UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 10-Q
| |
☒ | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period ended March 31, 2022
| |
☐ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from _____ to _____
| | | | I.R.S. Employer |
Commission File Number | | Exact name of registrant as specified in its charter | | Identification Number |
| | | | |
001-3375 | | DOMINION ENERGY SOUTH CAROLINA, INC. | | 57-0248695 |
| | | | |
| | south carolina | | |
| | (State or other jurisdiction of incorporation or organization) | | |
| | | | |
| | 400 OTARRE PARKWAY | | |
| | CAYCE, South Carolina | | 29033 |
| | (Address of principal executive offices) | | (Zip Code) |
| | | | |
| | (803) 217-9000 | | |
| | (Registrants’ telephone number) | | |
Securities registered pursuant to Section 12(b) of the Act:
None
Indicate by check mark whether the registrant: (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes ☒ No ☐
Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit such files). Yes ☒ No ☐
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company, or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “non-accelerated filer,” “smaller reporting company” and "emerging growth company" in Rule 12b-2 of the Exchange Act.
Large accelerated filer | ☐ | | Accelerated filer | ☐ | Emerging growth company | ☐ |
Non-accelerated filer | ☒ | | Smaller reporting company | ☐ | | |
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ☐ No ☒
Indicate the number of shares outstanding of each of the issuer’s classes of common stock, as of the latest practicable date. At April 28, 2022, Dominion Energy South Carolina, Inc. had outstanding 40,296,147 shares of common stock, all of which were held by SCANA Corporation, a wholly-owned subsidiary of Dominion Energy, Inc.
Dominion Energy South Carolina, Inc. meets the conditions set forth in General Instruction H(1)(a) and (b) of Form 10-Q and is filing this Form 10-Q under the reduced disclosure format.
TABLE OF CONTENTS
2
GLOSSARY OF TERMS
The following abbreviations or acronyms used in this Form 10-Q are defined below:
Abbreviation or Acronym | | Definition |
2017 Tax Reform Act | | An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018 (previously known as The Tax Cuts and Jobs Act) enacted on December 22, 2017 |
ACE Rule | | Affordable Clean Energy Rule |
AOCI | | Accumulated other comprehensive income (loss) |
ARO | | Asset retirement obligation |
BACT | | Best available control technology |
CAA | | Clean Air Act |
CCR | | Coal combustion residual |
CEO | | Chief Executive Officer |
CERCLA | | Comprehensive Environmental Response, Compensation and Liability Act of 1980, also known as Superfund |
CFO | | Chief Financial Officer |
CO2 | | Carbon dioxide |
CUA | | Capacity Use Area |
CWA | | Clean Water Act |
DES | | Dominion Energy Services, Inc. |
DESC | | The legal entity, Dominion Energy South Carolina, Inc., one or more of its consolidated entities or operating segment, or the entirety of Dominion Energy South Carolina, Inc. and its consolidated entities |
Dominion Energy | | The legal entity, Dominion Energy, Inc., one or more of its consolidated subsidiaries (other than DESC) or operating segments, or the entirety of Dominion Energy, Inc. and its consolidated subsidiaries |
Dominion Energy South Carolina | | Dominion Energy South Carolina operating segment |
DSM | | Demand-side management |
ELG Rule | | Effluent limitations guidelines for the steam electric power generating category |
EPA | | U.S. Environmental Protection Agency |
FERC | | Federal Energy Regulatory Commission |
Fuel Company | | South Carolina Fuel Company, Inc. |
GAAP | | U.S. generally accepted accounting principles |
GENCO | | South Carolina Generating Company, Inc. |
GHG | | Greenhouse gas |
MD&A | | Management's Discussion and Analysis of Financial Condition and Results of Operations |
MGD | | Million gallons per day |
MWh | | Megawatt hour |
NND Project | | V. C. Summer Units 2 and 3 nuclear development project under which DESC and Santee Cooper undertook to construct two Westinghouse AP1000 Advanced Passive Safety nuclear units in Jenkinsville, South Carolina |
NOx | | Nitrogen oxide |
Order 1000 | | Order issued by FERC adopting requirements for electric transmission planning, cost allocation and development |
PSD | | Prevention of significant deterioration |
Questar Gas | | Questar Gas Company, a wholly-owned subsidiary of Dominion Energy |
Santee Cooper | | South Carolina Public Service Authority |
SCANA | | The legal entity, SCANA Corporation, one or more of its consolidated subsidiaries (other than DESC) or the entirety of SCANA Corporation and its consolidated subsidiaries |
SCANA Combination | | Dominion Energy's acquisition of SCANA completed on January 1, 2019 pursuant to the terms of the SCANA Merger Agreement |
SCANA Merger Agreement | | Agreement and plan of merger entered on January 2, 2018 between Dominion Energy and SCANA |
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Abbreviation or Acronym | | Definition |
SCANA Merger Approval Order | | Final order issued by the South Carolina Commission on December 21, 2018 setting forth its approval of the SCANA Combination |
SCDHEC | | South Carolina Department of Health and Environmental Control |
SCDOR | | South Carolina Department of Revenue |
SEC | | U.S. Securities and Exchange Commission |
SO2 | | Sulfur dioxide |
South Carolina Commission | | Public Service Commission of South Carolina |
Summer | | V. C. Summer nuclear power station |
Toshiba | | Toshiba Corporation, parent company of Westinghouse |
Toshiba Settlement | | Settlement Agreement dated as of July 27, 2017, by and among Toshiba, DESC and Santee Cooper |
VIE | | Variable interest entity |
Virginia Power | | The legal entity, Virginia Electric and Power Company, a wholly-owned subsidiary of Dominion Energy, one or more of its consolidated subsidiaries or operating segment, or the entirety of Virginia Electric and Power Company and its consolidated subsidiaries |
Westinghouse | | Westinghouse Electric Company LLC |
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PART I. FINANCIAL INFORMATION
ITEM 1. FINANCIAL STATEMENTS
Dominion Energy South Carolina, Inc.
Consolidated Balance Sheets
(Unaudited)
(millions) | | March 31, 2022 | | | December 31, 2021 | |
ASSETS | | | | | | | | |
Utility plant in service | | $ | 14,299 | | | $ | 14,200 | |
Accumulated depreciation and amortization | | | (5,220 | ) | | | (5,192 | ) |
Construction work in progress | | | 486 | | | | 481 | |
Nuclear fuel, net of accumulated amortization | | | 206 | | | | 216 | |
Utility plant, net ($718 and $729 related to VIEs) | | | 9,771 | | | | 9,705 | |
Nonutility Property and Investments: | | | | | | | | |
Nonutility property, net of accumulated depreciation | | | 42 | | | | 42 | |
Assets held in trust, nuclear decommissioning | | | 243 | | | | 256 | |
Nonutility property and investments, net | | | 285 | | | | 298 | |
Current Assets: | | | | | | | | |
Cash and cash equivalents | | | 30 | | | | 30 | |
Receivables: | | | | | | | | |
Customer, net of allowance for uncollectible accounts of $6 and $5 | | | 332 | | | | 358 | |
Affiliated and related party | | | 8 | | | | 16 | |
Other | | | 144 | | | | 152 | |
Inventories (at average cost): | | | | | | | | |
Fuel | | | 54 | | | | 60 | |
Gas stored | | | 19 | | | | 25 | |
Materials and supplies | | | 195 | | | | 186 | |
Prepayments | | | 64 | | | | 70 | |
Regulatory assets | | | 350 | | | | 361 | |
Other current assets(1) | | | 83 | | | | 57 | |
Total current assets ($66 and $77 related to VIEs) | | | 1,279 | | | | 1,315 | |
Deferred Debits and Other Assets: | | | | | | | | |
Regulatory assets | | | 3,323 | | | | 3,323 | |
Affiliated receivables | | | 71 | | | | 66 | |
Other(1) | | | 266 | | | | 220 | |
Total deferred debits and other assets ($27 and $31 related to VIEs) | | | 3,660 | | | | 3,609 | |
Total assets | | $ | 14,995 | | | $ | 14,927 | |
(1) See Note 12 for amounts attributable to affiliates.
See Notes to Consolidated Financial Statements.
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Dominion Energy South Carolina, Inc.
Consolidated Balance Sheets—(Continued)
(Unaudited)
(millions) | | March 31, 2022 | | | December 31, 2021 | |
CAPITALIZATION AND LIABILITIES | | | | | | | | |
Common Stock - no par value, 40.3 million shares outstanding | | $ | 4,016 | | | $ | 4,016 | |
Retained earnings | | | 338 | | | | 335 | |
Accumulated other comprehensive loss | | | (1 | ) | | | (1 | ) |
Total common equity | | | 4,353 | | | | 4,350 | |
Noncontrolling interest | | | 169 | | | | 175 | |
Total equity | | | 4,522 | | | | 4,525 | |
Long-term debt, net | | | 3,724 | | | | 3,724 | |
Affiliated long-term debt | | | 230 | | | | 230 | |
Finance leases | | | 9 | | | | 10 | |
Total long-term debt | | | 3,963 | | | | 3,964 | |
Total capitalization | | | 8,485 | | | | 8,489 | |
Current Liabilities: | | | | | | | | |
Short-term borrowings | | | 52 | | | | 0 | |
Securities due within one year | | | 5 | | | | 5 | |
Accounts payable | | | 210 | | | | 232 | |
Affiliated and related party payables | | | 686 | | | | 458 | |
Customer deposits and customer prepayments | | | 70 | | | | 73 | |
Taxes accrued | | | 66 | | | | 222 | |
Interest accrued | | | 68 | | | | 73 | |
Regulatory liabilities | | | 281 | | | | 245 | |
Reserves for litigation and regulatory proceedings | | | 194 | | | | 211 | |
Other | | | 134 | | | | 144 | |
Total current liabilities | | | 1,766 | | | | 1,663 | |
Deferred Credits and Other Liabilities: | | | | | | | | |
Deferred income taxes and investment tax credits | | | 1,019 | | | | 975 | |
Asset retirement obligations | | | 611 | | | | 599 | |
Pension and other postretirement benefits | | | 160 | | | | 164 | |
Regulatory liabilities | | | 2,863 | | | | 2,936 | |
Other | | | 91 | | | | 101 | |
Total deferred credits and other liabilities | | | 4,744 | | | | 4,775 | |
Commitments and Contingencies (see Note 10) | | | | | | | | |
Total capitalization and liabilities | | $ | 14,995 | | | $ | 14,927 | |
See Notes to Consolidated Financial Statements.
