Other | 5. Other Revolving Credit Facility We maintain a revolving credit facility to cover our short-term and medium-term funding needs that are not met by cash from operations or other available funds. Available funding under this facility totals $ 400 million and commitments under this syndicated credit agreement extend through December 7, 2028. As of September 30, 2024 and December 31, 2023 , we had outstanding under this facility $ 55.0 million and $ 191.0 million in borrowings, respectively. Revenue Recognition Our operating revenues are derived from sales of power and renewable energy credits to our member distribution cooperatives and non-members. We supply power requirements (energy and demand) to our eleven member distribution cooperatives subject to substantially identical wholesale power contracts with each of them. We bill our member distribution cooperatives monthly and each member distribution cooperative is required to pay us monthly for power furnished under its wholesale power contract. We transfer control of the electricity over time and our member distribution cooperatives simultaneously receive and consume the benefits of the electricity. The amount we invoice our member distribution cooperatives on a monthly basis corresponds directly to the value to the member distribution cooperatives of our performance, which is determined by our formula rate included in the wholesale power contract. We sell excess energy and renewable energy credits to non-members at prevailing market prices as control is transferred. ODEC sells excess purchased and generated energy not needed to meet the actual needs of our member distribution cooperatives to PJM, TEC, or other counterparties. Our financial statements represent the consolidated financial statements of ODEC and TEC and through the consolidation process, all intercompany balances and transactions have been eliminated and TEC’s sales are reflected as non-member revenues. The rates we charge our member distribution cooperatives are regulated by FERC and FERC has granted us authority to charge our member distribution cooperatives utilizing a formula rate and market-based rates. Our operating revenues for the three and nine months ended September 30, 2024 and 2023, were as follows: Three Months Nine Months 2024 2023 2024 2023 (in thousands) Operating revenues: Member distribution cooperatives: Formula rate: Energy revenues $ 139,466 $ 155,828 $ 406,442 $ 437,988 Renewable energy credits 335 96 536 269 Demand revenues 125,827 110,922 365,818 323,566 Total Formula rate revenues 265,628 266,846 772,796 761,823 Market-based rates: Energy revenues 11,896 5,006 29,151 12,881 Demand revenues 2,143 750 6,117 1,850 Total Market-based rates revenues 14,039 5,756 35,268 14,731 Total Member distribution cooperatives revenues 279,667 272,602 808,064 776,554 Non-members: Energy revenues (1) 3,499 2,764 7,706 26,216 Renewable energy credits 22,613 19,195 24,104 21,844 Total Non-members revenues 26,112 21,959 31,810 48,060 Total Operating revenues $ 305,779 $ 294,561 $ 839,874 $ 824,614 (1) TEC did no t have sales to non-members after first quarter 2023. TEC’s sales to non-members were $ 8.9 million for the nine months ended September 30, 2023. Recent EPA Developments In May 2023, the EPA proposed performance standards for both new and existing generating units for reducing carbon dioxide emissions. The proposed standards included emissions guidelines that would set limits for new gas-fired combustion turbines, existing coal, oil, and gas-fired steam generating units, and certain existing gas-fired combustion turbines. On May 9, 2024, the final rule, which contains requirements to either retrofit existing coal units with carbon controls or retire the asset, was published in the Federal Register and became effective July 8, 2024. Also beginning on May 9, 2024, multiple lawsuits were filed against the EPA to seek judicial review of the final regulation and multiple petitions were filed seeking to stay implementation of the rule. On July 19, 2024, the United States Court of Appeals for the District of Columbia Circuit denied requests to stay the rule. On July 23, 2024, multiple entities filed an emergency stay application with the United States Supreme Court and on October 16, 2024, the United States Supreme Court denied the requests to stay the rule. The litigation continues in the United States Court of Appeals for the District of Columbia Circuit and is proceeding on an expedited schedule. We are continuing to monitor this standard as it relates to our generating facilities, particularly Clover. We will be able to determine our compliance strategies after state implementation plans have been developed related to the rule. Based on the uncertainties associated with the state implementation plans, we cannot yet determine whether the final rule will have a material adverse effect on our results of operations, financial condition, or cash flows in future periods. Further, there is no material impact on our results of operations, financial condition, or cash flows for the period ending September 30, 2024. |