8-KOther Events

NEXTERA ENERGY INC 8-K Report, Corporate Update (Dec 7, 2018)

Filed December 7, 2018For Securities:NEENEE-PNNEE-PSNEE-PTNEE-PWNEE-PVNEE-PU

Summary

This 8-K filing by NextEra Energy Inc. (NEE) on December 7, 2018, pertains to a petition filed with the Florida Public Service Commission (FPSC) by joint petitioners, including the Office of Public Counsel (OPC), Florida Retail Federation (FRF), and Florida Industrial Power Users Group (FIPUG). The petition challenges Florida Power & Light Company's (FPL) current retail rates, which were established under a 2016 agreement. The joint petitioners are seeking a refund of up to $736.8 million annually related to cost savings from the Tax Cuts and Jobs Act (tax reform) and are requesting new permanent base rates that reflect these tax savings, along with a lower regulatory return on equity and a lower equity ratio. FPL believes its actions regarding the utilization of tax savings are consistent with the 2016 rate agreement. Specifically, FPL did not seek recovery of Hurricane Irma storm restoration costs through a surcharge and instead used available reserve amortization to offset these costs. The company plans to partially restore this reserve amortization through tax savings. FPL contends that the joint petitioners' petition violates the 2016 rate agreement, as OPC and FRF were signatories to that agreement. This situation could impact FPL's future earnings and customer rates.

Key Highlights

  • 1Joint petitioners have filed a petition with the FPSC regarding FPL's retail rates.
  • 2The petition seeks an annual refund of up to $736.8 million related to tax reform cost savings.
  • 3New permanent base rates reflecting tax savings and a lower regulatory return on equity (9.6%) are requested.
  • 4FPL disputes the petition, asserting that its actions are in accordance with the 2016 rate agreement.
  • 5FPL used tax savings to offset Hurricane Irma storm restoration costs instead of imposing a customer surcharge.
  • 6The company plans to partially restore reserve amortization through ongoing tax savings.
  • 7FPL believes the petition violates the 2016 rate agreement, as key petitioners were signatories.

Frequently Asked Questions

The joint petitioners are concerned that Florida Power & Light Company (FPL) is not adequately passing on the cost savings from the Tax Cuts and Jobs Act to its customers. They are seeking significant annual refunds and a revision of FPL's base rates to reflect these tax savings and a lower overall return for the company.

FPL believes its actions are compliant with the 2016 rate agreement it has with intervenors, including the petitioners. The company utilized tax savings to absorb costs related to Hurricane Irma storm restoration instead of charging customers a surcharge, and plans to use future tax savings to replenish its reserves. FPL views the petition as a violation of the existing agreement.

The outcome of this petition could impact FPL's future revenue and profitability. If the FPSC rules in favor of the joint petitioners, FPL may be required to issue substantial refunds and adjust its rate structure downwards, potentially affecting NextEra Energy's consolidated earnings. Conversely, if FPL's position is upheld, current revenue streams would be preserved.

The key parties are Florida Power & Light Company (FPL), a subsidiary of NextEra Energy Inc., and the joint petitioners: the State of Florida Office of Public Counsel (OPC), the Florida Retail Federation (FRF), and the Florida Industrial Power Users Group (FIPUG). The Florida Public Service Commission (FPSC) is the regulatory body overseeing the decision.