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REGULATORY ACTIONS
12 Months Ended
Dec. 31, 2011
REGULATORY ACTIONS [Abstract]  
REGULATORY ACTIONS

NOTE 3.       REGULATORY ACTIONS

 

The Utilities are subject to the jurisdiction of the PUCN and in the case of SPPC in prior years, the CPUC with respect to rates, standards of service, siting of and necessity for generation and certain transmission facilities, accounting, issuance of securities and other matters with respect to electric distribution and transmission operations.  However, on January 1, 2011, SPPC sold its California Assets, as discussed further in Note 16, Assets Held for Sale, and therefore is no longer subject to the jurisdiction of the CPUC. Under federal law, the Utilities are subject to certain jurisdictional regulation, primarily by the FERC.  The FERC has jurisdiction under the Federal Power Act with respect to rates, service, interconnection, accounting and other matters in connection with the Utilities' sale of electricity for resale and interstate transmission.

 

As a result of regulation, the Utilities are required to file annual electric and gas DEAA, EEIR and EEPR cases by March 1, and triennial GRCs.  In addition, the Utilities may also file quarterly DEAA and BTER updates for the Utilities' electric and gas departments. Reference Note 1, Summary of Significant Accounting Policies for further discussion of the various rate components. Detailed below are Deferred Energy Costs which relate to the DEAA and BTER filings and further below are other regulatory assets and liabilities which primarily relate to the GRCs.  Additionally, significant pending or settled rate cases are discussed below.

 

The following deferred energy amounts were included in the consolidated balance sheets as of December 31 for the years shown below (dollars in thousands):

     2011 
    NVE Total  NPC Electric SPPC Electric SPPC Gas 
 Deferred Energy             
  Cumulative Balance authorized in 2011 DEAA$(334,102)  $(189,032) (1)$(115,955) $(29,115) 
  2011 Amortization 247,489   120,340  104,909  22,240 
  2011 Deferred Energy Over Collections(2) (173,466)   (106,022)  (45,291)  (22,153) 
 Deferred Energy Balance at December 31, 2011 - Subtotal $(260,079)  $(174,714) $(56,337) $(29,028) 
 Reinstatement of deferred energy (effective 6/07, 10 years) 117,440   117,440   -   - 
                 
   Total Deferred Energy$(142,639)  $(57,274) $(56,337) $(29,028) 
                 
 Deferred Assets             
  Deferred energy$102,525  $102,525 $ - $ - 
 Current Liabilities             
  Deferred energy (245,164)   (159,799)  (56,337)  (29,028) 
   Total Deferred Energy$(142,639)  $(57,274) $(56,337) $(29,028) 

(1) Refer to NPC 2011 DEAA “Settled Regulatory Actions” below for separate discussion regarding rate offset of this balance.

(2) These deferred energy over collections will be filed in the March 2012 DEAA filings.

     2010 
    NVE Total NPC Electric SPPC Electric SPPC Gas 
 Nevada Deferred Energy            
  Cumulative Balance authorized in 2010 DEAA(1)$(220,064) $(102,398) (2)$(100,625) $(17,041) 
  2010 Amortization 74,215  22,441  40,682  11,092 
  2010 Deferred Energy Over Collections(3) (184,776)  (106,178)  (55,615)  (22,983) 
 Nevada Deferred Energy Balance at December 31, 2010 - Subtotal $(330,625) $(186,135) $(115,558) $(28,932) 
 Cumulative CPUC balance(4) (3,210)   -  (3,210)   - 
 Reinstatement of deferred energy (effective 6/07, 10 years) 132,409  132,409   -   - 
                
   Total Deferred Energy$(201,426) $(53,726) $(118,768) $(28,932) 
                
 Deferred Assets            
  Deferred energy$117,623 $117,623 $0 $0 
 Current Liabilities            
  Deferred energy (315,839)  (171,349)  (115,558)  (28,932) 
  Liabilities held for sale (3,210)   -  (3,210)  - 
   Total Deferred Energy$(201,426) $(53,726) $(118,768) $(28,932) 

(1)       These deferred costs include PUCN ordered adjustments.

(2)       Refer to NPC DEAA under “Settled Regulatory Actions” below for separate discussion regarding the NPC rate offset of their 2010 cumulative balance against their deferred rate increase included in other regulatory assets.

