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ORD 2008-25TOWN OF TROPHY CLUB ORDINANCE NO. 2008-25 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A CHANGE IN THE TARIFFS OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION ("ATMOS") AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES ("ATM"); FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF AMENDED TARIFFS AS SPECIFIED IN ATTACHMENT "A" HERETO; PROVIDING THAT THE MEETING COMPLIED AT WHICH THIS ORDINANCE WAS ADOPTED COMPLIED WITH THE OPEN MEETINGS ACT AND DECLARING AN EFFECTIVE DATE; PROVIDING A SAVINGS AND REPEALER CLAUSE, PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR DELIVERY OF THIS ORDINANCE TO ATMOS AND LEGAL COUNSEL WHEREAS, the Town of Trophy Club, Texas ("Town") is a regulatory authority under the Gas Utility Regulatory Act ("GURK) and under § 103.001 of GURA has exclusive original jurisdiction over Atmos Energy Corporation — Mid -Tex Division ("Atmos") rates, operations, and services of a gas utility within the municipality; and WHEREAS, the Town has participated in prior cases regarding Atmos as part of a coalition of cities known as the Atmos Texas Municipalities ("ATM"), including Railroad Commission Gas Utilities ("GUD") Docket No. 9400, numerous filings by Atmos pursuant to Section 104.301 of GURA, GUID Docket No. 9670 and GUD Docket No. 9762; and WHEREAS, on February 11, 2008, ATM and Atmos entered into a settlement agreement which provided for a new mechanism to review changes in rates known as the "Rate Review Mechanism" or "RRM" (hereinafter "Settlement Agreement"); and WHEREAS, pursuant to the new regulatory mechanism Atmos filed for an increase in rates of approximately forty-two million dollars ($42 million), to be effective on October 1, 2008; and WHEREAS, the RRM is a three-year experiment which is aimed at reducing rate case expenses and encouraging a more collaborative effort at arriving at just and reasonable gas rates; and WHEREAS, for over three months the experts representing ATM have been analyzing data and interviewing Atmos' management; and WHEREAS, ATM's experts have concluded that slightly less than half of the amount requested by Atmos should be put into rates; and WHEREAS, Atmos has agreed to reduce its requested increase in rates by more than fifty percent (50%); and WHEREAS, in connection with this first RRM, the customer charge for residential customers will be reduced from $10.69 to $7.00, benefiting thousands of fixed income and low - use customers; and WHEREAS, in connection with the implementation of this rate request, an energy conservation program will be instituted to benefit customers of modest means; and WHEREAS, the Steering Committee of ATM and its lawyers recommend approval of the attached tariffs, set forth as Attachment A. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section I Incorporation of Premises The foregoing statements set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2 Amended Tariffs Adopted The amended tariffs in Attachment A are hereby adopted to become effective on October 1, 2008. Attachment A is hereby incorporated into this Ordinance as if written word for word. The proof of revenues in Attachment B, the average bill calculations, and the document entitled "Rate Review Mechanism — 1st Year of Effective Period — Allocation of Settlement Increase by Customer Class" has been relied upon in connection with the adoption of the amended tariffs. Section 3 Open Meeting I Effective Date The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. This Ordinance shall become effective from and after its passage with rates authorized by the Attached Tariffs to be effective in accordance with the law and the terms of the Settlement Agreement. Section 4 Savings and Repealle That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Tariffs of Atmos Energy Corporation, Mid -Tex Division ("Atmos") and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. Section 5 Severabili If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6 Engrossment and Enrollment The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and to comply with Section 7 of this Ordinance. Notice to Atmos A copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel to ATM, at Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1120, Austin, TX 78701. Nick Sanders, Mayor ATTEST: L44 a'Ramsey, ToQ'Secretary I [SEAL] APPROVED AS TO FORM: I ��:L uc� UM /0i Patricia A. Adams, Town Attorney qpy 1, '01 ATTACHMENT A AMENDED TARIFFS ATTACHMENT B PROOF OF REVENUES I =kb