Florida Senate - 2017 CS for SB 1238 By the Committee on Rules; and Senator Bean 595-04435-17 20171238c1 1 A bill to be entitled 2 An act relating to utility investments in gas 3 reserves; amending s. 366.04, F.S.; revising the 4 jurisdiction of the Public Service Commission over 5 public utilities to include the approval of cost 6 recovery for certain gas reserve investments; 7 requiring the commission to adopt, by rule, standards 8 by which it will determine the prudence of such 9 investments; requiring each public utility to file 10 with the commission a comparison of all gas reserve 11 projects entered into on behalf of the utility and any 12 affiliate or subsidiary of the parent company as part 13 of its risk management plan; specifying the 14 requirements of the filing; requiring the use of a 15 third-party auditor for audits of associated 16 transactions for a gas reserve project; requiring a 17 public utility entering into a gas reserves project to 18 have a transportation path between the project and the 19 utility’s service territory; specifying the accounting 20 of the costs of any new transportation in the economic 21 analysis of projects; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Present paragraphs (d), (e), and (f) of 26 subsection (2) of section 366.04, Florida Statutes, are 27 redesignated as paragraphs (e), (f), and (g), respectively, and 28 a new paragraph (d) is added to that subsection, to read: 29 366.04 Jurisdiction of commission.— 30 (2) In the exercise of its jurisdiction, the commission 31 shall have power over electric utilities for the following 32 purposes: 33 (d) To approve cost recovery by adjustment clause for a 34 utility’s prudent investments, including rate of return, and for 35 prudently incurred expenses associated with such investments, in 36 natural gas reserves if the utility has at least 65 percent 37 natural-gas-fueled generation. The commission shall adopt by 38 rule no later than December 31, 2017, standards by which it will 39 determine the prudence of such gas reserve investments. The 40 standards must include, at a minimum, all of the following: 41 1. A requirement that each natural gas reserve investment 42 be projected to generate savings for customers over the life of 43 the investment. 44 2. A requirement that the total volume of natural gas 45 produced from all of a utility’s natural gas reserve investments 46 not exceed the following percentages of the utility’s average 47 projected daily burn of natural gas: 48 a. 7.5 percent in 2018; 49 b. 10 percent in 2019; 50 c. 12.5 percent in 2020; and 51 d. 15 percent in 2021 and thereafter. 52 3. A requirement that each investment be made in natural 53 gas projects that have at least 50 percent of the wells within 54 the project classified as proved gas reserves and the remaining 55 wells within the project classified as probable gas reserves by 56 the Securities and Exchange Commission. 57 4. A prohibition against the recovery by a utility of the 58 costs of natural gas extracted from the state by means of any 59 well stimulation treatment, including hydraulic fracturing, acid 60 fracturing, and matrix acidizing. 61 5. A prohibition against the recovery by a utility of the 62 costs of natural gas extracted from the waters of the state, 63 from the waters of the United States, or from international 64 waters. 65 66 No provision of this chapter shall be construed or applied to 67 impede, prevent, or prohibit any municipally owned electric 68 utility system from distributing at retail electrical energy 69 within its corporate limits, as such corporate limits exist on 70 July 1, 1974; however, existing territorial agreements shall not 71 be altered or abridged hereby. 72 Section 2. (1) Annually, each public utility shall file 73 with the Public Service Commission a detailed comparison of all 74 gas reserve projects entered into on behalf of the utility and 75 any affiliate or subsidiary of the utility’s parent company as 76 part of its risk management plan. The information must be the 77 same for each gas reserve project entered into by any affiliate 78 or subsidiary which was used to support or justify the 79 appropriateness of each gas reserve project entered into during 80 the reporting period. The filing must: 81 (a) Show all material assumptions relied upon to support 82 each gas reserve project, including the capital investment 83 amount; 84 (b) Calculate the associated revenue requirement for each 85 gas reserve project; and 86 (c) Provide the net present value savings for each gas 87 reserve project entered into by any affiliate or subsidiary of a 88 parent company. 89 (2) For any gas reserve project, the utility shall use an 90 independent third-party auditor in performing audits of the 91 associated transactions. Subaccounts that correspond on a one 92 on-one basis with the oil and gas system of accounts shall be 93 established and used by the utility for each investment in a gas 94 reserve project. 95 (3) A public utility may enter into a gas reserves project 96 only if there is a transportation path available to deliver the 97 gas produced from that project to the public utility’s service 98 territory. The costs of any new transportation needed to deliver 99 gas from a gas reserve project must be taken into consideration 100 when analyzing the economics of that project. 101 Section 3. This act shall take effect July 1, 2017.