North Carolina Utilities Commission
Transcription
North Carolina Utilities Commission
North Carolina 8 hD roug 200 Major Activities Th gh rou 2009 REPORT - VOLUME XL Statistical and Anal h t i ytic W 9 al D 0 0 2 ata er b m Th ec e UtilitiesCommission LETTER OF TRANSMITTAL December 6, 2010 The Honorable Beverly Perdue The Governor of North Carolina Raleigh, North Carolina Dear Governor Perdue: We hereby present for your consideration the 2009 Report of the North Carolina Utilities Commission pursuant to Section 17 of the Public Utilities Act of 1963 as amended in 1977 (G.S. 62-17). The report covers the major activities of the Commission through December 2009 with statistical and analytical data for the operations of the utilities through 2008. Respectfully submitted, Edward S. Finley, Jr., Chairman Lorinzo L. Joyner William T. Culpepper, III Bryan E. Beatty Susan W. Rabon ToNola D. Brown-Bland Lucy T. Allen Prepared by North Carolina Utilities Commission Division of Fiscal Management 4325 Mail Service Center Raleigh, NC 27699-4325 Telephone No. 919-733-7680 TABLE OF CONTENTS Chapter Page Letter of Transmittal I. Organization and History A. B. C. D. E. II. III. 1 Commission Staff and Organization Chart Biographical Sketch of Each Commissioner Biographical Sketch of Executive Director Public Staff and Organization Chart Historical Sketch of Development Selected Commission Activities Through December 2009 20 A. B. C. D. 21 21 23 24 General Electric Consumer Pocketbook Issues Regulatory Fees Summary of the Commission Activities and Operations 2009 and Prior Years A. Overview of Size, Operating Results, and Number of Companies Regulated B. Commission Case Load: Formal and Informal Hearings C. General Impact of the Regulated Utilities on the Economy of North Carolina in 2008 IV. 2 3 6 10 11 28 29 29 30 The Electric Power Industry 34 A. General Comments B. Renewal Energy and Energy Efficiency C. Retail Customer Growth--Comments D. Annual Customer Usage E. Comparisons of Average Residential Monthly Bills F. Advanced Energy Corporation G. Generating Capability -- Nuclear Power Impact and Cogeneration H. Source and Disposition of the Electric Operating Revenue Dollar I. Energy Sales J. Statistical Summary Data 42 43 51 52 52 52 53 54 54 54 i TABLE OF CONTENTS - Continued Chapter V. VI. VII. VIII. Page The Natural Gas Industry 66 A. A Brief History of the Natural Gas Industry B. Plant Investment and Expansion C. Growth Trends--Customers, Revenues, Volume D. Comparisons of Residential Bills, Usage, and Cost Per Dekatherm E. Gas Trackings--Pass Ons--Special Situations, and General Rate Cases F. Natural Gas Pipeline Safety G. Source and Disposition of the Gas Revenue Dollar H. Statistical Summary Data 69 70 70 71 71 73 74 74 The Communications Industry 90 A. Brief Review of the Telephone Industry--General B. Customer Growth and Impact on Plant Investment C. Demands and Quality of Service D. Extended Area Service (EAS) E. Telephone Rates--Comments F. Source and Disposition of Revenues--Comments G. Plant Investments--Comments H. Statistical Summary Data 93 94 95 95 95 96 96 96 The Water and Sewer Industry 105 A. B. C. D. 107 107 108 108 General Comments Commission Activities Regulated vs. Nonregulated Monthly Charges Statistical Summary Data The Transportation Industry--Household Goods Movers 136 A. B. C. D. E. 137 137 137 137 138 Classification of Motor Freight Carriers Duties of the Transportation Division Commission Activities Summary of Operating Data Legislative Action ii TABLE OF CONTENTS - Continued Chapter IX. Page The Transportation Industry--Motor Passenger Carriers 144 A. B. C. D. 145 145 145 General Comments Intercity Motor Passenger Carriers Fare Increases Authorized--Intercity Preemption of Regulation Over Motor Carriers of Passengers in Charter Bus Transportation iii 145 CHART OF TABLES, CHARTS, AND GRAPHS Figure No. 1-1 1-1A 1-1B 1-2 1-3 2-1 2-2 2-3 3-1 3-2 3-3 4-1 4-2 4-2A 4-3 4-4 4-5 4-6 4-7 4-8 4-9 4-10 4-11 4-12 4-13 4-14 5-1 5-2 5-3 5-4 5-5 Title Commission Staff--Organization Chart Leadership of State Regulatory Activities 1891-1933 North Carolina Utilities Commissioners Listed in Order of Appointment with Approximate Years of Service Public Staff--Organization Chart Summary of the Receipts and Expenditures--Fiscal Years Ended June 30, 2009 Ended June 30, 2009 North Carolina Utility Rates vs. Consumer Price Index (CPI) Electric, Gas, and Telephone General Rate Case Data-Amounts Requested and Granted for Calendar Years 2001-2009 Filings and Orders by Industry Group--- Calendar Year 2009 Highlights of Activities--Electric, Gas, and Telephone Utilities Major Utilities Regulated and Reporting to the North Carolina Utilities Commission Gross Plant Allocated to Serve North Carolina Customers--Electric, Gas, and Telephone for the Years 2003-2008 North Carolina Electric IOU Service Area Map Map of North Carolina Electric Membership Corporations Map of ElectriCiites North Carolina Membership Major N.C. Electric Companies and Municipal Electric Systems N.C. Electric Membership Corporations and Source of Power Customer Growth for Major Electric Companies Average Annual Residential Consumption (kWh/Customer) Residential Electric Service -- Major Companies (Avg. Price per kWh) General Rate Increases for Electric Companies for the year 2008 Comparative Typical Residential Electric Bills--2003-2009 Source and Disposition of the Operating Revenue Dollar--Pie Chart Form-Electric Companies (N.C. Operations Source and Disposition of the Operating Revenue Dollar -Major Electric Companies--2003-2008 Fuel Costs--2003-2008 Energy Sales by Class--Major Electric Companies Major Electric Companies--Income Statement, Balance Sheet, and Other Statistical Items for 2002-2008 Map of Natural Gas Service Areas in North Carolina North Carolina Gas Companies North Carolina Municipal Gas Systems Natural Gas Companies--Class A--Gross Plant Investments--1980-2008 Customers by Classification--Yearly Average 1980-2008 iv Page 7 7 8 10 19 25 26 27 31 32 33 35 36 37 38 40 55 56 57 58 59 60 61 61 62 63 67 68 68 75 76 CHART OF TABLES, CHARTS, AND GRAPHS - Continued Title 5-6 5-7 5-8 5-9 5-10 5-11 5-12 5-13 5-14 5-15 6-1 6-1A 6-2 6-3 6-4 6-5 6-6 6-7 6-8 7-1 7-2 7-2A 7-3 Gas Companies--Customer Growth by Class for 2002-2008 Gas Company Energy Sales by Classes Summary of Natural Gas Deliveries by Dekatherms, Revenues, and Customers by Classifications for 2003-2008 Regulated and Municipal Gas Systems--Number of Customers, Total Revenues From Sales of Gas and Transportation of Gas, and Total Dekatherms Sold for 2007-2008 Residential Natural Gas Customers' Average Dekatherm Usage and Cost Data--2003-2008 Gas Tracking Changes Approved--2008 General Rate Increases Approved--2008 Source and Disposition of the Gas Operating Revenue Dollar Source and Disposition of the Revenue Doll--Gas Companies-Class A Gas Companies--Income Statement, Balance Sheet, and Customer Statistics for Years 2003-2008 Local Exchange Telephone Companies and Shared Tennant Service Providers Operating in North Carolina Regulated Local Exchange Telephone Companies Operating in North Carolina--1980, 1985, 1990, 1995, 2000 and 2005; Number of Total Telephones/Access Lines in Service, Exchanges, and Density Data Regulated Local Exchange Telephone Companies Operating in North Carolina -- Number of Total Access Lines Access Lines in Services as of December 31, 2007, 2008 and 2009 North Carolina Regulated Local Exchange Telephone Rates vs. U.S. Average Monthly Telephone Rates Source and Disposition of the Revenue Dollar--Regulated Telephone Companies--Pie Chart for 2008 Regulated Local Exchange Telephone Companies' Plant Investment Per Access Lines Gross and Net Telephone Plant Allocated to North Carolina Operations for the Years 2007 and 2008 Summary of Selected Data--Income Statement, Balance Sheet, and Statistical Items for the Calendar Years 2007 and 2008 Map of Distribution of Customers Served by Regulated Water & Sewer Utilities Distribution Summary of Systems and Customers of All N.C. Regulated Water and Sewer Utilities by Counties Distribution of All N.C. Regulated Water and Sewer Utilities by Counties Water and sewer Companies Regulated --Revenues, Customers, and Number of Systems v Page 77 78 79 81 82 83 84 85 86 87 91 97 98 99 100 101 102 103 104 106 109 112 127 CHART OF TABLES, CHARTS, AND GRAPHS - Continued Figure No. 7-4 7-5 7-6 8-1 8-2 9-1 9-2 9-3 9-4 Title Noncurrent Data of Water and Sewer Companies Regulated Plant, Revenue, and Customer Growth of all Regulated Water and Sewer Companies in North Carolina for the years 2000, 2001, 2002, 2003, 2004, 2005 2006, 2007, and 2008 Comparative Monthly Charges for Residential Water and Sewer Service in North Carolina at January 1, 2009 Household Goods Movers--All Classes Revenue, Employee Wages Summary of HHG Operation Report Information -- 2008 Motor Passenger Carriers Franchised to Operating in North Carolina Motor Passenger Brokers Franchised to Operate in North Carolina Motor Passenger Carriers Regular Route -- Summary of Total Company Revenues and Expenses Motor Boat Commission Carriers as of December 31, 2008 vi Page 133 134 135 139 143 147 148 149 150 I. ORGANIZATION AND HISTORY 1 A. COMMISSION STAFF AND ORGANIZATION CHART There were seven Commissioners and 57 Commission Staff positions as of January 1, 2010. Commissioners are appointed by the Governor subject to the confirmation by the General Assembly by joint resolution. NORTH CAROLINA UTILITIES COMMISSION COMMISSION STAFF Commissioners and Division Personnel as of January 1, 2010 Commissioners Edward S. Finley, Jr., Chairman Robert V. Owens, Jr. Commissioner Bryan E. Beatty Commissioner Lorinzo L. Joyner Commissioner Susan Warren Rabon Commissioner William T. Culpepper, III Commissioner ToNola D. Brown-Bland Commissioner Division Directors and Chief Clerk Chief Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Operations Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fiscal Management Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Renné C. Vance Robert H. Bennink, Jr. Donald R. Hoover Mac Ellis Baptist Church; United States Coast Guard; assumed Commissionership on August 29, 1997. Commissioner Owens was reappointed for a second eight-year term that began on July 1, 2005, and expires on June 30, 2013, married (Sarah), two children. Commissioner Owens resigned effective March 1, 2010. B. BIOGRAPHICAL SKETCH OF EACH COMMISSIONER Edward S. Finley, Jr., Chairman: Commissioner Finley, 60, was born in North Wilkesboro, North Carolina. He holds a Batchelor of Arts degree in history from the University of North Carolina at Chapel Hill and a Juris Doctor from the University of North Carolina School of Law. Between 1974 and 2007 he practiced law in Raleigh, North Carolina, with the firm of Joyner & Howison from 1974 to 1980 and the firm of Hunton & Williams from 1980 to 2007, after a merger of the two firms. His primary area of practice was public utility regulation. Governor Easley appointed Finley to the Commission on January 23, 2007, to fill a term that expires June 30, 2011. Governor Easley appointed Commissioner Finley as Chairman of the Commission on April 10, 2007. Chairman Finley was reappointed as Chairman for a second fouryear term effective July 1, 2009. Chairman Finley is active in community and civic affairs. He and his wife, Ginger, have two sons. Lorinzo Little Joyner, Commissioner: Commissioner Joyner was born in Wadesboro, North Carolina on May 8, 1948. She attended public schools in Anson County and graduated from West Ansonville High School in 1965. She graduated with high honors from NC A&T State University, Greensboro, with a B.S. in English Education, in 1969. Joyner became a high school English teacher, working in the public schools of Greensboro and Durham. She left the teaching profession in 1978 to enter the School of Law at the University of North Carolina at Chapel Hill and received her J.D. in 1981. Joyner was appointed to the Commission by Governor Mike Easley on January 22, 2001. She is a member of the Telecommunications Committee of the National Association of Regulatory Utility Commissioners (NARUC), the Consumer Affairs Committee, and the North American Numbering Council (NANC). Joyner was appointed to the Commission by Governor Mike Easley on January 22, 2001. That term as Commissioner expired on June 30, 2009. She was reappointed by Governor Beverly Perdue for the term that began on July 1, 2009 and ends on June 30, 2017. Commissioner Joyner has held a variety of positions during her 25 year career as a government lawyer. She served as an Assistant Appellate Defender in the Office of the Appellate Defender from 1981 – 1983. She became a staff lawyer for the Public Staff of the North Carolina Utilities Commission in 1983, and continued her work in public utilities law after joining the Utilities Section of the North Carolina Attorney General’s Office. Joyner also served as an adjunct professor at the North Carolina Central University School of Law in Durham. In 1991, she became a Special Deputy Attorney General, supervising the legal assistance provided to the Commissioner and Department of Robert V. (Bobby) Owens, Jr., Commissioner: Born December 21, 1932, in Manteo, North Carolina; Manteo High School; East Carolina University. Co-owner and manager of Owens’ Restaurant; Coowner of fast food franchise; Director of Governor’s Eastern Office (1993-1997); Dare County Board of Commissioners (1970-1978); Chairman, Dare County Board of Commissioners (1984-1997); North Carolina Tax Study Commission (19861988); North Carolina State Banking Commission (1982-1984); North Carolina State Parks and Recreation Commission (1980-1982); Member, Manteo Lions Club, past President; Member, Manteo Masonic Lodge; Member, Dare County Shrine Club, past President; Leadership Award for Promotion of Education and Technology in Dare County Schools; Leadership Award for Promotion of Dare County Babe Ruth World Series; Dare County Citizens of the Year Award; Town of Manteo Citizens of the Year Award; Leadership Award for North Carolina Mentally Handicapped; Member, Manteo 3 Authority, 1979-2005. Chairman, Chowan County Democratic Party 1987-1991. Member, Edenton Historical Commission, 1987-present. President, First Judicial District Bar Association, 1987-1988. Recipient, Perquimans Restoration Association Harvey Award for Distinguished Public Service, 1997. Practicing attorney in Edenton, N.C., 1973-2005. County Attorney, Chowan County, 1979-2005. Member, Edenton Savings and Loan Board of Directors, 1979-1993. Member, Branch Banking and Trust Company, Edenton Local Board of Directors, 1993-present. Member, N.C. House of Representatives, 1993-2005. Member, N.C. General Statutes Commission, 1995-2005. Member, N.C. Courts Commission, 1995-2005. Chairman, Committee on Rules, Calendar and Operations of the House, 1999-2005. Cochairman, Appropriations Subcommittee on Justice and Public Safety, 1999-2002. Member, Joint Legislative Commission on Government Operations, 1999-2005. Member, Legislative Services Commission, 1999-2005. Co-chairman, Joint Legislative Ethics Commission, 2003-2005, Member, UNC Wilmington Board of Visitors, 2005 – present. Assumed Commissionership with the North Carolina Utilities Commission: January 1, 2006; expires June 30, 2013. Insurance, the State Health Plan, the Department of the Secretary of State, the State Auditor, the Department of Commerce, the North Carolina State Ports Authority, and the North Carolina Rural Electrification Authority. Commissioner Joyner has been active in various barrelated and community service organizations, including the North Carolina Association of Black Lawyers, the Capital City Lawyers Association, the Tenth Judicial Bar, Race Study Circles, and Alpha Kappa Alpha Sorority, Incorporated. She has also served as a member of the Salvation Army Advisory Board and the Board of Directors for HopeLine, Inc., a crisis intervention program. Joyner is a member of Watts Chapel Baptist Church. She and her husband, Charles, have two children and three grandchildren. Howard N. Lee, Commissioner: Howard Lee was appointed to the Utilities Commission by Governor Mike Easley to complete the eight-year term of Mike Wilkins. Commissioner Lee’s commissionership began April 1, 2005. Commissioner Lee resigned effective March 31, 2009. William Thomas Culpepper, III, Commissioner: Born Elizabeth City, North Carolina January 23, 1947. Preparatory education: Hampden-Sydney College (B.S., 1968). Legal education: Wake Forest University (J.D., 1973). Recipient: Edenton Jaycees Distinguished Service Award, 1975. Director, Edenton Chamber of Commerce, 1974-1976. Chairman, Chowan County Unit, American Cancer Society, 1974-1976. Chairman, Chowan County Chapter, American Red Cross, 1974-1977. Advisor, Chowan County Teen-Dem Club, 1974-1978. Recipient: Most Outstanding Teen-Dem Advisor in NC, 1976. Chairman, Historic Edenton, Inc., 1976-1977. Chairman, Edenton Historic District Commission, 1976-1980. President, Chowan County Heart Fund, 1977. President, Edenton Jaycees, 1980-1981. President, Edenton Rotary Club 1986-1987. Chairman, Chowan County Industrial Facilities and Pollution Control Financing Bryan E. Beatty, Commissioner: Commissioner Beatty was appointed to the North Carolina Utilities Commission by Governor Mike Easley for a term that commenced on January 7, 2009 and expires on June 30, 2009. Governor Beverly Perdue reappointed him for the term that commenced on July 1, 2009 and ends on June 30, 2017. Born March 10, 1958 in Englewood, New Jersey and a graduate of Salisbury High School in Salisbury, North Carolina, he earned his B.A. in Political Science from the State University of New York at Stony Brook in 1980. Beatty received his Juris Doctorate in 1987 from the University of North Carolina School of Law and is a 1981 graduate of the N.C. State Bureau of Investigation Academy at Salemburg. Beatty served as the Secretary of the N.C. Department of Crime Control and Public Safety from 2001 until 2009 and was 4 She received her J.D. from the University of Virginia School of Law in 1986. Upon graduation from law school and having been admitted to the North Carolina State Bar in the summer of 1986, she clerked for The Honorable Jack L. Cozort, North Carolina Court of Appeals. She entered private practice in 1987 with the firm, Carr, Swails, Huffine & Crouch of Wilmington, NC. In 1993, she joined the staff of the Attorney General’s Office in Raleigh as Special Counsel and in 1994 became Deputy Attorney General for Administration. There she oversaw the dayto-day operation of the Department of Justice as Chief of Staff. In 2001, she moved to the Governor’s Office with incoming Governor Michael F. Easley. As Senior Assistant for Administration she served as one of the Governor’s top three advisors and oversaw the day-to-day administrative operations of the Governor’s Office. She provided the Governor with advice in many areas of state government but particularly in the areas of budget, personnel and technology. Commissioner Rabon was appointed by Governor Mike Easley and assumed the Commissionership on January 7, 2009. Her term as Commissioner ends on June 30, 2015. She is a member of the North Carolina State Bar and is a North Carolina Certified Mediator. She is an active volunteer in the schools and in other community affairs. She and her husband Tom have one son. in charge of the state’s homeland security coordination. He also served as director of the State Bureau of Investigation from October 1999 to January 2001. During his tenure at the Department of Justice, he also served as an SBI agent, an associate attorney general representing the UNC Hospital System, an assistant attorney general in the Motor Vehicles section, the state’s first inspector general, and deputy attorney general for policy and planning. Beatty is the immediate past chair of the State Emergency Response Commission and served on the N.C. Lottery Commission. He has also served as a member of the Governor’s Crime Commission, on the Board of Directors of the Criminal Justice Information Network, and as chair of the Governor’s Terrorism Preparedness Task Force. Beatty received the National Governors’ Association Award for Distinguished Service to State Government in August 2003 for his leadership in North Carolina’s terrorism preparedness efforts. In November 2002, he was honored by the University of North Carolina at Chapel Hill with the Harvey E. Beech Outstanding Alumni Award, established to recognize black alumni who are “stellar leaders within the University community or in his or her local community.” In 2005, Beatty received the Charles Dick Medal of Merit Award from the National Guard Association of the United States. Also, in 2005 he received the Distinguished Civilian Service Award from the State of North Carolina. In 2008, Governor Mike Easley awarded Beatty the Order of the Long Leaf Pine, the highest service award that can be given to a North Carolina citizen. Beatty and his wife Rhonda have three children, Bryan Jr., Nicole and Michael. ToNola D. Brown-Bland, Commissioner: Commissioner Brown-Bland was appointed to the North Carolina Utilities Commission by Governor Beverly Eaves Perdue for an unexpired term ending on June 30, 2009 and for a full term beginning on July 1, 2009 and ending on June 30, 2017. Born in Burlington, North Carolina, Commissioner Brown-Bland attended Eastern Alamance High School in Mebane, graduating as valedictorian of her class. She is a Phi Beta Kappa graduate of the University of North Carolina at Chapel Hill, and in 1987, she graduated from Duke University School of Law. Brown-Bland began her professional career as federal Law Clerk to the Susan Warren Rabon, Commissioner: Susan Rabon was born in Onslow County, North Carolina on May 6, 1960, and grew up in Danville, Virginia, where she graduated from George Washington High School in 1978. In 1982, she graduated from North Carolina State University with a B.A. summa cum laude, in Political Science. 5 Allen is active in many community, civic and public service roles. She has three sons: Sonny, Hill and Stuart; two daughters-in-law, Willa and Julie; three grandsons: Felix, Henry and Parker; and a dog named Hunter. Governor Beverly Perdue appointed Allen to the North Carolina Utilities Commission on April 12, 2010, to fill a term that expires on June 30, 2013. Honorable Alexander B. Denson, United States Magistrate Judge for the Eastern District of North Carolina, and in 1989, entered private practice in Greensboro, NC with the law firm Hill Evans Jordan Beatty (formerly Nicholas, Caffrey, Hill, Evans & Murrelle). In 1995, she became in-house attorney for AT&T Corp. (subsequently Lucent Technologies), where she was promoted to Senior Attorney and primarily supported the company’s federal contracting and related commercial technology licensing and business lines in Greensboro. She joined the North Carolina Department of the Secretary of State in 2001, serving as Director of the Business License Information Office and of the Charitable Solicitations Licensing Section. In December 2002, Brown-Bland became a member of the North Carolina Utilities Commission staff, where she was an attorney in the Administrative Division. Since 2005, she has been Associate General Counsel for the City of Greensboro. Brown-Bland has a history of community and civic service, having served on several boards including the Greensboro Bar Association, the Alamance County Historical Museum, and Western Piedmont Residential Services, a non-profit that provided residential service to autistic adults. She is presently a member of the Board of Trustees of her church. She and her husband, Andre, make their home in Alamance County. C. BIOGRAPHICAL EXECUTIVE DIRECTOR SKETCH OF Robert P. Gruber, Executive Director, Public Staff, Born April 22, 1943; B.A. University of North Carolina, 1965; J.D. University of North Carolina School of Law, 1968; private law practice in Raleigh, 19681973; Staff Attorney, North Carolina Department of Justice, 1973-1975; Special Deputy Attorney General, Utilities Section, 1975-1978; General Counsel, North Carolina Utilities Commission, 1978-1983; appointed Executive Director, Public Staff of the North Carolina Utilities Commission, July 1, 1983 for six-year term; reappointed July 1, 1989 for second six-year term, reappointed for third six-year term July 19, 1995, reappointed for a fourth six-year term on July 1, 2001, and reappointed for a fifth six-year term on July 1, 2007. Lucy T. Allen, Commissioner: Commissioner Allen was born in the Franklin County seat, Louisburg, North Carolina. She graduated from Meredith College with a B.A. in English and attended Duke University. She taught middle school language arts for six years. Subsequently, she served eight years on the Franklin County Board of Education and sixteen years as Mayor of Louisburg. She was elected to the North Carolina House of Representatives in 2002, the first of her four terms. 6 FIGURE NO. 1-1 COMMISSION STAFF-ORGANIZATION CHART January 1, 2010 Chair Administrative Secretary Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Administrative Secretary Administrative Secretary Administrative Secretary Administrative Secretary Administrative Secretary Administrative Secretary Operations Division Water, Sewer and Transportation Group Electric and Telecommunications Group Administrative Division Fiscal Management Division Natural Gas and Pipeline Safety Computer Support Attorneys Court Reporters Office of the Chief Clerk FIGURE NO. 1-1A LEADERSHIP OF STATE REGULATORY ACTIVITIES 1891-1933 1. 2. 3.* 4. 5. 6. 7. 8. 9. * 10. 11. 12. 13. 14. 15. James W. Wilson (1891-1896)** Railroad Commission of N. C. Thomas W. Mason (1891-1894) Railroad Commission of N. C. E. C. Beddingfield (1891-1896) Railroad Commission of N. C. S. Otho Wilson (1895-1896) Railroad Commission of N. C. L. C. Caldwell (1897-1898)** Railroad Commission of N. C. Jonathan H. Pearson (1897-1898) Railroad Commission of N. C. D. H. Abbott (1897-1903) Railroad Commission of N. C. Franklin McNeill (1899-1911)** N. C. Corporation Commission Sam L. Rogers (1899-1910) N. C. Corporation Commission E. C. Beddingfield (1904-1908) N. C. Corporation Commission Henry C. Brown (1910-1910) N. C. Corporation Commission William T. Lee (1911-1932)** N. C. Corporation Commission Edward L. Travis (1911-1916)** N. C. Corporation Commission George P. Pell (1912-1932) N. C. Corporation Commission A. J. Maxwell (1917-1928) N. C. Corporation Commission Stanley Winborne (1929-1932)** N. C. Corporation Commission (Mr. Winborne became Chairman of the N. C. Utilities Commission in 1933) Note: The Utilities Commission was known as the Railroad Commission of North Carolina from 1891-1898, the North Carolina Corporation Commission from 1899-1932, becoming the North Carolina Utilities Commission in 1933. See Section E (Historical Sketch of Development) for additional information. *Served at two separate times **Served part of Commissionership as Chairman 7 * * * * * * * * * * * * * * * * * * * * * * * FIGURE NO. 1-1B NORTH CAROLINA UTILITIES COMMISSION COMMISSIONERS LISTED IN ORDER OF APPOINTMENT APPROXIMATE YEARS OF SERVICE GIVEN IN PARENTHESES (PLEASE SEE NOTE) 1. Stanley Winborne (1933-1958)** 2. F. L. Seely (1933-1940) 3. Frank W. Hanft (1933-1940) 4. Fred C. Hunter (1941-1955) 5. Robert Grady Johnson (1941-1948) 6. Joshua S. James (1949-1953) 7. Edward R. McMahan (1949-1958) 8. Harry T. Westcott (1949-1972)** 9. Sam O. Worthington (1952-1966) 10. Ralph Moody (1955-1957) 11. R. Lee Whitmire (1957-1958) 12. Clarence H. Noah (1958-1966) 13. Richard G. Long (1958-1960) 14. Thomas R. Eller, Jr. (1958-1968) 15. R. Brookes Peters (1960-1966) 16. John Worth McDevitt (1966-1973) 17. M. Alexander Biggs, Jr. (1967-1969) 18. Clawson L. Williams, Jr. (1967-1970) 19. Marvin R. Wooten (1968-1976)** 20. Miles H. Rhyne (1970-1973) 21. Hugh A. Wells (1970-1974) 22. Ben E. Roney (1973-1979) 23. Tenney I. Deane, Jr. (1973-1977)** 24. George T. Clark, Jr. (1974-1976) 25. J. Ward Purrington (1975-1977) 26. W. Lester Teal, Jr. (1975-1977) 27. Barbara A. Simpson (1975-1977) 28. W. Scott Harvey (1976-1977) 29. Dr. Robert K. Koger (1977-1988)** 30. Dr. Leigh H. Hammond (1977-1984) 31. Sarah Lindsay Tate (1977-1993) 32. Dr. Robert Fischbach (1977-1979) 33. John W. Winters (1977-1983) 34. Edward B. Hipp (1977-1989) 35. A. Hartwell Campbell (1979-1986) 36. Douglas P. Leary (1980-1984) 37. Ruth E. Cook (1983-1991) 38. Charles E. Branford (1984-1985) 39. Hugh A. Crigler (1984-1985) 40. Julius A. Wright (1985-1993) 41. Robert O. Wells (1985-1993)** 42. William W. Redman, Jr. (1987-1995)** 43. Charles H. Hughes (1989-1997) 8 FIGURE NO. 1-1B CONTINUED NORTH CAROLINA UTILITIES COMMISSION COMMISSIONERS LISTED IN ORDER OF APPOINTMENT APPROXIMATE YEARS OF SERVICE GIVEN IN PARENTHESES (PLEASE SEE NOTE) 44. 45. 46. 47. 48. * 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. Laurence A. Cobb (1989-1997) Allyson K. Duncan (1991-1998) Judy F. Hunt (1993-2001) Ralph A. Hunt (1993-2001)** Dr. John E. Thomas (1993-1994)** Hugh A. Wells (1994-1996)** Jo Anne Sanford (1995-2005)** William R. Pittman (1997-2001) J. Richard Conder (1997-2005) Robert V. Owens, Jr. (1997) Dr. Robert K. Koger (1999-1999) Sam J. Ervin, IV (1999-2009)** Lorinzo L. Joyner (2001- )** James Y. Kerr, II (2001-2008)** Michael (Mike) S. Wilkins (2002-2005) Howard N. Lee (2005-2009) Dr. Robert K. Koger (2005-2005) William T. Culpepper, III (2006- ) Edward S. Finley, Jr. (2007- )** Bryan E. Beatty (2009- ) Susan Warren Rabon (2009- ) ToNola D. Brown-Bland (2009- ) * Deceased **Served part of Commissionership as Chairman NOTE: Appointments for Utilities Commissioners have never been on a calendar year basis; therefore, the years of service given in parentheses represent the (a) year in which the Commissioner was appointed, and (b) the year in which service ended. 9 D. PUBLIC STAFF AND ORGANIZATION CHART As of January 1, 2010, there were 89 funded positions, including the Executive Director, comprising the Public Staff of the North Carolina Utilities Commission. PUBLIC STAFF NORTH CAROLINA UTILITIES COMMISSION January 1, 2010 Executive Director Robert P. Gruber Administrative Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounting Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Communications Division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consumer Services Division. . . . . . . . . . . . . . . . . . . . . . . . .. . . . Economic Research Division . . . . . . . . . . . . . . . . . . . . . . . .. . . . Electric Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gas Division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal Division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transportation Rates Division . . . . . . . . . . . . . . . . . . . . . . .. . . . Water Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carl Goolsby Elise Cox John Garrison Carl Goolsby Thomas W. Farmer, Jr. James McLawhorn Jeffrey L. Davis Antoinette R. Wike Carol Stahl Ken Rudder FIGURE NO. 1-2 PUBLIC STAFF - ORGANIZATION CHART Executive Director Administrative Assistant Accounting Communications Consumer Services Natural Gas Transportation Water 10 Legal Economic Research Electric E. HISTORICAL DEVELOPMENT SKETCH OF (b) An Act to Repeal the Sunset Provision for the Utility Regulatory Fee Statute. Section 5, Chapter 787 of the 1989 Session Laws reads as rewritten: "This act shall become effective July 1, 1989, and shall apply to public utility North Carolina jurisdictional revenues earned on or after that date." This act was ratified and made effective on June 28, 1991. This act repealed the sunset provision of the regulatory fee originally scheduled to expire July 1, 1991. The present North Carolina Utilities Commission evolved from the Railroad Commission, which was created in 1891 by the General Assembly and was given authority to determine charges made for services rendered by railroads, steamboat, canal companies, and express and telegraph companies. The major changes occurring in the North Carolina regulatory field since 1891 are in chronological order in all copies of this publication prior to the 1998 volume which began with major changes since 1979. This volume will begin with major changes from 1990 through 2009. 1990--Major legislation regulation of utilities: affecting (c) Exemption of cellular telephone service. Chapter 82, Senate Bill 551, is an act to permit the Utilities Commission to exempt cellular telephone service from regulation under Chapter 62. Nothing in this section shall be construed to diminish any other authority granted the Commission in this Chapter. This act was ratified on May 13, 1991. the (a) Regulation of Natural Gas Service Agreements. Chapter 962, House Bill 2227, G. S. 62-36(b), allows the Commission to direct the franchised natural gas local distribution companies to negotiate in good faith to enter into lower cost service agreements with their customers, when it finds that additional natural gas service agreements with interstate or intrastate pipelines will provide increased competition in North Carolina's natural gas industry and will likely result in lower costs to consumers along with the reduction in risk of service interruptions. This bill was ratified and made effective on July 18, 1990. 1991--Major legislation regulation of utilities: affecting (d) On July 8, 1991, the North Carolina General Assembly ratified House Bill 1039 Chapter 568 which provided for "the construction of facilities in and the extension of natural gas service to unserved areas in order to promote the public welfare throughout the State and to that end to authorize the creation of an expansion fund for each natural gas local distribution company (LDC) to be administered under the supervision of the North Carolina Utilities Commission." The expansion fund is to be used by a Local Distribution Company to construct natural gas facilities in areas within the company's franchised territory that otherwise would not be feasible for the company to construct and the sources of the funding will be: 1. refunds to LDC's from the company's suppliers of natural gas and transportation service, 2. expansion surcharges by the LDC's charges to customers purchasing natural gas or transportation services, and 3. other sources approved by the Commission. the (a) Extended Expiration Date of Utility Fuel Charge Adjustment. Chapter 129, House Bill 407, G.S. 62-133.2 will be repealed effective July 1, 1997. On July 1, 1983, and every two years thereafter, the Utilities Commission shall provide a report to the Joint Legislative Utility Review Committee summarizing the procedures conducted pursuant to G.S. 62-133.2 during the preceding two years and recommending whether this section should be continued, repealed or amended. This act was ratified on May 27, 1991. (e) House Bill 83, Chapter 689, G. S. 62-302 (b)(2) percentage rate changed to 0.09% of each public utility’s North Carolina jurisdictional revenues earned during each quarter. This bill was ratified on July 13, 11 (b) On July 29,1995, the North Carolina General Assembly ratified House Bill 941 Chapter 523 to make certain changes in Chapter 62 to comply with the Federal preemptive legislation. This enactment of legislation necessitates the revision by the Commission of certain of its Rules and Regulations as set forth in Chapter 1. Practice and Procedure, Chapter 2. Motor Carriers, and Chapter 4. Filing of Transportation Tariffs. This matter was brought about due to the January 1, 1995, Federal legislation which preempted the intrastate regulation of prices, routes, and services for the transportation of all property except household goods and the transportation of passengers. 1991, and made effective July 1, 1991. 1992--Major legislation regulation of utilities: affecting the Public Utilities Regulatory Fee Rate Revised. Chapter 811, House Bill 945, reduced the percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) to 0.085% of each public utility's North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 1992. This bill was ratified on June 30, 1992, and made effective July 1, 1992. 1993--Major legislation regulation of utilities: affecting the 1996--Major legislation regulation of utilities: An Act to Exempt Campgrounds for Transients and Marinas, Which Resell Electricity From the Definition of a Public Utility. The term "Public Utility" shall not include electricity by campgrounds or marinas provided that they charge no more than the actual electricity supplied to it. The electricity used is measured by an individual metering device, with the rates prominently displayed and electricity sales are for occupants only. This bill was ratified and made effective on July 15, 1993. affecting the (a) Public Utilities Regulatory Fee Rate Remains Same. Chapter 670, House Bill 1345 set the percentage rate for the public utility regulatory fee at 0.10% of each public utility’s North Carolina jurisdictional revenues. This is the rate that was established in 1995. This bill was ratified on June 21, 1996. On July 29, 1995, HB 941 was ratified exempting mobile radio communication from public utility definition and from Commission jurisdiction. (b) Chapter 673, House Bill 1172 was enacted to transfer the Rail Safety Section from the Utilities Commission to the Department of Transportation and directed the Secretary of Transportation to study the need for continuation of the rail safety inspection program. This act was ratified on June 21, 1996 and became effective July 1, 1996. 1995--Major legislation regulation of utilities: 1997--Major legislation regulation of utilities: 1994--Major legislation regulation of utilities: affecting affecting the the affecting the (a) Senate Bill 727 was ratified on August 26, 1997. Part III. Public Utility Regulatory Fee sets the percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) as nine-hundredths percent (0.09%) of each public utility’s North Carolina jurisdictional revenues each quarter that begins on or after July 1, 1997. (a) Public Utilities Regulatory Fee Rate Revised. Chapter 178, House Bill 993, increased the percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) to 0.10% of each public utility’s North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 1995. This bill was ratified on June 5, 1995, and made effective July 1, 1995. 