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Commitments and Contigencies
12 Months Ended
Dec. 31, 2011
Disclosure Commitments And Contingencies [Abstract]  
Commitments and Contingencies Text Block

15.       Commitments and Contingencies

 

Gas Purchase and Pipeline Capacity Purchase and Release Commitments

We have signed agreements providing for the reservation of firm pipeline capacity under which we are required to make fixed monthly payments for contracted capacity.  The pricing component of the monthly payment is established, subject to change, by U.S. or Canadian regulatory bodies.  In addition, we have entered into long-term sale agreements to release firm pipeline capacity.  We also enter into short-term and long-term gas purchase agreements.  The aggregate amounts of these agreements were as follows at December 31, 2011:

      Pipeline  Pipeline
   Gas  Capacity  Capacity
   Purchase  Purchase  Release
Thousands Agreements  Agreements  Agreements
2012$ 98,534 $ 91,027 $ 3,464
2013  18,331   87,983   -
2014  15,290   82,898   -
2015  5,651   72,316   -
2016  -   61,358   -
Thereafter  -   287,541   -
 Total  137,806   683,123   3,464
 Less: Amount representing interest  682   99,252   2
 Total at present value$ 137,124 $ 583,871 $ 3,462

Our total payments for fixed charges under capacity purchase agreements in 2011, 2010 and 2009 were $94.2 million, $91.4 million and $84.6 million, respectively.  Included in the amounts were reductions for capacity release sales of $3.1 million for 2011 and $4.2 million for 2010 and 2009.  In addition, per-unit charges are required to be paid based on the actual quantities shipped under the agreements.  In certain take-or-pay purchase commitments, annual deficiencies may be offset by prepayments subject to recovery over a longer term if future purchases exceed the minimum annual requirements.

 

Environmental Matters

 

We own, or previously owned, properties that may require environmental remediation or action.  We recognize an environmental liability when it is probable the liability exists and the amount is reasonably estimable. We estimate the duration and extent of our remediation obligations based upon reports of outside consultants; internal analyses of clean-up costs and ongoing monitoring costs; communications with regulatory agencies; and changes in environmental law. If we were to determine that our estimates of the duration or extent of our environmental obligations were no longer accurate, we would adjust our environmental liabilities accordingly in the period that such determination is made. Estimated future expenditures for environmental remediation are not discounted to their present value. Accrued environmental liabilities are not reduced by potential insurance reimbursements. We continue to study and evaluate the extent of our potential environmental liabilities, but due to the numerous uncertainties surrounding the course of environmental remediation and the preliminary nature of several site investigations, in some cases, we may not be able to reasonably estimate the high end of the range of possible loss which could be material. In those cases we have disclosed the nature of the potential loss and the fact that the high end of the range cannot be reasonably estimated.

 

We estimate the range of loss for environmental liabilities using current technology, enacted laws and regulations, industry experience gained at similar sites and an assessment of the probable level of involvement and financial condition of other potentially responsible parties.  Unless there is an estimate within this range of possible losses that is more likely than other cost estimates, we record the liability at the lower end of this range.  It is likely that changes in these estimates and ranges will occur throughout the remediation process for each of these sites due to uncertainty concerning our responsibility, the complexity of environmental laws and regulations and the selection of potentially compliant remediation alternatives.  The status of each of the sites currently under investigation is provided below.

 

We regularly review our environmental liability for each site where we may be exposed to remediation responsibilities. The costs of environmental remediation are difficult to estimate.  A number of steps are involved in each environmental remediation effort, including site investigations, remediation, operations and maintenance, monitoring and site closure.  Each of these steps may, over time, involve a number of alternative actions, each of which can change the course and scope of the effort.  Many of these steps are dependent upon the approval and direction of federal and state environmental regulators.  The policies, determinations and directions of the regulators may develop and change over time and different regulators may take different positions on the various steps, creating further uncertainty as to the timing and scope of remediation activities.  In certain cases, in addition to us, there are a number of other potentially responsible parties, each of which, in proceedings and negotiations with other potentially responsible parties and regulators, may influence the course and scope of the remediation effort. The allocation of liabilities among the potentially responsible parties is often subject to dispute and can be highly uncertain.  The events giving rise to environmental liabilities often occurred many decades ago, which complicates the determination of allocating liabilities among potentially responsible parties.  Site investigations and remediation efforts often develop slowly over many years.  In addition, disputes may arise between potentially responsible parties and regulators as to the severity of particular environmental matters and what remediation efforts are appropriate.  These disputes could lead to adversarial administrative proceedings or litigation, with uncertain outcomes.

