REGULATORY MATTERS | REGULATORY MATTERSThe ACC and the FERC each regulate portions of the utility accounting practices and rates of TEP. The ACC regulates rates charged to retail customers, the siting of generation and transmission facilities, the issuance of securities, transactions with affiliated parties, and other utility matters. The ACC also enacts other regulations and policies that can affect TEP's business decisions and accounting practices. The FERC regulates rates and services for electric transmission and wholesale power sales in interstate commerce. RATE CASE MATTERS 2020 Rate Order In December 2020, the ACC issued a rate order for new rates that took effect January 1, 2021. Provisions of the 2020 Rate Order include, but are not limited to: • a non-fuel retail revenue increase of $58 million over test year retail revenues; • a 7.04% return on original cost rate base of $2.7 billion, which includes a cost of equity of 9.15% and an average cost of debt of 4.65%; and • a capital structure for rate-making purposes of approximately 53% common equity and 47% long-term debt. In addition, the 2020 Rate Order established a second phase of TEP’s rate case to address the impact on certain communities due to the closures of fossil-based generation facilities (Phase 2). In January 2021, the ACC staff opened a generic docket related to this matter and will consider additional evidence or recommendations in Phase 2. In the first nine months of 2021, there has been limited activity in this docket. TEP expects more activity related to Phase 2 during 2022. TEP cannot predict the outcome of these proceedings. 2019 FERC Rate Case In 2019, the FERC issued an order approving TEP's proposed OATT revisions effective August 1, 2019, subject to refund and further proceedings. Provisions of the order include, but are not limited to: • replacing TEP's stated transmission rates with a forward-looking formula rate; • a 10.4% return on equity; and • elimination of transmission rates that are bifurcated between high-voltage and lower-voltage facilities, as well as elimination of the bifurcated loss factor. The requested forward-looking formula rate is intended to allow for a more timely recovery of transmission-related costs. As part of the order, the FERC established hearing and settlement procedures. In February 2021, a Presiding Judge was appointed to continue the formula rate case proceeding after the settlement procedures resulted in an impasse. In August 2021, TEP filed an unopposed motion requesting that the Chief Judge suspend the litigation procedural schedule to allow the parties time to prepare and file a comprehensive settlement package, as parties in the proceeding reached a settlement in principle. The motion was granted and the parties are continuing their negotiations to finalize the terms and conditions of the settlement. All rates charged under the revised OATT pursuant to the FERC order are subject to refund until the proceeding concludes. TEP reserved $24 million as of September 30, 2021, and $15 million as of December 31, 2020, of wholesale revenues in Current Liabilities—Regulatory Liabilities on the Condensed Consolidated Balance Sheets. TEP cannot predict the outcome of the proceeding. OTHER FERC MATTERS In January 2021, the FERC notified TEP that it was commencing an audit that intends to evaluate TEP's compliance with: (i) the accounting requirements of the Uniform System of Accounts; and (ii) the reporting requirements of the FERC Form 1 Annual Report and Supplemental Form 3-Q Quarterly Financial Reports. The audit will cover the period of January 1, 2018 to the present. The audit is ongoing and TEP cannot predict the outcome or findings, if any, of the FERC audit at this time. COST RECOVERY MECHANISMS TEP has received regulatory decisions that allow for more timely recovery of certain costs through recovery mechanisms. Cost recovery mechanisms that have a material impact on TEP's operations or financial results are described below. Purchased Power and Fuel Adjustment Clause TEP's PPFAC rate is typically adjusted annually on April 1st and goes into effect for the subsequent 12-month period unless the schedule is modified by the ACC. The PPFAC rate includes: (i) a forward component which is calculated by taking the difference between forecasted fuel and purchased power costs and the amount of those costs established in Retail Rates; and (ii) a true-up component that reconciles the difference between actual costs and those recovered in the preceding 12-month period. The table