12 General Statutes Affecting Railroads, to Recodify Certain Railroad Statutes, and to Make Conforming Changes and Clarifying Changes. Ratified August 26, 1998. Approved September 4, 1998. (b) Senate Bill 38. An Act to Establish the Study Commission on the Future of Electric Service in North Carolina. The 23 member Study Commission on the Future of Electric Service in North Carolina was created. Ratified April 22, 1997. (d) Senate Bill 1354. An Act to Authorize the Issuance of General Obligation Bonds of the State Subject to a Vote of the Qualified Voters of the State, to Address Statewide Critical Infrastructure Needs By Providing Funds (1) for Grants and Loans to Local Government Units for Water Supply Treatment Works, and Water Conservation and Water Reuse Projects and (2) for Grants, Loans, or Other Financing to Public or Private Entities for Construction of Natural Gas Facilities. (b) Natural Gas Bonds. $200,000,000 to provide grants, loans, or other financing to natural gas local distribution companies, persons seeking natural gas distribution franchises, State or local government agencies, or other entities for construction of natural gas facilities. Ratified September 3, 1998. (c) House Bill 990. An Act to Exempt Certain Nonprofit and Consumer-Owned Water or Sewer Utilities and Certain Small Water or Sewer Utilities From Regulation by the Utilities Commission. Ratified August 19, 1997. (d) House Bill 994. An Act to Allow Pay Telephone Providers to Obtain Line Access From Competitive Local Providers of Telephone Service and to Eliminate the Statutory Requirement That Line Access Rates be Set on a Measured Rate Basis. Ratified on June 9, 1997. 1998--Major legislation regulation of utilities: affecting the (a) Senate Bill 1327. An Act to Preserve the Tax-Exempt Status for Piped Natural Gas Sold by Municipalities, to Make the Taxes on Other Sales of Piped Natural Gas More Uniform, to Adjust the Cities’ Distribution of the Tax Proceeds Until June 30, 2000, to Direct the Revenue Laws Study Committee to Determine the Impact of the Tax on the Distribution to Cities, and to Direct the Utilities Commission to Study the Issue of Transportation Rates. Section 15. The Utilities Commission shall study the transportation rates charged by the local distribution companies to transport piped natural gas from the interstate pipeline to the consumer. Ratified June 30, 1998. (e) Senate Bill 882. Section 126. G.S. 62-302(d) Unspecified Civil Penalty for Violating Safety Standards for Gas Pipeline Facilities. Maximum Amount of Penalty Not to Exceed the Maximum Amount if Penalty Had Been Imposed by Secretary of U.S. Department of Transportation Under 49 U.S.C. Approximately § 1679 (a) Forfeiture of $1,000 by Public Utilities for Providing Unauthorized Services or For Failure to Provide Services as Authorized. Ratified on October 22, 1998. Approved October 31, 1998. 1999--Major legislation regulation of utilities: (b) House Bill 1328. An Act to Provide That a Franchised Natural Gas Distribution Company That is Not Providing Service to at Least Some Portion of Camden, Currituck, Dare, or Tyrrell Counties by July 1, 1998, Shall Lose Its Exclusive Franchise Rights to the County Not Being Served. This act applies only to the above mentioned counties and was ratified on June 16, 1998. affecting the (a) Senate DRS8542*-LL056(2.16) An Act to Provide For Reimbursement of Additional Expenses of the Commission of the Future of Electric Service in North Carolina From the Utilities Commission and Public Staff Fund. Section 1. Section 10.1 of S.L. 1997-483 rewritten to add fiscal years 1997-98, 1998-99, and 1999-2000. This act became effective July 1, 1999. (c) House Bill 1094. An Act to Repeal Obsolete or Preempted Provisions of the 13 (e) House Bill 162. (Session Law 1999456) An Act to Make Technical Corrections and Conforming Changes to the General Statutes as Recommended by the General Statutes Commission; and to Make Various Other Changes to the General Statutes and Session Laws. Section 17. G.S. 62159(a) reads as rewritten: (“a)” In order to facilitate the construction of facilities in and the extension of natural gas service to unserved areas, the Commission may provide funding through appropriations from the General Assembly or the proceeds of general obligation bonds as provided in this section to enter (i) an existing natural gas local distribution company; (ii) a person awarded a new franchise; or (iii) a gas district for the construction of natural gas facilities that it otherwise would not be economically feasible for the company, person, or gas district to construct.” (b) Senate Bill 546. An Act to Authorize the Establishment of a Telecommunications Relay Service to Assist Deaf and Hearing Impaired Persons, Including Those Who Also Have Vision Impairment. Section 1. G.S. 62-157 was amended to include those who also have vision impairment. Ratified July 20, 1999. (c) House Bill 1289. Section 1. The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) is nine-hundredths percent (0.09%) of each public utility’s North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 1999. Section 2. The annual fee imposed on the North Carolina Electric Membership Corporation under G.S. 62302(b1), S.L. 1999-180, for the 1999-2000 fiscal year is two hundred thousand dollars ($200,000). Ratified July 20, 1999. Approved August 5, 1999. (f) Section 18. G.S. 62A-25(d) reads as rewritten: “(d) In no event shall any invoice for reimbursement be approved for payment of costs of any CMRS provider exceeding one hundred twenty-five percent (125%) of the service charges remitted by such CMRS provider unless prior approval of such expenditures is received from the Board. If the total amount of invoices submitted to the Board and approved for payment exceeds the amount in the Wireless Fund in any month, CMRS providers that have invoices approved for payment shall receive a pro rata share of the Wireless Fund, based on the relative amount of their approved invoices available that month, and the balance of the payments will be carried over to the following month or months and shall include interest at a rate equal to the rate earned by the Wireless Fund until all of the approved payments are made.” Ratified July 21, 1999. Approved August 13, 1999. (d) House Bill 613. Part VI.----Future of Electric Service Funding Continuation (H.B. 777-McComas; S.B. 266-Hoyle) Section 6.1. Section10.1 of S.L. 1997-483 reads as rewritten: Notwithstanding G.S. 62-302(d), all expenses during the 1997-98, 1998-99, and 1999-2000 fiscal years of the Study Commission on the Future of Electric Service in North Carolina, established in S.L. 1997-40, shall be reimbursed from funds in the Utilities Commission and Public Staff Fund. There is allocated initially one hundred thousand dollars ($100,000) from the Utilities Commission and Public Staff Fund to the General Assembly for the purpose of enabling the Study Commission on the Future of Electric Service in North Carolina to organize and begin its work. Under the certification of the need for additional funds by the co-chairs of the Study Commission on the Future of Electric Service in North Carolina for the works of the Commission, the Utilities Commission shall transfer the additional funds from the Utilities Commission and Public Staff Fund to the General Assembly for that purpose. Effective June 30, 1999. Ratified July 21, 1999. 2000 - Major legislation affecting the regulation of utilities: House Bill 1493 (Session Law 2000-161) An Act to Provide Consumers With Control Over Telephone Solicitation Calls to Their Homes. Ratified July 10, 2000. Approved August 2, 2000. 14 2001 - Major legislation affecting the regulation of utilities: Telecommunications Services. May 19, 2003. Ratified House Bill 232. (Session Law 2001-427) Regulatory Fee for Utilities Commission Section 1.(a) The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-62-302(b)(2) is one-tenth percent (0.1%) for each public utility’s North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 2001. Section 2.(b) The electric membership corporation regulatory fee imposed under G.S. 62302(b1) for the 2001-2002 fiscal year is two hundred thousand dollars ($200,000). Section 2.(c) This section becomes effective July 1, 2001. Ratified September 20, 2001. (c) Senate Bill 939. An Act to Extend the Surcharge for the Telecommunications Relay Service to Include Wireless Communications. Ratified July 10, 2003; Effective January 1, 2004. 2002 - Major legislation affecting the regulation of utilities: 2004 – Major legislation affecting the regulation of utilities: (a) Senate Bill 641. (Session Law 200214) An Act Authorizing the North Carolina Utilities Commission to Adopt Rules to Expand the Definition of Universal Service to Include Statewide Internet Access and Other Technological Telecommunications Advances. Ratified July 8, 2002. (a) House Bill 1430. Section 1.4. Part 2. Regulatory Fee for Utilities Commission Section 2.1. The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) is twelve hundredths of one percent (0.12%) for each public utility’s North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 2004. Section 2.2. The electric membership corporation regulation fee imposed under G.S. 62-302(b1) for the 2004-2005 fiscal year is two hundred thousand dollars ($200,000). (d) House Bill 397. Regulatory Fee for Utilities Commission. Section 32.1(a) The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) is twelve hundredths of a percent (0.12%) for each public utility’s North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 2003. (b) Senate Bill 1078. (Session Law 2002-4) an Act to Improve Air Quality in the State by Imposing Limits on the Emission of Certain Pollutants From Certain Facilities That Burn Coal to Generate Electricity and to Provide for Recovery by Electric Utilities of the Costs of Achieving Compliance With Those Limits. Ratified June 19, 2002. 2005 – Major legislation affecting the regulation of utilities: 2003 - Major legislation affecting the regulation of utilities: (a) Senate Bill 494 An Act to Encourage Deployment of Competitive Broadband Service by Public Utilities. Ratified June 13, 2005. (a) House Bill 913 (Session Law 200399) An Act Authorizing the North Carolina Utilities Commission to Determine a Time in Which Final Rules Concerning the Designation of a Universal Service Provider for Telephone Service Shall Be Adopted. Ratified May 22, 2003. (b) Senate Joint Resolution 426. A Joint Resolution Providing for the Confirmation of the Appointment of Howard N. Lee to the Utilities Commission. Ratified March 24, 2005. (b) Senate Bill 814 (Session law 200391) An Act to Clarify the Law Regarding Competitive and Deregulated Offerings of (c) House Bill 1163 An Act to Provide That Provisions in Motor Carrier Freight 15 Transportation Contracts That Hold Harmless the Shipper for the Shipper’s Negligence or Intentional Acts are Void. Ratified July 5, 2005. Effective October 1, 2005. 2007 – Major legislation affecting the regulation of utilities: Senate Bill 680. Session Law 2007-157. Section 1. G.S. 62-133.5. An Act to Streamline Regulation of Telecommunications Promotions. Ratified June 25, 2007. Approved June 29, 2007. (d) Senate Bill 622 An Act to Make Base Budget Appropriations for Current Operations of State Departments, Institutions, and Agencies, and for Other Purposes. Regulatory Fee for Utilities Commission Section 40.2.(a) The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) is twelve-hundredths of one percent (0.12%) for each public utility’s North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 2005. House Bill 1473. Session Law 2007-323. Set Regulatory Fee for Utilities Commission Section 31.13.(a) The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) is twelve one-hundredths of one percent (0.12%) for each public utility’s North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 2007. Section 40.2.(b) The electric membership corporation regulatory fee imposed under G.S. 62-302(b1) for the 2005-2006 fiscal year is two hundred thousand dollars ($200,000). Section 31.13.(b) The electric membership corporation regulatory fee imposed under G.S. 62-302(b1) for the 2007-2008 fiscal year is two hundred thousand dollars ($200,000). Ratified July 30, 2007. Approved July 31, 2007. Section 40.2.(c) This section becomes effective July 1, 2005. Senate Bill 3. Session Law 2007-397. An Act To: (1) Promote the Development of Renewable Energy and Energy Efficiency in the State Through Implementations of a Renewable Energy and Energy Efficiency Portfolio Standard (REPS), (2) Allow Recovery of Certain Nonfuel Utility Costs Through the Fuel Charge Adjustment Procedure, (3) Provide for Ongoing Review of Construction Costs and for Recovery of Costs in Rates in a General Rate Case, (4) Adjust the Public Utility and Electric Membership Corporation Regulatory Fees, (5) Provide for the Phaseout of the Tax on the Sale of Energy to North Carolina Farmers and Manufacturers, and (6) Allow a Tax Credit to Contributors to 501(C)(3) Organizations for Renewable Energy Property. 2006 – Major legislation affecting the regulation of utilities: Senate Bill 1741. Section 29.3. Set the annual salaries, payable monthly, for the 2006-2007 fiscal year for the certain executive branch officials including the Chairman of the Utilities Commission and Members of the Utilities Commission. Section 26.1.(a) The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) is twelve-hundredths of one percent (0.12%) for each public utility’s North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 2006. Section 26.1.(b) The electric membership corporation regulatory fee imposed under G.S. 62-302(b1) for the 2006-2007 fiscal year is two hundred thousand dollars ($200,000). Effective July 1, 2006. Ratified July 6, 2006. Approved July 10, 2006. 2008 – Major legislation affecting the regulation of utilities: House Bill 2415. Set Regulatory Fees for 2008. Provides that the percentage rate to be used in calculating the public utility 16 return regulation or subject to another form of regulation authorized under this section and whose territory is open to competition from competing local providers may elect to have its rates, terms, and conditions for its services determined pursuant to the plan described in this subsection by filing notice of its intent to do so with the Commission. The election is effective immediately upon filing. A local exchange company shall not be permitted to make the election under this section unless it commits to provide standalone basic residential lines to rural customers at rates comparable to those rates charged to urban customers for the same service. Ratified June 22, 2009. regulatory fee under G.S. 62-302(b)(2) is 0.12% for each public utility’s North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 2008. Provides that electric membership corporation regulatory fee under G.S. 62302(b1) is $200,000 for fiscal 2008-2009. Effective July 1, 2008. 2009 – Major legislation affecting the regulation of utilities: Senate Bill 661, Session Law 2009-279 An Act Authorizing Lessors Of Contiguous Premises To Allocate The Cost For Water And Sewer Service To Each Tenant Using Equipment That Measures Hot Water Usage, Requiring Landlords To Improve The Habitability Of Dwelling Units By Repairing Certain Unsafe Conditions, Staying The Execution Of A Judgment For Summary Ejectment While A Motion For Modification Of The Undertaking Is Pending, Establishing Fees For Administrative Services In Residential Tenancies, And Establishing The Circumstances Under Which A City May Order A Dwelling To Be Vacated And Closed. Effective October 1, 2009. Ratified July 1, 2009. House Bill 1330, Session Law 2009-302 An Act Prohibiting Public Utilities, Electric Membership Corporations, Telephone Membership Corporations, And Cities And Counties That Operate Public Enterprises From Using Certain Debt Collection Practices That Result In A Customer Being Liable For The Past Due And Unpaid Debts Of Another Person. Ratified July 7, 2009. Senate Bill 202, Session Law 2009-451— An Act To Make Base Budget Appropriations For Current Operations Of State Departments, Institutions, And Agencies, And For Other Purposes. Senate Bill 889, Session Law 2009-202 An Act Further Authorizing The Utilities Commission To Determine The Universal Service Provider In Certain Subdivisions And Areas. Ratified June 17, 2009. Section 9.14.(c) The North Carolina Utilities Commission is directed to facilitate and expedite wind energy pilot projects developed pursuant to this act that come within its jurisdiction to the extent allowed by law and consistent with State statute. Ratified August 7, 2009. House Bill 135, Session Law 2009-80 An Act Permitting Certain Broadband Service Providers That Provide Voice Grade Communications Services Within A Defined Service Territory Or Franchise Area To Offer Such Voice Grade Service As An Incident To Broadband Service In Areas Contiguous To The Providers’ Service Territory Or Franchise Area. Ratified June 2, 2009. Section 14.26.(a) Set Regulatory Fee for Utilities Commission. The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) is twelve one-hundredths of one percent (0.12%) for each public utility’s North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 2009. Ratified August 7, 2009. House Bill 1180, Session Law 2009-238 An Act Establishing The Consumer Choice And Investment Act of 2009. Section 1. G.S. 62-133.5 is amended by adding a new subsection to read: “(h) Notwithstanding any other provision of this Chapter, a local exchange company that is subject to rate of Section 14.26.(b) The electric membership corporation regulatory fee imposed under G.S. 62-302(b1) for the 2009-2010 fiscal 17 year is two hundred thousand dollars ($200,000). Ratified August 7, 2009. Section 14.19.e1) Notwithstanding any other provision of law, beginning in the 2009-2010 fiscal year, the cash balances remaining in the following Fund codes on June 30 of each fiscal year that is greater than twenty percent (20%) of the operating budget for each Fund shall revert to the General Fund:…(4) 54600-5211 Utilities— Commission Staff; (5) 54600-5217 Utilities—Gas Pipeline Safety; (6) 546005221 Utilities—Public Staff. Ratified August 7, 2009. Senate Bill 1004, Session Law 2009-390 An Act To Provide For Retention Of Fuel And Fuel-Related Cost Savings Associated With The Purchase Or Construction Of A Carbon Offset Facility, To Bring Certain Dams Used In Connection With Electric Generating Facilities Under The Dam Safety Act, And to Make Other Changes To Laws Governing The Generation Of Electricity. House Bill 1481, Session Law 2009-446 An Act To Transfer The State Energy Office From The Department Of Administration To The Department Of Commerce, To Transfer The Residential Energy Conservation Assistance Program From the Department Of Health And Human Services To the Energy Office Of The Department Of Commerce, And To Make Various Changes To The Energy Policy Act of 1975. Section 10. The Secretary of Commerce and the Chair of the Utilities Commission shall jointly prepare a report examining the respective duties and functions of the Utilities Commission and the Energy Policy Council and shall recommend changes to address any duplicative activities and responsibilities. This report shall be submitted to the Governor no later than January 31, 2010. Ratified on July 28, 2009. 18 FIGURE NO. 1-3 NORTH CAROLINA UTILITIES COMMISSION RECEIPTS AND EXPENDITURES Fiscal Year ending June 30, 2009 Source Commission Staff Public Staff Fees Collected by the Commission: Regulatory Fee Interest Fines and Penalties Office of Chief Clerk: Duplicating Services Filing Fees Publication Sales Miscellaneous Revenues Sell of Surplus Property Reimbursement of Contractual Expenses Federal Funds: US Gas Safety Program TOTAL RECEIPTS Expenditures: Salaries and Wages Fringe Benefits Legal & Consulting Fees Contractual Services Repairs of Building & Equipment Service & Maintenance Contracts Rent - Building, Offices & Equipment Travel Registration Fees Telephone, Postage, Printing & Copying Data Processing Service Insurance Employee Educational Expenses Materials and Supplies Office Furniture, Equipment Data Processing Equipment & Software Library Resources Dues & Subscriptions Other Services and Expenses Indirect Cost/Agency Administration Fees Intragovernmental Transfer of Fines Collecte TOTAL EXPENDITURES FUNDED POSITIONS 716,039 0 13,964,181 463,100 716,039 16,424 38,786 495 728 227 95,356 108 0 0 0 0 0 16,532 38,786 495 728 227 95,356 224,723 0 224,723 $1,092,778 $108 $15,520,167 $4,310,809 923,078 79,441 14,589 3,272 53,526 310,479 130,710 13,315 79,482 4,954 498 4,400 24,606 10,961 32,726 31,250 94,057 4,117 126,176 703,319 $6,016,999 1,242,377 0 102,584 489 575 259,260 36,532 19,837 59,027 3,358 515 2,484 12,299 9,454 44,439 17,613 17,450 474 141,485 0 $10,327,808 2,165,455 79,441 117,173 3,761 54,101 569,739 167,242 33,152 138,509 8,312 1,013 6,884 36,905 20,415 77,165 48,863 111,507 4,591 267,661 703,319 $6,955,765 $7,987,251 $14,943,016 64 19 Total 89 153 II. SELECTED COMMISSION ACTIVITIES THROUGH DECEMBER 2009 A. GENERAL B. ELECTRIC Public Involvement The History of Integrated Resource Planning (IRP) The Commission continued to make all activities open for participation by the public and other interested parties. The table below shows the number of formal hearings held in Raleigh and in the service areas of the utilities involved; many of these hearings were held in the evening to accommodate those who could not attend daytime hearings. Total Formal Hearings Held Number of Hearings Held Away From Raleigh, in Utility Service Areas Percent of Total Hearings Held Away From Raleigh Integrated resource planning is an overall planning strategy which examines conservation, load management, and other demand-side measures in addition to the use of utility-owned generating plants, non-utility generations, and other supply-side resources in order to determine the least cost way of providing electric service. The primary purpose of integrated resource planning is to integrate both demand-side and supply-wide resource planning into one comprehensive procedure that weighs the costs and benefits of all reasonably available options in order to identify those options which are most cost-effective for the ratepayers consistent with the obligation to provide adequate, reliable service. By Commission Order dated December 8, 1988, in Docket No. E-100, Sub 54, Commission Rules R8-56 through R8-61 were adopted to define the framework within which integrated resource planning takes place. Those rules incorporated the analysis of probable electric load growth with the development of a long-range plan for ensuring the availability of adequate electric generating capacity in North Carolina as required by G.S. 62-110.1(c). The initial IRPs were filed with the Commission in April 1989. In May of 1990, the Commission issued an Order in which it found that the initial IRPs of Progress, Duke, and NC Power were reasonable for purposes of that proceeding and that NCEMC should be required to participate in all future IRP proceedings. By an Order issued in December 1992, Rule R8-62 was added. It covers the construction of electric transmission lines. The Commission subsequently conducted a second and third full analysis and investigation of utility IRP matters, resulting in the issuance of Orders Adopting Least Cost Integrated Resource Plans on June 29, 1993, and on February 20, 1996. A subsequent round of comments included general endorsement of a proposal that the two/three year IRP filing cycle, plus annual updates and short-term action plans, be replaced by a single annual filing. There was also general support Year Ended December 31 2006 2007 2008 2009 67 15 22% 71 102 52 27 40 18 38% 40% 29% The primary reason for holding hearings in the service areas of the utilities involved in the hearings is to make it easier for the local consumers and general public to attend and to offer testimony if they so choose. Attendance at such hearings provides a broader knowledge of the scope and complexities of issues which the Commission, the Public Staff, and all other participants must deal with. Advance public notice is given for all hearings of general interest and especially rate case hearings. News releases are made of important Commission decisions and activities. All Commission weekly conferences (Monday mornings generally) are open to the public as a spectator or participant and events are now posted to the Commission’s web site. For a summary of Commission filings and orders for 2009 see Figure No. 2-3. 21 Further orders required that IRP filings include a discussion of the adequacy of the respective utility’s transmission system and information concerning levelized costs for various conventional, demonstrated, and emerging generation technologies. The 2005 IRP proceeding saw a marked increase in public interest regarding issues of energy efficiency and conservation. The Commission scheduled three public hearings in different locations throughout the state, which were well attended. Over 100 individuals testified or submitted written statements for inclusion in the record. A Commission Order issued on October 19, 2006, in Docket No. E-100, Sub 111, opened a rulemaking proceeding to consider revisions to the IRP process as provided for in Commission Rule R8-60. On May 24, 2007, the Public Staff filed a Motion for Adoption of Proposed Revised Integrated Resource Planning Rules setting forth a proposed Rule R8-60 as agreed to by the various parties in that docket. The Public Staff asserted that the proposed rule addressed many of the concerns about the IRP process that were raised in the 2005 IRP proceeding and balanced the interest of the utilities, the environmental intervenors, the industrial intervenors, and the ratepayers. Without detailing all of the changes recommended in its filing, the Public Staff noted that the proposed rule expressly required the utilities to assess on an ongoing basis both the potential benefits of reasonably available supply-side energy resource options, as well as programs to promote demand-side management. The proposed rule also substantially increased both the level of detail and the amount of information required from the utilities regarding those assessments. Additionally, the proposed rule extended the planning horizon from 10 to 15 years, so the need for additional generation would be identified sooner. The information required by the proposed rule would also indicate the projected effects of demand response and energy efficiency programs and activities on forecasted annual energy and peak loads for the 15-year period. The Public Staff also noted that the proposed rule provided for a biennial, as opposed to annual or triennial, filing of IRP reports with an annual update of forecasts, revisions, and amendments to the biennial report. The Public Staff further noted that for a shorter planning horizon than the fifteen years required at that time. In April 1998, the Commission issued an Order in which it repealed Rules R8-56 through R8-59 and revised Rules R8-60 through R8-62. The new rules shortened the reported planning horizon from 15 to ten years and streamlined the IRP review process while retaining the requirement that each utility file an annual plan in sufficient detail to allow the Commission to continue to meet its statutory responsibilities under G.S. 62-110.1(c) and G.S. 62-2(3a). These revised rules allowed the Public Staff or any other intervenor to file a report, evaluation, or comments concerning any utility’s annual report within 90 days after the utility filing. The new rules further allowed for the filing of reply comments 14 days after any initial comments had been filed and required that one or more public hearings be held. An evidentiary hearing to address issues raised by the Public Staff or other intervenors could be scheduled at the discretion of the Commission. In September 1998, the first IRP filings were made under the revised rules. The Commission concluded as a part of its Order ruling on these filings that the reserve margins forecast by Progress, Duke and NC Power indicated a much greater reliance upon offsystem purchases and interconnections with neighboring systems to meet unforeseen contingencies than had been the case in the past. The Commission stated that it would closely monitor this issue in future IRP reviews. In June 2000, the Commission stated in response to the IOUs’ 1999 IRP filings that it did not believe that it was appropriate to mandate the use of any particular reserve margin for any jurisdictional electric utility at that time. The Commission concluded that it would be more prudent to monitor the situation closely, to allow all parties the opportunity to address this issue in future filings with the Commission, and to consider this matter further in subsequent integrated resource planning proceedings. The Commission did, however, want the record to clearly indicate its belief that providing adequate service is a fundamental obligation imposed upon all jurisdictional electric utilities, that it would be actively monitoring the adequacy of existing electric utility reserve margins, and that it would take appropriate action in the event that any reliability problems developed. 22 relationships will continue into the future, and that historical correlations give meaningful clues to future usage patterns. As a result, any shift in such correlations or relationships can introduce significant error into the forecast. Progress, Duke, and NC Power each utilize generally accepted forecasting procedures. Although their respective forecasting models are different, the econometric techniques employed by each utility are widely used for projecting future trends. Each of the models requires the analysis of large amounts of data, the selection of a broad range of demographic and economic variables, and the use of advanced statistical techniques. With the inception of integrated resource planning, North Carolina’s electric utilities have attempted to enhance forecasting accuracy by performing end-use forecasts. While this approach also relies on historical information, it includes information relating to specific electrical usage and consumption patterns in addition to general economic relationships. North Carolina utility forecasts of future peak demand growth rates are about the same as forecasts for the nation as a whole. The 2008-2018 Reliability Assessment by the North Carolina Electric Reliability Corporation (NERC) indicates that the national forecast of average annual growth in summer peak demand for the period is 1.7%. This number is higher than the 0.2% shown on NERC’s prior year report. adoption of the proposed Rule R8-60 would necessitate revisions to Rule R8-61(b) to reflect the change in the frequency of the filing of the IRP reports. With the addition of certain additional provisions and understandings, the Commission ordered that revised Rules R8-60 and R8-61(b), attached to its Order as Appendix A, should become effective as of the date of its Order, which was entered on July 11, 2007. However, since the utilities might not have been able to comply with the new requirements set out in revised Rule R8-60 in their 2007 IRP filings, revised Rule R8-60 was ordered to be applied for the first time to the 2008 IRP proceedings in Docket No. E-100, Sub 118. These new rules were further refined in Docket No. E-100, Sub 113 to address the implementation of Senate Bill 3 requirements. Using the new format described above, biennial reports on the 2008 IRPs (2008 biennial reports) were filed by Progress, Duke, NC Power, NCEMC and the four independent EMCs, i.e., Piedmont EMC (Piedmont), Blue Ridge EMC (Blue Ridge), Rutherford EMC (Rutherford), and Energy United EMC (Energy United). REPS compliance plans, which are now required as part of the IRP process, were filed by Progress, Duke, NC Power, GreenCo Solutions, Inc. (GreenCo), Halifax EMC (Halifax), and Energy United. Based on the fact that the 2009 update reports had been filed, revising much of the data contained in the 2008 biennial reports, the Commission issued an Order on October 19, 2009, consolidating the 2008 and 2009 IRP dockets for purposes of decision and scheduling an evidentiary hearing for March 16, 2010 to consider the 2009 IRPs and REPS compliance plans filed by Progress, Duke, and NC Power. More detailed information on this hearing can be found in the Annual Report of the North Carolina Utilities Commission Regarding Long Range Needs for Expansion of Electric Generation Facilities for Service in North Carolina dated December 15, 2009, published on the Commission’s web page. C. CONSUMER POCKETBOOK ISSUES 1. General Rate Case Decisions 2001 – 2009 A summary of the Commission decisions in general rate cases for the years 2001 through December 31, 2009, for the electric, gas, and telephone groups shows that –47.5% of the amount requested has been granted. Broken down by industry, the amounts granted were electric—decrease of $233,000,000; gas—38.3%; and telephone— 0.0%. See Figure No. 2-2 for yearly totals and the progression of amounts requested and granted during this period. Many factors such as interest rates, quality of service, cost of fuel, availability of gas supplies, future demands for utility service and utility managerial efficiency contribute to the final decisions reached by Commissioners in general rate case decisions. All of these factors Load Forecasts and Peak Demand Forecasting electric load growth into the future is, at best, an imprecise undertaking. Virtually all forecasting tools commonly used today assume that certain historical trends or 23 are thoroughly investigated and evaluated by the Public Staff and the Commission for each rate case and then presented to the Commission for consideration as to treatment of the case. Additionally, the Company and intervenors representing various groups and viewpoints offer expert testimony and their counsel engages in extensive cross examination of all pertinent testimony presented during the hearings. Some facts; however, lie beyond the control of the Commission and can account for even larger increases than the rate cases themselves. Cost of gas to the gas companies from the State’s only major supplier, Trancontinental Gas Pipeline Corporation (TRANSCO) requires an adjustment to consumers’ gas rates, but this type of adjustment is made through a staff conference rather than through a general rate case. Fuel consumed for the generation of electricity was adjusted at intervals through regular open conference and modified several times over the years until the current procedure of annual filings for rate adjustments for fuel cost was adopted on May 1, 1984. For both gas companies and electric companies, the price, or cost adjustment to the ultimate consumer is not necessarily the result of just general rate cases. In fact, these cost adjustments can have as much or an even greater effect on the cost of services to the ultimate consumer than any other aspect of the industry. D. REGULATORY FEES On August 12, 1989, the General Assembly ratified Senate Bill 1320 entitled "An Act to Establish Regulatory Fees for Public Utilities to Defray the Cost to the Utilities Commission and the Public Staff of Regulating Public Utilities in the Interest of the Public." Senate Bill 1320 amended Article 14 of Chapter 62 of the General Statutes by adding a new Section, G.S. 62-302, entitled "Regulatory Fee." This act became effective on July 1, 1989, and applies to North Carolina jurisdictional revenues earned by public utilities on and after that date. The percentage rate may not exceed the amount necessary to generate funds sufficient to defray the estimated cost of the operations of the Commission and the Public Staff for a period of one fiscal year. The total fee imposed on the public utilities may not exceed 0.25%. The fee is imposed on a quarterly basis and is due approximately 45 days after the end of each calendar quarter. As of December 31, 2009, the total amount of regulatory fee collected was $206,152,301.13. The fee rate for the fiscal year 2008-2009 was .0012% and remained the same for the fiscal year 20092010. 2. N. C. Utility Rates vs. Consumer Price Index (CPI) The Consumer Price Index for All Urban Consumers (CPI-U) reflects the average change in the retail prices of a fairly broad but select "market basket" of consumer goods and services. It has been the most popular index because it is reported monthly as opposed to the quarterly publication of the Gross National Product Deflator, and it is not revised after its initial publication. The CPI-U increased 1.38% from 621.1 in 2007 to 629.7 in 2008. Figure No. 2-1 shows the electric, gas, and telephone utility costs compared to the CPI-U for the years of 1987 through 1997 and 1998 to 2008. 