XML 99 R19.htm IDEA: XBRL DOCUMENT v2.4.0.8
Regulatory Matters
9 Months Ended
Sep. 30, 2013
Regulatory Matters [Abstract]  
Regulatory Matters
Regulatory Matters
Regulatory Matters Involving Potential Loss Contingencies
As a result of issues generated in the ordinary course of business, Dominion and Virginia Power are involved in various regulatory matters. Certain regulatory matters may ultimately result in a loss; however, as such matters are in an initial procedural phase, involve uncertainty as to the outcome of pending reviews or orders, and/or involve significant factual issues that need to be resolved, it is not possible for the Companies to estimate a range of possible loss. For matters for which the Companies cannot estimate a range of possible loss, a statement to this effect is made in the description of the matter. Other matters may have progressed sufficiently through the regulatory process such that the Companies are able to estimate a range of possible loss. For regulatory matters for which the Companies are able to reasonably estimate a range of possible losses, an estimated range of possible loss is provided, in excess of the accrued liability (if any) for such matters. Any estimated range is based on currently available information and involves elements of judgment and significant uncertainties. Any estimated range of possible loss may not represent the Companies' maximum possible loss exposure. The circumstances of such regulatory matters will change from time to time and actual results may vary significantly from the current estimate. For current matters not specifically reported below, management does not anticipate that the outcome from such matters would have a material effect on Dominion's or Virginia Power's financial position, liquidity or results of operations.

FERC - Electric
Under the Federal Power Act, FERC regulates wholesale sales and transmission of electricity in interstate commerce by public utilities. Dominion's merchant generators sell electricity in the PJM, MISO and ISO-NE wholesale markets under Dominion's market-based sales tariffs authorized by FERC. Virginia Power purchases and, under its FERC market-based rate authority, sells electricity in the wholesale market. In addition, Virginia Power has FERC approval of a tariff to sell wholesale power at capped rates based on its embedded cost of generation. This cost-based sales tariff could be used to sell to loads within or outside Virginia Power's service territory. Any such sales would be voluntary.

Rates
In April 2008, FERC granted an application for Virginia Power's electric transmission operations to establish a forward-looking formula rate mechanism that updates transmission rates on an annual basis and approved an ROE of 11.4%, effective as of January 1, 2008. The formula rate is designed to recover the expected revenue requirement for each calendar year and is updated based on actual costs. The FERC-approved formula method, which is based on projected costs, allows Virginia Power to earn a current return on its growing investment in electric transmission infrastructure.

In July 2008, Virginia Power filed an application with FERC requesting a revision to its revenue requirement to reflect an additional ROE incentive adder for eleven electric transmission enhancement projects. Under the proposal, the cost of transmission service would increase to include an ROE incentive adder for each of the eleven projects, beginning the year each project enters commercial operation (but not before January 1, 2009). Virginia Power proposed an incentive of 1.5% for four of the projects (including the Meadow Brook-to-Loudoun and Carson-to-Suffolk lines, which were completed in 2011) and an incentive of 1.25% for the other seven projects. In August 2008, FERC approved the proposal, effective September 1, 2008, the incentives were included in the PJM Tariff, and billing for the incentives was made accordingly. In 2012, PJM canceled one of the eleven projects with an estimated cost of $7 million. The total cost for the other ten projects included in Virginia Power's formula rate for 2013 is $852 million and the remaining projects were completed in 2012.  Numerous parties sought rehearing of the FERC order in August 2008. In May 2012, FERC issued an order denying the rehearing requests. In July 2012, the North Carolina Commission filed an appeal of the FERC orders with the U.S. Court of Appeals for the Fourth Circuit.  While Virginia Power cannot predict the outcome of the appeal, it is not expected to have a material effect on results of operations.

