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HomeMy WebLinkAboutStaff Report 177_10TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: APRIL 5, 2010 REPORT TYPE: INFORMATIONAL DEPARTMENT: UTILITIES CMR: 177:10 SUBJECT: Report of City Manager Action Pursuant to the City's Water Contract with San Francisco on the Conduct of the Bay Area Water Supply and Conservation Agency's Fiscal Year 2005-06 and Fiscal Year 2006-07 Audit of the Suburban Revenue Requirement This report is for the Council's information only. No action is required. DISCUSSION On December 12, 2005, the Council delegated to the City Manager the authority to execute certain documents for the City of Palo Alto under the Settlement Agreement and Master Water Sales Contract (Contract) with San Francisco when the City acts as a Suburban Representative [CMR 434:05]. The authority required staff to report to the Council whenever the City Manager acted under the delegated authority. On February 24, 2010, the City Manager exercised that authority when he signed a Tolling Agreement and a Settlement Agreement between the City and County of San Francisco and the Suburban Representatives. The Suburban Revenue Requirement is the amount the Contract allows San Francisco to collect from the Suburban Purchasers, the group of agencies that purchase water wholesale from the San Francisco regional water system. These same agencies comprise the membership of the Bay Area Water Supply and Conservation Agency (BAWSCA). The City of Palo Alto is one of the five Suburban Representatives of the BAWSCA member agencies for the Contract administration. The Contract requires that a "compliance audit" be performed on San Francisco's calculation of the Suburban Revenue Requirement each fiscal year. Each year, the Suburban Representatives may choose to conduct a "suburban review" of the compliance audit. The Contract allows a specific period of time for a party to the agreement to serve a Demand for Arbitration for each fiscal year on the calculation of the Suburban Revenue Requirement. In order to modify the calculation for FY 2006, a Demand for Arbitration must have been served by April 18, 2009. On March 20, 2009, the SFPUC notified BAWSCA of an error in the calculation of the Suburban Revenue Requirement for FY 2006 and FY 2007 related to the accounting of expenses for the CMR: 177:10 Page 1 of 2 retiree health subsidy. In order to evaluate the error asserted by the SFPUC, more time than the short time between notifying BAWSCA of the error and the deadline to modify the FY 2006 Suburban Revenue Requirement was needed. Therefore, a tolling agreement was developed to allow sufficient time to evaluate the SFPUC's claim. The City Manager signed that tolling agreement on April 2, 2009 [CMR: 230:09). The tolling agreement extended the amount of time to settle issues going back to FY 2006 and 2007, but it expired March 1, 2010. During the auditor's review of the FY 2009 Suburban Revenue Requirement, two additional errors were discovered that could have ramifications for FY 2006 and 2007. In order to allow sufficient time to check into these issues, a revised tolling agreement was necessary to extend the deadline to June 1, 2010 to resolve these two errors. In addition, a settlement agreement was signed that credits the wholesale customers for errors already resolved, but also provides that should these two most recent errors result in further necessary adjustments, the parties are not precluded from making any necessary credits. POLICY IMPLICATIONS The attached Tolling Agreement and Settlement Agreement were executed in accordance with Council authority delegated to the City Manager. If the issues raised by the claims cannot be resolved without going to arbitration, the Council will be asked to approve that action. ATTACHMENTS A. Tolling Agreement between the City and County of San Francisco and the Suburban Representatives B. Settlement Agreement between the City and County of San Francisco and the Suburban Representatives: Suburban Revenue Requirement for FY 2005-06 and FY 2006-07 PREPARED BY: ANE RATCHYE Utilities Assistant Director, Resource Management DEPARTMENT HEAD: CITY MANAGER APPROVAL: J VALERI O. F 1 E G Director of Utili ies JA KEENE Ci nager CMR: 177:10 Page 2 of 2 ATTACHMENT A TOLLING AGREEMENT THIS AGREEMENT is made as of the 1st day of March, 2010, between the City and County of San Francisco ("City"), acting by and through its Public Utilities Commission ("SFPUC") and the. Alameda County Water District, the California Water Service Company, Inc., the City of Hayward, the City of Palo Alto, and the City of Redwood City (collectively, "Suburban Representatives"). WHEREAS, in 1984 the City entered into a Settlement Agreement and Master Water Sales Contract ("Settlement Agreement") with Suburban Purchasers in Alameda, San Mateo and Santa Clara Counties; and WHEREAS, under the Settlement Agreement, the Suburban Purchasers (which are listed on Exhibit A, attached) are to select five Suburban Representatives to act on their behalf in certain respects as regards administration and implementation of the Settlement Agreement; and WHEREAS, the five Suburban Representatives named above have been selected by the Suburban Purchasers to serve in that capacity for Fiscal Year 2008-09 and, thus, have the authority and duties granted to them under the Settlement Agreement; and WHEREAS, a dispute exists between the City and the Suburban Purchasers as to the proper amount of the Suburban Revenue Requirement for Fiscal Year 2005-06 and 2006-07, and the amount properly posted to the Balancing Account for Fiscal Year 2005-06 and 2006-07 limited to two issues: (1) classification of Hetch Hetchy power only expenses and (2) calculation and classification of 2006A bond expenses; and WHEREAS, under the Settlement Agreement the amount posted to the Balancing Account for Fiscal Year 2005-06 and 2006-07 cannot be modified by an arbitrator unless a Demand for Arbitration is served on or before April 18, 