24 FIGURE NO. 2-1 North Carolina Utility Rates vs. Consumer Price Index (CPI) Average Monthly Telephone Bill For Local Service (All Customers) ($) Year Ended December 31 Average Residential Electric Rates Per kWh (Cents) Average Residential Gas Rates Per Dekatherm ($) 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 7.31 7.30 7.41 7.55 7.58 7.71 7.74 7.58 7.61 7.55 7.61 $6.54 $6.14 $6.41 $6.00 $6.08 $6.32 $6.80 $7.10 $6.77 $7.35 $8.71 $21.94 $21.06 $21.61 $22.61 $23.00 $23.83 $23.40 $23.10 $24.35 $25.81 $29.01 340.4 354.3 371.3 386.1 408.0 420.3 432.7 444.0 456.5 469.9 480.9 1987-1997 % Change 4.10% 33.18% 32.22% 41.27% 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 7.62 7.61 7.61 7.74 7.77 7.88 7.98 8.13 8.42 8.72 8.79 $8.48 $8.07 $9.23 $11.86 $8.93 $10.96 $12.21 $15.09 $16.06 $15.07 $15.96 $29.76 $31.19 $32.29 $33.37 $32.50 $30.94 $33.10 $33.09 $29.59 $30.54 $34.03 488.3 496.9 515.6 530.4 538.8 551.1 565.8 585.0 603.9 621.1 629.7 2007-2008 % Change 0.80% 11.43% 1.38% 5.91% 25 Consumer Price Index All Urban Customers FIGURE NO. 2-2 ELECTRIC, GAS, AND TELEPHONE GENERAL RATE CASE DATA AMOUNTS REQUESTED AND GRANTED (000'S) FOR THE CALENDAR YEARS 2001-2009 Thousands ELECTRIC $200 $150 $100 $50 $0 ($50) ($100) ($150) ($200) ($250) ($300) 2001 2002 2003 2004 2005 GAS 2006 2007 2008 2009 $65,000 $60,000 $55,000 $50,000 $45,000 $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $0 4,000 2,000 0 2001 Requested TELEPHONE Granted 2002 2003 2004 2005 Requested 2006 2007 2008 2009 Approved 2001 2002 2003 2004 2005 2006 Requested $ Amount $ Amount Electric Cases Requested Granted % Granted 2001 0 0 0.0 2002 0 0 0.0 2003 0 0 0.0 2004 0 0 0.0 2005 0 0 0.0 2006 0 0 0.0 2007 140,239 -233,000 0.0 2008 0 0 0.0 0.0 2009 0 0 Total 140,239 -233,000 0.0 $ Amount Gas Cases Requested 2001 0 2002 28,182 2003 46,899 2004 0 2005 36,900 2006 20,902 2007 0 2008 60,958 2009 0 Total 193,841 $ Amount Granted % Granted 0 0.0 13,889 49.3 21,008 44.8 0 0.0 8,522 23.1 5,968 28.6 0 0.0 24,805 40.7 0 0.0 74,192 38.3 $ Amount $ Amount Telephone Cases Requested Granted % Granted 2001 0 0 0.0 2002 0 0 0.0 2003 0 0 0.0 2004 0 0 0.0 2005 0 0 0.0 2006 0 0 0.0 2007 0 0 0.0 2008 0 0 0.0 0.0 2009 0 0 Total 0 0 0.0 $ Amount Total Cases Requested 2001 0 2002 28,182 2003 46,899 2004 0 2005 36,900 2006 20,902 2007 140,239 2008 60,958 2009 0 Total 334,080 $ Amount Granted % Granted 0 0.0 13,889 49.3 21,008 44.8 0 0.0 8,522 23.1 5,968 28.6 -233,000 0.0 24,805 40.7 0 0.0 -158,808 -47.5 26 2007 2008 Approved 2009 FIGURE NO. 2-3 FILINGS AND ORDERS BY INDUSTRY GROUP Calendar Year 2009 Industry Filings Electric Telephone Natural Gas Water/Wastewater Household Goods Movers Payphone Service Providers Other (Bus/Broker, Electric Merchant Plant, EMC, Ferry, Small Power Producer, & Misc.) Total 27 Orders 1,695 5,186 486 880 72 26 430 368 96 243 61 25 1,691 943 10,036 2,166 III. SUMMARY OF THE COMMISSION ACTIVITIES AND OPERATIONS – 2009 And Prior Years The number of pages transcribed by the court reporters for the years 1990 through 2009 are as follows: No. of Pages Transcribed By Commission Outside Year Reporters Reporters 1990 18,803 1,216 1991 22,719 2,268 1992 15,589 198 1993 18,534 0 1994 17,317 0 1995 15,578 0 1996 12,222 6,555 1997 11,998 1,275 1998 13,566 2,855 1999 12,829 1,823 2000 11,858 0 2001 7,362 4,673 2002 7,214 370 2003 7,584 548 2004 7,020 922 2005 5,525 2,151 2006 3,658 1,870 2007 3,609 2,384 2008 4,662 3,265 2009 3,494 814 The number of full-time court reporters varies. The Commission currently has two court reporters on its staff. A. OVERVIEW OF SIZE, OPERATING RESULTS, AND NUMBER OF COMPANIES REGULATED At December 31, 2009, there were 2,065 companies regulated by the North Carolina Utilities Commission. In addition, 79 municipal utility systems, while not regulated by the Commission, were required to file annual reports, making a grand total of 2,144 utilities regulated or required to file annual reports as of December 31, 2009. Many changes take place annually in various utility groups since new companies are being certified and others are being deleted because of sales, mergers, cancellations, deregulation, and abandonments. See Figure No. 3-2. Figure No. 3-1 shows changes from 2007 to 2008 in the major regulated electric, gas, and telephone companies’ plant investment, total capitalization, and total customers served or access lines in service. B. COMMISSION CASE LOAD: AND INFORMAL HEARINGS FORMAL In addition to the multiplicity of decisions made informally by the Commission in conferences with its staff and interested parties, the Commission maintains a full docket of formal and semiformal hearings and conferences. There are many small complaints and inquiries disposed of daily by individual Commissioners and individual staff heads (both Commission and Public Staff). These complaints are handled through discussions with utility customers, executives, representatives, organizations, and associations. During 2009 there were 52 formal hearings. Of the 52 formal hearings, 18 were held out of town and 27 of these were held at night. The proceedings required extensive time and effort by personnel of both the Commission and Public Staff and even more time in actual public hearings. The Commission received 10,036 filings and issued 2,166 orders in 2009. Commission hearings continued to generate keen public interest in 2009. The Attorney General represented some segments of the public sector who wished to intervene, while others provided their own legal counsel. In addition, the Public Staff intervened in most cases and made their recommendations to the Commissioners. Complaint Activity Another important facet of the Commission and Public Staff workload involves the handling of customer complaints dealing with all aspects of utility operations and services. The vast majority of these complaints are settled without becoming a docketed item and going into formal hearing proceedings. The Public Staff's Consumer Services Division investigated and resolved a majority of these 29 complaints. To illustrate the magnitude of this phase of the Utilities Commission workload, the number of complaints received and handled in 1997 was 8,505 complaints, and this volume increased consistently in the following years. The Consumer Services Division received 15,654 complaints in 2009. C. GENERAL IMPACT OF THE REGULATED UTILITIES ON THE ECONOMY OF NORTH CAROLINA IN 2008 In 2008, gross operating revenues increased for gas utilities and decreased for the electric and telephone utilities. Figure No. 3-1 depicts this growth with the four Class A electric companies showing an increase of 0.3% in 2008 compared to 2007. The gas companies’ gross operating revenues increased 15.6%, and the telephone companies decreased 3.4%. Investment in gross plant allocated to North Carolina by the electric, gas, and telephone utility companies continued to increase over the previous year. There was a 7.39% increase in the 2008 total gross plant allocated to North Carolina compared to the previous year, making a total of over $52 billion as of December 31, 2008 ($52,454,471,000). The increased plant investment will serve the electric and gas customers which numbered 4,352,177 in 2008 compared to 4,284,906 in 2007. In 2007 there were 3,530,254 telephone access lines reported compared to 3,216,625 in 2008 which will also be served by the increased plant investment. 30 FIGURE NO. 3-1 HIGHLIGHTS OF ACTIVITIES ELECTRIC, GAS & TELEPHONE UTILITIES 2008 VS. 2007 (Dollars in Thousands) HIGHLIGHTS OF ACTIVITIES Revenues and Expenses (N.C. Only): Operating Revenues Operating Expenses Net Operating Income Including Taxes Other Income (Deductions) Net (A) Fixed Charges Net Income Plant (N.C. Only): Gross Plant (B) Accumulated Depreciation Net Plant Capital Structure: Stockholders' Equity Long-Term Debt Total Capitalization Long-Term Debt % of Total Capitalization Other Statistics (N.C. Only): Total Customers Yearly Average Average Number of kWhs Per Residential Customer Average Number of Dekatherms Per Residential Cust. Average Revenue Per Residential Customer: Electric Residential Customer (Cents Per kWh) Gas Residential Customer ($ Per Dekatherm) Total Access Lines in Service ELECTRIC - MAJOR COMPANIES 2007 2008 % Change GAS - MAJOR COMPANIES 2007 2008 % Change $8,623,358 7,342,228 $1,281,130 30,963 380,350 $931,743 $8,595,750 7,329,080 $1,266,670 112,686 444,304 $935,052 (0.3) $1,550,562 (0.2) 1,401,679 (1.1) $148,883 263.9 26,056 16.8 69,720 0.4 $105,219 $1,792,019 1,637,199 $154,820 27,194 68,450 $113,564 15.6 16.8 4.0 4.4 (1.8) 7.9 $32,070,130 14,616,408 $17,453,722 $35,162,319 15,858,949 $19,303,370 9.6 $3,463,151 8.5 1,052,813 10.6 $2,410,338 $3,688,199 1,142,917 $2,545,282 6.5 8.6 5.6 $5,740,543 14,454,239 $20,194,782 71.6 $18,233,554 16,888,299 $35,121,853 48.1 217.6 $1,118,324 16.8 846,277 73.9 $1,964,601 (32.8) 43.1 $1,161,853 1,240,415 $2,402,268 51.6 3.9 46.6 22.3 19.9 3,171,093 13,996 3,220,391 13,584 1,113,813 1,131,786 1.6 56 61 8.9 8.13 8.79 $15.07 $15.96 5.9 1.6 (2.9) 8.1 (A) Includes all Allowance for Funds Used During Construction (AFUDC) and all Extraordinary and Delayed Items. (B) Includes Plant in Service, Under Construction, Held for Future Use, and Leased to Others. N/A - Not Available 31 TELEPHONE - ALL CLASSES 2007 2008 % Change $3,107,088 1,488,268 $1,618,820 N/A N/A $1,618,820 $13,379,231 9,535,017 $3,844,214 N/A N/A N/A N/A 3,530,254 $3,001,162 1,449,789 $1,551,373 N/A N/A $1,551,373 $13,657,991 10,041,617 $3,616,374 N/A N/A N/A N/A 3,216,625 (3.4) (2.6) (4.2) N/COMP N/COMP (4.2) 2.1 5.3 (5.9) N/COMP N/COMP N/COMP N/COMP (8.9) FIGURE NO. 3-2 MAJOR UTILITIES REGULATED AND REPORTING TO THE NORTH CAROLINA UTILITIES COMMISSION AS OF DECEMBER 31, 2009 UTILITY QTY BUS / BROKER ELECTRIC ELECTRIC COOPERATIVES FERRIES NATURAL GAS: LOCAL DISTRIBUTION COMPANIES INTRASTATE PIPELINE HOUSING AUTHORITIES MOTOR CARRIERS OF HOUSEHOLD GOODS SMALL POWER PRODUCERS TELEPHONE: COMPETING LOCAL PROVIDERS INCUMBENT LOCAL PROVIDERS LONG DISTANCE CARRIERS PAYPHONE SERVICE PROVIDERS SHARED TENANT SERVICES WATER / WASTEWATER MISCELLANEOUS TOTAL 21 5 32 15 4 1 8 265 163 191 16 374 129 20 815 6 2,065 32 Figure No. 3-3 Gross Plant Allocated to Serve North Carolina Customers Electric--Gas--Telephone (2003-2008) 37,000,000 36,000,000 35,000,000 34,000,000 33,000,000 32,000,000 31,000,000 30,000,000 29,000,000 28,000,000 27,000,000 26,000,000 25,000,000 24,000,000 23,000,000 22,000,000 21,000,000 20,000,000 19,000,000 18,000,000 17,000,000 16,000,000 15,000,000 14,000,000 13,000,000 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 Electric 2003 Gas 2004 2005 33 Telephone 2006 2007 2008 IV. THE ELECTRIC POWER INDUSTRY North Carolina Electric IOU Service Area Map 35 Johnston 6 Lee Stanly Gaston Mecklenburg Montgomery Wayne 17 Greene Union Lenoir Hyde Cumberland Sampson Duplin Jones Onslow Scotland 14 Robeson TEMA Board District Map 6 Central EMC 11 Halifax EMC 14 Lumbee River EMC 15 Pee Dee EMC 16 Piedmont EMC 18 Randolph EMC 21 South River EMC 24 Tri-County EMC 26 Wake EMC —Southside EC (Crewe, Va.) 5 New Hanover 3 Brunswick 2 Blue Ridge EMC 8 EnergyUnited 10 French Broad EMC 12 Haywood EMC 20 Rutherford EMC 22 Surry-Yadkin EMC 25 Union Power Carteret Pender Columbus District II 13 9 Bladen District I 4 Craven Pamlico 21 Hoke Anson 15 36 Dare 23 Harnett Moore Richmond Beaufort Pitt 24 25 ck Tra Cleveland s Polk ania nsylv Tyrrell Wilson Wake Chatham Rowan Cabarrus Martin Washington Randolph tu Rutherford 7 Edgecombe rri Nash an Catawba Bertie k 8 Durham Alamance Davidson 1 uim ll Clay Davie 18 Jackson Macon Mcdowell Burke 20 Alexander Iredell 26 Lincoln Henderson Graham Cherokee Buncombe Haywood 12 Caldwell Hertford Halifax Franklin en an che Swain Yancey Orange Guilford an ow Forsyth md 19 ot 16 Yadkin Mit Madison 10 Vance Ca Gates qu Wilkes Northampton Warren 11 Granville Ch 2 Person 22 Watauga Avery Caswell rq Pe Ashe Rockingham Stokes s Pa Surry Cu Alleghany District III 1 Albemarle EMC 3 Brunswick EMC 4 Cape Hatteras EC 5 Carteret-Craven EC 7 Edgecombe-Martin County EMC 9 Four County EMC 13 Jones-Onslow EMC 17 Pitt & Greene EMC 19 Roanoke EC 23 Tideland EMC 77 North Carolina Membership Boone-New River UNC-Greensboro High Point Granite Falls Morganton Lexington Statesville Drexel Newton 40 Waynesville Asheville 26 Cullowhee Western Carolina Maiden Landis Lincolnton Cornelius Concord Bostic Shelby Cherryville Huntersville Forest City Dallas Charlotte Kings Mountain Gastonia Murphy 85 95 85 Albemarle Pineville Monroe Hertford Scotland Neck Hobgood 40 85 Edenton Wake Forest Tarboro Windsor UNC-CH Hamilton Rocky Mount Pinetops Sharpsburg Macclesfield Robersonville Raleigh Lucama Wilson Fountain Belhaven Clayton Apex Farmville Black Stantonsburg Washington Creek Greenville Selma Walstonburg ECU Winterville Smithfield Fremont Ayden Pikeville Hookerton Benson La Grange Kinston New Bern Fayetteville Louisburg Enfield Laurinburg Red Springs Out-of-state Associate Members VIRGINIA Bedford • Danville • Martinsville • Richlands SOUTH CAROLINA Abbeville • Bamberg • Bennettsville Camden • Clinton • Easley • Gaffney • Greer • Laurens Newberry • Rock Hill • Union • Westminster NCMPA1 Participants 95 Lumberton NCEMPA Participants 40 Non-Power Agency Members Major North Carolina Cities LAST UPDATE 4/12/04 • LIH 37 Elizabeth City State Univ. Elizabeth City Wilmington Southport FIGURE NO. 4-3 SMALL ELECTRIC COMPANIES At December 31, 2009 MAJOR ELECTRIC COMPANIES At December 31, 2009 (Fully Regulated) COMPANY COUNTY SERVED*** New River Power & Light Watauga County Western Carolina University Jackson County ***Entire County is not served by the companies listed. CAROLINA POWER & LIGHT COMPANY DBA PROGRESS ENERGY CAROLINAS 411 Fayetteville Street RALEIGH, NORTH CAROLINA 27601-1748 (919) 546-6111 Organized: April 6, 1926 States Served: North Carolina and South Carolina MUNICIPAL ELECTRIC SYSTEMS AND SOURCE OF POWER* (Not Regulated) MUNICIPALITY Albemarle Apex Ayden Belhaven Benson Black Creek Bostic Cherryville Clayton Concord Cornelius Dallas Drexel Edenton Elizabeth City Enfield Farmville Fayetteville Forest City Fountain Fremont Gastonia Granite Falls Greenville Hamilton Hertford High Point Highlands Hobgood Hookerton Huntersville Kings Mountain Kinston DUKE ENERGY CORPORATION DBA DUKE ENERGY CAROLINAS, LLC 422 South Church Street CHARLOTTE, NORTH CAROLINA 28201 (704) 594-0887 Organized: May 1917 States Served: North Carolina and South Carolina NANTAHALA POWER AND LIGHT COMPANY WHOLLY OWNED SUBSIDIARY OF DUKE POWER COMPANY** 301 NP&L Loop FRANKLIN, NORTH CAROLINA 28734 (828)369-4544 Organized: July 23, 1929 Acquired by Duke Power Company: November 17, 1988 State Served: North Carolina **Merged into Duke Power August 3, 1998 VIRGINIA ELECTRIC AND POWER COMPANY DBA DOMINION NORTH CAROLINA POWER One James River Plaza RICHMOND, VIRGINIA 23219 (804) 775-5813 Organized: June 29, 1909 States Served: North Carolina and Virginia 38 SOURCE OF POWER NCMPA No. 1 NCEMPA NCEMPA NCEMPA NCEMPA City of Wilson NCMPA No. 1 NCMPA No. 1 NCEMPA Duke Energy NCMPA No. 1 Duke Energy NCMPA No. 1 NCEMPA NCEMPA NC Power NCEMPA CP&L Duke Energy Town of Farmville NCEMPA NCMPA No. 1 NCMPA No. 1 NCEMPA NCEMPA NCEMPA NCMPA No. 1 Duke Energy NCEMPA NCEMPA NCMPA No. 1 Duke Energy NCEMPA FIGURE NO. 4-3 CONTINUED MUNICIPALITY SOURCE OF POWER* LaGrange Landis Laurinburg Lexington Lincolnton Louisburg Lucama Lumberton MacClesfield Maiden Monroe Morganton Murphy New Bern Newton Oak City Pikeville Pinetops Pineville Red Springs Robersonville Rocky Mount Scotland Neck Selma Sharpsburg Shelby Smithfield Southport Stantonsburg Statesville Tarboro Wake Forest Walstonburg Washington Waynesville Wilson Windsor Winterville NCEMPA NCMPA No. 1 NCEMPA NCMPA No. 1 NCMPA No. 1 NCEMPA City of Wilson NCEMPA City of Wilson NCMPA No. 1 NCMPA No. 1 NCMPA No. 1 TVA NCEMPA NCMPA No. 1 Edgecombe-Martin EMC NCEMPA City of Wilson NCMPA No. 1 NCEMPA NCEMPA NCEMPA NCEMPA NCEMPA City of Rocky Mount NCMPA No. 1 NCEMPA NCEMPA City of Wilson NCMPA No. 1 NCEMPA NCEMPA City of Wilson NCEMPA CP&L NCEMPA NC Power Greenville Utilities Total: 71 *NCMPA No. 1 = North Carolina Municipal Power Agency Number 1 NCEMPA = North Carolina Eastern Municipal Power Agency 39 FIGURE NO. 4-4 N. C. ELECTRIC MEMBERSHIP CORPORATION AND SOURCE OF POWER December 31, 2009 (Regulated as to Quality of Service Only) ELECTRIC MEMBERSHIP CORPORATION HEADQUARTERS SOURCE OF POWER* Albemarle Blue Ridge Brunswick Cape Hatteras Carteret-Craven Central Edgecombe-Martin County EnergyUnited Four County French Broad Halifax Haywood Jones-Onslow Lumbee River Pee Dee Piedmont Pitt & Greene Randolph Roanoke Rutherford South River Surry-Yadkin Tideland Tri-County Union Wake Hertford Lenoir Shallotte Buxton Morehead City Sanford Tarboro Statesville Burgaw Marshall Enfield Waynesville Jacksonville Red Springs Wadesboro Hillsborough Farmville Asheboro Rich Square Forest City Dunn Dobson Pantego Dudley Monroe Wake Forest NCEMC, SEPA NCEMC, SEPA, IM NCEMC, SEPA NCEMC NCEMC, SEPA NCEMC, SEPA NCEMC, SEPA NCEMC, SEPA, IM NCEMC, SEPA CP&L, SEPA NCEMC, SEPA NCEMC, SEPA, IM NCEMC, SEPA NCEMC, SEPA NCEMC, SEPA NCEMC, SEPA, IM NCEMC, SEPA NCEMC, SEPA NCEMC, SEPA NCEMC, SEPA, IM NCEMC, SEPA NCEMC NCEMC, SEPA NCEMC, SEPA NCEMC, SEPA NCEMC, SEPA * NCEMC - North Carolina Electric Membership Corporation SEPA - Southeastern Power Administration IM – Independent Members of NCEMC** ** These EMCs independently purchase capacity and energy requirements, as needed, above those provided by NCEMC and SEPA. 40 FIGURE NO. 4-4 CONTINUED FOREIGN ELECTRIC MEMBERSHIP CORPORATIONS OPERATING IN N.C. December 31, 2009 ELECTRIC MEMBERSHIP CORPORATION HEADQUARTERS SOURCE OF POWER Blue Ridge Mountain Serves Cherokee and Clay Counties Young Harris, GA. TVA Broad River Electric Cooperative, Inc. Serves Cleveland County Gaffney, S.C. Saluda Electric Corporation Mecklenburg Electric Cooperative, Inc. Serves Granville and Warren Counties Chase City, VA. SEPA, Old Dominion Tri-State Serves Cherokee County McCaysville, GA TVA Mountain Electric Cooperative, Inc. Serves Avery, Burke, and Watauga Counties Mountain City, TN TVA 41 with Cinergy and the entity serving North and South Carolina was renamed Duke Energy Carolinas, LLC. In 2008 Duke’s service area covered approximately 20,000 square miles with an estimated population of about 4.8 million. Duke provided electricity to 1,827,491 North Carolina customers in 2008 and served approximately two million customers systemwide. Duke owns three nuclear generating plants (7 units), eight coal-fired plants (30 units), and two pumped storage hydroelectric plants (8 units) and combustion turbine generation at eight plants (51 units) and multiple conventional hydro facilities. The headquarters for Duke is in Charlotte, North Carolina. Virginia Electric and Power Company (Vepco) is the principal subsidiary of Dominion Resources, Inc., a publicly traded holding company formed in 1983. Vepco provides service to northeastern North Carolina, where it serves 20 counties as Dominion North Carolina Power. Vepco's service territory includes the urban corridor stretching from the suburbs of Washington, D.C., through Richmond to the Hampton Roads and Norfolk area of Virginia to North Carolina. NC Power provided electricity to 118,288 North Carolina customers in 2008. Vepco provides electricity to more than 2.3 million customers systemwide within a 30,000 square mile area. Vepco generates electricity with two nuclear plants (4 units), eleven coalfired plants (23 units), two oil-fired plants (2 units), combustion turbines at ten plants (45 units); combustion turbines at eleven plants (50 units); combined cycle at five plants (7 units), three conventional hydroelectric plants (13 units), one pumped storage hydroelectric plant (6 units), and one wood burning plant. Dominion Resources, Inc. is headquartered in Richmond, Virginia. The Commission does not regulate the retail rates of municipally-owned electric systems or electric membership corporations; however, the Commission does have jurisdiction over the licensing of all new electric generating plants and large scale transmission facilities built in North Carolina. Commission Rule R8-60(b) specifies that the Integrated Resource Planning (IRP) process is applicable A. GENERAL COMMENTS There are three regulated investorowned electric utilities (IOUs) operating under the laws of the State of North Carolina and subject to the jurisdiction of the Commission. All three of the IOUs own generating facilities. They are Carolina Power & Light Company, doing business as Progress Energy Carolinas, Inc. (Progress); Duke Energy Carolinas, LLC (Duke); and Virginia Electric and Power Company (VEPCO) which does business in North Carolina under the name Dominion North Carolina Power (NC Power). Carolina Power & Light Company dba Progress Energy Carolinas (Progress), an investor-owned utility, operates nineteen coalfired units at eight plants, four nuclear units at three plants, forty-one combustion turbine generators at eleven plants, fifteen hydroelectric units at four plants, and nine combined cycle units at two locations. In 2008 Progress provided electricity to 1,274,612 North Carolina customers. The service area of Progress encompasses an area of 30,000 square miles with a population of more than 3.75 million including the Coastal Plains Section of North Carolina, a section in western North Carolina, and one-fourth of eastern South Carolina. The North and South Carolina Commissions govern retail electric rates and the Federal Energy Regulatory Commission governs wholesale electric rates. Progress Energy Carolinas is headquartered in Raleigh, North Carolina. Duke and Progress, the two largest electric IOUs in North Carolina, together supply about 96% of the utility-generated electricity consumed in the state. Approximately 17% of the IOUs’ total electric sales in North Carolina were to the wholesale market, consisting primarily of electric membership corporations and municipally-owned electric systems. Duke Energy Carolinas, LLC (Duke) is one of the nation’s largest investor-owned electric utilities in terms of kilowatt-hour sales. Duke Power Company merged with PanEnergy Corporation, headquartered in Houston, Texas, effective April 22, 1997, to become Duke Energy Corporation. In 2006, Duke merged 42 that those sources meet 12.5% of their needs in 2021. EMCs and municipal electric suppliers are subject to a 10% REPS requirement. The requirements under the law phase in over time. In 2010, electric power suppliers must assure that 0.02% of their retail electric sales in North Carolina come from solar energy resources. Additional requirements are effective in 2012 and subsequent years. Since October 1, 2008, the Commission has received more than 140 certificate of public convenience and necessity applications or reports of proposed construction. As of September 30, 2009, the Commission has accepted registration statements filed by 72 facilities, totaling more than 220 MW of renewable electric generating capacity in North Carolina. October 1, 2009, the Commission submitted its second annual report to the Governor, the Environmental Review Commission, and the Joint Legislative Utility Review Committee regarding Commission implementation of, and electric power supplier compliance with, the REPS. In addition, on October 1, 2009, the Commission filed its first report to the same entities regarding cost allocations as required by Senate Bill 3. That report discusses allocations of utility costs for renewable energy, demand-side management/energy efficiency, and fuel and fuel related charges. Both reports are available on the Commission’s web site, www.ncuc.net. Senate Bill 3 required the Commission to monitor compliance with REPS and to develop procedures for tracking and accounting for renewable energy certificates (RECs). In 2008 the Commission opened Docket No. E100, Sub 121 and established a stakeholder process to propose requirements for a North Carolina Renewable Energy Tracking System (NC-RETS). On October 19, 2009, the Commission issued a request for proposals via which it seeks a vendor that would design, build, and operate the tracking system. Proposals were due to the Commission on December 15, 2009. The Commission’s project schedule would have NC-RETS operational by July 1, 2010, consistent with requirements of Session Law 2009-475. to the North Carolina Electric Membership Corporation (NCEMC), and any individual electric membership corporation (EMC) to the extent that it is responsible for procurement of any or all of its individual power supply resources. EMCs are independent, non-profit corporations. There are 31 EMCs serving 995,000 customers in North Carolina, including 26 that are headquartered in the state. The other five are headquartered in adjacent states. These EMCs serve customers in 96 of the state’s 100 counties. Twenty-five of the EMCs are members of NCEMC, an umbrella service organization. NCEMC is a generation and transmission services cooperative that provides wholesale power and other services to its 25 members. Six EMCs operating in the state are not members of NCEMC. As noted above, five are incorporated in contiguous states and provide service in limited areas across the border into North Carolina. The sixth is French Broad EMC, which has agreed to provide appropriate information to NCEMC for inclusion in NCEMC’s IRP filings. The two remaining electric utilities subject to the Commission’s jurisdiction are very small distribution companies wholly located in North Carolina. Both are universityowned: New River Light and Power, located in Boone, and Western Carolina University, located in Cullowhee. New River Light is an allrequirements customer of Blue Ridge Electric Membership Corporation, and Western Carolina University is an all-requirements customer of Duke. B. RENEWAL ENERGY AND ENERGY EFFICIENCY Renewable Energy and Energy Efficiency Portfolio Standard On August 20, 2007, with the signing of Session Law 2007-397 (Senate Bill 3), North Carolina became the first state in the Southeast to adopt a Renewable Energy and Energy Efficiency Portfolio Standard (REPS). Under this law, investor-owned electric utilities are required to increase their use of renewable energy resources and/or energy efficiency such 43 block of 100 kilowatt-hours of green energy to North Carolina’s power supply. NC GreenPower pays a premium to a generator for renewable power supplied to the electric grid in North Carolina, rather than from traditional sources. Large-volume users may contribute towards 100 or more blocks per month at a rate of $2.50 per block with a different energy mix. Carbon Offset product: A $4 monthly contribution will mitigate 500 pounds of carbon dioxide or carbon dioxide equivalent (greenhouse gas emissions). NC GreenPower pays a premium to a project owner or the market for the mitigation of 500 pounds of carbon dioxide or carbon dioxide equivalent. Brokered Bid product: The Brokered Bids option provides customers interested in annually spending $15,000 or more on Renewable Energy Credits or Carbon Offsets with a more competitive North Carolina option. NC GreenPower accepts bids for Renewable Energy Credits on a continual basis. When available, NC GreenPower offers them to customers meeting the minimum spending requirement. NC GreenPower accepts renewable energy bids on a continual basis. Generators complete an application with pertinent project information, a bid amount, and a date through which the bid is available. These bids create a portfolio of available renewable energy projects. NC GreenPower recently finished a Carbon Offset bid process and is currently negotiating with a project owner to fulfill the Carbon Offset demand. There is also an open, rolling bid process for Carbon Offset producers. As of November 2009, NC GreenPower has contracts with the following green power generators: 230 solar photovoltaic (PV), two small hydroelectric, seven wind, two landfill methane, and one wood waste. As of September 30, 2009, 12,775 North Carolina electric consumers were subscribed to 24,888 100-kWh blocks of power per month – representing 29,865,432 kWh of renewable energy to be delivered to the electric grid in North Carolina this year, which is enough to power about 2,500 homes. More than 45 utilities across North Carolina assist NC GreenPower by providing billing and collection of donations through Energy Efficiency Electric power suppliers in North Carolina are required to implement DSM and EE measures and use supply-side resources to establish the least cost mix of demand reduction and generation measures that meet the electricity needs of their customers. Energy reductions through the implementation of DSM and EE measures may also be used by the electric power suppliers to comply with REPS. Both Duke and Progress have filed for the approval of a number of energy efficiency measures and cost recovery. EnergyUnited in 2009 also filed for and received approval of two energy efficiency programs. On September 1, 2009, the Commission filed its first biennial report to the Governor and the Joint Legislative Utility Review Committee regarding proceedings for electric utilities involving EE and DSM cost recovery and incentives. That report provides a comprehensive review of the Commission’s activities regarding EE and DSM and is available on the Commission’s web site. NC GreenPower NC GreenPower is an independent, nonprofit organization and the first, statewide multi-utility renewable energy program in the nation. Established in 2003, this landmark program launched an opportunity for North Carolinians to voluntarily support the growth of green power in North Carolina. As of 2008, NC GreenPower also offered Carbon Offsets to address growing concerns about the impact of greenhouse gases on the environment. NC GreenPower is a statewide program designed to improve the quality of the environment by encouraging the development of renewable energy resources through consumers’ voluntary funding of green power purchases by electric utilities in North Carolina and the mitigation of greenhouse gas emissions through consumers’ voluntary funding of Carbon Offsets. The program revenues help provide financial incentives for generators of electricity from renewable sources and for developers of projects mitigating greenhouse gas emissions. Renewable Energy product: A typical contribution of just $4 per month adds one 44 solutions to address not only reliability, but also to increase access to alternative resource supply options for load-serving entities, such as municipal utilities. The NCTPC’s most recent official report, dated January 2009, states that 16 major transmission projects are needed in North Carolina by the end of 2018 at an estimated cost of $520 million. However, in August 2009, Duke and Progress submitted revised load growth forecasts to the planning collaborative. Due to the economic downturn, several of the 16 transmission projects are being pushed back in time, but all will still be needed by June 2019. Pursuant to G.S. 62-101, a certificate of environmental compatibility and public convenience and necessity from the Utilities Commission is needed before building a transmission line of more than 161 kilovolts. No such requests are currently pending before the Commission. In addition to their work within the NCTPC, Duke and Progress are part of an inter-regional transmission planning initiative called the Southeast Interregional Participation Process. This effort allows a transmission customer, such as a municipal utility, to request a study of the transmission that would be required to be built to facilitate a hypothetical request to transport electric power across multiple regional planning areas. Other participating utilities include Alabama Electric Cooperative, Santee Cooper, Dalton Utilities, SCE&G, South Mississippi Electric Power Association, Entergy, Georgia Transmission Corporation, the Southern Companies, Municipal Electric Authority of Georgia, TVA, and E. ON U.S. Finally 2009 saw increased focus on electric transmission planning on an even larger scale, at the “interconnection wide” level. The United States has three electric interconnections. North Carolina is part of the eastern interconnection, which is the region east of the Rocky Mountains, minus Texas. Largely due to increased interest in renewable energy development, the federal government launched an effort to develop coordinated, longterm transmission expansion plans on an interconnection-wide basis. This effort received funding in 2009 via the American Recovery and consumers’ utility bills. Duke, Progress, and NC Power also facilitate carbon offset donations via direct billing. STATE TRANSMISSION AND INTERCONNECTION ISSUES On April 2, 2004, the Commission hosted the first of several transmission stakeholder meetings to facilitate a collaborative effort to identify any problems that North Carolina consumers of transmission service face and to allow North Carolina stakeholders to implement potential solutions to those specific problems without the risk of federal intervention. These meetings led to the establishment of the North Carolina Transmission Planning Collaborative (NCTPC), which issued its first report in January of 2007. In that report, Participants (transmission-owning utilities, such as Duke and Progress, and transmission-dependent utilities, such as municipal electric systems and EMCs) identified transmission projects necessary for reliability and the estimated costs for the upgrades that would be required to support various options for economic transfers of power and to assure reliable grid operations. The Participants believe this collaborative effort has provided valuable information about projected loads and resources used in transmission planning. The Participants further believe that the joint planning effort has produced benefits that would not otherwise have been realized, including: (1) insight into the neighboring system’s modeling approaches, including resource assumptions, contingencies evaluated and system dispatch assumptions; (2) higher confidence in and understanding of data provided by all participants, including more detailed and timely sharing of information; (3) improved understanding of the neighboring transmission system, including its strengths and weaknesses and the relationship between the two transmission systems; (4) shared technical and planning expertise that resulted in improved modeling, more comprehensive evaluation of the impact of generation and transmission contingencies, and consideration of more extensive sets of solutions; and (5) a more comprehensive approach to developing 45 provided, however, that the Commission shall adopt, if appropriate, federal interconnection standards.” On June 9, 2008, the Commission issued an Order revising North Carolina’s Interconnection Standard. The Commission used the federal standard as the starting point for all state-jurisdictional interconnections (regardless of the size of the generator) and made modifications to retain and improve upon the policy decisions made in 2005. The Commission’s Order required regulated utilities to update any affected rate schedules, tariffs, riders, and service regulations to conform with the revised standard. On July 9, 2008, Duke filed a motion for reconsideration regarding whether an external disconnect switch should be required for certified inverter-based generators up to 10 kW. On December 16, 2008, the Commission issued an Order in which it granted Duke’s motion for reconsideration and gave electric utilities the discretion to require external disconnect switches for all interconnecting generators. However, if a utility requires such a switch for a certified, inverter-based generator under 10 kW, the utility shall reimburse the generator for all costs related to that installation. Reinvestment Act of 2009 (ARRA 2009). Pursuant to ARRA 2009, the U.S. Department of Energy (DOE) offered grants for transmission planning, including funds for “Cooperation Among States on Electric Resource Planning and Priorities.” DOE sought proposals from organizations that would facilitate dialogue and collaboration among the states to enable them to develop consistent and coordinated input and guidance for transmission planning. The National Association of Regulatory Utility Commissioners (NARUC), of which the North Carolina Utilities Commission is a member, worked with all of the states in the eastern interconnection to develop and submit a DOE funding request. Under the NARUC proposal, a new entity would be established, the Eastern Interconnection States Planning Council. Each of the 39 states in the eastern interconnection, as well as Washington, D.C. and the City of New Orleans, would be represented in this “unprecedented collaborative.” North Carolina would be represented by the Chairman of the Utilities Commission and the Deputy Commissioner of Energy (Department of Commerce). NARUC’s grant request is currently pending, but is expected to be awarded by the end of 2009. Funds would be used for a small staff and meetings and research that would assist the states in reaching consensus regarding future sources of electric energy, and by extension, the new electric transmission infrastructure needed to move that energy to consumers. Net Metering “Net metering” refers to a billing arrangement whereby a customer that owns and operates an electric generating facility is billed according to the difference over a billing period between the amount of energy the customer consumes and the amount of energy it generates. In Senate Bill 3, codified at G.S. 62-133.8(i)(6), the General Assembly required the Commission to consider whether it is in the public interest to adopt rules for electric public utilities for net metering of renewable energy facilities with a generation capacity of one megawatt or less. In its previous Orders, the Commission has required utilities to offer net metering to a customer that owns and operates a solar photovoltaic (PV), wind-powered, mircohydro, or biomass-fueled electric generating facility with a capacity of up to 20 kW for a residential customer-generator and 100 kW for a non-residential customer-generator. The State Generator Interconnection Standards On June 4, 2004, in Docket No. E-100, Sub 101, Progress, Duke, and NC Power jointly filed a proposed model small generator interconnection standard, application, and agreement to be applicable in North Carolina. In 2005, the Commission approved small generator interconnection standards for North Carolina. In Session Law 2007-397, the General Assembly, among other things, directed the Commission to “[e]stablish standards for interconnection of renewable energy facilities and other nonutility-owned generation with a generation capacity of 10 megawatts or less to an electric public utility’s distribution system; 46 bill period shall be carried forward to the following monthly billing period, but shall be granted to the utility at no charge and the credit balance reset to zero at the beginning of each summer billing season. If the customer elects to take retail electric service pursuant to any TOU rate schedule, excess on-peak generation shall first be applied to offset on-peak consumption and excess off-peak generating to offset off-peak consumption; any remaining onpeak generating shall then be applied against any remaining off-peak consumption. If the customer chooses to take retail electric service pursuant to a TOU-demand rate schedule, it shall retain ownership of all RECs associated with its electric generation. If the customer chooses to take retail electric service pursuant to any other rate schedule, RECs associated with all electric generation by the facility shall be assigned to the utility as part of the net metering arrangement. Commission’s Orders specified that net metering customers must be on a time-of-use (TOU) demand rate schedule and that the kilowatt-hour credit, if any, shall be reset to zero at the beginning of each summer billing season. Any RECs associated with this excess generation shall also be granted to the utility when the excess generation credit balance is zeroed out. On June 9, 2008, the Commission issued an Order establishing a procedural schedule to reconsider all aspects of its existing net metering policy, including whether solar PV, wind-powered, micro-hydro, or biomass-fueled electric generating facilities up to one megawatt or some smaller size should be allowed to net meter; whether to allow additional types of generating facilities to net meter; and whether to otherwise change the terms and conditions under which generating facilities currently are allowed to net meter. After receiving testimony from public witnesses in Raleigh and Charlotte and from expert witnesses for the parties, the Commission issued an Order on March 31, 2009, amending its net metering policy. In its Order, the Commission concluded that Duke, NC Power, and Progress should file revised riders or tariffs that allow net metering for any customer that owns and operates a renewable energy facility that generates electricity with a capacity of up to one megawatt. The customer shall be required to interconnect pursuant to the approved generator interconnection standard, which includes provisions regarding the study and implementation of any improvements to the utility’s electric system required to accommodate the customer’s generation, and to operate in parallel with the utility’s electric distribution system. The customer may elect to take retail electric service pursuant to any rate schedule available to other customers in the same rate class and may not be assessed any standby, capacity, metering, or other fees other than those approved for all customers on the same rate schedule. Standby charges shall be waived, however, for any net-metered residential customer with electric generating capacity up to 20 kW and any net-metered nonresidential customer up to 100 kW. Credit for excess electricity generated during