 

Gasco site. We own property in Multnomah County, Oregon that is the site of a former gas manufacturing plant that was closed in 1956 (Gasco site). The Gasco site has been under investigation by us for environmental contamination under the Oregon Department of Environmental Quality's (ODEQ) Voluntary Clean-Up Program. In June 2003, we filed a Feasibility Scoping Plan and an Ecological and Human Health Risk Assessment with the ODEQ, which outlined a range of compliant remedial alternatives for the most contaminated portion of the Gasco site. In May 2007, we completed a revised Remediation Investigation Report and submitted it to the ODEQ for review.  We also submitted a Focused Feasibility Study (FFS) for the groundwater source control portion of the Gasco site, which ODEQ conditionally approved in March 2008, subject to the submission of additional information. We provided that information to ODEQ and are now working with the agency on the final design of the source control system. Based on the information currently available for groundwater source control at the Gasco site and our current assumptions regarding remediation, we have estimated a range of liability between $11 million and $30 million, for which we have recorded an accrued liability of $12 million at December 31, 2011. The range of liability will be reassessed when ODEQ makes a final source control design decision, expected later this year.

 

In addition to groundwater source control, we signed a joint Order on Consent with the Environmental Protection Agency (EPA), which requires us to design remedial action for sediments from the Gasco site. This design project is underway. We also have other investigation and clean-up work, including potential work on the uplands portion of the Gasco site. For the sediments project and upland work, we have recorded an additional accrued liability of $49.2 million, which reflects the low end of the range of potential liability. We have accrued at the low end of the range of potential liability for the work at the Gasco site because no amount within the range is considered to be more likely than another, and the high end of the range cannot reasonably be estimated. However, during 2012, we expect EPA to complete a feasibility study that will provide additional cost information about the sediment cleanup work.

 

Siltronic site. We previously owned property adjacent to the Gasco site that now is the location of a manufacturing plant owned by Siltronic Corporation (Siltronic site). We are currently conducting an investigation of manufactured gas plant wastes on the uplands at this site for the ODEQ.  The liability accrued at December 31, 2011 for the Siltronic site is $1.0 million, which is at the low end of the range of potential liability because no amount within the range is considered to be more likely than another, and the high end of the range cannot reasonably be estimated.

 

Portland Harbor site. In 1998, the ODEQ and the EPA completed a study of sediments in a 5.5-mile segment of the Willamette River (Portland Harbor) that includes an area adjacent to the Gasco and Siltronic sites. The Portland Harbor was listed by the EPA as a Superfund site in 2000 and we were notified that we are a potentially responsible party. We then joined with other potentially responsible parties, referred to as the Lower Willamette Group, to fund environmental studies in the Portland Harbor to allow the EPA to develop a feasibility study. Subsequently, the EPA approved a Programmatic Work Plan, Field Sampling Plan and Quality Assurance Project Plan for the Portland Harbor Remedial Investigation/Feasibility Study (RI/FS), completion of which is scheduled for 2012. The EPA and the Lower Willamette Group are conducting more focused studies on approximately nine miles of the lower Willamette River, including the 5.5-mile segment previously studied by the EPA. Further, in August 2008, we signed a cooperative agreement with the Portland Harbor Natural Resource Trustee Council to participate in a phased natural resource damage (NRD) assessment. The NRD assessment is intended to identify additional information necessary to estimate further liabilities to support an early restoration-based settlement of natural resource damage claims.  During 2012, the Lower Willamette Group will submit a draft feasibility study for this site to EPA, resulting in more information regarding the scope of potential costs. We expect that the feasibility study will allow us to estimate a range of potential liability and that the range may include significant estimates of potential liability. As of December 31, 2011, we have a liability accrued of $8.2 million for this site, which is at the low end of the range of the potential liability because no amount within the range is considered to be more likely than another, and the high end of the range cannot reasonably be estimated.

 

Central Service Center site. In 2006, we received notice from the ODEQ that our Central Service Center in southeast Portland (Central Service Center site) was assigned a high priority for further environmental investigation. Previously there were three manufactured gas storage tanks on the premises. The ODEQ believes there could be site contamination associated with releases of condensate from stored manufactured gas as a result of historic gas handling practices. In the early 1990s, we excavated waste piles and much of the contaminated surface soils and removed accessible waste from some of the abandoned piping. In early 2008, we received notice that this site was added to the ODEQ's list of sites where releases of hazardous substances have been confirmed and to its list where additional investigation or cleanup is necessary. We are currently performing an environmental investigation of the property with the ODEQ's Independent Cleanup Pathway.  As of December 31, 2011, we have a liability accrued of $0.5 million for investigation at this site. The estimate is at the low end of the range of potential liability because no amount within the range is considered to be more likely than another and the high end of the range cannot reasonably be estimated.