2009 and March 16, 2010, respectively, unless the City and the Suburban Representatives otherwise agree under Section 8.02(d) of the Settlement Agreement; and WHEREAS, the parties previously entered into Tolling Agreement, dated April 10, 2009, 1 2232826.2 related to Fiscal Year 2005-06, to allow for factual investigations and discussions to take place, in an effort to.resolve the dispute through agreement rather than through arbitration; and WHEREAS, the parties intend to enter into a Settlement Agreement for all outstanding issues for both Fiscal Year 2005-06 and Fiscal Year 2006-07, subject to the exceptions described above ("Fiscal Years 2005-06 and 2006-07 Settlement Agreement"), such that neither the SFPUC nor any Suburban Purchaser may challenge the SFPUC's calculation of the Suburban Revenue Requirement for FY 2005-06 or FY 2006-07; and WHEREAS, it is desirable for further factual investigations and discussions to take place regarding the outstanding issues for Fiscal Year 2005-06 and Fiscal Year 2006-07 that have been excluded from the Fiscal Years 2005-06 and 2006-07 Settlement Agreement, in an effort to resolve the dispute through agreement rather than through arbitration. NOW, THEREFORE; the parties agree as follows: 1. The date by which the City or one or more Suburban Purchasers may serve a Demand for Arbitration regarding (1) classification of Heteh Hetchy power only expenses and (2) calculation. and classification' of 2006A bondexpenses for Fiscal Year 2005-06 and Fiscal Year 2006-07 is extended to June 1, 2010. 2. The parties agree to exchange information relevant to the issues, meet at mutually convenient times and places, and discuss the issues in dispute. 3. This agreement may be executed in counterparts. 2 2232826.2 IN WITNESS WHEREOF, this Agreement is entered into by the parties by their respective duly authorized officers, the Suburban Representatives acting on their own behalf and on behalf of the Suburban Purchasers. CITY AND COUNTY OF SAN FRANCISCO ACTING BY AND THROUGH ITS PUBLIC UTILITIES COMMISSION By: Edward Harrington, General Manager Authorized by Commission Resolution No. 10 'CO ICD 1 Secretary to the Commission APPROVED AS TO FORM: Dennis J. Herrera, City Attorney By: eputy City Attorney 3 Date: , 2010 2232826.2 ALAMEDA COUNTY WATER DISTRICT By: CALIFORNIA WATER SERVICE COMPANY Robert Guzzetta CITY OF HAYWARD By: CITY OF PALO ALTO CITY OF REDWOOD CITY 4 Date: February Z5 , 2010 Date: , 2010 Date: b brititifT , 2010 Date: 2- '24' t ° , 2010 2232826.2 SUBURBAN PURCHASERS San Mateo County Brisbane Burlingame California Water Service Company (South San Francisco, San Carlos, San Mateo, Atherton, Menlo Park, Woodside) Coastside County Water District (Half Moon Bay) Daly City East Palo Alto Estero Municipal Improvement District (Foster City) Guadalupe Valley Municipal Improvement District (Brisbane). Hillsborough Menlo Park Mid -Peninsula Water District (Belmont) Millbrae North Coast County Water District (Pacifica.) Redwood City San Bruno .Skyline County Water District Westborough Water District (South San Francisco) Santa Clara County Milpitas Mountain View Palo Alto Purissima Hills Water District (Los Altos Hills) San Jose (northern portion) Santa Clara (northern portion) Stanford University Sunnyvale Alameda County Alameda County Water District (Fremont, Newark, Union City) Hayward EXHIBIT A 22328262 PUBLIC UTILITIES COMMISSION City and County of San Francisco RESOLUTION NO. 10-0035 WHEREAS, A dispute exists between the City and its Wholesale Water Customers as to the proper amount of Suburban .Revenue Requirement for Fiscal Years 2005-06 and 2006-07, and the amount properly posted to the Balancing Account for Fiscal years 2006-06 and 2006-07 under the terms of the 1984 Settlement Agreement and Master Water Sales Agreement; and WHEREAS, This Commission in Resolution No. 09-0055 approved a tolling agreement dated April 10, 2009 that extended the time to resolvethe outstanding issues related to the Suburban Revenue Requirement for Fiscal year 2005-06 until March 1, 2010; and WHEREAS, The deadline for filing a demand for arbitration under the April 10, 2009 tolling agreement applicable to claims relating to the FY 2005-06 Suburban Revenue Requirement expires. on March 1, 2010, and the deadline for filing a demand for arbitration related to the FY 2006-07 Suburban Revenue Requirement is April 18, 2010; and WHEREAS, Two additional issues related to the 'classification of Hetch Hetchy expenses and the calculation and classification of 2006A bond expenses in Fiscal years 2005-06 and 2006- 07 have arisen as a result of the FY 2008-09 Suburban Revenue Requirement compliance audit, and the parties believe that additional factual investigations and discussions could resolve these issues through a settlement agreement rather than through arbitration; now, therefore, be RESOLVED, That this Commission authorizes the General Manager to 'enter into an. agreement with the Suburban Representatives to extend the -time for filing demands for arbitration for Fiscal Years 2005-06 and 2006-07 through June 1, 2010. 1 hereby certify that the foregoing resolution was adoptedby the Public Utilities Commission at its meeting of cl) 1\ / Secretary, Public Utilities Commission ATTACHMENT B SETTLEMENT AGREEMENT SUBURBAN REVENUE REQUIREMENT FOR FY 2005-06 AND FY 2006-07 THIS AGREEMENT is made as of this 16 day of Fe6ru4i ! , 2010 between the City and County of San Francisco ("City") acting by and through its ✓Public Utilities Commission ("SFPUC") and the Alameda County Water District, the California Water Service Company, Inc., the City of Hayward, the City of Palo Alto, and the City of Redwood City (collectively the "Suburban Representatives"). WHEREAS, in 1984 the City entered into a Settlement Agreement and Master Water Sales Contract ("1984 Contract") with Suburban Purchasers in Alameda, San Mateo and Santa Clara Counties; and WHEREAS, under the 1984 Contract, the Suburban Purchasers (which are listed on Attachment A) may