a monthly FEDERAL ENERGY INITIATIVES Vertically integrated electric utilities, such as Duke and Progress produce their own power at central generation facilities, transmit that power over long distances at high voltage from the generation facilities to load centers, and finally distribute the power over lower voltage lines for use by retail customers. Such customers are referred to as “bundled,” since all aspects of their delivered electrical service are provided by a single energy supplier. Over the past two decades, however, the federal government has pursued a policy of introducing, and subsequently encouraging, competition in wholesale power markets. This has led to attempts at the federal level to remove an perceived barriers to competition, including measures affecting the operation of the high-voltage transmission system by vertically integrated utilities who allegedly have an incentive to stifle competition by discriminating in favor of their own generation resources. Open Access Transmission Tariff In April 1996, the FERC issued Order Nos. 888 and 889, which established rules governing open access to electric transmission 47 systems by wholesale customers and required the construction and use of an Open Access Same-time Information System (OASIS). In Order No. 888, the FERC also required utilities to file standard, non-discriminatory open access transmission tariffs (OATTs) under which service is provided to wholesale customers such as electric cooperatives and municipal electric providers. As part of this decision, the FERC asserted federal jurisdiction over the rates, terms, and conditions of the transmission service provided to retail customers receiving unbundled service while leaving the transmission component of bundled retail service subject to state control. The FERC rule also permitted recovery of legitimate, prudent, and verifiable stranded costs associated with certain existing wholesale service contracts. In New York v. FERC, 535 U.S. 1 (2002), the Supreme Court of the United States upheld the FERC’s decisions in Order No. 888. In Order No. 889, the FERC required utilities to separate their transmission and wholesale power marketing functions and to obtain information about their own transmission system for their own wholesale transactions through the use of an OASIS system on the Internet, just like their competitors. The purpose of this rule was to ensure that transmission owners do not have an unfair advantage in wholesale generation markets. independent entity. In that role, the Midwest ISO evaluates and approves transmission service requests; calculates the amount of transmission that is available for third party use; operates and administers Duke’s OASIS; and evaluates, processes, and approves generation interconnection requests and coordinates transmission planning. In addition, Duke has retained Potomac Economics to act as its independent market monitor. Duke forwards Potomac Economics’ quarterly reports to the Commission. Dominion, NC Power’s parent, filed an application with the Commission on April 2, 2004, in Docket No. E-22, Sub 418, seeking authority to transfer operational control of its transmission facilities located in North Carolina to PJM Interconnection, an RTO headquartered in Pennsylvania. The Commission approved the transfer subject to conditions on April 19, 2005. The Commission has continued to provide oversight over NC Power and PJM by using its own regulatory authority, engaging in regional cooperation with other state commissions, and participating in proceedings before the FERC. Together with the other state commissions with jurisdiction over utilities in the PJM area, the Commission is involved in the activities of the Organization of PJM States, Inc. (OPSI). Regional Transmission Organizations In December 1999, the FERC issued Order No. 2000 encouraging the formation of regional transmission organizations (RTOs), independent entities created to operate the interconnected transmission assets of multiple electric utilities on a regional basis. In compliance with Order No. 2000, Duke, Progress, and SCEG filed a proposal to form GridSouth Transco, LLC (GridSouth), a Carolinas-based RTO. The utilities put their GridSouth-related efforts on hold in June 2002, citing regulatory uncertainty at the federal level. The GridSouth organization was formally dissolved in April 2005. Subsequently, Duke received approval from the FERC to engage an independent entity to administer its OATT. Starting in January 2007, the Midwest ISO began acting as Duke’s Open Access Transmission Tariff Reform On February 16, 2007, the FERC issued Order No. 890, adopting changes to the proforma OATT to be used by transmission owners, including a new requirement for process on both a local and regional level. The FERC required each transmission provider to file the details of its planning process, which had to satisfy nine planning principles: coordination, openness, transparency, information exchange, comparability, dispute resolution, regional coordination, economic planning studies, and cost allocation. Duke and Progress jointly filed “Attachment Ks” to their transmission tariffs on December 7, 2007. They both referred to the North Carolina Transmission Planning Collaborative as their mechanism and forum for assuring open transparent planning with opportunity for 48 appropriate to implement such standards to carry out the purposes of the Public Utilities Regulatory Policies Act (PURPA). The law required the Commission to commence its consideration of the federal interconnection and smart metering standards within one year of the enactment of EPAct 2005 and to complete its consideration of those standards within two years of enactment. The law required the Commission to commence its consideration of the federal net metering, fuel diversity, and fossil fuel generation efficiency standards within two years of enactment of EPAct 2005 and to complete its consideration of those standards within three years of enactment. These time limits did not apply, however, if the State had, prior to the enactment of EPAct 2005, considered or implemented the federal standards or comparable standards. On August 4, 2006, the Commission issued an Order in Docket No. E-100, Sub 107, preliminarily concluding that it had previously considered or implemented the net metering and interconnection standards as required by Sections 1251 and 1254 and allowing interested parties to file written comments regarding this preliminary conclusion, including whether the Commission is required to take any further action with regard to the net metering and interconnection standards enacted in EPAct 2005. Also on August 8, 2006, the Commission issued an Order in Docket No. E-100, Sub 108 scheduling a hearing to consider the federal smart metering, fuel diversity, and fossil fuel generation efficiency standards and requiring publication of notice. A hearing was held, as scheduled, in Docket No. E-100, Sub 108 on December 12, 2006. On August 8, 2007, the Commission issued an Order in Docket No. E-100, Sub 107 affirming its preliminary conclusion and declining to adopt the federal net metering and interconnection standards based on prior state action. Also on August 8, 2007, the Commission issued an Order in Docket No. E-100, Sub 108, declining to adopt the federal smart metering, fuel diversity, and fossil fuel generation efficiency standards on the grounds that such action was not necessary to carry out the purposes of PURPA. involvement by stakeholders. In order to address the FERC’s requirements relative to inter-regional coordination, Duke and Progress cited their participation in the Southeast Interregional Participation Process. The FERC issued its order on September 18, 2008 finding the geographic scope of Duke and Progress’s joint regional planning to be sufficient, but ordering Duke and Progress to file numerous modifications within 90 days, including a methodology for allocating transmission construction costs for projects that involve multiple utilities. The FERC is soliciting comments as to whether additional regulations are needed relative to transmission planning. Many people believe the FERC must address cost allocation for large transmission projects in order to encourage development of renewable energy. Transmission Rate Filings In 2008, NC Power sought permission from the FERC to charge transmission customers an incentive return on equity (ROE) for specific transmission construction projects. The Commission intervened in that case, arguing that a higher ROE would be inappropriate for some of NC Power’s proposed projects and would unreasonably increase electricity prices to customers. The FERC rejected the Commission’s arguments and granted NC Power’s full request on August 29, 2008. The Commission has filed a request for reconsideration of this decision, which is pending. While the Commission retains full jurisdiction over NC Power’s retail prices in North Carolina, NC Power’s proposal would increase its wholesale transmission rates and, thus impact the cost of importing power to other electric consumers in North Carolina. Energy Policy Act of 2005 Under the Energy Policy Act of 2005 (EPAct 2005), which became law on August 8, 2005, the Commission, with respect to each electric utility for which it has ratemaking authority, was required to consider new federal standards regarding net metering, interconnection, smart metering, fuel diversity, and fossil fuel generation efficiency and to make a determination whether or not it is 49 Washington, DC. The Southwest Area National Corridor includes portions of southern California and western Arizona. DOE is required to prepare a report to Congress every three years on the status of congestion nationwide, and has begun work on its 2009 consortia study. Section 216 also authorizes the FERC to site transmission facilities if a state withholds approval of a project for more than one year. The FERC interpreted this provision to include instances where a state has denied a proposed project. This issue is currently on appeal in the United States Court of Appeals for the Fourth Circuit. EPAct 2005 required the FERC to establish incentive-based wholesale rate treatments for transmission facilities. Congress specified that these incentives were “for the purpose of benefitting consumers by ensuring reliability and reducing the cost of delivered power by reducing transmission congestion.” In July 2006, FERC issued Order No. 679, which allows utilities to seek wholesale rate incentives such as (1) incentive rates of return on equity for new investment in transmission facilities; (2) full recovery of prudently incurred transmissionrelated construction work in progress costs in rate base, and (3) full recovery of prudently incurred pre-commercial operation costs. The FERC allows these incentives based on a caseby-case analysis of individual transmission projects. As discussed above, the Commission has intervened in incentive proceedings before the FERC in order to protect the interests of North Carolina consumers. EPAct 2005 gave the FERC responsibility to oversee mandatory, enforceable reliability standards for the bulk power system. In the summer of 2006, it approved NERC as the ERO responsible for proposing, for FERC review and approval, standards to protect the reliability of the bulk power system. The ERO may delegate certain responsibilities to “Regional Entities” subject to FERC approval. In the southeast, those responsibilities, including auditing for compliance, have been delegated to SERC, headquartered in Charlotte, North Carolina. In March 2007, the FERC approved the first set of mandatory, enforceable reliability standards. Violations can result in monetary penalties of up to $1 million per day per violation. The FERC, ERO and SERC have focused especially on two compliance areas that have been implicated in large regional bulk power system outages: (1) the need for more thorough vegetation management below and near high-voltage power lines and (2) the need for more rigorous design and maintenance of the relays that determine whether the electric grid “rides through” disturbances or “separates,” potentially contributing to cascading outages. In North Carolina, more stringent requirements for vegetation management have reduced the flexibility utilities have traditionally exercised in working with communities and landowners. EPAct 2005 added a new section 216 to the Federal Power Act, providing for federal siting of interstate electric transmission facilities under certain circumstances. States retain primary jurisdiction to site transmission facilities, and federal transmission siting effectively supplements a state siting regime. Section 216 requires the Secretary of the U.S. Department of Energy (DOE) to study electric transmission congestion and to designate, as a national interest electric transmission corridor, any geographic area experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers. In October 2007, DOE issued an order designating two national interest electric transmission corridors. The Mid-Atlantic Area National Corridor includes portions of Delaware, Maryland, New Jersey, New York, Ohio, Pennsylvania, Virginia, West Virginia, and Cyber Security Federal regulators are increasingly concerned about cyber security threats to the nation’s bulk power system. Cyber security threats may be posed by foreign nations or others intent on undermining the United States’ electric grid. North Carolina’s utilities are working to comply with federal standards that require them to identify critical components of their infrastructure and install additional protections from cyber attacks. The FERC believes its legal authority is adequate to address potential threats to the bulk power system and has asked Congress to enact legislation to address this deficiency. 50 American Recovery and Reinvestment Act of 2009 (ARRA 2009) The ARRA 2009 initiated numerous efforts intended to stimulate the economy and create jobs. Many of them relate to energy infrastructure and energy policy. As authorized by the ARRA, the DOE announced a funding opportunity in mid-June of 2009 whereby it solicited grant proposals for “State Electricity Regulators Assistance.” The intent of the grants is to insure that state regulators can meet the increased workload anticipated due to other ARRA awards such as those related to energy efficiency, renewable energy, energy storage, smart grid, electric and hybrid-electric vehicles, demand-response, coal with carbon capture and storage, and electric transmission. The Commission responded with a grant request to DOE, which was approved in September of 2009. The Commission requested funding for an electricity specialist position, which would be a full-time position limited to a four-year term of the grant. The grant would also cover the cost of additional training to prepare staff and Commissioners to be address complex electric energy issues. The DOE also made ARRA grant awards to electric utilities for proposals related to smart grid. Progress and Duke were both grant recipients. ARRA 2009 also provided grants for state involvement in transmission planning. Energy Independence and Security Act of 2007 The President signed the Energy Independence and Security Act of 2007 into law on December 19, 2007. The statute adds new federal standards to PURPA section 111(d) for state commissions and utilities to consider, and an additional “standard” that is not labeled as a PURPA standard, but is similar in some respects. In the area of integrated resource planning, each electric utility shall integrate energy efficiency resources into utility, state, and regional plans, and adopt policies establishing cost-effective energy efficiency as a priority resource. This requirement has no deadline. The rates allowed to be charged by any electric utility shall align utility incentives with the delivery of cost-effective energy efficiency and promote energy efficiency investments. This requirement has no deadline. Each state shall consider requiring that, prior to undertaking investments in nonadvanced grid technologies, an electric utility demonstrate that they considered an investment in a smart grid system. By December 19, 2008, each state commission must begin considering this issue, or set a hearing date for its consideration. This review must include whether to adopt a federal standard that would provide each electricity purchaser access to time-based prices and updated pricing and usage information on not less than a daily basis. Each state commission is to finish its consideration of this issue by December 19, 2009. Utilities and state commissions must consider whether an owner or operator of a waste energy recovery project that generates new excess power shall be eligible to benefit from specific options for disposal of their net excess power. On November 25, 2008, the Commission issued an Order in Docket No. E100, Sub 123, which established a schedule for testimony and hearings on these issues. Numerous parties submitted comments and the Commission’s order is pending. C. RETAIL COMMENTS CUSTOMER GROWTH-- In 2008 the three major electric utilities and Nantahala experienced a customer growth rate between 1.0% and 2.0% for their North Carolina operations. The net customer increase from December 31, 2007, to December 31, 2008, for these companies was 49,298 bringing the total number of customers in 2008, to 3,220,391 as shown in Figure No. 4-5. 51 applied building science, with state-of-the-art laboratories in which to do testing and applied research. Advanced Energy is a non-profit corporation that helps utility, industrial and residential customers improve the return on their energy investment. Offering consulting, testing, and training, it develops innovative solutions to unique problems. The primary mission of Advanced Energy is to increase efficiency and productivity in industries, businesses, and homes as they transform energy into goods, services, and environmental conditioning. Advanced Energy was originally known as Alternative Energy Corporation, or AEC. It was founded by the North Carolina Utilities Commission in 1980--a time when electric rates had been rising due to increased power plant construction. The Utilities Commission saw AEC as a way to help the utilities avoid building new power plants by exploring alternative ways of producing electricity and by getting more work out of the electricity already available. On June 1, 1997, the North Carolina Alternative Energy Corporation or AEC, became Advanced Energy, a name change approved in Docket No. E-100, Sub 37. With the cooperation of the state’s major electric utilities, the Utilities Commission set up funding to come from the electric ratepayers of the state--an investment equivalent to about $.39 per person per year. The money is collected by member utilities and then passed along to Advanced Energy. The members are Progress Energy Carolinas, Duke Power Company, Nantahala Power & Light Company, North Carolina’s electric cooperatives, and Dominion North Carolina. The corporation is governed by a Board of Directors with seven members appointed by the governor of North Carolina and five directors named by the member utilities. In the years since 1980, Advanced Energy has carried out hundreds of projects for all sectors of the economy, including agriculture, industry, commercial, residential, governments and nonprofits, education, and utilities. The emphasis on innovation and efficiency has not changed as Advanced Energy continues to build on a foundation of D. ANNUAL CUSTOMER USE The annual consumption of kilowatthours per residential customer in 2008 for the three major companies was 13,584 kWhs. This was a 2.4% decrease from 2007. The U.S. average annual residential consumption of kilowatt-hour for 2008 was 11,040. This is 23.0% lower than the North Carolina residential average usage. The average cost per kilowatthour for North Carolina residential customers is 8.79 cents versus the national average of 11.26 cents. The average monthly electricity use by North Carolina residential customers of major electric companies is 1,132 kilowatt-hours compared to the U.S. average of 920. Residential customers constitute about 85% of the total electric customers in the State. Figure No. 4-7 illustrates the residential electric service for the three major companies, breaking down the average kWh usage per customer and cents per kWh and the N. C. average price per kWh in cents by each company for the years 1999-2008. E. COMPARISON OF RESIDENTIAL MONTHLY BILLS AVERAGE In Figure No. 4-9 a typical residential electric bill as of January 1, 2009, from North Carolina is compared to nine selected states from across the country. These states include Alabama, California, Florida, Indiana, Maine, Michigan, Ohio, South Carolina, and Virginia. For 2009 North Carolina is the second lowest at the 500 kWh, 750 kWh, and the 1,000 kWh levels. In 2008 North Carolina was second lowest at the 500, 750 and 1,000 kWh levels. In a comparison with the United States average, North Carolina monthly bills are lower for 500 kWh, 750 kWh and 1,000 kWh. The electric utilities have service area-wide rates for respective residential, commercial, and industrial customer classes in North Carolina. F. ADVANCED ENERGY CORPORATION Located in Raleigh, North Carolina, Advanced Energy focuses on industrial process technologies, motors and drives testing, and 52 Qualifying Facilities: In 1978 the Federal Public Utility Regulatory Policies Act (PURPA) challenged the Federal Energy Regulatory Commission and the State regulatory authorities to encourage the development of cogeneration and small power production. The regulated electric utilities are required to purchase the electricity generated by these qualifying cogeneration and small power production facilities, but are not required to pay more than the avoided costs for purchases. Avoided cost means the incremental costs to an electric utility of electric energy or capacity or both which it would generate itself or purchase from another source. At the present, the three largest power companies in North Carolina are working with customers who generate some of their own needs for electrical power, thus lowering peak loads. Cogeneration facilities simultaneously produce two forms of useful energy such as electric power and steam. An example of manufacturing cogeneration is a furniture manufacturing plant which not only uses process steam in its manufacturing activities but also uses the same steam in order to generate electricity. Cogeneration facilities use significantly less fuel to produce electricity and steam (or other forms of energy) than would be needed to produce the two separately. Thus by using fuels more efficiently, cogeneration facilities can make a significant contribution to the nation's effort to conserve its energy resources. Small power production facilities may use biomass, waste, and renewable resources including wind, solar, and water to produce electric power. These energy sources may eventually have the potential of producing cheaper electricity. For example, the sun's rays or flowing water may have little or no fuel costs, as contrasted with the generally increasing cost of fossil fuels or nuclear fuel typically used by regulated utilities in their generating plants. The Commission's Order dated June 3, 1980, enumerated as part of its responsibilities the determination of the rates, charges, and conditions for the sale of electricity and qualifying cogenerators or small power expertise and achievement in applied building science, motors and drive testing, and industrial process technologies. G. GENERATING CAPABILITY Nuclear Power: Progress Energy’s three nuclear plants generated 24.1 million megawatt-hours of electricity for Progress retail customers during 2008, or 40% of Progress’ total energy resources. Duke’s three nuclear plants generated 40.9 million megawatt-hours of electricity for Duke retail customers during 2008, or 45% of Duke’s total energy resources. Both Progress and Duke also generated additional nuclear power for other North Carolina based wholesale suppliers of electricity. Dominion North Carolina Power’s two nuclear plants generated 26.0 million megawatt-hours of electricity during 2008, or 30% of its total energy resources. Overall, about 43% of the electricity consumed by retail utility customers in North Carolina during 2008 was generated by nuclear power. Fossil Generation: Progress Energy generated 28.3 million megawatt-hours of electricity during 2008 using coal-fired steam generation, or 47% of Progress’ total energy resources. By contrast, Duke generated 45.5 million megawatt-hours, or 50% of its total energy resources, using such generation. Likewise, Dominion North Carolina Power generated 28.8 million megawatt-hours, or 34% of its total energy resources, using such generation. Roughly 49% of the electricity consumed by retail utility customers in North Carolina during 2008 was generated by coalfired steam. Other fossil fuel resources utilized by the utilities include oil or natural gas-fired combustion turbines and combined cycle facilities. Such facilities usually contribute a small amount, typically around 2% of the electricity consumed in the State, although they represent a much more significant percentage of the generating capacity available to each utility. Facilities such as combustion turbines are used primarily for peak-load generation and for standby capacity. 53 North Carolina operating expenses, including taxes for the major companies, decreased 0.2% in 2008 over 2007, and the net operating income for 2008 decreased 1.1% from the previous year. Total company net income available for common shareholders of the major companies was $7,900,145,000 for 2008 compared to $7,498,706,000 for 2007. The number of common shares outstanding at year-end was 369,441,000 in 2008. The earnings per share (year-end outstanding) at December 31, 2008, were $21.38. Total salaries and wages paid North Carolina employees by major companies for 2008 was $1,125,214,000, an increase of 14.6% from 2007. In 2008 the number of employees residing in North Carolina was 12,511 compared to 12,003 in 2007. producers in North Carolina. In addition the Commission will determine the relative responsibilities of utilities and qualifying facilities with respect to system protection, service reliability, and other matters affecting such service. Every two years the Commission reviews and updates the orders. The Commission determines separate avoided cost rates to be paid by Progress, Duke, N.C. Power (Vepco), and Western Carolina University to their respective qualifying facilities which are interconnected with them. Other related matters involving terms and conditions of service, contractual arrangements, and interconnection charges have also been reviewed and approved. H. SOURCE AND DISPOSITION OF THE ELECTRIC OPERATING REVENUE DOLLAR Both the source and disposition of the 2008 electric operating revenue dollar are shown by the pie charts on Figure No. 4-10. In 2008, fuel costs, (excluding purchased power) required 29.7 cents while the remaining operation and maintenance costs required 24.3 cents. Shown in Figure No. 4-11 is comparative data reflecting the components percentage-wise for both the source and disposition of the electric operating revenue dollar for 2008. The chart in Figure No. 4-12 shows the fuel costs as a percent of total operational and maintenance expenses for the period 2003-2008. I. ENERGY SALES The major companies’ total energy sales in North Carolina reflected an increase of 8.8% in 2008 with more than 118 billion kilowatt-hours sold. Figure No. 4-13 shows energy sales by class of customer for the years 2003-2008. J. STATISTICAL SUMMARY DATA As shown in Figure No. 4-14, the total operating revenues for North Carolina operations for the major electric utilities decreased 0.3% in 2008 compared to 2007. 54 Figure No. 4-5 Customer Growth for Major Electric Companies 2,000,000 1,500,000 1,000,000 500,000 0 CP&L Duke 2004 2005 Nantahala 2006 2007 NC Power 2008 Nantahala information is now included with Duke Energy. 55 FIGURE NO. 4-6 Average Annual Residential Consumption (kWh/Customer) 2002, 2003, 2004, 2005, 2006, 2007 and 2008 (Four Privately Owned Major Utilities Only) UTILITIES N.C. Statewide Average N.C. (Charlotte & Raleigh)(a) S.C. (Columbia & Charleston)(b) U. S. Average 2002 13,588 13,691 12,894 10,884 N.C. (Charlotte & Raleigh) Higher/Lower(-) than S.C. (Columbia & Charleston) Higher than U.S. Average 2003 13,124 13,202 12,238 10,872 2004 13,629 13,699 12,492 10,896 2005 13,942 13,996 12,964 11,256 2006 13,318 13,365 12,420 11,040 2007 13,922 13,968 12,383 10,896 2008 13,584 13,560 11,939 11,040 6.2% 7.9% 9.7% 8.0% 7.6% 12.8% 13.6% 24.8% 20.7% 25.1% 23.9% 20.6% 27.8% 23.0% (a) Charlotte--Served by Duke Power Co. Raleigh--Served by CP&L Simple average of the two used (b) Columbia & Charleston Served by S.C. Electric & Gas Co. Simple average of the two used SOURCES: N.C. Statewide Average--Computed from FERC Form No. 1: Annual Report of Major Electric Utilities Data N.C. (Charlotte & Raleigh)--Computed from FERC Form No. 1: Annual Report of Major Electric Utilities Data S.C. (Columbia & Charleston)--S.C. Electric & Gas Co. U.S. Average--Calculated From Table 5. U.S. Average Monthly Bill by Sector, Census Division and State, 2008, The Energy Information Administration web site. 56 Figure No. 4-7 Residential Electric Service - Major Co 10.00 9.00 8.00 7.00 Cents 6.00 5.00 4.00 3.00 2.00 1.00 0.00 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Average kWh Usage Per Customer and Cents Per kWh 1999 2000 12,809 13,338 7.61 7.61 2001 12,706 7.74 2002 13,588 7.77 2003 13,124 7.88 2004 13,629 7.98 2005 13,942 8.13 2006 13,318 8.42 2007 13,922 8.72 2008 13,584 8.79 Average Price of One kWh in Cents by Company CP&L Duke Nantahala NC Power 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 7.93 7.34 7.54 8.24 7.90 7.36 7.39 8.35 8.04 7.47 7.64 8.46 8.13 7.46 7.65 8.51 8.26 7.55 7.74 8.59 8.32 7.66 7.83 8.83 8.55 7.77 7.95 8.78 9.03 7.94 8.30 8.82 9.41 8.18 8.65 9.27 9.57 8.22 * 8.94 *Nantahala data is included with Duke beginning with 2008. 57 FIGURE NO. 4-8 General Rate Increases Approved for Electric Companies For the Year 2008 Company Date Filed Docket Number Amount Requested (000s) Amount Approved (000s) % Approved of Amount Requested None $0 Total 58 $0 Date of Final Order FIGURE NO. 4-9 COMPARATIVE TYPICAL RESIDENTIAL ELECTRIC BILLS NINE SELECTED STATES, NORTH CAROLINA, AND U.S. AVERAGE STATE AVERAGE MONTHLY BILLS-RESIDENTIAL SERVICE (Cities of 2,500 Population and Over) Data as of January 1 of each year STATE: 2003 500 kWh Assumed Consumption 2004 2005 2006 2007 2008 2009 2003 750 kWh Assumed Consumption 2004 2005 2006 2007 2008 2009 2003 1000 kWh Assumed Consumption 2004 2005 2006 2007 2008 2009 North Carolina Alabama California Florida Indiana Maine Michigan Ohio South Carolina Virginia United States $49.54 42.98 58.83 43.94 45.04 69.79 39.92 40.06 48.34 38.99 45.40 $44.85 43.79 58.31 47.82 43.16 67.55 41.93 46.01 45.07 39.82 46.83 $45.73 44.42 58.86 49.72 45.39 70.04 41.99 46.08 44.37 40.95 49.21 $45.89 51.49 60.27 56.61 48.24 72.15 45.42 50.62 47.51 41.54 54.64 $47.87 54.62 64.22 57.86 50.14 77.49 48.87 52.00 48.77 46.72 56.91 $47.73 57.50 64.56 59.31 53.70 84.07 50.70 54.96 50.60 46.80 59.74 $51.59 69.37 65.45 66.58 57.18 88.12 53.44 57.13 53.58 47.97 62.10 $69.78 60.07 95.77 61.88 60.84 104.69 58.23 59.26 69.20 54.85 65.02 $63.74 61.30 93.19 67.69 57.25 101.33 60.97 68.19 64.24 56.06 67.06 $63.74 61.30 93.19 67.69 57.25 101.33 60.97 68.19 64.24 56.06 70.56 $65.23 71.61 101.64 80.84 64.54 108.21 66.37 75.30 67.90 58.64 79.83 $68.16 76.27 111.60 82.71 68.23 116.22 71.51 77.37 68.79 66.25 82.19 $67.77 82.15 109.22 84.18 73.38 126.11 74.10 81.56 72.46 66.03 86.03 $73.46 96.47 116.17 95.79 78.60 132.17 77.54 84.87 76.92 68.68 89.94 $90.02 74.21 129.91 80.40 76.64 139.58 76.56 74.19 89.40 69.62 83.93 $82.62 75.83 128.20 88.16 71.36 135.11 80.13 88.62 82.74 71.41 86.77 $82.62 75.83 128.20 88.16 71.36 135.11 80.13 88.62 82.74 71.41 91.50 $84.57 88.76 141.90 105.07 80.82 144.29 87.33 96.69 87.34 74.85 106.19 $88.47 94.95 152.85 107.57 86.32 154.96 94.15 99.31 90.14 85.04 106.58 $95.34 106.80 148.74 106.07 93.07 168.15 97.52 104.53 93.39 84.72 111.54 $87.80 120.58 164.65 124.99 100.03 176.23 101.73 108.77 99.34 88.46 116.83 N. C. Rank (Low to High) (10 States Listed) 8th lowest 5th lowest 5th lowest 3rd lowest 2nd lowest 2nd lowest 2nd lowest 8th lowest 5th lowest 5th lowest 3rd lowest 2nd lowest 2nd lowest 2nd lowest 8th lowest 5th lowest 5th lowest 3rd lowest 3rd lowest 2nd lowest 2nd lowest N. C. Rank (Low to High) (50 States & DC) 36th lowest 28th lowest 28th lowest 21st lowest 20th lowest 18th lowest 19th lowest 37th lowest 27th lowest 27th lowest 20th lowest 20th lowest 16th lowest 20th lowest 37th lowest 30th lowest 30th lowest 19th lowest 21st lowest 17th lowest 20th lowest % U.S. Average Higher/Lower(-) Than NC Average -9.12% 4.23% 7.07% 16.01% 15.88% 20.10% 16.92% -7.32% 4.95% 9.67% 18.29% 17.07% 21.23% 18.32% Source: "Typical Electric Bills" for applicable years--Edison Electric Institute 59 -7.26% 4.78% 9.70% 20.36% 16.99% 14.52% 24.85% FIGURE NO. 4-10 Source and Disposition of the Operating Revenue Dollar 2008 Electric Companies (N. C. Operations Only) SOURCE: Other, 5.5% Sales for Resale, 13.3% Residential, 38.1% Industrial, 14.8% Commercial, 28.3% DISPOSITION: Preferred Dividends, Common Stock 0.1% Earnings, 10.1% Interest, 4.6% Fuel Costs, 29.7% General Taxes, 5.1% Income Taxes, 6.9% Depreciation, 11.4% Purchased Power , 8.0% Other Oper. & Maint., 24.3% 60 FIGURE NO. 4-11 2008 SOURCE AND DISPOSITION OF THE OPERATING REVENUE DOLLAR MAJOR ELECTRIC COMPANIES NORTH CAROLINA OPERATIONS ONLY (DOLLARS IN 000s) SOURCE: Residential Commercial Industrial Sales for Resale Other Total REVENUE $3,274,752 2,429,739 1,274,304 1,146,495 470,460 $8,595,750 DISPOSITION: Fuel Costs Purchased Power Other Oper. & Maint. Depreciation Income Taxes General Taxes Interest Common Stock Earnings Preferred Dividends Total $2,552,066 684,805 2,085,869 977,372 590,757 438,210 395,920 868,166 2,585 $8,595,750 % OF TOTAL 38.1% 28.3% 14.8% 13.3% 5.5% 100.0% 29.7% 8.0% 24.3% 11.4% 6.9% 5.1% 4.6% 10.1% 0.1% 100.0% FIGURE NO. 4-12 FUEL COSTS (DOLLARS IN 000s) ITEM Fuel Costs (1) Purchased Power Costs (Fuel and Nonfuel) Other Operating & Maintenance Expenses Total Operating & Maintenance Expenses Fuel Costs as a % of Total Operating & Maintenance Expenses (2) 2003 $889,562 446,791 2,328,822 $3,665,175 24.3% 2004 2005 2006 2007 2008 $1,561,358 $1,988,374 $2,107,888 $2,373,410 $2,552,066 433,017 488,146 508,902 531,536 684,805 2,327,929 1,838,670 1,977,886 2,177,335 2,085,869 $4,322,304 $4,315,190 $4,594,676 $5,082,281 $5,322,740 36.1% 46.1% 45.9% 46.7% 47.9% (1) Source: FERC Form No. 1: Annual Report of Major Electric Utilities (2) Fuel Costs percentage does not include Purchased Power 61 Figure No. 4-13 Energy Sales by Class-Major Companies 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Residential Commercial 2003 2004 Industrial 2005 2006 62 2007 2008 Other FIGURE NO. 4-14A MAJOR ELECTRIC COMPANIES--NORTH CAROLINA DATA AND SELECTED SYSTEMWIDE DATA Income Statement, Balance Sheet, and Other Statistical Items (Dollars in 000s) For the Years 2002, 2003, 2004, 2005, 2006, 2007 and 2008 Item No. of Companies Regulated and Included in this Data INCOME STATEMENT (NC ONLY): Income Items: Residential Sales Commercial Sales Industrial Sales Sales for Resale All Other Operating Revenue Total Operating Revenue Expense Items: Power Production Expense Transmission Expense Distribution Expense Customer Accounts Expense Customer Service & Informational Expense Sales Expense Administrative & General Expense Depreciation Expense Total Expenses Before Taxes State Taxes: Income Tax Gross Receipts Tax Property Tax Other Operating Taxes Total State Taxes Federal Taxes: Income Tax Provision for Deferred Income Tax Income Tax Deferred in Prior Years Investment Tax Credit Payroll, Unemployment, & Other Federal Taxes Total Federal Taxes Total State & Federal Taxes Other Operating Expenses Total Operating Expenses Net Operating Income Other Income & Expenses: Other Income Allowance for Funds Used During Construction Deductions From Income Taxes on Other Income Net Other Income & Expense N/COMP = Not Comparable 2002 2003 4 2004 4 2005 4 2006 4 2007 4 % Change 2007-2008 2008 4 3 $2,605,954 1,890,080 1,261,053 952,126 307,480 $7,016,693 $2,600,014 1,935,826 1,230,988 1,027,427 212,721 $7,006,976 $2,755,030 2,020,426 1,280,413 869,139 343,967 $7,268,975 $2,937,881 2,116,027 1,306,167 1,221,376 359,365 $7,940,816 $2,961,784 2,217,942 1,303,702 1,034,655 457,138 $7,975,221 $3,276,683 2,436,484 1,337,112 1,160,637 412,442 $8,623,358 $3,274,752 2,429,739 1,274,304 1,146,495 470,460 $8,595,750 (0.1) (0.3) (4.7) (1.2) 14.1 (0.3) $2,603,359 80,265 247,215 114,125 26,834 10,982 600,968 1,111,005 $4,794,753 $2,630,575 84,282 251,806 117,155 25,271 9,432 546,654 1,193,347 $4,858,522 $2,710,123 73,285 215,278 105,340 31,609 5,381 526,995 799,928 $4,467,939 $3,218,462 72,338 251,005 99,932 37,803 3,733 631,917 883,930 $5,199,120 $3,503,942 69,022 208,082 96,836 32,059 3,641 681,094 923,752 $5,518,428 $3,999,573 83,408 224,113 98,158 26,008 4,067 646,954 1,314,463 $6,396,744 $4,147,793 98,004 240,181 97,042 25,625 2,865 664,689 977,372 $6,253,571 3.7 17.5 7.2 (1.1) (1.5) (29.6) 2.7 (25.6) (2.2) (58.7) (0.3) (4.8) 8.9 (6.5) $77,234 194,798 91,649 133,738 $497,419 $79,559 191,993 93,898 (97,553) $267,897 $71,639 206,823 98,650 23,081 $400,193 $106,012 212,218 98,767 104,947 $521,944 $67,520 217,088 106,132 135,603 $526,343 $61,895 232,792 109,529 102,655 $506,871 $25,569 232,179 104,297 111,780 $473,825 $533,876 (138,548) (36,417) (19,309) 82,718 $422,320 $919,739 $463,887 80,515 0 (22,644) 80,932 $602,690 $870,587 $396,826 94,136 0 (15,160) 2,985 $478,787 $878,980 $654,293 $6,001,212 $1,267,763 $660,743 (210,346) 0 (14,920) 3,314 $438,791 $960,735 $422,270 $6,582,125 $1,358,691 $504,161 (90,116) (39,204) (12,351) 3,344 $365,834 $892,177 $326,192 $6,736,797 $1,238,424 $503,142 8,143 0 (11,837) 4,194 $503,642 $1,010,513 ($65,029) $7,342,228 $1,281,130 $88,640 476,548 0 (11,460) 1,414 $555,142 $1,028,967 $46,542 $7,329,080 $1,266,670 (82.4) N/COMP N/COMP (3.2) (66.3) 10.2 1.8 (171.6) (0.2) (1.1) $670,679 15,283 154,872 (90,431) $621,521 $896,383 18,711 126,794 (74,236) $862,536 $237,414 25,374 85,389 (1,903) $179,302 $68,106 43,035 91,754 (11,576) $30,963 $51,363 96,448 57,023 (21,898) $112,686 (24.6) 124.1 (37.9) 89.2 263.9 $5,714,492 $1,302,201 $5,729,109 $1,277,867 $458,829 ($1,213,000) 37,283 31,628 210,607 284,802 (23,036) (95,144) $308,541 ($1,371,030) 63 FIGURE NO. 4-14B MAJOR ELECTRIC COMPANIES--NORTH CAROLINA DATA AND SELECTED SYSTEMWIDE DATA Income Statement, Balance Sheet, and Other Statistical Items (Dollars in 000s) For the Years 2002, 2003, 2004, 2005, 2006, 2007 and 2008 Item Fixed Charges: Interest on Funded