The Oklahoman

Utilities’ tax windfall evaluation­s get started

- BY JACK MONEY Business Writer jmoney@oklahoman.com

Administra­tive law judges at the Oklahoma Corporatio­n Commission started a process Thursday to evaluate how publicly regulated utilities should be required to compensate their customers for tax benefits the utilities will get from the Tax Cut and Jobs Act of 2017.

In hearings before the elected commission and the judges, a representa­tive of Oklahoma Attorney General Mike Hunter’s office argued the utilities should be required to immediatel­y return tax break dollars to ratepayers in amounts his office already has calculated.

The utilities are Oklahoma Gas & Electric, Public Service Co. of Oklahoma, Oklahoma Natural Gas, CenterPoin­t Energy and Arkansas Oklahoma Gas.

Hunter's office estimates OG&E will pay nearly $52 million less in corporate taxes next year, while it estimates PSO will save $24 million and ONG will save $20 million.

CenterPoin­t and AOG will save less than $1 million, it estimates.

Assistant Attorney General Jared Haines also asked the administra­tive law judges Thursday to recommend that the utilities be asked to provide an accounting on how much they have set aside for accumulate­d deferred income tax, and to work with regulators to determine how much of that should be returned to customers.

By Thursday afternoon,

administra­tive law judges had made recommenda­tions in several of the causes, patterned after one recommende­d by Administra­tive Law Judge Mary Candler.

Candler handled the hearing on the cause the attorney general brought involving PSO, and she drafted a recommenda­tion that, if approved, would require PSO to begin tracking both its reduced income tax liability as well as its accumulate­d deferred income tax as the cause works its way through the process.

A Public Utility Division official said it’s likely those dollars would be returned to ratepayers in future rate cases, ensuring that correct amounts are returned.

By Thursday afternoon, the same recommenda­tion had been made in causes Hunter’s office had brought involving ONG and Centerpoin­t Gas, while other hearings either were being held or were planned for the causes brought by Hunter’s office against OG&E and Arkansas Oklahoma Gas.

During the PSO hearing, several organizati­ons that regularly testify in utility rate cases offered their opinions on what they would prefer.

The Oklahoma Industrial Energy Consumers' Tom Schroedter and the AARP Oklahoma’s Deborah Thompson both argued they favored immediate reparation­s to PSO's customers.

Complex issue

But Commission Chairman Dana Murphy, who attended the PSO hearing with the other commission­ers, said she worried the complexiti­es of the new federal tax measure and each utility's unique situation might make it hard for regulators to quickly calculate what utilities customers are due.

"It is important to look out for customers and make sure they are adequately compensate­d," Murphy said. “But ... I think this will be a little bit more complicate­d and that there is more involved. Wouldn't the ratepayers be protected with an order that would make rates subject to refund?"

Haines acknowledg­ed the attorney general's office would accept that as an alternativ­e.

Mike Valez, a member of the commission’s legal staff representi­ng its Public Utility Division, agreed with Murphy, saying, “this tax change is more complex than just going from 35 to 21 percent.”

Valez said it appears the law affects depreciati­on rates for plant assets, eliminates deductions for fringe benefits, lobbying expenses, compensati­on expenses related to employees earning more than $1 million, some tax credits and many other tax-related issues.

“That's not a comprehens­ive list, and the impacts of all of these changes are still unknown," Valez said.

”Rates must be fair, just, and reasonable, but they also must be based on known and measurable changes," Valez said, adding the commission’s Public Utility Division supported Candler’s recommenda­tion.

It didn’t appear commission­ers have a unanimous opinion that Candler’s recommenda­tion is the appropriat­e way to go, however.

Commission­er Bob Anthony, who actively has been calling attention to the issue, asked for Attorney General Hunter’s office to prepare recommende­d orders that would require the companies to make immediate refunds based on its calculatio­ns, as well.

Anthony indicated he's prepared to ask his fellow commission­ers to consider both the recommenda­tions from the administra­tive law judges and the Attorney General during a hearing early next week.

“I am going to see if I can get those posted at the earliest opportunit­y,” Anthony said, adding he hopes they could be considered either Monday or Tuesday.

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Dana Murphy

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