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Dominion Energy South Carolina, Inc.
Consolidated Statements of Comprehensive Income
(Unaudited)
| | Three Months Ended March 31, | |
(millions) | | 2022 | | | 2021 | |
Operating Revenue(1) | | $ | 849 | | | $ | 744 | |
Operating Expenses: | | | | | | | | |
Fuel used in electric generation(1) | | | 174 | | | | 132 | |
Purchased power(1) | | | 31 | | | | 16 | |
Gas purchased for resale | | | 105 | | | | 81 | |
Other operations and maintenance | | | 117 | | | | 99 | |
Other operations and maintenance - affiliated suppliers | | | 43 | | | | 53 | |
Impairment of assets and other charges | | | 0 | | | | 60 | |
Depreciation and amortization | | | 125 | | | | 121 | |
Other taxes(1) | | | 73 | | | | 65 | |
Total operating expenses | | | 668 | | | | 627 | |
Operating income | | | 181 | | | | 117 | |
Other income, net | | | 4 | | | | 6 | |
Interest charges, net of allowance for borrowed funds used during construction of $1 at both periods(1) | | | 52 | | | | 55 | |
Income before income tax expense | | | 133 | | | | 68 | |
Income tax expense | | | 26 | | | | 13 | |
Net Income and Other Comprehensive Income | | | 107 | | | | 55 | |
Comprehensive Income Attributable to Noncontrolling Interest | | | 4 | | | | 4 | |
Comprehensive Income Available to Common Shareholder | | $ | 103 | | | $ | 51 | |
(1) | See Note 12 for amounts attributable to affiliates. |
See Notes to Consolidated Financial Statements.
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Dominion Energy South Carolina, Inc.
Consolidated Statements of Cash Flows
(Unaudited)
| | Three Months Ended March 31, | |
(millions) | | 2022 | | | 2021 | |
Operating Activities | | | | | | | | |
Net income | | $ | 107 | | | $ | 55 | |
Adjustments to reconcile net income to net cash provided by operating activities: | | | | | | | | |
Impairment of assets and other charges | | | 0 | | | | 60 | |
Deferred income taxes, net | | | 44 | | | | 13 | |
Depreciation and amortization | | | 125 | | | | 121 | |
Amortization of nuclear fuel | | | 10 | | | | 10 | |
Other adjustments | | | (8 | ) | | | 7 | |
Changes in certain assets and liabilities: | | | | | | | | |
Receivables | | | 18 | | | | 27 | |
Receivables - affiliated and related party | | | 8 | | | | (2 | ) |
Inventories | | | 3 | | | | 17 | |
Prepayments | | | 13 | | | | 1 | |
Regulatory assets | | | (66 | ) | | | (6 | ) |
Regulatory liabilities | | | 56 | | | | (49 | ) |
Accounts payable | | | 22 | | | | 39 | |
Accounts payable - affiliated and related party | | | (3 | ) | | | 21 | |
Taxes accrued | | | (156 | ) | | | (153 | ) |
Interest accrued | | | (5 | ) | | | (8 | ) |
Pension and other postretirement benefits | | | (4 | ) | | | 2 | |
Other assets and liabilities | | | (126 | ) | | | 28 | |
Net cash provided by operating activities | | | 38 | | | | 183 | |
Investing Activities | | | | | | | | |
Property additions and construction expenditures | | | (211 | ) | | | (215 | ) |
Proceeds from investments and sales of assets | | | 2 | | | | 3 | |
Purchase of investments | | | (1 | ) | | | (3 | ) |
Proceeds from investments - affiliated | | | 0 | | | | 15 | |
Investment in affiliate, net | | | 0 | | | | (1 | ) |
Net cash used in investing activities | | | (210 | ) | | | (201 | ) |
Financing Activities | | | | | | | | |
Dividend to parent | | | (110 | ) | | | (75 | ) |
Short-term borrowings, net | | | 52 | | | | 30 | |
Short-term borrowings - affiliated, net | | | 231 | | | | 88 | |
Other | | | (1 | ) | | | (1 | ) |
Net cash provided by financing activities | | | 172 | | | | 42 | |
Net increase in cash, restricted cash and equivalents | | | 0 | | | | 24 | |
Cash, restricted cash and equivalents at beginning of period(1) | | | 54 | | | | 5 | |
Cash, restricted cash and equivalents at end of period(1) | | $ | 54 | | | $ | 29 | |
Supplemental Cash Flow Information | | | | | | | | |
Significant noncash investing and financing activities: | | | | | | | | |
Accrued construction expenditures | | $ | 75 | | | $ | 76 | |
(1) | Includes $24 million of restricted cash at both March 31, 2022 and December 31, 2021, recorded within other current assets on the Consolidated Balance Sheets. At March 31, 2021 and December 31, 2020 there were 0 restricted cash and equivalent balances. |
See Notes to Consolidated Financial Statements.
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Dominion Energy South Carolina, Inc.
Consolidated Statements of Changes in Common Equity
(Unaudited)
| | Common Stock | | | | | | | | | | | | | | | | | |
(millions) | | Shares | | | Amount | | | Retained Earnings | | | AOCI | | | Noncontrolling Interest | | | Total Equity | |
December 31, 2020 | | | 40 | | | $ | 4,017 | | | $ | 277 | | | $ | (2 | ) | | $ | 192 | | | $ | 4,484 | |
Total comprehensive income available to common shareholder | | | | | | | | | | | 51 | | | | | | | | 4 | | | | 55 | |
Dividend to parent | | | | | | | | | | | (75 | ) | | | | | | | | | | | (75 | ) |
March 31, 2021 | | | 40 | | | $ | 4,017 | | | $ | 253 | | | $ | (2 | ) | | $ | 196 | | | $ | 4,464 | |
| | | | | | | | | | | | | | | | | | | | | | | | |
December 31, 2021 | | | 40 | | | $ | 4,016 | | | $ | 335 | | | $ | (1 | ) | | $ | 175 | | | $ | 4,525 | |
Total comprehensive income available to common shareholder | | | | | | | | | | | 103 | | | | | | | | 4 | | | | 107 | |
Dividend to parent | | | | | | | | | | | (100 | ) | | | | | | | (10 | ) | | | (110 | ) |
March 31, 2022 | | | 40 | | | $ | 4,016 | | | $ | 338 | | | $ | (1 | ) | | $ | 169 | | | $ | 4,522 | |
See Notes to Consolidated Financial Statements.
9
Dominion Energy South Carolina, Inc.
Notes to Consolidated Financial Statements
(Unaudited)
The following notes should be read in conjunction with the Notes to Consolidated Financial Statements appearing in DESC's Annual Report on Form 10-K for the year ended December 31, 2021.
These are interim financial statements and, due to the seasonality of DESC's business and matters that may occur during the rest of the year, the amounts reported in the Consolidated Statements of Comprehensive Income are not necessarily indicative of amounts expected for the full year. In the opinion of management, the information furnished herein reflects all adjustments which are necessary for a fair statement of the results for the interim periods reported, and such adjustments are of a normal recurring nature. In addition, the preparation of financial statements in conformity with GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amount of revenues and expenses during the reporting period. Actual results could differ from those estimates.
Certain amounts in DESC's 2021 Consolidated Financial Statements and Notes have been reclassified to conform to the 2022 presentation for comparative purposes; however, such reclassifications did not affect DESC's net income and other comprehensive income, total assets, liabilities, equity or cash flows. Effective in the second quarter of 2021, DESC updated its Statements of Cash Flows to present net charges for allowance for credit risk and write-offs of accounts receivables within other adjustments to reconcile net income to net cash provided by operating activities from the previous presentation within changes in accounts receivable. All prior period information has been conformed to this presentation, which does not result in a change to net cash provided by operating activities.
DESC is a wholly-owned subsidiary of SCANA, which is a wholly-owned subsidiary of Dominion Energy.
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Consolidation and Variable Interest Entities
DESC has determined that it has a controlling financial interest in each of GENCO and Fuel Company (which are considered to be VIEs) and, accordingly, DESC's Consolidated Financial Statements include, after eliminating intercompany balances and transactions, the accounts of DESC, GENCO and Fuel Company. See Note 2 to the Consolidated Financial Statements included in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021 for a description of GENCO and Fuel Company.
DESC purchases shared services from DES, an affiliated VIE that provides accounting, legal, finance and certain administrative and technical services to all Dominion Energy subsidiaries, including DESC. DESC has determined that it is not the primary beneficiary of DES as it does not have either the power to direct the activities that most significantly impact its economic performance or an obligation to absorb losses and benefits which could be significant to it. See Note 12 for amounts attributable to affiliates.
Significant Accounting Policies
There have been no significant changes from Note 2 to the Consolidated Financial Statements in DESC's Annual Report on Form 10-K for the year ended December 31, 2021.
2. RATE AND OTHER REGULATORY MATTERS
Regulatory Matters Involving Potential Loss Contingencies
As a result of issues generated in the ordinary course of business, DESC is involved in various regulatory matters. Certain regulatory matters may ultimately result in a loss; however, as such matters are in an initial procedural phase, involve uncertainty as to the outcome of pending reviews or orders, and/or involve significant factual issues that need to be resolved, it is not possible for DESC to estimate a range of possible loss. For regulatory matters that DESC cannot estimate, a statement to this effect is made in the description of the matter. Other matters may have progressed sufficiently through the regulatory process such that DESC is able to estimate a range of possible loss. For regulatory matters that DESC is able to reasonably estimate a range of possible losses, an estimated range of possible loss is provided, in excess of the accrued liability (if any) for such matters. Any estimated range is based on currently available information, involves elements of judgment and significant uncertainties and may not represent DESC’s maximum possible loss exposure. The circumstances of such regulatory matters will change from time to time and actual results may vary significantly from the current estimate. For current matters not specifically reported below, management does not anticipate that the outcome from such matters would have a material effect on DESC’s financial position, liquidity or results of operations.
Other Regulatory Matters
Other than the following matters, there have been no significant developments regarding the pending regulatory matters disclosed in Note 3 to the Consolidated Financial Statements in DESC's Annual Report on Form 10-K for the year ended December 31, 2021.