Debt Other Fixed Charges AFUDC Total Fixed Charges Extraordinary Income: Net Income BALANCE SHEET: Assets: Utility Plant Depreciation Reserve Net Plant Nonutility Property Other Investments Cash Temporary Cash Investments Customer Accounts Receivable Plant Material & Operating Supplies Prepayments Interest & Dividends Receivable Other Current & Accrued Assets Unamortized Debt Expense Miscellaneous Deferred Debits Accumulated Deferred Income Taxes Other Deferred Debits Total Assets Liabilities & Stockholder's Equity: Liabilities: Accounts Payable Notes Payable Total Long-Term Debt Taxes Accrued Miscellaneous & Accrued Liabilities Other Current & Accrued Liabilities Accumulated Deferred Investment Tax Credit Accumulated Deferred Income Tax Other Deferred Credits Total Liabilities 2002 $385,963 31,476 35,880 $381,559 0 $1,229,183 2003 2004 $392,933 38,683 12,363 $419,253 (225,280) ($737,696) $372,949 26,673 6,759 $392,863 0 $1,496,421 2005 $379,833 25,797 11,470 $394,160 (2,193) $1,824,874 2006 $395,756 11,806 12,373 $395,189 0 $1,022,537 2007 $403,452 (1,917) 21,185 $380,350 (5,270) $926,473 2008 % Change 2007-2008 $454,401 35,248 45,345 $444,304 0 $935,052 12.6 N/COMP 114.0 16.8 N/COMP 0.9 $25,636,068 $26,264,182 $27,151,348 $28,470,284 $29,552,672 11,581,528 11,551,909 11,793,527 12,422,667 12,986,859 $14,054,540 $14,712,273 $15,357,821 $16,047,617 $16,565,813 54,872 81,674 79,095 86,606 86,248 10,780,554 10,271,096 11,327,616 11,252,034 2,369,665 32,870 15,964 23,746 22,762 41,335 3,264 302,595 204,706 339,496 212,208 699,144 409,834 602,505 850,825 679,754 370,647 380,255 414,791 438,384 459,853 313,722 409,653 579,059 165,080 108,747 40,772 307 296 1,243 742 1,752,817 2,337,781 2,403,096 2,661,995 2,726,854 18,397 16,935 37,267 32,249 27,010 207,596 67,393 862,263 892,563 853,287 1,523,471 1,572,992 1,774,064 2,196,488 1,952,642 158,548 155,171 174,984 176,060 144,223 $30,011,214 $30,733,923 $33,841,309 $35,163,402 $26,228,381 $32,070,130 14,616,408 $17,453,722 104,019 2,560,675 30,149 7,304 918,482 517,620 44,069 9,370 2,927,940 31,678 861,831 2,010,129 141,757 $27,618,745 $35,162,319 15,858,949 $19,303,370 97,678 1,913,367 26,903 284,190 1,179,647 577,800 75,991 23,711 4,187,464 42,999 846,554 2,144,888 130,633 $30,835,195 9.6 8.5 10.6 (6.1) (25.3) (10.8) N/COMP 28.4 11.6 72.4 N/COMP 43.0 35.7 (1.8) 6.7 (7.8) 11.6 $715,525 $572,786 $640,914 $761,711 $1,075,141 562,175 109,577 307,696 116,105 38,141 6,761,933 8,074,681 7,238,148 7,594,163 7,163,552 167,363 (71,265) (14,741) 191,194 119,797 1,168,985 3,207,039 3,844,759 4,196,472 4,029,398 176,585 142,795 498,328 468,619 535,453 269,705 246,444 233,728 223,159 209,179 3,908,112 3,878,077 4,095,190 4,611,751 4,216,080 1,697,098 1,320,940 1,898,553 1,532,430 1,233,880 $15,427,481 $17,481,074 $18,742,575 $19,695,604 $18,620,621 $1,008,385 260,190 7,223,902 254,614 4,066,651 571,569 201,074 4,391,599 984,258 $18,962,242 $904,183 115,304 8,797,002 29,472 5,217,168 139,935 192,507 5,110,272 693,587 $21,199,430 (10.3) (55.7) 21.8 (88.4) 28.3 (75.5) (4.3) 16.4 (29.5) 11.8 N/COMP= Not Comparable 64 FIGURE NO. 4-14C MAJOR ELECTRIC COMPANIES--NORTH CAROLINA DATA AND SELECTED SYSTEMWIDE DATA Income Statement, Balance Sheet, and Other Statistical Items (Dollars in 000s) For the Years 2002, 2003, 2004, 2005, 2006, 2007 and 2008 Item Stockholder's Equity: Preferred Stock Common Stock Other Paid in Capital Retained Earnings Other Total Stockholder's Equity Total Liabilities & Stockholder's Equity STATISTICAL INFORMATION (N.C. ONLY): Systems Sales to Ultimate Consumer (kWh in 000s) System Sales for Resale (kWh in 000s) Total Sales to Ultimate Customers & For Resale (000s) Total Customers--Yearly Average Average Number kWhs Used per Residential Customer Average Revenue per kWh--Residential Customer (cents) Number of Employees Residing in N. C. Wages & Salaries Paid N. C. Employees SYSTEMWIDE DATA: Operating Revenues Operating Expenses Net Operating Income Net Other Income (Expense) Net Income Preferred Dividends Net Income for Common Shareholders STATISTICAL INFORMATION (SYSTEMWIDE): Long-Term Debt Total Capitalization Long-Term Debt % of Total Capitalization Shares of Common Stock Outstanding-Year End (000s) Average Earnings Per Share--Shares at Year End (After Preferred Stock Dividends) 2002 2003 2004 2005 2006 2007 2008 180,354 156,412 156,609 59,093 59,349 60,885 61,539 8,668,051 8,533,753 9,807,902 9,443,024 1,615,503 1,662,739 1,688,158 197,666 191,059 226,864 318,992 2,697,522 2,750,187 2,835,894 2,450,838 2,102,493 1,754,565 3,057,387 3,508,663 4,358,150 5,374,170 3,086,824 2,269,132 3,152,794 2,589,302 (273,277) (175,458) (323,996) $14,583,733 $13,252,849 $15,098,734 $15,467,798 $7,607,760 $8,656,503 $9,635,765 $30,011,214 $30,733,923 $33,841,309 $35,163,402 $26,228,381 $27,618,745 $30,835,195 % Change 2007-2008 1.1 1.5 3.1 23.3 84.7 11.3 11.6 100,274,950 91,758,912 94,891,449 96,636,387 95,317,418 99,015,592 23,995,215 24,204,526 19,482,314 22,229,808 20,415,452 22,881,235 124,270,165 115,963,438 114,373,763 118,866,195 115,732,870 121,896,827 3,064,431 2,953,236 2,979,660 3,043,072 3,107,726 3,171,093 13,588 13,124 13,629 13,942 13,318 13,996 7.77 7.88 7.98 8.13 8.42 8.13 13,771 12,884 12,330 12,228 12,003 12,003 $1,015,842 $996,293 $1,041,595 $979,657 $1,042,404 $982,230 97,207,479 20,493,767 117,701,246 3,220,391 13,584 8.79 12,511 $1,125,214 (1.8) (10.4) (3.4) 1.6 (2.9) 8.1 4.2 14.6 $13,440,187 $13,496,765 $14,011,400 $15,098,100 $15,107,293 $16,371,448 10,782,259 10,919,510 9,436,369 8,138,946 9,663,529 8,968,839 $2,657,928 $2,577,255 $4,575,031 $6,959,154 $5,443,764 $7,402,609 (114,304) (2,287,535) 450,898 625,163 285,473 77,412 $2,543,624 $289,720 $5,025,929 $7,584,317 $5,729,237 $7,480,021 $17,213,609 9,569,164 $7,644,445 236,077 $7,880,522 5.1 6.7 3.3 205.0 5.4 31,150 $2,574,774 (28,313) $318,033 $12,900,997 $15,028,367 25,485,365 23,076,142 50.6 65.1 (27,693) $5,053,622 (31,042) $7,615,359 (18,685) $5,747,922 (18,685) (19,623) 5.0 $7,498,706 $7,900,145 5.4 $1,388,796 $13,543,005 $13,432,296 $14,454,239 26,632,247 27,417,484 18,110,804 20,194,782 51.8 49.4 74.2 71.6 $16,888,299 35,121,853 48.1 16.8 73.9 (32.8) 1,270,398 1,286,400 1,352,840 1,323,740 395,857 395,857 369,441 (6.7) $2.03 $0.25 $3.74 $5.75 $14.52 $18.94 $21.38 12.9 N/COMP = Not Comparable 65 V. THE NATURAL GAS INDUSTRY 67 FIGURE NO. 5-2 NORTH CAROLINA GAS COMPANIES As of December 31, 2009 CARDINAL PIPELINE COMPANY, LLC c/o Public Service Gas Company of NC, Inc. P. O. Box 1398 GASTONIA, NORTH CAROLINA 28053-1398 (704)834-6466 FRONTIER ENERGY, LLC 1927 BRIDGE STREET ELKIN, NORTH CAROLINA 28621-2105 (910)526-2690 PIEDMONT NATURAL GAS COMPANY, INC. P. O. BOX 33068 CHARLOTTE, NORTH CAROLINA 28233-3068 (704)731-4286 PUBLIC SERVICE COMPANY OF NORTH CAROLINA, INC. P. O. BOX 1398 GASTONIA, NORTH CAROLINA 28053-1398 (704)834-6556 MUNICIPAL GAS AUTHORITY OF GEORGIA/CITY OF TOCCOA, GEORGIA CITY OF TOCCOA P. O. BOX 579 203 N. ALEXANDER STREET TOCCOA, GEORGIA 30577 (706)886-8451 FIGURE NO. 5-3 N. C. MUNICIPAL GAS SYSTEMS As of December 31, 2009 Bessemer City, City of 132 West Virginia Avenue Bessemer City, North Carolina 28016-2399 Monroe, City of P. O. Box 69 Monroe, North Carolina 28111-0069 Greenville Utilities Commission P. O. Box 1847 Greenville, North Carolina 27835-1847 Rocky Mount, City of P. O. Drawer 1180 Rocky Mount, North Carolina 27802-1180 Kings Mountain, City of P. O. Box 429 Kings Mountain, North Carolina 28086-0429 Shelby, City of P. O. Box 207 Shelby, North Carolina 28151-0207 Lexington, City of P. O. Box 649 Lexington, North Carolina 27293-0649 Wilson, City of P. O. Box 10 Wilson, North Carolina 27894-0010 68 transportation of natural gas supplies, in oil and gas exploration and development, and in the sale of propane and associated products, commercial and industrial coal and fuel oil, and residential and commercial gas appliances. Piedmont is headquartered in Charlotte, North Carolina. Frontier Energy LLC, (Frontier) was granted a Certificate of Public Convenience and Necessity to construct, own, and operate an intrastate pipeline and local distribution system to serve Surry, Wilkes, Yadkin, and Watauga Counties on January 30, 1996. Ashe and Alleghany Counties were added to Frontier Utilities’ certificated territory on August 16, 1996. Frontier received certification to construct and operate a natural gas transmission and distribution system in Warren County in Docket No. G-38, Sub 1, on March 27, 1997. Frontier’s North Carolina operations serve an estimated 2,798 square miles and 757 customers. On September 13, 2007, the Commission issued an order (1) approving the purchase of all shares of stock of Frontier Utilities of North Carolina, Inc. (FUNC), the immediate parent company of Frontier Energy, by Energy West, Inc., (2) authorizing the transfer of control of all of Frontier Energy’s rights and obligations under all certificates of public convenience and necessity issued by the Commission to Frontier Energy, (3) terminating any and all rights and obligations of Sempra Energy, the parent company of FUNC, regarding its financing and ownership of Frontier Energy, and (4) approving the financing and ownership of Frontier Energy by Energy West. Frontier is headquartered in Elkin, North Carolina. Toccoa Natural Gas (Toccoa) provided service to 460 customers in and around Franklin in Macon County, North Carolina in 2008. Toccoa is a municipal corporation in the state of Georgia and serves nearly 7,000 customers, most of them in Georgia. Toccoa was granted certification in December of 1998. THE NATURAL GAS INDUSTRY A. A BRIEF HISTORY OF THE NATURAL GAS INDUSTRY The North Carolina Utilities Commission regulated four natural gas local distribution companies (LDCs) in 2008. They were as follows: Piedmont Natural Gas Company, Inc.; PSNC Energy; Frontier Energy, LLC; and Toccoa Natural Gas. Figure No. 5-1 is a map illustration of natural gas service areas in North Carolina. Figure No. 5-2 is a list of the regulated companies and Figure No. 5-3 is a list of the North Carolina Municipal Gas Systems. PSNC Energy (PSNC) was incorporated in 1938, and served approximately 467,862 natural gas customers in 26 counties in the piedmont and mountain areas of North Carolina in 2008. Public Service Company of North Carolina became a wholly owned subsidiary of SCANA Corporation to become PSNC Energy as approved by Commission Order dated December 7, 1999, in Docket No. G-5, Sub 400. PSNC continues to maintain and issue its own debt and remains a separate entity from SCANA with its own Commission approved capital structure. The 31-county service area is approximately 10,000 square miles with a population of more than 2,300,000. PSNC delivers natural gas products and services to residential, commercial, industrial, transportation, and electric power generation customers as well as to other local distribution companies. Public Service is headquartered in Gastonia, North Carolina. Piedmont Natural Gas Company, Inc. (Piedmont) is a diversified energy and services company primarily engaged in the purchase, distribution, and sale of natural and propane gas to more than one million residential, commercial, and industrial customers in North Carolina, South Carolina, and Tennessee. Of these, 663,924 are North Carolina customers. Piedmont and its subsidiaries are also engaged in the acquisition, marketing, and 69 of ultimate consumers in millions of dekatherms by the North Carolina regulated natural gas companies for the years 20032008 by major customer classification. Figure No. 5-8 is a summary of natural gas sales of dekatherms and revenues, by customer classification for the years 2003-2008. In 2008 industrial sales totaled more than 13 million dekatherms. This reflects a 7.0% increase from the 2007 sales. Total industrial sales of dekatherms accounted for 5.8% of total natural gas sales in North Carolina by the regulated natural gas companies. Residential sales accounted for 26.4% of the total dekatherm sales; an increase of 10.0%. Figure No. 5-9 shows total customer growth, total revenues from the dekatherms of gas sold and transported by the LDCs, and the municipal gas systems for the years 2007 and 2008. The municipals experienced a .2% decrease in the number of customers in 2008 over 2007, while the regulated gas utilities increased by 1.6%. Revenues from the sales of gas in 2008 increased at a rate of 15.6% for the regulated gas companies and increased at a rate of 4.8% for the municipals. The quantity of gas sold and transported in terms of dekatherms in 2008 increased 4.2% for the regulated companies and increased 3.4% for the municipals, for a combined increase of 4.1%. In addition to natural gas sold to customers, the LDCs also transport gas for end users. This transported gas is neither bought nor sold by the LDCs, but is transported to the ultimate consumer at a rate that will not reduce margin to the LDC. Since 1983 when gas transported for others was about 1.4% of all gas delivered to ultimate consumers, this portion at 2008 constituted 120,230,000 dekatherms or 51.1% of all gas delivered to ultimate consumers. See Figure No. 5-8A. PSNC and Piedmont Natural Gas Company, Inc., formed Cardinal Pipeline Company, LLC in March 1994 to construct an intrastate transmission pipeline. This 24inch diameter natural gas pipeline was placed into service on December 31, 1994, and extends 37.5 miles from a connection with Transcontinental Gas Pipeline Corporation (TRANSCO) near Reidsville to Burlington where it connects to pipelines of PSNC and Piedmont. A second project is a 65-mile extension of the pipeline to a point southeast of Raleigh. Pine Needle LNG Company, LLC (Pine Needle), was formed by Transco, Piedmont, NCNG, Amerada Hess, PSNC, and the Municipal Gas Authority of Georgia to own and operate a liquefied natural gas storage facility with a capacity of four billion cubic feet. The Federal Energy Regulatory Commission issued an order granting a certificate on November 27, 1996, authorizing construction. B. PLANT EXPANSION INVESTMENT AND The LDCs continued expansion of services by investing in the plant facilities for the 2008 calendar year. As of December 31, 2008, their combined North Carolina total gross investment for the year was $3,634,161,000. This represents an increase of 7.0% from the preceding year. Figure No. 5-4 shows the gross plant investment for the natural gas companies for the period 1978-2008. C. GROWTH TRENDS--CUSTOMERS, REVENUES, VOLUME In 2008 the annual average number of natural gas utility customers increased 1.6% from the previous year. Figure No. 5-5 shows numerically the customers by classification for the years 1980-2008. Figure No. 5-6 shows graphically the customer growth for the years 2002-2008 by major customer classification. Figure No. 5-7 shows graphically the sales volume of natural gas to the classes 70 D. COMPARISONS OF RESIDENTIAL BILLS, USAGE, AND COST PER DEKATHERM MECHANISMS FOR TRACKING MARGIN FLUCTUATIONS, GAS COST CHANGES, AND OTHER REVENUE CHANGES: Following is a list of trackers and mechanisms authorized by the North Carolina Utilities Commission to allow recovery of changes in gas costs, exploration, and margin fluctuations for the natural gas utilities. Rider D: The Rider D mechanism was approved by the Commission in 1986 and gave companies an opportunity to offset losses resulting from customers negotiating lower gas prices in lieu of purchasing alternate fuel. PSNC and Piedmont made proposals and were granted the Rider D mechanism. In 1988 Piedmont dropped the mechanism and implemented its Purchased Gas Adjustment Procedures. Under the Rider D, the purchased gas adjustment procedure enables the LDC to negotiate lower rates with customers and to recover any margin losses resulting thereof by spot market purchases. In summary the Rider D allows losses in margin, resulting from negotiating prices downward, to be offset by savings achieved through the company purchasing lower cost spot gas. In 1991, G.S. 62-133.4 was amended which led to Commission Rule R1-17(k)3 which in effect establishes all LDCs with a “Rider D” type mechanism. Weather Normalization Adjustment (WNA) was approved by the Commission in the 1991 general rate cases of Piedmont and NCNG and began in the 1991-1992 winter heating season. The mechanism adjusts heat-sensitive customers’ bills to reflect normal weather during the winter heating season. Monthly credits or surcharges are made to customers’ bills based on the deviation of actual heating degree days from that of long-term normal weather. The adjustments surcharged to heat-sensitive The average annual usages and cost data for the North Carolina natural gas companies are shown in Figure No. 5-10. E. GAS SITUATIONS, CASES TRACKINGS, SPECIAL AND GENERAL RATE Wholesale Price Changes: Pursuant to authority granted to the Utilities Commission in G.S. 62-133 by the 1971 General Assembly, the Commission, in Docket No. G-100, Sub 14, established procedures under which gas companies in North Carolina could pass on to their customers wholesale increases in the cost of gas to them by their pipeline suppliers. This tracking authority has reduced the amount and number of general rate cases filed with the Commission during the years since 1972. It has also reduced the lag time the companies would have experienced in recouping the increased gas costs which have a direct impact on the companies’ level of earnings. Figure No. 5-11 shows the gas tracking changes approved by the Commission for the calendar year 2008. Special Situations: These gas trackings can be both increases and decreases in the cost of wholesale gas from pipeline suppliers. The distributing companies maintain a “deferred” account in which the changes in cost of gas from the filed tariff rate are accounted for, and at an appropriate time applications to receive or refund the net effect are made with the Commission. The tracking proceedings under which these pass-ons are allowed involves filing of data by gas utilities essentially in the same format as filing for general rate proceedings. This data is reviewed and analyzed by both the Commission and Public Staff’s Engineering and Accounting Divisions. 71 customers by the LDCs for the fiscal years’ heating season were as follows: The Company’s previous rate structure created a conflict between the interests of the Company and its customers when it came to conservation. While conservation benefits customers by reducing the amount of gas they use, conservation has the potential to harm the Company and its shareholders because it reduces the ability of the Company to recover it approved margin and to provide the return reasonably expected by the Company’s shareholders. This conflict, which is due to the highly volumetric rate structure, is not in the public interest. In past rate cases, the Commission has approved increases in the monthly fixed charge component of Piedmont’s rates for its residential and commercial customers in order to partially address risks from a predominantly volumetric rate structure, even though such increases are not popular with some, if not most, customers. On October 24, 2008, in Docket No. G-5, Sub 311, the Commission issued an Order Approving Partial Rate Increase and Requiring Conservation Filing and Reporting in Docket No. G-5, Sub 495. That order approved the establishment of the CUT for PSNC and a corresponding termination of the WNA rider in PSNC’s tariffs. The implementation of the CUT allows the Company to earn the margin the Commission determined it should earn in the last general rate case without the use of higher monthly charges. When customers use more gas than determined in the rate case, there is a credit (reduction) in the CUT account, which is held separate by Piedmont. Similarly, when customers use less gas than determined in the rate case, there is a surcharge (increase) in customers’ CUT account. Twice a year, in April and November, the Company is permitted to adjust rates to either collect shortfalls or refund overcharges depending on the CUT balance. In addition, declining margin recovery resulting from declining per customer usage creates pressure to file for more frequent and larger rate increases. 1991-1992 $14,349,016 1992-1993 $ 1,471,616 1993-1994 $ 1,082,904 1994-1995 $13,761,829 1995-1996 ($16,846,280)* 1996-1997 $14,334,699 1997-1998 $ 7,452,870 1998-1999 $22,624,110 1999-2000 $17,095,698 2000-2001 ($11,395,880) 2001-2002 $26,171,684 2002-2003 ($12,694,637) 2003-2004 ($ 3,531,406) 2004-2005 $ 9,586,007 2005-2006 $ 6,106,235 2006-2007 $ 9,709,726 2007-2008 $ 9,880,436 *Colder than normal weather for the 19951996 winter resulted in this first time net credit to gas customers. In 2005 Piedmont was allowed to discontinue the WNA and substitute it with a Customer Utilization Tracker Mechanism (CUT). PSNC’s WNA was discontinued by Order in Order No. G-5, Sub 311, dated October 24, 2008, and replaced with a Customer Utilization Tracker mechanism. Customer Utilization Tracker: The Customer Utilization Tracker (CUT) was approved in Piedmont Natural Gas Company, Inc.’s (Piedmont’s) last general rate case, which became effective November 1, 2005. The reasoning behind the implementation of the CUT was to recognize that residential customer usage of natural gas is declining, while the cost of each unit (therm) of gas has increased. By North Carolina Law, a public utility like Piedmont is allowed to recover its costs plus a reasonable profit (called margin). Since the vast majority of Piedmont’s costs are fixed in nature and do not vary with customer usage, its ability to recover those cost is highly dependent on customer usage and the charge per therm. 72 amendment was added to Section 62-50 of the General Statutes which authorized the North Carolina Utilities Commission to administer a state program pertaining to the design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities used to transport natural gas in North Carolina. The procedures and standards adopted by the North Carolina Utilities Commission as authorized under Section 62-50 is known as the North Carolina Gas Pipeline Safety Code. This code is a mandatory requirement under state law and noncompliance by any persons engaged in the transportation of gas or persons who own or operate pipeline facilities are subject to a civil penalty not to exceed $25,000 per violation for each day that such violations persist, except that the maximum civil penalty shall not exceed $500,000 for any related series of violations. The law also provides authority for the Commission to file suit to restrain violations of the Code, including the restraint of transportation of gas for the operation of the pipeline facilities. The North Carolina Gas Pipeline Safety Code is comprised of five basic sections: Part 191 (Report of Leaks), Part 192 (Minimum Federal Safety Standards), Part 193 (Liquefied Natural Gas Facilities) Part 198 (Grants), and Part 199 (Drug Enforcement). In order to comply with the certification of the Secretary of Transportation, the Commission must adopt as part of its Code all minimum federal safety standards. There are five major gas utilities, eight municipal gas systems, three landfill gas systems, one intrastate transmission system, three LNG facilities and seven cities or towns which have Public Housing Authorities gas systems in North Carolina. These systems comprise 81 inspection units which are inspected on an annual basis for compliance with the North Carolina Gas Pipeline Safety Code. These systems include 3,337 miles of transmission mains and 27,703 miles of distribution mains Rate cases are substantial, lengthy and expensive undertakings ultimately paid for by ratepayers. The CUT helps alleviate the frequency of rate cases. Benefits and results from the CUT mechanism include: customer savings from utilization of smaller amounts of natural gas; a credit to customer in the event of colder than normal weather (higher than anticipated usage); the creation of downward pressure on short-term wholesale gas rates from lower demand; enhanced opportunities for utilities to recover their fixed costs and a better opportunity to earn their allowed return; enhancement of state policies to increase economic development; enhanced abilities for state public utility commissioners to support larger state policy objectives (such as conservation); and finally, the implementation of the CUT allowed the companies to discontinue the Weather Normalization Adjustment (WNA) that has been in Piedmont’s and PSNC’s rates. Rate Cases: There were two general rate cases filed in 2008. See Figure No. 5-12. F. NATURAL GAS PIPELINE SAFETY History and Overview: Public Law 90-481, better known as the Natural Gas Pipeline Safety Act of 1968 was passed on August 12, 1968, by the United States Congress. This Act authorized the Secretary of Transportation to administer this law, develop standards, and regulate enforcement of such standards for the design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities. Section 60105A of this Act authorized each state to regulate these minimum standards through certification by the Secretary of Transportation providing certain provisions are met. Section 62-50 (Safety Standards of Interstate and Intrastate Natural Gas Pipelines) was enacted as Chapter 1134 of the 1967 Session Laws and became effective on January 1, 1968. In the 1969 Legislature an 73 serving 1,320,173 customers in North Carolina. Enforcement Activity: Taking into consideration the fact that there were multiple inspectors working on the same day on different inspections during 2008, the Gas Pipeline Safety Section of the Commission spent the equivalent of 460 days inspecting 39 natural gas operators. Of the 81 units inspected, 12 violations were detected. By the end of the year, all of the violations had been corrected. The cost of conducting the pipeline program for 2008 was $528,430 of which $320,583 was refunded to the State from the US Department of Transportation. G. SOURCE AND DISPOSITION OF THE GAS REVENUE DOLLAR Shown in Figure No. 5-13 is a comparison chart reflecting both the source and disposition of the gas revenue dollar for the years 2000 through 2008. In Figure No. 5-14 this same information is illustrated in pie charts for both the source and disposition of the gas revenue dollar for 2008. H. STATISTICAL SUMMARY DATA The total gross operating revenues for the Class A natural gas North Carolina companies was almost $1.8 billion in 2008. Operating expenses including taxes increased 16.8% in 2008. The average number of full-time employees in 2008 totaled 2,168, a decrease of 16 people or .7% from 2007. The total wages paid these employees equaled $132,518,000, an 8.8% increase from the previous year. Figure No. 5-15C has additional financial and operating statistical data for the years 2003 through 2008. 74 FIGURE NO. 5-4 NATURAL GAS COMPANIES--CLASS A GROSS PLANT INVESTMENTS--YEAR-END DATA ($000s) (N.C. Data Only) 1978-2008 Year North Carolina Piedmont Public United Natural NUI North Natural Service Co. Cities Gas Company Carolina Gas Gas Company of N. C. Gas Company 1978 1979 1980 1981 1982 66,859 70,393 76,058 82,091 87,482 5,595 5,826 6,284 6,406 6,660 125,140 132,120 147,546 160,032 174,280 129,207 137,009 151,932 165,475 184,661 1983 1984 1985 1986 1987 92,729 98,956 113,096 128,428 134,465 6,834 7,061 7,439 7,828 8,114 189,714 206,014 224,957 245,324 272,499 1988 1989 1990 1991 1992 144,351 154,895 170,993 191,473 215,178 8,697 9,634 11,218 12,676 13,586 1993 1994 1995 1996 1997 230,135 251,709 269,313 287,838 316,087 14,628 19,451 20,663 22,380 23,350 1998 1999 2000 2001 2002 351,157 388,398 483,800 552,897 572,865 24,544 27,075 28,049 28,590 ** 2003 2004 2005 2006 2007 2008 Percent Change 2008 over 2007 565,314 585,512 *** 329,811 348,559 385,762 418,354 453,083 5.0 5.7 10.7 8.4 8.3 % % % % % 199,101 219,625 239,663 257,193 284,795 488,378 531,656 585,155 638,773 699,873 7.8 8.9 10.1 9.2 9.6 % % % % % 315,292 351,261 390,001 426,338 466,994 319,834 359,734 394,597 421,091 448,345 788,174 875,524 966,809 1,051,578 1,144,103 12.6 11.1 10.4 8.8 8.8 % % % % % 515,571 578,395 625,004 682,364 725,366 485,634 516,390 567,478 624,195 680,505 1,245,968 1,365,945 1,482,458 1,616,777 1,745,308 8.9 9.6 8.5 9.1 7.9 % % % % % 774,695 836,974 915,736 964,298 1,052,018 737,629 768,285 1,253,297 1,319,641 1,131,321 1,888,025 2,020,732 2,680,882 2,865,426 2,756,204 8.2 7.0 32.7 6.9 (3.8) % % % % % 1,053,101 1,085,849 1,789,038 1,868,977 2,008,432 2,165,606 1,153,381 1,178,486 1,228,979 1,314,920 1,389,014 1,468,555 2,771,796 2,849,847 3,018,017 3,183,897 3,397,446 3,634,161 0.6 2.8 5.9 5.5 6.7 7.0 % % % % % % 7.8 5.7 7.0 * Public Service Company of N.C., Inc., purchased United Cities Gas Co. in 1982. ** NUI was transferred to Piedmont in 2002. *** N.C. Natural Gas was purchased by Piedmont. 75 3,010 3,211 3,942 4,350 * Totals % Change From Prior Year % FIGURE NO. 5-5 CUSTOMERS BY CLASSIFICATION (YEARLY AVERAGE) (N.C. Data Only) 1980-2008 Other Classes 15,140 14,979 14,962 15,095 15,532 Totals 349,298 360,151 371,720 384,154 397,032 % Change From Prior Year 4.9 % 3.1 % 3.2 % 3.3 % 3.4 % Year 1980 1981 1982 1983 1984 Residential 294,343 304,072 314,108 324,569 335,249 Commercial 37,904 39,108 40,624 42,364 44,147 Industrial 1,911 1,992 2,026 2,126 2,104 1985 1986 1987 1988 1989 348,331 367,393 399,056 413,519 448,928 45,770 48,605 52,465 55,176 59,453 2,535 2,913 2,938 2,988 2,724 15,222 15,099 15,098 14,346 14,210 411,858 434,010 469,557 486,029 525,315 3.7 5.4 8.2 3.5 8.1 % % % % % 1990 1991 1992 1993 1994 474,592 501,729 532,458 561,391 582,563 63,470 66,201 68,445 70,839 72,275 2,637 2,679 3,206 3,317 3,716 14,024 13,534 12,937 12,076 12,298 554,723 584,143 617,046 647,623 670,852 5.6 5.3 5.6 5.0 3.6 % % % % % 1995 1996 1997 1998 1999 614,539 637,024 700,643 731,530 770,320 75,036 86,898 92,956 94,252 98,402 4,609 3,204 4,684 6,070 4,361 11,018 10,976 10,654 59,057 59,953 705,202 738,102 808,937 890,909 933,036 5.1 4.7 9.6 10.1 4.7 % % % % % 2000 2001 2002 2003 2004 801,241 818,992 838,461 882,829 910,642 100,684 92,968 93,754 97,257 99,434 3,781 1,902 1,953 2,000 1,966 53,014 58,996 61,016 1,797 1,734 958,720 972,858 995,184 983,883 1,013,776 2.8 1.5 2.3 (1.1) 3.0 % % % % % 944,085 977,768 1,006,986 1,024,439 101,203 102,317 103,326 104,554 1,803 1,969 1,937 1,361 1,524 1,548 1,564 1,432 1,048,615 1,083,602 1,113,813 1,131,786 3.4 3.3 2.8 1.6 % % % % 2005 2006 2007 2008 Percent Change 2008 over 2007 1.7 % 1.2 % (29.7) % 76 (8.4) % 1.6 % Figure No. 5-6 Gas Companies--Customer Growth By Classes Annual Average for Years 2002- 2008 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 2002 2003 Residential 2004 2005 Commercial 77 2006 Industrial 2007 Other 2008 Figure No. 5-7 Gas Company Energy Sales by Classes 150,000 140,000 130,000 120,000 110,000 100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 Residential Commercial 2003 2004 Industrial 2005 78 2006 Other 2007 Total 2008 FIGURE NO. 5-8 A Summary of Natural Gas Deliveries of Dekatherms Revenues and Customers by Classification with Percent of Totals Shown Calendar Years 2003, 2004, 2005, 2006, 2007 and 2008 Sales--DTs (000s) Residential Commercial Industrial Other Total Sales Gas Transported for Others Total Throughput of Gas Revenues: ($000s) Residential Commercial Industrial Other Sales Total Sales of Gas Gas Transported for Others Other Operating Revenues Total Revenues Customers: (Annual Average) Residential Commercial Industrial Other Total Customers Sales--DTs (000s) Residential Commercial Industrial Other Total Sales Gas Transported for Others Total Throughput of Gas Revenues: ($000s) Residential Commercial Industrial Other Sales Total Sales of Gas Gas Transported for Others Other Operating Revenues Total Revenues Customers: (Annual Average) Residential Commercial Industrial Other Total Customers 2006 53,727 35,547 12,121 2,057 103,452 108,704 212,156 % of Total 25.3 % 16.8 5.7 1.0 48.8 51.2 100.0 % 2007 56,638 35,438 14,540 2,066 108,682 117,099 225,781 % of Total 25.1 % 15.7 6.4 0.9 48.1 51.9 100.0 % 2008 62,216 38,663 13,553 574 115,006 120,230 235,236 % of Total 26.4 % 16.4 5.8 0.2 48.9 % 51.1 100.0 % $862,978 463,684 125,825 16,110 1,468,597 96,153 7,600 $1,572,350 54.9 % 29.5 8.0 1.0 93.4 6.1 0.5 100.0 % $853,810 432,783 140,268 15,958 1,442,819 97,129 10,614 $1,550,562 55.1 % 27.9 9.0 1.0 93.0 6.3 0.7 100.0 % $992,864 526,779 156,903 6,662 1,683,208 95,823 12,988 $1,792,019 55.4 % 29.4 8.8 0.4 94.0 5.3 0.7 100.0 % 977,768 102,317 1,969 2,086 1,084,140 90.2 % 9.4 0.2 0.2 100.0 % 1,006,986 103,326 1,937 1,564 1,113,813 90.4 % 9.3 0.2 0.1 100.0 % 1,024,439 104,554 1,361 1,432 1,131,786 90.5 % 9.3 0.1 0.1 100.0 % 2003 67,153 41,599 16,317 10,634 135,703 77,085 212,788 % of Total 31.6 % 19.5 7.7 5.0 63.8 36.2 100.0 % 2004 60,586 38,696 14,729 10,377 124,388 91,587 215,975 % of Total 28.1 % 17.9 6.8 4.8 57.6 42.4 100.0 % 2005 61,883 39,461 14,320 4,243 119,907 102,570 222,477 % of Total 27.8 % 17.7 6.5 1.9 53.9 46.1 100.0 % $735,767 393,817 130,079 64,876 1,324,539 71,365 84,347 $1,480,251 49.7 % 26.6 8.8 4.4 89.5 4.8 5.7 100.0 % $739,824 394,629 122,630 70,034 1,327,117 86,874 2,442 $1,416,433 52.2 % 27.9 8.7 4.9 93.7 6.1 0.2 100.0 % $934,100 512,000 162,642 45,495 1,654,237 95,392 14,495 $1,764,124 53.0 % 29.0 9.2 2.6 93.8 5.4 0.8 100.0 % 882,829 97,257 2,000 1,797 983,883 89.7 % 9.9 0.2 0.2 100.0 % 910,642 99,434 1,966 1,734 1,013,776 89.8 % 9.8 0.2 0.2 100.0 % 944,085 101,203 1,803 1,524 1,048,615 90.0 % 9.7 0.2 0.1 100.0 % 79 FIGURE NO. 5-8 B Percent Change in Deliveries of Gas: (Dekatherms) Sales--DTs (000s) Residential Commercial Industrial Other Total Sales Gas Transported for Others Total Throughput of Gas Sales--DTs (000s) Residential Commercial Industrial Other Total Sales Gas Transported for Others Total Throughput of Gas 2006 53,727 35,547 12,121 2,057 103,452 108,704 212,156 2003 67,153 41,599 16,317 10,634 135,703 77,085 212,788 2007 56,638 35,438 14,540 2,066 108,682 117,099 225,781 2006-2007 % Change 5.4 % (0.3) 20.0 0.4 5.1 % 7.7 6.4 % 2004 60,586 38,696 14,729 10,377 124,388 91,587 215,975 2003-2004 % Change (9.8) % (7.0) (9.7) (2.4) (8.3) % 18.8 1.5 % 80 2008 62,216 38,663 13,553 574 115,006 120,230 235,236 2007-2008 % Change 9.8 % 9.1 (6.8) (72.2) 5.8 % 2.7 4.2 % 2005 61,883 39,461 14,320 4,243 119,907 102,570 222,477 2004-2005 % Change 2.1 % 2.0 (2.8) (59.1) (3.6) % 12.0 3.0 % 2006 53,727 35,547 12,121 2,057 103,452 108,704 212,156 2005-2006 % Change (13.2) % (9.9) (15.4) (51.5) (13.7) % 6.0 (4.6) % FIGURE NO. 5-9 REGULATED AND MUNICIPAL GAS SYSTEMS Total Number of Customers, Total Revenue from Sales and Transportation of Gas, and Total Dekatherms Sold ($, Dekatherms in 000s) COMPANY Total Number of Customers Yearly Average % Change 2007 2008 2007-2008 Total Revenues From Sales and Transportation of Gas (000's) % Change 2007 2008 2007-2008 Total Dekatherms of Gas Sold and Transported (000's) % Change 2007 2008 2007-2008 Class A: Piedmont Natural Gas Public Service Co. of N.C. Total--Regulated Utilities 656,538 663,924 457,275 467,862 1,113,813 1,131,786 1.1 % 970,654 1,121,743 2.3 579,908 670,276 1.6 % $1,550,562 $1,792,019 15.6 % 15.6 15.6 % 156,451 69,330 225,781 163,595 71,631 235,226 4.6 % 3.3 4.2 % Municipals: Bessemer City Greenville, City of Kings Mountain, City of Lexington, City of Monroe, City of Rocky Mount, City of Shelby, City of Wilson, City of Total--Municipals GRAND TOTALS--ALL GAS SYSTEMS 1,383 1,351 26,709 27,376 3,797 3,834 12,044 12,405 11,856 12,180 18,113 17,052 10,418 10,432 14,196 13,649 98,516 98,279 1,212,329 1,230,065 (2.3) % $1,414 $1,538 2.5 46,278 53,462 1.0 7,007 8,094 3.0 25,790 25,489 2.7 19,286 19,940 (5.9) 29,526 28,531 0.1 18,759 20,017 (3.9) 22,336 21,491 (0.2) % $170,396 $178,562 1.5 % $1,720,958 $1,970,581 8.8 % 15.5 15.5 (1.2) 3.4 (3.4) 6.7 (3.8) 4.8 % 14.5 % 147 2,794 698 3,792 3,095 1,858 2,931 1,386 16,704 242,485 77 3,732 690 3,686 3,066 1,764 2,880 1,373 17,269 252,495 (47.6) % 33.5 (1.2) (2.8) (0.9) (5.0) (1.8) (1.0) 3.4 % 4.1 % Municipal data for fiscal years ended June 30. NA = Not Available N/COMP = Not Comparable 81 FIGURE NO. 5-10 RESIDENTIAL NATURAL GAS CUSTOMERS' AVERAGE DEKATHERM USAGE AND COST DATA North Carolina and Selected Gas Companies Outside North Carolina For the Years 2003, 2004, 2005, 2006, 2007 and 2008 Company N. C. Gas Companies: (N.C. Data Only) 2003 Annual Dekatherm Use* 2004 2005 2006 2007 2008 2003 Rate per Dekatherm 2004 2005 2006 2007 Piedmont Natural Gas Co., Inc. 81 68 66 55 56 61 10.46 11.82 14.96 Public Service Co. of N.C., Inc. 71 66 65 55 56 60 11.78 12.52 15.29 Average 76 67 66 55 56 61 $10.96 $12.21 $15.09 * Note: Dekatherm use figures have been rounded, therefore, the total annual cost is not exact. NA - Not Available 82 16.45 15.49 $16.06 15.13 15.00 $15.07 2008 2003 2004 15.78 16.21 $15.99 847.26 836.39 $832.70 803.96 826.26 $818.15 TOTAL ANNUAL COST 2005 2006 2007 987.56 993.74 $996.26 905.00 852.21 $883.43 832.16 824.85 $829.12 2008 962.62 972.84 $829.12 FIGURE NO. 5-11 GAS TRACKING CHANGES APPROVED 2008 Date Filed Docket No. Piedmont Natural Gas Company, Inc. 04/01/08 06/01/08 10/01/08 G-9, Sub 551 G-9, Sub 553 G-9, Sub 555 $80,236,814 $200,592,035 ($220,655,176) $1.0190 $2.5475 ($2.8023) Public Service Company of NC, Inc. 06/01/08 07/01/08 10/01/08 11/01/08 G-5, Sub 496 G-5, Sub 498 G-5, Sub 500 G-5, Sub 501 $84,187,532 $94,713,056 ($105,234,415) ($42,093,766) $2.0220 $2.2748 ($2.5275) ($1.0110) Company Total Increase/ (Decrease) Increase/ (Decrease) Per Dekatherm $91,746,080 83 FIGURE NO. 5-12 GENERAL RATE INCREASES APPROVED GAS COMPANIES 2008 Amount Requested ($) Amount Approved ($) % Approved Of Amount Requested Date of Final Order Company Date Filed Docket No. Piedmont Natural Gas Company, Inc. 03/31/08 G-9, Sub 550 $40,516,128 $15,680,886 38.70% 10/24/08 Public Service Company of NC, Inc. 03/31/08 G-5, Sub 495 $20,441,501 $728,277 3.56% 10/24/08 $60,957,629 $16,409,163 26.92% Total 84 FIGURE NO. 5-13 SOURCE AND DISPOSITION OF THE OPERATING REVENUE DOLLAR (N.C. DATA ONLY) For the Years 2000-2008 Source Residential Commercial Industrial Other Total 2000 43% 23% 19% 15% 100% 2001 49% 26% 9% 16% 100% 2002 47% 23% 13% 17% 100% 2003 50% 27% 9% 14% 100% 2004 52% 28% 9% 11% 100% 2005 53% 29% 9% 9% 100% 2006 55% 30% 8% 7% 100% 2007 55% 28% 9% 8% 100% 2008 55% 29% 9% 7% 100% Disposition Cost of Purchased Gas Other Operating Expenses Depreciation & Amortization Income Taxes General Taxes Interest & Preferred Dividends Common Stock Earnings Total 2000 66% 14% 7% 3% 2% 3% 5% 100% 2001 81% 3% 7% 3% 2% 2% 2% 100% 2002 84% 2% 12% 4% 1% 2% -5% 100% 2003 67% 14% 6% 4% 1% 3% 5% 100% 2004 65% 16% 6% 3% 1% 1% 8% 100% 2005 72% 13% 5% 3% 1% 1% 5% 100% 2006 65% 15% 6% 3% 2% 0% 9% 100% 2007 64% 15% 6% 3% 2% -2% 12% 100% 2008 78% 0% 6% 4% 2% -1% 11% 100% 85 Figure No. 5-14 Source and Disposition of the Revenue Dollar Gas Companies (North Carolina Data Only) for 2008 SOURCE: Other Sales, 1.1% Industrial, 8.8% Commercial, 29.4% Residential, 55.4% Gas Transported for Others, 5.3% DISPOSITION: Common Stock Earnings, -1.1% Interest, 11.0% General Taxes, 1.7% Income Taxes, 3.7% Other Operating Expenses, 0.0% Depreciation & Amortization, 6.3% Cost of Purchased Gas, 78.4% 86 FIGURE NO. 5-15A CLASS A GAS COMPANIES INCOME STATEMENT, BALANCE SHEET, AND CUSTOMER STATISTICS For the Years 2003, 2004, 2005, 2006, 2007 and 2008 ITEM Number of Companies Regulated Number Included in This Data INCOME STATEMENT (000s): Sales--Residential Commercial Industrial Other Sales Total Sales of Gas Gas Transported for Others Other Operating Revenues Total Gas Operating Revenues Expense Items: Production Expense Transmission Expense Distribution Expense Customer Accounts Expense Sales Expense Administrative & General Expense Depreciation Expense Natural Gas Storage Customer Service & Informational Expense Other Expense Total Operating Expenses Before Taxes State Taxes: Income Tax Gross Receipts Tax Property Tax Total State Taxes Federal Taxes: Income Tax Provision for Deferred Taxes Investment Tax Credit Payroll, Unemployment & Other Federal Taxes Total Federal Taxes Total State & Federal Taxes Total Operating Expenses Net Operating Income Other Income & Expenses Other Income Allowance for Funds Used During Construction Deductions from Income Taxes on Other Income & Deductions Total Other Income & Expense Fixed Charges Interest on Funded Debt Other Fixed Charges Allow. for Borrowed Funds Used During Construction Total Fixed Charges Extraordinary Items Net Income N/C = Not Comparable 2003 2004 7 3 2005 6 3 2006 5 2 2007 4 2 % Change 2007-2008 2008 4 2 4 2 $735,767 393,817 130,079 64,876 1,324,539 71,365 84,347 $1,480,251 $739,824 394,629 122,630 70,034 1,327,117 86,874 2,442 $1,416,433 $934,100 512,000 162,642 45,495 1,654,237 95,392 14,495 $1,764,124 $862,978 463,684 125,825 16,110 1,468,597 96,153 7,600 $1,572,350 $853,810 432,783 140,268 15,958 1,442,819 97,129 10,614 $1,550,562 $992,864 526,779 156,903 6,662 1,683,208 95,823 12,988 $1,792,019 16.3 % 21.7 11.9 (58.3) 16.7 (1.3) 22.4 15.6 % $990,467 7,071 50,780 38,878 7,543 104,343 88,473 3,034 454 708 $1,291,751 $924,976 7,328 53,352 38,185 6,595 111,786 88,160 2,783 650 15 $1,233,830 $1,242,351 6,295 55,915 37,351 6,847 114,670 90,297 3,057 923 292 $1,557,998 $1,022,300 6,376 56,671 34,943 6,471 120,356 94,351 2,674 1,957 146 $1,346,245 $1,002,048 7,828 58,378 30,032 7,316 122,085 94,765 2,452 3,916 185 $1,329,005 $1,219,822 9,285 60,608 27,847 8,858 124,064 98,756 2,584 2,393 (328) $1,553,889 21.7 % 18.6 3.8 (7.3) 21.1 1.6 4.2 5.4 (38.9) (277.3) 16.9 % $5,662 N/A N/A $5,662 $8,328 N/A N/A $8,328 47.1 % N/C N/C 47.1 % $33,892 7,750 (550) 25,920 $67,012 $72,674 $1,401,679 $148,883 $36,633 12,344 (482) 26,487 $74,982 $83,310 $1,637,199 $154,820 $10,371 N/A N/A $10,371 $7,292 N/A N/A $7,292 $7,330 N/A 4,960 $12,290 $40,417 3,949 (662) 22,278 $65,982 $76,353 $1,368,104 $112,147 $26,267 7,715 (656) 21,796 $55,122 $62,414 $1,296,244 $120,189 $38,576 6,519 (632) 18,343 $62,806 $75,096 $1,633,094 $131,030 $9,398 128 5,274 $14,800 $46,307 (1,943) (561) 20,098 $63,901 $78,701 $1,424,946 $147,404 8.1 N/C (12.4) 2.2 11.9 14.6 16.8 4.0 % % % % % $25,850 2,386 1,736 6,263 $20,237 $26,538 2,307 7,515 7,448 $13,882 $28,475 2,536 3,034 8,762 $19,215 $31,276 3,373 2,103 11,526 $21,020 $37,889 3,217 1,013 14,037 $26,056 $42,702 3,289 2,606 16,191 $27,194 12.7 % 2.2 157.3 15.3 4.4 % $52,528 6,239 209 $58,976 0 $73,408 $51,204 4,713 193 $55,724 0 $78,347 $51,424 4,181 205 $55,400 0 $94,845 $54,771 10,028 276 $64,523 0 $103,901 $57,334 12,788 402 $69,720 0 $105,219 $59,131 9,759 440 $68,450 0 $113,564 3.1 % (23.7) 9.5 (1.8) % N/C 7.9 % 87 FIGURE NO. 5-15B CLASS A GAS COMPANIES INCOME STATEMENT, BALANCE SHEET, AND CUSTOMER STATISTICS For the Years 2003, 2004, 2005, 2006, 2007 and 2008 2003 BALANCE SHEET (000s): Utility Plant in Service Construction Work in Progress Acquisition Adjustments Total Utility Plant Depreciation Reserve Net Utility Plant $2,771,796 54,008 0 $2,825,804 943,002 $1,882,802 $2,849,847 63,240 0 $2,913,087 1,004,209 $1,908,878 $3,018,017 81,024 0 $3,099,041 940,578 $2,158,463 $3,183,897 80,124 0 $3,264,021 983,635 $2,280,386 $3,397,446 65,705 0 $3,463,151 1,052,813 $2,410,338 $3,634,161 54,038 0 $3,688,199 1,142,917 $2,545,282 7.0 % (17.8) N/C 6.5 % 8.6 5.6 % $759 0 49,762 $50,521 $5,761 8,073 (24) 320,328 5,860 8,480 (86) 24,796 61,798 73,302 0 2,976 2,186 91,219 $2,526,272 $658 0 2,842 $3,500 $8,380 8,282 60 304,043 4,758 8,355 (20) 8,444 55,839 89,026 0 21,703 54,864 97,119 $2,563,715 $512 0 (22,084) ($21,572) $14,044 1,484 53 466,977 4,232 9,731 43 10,308 81,844 119,114 0 32,765 74,440 90,987 $3,034,449 $413 0 (35,022) ($34,609) $8,855 567 202 282,233 3,054 11,400 (179) 5,297 103,285 119,310 0 4,483 31,128 170,361 $2,979,665 $340 0 (27,490) ($27,150) $24,310 67 547 310,926 2,292 11,244 (85) 1,425 104,333 115,565 0 4,818 38,751 163,561 $3,156,358 $259 0 (61,360) ($61,101) $31,706 68 197 372,140 2,337 10,794 320 0 154,342 147,892 0 4,666 58,641 146,618 $3,409,228 (23.8) N/C 123.2 N/C 30.4 % 1.5 (64.0) 19.7 2.0 (4.0) N/C (100.0) 47.9 28.0 N/C (3.2) 51.3 (10.4) 8.0 % 261,675 670,228 0 1,361 $933,264 $737,859 313,815 138,393 19,857 7,115 8,539 36,837 5,059 231,275 1,404 92,854 $1,593,007 $2,526,271 393,099 657,445 0 31,199 $1,081,743 $734,454 174,748 192,202 22,784 7,886 8,531 37,618 4,359 248,198 1,192 50,000 $1,481,972 $2,563,715 396,224 645,936 0 66,836 $1,108,996 $710,380 315,455 287,869 24,167 10,170 21,951 225,603 3,704 261,388 59,203 5,563 $1,925,453 $3,034,449 355,131 629,612 0 92,855 $1,077,598 $840,565 264,984 190,828 27,081 8,296 23,070 224,267 3,061 278,387 28,489 13,039 $1,902,067 $2,979,665 335,397 649,985 (629) 133,571 $1,118,324 $846,277 359,381 188,369 27,913 23,725 23,816 212,702 2,571 298,646 61,726 (7,092) $2,038,034 $3,156,358 342,277 628,658 0 190,918 $1,161,853 $1,010,293 366,503 176,898 28,557 30,021 24,209 270,030 2,174 336,704 (76,289) 78,275 $2,247,375 $3,409,228 Other Property & Investments: Nonutility Property - Net Investments in Associated Companies Other Investments Total Other Property & Investments Cash Special Deposits Working Funds Customer Accounts Receivable Less Accum. Prov. for Uncollectible Acct. Credit Materials, Supplies, Merchandise Stores Expense Undistributed Temporary Cash Investments Gas Stored Underground Liquified Natural Gas Stored Deferred Cost of Purchased Gas Prepayments Miscellaneous Current & Accrued Assets Other Assets Total Assets Liabilities & Stockholder's Equity : Common Stock Other Paid-in Capital Premium on Capital Stock Retained Earnings Total Stockholder's Equity Total Long-Term Debt Notes Payable Accounts Payable Customer Deposits Taxes Accrued Interest Accrued Other Current and Accrued Liabilities Accumulated Deferred Investment Tax Credits Accumulated Deferred Income Taxes Miscellaneous Noncurrent Other Liabilities Total Liabilities Total Liabilities & Stockholder's Equity 2004 88 2005 2006 2007 2008 % Change 2007-2008 ITEM 2.1 (3.3) N/C 42.9 3.9 19.4 2.0 (6.1) 2.3 26.5 1.7 27.0 (15.4) 12.7 (223.6) (1,203.7) 10.3 8.0 % % % % FIGURE NO. 5-15C CLASS A GAS COMPANIES INCOME STATEMENT, BALANCE SHEET, AND CUSTOMER STATISTICS For the Years 2003, 2004, 2005, 2006, 2007 and 2008 ITEM SYSTEMWIDE DATA: BALANCE SHEET ITEMS (000s): Long-Term Debt Retained Earnings Total Capitalization Long-Term Debt % of Total Captialization Average Number of Common Shares Outstanding (Actual) Earnings Per Average Common Shares Outstanding (After Preferred Dividends) CUSTOMER AND MISCELLANEOUS DATA (NC DATA): Average Annual Use--Residential Customers (DTs) Total Residential Customers Grand Total--All Type Customers Average Number Full-Time Employees Total Salaries and Wages Paid Employees ($000s) Average Annual Compensation Per Employee 2003 2004 $737,859 $1,361 $1,671,123 44.2% 34,176 $734,454 $31,199 $1,816,198 40.4% 34,176 2005 $710,380 $66,836 $1,819,376 39.0% 54,336 2006 $840,565 $92,855 $1,918,163 43.8% 52,940 2007 $846,277 $133,571 $1,964,601 43.1% 52,940 2008 $1,240,415 $270,638 $2,402,268 51.6% 74,354 $2.17 $2.29 $1.75 $1.96 $1.99 $1.53 76 882,829 983,883 2,024 $98,189 $48,512 67 910,642 1,013,776 2,374 $121,712 $51,269 66 944,085 1,048,615 2,296 $88,912 $38,725 55 977,768 1,083,605 2,266 $126,299 $55,737 56 1,006,986 1,113,813 2,184 $121,759 $55,750 61 1,024,439 1,131,786 2,168 $132,518 $61,125 N/C = Not Comparable 89 % Change 2007-2008 46.6 102.6 22.3 19.7 40.4 % % % % % (23.1) % 8.9 1.7 1.6 (0.7) 8.8 9.6 % % % % % % VI. THE COMMUNICATIONS INDUSTRY FIGURE NO. 6-1 LOCAL EXCHANGE TELEPHONE COMPANIES UNDER THE JURISDICTION OF THE NORTH CAROLINA UTILITIES COMMISSION AS OF JANUARY 1, 2010 Barnardsville Telephone Company P. O. Box 22995 Knoxville, TN 37933-0995 Saluda Mountain Telephone Company P. O. Box 22995 Knoxville, TN 37933-0995 BellSouth Telecommunications, Inc. P. O. Box 30188 Charlotte, NC 28230-0188 Service Telephone Company P. O. Box 22995 Knoxville, TN 37933-0995 (BellSouth i s now under S ubsection (h) price plan. N CUC c annot regulate r ates, t erms, conditions, or av ailability of r etail s ervices (exception for basic and residential service) Verizon South, Inc. P. O. Box 1412 NC 103107 Durham, NC 27702 Windstream Concord Telephone Inc. 68 Cabarrus Avenue E Concord, NC 28025-3452 Carolina Telephone and Telegraph Co. Mailstop NCWKFR0233 14111 Capital Boulevard Wake Forest, NC 27587-5900 Windstream LEXCOM P. O. Box 808 Lexington, NC 27293-0808 Central Telephone Company Mailstop NCWKFR0233 14111 Capital Boulevard Wake Forest, NC 27587-5900 Windstream North Carolina, Inc. 236 W. Center Avenue Mooresville, NC 28115-3119 Citizens Telephone Company P. O. Box 1137 Brevard, NC 28712 Ellerbe Telephone Company Drawer 220 Ellerbe, NC 28338-0220 MEBTEL, Inc. dba MEBTEL Communications c/o Centurytel 19812 Underwood Road Foley, AL 27302 North State Telephone Company P. O. Box 2326 High Point, NC 27261 Pineville Telephone Company P. O. Box 249 Pineville, NC 28134 Randolph Telephone Company 3733 Old Cox Road Asheboro, NC 27205 91 FIGURE NO. 6-1 CONTINUED SHARED TENANT SERVICE PROVIDERS UNDER THE JURISDICTION OF THE NORTH CAROLINA UTILITIES COMMISSION AS OF JANUARY 1, 2010 Peace College of Raleigh North Carolina 15 East Peace Street Raleigh, NC 27604-1194 Appalachian State University Business Affairs/Special Projects Administration Building - 3rd Floor Boone, NC 28608 Smart City Networks 28 W. Grand Avenue Montvale, NJ 07645 Duke University Box 90215 Durham, NC 27708 UNC at Pembroke P. O. Box 1510 Pembroke, NC 28372-1510 East Carolina University Joyner Library Greenville, NC 27858-4353 Elizabeth City State University P. O. Box 760 Elizabeth City, NC 27909 University of NC at Chapel Hill CB # 1810 Giles Horney Building - Room 104 Chapel Hill, NC 27599-1810 Fayetteville State University 1200 Murchison Road Fayetteville, NC 28301-4298 University of NC at Greensboro 1000 Spring Garden Street Greensboro, NC 27412 Guilford College 5800 West Friendly Avenue Greensboro, NC 27410 University of NC at Charlotte 9201 University City Boulevard Charlotte, NC 28223-0001 High Point University 833 Montlieu Avenue High Point, NC 27262-3598 University of NC at Wilmington 601 S. College Road Wilmington, NC 28043 International Business Machines 12195 Cornwallis Road Durham, NC 27709 University of NC School of Arts P. O. Box 12189 Winston Salem, NC 27127-2189 North Carolina A & T State University 1601 East Market Street Greensboro, NC 27411 Western Carolina University HFR 330 Cullowhee, NC 28723 North Carolina Central University 1801 Fayetteville Street Durham, NC 27707 Winston Salem State University P. O. Box 19394 Winston Salem, NC 27110 North Carolina State University Tel. Box 7217 West Dunn Building Raleigh, NC 27695 92 promulgating interim rules for certification and regulation of competitive local service providers and posed questions for comments on the appropriate regulatory structure for competitive local providers, resale of local service, and interconnection and scheduled a hearing on universal service issues. Commission rulings can be found in P-100, Sub 133. A. BRIEF REVIEW OF THE TELEPHONE INDUSTRY--GENERAL At December 31, 2008, there were sixteen (16) local exchange telephone companies, three hundred seventy-seven (377) interexchange long distance carriers, and one hundred seventy three (173) competing local providers under the jurisdiction of the North Carolina Utilities Commission. Figure No. 6-1 lists the sixteen LECs and the twenty shared tenant service providers authorized to operate by the Utilities Commission as of January 1, 2010. An updated list of local exchange companies, interexchange long distance carriers, and competing local providers can be found on the Commission’s web page at www.ncuc.net. The statistical comparisons of the regulated local exchange telephone companies are shown in the schedules following the narrative section of this chapter, with data through 2008. However, more recent data was available and utilized for various schedules. The schedule headlines identify the time period covered. Price Regulation Plans Since House Bill 161 became effective on July 1, 1995, the Utilities Commission has authorized Price Regulation Plans for the following thirteen regulated local exchange companies: Barnardsville Telephone Company (Barnardsville), BellSouth Telecommunications, Inc. (d/b/a AT&T of North Carolina), Carolina Telephone and Telegraph Company (Carolina), Central Telephone Company (Central), Concord Telephone Company (now Windstream Concord), LEXCOM Telephone Company (Now Windstream LEXCOM), MEBTEL, Inc. (MEBTEL), North State Telephone Company (North State), Randolph Telephone Company (Randolph), Saluda Mountain Telephone Company (Saluda Mountain), Service Telephone Company (Service), Verizon South, Inc. (Verizon), and Windstream, Inc. (Windstream, f/k/a ALLTEL). The only ILECs that remain under rate-of-return regulation include Citizens Telephone Company (Citizens), Ellerbe Telephone Company (Ellerbe), and Pineville Telephone Company (Pineville). In 2004-2005, the Commission conducted comprehensive price plan reviews for BellSouth, Carolina, Central, Verizon, and Concord and approved modified plans for each of those companies. In 2006, the Commission approved modified price plans for ALLTEL and MEBTEL. The modified plans allow those ILECs to exercise much greater pricing flexibility as a result of the extent and intensity of competitive activity in their respective service territories than was allowed under their initial plans, which were approved in 1996 and 1997. For each review, the Commission required that public notice be given to the affected subscribers and held public hearings. In authorizing the modified plans, the Commission specifically found that Long Distance Competition On May 30, 2003, Senate Bill 814 was signed into law. Senate Bill 814 declared that interLATA and intraLATA long distance service and long distance operator services are sufficiently competitive and shall no longer be regulated by the Commission. However, the Commission does continue to maintain certification authority and authority to hear and resolve complaints against providers of such services alleged to have made changes to the services of customers or imposed charges without appropriate authorization. At the end of 2008, three hundred seventy-seven (377) IXCs were certified to operate in North Carolina. Local Exchange Competition The General Assembly enacted House Bill 161 on April 6, 1995, which authorized local telephone exchange service competition and price or alternative regulation for local exchange companies. This bill became effective on July 1, 1995. On July 19, 1995, the Commission issued an Order 93 Commission to adopt procedures for allowing shared use and/or resale of any telephone service provided to persons who occupy the same adjoining premises. Due to legislation enacted by the General Assembly in 1989, the Commission established rules for sharing and resale by nonprofit colleges and universities and their affiliated medical centers. The legislation required that rates for lines or trunks being shared or resold be on a measured basis where available or otherwise on a message basis. The Commission order adopting procedures requires all telephone companies to charge rates to resellers which are 80% of the comparable flat rate, plus five cents for each additional minute with a 50% off-peak discount. The alternative message rates are 80% of the comparable flat rate, plus 12 cents per message. Entities which provide service exclusively to the exception group, as identified by the Legislature, are exempted from the measured or message rates as long as they only share service. There were twenty-two shared tenant service (STS) providers operating in North Carolina at the end of 2008. A list of these providers can be found in Figure No. 6-1. each met the following four major requirements set out in G.S. 62-133.5(c): (i) Protects the affordability of basic local exchange service, as such service is defined by the Commission; (ii) reasonably assures the continuation of basic local exchange service that meets reasonable service standards that the Commission may adopt; (iii) will not unreasonably prejudice any class of telephone customers, including telecommunications companies; and (iv) is otherwise consistent with the public interest. House Bill 1180 The General Assembly enacted House Bill 1180 on June 22, 2009. HB 1180 authorizes ILECs and CLPs to elect a new, streamlined regulation plan – a Subsection (h) price plan (See N.C.G.S. 62-133.5(h)). Under this new plan, with limited exceptions, the Commission cannot impose any requirements related to the terms, conditions, rates, or availability of any of the LEC’s retail services or otherwise regulate any of the LEC’s retail services. A company must file a notice with the Commission of its election of a Subsection (h) price plans, companies must commit to provide stand-alone basic residential lines to rural customers at rates comparable to those rates charged to urban customers for the same service. In addition, companies must continue to offer stand-alone basic residential lines to all customers who choose to subscribe to that service and may only increase rates for all service annually by a percentage that does not exceed the percentage increase over the prior year in the Gross Domestic Product Price Index as reported by the United States Department of Labor, Bureau of Labor Statistics, unless otherwise authorized by the Commission. This bill was signed into law by the Governor on June 30, 2009 and became effective on that date. As of May 3, 2010, three companies have elected subsection (h) price plans: BellSouth Telecommunications, Inc., d/b/a AT&T North Carolina (ILEC); AT&T Communications of the Southern States (CLP); and TCG of the Carolinas, Inc. (CLP). Payphone Service Provider (PSP) A Payphone Service Provider is a subscriber to a Public Telephone Access Service (PTAS) line, offering telephone service to the public by means of a coin, coinless or key-operated PTAS instrument. Over the years the total number of special certificates issued is 1803, with 127 of these still certified at December 31, 2010. Anyone can own and operate a payphone with a special certificate. B. CUSTOMER GROWTH AND IMPACT ON PLANT INVESTMENT The regulated local exchange companies had a total of 3,024,706 access lines in service at December 31, 2009, 3,216,625 as of December 31, 2008, and 3,530,254 as of December 31, 2007. This is a decrease of 6% from 2008 to 2009. Figure No. 6-1A shows total telephones by companies for the years 1980, 1985, 1990, 1995, 2000 and 2005. Figure No. 6-2 shows Shared Use and Resale The North Carolina General Assembly ratified a bill in 1987 authorizing the 94 circumstances. At the end of 2007, sixty-two (62) counties in North Carolina had countywide EAS. Only nine (9) exchanges (out of a total of 425 in North Carolina) primarily located in seven different counties do not have EAS to their county seat. Of these nine exchanges, only one does not have zerorated calling to its county seat, resulting from the zero-rating of applicable expanded local calling routes. These statistics assume that each exchange is assigned only to the county it primarily serves. Many exchanges provide telephone service in more than one county. Even though an exchange may have EAS to the county seat in which it is primarily located, some subscribers in that exchange may actually be located in an adjacent county, and therefore, may not have EAS to their county seat. the access lines for the past five years. In 1982 the telephone industry changed its system of reporting the number of telephones served by each company to the number of access lines. For a definition of access line see Figure No. 6-3. In 2009 BellSouth served 48% and Carolina Telephone and Telegraph Company served 27% of the total customers in North Carolina. C. DEMANDS AND QUALITY OF SERVICE The telephone companies in North Carolina for several years have been meeting demands for service. However, as more and more telephone service is extended throughout the State, the overall problem changes somewhat from satisfying demands for service, on which the Commission and the companies have placed special emphasis, to satisfying demands for better quality and upgraded service. In 1988 the Commission decided to establish uniform quality of service objectives to be used in evaluating the adequacy of the service being provided by the telephone companies. In 2000, the Commission began re-examining its uniform quality of service objectives. After compiling an extensive record, the Commission revised its service quality standards, as outlined in Commission Rule R9-8, effective July 1, 2004. Companies are required to file quarterly reports with the Commission which detail monthly results on certain service quality measures. In addition, the Commission posts on its website a service quality report which provides, in a pass/fail format, the 12-month average results of telephone companies in complying with the standards outlined in Rule R9-8. E. TELEPHONE RATES--COMMENTS Local Exchange Rates These are the monthly charges for basic telephone service as fixed by price plans or rate of return for ILECs. CLP rates are not regulated by the Commission. These rates are divided between residential and commercial telephones and are graduated upward from four-party to single-party service. Local exchange rates for a particular company are fixed on a company-wide basis according to the calling scope of the particular exchange; i.e., the number which a subscriber may call without a toll charge. These rate groupings are not standard among the companies. The practical result of the foregoing "value of service principle" is that a company's subscribers in an urban area will pay a higher monthly local exchange rate than the same company's subscribers in a community having a substantially smaller number of access lines that can be called without a toll charge. Thus unlike electric and natural gas utilities which have standard rates applicable to a customer classification company-wide, the telephone companies have different rates for basic service depending upon the population or calling scope of the particular exchange. Telephone rates also vary substantially between companies and states. D. EXTENDED AREA SERVICE (EAS) Extended Area Service (EAS) is the industry term applied to the extension of local calling from one telephone exchange to and from another exchange without a toll charge being levied. During 2007, there was one (1) two-way, non-optional interLATA request brought before the Commission. The Commission approved the request in early 2007 after waiving its moratorium on interLATA EAS requests based on special 95 periods beginning with calendar year 2003. The April 16, 2004 Order approved the Annual Report Proposal submitted on March 4, 2004, by the major price regulated telephone companies. Therefore, some data previously compiled for this report is no longer available. The total operating revenues for the lLECs for the year ended December 31, 2008, was $3,001,162,000. The total operating expenses including depreciation and taxes was $2,505,560,000. See Figure No. 6-8. Figure No. 6-4 shows a twenty-four year history of average North Carolina telephone bills for local service. F. SOURCE AND DISPOSITION REVENUES--COMMENTS OF The regulated local exchange telephone companies derived 43.7% of their revenues from local charges, 1.5% from toll charges, 33.1% from access charges, and 21.7% from miscellaneous services in 2008 compared to 45.1%, 1.4%, 32.0%, and 21.5% in 2007. The components of the disposition of the revenue dollar for the year ended December 31, 2008, as shown in Figure No. 6-5 indicates Operating Expenses were 45.1%, Income Taxes 8.5%, Other Taxes 2.1%, Depreciation Expense 22.2%, and Other Expenses 22.1%. G. PLANT INVESTMENTS--COMMENTS The regulated local exchange telephone companies increased gross plant investment in North Carolina 8.2% in 2005, 7.6% in 2006 and .3% in 2007. These increases represent investments of $452 million in 2002, $359 million in 2003, $278 million in 2004, $272 million in 2005, $268 million in 2006, $65 million in 2007 and $279 million in 2008 bringing the total gross plant investment at December 31, 2008, to $13,657,991,000. Figure No. 6-6 shows investment per regulated local exchange access line for 2007 and 2008 on a North Carolina industry-wide basis. H. STATISTICAL SUMMARY Reporting requirement changes for the major price regulated telephone companies were implemented in response to passage of Senate Bill 814 by Commission Orders dated January 2, and April 16, 2004, in Docket No. P-100, Sub 72b, effective for reporting 96 FIGURE NO. 6-1A TELEPHONE COMPANIES OPERATING IN NORTH CAROLINA NUMBER OF TOTAL TELEPHONE/ACCESS LINES IN SERVICE/EXCHANGES AND DENSITY DATA AT YEAR END 1980, 1985, 1990, 1995, 2000 AND 2005 Class A & B ALLTEL-Carolina, Inc. BellSouth (3) Carolina Telephone Co. (1, 5) Central Telephone Co. Citizens Telephone Co. Concord Telephone Co. Contel of North Carolina (9, 11) Ellerbe Telephone Co. Heins Telephone Co. (8) LEXCOM Telephone Co. MEBTEL, Inc. Mid Carolina Tel. Co. (2, 7) North State Telephone Co. Pineville Telephone Co. (4) Randolph Telephone Co. Sandhill Telephone Co. Verizon South, Inc. (11) Westco Telephone Co. (6) Western Carolina Telephone (6) Total Class A & B Class C & D Barnardsville Tel. Co. Contel of Virginia (9, 11) Saluda Mountain Tel. Co. (10) Service Telephone Co. Total Class C & D Grand Total All Classes: * ** Number of Total Leased Telephones in Service (1980) Number of Total Access Lines in Serivce (1985-2005) 1980 1985 1990 1995 2000 -77,878 101,733 170,528 233,534 2,246,942 1,368,279 1,705,828 2,100,503 2,505,310 982,532 541,430 789,966 1,017,700 1,226,732 241,597 137,299 202,483 237,754 314,403 15,968 9,293 13,981 16,493 21,021 93,740 79,498 76,945 91,602 117,719 -75,247 91,453 --2,003 1,421 1,693 1,940 2,453 30,087 20,565 25,235 --28,825 18,998 24,866 29,749 35,150 6,877 6,507 6,197 7,866 12,078 108,747 ----113,740 87,661 89,566 104,628 135,921 2,177 1,641 2,235 2,042 2,606 3,773 2,719 3,266 3,728 4,873 5,225 4,983 4,202 --162,054 148,090 155,428 337,824 384,699 34,019 ----57,578 ----4,135,884 2,581,509 3,295,077 4,122,357 4,996,499 Number of Exchanges 2005 1980 1985 1990 1995 2000 222,165 -26 26 31 31 1,802,545 95 93 92 92 92 1,065,288 146 145 145 145 144 250,031 43 43 42 42 42 21,124 4 1 1 1 1 105,737 9 9 9 9 9 --26 26 N/A -2,391 1 1 1 1 1 -3 3 3 --29,912 3 3 3 3 3 15,055 1 1 1 1 1 -26 ----116,288 3 3 3 3 3 1,921 1 1 1 1 1 4,641 1 1 1 1 1 -2 2 2 --286,820 5 5 5 32 32 -15 -----11 ----3,923,918 369 363 361 362 361 876 452 1,320 1,461 4,109 4,139,993 1,564 -1,785 1,305 4,654 3,928,572 931 381 1,660 1,249 4,221 2,585,730 937 475 1,183 987 3,582 3,298,659 1,186 -1,496 1,132 3,814 4,126,171 1,571 -1,849 1,291 4,711 5,001,210 1 1 1 1 4 373 1 1 1 1 4 367 1 1 1 1 4 365 1 -1 1 3 365 1 -1 1 3 364 2005 31 90 144 42 1 9 -1 -3 3 -3 1 1 -32 --361 1 -1 1 3 364 Number Phones/ Number Phones/ % Households Access Lines Per Access Lines Per in Area Served Average Number 100 Population* Square Mile Area* Housing Phones** Employees 1995* 2000* 2005 1995* 2000* 2005 1995** 2000** 2005** 1995 2000 2005 36 66 N/A 72 100 N/A N/A N/A N/A 494 246 N/A 59 66 N/A 174 209 N/A 95 95 N/A 5,634 5,163 N/A 31 60 N/A 53 58 N/A 93 91 N/A 3,226 2,731 N/A 18 61 N/A 76 92 N/A 93 93 N/A 646 480 N/A 61 72 70 44 55 56 95 95 95 75 75 71 51 57 N/A 130 57 N/A 98 99 N/A 281 411 N/A ------------40 49 47 8 10 9 91 94 89 14 17 12 -----N/A ------31 35 29 143 169 144 93 93 87 122 136 105 47 43 N/A 53 80 N/A 95 95 N/A 41 58 N/A ------------60 75 N/A 182 226 N/A 95 95 N/A 387 420 N/A 102 130 30 2,042 1,303 961 99 99 99 10 17 12 49 61 N/A 45 30 N/A 95 95 N/A 14 14 N/A ------------65 68 N/A 68 80 N/A 97 97 N/A 1,502 1,579 N/A ------------------------42 53 11 94 154 73 95 95 31 12,446 13,347 2,205 24 -100 94 50 42 31 -116 92 80 68 12 -41 22 25 N/A 12 -36 16 18 93 27 -49 12 29 197 27 -47 13 29 N/A 85 -95 90 68 93 95 -95 95 71 95 17 5 5 -N/A -78 5 2 46 6 3 35 16 10 N/A 12,462 13,357 United States Totals 180,180,000 117,434,802 134,743,029 158,219,924 188,626,589 143,773,101 Special Service & Private Lines 36,753 N/A N/A N/A N/A N/A Weighted Average - Companies under price plan regulation are not required to file this information. Simple Average - Companies under price plan regulation are not required to file this information. (1) United Telephone Company of the Carolinas, Inc. merged with Carolina Telephone and Telegraph Company November 1, 1978. All figures for United for the period 1960-1978 are included in Carolina Telephone (Docket No. P-7, Sub 625). (2) Eastern Rowan, Mid-Carolina, Mooresville and Thermal Belt Telephone companies merged into Mid-Carolina Telephone Company December 10, 1973 (Docket No. P-50, Sub 41). All figures for merged companies are included in Mid-Carolina Telephone Company. North Carolina Telephone Company and Old Town Telephone Systems, Inc. were merged into Mid-Carolina Telephone Company September 30, 1977 (Docket No. P-118, Sub 9). All figures for merged companies prior to 1977 are included in Mid-Carolina. (3) Chapel Hill Telephone Company came under Commission jurisdiction on January 1, 1973 (Docket No. P-114) and was sold to Southern Bell Telephone and Telegraph Company April 1, 1977 (Docket No. P-55, Sub 758). All figures for 1976 and prior years are included in BellSouth. (4) Pineville Telephone Company came under Commission jurisdiction January 1, 1976 (Docket No. P-120, Sub 1). (5) Norfolk and Carolina Telephone and Telegraph Co. merged into Carolina Telephone and Telegraph Co. December 27, 1979 (Docket No. P-7, Sub 645). All figures for Norfolk and Carolina prior to 1980 are included in Carolina Telephone. (6) Westco Telephone Company and Western Carolina Telephone Company were merged into Continental Telephone of North Carolina in November 1982 (Docket No. P-128). (7) Mid Carolina Telephone Company changed its name to ALLTEL-Carolina, Inc. February 13, 1984 (Docket No. P-118, Sub 32). (8) Heins Telephone Company merged with ALLTEL Corporation June 26, 1986 (Docket No. P-26, Sub 94). (9) Continental Telephone of North Carolina (Docket No. P-128) and Continental Telephone of Virginia (P-28) changed their names to Contel of North Carolina and Contel of Virginia in 1988. (10) Saluda Mountain Telephone Company capital stock sold to Telephone Data Systems, Inc. January 2, 1990 (Docket No. P-75), Sub 24). (11) GTE South (Verizon) took over operations of Contel of North Carolina (July 15, 1991) and Contel of Virginia (August 1, 1991). (12) ALLTEL-Carolina, Inc. merged with Heins Telephone Company and Sandhill Telephone Company effective September 14, 1994. ALLTEL-Carolina, Inc. was the surviving corporation. 97 5 -2 2 9 N/A FIGURE NO. 6-2 REGULATED LOCAL EXCHANGE TELEPHONE COMPANIES OPERATING IN NORTH CAROLINA NUMBER OF TOTAL ACCESS LINES AT THE YEAR END FOR THE YEARS 2005 THROUGH 2009 Telephone Companies 2005 Class A & B: BellSouth Carolina Telephone Co. Central Telephone Co. Citizens Telephone Co. Ellerbe Telephone Co. MEBTEL, Inc. North State Telephone Co. Pineville Telephone Co. Randolph Telephone Co. Verizon South, Inc. Windstream Concord Windstream Lexcom Windstream NC Totals: Class A & B Class C & D: Barnardsville Telephone Co. Saluda Mountain Tel. Co. Service Telephone Co. Totals: Class C & D Grand Totals * United States Totals** North Carolina as % of United States Total 1,802,545 1,065,288 250,031 21,124 2,391 15,055 116,288 1,921 4,641 286,820 105,737 29,912 222,165 3,923,918 Number of Access Lines 2006 2007 2008 1,714,943 1,011,712 235,598 20,994 2,321 14,622 107,623 1,907 4,536 268,073 101,992 28,480 212,059 3,724,860 1,564 1,489 1,785 1,749 1,305 1,277 4,654 4,515 3,928,572 3,729,375 143,773,101 138,833,928 2.7% 2.7% 1,620,957 965,474 221,246 20,694 2,193 14,075 100,379 1,890 4,377 250,868 95,514 26,249 202,190 3,526,106 2009 1,461,471 882,781 200,053 19,937 2,069 13,119 93,185 1,764 4,183 226,918 92,631 24,062 190,567 3,212,740 1,425,543 802,779 182,624 18,599 1,949 12,504 85,858 1,687 3,992 202,581 86,647 21,808 174,496 3,021,067 1,322 1,243 1,652 1,555 1,174 1,087 4,148 3,885 3,530,254 3,216,625 129,692,836 124,605,542 1,146 1,506 987 3,639 3,024,706 NA 2.7% 2.6% N/A *Access Lines were revised using the Public Staff Phone Development Report for the appropriate year. ** United States Totals from FCC's Industry Analysis and Technology Division, Wireline Competition Bureau: Local Telephone Competition: Status as of June 30, 2008 Table 10. The total for 2008 is as of June 2008 and the total for 2007 was amended in Table 10 from 134,458,920. N/A - Not Available 98 FIGURE NO. 6-3 Access Lines in Service December 31 North Carolina Data Only 4,000,000 3,530,254 3,500,000 3,216,625 3,024,706 3,000,000 2,500,000 2007 2008 99 2009 FIGURE NO. 6-4 NORTH CAROLINA REGULATED LOCAL EXCHANGE TELEPHONE RATES VS. U. S. AVERAGE MONTHLY TELEPHONE RATES At December 31 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 1985-2008 % Change 2007-2008 % Change 1/ 2/ 3/ North Carolina Average Monthly Telephone Bills For All Customers Local Telephone Service 1/ $22.25 $22.30 $21.94 $21.07 $21.67 $22.61 $21.99 $23.83 $23.40 $23.10 $24.35 $25.81 $29.01 $29.76 $31.19 $32.29 $33.37 $32.52 $33.13 $33.10 $33.09 $29.59 $30.54 $34.03 U. S. Average Monthly Telephone Bills For All Customers Local Telephone Service 2/ $23.81 $22.34 $23.45 $23.02 $22.84 $23.08 $23.59 $23.95 $24.14 $23.84 $24.42 $25.17 $31.58 $33.17 $25.98 3/ $26.49 $27.00 $26.61 $26.29 $25.67 $25.39 $25.89 N/A N/A 52.9% N/A 11.4% N/A Average local service revenue per access line. This number was calculated with information obtained from Moody's Public Utility Manual and the United States Telephone Association Telephone Statistics Book for 1986 and previous years. The United States Telephone Association Telephone Statistics Books (1988-1996) were used to calculate the 1987 through 1996 numbers. The figure for 1997 was provided by personnel of United States Telephone Association. The source for 1998 was the USTA publication "Phone Facts" for the respective year. 1999-2006 U.S. Average Monthly Telephone Bills were calculated from Tables 4.1 and 7.1 FCC's Industry Analysis and Technology Division, Wireline Competition Bureau: Local Telephone Competition: Status as of June 30, 2007, (March 2008) 100 FIGURE NO. 6-5 SOURCE AND DISPOSITION OF THE REVENUE DOLLAR Regulated Local Exchange Telephone Companies (N. C. Data Only) for 2008 SOURCE: Miscellaneous 21.7% Toll Service 1.5% Local Service 43.7% Access Revenues 33.1% DISPOSITION: DISPOSITION: Other 1.5% Taxes-Other than Income 2.2% Depreciation 28.1% Operating Expenses Operating Expenses 57.5 Income Taxes 10.7% Depreciation Expenses Income Taxes Taxes - Other 101 FIGURE NO. 6-6 Regulated Local Exchange Telephone Companies' Plant Investment/Access Line With Percent Change 2008 over 2007 (North Carolina Data Only) 12.0% 3,760 15.5% Thousands (Dollars) 3.3% 1 Gross Plant Net Plant 2007 102 2008 Depreciation Reserve FIGURE NO. 6-7 GROSS AND NET TELEPHONE PLANT ALLOCATED TO NORTH CAROLINA OPERATIONS* For the Years Ended December 31, 2007 and 2008 COMPANY Class A & B Local Exchange: AT&T Carolina Telephone Co. Central Telephone Co. Citizens Telephone Co. Concord Telephone Co. Ellerbe Telephone Co. LEXCOM MEBTEL, Inc. North State Telephone Co. Pineville Telephone Co. Randolph Telephone Co. Verizon South, Inc. Windstream Total: Class A & B Class C & D Local Exchange: Barnardsville Telephone Co. Saluda Mountain Tel. Co. Service Telephone Co. Total: Class C & D Grand Totals 2007 Total Plant (000's) Gross Net 2008 Total Plant (000's) Gross Net 2007 Per Access Line Gross Net 2008 Per Access Line Gross Net 2007 vs. 2008 %Change Per Access Line Gross Net 6,936,481 3,006,350 642,969 82,971 333,173 8,215 109,007 53,936 375,667 5,935 11,838 1,188,761 $608,166 $13,363,469 1,886,528 855,670 213,679 39,456 69,460 3,340 41,460 19,381 133,116 2,463 3,382 324,977 $244,381 $3,837,293 7,063,019 3,093,091 659,275 84,584 338,137 8,318 111,386 55,287 390,051 5,279 12,309 1,199,824 $621,141 $13,641,701 1,739,174 842,224 198,568 39,289 55,804 5,172 40,075 17,403 133,317 2,483 3,353 298,761 $234,089 $3,609,712 4,279.25 3,113.86 2,906.13 4,009.42 3,488.21 3,746.01 4,152.81 3,832.04 3,742.49 3,140.21 2,704.59 4,738.59 $3,007.89 $3,789.87 1,163.84 886.27 965.80 1,906.64 727.22 1,523.03 1,579.49 1,376.98 1,326.13 1,303.17 772.68 1,295.41 $1,208.67 $1,088.25 4,832.82 3,503.80 3,295.50 4,242.56 3,650.37 4,020.30 4,629.12 4,214.27 4,185.77 2,992.63 2,942.62 5,287.48 $3,259.44 $4,246.13 1,190.02 954.06 992.58 1,970.66 602.43 2,499.76 1,665.49 1,326.55 1,430.67 1,407.60 801.58 1,316.60 $1,228.38 $1,123.56 12.9 12.5 13.4 5.8 4.6 7.3 11.5 10.0 11.8 (4.7) 8.8 11.6 8.4 12.0 2.2 7.6 2.8 3.4 (17.2) 64.1 5.4 (3.7) 7.9 8.0 3.7 1.6 1.6 3.2 $5,805 6,117 3,840 $15,762 $13,379,231 $2,518 2,984 1,418 $6,920 $3,844,213 $5,971 6,331 3,988 $16,290 $13,657,991 $2,389 2,939 1,334 $6,662 $3,616,374 $4,391.07 3,702.78 3,270.87 $3,799.90 $3,789.88 $1,904.69 1,806.30 1,207.84 $1,668.27 $1,088.93 $4,803.70 4,071.38 3,668.81 $4,193.05 $4,246.06 $1,921.96 1,890.03 1,227.23 $1,714.80 $1,124.28 9.4 10.0 12.2 10.3 12.0 0.9 4.6 1.6 2.8 3.2 *Gross plant includes plant under construction and held for future telephone use. 103 FIGURE NO. 6-8 REGULATED LOCAL EXCHANGE TELEPHONE COMPANIES SUMMARY OF SELECTED DATA--INCOME STATEMENT, BALANCE SHEET, AND STATISTICAL ITEMS For the Calendar Years 2007 and 2008 Item Income statement items: Operating revenues Basic local service revenue Network access revenue Long distance message revenue (toll service) Miscellaneous revenue less uncollectible Total operating revenue 2007 $ $ 1,400,323 994,293 42,828 669,644 3,107,088 2008 $ % Change 2007-2008 $ 1,312,553 994,377 43,971 650,261 3,001,162 -6.3% 0.0% 2.7% -2.9% -3.4% 5,162 $ 114,933 53,549 3,130 61,915 100,408 244,963 (1,259) 155,930 58,376 391,501 299,660 1,488,268 $ 759,812 331 60,664 271,877 2,580,952 $ 84,514 2,859 124,447 50,311 1,527 60,119 89,404 220,856 4,672 177,098 51,848 331,613 335,035 1,449,789 714,746 172 67,426 273,427 2,505,560 37,489 -44.6% 8.3% -6.0% -51.2% -2.9% -11.0% -9.8% N/COMP 13.6% -11.2% -15.3% 11.8% -2.6% -5.9% -48.0% 11.1% 0.6% -2.9% -55.6% $ 13,615,576 42,415 10,041,617 $ 3,616,374 