Equity Method Investments | Equity Method Investments Tinuum Group, LLC The Company's ownership interest in Tinuum Group was 42.5% as of September 30, 2016 and December 31, 2015 . Tinuum Group supplies technology equipment and technical services to cyclone-fired, pulverized coal and other boiler users, but Tinuum Group's primary purpose is to put into operation facilities that produce RC that qualify for tax credits available under Section 45 of the IRC ("Section 45 tax credits"). Tinuum Group has been determined to be a variable interest entity ("VIE"); however, the Company does not have the power to direct the activities that most significantly impact the VIE’s economic performance and has therefore accounted for the investment under the equity method of accounting. The Company determined the partners of Tinuum Group with voting rights had identical voting interests, equity control interests and board control interests, and therefore, concluded that the power to direct the activities that most significantly impact the VIE’s economic performance was shared. The following tables summarize the results of operations of Tinuum Group for the three and nine months ended September 30, 2016 and 2015 , respectively: Three Months Ended September 30, Nine Months Ended September 30, (in thousands) 2016 2015 2016 2015 Gross profit $ 22,645 $ 25,035 $ 70,325 $ 80,869 Operating, selling, general and administrative expenses 4,996 5,369 15,464 17,872 Income from operations 17,649 19,666 54,861 62,997 Other expenses (3,583 ) (1,464 ) (7,618 ) (1,794 ) Class B preferred return (905 ) (1,463 ) (3,101 ) (4,825 ) Loss attributable to noncontrolling interest 8,881 3,698 14,788 6,811 Net income available to Class A members $ 22,042 $ 20,437 $ 58,930 $ 63,189 ADES equity earnings $ 9,775 $ — $ 28,050 $ 4,730 The difference between the Company's proportionate share of Tinuum Group's net income and the Company's earnings from its Tinuum Group equity method investment as reported on the Condensed Consolidated Statements of Operations relates to the Company receiving distributions in excess of the carrying value of the investment, and therefore recognizing such excess distributions as equity method earnings in the period the distributions occur, as discussed below. As shown in the tables below, the Company’s carrying value in Tinuum Group had been reduced to zero throughout 2015, as cumulative cash distributions received from Tinuum Group had exceeded the Company's pro-rata share of cumulative earnings in Tinuum Group. The carrying value of the Company's investment in Tinuum Group shall remain zero as long as the cumulative amount of distributions received from Tinuum Group continues to exceed the Company's cumulative pro-rata share of Tinuum Group's income. For quarterly periods during which the ending balance of the Company's investment in Tinuum Group is zero, the Company only recognizes equity income from Tinuum Group to the extent that cash distributions are received from Tinuum Group during the period. For quarterly periods during which the ending balance of the Company's investment is greater than zero (e.g., when the cumulative earnings in Tinuum Group exceeds cumulative cash distributions received), the Company recognizes its pro-rata share of Tinuum Group's earnings (losses) for the period, less any amount necessary to recover the cumulative earnings short-fall balance as of the end of the immediately preceding quarter. During the three and nine months ended September 30, 2016 , the Company's cumulative amount of distributions received from Tinuum Group exceeded the Company's cumulative pro-rata share of Tinuum Group's income. As such, the Company recognized equity earnings from Tinuum Group for the three and nine months ended September 30, 2016 of $9.8 million and $28.1 million , respectively. As of September 30, 2016 , the Company's carrying value in Tinuum Group has been reduced to zero, as cumulative cash distributions received from Tinuum Group have exceeded the Company's pro-rata share of cumulative earnings in Tinuum Group. If Tinuum Group subsequently reports net income, the Company will not record its pro-rata share of such net income until the cumulative share of pro-rata income equals or exceeds the amount of its cumulative income recognized due to the receipt of cash distributions. Until such time, the Company will only report income from Tinuum Group to the extent of cash distributions received during the period. Thus, the amount of equity income or loss reported on the Company's income statement may differ from a mathematical calculation of net income or loss attributable to the equity interest based upon the factor of the equity interest and the net income or loss attributable to equity owners as shown on Tinuum Group’s income statement. Additionally, for periods during which the carrying value of the Company's investment in Tinuum Group is greater than zero, distributions from Tinuum Group are reported on the Condensed Consolidated Statements of Cash Flows as "Distributions from equity method investees, return on investment" within Operating cash flows. For periods during which the carrying value of the Company's investment in Tinuum Group is zero, such cash distributions are reported on the Condensed Consolidated Statements of Cash Flows as "Distributions from equity method investees in excess of investment basis" within Investing cash flows. The following table presents the