below summarizes the PPFAC regulatory asset (liability) balance: Three Months Ended September 30, Nine Months Ended September 30, (in millions) 2021 2020 2021 2020 Beginning of Period $ 47 $ 28 $ 23 $ 36 Deferred Fuel and Purchased Power Costs (1) 119 109 269 224 PPFAC and Base Power Recoveries (2) (94) (110) (220) (233) End of Period $ 72 $ 27 $ 72 $ 27 (1) Includes costs eligible for recovery through the PPFAC and base power rates. (2) In March 2021, the ACC approved a PPFAC surcharge as part of TEP's annual rate adjustment request, which went into effect on June 1, 2021. Tax Expense Adjustor Mechanism The TEAM allows for the timely recovery of future significant income tax changes. The TEAM provides the Company the ability to pass through as a kWh surcharge: (i) the TCJA Regulatory Deferral balance to the initial 2021 TEAM rate; (ii) the change in EDIT compared to the test year; and (iii) the income tax effects of tax legislation that materially impacts TEP's 2018 test year revenue requirements. The TEAM went into effect January 1, 2021, as approved in the 2020 Rate Order. TEP's regulatory liability balance related to the TEAM is $2 million as of September 30, 2021 and $29 million as of December 31, 2020 in Current Liabilities—Regulatory Liabilities on the Condensed Consolidated Balance Sheets. TEP refunded $27 million to customers in the nine months ended September 30, 2021. Federal Tax Legislation In 2018, the ACC approved TEP’s proposal to return savings from TEP’s federal corporate income tax rate under the TCJA to its customers through a combination of customer bill credits and a regulatory liability deferral that reflected the return of a portion of the savings. TEP recognized a reduction in Operating Revenues on the Condensed Consolidated Statements of Income of $15 million and $31 million in the three and nine months ended September 30, 2020, respectively, related to the ACC approved refunds. As part of the 2020 Rate Order, the balances in the regulatory liability deferral and TCJA balancing account were moved to the TEAM regulatory account in December 2020. Renewable Energy Standard The ACC’s RES requires Arizona-regulated utilities to supply an increasing percentage of their retail sales from renewable generation sources each year. The renewable energy requirement in 2021 is 11% of retail electric sales, which will increase annually until renewable retail sales represent at least 15% by 2025. The RES also requires that DG account for 30% of the renewable energy requirement. Arizona utilities are required to file annual RES implementation plans for review and approval by the ACC. In September 2021, the ACC approved TEP's RES implementation plan for the years 2021 and 2022 with a budget amount of $66 million. The approved amounts fund: (i) above market cost of renewable power purchases; (ii) previously awarded incentives for customer-installed DG; and (iii) various other program costs. Additionally, the ACC directed TEP to collaborate with the ACC to develop and file a proposal by July 1, 2022 to phase out TEP's RES tariff. Energy Efficiency Standards TEP is required to implement cost-effective DSM programs to comply with the ACC’s EE Standards. The EE Standards provide regulated utilities a DSM surcharge to recover from retail customers the costs to implement DSM programs, as well as an annual performance incentive. TEP records its annual DSM performance incentive for the prior calendar year in the first quarter of each year. TEP recorded $2 million in both 2021 and 2020 related to the performance incentive in Operating Revenues on the Condensed Consolidated Statements of Income. In 2019, the ACC approved TEP’s 2018 energy efficiency implementation plan with a budget of $23 million, which is collected through the DSM surcharge, and approved a waiver of the 2018 EE Standards. In addition, the ACC ordered that TEP's 2018 energy efficiency implementation plan be considered as its 2019 and 2020 energy efficiency implementation plans. In June 2021, TEP filed its 2022 energy efficiency implementation plan with a budget of $23 million. Lost Fixed Cost Recovery Mechanism The LFCR mechanism provides for recovery of certain non-fuel costs that would go unrecovered between rate cases due to reduced retail kWh sales as a result of implementing ACC-approved energy efficiency programs and customer-installed DG. The LFCR mechanism is adjusted in each rate case when the ACC approves new base rates. TEP records a regulatory asset and recognizes LFCR revenues when amounts are verifiable