MidAmerican Energy Company - Page 11




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                  The regulatory agencies had the authority to require                                 
            petitioner to adjust rates to reflect such an excess, but TRA                              
            section 203(e), 100 Stat. 2146, provided that the normalization                            
            provisions of sections 167 and 168 would be violated if a utility                          
            reduced its excess deferred Federal income tax reserve more                                
            rapidly than as provided under the average rate assumption method                          
            (ARAM).  This TRA provision generally applies to those excess                              
            deferred Federal income taxes attributable to timing differences                           
            relating to depreciation and property classifications described                            
            in sections 167(a)(1) and 168(e)(3) (protected excess deferred                             
            Federal income tax).  Under ARAM, the protected excess deferred                            
            Federal income tax can be reversed only through rate adjustments                           
            as the timing differences that created them reverse.                                       
            Accordingly, the protected excess deferred Federal income tax is                           
            reduced ratably over the underlying asset’s remaining useful                               
            life, consistent with normalization, by reducing future utility                            
            rates.                                                                                     
                  Consistent with these provisions, petitioner began reducing                          
            its protected excess deferred Federal income tax account in                                
            November 1987 by reducing utility rates.  This continued through                           
            1990.  The rate reductions were allocated to each customer class                           
            based on each customer class’s contribution to the excess                                  
            deferred Federal income tax, but rate reductions were not                                  
            specifically allocated to customers who paid pre-1987 utility                              






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Last modified: May 25, 2011