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Variable Interest Entities
3 Months Ended
Mar. 31, 2016
Variable Interest Entities [Abstract]  
Variable Interest Entities
VARIABLE INTEREST ENTITIES
A VIE is an entity that is evaluated for consolidation using more than a simple analysis of voting control. The analysis to determine whether an entity is a VIE considers contracts with an entity, credit support for an entity, the adequacy of the equity investment of an entity and the relationship of voting power to the amount of equity invested in an entity. This analysis is performed either upon the creation of a legal entity or upon the occurrence of an event requiring reevaluation, such as a significant change in an entity’s assets or activities. A qualitative analysis of control determines the party that consolidates a VIE. This assessment is based on (i) what party has the power to direct the activities of the VIE that most significantly impact its economic performance and (ii) what party has rights to receive benefits or is obligated to absorb losses that could potentially be significant to the VIE. The analysis of the party that consolidates a VIE is a continual reassessment.
No financial support was provided to any of the consolidated VIEs during the three months ended March 31, 2016 and the year ended December 31, 2015, or is expected to be provided in the future, that was not previously contractually required.
CONSOLIDATED VIEs
The following tables summarize the impact of VIEs consolidated by Duke Energy and the Subsidiary Registrants on the Condensed Consolidated Balance Sheets.
 
March 31, 2016
 
Duke Energy
 
Duke

 
Duke

 
Duke

 
 
 
 
 
 
 
 
 
Energy

 
Energy

 
Energy

 
 
 
 
 
 
 
 
 
Carolinas

 
Progress(c)

 
Florida(c)

 
 
 
 
 
 
 
 
(in millions)
DERF

 
DEPR

 
DEFR

 
CRC

 
Renewables

 
Other

 
Total

ASSETS
 
 
 
 
 
 
 
 
 
 
 
 
 
Current Assets
 
 
 
 
 
 
 
 
 
 
 
 
 
Cash and Cash Equivalents
$

 
$

 
$

 
$

 
$

 
$
2

 
$
2

Restricted receivables of variable interest entities (net of allowance for doubtful accounts)
615

 
372

 
256

 
437

 
20

 
14

 
1,714

Other

 

 

 

 
149

 
2

 
151

Investments and Other Assets
 
 
 
 
 
 
 
 
 
 
 
 
 
Other

 

 

 

 
58

 

 
58

Property, Plant and Equipment
 
 
 
 
 
 
 
 
 
 
 
 
 
Property, plant and equipment, cost(a)

 

 

 

 
2,027

 
20

 
2,047

Accumulated depreciation and amortization

 

 

 

 
(340
)
 
(6
)
 
(346
)
Total assets
$
615

 
$
372

 
$
256

 
$
437

 
$
1,914

 
$
32

 
$
3,626

LIABILITIES AND EQUITY
 
 
 
 
 
 
 
 
 
 
 
 
 
Current Liabilities
 
 
 
 
 
 
 
 
 
 
 
 
 
Accounts payable
$

 
$

 
$

 
$

 
$
23

 
$

 
$
23

Taxes accrued

 

 

 

 
4

 

 
4

Current maturities of long-term debt

 

 

 

 
82

 
12

 
94

Other

 

 

 

 
22

 

 
22

Long-Term Debt(b)
425

 
300

 
225

 
325

 
995

 

 
2,270

Deferred Credits and Other Liabilities
 
 
 
 
 
 
 
 
 
 
 
 
 
Deferred income taxes

 

 

 

 
240

 

 
240

Asset retirement obligations

 

 

 

 
37

 

 
37

Other

 

 

 

 
42

 

 
42

Total liabilities
$
425

 
$
300

 
$
225

 
$
325

 
$
1,445

 
$
12

 
$
2,732

Net assets of consolidated variable interest entities
$
190

 
$
72

 
$
31

 
$
112

 
$
469

 
$
20

 
$
894


 
December 31, 2015
 
Duke Energy
 
Duke

 
Duke

 
Duke

 
 
 
 
 
 
 
 
 
Energy

 
Energy

 
Energy

 
 
 
 
 
 
 
 
 
Carolinas

 
Progress(c)

 
Florida(c)

 
 
 
 
 
 
 
 
(in millions)
DERF

 
DEPR

 
DEFR

 
CRC

 
Renewables

 
Other

 
Total

ASSETS
 
 
 
 
 
 
 
 
 
 
 
 
 
Current Assets
 
 
 
 
 
 
 
 
 
 
 
 
 
Cash and Cash Equivalents
$

 
$

 
$

 
$

 
$

 
$
2

 
$
2

Restricted receivables of variable interest entities (net of allowance for doubtful accounts)
596

