8-KRegulation FDExhibits & Filings

Duke Energy CORP 8-K Report, Regulation FD Disclosure (Dec 14, 2020)

Filed December 14, 2020For Securities:DUKDUKBDUK-PA

Summary

Duke Energy (DUK) reported on a significant development regarding its coal ash management costs in North Carolina. The North Carolina Supreme Court issued an opinion upholding the North Carolina Utilities Commission's (NCUC) decision to allow Duke Energy Carolinas, LLC (DEC) and Duke Energy Progress, LLC (DEP) to recover costs associated with coal ash management and safe basin closure. This ruling is crucial as it validates the inclusion of these costs in the companies' cost of service and allows for a return on the unamortized balance of these expenses. While the court remanded one specific issue to the NCUC for further consideration regarding an equitable sharing argument by the North Carolina Public Staff, Duke Energy does not anticipate any accounting implications or impacts on customer rates from this specific remand. The company is awaiting decisions on pending rate cases that include requests for additional coal ash cost recovery, with orders expected in the near future. Investors should note that this ruling provides regulatory clarity and support for the recovery of significant environmental compliance expenditures.

Key Highlights

  • 1North Carolina Supreme Court upheld NCUC's decision to allow recovery of coal ash management and closure costs for DEC and DEP.
  • 2The ruling validates including coal ash costs in the cost of service.
  • 3The Court also affirmed the NCUC's discretion to allow a return on the unamortized balance of coal ash costs.
  • 4A single issue regarding the Public Staff's equitable sharing argument was remanded to the NCUC for further consideration.
  • 5Duke Energy does not expect the Court's opinion to result in any accounting implications or impact customer rates.
  • 6Pending rate cases before the NCUC include requests for additional coal ash cost recovery, with orders anticipated in early 2021.

Frequently Asked Questions

The primary impact is positive for Duke Energy, as the North Carolina Supreme Court upheld the North Carolina Utilities Commission's (NCUC) decision allowing Duke Energy Carolinas and Duke Energy Progress to recover costs related to coal ash management and safe basin closure. This decision provides regulatory certainty and support for these significant environmental expenditures.

Duke Energy does not believe the Court's opinion will result in any accounting implications or impact customer rates. While one issue was remanded to the NCUC concerning an equitable sharing argument, the company expects this to be resolved without negative financial consequences for customers.

Duke Energy has pending rate cases before the NCUC that include requests for recovery of additional coal ash costs. The company anticipates an order in the Duke Energy Carolinas case by mid-January 2021, followed by an order in the Duke Energy Progress case approximately one month later.

A remand means the Supreme Court sent the issue back to the lower regulatory body (the NCUC) to address further. In this case, the NCUC needs to consider the North Carolina Public Staff's argument about equitable sharing of costs. The NCUC has previously rejected this argument, and Duke Energy is awaiting further details from the NCUC on how they will consider this specific issue.