 

Front Street site. The Front Street site was the former location of a gas manufacturing plant we operated. It is near but outside the geographic scope of the current Portland Harbor site sediment studies. The EPA directed the Lower Willamette Group to collect a series of surface and subsurface sediment samples off the river bank adjacent to where that facility was located. Based on the results of that sampling, the EPA notified the Lower Willamette Group that additional sampling would be required. As the Front Street site is upstream from the Portland Harbor site, the EPA agreed that we could manage the site separately from the Portland Harbor site under ODEQ authority.  We submitted work plans for source control investigation and a historical report to ODEQ and completed initial studies.  In 2010, ODEQ required additional studies which are underway.  As of December 31, 2011, we have an estimated liability accrued of $1.7 million for the study of the sediments and riverbank groundwater and soils at the site.  The estimate is at the low end of the range of potential liability because no amount within the range is considered to be more likely than another and the high end of the range cannot reasonably be estimated.

 

Oregon Steel Mills site. See “Other Legal Proceedings,” below.

 

Accrued Liabilities Relating to Environmental Sites. The following table summarizes the accrued liabilities relating to environmental sites at December 31, 2011 and 2010:

    Current Liabilities   Non-Current Liabilities
Thousands  2011  2010   2011  2010
Gasco site $ 16,510 $ 11,366  $ 44,697 $ 38,921
Siltronic site   887   720    128   201
Portland Harbor site   1,089   2,304    7,066   5,784
Central Service Center site   -   5    495   510
Front Street site   1,697   1    -   1,097
Other sites   -   -    120   108
 Total $ 20,183 $ 14,396  $ 52,506 $ 46,621

Regulatory and Insurance Recovery for Environmental Costs.  In May 2003, the OPUC approved our request to defer unreimbursed environmental costs associated with certain named sites, including those described above.  Beginning in 2006, the OPUC granted us additional authorization to accrue carrying costs on deferred environmental cost balances, subject to an annual demonstration that we have maximized our insurance recovery or made substantial progress in securing insurance recovery for unrecovered environmental expenses. Through a series of extensions, the authorized cost deferral and carrying cost accrual was extended through January 2012.  We have filed a request with the OPUC to reauthorize this deferral and expect reauthorization during the first half of 2012. In addition, we filed a request with the WUTC in January 2011 to defer certain environmental costs associated with services provided to Washington customers. We received an order from the WUTC on June 20, 2011 granting that request. Environmental costs related to Washington are being deferred as of January 26, 2011 with cost recovery to be determined in a future proceeding.

 

On a cumulative basis, we have recognized a total of $124.8 million for environmental costs, including legal, investigation, monitoring and remediation costs, including $4.9 million accrued and paid prior to regulatory deferral order approval. At December 31, 2011, we had a regulatory asset of $105.7 million for deferred environmental costs.

 

In December 2010, NW Natural commenced litigation against certain of its historical liability insurers in Multnomah County Circuit Court, State of Oregon (see Item 3. Legal Proceedings). NW Natural seeks damages in excess of $50 million in losses it has incurred to date, as well as declaratory relief for additional losses it expects to incur in the future.  In December 2011, NW Natural reached a settlement with Associated Electric & Gas Insurance Services Limited and dismissed that insurer from the litigation.

 

Other Legal Proceedings

 

We are subject to claims and litigation arising in the ordinary course of business. We do not expect that the ultimate disposition of any of these matters, including the matter described below, will have a material effect on our financial condition, results of operations or cash flows.

 

Oregon Steel Mills site. In 2004, NW Natural was served with a third-party complaint by the Port of Portland (Port) in a Multnomah County Circuit Court case, Oregon Steel Mills, Inc. v. The Port of Portland. The Port alleges that in the 1940s and 1950s petroleum wastes generated by our predecessor, Portland Gas & Coke Company, and 10 other third-party defendants were disposed of in a waste oil disposal facility operated by the United States or Shaver Transportation Company on property then owned by the Port and now owned by Oregon Steel Mills. The complaint seeks contribution for unspecified past remedial action costs incurred by the Port regarding the former waste oil disposal facility as well as a declaratory judgment allocating liability for future remedial action costs. No date has been set for trial. Although the final outcome of this proceeding cannot be predicted with certainty, we do not expect that the ultimate disposition of this matter will have a material effect on our financial condition, results of operations or cash flows.