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Electric – Cost of Fuel
DESC’s retail electric rates include a cost of fuel component approved by the South Carolina Commission which may be adjusted periodically to reflect changes in the price of fuel purchased by DESC. In April 2022, the South Carolina Commission approved DESC’s request to increase the total fuel cost component of retail electric rates, effective with the first billing cycle of May 2022. The South Carolina Commission also approved DESC’s request to apply approximately $66 million representing the net balance of funds associated with the monetization of the bankruptcy settlement with Toshiba following the satisfaction of liens against NND Project property previously recorded in regulatory liabilities, as a reduction to its under-collected base fuel cost balance, along with a requested increase to DESC’s variable environmental and avoided capacity cost component. The net effect is an annual increase of $143 million.
Electric – Other
DESC has approval for a DSM rider through which it recovers expenditures related to its DSM programs. In January 2022, DESC filed an application with the South Carolina Commission seeking approval to recover $60 million of costs and net lost revenues associated with these programs, along with an incentive to invest in such programs. In April 2022, the South Carolina Commission approved the request, effective with the first billing cycle of May 2022.
DESC utilizes a pension costs rider approved by the South Carolina Commission which is designed to allow recovery of projected pension costs, including under-collected balances or net of over-collected balances, as applicable. The rider is typically reviewed for adjustment every 12 months with any resulting increase or decrease going into effect beginning with the first billing cycle in May. In April 2022, the South Carolina Commission approved DESC’s requested adjustment to this rider to decrease annual revenue by $12 million.
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Regulatory Assets and Regulatory Liabilities
Rate-regulated utilities recognize in their financial statements certain revenues and expenses in different periods than do other enterprises. As a result, DESC has recorded regulatory assets and regulatory liabilities which are summarized in the following table. Except for NND Project costs and certain other unrecovered costs referenced herein, substantially all regulatory assets are either explicitly excluded from rate base or are effectively excluded from rate base due to their being offset by related liabilities.
| | March 31, | | | December 31, | |
(millions) | | 2022 | | | 2021 | |
Regulatory assets: | | | | | | | | |
NND Project costs(1) | | $ | 138 | | | $ | 138 | |
Deferred employee benefit plan costs(2) | | | 4 | | | | 8 | |
Other unrecovered plant(3) | | | 16 | | | | 16 | |
DSM programs(4) | | | 22 | | | | 23 | |
AROs(5) | | | 2 | | | | 2 | |
Cost of fuel and purchased gas under-collections(6) | | | 121 | | | | 126 | |
Other | | | 47 | | | | 48 | |
Regulatory assets - current | | | 350 | | | | 361 | |
NND Project costs(1) | | | 2,191 | | | | 2,226 | |
AROs(5) | | | 341 | | | | 311 | |
Deferred employee benefit plan costs(2) | | | 110 | | | | 106 | |
Deferred losses on interest rate derivatives(7) | | | 286 | | | | 295 | |
Other unrecovered plant(3) | | | 63 | | | | 57 | |
DSM programs(4) | | | 44 | | | | 45 | |
Environmental remediation costs(8) | | | 37 | | | | 30 | |
Deferred storm damage costs(9) | | | 38 | | | | 38 | |
Deferred transmission operating costs(10) | | | 77 | | | | 77 | |
Other(11) | | | 136 | | | | 138 | |
Regulatory assets - noncurrent | | | 3,323 | | | | 3,323 | |
Total regulatory assets | | $ | 3,673 | | | $ | 3,684 | |
Regulatory liabilities: | | | | | | | | |
Monetization of guaranty settlement(12) | | $ | 67 | | | $ | 67 | |
Income taxes refundable through future rates(13) | | | 41 | | | | 42 | |
Reserve for refunds to electric utility customers(14) | | | 109 | | | | 113 | |
Cost of fuel and purchased gas over-collections(6) | | | 4 | | | | 0 | |
Derivatives(15) | | | 52 | | | | 18 | |
Other | | | 8 | | | | 5 | |
Regulatory liabilities - current | | | 281 | | | | 245 | |
Monetization of guaranty settlement(12) | | | 753 | | | | 831 | |
Income taxes refundable through future rates(13) | | | 895 | | | | 903 | |
Asset removal costs(16) | | | 572 | | | | 570 | |
Deferred gains on interest rate derivatives(7) | | | 66 | | | | 67 | |
Reserve for refunds to electric utility customers(14) | | | 394 | | | | 425 | |
Derivatives(15) | | | 173 | | | | 131 | |
Other | | | 10 | | | | 9 | |
Regulatory liabilities - noncurrent | | | 2,863 | | | | 2,936 | |
Total regulatory liabilities | | $ | 3,144 | | | $ | 3,181 | |
(1) | Reflects expenditures associated with the NND Project, which pursuant to the SCANA Merger Approval Order, will be recovered from electric service customers over a 20-year period ending in 2039. See Note 12 to the Consolidated Financial Statements in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021 for additional information. |
(2) | Employee benefit plan costs have historically been recovered as they have been recorded under GAAP. Deferred employee benefit plan costs represent amounts of pension and other postretirement benefit costs which were accrued as liabilities and treated as regulatory assets pursuant to FERC guidance, and costs deferred pursuant to specific South Carolina Commission regulatory orders. DESC expects to recover deferred pension costs through utility rates over periods through 2044. DESC expects to recover other deferred benefit costs through utility rates, primarily over average service periods of participating employees up to 11 years. |
(3) | Represents the carrying value of coal-fired generating units, including related materials and supplies inventory, retired from service prior to being fully depreciated. DESC is amortizing these amounts through cost of service rates following deprecation amounts that were designed to recover the retired units’ cost over their previous estimated remaining useful lives, which has been estimated to be through 2025. Based on current projections of remaining decommissioning costs, projected recovery is expected to extend to 2029. In addition, amounts include unrecovered costs of existing meters and equipment retired from service prior to being fully depreciated as part of the Advance Metering Infrastructure project, which are being recovered through rates through 2028. This amount also includes certain inventory and preliminary survey and investigation charges being amortized over five years related to the transition or conversion from coal to gas fired generation at certain facilities. In addition, reflects an increase of approximately $7 million related to the abandonment of certain peaking gas generation facilities, such amounts having been reclassified from property, plant and equipment to noncurrent other unrecovered plant. Unamortized amounts are included in rate base and are earning a current return. |
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(4) | Represents deferred costs associated with electric demand reduction programs, and such deferred costs are currently being recovered over three years through an approved rate rider. |
(5) | Represents deferred depreciation and accretion expense related to legal obligations associated with the future retirement of generation, transmission and distribution properties. The AROs primarily relate to DESC’s electric generating facilities, including Summer, and are expected to be recovered over the related property lives and periods of decommissioning which may range up to approximately 105 years. |
(6) | Represents amounts under- or over-collected from customers pursuant to the cost of fuel and purchased gas components approved by the South Carolina Commission. Reflects a $66 million reduction recorded in the first quarter of 2022 from the application of a portion of the monetization of guarantee settlement previously reflected as regulatory liabilities associated with the approval of DESC’s cost of fuel proceedings. See above for additional information. |
(7) | Represents (i) the changes in fair value and payments made or received upon settlement of certain interest rate derivatives designated as cash flow hedges and (ii) the changes in fair value and payments made or received upon settlement of certain other interest rate derivatives not so designated. The amounts recorded with respect to (i) are expected to be amortized to interest expense over the lives of the underlying debt through 2043.The amounts recorded with respect to (ii) are expected to be similarly amortized to interest expense through 2065. |
(8) | Reflects amounts associated with the assessment and clean-up of sites currently or formerly owned by DESC. Such remediation costs are expected to be recovered over periods of up to 27 years. See Note 10 for additional information. |
(9) | Represents storm restoration costs which DESC expects to recover through customer rates over approximately 10 years pursuant to the settlement agreement approved in DESC’s retail electric base rate case. Unamortized amounts are included in rate base and are earning a current return. |
(10) | Includes deferred depreciation and property taxes associated with certain transmission assets which DESC expects to recover from customers through 2063, pursuant to the settlement agreement approved in DESC’s retail electric base rate case. Unamortized amounts are included in rate base and are earning a current return. |
(11) | Various other regulatory assets are expected to be recovered through rates over varying periods through 2047. |
(12) | Represents proceeds related to the monetization of the Toshiba Settlement. In accordance with the SCANA Merger Approval Order, this balance, net of amounts that may be required to satisfy liens, will be refunded to electric customers over a 20-year period ending in 2039. See Note 12 to the Consolidated Financial Statements in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021 for additional information. |
(13) | Includes (i) excess deferred income taxes arising from the remeasurement of deferred income taxes in connection with the enactment of the 2017 Tax Reform Act (certain of which are protected under normalization rules and will be amortized over the remaining lives of related property, and certain of which will be amortized to the benefit of customers over prescribed periods as instructed by regulators) and (ii) deferred income taxes arising from investment tax credits, offset by (iii) deferred income taxes that arise from utility operations that have not been included in customer rates (a portion of which relate to depreciation and are expected to be recovered over the remaining lives of the related property which may range up to 85 years). See Note 7 to the Consolidated Financial Statements in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021 for additional information. |
(14) | Reflects amounts previously collected from retail electric customers of DESC for the NND Project to be credited to customers over an estimated 11-year period effective February 2019 in connection with the SCANA Merger Approval Order. See Note 12 to the Consolidated Financial Statements in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021. |
(15) | For jurisdictions subject to cost-based rate regulation, changes in the fair value of derivative instruments result in the recognition of regulatory assets or regulatory liabilities as they are expected to be recovered from or refunded to customers. |
(16) | Represents estimated net collections through depreciation rates of amounts to be expended for the removal of assets in the future. |
Regulatory assets have been recorded based on the probability of their recovery. All regulatory assets represent incurred costs that may be deferred under GAAP for regulated operations. The South Carolina Commission or FERC has reviewed and approved through specific orders certain of the items shown as regulatory assets. In addition, regulatory assets include, but are not limited to, certain costs which have not been specifically approved for recovery by one of these regulatory agencies. While such costs are not currently being recovered, management believes they would be allowable under existing rate-making concepts embodied in rate orders or applicable state law and expects to recover these costs through rates in future periods.
