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CC SR 20210601 09 - Cal Water 2022 Rate Case CITY COUNCIL MEETING DATE: 06/01/2021 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to authorize a representative to participate on behalf of the City as a party in the Cal Water 2022 California Public Utilities Commission Rate Case. RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager, or designee, to serve as a party in a proceeding for the California Water Service Company’s (Cal Water’s) Cost of Capital Application with the California Public Utilities Commission (CPUC), seeking general increases in water service rates; and (2) Direct Staff to serve and file a Motion for Party Status in the Application Proceeding (Application 21-05-002). FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: McKenzie Bright, Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Notice of Availability of Cost of Capital Application Filed by California Water Service Company (U-60-W) (page A-1) B. Draft of Motion for Party Status (page B-1) C. May 12, 2021 City Letter to CPUC Commissioners and Cal PA Director (page C-1) BACKGROUND AND DISCUSSION: On December 3, 2020, the California Public Utilities Commission (CPUC) approved the California Water Service Company (Cal Water) 2020 General Rate Case, impacting customer bills in the Palos Verdes water system beginning in February 2021. 1 Cal Water establishes the cost of capital and receives approval for rate increases from the CPUC every three years. Rate increases are also reviewed by the California Public Advocates Office (Cal PA), an independent organization within the CPUC that advocates on behalf of utility ratepayers. At the City Council meeting on April 20, 2021, Cal Water representatives provided a presentation providing background for the significant rate increases seen in Palos Verdes water bills. As a result of the Palos Verdes Peninsula Water Reliability Project, as well as routine costs associated with acquiring, maintaining, and providing water to Palos Verdes residents, residential ratepayers’ service charges increased by 50%, and tier usage rates increased by 5% for Tier 1, 23% for Tier 2, and 55% for Tier 3. On May 12, 2021, after direction from the City Council, Staff sent a letter to the CPUC Commissioners and Cal PA Director (Attachment C), expressing concerns over the substantial increase in service charges and making recommendations to alleviate rate increases, including transitioning cost burden from service charge to tier usage, creating additional water rate tiers, and providing enhanced transparency of tier assignment . The City received notice on May 20, 2021, that Cal Water filed its Cost of Capital Application with the CPUC, seeking general rate increases for the period from January 1, 2022, through December 31, 2024. The proposed increase for Palos Verdes, for a customer with average water usage and a 5/8” by 3/4" meter, is $0.72, or 0.7% (Attachment A). At the April 20 meeting, the City Attorney advised the Council that the City could participate in the rate case as a formal party. With Cal Water’s application, the City may now apply to be a party in a proceeding. A Party is a person or organization that is formally and directly involved in the decision - making process. Participating as a formal party in a CPUC proceeding is the best way to influence decisions. A party has the right to present evidence and w itnesses, obtain information from other parties, and file relevant motions, petitions, objections, and briefs. Parties must, among other requirements, demonstrate that their perspective will be relevant to the proceeding’s issues. Party status may be granted by the CPUC after filing a motion to become a party, filing a petition or complaint, filing a protest or response to an application or petition, or entering an appearance at a pre-hearing conference or hearing. In order to participate as an advocate for Rancho Palos Verdes ratepayers and to ensure they are receiving safe and reliable water service at low ratepayer costs, Staff recommends the City Council authorize the City Manager, or designee, to become a party in a proceeding for Cal Water’s 2022-2024 rate increase, to advocate on behalf of residents, and direct Staff to serve and file a Motion for Party Status, as drafted, or with revisions. 2 ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Take other action, as deemed appropriate. 3 1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of CALIFORNIA WATER SERVICE COMPANY (U-60-W), a California corporation, for for Authority to Establish its Authorized Cost of Capital for the period from January 1, 2022 through December 31, 2024. Application 21-05-002 Filed May 3, 2021 NOTICE OF AVAILABILITY OF COST OF CAPITAL APPLICATION FILED BY CALIFORNIA WATER SERVICE COMPANY (U-60-W) On May 3, 2021, California Water Service Company (“Cal Water”) filed its Cost of Capital Application with the California Public Utilities Commission (“Commission”). You are receiving this notification pursuant to Rule 3.2(b) of the Commission’s Rules of Practice and Procedure (“Rule”).1 In its Application, Cal Water is seeking general increases in rates as shown in the tables that follow. Water rates adopted as a result of this application will go into effect no sooner than January 1, 2022. You may obtain the application and associated public attachments on the Commission’s website at https://docs.cpuc.ca.gov/SearchRes.aspx?DocFormat=ALL&DocID=381473547 or by contacting the Cal Water Rates Department at RatesHelp@calwater.com or 408-367- 8200. For more information about Cal Water, see https://www.calwater.com/. 