other

 

 

14.5

 

 

 

15.1

 

 

 

15.4

 

Total Regulatory Assets Not Earning a Return

 

$

257.9

 

 

$

257.9

 

 

$

304.3

 

 

Like all the Company’s regulatory assets, these regulatory assets are expected to be recovered from customers in future rates. The recovery period for the future income taxes due from customers and pension and other postretirement benefit costs could be 20 years or longer, based on current Internal Revenue Service (“IRS”) guidelines and average remaining service life of active participants, respectively. The other items not earning a return are expected to be recovered over a period not to exceed 15 years, consistent with precedent set by the MoPSC. Spire Alabama does not have any regulatory assets that are not earning a return.

On March 7, 2018, the MoPSC issued its order in two general rate cases, approving new tariffs that became effective on April 19, 2018. On April 25, 2018, Spire Missouri filed an appeal of the MoPSC’s order related to the disallowance of certain pension costs incurred prior to 1997 ($28.8), real estate sold in 2014 ($1.8), and rate case expenses ($0.9) to Missouri’s Southern District Court of Appeals. On March 15, 2019, the appeal was denied by the Southern District, and Spire Missouri has requested review by the Missouri Supreme Court.

In September 2016 and February 2017, Spire Missouri filed Infrastructure System Replacement Surcharge (“ISRS”) cases for both Spire Missouri East and Spire Missouri West (the “2016/2017 ISRS Cases”). The Missouri Office of the Public Counsel (“OPC”) appealed the MoPSC’s decisions approving these cases to Missouri’s Western District Court of Appeals, arguing that they contained ISRS-ineligible costs. In November 2017, the appellate court reversed the MoPSC’s decision in the 2016/2017 ISRS Cases and remanded the case back to the MoPSC. In June 2018, Spire Missouri filed to establish new ISRS rates in both its East and West divisions (the “2018 ISRS Cases”). In September 2018, the MoPSC issued a report and order finding that Spire Missouri’s ISRS petitions in the 2016/2017 ISRS Cases contained ISRS costs related to the replacement of plastic pipe components that should be removed from the requested revenue requirement; however, the MoPSC ordered that no adjustment to Spire Missouri’s revenues was necessary as the ISRS revenues approved in these cases had been rebased as part of its last general rate cases. Also in September 2018, the MoPSC issued a report and order in the 2018 ISRS Cases stating additional evidence was required to support all investments included in the Spire Missouri’s applications in order to support the recovery of costs related to the replacement of plastic pipe components and approved rates in the 2018 ISRS Cases providing annual revenues of $2.6 for Spire Missouri East and $5.4 for Spire Missouri West. Spire is appealing the removal of costs related to plastic in all cases in the Western District Court. On January 14, 2019, Spire Missouri refiled requests with additional information for approximately $3.2 of the ISRS revenues that were removed by the MoPSC in the 2018 ISRS Cases and filed new ISRS applications for both its East and West service territories. After updating the pro-forma months of December 2018 and January 2019, the revised filing requested approval of ISRS revenues of $7.4 for Spire Missouri East and $7.4 for Spire Missouri West related to investments made from July 1, 2018, through January 31, 2019. On May 3, 2019, the MoPSC issued their related report and order, dismissing the legacy amounts from the 2018 ISRS Cases, and granting ISRS revenues of $6.4 for Spire Missouri East and $6.8 for Spire Missouri West. This order included reductions for the removal and replacement of the plastic pipe. Spire Missouri has requested an application for rehearing for that ISRS case with the MoPSC. On July 15, 2019, Spire Missouri filed

an additional ISRS application for $14.4, which is an unadjusted ISRS revenue number that includes $3.0 from the 2018 ISRS Cases along with amounts related to investments made since January 31, 2019. In the event Spire Missouri does not get a favorable outcome in its appeal or application for rehearing, its July 15 filing proposed an alternative $11.0 ISRS amount, which takes into account the MoPSC Staff’s methodology for how to adjust for the removal and replacement of the plastic pipe. Per Missouri statute, new rates must become effective within 120 days of the application, or by November 12, 2019.

As part of the annual update for Rate Stabilization and Equalization (“RSE”), on November 30, 2018, Spire Alabama filed an increase for rate year 2019 of $8.7, which became effective December 1, 2018. There was no RSE reduction for the January 31, 2019 or April 30, 2019 quarterly points of test. At June 30, 2019, there was no estimated RSE reduction for the July 31, 2019 quarterly point of test because the rate of return on average common equity at the end of the year is expected to be within the allowed rate of return.

On July 9, 2019, the APSC approved Spire Alabama’s application for $100.0 of additional long-term debt financing.

On January 25, 2019, the Federal Energy Regulatory Commission (“FERC”) approved the Company’s application to combine its two adjacent natural gas storage facilities in Wyoming into one FERC certificate with a market-based tariff. On February 13, 2019, Spire Storage filed a prior notice request pursuant to the FERC’s regulations and Spire Storage’s blanket certificate authority proposing to construct and operate 10.1 miles of dual 20-inch-diameter pipeline, one new pipeline interconnection with measurement equipment, and related facilities in Uinta County, Wyoming. If authorized by the FERC, the pipeline, interconnection and measurement facilities, will allow Spire Storage to enhance the link between its two storage facilities, provide new, bi-directional access to Kern River Gas Transmission Company’s mainline and afford enhanced access with other interstate pipelines. On April 26, 2019, FERC staff filed a protest stating that Spire Storage did not provide documentation of the project’s compliance with the National Historic Preservation Act. Under the FERC’s regulations, a protested prior notice filing will be treated like a traditional application under Section 7 of the Natural Gas Act unless the protest is withdrawn within 30 days from the date upon which protests are due. On May 17, 2019, Spire Storage filed a notice to withdraw its prior notice request, stating that it was unable to obtain the required National Historic Preservation Act approvals before the end of the 30-day period prescribed by the FERC’s regulations.

Under the terms of the January 2017 Precedent Agreement between Spire STL Pipeline and Spire Missouri, if Spire STL Pipeline files with FERC to increase its initial recourse rate at any time before the pipeline’s in-service date (estimated to be later this calendar year), and if FERC approves such request in whole or in part, then Spire Missouri’s negotiated rate will automatically increase by the same percentage increase to the initial recourse rate, up to a maximum increase of two cents per dekatherm per day.