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Income Taxes (Tables)
12 Months Ended
Dec. 31, 2011
Effective Income Tax Rate Reconciliation
Cleco
For the years ended December 31, 2011, and 2009, income tax expense was lower than the amount computed by applying the statutory federal rate to income before tax. For the year ended December 31, 2010, income tax expense was higher than the amount computed by applying the statutory federal rate to income before tax. The differences are as follows.
 
FOR THE YEAR ENDED DECEMBER 31,
 
(THOUSANDS, EXCEPT FOR %)
2011

 
2010

 
2009

Income before tax
$
298,745

 
$
397,889

 
$
115,886

Statutory rate
35.0
%
 
35.0
%
 
35.0
%
Tax at federal statutory rate
$
104,561

 
$
139,261

 
$
40,560

Increase (decrease):
 

 
 

 
 

Plant differences, including AFUDC flowthrough
(1,758
)
 
(7,757
)
 
(30,212
)
Amortization of investment tax credits
(1,238
)
 
(1,285
)
 
(1,332
)
State tax expense
2,155

 
11,897

 
4,763

Audit settlement
10,782

 

 

Other
(11,605
)
 
382

 
(4,200
)
Total taxes
$
102,897

 
$
142,498

 
$
9,579

Effective Rate
34.4
%
 
35.8
%
 
8.3
%
Current and Deferred Income Tax Expense
Information about current and deferred income tax expense is as follows.
 
FOR THE YEAR ENDED DECEMBER 31,
 
(THOUSANDS)
2011

 
2010

 
2009

Current federal income tax expense
$
77,659

 
$
75,337

 
$
16,080

Deferred federal income tax expense (benefit)
26,577

 
56,047

 
(9,880
)
Amortization of accumulated deferred investment tax credits
(1,238
)
 
(1,285
)
 
(1,332
)
Total federal income tax expense
$
102,998

 
$
130,099

 
$
4,868

Current state income tax expense
2,857

 
13,572

 
814

Deferred state income tax (benefit) expense
(2,958
)
 
(1,173
)
 
3,897

Total state income tax (benefit) expense
$
(101
)
 
$
12,399

 
$
4,711

Total federal and state income tax expense
$
102,897

 
$
142,498

 
$
9,579

Items charged or credited directly to shareholders’ equity
 

 
 

 
 

Federal deferred
(8,908
)
 
2,210

 
(1,200
)
State deferred
(1,439
)
 
357

 
(194
)
Total tax benefit from items charged directly to shareholders’ equity
$
(10,347
)
 
$
2,567

 
$
(1,394
)
Total federal and state income tax expense
$
92,550

 
$
145,065

 
$
8,185

Deferred Tax Assets and Liabilities
The balance of accumulated deferred federal and state income tax assets and liabilities at December 31, 2011, and 2010 was comprised of the following.
 
AT DECEMBER 31,
 
(THOUSANDS)
2011

 
2010

Depreciation and property basis differences
$
(594,135
)
 
$
(527,014
)
Net operating loss
18,542

 

Fuel costs
(6,135
)
 
(6,500
)
Mark-to-market

 
1,845

Deferred carrying charges
11,327

 
26,567

SERP – other comprehensive income
16,621

 
6,274

Regulated operations regulatory liability
(83,965
)
 
(75,080
)
Postretirement benefits other than pension
(9,486
)
 
9,902

New markets tax credit
36,398

 
16,667

Other
(9,844
)
 
(1,766
)
Accumulated deferred federal and state income taxes
$
(620,677
)
 
$
(549,105
)
Uncertain Tax Positions, Interest Payable and Interest Expense
The total amounts of uncertain tax positions and related interest payable and interest expense, as reflected on Cleco Corporation and Cleco Power’s Consolidated Balance Sheets and Statements of Income, are shown in the following tables:
 
AT DECEMBER 31,
 
(THOUSANDS)
2011

 
2010

Interest payable
 
 
 
Cleco Corporation
$
13,843

 
$
41,018

Cleco Power
$
17,327

 
$
15,211

 
 
FOR THE YEAR ENDED DECEMBER 31,
 
(THOUSANDS)
2011

 
2010

 
2009

Interest charges
 
 
 
 
 
Cleco Corporation
$
(25,795
)
 
$
3,930

 
$
8,239

Cleco Power
$
3,495

 
$
(5,448
)
 
$
3,336

Liability for Unrecognized Tax Benefits
The total liability for unrecognized tax benefits for Cleco and Cleco Power at December 31, 2011, 2010, and 2009 is shown in the following table:
 
Cleco
 
 
(THOUSANDS)
 