select five of their Members as Suburban Representatives to act on their behalf in certain respects as regards administration and implementation of the 1984 Contract and, in the absence of such a selection, the five agencies that purchased the largest amounts of water from the City in the previous year will be automatically designated as the Suburban Representatives; and WHEREAS, the five Suburban Representatives named above were selected by the Suburban Purchasers to serve in that capacity for Fiscal Year 2008-09, purchased the largest amounts of water from the City during that year, and thus have the authority and duties granted to them by the 1984 Contract; and WHEREAS, a dispute has arisen between the City and the Suburban Purchasers as to the proper amount of the Suburban Revenue Requirement for Fiscal Years 2005-06 and 2006-07; and WHEREAS, the parties entered into a Tolling Agreement dated as of April 10, 2009 in order to allow for further investigations and discussions to take place in an effort to resolve the dispute through agreement rather than through arbitration; and 2157822.2 WHEREAS, further investigations and discussions have occurred between the staff of the SFPUC and the staff of the Bay Area Water Supply and Conservation Agency as a result of which the parties are satisfied to resolve the dispute as to both fiscal years on the terms included in this Settlement Agreement, except in so far as the two outstanding issues identified herein related to (1) classification of Hetch Hetchy power only expenses and (2) calculation and classification of 2006A bond expenses; and WHEREAS, the parties intend to extend the Tolling Agreement until June 1, 2010 in order to allow for further investigations and discussions to take place in an effort to resolve the two outstanding issues in dispute through agreement rather than through arbitration. NOW, THEREFORE, the parties agree as follows: 1. Pacifica Water Recycling Project. The SFPUC classified expenses of $322,341 for this project in FY 2006-07 as Joint Source of Supply. Without conceding that this, classification was incorrect, the SFPUC will adjust the Suburban Revenue Requirement for that year by $313,947. This reduction reflects the exclusion of the wholesale share of project expenses ($322,341 x .6870 = $221,448) plus a reduction in administrative and general expenses of $92,499 due to a resulting change in the composite rate used to allocate those' expenses. 2. Treasure Island. The SFPUC included $37,459 for Treasure Island in the General Manager's Office expenses, a portion of which was allocated to the Suburban Revenue Requirement for FY 2006-07. The SFPUC will adjust the Suburban Revenue Requirement for that year by excluding the amount so allocated ($7,144). 3. Correction of Hetch Hetchv Water and Power Asset Classifications. A. Early Intake. The SFPUC incorrectly classified $1,125,688 in capitalized expenses at Early Intake in FY 2006-07 as "Water" rather than as "Joint." The Suburban Revenue Requirement for FY 2006-07 will be reduced by $16,954, which is the amount of return and depreciation overcharged. A corresponding adjustment will be made to the Suburban Revenue Requirement for FY 2007-08. The classification error will be corrected in calculating the Suburban Revenue Requirement for FY 2008-09. B. San Joaquin Pipeline No. 2. The SFPUC incorrectly classified $359,471 expended on relining San Joaquin Pipeline No. 2 in FY 2006-07 as "Joint" rather than "Water." 2 2157822.2 The Suburban Revenue Requirement for FY 2006-07 will be increased by $5,414, which is the amount of return and depreciation undercharged. A corresponding adjustment will be made to the Suburban Revenue Requirement for FY 2007-08. The classification error will be corrected in calculating the Suburban Revenue Requirement for FY 2008-09. 4. Summary. The four adjustments described above will be effected by a credit to the balancing account as of June 30, 2009 in favor of the Suburban Purchasers in the amount of $355,862, summarized as follows: Pacifica Water Recycling Project Treasure Island Early Intake San Joaquin Pipeline Total without interest FY 2007-08 Interest (4.302) FY 2008-09 Interest (2.571) Net Credit Due Suburban Purchasers $313,948 7,144 16,954 (5,414) $332,632 14,310 8,920 $355,862 Attachment B:provides a more detailed tabulation. 5. Correction of Retiree Health Care Expenses, In March 2009, the SFPUC discovered that it had classified health care expenses for retired Water Enterprise employees as a "City only" expense for fiscal years 2003-04 through 2006-07. In previous years, this expense had been considered "Joint" and allocated in part to the Suburban Purchasers. Under the 1984 Contract, no changes to the Balancing Account could be made with respect to fiscal years 2003-04 or 2004-05, which were considered "closed" as of March 2009. Fiscal years 2005-06 and 2006-07 remained "open," although the compliance audit for each had already been completed. This discovery was communicated in a letter dated March 20, 2009, a copy of which is attached marked Attachment C. Subsequent to the delivery of the March 20, 2009.Ietter and the execution of the Tolling Agreement referred to in the Recitals to this Agreement, the SFPUC unilaterally adjusted the Balancing Account as of the close of FY 2007-08 by increasing the amount due from the Suburban Purchasers by $2,889,614, as shown on Attachment D. 3 2157822.2 The Suburban Representatives agree that (1) the classification of retiree health care expenses as "City only" was incorrect, and (2) the adjustment to the Balancing Account as of June 30, 2008 shown on Attachment D is correct., 6. Fiscal Years 20G5-06 and 2006-07 Now Closed, with the Exception of the Two Issues Identified in Paragraph 7 Below. Subject to these exceptions, neither the SFPUC nor any Suburban Purchaser may challenge the SFPUC's calculation of the Suburban Revenue Requirement for FY 2005-06 or FY 2006-07. Nor may any of those parties attempt to reopen, or challenge, the SFPUC's correction of its misclassification of retiree health care expenses by means of the adjustment to the Balancing Account as of June 30, 2008 described in Section 5. The Suburban Purchasers may, however, challenge the SFPUC's calculation of the Suburban Revenue Requirement for FY 2007-08 for any reason other than the classification of Water Enterprise retiree health care expenses as Joint Administrative and General. in addition, the Suburban Representatives may seek injunctive relief if necessary to require the SFPUC to make the adjustments to the Suburban Revenue Requirement for FY 2007-08 required by Section 3 and to make the adjustment to the Balancing Account as of June 30, 2009 required by Section 4. 