8-K
ATMOS ENERGY CORP (ATO)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 8-K
Current Report
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
February 12, 2021
Date of Report (Date of earliest event reported)
ATMOS ENERGY CORPORATION
(Exact Name of Registrant as Specified in its Charter)
| Texas AND Virginia | 1-10042 | 75-1743247 |
|---|---|---|
| (State or Other Jurisdiction<br><br>of Incorporation) | (Commission<br><br>File Number) | (I.R.S. Employer<br><br>Identification No.) |
| 1800 THREE LINCOLN CENTRE,<br><br>5430 LBJ FREEWAY, DALLAS, Texas | 75240 | |
| --- | --- | |
| (Address of Principal Executive Offices) | (Zip Code) |
(972) 934-9227
(Registrant’s Telephone Number, Including Area Code)
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
| Title of each class | Trading<br><br>Symbol | Name of each exchange<br><br>on which registered |
|---|---|---|
| Common stock No Par Value | ATO | New York Stock Exchange |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
| ☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
|---|---|
| ☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| --- | --- |
| ☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| --- | --- |
| ☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
| --- | --- |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§ 230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§ 240.12b-2 of this chapter).
Emerging Growth Company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
| Item 7.01 | Regulation FD Disclosure. |
|---|
A historic winter weather storm impacted supply, market pricing and demand for natural gas in service territories of Atmos Energy Corporation (the “Company”) beginning February 11 and continuing through the date of this disclosure. On February 12, 2021, the Governor of Texas declared a state of disaster for all 254 counties in the State in response to the then-forecasted weather conditions. The declaration certified that severe winter weather posed an imminent threat due to prolonged freezing temperatures, heavy snow, and freezing rain statewide.
Also, on February 12, 2021, the Railroad Commission of Texas (the “RRC”) issued an Emergency Order to temporarily implement a statewide utilities curtailment program intended to protect residences, hospitals, schools, churches, and other human needs customers in the State of Texas.
On February 13, 2021, the RRC issued a Notice to Local Distribution Companies that acknowledged that, due to the demand for natural gas during this winter weather event, natural gas utility local distribution companies may be required to pay extraordinarily high prices in the market for natural gas and may be subjected to other extraordinary expenses when responding to the winter weather event. The RRC also encouraged natural gas utilities to continue to work to ensure that the citizens of the State of Texas are provided with safe and reliable natural gas service. To partially defer and reduce the impact on customers for these costs that ultimately are reflected in customer bills, the RRC authorized local distribution companies to record a regulatory asset to account for the extraordinary expenses associated with this winter weather event, including but not limited to gas cost and other costs related to the procurement and transportation of gas supply. These expenses will be fully subject to review for reasonableness and accuracy in future regulatory proceedings. As a reminder, Atmos Energy buys gas at a wholesale rate and passes that price on to customers without any markup.
On February 14, 2021, the Governor of Kansas issued a State of Disaster Emergency due to wind chill warnings and stress on utility and natural gas providers caused by the significantly colder than normal weather. The executive order also urged Kansas citizens to conserve energy to help ensure a continued supply of natural gas and electricity and keep their own personal costs down. The declaration also noted that due to increased energy demand and natural gas supply constraints caused by sub-zero temperatures, utilities are currently experiencing wholesale natural gas prices anywhere from 10 to 100 times higher than normal.
On February 15, 2021 the State Corporation Commission of the State of Kansas issued an Emergency Order (the “Order”) directing all jurisdictional natural gas and electric utilities to coordinate efforts and take all reasonably feasible, lawful, and appropriate actions to ensure adequate delivery of natural gas and electricity to interconnected, non-jurisdictional utilities in Kansas. The Order also requires jurisdictional natural gas and electric utilities to do all things possible and necessary to ensure natural gas and electricity utility services continue to be provided to their customers in Kansas. Finally, the Order allows those electric and natural gas distribution utilities who incur extraordinary costs to ensure its customers and other interconnected customers continue to receive utility service during this unprecedented cold weather event to defer those costs to a regulatory asset account. Once this weather event is over, each jurisdictional utility will be required to file a compliance report detailing the extent of such costs incurred and present a plan to minimize the financial impacts of this event on ratepayers over a reasonable time frame.
Due to the historic nature of this winter storm, the Company experienced unforeseeable and unprecedented market pricing for gas costs, most notably in our Colorado, Kansas, and Texas jurisdictions, which resulted in aggregated natural gas purchases during this period of approximately $2.5 to $3.5 billion for these jurisdictions. These purchases are generally payable at the end of March 2021.