LIABILITY FOR UNRECOGNIZED
TAX BENEFITS

Balance at January 1, 2009
 
$
84,918

Reduction for tax positions of current period
 
(15,126
)
Additions for tax positions of prior years
 
59,443

Reduction for tax positions of prior years
 

Reduction for lapse of statute of limitations
 

Balance at December 31, 2009
 
$
129,235

Reduction for tax positions of current period
 
(5,738
)
Additions for tax positions of prior years
 
511

Reduction for tax positions of prior years
 
(6,146
)
Reduction for settlement with tax authority
 
(15,077
)
Reduction for lapse of statute of limitations
 

Balance at December 31, 2010
 
$
102,785

Reduction for tax positions of current period
 
(4,129
)
Additions for tax positions of prior years
 
11,031

Reduction for tax positions of prior years
 
(8,670
)
Reduction for settlement with tax authority
 
(44,782
)
Reduction for lapse of statute of limitations
 

Balance at December 31, 2011
 
$
56,235

Cleco Power [Member]
 
Effective Income Tax Rate Reconciliation
Cleco Power
Income tax expense is lower than the amount computed by applying the statutory rate to income before tax, as follows.
 
FOR THE YEAR ENDED DECEMBER 31,
 
(THOUSANDS, EXCEPT FOR %)
2011

 
2010

 
2009

Income before tax
$
212,244

 
$
222,512

 
$
126,463

Statutory rate
35.0
%
 
35.0
%
 
35.0
%
Tax at federal statutory rate
$
74,285

 
$
77,879

 
$
44,262

Increase (decrease):
 

 
 

 
 

Plant differences, including AFUDC flowthrough
(1,758
)
 
(7,757
)
 
(30,212
)
Amortization of investment tax credits
(1,238
)
 
(1,285
)
 
(1,332
)
State tax expense
(853
)
 
5,798

 
5,131

Other
(1,027
)
 
472

 
(2,552
)
Total tax expense
$
69,409

 
$
75,107

 
$
15,297

Effective Rate
32.7
%
 
33.8
%
 
12.1
%
Current and Deferred Income Tax Expense
Information about current and deferred income tax expense is as follows.
 
FOR THE YEAR ENDED DECEMBER 31,
 
(THOUSANDS)
2011

 
2010

 
2009

Current federal income tax expense
$
23,347

 
$
35,132

 
$
11,920

Deferred federal income tax expense
47,763

 
40,237

 
912

Amortization of accumulated deferred investment tax credits
(1,238
)
 
(1,285
)
 
(1,332
)
Total federal income tax expense
$
69,872

 
$
74,084

 
$
11,500

Current state income tax expense
1,691

 
6,704

 
1,480

Deferred state income tax (benefit) expense
(2,154
)
 
(5,681
)
 
2,317

Total state income tax (benefit) expense
$
(463
)
 
$
1,023

 
$
3,797

Total federal and state income taxes
$
69,409

 
$
75,107

 
$
15,297

Items charged or credited directly to shareholders’ equity
 

 
 

 
 

Federal deferred
(8,580
)
 
2,532

 
(620
)
State deferred
(1,386
)
 
409

 
(100
)
Total tax benefit from items charged directly to shareholders’ equity
$
(9,966
)
 
$
2,941

 
$
(720
)
Total federal and state income tax expense
$
59,443

 
$
78,048

 
$
14,577

Deferred Tax Assets and Liabilities
The balance of accumulated deferred federal and state income tax assets and liabilities at December 31, 2011, and 2010 was comprised of the following.
 
AT DECEMBER 31,
 
(THOUSANDS)
2011

 
2010

Depreciation and property basis differences
$
(592,634
)
 
$
(551,909
)
Net operating loss
16,390

 

Fuel costs
(6,125
)
 
(6,490
)
Mark-to-market

 
1,628

Deferred carrying charges
11,327

 
26,567

SERP - other comprehensive income
11,984

 
2,019

Regulated operations regulatory liability
(83,965
)
 
(75,080
)
Postretirement benefits other than pension
(22,461
)
 
(2,503
)
Other
9,478

 
7,005

Accumulated deferred federal and state income taxes
$
(656,006
)
 
$
(598,763
)
Liability for Unrecognized Tax Benefits
Cleco Power
 
 
(THOUSANDS)
 
LIABILITY FOR UNRECOGNIZED
TAX BENEFITS

Balance at January 1, 2009
 
$
60,536

Reduction for tax positions of current period
 
(11,499
)
Additions for tax positions of prior years
 
35,323

Reduction for tax positions of prior years
 

Reduction for lapse of statute of limitations
 

Balance at December 31, 2009
 
$
84,360

Reduction for tax positions of current period
 
(2,202
)
Additions for tax positions of prior years
 
3

Reduction for tax positions of prior years
 
(6,109
)
Reduction for settlement with tax authority
 
(15,077
)
Reduction for lapse of statute of limitations
 

Balance at December 31, 2010
 
$
60,975

Reduction for tax positions of current period
 
(4,018
)
Additions for tax positions of prior years
 
4,271

Reduction for tax positions of prior years
 
(8,670
)
Reduction for settlement with tax authority
 

Reduction for lapse of statute of limitations
 

Balance at December 31, 2011
 
$
52,558