(3)       These deferred over collections were requested in March 2011 DEAA filings.

(4)       Refer to Note 16, Assets Held For Sale.

As discussed in Note 1, Summary of Significant Accounting Policies, regulatory assets represent incurred costs that have been deferred because it is probable they will be recovered through future rates collected from customers.  If at any time the incurred costs no longer meet these criteria, these costs are charged to earnings.  Regulatory liabilities generally represent obligations to make refunds to customers for previous collections, except for cost of removal which represents the cost of removing future electric and gas assets.  Management regularly assesses whether the regulatory assets are probable of future recovery by considering actions of regulators, current laws related to regulation, applicable regulatory environment changes and the status of any current, pending or potential legislation.  Detailed below are Other Regulatory Assets and Liabilities included in the balance sheet of NVE, NPC and SPPC and their current regulatory treatment as of December 31 (dollars in thousands):

   NVE   
   OTHER REGULATORY ASSETS AND LIABILITIES   
                   
  As of December 31, 2011  
  Remaining Receiving Regulatory Treatment Pending    As of
DESCRIPTION Amortization Earning a Not Earning Regulatory 2011 December 31, 2010
  Period Return(1) a Return Treatment Total Total
Regulatory assets                 
 Loss on reacquired debt Term of Related Debt $72,408 $- $- $72,408 $84,692
 Income taxes Various  -  251,314  -  251,314  257,078
 Merger costs Various thru 2046  -  268,668  -  268,668  282,535
 Lenzie Generating Station 2042  -  67,351  -  67,351  77,524
 Mohave Generating Station and deferred costs 2017  9,861  12,654  1,645 (2) 24,160  25,849
 Piñon Pine Various thru 2029  27,377  7,016  -  34,393  38,960
 Asset retirement obligations -  -  -  67,891 (2) 67,891  55,182
 Conservation programs Various thru 2017  151,035  -  7,412 (3) 158,447  177,515
 EEPR Various thru 2013  30,379  -  -  30,379  30,409
 Ely Energy Center 2017  -  23,403  34,563 (2) 57,966  -
 Legacy Meters -  -  -  21,777 (2) 21,777  -
 Renewable energy programs 2013  29,592  -  -  29,592  2,627
 Peabody coal costs -  -  17,899  -  17,899  17,738
 Deferred Rate Increase 2011  12,177  -  -  12,177  91,678
 Risk management -  -  2,426  -  2,426  30,726
 Other costs Various thru 2031  24,229  33,852  11,198 (2, 3) 69,279  64,646
 Subtotal - $357,058 $684,583 $144,486 $1,186,127 $1,237,159
 Pensions -   -  215,656   -  215,656  269,472
Total regulatory assets   $357,058 $900,239 $144,486 $1,401,783 $1,506,631
                  
Regulatory liabilities                 
 Cost of removal Various $422,033 $- $- $422,033 $382,634
 Income taxes Various  -  17,433  -  17,433  19,506
 Gain on property sales 2013  4,444  -  32,844 (3) 37,288  7,151
 Renewable energy programs 2012  1,046  -   -  1,046  10,234
 Other Various thru 2017  6,183  -  2,276  8,459  8,589
Total regulatory liabilities   $433,706 $17,433 $35,120 $486,259 $428,114