7. Classification of Hetch Hetchy Power Only Expenses and Calculation and Classification of 2006A Bond Expenses. Further investigations and discussions will be occurring between the staff of the SFPUC and the staff of the Bay Area Water Supply and Conservation Agency to investigate and reach agreement on the following outstanding issues: A. Expenses in SFPUC index code 329000 may have been misclassified as joint expenses instead of as Hetch Hetchy power only expenses; and B. 2006A bond expenses pertaining to the cost of wholesale debt may have been miscalculated or misclassified. • 8. Complete Agreement. This Agreement represents the complete agreement among the parties with respect to these two fiscal years, subject to the exception for the two issues described in Paragraph 7 above, which are still being investigated by the Parties. Attachments A, B, C and D are incorporated hereby this reference. 4 2157822,2 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute a complete and binding agreement of the parties. IN WITNESS WHEREOF, this Agreement is entered into by the parties by their respective duly authorized officers, the Suburban Representatives acting on their own behalf and on behalf of the Suburban Purchasers. CITY AND COUNTY OF SAN FRANCISCO ACTING BY AND THROUGH ITS PUBLIC UTILITIES COMMISSION By: Edward Harrington, General Manager APPROVED AS TO FORM: Dennis J. Herrera, City Attorney By: puty City Attorney 5 Date: ,2010 2157822.2 ALAMEDA COUNTY WATER DISTRICT By: CALIFORNIA WATER SERVICE COMPANY B i Y• �� Robert Guzzetta CITY OF HAYWARD By: /!, . Date: Fee CITY OF PALO ALTO CITY OF REDWOOD CITY By: 6 Date: feA%G% ZS , 2010 Date: Z zs' , 2010 , 2010 Date: '• z y . I n , 2010 Date: o? 2010 2157822.2 ATTACHMENT A SUBURBAN PURCHASERS San Mateo County Brisbane Burlingame California Water Service Company (South San Francisco, San Carlos, San Mateo, Atherton, Menlo Park, Woodside, Skyline) Coastside County Water District (Half Moon Bay) Daly City East Palo Alto Estero Municipal Improvement District (Foster City) Guadalupe Valley Municipal Improvement District (Brisbane) Hillsborough Menlo Park Mid -Peninsula Water District (Belmont) Millbrae North Coast County Water District (Pacifica) Redwood City San Bruno Westborough Water District (South San Francisco) Santa Clara County Milpitas Mountain View Palo Alto Purissima Hills Water District (Los Altos Hills) San Jose (northern portion) Santa Clara (northern portion) Stanford University Sunnyvale Alameda County Alameda County Water District (Fremont, Newark, Union City) Hayward 2157822.2 Pacifica Water Recycling Project Reduction of O&M Expense= Alloc atio n P erc entag e Suburban $hare Change in Composite Costs Tot al i (322,341.00) 68 .70 % S. (221,448 .27) S (92,499.43) See note 1 $ (313,947.70) TI Accrual included in Genera l M anager Office Expense Amount of Accrual= $ (37,459) Allocation of Accru al E nterprise Department Water • Allocation Perce ntage Share Related Fa ct or' T otal CWP 42.37 % (15 ,871 .38) 0% HHP 1825% 4 (6,836 27) 26 .47% 6824%% (1,234,84) Water 39.3814 (14 751 .35) 100 .00% . 40.06% - (5,909.39) 100.00% (37,459 .00) (7,14424) • Correction of HtiW&P Asset Classifications Rate of Beginning Ending Average R eturn Return Early Inta ke HHP07FA-01 (Wa ter to Jo int; - 1,125,689 562,845 8,54 % 48,066.93 SJPL #2 Relining Jo int to Wa ter). . 0 959471.77 179.736 8 .54% 15,349 .44 Adiustmen t to Batancin q A ccount as 6130109 Pacifica Water Recycling Pro ject $ (313,947. 70) TI Acc rual $ (7,144.24) Correction of l*tW&P Classification 5 (11,539.95) To tal 5 (332,631. 88) FY 07-08 interest 4. 302% 8 (14.309.82) Subtotal 5 (346,941.70) FY 08-09 Inte rest 2.571% S (8,919.87) Total with Inte rest $ (355,861.57) Nn s: N egative values are amounts in favor of wholesale customers Positive values are am ounts in favor of City 1. Change In Composite Co sts Deemed Overhead $ 1,209, 836 -02 4% 5 (2,903. 61) Services of SFPUC $ 18,201, 192 -924% $ (43,692. 86) OtherA &G 5 19,130,401 -0. 24% S (45,912.96) To tal 5 38,541,429 5 (92,499. 43) Return + Suburban Corrected Depreciation, D eprec ation A,dj Usag e Share Share Differ enc e - 48,066.93 64.13% 30,825 .32 13 ,671.39 (16,953.93) - . 15,349.44 64 .13% 4,429 .62 9,843.60 _ 5,413.98 (11,539.95) C:1Documents and SettingsVxdtMy Documents'FY 07 A djustmentCatexls Page 1 of 1 0 {-C J ATT ACH MENT B TO SETTLEMENT AGREEME NT 12f15/2009 WATER +VAwrLWn-rcr+ • rowBR GAVIN NEWSOM MAYOR ANN MOLLER CAEN PRESIDENT F.X. CROWLEY VICE PRESIDENT FRANCESCA VIETOR COMMISSIONER JULIET ELLIB COMMISSIONER ED NARRINGTON GENERAL PAANAGEf ATTACHMENT C SAN FRANCISCO PUBLIC UTILITIES COMMISSION 1165 Markel Si., 111h Floor, San Francisco, CA 941034 Tel. {4151 554.3155 + Fax (015) 554-3161'• iTt (4151554.3498 March 20, 2009 Mr. Arthur Jensen General Manager Bay Area Water Supply and Conservation Agency 155 Bovet Road, Suite 302 San Mateo, CA 94402 Re: Suburban Revenue Requirements for FY 2005-06 and FY 2006-07 Dear Mr. Jensen, 1t has come to our attention that the retiree health subsidy paid by, the. Water Enterprise , was charged incorrectly as a City -only expense for fiscal years 2003-04 through 2006-07. The error affected the calculation of the suburban revenue requirements in those years. However, only FY 2005-06 and FY 2006-07 remain open with