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be required should we discontinue
accounting under SFAS No. 71, “Accounting for the Effects of Certain
Types of Regulation.” See Note 2 of the Notes to Consolidated Financial
Statements, “Summary of Significant Accounting Policies,” for additional
information.
The 1992 Energy Policy Act began
deregulating the electricity market for generation. The Energy Policy
Act permitted FERC to order electric utilities to allow third parties
to use their transmission systems to sell electric power to wholesale
customers. In 1992, we agreed to open access of our transmission
system for wholesale transactions. FERC also requires us to provide
transmission services to others under terms comparable to those
we provide ourselves. In December 1999, FERC issued an order (FERC
Order No. 2000) encouraging formation of regional transmission organizations
(RTOs). RTOs are designed to control the wholesale transmission
services of the utilities in their regions, thereby facilitating
open and more competitive markets in bulk power.
We and all other electric utilities
with intrastate transmission facilities operate under FERC regulated
open access tariffs that offer all wholesale buyers and sellers
of electricity the same transmission services, at the same rates,
that the utilities provide themselves. We are a member of the SPP,
a regional division of the North American Electric Reliability Council.
After FERC rejected several attempts by the Southwest Power Pool
(SPP) to gain RTO status, the SPP and the Midwest Independent System
Operator (MISO) agreed in October 2001 to consolidate and form an
RTO. On May 30, 2002, FERC approved the planned merger. On November
4, 2002, MISO and SPP filed a revised consolidated open-access transmission
tariff as required by the merger agreement. On March 19, 2003, the
SPP’s board of directors voted to terminate the proposed merger
with MISO, although both organizations have not precluded a future
consolidation. We anticipate that FERC Order No. 2000 and our continued
participation in the SPP will not have a material effect on our
operations.
Network Integration Transmission Service
Effective January 1, 2002, we began
taking Network Integration Transmission Service under the SPP’s
Open Access Transmission Tariff. This provides a cost-effective
way for us to participate in a broader market of generation resources
with the possibility of lower transmission costs. This tariff provides
for a zonal rate structure, whereby transmission customers pay a
pro rata share, in the form of a reservation charge, for the use
of the facilities for each transmission owner that serves them.
As a result, the SPP has operational control over our transmission
system, although we still own our transmission assets and maintain
responsibility for dispatching, maintenance and storm restoration.
Currently, all revenues collected within a zone are allocated back to
the transmission owner serving the zone. Since we are a transmission
provider for our zone and are currently the only transmission customer
taking service from that zone, we are currently being assessed 100%
of the zonal costs and receiving all of the costs back as revenue, less
servicing fees. In 2002, these network integration transmission costs
were approximately $65.9 million, and the associated revenues were
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approximately $60.1 million, for a net
expense of approximately $5.8 million. The revenues received are
reflected in electric operating revenues, and the related charges
are expensed.
Regulation and Rates
As a Kansas electric utility, we are
subject to the jurisdiction of the KCC, which has general regulatory
authority over our rates, extensions and abandonments of service
and facilities, valuation of property, the classification of accounts,
the issuance of some securities and various other matters. We are
also subject to the jurisdiction of FERC, which has authority over
wholesale sales of electricity, the transmission of electric power
and the issuance of some securities. We are subject to the jurisdiction
of the NRC for nuclear plant operations and safety. We are exempt
as a public utility holding company pursuant to the Public Utility
Holding Company Act of 1935 from all provisions of that Act, except
Section 9(a)(2), which relates to the acquisition of the securities
of other utilities.
Fuel and purchased power costs are recovered
in retail rates at a fixed level. Therefore, to recover fuel and
purchased power costs in excess of the costs included in retail
rates, we would have to make a rate filing with the KCC, which could
be denied in whole or in part. Any increase in fuel and purchased
power costs over the costs recovered through rates would reduce
our earnings if not offset by sales or other cost reductions. For
additional information regarding commodity price risks, see “Item
7A. Quantitative and Qualitative Disclosures About Market Risk.”
On November 27, 2000, Westar Energy and
KGE filed applications with the KCC for an increase in retail rates.
On July 25, 2001, the KCC ordered an annual reduction in our combined
electric rates of $22.7 million, consisting of a $41.2 million reduction
in KGE’s rates and an $18.5 million increase in Westar Energy’s
rates.
On August 9, 2001, Westar Energy and KGE
filed petitions with the KCC requesting reconsideration of the July
25, 2001 order. The petitions specifically asked for reconsideration
of changes in depreciation, reductions in rate base related to deferred
income taxes associated with the KGE acquisition premium and a deferred
gain on the sale and leaseback of LaCygne 2, wholesale revenue imputation
and several other issues. On September 5, 2001, the KCC issued an
order in response to our motions for reconsideration that increased
Westar Energy’s rates by an additional $7.0 million. The $41.2 million
rate reduction in KGE’s rates remained unchanged. On November 9,
2001, we filed an appeal of the KCC decisions with the Kansas Court
of Appeals in an action captioned “Western Resources, Inc. and Kansas
Gas and Electric Company vs. The State Corporation Commission of
the State of Kansas.” On March 8, 2002, the Court of Appeals upheld
the KCC orders. On April 8, 2002, we filed a petition for review
of the decision of the Court of Appeals with the Kansas Supreme
Court. Our petition for review was denied on June 12, 2002.
Additional information with respect to rate matters and regulation is
set forth in Note 3 of the Notes to Consolidated Financial Statements,
“Rate Matters and Regulation.”
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