As of February 18, 2021, the Company had approximately $3.0 billion in total liquidity, including approximately $800 million in total cash assets.
The Company is evaluating a number of financing alternatives including available cash, short-term debt, long-term debt, and equity. The Company intends to finance its incremental natural gas purchases using one or more of these financing alternatives in a manner that will maintain strong investment grade credit ratings.
The Company believes its balanced financing strategy, combined with the regulatory asset treatment described above will support cost-effective financing for these incremental natural gas purchases. Therefore, the Company continues to believe earnings per diluted share for fiscal 2021 will be in the previously announced range of $4.90 to $5.10.
The information furnished in this Item 7.01 (including Exhibits 99.1, 99.2, 99.3, 99.4, and 99.5) shall not be deemed to be “filed” for purposes of Section 18 of the Exchange Act or otherwise subject to the liabilities of that section, nor shall such information be deemed to be incorporated by reference into any of the Company’s filings under the Securities Act of 1933 or the Securities Exchange Act of 1934.
Forward-Looking Statements
The matters discussed in this news release may contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. All statements other than statements of historical fact included in this news release are forward-looking statements made in good faith by the Company and are intended to qualify for the safe harbor from liability established by the Private Securities Litigation Reform Act of 1995. When used in this news release or any of the Company’s other documents or oral presentations, the words “anticipate”, “believe”, “estimate”, “expect”, “forecast”, “goal”, “intend”, “objective”, “plan”, “projection”, “seek”, “strategy” or similar words are intended to identify forward-looking statements. Such forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those discussed in this presentation, including the risks relating to regulatory trends and decisions, the Company’s ability to continue to access the credit and capital markets, and the other factors discussed in the Company’s reports filed with the Securities and Exchange Commission. These risks and uncertainties include the following: federal, state and local regulatory and political trends and decisions, including the impact of rate proceedings before various state regulatory commissions; increased federal regulatory oversight and potential penalties; possible increased federal, state and local regulation of the safety of our operations; the impact of greenhouse gas emissions or other legislation or regulations intended to address climate change; possible significant costs and liabilities resulting from pipeline integrity and other similar programs and related repairs; the inherent hazards and risks involved in distributing, transporting and storing natural gas; the availability and accessibility of contracted gas supplies, interstate pipeline and/or storage services; increased competition from energy suppliers and alternative forms of energy; adverse weather conditions; the impact of climate change; the inability to continue to hire, train and retain operational, technical and managerial personnel; increased dependence on technology that may hinder the Company’s business if such technologies fail; the threat of cyber-attacks or acts of cyber-terrorism that could disrupt our business operations and information technology systems or result in the loss or exposure of confidential or sensitive customer, employee or Company information; natural disasters, terrorist activities or other events and other risks and uncertainties discussed herein, all of which are difficult to predict and many of which are beyond our control; the capital-intensive nature of our business; our ability to continue to access the credit and capital markets to execute our business strategy; market risks beyond our control affecting our risk management activities, including commodity price volatility, counterparty performance or creditworthiness and interest rate risk; the concentration of our operations in Texas; the impact of adverse economic conditions on our customers; changes in the availability and price of natural gas; increased costs of providing health care benefits, along with pension and postretirement health care benefits and increased funding requirements; and the outbreak of COVID-19 and its impact on business and economic conditions. Accordingly, while we believe these forward-looking statements to be reasonable, there can be no assurance that they will approximate actual experience or that the expectations derived from them will be realized. Further, the Company undertakes no obligation to update or revise any of our forward-looking statements whether as a result of new information, future events or otherwise.
| Item 9.01. | Financial Statements and Exhibits. |
|---|
(d) Exhibits
| Exhibit<br>Number | Description |
|---|---|
| 99.1 | Proclamation by the Governor of the State of Texas |
| 99.2 | Railroad Commission of Texas - Emergency Order |
| 99.3 | Railroad Commission of Texas - Notice of Authorization for Regulatory Asset Accounting for Local Distribution Companies Affected by the February 2021 Winter Weather Event |
| 99.4 | State of Disaster Emergency Proclamation by the Governor of the State of Kansas |
| 99.5 | State Corporation Committee of the State of Kansas - Emergency Order |
| 104 | Cover Page Interactive Data File - the cover page interactive data file does not appear in the interactive data file because its XBRL tags are embedded within the Inline XBRL document |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| ATMOS ENERGY CORPORATION | ||
|---|---|---|
| (Registrant) | ||
| DATE: February 19, 2021 | By: | /s/ CHRISTOPHER T. FORSYTHE |
| Christopher T. Forsythe | ||
| Senior Vice President and Chief Financial Officer |
EX-99.1
Exhibit 99.1
TO ALL TO WHOM THESE PRESENTS SHALL COME:
I, GREG ABBOTT, Governor of the State of Texas, do hereby certify that severe winter weather poses an imminent threat of widespread and severe property damage, injury, and loss of life due to prolonged freezing temperatures, heavy snow, and freezing rain statewide.
