0001104659-18-041915.txt : 20180625 0001104659-18-041915.hdr.sgml : 20180625 20180625070100 ACCESSION NUMBER: 0001104659-18-041915 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20180622 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20180625 DATE AS OF CHANGE: 20180625 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Duke Energy CORP CENTRAL INDEX KEY: 0001326160 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 202777218 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32853 FILM NUMBER: 18915979 BUSINESS ADDRESS: STREET 1: 550 SOUTH TRYON STREET STREET 2: DEC45A CITY: CHARLOTTE STATE: NC ZIP: 28202 BUSINESS PHONE: 980-373-9093 MAIL ADDRESS: STREET 1: 550 SOUTH TRYON STREET STREET 2: DEC45A CITY: CHARLOTTE STATE: NC ZIP: 28202 FORMER COMPANY: FORMER CONFORMED NAME: Duke Energy Holding Corp. DATE OF NAME CHANGE: 20050628 FORMER COMPANY: FORMER CONFORMED NAME: Deer Holding Corp. DATE OF NAME CHANGE: 20050504 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Duke Energy Carolinas, LLC CENTRAL INDEX KEY: 0000030371 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 560205520 STATE OF INCORPORATION: NC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-04928 FILM NUMBER: 18915978 BUSINESS ADDRESS: STREET 1: 526 SOUTH CHURCH STREET STREET 2: EC03T CITY: CHARLOTTE STATE: NC ZIP: 28202 BUSINESS PHONE: 704-594-6200 MAIL ADDRESS: STREET 1: 526 SOUTH CHURCH STREET STREET 2: EC03T CITY: CHARLOTTE STATE: NC ZIP: 28202 FORMER COMPANY: FORMER CONFORMED NAME: Duke Power CO LLC DATE OF NAME CHANGE: 20060403 FORMER COMPANY: FORMER CONFORMED NAME: DUKE ENERGY CORP DATE OF NAME CHANGE: 19970618 FORMER COMPANY: FORMER CONFORMED NAME: DUKE POWER CO /NC/ DATE OF NAME CHANGE: 19920703 8-K 1 a18-16012_18k.htm 8-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): June 22, 2018

 

Commission file
number

 

Registrant, State of Incorporation or Organization,
Address of Principal Executive Offices, and Telephone Number

 

IRS Employer
Identification
No.

 

 

 

 

 

 

DUKE ENERGY CORPORATION

 

 

 

 

(a Delaware corporation)

 

 

1-32853

 

550 South Tryon Street

 

20-2777218

 

 

Charlotte, North Carolina 28202-1803

 

 

 

 

704-382-3853

 

 

 

 

 

 

 

1-4928

 

DUKE ENERGY CAROLINAS, LLC

 

56-0205520

 

 

(a North Carolina limited liability company)

 

 

 

 

526 South Church Street

 

 

 

 

Charlotte, North Carolina 28202-1803

 

 

 

 

704-382-3853

 

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

o        Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o        Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o        Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o        Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240. 13e-4(c))

 

o        Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

Emerging growth company o

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. o

 

 

 



 

Item 8.01.   Other Events.

 

On June 22, 2018, the North Carolina Utilities Commission (the “NCUC”) issued an order (the “Order”) approving, without modification, the Agreement and Stipulation of Partial Settlement between Duke Energy Carolinas, LLC (“DEC”) and the Public Staff - North Carolina Utilities Commission (the “Stipulation”) which settled certain issues in the rate case proceeding which DEC filed on August 25, 2017, with the NCUC. The Stipulation included, among other things, a return on equity of 9.9% based upon a capital structure of 52% equity and 48% debt, and the return to customers of North Carolina state excess deferred income taxes over four years through a rider. The Order denied the Pilot Grid Rider Agreement and Stipulation entered into by DEC and intervenors Environmental Defense Fund, Sierra Club and North Carolina Sustainable Energy Association.

 

The Order also resolves the outstanding items in the rate case proceeding, including implementation of the Federal Tax Cuts and Jobs Act; the cancelation and treatment of costs for the Lee Nuclear Project; DEC’s proposal for a Grid Reliability and Resiliency Rider and the recovery of deferred coal ash costs. A summary providing the details of the Order is attached to this Form 8-K as Exhibit 99.1.