respect to changes to the Balancing Account. We calculate as a result of these errors that the suburban revenue requirements were understated by $1,2.17,179 in FY 2005-06 and by $1,490,092 in FY 2006-07. We propose that an adjustment of $2,889,614 including interest, in favor of the City, be posted to the Balancing Account as of June 30, 2008. Enclosed are copies of the corrected suburban revenue requirement calculations .and other supporting schedules. The issue has been appropriately reflected in the FY 2007-08 calculation, following discussions with the external auditor. Background • The retiree health subsidy expense is an allowable joint expense under the Master Water Sales Contract. The retiree health subsidy reflects the current year's required cash payment for current costs. This contrasts to the accounting and financial reporting 'provisions of GASB 45 Other Postemployment Benefits (OPEB), which because of recent changes in accounting standards, now appears an the SFPUC financial statements as a long-term liability and is excluded from the suburban revenue requirement calculation until actual cash payments are required. Prior to FY 1998.99, the retiree health Subsidy was included in General Administration and allocated between retail and suburban resale customers using the composite allocation factor. ' After_a reorganization in 1998. which eliminated the Administrative Division, retiree health subsidy was split 61/39 between the City Distribution Division and .the Water Supply & Treatment Division. The Water Supply & Treatment Division portion was shown as joint Transmission & Distribution (T&D) expense and allocated between retail and suburban resale customers on base use. In FY 2002-03, the Water Supply & Treatment Division portion was shown as joint Administrative & General (A&G) . expense and allocated between retail and suburban resale customers using the composite allocation factor. Since FY 2003-04, the entire retiree health subsidy, was erroneously shown as a City -only T&D expense and allocated only to retail customers. During the performance of this year's compliance audit, we realized that the retiree health subsidy was not being appropriately allocated between retail and suburban resale service. We discussed the issue with our external auditor and assessed the merits of splitting the subsidy between City -only T&D expense and joint T&D expense versus moving the expense "below the line" and treating it as a joint A&G expense. We concluded that an accurate basis for apportioning the subsidy between City -only and joint categories cannot be easily determined since retirees may work in multiple•divisions and departments over their careers. Consequently, we concluded treating retiree health subsidy as an A&G expense was the more reasonable baths for apportioning this cost. The external auditor has concurred with this assessment. Proposed Resolution In the past we have been able to resolve issues like this without invoking the arbitration provision provided in the contract. We hope this issue can be resolved in the same manner. If the City's previously stated proposal is acceptable to the suburban resale customers, we request that you indicate so by counter signing this letter on the line shown below and returning a copy of it to us before April 8, 2009. Preliminary discussions have been held with Mr. Ummel. If you believe more information•is required before you can make that decision, SFPUC staff is available to meet with BAWSCA staff to review the issue and discuss the basis of our analysis. Because the expiration of the limitations period deadline (April 18, 2009) is rapidly approaching, any review and discussion must be completed within the next week or two .absent a tolling agreement extending the deadline. Please contact me if you have any questions or request a meeting with SFPUC staff: Sincerely you Todd As 1 Enclosures Manager and Chief Financial Officer cc: Suburban Representatives (w/encl) • Joshua D. Milstein, Deputy City Attorney (w/encl) Accepted on behalf of the Suburban Resale Customers., Arthur R. Jensen :General Manager & CEO BAWSCA - - SCHEDULE A • SUBURBAN BALANCING ACCOUNT IMPACT RESULTING PROM THE RECAPTURE OF RETIREE HEALTH SUBSIDY MISALLOC ATI ON Unde rpayment (See following sheets) Interest in FY 200405 Interest In FY 2005-06 Interest in FY 2006-07 Interest in FY 2007-08 Total . Interest Rat e on'Batancing • Account FY 2003-04 2.277 % 4.153 % 5.189% 4.302% $ (875,407) $ (19,933) . $ (37,1 83) $ (48.389) $ (42,199) ($1,023,111) FY 2004-05 FY 2005-08 FY 200E-07 Tot al Cr edit $ (1,116,893) $ (1,217,179) $ (1,490,092) $ (4,699,571) $ (46.385) $ $ (60,362) $ (63,159) $ $ (52,641) $ (55,080) $ (64,104) $ ($1,276;281) $ (1,335,418) $ (1,554,196) $ • Requested Balancing Account Adjustment as of June 30, 2008 for FY 2005-06 and FY 2006-07 Note: 1) FY 2003-04 and FY 2004-05 are outside -of the Limitations Period . (19,933) (83,568) (171,910) (214,024) (50 89,006) $ (2,889,614) Schedule B Summary of Certain Health Care C osts 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1996 1997 1996 471303 T&0 City Operati ons 2,713.959 2,502.660 2.173,238 1,989.865 1,722,476 871,472 3/0 01561 free Heahh Subsidy 471301 471308 470000 477402 T&D City Mainz. Other Suburban General Ops/Galerm T&D Administration Administration 551,224 352,422 352,402 225,306 260.864 • 166,795 . 