   NPC   
   OTHER REGULATORY ASSETS AND LIABILITIES   
                   
  As of December 31, 2011  
  Remaining Receiving Regulatory Treatment Pending    As of
DESCRIPTION Amortization Earning a Not Earning Regulatory 2011 December 31, 2010
  Period Return(1) a Return Treatment Total Total
Regulatory assets                 
 Loss on reacquired debt Term of Related Debt $39,958 $ - $- $39,958 $43,765
 Income taxes Various  -  178,060  -  178,060  174,022
 Merger costs Various thru 2044  -  168,212  -  168,212  176,974
 Lenzie Generating Station 2042  -  67,351  -  67,351  77,524
 Mohave Generating Station and deferred costs Various thru 2017  9,861  12,654  1,645 (2) 24,160  25,849
 Asset retirement obligations -  -  -  60,797 (2) 60,797 48,970
 Conservation programs Various thru 2017  129,885  -  4,004 (3) 133,889  144,107
 EEPR Various thru 2013  25,250  -  -  25,250  24,905
 Ely Energy Center 2017  -  23,403  22,970 (2) 46,373  -
 Legacy Meters -  -  -  21,777 (2) 21,777  -
 Renewable energy programs 2013  10,694  -  -  10,694  -
 Peabody coal costs -  -  17,899  -  17,899  17,738
 Risk management -  -  2,426  -  2,426  20,261
 Deferred Rate Increase 2011  12,177  -  -  12,177  91,678
 Other costs 2017  13,324  21,772  8,870 (2, 3) 43,966  26,189
 Subtotal - $241,149 $491,777 $120,063 $852,989 $871,982
 Pensions -   -  108,528   -  108,528  133,410
Total regulatory assets   $241,149 $600,305 $120,063 $961,517 $1,005,392
                  
                  
Regulatory liabilities                 
 Cost of removal Various $232,093 $ - $- $232,093 $208,795
 Income taxes Various  -  5,798  -  5,798  6,557
 Gain on property sales -  -  -  32,844 (3) 32,844  0
 Renewable energy programs 2013  1,046  -  -  1,046  7,797
 Other 2017  925  -  2,245  3,170  2,834
Total regulatory liabilities   $234,064 $5,798 $35,089 $274,951 $225,983

   SPPC   
   OTHER REGULATORY ASSETS AND LIABILITIES   
                   
  As of December 31, 2011  
  Remaining Receiving Regulatory Treatment Pending    As of
DESCRIPTION Amortization Earning a Not Earning Regulatory 2011 December 31, 2010
  Period Return(1) a Return Treatment Total Total
Regulatory assets                 
 Loss on reacquired debt Term of Related Debt $32,450 $ - $ - $32,450 $40,927
 Income taxes Various   -  73,254   -  73,254  83,056
 Merger costs Various thru 2046   -  100,456   -  100,456  105,561
 Risk management -   -   -   -   -  10,465
 Piñon Pine Various thru 2029  27,377  7,016   -  34,393  38,960
 Asset retirement obligations -   -   -  7,094 (2) 7,094 6,212
 Conservation programs Various thru 2013  21,150   -  3,408 (3) 24,558  33,408
 EEPR Various thru 2013  5,129   -   -  5,129  5,504
 Renewable energy programs 2013  18,898   -   -  18,898  2,627
 Ely Energy Center -   -   -  11,593 (2) 11,593   -
 Other costs Various thru 2031  10,905  12,080  2,328 (2, 3) 25,313  38,457
 Subtotal - $115,909 $192,806 $24,423 $333,138 $365,177
 Pensions -   -  104,159   -  104,159  131,734
Total regulatory assets   $115,909 $296,965 $24,423 $437,297 $496,911
                  
                   
Regulatory liabilities                 
 Cost of removal Various $189,940 $ - $ - $189,940 $173,839
 Income taxes Various   -  11,635   -  11,635  12,949
 Gain on property sales 2013  4,444   -   -  4,444  7,151
 Renewable energy programs -   -   -   -   -  2,437
 Other costs Various thru 2043  5,258   -  31 (3) 5,289  5,755
Total regulatory liabilities   $199,642 $11,635 $31 $211,308 $202,131

(1)       Earning a return includes either a carrying charge on the asset/liability balance, or a return as a component of rate base.

(2)       Pending regulatory treatment includes either amounts which have prior regulatory precedent or have been approved and are subject to prudency review.

(3)       Assets which are allowed to earn a carrying charge until included in rates. Reference Note 1, Summary of Significant Accounting Policies, Equity Carrying Charges.

Regulatory Actions

 

Nevada Power Company and Sierra Pacific Power Company

 

       Quarterly DEAA Applications

 

       In 2011, the Legislature passed Assembly Bill 215 which allows an electric or gas utility that adjusts its BTER on a quarterly basis to request PUCN approval to make quarterly changes to its DEAA rate if the request is in the public interest. The Utilities will still be required to file an annual DEAA case to review costs for prudency and reasonableness, and if any costs are disallowed on such grounds, the disallowance will be incorporated into the next subsequent quarterly rate change. SPPC filed an application to change its quarterly DEAA rates for both electric and gas in July 2011, and in October 2011, the PUCN accepted a stipulation authorizing the first quarterly adjustments to the electric and gas DEAAs to become effective on January 1, 2012. NPC filed an application to change its quarterly DEAA in October 2011, and in December 2011, the PUCN accepted a stipulation authorizing the first quarterly adjustment to the DEAA to become effective on April 1, 2012.

