Equity Method Investments | Equity Method Investments Tinuum Group, LLC The Company's ownership interest in Tinuum Group was 42.5% as of September 30, 2020 and December 31, 2019. Tinuum Group supplies technology equipment and technical services at select coal-fired generators, but its primary purpose is to put into operation facilities that produce and sell RC that lower emissions and also qualify for Section 45 tax credits. Tinuum Group has been determined to be a VIE; however, the Company does not have the power to direct the activities that most significantly impact Tinuum Group's economic performance and has therefore accounted for the investment under the equity method of accounting. The Company determined that the voting partners of Tinuum Group have identical voting rights, equity control interests and board control interests, and therefore, concluded that the power to direct the activities that most significantly impact Tinuum Group's economic performance was shared. The following table summarizes the results of operations of Tinuum Group: Three Months Ended September 30, Nine Months Ended September 30, (in thousands) 2020 2019 2020 2019 Gross profit $ 101 $ 16,810 $ 11,979 $ 96,189 Operating, selling, general and administrative expenses 13,781 11,076 38,476 23,421 (Loss) income from operations (13,680) 5,734 (26,497) 72,768 Other income (expenses) 5,739 (450) 11,526 (427) Loss attributable to noncontrolling interest 25,023 22,355 63,117 51,022 Net income available to members $ 17,082 $ 27,639 $ 48,146 $ 123,363 ADES equity earnings from Tinuum Group $ 7,260 $ 11,746 $ 20,462 $ 50,757 For the three and nine months ended September 30, 2020 and the three months ended September 30, 2019, the Company recognized its pro-rata share of Tinuum Group's net income available to its members for the respective period. For the nine months ended September 30, 2019, the Company recognized its pro-rata share of Tinuum Group's net income available to its members for the period, less the amount necessary to recover the cumulative earnings short-fall balance as of the end of the immediately preceding period, which was December 31, 2018. For the nine months ended September 30, 2019, the difference between the Company's proportionate share of Tinuum Group's net income available to members (at its equity interest of 42.5%) and the Company's earnings from its Tinuum Group equity method investment as reported in the Condensed Consolidated Statements of Operations relates to the Company receiving distributions in excess of the carrying value of the equity investment, and therefore recognizing such excess distributions as equity method earnings in the period the distributions occur. For the three and nine months ended September 30, 2020, the Company recognized equity earnings from Tinuum Group of $7.3 million and $20.5 million, respectively. For the three and nine months ended September 30, 2019, the Company recognized equity earnings from Tinuum Group of $11.7 million and $50.8 million, respectively. The following tables present the Company's investment balance, equity earnings and cash distributions in excess of the investment balance, if any, for the three and nine months ended September 30, 2020 and 2019 ( in thousands ): Description Date(s) Investment balance ADES equity earnings Cash distributions Memorandum Account: Cash distributions and equity earnings in (excess) of investment balance Beginning balance 12/31/2019 $ 32,280 $ — $ — $ — ADES proportionate share of income from Tinuum Group First Quarter 6,438 6,438 — — Cash distributions from Tinuum Group First Quarter (13,764) — 13,764 — Total investment balance, equity earnings and cash distributions 3/31/2020 $ 24,954 $ 6,438 $ 13,764 $ — ADES proportionate share of income from Tinuum Group Second Quarter $ 6,764 $ 6,764 $ — $ — Cash distributions from Tinuum Group Second Quarter (13,600) — 13,600 — Total investment balance, equity earnings and cash distributions 6/30/2020 $ 18,118 $ 6,764 $ 13,600 $ — ADES proportionate share of income from Tinuum Group Third Quarter $ 7,260 $ 7,260 $ — $ — Cash distributions from Tinuum Group Third Quarter (7,862) — 7,862 — Total investment balance, equity earnings and