Other | 5. Wildcat Point Generation Facility On April 17, 2018, Wildcat Point, an approximate 1,000 MW natural gas-fueled combined cycle generation facility, achieved commercial operation and was available for dispatch by PJM. The facility originally was scheduled to become operational in mid-2017. WOPC, a joint venture between PCL Industrial Construction Company and Sargent & Lundy, L.L.C., as the EPC contractor, claims the delay was associated with the incurrence of additional work and other matters, including alleged misrepresentation in the EPC contract, for which it will seek recovery, in whole or in part, from its subcontractors and us. On May 24, 2017, WOPC filed a complaint against Alstom and us, in the United States District Court for the District of Maryland. An amended complaint was filed on July 21, 2017. On August 21, 2017, motions were filed by Alstom and us to transfer venue from the United States District Court for the District of Maryland to the United States District Court for the Eastern District of Virginia, and on November 7, 2017, these motions were granted. We have reviewed the asserted claims of WOPC against us and believe they are without merit. We have not recorded any liability related to these claims as we do not believe any liability is estimable or probable. We intend to vigorously defend against these claims. Additionally, on September 29, 2017, we filed a complaint in the United States District Court for the Eastern District of Virginia against WOPC, alleging that WOPC breached the EPC contract. On November 16, 2017, the United States District Court for the Eastern District of Virginia ordered that the WOPC complaint against Alstom and us, our complaint against WOPC, and a separate complaint filed by WOPC against Mitsubishi on May 9, 2017, be consolidated into one case. On June 27, 2018, an order was issued establishing January 9, 2019 as the date to check the status of discovery, set summary judgement deadlines, and set a trial date. If it is ultimately determined that we owe any such amounts to WOPC, the amounts are not expected to have a material impact on our financial position or results of operations due to our ability to collect such amounts through rates to our member distribution cooperatives. Through September 30, 2018, we capitalized construction costs related to Wildcat Point totaling $842.4 million, which includes $88.4 million of capitalized interest and is offset by $53.2 million of liquidated damages. FERC Proceeding Related to Formula Rate On September 30, 2013, we filed with FERC to revise our cost-based formula rate in order to more closely align our cost recovery from our member distribution cooperatives with the methodologies used by PJM to allocate costs to us. On November 8, 2013, Bear Island, a customer of REC, filed a motion to intervene, protest, and request for hearing. On December 2, 2013, FERC issued its order accepting the proposed revisions for filing to become effective January 1, 2014, subject to refund, and establishing hearing and settlement procedures. On April 13, 2015, we received an initial decision from the hearing judge. On January 19, 2017, FERC issued its order on the hearing judge's initial decision. On February 21, 2017, we submitted our compliance filing, revising the formula rate as we previously suggested and FERC directed in the January 19, 2017 order. Additionally, on February 21, 2017, Bear Island filed a request for rehearing. On March 22, 2017, FERC issued an order granting rehearing of its initial order for the limited purpose of FERC's further consideration of the matter. On March 22, 2018, FERC issued an order denying Bear Island's request for rehearing and accepted our February 21, 2017 compliance filing that revised the formula rate as directed by FERC's January 19, 2017 order. We filed a refund report with FERC on April 23, 2018, that calculated the difference between rates charged under our rate schedule since January 1, 2014, and rates that would have been charged under the revised rate schedule submitted in our February 21, 2017 compliance filing. On July 24, 2018, FERC accepted the refund report, which resulted in a reallocation of costs among our member distribution cooperatives and did not result in any change to our total operating revenues. 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. Commitments under this syndicated credit agreement extend until March 3, 2023. Available funding under this facility totals $500 million through March 3, 2022, and $400 million from March 4, 2022 through March 3, 2023. As of September 30, 2018, we had no borrowings outstanding under this facility Limited Exception under Wholesale Power Contracts We have a wholesale power contract with each of our member distribution cooperatives. Each contract obligates us to sell and deliver to the member distribution cooperative, and obligates the member distribution cooperative to purchase and receive from us, all power that it requires for the operation of its system, with limited exceptions. One of the limited exceptions permits each of our member distribution cooperatives, with 180 days prior written notice, to receive up to the greater of 5% of its demand and associated energy or 5 MW and associated energy from its owned generation or from other suppliers. If all of our member distribution cooperatives elected to utilize the 5% or 5 MW exception, we estimate the current impact would be a reduction of approximately 175 MW of demand and associated energy. As of May 1, 2018, there are approximately 66 MW remaining that can be utilized under this exception. The following table summarizes the cumulative removal of load requirements under this exception since January 1, 2016. Date MW January 1, 2016 9 May 1, 2016 60 June 1, 2017 65 May 1, 2018 109 We do not anticipate that either the current or potential full utilization of this exception by our member distribution cooperatives will have a material impact on our financial condition, results of operations, or cash flows. Cash and Cash Equivalents The following table provides a reconciliation of cash and cash equivalents and restricted cash and cash equivalents reported within the Condensed Consolidated Balance Sheet that sum to the total of the same amounts shown in the Condensed Consolidated Statement of Cash Flows: As of September 30, 2018 2017 (in thousands) Cash and cash equivalents $ 71,447 $ 40,160 Restricted cash and cash equivalents 14,200 — $ 85,647 $ 40,160 Restricted cash and cash equivalents relates to funds held in escrow for payments to Mitsubishi for Wildcat Point. Sale of Rock Springs Combustion Turbine Facility On September 14, 2018, we sold our interest in Rock Springs and related assets to EPRS for $115 million. Prior to the sale, w e and EPRS had each individually owned two natural gas-fired combustion turbine units and a 50% undivided interest in related common facilities at Rock Springs. The transaction resulted in a gain of $42.7 million, which our board of directors approved to defer as a regulatory liability to be amortized over future periods. |