AVERAGE BILL COMPARISON ATMOS ENERGY CORPORATION MID-TEX DIVISION RRC TARIFF NO: 19843 REVISION NO: 0 RATE SCHEDULE: R — RESIDENTIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10101/2000 PAGE: 23 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of Die type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Met charges to the amounts due under the riders listed belovr. Charge Amount Customer Charge per Bill $ 7.00 per month Commodity Charge — All Met $2.2410 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM- Franchise Fee Adjustment Plus an amount for franchise fees Calculated in accordance with Rider FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Datelssued: 08/13/2008 ATMOS ENERGY CORPORATION MID-TEX DIVISION RRG TARIFF NO: 19844 REVISION NO: 0 RATE SCHEDULE: C — COMMERCIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 1 PAGE: 24 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 13.50 per month Commodity Charge - All Mcf $ 0.9809 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Franchise Fees are to be assessed solely to Customers within Municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service May be required. Notice '3ervice hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J- Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATMOS ENERGY CORPORATION MID-TEX DIVISION RRC TARIFF NO: I SB42 REVISION NO: 0 RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10101/2008 PAGE: 25 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less tharl 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customers monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 425.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2733 per MMBtu Next 3,500 MMBtu $ 0.1993 per MM Btu All MMStu over 5,000 MMBtu $ 0.0427 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF- Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tay, Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an @Mount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or Interruption of Customer's deliveries, Customer Will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plaits Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/1312008 ATMOS ENERGY CORPORATION RRC TARIFF NO: 19842 MID-TEX DIVISION REVISION NO: 0 I —INDUSTRIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 1 PAGE: 26 Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled 'Daily Price Survey" is no longer published, Company will calculate the 2ppliC2ble imbalance fees utilizing a daily price index recognized as authoritative by the natural gas Industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company - Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATMOS ENERGY CORPORATION RRG TARIFF NO: 19845 MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: TION APPLICABLE TO: capt Environs areas and the City of Dallas) EFFECTIVE DATE: 1 1010112008 1 PAGE: 27 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customers facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customers bill will be calculated by adding the following Customer and MMBtU charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 426.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2733 per MMStu Next 3,500 MMBtu $ 0.1993 Per MMBtLJ All MMBtu over 5,000 MMBtu $ 0.0427 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance With Part (b) of Rider GCR- Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Retention Adjustment., Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment Plus an amount for franchise fees calculated in accordance with Rider FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX, Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged bascd on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees, Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATIVIDS ENERGY CORPORATION RRG TARIFF NO: 19845 MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: T —TRANSPORTATION APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 1010112006 1 PAGE: 28 Monthly Imbalance Fees Customer shall pay Company the greater of (1) $0.10 per MMBtu, or (1!) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Kary point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon notiflcatlon by Company of an event of curtailment or Interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed In Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey' Is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J_ Park Vice President, Rates and Regulatory Affairs Date Issued: 08/1312008 ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: GCR — GAS COST RECOVERY APPLICABLE TO: EFFECTIVE DATE: PAGE: 4D Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R, Rate C, Rate 1, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated In Section (b) below. The amount due for gas cost (Section (a)) is determined by multiplying the Gas Cost Recovery Factor (GCRF) by the Customers monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on a Mcf basis. For Customers receiving service under Rate 1, monthly volume will be calculated on an MMStu basis and the quantities will be adjusted as necessary to recover actual gas costs. The amount due for pipeline cost (Section (b)) is determined by multiplying the Pipeline Cost Factor (PCF) by the Customers monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis- For Customers receiving service under Rate I and Rate T, monthly volume will be calculated on an MMStu basis and the quantities will be adjusted as necessary to recover actual gas costs. (a) Gas Cost Method of Calculation The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor (GCRF), as determined with the following formula: GCRF = Estimated Gas Cost Factor (EGCF) + Reconciliation Factor (RF) + Taxes (TXS) EGCF = Estimated cost of gas, including lost and unaccounted for gas attributed to residential, commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided by the estimated total residential, commercial, and Industrial sales. Lost and unaccounted for gas is limited to 5%. RIF = Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of Interest over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed over that same twelve-month period by the estimated total residential, commercial, and industrial sales for the succeeding October through June billing months. The Interest rate to be used is the annual interest rate published by the PUG every December- The interest rate of 2008 Is 4-69%. Actual Gas Cost Incurred = The sum of the costs booked in Atmos Energy CDFP-, Mid -Tex Division account numbers 800 through 813 and 858 of the FERC Uniform System of Accounts, including the net impact of injecting and withdrawing gas from storage. Also includes a credit or debit for any out -of -period adjustments or unusual or nonrecurring costs typically considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull Fees. Actual Gas Cost Billed = EGGF multiplied by the monthly volumes billed to Residential, Commercial and Industrial Sales customers, less the total amount of gas cost determined to have been uncollectible and written off which remain unpaid for each month of the reconciliation period. Issued By: David J. Park Vice President, Rates and Regulatory Aflaks Date Issued: 08/1312008 ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER; GCR — GAS COST RECOVERY APPLICABLE TO: Entire Division EFFECTIVE DATE: 1010112008 PAGE: 41 Any amount remaining in the reconciliation balance after the conclusion of the period of amortization will be maintained in the reconciliation balance and included in the collection of the next RF. Atmos Energy shall file annual reports With the Commission, providing by month the following amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Written Off, Total Written Off, Gas Cost Collected and Margin Collected. TXS = Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by the estimated total residential, commercial, and industrial sales. ADJ = Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the estimated total residential, commercial, and industrial sales is to be included as a separate line item surcharge, (b) Pipeline Cost Method of Calculation Each month, a Pipeline Cost Factor (PCF) is calculated separately for each Pipeline Cost Rate Class listed below. The formula for the PCF is: PCF = PP / S, where! PP = (P - A) x D, where: P = Estimated monthly cost of pipeline service calculated pursuant to Rate CGS D = Pipeline service allocation factor for the rate class @S approved in the Company's most recent rate case, as follows: Pioellne Cost Rate Class Allocation Fact 2 - Residential Service 1.634698 FRaj ER �� te _ mmercial Service 1,302824 LRate I - Industrial Service and Rate T - Transportation Service 1.062478 A = Adjustment applied in the current month to correct for the difference between the actual and estimated pipeline cost revenue of the second preceding month, calculated by the formula: A = R - (C - A2), where: R = Actual revenue received from the application of the PP component in the second preceding month. C = Actual pipeline costs for the second preceding month. A2 = The adjustment (A) applied to the PP component in the second preceding month. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATMOS ENERGY CORPORATION MID-TEXDIVISION REVISION NO: 0 RIDER: GCR — GAS COST RECOVERY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/0112008 PAGE: 42 S = Estimated Mcf or MMBtu for the rate class for the current billing month. The PCF is calculated to the nearest 0.0001 cent. The Pipeline Cost to be billed is determined by multiplying the Mcf or MMBtu used by the appropriate PCF. The Pipeline Cost Is determined to the nearest whole cent. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/1312008 ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: FF — FRANCHISE FEE ADJUSTMENT APPLICABLETO: EFFECTIVE DATE: 10101/2008 PAGE: 43 Application Applicable to Customers inside the corporate limits of an incorporated municipality that imposes a municipal franchise fee upon Company for the Gas Service provided to Customer. Franchise Fees to be assessed solely to customers within the municipal limits. This does not apply to Environs customers. Monthly Adjustment Company will adjust Customers bill each month in an amount equal to the municipal franchise fees payable for the Gas Service provided to Customer by Company, Municipal franchise fees are determined by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the percentage and applicability of franchise fees. From time to time, Company will make further adjustments to Customer's bill to account for any over- or under -recovery of municipal franchise fees by Company. Issued By: David J_ Park Vice President, Rates and Regulatory Affairs Date Issued: 08/1312008 TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider WNA — Weather Normalization Adjustment APPLICABLE TO: Entire System (except Environs areas arid the City of Dallas) REVISION: DATE: EFFECTIVE DATE: 11/0112008 PAGE: 1 OF 2 RMER WNA — Weather Normalizatlon Adfustrinen Provisions forAdiustment The base rate per Mcf (1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of the Mfd-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential, and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls- Commitation of Weather Normalization Adiustment The Weather Normalization Adjustment Factor shall be computed to the nearest one -hundredth cent per Mcf by the following formula: WNAFI Ri Where (HSFi X (NDD-ADD)) (BLi + (HSFi x ADD) ) any particular Rabe Schedule or billing classification within any such particular Rate Schedule that contains more then one billing classification WNAFi Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Mcf Ri base rate ol temperature sensitive sales for the ith schedule or classification approved by the entity exercising original jurisdiction. HSFi heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per blil (Mcf) and actual heating degree days by month for the test year by schedule or classification arid weather station as part of the RRM filing. NOD billing cycle nonnal heating degree days calculated as the simple ten-year average Of actual heating degree days, ADD billing cycle actual heating degree days. base load sales for the ith schedule or classification calculated as the y- intercept of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNAI = WNAF1 x qr, TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate WNA—Weather Normalization Adjustment APPLICABLE TO: Entire System (except Environs areas and the City of Dallas) REVISION: DATE: EFFECTIVE DATE: 1110112008 PAGE: 2 OF 2 Where qjl is the relevant sales quantity for the jth customer in ith rate schedule. Filings with Entities Exercising Original Jurisdiction As part of its annual RRM filing the Company will file (a) a copy of each computation of tile Weather Normalization Adjustment Factor, (b) a schedule showing the effective date of each such Weather Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such Weather Normalization Adjustment and (d) a random sample and audit of thirty (30) actual customer bills, with customer information deleted, for each rate schedule or classification to which the WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annual RRM filing. If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be filed with the entities exercising original jurisdiction shall be filed on March 1 of each year. Base UsetHeat Sensitivity (HSF) Factors Residential Commerci@l Base use HSF Base use HSF WPAlhPr.qtnfinn Mr.f Mr.f/HDD Mcf Mcf/HDD [—Ablierme 1.27 0-130 10.93 - 0638 Austin 1.29 .0133 0641 Dallas 1.79 20.83 .0878 1 1.30 �6111� 4, .0617 L Wichita Fa 1.35 0143 11.62 0540 Sample WNA Calculation: (.0131 (30-17) .1533perMcf 1.2267 x (1.14 + (.0131 x 17) Where Residential Single Block Rate Schedule Ri 1.2267 per MCF (Rate R - Final Order GUD No. 9670) HSFi .0131 (Residential -Abilene Area) NDO 30 HOD (Simple ten-year average of Actual HDD for Abilene Area — 9/15106 —10/14106) ADD 17 HOD (Actual HDD for Abilene Area — 9115/06 — 10114/06) BLi 1-14 Mcf (Residential - Abilene Area) ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: GEE — CONSERVATION & ENERGY EFFICIENCY APPLICABLETO: Entire Division EFFECTIVE DATE: 10/0112008 Purpose Atmos Energy Mid -Tex is proposing to institute a complete Conservation & Energy Efficiency program which will offer assistance to qualified customer segments in reducing energy consumption and lowering energy utility bills. The proposal is one where Atmos Energy shareholders will fund a percentage of the allowable expenses Incurred annually, with a customer rate component providing the remainder of the funding. Following is a high-level, concept summary of the proposal. Atmos Energy Mid -Tex Division proposes to work with the communities it serves to develop the details of a new tariff and programs addressing conservation and energy efficiency. Synopsis: Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos Mid -Tex, Qualified Customers will receive up to two hundred dollars ($200.00) worth of caulking, weather-stripping, sheathing, sealing, water heater blankets, and like materials, other energy saving devices such as clock -thermostats, set -back devices ("covered items") from approved suppliers I retailers - Company will undertake efforts to enlist support from community groups, Including its own Employee Action Program, to assist customers with installation. if it is determined that professional installation capabilities are necessary, the parries will agree on labor assistance amounts. Eligibility Low Income — Low-income rate -payers that qualify for heating bill assistance through LIHEAP agencies and all agencies that distribute Atmos "Share the Warmth' funds. Agencies that allocate assistance funds denote customer as Low Income, a status that lasts for one year. Senior Citizen — Primary account holder can request eligibility through ATM call center or web -site. Customer provides primary SSN which is verified through Social Security Administration. And account holder that is or turns 65 years old in that year becomes eligible. Funding Initial program funding will be at two million dollars ($2,QD0,000). Atmas Energy shareholders will contribute one million dollars ($1,000,000.00) to this initiative annually with ratepayers providing one million dollars ($1,000,000-00) per year. It is proposed that the program operate on an October 1 through September 30 year, with benefits being capped at the two million dollar level for the initial program period. Administration: A third -party administrator will coordinate qualification of customers, voucher distribution, subsequent verification and reimbursement of eligible expenditures and general program administration. Program administration expenses will be funded from the annual approved budget. Audits will be provided 211 interested parties within 120 days of the end of each program year to determine effectiveness. issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/1312008 ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: I CEE — CONSERVATION & E14ERGY EFFICIENCY APPLICABLE TO: Entire Division EFFECTIVE DATE: 1010112008 Repo Armes shall file an annual report detailing cost to administer the program with details of the amounts paid out of program for energy conversation assistance. The report shall also detail number of applicants, number rejected and accepted and reason rejected. The report shall be filed with the Gas Service Director. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08113/2008 All ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY PROOF OF REVENUE AT CURRENT RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Description Total Reference (a) (b) (c) Rate R 1 Rate Characteristics: RRM Settlement Tariff, 2 Customer Charge $10.69 Rate R 3 2007 RRM True -up $0.00 4 RRM Settlement Tariff, 5 Consumption Charge ($/Mcf) $1.2710 Rate R 6 7 Rider GCR Part A $8.1244 Schedule H 8 Rider GCR Part B $0.6243 Schedule I 9 10 Billing Units (1): I I Bills 17,069,679 Billing Determinants Study 12 Total MCF 78,708,921 Billing Determinants Study 13 14 Present Revenue: 15 Customer Charge $ 182,474,869 16 