285,410 212,729 136,007 558,189 471303 F&D Qty T otal Operati ons 2,713,959 2,502.660 2,173,238 1,989,665 1,722,476 1,429,661 903,646 577,706 427,679 634,146 602.129 602,129 504,543 504,543 476.613 476.619 Classification . T&D - City T&D - City T&D -Joint A&0 • Joint A&G - Joint AG Current 0 3,96.xls 43.086 43,277 44,321 42,430 73.571 86.696 S10 01551 Health Service Administration Cost 471301 471308 470000 ' 477402 T&D City !Mainz Other Suburban G eneral Ops&Gaterm T&D . Administration •Administr ation 43,086 43,277 44,321 42,430 47,037 58.156 62,051 4,934 T&0 - City T&D - Cily T&D • Joint A &G - Joint A& G - Joint Total 60,172 .86,554 98,642 84,860 120,608 86,6996 58,156 62,051 4,934 3/20/2009 SCHEDULE C-2 CALCULATION OF DIFFERENCE IN SUBURBAN REVENUE REQUIREMENT FY 2003.04 SAN FRANCISCO WATER DEPARTMENT CALCULATION OF THE SUBURBAN REVENUE REQUIREMENT FISCAL YEAR 2003-04 FINAL CALCULATION EXPENSE CATEGORY REFERENCE TOTALSFWD DIRECT CITY OPERATINI3 AND MAINTENANCE EXPENSE: SOURCE OF SUPPLY PUMPING PURIFICATION TRANSIu9SSIQN & DISTRIBUTION CUSTOMER ACCOUNTS TOTAL O&M O&M PERCENTAGE OF TOTAL SFWD ADMINISTRATIVE AND GENERAL EXPENSES: DEEMED CITY OVERHEAD CHARGE SF PUBLIC UTILITIES COMMISSION OTHER A50 CLAIMS OVER LIMITATION CONTRACT ADMINISTRATION EXPENSES COMPUANCE AUDIT PMO COST PROPERTY TAXES (OUTSIDE CIT9'ONLY) 4.03(a) 4.03(b) 4.04(c) 4.03(0) 443(e) 4.04(a) 4.04(b) 4.04(c) 4.04(c) '4.04(c) 8.03(6} 4.05 RETURN ON SFWD RATE BASE 4.08 SPWD DEPRECIATION SUSURBAN HETCH HETCHY ASSESSMENT 4.08 SUBURBAN REVENUE REQUIREMENT FY 200304 FINAL CALCULATION 57,573.890 5,810,954 26,459,242 46,543,682 8,869,908 DIRECT SUBURBAN $420 90 5,097,435 0 0 0 31,240,878 863 8,486,608 173.398 95,106,474 44,835,241 100.00% 1,129,154 18.184,880 20,583.566 825.282 209,939 179,730 5,379,101 1,292.810 4.07 0 464,283 9.498,518 625,262 0 0 0 0 SCHEDULE A JOINT JOINT EXPENSE, SUBURDAN TOTAL ALI.CCATION FACTOR $7.573270 ANNUAL USAGE 722.519 ANNUM. U8At3E 26,459,242 ANNUAL USAGE 15,401,941 ANNUAL USAGE 0 2%OFTOTAL 174,281 50.156.972 0 1,120,164 COMPOSITE 0&M O 15,720,597 COMPOSITE O&M 0 11,065,03.4 COMPOSriEO&M p 0 0% O 209939 501 O 179,730 604 O 5318,191 32.661 O 1,262,010 ANNUAL USAGE FROM: WORKSHEET A-3 FROM: WORKSHEET A•3 FROM: SCHEDULES SAN FRANCISCO WATER DEPARTMENT CALCULATION OF THE SUBURBAN REVENUE REOUIREMENT ' FISCAL YEAR 2003414 FINAL CALCULATION WITH CORRECTION OF RETIREE HEALTH SUBSIDY$1,722,476 Racaet0d Irom T&D -City to AEG -Joint • EXPENSE CATEGORY OPERATING AND MAINTENANCE EXPENSE: SOURCE OF SUPPLY PIMPING' PURIFICATION TRANSMISRLON &.DISTRIBUTION CUSTOMER ACCOUNTS REFERENCE TOTAL SFWO • DIRECT SUB CITY URBAN 4.03(8) 4.03(b) 4.04(c) 4.03(d) 4.03(e) TOTAL O&M 0314 PERCENTAGE OF TOTAL SFWD • ADMINISTRATIVE AND GENERAL EXPENSES: DEEMED CITY OVERHEAD CHARGE 4.04(8) SF PUBUC UTILmF.8 COMMISSION 4.040) 4.04(0) OTHER MG CLAIMS OVER LIMITATION 4.04(c) CONTRACT ADMINISTRATION EXPENSES . 4.04(c) COMPLIANCE AUDIT 6.09(6) PMOCOST .. PROPERTY TAXES (OUTSIDE CITY ONLY) 4.05 RETURN ON SFWD RATE BASE 4.06 SFWD DEPRECIATION 4.07 SUBURBAN HFT014 HEIGHT ASSESSMENT 4.08 SUEURI9AN R6 VENUE REQUIREMENT FY 2003.04 FINAL CALCULATION 56,178,802 494,068 18.092,838 10,532.710. 173,309 34,471,599 3622% 405,747 5.694.380 4,008426 0 104 970 89,085 2.132.551 884,023 16,655,821 12417,070 16.940,790 $92,504,851 SCHEDULE A .101 JOINT EXPENSE SUBUROANTOTAL ALLOCATION FACTOR $7,673,690 ' 5420 50 $7,57 5,819,964 5.097,435 0 72 26.459242 _ 0 0 28.45 44,921,200 r 9515,4 863 15.401 8,859,906 8, '':,. 173,398 DIFFERENCE IN SUBURBAN REVENUE REQUIREMENT ,270 ANNUAL USAGE ,619 ANNUAL USAGE 242 ANNUAL USAGE 1' ANNUAL USAGE 0 2% DP TOTAL 93,443.998 43.112,785 174,261 60,165,' 72 100.00% 1.120.154 18.184,660 22.286.031 625,282 209.939 170.730 5,378,101 1 292,810 0 404,283 9,495.516 925.282 0 0 0 0 O 1,120,1, 4 COMPOSITE 0&M O 1572 • COMPOSITEO&M _ O + 787,61» OMPOSITE O&M p' 00% 0 • 209,539 50% 0 • 179,730 50% O 5.378,101 40.46% O . 1,292.810 ANNUAL USAGE FROM: WORKSHEET A-3 • FROM: WORKSHEET A-3 FROM: SCHEDULE 8 55,176,602 494,058 19.092,830 10,532,710 173.395 34.471.699 38.89% 41$,226 5,799,340 4.717,329 0 104,870 69,066 2,176,691 684.023 16,686,148 • 12,417,070 18,940,796 r 593,650.267 ($876.4071 SCHEDULE C•2 CALCULATION OF DIFFERENCE IN SUBURBAN REVENUE REQUIRE/AUNT FY 2004.05 SAN FRANCISCO WATER DEPARTMENT CALCULATION OF THE SUBURBAN REVENUE REQUIREMENT FISCAL YEAR 2004-05 FINAL CALCULATION SCHEDULE A EXPENSE CATEGORY REFERENCE TOTAL SFWD DIRECT DIRECT CITY SUBURBAN JOINT JOINT EXPENSE' SUBURBAN TOTAL ALLOCATION FACTOR OPERATING AND MAINTENANCE EXPENSE: SOURCE OF SUPPLY PUMPING PURIFICATION TRANSMISSION 5 DISTRIBUTION CUSTOMER ACCOUNTS TOTAL O&M O&M PERCENTAGE OF TOTAL SFWD ADMINISTRATIVE AND GENERAL EXPENSES: DEEMED CITY OVERHEAD CHARGE SFPUBLIO UTILITIES COMMISSION OTHER ASO CLAIMS OVER LIMITATION CONTRACT ADMINISTRATION EXPENSES COMPLIANCE AUDIT PMO COST PROPERTY TAXES (OUTSIDE CITY ONLY) 4.05 . 4.03(a) 4.03(b) 4.04Ea) 4.03(d) 4.03(e) 4.04(3) 4,04(E) 4.04(c) 4.04(x) 4.04(c) 8.03(b) RETURN ON SFWD RATE: BASE 4.08 SFWD DEPRECIATION SUBURBAN HETCH HETCHY ASSESSMENT 4.07 4.03 ~ 611;369,813 5,381,372 27,251.590 34.459,935 8,995.444 87,486,154 100.0% 1,151.398 17,622,408 17,569.629 0 214.945 179,730 3,762,021 1,928,708 • 50 4203,425 0 24.125,220 . 8,815,535 30 311,359,813 ANNUAL USAGE O 1.167.945 ANNUAL USAGE O 27,231,550 ANNUAL USAGE 505 10,334,201 ANNUAL USAGE 179,909 0 2% OF TOTAL 37.144.190 160,414 50,143,550 0 715,584 5,087,393 0 0 0 0 0 SUBURBAN REVENUE REQUIREMENT FY 2004.05 PRELIMINARY FINAL CALCULATION O 1.161,398 O 17,103,544 O 12,002,132 O 0 O 214,945 O 179,730 O 3,762,021 O I;320,783 FROM: WORKSHEET *4 FROM: WORKSHEET A-3 FROM: SCHEDULE 3 , ' COMPOSITE O&M COMPOSITE Otm COMPOSITE out 0% 5054 5018 42.58% ANNUAL USAGE 67,576,708 771,639 18,177,723 6,866,183 179,509 33,591,080 38.4014 442.137 6.557,761 4,916,019 0 107,473 89.865 1,601,747 884,044 17.020,907 15,085,817 19,616,207 E 599,930,031 SAN FRANCISCO WATER DEPARTMENT CALCULATION OF THE SUBURBAN REVENUE REQUIREMENT FISCAL. YEAR 200405 FINAL CALCULATION WITH CORRECTION OF RETIREE HEALTH SUB= ;1,989.885 Recasted Irom T&D.CIky to A&! -Idol SCHEDULE A EXPENSE CATEGORY REFERENCE TOTAL $PWD DIRECT • DIRECT CITY SUBURBAN 401 JOINT EXPENSE SUBURBAN TOTAL ALLOCATION FACTOR OPERATING AND MAINTENANCE EXPENSE: SOURCE OF SUPPLY PUMPING • PURIFICATION TRANSMISSION & DISTRIBUTION CUSTOMER ACCOUNTS • TOTAL OSM O&M PERCENTAGE OF TOTAL SFWD 4.08(11) 4.0$(b) 4.04(6) 4A3(d) 4.03(6) ADMINISTRATIVE AND GENERAL EXPENSES: OEEMED CITY OVERHEAD CHARGE 4.04(6) SF PUBLIC UTILITIES COMMISSION 4.04(b) OTHER ASG 4.04(0) CLAIMS OVER LIMITATION 4.04(0) CONTRACT ADMINISTRATION EXPENSES 4.04(c) COMPLIANCE AUDIT 6.03(6) PMOCOST PROPERTY TAXES {OUTSIDE CITY ONLY) RETURN ON SFWD RATE SASE SFWD DEPRECIATION . SUBURBAN HETCH HETCHY ASSESSMENT 4.06 4.06 4.07 4,08 511,369,013 50 5,381.372 4,203,426 27,281,690 ' 0 32,470,070 0,995444 8, 85,478,289 35,154,325 100.0016 5.151,398 17,822,408 79,859,391 0. 