1 Rule 3.2(b) states: “Applicants for authority to increase rates shall, within 20 days after filing the application with the Commission, serve notice to the following stating in general terms the proposed increases in rates or fares: (1) the Attorney General and the Department of General Services, when the State is a customer or subscriber whose rates or fares would be affected by the proposed increase; (2) the County Counsel (or District Attorney if the county has no County Counsel) and County Clerk, and the City Attorney and City Clerk, listed in the current Roster published by the Secretary of State in each county and city in which the proposed increase is to be made effective; and (3) any other persons whom applicant deems appropriate or as may be required by the Commission.” http://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M209/K618/209618807.PDF A-1 2 Average Residential Bill Impact (for a 5/8” x 3/4” Water Meter) District/Region Avg Usage (CCF*) 2021 Current Bill 2022 Proposed Bill Amount Change ($) Percent Change Bakersfield 15 $46.02 $46.31 $0.29 0.6% Bay Area Region 7 $62.38 $62.72 $0.34 0.5% Bear Gulch 11 $95.90 $96.60 $0.70 0.7% Chico 12 $34.22 $34.46 $0.24 0.7% Dixon 9 $73.21 $74.16 $0.95 1.3% Dominguez 9 $51.08 $51.31 $0.23 0.5% East Los Angeles 10 $65.53 $66.01 $0.48 0.7% Hermosa Redondo 8 $48.95 $49.17 $0.22 0.4% Kern River Valley 4 $75.81 $76.20 $0.39 0.5% Livermore 10 $62.88 $63.22 $0.34 0.5% Los Altos 13 $87.67 $88.14 $0.47 0.5% Los Angeles County Region – Antelope Valley 10 $69.69 $69.95 $0.26 0.4% Los Angeles County Region – Palos Verdes 15 $106.48 $107.20 $0.72 0.7% Marysville 8 $47.63 $47.98 $0.35 0.7% Oroville 8 $47.82 $48.13 $0.31 0.6% Salinas Valley Region 9 $46.74 $47.16 $0.42 0.9% Selma 13 $42.83 $43.13 $0.30 0.7% Stockton 9 $52.11 $52.48 $0.37 0.7% Travis Flat $163,932.64 $164,588.37 $655.73 0.4% Visalia 13 $27.11 $27.27 $0.16 0.6% Willows 10 $64.49 $65.09 $0.60 0.9% Westlake 14 $85.76 $86.04 $0.28 0.3% *CCF stands for 100 cubic feet. One CCF is equal to 748 gallons. Proposed Revenue Increases Dollars (in thousands) Percentage Bakersfield $512.9 0.6% Bay Area Region (formerly Bayshore and Redwood Valley) $497.3 0.5% Bear Gulch $421.9 0.7% Chico $180.9 0.7% Dixon $56.0 0.9% Dominguez $331.6 0.5% East Los Angeles $281.2 0.7% Hermosa Redondo $156.2 0.5% Kern River Valley $52.1 0.7% Livermore $141.2 0.5% Los Altos $227.8 0.5% Los Angeles Region - Antelope Valley $7.2 0.4% Los Angeles Region - Palos Verdes $418.5 0.7% A-2 3 Proposed Revenue Increases Dollars (in thousands) Percentage Marysville $31.3 0.7% Oroville $35.3 0.6% Salinas Valley Region (formerly King City and Salinas) $339.0 0.9% Selma $40.3 0.7% Stockton $395.3 0.7% Visalia $173.0 0.6% Willows $31.2 0.8% Westlake $70.8 0.3% Travis $7.6 0.4% TOTAL $4,408.7 0.6% Dated: May 20, 2021 A-3 1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA MOTION FOR PARTY STATUS OF THE CITY OF RANCHO PALOS VERDES William Wynder Aleshire & Wynder, LLP For the City of Rancho Palos Verdes 1881 Von Karman Ave., Suite 1700 Irvine, CA 92612 Tel: 310-527-6667 E-mail: wwynder@awattorneys.com [Date of when motion served and filed] Application of California Water Service Company (U-60-W), a California corporation, for the Authority to Establish its Authorized Cost of Capital for the period from January 1, 2022 through December 31, 2024. Application 21-05-002 (Filed May 3, 2021) B-1 2 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA MOTION FOR PARTY STATUS OF THE CITY OF RANCHO PALOS VERDES I. Introduction The City of Rancho Palos Verdes (“City”), respectfully moves for party status in this proceeding in accordance with Section 1.4 of the California Public Utilities Commission (“Commission”) Rules of Practice and Procedure. II. Interest in this Proceeding The City of Rancho Palos Verdes is a general law city, located in Los Angeles County on the Palos Verdes Peninsula, with water service for all customers within the City provided by the California Water Service Company (Cal Water). A. The City requests party status in this proceeding to ensure the CPUC is informed of the interests of the City, and all its citizens, that may be affected by this proceeding, and to ensure the City has adequate notice and opportunity to respond to issues, claims and arguments that may be raised by any party in the course of this proceeding. B. The City has a direct interest in protecting its constituents by ensuring continuation of the most cost-effective and deliverable water supplies. In addition, the City has a direct interest in ensuring the various components of the overall water supply system on the Palos Verdes Peninsula are effective and adequately reflect the public’s needs and wishes. To these ends, the Application of California Water Service Company (U-60-W), a California corporation, for the Authority to Establish its Authorized Cost of Capital for the period from January 1, 2022 through December 31, 2024. Application 21-05-002 (Filed May 3, 2021) B-2 3 City promotes a full and balanced consideration of perspectives and a comprehensive analysis of cost-effective service. In accord with Rules 1.4(b), the City has information useful and pertinent to the Commission in this proceeding. III. Notice Service of notices, orders, and other correspondence in this proceeding should be directed to the City at the address set forth below: Ara Mihranian