2007 RRM True -up - 17 Consumption Charge 100,039,039 18 Base Revenue $ 282,513,907 19 Rider GCR Part A 639,460,135 20 Rider GCR Part 6 49,140,231 21 Subtotal $ 971,114,273 22 Revenue Related Taxes 58,440,682 23 24 Total Present Revenue- Rate R $ 1,029,554,955 25 26 Note 1: See Billing Determinants Study for details, ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY PROOF OF REVENUE AT CURRENT RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Descripfion Total Reference (a) (b) (c) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Rate C Rate Characteristics: Customer Charge 2007 RRM True -up Consumption Charge ($1Mcf) Rider GCR Part A Rider GCR Part B Billing Units (1): Bills Total MCIF Present Revenue: Customer Charge 2007 RRM True -up Consumption Charge Base Revenue Rider GCR Part A Rider GCR Part B Subtotal Revenue Related Taxes Total Present Revenue- Rate C RRM Settlement Tariff, $20.28 Rate C $0.00 RRM Settlement Tariff, $0.7104 Rate C $8.1244 Schedule H $0.5228 Schedule I 1,434,516 Billing Determinants Study 50,233,642 Billing Determinants Study 29,091,984 35,685,979 $ 64,777,964 408,116,524 26,261,046 $ 499,155,534 30,038,679 Note 1: See Billing Determinants Study for details. 529,194,213 ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY PROOF OF REVENUE AT CURRENT RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Description Total Reference (a) (b) (c) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 B 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Rate I &T Rate Characteristics: Customer Charge 2007 RRM True -up Block I ($/MMBTU) Block 2 ($/MMBTU) Block 3 ($/MMBTU) Rider GCR Part A Rider GCR Part B Consumption Characteristics: Block 1 Block 2 Block 3 Billing Units (1): Bills Block 1 Block 2 Block 3 Total MMBTU Sales Volumes Present Revenue: Customer Charge 2007 RRM True -up Block 1 Block 2 Block 3 Base Revenue Rider GCR Part A Rider GCR Part B Subtotal Revenue Related Taxes Total Present Revenue- Rate I&T RRM Settlement, Rate I & $425.00 T $0.00 RRM Settlement, Rate I & $0.1933 T RRM Settlement, Rate I & $0.1410 T RRM Settlement, Rate I & $0.0302 T $8.1244 $0.2938 0.23502 0.26655 0.49843 10,052 9,522,217 10,799,921 20,195,218 40.517,356 2,331,063 4,272,100 1,840,645 1,522,789 609,896 $ 8,245,429 18,494,542 11,902,411 $ 38,642,382 2,325,460 Note 1: See Billing Determinants Study for details. 40,967,841 Schedule H Schedule I BIlling Determinants Study Billing Determinants Study Billing Determinants Study Billing Determinants Study Line 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 2007 Descri Rate R Rate Characteristics: Total Customer Charge $7.00 Consumption Charge ($/Mc� $2.1600 2007 RRM True -up ($/Mc� $0.0810 Rider GCR Part A $8.1244 Rider GCR Part B $0.6243 Billing Units (1): Bills 17,069,679 Total MCF 78,708,921 Prormsed Revenue Customer Charge $ 119,487,753 Consumption Charge 176,385,175 Base Revenue $ 295,872,928 Rider GCR Part A 639,460,135 Rider GCR Part B 49,140,231 Subtotal $ 984,473,295 Revenue Related Taxes 59,244,614 Total Proposed Revenue- Rate R $ 1,043,717,909 Note 1: See Billing Determinants Study for details. RRM Settlement Agreement, Pg 2, Item 5 Settlement Allocation Settlement Allocation Schedule H Schedule I WP J-1.1 WID-J-1.1 ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Description Total Reference (a) (b) (c) Rate C 1 Rate Characteristics: 2 Customer Charge $13.50 3 4 Consumption Charge ($/Mcf) $0.9442 5 2007 RRM True -up ($/Mc� $0.0367 6 Rider GCR Part A $8.1244 7 Rider GCR Part B $0.5228 8 9 Billing Units (1): 10 Bills 1,434,516 11 Total MCF 50,233,642 12 13 Proposed Revenue: 14 Customer Charge $ 19,365,966 15 Consumption Charge 49,273,373 16 Base Revenue $ 68,639,339 17 Rider GCR Part A 408,116,524 18 Rider GCR Part B 26,261,046 19 Subtotal $ 503,016,909 20 Revenue Related Taxes 30,271,052 21 22 Total Proposed Revenue- Rate C $ 533,287,962 23 24 Note 1: See Billing Determinants Study for details RRM Settlement Agreement, Pg 2, Item 5 Settlement Allocation Settlement Allocation Schedule H Schedule I WP J-1.2 WP—J-1 -2 Line 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 2007 Rate I &T Rate Characteristics: Customer Charge Block I ($/MMBTU) Block 2 ($/MMBTU) Block 3 ($/MMBTU) 2007 RRM True -up ($/MMBTU): Block I ($/MMBTU) Block 2 ($/MMBTU) Block 3 ($IMMBTU) Rider GCR Part A Rider GCR Part B Consumption Characteristics: Block I (First 1,500 MMBTU) Block 2 (Next 3,500 MMBTU Block 3 (Over 5,000 MMBTU Billing Units (1): Bills Block 1 Block 2 Block 3 Total MMBTU Sales Volumes Proposed Revenue: Customer Charge Block I Block 2 Block 3 Base Revenue Rider GCR Part A Rider GCR Part B Subtotal Revenue Related Taxes Total Proposed Revenue- Rate I&T Total Reference (c) 425.00 Settlement Allocation $0.2352 $0.1715 $0.0367 $0.0381 $0.0278 $0.0060 $8.1244 $0.2938 0.23502 0.26655 0.49843 10,052 9,522,217 10,799,921 20,195,218 40,517,356 2,331,063 $ 4,272,100 2,602,422 2,152,424 862,336 $ 9,889,282 18,494,542 11,902,411 $ 40,286,235 2,424,385 40 41 Note 1: See Billing Determinants Study for details. 