Company's investment balance, equity earnings and cash distributions in excess of the investment balance, on a quarterly basis, for the three and nine months ended September 30, 2016 ( in thousands ): Description Date(s) Investment balance ADES equity earnings (loss) Cash distributions Memorandum Account: Cash distributions and equity loss in (excess) of investment balance Beginning balance 12/31/15 $ — $ — $ — $ (3,263 ) ADES proportionate share of income from Tinuum Group (1) First Quarter 8,706 8,706 — — Recovery of prior cash distributions in excess of investment balance (prior to cash distributions) First Quarter (3,263 ) (3,263 ) — 3,263 Cash distributions from Tinuum Group First Quarter (3,400 ) — 3,400 — Total investment balance, equity earnings (loss) and cash distributions 3/31/2016 2,043 5,443 3,400 — ADES proportionate share of income from Tinuum Group (1) Second Quarter 6,758 6,758 — — Cash distributions from Tinuum Group Second Quarter (14,875 ) — 14,875 — Adjustment for current year cash distributions in excess of investment balance Second Quarter 6,074 6,074 — (6,074 ) Total investment balance, equity earnings (loss) and cash distributions 6/30/2016 — 12,832 14,875 (6,074 ) ADES proportionate share of income from Tinuum Group (1) Third Quarter 9,300 9,300 — — Recovery of prior cash distributions in excess of investment balance (prior to cash distributions) Third Quarter (6,074 ) (6,074 ) — 6,074 Cash distributions from Tinuum Group Third Quarter (9,775 ) — 9,775 — Adjustment for current year cash distributions in excess of investment balance Third Quarter 6,549 6,549 — (6,549 ) Total investment balance, equity earnings (loss) and cash distributions 9/30/2016 — 9,775 9,775 (6,549 ) The following table presents the Company's investment balance, equity earnings and cash distributions in excess of the investment balance, on a quarterly basis, for the three and nine months ended September 30, 2015 ( in thousands ): Description Date(s) Investment balance ADES equity earnings (loss) Cash distributions Memorandum Account: Cash distributions and equity loss in (excess) of investment balance Beginning balance 12/31/2014 $ — $ — $ — $ (29,877 ) ADES proportionate share of income from Tinuum Group (1) First Quarter 9,827 9,827 — — Recovery of cumulative distributions and equity losses in excess of investment balance First Quarter (9,827 ) (9,827 ) — 9,827 Cash distributions from Tinuum Group First Quarter (100 ) — 100 — Adjustment for current year cash distributions in excess of investment balance First Quarter 100 100 — (100 ) Total investment balance, equity earnings (loss) and cash distributions 3/31/2015 — 100 100 (20,150 ) ADES proportionate share of income from Tinuum Group (1) Second Quarter 7,825 7,825 — — Recovery of cumulative distributions and equity losses in excess of investment balance Second Quarter (7,825 ) (7,825 ) — 7,825 Cash distributions from Tinuum Group Second Quarter (4,630 ) — 4,630 — Adjustment for current year cash distributions in excess of investment balance Second Quarter 4,630 4,630 — (4,630 ) Total investment balance, equity earnings (loss) and cash distributions 6/30/2015 — 4,630 4,630 (16,955 ) ADES proportionate share of income from Tinuum Group (1) Third Quarter 8,127 8,127 — — Recovery of cumulative distributions and equity losses in excess of investment balance Third Quarter (8,127 ) (8,127 ) — 8,127 Cash distributions from Tinuum Group Third Quarter — — — — Adjustment for current year cash distributions in excess of investment balance Third Quarter — — — — Total investment balance, equity earnings (loss) and cash distributions 9/30/2015 — — — (8,828 ) (1) The amounts of the Company's 42.5% proportionate share of net income as shown in the table above differ from mathematical calculations of the Company’s 42.5% equity interest in Tinuum Group multiplied by the amounts of Net Income available to Class A members as shown in the table above of Tinuum Group results of operations due to adjustments related to the Redeemable Class B preferred return and the elimination of Tinuum Group earnings attributable to RCM6, of which the Company owned 24.95% during the periods presented through March 6, 2016. As noted below, the Company sold its interest in RCM6 on March 3, 2016. Tinuum Services, LLC On January 20, 2010, the Company, together with NexGen Refined Coal, Inc. ("NexGen"), formed Tinuum Services, a Colorado limited liability company, for the purpose of operating the RC facilities leased or sold to third parties. The Company has determined that Tinuum Services is not a VIE and has evaluated the consolidation analysis under the Voting Interest Model. The Company has a 50% voting and economic interest in Tinuum Services, which is equivalent to the voting and economic interest of NexGen. Therefore, as the Company does not own greater than 50% of the outstanding voting shares, either directly or indirectly, it has accounted for the investment under the equity method of accounting. The Company’s investment in Tinuum Services as of September 30, 2016 and December 31, 2015 was $3.1 million and $4.0 million , respectively. The following table summarizes the results of operations of Tinuum Services: Three Months Ended September 30, Nine Months Ended September 30, (in thousands) 2016 2015 2016 2015 Gross loss $ (15,848 ) $ (11,616 ) $ (42,946 ) $ (31,511 ) Operating, selling, general and administrative expenses 34,278 41,322 101,687 120,269 Loss from