3. REVENUE RECOGNITION
DESC has disaggregated operating revenues by customer class as follows:
| | Three Months Ended | | | Three Months Ended | |
| | March 31, 2022 | | | March 31, 2021 | |
(millions) | | Electric | | | Gas | | | Electric | | | Gas | |
Customer class: | | | | | | | | | | | | | | | | |
Residential | | $ | 300 | | | $ | 109 | | | $ | 275 | | | $ | 98 | |
Commercial | | | 201 | | | | 48 | | | | 175 | | | | 39 | |
Industrial | | | 108 | | | | 31 | | | | 88 | | | | 22 | |
Other | | | 38 | | | | 6 | | | | 33 | | | | 5 | |
Revenues from contracts with customers | | | 647 | | | | 194 | | | | 571 | | | | 164 | |
Other revenues | | | 8 | | | | 0 | | | | 8 | | | | 1 | |
Total Operating Revenues | | $ | 655 | | | $ | 194 | | | $ | 579 | | | $ | 165 | |
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Contract liabilities represent the obligation to transfer goods or services to a customer for which consideration has already been received from the customer. DESC had contract liability balances of $8 million at both March 31, 2022 and December 31, 2021. During the three months ended March 31, 2022 and 2021, DESC recognized revenue of $4 million and $3 million, respectively, from the beginning contract liability balances as DESC fulfilled its obligations to provide service to its customers. Contract liabilities are recorded in customer deposits and customer prepayments in the Consolidated Balance Sheets.
Balances and activity related to contract costs deferred as regulatory assets were as follows:
| | Regulatory Assets | |
(millions) | | March 31, 2022 | | | December 31, 2021 | |
Beginning balance | | $ | 11 | | | $ | 12 | |
Amortization | | | (1 | ) | | | (1 | ) |
Ending balance | | $ | 10 | | | $ | 11 | |
4. EQUITY
For all periods presented, DESC's authorized shares of common stock, no par value, were 50 million, of which 40.3 million were issued and outstanding, and DESC's authorized shares of preferred stock, no par value, were 20 million, of which 1,000 shares were issued and outstanding. All outstanding shares of common and preferred stock are held by SCANA.
In May 2022, Dominion Energy issued $72 million of shares of Dominion Energy common stock to partially satisfy DESC’s remaining obligation under a settlement agreement with the SCDOR discussed in Note 10. In connection with this transaction, DESC will record an equity contribution from Dominion Energy in the second quarter of 2022.
There have been no material changes to the dividend restrictions affecting DESC described in Note 5 to the Consolidated Financial Statements in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021.
5. LONG-TERM AND SHORT-TERM DEBT
DESC’s short-term financing is supported through its access as co-borrower to Dominion Energy’s $6.0 billion joint revolving credit facility, which can be used for working capital, as support for the combined commercial paper programs of DESC, Dominion Energy, Virginia Power and Questar Gas, and for other general corporate purposes. Other than the items discussed below, there have been no significant changes from Note 6 to the Consolidated Financial Statements in DESC's Annual Report on Form 10-K for the year ended December 31, 2021.
At March 31, 2022, DESC's share of commercial paper and letters of credit outstanding under its joint credit facility with Dominion Energy, was as follows:
(millions) | | Facility Limit | | | Outstanding Commercial Paper | | | Outstanding Letters of Credit | |
Joint revolving credit facility(1) | | $ | 1,000 | | | $ | 52 | | | $ | 0 | |
(1) | A maximum of $1.0 billion of the facility is available to DESC, assuming adequate capacity is available after giving effect to uses by co-borrowers Dominion Energy, Virginia Power and Questar Gas. A sub-limit for DESC is set within the facility limit but can be changed at the option of the co-borrowers multiple times per year. At March 31, 2022, the sub-limit for DESC was $500 million. If DESC has liquidity needs in excess of its sub-limit, the sub-limit may be changed or such needs may be satisfied through short-term intercompany borrowings from DESC's parent or from Dominion Energy. This credit facility matures in June 2026, with the potential to be extended by the borrowers to June 2028. The credit facility can be used to support bank borrowings and the issuance of commercial paper, as well as to support up to $1.0 billion (or the sub-limit, whichever is less) of letters of credit. |
DESC is obligated with respect to an aggregate of $68 million of industrial revenue bonds which are secured by letters of credit. These letters of credit expire, subject to renewal, in the fourth quarter of 2022.
DESC has FERC approval to enter into an inter-company credit agreement with Dominion Energy under which DESC may have short-term borrowings outstanding up to $900 million. At March 31, 2022 and December 31, 2021, DESC had borrowings outstanding under this credit agreement totaling $646 million and $415 million, respectively, which are recorded in affiliated and related party payables in DESC’s Consolidated Balance Sheets. For both the three months ended March 31, 2022 and 2021, DESC recorded interest charges of $2 million.
Fuel Company and GENCO participated in a SCANA utility money pool until January 2021, when that utility money pool was closed. Money pool borrowings and investments bore interest at short-term market rates. For the three-months ended March 31, 2021, DESC recorded both interest income and interest expense from money pool transactions of less than $1 million.
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6. INCOME TAXES
DESC’s effective tax rate is 19.5% for both the three months ended March 31, 2022 and 2021.
As of March 31, 2022, there have been no material changes in DESC’s unrecognized tax benefits. See Note 7 to the Consolidated Financial Statements in DESC's Annual Report on Form 10-K for the year ended December 31, 2021 for a discussion of these unrecognized tax benefits.
7. DERIVATIVE FINANCIAL INSTRUMENTS
DESC’s accounting policies, objectives, and strategies for using derivative instruments are discussed in Note 2 in the Consolidated Financial Statements in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021. See Note 8 for further information about fair value measurements and associated valuation methods for derivatives.
Derivative assets and liabilities are presented gross on the Consolidated Balance Sheets. DESC’s derivative contracts include over-the-counter transactions. Over-the-counter contracts are bilateral contracts that are transacted directly with a third party. Certain over-the-counter contracts contain contractual rights of setoff through master netting arrangements and contract default provisions. In addition, the contracts are subject to conditional rights of setoff through counterparty nonperformance, insolvency or other conditions.
In general, most over-the-counter transactions are subject to collateral requirements. Types of collateral for over-the-counter contracts include cash, letters of credit and, in some cases, other forms of security, none of which are subject to restrictions. Cash collateral, as presented in the table below, is used to offset derivative assets and liabilities.
Certain of DESC’s derivative instruments contain credit-related contingent provisions. These provisions require DESC to provide collateral upon the occurrence of specific events, primarily a credit rating downgrade. If the credit-related contingent features underlying the instruments that are in a liability position and not fully collateralized with cash were fully triggered as of March 31, 2022 and December 31, 2021, DESC would have been required to post $4 million and $8 million, respectively, of additional collateral to its counterparties. The collateral that would be required to be posted includes the impacts of any offsetting asset positions and any amounts already posted for derivatives, non-derivative contracts and derivatives elected under the normal purchases and normal sales exception, per contractual terms. DESC had posted $6 million and $11 million, respectively, of collateral at March 31, 2022 and December 31, 2021 related to derivatives with credit-related contingent provisions that are in a liability position and not fully collateralized with cash. The aggregate fair value of all derivative instruments with credit-related contingent provisions that are in a liability position and not fully collateralized with cash as of March 31, 2022 and December 31, 2021 was $10 million and $19 million, respectively, which does not include the impact of any offsetting asset positions.
The table below presents derivative balances by type of financial instrument, if the gross amounts recognized in the Consolidated Balance Sheets were netted with derivative instruments and cash collateral received or paid. DESC’s commodity derivative assets are not subject to a master netting agreement or similar arrangement.
| | March 31, 2022 | | | December 31, 2021 | |
| | Gross Amounts Not Offset in the Consolidated Balance Sheet | | | Gross Amounts Not Offset in the Consolidated Balance Sheet | |
(millions) | | Gross Liabilities Presented in the Consolidated Balance Sheet(1) | | | Financial Instruments | | | Cash Collateral Paid | | | Net Amounts | | | Gross Liabilities Presented in the Consolidated Balance Sheet(1) | | | Financial Instruments | | | Cash Collateral Paid | | | Net Amounts | |
Interest rate contracts: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Over-the-counter | | $ | 10 | | | $ | 0 | | | $ | 6 | | | $ | 4 | | | $ | 19 | | | $ | 0 | | | $ | 11 | | | $ | 8 | |
Total derivatives | | $ | 10 | | | $ | 0 | | | $ | 6 | | | $ | 4 | | | $ | 19 | | | $ | 0 | | | $ | 11 | | | $ | 8 | |
(1) | There were 0 derivative liabilities that are not subject to master netting or similar arrangements at March 31, 2022 or December 31, 2021. |
Volumes
The following table presents the volume of derivative activity at March 31, 2022. These volumes are based on open derivative positions and represent the combined absolute value of their long and short positions.
