RECENT DEVELOPMENTS
New Source Review Settlement
On March 18, 2005 a settlement was reached with the EPA, the U.S. Department of Justice, and the states of Connecticut, New Jersey, and New York that will result in significant reductions of sulfur dioxide (SO2) and nitrogen oxides (NOx) from current levels at FirstEnergy's generating plants. The agreement, upon final approval by the U.S. District Court, Southern District of Ohio, will resolve all issues related to various parties' actions against the company's W. H. Sammis Plant in the pending New Source Review case.
Under the agreement, FirstEnergy will install environmental controls on all 7 units of the Sammis Plant, upgrade the existing scrubber systems at its Bruce Mansfield Plant, and achieve additional reductions at other power plants. Although the precise level and timing of capital expenditures required cannot yet be predicted, FirstEnergy's estimate is $1.1 billion over the 2005-2011 period, with 75% of the expenditures occurring between 2008-2011. Additionally, FirstEnergy will pay an $8.5 million civil penalty to the Department of Justice and contribute up to $25 million over five years to support environmentally beneficial projects.
Nuclear Regulatory Commission Fine
On April 21, FirstEnergy Nuclear Operating Company (FENOC) received a notice of violation from the Nuclear Regulatory Commission (NRC) and a proposed $5.45 million fine related to the corrosion issue at the Davis-Besse Nuclear Power Plant. The NRC said in a letter to FENOC that this action does not reflect the current performance of Davis-Besse and no further civil enforcement action is expected, absent any new information from the Department of Justice.
Planned Nuclear Outages
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.
As of April 27, Beaver Valley Unit 2 is finishing up its 11th refueling outage and in the process of reactor start-up. Major work activities included replacing 61 of 157 fuel assemblies, conducting a thorough inspection of the reactor vessel head and under-vessel area with no issues identified, and implementing other modifications and improvements. The unit operated safely and reliably for a record 537 consecutive days at a 100% availability factor since the plant was last refueled in the fall of 2003.
The Perry Plant is currently in process of completing its 10th refueling outage and we expect the Unit will commence restart within the next several days. During the outage, 288 of the reactor's 748 fuel rod assemblies were replaced. The scope and duration of the outage were expanded to address additional equipment repairs to the main electrical generator and emergency service water pumps, as well as to implement several improvements including: digital controls for the feedwater system, rebuilding various pumps and valves with upgraded materials, and implementing numerous enhancements to improve fuel reliability.
Sale of Non-Core Assets
During the first quarter, the Company divested several non-core assets including its remaining natural gas business, Elliot-Lewis and Spectrum (Facilities Services Group subsidiaries), Power Piping (an MYR subsidiary), and 51% of its ownership interest in First Communications. These divestitures are consistent with FirstEnergy's strategy to focus on its core electric business.
Regulatory Filings Update
On March 2, FERC approved FirstEnergy's request, on behalf of American Transmission System Inc., to defer an estimated $54 million of extraordinary vegetation management project costs expected to be incurred over the 2004-2007 period. In 2005, the expenditures are estimated at $19 million, the deferral of which is already reflected in the 2005 earnings guidance.
Record Generation Output
During the first quarter, FirstEnergy set a new generation output record of 18.5 million megawatt-hours, a 1.1% increase over the prior record of 18.3 million megawatt-hours established during the first quarter 2004. The output record was attributable to a 0.9 million megawatt-hour or 7.8% increase in fossil generation.
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, the continued ability of our regulated utilities to collect transition and other charges, maintenance costs being higher than anticipated, legislative and regulatory changes (including revised environmental requirements), the receipt of approval from and entry of a final order by the U.S. District Court, Southern District of Ohio on the pending settlement agreement resolving the New Source Review litigation and the uncertainty of the timing and amounts of the capital expenditures (including that such amounts could be higher than anticipated) or levels of emission reductions related to this settlement, adverse regulatory or legal decisions and outcomes (including revocation of necessary licenses or operating permits, fines or other enforcement actions and remedies) of governmental investigations and oversight, 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 and heightened scrutiny at the Perry Nuclear Power Plant 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.