City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Tel: 310-544-5202 E-mail: aram@rpvca.gov William Wynder Aleshire & Wynder, LLP 1881 Von Karman Ave., Suite 1700 Irvine, CA 92612 Tel: 310-527-6667 E-mail: wwynder@awattorneys.com IV. Conclusion The City’s participation in this proceeding will not prejudice any party and will not delay the schedule or broaden the scope of the issues in the proceeding. For the reasons stated above, The City of Rancho Palos Verdes respectfully requests that the CPUC grant this Motion for Party Status filing. B-3 4 Dated: [date of when motion served and filed] Respectfully submitted, /s/ _________________ William Wynder Aleshire & Wynder, LLP For the City of Rancho Palos Verdes 1881 Von Karman Ave., Suite 1700 Irvine, CA 92612 B-4 May 12, 2021 Via Email The Honorable Marybel Batjer and Commissioners California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 Elizabeth Echols, Director Public Advocates Office 505 Van Ness Avenue San Francisco, CA 94102 SUBJECT: Rancho Palos Verdes Concerns Over Cal Water Rates for Residential Ratepayers Dear President Batjer, CPUC Commissioners, and Director Echols, On behalf of the residents and City Council of the City of Rancho Palos Verdes, I am writing to express our concerns over the recent substantial increase in service charges for residential ratepayers imposed by the California Water Service Company (Cal Water) in the Palos Verdes service area of the Rancho Dominguez District. On December 3, 2020, the California Public Utilities Commission (CPUC) approved Cal Water’s General Rate Case for 2020-2022, and residents began seeing the related increases to their water bills during the February billing cycle. The approved rate increase incorporated the fees associated with Cal Water’s recently completed $96 million Palos Verdes Peninsula Water Reliability Project. This project added seven miles of new drinking water pipeline for customers on the Palos Verdes Peninsula and added a new pump station. As a result, customers’ service charges increased by 50%, and tier usage rates increased by 5% for Tier 1, 23% for Tier 2, and 55% for Tier 3. While the City appreciates the work by the CPUC and the Public Advocates Office (Cal PA) to review, analyze, and approve the recent Cal Water General Rate Case, we are concerned that the substantial increase in service charges unfairly penalizes customers for the readiness-to-service charge. Of particular concern to residents is the significant service charge associated with a 1” meter. Residents in Rancho Palos Verdes most likely did not have a choice in their meter size and may not have considered the C-1 President Batjer, CPUC Commissioners, and Director Echols May 13, 2021 Page 2 financial implications of having a larger meter. We would therefore like to formally express our concerns over the substantial increase in water bill rates, on behalf of Rancho Palos Verdes ratepayers. The City recognizes that the rate setting process has ended, and that Cal Water anticipates starting its 2023-2025 General Rate Case in the summer. The City anticipates participating in this process as an intervenor to better protect the interests of Rancho Palos Verdes ratepayers. We understand that many considerations go into approving new rates for private utility companies, and appreciate the time, effort, and advocacy that occurred as part of the 2020-2022 General Rate Case. As the new cycle begins for Cal Water, we encourage the CPUC and Cal PA to reevaluate how costs like the Palos Verdes Water Reliability Project are borne by residential ratepayers. To that effect, for the next rate increase hearings, we propose the following recommendations aimed at alleviating the significant rate increase associated with the completion of the Palos Verdes Peninsula Water Reliability Project for residential ratepayers: • Transition of cost burden from service charges to tier usage. Transitioning some of the service charge cost to the tier usage may help encourage conservation and minimize financial penalties to residents with a 1” meter. • Expansion of water rate tiers – increasing the number of tiers from three to five for single-family residential customers may provide a more equitable distribution of recovery costs for the Palos Verdes Peninsula Water Reliability Project based on a ratepayer’s water usage. • Enhanced transparency regarding tier assignments and establishment of a tier reclassification process that is tied to a customer's individual annual water usage. Thank you for your continued efforts to ensure Californians’ access to safe and reliable utility infrastructure and services at low ratepayer costs. We understand that the recently approved Cal Water General Rate Case underwent a rigorous review process, but we, on behalf of Rancho Palos Verdes ratepayers, believe there may be other rate options available to distribute the costs of the Palos Verdes Water Reliability Project more equitably across ratepayers, while promoting conservation efforts. The City looks forward to being an intervenor and active participant in the next Cal Water General Rate Case cycle, to ensure that Rancho Palos Verdes residents have safe, reliable, and low-cost water. C-2 President Batjer, CPUC Commissioners, and Director Echols May 13, 2021 Page 3 Sincerely, Eric Alegria Mayor, City of Rancho Palos Verdes cc: Rancho Palos Verdes City Council Ara Mihranian, City Manager Karina Bañales, Deputy City Manager Angie Gilbride, Cal Water Regional Community Affairs C-3