Regulatory | 3. Regulatory Tampa Electric Base Rates On August 6, 2021, Tampa Electric filed with the FPSC a joint motion for approval of a settlement agreement dated as of August 6, 2021 (the Settlement Agreement) by and among Tampa Electric and the intervenors in Tampa Electric’s rate case filed with the FPSC in April 2021. The Settlement Agreement agrees to an increase in base rates annually effective with January 2022 bills, to generate a $ 191 million increase in revenue consisting of $ 123 million of traditional base rate charges and $ 68 million in a new charge to recover the costs of retiring assets. The Settlement Agreement further includes two subsequent year adjustments of $ 90 million and $ 21 million, effective January 2023 and January 2024, respectively. Under the agreement, the allowed equity in the capital structure will continue to be 54 % from investor sources of capital. The Settlement Agreement includes an allowed regulatory ROE range of 9.0 % to 11.0 % with a 9.95 % midpoint. The Settlement Agreement allows a 25 basis point increase in the allowed ROE range and mid-point, and $ 10 million of additional revenue, if the average 30 -year United States Treasury Bond yield rate for any period of six consecutive months is at least 50 basis points greater than the yield rate on the date the FPSC votes to approve the agreement. Under the agreement, base rates will no t change from January 1, 2022 through December 31, 2024 , unless Tampa Electric’s earned ROE were to fall below the bottom of the range during that time. The Settlement Agreement contains a provision whereby Tampa Electric agrees to quantify the future impact of a decrease or increase in corporate income tax rates on net operating income through a reduction or increase in base revenues within 180 days of when such tax change becomes law or its effective date. The Settlement Agreement further creates a mechanism to recover the costs of retiring coal generation units and meter assets over a period of 15 years which survives the term of that agreement. The Settlement Agreement sets new depreciation and dismantlement rates effective January 1, 2022 and contains the provisions that Tampa Electric will not have to file another depreciation study during the term of the agreement but will file a new depreciation study no more than one year, nor less than 90 days, before the filing of its next general base rate proceeding. Additionally, Tampa Electric agreed to a financial hedging moratorium for natural gas ending on December 31, 2024. On October 21, 2021, the FPSC approved the Settlement Agreement and the final order, reflecting such approval, was issued on November 10, 2021. Tampa Electric’s Settlement Agreement provides recovery for the Big Bend modernization project in two phases. The first phase is a revenue increase to cover the costs of the assets in service during 2022, among other items. The remainder of the project costs will be recovered as part of the 2023 subsequent year adjustment. The Settlement Agreement also includes a new charge to recover the remaining costs of the retiring Big Bend coal generation assets, Units 1 through 3, which will be spread over 15 years and will survive the term of the Settlement Agreement. The special capital recovery schedule for all three units was applied beginning January 1, 2022. Tampa Electric ROE Adjustment Tampa Electric's 2021 settlement agreement provision allows Tampa Electric to request a revenue and ROE increase due to increases in the 30-year U.S. Treasury bond yield rate. On July 1, 2022, Tampa Electric requested to adjust its base rates to collect an additional $ 10 million annually (prorated in the first year) and increase its mid-point ROE and upper and lower allowed ranges. If approved, the new mid-point ROE will be 10.20 %, and the range will be 9.25 % to 11.25 % effective July 1, 2022. The FPSC is expected to issue a decision in August 2022. Tampa Electric Mid-Course Adjustment to Fuel Recovery In January 2022, Tampa Electric requested a mid-course adjustment t o its fuel and capacity charges to recover an additional $ 169 million beginning April 1, 2022 through December 2022 due to an increase in fuel commodity and capacity costs. On March 1, 2022, the FPSC voted to approve the mid-course adjustment, and the order reflecting such approval was issued on March 18, 2022. Tampa Electric Storm Protection Cost Recovery Clause and Settlement Agreement On October 3, 2019, the FPSC issued a rule to implement a Storm Protection Plan (SPP) Cost Recovery Clause. This clause provides a process for Florida investor-owned utilities, including Tampa Electric, to recover transmission and distribution storm hardening costs for incremental activities not already included in base rates. A settlement agreement was approved on August 10, 2020 and Tampa Electric’s cost recovery began in January 2021. The current approved plan addresses the years 2020, 2021 and 2022, and in April 2022 Tampa Electric submitted a new plan to determine cost recovery in 2023, 2024, and 2025. PGS Base Rates On June 8, 2020, PGS filed a petition for an increase in rates and service charges effective January 2021. On November 19, 2020, the FPSC approved a settlement agreement filed by PGS and OPC. The settlement agreement provides for an increase in base rates by $ 58 million annually effective January 2021, which is a $ 34 million increase in revenue and $ 24 million increase of revenues previously recovered through the cast iron and bare steel replacement rider. This settlement agreement includes an allowed regulatory ROE range of 8.90 % to 11.00 % with a 9.90 % midpoint, including the ability to reverse a total of $ 34 million of accumulated depreciation through 2023. During the three and six months ended June 30, 2022, PGS reversed $ 5 million and $ 10 million, respectively, of