cash distributions 9/30/2020 $ 17,516 $ 7,260 $ 7,862 $ — Description Date(s) Investment balance ADES equity earnings (loss) Cash distributions Memorandum Account: Cash distributions and equity earnings in (excess) of investment balance Beginning balance 12/31/2018 $ — $ — $ — $ (1,672) Impact of adoption of accounting standards (1) First Quarter 37,232 — — — ADES proportionate share of income from Tinuum Group First Quarter 21,439 21,439 — — Recovery of prior cash distributions in excess of investment balance (prior to cash distributions) First Quarter (1,672) (1,672) — 1,672 Cash distributions from Tinuum Group First Quarter (16,788) — 16,788 — Total investment balance, equity earnings and cash distributions 3/31/2019 $ 40,211 $ 19,767 $ 16,788 $ — ADES proportionate share of income from Tinuum Group Second Quarter $ 19,244 $ 19,244 $ — $ — Cash distributions from Tinuum Group Second Quarter (17,000) — 17,000 — Total investment balance, equity earnings and cash distributions 6/30/2019 $ 42,455 $ 19,244 $ 17,000 $ — ADES proportionate share of income from Tinuum Group Third Quarter $ 11,746 $ 11,746 $ — $ — Cash distributions from Tinuum Group Third Quarter (16,468) — 16,468 — Total investment balance, equity earnings and cash distributions 9/30/2019 $ 37,733 $ 11,746 $ 16,468 $ — (1) Tinuum Group adopted Accounting Standards Codification Topic ("ASC") 606 - Revenue from Contracts with Customers and ASC 842 - Leases as of January 1, 2019. As a result of Tinuum Group’s adoption of these standards, the Company recorded a cumulative adjustment of $27.4 million, net of the impact of income taxes, related to the Company's percentage of Tinuum Group's cumulative effect adjustment, which increased the Company's Retained earnings as of January 1, 2019. Tinuum Services, LLC The Company has a 50% voting and economic interest in Tinuum Services. The Company has determined that Tinuum Services is not a VIE and has further evaluated it for consolidation under the voting interest model. Because the Company does not own greater than 50% of the outstanding voting shares, either directly or indirectly, it has accounted for its investment in Tinuum Services under the equity method of accounting. The Company’s investment in Tinuum Services as of September 30, 2020 and December 31, 2019 was $5.3 million and $6.8 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) 2020 2019 2020 2019 Gross loss $ (22,764) $ (27,834) $ (65,441) $ (77,761) Operating, selling, general and administrative expenses 42,435 51,927 131,703 151,789 Loss from operations (65,199) (79,761) (197,144) (229,550) Other income (expenses) (363) (460) (978) (1,018) Loss attributable to noncontrolling interest 70,075 85,586 209,118 243,163 Net income $ 4,513 $ 5,365 $ 10,996 $ 12,595 ADES equity earnings from Tinuum Services $ 2,257 $ 2,682 $ 5,498 $ 6,297 Included in the Consolidated Statements of Operations of Tinuum Services for the three and nine months ended September 30, 2020 and 2019, 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 attributable to a noncontrolling interest and eliminated in the calculations of Tinuum Services' net income attributable to the Company's interest. The following table details the components of the Company's respective equity method investments included in the Earnings 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) 2020 2019 2020 2019 Earnings from Tinuum Group $ 7,260 $ 11,746 $ 20,462 $ 50,757 Earnings from Tinuum Services 2,257 2,682 5,498 6,297 Earnings (loss) from other 1 (2) (1) (3) Earnings from equity method investments $ 9,518 $ 14,426 $ 25,959 $ 57,051 The following table details the components of the cash distributions from the Company's respective equity method investments included in the Condensed Consolidated Statements of Cash Flows. Distributions from equity method investees are reported in the Condensed Consolidated Statements of Cash Flows as "Distributions from equity method investees, return on investment" within Operating cash flows. Nine Months Ended September 30, (in thousands) 2020 2019 Distributions from equity method investees, return on investment Tinuum Group $ 35,226 $ 50,256 Tinuum Services 7,002 6,550 $ 42,228 $ 56,806 |