 
349

 
309

 
454

 
19

 
21

 
1,748

Other

 

 

 

 
138

 
4

 
142

Investments and Other Assets
 
 
 
 
 
 
 
 
 
 
 
 
 
Other

 

 

 

 
70

 

 
70

Property, Plant and Equipment
 
 
 
 
 
 
 
 
 
 
 
 
 
Property, plant and equipment, cost(a)

 

 

 

 
2,015

 
20

 
2,035

Accumulated depreciation and amortization

 

 

 

 
(321
)
 
(6
)
 
(327
)
Total assets
$
596

 
$
349

 
$
309

 
$
454

 
$
1,921

 
$
41

 
$
3,670

LIABILITIES AND EQUITY
 
 
 
 
 
 
 
 
 
 
 
 
 
Current Liabilities
 
 
 
 
 
 
 
 
 
 
 
 
 
Accounts payable
$

 
$

 
$

 
$

 
$
35

 
$

 
$
35

Taxes accrued
5

 
3

 

 

 
5

 
1

 
14

Current maturities of long-term debt

 

 

 

 
108

 
17

 
125

Other

 

 

 

 
15

 
2

 
17

Long-Term Debt(b)
425

 
254

 
225

 
325

 
968

 

 
2,197

Deferred Credits and Other Liabilities
 
 
 
 
 
 
 
 
 
 
 
 
 
Deferred income taxes

 

 

 

 
289

 

 
289

Asset retirement obligations

 

 

 

 
35

 

 
35

Other

 

 

 

 
33

 

 
33

Total liabilities
$
430

 
$
257

 
$
225

 
$
325

 
$
1,488

 
$
20

 
$
2,745

Net assets of consolidated variable interest entities
$
166

 
$
92

 
$
84

 
$
129

 
$
433

 
$
21

 
$
925

(a)    Restricted as collateral for nonrecourse debt of VIEs.
(b)    Nonrecourse to the general assets of the applicable registrant.
(c)
The amount for Progress Energy is equal to the total amount for Duke Energy Progress and Duke Energy Florida.
The obligations of these VIEs are nonrecourse to Duke Energy, Duke Energy Carolinas, Progress Energy, Duke Energy Progress and Duke Energy Florida. These entities have no requirement to provide liquidity to, purchase assets of or guarantee performance of these VIEs unless noted in the following paragraphs.
DERF / DEPR / DEFR
Duke Energy Receivables Finance Company, LLC (DERF), Duke Energy Progress Receivables, LLC (DEPR) and Duke Energy Florida Receivables, LLC (DEFR) are bankruptcy remote, special purpose subsidiaries of Duke Energy Carolinas, Duke Energy Progress and Duke Energy Florida, respectively. On a daily basis, DERF, DEPR and DEFR buy certain accounts receivable arising from the sale of electricity and related services from their parent companies. DERF, DEPR and DEFR are wholly owned limited liability companies with separate legal existence from their parent companies, and their assets are not generally available to creditors of their parent companies.
DERF, DEPR and DEFR borrow amounts under credit facilities to buy the receivables from their parents companies. Borrowing availability is limited to the amount of qualified receivables sold, which is generally expected to be in excess of the credit facilities. The credit facilities are reflected on the Condensed Consolidated Balance Sheets as Long-Term Debt. The secured credit facilities were not structured to meet the criteria for sale accounting treatment under the accounting guidance for transfers and servicing of financial assets.
The most significant activity that impacts the economic performance of DERF, DEPR and DEFR are the decisions made to manage delinquent receivables. Duke Energy Carolinas, Duke Energy Progress and Duke Energy Florida consolidate DERF, DEPR and DEFR, respectively, as they make those decisions.
The following table summarizes the amounts and expiration dates of the credit facilities reflected on the Condensed Consolidated Balance Sheets as Long-Term Debt.
 