 

       Energy Efficiency Implementation Rate (EEIR) and Energy Efficiency Program Rate (EEPR)

 

              EEIR

 

       In 2009, the Nevada Legislature passed Senate Bill 358, which required the PUCN to adopt regulations authorizing an electric utility to recover lost revenue that is attributable to the measurable and verifiable effects associated with the implementation of efficiency and conservation programs approved by the PUCN. As a result, the PUCN opened Docket No. 09-07016 to amend and adopt the regulation. The regulation was adopted by the Legislature on July 22, 2010. Accordingly, as of August 1, 2010, the Utilities began recording the amount of additional revenues which are objectively determinable and probable of recovery and are attributable to reduced kWh sales related to energy efficiency programs, prior to their inclusion in rates in accordance with FASC 980-605-25, Alternative Revenue Programs.

 

       In October 2010, the Utilities filed to set 2011 base rates effective mid 2011 to recover approximately $35.1 million and $7.6 million for NPC and SPPC, respectively, for estimated reduced kWh sales related to the Utilities' energy efficiency programs. Annually, thereafter, the Utilities will make a filing in March, to adjust rates and set a clearing rate or EEIR for over or under collected balances, effective in October of the same year. In May 2011, the PUCN issued a final order on the October 2010 filing authorizing increases to the base rates of $14.5 million and $2.6 million for NPC and SPPC, respectively, effective July 1, 2011. As a result of the May order, in June 2011, NPC and SPPC recorded a pre-tax adjustment to earnings for revenue previously recorded of approximately $4.5 million and $4.1 million, respectively. As of December 31, 2011, NPC and SPPC have recognized 2011 revenues of approximately $15.5 million and $2.5 million, respectively, of the authorized EEIR base amounts.

In March 2011, the Utilities filed applications with their annual DEAA filings to reset the base rates and clear the accumulated in regulatory asset accounts between August 1, 2010 and December 31, 2010, with rates effective October 2011. Reference further discussion below at NPC and SPPC DEAA, TRED, REPR, EEIR, EEPR Rate Filing.

 

              EEPR

 

                     In addition, the regulation approved the transition of the recovery of energy efficiency program costs from general rates (filed every 3 years) to recovery through independent annual rate filings. Accordingly, in their filing made in October 2010, the Utilities requested to set base rates beginning mid 2011 to recover the 2011 costs of implementing energy efficiency program costs of approximately $71.0 million and $12.1 million for NPC and SPPC, respectively. In May 2011, the PUCN issued a final order authorizing increases to the base rates of $58.4 million and $9.7 million for NPC and SPPC, respectively, effective July 1, 2011. As of December 31, 2011, NPC and SPPC have recorded $37.3 million and $6.2 million respectively, of EEPR revenues. Costs accumulated between August 1, 2010 and December 31, 2010 were requested for recovery in the March 2011 filing with rates effective October 2011. Reference further discussion below at NPC and SPPC DEAA, TRED, REPR, EEIR, EEPR Rate Filing.

 

   Ely Energy Center

 

        In February 2011, NVE and the Utilities cancelled plans to construct the EEC due to increasing environmental and economic uncertainties. In June 2009, the Utilities filed to withdraw the initial construction application under the Utility Environmental Protection Act (UEPA) filed in 2006 due to postponing the construction of the EEC. The PUCN had previously approved the Utilities spending on development costs and farming assets for the EEC up to $130 million, of which the Utilities have spent and recorded as an other deferred asset approximately $58.0 million as of December 31, 2011. In compliance with the SPPC 2010 Electric GRC, SPPC filed a separate application concurrent with the filing of NPC's GRC filed in June 2011, to determine the reasonableness of the EEC project development costs and farming assets and proposed reclassification of these costs from a deferred debit to a regulatory asset. In December 2011, the PUCN authorized recovery of approximately $23.2 million of the development costs for NPC and reclassification of $23.1 million of farming assets to a regulatory asset for NPC. The PUCN also authorized SPPC to reclassify approximately $11.6 million of development costs and farming assets to regulatory asset accounts. In accordance with NPC's December 2011 GRC order, farming assets on NPC and SPPC are subject to prudence review in a subsequent filing to the PUCN.