| | Current | | | Noncurrent | |
Electricity (MWh in millions): | | | | | | | | |
Fixed price | | | 2 | | | | 22 | |
Interest rate(1) (in millions) | | $ | 0 | | | $ | 71 | |
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(1) | Maturity is determined based on final settlement period. |
Fair Value and Gains and Losses on Derivative Instruments
The following tables present the fair values of derivatives and where they are presented in the Consolidated Balance Sheets:
(millions) | | Fair Value - Derivatives under Hedge Accounting | | | Fair Value - Derivatives not under Hedge Accounting | | | Total Fair Value | |
At March 31, 2022 | | | | | | | | | | | | |
ASSETS | | | | | | | | | | | | |
Current Assets | | | | | | | | | | | | |
Commodity | | $ | 0 | | | $ | 52 | | | $ | 52 | |
Total current derivative assets(1) | | | 0 | | | | 52 | | | | 52 | |
Noncurrent Assets | | | | | | | | | | | | |
Commodity | | | 0 | | | | 173 | | | | 173 | |
Total noncurrent derivative assets(2) | | | 0 | | | | 173 | | | | 173 | |
Total derivative assets | | $ | 0 | | | $ | 225 | | | $ | 225 | |
LIABILITIES | | | | | | | | | | | | |
Current Liabilities | | | | | | | | | | | | |
Interest rate | | $ | 1 | | | $ | 0 | | | $ | 1 | |
Total current derivative liabilities(3) | | | 1 | | | | 0 | | | | 1 | |
Noncurrent Liabilities | | | | | | | | | | | | |
Interest rate | | | 6 | | | | 3 | | | | 9 | |
Total noncurrent derivative liabilities(4) | | | 6 | | | | 3 | | | | 9 | |
Total derivative liabilities | | $ | 7 | | | $ | 3 | | | $ | 10 | |
At December 31, 2021 | | | | | | | | | | | | |
ASSETS | | | | | | | | | | | | |
Current Assets | | | | | | | | | | | | |
Commodity | | $ | 0 | | | $ | 18 | | | $ | 18 | |
Total current derivative assets(1) | | | 0 | | | | 18 | | | | 18 | |
Noncurrent Assets | | | | | | | | | | | | |
Commodity | | | 0 | | | | 130 | | | | 130 | |
Total noncurrent derivative assets(2) | | | 0 | | | | 130 | | | | 130 | |
Total derivative assets | | $ | 0 | | | $ | 148 | | | $ | 148 | |
LIABILITIES | | | | | | | | | | | | |
Current Liabilities | | | | | | | | | | | | |
Interest rate | | $ | 1 | | | $ | 1 | | | $ | 2 | |
Total current derivative liabilities(3) | | | 1 | | | | 1 | | | | 2 | |
Noncurrent Liabilities | | | | | | | | | | | | |
Interest rate | | | 11 | | | | 6 | | | | 17 | |
Total noncurrent derivative liabilities(4) | | | 11 | | | | 6 | | | | 17 | |
Total derivative liabilities | | $ | 12 | | | $ | 7 | | | $ | 19 | |
(1) | Current derivative assets are presented in other current assets in DESC’s Consolidated Balance Sheets. |
(2) | Noncurrent derivative assets are presented in other deferred debits and other assets in DESC’s Consolidated Balance Sheets. |
(3) | Current derivative liabilities are presented in other current liabilities in DESC’s Consolidated Balance Sheets. |
(4) | Noncurrent derivative liabilities are presented in other deferred credits and other liabilities in DESC’s Consolidated Balance Sheets. |
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The following tables present the gains and losses on derivatives, as well as where the associated activity is presented in the Consolidated Balance Sheets and Statements of Comprehensive Income:
Derivatives in Cash Flow Hedging Relationships
(millions) | Increase (Decrease) in Derivatives Subject to Regulatory Treatment(1) | |
Three Months Ended March 31, 2022 | | | |
Derivative type and location of gains (losses): | | | |
Interest rate | $ | 5 | |
Total | $ | 5 | |
Three Months Ended March 31, 2021 | | | |
Derivative type and location of gains (losses): | | | |
Interest rate | $ | 7 | |
Total | $ | 7 | |
(1) | Represents net derivative activity deferred into and amortized out of regulatory assets/liabilities. Amounts deferred into regulatory assets/ liabilities have no associated effect in the Consolidated Statements of Comprehensive Income. |
Derivatives Not Designated as Hedging Instrument
(millions) | | Amount of Gain (Loss) Recognized in Income on Derivatives(1) | |
Three Months Ended March 31, | | 2022 | | | 2021 | |
Derivative type and location of gains (losses): | | | | | | | | |
Commodity contracts: | | | | | | | | |
Purchased power | | $ | 3 | | | $ | 0 | |
Interest rate contracts: | | | | | | | | |
Interest charges | | | (1 | ) | | | (1 | ) |
Total | | $ | 2 | | | $ | (1 | ) |
(1) | Includes derivative activity amortized out of regulatory assets/liabilities. Amounts deferred into regulatory assets/liabilities have no associated effect in the Consolidated Statements of Comprehensive Income. |
8. FAIR VALUE MEASUREMENTS, INCLUDING DERIVATIVES
DESC’s fair value measurements are made in accordance with the policies discussed in Note 9 to the Consolidated Financial Statements in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021. See Note 7 in this report for further information about DESC’s derivatives and hedge accounting activities. DESC applies fair value measurements to certain assets and liabilities including commodity and interest rate derivative instruments.
The following table presents DESC’s quantitative information about Level 3 fair value measurements at March 31, 2022. The range and weighted average are presented in dollars for market price inputs.
| | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | |
| | Fair Value (millions) | | | Valuation Techniques | | Unobservable Input | | | Range | | Weighted Average(1) | |
Assets | | | | | | | | | | | | | | | |
Physical forwards: | | | | | | | | | | | | | | | |
Electricity | | $ | 225 | | | Discounted cash flow | | Market price (per MWh) | (2) | | 30-87 | | | 47 | |
Total assets | | $ | 225 | | | | | | | | | | | | |
(1) Averages weighted by volume. | |
(2) Represents market prices beyond defined terms for Levels 1 and 2. | |
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Sensitivity of the fair value measurements to changes in the significant unobservable inputs is as follows:
Significant Unobservable Inputs | | Position | | Change to Input | | Impact on Fair Value Measurement |
Market price | | Buy | | Increase (decrease) | | Gain (loss) |
Market price | | Sell | | Increase (decrease) | | Loss (gain) |
Recurring Fair Value Measurements
The following table presents DESC’s assets and liabilities that are measured at fair value on a recurring basis for each hierarchy level, including both current and noncurrent portions:
(millions) | | Level 1 | | | Level 2 | | | Level 3 | | | Total | |
At March 31, 2022 | | | | | | | | | | | | | | | | |
Assets | | | | | | | | | | | | | | | | |
Commodity | | $ | 0 | | | $ | 0 | | | $ | 225 | | | $ | 225 | |
Total assets | | $ | 0 | | | $ | 0 | | | $ | 225 | | | $ | 225 | |
Liabilities | | | | | | | | | | | | | | | | |
Interest rate | | $ | 0 | | | $ | 10 | | | $ | 0 | | | $ | 10 | |
Total liabilities | | $ | 0 | | | $ | 10 | | | $ | 0 | | | $ | 10 | |
At December 31, 2021 | | | | | | | | | | | | | | | | |
Assets | | | | | | | | | | | | | | | | |
Commodity | | $ | 0 | | | $ | 0 | | | $ | 148 | | | $ | 148 | |
Total assets | | $ | 0 | | | $ | 0 | | | $ | 148 | | | $ | 148 | |
Liabilities | | | | | | | | | | | | | | | | |
Interest rate | | $ | 0 | | | $ | 19 | | | $ | 0 | | | $ | 19 | |
Total liabilities | | $ | 0 | | | $ | 19 | | | $ | 0 | | | $ | 19 | |
The following table presents the net change in DESC's assets and liabilities measured at fair value on a recurring basis and included in the Level 3 fair value category. There were no net changes in assets and liabilities measured at fair value on a recurring basis and included in the Level 3 fair value category for the three months ended March 31, 2021.
| | | | |
| | | | |
| | Three Months Ended | |
| | March 31, | |
| | 2022 | |
(millions) | | | | |
Beginning balance | | $ | 148 | |
Total realized and unrealized gains (losses): | | | | |
Included in earnings: | | | | |
Purchased power | | | 3 | |
Included in regulatory assets/liabilities | | | 77 | |
Settlements | | | (3 | ) |
Ending balance | | $ | 225 | |
| | | | |
There are 0 unrealized gains and losses included in earnings in the Level 3 fair value category related to assets/liabilities still held at the reporting date for the three months ended March 31, 2022.
Fair Value of Financial Instruments
Substantially all of DESC’s financial instruments are recorded at fair value, with the exception of the instruments described below, which are reported at historical cost. Estimated fair values have been determined using available market information and valuation methodologies considered appropriate by management. The carrying amount of financial instruments classified within current assets and current liabilities are representative of fair value because of the short-term nature of these instruments. For financial instruments that are not recorded at fair value, the carrying amounts and estimated fair values are as follows:
| | March 31, 2022 | | | December 31, 2021 | |
(millions) | | Carrying Amount | | | Estimated Fair Value(1) | | | Carrying Amount | | | Estimated Fair Value(1) | |
Long-term debt(2) | | $ | 3,724 | | | $ | 4,231 | | | $ | 3,724 | | | $ | 4,831 | |
Notes payable | | | 230 | | | | 230 | | | | 230 | | | | 230 | |
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(1) | Fair value is estimated using market prices, where available, and interest rates currently available for issuance of debt with similar terms and remaining maturities. All fair value measurements are classified as Level 2. The carrying amount of debt issuances with short-term maturities and variable rates refinanced at current market rates is a reasonable estimate of their fair value. |
(2) Carrying amount includes current portions included in securities due within one year and amounts which represent the unamortized debt issuance costs and discount or premium.
9. EMPLOYEE BENEFIT PLANS
Components of net periodic benefit cost recorded by DESC were as follows:
(millions) | | Pension Benefits | | | Other Postretirement Benefits | |
Three Months Ended March 31, | | 2022 | | | 2021 | | | 2022 | | | 2021 | |
Service cost | | $ | 2 | | | $ | 3 | | | $ | 0 | | | $ | 1 | |
Interest cost | | | 5 | | | | 5 | | | | 2 | | | | 1 | |
Expected return on assets | | | (12 | ) | | | (12 | ) | | | 0 | | | | 0 | |
Amortization of actuarial losses | | | 0 | | | | 2 | | | | 0 | | | | 0 | |
Net periodic benefit cost (credit) | | $ | (5 | ) | | $ | (2 | ) | | $ | 2 | | | $ | 2 | |
During the three months ended March 31, 2022, DESC made no contributions to its pension trust and does not expect to make any such contributions in 2022. DESC recovers current pension costs through either a rate rider that may be adjusted annually for retail electric operations or through cost of service rates for gas operations.
10. COMMITMENTS AND CONTINGENCIES
As a result of issues generated in the ordinary course of business, DESC is involved in legal proceedings before various courts and is periodically subject to governmental examinations (including by regulatory authorities), inquiries and investigations. Certain legal proceedings and governmental examinations involve demands for unspecified amounts of damages, are in an initial procedural phase, involve uncertainty as to the outcome of pending appeals or motions, or involve significant factual issues that need to be resolved, such that it is not possible for DESC to estimate a range of possible loss. For such matters that DESC cannot estimate, a statement to this effect is made in the description of the matter. Other matters may have progressed sufficiently through the litigation or investigative processes such that DESC is able to estimate a range of possible loss. For legal proceedings and governmental examinations that DESC is able to reasonably estimate a range of possible losses, an estimated range of possible loss is provided, in excess of the accrued liability (if any) for such matters. DESC maintains various insurance programs, including general liability insurance coverage which provides coverage for personal injury or wrongful death cases. Any accrued liability is recorded on a gross basis with a receivable also recorded for any probable insurance recoveries. Estimated ranges of loss are inclusive of legal fees and net of any anticipated insurance recoveries. Any estimated range is based on currently available information and involves elements of judgment and significant uncertainties. Any estimated range of possible loss may not represent DESC’s maximum possible loss exposure. The circumstances of such legal proceedings and governmental examinations will change from time to time and actual results may vary significantly from the current estimate. For current proceedings not specifically reported below, management does not anticipate that the liabilities, if any, arising from such proceedings would have a material effect on DESC’s financial position, liquidity or results of operations.
