RECENT DEVELOPMENTS
Common Stock Dividend Increase
On November 30, FirstEnergy Corp.'s Board of Directors declared a quarterly dividend of 41.25 cents per share of outstanding common stock, a 10 percent increase over the previous quarterly rate of 37.5 cents per share, payable March 1, 2005. With the increase, the new indicated annual dividend will be $1.65 per share. Additionally, the Board adopted a dividend policy that will target sustainable annual dividend increases after 2005 that generally reflect an annual growth rate of 4% to 5%, and an earnings payout ratio generally within the range of 50% to 60%. The Board will continue to review FirstEnergy's dividend policy regularly.
Record Generation Output
In 2004, FirstEnergy set a new generation output record of 76.4 million megawatt-hours in spite of Davis-Besse being out of service for the first three months of the year. The 6% increase in output, compared to the previous record of 72.1 million megawatt-hours established in 2002, was attributable to higher nuclear generation, which set a record of 29.9 million-megawatt hours and continued strong performance from our baseload fossil plants.
Nuclear Update
On November 14, Beaver Valley Unit 1 completed its 16th refueling outage. The refueling outage lasted 28 days and was the Unit's shortest ever.
On February 1, the Perry Plant returned to service following a 26-day forced outage that was initiated by a downshift to slow speed of the reactor recirculation system and a subsequent trip of one of the pumps. In addition to resolution of the intermittent electrical problem that caused the outage, minor modifications were made to resolve a circuit breaker problem in a motor driven feed pump and to install heat shields and insulation to the emergency diesel generation exhaust system.
On February 9, Davis-Besse returned to service following the completion of its mid-cycle outage. During the outage, plant personnel completed inspections of the reactor vessel head and under vessel area. The inspections showed no indications of leakage. The inspections of the reactor coolant pumps indicated both will support safe, reliable operations into the Spring 2006 refueling, when they will be refurbished. Minor repair work was completed on steam generator tubes.
The Perry Plant refueling outage is scheduled to commence later this month, while Beaver Valley Unit 2's refueling outage is scheduled to begin in early April.
Competitive Bid Process
On December 8, National Economic Research Associates conducted the retail load auction for FirstEnergy's Ohio operating companies. On December 9, The Public Utilities Commission of Ohio (PUCO) rejected the final auction price for FirstEnergy’s operating companies retail load. The Commission found that the clearing price of 5.45 cents per kilowatt-hour was inadequate in comparison to the price available through FirstEnergy’s rate stabilization plan. As a result, subject to appeal, the modified rate stabilization plan approved for FirstEnergy will be implemented on January 1, 2006.
Update on Labor Negotiations
On December 8, Jersey Central Power & Light (JCP&L) implemented its work continuation plan in response to a strike of approximately 1,350 employees (approximately 850 field employees and 500 office staff) represented by International Brotherhood of Electrical Workers System Council U-3. The strike is the first since 1987 for JCP&L. Key issues involved employee wages, benefits and work rules, especially those related to adequate employee response to meet customers' service needs. Non-represented employees from JCP&L are performing service reliability and priority maintenance work, with assistance from operating companies in Ohio and Pennsylvania, while the union is on strike. Settlement discussions between JCP&L and the union are ongoing.
On January 31, the International Brotherhood of Electrical Workers Local 245, representing 550 employees, ratified a three-year contract agreement with Toledo Edison, FirstEnergy Nuclear Operating Company, and FirstEnergy Generation Corp. On February 4, the International Brotherhood of Electrical Workers Local 272, representing approximately 350 Bruce Mansfield employees, ratified a three-year contract with FirstEnergy Generation Corp. Both agreements reflect an average annual three-percent wage increase.
Governmental Investigations and Legal Proceedings
On December 10, 2004, FirstEnergy received a letter from the US Attorney's Office stating that FENOC is a target of the federal grand jury investigation into alleged false statements relating to the Davis-Besse outage made to the NRC in the Fall of 2001 in response to NRC Bulletin 2001-01. The letter also said that the designation of FENOC as a target indicates that, in the view of the prosecutors assigned to the matter, it is likely that federal charges will be returned against FENOC by the grand jury. FirstEnergy is unable to predict the outcome of this investigation.
FirstEnergy previously reported on the formal investigation by the SEC’s Division of Enforcement relating to the August 2003 restatements of previously reported results by FirstEnergy and certain of its Ohio utility subsidiaries, the Davis-Besse extended outage and issues raised during the SEC's examination of FirstEnergy and its subsidiaries under the Public Utility Holding Company Act of 1935 (PUHCA). On December 30, 2004, FirstEnergy received a second subpoena asking for documents relating to issues raised during the PUHCA examination. FirstEnergy has cooperated fully with these investigations and will continue to do so.
If it were ultimately determined that FirstEnergy or its subsidiaries have legal liability or are otherwise made subject to liability based on any of the above matters, it could have a material adverse effect on FirstEnergy's or its subsidiaries' financial condition and results of operations.
Forward-Looking Statements: This discussion includes forward-looking statements based on information currently available to management. Such statements are subject to certain risks and uncertainties. These statements typically contain, but are not limited to, the terms "anticipate," "potential," "expect," "believe," "estimate" and similar words. Actual results may differ materially due to the speed and nature of increased competition and deregulation in the electric utility industry, economic or weather conditions affecting future sales and margins, changes in markets for energy services, changing energy and commodity market prices, replacement power costs being higher than anticipated or inadequately hedged, maintenance costs being higher than anticipated, legislative and regulatory changes (including revised environmental requirements), adverse regulatory or legal decisions and outcomes (including revocation of necessary licenses or operating permits, fines or other enforcement actions and remedies) of government investigations, including by the Securities and Exchange Commission, the United States Attorney's Office and the Nuclear Regulatory Commission as disclosed in our Securities and Exchange Commission filings, generally, and with respect to the Davis-Besse Nuclear Power Station outage in particular, the availability and cost of capital, the continuing availability and operation of generating units, our inability to accomplish or realize anticipated benefits from strategic goals, our ability to improve electric commodity margins and to experience growth in the distribution business, our ability to access the public securities and other capital markets, further investigation into the causes of the August 14, 2003 regional power outage and the outcome, cost and other effects of present and potential legal and administrative proceedings and claims related to the outage, the final outcome in the proceeding related to FirstEnergy's Application for a Rate Stabilization Plan in Ohio, the risks and other factors discussed from time to time in our Securities and Exchange Commission filings, and other similar factors. We expressly disclaim any current intention to update any forward-looking statements contained herein as a result of new information, future events, or otherwise.