496,249 2.3% -39.8% 5.3% -5.9% -30.5% Operating expenses, excluding D&A Network support General support Central office switching Operator systems Central office transmission Information origination/termination Cable and wire facilities Other property plant and equipment Network operations Access Customer operations Corporate operations Total operating expenses, excluding D&A Depreciation and amortization Interest on customer deposits Taxes other than income taxes Income taxes Total operating expenses & taxes Interest charges Balance sheet items: Telecommunications plant in service Telecommunications plant under construction Depreciation and amoritization reserve Net telecommunications plant Accumulated deferred income taxes $ $ $ $ $ 104 13,308,728 70,503 9,535,017 3,844,214 714,333 VII. THE WATER AND SEWER INDUSTRY FIGURE NO. 7-1 DISTRIBUTION OF CUSTOMERS SERVED BY REGULATED WATER & SEWER UTILITIES Harnett Pitt Greene Wayne Lenoir Craven er Pamlico Cu y Mecklenburg Duplin nd Union Onslow Scotland Robeson Bladen Pender Columbus LEGEND: NUMBER OF CUSTOMERS New Hanover Brunswick 0 1 - 1000 1001 -5000 Over 5000 Jones rla be Hoke m Anson Richmond Sampson 106 ck Moore m go Stanly t on Transylvania Cabarrus Cleveland Lee M Gaston Polk Dare Washington Beaufort Johnston Lincoln itu Wilson r Tyrrell Martin n Henderson Rutherford Ca m Pa den Pe s rq quo ui m tan k an s Edgecombe Chatham so Rowan Bertie Nash Wake Randolph d vi Catawba Da Jackson Macon Clay McDowell Davie Franklin d oo Graham Cherokee Iredell Caldwell Alexander Burke Hertford Halifax Durham y yw Swain Guilford Orange ll he e nc Ya Ha Buncombe Forsyth Alamance itc M Madison Yadkin Avery Gates Chowan Wilkes Watauga Northampton Warren Cu Stokes Rockingham Caswell Person Surry Vance Alleghany Granville Ashe Carteret Hyde rate cases involving water and sewer companies during 2008. These cases affected 23,083 water customers and 5,434 sewer customers. Of the cases decided, the total requested increase in water revenues was $3,894,196 and the Commission approved $2,599,279. The requested increase in sewer revenues was $1,245,893; the Commission approved $854,586. The Commission also required numerous service improvements. The Commission approved tariff revisions affecting 103,940 customers that increased water and sewer revenues by $4,626,683. There were 338 other cases filed with the Commission regarding regulated water and sewer utilities. There were 52 applications for new franchises or notifications of contiguous extensions; one application for transfer of franchises between utilities involving 290 water customers and 290 sewer customers resulting in increased revenues of $9,326; two applications to transfer systems to owners exempt from Commission regulation; seven franchises canceled; 156 applications for resale authority involving 33,922 customers; 61 applications to transfer resale authority involving 15,669 customers and resulting in increased revenues of $521,292; 40 resale authority cancellations; an application to merge six operating subsidiaries into Aqua North Carolina, Inc.; an application to merge two additional operating subsidiaries into Aqua North Carolina, Inc.; three formal complaints; various issues regarding five emergency operators; and 14 other miscellaneous filings. In 1987, legislation required all water and sewer utility plants to furnish a bond secured in an amount not less than $10,000 and no more than $200,000. On April 15, 1995, G.S. 62-100.3 was amended eliminating the $200,000 cap on the bond. This amendment also eliminated the statutory section which provided exceptions for those franchises that already had bonds posted with other state agencies or having bonds posted with the Commission totaling $200,000. Acceptable securities are obligations of the United States, obligations of the State of North Carolina, certificates of deposit, and irrevocable letters of credit. They are posted for use by the Commission in the event that an emergency operator is needed to take over a system and A. GENERAL COMMENTS As of December 31, 2008, there were approximately 1,615 regulated water and sewer systems in North Carolina owned by 162 companies as reported on the 2008 annual reports. These are comprised of 1,287 water and 328 sewer systems. The Commission also regulated 629 water and sewer resellers. Water and sewer resellers were not required to file 2008 annual reports. The General Statutes of North Carolina provide in part that anyone owning or operating facilities for furnishing water and sewer service to the public for compensation is a public utility, except when such person's sole operation consists of selling water to fewer than fifteen residential customers. Figure Nos. 7-1 and 7-2 provide a map and a listing of the locations of all of the regulated water and sewer systems by counties with the number of systems and customers in each county. One of the major problems encountered in regulating small water and sewer utilities is their lack of keeping adequate records. As a result, of the 162 water and sewer companies franchised to operate in 2008, current statistical and operating data is available for 145 companies. This data is found in Figure No. 7-2. For the other 17 companies, the most recent statistical data received by the Commission is presented in Figure No. 7-4. This noncurrent statistical data for the years 1995 through 2007 is included to illustrate the total scope of the regulated water and sewer industry in North Carolina. Some of the 17 noncurrent companies are under emergency operators and although required to file financial information, it is not always in the form of an annual report. The Commission adopted a simplified annual report which should encourage small utilities to maintain minimum records of their revenues and expenses. This should enable them to keep accurate records and provide them with the required information needed for general rate cases. B. COMMISSION ACTIVITIES The Commission decided nine general 107 $1,541,049. Refer to Figure No. 7-3 for current companies, 7-4 for noncurrent and 7-5 for a graphic presentation. also to provide an incentive for utility companies to properly operate and maintain their systems. (See G.S. 62-110.3, Rules R737 and R10-24 for the details regarding the use of bonds as security.) This requirement is applicable to all applications for franchises filed on or after October 1, 1987. At the end of 2008, the amount of bonds posted for new water and sewer franchises totaled $20,907,559 consisting of Letters of Credit, surety bonds, certificates of deposit and money market funds. The General Assembly enacted G.S. 62-110(g) authorizing the Utilities Commission to adopt procedures for the purpose of allowing resale of water and sewer service in apartments, condominiums, and other places at a rate or charge which does not exceed the actual purchase price of such service to the provider, plus a reasonable administrative fee. The Commission adopted rules and established procedures for regulating these resellers. As of the end of 2008, the Commission had granted certificates of authority for resale of water and/or sewer service for approximately 899 apartment complexes or mobile home parks. C. REGULATED VS. NONREGULATED MONTHLY CHARGES Comparative monthly charges for residential water service of selected nonregulated municipal systems and regulated water systems in North Carolina are shown in Figure No. 7-6. D. STATISTICAL SUMMARY DATA The number of regulated utility companies furnishing water and sewer service in North Carolina was 162, a decrease of seven companies from 2007, however, 17 of these companies did not file 2008 annual reports. The current companies operated 1,263 water systems and 312 sewer systems within the State, with the noncurrent companies’ most recent data showing 24 water systems and 16 sewer systems. The current companies served 172,115 water and sewer customers and received $73,204,958 in annual revenues, with the noncurrent companies serving 4,662 customers and receiving annual revenues of 108 FIGURE NO. 7-2 DISTRIBUTION SUMMARY OF SYSTEMS AND CUSTOMERS OF ALL N. C. REGULATED WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY ALAMANCE ALEXANDER ALLEGHANY ANSON ASHE AVERY BEAUFORT BERTIE BLADEN BRUNSWICK BUNCOMBE BURKE CABARRUS CALDWELL CAMDEN CARTERET CASWELL CATAWBA CHATHAM CHEROKEE CHOWAN CLAY CLEVELAND COLUMBUS CRAVEN CUMBERLAND CURRITUCK DARE DAVIDSON DAVIE DUPLIN DURHAM EDGECOMBE FORSYTH FRANKLIN NUMBER OF CUSTOMERS WATER SEWER 136 0 186 0 402 73 0 0 654 215 2,740 1,777 NUMBER OF SYSTEMS WATER SEWER 4 0 7 0 2 1 0 0 6 2 8 3 0 0 149 110 2,362 135 0 0 151 1,244 1,762 0 0 0 2 1 31 2 0 0 1 3 25 0 3,065 126 0 1,030 44 3,312 728 371 0 0 0 0 1,931 14,948 1,756 1,444 0 0 1,588 0 142 3,124 70 0 0 0 0 2,216 176 2,201 28 1 0 3 1 75 11 2 0 0 0 0 2 21 5 3 0 0 24 0 4 11 1 0 0 0 0 2 3 6 0 284 31 0 1,387 370 523 0 0 143 0 1 1 0 20 4 5 0 0 2 0 0 0 0 1,391 1,715 1,184 0 19 6 10 0 109 FIGURE NO. 7-2 CONTINUED DISTRIBUTION SUMMARY OF SYSTEMS AND CUSTOMERS OF ALL N. C. REGULATED WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY GASTON GATES GRAHAM GRANVILLE GREENE GUILFORD NUMBER OF CUSTOMERS WATER SEWER 6,517 247 0 0 24 0 22 0 33 0 3,446 228 NUMBER OF SYSTEMS WATER SEWER 126 3 0 0 1 0 1 0 1 0 67 4 HALIFAX HARNETT HAYWOOD HENDERSON HERTFORD HOKE HYDE 0 0 955 1,541 0 37 0 0 0 842 932 0 0 0 0 0 2 17 0 1 0 0 0 2 8 0 0 0 IREDELL 4,730 744 63 18 JACKSON JOHNSTON JONES 1,143 3,710 0 392 1,538 0 6 48 0 1 23 0 LEE LENOIR LINCOLN 1,769 0 386 1,464 0 0 3 0 8 1 0 0 MACON MADISON MARTIN McDOWELL MECKLENBURG MITCHELL MONTGOMERY MOORE 171 343 0 150 7,313 66 665 2,492 0 40 0 0 6,609 0 24 517 3 0 0 3 45 1 2 8 1 0 0 0 28 0 1 3 NASH NEW HANOVER NORTHAMPTON 103 4,790 52 0 2,664 0 3 34 1 0 26 0 ONSLOW ORANGE 1,635 649 7,743 0 5 11 17 0 PAMLICO PASQUOTANK PENDER 0 0 1,667 0 0 1,183 0 0 3 0 0 3 110 FIGURE NO. 7-2 CONTINUED DISTRIBUTION SUMMARY OF SYSTEMS AND CUSTOMERS OF ALL N. C. REGULATED WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY PERQUIMANS PERSON PITT POLK NUMBER OF CUSTOMERS WATER SEWER 99 519 47 0 26 151 50 27 NUMBER OF SYSTEMS WATER SEWER 1 2 1 0 1 1 2 1 RANDOLPH RICHMOND ROBESON ROCKINGHAM ROWAN RUTHERFORD 585 0 0 410 1,337 1,219 68 0 0 1 44 445 13 0 0 12 27 3 2 0 0 1 1 1 SAMPSON SCOTLAND STANLY STOKES SURRY SWAIN 0 0 0 38 1,698 173 0 0 39 112 0 173 0 0 0 1 47 1 0 0 1 1 0 1 TRANSYLVANIA TYRRELL 2,737 0 1,446 0 4 0 2 0 UNION 212 1,335 1 8 VANCE 78 0 2 0 27,712 360 0 1,512 0 0 0 4,452 0 0 1,025 0 0 0 424 9 0 9 0 0 0 48 0 0 7 0 0 0 150 1,066 122,911 0 459 53,866 4 3 1,287 0 2 328 WAKE WARREN WASHINGTON WATAUGA WAYNE WILKES WILSON YADKIN YANCEY GRAND TOTAL 111 FIGURE NO. 7-2A DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME ALAMANCE Aqua North Carolina, Inc. Heater Utilities, Inc. Water Works of Alamance County, Inc. ALEXANDER Aqua North Carolina, Inc. Heater Utilities, Inc. ALLEGHANY Aqua North Carolina, Inc. Carolina Water Service of N.C. NUMBER OF CUSTOMERS WATER SEWER 45 48 43 136 135 51 186 144 258 402 NUMBER OF SYSTEMS WATER SEWER 0 1 2 1 4 0 0 5 2 7 0 73 73 1 1 2 39 176 215 1 3 1 1 6 1 1 ANSON None ASHE Aqua North Carolina, Inc. Cross-State Development Company Culligan Operating Services Jefferson Landing Water and Sewer AVERY Carolina Water Service of N.C. Elk River Utilities, Inc. GGCC Utility Inc. Heater Utilities, Inc. Linville Heights Linville Ridge 184 215 40 215 654 1,771 273 258 1 13 424 2,740 149 149 1,477 109 191 1 1 2 1,777 2 1 2 1 1 1 8 1 1 1 3 151 151 2 2 1 1 BEAUFORT None BERTIE None BLADEN Bay Tree Utility Company 112 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME BRUNSWICK 904 Georgetown Treatment Plant, LLC B & C Development, Inc. CTC Brick Landing, LLC Sea Trail Utility Company dba ST Utility Co. BUNCOMBE ABC & D Properties Carolina Water Service of N.C. Chapman, Roy and Betty, Twin Willows MHP Christmount Christian Assembly, Inc. Culligan Operating Services Cogdill, Greg * Duckett, Gordon F. and Susan C. Earth Environmental Services Flat Creek Utilities, LLC Hawk Run Development of Asheville* Indian Creek Mobile Home Park Jactaw Properties LLC Laurel Wood Mobile Home Park Lifeway Ridgecrest Water Utility Locust Grove Mobile Home Park M Realty LLC Meadows, Ted and Virginia Metro Water System, Inc. Mountain View Park, LLC Parks Bank Pine Valley Mobile Home Park, Inc. Rumfelt, Mark and Fred Luther South Asheville Water Works Town and Country Twin Creeks Utilities Viewmont Acres Water System * Woodland Heights MHP BURKE Heater Utilities, Inc. NUMBER OF CUSTOMERS WATER SEWER 110 110 80 421 26 99 50 48 24 32 170 52 54 42 31 331 50 296 67 59 29 142 48 22 53 36 25 45 30 2,362 135 135 113 795 282 167 1,244 80 304 26 99 NUMBER OF SYSTEMS WATER SEWER 1 1 1 1 1 3 30 1,762 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 3 1 1 2 1 1 1 1 1 1 1 31 1 25 0 2 2 0 48 24 170 52 54 42 31 50 296 67 59 29 142 48 22 53 36 1 1 1 1 1 1 1 1 1 1 1 1 1 3 1 1 2 1 1 1 1 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME CABARRUS Aqua North Carolina, Inc. Carolina Water Service of N.C. Cook, William E. * Corriher Water Service, Inc. Heater Utilities, Inc. Pace Utilities Group, Inc. Rayco Utilities, Inc. Silver Maples Mobile Estates Water Resources CALDWELL Joyceton Water Works, Inc. NUMBER OF CUSTOMERS WATER SEWER 28 1,631 16 205 959 60 37 13 116 3,065 126 126 NUMBER OF SYSTEMS WATER SEWER 1,444 1 2 1 3 17 1 1 1 1 28 3 0 1 1 0 1,349 60 35 1 1 1 CAMDEN None CARTERET Aqua North Carolina, Inc. Beacon's Reach Master Association C & P Enterprises, Inc. Carolina Water Service of N.C. Deerfield Shores Utility Co., Inc. Emerald Plantation Utility Company Enviracon Utilities, Inc. Sugarloaf Utility, Inc. CASWELL Aqua North Carolina, Inc. CATAWBA Aqua North Carolina, Inc. Cardinal Estates Water System Corriher Water Service 168 2 1,030 511 89 773 30 63 2 120 1,588 3 12 2 2 1 1 2 4 24 44 44 0 1 1 0 862 1,751 8 37 114 1 35 1 1 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME CATAWBA Continued Heater Utilities, Inc. Setzer Brothers Inc.* CHATHAM Aqua North Carolina, Inc. Fearington Utilities Heater Utilities, Inc. CHEROKEE Carolina Water Service of N.C. Pied Piper Water Association Inc. NUMBER OF CUSTOMERS WATER SEWER 1,242 274 3,312 142 564 1,448 1,143 533 3,124 164 728 142 334 37 371 70 1,877 1,845 371 70 NUMBER OF SYSTEMS WATER SEWER 34 4 75 4 8 5 1 5 11 3 11 4 1 1 2 1 1 1 1 1 CHOWAN None CLAY None CLEVELAND None COLUMBUS None CRAVEN CWS Systems, Inc. Carolina Pines Utility Company Greenfield Heights Development Co., Inc. CUMBERLAND Aqua North Carolina, Inc. Carolina Water Service of N.C. 54 1,931 14,132 320 115 2,216 1 2 13 3 2 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME CUMBERLAND Continued Maxwell Water Company Old North Utility Services, Inc. Overhills Water Company Whispering Pines Village CURRITUCK Carolina Water Service of N.C. Enviro-Tech of North Carolina Inc. Pine Island Currituck, LLC Ponderosa Enterprises, Inc. Sandler Utilities at Mill Run, LLC Turnpike Properties NUMBER OF CUSTOMERS WATER SEWER 35 2 285 174 14,948 1,359 112 DAVIE Heater Utilities, Inc. 174 176 925 194 674 408 285 1,756 2,201 0 38 183 146 3 370 DARE Ginguite Woods Water Reclamation KDHWWTP LLC Outer Banks Kinnakeet Associates, LLC Pine Island Currituck, LLC DAVIDSON Aqua North Carolina, Inc. Heater Utilities, Inc. Meadowlands Development, LLC 2 284 140 131 252 523 31 31 0 284 NUMBER OF SYSTEMS WATER SEWER 1 2 1 1 21 3 1 1 5 0 2 1 3 2 1 2 1 6 1 1 1 1 4 1 1 3 1 5 1 1 0 1 DUPLIN None DURHAM Aqua North Carolina, Inc. CWS Systems, Inc. Harrco Utility Corporation * Heater Utilities, Inc. North State Utilities, Inc. * Shaw Hill 22 Investors 343 103 914 N/R 27 1,387 116 46 97 N/R 143 5 1 13 N/R 1 20 1 1 N/R 2 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME EDGECOMBE None FORSYTH Aqua North Carolina, Inc. Carolina Water Service of N.C. Heater Utilities Rayco Utilities, Inc. FRANKLIN CWS Systems, Inc. Heater Utilities, Inc. Total Environmental Solutions, Inc. GASTON Aqua North Carolina, Inc. Carolina Water Service of N.C. Culligan Operating Systems Heater Utilities, Inc. Honeycutt, Wayne M., Water System NUMBER OF CUSTOMERS WATER SEWER 545 802 44 1,391 50 101 1,564 1,715 1,249 609 62 4,511 86 6,517 GATES None 117 NUMBER OF SYSTEMS WATER SEWER 14 4 586 412 186 1,184 1 19 1 6 3 10 0 1 4 1 6 0 247 247 20 7 1 95 3 126 3 3 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME GRAHAM Santeetlah Shores Water System GRANVILLE Aqua North Carolina, Inc. GREENE H & H Development Corporation GUILFORD Aqua North Carolina, Inc. ARC AF Utilities, LLC ARCGE, LLC Heater Utilities, Inc. JPC Utilities, LLC North Carolina Water Utility NUMBER OF CUSTOMERS WATER SEWER NUMBER OF SYSTEMS WATER SEWER 24 24 0 1 1 0 22 22 0 1 1 0 33 33 0 1 1 0 2,488 111 66 634 40 107 3,446 11 111 66 1 1 1 228 53 1 1 8 1 3 67 843 112 955 794 48 842 1 1 2 1 1 2 522 195 116 235 4 2 1 2 40 1 4 HALIFAX None HARNETT None HAYWOOD Lake Junaluska Assembly Springdale Water Company HENDERSON A & D Water Company Carolina Water Service of N.C. Crestview Estates, LLC Culligan Operating Services Environmental Maintenance Systems, Inc. * Etowah Sewer Company Fairfield Water Company Heater Utilities, Inc. Kenmure Utilities Parks Banks 150 12 476 0 70 1,541 118 116 110 401 0 70 932 2 1 6 0 1 17 1 2 2 0 1 8 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME HERTFORD None HOKE Aqua North Carolina, Inc. NUMBER OF CUSTOMERS WATER SEWER 37 37 0 NUMBER OF SYSTEMS WATER SEWER 1 1 0 HYDE None IREDELL Aqua North Carolina, Inc. Carolina Water Service of N.C. Corriher Water Service, Inc. Heater Utilities, Inc. Jenkins, Perry W. Watercrest Estates JACKSON CWS Systems, Inc. Cowan Valley Estates Water System* Environmental Maintenance Systems, Inc. * High Hampton, Inc. University Heights JOHNSTON Carolina Water Service of N.C. Heater Utilities, Inc. 1,316 1,531 234 1,544 23 82 4,730 24 638 82 744 864 22 24 191 42 1,143 392 24 3 1 33 1 1 63 1 16 1 18 1 392 2 1 1 1 1 6 819 2,891 3,710 304 1,234 1,538 4 44 48 1 22 23 1,536 171 62 1,769 1,464 1 1 1 3 1 1 JONES None LEE Carolina Trace Corporation Carolina Water Service of N.C. Farm Water Works 119 1,464 1 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME LENOIR None LINCOLN Aqua North Carolina, Inc. Heater Utilities, Inc. MACON Environmental Maintenance Systems Holly Springs Golf & Country Club, Ltd.* Riverbend Estates Water Systems, Inc. MADISON Carolina Water Service of N.C. NUMBER OF CUSTOMERS WATER SEWER 160 226 386 NUMBER OF SYSTEMS WATER SEWER 0 3 5 8 131 171 0 1 1 1 3 1 343 343 40 40 0 0 0 1 1 1 3 0 40 0 1 MARTIN None McDOWELL Bear Den Acres Development, Inc. Carolina Water Service of N.C. Heater Utilities, Inc. MECKLENBURG Aqua North Carolina, Inc. Bradfield Farms Water Co. Carolina Water Service of N.C. Clear Meadow Water, Inc. Heater Utilities, Inc. Mauney, William K. Mountain Point Utility Co., Inc. North State Utilities, Inc. * Rayco, Inc. TRG Charlotte LLC 64 37 49 150 127 1,132 4,685 62 809 45 29 N/R 274 150 120 1,504 3,284 1,033 N/R 547 150 2 2 19 1 13 2 1 N/R 3 1 2 6 15 N/R 3 1 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME MECKLENBURG Continued Water Resources, Inc. Willowbrook Utility Co. MITCHELL Heater Utilities, Inc. MONTGOMERY Baytree Waterfront Properties Carolina Water Service of N.C. MOORE Aqua North Carolina, Inc. Carolina Water Service of N.C. Heater Utilities, Inc. Old North Utility Services, Inc. Vila Pump Company * NASH CWS Systems, Inc. Heater Utilities, Inc. NEW HANOVER Aqua North Carolina, Inc. CWS Systems, Inc. Fairways Utilities, Inc. Glynnwood Water Systems, Inc. Mayfaire, LLC Porters Neck Company, Inc. Royal Palms Water & Sewer Systems NORTHAMPTON Fox Run Water Company NUMBER OF CUSTOMERS WATER SEWER 0 NUMBER OF SYSTEMS WATER SEWER 1 7,313 91 6,609 45 1 28 66 66 0 1 1 0 665 665 128 1,576 722 1 65 2,492 49 54 103 953 301 2,440 86 67 765 178 4,790 52 52 121 24 24 2 2 517 2 2 2 1 1 8 0 1 2 3 516 1 830 1 1 2 1 3 0 178 2,664 7 1 22 1 1 1 1 34 1 26 0 1 1 0 1,589 67 5 19 1 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME ONSLOW Aqua North Carolina, Inc. Blue Creek Utilities, Inc. Horse Creek Farms Utilities Corporation North Topsail Water & Sewer, Inc. Pines Utilities, Inc. Rock Creek Environmental Company Scientific Water & Sewerage Co., Inc. Webb Creek Water & Sewer, Inc. ORANGE Aqua North Carolina, Inc. Heater Utilities, Inc. NUMBER OF CUSTOMERS WATER SEWER NUMBER OF SYSTEMS WATER SEWER 176 210 400 3,704 204 229 1,620 1,200 7,743 5 1 3 1 1 1 1 6 3 17 66 583 649 0 3 8 11 0 263 1,404 1,667 249 934 1,183 1 2 3 1 2 3 99 99 420 99 519 1 1 1 1 2 0 1 1 0 1,635 1,635 5 PAMLICO None PASQUOTANK None PENDER Aqua North Carolina, Inc. Carolina Water Service of N.C. PERQUIMANS Albermarle Plantation Utility Co. Holiday Island Property Owners Association PERSON Aqua North Carolina, Inc. PITT Homestead Community Water Riverhills, Inc. 47 47 26 26 122 151 151 1 1 1 1 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME POLK Heater Utilities, Inc. RANDOLPH Aqua North Carolina, Inc. Heater Utilities, Inc. North Carolina Water Utility Rayco Utilities, Inc. NUMBER OF CUSTOMERS WATER SEWER 50 50 385 52 8 140 585 NUMBER OF SYSTEMS WATER SEWER 27 27 2 2 1 1 68 68 8 1 1 3 13 2 2 RICHMOND None ROBESON None ROCKINGHAM Aqua North Carolina, Inc. Billingsley, J.T. Britthaven Utilities Heater Utilities, Inc. ROWAN Aqua North Carolina, Inc. Corriher Water Service, Inc. Heater Utilities, Inc. Rayco Utilities, Inc. South Rowan Investment Corporation * RUTHERFORD CWS Systems, Inc. Heater Utilities, Inc. 268 33 109 410 377 413 195 333 19 1,337 1,089 130 1,219 SAMPSON None SCOTLAND None 123 1 1 44 44 445 445 9 1 2 12 11 8 4 3 1 27 1 2 3 1 1 1 1 1 1 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME STANLY Pfeiffer University STOKES Heater Utilities, Inc. Rayco Utilities, Inc. SURRY Aqua North Carolina, Inc. Forest Hills Water System * Heater Utilities, Inc. Woods Water Works, Inc. SWAIN Conleys Creek Limited Partnership TRANSYLVANIA Carolina Water Service of N.C. CWS Systems Inc. Heater Utilities, Inc. Knob Creek Property, Inc. (Big, Inc.) * Transylvania Utility Company NUMBER OF CUSTOMERS WATER SEWER 0 38 38 39 39 112 112 NUMBER OF SYSTEMS WATER SEWER 0 1 1 1 1 0 1 1 81 10 1,563 44 1,698 0 1 1 43 2 47 173 173 173 173 1 1 249 738 78 171 1,501 2,737 391 1,055 1,446 1 1 1 1 1 1 4 1 1 2 TYRELL None UNION Goose Creek Utility Company Heater Utilities, Inc. JAARS, Inc. 212 212 124 194 1,141 1,335 1 1 1 7 8 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME VANCE Aqua North Carolina, Inc. Heater Utilities, Inc. WAKE Aqua North Carolina, Inc. ARCIV GV, Inc. ARCSBN LLC Carolina Water Service of N.C. Chatham Utilities, Inc. Clarke Utilities, LLC Crosby Utilities, Inc. CWS Systems, Inc. Dutchman Creek, Inc. Gensinger, John (Pineview Water System) Harrco Utility Corporation * Heater Utilities, Inc. KRJ Utilities, Inc. McCullers Pines Water System * MECO Utilities, Inc. Mill Run Utilities LLC Mobile Hill Estates Water System Nero Utility Services, Inc. North State Utilities, Inc. * Prior Construction Company River Walk Utilities LLC Rolesville MHP LLC Sedgefield Development Corp. * WARREN Fox Run Water Company, Inc. NUMBER OF CUSTOMERS WATER SEWER 31 47 78 307 304 169 347 142 367 208 1,841 71 35 22,967 249 14 254 35 128 N/R 212 0 62 N/R 27,712 360 360 125 0 74 304 169 166 142 307 287 260 2,239 60 254 128 N/R 0 62 N/R 4,452 0 NUMBER OF SYSTEMS WATER SEWER 1 1 2 4 1 1 5 1 4 1 14 1 1 380 2 1 1 1 1 1 N/R 2 1 1 N/R 424 9 9 0 1 1 1 1 1 3 2 6 26 1 1 1 1 N/R 1 1 N/R 48 0 FIGURE NO. 7-2A CONTINUED DISTRIBUTION OF WATER AND SEWER UTILITIES BY COUNTIES AS OF DECEMBER 31, 2008 COUNTY/COMPANY NAME WASHINGTON None WATAUGA Carolina Water Service of N.C. Hawknest Utilities, Inc. Mountain Ridge Estates Water Water Quality Services, Inc. Water Quality Utilities Water Resource Management, Inc. NUMBER OF CUSTOMERS WATER SEWER 1,233 65 194 1 NUMBER OF SYSTEMS WATER SEWER 7 1 1 1 237 450 143 1,025 1 9 2 2 1 7 150 150 0 4 4 0 594 472 1,066 40 419 459 2 1 3 1 1 2 122,911 53,866 1,287 328 214 1,512 WAYNE None WILKES None WILSON None YADKIN Heater Utilities, Inc. YANCEY Carolina Water Service of N.C. Mountain Air Utilities Corporation GRAND TOTAL * Companies do not have 2008 annual report on file. The most recent report on file was used to obtain figures. 126 FIGURE NO. 7-3 WATER AND SEWER COMPANIES REGULATED BY THE NORTH CAROLINA UTILITIES COMMISSION REVENUES, CUSTOMERS, AND NUMBER OF SYSTEMS Data As Of December 31, 2008 Company 904 Georgetown Treatment Plant LLC A & D Water Service, Inc. ABC & D Properties Albemarle Plantation Utility Company Aqua North Carolina, Inc. ARC AF Utilities, LLC ARCGE LLC ARCIV GV Inc. ARCSBN LLC County Brunswick Henderson Buncombe Perquimans (1) Guilford Guilford Wake Wake Docket Number W-1141 W-1049 W-1191 W-1189 W-218 W-1252 W-178 W-1133 W-1179 Annual Revenues Number of Customers Water Sewer Water Sewer $253,093 795 $148,655 109,600 522 235 14,293 14,293 80 80 245,519 420 8,492,232 1,643,223 26,388 3,071 17,314 38,536 111 111 20,030 20,848 66 66 105,084 73,024 304 304 25,856 31,602 169 169 Number of Systems Water Sewer 4 1 239 1 1 1 1 B & C Development Brunswick W-924 15,380 110 1 Bay Tree Utility Company Bladen W-1080 36,763 71,520 149 151 2 Baytree Waterfront Properties Montgomery W-938 11,762 24 Beacon's Reach Master Assoc., Inc. Carteret W-966 176,616 511 Bear Den Acres Development, Inc. McDowell W-1040 28,756 64 1 Billingsley, J.T., Dogwood Acres Rockingham W-632 5,069 33 1 Blue Creek Utilities Onslow W-857 95,279 210 Bradfield Farms Water Co. Mecklenburg W-1044 153,820 277,030 1,132 1,504 2 Britthaven Utilities Rockingham W-1015 1 (1) Alamance, Alexander, Alleghany, Ashe, Burke, Cabarrus, Carteret, Caswell, Catawba, Chatham, Davidson, Durham, Forsyth, Gaston, Granville, Guilford, Iredell, Lincoln, Mecklenburg, Moore, New Hanover, Orange, Pender, Person, Randolph, Rockingham, Rowan, Surry, Vance, and Wake. 127 1 2 1 1 18 1 1 1 1 1 1 12 3 2 1 FIGURE NO. 7-3 WATER AND SEWER COMPANIES REGULATED BY THE NORTH CAROLINA UTILITIES COMMISSION REVENUES, CUSTOMERS, AND NUMBER OF SYSTEMS Data As Of December 31, 2008 Company C & P Enterprises, Inc. Cardinal Estates Water System Carolina Pines Utilities Carolina Trace Utilities, Inc. Carolina Water Service of North Carolina Chapman, Roy and Betty, Twin Willows MHP Chatham Utilities, Inc. Christmount Christian Assembly, Inc. Clarke Utilities, LLC Clear Meadow Water Conleys Creek L.P. (Smokey Mountain CC) Corriher Water Service, Inc. Crestview Estates, LLC Crosby Utilities, Inc. Cross-State Development CTC Brick Landing, LLC Culligan Operating Services CWS Systems, Inc. Deerfield Shores Utility Co., Inc. Duckett, Gordon F. and Susan C. Dutchman Creek, Inc. County Carteret Catawba Craven Lee (1) Buncombe Wake Buncombe Wake Mecklenburg Swain (2) Henderson Wake Ashe Brunswick (3) (4) Carteret Buncombe Wake Annual Revenues Number of Customers Water Sewer Water Sewer $47,686 89 $2,503 8 146,968 371 413,986 484,172 1,536 1,464 9,080,876 7,187,303 22,216 10,693 6,109 6,109 26 26 40,278 46,412 142 142 42,123 35,707 99 99 107,947 170,871 367 307 9,285 62 29,796 36,690 173 173 277,963 889 30,966 30,966 116 116 43,446 135,622 208 287 78,439 215 97,015 282 34,760 64,078 152 149 1,785,633 1,194,085 6,912 3,073 Docket Number W-1063 W-701 W-1151 W-1013 W-354 W-1247 W-1240 W-1079 W-1205 W-715 W-1120 W-233 W-1096 W-992 W-408 W-1273 W-988 W-778 W-925 W-1237 W-1082 6,618 16,968 28,649 6,618 24 71 Earth Environmental Services Buncombe W-1129 0 32 Elk River Utilities Avery W-1058 117,319 51,486 273 Emerald Plantation Utility Co. Carteret W-843 120,454 Enviracon Utilities, Inc. Carteret W-1236 105,780 Enviro-Tech of North Carolina, Inc. Currituck W-1165 113,676 Etowah Sewer Company Henderson W-933 133,724 (1) Alleghany, Avery, Buncombe, Cabarrus, Carteret, Cherokee, Cumberland, Currituck, Dare, Forsyth, Gaston, Henderson, Iredell, Johnston, Lee, Madison, McDowell, Mecklenburg, Montgomery, Moore, Pender, Transylvania, Union, Wake, Watauga, and Yancey. (2) Cabarrus, Catawba, Iredell, and Rowan Counties. (3) Ashe, Buncombe, Henderson, and Gaston Counties. (4) Craven, Durham, Franklin, Jackson, Nash, New Hanover, Rutherford, Transylvania, and Wake Counties. 128 30 24 109 63 2 194 401 Number of Systems Water Sewer 2 1 1 75 1 1 1 4 1 1 13 1 1 3 4 22 1 1 1 1 1 1 24 1 1 1 3 1 1 2 1 3 4 1 1 1 1 2 1 2 FIGURE NO. 7-3 WATER AND SEWER COMPANIES REGULATED BY THE NORTH CAROLINA UTILITIES COMMISSION REVENUES, CUSTOMERS, AND NUMBER OF SYSTEMS Data As Of December 31, 2008 Company Fairfield Water Company Fairways Utilities, Inc. Farm Water Works Fearrington Utilities Flat Creek Utilities, LLC Fox Run Water Company, Inc. Gensinger, John W. (Pineview Estates) GGCC Utility Inc. Ginguite Woods Water Reclamation Assoc. Glynnwood Water System, Inc. Goose Creek Utility Company Greenfield Heights Development Co., Inc. County Henderson New Hanover Lee Chatham Buncombe Warren/Northampton Annual Revenues Number of Customers Water Sewer Water Sewer $17,619 12 508,489 $381,811 2,440 1,589 28,275 62 282,134 1,143 23,064 36,137 170 170 54,644 412 Docket Number W-1226 W-787 W-844 W-661 W-1272 W-959 Wake Avery Dare New Hanover Union Craven W-549 W-755 W-1139 W-1032 W-369 W-205 H & H Development Hawknest Utilities, Inc. Heater Utilities, Inc. High Hampton Inn Water Service Holiday Island Water and Sewer Homestead Community Water Honeycutt, Wayne M., Water System Horse Creek Farms Utilities Corporation Greene Watauga (1) Jackson Perquimans Pitt Gaston Onslow W-315 W-1077 W-274 W-574 W-386 W-452 W-472 W-888 Indian Creek Mobile Home Park Buncombe W-1116 9,458 92,016 66,851 28,080 22,771 35 258 86 82,434 19,213 40,501 41,874 191 99 26 86 71,536 17,114 17,114 1 1 1 1 8,046 99 740 1 1 1 3 400 54 1 1 1 33 7,920 5,380,559 1 2 194 54 2,401 18,003,780 50,886 27,709 11,041 35,295 191 38 Number of Systems Water Sewer 1 22 19 1 1 1 1 10 54 1 107 1 1 1 1 JAARS, Inc. Union W-1136 12,725 212 1 Jactaw Properties, LLC Buncombe W-1209 9,671 9,671 42 42 1 1 Jefferson Landing Water and Sewer Ashe W-1019 40,405 45,619 215 176 1 1 Jenkins, Perry W. Iredell W-1084 6,828 23 1 Joyceton Water Works, Inc. Caldwell W-4 69,787 126 1 JPC Utilities, LLC Guilford W-1263 33,904 32,006 40 40 1 1 (1) Alamance, Alexander, Avery, Burke, Cabarrus, Catawba,Chatham, Davidson, Davie, Durham, Forsyth, Franklin, Gaston, Guilford, Henderson, Iredell, Johnston, Lincoln, McDowell Mecklenburg, Mitchell, Moore, Nash, Orange, Polk, Randolph, Rockingham, Rowan, Rutherford, Stokes, Surry, Transylvania, Union, Vance, Wake, and Yadkin Counties. 129 FIGURE NO. 7-3 WATER AND SEWER COMPANIES REGULATED BY THE NORTH CAROLINA UTILITIES COMMISSION REVENUES, CUSTOMERS, AND NUMBER OF SYSTEMS Data As Of December 31, 2008 KDHWWTP LLC Kenmure Utilities KRJ Utilities County Dare Henderson Wake Docket Number W-1160 W-904 W-1075 Lake Junaluska Assembly Laurel Wood Mobile Home Park Lifeway Ridgecrest Water Utility Linville Heights, L.P. Linville Ridge Locust Grove Mobile Home Park Haywood Buncombe Buncombe Avery Avery Buncombe W-1274 W-1155 W-71 W-1137 W-766 W-1106 207,515 18,528 54,206 3,120 79,668 18,248 186,469 18,528 Buncombe Mecklenburg Cumberland New Hanover Davidson Buncombe Wake Buncombe Wake Wake Yancey Mecklenburg Watauga Buncombe W-1281 W-560 W-339 W-1249 W-1259 W-1197 W-1166 W-1109 W-1245 W-515 W-1148 W-989 W-975 W-1089 31,088 16,242 20,650 22,388 39,567 Nero Utility Services, Inc. North Carolina Water Utility & Assoc. North Topsail Water & Sewer Inc. Wake Guilford/Randolph Onslow W-1152 W-1204 W-1143 36,073 64,893 Old North Utility Services Outer Banks Kinnakeet Associates, LLC Overhills Water Company Cumberland/Moore Dare Cumberland W-1279 W-1125 W-175 1,857,020 Cabarrus Henderson/Buncombe Stanly Cherokee Currituck/Dare Currituck Buncombe Onslow W-1046 W-1244 W-1207 W-893 W-1072 W-999 W-1131 W-822 22,901 43,249 Company M Realty LLC Mauney, William K., Jr. Maxwell Water Company Mayfaire I, LLC Meadowlands Development, LLC Meadows, Ted and Virginia MECO Utilities, Inc. Metro Water System, Inc. Mill Run Utilities, LLC Mobile Hills Estates Water System Mountain Air Utilities Mountain Point Utility Co. Mountain Ridge Estates Water Mountain View Park, LLC Pace Utilities Group, Inc. Parks Banks Pfeiffer University Pied Piper Water Association, Inc. Pine Island - Currituck, LLC Pine Island Utilities, Turnpike Properties dba Pine Valley Mobile Home Park, Inc. Pines Utilities, Inc. Annual Revenues Number of Customers Water Sewer Water Sewer $422,220 183 0 0 0 0 $95,443.00 48,918 249 60 20,878 89,514 26,179 0 9,052 177,185 7,817 23,021 6,417 18,248 35,996 112,458 20,878 102,975 26,179 0 253,436 6,417 65,094 843 31 331 13 424 50 794 31 296 45 35 67 296 67 254 59 0 35 472 29 65 29 128 115 1,173,716 1,996,590 158,802 51,204 419 29 128 24,172 43,249 8,432 3 3 146 60 212 1 1 1 1 1 1 1 1 1 2 1 1 1 3 1 1 1 1 1 1 1 1 1 4 1 1 1 3 1 1 1 1 1 1 1 3 60 212 39 1 3 3 1 1 3 1 1 677 285 48 1 0 1 1 37 16,012 52,256 0 2 3,704 429,993 130 67 252 67 254 59 0 285 11,851 241,902 16,012 50 Number of Systems Water Sewer 48 204 3 1 1 1 1 FIGURE NO. 7-3 WATER AND SEWER COMPANIES REGULATED BY THE NORTH CAROLINA UTILITIES COMMISSION REVENUES, CUSTOMERS, AND NUMBER OF SYSTEMS Data As Of December 31, 2008 Company Ponderosa Mobile Home Park Porters Neck Company, Inc. Prior Construction Co., Inc. County Currituck New Hanover Wake Docket Number W-1086 W-1059 W-567 Rayco Utilities, Inc. River Walk Utilities, LLC Riverbend Estates Water Systems, Inc. Riverhills Inc. Rock Creek Environmental Company Rolesville MHP LLC Royal Palms Water and Sewer Rumfelt, Mark and Fred Luther (1) Wake Macon Pitt Onslow Wake New Hanover Buncombe W-899 W-1239 W-390 W-461 W-830 W-1270 W-1105 W-1254 Brunswick S T Utility Company Sandler Utilities at Mill Run, L. C. Currituck Santeetlah Shores Water System Graham Shaw Hill 22 Investors Durham Silver Maples Mobile Estates Cabarrus (1) Cabarrus, Forsyth, Mecklenburg, Randolph, Rowan, and Stokes Counties. Annual Revenues Water Sewer $23,381 162,147 60,458 221,592 8,624 37,548 20,042 24,748 6,696 W-984 W-1130 W-577 W-943 W-776 $394,773 10,501 66,204 49,670 26,899 32,805 7,259 Number of Customers Water Sewer 112 765 212 828 0 131 62 178 22 46,927 179,725 11,705 1,892 1,598 131 5,285 Number of Systems Water Sewer 1 1 2 957 0 151 229 62 178 22 11 1 1 1 1 1 167 408 24 27 13 35 10 1 1 1 1 1 1 1 1 1 1 1 1 FIGURE NO. 7-3 WATER AND SEWER COMPANIES REGULATED BY THE NORTH CAROLINA UTILITIES COMMISSION REVENUES, CUSTOMERS, AND NUMBER OF SYSTEMS Data As Of December 31, 2008 Company South Asheville Water Works Springdale Water Company Sugarloaf Utility, Inc. Total Environmental Solutions, Inc. Town & Country Transylvania Utilities TRG Charlotte LLC Twin Creeks Utilities University Heights Water Quality Services, Inc. Water Quality Utilities Water Resources Inc. Water Resource Management, Inc. Water Works of Alamance, Inc. Watercrest Estates Webb Creek Water and Sewer, Inc. Whispering Pines Village Willowbrook Utility Co. Woodland Heights MHP Woods Water Works, Inc. TOTAL (145) County Buncombe Haywood Carteret Annual Revenues Number of Customers Water Sewer Water Sewer $11,960 $11,960 53 53 21,465 13,936 112 48 93,528 120 Docket Number W-1104 W-406 W-1154 Franklin Buncombe Transylvania Mecklenburg Buncombe W-1146 W-1193 W-1012 W-1257 W-1035 Jackson W-760 Watauga Watauga Cabarrus/Mecklenburg Watauga Alamance Iredell Onslow Cumberland Mecklenburg Buncombe Surry W-1099 W-1264 W-1034 W-1073 W-1149 W-1021 W-864 W-1042 W-981 W-1161 W-735 846,277 11,926 604,400 60,861 9,813 11,926 388,326 69,223 5,040 1,564 36 1,501 150 25 42 97,122 209,953 39,100 47,520 18,926 23,253 20,351 23,869 14,335 $45,897,153 N/A--Not Available Total Number of Current Companies--145 132 36 1,055 150 51,360 36,112 360,205 34,676 36,567 23,869 $27,307,805 Number of Systems Water Sewer 1 1 1 1 4 1 1 1 1 1 1 237 450 116 214 43 82 174 30 44 120,326 1 1 1 143 82 1,200 174 91 30 51,789 2 2 2 1 1 1 1 1 2 1,263 1 1 3 1 1 1 312 FIGURE NO. 7-4 NONCURRENT DATA OF WATER AND SEWER COMPANIES REGULATED BY THE NORTH CAROLINA UTILITIES COMMISSION Data Range 1994 - 2006 Company Cogdill, Greg S.* Cook, William E. (Green Oaks Drive) Cowan Valley Estates Water System** Environmental Maintenance Systems, Inc. Forest Hills Water System Harrco Utility Corporation Hawk Run Development of Asheville Holly Springs Golf and Country Club Knob Creek Properties, Inc. McCullers Pines Water System North State Utilities, Inc. Scientific Water and Sewerage Company, Inc. Sedgefield Development Corp. Setzer Brothers Inc. South Rowan Investment Corp. Viewmont Acres Water System Vila Pump Co. County Buncombe Cabarrus Jackson Docket Number W-1171 W-1262 W-829 Date of Data 2007 2007 2007 Annual Revenues Water Sewer $20,535 $19,476 9,424 9,797 Number of Customers Water Sewer 48 48 16 22 Number of Systems Water Sewer 1 1 1 1 (1) W-1054 2005 63,694 214 4 Surry W-935 2001 1,440 10 1 Wake/Durham Buncombe Macon W-796 W-1238 W-944 1995 2007 2007 7,594 0 Transylvania W-486 2005 19,995 171 1 Wake W-727 2001 3,410 14 1 (2) W-848 N/R Onslow Wake Catawba Rowan W-176 W-1036 W-360 W-807 2007 N/R 2007 2001 525,025 47,650 3,401 274 19 4 1 Buncombe Moore W-856 W-945 2002 2005 6,703 24,883 45 65 1 1 TOTAL (17) $743,551 * Canceled August 18, 2009 ** Canceled February 5, 2009 Total Number of Noncurrent Companies--17 (1) This Company Serves Henderson, Jackson, and Macon Counties. (2) This Company Serves Durham, Mecklenburg, and Wake Counties. 133 184,631 8,814 0 584,577 $797,498 52 0 1,635 2,585 357 52 0 1,620 2,077 1 1 5 24 7 1 1 6 16 FIGURE NO. 7-5 PLANT, REVENUE AND CUSTOMER GROWTH OF ALL REGULATED WATER & SEWER COMPANIES IN NORTH CAROLINA For the Years 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008 Thousands PLANT GROWTH REVENUE GROWTH $75,000,000 $70,000,000 $65,000,000 $60,000,000 $55,000,000 $50,000,000 $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 $600,000 $575,000 $550,000 $525,000 $500,000 $475,000 $450,000 $425,000 $400,000 $375,000 $350,000 $325,000 $300,000 $275,000 $250,000 $225,000 $200,000 $175,000 $150,000 $125,000 $100,000 $75,000 $50,000 $25,000 $0 2000 2001 2002 2003 2004 Water 2005 2006 Sewer: Plant Revenues Customers Total Number of Companies 2008 200,000 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 2000 2001 2002 2003 2004 Water Sewer 2000 Water: Plant Revenues Customers 2007 CUSTOMER GROWTH 2001 2005 2006 2007 2007 2000 2001 2002 Sewer 2003 2004 Water 2005 2006 2007 2007 Sewer 2002 2003 2004 2005 2006 2007 2008 $189,498,760 $189,765,012 $34,081,498 $36,288,535 123,868 114,745 $199,008,495 $35,655,021 112,864 $212,700,057 $34,426,236 113,931 $227,343,946 $36,205,660 113,756 $236,859,797 $40,098,539 118,031 $266,420,852 $41,632,942 120,203 $313,502,658 $46,429,096 124,195 $349,828,546 $46,640,704 122,911 $109,455,677 $118,734,887 $16,306,333 $18,509,972 47,983 50,229 $120,865,174 $18,312,651 51,288 $131,550,911 $19,275,552 51,398 $138,160,026 $20,249,091 53,847 $134,276,719 $22,114,460 53,436 $157,139,802 $25,627,284 53,136 $174,099,904 $24,676,219 55,925 $204,435,583 $28,105,303 53,866 208 213 208 191 175 169 162 225 233 134 FIGURE NO. 7-6 COMPARATIVE MONTHLY CHARGES FOR RESIDENTIAL WATER & SEWER SERVICE IN NORTH CAROLINA As of January 2009 Publicly Owned Systems Asheville Charlotte Greensboro Raleigh Wilmington Winston-Salem Average-(Simple) WATER Nonregulated Systems - Inside City Limits 3,000 gal. 6,000 gal. 9,000 gal. $22.13 $35.93 $49.73 7.32 13.56 23.80 10.05 19.25 29.65 11.73 19.57 27.41 13.45 21.30 30.15 7.36 14.73 22.09 $12.01 $20.72 $30.47 Privately Owned Systems Regulated by Commission * (Class B or Larger) Aqua Corriher Water Service Joyceton Water Works Total Environment Solutions Average-(Simple) WATER Regulated Systems - Inside Service Area 3,000 gal. 6,000 gal. 9,000 gal. $19.95 $26.70 $33.45 26.13 37.26 48.39 10.05 17.70 25.35 46.50 63.69 80.80 $25.66 $36.34 $47.00 Publicly Owned Systems Asheville Charlotte Greensboro Raleigh Wilmington Winston-Salem Average-(Simple) SEWER Nonregulated Systems - Inside City Limits 3,000 gal. 6,000 gal. 9,000 gal. $21.50 $35.54 $49.58 16.92 32.04 47.16 14.35 25.75 37.15 10.40 17.68 24.96 16.50 24.75 33.00 6.99 13.98 20.98 $14.44 $24.96 $35.47 SEWER Regulated Systems - Inside Service Area Privately Owned Systems Regulated by Commission * (Class B or Larger) Aqua America, Inc. CWS Systems Carolina Water Service of North Carolina Heater Utilities, Inc. Average-(Simple) 3,000 gal. $33.02 40.98 29.30 48.81 $38.03 6,000 gal. $46.04 40.98 46.10 48.81 $45.48 9,000 gal. $59.06 40.98 62.90 48.81 $52.94 * These rates may vary depending on area served and if the residence includes water and sewer or just one type of service. 