Environmental Matters
DESC is subject to costs resulting from a number of federal, state and local laws and regulations designed to protect human health and the environment. These laws and regulations affect future planning and existing operations. They can result in increased capital, operating and other costs as a result of compliance, remediation, containment and monitoring obligations.
From a regulatory perspective, DESC continually monitors and evaluates its current and projected emission levels and strives to comply with all state and federal regulations regarding those emissions. DESC participates in the SO2 and NOX emission allowance programs with respect to coal plant emissions and also has constructed additional pollution control equipment at its coal-fired electric generating plants. These actions are expected to address many of the rules and regulations discussed herein.
Air
The CAA, as amended, is a comprehensive program utilizing a broad range of regulatory tools to protect and preserve the nation's air quality. At a minimum, states are required to establish regulatory programs to meet applicable requirements of the CAA. However, states may choose to develop regulatory programs that are more restrictive. Many of DESC’s facilities are subject to the CAA’s permitting and other requirements.
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ACE Rule
In July 2019, the EPA published the final rule informally referred to as the ACE Rule, as a replacement for the Clean Power Plan. The ACE Rule regulated GHG emissions from existing coal-fired power plants pursuant to Section 111(d) of the CAA and required states to develop plans by July 2022 establishing unit-specific performance standards for existing coal-fired power plants. In January 2021, the U.S. Court of Appeals for the D.C. Circuit vacated the ACE Rule and remanded it to the EPA. This decision would take effect upon issuance of the court’s mandate. In March 2021, the court issued a partial mandate vacating and remanding all parts of the ACE Rule except for the portion of the ACE Rule that repealed the Clean Power Plan. In October 2021, the U.S. Supreme Court agreed to hear a challenge of the U.S. Court of Appeals for the D.C. Circuit’s decision on the ACE Rule. While the EPA has stated its intention to replace the ACE Rule, it is unknown at this time if or how the EPA will issue a replacement for the ACE Rule and how that replacement will affect DESC’s operations, financial condition and/or cash flows.
Carbon Regulations
In August 2016, the EPA issued a draft rule proposing to reaffirm that a source’s obligation to obtain a PSD or Title V permit for GHGs is triggered only if such permitting requirements are first triggered by non-GHG, or conventional, pollutants that are regulated by the New Source Review program, and exceed a significant emissions rate of 75,000 tons per year of CO2 equivalent emissions. Until the EPA ultimately takes final action on this rulemaking, DESC cannot predict the impact to its results of operations, financial condition and/or cash flows.
In December 2018, the EPA proposed revised Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources. The proposed rule would amend the previous determination that the best system of emission reduction for newly constructed coal-fired steam generating units is no longer partial carbon capture and storage. Instead, the proposed revised best system of emission reduction for this source category is the most efficient demonstrated steam cycle (e.g., supercritical steam conditions for large units and subcritical steam conditions for small units) in combination with best operating practices. In January 2021, the EPA published a final rule affirming that fossil fuel-fired electric generating units meet the requirement that a source category “significantly contribute” to endangering air pollution for the purposes of regulating GHG emissions from new, modified and reconstructed stationary sources. The January 2021 rule also established a threshold for the “significant contribution” threshold that would have meant that no other source category, such as oil and gas facilities, petroleum refineries, and boilers, would meet that requirement at this time. In April 2021, the U.S. Court of Appeals for the D.C. Circuit granted an unopposed motion by the EPA to vacate and remand the January 2021 rule. The proposed revision to the performance standards for coal-fired steam generating units remains pending. Until the EPA ultimately takes final action on this rulemaking, DESC cannot predict the impact to its results of operations, financial condition and/or cash flows.
Water
The CWA, as amended, is a comprehensive program requiring a broad range of regulatory tools including a permit program to authorize and regulate discharges to surface waters with strong enforcement mechanisms. DESC must comply with applicable aspects of the CWA programs at its operating facilities.
Regulation 316(b)
In October 2014, the final regulations under Section 316(b) of the CWA that govern existing facilities and new units at existing facilities that employ a cooling water intake structure and that have flow levels exceeding a minimum threshold became effective. The rule establishes a national standard for impingement based on seven compliance options, but forgoes the creation of a single technology standard for entrainment. Instead, the EPA has delegated entrainment technology decisions to state regulators. State regulators are to make case-by-case entrainment technology determinations after an examination of five mandatory facility-specific factors, including a social cost-benefit test, and six optional facility-specific factors. The rule governs all electric generating stations with water withdrawals above 2 MGD, with a heightened entrainment analysis for those facilities over 125 MGD. DESC has 5 facilities that are subject to the final regulations. DESC is also working with the EPA and state regulatory agencies to assess the applicability of Section 316(b) to 5 hydroelectric facilities. DESC anticipates that it may have to install impingement control technologies at certain of these stations that have once-through cooling systems. DESC is currently evaluating the need or potential for entrainment controls under the final rule as these decisions will be made on a case-by-case basis after a thorough review of detailed biological, technological, and cost benefit studies. DESC is conducting studies and implementing plans as required by the rule to determine appropriate intake structure modifications at certain facilities to ensure compliance with this rule. While the impacts of this rule could be material to DESC’s results of operations, financial condition and/or cash flows, the existing regulatory framework in South Carolina provides rate recovery mechanisms that could substantially mitigate any such impacts for DESC.
Effluent Limitations Guidelines
In September 2015, the EPA released a final rule to revise the ELG Rule. The final rule established updated standards for wastewater discharges that apply primarily at coal and oil steam generating stations. Affected facilities are required to convert from wet to dry or closed cycle coal ash management, improve existing wastewater treatment systems and/or install new wastewater treatment
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technologies in order to meet the new discharge limits. In April 2017, the EPA granted two separate petitions for reconsideration of the final ELG Rule and stayed future compliance dates in the rule. Also in April 2017, the U.S. Court of Appeals for the Fifth Circuit granted the EPA’s request for a stay of the pending consolidated litigation challenging the rule while the EPA addresses the petitions for reconsideration. In September 2017, the EPA signed a rule to postpone the earliest compliance dates for certain waste streams regulations in the final ELG Rule from November 2018 to November 2020; however, the latest date for compliance for these regulations was December 2023. In October 2020, the EPA released the final rule that extends the latest dates for compliance. Individual facilities’ compliance dates will vary based on circumstances and the determination by state regulators and may range from 2021 to 2028. While the impacts of this rule could be material to DESC’s results of operations, financial condition and/or cash flows, as DESC expects that wastewater treatment technology retrofits and modifications to the bottom ash handling systems at the Williams and Wateree generating stations will be required, the existing regulatory framework in South Carolina provides rate recovery mechanisms that could substantially mitigate any such impacts for DESC.
Capacity Use Area
In November 2019, a new CUA was established in the counties surrounding the Cope Generating Station (Western Capacity Use Area) under the South Carolina Groundwater Use and Reporting Regulation. Under the regulation any groundwater well in a CUA that withdraws above three million gallons per month must be permitted. The Cope Generating Station is located within this new Western Capacity Use Area. Cope has been using four deep groundwater wells for cooling water and other house loads since 1996. Prior to designation of the new Western Capacity Use Area, the wells at Cope Station were only required to be registered not permitted. As a result of this designation, Cope will need to restore the surface water equipment to operable status to reduce reliance on groundwater wells. This includes completion of 316(b) requirements, (including SCDHEC BACT determination and modification of the station national pollutant discharge elimination system permit) and extensive inspection, repair and/or replacement of the associated surface water withdrawal equipment which has been idle since 1996. While the impacts of this rule change are material to DESC’s results of operations, financial condition and/or cash flows, the existing regulatory framework in South Carolina provides rate recovery mechanisms that could substantially mitigate any such impacts for DESC.
Waste Management and Remediation
The operations of DESC are subject to a variety of state and federal laws and regulations governing the management and disposal of solid and hazardous waste, and release of hazardous substances associated with current and/or historical operations. The CERCLA, as amended, and similar state laws, may impose joint, several and strict liability for cleanup on potentially responsible parties who owned, operated or arranged for disposal at facilities affected by a release of hazardous substances. In addition, many states have created programs to incentivize voluntary remediation of sites where historical releases of hazardous substances are identified and property owners or responsible parties decide to initiate cleanups.
From time to time, DESC may be identified as a potentially responsible party in connection with the alleged release of hazardous substances or wastes at a site. Under applicable federal and state laws, DESC could be responsible for costs associated with the investigation or remediation of impacted sites, or subject to contribution claims by other responsible parties for their costs incurred at such sites. DESC also may identify, evaluate and remediate other potentially impacted sites under voluntary state programs. Remediation costs may be subject to reimbursement under DESC’s insurance policies, rate recovery mechanisms, or both. Except as described below, DESC does not believe these matters will have a material effect on results of operations, financial condition and/or cash flows.
DESC has 4 decommissioned manufactured gas plant sites in South Carolina that are in various states of investigation, remediation and monitoring under work plans approved by, or under review by, the SCDHEC or the EPA. DESC anticipates that activities at these sites will continue through 2025 at an estimated cost of $26 million. DESC expects to recover costs arising from the remediation work at all four sites through rate recovery mechanisms and as of March 31, 2022, deferred amounts, net of amounts previously recovered through rates and insurance settlements, totaled $38 million and are included in regulatory assets.
Ash Pond and Landfill Closure Costs
In April 2015, the EPA enacted a final rule regulating CCR landfills, existing ash ponds that still receive and manage CCRs, and inactive ash ponds that do not receive, but still store, CCRs. DESC currently has inactive and existing CCR ponds and CCR landfills subject to the final rule at 3 different facilities. This rule created a legal obligation for DESC to retrofit or close all of its inactive and existing ash ponds over a certain period of time, as well as perform required monitoring, corrective action, and post-closure care activities as necessary.
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In December 2016, legislation was enacted that creates a framework for EPA- approved state CCR permit programs. In August 2017, the EPA issued interim guidance outlining the framework for state CCR program approval. The EPA has enforcement authority until state programs are approved. The EPA and states with approved programs both will have authority to enforce CCR requirements under their respective rules and programs. In September 2017, the EPA agreed to reconsider portions of the CCR rule in response to two petitions for reconsideration. In March 2018, the EPA proposed certain changes to the CCR rule related to issues remanded as part of the pending litigation and other issues the EPA is reconsidering. Several of the proposed changes would allow states with approved CCR permit programs additional flexibility in implementing their programs. In July 2018, the EPA promulgated the first phase of changes to the CCR rule. In August 2018, the U.S. Court of Appeals for the D.C. Circuit issued its decision in the pending challenges of the CCR rule, vacating and remanding to the EPA three provisions of the rule. Until this matter is resolved and all phases of the CCR rule are promulgated, DESC is unable to precisely estimate potential incremental impacts or costs related to existing coal ash sites in connection with future implementation of the final CCR rule. While such amounts may be material to DESC’s results of operations, financial condition and/or cash flows, the existing regulatory framework in South Carolina provides rate recovery mechanisms that could substantially mitigate any such impacts.