THEREFORE, in accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby declare a state of disaster in all 254 counties based on the existence of such threat.
Pursuant to Section 418.017 of the code, I authorize the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster.
Pursuant to Section 418.016 of the code, any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor. However, to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’s emergency response that is necessary to protect life or property threatened by this declared disaster, I hereby authorize the suspension of such statutes and rules for the duration of this declared disaster.
In accordance with the statutory requirements, copies of this proclamation shall be filed with the applicable authorities.
| IN TESTIMONY WHEREOF, I have<br> <br>hereunto signed my<br>name and have<br> <br>officially caused the Seal of State to be<br><br><br>affixed at my office in the City of<br> <br>Austin, Texas, this the 12^th^ day of<br> <br>February, 2021. |
|---|
| /s/ Greg Abbott |
| GREG ABBOTT |
| Governor |
| Governor Greg Abbott | Proclamation |
|---|---|
| February 12, 2021 | Page 2 |
| ATTESTED BY: | |
| --- | |
| /s/ Ruth R. Hughs | |
| RUTH R. HUGHS | |
| Secretary of State |
EX-99.2
Exhibit 99.2
RAILROAD COMMISSION OF TEXAS
EMERGENCY ORDER
**WHEREAS,**after Notice of Emergency Meeting to consider this Emergency Order was duly posted on February 12, 2021 with the Secretary of State within the time period provided by law pursuant to Tex. Gov’t Code Chapter 551, et seq., the Railroad Commission of Texas (“Commission”) determined that an Emergency Order is necessary to protect human needs customers in the State of Texas because of current conditions which threaten and health, safety and welfare of those customers, and determined that the existing regulations and Orders of the Commission do not sufficiently address the specific conditions of this emergency; and ****
WHEREAS, on February 12, 2021, the Governor of the State of Texas issued a State of Disaster in all 254 counties due to severe weather posing an imminent threat of widespread and severe property damage, injury, and loss of life due to prolonged freezing temperatures, heavy snow, and freezing rain statewide; and ****
WHEREAS, pursuant to the authority granted to the Commission in the Texas Utilities Code, the Commission has the authority to issue this Emergency Order affecting the operation of the gas utility systems in this state to prevent such threats to the public; and
WHEREAS, the transportation, delivery and/or sale of natural gas in the State of Texas for any other purpose other than serving human needs customers should be curtailed to the extent possible and necessary for the duration of this Emergency Order.
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE RAILROAD COMMISSION OF TEXAS that Rule 2 of Docket 489 is temporarily amended as follows:
RULE 2.
Until such time as the Commission has specifically approved a utilities curtailment program, the following priorities in descending order shall be observed:
A. Deliveries of gas by natural gas utilities to residences, hospitals, schools, churches and other human needs customers, and deliveries to Local Distribution Companies which serve human needs customers.
B. Deliveries of gas to electric generation facilities which serve human needs customers.
C. Deliveries of gas to small industrials and regular commercial loads (defined as those customers using less than 3,000 MCF per day) and delivery of gas for use as pilot lights or in accessory or auxiliary equipment essential to avoid serious damage to industrial plants.
. D. Large users of gas for fuel or as a raw material where an alternate cannot be used and operation and plant production would be curtailed or shut down completely when gas is curtailed.
. E. Large users of gas for boiler fuel or other fuel users where alternate fuels can be used. This category is not to be determined by whether or not a user has actually installed alternate fuel facilities, but whether or not an alternate fuel “could” be used.
F. Interruptible sales made subject to interruption or curtailment at Seller’s sole discretion under contracts or tariffs which provide in effect for the sale of such gas as Seller may be agreeable to selling and Buyer may be agreeable to buying from time to time.
IT IS FURTHER ORDERED that gas utilities which have a specific curtailment plan/program that has been approved by the Commission shall ensure that their top two priorities in the plan/program are A and B as listed above for the duration of this Emergency Order.
IT IS FURTHER ORDERED that this Emergency Order is in effect until 11:59 p.m. Central Standard Time Friday, February 19, 2021, unless otherwise renewed by the Commission in a subsequent Emergency Order.