the $ 34 million accumulated depreciation. No amounts were reversed prior to 2022. In addition, the agreement set new depreciation rates effective January 1, 2021 that are consistent with PGS’s current overall average depreciation rate. Under the agreement, base rates are frozen from January 1, 2021 to December 31, 2023 , unless its earned ROE were to fall below 8.90 % before that time with an allowed equity in the capital structure of 54.7 % from investor sources of capital. PGS Mid-Course Adjustment to Fuel Recovery In May 2022, PGS filed a request with the FPSC for a mid-course correction to its 2022 purchased gas adjustment (PGA) factor cap. The request was initiated due to an increase in the price of natural gas. The PGA factor serves as a cap on the rate charged to customers and may be adjusted monthly. On July 7, 2022, the FPSC voted to approve the mid-course adjustment. Effective August 1, 2022, the PGA cap will change from $ 1.19163 per therm to $ 1.70492 per therm. Since the PGA is an approved range, the impact will depend on fluctuations in natural gas pricing and customer usage. At June 30, 2022, PGS was not in an under recovery position. Regulatory Assets and Liabilities Details of the regulatory assets and liabilities are presented in the following table: Regulatory Assets and Liabilities (millions) June 30, 2022 December 31, 2021 Regulatory assets: Regulatory tax asset (1) $ 129 $ 117 Cost-recovery clauses (2) 243 89 Capital cost recovery for early retired assets (3) 508 518 Environmental remediation (4) 22 22 Postretirement benefits (5) 219 230 Asset retirement obligation (6) 12 11 Other 15 15 Total regulatory assets 1,148 1,002 Less: Current portion 305 136 Long-term regulatory assets $ 843 $ 866 Regulatory liabilities: Regulatory tax liability (7) $ 638 $ 638 Cost-recovery clauses - deferred balances (2) 26 16 Accumulated reserve - cost of removal (8) 472 468 Storm reserve (9) 46 46 Other 2 2 Total regulatory liabilities 1,184 1,170 Less: Current portion 63 78 Long-term regulatory liabilities $ 1,121 $ 1,092 (1) The regulatory tax asset is primarily associated with the depreciation and recovery of AFUDC-equity. This asset does not earn a return but rather is included in the capital structure, which is used in the calculation of the weighted cost of capital used to determine revenue requirements. It will be recovered over the expected life of the related assets. The regulatory tax asset balance reflects the impact of the federal corporate income tax rate reduction. (2) These assets and liabilities are related to FPSC clauses and riders. They are recovered or refunded through cost-recovery mechanisms approved by the FPSC on a dollar-for-dollar basis in a subsequent period. (3) This regulatory asset is related to the remaining net book value of Big Bend Units 1 through 3 and smart meter assets that were retired. The balance earns a rate of return as permitted by the FPSC and will be recovered as a separate line item on customer bills for a period of 15 years . See “Tampa Electric Base Rates” above for further information. (4) This asset is related to costs associated with environmental remediation primarily at MGP sites. The balance is included in rate base, partially offsetting the related liability, and earns a rate of return as permitted by the FPSC. The timing of recovery is based on a settlement agreement approved by the FPSC. (5) This asset is related to the deferred costs of postretirement benefits and it is amortized over the remaining service life of plan participants. Deferred costs of postretirement benefits that are included in expense are recognized as cost of service for rate-making purposes as permitted by the FPSC. (6) This asset is related to costs associated with an asset retirement obligation, which is a legal obligation for the future retirement of certain tangible, long-lived assets. This regulatory asset does not earn a return because it is offset with related assets and liabilities within rate base. It is recovered and removed as the obligation is settled and removed as the activities for the retirement of the related assets have been completed. (7) The regulatory tax liability is primarily related to the revaluation of TEC’s deferred income tax balances recorded on December 31, 2017 at the lower corporate income tax rate due to U.S. tax reform. The liability related to the revaluation of the deferred income tax balances is amortized and returned to customers through rate reductions or other revenue offsets based on IRS regulations and the settlement agreement for tax reform benefits approved by the FPSC. (8) This item represents the non-ARO cost of removal in the accumulated reserve for depreciation. AROs are costs for legally required removal of property, plant and equipment. Non-ARO cost of removal represents estimated funds received from customers through depreciation rates to cover future non-legally required cost of removal of property, plant and equipment, net of salvage value upon retirement, which reduces rate base for ratemaking purposes. This liability is reduced as costs of removal are incurred. (9) As a result of Tampa Electric’s 2013 rate case settlement, in the event of a named storm that results in damage to its system, Tampa Electric can petition the FPSC to seek recovery of those costs over a 12-month period or longer as determined by the FPSC, as well as replenish its reserve to $ 56 million, the level of the reserve as of October 31, 2013. This provision was also included in Tampa Electric’s subsequent 2017 amended and restated settlement agreement and in Tampa Electric’s 2021 rate case settlement agreement. In 2021, 2020 and 2019, Tampa Electric incurred total storm restoration preparation costs for multiple hurricanes of approximately $ 10 million, which was charged to the storm reserve regulatory liability. |