Claims and Litigation
The following describes certain legal proceedings involving DESC relating primarily to events occurring before closing of the SCANA Combination. In addition, certain legal matters which have been resolved are discussed in Note 12 to the Consolidated Financial Statements in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021. No reference to, or disclosure of, any proceeding, item or matter described below shall be construed as an admission or indication that such proceeding, item or matter is material. For certain of these matters, and unless otherwise noted therein, DESC is unable to estimate a reasonable range of possible loss and the related financial statement impacts, but for any such matter there could be a material impact to its results of operations, financial condition and/or cash flows. For the matters for which DESC is able to reasonably estimate a probable loss, the Consolidated Balance Sheets at March 31, 2022 and December 31, 2021 include reserves of $194 million and $211 million, respectively, and insurance receivables of $85 million at both dates, included within other receivables. These balances at March 31, 2022 and December 31, 2021 include $70 million and $85 million, respectively, of offsetting reserves and insurance receivables related to personal injury or wrongful death cases which are currently pending. During the three months ended March 31, 2022, 0 charges were included in DESC’s Consolidated Statements of Comprehensive Income. During the three months ended March 31, 2021, DESC’s Consolidated Statements of Comprehensive Income includes charges of $60 million ($45 million after-tax), included within impairment of assets and other charges.
SCANA Shareholder Litigation
In February 2018, a purported class action was filed against Dominion Energy and certain former directors of SCANA and DESC in the State Court of Common Pleas in Richland County, South Carolina (the Metzler Lawsuit). The plaintiff alleges, among other things, that defendants violated their fiduciary duties to shareholders by executing a merger agreement that would unfairly deprive plaintiffs of the true value of their SCANA stock, and that Dominion Energy aided and abetted these actions. Among other remedies, the plaintiff seeks to enjoin and/or rescind the merger. In February 2018, Dominion Energy removed the case to the U.S. District Court for the District of South Carolina and filed a Motion to Dismiss in March 2018. In September 2019, the U.S. District Court for the District of South Carolina granted the plaintiffs’ motion to consolidate the Metzler Lawsuit with another lawsuit regarding the SCANA Merger Agreement to which DESC is not a party. In October 2019, the plaintiffs filed an amended complaint against certain former directors and executive officers of SCANA and DESC, which stated substantially similar allegations to those in the initial lawsuits as well as an inseparable fraud claim. In November 2019, the defendants filed a motion to dismiss. In April 2020, the U.S. District Court for the District of South Carolina denied the motion to dismiss. In May 2020, SCANA filed a motion to intervene, which was denied in August 2020. In September 2020, SCANA filed a notice of appeal with the U.S. Court of Appeals for the Fourth Circuit. In June 2021, the parties reached an agreement in principle to settle this case, along with a related case to which DESC was not a party, subject to court approval, with no financial impact to DESC.
Employment Class Actions and Indemnification
In August 2017, a case was filed in the U.S. District Court for the District of South Carolina on behalf of persons who were formerly employed at the NND Project. In July 2018, the court certified this case as a class action. In February 2019, certain of these plaintiffs filed an additional case, which case has been dismissed and the plaintiffs have joined the case filed August 2017. The plaintiffs allege, among other things, that SCANA, DESC, Fluor Corporation and Fluor Enterprises, Inc. violated the Worker Adjustment and Retraining Notification Act in connection with the decision to stop construction at the NND Project. The plaintiffs allege that the defendants failed to provide adequate advance written notice of their terminations of employment and are seeking damages, which could be as much as $100 million for 100% of the NND Project. In January 2021, the U.S. District Court for the District of South Carolina granted summary judgment in favor of SCANA, DESC, Fluor Corporation and Fluor Enterprises, Inc. In February 2021, the plaintiffs filed a notice of appeal with the U.S. Court of Appeals for the Fourth Circuit. In November 2021, the U.S Court of Appeals for the Fourth Circuit affirmed the lower court ruling. In March 2022, the deadline to file an appeal to the Supreme Court of the United States expired.
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In September 2018, a case was filed in the State Court of Common Pleas in Fairfield County, South Carolina by Fluor Enterprises, Inc. and Fluor Daniel Maintenance Services, Inc. against DESC and Santee Cooper. The plaintiffs make claims for indemnification, breach of contract and promissory estoppel arising from, among other things, the defendants' alleged failure and refusal to defend and indemnify the Fluor defendants in the aforementioned case. As a result of the ruling in favor of the defendants in the aforementioned case, any potential loss by DESC would be limited to an inconsequential amount.
Governmental Proceedings and Investigations
In June 2018, DESC received a notice of proposed assessment of approximately $410 million, excluding interest, from the SCDOR following its audit of DESC’s sales and use tax returns for the periods September 1, 2008 through December 31, 2017. The proposed assessment, which includes 100% of the NND Project, is based on the SCDOR’s position that DESC’s sales and use tax exemption for the NND Project does not apply because the facility will not become operational. In December 2020, the parties reached an agreement in principle in the amount of $165 million to resolve this matter. In June 2021, the parties executed a settlement agreement which allows DESC to fund the settlement amount through a combination of cash, shares of Dominion Energy common stock or real estate with an initial payment of at least $43 million in shares of Dominion Energy common stock. In August 2021, Dominion Energy issued 0.6 million shares of its common stock to satisfy DESC’s obligation for the initial payment under the settlement agreement. In May 2022, Dominion Energy issued an additional 0.9 million shares of its common stock to partially satisfy DESC’s remaining obligation under the settlement agreement.
11. OPERATING SEGMENTS
The Corporate and Other segment includes specific items attributable to its operating segment that are not included in profit measures evaluated by executive management in assessing the segment’s performance or in allocating resources.
In the three months ended March 31, 2022 and 2021, DESC reported an immaterial amount of specific items in the Corporate and Other segment.
(millions) | | External Revenue | | | Comprehensive Income (Loss) Available (Attributable) to Common Shareholder | |
Three Months Ended March 31, 2022 | | | | | | | | |
Dominion Energy South Carolina | | $ | 849 | | | $ | 104 | |
Corporate and Other | | | 0 | | | | (1 | ) |
Consolidated total | | $ | 849 | | | $ | 103 | |
| | | | | | | | |
Three Months Ended March 31, 2021 | | | | | | | | |
Dominion Energy South Carolina | | $ | 744 | | | $ | 97 | |
Corporate and Other | | | 0 | | | | (46 | ) |
Consolidated total | | $ | 744 | | | $ | 51 | |
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12. AFFILIATED AND RELATED PARTY TRANSACTIONS
DES, on behalf of itself and its parent company, provide the following services to DESC, which are rendered at direct or allocated cost: information systems, telecommunications, customer support, marketing and sales, human resources, corporate compliance, purchasing, financial, risk management, public affairs, legal, investor relations, gas supply and capacity management, strategic planning, general administrative and retirement benefits. In addition, DES processes and pays invoices for DESC and is reimbursed. Costs for these services include amounts capitalized. Amounts expensed are primarily recorded in other operations and maintenance - affiliated suppliers and other income, net in the Consolidated Statements of Comprehensive Income.
DESC transacts with affiliates for certain quantities of electricity in the ordinary course of business. DESC also enters into certain commodity derivative contracts with affiliates. DESC uses these contracts, which are principally comprised of forward commodity purchases, to manage commodity price risks associated with purchases of electricity. See Note 7 for additional information.
| | Three Months Ended March 31, | |
(millions) | | 2022 | | | 2021 | |
Direct and allocated costs from DES(1) | | $ | 55 | | | $ | 55 | |
Operating Revenues - Electric from sales to affiliate | | | 1 | | | | 1 | |
Operating Expenses - Other taxes from affiliate | | | 3 | | | | 3 | |
Purchases of electricity from solar affiliates | | | 2 | | | | 2 | |
(1) | Includes capitalized expenditures of $12 million and $2 million for the three months ended March 31, 2022 and 2021, respectively. |
(millions) | | March 31, 2022 | | | December 31, 2021 | |
Payable to DES | | $ | 24 | | | $ | 30 | |
Receivable from Public Service Company of North Carolina, Incorporated | | | 5 | | | | 60 | |
Payable to solar affiliates | | | 1 | | | | 1 | |
Receivable from nuclear affiliates | | | 1 | | | | 1 | |
Payable to Dominion Energy | | | 2 | | | | 1 | |
Derivative assets with affiliates(1) | | | 45 | | | | 28 | |
(1) Includes amounts recorded in other current assets of $11 million and $4 million as of March 31, 2022 and December 31, 2021, respectively, and amounts recorded in other deferred debits and other assets of $34 million and $24 million as of March 31, 2022 and December 31, 2021, respectively.
Borrowings from an affiliate are described in Note 5.
13. OTHER INCOME, NET
Components of other income, net are as follows:
| | Three Months Ended March 31, | |
(millions) | | 2022 | | | 2021 | |
Revenues from contracts with customers | | $ | 0 | | | $ | 0 | |
Other income | | | 2 | | | | 3 | |
Other expense | | | 1 | | | | 2 | |
Allowance for equity funds used during construction | | | 1 | | | | 1 | |
Other income, net | | $ | 4 | | | $ | 6 | |
Non-service cost components of pension and other postretirement benefits are included in other income.
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ITEM 2. MANAGEMENT’S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS
MD&A provides management’s narrative analysis of its consolidated results of operations. MD&A should be read in conjunction with DESC's Consolidated Financial Statements. DESC meets the conditions to file under the reduced disclosure format, and therefore has omitted certain sections of MD&A.
Forward-Looking Statements
This report contains statements concerning DESC’s expectations, plans, objectives, future financial performance and other statements that are not historical facts. These statements are “forward-looking statements.” In most cases, the reader can identify these forward-looking statements by such words as “anticipate,” “estimate,” “forecast,” “expect,” “believe,” “should,” “could,” “plan,” “may,” “continue,” “target” or other similar words.