operations (50,126 ) (52,938 ) (144,633 ) (151,780 ) Other income (expense) 27 (7 ) (13 ) (86 ) Loss attributable to noncontrolling interest 52,019 55,661 149,792 158,926 Net income $ 1,920 $ 2,716 $ 5,146 $ 7,060 ADES equity earnings $ 960 $ 1,358 $ 2,573 $ 3,530 Included within the Consolidated Statements of Operations of Tinuum Services for the three and nine months ended September 30, 2016 and 2015 , respectively, were losses related to VIE's of Tinuum Services. These losses do not impact the Company's equity earnings from Tinuum Services as 100% of those losses are removed from the net income of Tinuum Services as they are losses attributable to a noncontrolling interest. RCM6, LLC On February 10, 2014, the Company purchased a 24.95% membership interest in RCM6, which owned a single RC facility that produced RC that qualified for Section 45 tax credits, from Tinuum Group through a combination of an up-front payment and note payable to Tinuum Group. Due to the payment terms of the note purchase agreement, the note payable was periodically negatively amortizing. The balance of the note payable as of December 31, 2015 was $14.2 million . In addition to the up-front and subsequent note payments, the Company was also subject to quarterly capital calls and variable payments based upon differences in originally forecasted RC production as of the purchase date and actual quarterly production. The following table presents the capital calls and variable payments made by the Company related to its investment in RCM6 during the three and nine months ended September 30, 2016 and 2015 , respectively: Three Months Ended September 30, Nine Months Ended September 30, (in thousands) 2016 2015 2016 2015 Capital calls and variable payments $ — $ 850 $ 223 $ 1,080 RCM6 was determined to be a VIE, however, during the periods presented, the Company did not have the power to direct the activities that most significantly impacted the VIE's economic performance and therefore accounted for the investment under the equity method of accounting. As of December 31, 2015 , the Company’s ownership in RCM6 was 24.95% . The carrying value of the Company’s investment in RCM6 as of December 31, 2015 was $13.3 million . On March 3, 2016, the Company sold its 24.95% membership interest in RCM6 for a cash payment of $1.8 million and the assumption, by the buyer, of the outstanding note payable made by the Company in connection with its purchase of RCM6 membership interests from Tinuum Group in February 2014. In doing so, the Company recognized a gain on the sale of $2.1 million for the nine months ended September 30, 2016 , which is included within the Gain on sale of equity method investment line item in the Condensed Consolidated Statements of Operations . As a result of the sale of its ownership interest, the Company ceased to be a member of RCM6 and, as such, is no longer subject to any quarterly capital calls and variable payments to RCM6. In addition, the Company has no future obligations related to the previously recorded note payable. However, the Company will still receive its pro-rata share of income and cash distributions through its ownership in Tinuum Group based on the RCM6 RC facility lease payments made to Tinuum Group. Prior to the sale of its ownership interest, the Company recognized equity losses related to its investment in RCM6 of $0.6 million for the three months ended March 31, 2016. The following table summarizes the results of operations of RCM6 for the period from January 1 to March 3, 2016, and the three and nine months ended September 30, 2015 : Three Months Ended September 30, January 1-March 3, Nine Months Ended September 30, (in thousands) 2016 2015 2016 2015 Gross loss $ — $ (2,896 ) $ (555 ) $ (4,876 ) Operating, selling, general and administrative expenses — 590 360 1,567 Loss from operations — (3,486 ) (915 ) (6,443 ) Other expenses — (220 ) (52 ) (382 ) Net loss $ — $ (3,706 ) $ (967 ) $ (6,825 ) ADES equity losses $ — $ (1,399 ) $ (557 ) $ (3,127 ) The following table details the components of the Company's respective equity method investments included within the Earnings (loss) from equity method investments line item on the Condensed Consolidated Statements of Operations : Three Months Ended September 30, Nine Months Ended September 30, (in thousands) 2016 2015 2016 2015 Earnings from Tinuum Group $ 9,775 $ — $ 28,050 $ 4,730 Earnings from Tinuum Services 960 1,358 2,573 3,530 Loss from RCM6 — (1,399 ) (557 ) (3,127 ) Earnings (loss) from equity method investments $ 10,735 $ (41 ) $ 30,066 $ 5,133 The following table details the components of the cash distributions from the Company's respective equity method investments included within the Condensed Consolidated Statements of Cash Flows . Distributions from equity method investees are reported on the Condensed Consolidated Statements of Cash Flows as "return on investment" within Operating cash flows until such time as the carrying value in an equity method investee company is reduced to zero; thereafter, such distributions are reported as "distributions in excess of cumulative earnings" within Investing cash flows. Nine Months Ended September 30, (in thousands) 2016 2015 Distributions from equity method investees, return on investment Tinuum Group $ 3,400 $ — Tinuum Services 3,450 2,519 $ 6,850 $ 2,519 Distributions from equity method investees in excess of investment basis Tinuum Group $ 24,650 $ 4,730 $ 24,650 $ 4,730 |