In March 2010, ODEC and NCEMC filed a complaint with FERC against Virginia Power claiming that approximately $223 million in transmission costs related to specific projects were unjust, unreasonable and unduly discriminatory or preferential and should be excluded from Virginia Power's transmission formula rate. ODEC and NCEMC requested that FERC establish procedures to determine the amount of costs for each applicable project that should be excluded from Virginia Power's rates. In October 2010, FERC issued an order dismissing the complaint in part and established hearings and settlement procedures on the remaining part of the complaint. In February 2012, Virginia Power submitted to FERC a settlement agreement to resolve all issues set for hearing. All transmission customer parties to the proceeding joined the settlement. The Virginia Commission, North Carolina Commission and Public Staff of the North Carolina Commission, while not parties to the settlement, did not oppose the settlement. The settlement was accepted by FERC in May 2012 and provides for payment by Virginia Power to the transmission customer parties collectively of $250,000 per year for ten years and resolves all matters other than allocation of the incremental cost of certain underground transmission facilities, which has been briefed pursuant to FERC's May 2012 order and awaits FERC action. While Virginia Power cannot predict the outcome of the briefing, it is not expected to have a material effect on results of operations.
 
Other Regulatory Matters
Other than the following matters, there have been no significant developments regarding the pending regulatory matters disclosed in Note 13 to the Consolidated Financial Statements in Dominion's and Virginia Power's Annual Report on Form 10-K for the year ended December 31, 2012 and Note 12 to the Consolidated Financial Statements in Dominion's and Virginia Power's Quarterly Reports on Form 10-Q for the quarters ended March 31, 2013 and June 30, 2013.

Virginia Regulation
Biennial Review
Pursuant to the Regulation Act, in March 2013, Virginia Power submitted its base rate filings and accompanying schedules in support of the 2013 biennial review of its rates, terms and conditions, as well as of its earnings for test years 2011 and 2012. Virginia Power’s earnings test analysis, as filed, demonstrated it earned an ROE of 10.11% on its generation and distribution services for the combined test period of 2011 and 2012. In September 2013, the Virginia Commission conducted a hearing to receive evidence and public comments regarding Virginia Power’s base rate filings. During the hearing, Virginia Power updated its previous earnings test analysis to demonstrate that it earned an ROE of 10.30% on its generation and distribution services for the applicable test period. Although this ROE is more than 50 basis points below the authorized ROE of 10.9% established in its 2011 biennial review, Virginia Power did not request an increase in base rates for generation or distribution services in this proceeding. No parties to the proceeding asserted that Virginia Power earned above its authorized earnings band for a second consecutive biennial review, meaning that base rates are not statutorily subject to change in this proceeding. The Virginia Commission’s final order must be issued no later than November 28, 2013.

In October 2013, Virginia Power filed a voluntary agreement with the Virginia Commission, proposing to issue a base rate credit of approximately $9 million from its 2012 revenues.  This voluntary base rate credit, if approved, would be effective April 1, 2014 and amortized for a twelve-month period.  This amount has no effect upon Virginia Power’s past or future earnings test results, and it does not constitute a credit or rate adjustment for purposes of the Regulation Act.  This credit is intended to offset and eliminate the revenue requirement increase for customers in certain rate adjustment clause cases resulting from the timing of a Virginia Power securities issuance.  A decision on this filing is pending.

DSM Riders C1A and C2A
In August 2013, Virginia Power filed an application with the Virginia Commission to continue Rider C1A and Rider C2A. Virginia Power proposed to continue cost recovery associated with DSM programs that were approved in its 2011 DSM case, as well as its previously approved electric vehicle pilot program. Virginia Power further requested approval to launch three new energy efficiency DSM programs that would be marketed as part of its existing non-residential bundle of DSM offerings. The requested revenue requirements are approximately $1 million for Rider C1A and approximately $35 million for Rider C2A. These amounts include operating expenses for Virginia Power’s proposed and previously approved programs above for the rate year beginning May 1, 2014 (including a gross-up or margin on expenses for energy efficiency programs), true-ups of the 2012 calendar year costs for the previously approved programs and carrying costs on the over-/under-recovery of costs. Virginia Power also proposed a combined spending cap of approximately $114 million, inclusive of lost revenues, for its three new DSM programs. This matter is pending.