214,945 179.730 3,782.021 1,328,795 0 718,664 5,067.393 0 0 0 a• 0 SUBURBAN REVENUE REQUIREMENT FY 2004-05 PRELIMINARY FINAL CALCULATION • 30 0 0 506 179,903 180,414 511,3 ',613 ANNUAL USAGE 1,15 , 48 ANNUAL USAGE 27,281 690 ANNUAL USAGE 10,334 ' 1 ANNUAL USAGE 0 216 OFTOTAL 60,143,60 ' •0 1,151, ' 8 COMPOSITE O&M O 17 COMPOSITE O&M O . 4,701,99 COMPOSITE 0&M O 0 056 O 214,946 60% O 179.730 5076 O 3,782,021 O . 1,328,798 ANNUAL USAGE FROM: WORKSHEET A•3 FROM: WORKSHEET A-3 FROM: SCHEDULE B 43.0818 57.575.706 771,639 . 18.177,723 5,886,183 179.903 33,591,060 39.30% 462.469 6,721,693' 5.813.255 0 107.413 89,586 1.643,420 884.044 17,042,897 15,055,817 19,816.207 3101,046.930 f DIFFERENCE IN SUBURBAN REVENUE REQUIREMENT (51,118,893)1 SCHEDULE C•1 ' CALCULATION OF DIFFERENCE IN SUBURBAN REVENUE REQUIREMENT FY 2065.06 FRANCISCO WATER DEPARTMENT CALCULATION OF THE SUBURBAN REVENUE REQUIREMENT FISCAL YEAR 2005-068 FINAL CALCULATION EXPENSE CATEGORY REFERENCE TOTAL SFWD DIRECT • OPERATING AND MAINTENANCE EXPENSE: SOURCE OF SUPPLY PUMPING PURIFICATION TRANSMISSION & DISTRIBUTION CUSTOMER ACCOUNTS TOTAL O&M ODA PERCENTAGE OF TOTAL SFWD ADMINISTRATIVE AND GENERAL EXPENSES: DEEMED CITY OVERHEAD CHARGE SF PUBLIC UTILITIES COMMISSION OTHER A&G CLAIMS OVER LIMITATION CONTRACT ADMINISTRATION EXPENSES COMPLANCE AUDIT MAO COST PROPERTY TAXES (OUTSIDE CITY ONLY) RETURN ON SFWD RATE BASE $FWD DEPRECIATION SUBURBAN RETCH HETCHY ASSESSMENT SUBURBAN REVENUE REQUIREMENT FY 2005-06 FINAL CALCULATION 4.03(8} • 4.03(b} 4.04(0 4.03(0 4.03(8} 4.04(a} 4.04:1 4.04(0) 4.01(c) 4.04(0) 6.031b) 4.05 4.08 4.07 4.08 DIRECT CITY SUBURBAN 511,147,048 1-0 4,681,917 4,152.968 27,975.827 0 34.708.194 22,259,034 10,685.080 10,471,378 89,099.088 36,883.378 100.00% • 1,161.127 0 15,722,915 359,390 24.603,393 8,303.990 0 0 220.113 • 0 179,730 0 179,853 0 1.342,378 • 0 50 0 0 0 213.702 213,702 SCHEDULE A JOINT JOINT EXPENSE SUBURBAN TOTAL ALLOCATION FACTOR SI1,047,046 ANNUAL USAGE . 428.961 ANNUAL USAGE 27,976•,827 ANNUAL USAGE 12.509,160 ANNUAL USAGE 0 2%0F TOTAL 51,981,086 0 1,164.127 COMPOSITE O&M 0 10,363,525 COMPOSITE O&M O 10,394.409 COMPOSITE O&M O 9 0% O 220,113 5014 0 119.730 60% O 179.033 44.2311. O 1.342,378 ANNUAL USAGE FROM; WORKSHEET A•8 FROM: WORKSHEET A-3 FROM: SCHEDULE B 37,370,590 280,190 16,866.130 8.348,112 , 213.702 34,902.739 38.17% 455.980 8,409,583 0,421,890 0 110087 89,885 79,850 898.824 15,872.743 15,071,439 20,132,570 5101,82$13 ''SAN FRANCISCO WATER DEPARTMENT CALCULATION OF THE SUBURBAN REVENUE REQUIREMENT FISCAL YEAR 2005-06 FINAL CALCULATION WITH CORRECTION 43F RETIREE HEALTH SUBSIDY 52.173,238 Recasted 1 REPERE_._.. ,...TA, SFW13 DIRECT JO�+1T JOINT EXPENSE SUBUBIIANTOTAL DIRECT ALLOCATION FACTOR EXPENSE CATEGORY • OPERATING AND MAINTENANCE EXPENSE: SOURCE OF SUPPLY PUMPING PURIFICATION TRANSMISSION A DISTRIBUTION CUSTOMER ACCOUNTS TOTAL OAM OEM PERCENTAGE OF TOTAL MVO ADMINISTRATIVE AND GENERAL EXPENSES: DEEMED CITY OVERHEAD CHARGE SF PUBLIC UTILITIES COMMISSION OTHER A&G CLAIMS OVeR LIMITATION CONTRACT ADMINISTRATION EXPENSES COMPLIANCE AUDIT PMO COST PROPERTY TAXES {OUTSIDE CITY ONLY) RETURN 014 SFWD RATE BASE SFWD DEPRECIATION SUBURBAN HETGH HETCHY ASSESSMENT 4.08. SUBURBAN REVENUE REQUIREMENT FY 2005-05 FINAL CALCULATION SCHEDULE T&D $illy 10 A&G.Jofi1 4.03(1) 4.03(8) 4.0410) 4.03(d) 4,03(e) CITY SUBURB DIFFERENCE IN SUBURBAN REVENUE REQUIREMENT 4,04(3) 4.04(13) 4.04(6} 4,04I0) 4.04(c) 8.03(8) 4:05 4.06 4.07 .511,047,048 i0 4,581.917 4,152.905 27,978,527 0 32,594,556 10.085.080 ,R 88,085,628 34,110,140 100,00% 1,164,127 0 18.722,015 359.390 28.571,537 5,303.990 0 0 220.113 0 179,730 0 179,533 0 1.342,378 0 50 51104 ,048 ANNUAL USAGE O 42 ,951 ANNUAL USAGE O 27.97 .827 ANNUAL USAGE O 18, 140 ANNUAL USAGE 213,702 0 2% OP TOTAL 213,702 51,961 O 1,164,127 COMPOSITE O&M O 16,1¢1 COMPOSITE O&M O ,597,84 COMPOSITE O&M O ' 220.113 00% O 179.730 50% • O 179,633 45.5014 0 1.342,378 ANNUAL USAGE FROM WORKSHEET A-3 FROM: WORKSHEET A-3 FROM: SCHEDULED 57,370.690 251,196 16,558,139 8.340,112 213.702 34.882,739 40,150!. • 457,387 6,569,85,5 7,454,910 0 110057 89,885. 81019 • 895,634 14,552.683 15.071.433 20,132,870 5103,639,348 44,217.1701 SCHEDULE 0-3 CALCULATION OF DIFFERENCE IN SUBURBANIIEVENUE REQUIREMENT FY 2006-07 SAN.F ANCT$CI5 WATER DEPARTMENT CALCULATION OF THE SUBURBAN REVENUE REQUIREMENT FISCAL YEAR 2000.07 FINAL CALCULATION SCHEDULE EXPENSE CATEGORY REFERENCE TOTAL SFWD DIRECT. DIRECT JOINT . JOINT EXPENSE SUBURBAN TOTAL .CRY SUBURBAN ALLOCATION FACTOR OPERATING AND MAINTENANCE EXPENSE: SOURCE OF SUPPLY PUMPING PURIFICATION TRANSAASS1ON & DISTRIBUTION CUSTOMER ACCOUNTS TOTAL OSM O&M PERCENTAGE OF TOTAL SFWO ADMINISTRATIVE AND GENERAL EXPENSES: DEEMED CRY OVERHEAD CHARGE SF PUBLIQ UTILITIES COMMISSION OTHER MG CLAIMS OVER LIMITATION CONTRAOT ADMINISTRATION EXPENSES COMPLIANCE AUDIT PMO COST • PROPERTY TAXES (OUTSIDE CITY ONLY) RETURN ON SFWD RATE BASE SFWD DEPRECIATION SUBURBAN HETCH HETCHYASSESSMENT 4.03(a) 4.05(6) 4.04(0) . 4.03(d) 4,03(o) 4.04(a) 4.04(6) 4.04(o) 4.04(0) 4.04(0) 0.03E4 4,05 4.06 4.07 4.00 314,833,834 4,695239 28,041,146 38,207.385 10.569,007 51,444,800 4,248,026 0 23,378,249 10.357,715 94.348,551 39.420300 100;00% 1,209,836 18,752,161 22,900,013 ' 0 248,704 170.730 0 1,375,511 SUBURBAN REVENUE REQUIREMENT FY 2000.07 FINAL CALCULATION (ROUNDED) 0 550,969 3,689,615 0 0 0 0. 