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 agreed 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 included 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 continued to be 54 % from investor sources of capital. The Settlement Agreement included 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 contained a provision whereby Tampa Electric agreed 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 created 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 set new depreciation and dismantlement rates effective January 1, 2022 and contained 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 ROE Adjustment Pursuant to the Settlement Agreement, on July 1, 2022, Tampa Electric requested to adjust its base rates to collect an additional $ 10 million annually (prorated in the first year) effective September 1, 2022 and increase its mid-point ROE and upper and lower allowed ranges. On August 16, 2022, the FPSC approved the change. The new mid-point ROE is 10.20 %, and the range is 9.25 % to 11.25 % effective July 1, 2022. Tampa Electric Mid-Course Adjustment to Fuel Recovery In January 2022, Tampa Electric requested a mid-course adjustment to 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. On January 23, 2023, Tampa Electric requested an adjustment to its fuel charges to recover the $ 518 million final 2022 fuel under-recovery over a period of 21 months. The request also included an adjustment to 2023 projected fuel costs to reflect the reduction in natural gas prices since September 2022 for a projected reduction of $ 170 million for the balance of 2023. The changes were approved by the FPSC on March 7, 2023, effective April 1, 2023. Tampa Electric Storm Restoration Cost Recovery 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. Once the storm reserve regulatory liability is exhausted, TEC may petition the FPSC for recovery. 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 costs for multiple hurricanes of approximately $ 10 million, which was charged to the storm reserve regulatory liability. In September 2022, Tampa Electric was impacted by Hurricane Ian. Total restoration costs were $ 129 million, with $ 121 million charged to the storm reserve. Restoration costs charged to the storm reserve exceeded the reserve balance and this amount was deferred to be collected from customers in subsequent periods. In November 2022, Tampa Electric incurred costs of approximately $ 2 million related to Hurricane Nicole. In January 2023, Tampa Electric petitioned the FPSC for recovery of costs associated with Hurricanes Ian and Nicole that exceeded the reserve, $ 10 million of storm restoration costs charged to the reserve since 2018, and the replenishment of the balance in the reserve to the $ 56 million level that existed as of October 31, 2013 for a total of approximately $ 131 million. The storm cost recovery surcharge was approved by the FPSC on March 7, 2023, and Tampa Electric began applying the surcharge on April 2023 bills. Subsequently, on November 9, 2023, the FPSC approved Tampa Electric’s petition filed on August 16, 2023 to update the total storm cost collection to approximately $ 134 million and change the collection of the expected remaining balance of approximately $ 29 million as of December 31, 2023, from over the first three months of 2024 to over the 12 months of 2024. The storm recovery is subject to review of the underlying costs for prudency by the FPSC and issuance of an order by the FPSC is expected to occur by the third quarter of 2024. In September 2023, Tampa Electric was impacted by Hurricane Idalia. The related storm restoration costs were $ 36 million, which were charged to the storm reserve regulatory asset and not included in the petition above. Tampa Electric will determine the timing of the request for recovery of Hurricane Idalia costs at a future time. 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 2023, 2024 and 2025 and was approved by the FPSC on October 4, 2022. Regulatory Assets and Liabilities Details of the regulatory assets and liabilities are presented in the following table: Regulatory Assets and Liabilities (millions) September 30, 2023 December 31, 2022 Regulatory assets: Regulatory tax asset (1) $ 111 $ 124 Cost-recovery clauses (2) 199 525 Capital cost recovery for early retired assets (3) 499 497 Environmental remediation (4) 0 20 Postretirement benefits (5) 238 272 Asset retirement obligation (6) 11 13 Storm reserve (7) 39 76 Other 19 25 Total regulatory assets 1,116 1,552 Less: Current portion 227 361 Long-term regulatory assets $ 889 $ 1,191 Regulatory liabilities: Regulatory tax liability (8) $ 478 $ 601 Cost-recovery clauses - deferred balances (2) 23 30 Accumulated reserve - cost of removal (9) 288 498 Other 24 11 Total regulatory liabilities 813 1,140 Less: Current portion 86 85 Long-term regulatory liabilities $ 727 $ 1,055 (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. (2) These assets and liabilities are related to FPSC clauses and riders, primarily related to the fuel clause and the increase in natural gas prices experienced in 2022. 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 asset is related to the remaining net book value of Big Bend Units 1 through 3 and 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 was related to PGS costs associated with environmental remediation primarily at MGP sites. (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) See "Tampa Electric Storm Restoration Cost Recovery" above for information regarding this reserve. The regulatory asset is included in rate base and earns interest as permitted by the FPSC. (8) 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. (9) 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. |