Virginia Fuel Expenses
In October 2013, Virginia Power filed a voluntary request with the Virginia Commission to reduce its currently-approved fuel factor rate from 2.942 ¢/kWh to 2.572 ¢/kWh effective for usage on and after December 1, 2013, due to an anticipated over-recovery. This request is expected to reduce Virginia Power’s anticipated fuel recoveries through June 30, 2014 by more than $140 million. At September 30, 2013, Virgina Power's Consolidated Balance Sheet reflected $20 million of other current liabilities and $47 million of noncurrent regulatory liabilities related to fuel recoveries. Virginia Power has requested an order on this request by November 20, 2013.

Bremo Power Station
In September 2013, the Virginia Commission issued its final order approving an amended and reissued CPCN that would allow Virginia Power to convert Bremo Units 3 and 4 from coal to natural gas as their fuel source. The converted units must be in service by July 1, 2014, although this deadline can be extended for good cause. The proposed conversion will preserve 227 MW (net) of existing capacity and is expected to cost approximately $53 million, excluding financing costs.

Brunswick County and Generation Rider BW
In August 2013, three motions for reconsideration were filed with the Virginia Commission, asking that it reconsider its August 2013 final order approving a CPCN for construction of Brunswick County. In August 2013, the Virginia Commission granted the motions for the purpose of continuing its jurisdiction over these matters. Also in August 2013, two notices were filed to appeal the Virginia Commission's final order to the Supreme Court of Virginia. In September 2013, Virginia Power filed its notices of intent to participate in both appeals as an appellee. These matters are pending.

The Virginia Commission previously approved Rider BW in conjunction with its approval of Brunswick County. In November 2013, Virginia Power requested Virginia Commission approval of its annual update for Rider BW for the twelve-month rate year beginning September 1, 2014, utilizing a 12.5% ROE (inclusive of a 100 basis point statutory enhancement) consistent with the base ROE that Virginia Power has proposed, and which is pending a decision, in its 2013 biennial review case. Virginia Power proposed an approximately $101 million revenue requirement for the rate year. This case is pending.

North Anna
Virginia Power is considering the construction of a third nuclear unit at a site located at North Anna. In April 2013, Virginia Power decided to replace the reactor design previously selected for a potential unit with ESBWR technology.

If Virginia Power decides to build a new unit, it must first receive a COL from the NRC, the approval of the Virginia Commission and certain environmental permits and other approvals. Virginia Power filed the first of its two-part amendment to the COL application with the NRC in July 2013 to reflect the ESBWR technology, and expects to file the second part of the amendment by the end of 2013. Virginia Power has not yet committed to building a new nuclear unit at North Anna.



FERC - Gas
Natrium-to-Market Project
In September 2013, DTI received FERC authorization to construct the $42 million Natrium-to-Market project. The project is designed to provide 185,000 dekatherms per day of firm transportation from an interconnect between DTI and the Natrium facility to DTI’s interconnect with Texas Eastern Transmission, LP in Greene County Pennsylvania. Four customers have entered into binding precedent agreements for the full project capacity under 8-year and 13-year terms. The project is anticipated to be in service in November 2014.

FERC - Other
Pipeline G-150
In May 2012, Dominion began construction of the $147 million pipeline G-150 project. The pipeline is designed to transport approximately 27,000 barrels per day of ethane from the Natrium facility to an interconnect with the ATEX line of Enterprise near Follansbee, West Virginia. Dominion NGL Pipelines, LLC, a subsidiary of Dominion, owns the 58-mile pipeline and associated equipment. Transportation services on the pipeline will be subject to FERC regulation pursuant to the Interstate Commerce Act. In August 2013, Dominion filed a petition for declaratory order requesting FERC approval, by mid-November 2013, of (1) general rate structure, (2) rate and terms for committed shipper, and (3) rate design for uncommitted shippers. The facilities are anticipated to be available in the first quarter of 2014 following commencement of operation of Enterprise's ATEX line and resumption of operations at the Natrium facility. Dominion NGL Pipelines, LLC is expected to be contributed to Blue Racer prior to commencement of service.