 

Nevada Power Company

 

              NPC 2011 GRC

 

                     In June 2011, NPC filed its statutorily required triennial GRC and updated the filing in August 2011. The filing, as updated requested an ROE of 11.25% and ROR of 8.64% and an increase to general revenues of $249.9 million. The PUCN issued its order in December 2011, which resulted in the following significant items:

 

  • Increase in general rates of $158.6 million, approximately an 8.3% overall increase effective January 1, 2012;
  • ROE and ROR of 10.0% and 8.09%, respectively;
  • Recovery of approximately $635.9 million, excluding AFUDC, for the 500 MW (nominally rated) expansion at the Harry Allen Generating Station;
  • Recovery of approximately $23.2 million for EEC project development costs;
  • Recovery of approximately $17.7 million for demand side management costs;
  • Recovery of approximately $12.7 million for Mohave Generating Station closure costs;
  • Postpone final regulatory treatment of EWAM Phase 1 of approximately $46.9 million pending project completion and prudency review of NPC's subsequent GRC filing; and
  • Various other rate case adjustments for the Harry Allen Generating Station, Clark Peaking Units, and the EEC, offset by regulatory asset treatment for operating expenses for a net decrease to NVE's fourth quarter 2011 consolidated net income of approximately $15.9 million before tax.

 

NPC 2011 DEAA, TRED, REPR, EEIR, EEPR Rate Filings

 

       In March 2011, NPC filed an application to establish a new DEAA to refund over-collected purchased power and fuel costs and reset or establish several other rate elements (TRED, REPR, EEIR and EEPR). In September 2011, the PUCN accepted stipulations which resulted in an overall decrease in revenue requirement of approximately $78.6 million. The PUCN authorized the refund and recovery of the following amounts (dollars in millions):

              
     Effective Date Authorized Revenue Requirement Present Revenue Requirement $ Change in Revenue Requirement 
           
           
 Revenue Requirement Subject To Change:           
  DEAAOct. 2011 $(188.9) $(101.0) $(87.9) 
  REPROct. 2011  8.6  29.8  (21.2) 
  TREDOct. 2011  18.1  16.3  1.8 
  EEPR BaseOct. 2011  58.4  58.4   -  
  EEPR AmortizationOct. 2011  21.3   -   21.3 
  EEIR BaseOct. 2011  17.1  14.5  2.6 
  EEIR AmortizationOct. 2011  4.8 (1)  -   4.8 
   Total Revenue Requirement  $(60.6) $18.0 $(78.6) 

(1)       In accordance with Alternative Revenue Accounting, NPC recognized approximately $4.8 million in revenues pertaining to 2010. Based on the order from the PUCN in May 2011, which clarified the calculation of EEIR revenues, NPC does not expect to record further revenue from this rate request; however, NPC does expect to collect approximately $4.8 million from its customers.

NPC 2010 DEAA

 

In March 2010, NPC filed an application to create a new DEAA rate. In its application, NPC requested to refund $102 million of deferred fuel and purchased power costs. Separately, NPC filed a petition to offset the NPC DEAA over collection (credit balance) of $102 million against the deferred BTGR debit balance of $95.8 million. The BTGR debit balance of $95.8 million was a result of NPC's 2008 GRC, which granted NPC approval to defer billings of its rate increase from July 1, 2009 to December 31, 2009 in a regulatory asset for which NPC recognized revenues in 2009. The PUCN consolidated both dockets for hearing purposes.

In September 2010, the PUCN accepted a stipulation for the DEAA and BTGR offset applications, which resulted in an overall revenue decrease of $9.2 million or 0.41% for the period October 1, 2010 through December 31, 2011.