DESC makes forward-looking statements with full knowledge that risks and uncertainties exist that may cause actual results to differ materially from predicted results. Factors that may cause actual results to differ are often presented with the forward-looking statements themselves. Additionally, other factors may cause actual results to differ materially from those indicated in any forward-looking statement. These factors include but are not limited to:
| • | Unusual weather conditions and their effect on energy sales to customers and energy commodity prices; |
| • | Extreme weather events and other natural disasters, including, but not limited to, hurricanes, high winds, severe storms, earthquakes, flooding, climate changes and changes in water temperatures and availability that can cause outages and property damage to facilities; |
| • | The impact of extraordinary external events, such as the current pandemic health event resulting from COVID-19, and their collateral consequences, including extended disruption of economic activity in our markets and global supply chains; |
| • | Federal, state and local legislative and regulatory developments, including changes in or interpretations of federal and state tax laws and regulations; |
| • | Risks of operating businesses in regulated industries that are subject to changing regulatory structures; |
| • | Changes to regulated rates collected; |
| • | Changes in future levels of domestic and international natural gas production, supply or consumption; |
| • | Timing and receipt of regulatory approvals necessary for planned construction or growth projects and compliance with conditions associated with such regulatory approvals; |
| • | The inability to complete planned construction, conversion or growth projects at all, or with the outcomes or within the terms and time frames initially anticipated, including as a result of increased public involvement, intervention or litigation in such projects; |
| • | Changes to federal, state and local environmental laws and regulations, including those related to climate change, the tightening of emission or discharge limits for GHGs and other substances, more extensive permitting requirements and the regulation of additional substances; |
| • | Cost of environmental strategy and compliance, including those costs related to climate change; |
| • | Changes in implementation and enforcement practices of regulators relating to environmental standards and litigation exposure for remedial activities; |
| • | Difficulty in anticipating mitigation requirements associated with environmental and other regulatory approvals or related appeals; |
| • | The impact of operational hazards, including adverse developments with respect to pipeline and plant safety or integrity, equipment loss, malfunction or failure, operator error and other catastrophic events; |
| • | Risks associated with the operation of nuclear facilities, including costs associated with the disposal of spent nuclear fuel, decommissioning, plant maintenance and changes in existing regulations governing such facilities; |
| • | Changes in operating, maintenance and construction costs; |
| • | Domestic terrorism and other threats to DESC’s physical and intangible assets, as well as threats to cybersecurity; |
| • | Additional competition from the development and deployment of alternative energy sources, such as self-generation and distributed generation technologies; |
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| • | Competition in the development, construction and ownership of certain electric transmission facilities in connection with Order 1000; |
| • | Changes in technology, particularly with respect to new, developing or alternative sources of generation and smart grid technologies; |
| • | Changes in demand for services, including industrial, commercial and residential growth or decline in service areas, changes in supplies of natural gas delivered, changes in customer growth or usage patterns, including as a result of energy conservation programs, the availability of energy efficient devices and the use of distributed generation methods; |
| • | Adverse outcomes in litigation matters or regulatory proceedings, including matters related to the NND Project; |
| • | Counterparty credit and performance risk; |
| • | Fluctuations in the value of investments held in nuclear decommissioning and benefit plan trusts; |
| • | Fluctuations in energy-related commodity prices and the effect these could have on DESC’s liquidity position and the underlying value of its assets; |
| • | Fluctuations in interest rates; |
| • | Changes in rating agency requirements or credit ratings and their effect on availability and cost of capital; |
| • | Global capital market conditions, including the availability of credit and the ability to obtain financing on reasonable terms; |
| • | Political and economic conditions, including inflation and deflation; |
| • | Employee workforce factors including collective bargaining agreements and labor negotiations with union employees; and |
| • | Changes in financial or regulatory accounting principles or policies imposed by governing bodies. |
Additionally, other risks that could cause actual results to differ from predicted results are set forth in Part I. Item 1A. Risk Factors in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021.
DESC’s forward-looking statements are based on beliefs and assumptions using information available at the time the statements are made. DESC cautions the reader not to place undue reliance on its forward-looking statements because the assumptions, beliefs, expectations and projections about future events may, and often do, differ materially from actual results. DESC undertakes no obligation to update any forward-looking statement to reflect developments occurring after the statement is made.
Results of Operations
Presented below is a summary of DESC’s consolidated results:
| | First Quarter | |
(millions) | | 2022 | | | 2021 | | | $ Change | |
Net income | | $ | 107 | | | $ | 55 | | | $ | 52 | |
Overview
First Quarter 2022 vs. 2021
Net income increased 95%, primarily due to the absence of charges associated with litigation.
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Analysis of Consolidated Operations
Presented below are selected amounts related to DESC’s results of operations:
| | First Quarter | |
(millions) | | 2022 | | | 2021 | | | $ Change | |
Operating revenues | | $ | 849 | | | $ | 744 | | | $ | 105 | |
Fuel used in electric generation | | | 174 | | | | 132 | | | | 42 | |
Purchased power | | | 31 | | | | 16 | | | | 15 | |
Gas purchased for resale | | | 105 | | | | 81 | | | | 24 | |
Other operations and maintenance | | | 160 | | | | 152 | | | | 8 | |
Impairment of assets and other charges | | | — | | | | 60 | | | | (60 | ) |
Depreciation and amortization | | | 125 | | | | 121 | | | | 4 | |
Other taxes | | | 73 | | | | 65 | | | | 8 | |
Other income, net | | | 4 | | | | 6 | | | | (2 | ) |
Interest charges | | | 52 | | | | 55 | | | | (3 | ) |
Income tax expense | | | 26 | | | | 13 | | | | 13 | |
An analysis of DESC’s results of operations follows:
First Quarter 2022 vs. 2021
Operating revenues increased 14%, primarily due to a $86 million increase in the fuel cost component included in utility rates as a result of an increase in commodity costs and purchased power costs associated with sales to electric utility retail customers ($62 million) and gas utility customers ($24 million), an increase in non-fuel base rates associated with the settlement in 2021 of the South Carolina electric base rate case ($7 million) and an increase in sales to electric utility retail customers associated with growth ($5 million).
Fuel used in electric generation increased 32%, primarily due to increased fuel costs associated with electric utility retail customers, which are offset in operating revenue and do not impact net income.
Purchased power increased 94%, primarily due to an increase in costs associated with electric utility customers, which are offset in operating revenue and do not impact net income.
Gas purchased for resale increased 30%, primarily due to an increase in costs associated with gas utility customers, which are offset in operating revenue and do not impact net income.
Other operations and maintenance increased 5%, primarily due to an increase in outside services.
Impairment of assets and other charges decreased $60 million, primarily due to the absence of charges associated with litigation.
Other taxes increased 12%, primarily due to higher property taxes.
Income tax expense increased $13 million, primarily due to higher pre-tax income.
ITEM 4. CONTROLS AND PROCEDURES
Senior management of DESC, including DESC’s CEO and CFO, evaluated the effectiveness of DESC’s disclosure controls and procedures as of the end of the period covered by this report. Based on this evaluation process, DESC’s CEO and CFO have concluded that DESC’s disclosure controls and procedures are effective.
There were no changes that occurred during the last fiscal quarter that materially affected, or are reasonably likely to materially affect, DESC’s internal control over financial reporting.
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PART II. OTHER INFORMATION
ITEM 1. LEGAL PROCEEDINGS
From time to time, DESC is party to various legal, environmental or other regulatory proceedings, including in the ordinary course of business. SEC regulations require disclosure of certain environmental matters when a governmental authority is a party to the proceedings and such proceedings involve potential monetary sanctions that DESC reasonably believes will exceed a specified threshold. Pursuant to the SEC regulations, DESC uses a threshold of $1 million for such proceedings.
See the following for discussions on various legal, environmental and other regulatory proceedings to which DESC is a party, which information is incorporated herein by reference:
• | Notes 3 and 12 to the Consolidated Financial Statements in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021. |
• | Notes 2 and 10 to the Consolidated Financial Statements in this report. |
ITEM 1A. RISK FACTORS
DESC’s business is influenced by many factors that are difficult to predict, involve uncertainties that may materially affect actual results and are often beyond its control. A number of these risk factors have been identified in DESC’s Annual Report on Form 10-K for the year ended December 31, 2021, which should be taken into consideration when reviewing the information contained in this report. There have been no material changes with regard to the risk factors previously disclosed in DESC's Annual Report on Form 10-K for the year ended December 31, 2021. For other factors that may cause actual results to differ materially from those indicated in any forward-looking statement or projection contained in this report, see Forward-Looking Statements in MD&A in this report.
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ITEM 6. EXHIBITS
Exhibit No. | | Description |
3.1 | | Amended and Restated Articles of Incorporation, effective April 29, 2019 (Exhibit 3.1, Form 8-K filed April 29, 2019, File No. 1-3375). |
3.2 | | Amended and Restated Bylaws, effective April 29, 2019 (Exhibit 3.2, Form 8-K filed April 29, 2019, File No. 1-3375). |
4.1 | | Dominion Energy South Carolina, Inc. agrees to furnish to the U.S. Securities and Exchange Commission upon request any instrument with respect to long-term debt as to which the total amount of securities authorized does not exceed 10% of its total consolidated assets. |
31.a | | Certification by Chief Executive Officer of Dominion Energy South Carolina, Inc. pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 (filed herewith). |
31.b | | Certification by Chief Financial Officer of Dominion Energy South Carolina, Inc. pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 (filed herewith). |
32.a | | Certification to the Securities and Exchange Commission by Chief Executive Officer and Chief Financial Officer of Dominion Energy South Carolina, Inc. as required by Section 906 of the Sarbanes-Oxley Act of 2002 (furnished herewith). |
101 | | The following financial statements from Dominion Energy South Carolina, Inc.’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2022, filed on May 5, 2022, formatted in iXBRL (Inline eXtensible Reporting Language): (i) Consolidated Balance Sheets, (ii) Consolidated Statements of Comprehensive Income, (iii) Consolidated Statements of Cash Flows, (iv) Consolidated Statements of Changes in Common Equity, and (v) the Notes to Consolidated Financial Statements. |
104 | | Cover Page Interactive Data File (formatted in iXBRL (Inline eXtensible Reporting Language) and contained in Exhibit 101). |
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
| DOMINION ENERGY SOUTH CAROLINA, INC. |
| | (Registrant) |
| |
| By: | /s/ Michele L. Cardiff |
Date: May 5, 2022 | | Michele L. Cardiff |
| | Senior Vice President, Controller and Chief Accounting Officer |
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