135 VIII. THE TRANSPORTATION INDUSTRY Household Goods Movers transfers of existing certificates, and cancellations of certificates are handled through this Division. The Public Staff Transportation Rates Division has the responsibility for maintaining and reviewing annual reports of all household goods movers and auditing records and freight bills. The Public Staff offers technical assistance to the Commission and the general public in dealing with transportation matters, including damage claims. MOTOR FREIGHT CARRIERS A. CLASSIFICATION OF MOTOR FREIGHT CARRIERS Motor freight carriers are divided into three groups according to annual operating revenues. Effective January 1, 1994, the ICC eliminated the Uniform System of Accounts for common and contract motor carriers of property. This revised the classification threshold levels for Classes I, II, and III motor carriers. These levels are as follows: carriers having annual carrier operating revenues of $10 million or more are Class I carriers. Class II carriers have annual carrier operating revenues of at least $3 million but less than $10 million. Carriers having annual carrier operating revenues of less than $3 million are considered Class III carriers. This revision is intended to reduce regulatory and accounting burdens on the motor carrier industry. All household goods movers that have certificates to operate in North Carolina are required to file an annual report with the North Carolina Utilities Commission. Failure to file this report could be grounds for the cancellation of their certificates by the Commission. Enforcement and compliance with the filing of annual reports on a timely basis requires a continuing effort by Commission personnel. On December 31, 2008, there were 269 household goods movers with certificates to operate in North Carolina. There were 245 annual reports filed with the North Carolina Utilities Commission for the year ended December 31, 2008 and 24 companies’ certificates were cancelled in 2009 and 2010. C. COMMISSION ACTIVITIES An amendment to the Public Utilities Act provides that if no protests are filed in opposition to the truck application, the hearing may be canceled with the matter decided on sworn shipper affidavits. The majority of truck applications are decided in this manner. The Commission sometimes settles tariff filings and other filings based on Public Staff and Commission Staff recommendations and studies presented at Monday morning conference sessions. The Operations Division, Transportation Section, and Public Staff, Transportation Rates Division, hold monthly, day-long seminars throughout the state regarding the Commission’s Maximum Rate Tariff (MRT), which governs all household moves within North Carolina. During the MRT Seminars, the tariff is thoroughly reviewed, and a hands-on training session is held in which participants rate sample moves. In 2008, 151 representatives from the moving industry attended these seminars. D. SUMMARY OF OPERATING DATA B. DUTIES OF THE OPERATIONS DIVISION, TRANSPORTATION SECTION (See Part E for Current Legislative Action) A list of the household goods movers with selected operating financial data is shown in Figure No. 8-1. Figure 8-2 is a summary of household goods operations annual report information for 2008. It should be noted that the operating revenues for North Carolina are from freight moved on intrastate tariffs regulated by the North Carolina Utilities Commission only; therefore, they account for a very small percentage of the total revenues generated by this group of carriers. The Commission Staff Transportation Division is responsible for the administration of motor freight carriers of household goods operating within the borders of North Carolina. Authority for this activity is found in North Carolina General Statute Article 12 - Sections G.S. 62-259 through 289 and Commission Orders in Docket No. T-100, Sub 49. All applications for certificates of exemption, 137 E. LEGISLATIVE ACTION As of January 1, 1995 the ICC (Interstate Commerce Commission) preempted states over jurisdiction of the trucking industry. The North Carolina Utilities Commission has jurisdiction over Household Goods Movers only and; therefore, requires annual reports be filed by those transporters. 138 FIGURE NO. 8-1 HOUSEHOLD GOODS MOVERS COMPANY NAME A & A Moving A & D Relocation, Inc. A & L Movers A Magic Mover A+ Moving & Storage A-1 Cleanup & Movers, Inc. AAA Moving, LLC. AAA Moving and Storage, Inc. AAA Reed's Moving Service AAA Storage Company, Inc. ABC Moving and Storage, Inc. Absolute Moving & Storage, Inc. Accredited Relocation Systems, Inc. Ace Movers Acme Movers and Storage Co., Inc. Act of Class Relocation, Inc. Advance Moving & Storage, Inc. Affordable Movers Airway Moving & Storage, Inc. All American Moving & Storage of Fayetteville, Inc. All American Relocation, Inc. All My Sons Moving & Storage (Charlotte) All My Sons Moving & Storage of Raleigh All The Right Moves, Inc. Allen's Moving Service of Fayetteville, Inc Allstar Moving and Storage Co., Inc. All-States Moving and Storage Company American Moving & Hauling, Inc American Moving Systems & Storage, Inc Anderson Moving Co. Andy Anderson Moving Company Antiques Abroad, Ltd. Anytime Movers Appalachian Moving Company LLC Ark Moving and Storage Armor Bearer Discount Movers Armstrong Relocation - Raleigh Armstrong Trans & Storage Co. Inc. Paul Arpin Van Lines, Inc. ASE Moving Services Atlantic Moving Systems Berger Charlotte, Inc. Bill Scott Trucking Black's Moving & Storage (Gayla) Blue Ridge Movers, Inc. Bright's Moving (d/b/a for Susan Bright Melton) Brooks Coast to Coast Transport B's Moving Bruce's Transfer, Inc. Bulldog Moving, LLC Burnham Service Co., Inc. Byers, Sam A. & Sons Moving Service Campbell's Transfer & Storage Caraway Moving, Inc. Cardinal Moving & Storage, Inc. Carey Moving & Storage of Asheville, Inc. Carolina Classic Transport, LLC Carolina Transportation Systems, Inc. Central Moving & Storage, Inc. Chapel Hill Moving Company, Inc. Charlotte Van and Storage Co., Inc. China Grove & Landis Moving City Transfer & Storage Co. Citywide Moving Systems. Inc. Class Action Movers Coastal Carriers Moving & Storage Coastal Moving Co., Inc. Coleman American Moving Service, Inc. Covan World Wide Moving, Inc. Crofutt & Smith Storage Warehouse of NC Crown Moving & Storage, Inc. Custom Moving & Storage, Inc. DC Movers, LLC Dawson-Joyce Moving & Storage, Inc. Dedmon, A V Trucking, Inc. Dedmon Moving and Storage, Inc PACKING & ACCESSORIAL REVENUE $0.00 $5,414.34 $0.00 LINE HAUL HOURLY REVENUE REVENUE $0.00 $25,705.00 $6,524.88 $2,271.60 $0.00 $32,235.60 Canceled 4/13/2009 $8,350.00 $57,348.00 $8,635.00 $0.00 $95,209.00 $0.00 $10,900.00 $46,569.75 $3,381.05 $148,950.00 $390,392.62 $82,080.35 $0.00 $29,642.00 $0.00 $0.00 $0.00 $0.00 $142,226.34 $101,370.64 $69,016.49 $30,971.92 $105,459.16 $15,924.46 Canceled 01/29/10 FAILURE TO FILE AR - SUB 76 $18,210.00 $58,162.00 $3,000.00 $104,321.00 $112,142.00 $20,109.00 $59,687.00 $448,963.00 $43,359.00 $83,499.00 $171,860.00 $14,312.00 Canceled 02/17/09 FAILURE - REG FEE - SUB 74 $37,718.84 $15,445.30 $16,258.06 $0.00 $0.00 $0.00 $222,471.26 $242,417.49 $175,827.53 $152,038.66 $1,313,497.00 $86,570.44 $255,103.00 $1,575,512.00 $319,520.00 $45,891.00 $333,773.00 $36,130.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $39,067.39 $180,135.60 $19,287.53 $0.00 $1,450.00 $0.00 $0.00 $0.00 $0.00 $20,575.00 $99,800.60 $7,891.70 $0.00 $0.00 $0.00 $0.00 $53,253.00 $0.00 $8,696.00 $36,307.00 $2,082.76 Canceled 03/26/09 $0.00 $43,200.00 $2,825.00 $140,635.00 $101,580.00 $115,015.58 $187,029.00 $62,017.00 $227,093.00 $522.00 $1,760.00 $1,408.81 $0.00 $0.00 $0.00 $12,125.00 $6,922.00 $3,565.00 $102,760.00 $139,480.00 $156,064.00 $0.00 $31,171.00 $0.00 $0.00 $48,550.00 $2,112.00 $5,200.00 $53,083.28 $0.00 $30,425.50 $59,057.00 $0.00 $0.00 $8,288.00 $0.00 Canceled 12/23/09 FAILURE - REG FEES - SUB 78 $0.00 $123,484.00 $550.00 $0.00 $257,307.00 $0.00 Canceled 05/22/09 $13,332.48 $43,640.25 $9,971.37 $0.00 $65,441.00 $905.00 $4,335.00 $10,960.75 $98,586.75 Canceled 03/16/09 $100,914.26 $70,392.88 $62,260.55 $0.00 $56,910.69 $0.00 $0.00 $7,937.00 $0.00 $62,850.00 $48,350.00 $10,171.81 $0.00 $122,868.00 $0.00 $14,259.00 $69,550.00 $73,143.00 $6,887.11 $71,669.25 $0.00 $238,136.00 $449,813.00 $194,038.00 $65,051.00 $804,973.00 $85,054.00 $16,349.00 $33,831.00 $0.00 $84,137.00 $239,158.00 $73,865.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,804.00 $0.00 $0.00 $316,273.00 $98,569.00 $160,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $291,691.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,841.00 $11,163.00 $3,275.00 139 NC INTRASTATE NUMBER OF HOUSEHOLD GOODS FULL-TIME OPERATING REVENUE EMPLOYEES $25,705.00 0 $14,210.82 0 $32,235.60 0 $0.00 $74,333.00 4 $95,209.00 3 $60,850.80 2 $621,422.97 37 $29,642.00 0 $0.00 0 $312,613.47 27 $152,355.54 3 $0.00 $79,372.00 0 $236,572.00 27 $552,009.00 11 $269,671.00 10 $0.00 $69,422.20 28 $0.00 2 $640,716.28 135 $1,552,106.10 61 $2,150,135.00 105 $415,794.00 27 $0.00 0 $0.00 9 $0.00 6 $238,490.52 3 $1,450.00 1 $0.00 0 $128,267.30 9 $0.00 0 $53,253.00 0 $47,085.76 3 $0.00 $46,025.00 7 $357,230.58 45 $476,139.00 35 $3,690.81 6 $0.00 0 $22,612.00 3 $398,304.00 17 $31,171.00 0 $50,662.00 2 $58,283.28 4 $89,482.50 0 $8,288.00 7 $0.00 $124,034.00 3 $257,307.00 22 $0.00 $66,944.10 12 $66,346.00 0 $113,882.50 6 $0.00 $233,567.69 37 $56,910.69 8 $7,937.00 20 $121,371.81 7 $122,868.00 3 $156,952.00 25 $78,556.36 3 $881,987.00 125 $955,078.00 20 $50,180.00 0 $397,160.00 13 $0.00 41 $0.00 2 $1,804.00 134 $575,042.00 6 $0.00 20 $0.00 0 $291,691.60 4 $0.00 7 $0.00 0 $18,279.00 1 TOTAL SALARIES AND WAGES PAID FULL-TIME EMPLOYEES $0.00 $0.00 $0.00 $40,403.00 $44,872.00 $43,408.99 $298,704.59 $0.00 $0.00 $548,164.15 $40,992.26 $0.00 $96,300.00 $304,437.00 $234,890.00 $533,597.50 $32,683.18 $5,990,393.58 $766,483.94 $1,026,393.00 $247,094.35 $0.00 $259,762.00 $74,623.00 $42,290.25 $0.00 $0.00 $110,062.00 $0.00 $0.00 $12,490.00 $31,880.00 $3,777,945.50 $3,401,007.00 $1,572,738.19 $0.00 $61,480.00 $1,175,726.56 $0.00 $15,426.00 $9,090.86 $0.00 $1,656.00 $58,145.00 $111,250.00 $71,863.42 $0.00 $52,496.35 $860,017.23 $21,086.04 $351,443.82 $50,182.00 $112,215.00 $908,138.00 $19,214.50 $2,713,915.00 $621,558.00 $0.00 $186,282.00 $569,921.00 $10,076.07 $1,537,860.99 $285,775.00 $344,260.00 $0.00 $103,260.80 $125,238.00 $0.00 $5,000.00 FIGURE NO. 8-1 HOUSEHOLD GOODS MOVERS COMPANY NAME DeHaven's Transfer & Storage, Inc. DeHaven's Transfer & Storage of Greensboro, Inc. DeHaven's Transfer & Storage of Raleigh, Inc. DeHaven's Transfer & Storage of Wilson, Inc. Delancey Street Moving & Transportation Denham Moving Service Doma Moving and Storage LLC Duke, D. R. Moving, Inc. Dunmar Moving Systems Dunnagan's Moving & Storage East Coast Moving, LLC Eastern Moving & Storage, Inc. Easy Movers, Inc. Excel Moving & Storage of Greensboro, Inc. Excel Moving & Storage, Inc. Exodus Works Express Movers, The E-Z Move, Inc. Fayetteville Moving & Storage, Inc. Ferguson, Gene, Moving Co Inc Fidelity Moving & Storage Co., Inc. First Choice Moving & Storage, Inc. Fleming-Shaw Transfer & Storage, Inc. Fox Brothers of Boone, Inc. Gasperson Transfer Gentle Giant Moving Co. (NC), LLC Goldsboro Van & Storage, Inc. Graebel/North Carolina Movers, Inc. GT Moving, Inc. Handy Help Moving LLC Hardy Moving & Storage Harrison's Moving & Storage Co. Inc Hart Moving & Packing Service Harvel's, Cliff Moving Company Helms, RD, Transfer Company Helpful Movers, Inc. Highland Moving & Storage Co. (City Transfer) Hilldrup Moving & Storage Holloway Moving & Storage, Inc. Home 2 Home Moving, Pickup & Delivery Co., Inc. Homeward Bound Moving, Inc. Hood's Movers Horne Moving Systems, Inc. Humphrey, Troy, Moving & Storage, Inc. I Will Move It Today I. H. Hill Transfer & Storage, Inc. International Moving & Storage, Inc Jack Bartlett Moving Company Jackson Moving & Storage Co. Jeff's Express. LLC John's Moving & Storage John's Service Co. of New Bern Keever Moving Service Kelly Moving, Inc Kepley Moving and Storage, Inc. Ladd, J.E. & Son Transfer LaFayette Moving & Storage, Inc. Lake Norman Moving Services Lawrence Transportation Systems, Inc. Lentz Transfer & Storage Co. Lil John Movers Little Lloyd Moving & Transit Long Transfer, Inc. Lytle's Transfer & Storage, Inc. Maddox Moving Services Markethouse Moving & Storage, Inc. Marrin's Moving Systems, Ltd. Mather Brothers Moving Co., LLC Matthews Moving Systems, Inc. MBM Moving Systems. LLC McCollister's Transportation Systems, Inc. Men on the Move, Inc. Merchants Moving & Storage, Inc Miscellaneous Plus, Inc. Mitchell Movers LINE HAUL REVENUE $83,043.00 $54,002.75 $0.00 $15,862.00 $21,307.61 $14,775.17 $1,774.00 $0.00 $1,660.00 $11,836.00 $49,650.00 $12,681.34 $112,571.00 $142,284.00 $134,243.00 $0.00 Canceled 02/03/09 $19,230.24 $13,706.00 $0.00 $21,587.00 $0.00 $3,708.71 $36,343.00 $132,073.00 $0.00 $0.00 $359,957.00 $0.00 $2,989.00 $48,173.00 $11,349.87 Canceled 12/23/09 $81,663.81 $0.00 Canceled 12/23/09 $0.00 $613,040.66 $37,493.00 $0.00 $20,260.44 $0.00 $34,255.60 $21,535.00 Canceled 02/17/09 $0.00 $0.00 $16,224.00 $65,067.00 $0.00 $55,179.00 $58,520.00 $0.00 $0.00 $12,025.72 $0.00 $0.00 $0.00 $181,938.00 $149,483.00 $11,017.00 $0.00 $17,863.00 $166,752.00 $0.00 $0.00 $36,164.00 $26,858.32 $91,554.00 $119,262.00 $47,743.91 $0.00 $0.00 $0.00 $0.00 PACKING & HOURLY ACCESSORIAL REVENUE REVENUE $145,971.00 $90,718.00 $30,438.98 $55,431.13 $0.00 $0.00 $6,079.00 $16,236.00 $200,433.64 $44,505.80 $12,335.41 $4,860.53 $23,562.00 $2,189.00 $151,661.42 $0.00 $0.00 $440.00 $26,220.00 $2,630.00 $50,942.24 $5,186.40 $3,909.60 $4,027.05 $632,785.00 $68,736.00 $149,691.00 $151,546.00 $158,501.00 $234,418.00 $10,973.00 $0.00 FAILURE - CARGO & AUTO $106,165.90 $18,282.09 $36,190.00 $8,153.00 $44,023.26 $0.00 $21,569.00 $13,795.00 $0.00 $0.00 $0.00 $1,632.90 $49,854.00 $37,846.00 $362,671.00 $72,438.00 $371,364.70 $15,011.00 $0.00 $0.00 $91,017.00 $420,921.00 $71,936.25 $5,243.00 $145,320.00 $2,338.00 $138,843.00 $55,320.00 $3,253.50 $0.00 FAILURE - REG FEES - SUB 78 $325,456.17 $69,905.04 $997.50 $0.00 FAILURE - REG FEES - SUB 78 $36,384.05 $0.00 $331,373.33 $712,452.65 $372,425.00 $30,196.00 $0.00 $0.00 $98,063.75 $8,074.07 $18,586.00 $0.00 $43,125.07 $44,374.38 $48,108.00 $17,064.00 FAILURE - REG FEE - SUB 74 $0.00 $0.00 $0.00 $0.00 $88,782.00 $15,651.00 $28,396.00 $41,201.00 $0.00 $0.00 $454,839.00 $214,699.00 $113,068.50 $19,109.50 $28,592.00 $0.00 $16,477.50 $0.00 $13,382.40 $2,931.25 $61,037.00 $0.00 $0.00 $0.00 $0.00 $0.00 $75,556.00 $188,994.00 $150,913.00 $183,672.00 $30,941.50 $0.00 $41,123.00 $0.00 $94,413.00 $17,875.00 $5,798.00 $179,590.00 $14,937.50 $0.00 $0.00 $0.00 $293,205.00 $56,166.00 $83,618.00 $28,881.91 $477,627.86 $358,367.00 $234,762.00 $61,069.00 $41,596.54 $32,445.28 $0.00 $0.00 $0.00 $0.00 $35,493.00 $319.00 $47,000.00 $0.00 140 NC INTRASTATE NUMBER OF HOUSEHOLD GOODS FULL-TIME OPERATING REVENUE EMPLOYEES $319,732.00 125 $139,872.86 47 $0.00 0 $38,177.00 16 $266,247.05 0 $31,971.11 0 $27,525.00 12 $151,661.42 3 $2,100.00 0 $40,686.00 8 $105,778.64 23 $20,617.99 13 $814,092.00 13 $443,521.00 73 $527,162.00 79 $10,973.00 1 $0.00 $143,678.23 15 $58,049.00 87 $44,023.26 5 $56,951.00 25 $0.00 0 $5,341.61 17 $124,043.00 5 $567,182.00 26 $386,375.70 15 $0.00 4 $871,895.00 60 $77,179.25 0 $150,647.00 13 $242,336.00 22 $14,603.37 0 $0.00 $477,025.02 16 $997.50 0 $0.00 $36,384.05 44 $1,656,866.64 102 $440,114.00 6 $0.00 0 $126,398.26 7 $18,586.00 2 $121,755.05 44 $86,707.00 18 $0.00 $0.00 0 $0.00 0 $120,657.00 22 $134,664.00 18 $0.00 0 $724,717.00 42 $190,698.00 8 $28,592.00 3 $16,477.50 0 $28,339.37 4 $61,037.00 2 $0.00 0 $0.00 0 $446,488.00 75 $484,068.00 38 $41,958.50 0 $41,123.00 0 $130,151.00 13 $352,140.00 1 $14,937.50 0 $0.00 0 $385,535.00 34 $139,358.23 19 $927,548.86 60 $415,093.00 86 $121,785.73 44 $0.00 0 $0.00 21 $35,812.00 2 $47,000.00 0 TOTAL SALARIES AND WAGES PAID FULL-TIME EMPLOYEES $2,225,608.58 $566,625.12 $0.00 $156,800.00 $0.00 $0.00 $44,460.00 $39,591.00 $0.00 $15,188.00 $110,152.65 $292,435.14 $374,797.00 $2,504,359.00 $3,032,835.00 $23,094.50 $81,172.80 $2,002,375.00 $39,043.07 $944,515.00 $0.00 $321,270.72 $133,270.00 $959,782.00 $232,841.00 $60,096.83 $5,702,598.00 $0.00 $71,080.00 $367,870.51 $0.00 $283,523.00 $0.00 $535,043.00 $9,069,975.03 $151,504.00 $0.00 $121,093.40 $8,000.00 $1,605,879.77 $425,000.00 $0.00 $0.00 $125,512.00 $475,054.00 $0.00 $510,383.00 $120,643.00 $9,309.00 $0.00 $55,276.00 $29,209.00 $0.00 $0.00 $1,404,822.00 $1,294,840.00 $0.00 $0.00 $287,236.65 $40,000.00 $0.00 $0.00 $241,546.00 $658,974.24 $1,120,221.42 $1,724,575.00 $1,687,842.17 $0.00 $430,827.00 $27,101.00 $0.00 FIGURE NO. 8-1 HOUSEHOLD GOODS MOVERS COMPANY NAME Modern Moving & Storage, Inc. Moody Movers, Inc. Morehead Moving and Storage, Inc. Move It Now Move It Now of Raleigh Move Makers, Inc. (The) Movemart Relocation, Inc Movers at Demand, Inc. (MAD) Movers Not Shakers Movin' On Movers, Inc. Moving Company, The Moving Men Mungro's Moving Murphy Movers Murray Transfer & Storage Co., Inc. Muscle Movers, Inc. Nelson's Delivery Service New Beginnings Moving & Storage, Inc. New Bell Storage New Hanover Moving & Storage New World Van Lines, Inc. Nilson Van & Storage, Inc North American Van Lines, Inc. North Star Movers Old Farm Rd. Moving & Storage Omni Moving and Storage, Inc. Owens, Randy Moving Service. LLC Parks Moving & Storage, Inc. Parks Transfer Patterson Storage Warehouse Co., Inc Paxton Van Lines of NC, Inc. Peach Movers of North Carolina, Inc. Piedmont Van & Storage Co. Pilot Van Lines, Inc. Port City Transfer & Storage Company Premium Moving, Inc. Prestige Moving Pro Movers, LLC Quality Moving & Storage, Inc. Ray Moving & Storage, Inc. Redi-Care Movers, LLC Reliable Moving Co. LLC Reliable Van & Storage, Inc. RM Moving & Storage Rockingham Movers Roller Mill Moving & Storage Salisbury Moving & Storage Sandhills Moving & Storage Co. Sawyers EZ Move Seaboard Moving & Storage, Inc. Security Storage Company, Inc. (Goldsboro) Security Storage Company of Charlotte, Inc Security Storage Company of Raleigh, Inc Sells Service, Inc Sheets Transfer & Storage Co, Inc Shore to Shore Moving & Storage Small Moves Smart Move, LLC Smith Dray Line & Storage Co., Inc Smith, M.M. Storage Warehouse, Inc Smith, W.E. Moving Co. (City Transfer) Smoky Mountain Moving Co, Inc. Smooth Movin' Services, Inc. South End Moving Co. Southern Moving Southpark Moving Consultants Southport Furniture Delivery Staley's Moving Vans Stanley's Transfer Co. State Moving & Storage, Inc Steele & Vaughn Moving Stevens Van Lines, Inc Stor-Trans, Inc. Suddath Relocation Systems of Charlotte, LLC Superior Moving Systems, Inc. LINE HAUL REVENUE $0.00 $0.00 Canceled 03/26/09 $31,623.80 Canceled 02/17/09 Canceled 12/23/09 $0.00 $0.00 $0.00 $24,416.00 $0.00 $26,466.30 $0.00 $2,000.00 $46,145.00 $0.00 $0.00 $0.00 $4,014.55 $0.00 $40,597.00 $8,721.00 $0.00 $0.00 $0.00 $4,204.00 $0.00 $14,616.37 $0.00 $27,870.00 $112,965.00 Canceled 02/17/09 $1,220.00 $0.00 $41,367.00 $94,527.00 $167,485.50 $0.00 $0.00 $230,217.00 $112,436.00 $0.00 $0.00 $0.00 Canceled 08/12/09 $0.00 $57,831.54 $74,795.00 $1,100.00 $0.00 Canceled 01/29/10 Canceled 12/23/09 Canceled 01/29/10 $18,542.00 $109,533.00 $2,379.00 $0.00 Canceled 01/29/10 $84,450.00 $0.00 $0.00 $25,587.00 $0.00 $1,995.00 $0.00 $0.00 $0.00 $22,328.00 Canceled 03/26/09 $0.00 $26,119.81 $25,516.00 $20,176.25 $95,996.00 $41,113.67 HOURLY REVENUE $0.00 $0.00 PACKING & ACCESSORIAL REVENUE $0.00 $0.00 $105,583.70 $1,498.50 FAILURE - REG FEE - SUB 74 FAILURE - REG FEE - SUB 78 $0.00 $0.00 $33,329.00 $1,096.00 $0.00 $0.00 $193,611.00 $8,539.00 $2,232.00 $0.00 $116,451.00 $33,524.67 $8,800.00 $0.00 $30,335.00 $1,825.00 $45,303.00 $41,822.00 $53,500.00 $0.00 $0.00 $0.00 $51,874.25 $4,205.50 $6,852.45 $6,949.83 $40,565.00 $0.00 $0.00 $64,919.00 $0.00 $2,401.00 $0.00 $0.00 $58,897.00 $0.00 $22,631.00 $0.00 $48,757.00 $9,218.00 $38,952.00 $0.00 $12,461.55 $9,213.77 $47,910.00 $0.00 $20,379.00 $29,234.00 $91,532.00 $149,514.00 FAILURE - REG FEE - SUB 74 $0.00 $474.00 $0.00 $0.00 $259,406.00 $14,048.35 $206,503.00 $20,529.00 $184,360.83 $8,880.20 $50,440.00 $2,350.00 $0.00 $0.00 $366,730.00 $385,985.00 $140,045.50 $0.00 $255.00 $0.00 $0.00 $0.00 $19,985.78 $0.00 $16,447.00 $1,178.70 $75,334.52 $90,151.79 $94,205.00 $46,290.00 $39,731.00 $2,010.00 $0.00 $0.00 FAILURE TO FILE AR - SUB 76 FAILURE - REG FEES - SUB 78 FAILURE TO FILE AR - SBU 76 $17,405.00 $10,181.00 $119,885.00 $98,639.00 $1,700.00 $148.50 $173,989.32 $1,855.00 FAILURE TO FILE AR - SUB 76 $87,250.00 $242,679.00 $0.00 $0.00 $5,865.01 $0.00 $85,840.00 $14,738.00 $1,045.00 $0.00 $46,287.00 $80.00 $472,759.67 $0.00 $62,468.00 $0.00 $0.00 $0.00 $60,974.00 $0.00 $0.00 $144,817.43 $0.00 $14,400.00 $112,800.00 $134,226.98 141 $0.00 $218.62 $1,347.00 $8,200.00 $464,676.00 $76,014.15 NC INTRASTATE NUMBER OF HOUSEHOLD GOODS FULL-TIME OPERATING REVENUE EMPLOYEES $0.00 16 $0.00 0 $0.00 $138,706.00 2 $0.00 $0.00 $0.00 0 $34,425.00 0 $0.00 1 $226,566.00 31 $2,232.00 0 $176,441.97 3 $8,800.00 0 $34,160.00 1 $133,270.00 34 $53,500.00 2 $0.00 2 $56,079.75 8 $17,816.83 0 $40,565.00 2 $105,516.00 0 $11,122.00 58 $0.00 0 $58,897.00 2 $22,631.00 4 $62,179.00 63 $38,952.00 0 $36,291.69 19 $47,910.00 0 $77,483.00 36 $354,011.00 46 $0.00 $1,694.00 10 $0.00 0 $314,821.35 12 $321,559.00 16 $360,726.53 0 $52,790.00 6 $0.00 3 $982,932.00 44 $252,481.50 0 $255.00 0 $0.00 0 $19,985.78 1 $0.00 $17,625.70 0 $223,317.85 8 $215,290.00 11 $42,841.00 6 $0.00 0 $0.00 $0.00 $0.00 $46,128.00 19 $328,057.00 15 $4,227.50 1 $175,844.32 11 $0.00 $414,379.00 19 $0.00 14 $5,865.01 4 $126,165.00 3 $1,045.00 3 $48,362.00 4 $472,759.67 28 $62,468.00 4 $0.00 0 $83,302.00 0 $0.00 $0.00 0 $171,155.86 0 $26,863.00 0 $42,776.25 5 $673,472.00 28 $251,354.80 16 TOTAL SALARIES AND WAGES PAID FULL-TIME EMPLOYEES $430,658.00 $0.00 $30,450.00 $0.00 $0.00 $4,990.00 $361,611.00 $0.00 $102,876.00 $0.00 $13,341.00 $900,181.00 $6,155.00 $44,200.00 $21,710.00 $0.00 $18,600.97 $0.00 $593,899.00 $0.00 $14,698.25 $58,219.84 $836,913.00 $0.00 $564,930.99 $0.00 $1,113,095.00 $2,856,738.00 $351,766.00 $0.00 $413,835.00 $209,346.00 $0.00 $25,590.00 $80,408.00 $1,152,931.00 $0.00 $145.00 $0.00 $3,034.30 $0.00 $282,927.96 $481,200.00 $6,480.00 $0.00 $217,420.00 $463,643.00 $34,260.00 $59,594.05 $1,146,259.00 $471,638.00 $38,433.00 $83,095.00 $37,100.00 $23,340.00 $258,646.14 $58,230.00 $0.00 $0.00 $0.00 $0.00 $0.00 $43,687.00 $296,429.00 $222,833.02 FIGURE NO. 8-1 HOUSEHOLD GOODS MOVERS COMPANY NAME T & J Movers (Tyrone Lamont Levan) Taylor's Moving Company Terminal Storage Company, Inc Thomas, J. E., & Sons Moving T-N-T Moving Systems, Inc. Todd's Easy Moves Trading Post, Inc. The Triad Moving & Storage Triangle Mobile Storage & Moving, LLC Triangle Moving Service, Inc. Tri-City Movers Triple A Moving & Storage, Inc. TROSA Moving Truckin' Movers Corporation Tru-Pak Moving Systems, Inc. Tryon Moving & Storage, Inc. Turners Moving Inc Two Men & a Truck (Greensboro) Two Men & a Truck of Asheville Two Men & a Truck of Charlotte Two Men & a Truck of Charleston/Mrytle Beach Two Men & a Truck of Durham Two Men & a Truck of Eastern NC Two Men & a Truck of Fayetteville Two Men & a Truck of Raleigh Two Men & a Truck of Wilmington Two Men & a Truck of Winston Salem Two Strong Dudes Moving Company LLC VIP Transport Services Umstead Brothers, Inc. Union Transfer & Storage Co., Inc. Unity Moving and Storage, Inc. Wainwright Transfer Co. of Fayetteville, Inc Weathers Brothers Moving & Storage Co., Inc Weathers Moving & Distribution The Webb Company, Inc West Furniture Inc Whitaker Moving & Express Wile Transfer & Storage Co., Inc Willis Moving & Storage, Inc Woodruff Trucking, Inc. Worldwide Relocation Services, Inc Yarbrough Transfer Company TOTALS: LINE HAUL REVENUE $950.00 $0.00 $0.00 $22,850.37 $3,627.00 $49,663.97 $0.00 $0.00 $0.00 $78,261.80 $0.00 $11,350.00 $226,036.64 $35,545.34 $34,696.00 Canceled 03/16/09 $0.00 $167,494.23 $72,209.29 $169,747.00 Canceled 01/29/10 $146,240.12 $110,538.00 $58,990.00 $132,437.00 $164,680.00 $120,520.87 $0.00 $0.00 $0.00 $94,187.47 $16,987.00 $0.00 $0.00 $13,134.00 $5,375.00 Canceled 01/29/10 $0.00 $54,886.34 $0.00 $0.00 $37,692.54 $0.00 HOURLY REVENUE $47,008.00 $136,425.00 $0.00 $37,776.00 $125,000.00 $118,072.88 $29,470.00 $0.00 $0.00 $279,158.17 $0.00 $0.00 $1,408,074.66 $101,259.40 $43,691.00 $9,397,226.56 $31,101,945.98 PACKING & ACCESSORIAL REVENUE $0.00 $0.00 $0.00 $9,846.13 $4,248.00 $24,764.30 $6,162.00 $0.00 $0.00 $28,605.92 $0.00 $0.00 $287,694.66 $29,826.58 $18,689.00 $1,800.00 $0.00 $898,897.14 $114,673.85 $716,361.43 $34,442.92 $2,015,883.00 $119,011.00 FAILURE TO FILE AR - SUB 76 $946,684.42 $140,858.06 $128,673.00 $41,974.00 $346,471.00 $39,141.00 $1,404,016.24 $24,120.08 $729,868.00 $60,010.00 $592,634.58 $68,104.59 $71,210.00 $0.00 $7,582.50 $1,106.00 $16,287.96 $0.00 $243,082.21 $74,174.46 $76,107.00 $2,358.00 $0.00 $0.00 $0.00 $0.00 $13,852.00 $17,095.00 $602,863.00 $192,812.00 FAILURE TO FILE AR - SUB 76 $0.00 $0.00 $78,649.44 $103,374.52 $0.00 $0.00 $49,366.20 $1,240.43 $9,456.13 $33,409.56 $0.00 $0.00 142 $9,068,594.20 NC INTRASTATE NUMBER OF HOUSEHOLD GOODS FULL-TIME OPERATING REVENUE EMPLOYEES $47,958.00 2 $136,425.00 2 $0.00 31 $70,472.50 3 $132,875.00 6 $192,501.15 18 $35,632.00 2 $0.00 0 $0.00 0 $386,025.89 9 $0.00 0 $11,350.00 0 $1,921,805.96 9 $166,631.32 17 $97,076.00 31 $0.00 $1,800.00 0 $1,181,065.22 186 $823,013.64 3 $2,304,641.00 237 $0.00 $1,233,782.60 57 $281,185.00 13 $444,602.00 12 $1,560,573.32 86 $954,558.00 26 $781,260.04 123 $71,210.00 3 $8,688.50 13 $16,287.96 0 $411,444.14 37 $95,452.00 4 $0.00 0 $0.00 0 $44,081.00 74 $801,050.00 32 $0.00 $0.00 0 $236,910.30 4 $0.00 0 $50,606.63 1 $80,558.23 59 $0.00 0 $49,567,766.74 4,317 TOTAL SALARIES AND WAGES PAID FULL-TIME EMPLOYEES $7,050.00 $34,650.00 $1,039,610.00 $44,762.00 $67,485.00 $82,385.29 $26,692.92 $0.00 $0.00 $177,799.26 $0.00 $0.00 $271,314.00 $296,892.47 $826,013.00 $0.00 $706,598.23 $12,600.00 $1,371,731.00 $591,101.43 $131,266.00 $147,180.00 $774,973.82 $435,964.00 $428,122.63 $38,250.00 $134,743.53 $0.00 $1,104,424.30 $44,718.00 $0.00 $0.00 $1,131,804.72 $875,804.00 $0.00 $115,916.74 $0.00 $24,910.00 $1,802,612.09 $0.00 $99,842,355.67 Figure No. 8-2 SUMMARY OF HHG OPERATIONS ANNUAL REPORT INFORMATION - 2008 Section I. 1. 2. 3. 4. JURISDICTIONAL INTRASTATE HHG OPERATING REVENUE Line Haul (MRT Section III) Hourly (MRT Section II) Packing and Accessorial (MRT Sections I & IV/Valuation) Total NC Jurisdictional Revenue: Section II. $ 9,407,504.81 $ 31,199,721.88 $ 9,078,098.80 $ 49,685,325.49 OPERATING STATISTICS 5. 6. 7. Number of regulated weight/distance moves performed Total bill of lading miles Total bill of lading weight (in pounds) 8. 9. Number of regulated hourly moves performed Total hours billed 10. TOTAL NUMBER OF REGULATED MOVES PERFORMED 11. Number of each type of estimate for moves performed: 4,981 713,201 34,329,674 49,357 274,459 54,338 a) Non-binding (written): b) Binding (Not-to-Exceed and Guaranteed) (written): c) No written estimate: 12. 17,196 4,585 32,557 Number of each type of valuation applicable for moves performed: a) Basic: ($0.60/lb/article – No charge) b) Depreciated: (Customer charged $0.50 /$100 of value) c) Full Value: (Customer charged $0.75/$100 of value) 48,103 1,299 4,936 Section III. JURISDICTIONAL REVENUES 13. 14. 15. 16. 17. Quarter ended March 31, 2008: Quarter ended June 30, 2008: Quarter ended September 30, 2008: Quarter ended December 31, 2008: Total for 2008: $ $ $ $ $ 10,095,673.07 14,399,569.93 14,872,663.31 10,317,421.13 49,685,327.44 Section IV. CARGO CLAIMS INFORMATION 18. 19. Number of loss and damage claims filed Total dollar amount of claims filed Section V. 20. 22. 1,892 $ 489,394.76 NC EMPLOYEE DATA Number of full-time NC employees (W-2’s & Contract) Total salaries/wages paid to full-time NC employees (W-2’s & 1099’s) 143 4,350 $100,017,054.21 IX. THE TRANSPORTATION INDUSTRY Motor Passenger Carriers B. REGULAR CARRIERS MOTOR PASSENGER CARRIERS A. GENERAL COMMENTS ROUTE PASSENGER Financial data is presented for the three regulated regular route passenger carriers having separate operations during 2008 who filed annual reports with the North Carolina Utilities Commission. The carriers have franchise and operating rights to serve two or more points (from one city to another city) and are further classed and operate as common carriers over intrastate routes as regulated by the Commission. For the purpose of filing annual reports, both the Federal Motor Carrier Safety Administration (FMCSA) (formerly the Interstate Commerce Commission) and the North Carolina Utilities Commission (NCUC) in R2-48 authorized the following classifications effective January 1, 1980, for the motor passenger carriers: CLASSIFICATION REQUIREMENTS: Class I $3,000,000 C. FARE INTERCITY or more annual operating revenues Class II $500,000--$3,000,000 annual operating revenues Class III Under $500,000 annual operating revenues INCREASES AUTHORIZED-- The FMCSA basically regulates the rate level of regular route bus fares. The Commission does receive tariff sheets for these companies as notification of rate changes. D. PREEMPTION OF REGULATION OVER MOTOR CARRIERS OF PASSENGERS IN CHARTER BUS TRANSPORTATION As of December 31, 2008, there were 39 motor passenger carriers franchised to operate under the regulation of the North Carolina Utilities Commission. See Figure Nos. 9-1 and 9-2 for a list of the companies. These companies include 21 transportation brokers, 15 motor boat (ferry) passenger carriers, and three motor passenger carriers. Transportation brokers, as herein used, means any person not a bona fide employee or agent of a motor carrier who engages in the business of selling or offering for sale any transportation of passengers by motor carriers for compensation, either directly or indirectly. A transportation broker does not own or operate the vehicles used to transport passengers to whom he sells or arranges for this type of service. The 21 brokers involved in this report are not required to file annual reports; therefore, there is no operating data shown in this report. Operating data is included for the eighteen motor passenger carriers who filed 2008 annual reports with the Commission. In June 1998, Federal legislation was enacted which preempted the economic regulation of charter bus transportation on an intrastate and interstate basis. In summary the legislation allows a state to continue safety regulatory authority with respect to motor vehicles and to continue to regulate carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization. Preemption also does not apply to intrastate commuter bus operations nor does it apply to intrastate regular route passenger transportation. The certificates issued to charter bus transportation companies were canceled by Commission Order dated September 9, 1998. 145 REGULAR ROUTE PASSENGER CARRIERS REGULATED BY THE COMMISSION AS OF DECEMBER 31, 2008 American Charters, Ltd. 1251 W. Craighead Road Charlotte, North Carolina 28206 B-366 Carolina Coach Company P. O. Box 660362 Dallas, Texas 75201 B-15 Greyhound Lines, Inc. P. O. Box 660362 Dallas, Texas 75201 B-7 146 FIGURE NO. 9-1 MOTOR PASSENGER CARRIERS FRANCHISED TO OPERATE IN NORTH CAROLINA AS OF DECEMBER 31, 2008 Class I Carriers Carolina Coach Company Greyhound Lines Total Class I Carriers--2 Class II Carriers: America Charters, Ltd. Total Class II Carriers--1 Motor Boat Common Carriers: Bald Head Island Transportation Barrier Island Transportation Service, Inc. Calico Jack's Ferry Cape Lookout Cabins & Camps Ferry Serv. Core Sound Kayaks & Touring Co., Inc. Davis Shore Ferry Service Island Ferry Adventures Johnny's Goodtime Fishing Charters Local Yokel Ferry & Tours, The Morris Marina, Kabin Kamps & Ferry Service Mystery Tours, Inc. Ocean Isle Fishing Center, Inc. Outer Banks Ferry Service Portsmouth Island Boat Tours Waterfront Ferry Service, Inc. Total Motor Boat Carriers--15 Docket # B-15 B-7 B-366 A-41 A-37 A-46 A-66 A-59 A-65 A-52 A-60 A-54 A-26 A-51 A-56 A-40 A-30 A-55 GRAND TOTAL CARRIERS--18 *All carriers have intracity authority pursuant to Commission Rule R2-69. 147 FIGURE NO. 9-2 MOTOR PASSENGER BROKERS FRANCHISED TO OPERATE IN NORTH CAROLINA (All Intercity) AS OF DECEMBER 31, 2008 Transportation Brokers Docket # Transportation Brokers Docket # Transportation Brokers Docket # A & B Tours Route 4, Box 585 Louisburg, N. C. 27549 B-524 Creation Tours 7 Timberline Road Canton, N. C. 28716 B-512 Kahl's, Wayne, Tours Route One, Box 261 Union Grove, N. C. 28689 B-523 Albertson, Charles W. Route 2, Box 141E Beaulaville, N. C. 28518 B-332 Davis Tours, Incorporated 118 Grandview Lane Hendersonville, N. C. 28739 B-342 Kay, Hazel, Tours 910 Alice Drive Thomasville, N. C. 27360 B-330 Caro-Lan Tours, Inc. 4 Barksdale Drive Jacksonville, N. C. 28540 B-464 * Daybreak Tour 1314 Winfield Drive Winston Salem, N. C. 27105 B-434 Per-Flo Tours, Inc. 339 Bryan Blvd., Hwy. 117 & 13 South Goldsboro, N. C. 27530 B-321 Carolina Tours, Inc. 30 Cherry Grove Road Asheville, N. C. 28805 B-326 * 4 Wynnes, Inc. Tours and Travels Route 1, Box 463A Winterville, N. C. 28590 B-482 Scurlock's Travel & Tours P.O. Box 424 Pittsboro, N. C. 27312 B-413 Charlotte Arrangements 1409 E. Boulevard, Suite 231 Charlotte, N. C. 28203 B-615 * Fun Tours P. O. Box 4058 Hickory, N. C. 28603 B-675 Southern States Tours & Conventions 117 Hollyberry Lane Lexington, N. C. 27292 B-600 Christian Tours, Inc. 4643 Highway 16 South Maiden, N. C. 28650 B-689 J & J Tours P. O. Box 121 Murfreesboro, N. C. 27855 B-564 USA Luxury Tours, Inc. 4210 Amesbury Lane Durham, N. C. 27707 B-673 Convenient Tours Route 1, Box 336-A Ash, N. C. 28420 B-410 JA-DE Tours & Charter 1224 Broad Street New Bern, N. C. 28560 B-573 Word, Ken, Tours P. O. Box 956 Edenton, N. C. 27932 B-644 TOTAL BROKERS--21 *Daybreak Tour, 4 Wynnes, Inc. Tours and Travel, and Fun Tours were all cancelled in 2009. 148 FIGURE NO. 9-3 REGULAR ROUTE PASSENGER CARRIERS Summary of Total Revenues and Expenses For the Calendar Years 2007 and 2008 Carrier America Charters, Ltd. Carolina Coach Company Greyhound Lines, Inc. TOTAL (3) Docket Number B-366 B-15 B-7 Total Company Total Company Operating Revenues Operating Expenses 2007 2008 2007 2008 $11,175,357 $12,480,866 $10,595,892 $11,756,045 24,723,281 4,963,396 20,433,736 5,060,290 750,343,459 821,454,151 717,440,178 721,784,182 $786,242,097 $838,898,413 $748,469,806 $738,600,517 149 Total Company Operating Ratio 2007 2008 94.8% 94.2% 82.6% 102.0% 95.6% 87.9% 95.2% 88.0% FIGURE NO. 9-4 MOTOR BOAT COMMON CARRIERS AS OF DECEMBER 31, 2008 Bald Head Island Transportation, Inc. (A-41) P. O. Box 3069 Bald Head Island, North Carolina 28461 Davis Shore Ferry Service (A-65) 148 Willis Road Davis, North Carolina 28524 Mystery Tours, Inc. (A-51) 1227 Creek Road Morehead City, North Carolina 28557 Barrier Island Transportation Service, Inc. (A-37) P. O. Box 400 Harkers Island, North Carolina 28531 Island Ferry Adventures (A-52) 131-A Old Causeway Road Atlantic Beach, North Carolina 28512 Ocean Isle Fishing Center, Inc. (A-56) 65 Causeway Drive Ocean Isle Beach, North Carolina 28969 Calico Jack's Ferry (A-46) 1698 Island Road Harkers Island, North Carolina 28531 Johnny's Goodtime Fishing Charters (A-60) P. O. Box 214 Davis, North Carolina 28524 Outer Banks Ferry Service, Barrier Island, Inc., d/b/a (A-40) 328 Front Street Beaufort, North Carolina 28516 Cape Lookout Cabins & Camps Ferry Service (A-66) P. O. Box 251 Davis, North Carolina 28524 Local Yokel Ferry & Tours, The (A-54) 516 Island Road Harkers Island, North Carolina 28531 Portsmouth Island Boat Tours (A-30) P. O. Box 375 Ocracoke, North Carolina 27960 Core Sound Kayaks & Touring Co., Inc. (A-59) 1545 Harkers Island Road Beaufort, North Carolina 28516 Morris Marina Kabin Kamps & Ferry Service Inc. (A-26) 1000 Morris Marina Road Atlantic, North Carolina 28511 Waterfront Ferry Service, In (A-55) P. O. Box 207 Harkers Island, North Carolina 28531 Company Bald Head Island Transportation, Inc. Barrier Island Transportation Service, Inc. Calico Jack's Ferry Cape Lookout Cabins & Camps Ferry Service Core Sound Kayaks & Touring Co., Inc. Davis Short Ferry Service Island Ferry Adventures Johnny's Goodtime Fishing Charters Local Yokel Ferry and Tours, The Morris Marina Kabin Kamps & Ferry Service Inc. Mystery Tours, Inc. Ocean Isle Fishing Center, Inc. Outer Banks Ferry Service Portsmouth Island Boat Tours Waterfront Ferry Service, Inc. Scope of Operation From Southport to Bald Head Island Via Water and Return From Harkers Island to Cape Lookout Bight Area on Cape Lookout and Return From Harkers Island to Shackleford Banks and Cape Lookout and Return From Davis, NC to Core Banks and Return From Harkers Island to Shackleford Banks and Core Banks and Return From Davis, NC to Core Banks and Return From Atlantic Beach to Shackleford Banks, Carrot Island, Cape Lookout, Morehead City & Beaufort From Davis, NC to Cape Lookout National Seashore and Return From Harkers Island to Shackleford Banks and Cape Lookout and Return Statewide in North Carolina Via Water From Morehead City and Beaufort to Shackleford Banks and Cape Lookout and Return Ocean Isle Fishing Center to Bird Island and a Sandbar Island in Shallotte Inlet and Return Beaufort to Carrot Island/Shackleford Banks/Cape Lookout Ocracoke to Portsmouth Island Via Water and Return From Morehead City to Shackleford Banks and Return N/R - No Report Filed 150 Operating Revenues Operating Expenses $ 3,824,494 21,483 158,985 0 0 366,763 263,252 0 47,427 814,292 121,460 0 207,705 45,975 2,917 $ 3,707,152 33,417 11,793 0 0 314,926 217,084 0 45,301 289,359 98,031 0 197,955 22,125 3,750 No. of Tariffed Passengers 318,621 2,099 15,608 0 0 8,019 17,589 0 4,683 6,396 180 0 12,472 2,546 782