Regulators administer the regulatory frameworks covering material aspects of the utilities’ businesses,
including applying market-based tests to determine the appropriate customer rates and/or riders, the
underlying allowed ROEs, deemed capital structures, capital investment, the terms and conditions for the
provision of service, performance standards, and affiliate transactions. Regulators also review the
prudency of costs and other decisions that impact customer rates and reliability of service and work to
ensure the financial health of the utility for the benefit of customers. Costs and investments can be
recovered upon approval by the respective regulator as an adjustment to rates and/or riders, which
normally require a public hearing process or may be mandated by other governmental bodies.
During
public hearing processes, consultants and customer representatives scrutinize the costs, actions and
plans of these rate-regulated companies, and their respective regulators determine whether to allow
recovery and to adjust rates based upon the evidence and any contrary evidence from other parties. In
some circumstances, other government bodies may influence the setting of rates. Regulatory decisions,
legislative changes, and prolonged delays in the recovery of costs or regulatory assets could result in
decreased rate affordability for customers and could materially affect Emera and its utilities.
Emera’s utilities generally manage this risk through transparent regulatory disclosure, ongoing
stakeholder and government consultation and multi-party engagement on aspects such as utility
operations, regulatory audits, rate filings and capital plans. The subsidiaries work to establish
collaborative relationships with regulatory stakeholders, including customer representatives, both through
its approach to filings and additional efforts with technical conferences and, where appropriate, negotiated
Changes in government and shifts in government policy and legislation can impact the commercial and
regulatory frameworks under which Emera and its subsidiaries operate. This includes initiatives regarding
deregulation or restructuring of the energy industry. Deregulation or restructuring of the energy industry
may result in increased competition and unrecovered costs that could adversely affect the Company’s
operations, net income and cash flows. State and local policies in some United States jurisdictions have
sought to prevent or limit the ability of utilities to provide customers the choice to use natural gas while in
other jurisdictions policies have been adopted to prevent limitations on the use of natural gas. Changes in
applicable state or local laws and regulations, including electrification legislation, could adversely impact
PGS and NMGC.
Emera cannot predict future legislative, policy, or regulatory changes, whether caused by economic,
political or other factors, or its ability to respond in an effective and timely manner or the resulting
compliance costs. Government interference in the regulatory process can undermine regulatory stability,
predictability, and independence, and could have a material adverse effect on the Company.
The Company is exposed to foreign currency exchange rate changes. Emera operates internationally,
with an increasing amount of the Company’s net income earned outside of Canada. As such, Emera is
exposed to movements in exchange rates between the CAD and, particularly, the USD, which could
positively or adversely affect results.
Consistent with the Company’s risk management policies, Emera manages currency risks through
matching United States denominated debt to finance its United States operations and may use foreign
currency derivative instruments to hedge specific transactions and earnings exposure. The Company may
enter FX forward and swap contracts to limit exposure on certain foreign currency transactions such as
fuel purchases, revenue streams and capital expenditures, and on net income earned outside of Canada.
The regulatory framework for the Company’s rate-regulated subsidiaries permits the recovery of prudently
incurred costs, including FX.
The Company does not utilize derivative financial instruments for foreign currency trading or speculative
purposes or to hedge the value of its investments in foreign subsidiaries. Exchange gains and losses on
net investments in foreign subsidiaries do not impact net income as they are reported in AOCI.