SIGNED this 12th day of February 2021.
| RAILROAD COMMISSION OF TEXAS |
|---|
| DocuSigned by: |
| /s/ Christi Craddick |
| Christi Craddick |
| CHAIRMAN CHRISTI CRADDICK |
| DocuSigned by: |
| /s/ Wayne Christian |
| Wayne Christian |
| COMMISSIONER WAYNE CHRISTIAN |
| DocuSigned by: |
| /s/ Jim Wright |
| Jim Wright |
| COMMISSIONER JIM WRIGHT |
| ATTEST: |
| --- |
| DocuSigned by: |
| /s/ Callie Farrar |
| Callie Farrar |
| SECRETARY |
EX-99.3
Exhibit 99.3
RAILROAD COMMISSION OF TEXAS
Oversight and Safety Division
Gas Services Department
NOTICE TO LOCAL DISTRIBUTION COMPANIES
Notice of Authorization for Regulatory Asset Accounting for Local Distribution Companies Affected by the February 2021 Winter Weather Event
On February 12, 2021, Governor Greg Abbott declared a State of Disaster in Texas for all Texas counties in response to the unprecedented cold winter weather event that began in Texas on Thursday, February 11, 2021 and is expected to continue until, at a minimum, Thursday, February 18, 2021 (“2021 Winter Weather Event”). The Commission is aware that, due to the demand for natural gas during the 2021 Winter Weather Event, natural gas utility local distribution companies (“LDCs”) may be required to pay extraordinarily high prices in the market for natural gas and may be subjected to other extraordinary expenses when responding to the 2021 Winter Weather Event. The Commission encourages LDCs to continue to work to ensure that the citizens of the State of Texas are provided with safe and reliable natural gas service.
Through this Notice, the Commission authorizes LDCs to use an accounting mechanism and a subsequent process through which those regulated companies may seek future recovery of extraordinary expenses resulting from the effects of the 2021 Winter Weather Event in order to partially defer and reduce the impact on customers of these extraordinary expenses. The Commission has exclusive, original jurisdiction to prescribe the manner and form of the books, records, and accounts for gas utilities pursuant to the Gas Utility Regulatory Act, Texas Utility Code §102.101(a), (b) and (d). The Commission hereby authorizes each LDC to record in aregulatory asset account the extraordinary expenses associated with the 2021 Winter Weather Event, including but not limited to gas cost and other costs related to the procurement and transportation of gas supply.
This Notice only authorizes the ability to record the expenses related to securing natural gas throughout the 2021 Winter Weather Event in a regulatory asset account and does not authorize the reasonableness, necessity, or accuracy of the expenses placed into the regulatory asset account. In future rate proceedings, the expenses will be fully subject to review for reasonableness and accuracy, and the LDCs shall bear the burden to prove that the expenses would not have been incurred but for the 2021 Winter Weather Event.
If you have questions regarding this notice, please contact the Commission at mark.evarts@rrc.texas.gov.
Please Forward to the Appropriate Section ofYour Company
| Austin, Texas | February 2021 |
|---|
EX-99.4
Exhibit 99.4
STATE OF DISASTER EMERGENCY PROCLAMATION
Executive Department
State of Kansas
Topeka, Kansas
Bythe Governor
By virtue of the authority vested in me by the Kansas Emergency Management Act, Chapter 48, Article 9, of the Kansas Statutes Annotated, to meet the inherent dangers of disasters to which the State and its citizens have been exposed, and upon advice of the State Adjutant General as the Director of the Division of Emergency Management, I hereby proclaim a State of Disaster Emergency as follows:
NATURE OF THE DISASTER:
Low temperatures with sub-zero wind chills over the past several days accompanied by snow, sleet, and freezing rain across the state have caused stress on the energy infrastructure. Power outages and critical energy supply shortages are anticipated over the next few days. Communities are feeling the impacts with water main breaks, the need for warming stations, and seeing an increase in the demand for natural gas and electricity.
DATE THAT DISASTER AFFECTED THE AREA:
February 14, 2021 and continuing
AREAAFFECTED BY THE DISASTER:
All Kansas counties and Federally Recognized Indian Tribes in Kansas
I hereby proclaim, direct, and order the Adjutant General of the State of Kansas to activate the disaster response and recovery portions of the Kansas Response Plan and to utilize all available resources of the state to cope with the disaster as necessary. The Adjutant General shall coordinate local and inter-jurisdictional disaster plans applicable to the political subdivisions of areas affected by this Proclamation.
Any or all of the powers conferred upon the Governor by the Kansas Emergency Management Act may be delegated to the Adjutant General as deemed appropriate during this period of proclaimed State of Disaster Emergency. This may be delegated by written orders or oral orders subsequently reduced to writing with reference to this Proclamation.