 

NPC 2009 DEAA

 

       In February 2009, NPC filed an application to create a new DEAA rate. In this application, NPC requested to increase rates by $72.1 million, an increase of 3.18%, while recovering $77.5 million of deferred fuel and purchased power costs. In September 2009, the PUCN ordered that the DEAA rate remain set at $0.00 per kWh, in addition, the PUCN also ordered a slight increase to the TRED charge and a slight decrease to the REPR which resulted in a net decrease to revenues of $4.6 million, or a 0.20% decrease. The PUCN found that NPC's purchases of fuel and power were prudent and approved those costs for the test period which were included as an offset to 2009 deferred energy over-collections within the 2010 DEAA filing.

 

NPC 2008 GRC

 

       In December 2008, NPC filed its statutorily required GRC with the PUCN and further updated the filing in February and March 2009. The filing, as updated, requested an ROE of 11.0% and ROR of 8.88% and an increase to general revenues of $305.7 million.

 

       The PUCN issued its order in June 2009, which resulted in the following significant items:

 

  • Increase in general rates by $222.7 million, approximately a 9.8% increase;
  • ROE and ROR of 10.5% and 8.53%, respectively;
  • Authorized to recover the costs of major plant additions including the purchase of the Higgins Generating Station, construction of Clark Peaking Units, an upgrade to the emission control systems on existing units at the Clark Generating Station, installation of environmental equipment upgrades at the Reid Gardner Generating Station and new transmission and distribution projects;
  • CWIP as of November 2008 in rate base for the construction of a 500 MW (nominally rated) combined cycle unit at the existing Harry Allen Generating Station site; and
  • A two part implementation of the rate increase to be billed to customers. The part I rate increase was effective July 1, 2009 and resulted in a 3% increase to all core customer classes. The part II rate increase was effective January 1, 2010 and implemented the remainder of the increase to all core customer classes. The PUCN granted approval for NPC to track and record the difference between the 9.8% general rate increase and billings associated with the part I rate increase each month in a regulatory asset account and permitted NPC to record a carrying charge on these amounts. Reference discussion above in NPC's 2010 DEAA for balance offset. This regulatory asset was used to offset the NPC 2010 DEAA over collection, as discussed above.

 

Mohave Generating Station

 

       NPC owns approximately 14% of the Mohave Generating Station. Southern California Edison is the operating partner of the Mohave Generating Station.

 

       When operating, the Mohave Generating Station obtained all of its coal supply from a mine in northeast Arizona on lands of the Navajo Nation and the Hopi Tribe (the Tribes). This coal was delivered from the mine to the Mohave Generating Station by means of a coal slurry pipeline, which requires water that is obtained from groundwater wells located on lands of the Tribes in the mine vicinity.

 

       The Grand Canyon Trust and Sierra Club filed a lawsuit in the U.S. District Court, District of Nevada in February 1998 against the owners (including NPC) of the Mohave Generating Station, alleging violations of the Clean Air Act regarding emissions of sulfur dioxide and particulates. An additional plaintiff, National Parks and Conservation Association, later joined the suit. In 1999, the plant owners and plaintiffs filed a settlement with the court, which resulted in a consent decree, approved by the court in November 1999. The consent decree established emission limits for sulfur dioxide and opacity and required installation of air pollution controls for sulfur dioxide, nitrogen oxides, and particulate matter. Pursuant to the decree, the Mohave Generating Station Units 1 and 2 ceased operations as of January 2006 as the new emission limits were not met. Due to the lack of resolutions regarding continual availability of the coal and water supply with the Tribes, the Owners did not proceed with the consent decree.

 

       In December 2005, the Owners of the Mohave Generating Station suspended operation, pending resolution of these issues. However, in June 2006, majority stake holder Southern California Edison announced it would no longer participate in the efforts to return the plant to service. As a result, NPC decided it is not economically feasible to continue its participation in the project. In September 2006, Salt River's co-tenancy agreement expired and the operating agreement between the Owners expired in July 2006. The Owners are discussing the negotiation of new agreements that would address the potential disposition of the assets and rights, title, interest and obligations in the Mohave Generating Station.

 

       Included in other regulatory assets is approximately $12.2 million, which has been approved by the PUCN and included in rates. All other costs for Mohave Generating Station, including approximately $12.7 million of decommissioning costs were accumulated in other regulatory assets as incurred and were requested for recovery in NPC's 2011 GRC and were approved by the PUCN, see the Other Regulatory Assets/Liabilities table above.

