Item 8.01. Other Events.
On January 14, 2021, Duke Energy Florida, LLC ("DEF") filed a Settlement
Agreement (the "Settlement") with the Florida Public Service Commission
("FPSC"). The parties to the Settlement include DEF, the Office of Public
Counsel, the Florida Industrial Power Users Group, White Springs Agricultural
Chemicals, Inc. d/b/a PCS Phosphate, and NUCOR Steel Florida, Inc.
(collectively, the "Parties.")
Pursuant to the Settlement, the Parties agreed to a base rate stay-out provision
that expires year-end 2024; however, DEF is allowed an increase to its base
rates of an incremental $67 million in 2022, $49 million in 2023 and $79 million
in 2024, subject to adjustment in the event of tax reform durings the years
2021, 2022 or 2023. The Parties also agreed to a return on equity ("ROE") band
of 8.85% to 10.85% with a midpoint of 9.85% based on a capital structure of 53%
equity and 47% debt. The ROE band can be increased by 25 basis points if the
average 30-year US Treasury rate increases 50 basis points or more over a
six-month period, in which case the midpoint ROE would rise from 9.85% to
10.10%. DEF will retain the Department of Energy award of $173 million for spent
nuclear fuel, which is expected to be received in 2022, in order to mitigate
customer rates over the term of the Settlement. In return, DEF will be able to
recognize the $173 million into earnings from 2022 through 2024.
In addition to these terms, the Settlement contains provisions related to the
accelerated depreciation of Crystal River North coal-fired power plants, the
approval of approximately $1 billion future investments in new cost effective
solar power, the implementation of a new Electric Vehicle Charging Station
Program, and the deferral and recovery of costs in connection with the
implementation of DEF's Vision Florida program, which explores various emerging
non-carbon emitting generation technology, distributed technologies and
resiliency projects, among other things. An overview providing additional detail
on the terms of the Settlement is attached to this Form 8-K as Exhibit 99.1.
The Settlement is subject to the review and approval of the FPSC, which is
expected in the second quarter of 2021. Upon approval by the FPSC, the new rates
will be effective January 1, 2022, with subsequent base rate increases effective
January 1, 2023, and January 1, 2024.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
99.1 Duke Energy Florida 2021 Settlement Agreement Summary
104 Cover Page Interactive Data File (the cover page XBRL tags are embedded in
the Inline XBRL document).
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