I hereby suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the order or rules and regulations of any state agency which implements such statute, if strict compliance with the provisions of such statutes, order or rule and regulation would prevent, hinder, or delay in any way necessary action in coping with the disaster as set forth in KSA 48-925(c)(l).
I hereby direct state agencies to implement necessary continuity activities to ensure the delivery of essential functions that include continuity of operations (COOP) planning with pandemic considerations applied.
This Proclamation shall be filed promptly with the Division of Emergency Management, the Office of the Secretary of State and each city clerk or county clerk, as appropriate, in the area to which this Proclamation applies. Further dissemination of this Proclamation shall occur by means calculated to bring its contents to the attention of the general public.
DONE At the Capitol in Topeka
Under the Great Seal of the State
this 14th, day of February
A.D., 2021
| BY THE GOVERNOR | <br><br><br> <br> |
|---|---|
| Secretary of State | |
| Assistant Secretary of State |
EX-99.5
Exhibit 99.5
20210215115542
Kansas Corporation Commission
THE STATE CORPORATION COMMISSION
OF THE STATE OF KANSAS
| Before Commissioners: | Andrew J. French, Chairperson |
|---|---|
| Dwight D. Keen | |
| Susan K. Duffy | |
| In the Matter of Record Natural Gas Prices and | ) |
| --- | --- |
| Potential System Reliability Issues from | ) Docket No. 21-GIMX-303-MIS |
| Unprecedented and Sustained Cold Weather. | ) |
EMERGENCY ORDER
This matter comes before the State Corporation Commission of the State of Kansas (Commission) for consideration and decision. Having reviewed the pleadings and record, the Commission makes the following findings:
1. On February 14, 2021, Governor Kelly issued an State of Disaster Emergency due to wind chill warnings and stress on utility and natural gas providers, noting that the current sub-zero temperatures are causing increased energy demand and natural gas supply constraints throughout Kansas, and utilities are currently experiencing wholesale natural gas price increase from 10 to 100 times higher than normal (the “2021 Winter Weather Event”). Those costs will eventually flow through to consumers through increases in monthly natural gas and electric bills. Additionally, Kansas utilities are facing potential reliability issues related to the prolonged arctic temperatures. Therefore, under these circumstances, the Commission, pursuant to K.S.A. 77-536(a), will exercise its powers to protect the public from immediate danger to health, safety, and welfare.
2. In the public interest, the Commission has jurisdiction to regulate and oversee certain facets of service provided by natural gas public utilities and electric utilities operating in
the State, and is empowered to do certain things necessary and convenient to exercise its authority.^1^
3. K.S.A. 77-536(a) provides State agencies with the authority to act when there is “an immediate danger to the public health, safety or welfare requiring immediate state agency action.” Pursuant to K.S.A. 77-536(a), the Commission directs all jurisdictional natural gas and electric utilities to coordinate efforts and take all reasonably feasible, lawful, and appropriate actions to ensure adequate transportation of natural gas and electricity to interconnected, non-jurisdictional Kansas utilities. Jurisdictional natural gas and electric utilities are ordered to do everything necessary to ensure natural gas and electricity service continues to be provided to their customers in Kansas.
4. The Commission authorizes every jurisdictional electric and natural gas distribution utility that incurs extraordinary costs associated with ensuring that their customers or the customers of interconnected Kansas utilities that are non-jurisdictional to the Commission continue to receive utility service during this unprecedented cold weather event to defer those costs to a regulatory asset account. Such costs include but are not limited to the cost of procuring and transporting natural gas supplies for jurisdictional utility customers, costs associated with jurisdictional utilities coordinating and assisting non-jurisdictional utilities with the transportation of gas supplies^2^, and any other reasonable costs necessary to ensure stability and reliability of natural gas and electricity service. These deferred costs may also include carrying costs at the utility’s weighted average cost of capital. All deferred costs shall be segregated by detailed cost category and shall contain enough detail for the Commission to perform a subsequent review for prudence and reasonableness. This deferral is for accounting
| ^1^ | K.S.A. 66-1,201; K.S.A. 66-101.<br> |
|---|---|
| ^2^ | Nothing in this section is intended to require a jurisdictional utility to procure natural gas supplies for<br>non-jurisdictional utilities. |
| --- | --- |
2
purposes only. Any decisions related to ratepayer recovery will be addressed in future proceedings.
