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Note 7 - Retained Earnings and Dividend Restriction
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Retained Earnings Restrictions [Text Block]
7
. Retained Earnings
and Dividend
Restriction
 
The Company is a holding company with
no
significant operations of its own. The primary source of funds for payments of dividends to the Company’s shareholders is from dividends paid or distributions made by the Company’s subsidiaries. As a result of certain statutory limitations or regulatory or financing agreements, restrictions could occur on the amount of distributions allowed to be made by the Company’s subsidiaries.
 
Both the Company and OTP credit agreements contain restrictions on the payment of cash dividends upon a default or event of default. An event of default would be considered to have occurred if the Company did
not
meet certain financial covenants. As of
December 31, 2018,
the Company was in compliance with these financial covenants.
 
Under the Federal Power Act, a public utility
may
not
pay dividends from any funds properly included in a capital account. What constitutes “funds properly included in a capital account” is undefined in the Federal Power Act or the related regulations; however, the FERC has consistently interpreted the provision to allow dividends to be paid as long as (
1
) the source of the dividends is clearly disclosed, (
2
) the dividend is
not
excessive and (
3
) there is
no
self-dealing on the part of corporate officials.
 
The MPUC indirectly limits the amount of dividends OTP can pay to the Company by requiring an equity-to-total-capitalization ratio between
47.9%
and
58.5%
based on OTP’s
2018
capital structure petition effective by order of the MPUC on
October 18, 2018.
As of
December 31, 2018,
OTP’s equity-to-total-capitalization ratio including short-term debt was
53.2%
and its net assets restricted from distribution totaled approximately
$477
million. Total capitalization for OTP cannot currently exceed
$1.2
billion.