42-14159. Computing valuation of distribution cooperatives; standard market value factor; definitions

A. The department shall determine the valuation of the electric distribution and transmission property of a distribution cooperative as defined in section 42-14154 that is operating in this state as follows:

1. Compute the value of the property pursuant to section 42-14154, subsection B.

2. Multiply the value computed under paragraph 1 of this subsection by the standard market value factor determined under subsection E of this section.

B. The value of construction work in progress is fifty per cent of the amount spent and entered on the taxpayer's accounting records as of December 31 of the preceding calendar year as construction work in progress.

C. The value of materials and supplies is the total cost of this property as of December 31 of the preceding calendar year.

D. The value of environmental protection facilities that are required by law is fifty per cent of the depreciated cost of the facilities.

E. The standard market value factor shall be determined as follows:

1. Using the most recent publicly available data obtained from annual reports produced by the federal energy regulatory commission or the publicly available data filed with the securities and exchange commission on form 10-k for each investor-owned electric utility operating in this state, calculate the following standard factors for each investor-owned electric utility:

(a) Megawatt hours sold to ultimate customers per ultimate customer.

(b) Megawatt hours sold to ultimate customers per net dollar invested in distribution plant.

(c) Megawatt hours sold to ultimate customers per dollar of operating and maintenance expense.

(d) Megawatt hours sold to ultimate customers per dollar of distribution operating and maintenance expense.

(e) The number of ultimate customers per net dollar invested in distribution plant.

(f) The number of ultimate customers per mile of distribution line.

2. Determine the average of each of the six standard factors under paragraph 1 of this subsection for the investor-owned electric utilities operating in this state as follows:

(a) For each factor, add the values obtained for that factor for all investor-owned electric utilities operating in this state.

(b) Divide the sum obtained under subdivision (a) of this paragraph for each factor by the number of investor-owned electric utilities operating in this state that were included in the calculation under subdivision (a) of this paragraph for that factor.

3. Using information obtained from the most recent report filed with the department under section 42-14152, calculate each of the standard factors under paragraph 1 of this subsection for the distribution cooperative.

4. Divide each of the six standard factors for the distribution cooperative calculated under paragraph 3 of this subsection by the corresponding average standard factors calculated under paragraph 2 of this subsection.

5. Add the six ratios calculated pursuant to paragraph 4 of this subsection, and divide that sum by six. The quotient is the standard market value factor.

F. For the purposes of this section:

1. " Distribution line" means a line that is capable of transporting voltage of 69, 000 volts or less and that is employed between the primary source of power supply and delivery to a customer.

2. " Distribution plant" means all property that is situated in this state and that is used or useful for the distribution of electric power except land rights, materials and supplies, and licensed vehicles.

3. " Investor-owned electric utility" means a business organization that provides electric power production and distribution, is regarded as a utility and is managed as a private enterprise rather than a function of a government or as a utility cooperative.