 

As outlined in the attached summary, DEC is currently seeking clarification from the NCUC on certain items that were not clearly addressed by the Order.

 

The preliminary estimate for rate base for DEC’s retail customers in North Carolina addressed in the rate case is approximately $14.1 billion. New rates will become effective one day after the NCUC approves the filing by DEC recalculating the revenue requirement based on the findings and conclusions in the Order, currently estimated by mid-July. As a result of the Order, Duke Energy Corporation will take an estimated pre-tax impairment charge of approximately $150 million in the second quarter of 2018 which will be excluded from adjusted diluted earnings per share and treated as a special item.

 

Item 9.01.   Financial Statements and Exhibits.

 

(d)                                 Exhibits.

 

99.1

 

Duke Energy Carolinas Summary of Order Issued by the North Carolina Utilities Commission

 

2



 

SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

DUKE ENERGY CORPORATION

 

 

 

 

Date: June 25, 2018

By:

/s/ Julia S. Janson

 

Name:

Julia S. Janson

 

Title:

Executive Vice President, External Affairs, Chief Legal Officer and Corporate Secretary

 

 

 

DUKE ENERGY CAROLINAS, LLC

 

 

 

 

Date: June 25, 2018

By:

/s/ Julia S. Janson

 

Name:

Julia S. Janson

 

Title:

Executive Vice President, External Affairs, Chief Legal Officer and Secretary

 

3


EX-99.1 2 a18-16012_1ex99d1.htm EX-99.1

Exhibit 99.1

 

Duke Energy Carolinas

Summary of Order Issued by the North Carolina Utilities Commission

(Docket E-7 Sub 1146)

 

Background

 

·                  On August 25, 2017, Duke Energy Carolinas (DEC) filed a rate case with the North Carolina Utilities Commission (NCUC) to request an average 13.6% increase in retail revenues, or approximately $647 million:

·                  The rate case filing requested an overall rate of return of 7.93% based on approval of a 10.75% return on equity (ROE) and a 53% equity component of the capital structure

·                  The filing was based on a North Carolina retail rate base of $13.8 billion as of December 31, 2016, and adjusted for known and measurable changes through December  2017

·                  On March 1, 2018, DEC and the Public Staff - North Carolina Utilities Commission (Public Staff) filed testimony consistent with their Agreement and Stipulation of Partial Settlement (Stipulation) resolving certain issues in the base rate proceeding

·                  The NCUC held an evidentiary hearing on the case from March 5 through March 22, 2018

·                  On April 27, 2018, DEC filed a post-hearing brief, which included DEC’s proposal for implementing the Federal Tax Cuts and Jobs Act (the Tax Act) and intermediate steps the NCUC could take to approve the Power/Forward Carolinas plan and associated Grid Rider

·                  On June 1, 2018, DEC and intervenors Environmental Defense Fund, Sierra Club and North Carolina Sustainable Energy Association filed a Pilot Grid Rider Agreement and Stipulation (Grid Rider Stipulation) in which the parties agreed to the proposal DEC introduced in the post-hearing brief on April 27, 2018, along with additional commitments by DEC

·                  On June 22, 2018, the NCUC issued an order approving the Stipulation without modification, denying the Grid Rider Stipulation, and addressing the other outstanding items in the case

 

Major Components of the Order

 

Stipulation:

 

·                  Approves the Stipulation with the Public Staff, including an ROE of 9.9% based upon a capital structure of 52% equity and 48% debt

·                  Returns excess North Carolina state deferred income taxes (N.C. state EDIT) to customers over 4 years through a rider (rather than 5 years under the original request)

·                  Removes recovery of Customer Connect project costs from the revenue requirement, while permitting deferral treatment of such project costs

 

Coal Ash:

 

·                  Approves recovery of deferred coal ash costs as reasonable and prudent, known and measureable and used and useful in the provision of service to customers

·                  Approves recovery of $546 million deferred costs over 5 years with a return at DEC’s weighted average cost of capital (WACC)

·                  Assesses a $70 million management penalty by reducing the annual recovery of the deferred coal ash costs by $14 million per year over the 5 year recovery period

