Rate Matters

Except to the extent noted below, the circumstances set forth in Note 10 to the financial statements included in SPS’ Annual Report on Form 10-K for the year ended Dec. 31, 2013 appropriately represent, in all material respects, the current status of other rate matters, and are incorporated herein by reference.

Pending Regulatory Proceedings — Public Utility Commission of Texas (PUCT)

Texas 2014 Electric Rate Case — In January 2014, SPS filed a retail electric rate case in Texas with each of its Texas municipalities and the PUCT for a net increase in annual revenue of approximately $52.7 million, or 5.8 percent. The net increase reflected a base rate increase, revenue credits transferred from base rates to rate riders or the fuel clause, and resetting the Transmission Cost Recovery Factor (TCRF) to zero when the final base rates become effective.

The rate filing was based on a historic test year ending June 2013, a requested return on equity (ROE) of 10.40 percent, an electric rate base of approximately $1.27 billion and an equity ratio of 53.89 percent. The requested rate increase reflected an increase in depreciation expense of approximately $16 million.

In April 2014, SPS revised its requested rate increase to approximately $48.1 million, or 5.3 percent, based on updated information. The following table summarizes SPS’ revised request:



(Millions of Dollars)	SPS Request
Adjusted base rate increase	$	76.9
Resetting TCRF	(12.9		)
Credit to customers for gain on sale to Lubbock moved to a rider	(4.9		)
Adjusted net increase in base revenue	59.1
Fuel clause offsets	(11.0		)
Adjusted retail customer net bill impact	$	48.1

The PUCT has suspended SPS’ proposed rates through Oct. 31, 2014. If the PUCT has not issued a final order by July 11, 2014, then SPS’ current rates will not change, but final rates, when approved by the PUCT, will be made effective retroactive to July 12, 2014. SPS, intervenors and other parties have commenced settlement negotiations.

Next steps in the procedural schedule are as follows:


•	Intervenor testimony — May 22, 2014;


•	PUCT Staff testimony — May 29, 2014;


•	Cross-rebuttal testimony — June 12, 2014;


•	Rebuttal testimony — June 16, 2014;


•	Evidentiary hearing — June 25, 2014; and


•	A PUCT decision and implementation of final rates are anticipated in the third quarter of 2014.

Electric, Purchased Gas and Resource Adjustment Clauses

TCRF Rider — In November 2013, SPS filed with the PUCT to implement the TCRF for Texas retail customers. The requested increase in revenues is $13 million. The PUCT issued an order allowing the TCRF to go into effect on an interim basis effective Jan. 1, 2014. In April and May 2014, several parties including both intervenors and the PUCT Staff filed testimony recommending various reductions or modifications to the proposed TCRF.

Next steps in the procedural schedule are as follows:


•	SPS Rebuttal testimony — May 8, 2014; and


•	Evidentiary hearings — May 15 - May 16, 2014.

Recently Concluded Regulatory Proceedings — New Mexico Public Regulation Commission (NMPRC)

New Mexico 2014 Electric Rate Case — In December 2012, SPS filed an electric rate case in New Mexico with the NMPRC for an increase in annual revenue of approximately $45.9 million effective in 2014. The rate filing was based on a 2014 forecast test year, a requested ROE of 10.65 percent, an electric rate base of $479.8 million and an equity ratio of 53.89 percent.

In September 2013, SPS filed rebuttal testimony, revising its requested rate increase to $32.5 million, based on updated information and an ROE of 10.25 percent. This reflects a base and fuel increase of $20.9 million, an increase of rider revenue of $12.1 million and a decrease to other of $0.5 million.

In March 2014, the NMPRC approved an overall increase of approximately $33.1 million. The increase includes: an ROE of 9.96 percent, an equity ratio of 53.89 percent, allowance of the prepaid pension asset in rate base of approximately $2.4 million, allowance of certain non-labor operating and maintenance (O&M) escalations and recovery of approximately $18.1 million of renewable energy costs through rider revenue instead of base revenue. As a result of a change in the amount of fuel costs recovered through base rates, SPS will no longer be required to credit customers for $2.3 million through the fuel clause adjustment (FCA). Final rates were effective April 5, 2014. On April 25, 2014, the New Mexico Attorney General filed a request for rehearing. The rehearing request is pending with the NMPRC, which has until May 15, 2014 to grant or deny the request.

The following table summarizes the NMPRC’s approval from SPS’ revised request:



(Millions of Dollars)	NMPRC Approval
SPS revised request, September 2013	$	32.5
Fuel clause adjustment credit — non-renewable energy costs	2.3
SPS revised request, fuel adjusted	34.8
ROE (9.96 percent)	(1.2		)
Rate rider adjustment — renewable energy costs	6.0
Base rate reduction for rate rider — renewable energy costs	(6.0		)
Other, net	(0.5		)
Approved increase, March 2014	$	33.1

Means of recovery:
Base revenue	$	12.7
Rider revenue	18.1
Fuel clause	2.3
	$	33.1

Pending Regulatory Proceedings — Federal Energy Regulatory Commission (FERC)

2004 FERC Complaint Case Orders — In August 2013, the FERC issued an order on rehearing related to a 2004 Complaint case brought by Golden Spread Electric Cooperative, Inc. (Golden Spread), a wholesale cooperative customer, and Public Service Company of New Mexico (PNM) and an Order on Initial Decision in a subsequent 2006 rate case filed by SPS.

The original Complaint included two key components: 1) PNM’s claim regarding inappropriate allocation of fuel costs and 2) a base rate complaint, including the appropriate demand-related cost allocator. The FERC previously determined that the allocation of fuel costs and the demand-related cost allocator utilized by SPS was appropriate.

In the August 2013 Orders, the FERC clarified its previous ruling on the allocation of fuel costs and reaffirmed that the refunds in question should only apply to firm requirements customers and not PNM’s contractual load. The FERC also reversed its prior demand-related cost allocator decision. The FERC stated that it had erred in its initial analysis and concluded that the SPS system was a 3 coincident peak (CP) rather than a 12CP system.

As of Dec. 31, 2013, SPS had accrued $44.5 million related to these case orders and an additional $1.9 million of principal and interest was accrued during the first quarter of 2014. Pending the timing and resolution of this matter, the annual impact to revenues through 2014 could be up to $6 million and decreasing to $4 million on June 1, 2015.

In September 2013, SPS filed a request for rehearing of the FERC ruling on the CP allocation and refund decisions. SPS asserted that the FERC applied an improper burden of proof and that precedent did not support retroactive refunds. PNM also requested rehearing of the FERC decision not to reverse its prior ruling.

In October 2013, the FERC issued orders further considering the requests for rehearing. These matters are currently pending the FERC’s action. If unsuccessful in its rehearing request, SPS will have the opportunity to file rate cases with the FERC and its retail jurisdictions seeking to change all customers to a 3CP allocation method.