0 50 513,388,935 ANNUAL USAGE 0 447,213 ANNUAL USAGE 0 25,041,145 ANNUAL USAGE D 12,529,017' ANNUAL USAGE 211,382 0 2% OF TOTAL 211.302 54.706,310 0 1,209,930 COMPOSITE O&M 0 10,201,192. COMPOSITE O&M O 19,130,401 CC IPOSITE OaM O 90% •. O 246,704 5014 O 179,730 50% 0 0 44.88!4 0 1375,811 ANNUAL USAGE FROM: WORKSHEETA•8 FROM WQRKSHEETA•3 FROM: SCHEDULE 59.196,190 30E215 19,264,267 0,813,535 211,352 37,794,017 40,06% 404,660 7,291,395 7,683636 0 124,352 59,965 0 945,045 17,142,034 55,450299 22,900,264 I 5110,903,4721 SAN FRANCISCO WATER DEPARTMENT CALCULATION OF THE SUBURBAN REVENUE REQUIREMENT FISCAL YEAR 2006.07 FINAL CALCULATION WITH CORRECTION OF RETIREE HEALTH SUBSIDY 52.602.660 Reaasled from TAD :Oily to Aaaaoint SCHEDULE A EXPENSE CATEGORY REFERENCE TOTAL SFWD DIRECT CITY DIRECT susURBAN JOI T JOINT EXPENSE SUBURBAN TOTAL ALLOCATION FACTOR OPERATING AND MAINTENANCE EXPENSE; SOURCE OF SUPPLY PUMPING PURIFICATION TRANSMISSION 8 DISTRIBUTION CUSTOMER ACCOUNTS TOTAL O&M O&M PERCENTAGE OF TOTAL SFWD ADMNISTRATIVE AND GENERA. EXPENSES: DEEMED CITY OVERHEAD CHARGE SF PUBLIC UTILITIES COLLMISSIDN. OTHER Ala CLAIMS OVER LIMITATION CONTRACT ADMINISTRATION EXPENSES COMPLIANCE AUDIT PAM COST PROPERTY TAXES (OUTSIDE CITY ONLY) RETURN ON SFWD RATE SASE SFWD DEPRECIATION SUBURBAN RETCH HETCHY ASSESSMENT • 4.03(a) 4.03(6) 4.04(c) 4.03(4) 4.03E4 424(s} 4.04(6) 4.04(C) 4.04(0) 4.04(o) 6.03(5) 4.05 4.08 4.07 4.08 114,833,634 51,444,099 4.695=9 4,240,025 28,041,146 . 0 03,704.606 •,975,58' 10.569,097 1 D, c , 5 91,643,521 35,928,229 100.0016, • 1,209.636 0- 18,752,161 550,959 26,302,676 3,869,818 0 • 0 246.704 0 179,730. 0 0 0 1,375,611 0 SUBURBAN REVENUE REQUIREMENT FY 2008-07 FINAL CALCULATION (ROUNDED) . SO 0 0 0 211,382 211,382 51 44 28,04 12,82 • 54.706, 10 .935 ANNUALUSAIIE 213 ANNUAL USAGE 145 ANNUAL. USAGE 017 ANNUAL USAGE 0 2%OF TOTAL O 1.209, - : COMPOSITE O3M O 18 COMPOSITE O&M O .'1,833,08 COMIOSITEO&M D 0 0�/%,�y 50+. 0 245,704 : 0 170,730 60% • O 0 46.242. O . 1,376,011 ANNUAL USAGE FROM WORKSHEET, A3 FROM; WORKSHEET A3 FROM: SCHEDULE B • 59,189,198 307,235 19,254.267 0,613,536 211,382 37,794,817 41.15% • 497,646 7,489,791 8,002,004 0 124,352 89,865 0 945,045 17.102,778 16.456,099 22.900,264 r 5112,393,564 DIFFERENCE IN SUBURBAN REVENUE REQUIREMENT ( MI .440,052E ATTACHMENT D SAN FRANCISCO. WATER ENTERPRISE AND . ITCH HETCHY WATER AND POWER ENTER-PR1SE Statement of Changes in the Balancing Account Year ended Julie 30, 2008 Suburban Revenue Aquircmcnt calculation: Operating and maintenance (O&M) expense: San Francisco Water Enterprise (Water Enterprise): Source of supply Pumping puriticatiau Transmission and distribution Customer accounts Total Water Enterprise operating and maintenance O&M peraentage of total Water Enterprise . Hatch Hetehy Water and Power Enterprise (Retch Hetohy): Operating expenses Maintenance expenses Admialstrative and general (A&O) expenses: Deemed city overhead cltacge: Water Enterprise Hoch Hetclty SE Public Utilities Commission: , Water Enterprise . Hetch Hetchy. . Other A&CG— Water Enterprise ' Contract administration expenses Water Enterprise Compliance audit— Water Enterprise Property traces (outside city. only): Water* Enterprise Retch Relay Return on assets employed (unaudited): Water Enterprise (note 4) Hetch Hetahy (note S) Depreciation allocation (unaudited): Water Bnterpriae (note 6) Retch Ha chy (note 6) Total Suburban. Revenue Requirement calculation Balance due From Suburban Purchasera, July 1, 2007 Charge due from Suburban Purchasers (note 2) Interest on adjusted beginning balartrA Suburban revenue* billed Credit an grant received for project C1]W201 Settlement adjustment (note 3) Balance as diking 30.2008 -- due from the Suburban Purchasers See accompanying notes to the statement of changes itt the balancing account. 3 Total 15,612,267 4,601,547 28,789,979 37,634,970 11„ _127 $ 97,765,941. _- Amount allocated to the Suburban Purchaaera 9,766,214 511,041 19,675,072 11,797,568 222,545 ' 41,912,440 42.93% 8 99,163,969 10,119,345 16,043,035 4,538,458 1,250,471 521,029 17,723,741 9,013,708 23,718,803 258,114 179,730 1,427,485 172,070 23,744,041 3.598,189 536,827 86,808 7,434.832 1,439,616 10,182,482 129,057 89,8.65- 975,543 116,681 18,281,816 3,812,262 16,651,923 Z 305 000 118,672,955 12,881,853 2,889,614 554,177 (113.932.046) (461,670) 21,006 $ 20,625,889 : SAN FRANCISCO WATER ENTERPRISE AND RETCH HETCIIY WATER AND POWER ENTERPRISE Notes to Statement of Changes in the Babncing Account June 30, 2008 Property taxes are allocated based upon annual usage. Joint Botch •Hetchy operating, maintenance, general and administrative expenses are allocated based upon.annual usage. Charge Due from Suburban Purchasers • • Retiree health care subsidies paid by the Water Enterprise were charged incorrectly for the fiscal years ending June 30, 2004 through June 30, 2007. The subsidies were not appropriately allocated between retail and suburbanresale service, therefore understating the Suburban Revenue Requirement.. The proper classification of this expense has been determined to be "Joint A&G." Under 'Section 8,02(4) of the agreement, the fiscal years ending June 30. 2006.and .2007 remain open with respect to changes to the Balancing Account from prior years. The Suburban Revenue Requirement has been increased as follows: Increase in the amount allocated Year .. to the ended Suburban June 30, Purchasers Retiree healthcare subsidy 2006 $ 1,217,179 Retiree healthcare subsidy 2007 • : 1,490,092 2,707,271 Interest on adjustment 2007 63,159 Interest on adjustment 2008 ^� 1.19184 • Increase in beginning balance $ F 2,889,614 *- Amendment to the Agreement , The. Suburban Purchasers alleged the Suburban Revenue Requirement calculation is .overstated by the return and depreciation on certain disputed costs related to equipment purchases capitalized in the fiscal years ended June 30, 1998 and June 30, 1999, The City and theSuburban Purchasers reached a resolution • out March 22, 2004, on the issues related to the equipment purchases capitalized during the fiscal years ended June 30, 1998 and June 30, 1999, and the writo-off of certain engineering expenses related to septic system design. As part of the resolution, the City will receive a credit of $21,006 per year commencing in the year ended June 30, 2003, and continuing through the year ending June 30, 2010. 5 (Continued)