DERF

DEPR

DEFR

Credit facility amount (in millions)
$
425

$
300

$
225

Expiration date
December 2018

February 2019

April 2019


CRC
CRC is a bankruptcy remote, special purpose entity indirectly owned by Duke Energy. On a revolving basis, Duke Energy Ohio and Duke Energy Indiana sell to CRC certain accounts receivable arising from the sale of electricity and related services. The receivables sold are securitized by CRC through a credit facility managed by two unrelated third parties. Borrowing availability from the credit facility is limited to the amount of qualified receivables sold to CRC. The sole source of funds to satisfy the related debt obligation is cash collections from the receivables. The credit facility expires in December 2018 and is reflected on Duke Energy's Condensed Consolidated Balance Sheets as Long-Term Debt.
The proceeds Duke Energy Ohio and Duke Energy Indiana receive from the sale of receivables to CRC are typically 75 percent cash and 25 percent in the form of a subordinated note from CRC. The subordinated note is a retained interest in the receivables sold. Depending on collection experience, additional equity infusions to CRC may be required by Duke Energy to maintain a minimum equity balance of $3 million.
CRC is considered a VIE because (i) equity capitalization is insufficient to support its operations, (ii) power to direct the activities that most significantly impact the economic performance of the entity are not performed by the equity holder, Cinergy, and (iii) deficiencies in net worth of CRC are not funded by Cinergy, but by Duke Energy. The most significant activities that impact the economic performance of CRC are decisions made to manage delinquent receivables. Duke Energy consolidates CRC as it makes these decisions. Neither Duke Energy Ohio nor Duke Energy Indiana consolidate CRC.
Renewables
Certain Duke Energy renewable energy facilities are VIEs due to long-term fixed-price power purchase agreements. These fixed-price agreements effectively transfer commodity price risk to the buyer of the power. Certain other Duke Energy renewable energy facilities are VIEs due to Duke Energy issuing guarantees for debt service and operations and maintenance reserves in support of debt financings. For certain VIEs, assets are restricted and cannot be pledged as collateral or sold to third parties without prior approval of debt holders. The activities that most significantly impact the economic performance of these renewable energy facilities were decisions associated with siting, negotiating purchase power agreements, engineering, procurement and construction, and decisions associated with ongoing operations and maintenance-related activities. Duke Energy consolidates the entities as it makes all of these decisions.
NON-CONSOLIDATED VIEs
The following tables include VIEs not consolidated and how these entities impact the Condensed Consolidated Balance Sheets.
 
March 31, 2016
 
Duke Energy
 
Duke

 
Duke

 
 
 
 
 
 
 
Energy

 
Energy

(in millions)
Renewables

 
Other

 
Total

 
Ohio

 
Indiana

Receivables from affiliated companies
$

 
$

 
$

 
$
39

 
$
50

Investments in equity method unconsolidated affiliates
227

 
186

 
413

 

 

Total assets
$
227

 
$
186

 
$
413

 
$
39

 
$
50

Other current liabilities

 
2

 
2

 

 

Deferred credits and other liabilities

 
14

 
14

 

 

Total liabilities
$

 
$
16

 
$
16

 
$

 
$

Net assets
$
227

 
$
170

 
$
397

 
$
39

 
$
50

 
December 31, 2015
 
Duke Energy
 
Duke

 
Duke

 
 
 
 
 
 
 
Energy

 
Energy

(in millions)
Renewables

 
Other

 
Total

 
Ohio

 
Indiana

Receivables from affiliated companies
$

 
$

 
$

 
$
47

 
$
60

Investments in equity method unconsolidated affiliates
235

 
152

 
387

 

 

Total assets
$
235

 
$
152

 
$
387

 
$
47

 
$
60

Other current liabilities

 
3

 
3

 

 

Deferred credits and other liabilities

 
14

 
14

 

 