regardless of when the lost retail kWh sales occurred. TEP is required to make an annual filing with the ACC requesting recovery of LFCR revenues recognized in the prior year. The recovery is subject to a year-over-year increase cap of 2% of TEP's applicable retail revenues. The table below summarizes the LFCR revenues recognized in Operating Revenues on the Condensed Consolidated Statements of Income: Three Months Ended September 30, Nine Months Ended September 30, (in millions) 2021 2020 2021 2020 LFCR Revenues (1) $ 6 $ 12 $ 15 $ 34 (1) Decrease in LFCR revenues is primarily due to a rate adjustment as approved in the 2020 Rate Order. REGULATORY ASSETS AND LIABILITIES Regulatory assets and liabilities recorded in the balance sheet are summarized in the table below: ($ in millions) Remaining Recovery Period September 30, 2021 December 31, 2020 Regulatory Assets Pension and Other Postretirement Benefits Various $ 160 $ 166 Under Recovered Purchased Energy Costs 1 72 23 Lost Fixed Cost Recovery 2 41 59 Derivatives (Note 9) 8 39 55 Early Generation Retirement Costs Various 39 43 Property Tax Deferrals (1) 1 26 26 Final Mine Reclamation and Retiree Healthcare Costs (2) 7 21 20 Income Taxes Recoverable through Future Rates (3) Various 17 27 Springerville Unit 1 Leasehold Improvements (4) 2 5 7 Other Regulatory Assets Various 15 16 Total Regulatory Assets 435 442 Less Current Portion 1 187 124 Total Non-Current Regulatory Assets $ 248 $ 318 Regulatory Liabilities Income Taxes Payable through Future Rates (3) Various $ 270 $ 298 Net Cost of Removal (5) Various 83 125 Renewable Energy Standard Various 64 63 Derivatives (Note 9) 8 44 4 Transmission Revenue Subject to Refund—FERC Various 24 15 Other Regulatory Liabilities Various 21 7 Tax Reform Bill Credit Various 2 29 Total Regulatory Liabilities 508 541 Less Current Portion 1 168 151 Total Non-Current Regulatory Liabilities $ 340 $ 390 (1) Recorded as a regulatory asset based on historical ratemaking treatment allowing regulated utilities recovery of property taxes on a pay-as-you-go or cash basis. TEP records a liability to reflect the accrual for financial reporting purposes and an offsetting regulatory asset to reflect recovery for regulatory purposes. This asset is fully recovered in rates with a recovery period of approximately six months. (2) Represents costs associated with TEP’s jointly-owned facilities at San Juan and Four Corners. TEP recognizes these costs at future value and is permitted to fully recover these costs on a pay-as-you-go basis through the PPFAC mechanism. Final mine reclamation costs are expected to be funded by TEP through 2028. (3) Amortized over five years, 10 years, or the lives of the assets. (4) Represents investments TEP made, which were previously recorded in Plant in Service on the Condensed Consolidated Balance Sheets, to ensure that the facilities continued to provide safe, reliable service to TEP's customers. TEP received ACC authorization to recover leasehold improvement costs at Springerville Unit 1 over a 10-year period. (5) Represents an estimate of the future cost of retirement, net of salvage value. These are amounts collected through revenue for transmission, distribution, generation, and general and intangible plant which are not yet expended. As a result of the 2020 Rate Order, TEP transferred costs from Net Cost of Removal to Accumulated Depreciation and Amortization. See Note 1 for additional information related to new depreciation rates approved as part of the 2020 Rate Order. Regulatory assets are either being collected or are expected to be collected through Retail Rates. With the exception of Early Generation Retirement Costs, Income Taxes Recoverable through Future Rates, and Springerville Unit 1 Leasehold Improvements, TEP does not earn a return on regulatory assets. Regulatory liabilities represent items that TEP either expects to pay to customers through billing reductions in future periods or plans to use for the purpose for which they were collected from customers. TEP pays a return on the majority of its regulatory liability balances. PLANT IN SERVICE In 2019, TEP entered into a BTA to develop Oso Grande. In May 2021, Oso Grande was placed in service, adding 250 MW of wind-powered electric generation, increasing TEP's total renewable nominal generation capacity, including PPAs and owned utility-scale generation, to over 600 MW. As of September 30, 2021, there was $442 million in costs related to Oso Grande in Plant in Service on the Condensed Consolidated Balance Sheets. |