5. Each utility bears the burden of proof that the costs described in paragraph 4: (1) would not have been incurred but for the 2021 Winter Weather Event, and (2) are just, reasonable, and necessary to provide utility services during this extraordinary event. Once this 2021 Winter Weather Event is over, and after all costs have been accumulated and recorded, each jurisdictional utility is directed to file a compliance report in this Docket detailing the extent of such costs incurred, and present a plan to minimize the financial impacts of this event on ratepayers over a reasonable time frame.
THEREFORE, THE COMMISSION ORDERS:
A. All jurisdictional natural gas and electric utilities are directed to coordinate efforts and take all reasonably feasible, lawful, and appropriate actions to ensure adequate delivery of natural gas and electricity to interconnected, non-jurisdictional utilities in Kansas.
B. Jurisdictional natural gas and electric utilities are ordered to do all things possible and necessary to ensure natural gas and electricity utility services continue to be provided to their customers in the State.
C. Every electric and natural gas distribution utility that incurs extraordinary costs associated with ensuring its customers or the customers of interconnected Kansas utilities that are non-jurisdictional to the Commission continue to receive utility service during this unprecedented cold weather event is authorized to defer those costs to a regulatory asset account.
3
BY THE COMMISSION IT IS SO ORDERED.
French, Chairperson; Keen, Commissioner; Duffy, Commissioner
Dated: 02/15/2021
| /s/ Lynn M. Retz |
|---|
| Lynn M. Retz |
| Executive Director |
BGF
4
CERTIFICATE OF SERVICE
21-GIMX-303-MIS
I, the undersigned, certify that a true copy of the attached Order has been served to the following by means of electronic service on 02/15/2021.
| MONTE PRICE | KENNETH R. SMITH, EXECUTIVE VP |
|---|---|
| AMARILLO NATURAL GAS COMPANY | AMERICAN ENERGIES GAS SERVICE, LLC |
| 2915 I-40 WEST | 915 ONE ENERGY SQUARE |
| AMARILLO, TX 79109 | 4925 GREENVILLE AVE STE 915 |
| Fax: 806-352-3721 | DALLAS, TX 75206 |
| mwprice@anginc.net | Fax: 0— |
| ksmith@trekresources.com | |
| DAWN GRAFF, MIDSTREAM ACCOUNTING MANAGER | SHELLY M BASS, SENIOR ATTORNEY |
| ANADARKO NATURAL GAS COMPANY | ATMOS ENERGY CORPORATION |
| 1099 18th Street | 5430 LBJ FREEWAY |
| DENVER, CO 80202 | 1800 THREE LINCOLN CENTRE |
| dawn.graff@anadarko.com | DALLAS, TX 75240 |
| shelly.bass@atmosenergy.com | |
| ATTN: GAS SERVICE CONTACT | ROB DANIEL, MGR. REG. & FINANCE |
| ATMOS ENERGY CORPORATION | BLACK HILLS/KANSAS GAS UTILITY COMPANY LLC |
| 5420 LBJ FWY STE 1600 (75240) | D/B/A Black Hills Energy |
| P O BOX 650205 | 601 NORTH IOWA STREET |
| DALLAS, TX 75265-0205 | LAWRENCE, KS 66044 |
| jennifer.ries@atmosenergy.com | rob.daniel@blackhillscorp.com |
| ANN STICHLER, SNR. ANALYST-REG. & FINANCE | DARI DORNAN, ASSOCIATE GENERAL COUNSEL |
| BLACK HILLS/KANSAS GAS UTILITY COMPANY LLC | BLACK HILLS/KANSAS GAS UTILITY COMPANY, LLC |
