8-KOther Events

XCEL ENERGY INC 8-K Report, Corporate Update (Sep 10, 2018)

Filed September 10, 2018For Securities:XELXELLL

Summary

This 8-K filing by Xcel Energy Inc. (XEL) provides an update on the electric rate case for its subsidiary, Southwestern Public Service Company (SPS), in New Mexico. The New Mexico Public Regulation Commission (NMPRC) has issued a final order resulting in an $8 million revenue increase for SPS, effective September 26, 2018. This represents a modest 2.1% increase in overall jurisdictional revenues and is lower than SPS's initially requested $43 million, and even its revised request of $27 million. More significantly for investors, the NMPRC also mandated a $10 million refund of Tax Cuts and Jobs Act (TCJA) impacts, retroactive to January 1, 2018, to be refunded over 18 months. SPS has appealed this decision to the New Mexico Supreme Court, arguing it is illegal due to prohibiting retroactive ratemaking and results in unjust rates. A motion to stay the refund implementation is also pending. The outcome of this legal challenge introduces a notable uncertainty for Xcel Energy's financial performance.

Key Highlights

  • 1The NMPRC issued a final order approving an $8 million revenue increase for Xcel Energy's subsidiary, SPS, effective September 26, 2018.
  • 2This approved revenue increase is substantially lower than SPS's original request of $43 million and revised request of $27 million.
  • 3The NMPRC ordered SPS to refund $10 million related to the Tax Cuts and Jobs Act (TCJA) impacts, retroactive to January 1, 2018.
  • 4The approved revenue increase translates to a 2.1% rise in SPS's overall jurisdictional revenues.
  • 5SPS has filed an appeal with the New Mexico Supreme Court challenging the NMPRC's final order, particularly the retroactive refund.
  • 6SPS has also filed a motion to stay the implementation of the $10 million TCJA refund pending the appeal's outcome.
  • 7The appeal and motion to stay introduce potential financial uncertainty and risk for investors related to the refund obligation.

Frequently Asked Questions

The NMPRC approved an $8 million revenue increase for SPS, which is positive. However, this is offset by a $10 million ordered refund of TCJA impacts. The net immediate financial impact appears to be a negative $2 million, in addition to the significant reduction from the originally requested rate increase. The appeal and motion to stay introduce further uncertainty regarding the refund.

SPS is appealing on the grounds that the NMPRC's findings are contrary to the factual record and do not result in just and reasonable rates as required by law. Specifically, SPS considers the retroactive refund of TCJA impacts to be illegal because it violates the prohibition on retroactive ratemaking.

The motion for a stay seeks to delay the implementation of the $10 million retroactive refund related to the TCJA until the New Mexico Supreme Court issues its decision on SPS's appeal. SPS argues this is necessary to prevent irreparable harm to the company and its investors because the court's relief is prospective only.

If SPS's appeal is unsuccessful, Xcel Energy will be obligated to refund the $10 million related to the TCJA impacts, which will negatively affect earnings over the 18-month refund period. If the appeal is successful, SPS may avoid this refund, potentially leading to better-than-expected financial results. The uncertainty surrounding this legal process introduces risk for investors.