REGULATION

NJNG is subject to cost-based regulation, therefore, it is permitted to recover authorized operating expenses and earn a reasonable return on its utility investment based on the BPU's approval. The impact of the ratemaking process and decisions authorized by the BPU allows NJNG to capitalize or defer certain costs that are expected to be recovered from its customers as regulatory assets and to recognize certain obligations representing amounts that are probable future expenditures as regulatory liabilities in accordance with accounting guidance applicable to regulated operations.

NJNG's recovery of costs is facilitated through its base tariff rates, BGSS and other regulatory tariff riders. As recovery of regulatory assets is subject to BPU approval, if there are any changes in regulatory positions that indicate recovery is not probable, the related cost would be charged to income in the period of such determination.

Regulatory assets and liabilities included on the Unaudited Condensed Consolidated Balance Sheets are comprised of the following:



(Thousands)	December 31, 2015		September 30, 2015
Regulatory assets-current
Conservation Incentive Program	$	819	$	—
New Jersey Clean Energy Program	12,907		14,293
Derivatives at fair value, net	13,013		9,965
Total current regulatory assets	$	26,739	$	24,258
Regulatory assets-noncurrent
Environmental remediation costs
Expended, net of recoveries	$	17,963	$	18,886
Liability for future expenditures	180,400		180,400
Deferred income taxes	18,233		17,460
Derivatives at fair value, net	1,861		5,153
SAVEGREEN	27,968		26,882
Postemployment and other benefit costs	138,491		140,636
Deferred Superstorm Sandy costs	15,201		15,201
Conservation Incentive Program	17,552		—
Other noncurrent regulatory assets	5,663		5,537
Total noncurrent regulatory assets	$	423,332	$	410,155
Regulatory liability-current
Conservation Incentive Program	$	—	$	5,167
Overrecovered gas costs	1,091		6,987
Total current regulatory liabilities	$	1,091	$	12,154
Regulatory liabilities-noncurrent
Cost of removal obligation	$	48,683	$	54,880
New Jersey Clean Energy Program	14,512		11,956
Other noncurrent regulatory liabilities	116		697
Total noncurrent regulatory liabilities	$	63,311	$	67,533

Regulatory filings and/or actions that occurred during the current fiscal year include the following:


•	On October 15, 2015, the BPU approved a base rate increase related to NJ RISE resulting in a .07 percent increase to the average residential heat customer's bill, effective November 1, 2015, to recover costs through July 31, 2015.


•	On October 15, 2015, the BPU issued an order approving the continuation of the BGSS Incentive Programs with modification to the storage incentive program, beginning with the 2015 storage injection period, and termination of the FRM Program, effective November 1, 2015.


•	On October 27, 2015, NJNG notified the BPU that the bill credits to residential and small commercial customers, which will be issued from November 2015 through February 2016, will be approximately $76 million and will result in an approximate 17 percent decrease to the average residential heat customer's bill.


•	On November 13, 2015, NJNG filed a base rate petition with the BPU to increase its base tariff rates in the amount of $147.6 million.


•	On December 24, 2015, NJNG filed an SBC petition with the BPU to increase the RA factor, to decrease the NJCEP factor and to request approval of its remediation expenses incurred through June 30, 2015, resulting in an overall decrease of .8 percent to the average residential heat customer's bill.


•	On January 27, 2016, the BPU approved NJNG’s July 2015 petition to maintain its existing SAVEGREEN recovery rate.


•	On January 27, 2016, the BPU approved NJNG's proposed SRL pipeline installation, operation and route selection, as modified by NJNG, including specific requirements regarding permitting, safety and integrity assessment.