 

       In June 2009, Southern California Edison announced that the Mohave Generating Station will be dismantled and its operating permits terminated following a December 2005 suspension of operations due to pending environmental matters. NPC believes it will continue to recover the costs for the Mohave Generating Station through the regulatory process and does not expect the dismantling of the plant to have a material impact on its financial condition.

Sierra Pacific Power Company

 

SPPC 2011 Electric DEAA, TRED, REPR, EEIR, EEPR Rate Filings

 

       In March 2011, SPPC filed an application to establish a new DEAA to refund over-collected purchased power and fuel costs and reset or establish several other rate elements (TRED, REPR, EEIR and EEPR). In September 2011, the PUCN accepted stipulations which resulted in an overall decrease in revenue requirement of approximately $8.2 million. The PUCN authorized refund and recovery of the following amounts (dollars in millions):

              
      Authorized Present  $ Change in 
    Effective  Revenue Revenue  Revenue  
     Date  Requirement  Requirement Requirement 
 Revenue Requirement Subject To Change:           
  DEAAOct. 2011 $(115.9) $(99.5) $(16.4) 
  REPROct. 2011  38.0  36.6  1.4 
  TREDOct. 2011  9.1  7.9  1.2 
  EEPR BaseOct. 2011  9.7  9.7   - 
  EEPR AmortizationOct. 2011  4.6   -   4.6 
  EEIR BaseOct. 2011  3.1  2.6  0.5 
  EEIR AmortizationOct. 2011  0.5 (1)  -   0.5 
   Total Revenue Requirement  $(50.9) $(42.7) $(8.2) 

(1)       In accordance with Alternative Revenue Accounting, SPPC recognized approximately $0.5 million in revenues pertaining to 2010. Based on the order from the PUCN in May 2011, which clarified the calculation of EEIR revenues, SPPC does not expect to record further revenue from this rate request; however, SPPC does expect to collect approximately $0.5 million from their customers.

SPPC 2011 Nevada Gas DEAA

 

In March 2011, SPPC filed an application to create a new DEAA rate to refund over-collected gas costs and to establish a new STPR (Solar Thermal Prospective Rate) to recover a legislatively mandated solar thermal program. In September 2011, the PUCN accepted stipulations which resulted in an overall decrease in revenue requirement of $12.1 million. The PUCN authorized the refund and recovery of the following amounts (dollars in millions):

               
      Authorized Present  $ Change in 
    Effective  Revenue Revenue  Revenue  
     Date  Requirement  Requirement Requirement 
 Revenue Requirement Subject To Change:           
  DEAAOct. 2011 $(29.1) $(16.7) $(12.4) 
  STPROct. 2011  0.3   -   0.3 
   Total Revenue Requirement  $(28.8) $(16.7) $(12.1) 

       SPPC 2010 Nevada Gas DEAA

 

In March 2010, SPPC filed an application to create a new DEAA rate. In September, the PUCN accepted a stipulation to decrease rates by $8.3 million, a decrease of 4.69%, while refunding approximately $17 million of deferred gas costs. The new DEAA rate became effective October 1, 2010.

 

       SPPC 2010 Nevada Electric DEAA

 

       In March 2010, SPPC filed an application to create a new DEAA rate. In September, the PUCN accepted a stipulation to decrease rates by $47.0 million, a decrease of 6.31%, while refunding $101 million of deferred fuel and purchased power costs. The new DEAA rate became effective October 1, 2010.

 

SPPC 2010 Electric GRC

 

              In June 2010, SPPC filed its statutorily required GRC for its Nevada electric operations and further updated the filing in July and August 2010. The filing, as updated, requested an ROE of 10.75% and ROR of 8.14% and an increase to general revenues of $29.3 million.

 

       The PUCN issued its order in December 2010, which resulted in the following significant items:

 

  • Increase in general rates by $13.1 million, approximately a 1.90% increase effective January 1, 2011;
  • ROE and ROR of 10.10% and 7.86%, respectively;
  • Authorized to recover new electric and common plant additions along with ordinary changes in operating expense, maintenance expense and administrative and general costs;
  • Ordered to file a separate application concurrent with the filing of NPC's GRC to determine the reasonableness of the EEC project development costs and propose reclassification of these costs from a deferred debit to a regulatory asset. Reference NPC's 2011 GRC above for further discussion.

