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Commitments and Contingencies
12 Months Ended
Dec. 31, 2022
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies
13.
Commitments and Contingencies

Purchase Obligations and Commitments

 

The following table presents the Registrants' future purchase obligations and commitments estimated for the next five years.

(In millions)

 

2023

 

 

2024

 

 

2025

 

 

2026

 

 

2027

 

 

Total

 

Purchase obligations and commitments:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minimum purchase commitments

 

$

110.0

 

 

$

92.2

 

 

$

66.4

 

 

$

24.6

 

 

$

24.6

 

 

$

317.8

 

Expected wind purchase commitments

 

 

56.0

 

 

 

56.6

 

 

 

56.9

 

 

 

57.3

 

 

 

57.7

 

 

 

284.5

 

Long-term service agreement commitments

 

 

2.7

 

 

 

14.5

 

 

 

2.8

 

 

 

17.1

 

 

 

23.8

 

 

 

60.9

 

Total purchase obligations and commitments

 

$

168.7

 

 

$

163.3

 

 

$

126.1

 

 

$

99.0

 

 

$

106.1

 

 

$

663.2

 

OG&E Minimum Purchase Commitments

 

OG&E has coal contracts for purchases through December 31, 2025. OG&E may also purchase coal through spot purchases on an as-needed basis. As a participant in the SPP Integrated Marketplace, OG&E purchases its natural gas supply through short-term agreements. OG&E relies on a combination of natural gas base load agreements and call agreements, whereby OG&E has the right but not the obligation to purchase a defined quantity of natural gas, combined with day and intra-day purchases to meet the demands of the SPP Integrated Marketplace.

 

OG&E has natural gas transportation service contracts with Energy Transfer, ONEOK, Inc. and Southern Star. The contracts with Energy Transfer end in December 2024 and December 2038; the contracts with ONEOK, Inc. end in March 2024 and August 2037; and the contract with Southern Star ends in June 2024. These transportation contracts grant Energy Transfer, ONEOK, Inc. and Southern Star the responsibility of delivering natural gas to OG&E's generating facilities.

OG&E Wind Power Purchase Commitments

 

The following table presents OG&E's wind purchased power contracts.

Company

Location

Original Term of
Contract

Expiration of
Contract

MWs

 

CPV Keenan

Woodward County, OK

20 years

2030

 

152.0

 

Edison Mission Energy

Dewey County, OK

20 years

2031

 

130.0

 

NextEra Energy

Blackwell, OK

20 years

2032

 

60.0

 

 

The following table presents a summary of OG&E's wind power purchases for the years ended December 31, 2022, 2021 and 2020.

Year Ended December 31 (In millions)

 

2022

 

 

2021

 

 

2020

 

CPV Keenan

 

$

25.8

 

 

$

27.3

 

 

$

27.5

 

Edison Mission Energy

 

 

24.9

 

 

 

21.7

 

 

 

22.8

 

NextEra Energy

 

 

7.3

 

 

 

6.8

 

 

 

7.0

 

Total wind power purchased

 

$

58.0

 

 

$

55.8

 

 

$

57.3

 

OG&E Long-Term Service Agreement Commitments

 

OG&E has a long-term parts and service maintenance contract for the upkeep of the McClain Plant. In May 2013, a new contract was signed that is expected to run for the earlier of 128,000 factored-fired hours or 4,800 factored-fired starts. In December 2015, the McClain Long-Term Service Agreement was amended to define the terms and conditions for the exchange of spare rotors between OG&E and General Electric International, Inc. Based on historical usage and current expectations for future usage, this contract is expected to run until 2035. The contract requires payments based on both a fixed and variable cost component, depending on how much the McClain Plant is used.

 

OG&E has a long-term parts and service maintenance contract for the upkeep of the Redbud Plant. In March 2013, the contract was amended to extend the contract coverage for an additional 24,000 factored-fired hours resulting in a maximum of the earlier of 144,000 factored-fired hours or 4,500 factored-fired starts. Based on historical usage and current expectations for future usage, this contract is expected to run until 2032. The contract requires payments based on both a fixed and variable cost component, depending on how much the Redbud Plant is used.

Environmental Laws and Regulations

 

The activities of OG&E are subject to numerous stringent and complex federal, state and local laws and regulations governing environmental protection. These laws and regulations can change, restrict or otherwise impact the Registrants' business activities in many ways, including the handling or disposal of waste material, planning for future construction activities to avoid or mitigate harm to threatened or endangered species and requiring the installation and operation of emissions or pollution control equipment. Failure to comply with these laws and regulations could result in the assessment of administrative, civil and criminal penalties, the imposition of remedial requirements and the issuance of orders enjoining future operations. Management believes that all of the Registrants' operations are in substantial compliance with current federal, state and local environmental standards.

 

Environmental regulation can increase the cost of planning, design, initial installation and operation of OG&E's facilities. Management continues to evaluate its compliance with existing and proposed environmental legislation and regulations and implement appropriate environmental programs in a competitive market.

 

CO2 Emission Limits for Existing Generating Units

 

On January 19, 2021, the U.S. Court of Appeals vacated the EPA's latest effort to adopt CO2 emissions standards for existing coal-fired electric generating units, and the court remanded the matter to the EPA for further consideration. The EPA has indicated that administrative proceedings to respond to the U.S. Court of Appeals' remand in a new rulemaking action are ongoing but has not announced rulemaking details. The decision was based on the court's conclusion that the Clean Air Act does not require the EPA to limit the standards to measures that can be applied at and to an existing unit. On October 29, 2021, the U.S. Supreme Court granted petitions to review the decision and heard oral arguments on February 28, 2022. On June 22, 2022, the U.S. Supreme Court ruled that the approach the EPA took in the rule exceeded the powers granted by Congress and remanded greenhouse gas regulation for existing units to the EPA. With the ruling and remand by the U.S. Supreme Court, there continues to be no applicable greenhouse gas regulation for existing power plants, although a requirement for significant reduction of CO2 emissions from existing fossil-fuel-fired power plants ultimately could result in significant additional compliance costs that would affect the Registrants' future financial position, results of operations and cash flows if such costs are not recovered through regulated rates.

Other

 

In the normal course of business, the Registrants are confronted with issues or events that may result in a contingent liability. These generally relate to lawsuits or claims made by third parties, including governmental agencies. When appropriate, management consults with legal counsel and other experts to assess the claim. If, in management's opinion, the Registrants have incurred a probable loss as set forth by GAAP, an estimate is made of the loss, and the appropriate accounting entries are reflected in the financial statements. At the present time, based on currently available information, the Registrants believe that any reasonably possible losses in excess of accrued amounts arising out of pending or threatened lawsuits or claims would not be quantitatively material to their financial statements and would not have a material adverse effect on their financial position, results of operations or cash flows.