42,710,620 Settlement Allocation Settlement Allocation Settlement Allocation Settlement Allocation Schedule H Schedule I WP J-1 WP J-1 WP J-1 WP_J_1 VVP_J_1 ATMOS ENERGY CORP., MID-TEX DIVISION PATE REVIEW MECHANISM - IST YEAR RATE EFFECTIVE PERIOD ALLOCATION OF SETTLEMENT INCREASE BY CUSTOMER CLASS Line Allocated Total True -Up Prospective No. Customer Class Settlement Increase Amount Amount (a) (b) (c) (d) 1 Residential $ 14,164,235 $ 6,373,906 $ 7,790,329 2 Commercial 4,095,041 1,842,769 2,252,273 3 Industrial & Transportation 1.740,723 783,326 957,398 4 Total $ 20,000,000 $ 9,000,000 $ 11,000,000 5 6 Note 1: Includes Pass-thru Taxes ATMOS ENERGY CORP., MID-TEX DIVISION REVENUE REQUIREMENTS BY SERVICE CLASS TEST YEAR ENDING DECEMBER 31, 2007 Line No. Description Current Revenues Proposed Revenuesl Proposed Change Percent Change (a) lb) (c) (d) (a) 1 Total Residential $1,029,554,955 $ 1,043,717,909 $14.162,954 1,38% 2 Total Commercial 529,194,213 533,287,962 4,093,749 0,77% 3 Total Industrial/Transportation 40,967,841 42.710.620 1,742,778 4.25% 4 Total Other Revenue 17,199,870 17,199,870 - 0.00% 5 Total Operating Revenues $ 1,616,916,879 $ 1,636,916,360 $19,999,481 1.24% 6 7 Note* a 1 Projamed Revenjes am [tie resull of the ap�tmn at the pm;iased rates to WN� damorainame. Erred. WP_J-3 2 (Avg Cuel) ATMOS ENERGY CORP., MID-TEX DIVISION Page 5 of 9 AVERAGE BILL COMPARISON TEST YEAR ENDING DECEMBER 31. 2007 Line I Rate R 0 4.9 14. CURRENT PROPOSED 2 Customer Merge $10,69 3 Consumption Merge 4.6 MCF x S1.271D = 5.BS 4 Rider OCR Pon A 4.6 MCF x SBA244 = 37.37 5 Rid., OCR Pad 8 4.6 MCF x $0 U43 = 2.67 6 7 Subtotal $56.78 5 Rider FF & Rd., TM $5618 x O.M018 = 342 9 Total $5020 10 11 Customersnarge S7.00 12 Cmmu.p9.n Merge 4.6 MCF x $Z2410 = 10.31 13 Rider OCR Pon A 4�6 MCF x SG.12� = 37.37 14 Rider OCR Pon B 46 MCF x SO.6243 2.87 is 16 Subtotal $57.55 17 Re,mmm-rel.l.cl T. Reimbursement $57,55 x 0'[)6018 3.45 Ill Total W1.01 19 20 21 Rate C 0 35.3 M CURRENT PROPOSED 22 CustomorsInmg. U028 23 Consumption M.D. 35,3 MCF x $0.71111 = 25.04 24 Rider OCR Pan A 35.3 MCF x $8.12� = 2136.40 25 Rid. GCR Pon B 35.3 1ACF x $0,5226 = 18.43 26 27 28 Subtotal S350.15 29 R.�.d .... Most T. R.I.bum.ment $350.15 x 0.0B018 = 21.07 30 Told S371.m 31 32 Customer Merge ST3,50 33 Consumption Merge 353 MCF x SO 9809 = 34.58 34 Rider OCR Pon A 352 MCF x SBA24,1 = 286.40 35 Rider GCR Pon 5 351 MCF x $0=8 = 10.43 36 37 Subtotal n5zgl 3D R ... ram-ml.dd To. Reimbursement $352.91 x DD6018 = 21.24 39 Total S37415- 40 41 Role I da 4031 WEITU CURRENT PROPOSED 42 C.stsere.r.h.m. $42SOD 43 C.mrsunddom Merge 1.600 VM3TU x $0.1933 = 289,95 44 Consumpfion Marge 2,531 VIVIBTU x SO1410 = 355.84 45 Consumption emage 0 Vlv!9TU x $0.0302 = 0.00 46 Rid., GCR Pad A 4.031 MMSTU x S11.1244 = 32,747.5D 47 Rid., OCR Pad It 4,031 MIMTU x $0.2938 = Tim�oa 48 49 Subt.1.1 sn.W3.37 50 Revertud-ralsered Tax Reimbursement $35,00337 x 0�05018 = 2,105AT 51 Total $37.109,84 52 53 Customer Merge $ 425.00 5`1 Ccda.mpt'M a ... go 1.5all VMBTU x S02733 = 409.95 55 Consumption Merge 2.531 NIMBTU x SDA993 a 5N.38 56 Consumption Merge 0 VMHTU x SO.N27 = 0.00 57 Room, OCR Pon A 4.031 NIMBTU x S8.1244 = 32,747.50 5d Rid., OCR Pon D 4,031 VMSTU x $0,2938 = Tia,l.08 59 Subtotal $35,270.91 0 Revenue-relaled Tax ReimWeemant $35,27091 x 0.0010 = 2.12257 61 Total $37.393.48 62 63 Rate T 5 4031 MMETU CUR�T PROPOSED 6`1 C.slardersharge $425.00 65 Consumptionsinarge 1.500 MMBTU x $0.1933 = 289.95 w Consumption charge 2,531 MMBTU x $0.1410 = 355,64 w Consumption Merge 0 VMBTU x W.0302 = 0.00 68 Rd., GCR Pan B 4,031 MfABTU x SO.2938 = 1.104.08 69 70 Subtotal S2.255,B7 71 Re�erdte-related Tax Reimbursement S2.255.B7 x D.0601 B - 135.76 72 Total $2.391.63, 73 74 C..Wm.,M.rg. 5 425.00 75 consumption Merge 1,500 MMBTU x S0.2733 = 409.95 76 Consumption Modgm 2,631 MMBTU x SUAS93 504.38 Consumption Merge a AMBTU x SO.0427 0,00 78 Rid., OCR Pon B 4,031 MIASTU x S0�293(3 1.104.05 79 Subtotal SZ523.41 80 Rovanue-rolated Tax Reimbursement U.52141 x D.GSDIB 161.86 81 Total ______LZ67527