| D/B/A Black Hills Energy | D/B/A BLACK HILLS ENERGY |
| 2287 College Road | 1731 Windhoek Drive |
| Council Bluffs, IA 51503 | Lincoln, NE 68512 |
| ann.stichler@blackhillscorp.com | dari.dornan@blackhillscorp.com |
| TOM STEVENS, DIRECTOR REGULATORY & FINANCE | SARAH MADDEN, OFFICE MANAGER |
| BLACK HILLS/KANSAS GAS UTILITY COMPANY, LLC | BUTLER RURAL ELECTRIC COOPERATIVE ASSN., INC. |
| D/B/A BLACK HILLS ENERGY | D/B/A VELOCITY |
| 655 EAST MILLSAP DRIVE | 216 S VINE ST |
| FAYETTEVILLE, AR 72703 | PO BOX 1242 |
| tom.stevens@blackhillscorp.com | ELDORADO, KS 67042 |
| Fax: 316-321-9980 | |
| smadden@butler.coop |
CERTIFICATE OF SERVICE
| 21-GIMX-303-MIS | |
|---|---|
| JOSEPH R. ASTRAB, ATTORNEY | TODD E. LOVE, ATTORNEY |
| CITIZENS’ UTILITY RATEPAYER BOARD | CITIZENS’ UTILITY RATEPAYER BOARD |
| 1500 SW ARROWHEAD RD | 1500 SW ARROWHEAD RD |
| TOPEKA, KS 66604 | TOPEKA, KS 66604 |
| Fax: 785-271-3116 | Fax: 785-271-3116 |
| j.astrab@curb.kansas.gov | t.love@curb.kansas.gov |
| DAVID W. NICKEL, CONSUMER COUNSEL | SHONDA RABB |
| CITIZENS’ UTILITY RATEPAYER BOARD | CITIZENS’ UTILITY RATEPAYER BOARD |
| 1500 SW ARROWHEAD RD | 1500 SW ARROWHEAD RD |
| TOPEKA, KS 66604 | TOPEKA, KS 66604 |
| Fax: 785-271-3116 | Fax: 785-271-3116 |
| d.nickel@curb.kansas.gov | s.rabb@curb.kansas.gov |
| DELLA SMITH | SHERI RICHARD, DIRECTOR, RATES AND REGULATORY |
| CITIZENS’ UTILITY RATEPAYER BOARD | AFFAIRS |
| 1500 SW ARROWHEAD RD | EMPIRE DISTRICT ELECTRIC COMPANY |
| TOPEKA, KS 66604 | 602 S JOPLIN AVENUE |
| Fax: 785-271-3116 | PO BOX 127 |
| d.smith@curb.kansas.gov | JOPLIN, MO 64802 |
| Fax: 417-625-5169 | |
| sheri.richard@libertyutilities.com | |
| KELLY WALTERS, VICE-PRESIDENT | CATHRYN J. DINGES, CORPORATE COUNSEL |
| EMPIRE DISTRICT INDUSTRIES, INC. | EVERGY KANSAS CENTRAL, INC |
| 602 JOPLIN | 818 S KANSAS AVE |
| PO BOX 127 | PO BOX 889 |
| JOPLIN, MO 64802-0127 | TOPEKA, KS 66601-0889 |
| Fax: 417-625-5173 | Fax: 785-575-8136 |
| kwalters@empiredistrict.com | cathy.dinges@evergy.com |
| LARRY WILKUS, DIRECTOR, RETAIL RATES | ROBERT J. HACK, LEAD REGULATORY COUNSEL |
| EVERGY KANSAS CENTRAL, INC | EVERGY METRO, INC |
| FLOOR#10 | D/B/A EVERGY KANSAS METRO |
| 818 S KANSAS AVE | One Kansas City Place |
| TOPEKA, KS 66601-0889 | 1200 Main St., 19th Floor |
| larry.wilkus@evergy.com | Kansas City, MO 64105 |
| Fax: 816-556-2787 | |
| rob.hack@evergy.com | |
| KIRK HEGER, PRESIDENT | MARK DOTY |
| FREEDOM PIPELINE, LLC | GLEASON & DOTY CHTD |
| PO BOX 100 | 401 S MAIN ST STE 10 |
| HUGOTON, KS 67951 | PO BOX 490 |
| ag1stkh@pld.com | OTTAWA, KS 66067-0490 |
| Fax: 785-842-6800 | |
| doty.mark@gmail.com |
CERTIFICATE OF SERVICE
| 21-GIMX-303-MIS | |
|---|---|
| THOMAS E. GLEASON, JR., ATTORNEY | COLLEEN JAMISON |
| GLEASON & DOTY CHTD | JAMISON LAW, LLC |
| PO BOX 6 | P O BOX 128 |
| LAWRENCE, KS 66044 | TECUMSEH, KS 66542 |
| Fax: 785-856-6800 | colleen.jamison@jamisonlaw.legal |
| gleason@sunflower.com | |
| COLE BAILEY, LITIGATION COUNSEL | BRIAN G. FEDOTIN, GENERAL COUNSEL |
| KANSAS CORPORATION COMMISSION | KANSAS CORPORATION COMMISSION |
