8-KOther Events

SOUTHERN CO 8-K Report, Corporate Update (May 15, 2017)

Filed May 15, 2017For Securities:SOSOJESOJFSOJCSOJDSOMN

Summary

This 8-K filing from Southern Company (SO) provides critical updates regarding the ongoing construction of Plant Vogtle Units 3 and 4, specifically addressing the implications of the contractor, Westinghouse Electric Company LLC and WECTEC Global Project Services Inc. (collectively, "Westinghouse"), filing for Chapter 11 bankruptcy protection. The company highlights the entry into an Interim Assessment Agreement and a subsequent Second Amendment to extend its term, which facilitates payment for administrative expenses related to the construction project during this period. Furthermore, Southern Company's subsidiary, Georgia Power, has reached an agreement in principle on the terms of a Services Agreement Term Sheet. This agreement outlines the contractor's role in providing design, engineering, and procurement services should Westinghouse reject the original agreement and Southern Nuclear Operating Company assume control of construction. Significant financial risk remains concerning the Toshiba Corporation's guarantee of certain contractor obligations, given Toshiba's own financial instability and potential for substantial charges. Southern Company and the other Vogtle Owners are actively assessing the impact of the bankruptcy on construction costs and schedules, and are engaged in negotiations with Toshiba. The company emphasizes that the ultimate outcome of these complex matters is uncertain and subject to numerous risks and uncertainties, including regulatory approvals, potential cost overruns, and the contractor's bankruptcy proceedings. Investors should closely monitor developments concerning Plant Vogtle, the contractor's bankruptcy, and Toshiba's financial health.

Key Highlights

  • 1Westinghouse Electric Company and WECTEC Global Project Services Inc. have filed for Chapter 11 bankruptcy protection, impacting the Plant Vogtle Units 3 and 4 construction project.
  • 2Georgia Power, acting as agent for the Vogtle Owners, has entered into an Interim Assessment Agreement with the contractor and WECTEC Staffing Services LLC, which has been extended through June 3, 2017.
  • 3An agreement in principle has been reached on a Services Agreement Term Sheet for Westinghouse to provide design, engineering, and procurement services if Southern Nuclear Operating Company assumes control of construction.
  • 4Toshiba Corporation's guarantee of certain contractor obligations presents substantial risk due to Toshiba's own financial difficulties and potential need for further charges.
  • 5Southern Company and the Vogtle Owners are conducting comprehensive assessments of the impact of the bankruptcy on project costs and schedules.
  • 6Negotiations with Toshiba regarding the guarantee are ongoing, but full collection remains uncertain due to Toshiba's financial situation.
  • 7The ultimate outcome of these matters is currently undetermined and subject to significant risks and uncertainties.

Frequently Asked Questions

This 8-K filing is primarily to inform investors about significant developments related to the construction of Plant Vogtle Units 3 and 4, specifically the bankruptcy filing of the contractor, Westinghouse Electric Company LLC and WECTEC Global Project Services Inc., and the company's ongoing efforts to manage the project and associated risks.

The construction is ongoing under interim agreements that address administrative expenses. Southern Company and the Vogtle Owners are assessing the impact of the bankruptcy on costs and schedules and have an agreement in principle for future services should Southern Nuclear Operating Company take over management.

Toshiba Corporation provided a guarantee for certain contractor obligations. However, due to Toshiba's own financial instability and potential for substantial charges, there is a significant risk that the Vogtle Owners may not be able to fully collect under this guarantee.

Southern Company, through Georgia Power, is continuing to conduct cost and schedule assessments, is negotiating with Toshiba, and will work with the Georgia Public Service Commission and other Vogtle Owners to determine future actions related to Plant Vogtle Units 3 and 4.