8-KRegulation FDOther EventsExhibits & Filings

NEXTERA ENERGY INC 8-K Report, Regulation FD Disclosure (Aug 25, 2005)

Filed August 25, 2005For Securities:NEENEE-PNNEE-PSNEE-PTNEE-PWNEE-PVNEE-PU

Summary

This 8-K filing from NextEra Energy Inc. (NEE), specifically addressing Florida Power & Light Company (FPL), announces the approval of the 2006 rate agreement by the Florida Public Service Commission (FPSC). This agreement, effective through December 31, 2009, will significantly impact FPL's retail base rates. Key aspects include a freeze on retail base rate increases through 2006 and a continuation of a revenue-sharing mechanism with customers, where excess revenues are split. This agreement provides FPL with significant flexibility by allowing reductions in depreciation expense, suspension of contributions to nuclear decommissioning and storm/property insurance funds, and pathways to recover costs for new power plants and regional transmission organization compliance.

Key Highlights

  • 1FPSC approved the 2006 rate agreement for FPL's retail base rates, effective through December 31, 2009.
  • 2Retail base rates will not increase through December 31, 2006.
  • 3A revenue-sharing mechanism with customers continues, with excess revenues split 2/3 to customers and 1/3 to FPL, or 100% to customers above a higher threshold.
  • 4FPL can reduce annual depreciation on generating plants by up to $125 million.
  • 5Suspension of annual contributions to the nuclear decommissioning fund (approx. $78 million) and storm/property insurance reserve fund (approx. $20.3 million) is permitted.
  • 6FPL can recover revenue requirements for new power plants and costs for complying with FPSC orders on RTOs.
  • 7The agreement establishes a specific revenue-sharing mechanism for earnings levels, with a provision for FPL to petition for rate amendments if the regulatory ROE falls below 10%.

Frequently Asked Questions

Customers will benefit from retail base rates not increasing through December 31, 2006. Additionally, a revenue-sharing mechanism ensures that if FPL's revenues exceed certain thresholds, a portion of those excess revenues will be refunded to customers.

The agreement allows FPL to reduce depreciation expense on its generating plants, suspend contributions to its nuclear decommissioning fund and storm/property insurance reserve fund, and provides mechanisms to recover costs for new power plants and regional transmission organization compliance. This provides FPL with greater control over its cash flow and cost recovery.

The revenue-sharing mechanism involves FPL sharing excess retail base operations revenues with customers. Revenues above a certain threshold are shared on a two-thirds customer/one-third FPL basis. Revenues above a higher threshold are refunded 100% to customers. This mechanism is the primary way FPL's earnings levels will be addressed, as there is no authorized regulatory return on equity (ROE) for earnings level purposes under this agreement. However, if FPL's reported ROE falls below 10%, it can petition the FPSC to amend its base rates.

The 2006 rate agreement was approved by the FPSC on August 24, 2005, and will be in effect through December 31, 2009. It will continue in effect thereafter until a new retail base rate order from the FPSC becomes effective.