Total liabilities
$

 
$
17

 
$
17

 
$

 
$

Net assets
$
235

 
$
135

 
$
370

 
$
47

 
$
60


The Duke Energy Registrants are not aware of any situations where the maximum exposure to loss significantly exceeds the carrying values shown above except for the power purchase agreement with OVEC, which is discussed below, and various guarantees, reflected in the table above as Deferred credits and other liabilities. For more information on various guarantees, refer to Note 5, "Commitments and Contingencies."
Renewables
Duke Energy has investments in various renewable energy project entities. Some of these entities are VIEs due to long-term fixed-price power purchase agreements. These fixed-price agreements effectively transfer commodity price risk to the buyer of the power. Duke Energy does not consolidate these VIEs because power to direct and control key activities is shared jointly by Duke Energy and other owners.
Other
Duke Energy holds a 50 percent equity interest in Duke-American Transmission Company, LLC (DATC). DATC is considered a VIE due to insufficient equity at risk to permit DATC to finance its own activities without additional subordinated financial support. The activities that most significantly impact DATC’s economic performance are the decisions related to investing in existing and development of new transmission facilities. The power to direct these activities is jointly and equally shared by Duke Energy and the other joint venture partner and, therefore, Duke Energy does not consolidate.
Duke Energy has a 40 percent equity interest and a 7.5 percent equity interest in ACP and Sabal Trail Transmission, LLC (Sabal Trail), respectively. These entities are considered VIEs as their equity is not sufficient to permit the entities to finance their activities without additional subordinated financial support. The activity that most significantly impacts the economic performance of both ACP and Sabal Trail is construction. Duke Energy does not control these activities and therefore does not consolidate ACP or Sabal Trail.
OVEC
Duke Energy Ohio’s 9 percent ownership interest in OVEC is considered a non-consolidated VIE. Through its ownership interest in OVEC, Duke Energy Ohio has a contractual arrangement to buy power from OVEC’s power plants through June 2040. Proceeds from the sale of power by OVEC to its power purchase agreement counterparties are designed to be sufficient to meet its operating expenses, fixed costs, debt amortization and interest expense, as well as earn a return on equity. Accordingly, the value of this contract is subject to variability due to fluctuations in power prices and changes in OVEC’s costs of business, including costs associated with its 2,256 MW of coal-fired generation capacity. Proposed environmental rulemaking could increase the costs of OVEC, which would be passed through to Duke Energy Ohio.
CRC
See discussion under Consolidated VIEs for additional information related to CRC.
Amounts included in Receivables from affiliated companies in the above table for Duke Energy Ohio and Duke Energy Indiana reflect their retained interest in receivables sold to CRC. These subordinated notes held by Duke Energy Ohio and Duke Energy Indiana are stated at fair value. Carrying values of retained interests are determined by allocating carrying value of the receivables between assets sold and interests retained based on relative fair value. The allocated bases of the subordinated notes are not materially different than their face value because (i) the receivables generally turn over in less than two months, (ii) credit losses are reasonably predictable due to the broad customer base and lack of significant concentration, and (iii) the equity in CRC is subordinate to all retained interests and thus would absorb losses first. The hypothetical effect on fair value of the retained interests assuming both a 10 percent and a 20 percent unfavorable variation in credit losses or discount rates is not material due to the short turnover of receivables and historically low credit loss history. Interest accrues to Duke Energy Ohio and Duke Energy Indiana on the retained interests using the acceptable yield method. This method generally approximates the stated rate on the notes since the allocated basis and the face value are nearly equivalent. An impairment charge is recorded against the carrying value of both retained interests and purchased beneficial interest whenever it is determined that an other-than-temporary impairment has occurred.
Key assumptions used in estimating fair value are detailed in the following table.
 
Duke Energy Ohio
 
Duke Energy Indiana
 
2016

 
2015

 
2016

 
2015

Anticipated credit loss ratio
0.6
%
 
0.6
%
 
0.3
%
 
0.3
%
Discount rate
1.4
%
 
1.2
%
 
1.4
%
 
1.2
%
Receivable turnover rate
13.2
%
 
12.9
%
 
10.6
%
 
10.6
%

The following table shows the gross and net receivables sold.
 
Duke Energy Ohio
 
Duke Energy Indiana
(in millions)
March 31, 2016

 
December 31, 2015

 
March 31, 2016

 
December 31, 2015

Receivables sold
$
225

 
$
233

 
$
253

 
$
260

Less: Retained interests
39

 
47

 
50

 
60

Net receivables sold
$
186

 
$
186

 
$
203

 
$
200


The following table shows sales and cash flows related to receivables sold.
 
Duke Energy Ohio
 
Duke Energy Indiana
 
Three Months Ended
 
Three Months Ended
 
March 31,
 
March 31,
(in millions)
2016

 
2015

 
2016

 
2015

Sales
 
 
 
 
 
 
 
Receivables sold
$
532

 
$
644

 
$
635

 
$
716

Loss recognized on sale
3

 
3

 
3

 
3

Cash flows
 
 
 
 
 
 
 
Cash proceeds from receivables sold
537

 
640

 
643

 
722

Return received on retained interests
1

 
1

 
1

 
2


Cash flows from sales of receivables are reflected within Operating Activities on Duke Energy Ohio’s and Duke Energy Indiana’s Condensed Consolidated Statements of Cash Flows.
Collection fees received in connection with servicing transferred accounts receivable are included in Operation, maintenance and other on Duke Energy Ohio’s and Duke Energy Indiana’s Condensed Consolidated Statements of Operations and Comprehensive Income. The loss recognized on sales of receivables is calculated monthly by multiplying receivables sold during the month by the required discount. The required discount is derived monthly utilizing a three-year weighted average formula that considers charge-off history, late charge history and turnover history on the sold receivables, as well as a component for the time value of money. The discount rate, or component for the time value of money, is the prior month-end London Interbank Offered Rate (LIBOR) plus a fixed rate of 1.00 percent.