| 1500 SW ARROWHEAD RD | 1500 SW ARROWHEAD RD |
| TOPEKA, KS 66604 | TOPEKA, KS 66604 |
| Fax: 785-271-3354 | Fax: 785-271-3354 |
| c.bailey@kcc.ks.gov | b.fedotin@kcc.ks.gov |
| TERRI PEMBERTON, CHIEF LITIGATION COUNSEL | MARK DOLJAC, DIR RATES AND REGULATION |
| KANSAS CORPORATION COMMISSION | KANSAS ELECTRIC POWER CO-OP, INC. |
| 1500 SW ARROWHEAD RD | 600 SW CORPORATE VIEW |
| TOPEKA, KS 66604 | PO BOX 4877 |
| Fax: 785-271-3354 | TOPEKA, KS 66604-0877 |
| t.pemberton@kcc.ks.gov | Fax: 785-271-4888 |
| mdoljac@kepco.org | |
| JANET BUCHANAN, DIRECTOR-REGULATORY AFFAIRS | JUDY JENKINS HITCHYE, MANAGING ATTORNEY |
| KANSAS GAS SERVICE, A DIVISION OF ONE GAS, INC. | KANSAS GAS SERVICE, A DIVISION OF ONE GAS, INC. |
| 7421 W 129TH ST | 7421 W 129TH ST |
| OVERLAND PARK, KS 66213-2713 | OVERLAND PARK, KS 66213-2713 |
| Fax: 913-319-8622 | Fax: 913-319-8622 |
| janet.buchanan@onegas.com | judy.jenkins@onegas.com |
| JAMES FLAHERTY, ANDERSON BYRD | JAMES BRUNGARDT, MANAGER, REGULATORY |
| LIBERTY UTILITIES CORP | RELATIONS |
| P.O. BOX 17 | MID-KANSAS ELECTRIC COMPANY, LLC |
| OTTAWA, KS 66067 | 301 W 13TH ST |
| jflaherty@andersonbyrd.com | PO BOX 980 |
| HAYS, KS 67601 | |
| Fax: 785-623-3395 | |
| jbrungardt@sunflower.net | |
| TOM MEIS, VICE PRESIDENT FINANCE, CFO | STEPHEN J. EPPERSON, CEO |
| MIDWEST ENERGY, INC. | PIONEER ELECTRIC COOP. ASSN., INC. |
| 1330 CANTERBURY DRIVE | 1850 W OKLAHOMA |
| PO BOX 898 | PO BOX 368 |
| HAYS, KS 67601-0898 | ULYSSES, KS 67880-0368 |
| Fax: 785-625-1494 | Fax: 620-356-4306 |
| tmeis@mwenergy.com | sepperson@pioneerelectric.coop |
CERTIFICATE OF SERVICE
| 21-GIMX-303-MIS | |
|---|---|
| KIRK A. GIRARD, ASSISTANT CEO | RANDY MAGNISON, EXEC VP & ASST CEO |
| PRAIRIE LAND ELECTRIC COOPERATIVE, INC. | SOUTHERN PIONEER ELECTRIC COMPANY |
| 14935 US HWY 36 | 1850 W OKLAHOMA |
| PO BOX 360 | PO BOX 430 |
| NORTON, KS 67654-0360 | ULYSSES, KS 67880-0368 |
| Fax: 785-877-3572 | Fax: 620-356-4306 |
| kgirard@ple.coop | rmagnison@pioneerelectric.coop |
| THOMAS K. HESTERMANN, MANAGER, REGULATORY | SHANE LAWS, CEO |
| RELATIONS | VICTORY ELECTRIC COOPERATIVE ASSN., INC. |
| SUNFLOWER ELECTRIC POWER CORPORATION | 3230 N 14TH ST |
| 301 W. 13TH | PO BOX 1335 |
| PO BOX 1020 | DODGE CITY, KS 67801-1335 |
| HAYS, KS 67601-1020 | Fax: 620-227-8819 |
| Fax: 785-623-3373 | shane@victoryelectric.net |
| tkhestermann@sunflower.net | |
| THOMAS RUTH, GENERAL MANAGER | BRUCE MUELLER, CEO |
| WESTERN COOPERATIVE ELECTRIC ASSN., INC. | WHEATLAND ELECTRIC COOPERATIVE |
| 635 S 13TH ST | D/B/A Wheatland Broadband Services |
| PO BOX 278 | 101 SOUTH MAIN STREET |
| WAKEENEY, KS 67672-0278 | P.O. BOX 230 |
| Fax: 785-743-2717 | SCOTT CITY, KS 67871 |
| tomr@westerncoop.com | Fax: 620-872-7170 |
| bmueller@weci.net | |
| JOEL D. BRYAN, DIRECTOR OF FINANCE | |
| WHEATLAND ELECTRIC COOPERATIVE, INC. | |
| 101 MAIN ST | |
| PO BOX 230 | |
| SCOTT CITY, KS 67871-0230 | |
| Fax: 620-872-7170 | |
| electric@weci.net | |
| /S/ DeeAnn Shupe | |
| --- | |
| DeeAnn Shupe |