 

SPPC 2010 Gas GRC

       In June 2010, SPPC filed a GRC for its gas operations and further updated the filing in July and August 2010. The filing, as updated, requested an ROE of 10.75% and ROR of 5.48% and an increase to general revenues of $4.3 million.

 

       The PUCN issued its order in December 2010, which resulted in the following significant items:

 

  • Increase in general rates by $2.7 million, approximately a 1.93% increase effective January 1, 2011;
  • ROE and ROR of 10.00% and 5.15%, respectively;
  • Authorized to recover new gas and common plant additions along with ordinary changes in operating expense, maintenance expense and administrative and general costs.

       

SPPC California GRC

 

       In July 2008, SPPC filed a GRC with the CPUC and subsequently filed an amendment to the original filing in December 2008. SPPC requested an ROE of 11.4% and ROR of 8.81% and an increase in general revenues of $8.9 million. In July 2009, a settlement was filed with the CPUC, which includes the following:

 

  • Increase in general rates of $5.5 million, approximately an 8% increase;
  • ROE and ROR of 10.7% and 8.51%, respectively;
  • Approval of authorization to recover the costs of major plant additions, which include the Tracy Generating Station, and distribution plant additions, as well as a decrease to the California Energy Efficiency Program; and
  • Approval of a two-part mechanism to recover changes in non-energy cost adjustment clause costs incurred during the two years between rate cases.

 

       The CPUC approved the settlement and rates were effective December 1, 2009. However, on January 1, 2011, SPPC sold its California Assets, as discussed further in Note 16, Assets Held for Sale.

 

SPPC 2009 Nevada Electric DEAA

 

       In February 2009, SPPC filed an application to create a new electric DEAA rate for Nevada customers. In this application, SPPC requested to decrease rates by $25.9 million, a decrease of 2.69%, while refunding $19.8 million of deferred fuel and purchased power costs. The PUCN issued its order in September 2009 decreasing rates by $30.8 million, a decrease of 3.19% and approving SPPC's purchases of fuel and power as prudent for the test period. The new credit DEAA rate became effective October 1, 2009.

 

SPPC 2009 Nevada Gas DEAA

 

       In February 2009, SPPC filed an application to create a new gas DEAA rate for Nevada customers. In this application, SPPC requested to decrease rates by $8.7 million, a decrease of 4.71%, while refunding $8.7 million of deferred gas costs. The PUCN issued its order in September 2009 approving SPPC's requested rate decrease and approving SPPC's purchases of natural gas and propane as prudent for the test period. The new DEAA rate became effective October 1, 2009.

 

FERC Matters

 

California Wholesale Spot Market Refunds

 

NPC and SPPC were participants in a FERC proceeding wherein California parties have been authorized to recalculate, or mitigate, the prices they paid for wholesale spot market power between October 2, 2000 and June 20, 2001.  Both of the Utilities made spot market sales that were eligible for mitigation. NPC and SPPC have negotiated a comprehensive settlement with the California parties and a FERC order on the joint offer of settlement was approved in February 2012.


       Nevada Power Company

 

At the time of the settlement the CAISO and CALPX owed NPC approximately $19 million (plus interest) for power delivered during the same timeframe, but which was being held pending resolution of the FERC proceedings, and for which NPC had fully reserved in 2001.  As a part of the settlement, NPC released these receivables to the California parties which resulted in reversal of the accounts receivable reserve as of December 31, 2011.

 

        Sierra Pacific Power Company

 

At the time of the settlement the CAISO and CALPX owed SPPC approximately $1 million (plus interest) for power delivered during the same timeframe, but which was being held pending resolution of the FERC proceedings, and SPPC had recorded a reserve against the receivable in 2001.  As a part of the settlement, SPPC released these receivables to the California parties which resulted in reversal of the accounts receivable reserve as of December 31, 2011.

 

In 2009, SPPC recorded an additional $3 million liability for this item.

 

       Settlement

 

As a result of the February 2012 FERC order, NPC and SPPC have collectively agreed to release to the California parties, NPC and SPPC's claims to the receivables held by the CALPX and CAISO, plus interest therein, and to pay an immaterial amount in cash.