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Other
9 Months Ended
Sep. 30, 2011
Other [Abstract] 
Other

6.       Other

Indebtedness

On January 24, 2011, our Indenture of Mortgage and Deed of Trust, dated as of May 1, 1992, was terminated as the result of the redemption of $1.0 million of outstanding obligations issued prior to September 1, 2001. Following the redemption of these obligations, the Amended and Restated Indenture, dated as of September 1, 2001 (the "2001 Indenture"), became effective.

On January 26, 2011, we entered into the Second Amended and Restated Indenture of Mortgage and Deed of Trust (the "New Indenture") with Branch Banking and Trust Company, as trustee, and terminated the 2001 Indenture. The New Indenture subjects substantially all of our real property and tangible personal property and some of our intangible personal property to a lien in favor of the trustee. The obligations outstanding under the New Indenture are secured equally and ratably with all of our other obligations issued under the indenture, including pre-existing obligations issued under the indenture, as previously in effect.

In May 2010, we entered into an interest rate hedge transaction to mitigate a portion of the exposure to fluctuations in long-term interest rates related to the issuance of long-term debt. On January 21, 2011, we terminated the interest rate hedge in accordance with the terms of the transaction, resulting in a settlement payment of $3.4 million, the fair value of the hedge as of that date. On April 7, 2011, we issued $350.0 million of first mortgage bonds in a private placement. The bonds consist of $90.0 million of 4.83% First Mortgage Bonds, 2011 Series A due December 1, 2040; $165.0 million of 5.54% First Mortgage Bonds, 2011 Series B due December 1, 2040; and $95.0 million of 5.54% First Mortgage Bonds, 2011 Series C due December 1, 2050. The $3.4 million settlement payment related to the interest rate hedge transaction was recorded as a regulatory asset and will be amortized over the life of the long-term debt we issued on April 7, 2011. A portion of the proceeds of the issuance was used to repay our $215.0 million 2001 Series A Bonds due June 1, 2011. The remainder of the proceeds will be used for general corporate purposes.

 

Decision not to participate in an additional unit at the North Anna Nuclear Power Station ("North Anna")

 

In February 2011, we made the determination not to participate in an additional nuclear-powered generating unit at North Anna as discussed in a press release we issued on February 28, 2011.  We are currently working with Virginia Electric and Power Company ("Virginia Power") on the logistics of our withdrawal as a participant in the project.  As of December 31, 2010, we had $21.3 million of construction work in progress related to the potential additional unit at North Anna and had incurred approximately $1.8 million in financing-related costs that were included in deferred charges–other.  Through February 2011, we had recorded $23.2 million of construction work in progress related to the potential additional unit at North Anna.  As of March 31, 2011, we established a regulatory asset and reclassified the $23.2 million of construction work in progress to the regulatory asset due to the uncertainty of the recovery of these costs from Virginia Power.  The $1.8 million in financing-related costs were expensed in the first quarter of 2011 as administrative and general expense. We will continue to incur costs related to the additional unit at North Anna until our withdrawal is finalized.  As of September 30, 2011, we have incurred approximately $10.6 million of additional costs since our decision not to participate in the additional unit at North Anna and these costs have been recorded as accounts receivable, as we expect reimbursement from Virginia Power upon the finalization of our withdrawal.  These amounts are not expected to have a material impact on our financial position or results of operations due to our ability to collect such amounts through rates charged to our member distribution cooperatives.

North Anna Outage

On August 23, 2011, a magnitude 5.8 earthquake near Mineral, Virginia caused the two reactors at North Anna to shut down immediately, as designed. Virginia Power, the co-owner and operator of North Anna, informs us that some of the earthquake's vibrations briefly exceeded North Anna's licensing design basis at certain frequencies; however, Virginia Power's inspections have shown no significant damage to equipment at the station from the earthquake. The reactors were placed in cold shutdown condition pending completion of the U.S. Nuclear Regulatory Commission ("NRC") inspection and review. The restart of the two reactors is subject to NRC approval, which Virginia Power believes is likely to occur in the fourth quarter of 2011.

Refund of Spent Fuel Costs

 

Under the Nuclear Waste Policy Act of 1982, the Department of Energy ("DOE") is required to provide for the permanent disposal of spent nuclear fuel produced by nuclear facilities, such as North Anna, in accordance with contracts executed with the DOE.  The DOE did not begin accepting spent fuel in 1998 as specified in its contract.  In 2004, Virginia Power filed a lawsuit seeking recovery of damages in connection with the DOE's failure to commence accepting spent nuclear fuel from North Anna.  A subsequent trial held in 2008 ruled in favor of Virginia Power and the DOE filed an appeal.  The government's initial brief in the appeal was filed in June 2010.  In the second quarter of 2011, the Federal Appeals Court issued a decision affirming the trial court's damages award.  The government did not seek rehearing of the Federal Appeals Court decision or seek review by the U.S. Supreme Court.  During the third quarter of 2011, Virginia Power received a settlement amount for spent fuel costs representing certain spent nuclear fuel-related costs incurred through June 30, 2006.  Virginia Power then paid ODEC our proportionate share related to North Anna, $7.8 million, which is recorded as a reduction to fuel expense.   We currently anticipate that Virginia Power will seek reimbursement for certain spent nuclear fuel-related costs incurred subsequent to June 30, 2006; however, due to the uncertainty of future collection, we have not recorded a receivable.

 

Margin Stabilization Plan

 

On October 11, 2011, our Board of Directors approved the refund of $10.0 million in accordance with our margin stabilization plan, which reduced accounts receivable-members in September 2011. See Note 5 of the Notes to Consolidated Financial Statements in our 2010 Annual Report on Form 10-K.