·                  Denies DEC’s request for recovery of estimated ongoing coal ash costs of $201 million annually. Instead, these costs will be deferred with a return at DEC’s WACC, to be considered for recovery in the next rate case

 

Grid Rider:

 

·                  Denies the Grid Rider Stipulation and denies deferral treatment of Power/Forward costs. DEC may petition for deferral of grid modernization costs outside of a general rate case proceeding if it can show financial hardship or a stipulation that includes greater consensus among intervening parties on costs being classified as grid modernization

 

Lee Nuclear:

 

·                  Approves cancellation of the Lee Nuclear Project, with DEC continuing to maintain the Combined Operating License

·                  Allows DEC to recover $347 million (NC retail allocation) of project development costs (including AFUDC through December 31, 2017) over 12 years

·                  Denies a return on the unamortized balance during the 12 year recovery period

 



 

Federal Tax Reform:

 

·                  DEC is able to mitigate the customer rate increase by $212 million annually to reflect the change in the statutory federal tax rate from 35% to 21%

·                  Directs all federal excess deferred income taxes (Federal EDIT) be retained by DEC as a regulatory liability for 3 years or until DEC’s next base rate case, whichever is sooner. At that time, DEC is to propose, and the NCUC will evaluate anew, how and over what time period all Federal EDIT will be returned to customers

·                  Denies DEC’s request for accelerated recovery of certain expenses to mitigate future customer rate impacts

·                  DEC will seek appropriate clarification from the NCUC that the federal EDIT should remain as a reduction to rate base providing customers the benefit of a return on it in current rates and therefore eliminating the need for a separate interest accrual

 

Additional Information

 

·                  DEC is currently seeking appropriate guidance on certain items related to the calculation of plant additions and related accumulated depreciation that were not clearly addressed by the order

·                  As a result of the order, Duke Energy will take an estimated pre-tax charge of approximately $150 million in Q2 2018, which will be treated as a “special item” (excluded from adjusted diluted earnings per share). The charge is primarily related to the denial of a return on the Lee Nuclear Project and the coal ash management penalty described above

·                  The preliminary estimate for rate base for DEC NC retail addressed in the case is $14.1 billion, which includes investments in the new W.S. Lee Combined Cycle unit, two new solar facilities and Advanced Metering Infrastructure (AMI)

·                  New rates to be effective one day after the NCUC approves the required compliance filing, currently estimated by mid-July

 



 

Reconciliation of Request to Order and Estimated Annual Rate Impacts to Customer Bills

 

The figures below are pending review of the Public Staff and are, therefore, subject to change.  Once confirmed by Public Staff, the updated revenue requirement will be filed with the NCUC, currently expected to occur next week, for review and approval.

 

($ in millions)

 

Years
1-4

 

Thereafter

 

Request per original filing

 

$

647

 

$

647

 

Reduced ROE(1)

 

$

(100

)

$

(100

)

Reduced equity component of capital structure(1)

 

$

(18

)

$

(18

)

Remove Customer Connect costs (to be deferred with a return)(1)

 

$

(11

)

$

(11

)

Other Stipulation adjustments(1)

 

$

(13

)

$

(13

)

Return N.C. state EDIT over 4 years through rider(1),(2)

 

$

5

 

$

65

 

Coal ash basin management penalty

 

$

(14

)

$

(14

)

Coal ash basin ongoing costs disallowed

 

$

(201

)

$

(201

)

Remove grid rider

 

$

(36

)

$

(36

)

No return on Lee Nuclear Project development costs

 

$

(18

)

$

(18

)

Other impacts of the order, primarily changes to depreciation rates

 

$

(33

)

$

(33

)

Subtotal: Revenue increase excluding impacts of the Tax Act

 

$

208

 

$

268

 

Revenue decrease associated with a lower federal tax rate(3)

 

$

(212

)

$

(212

)

Grand Total: Cumulative net annualized revenue (decrease)/ increase, subject to NCUC review and approval

 

$

(4

)

$

56

 

Cumulative net annualized customer (decrease)/ increase (%)

 

-0.1

%

1.2

%

 


(1)  Per the DEC Stipulation with the Public Staff approved by the NCUC

(2)  Original request included return of N.C. state EDIT over 5 years through base rates

(3)  DEC’s proposal included i) reducing the revenue requirement by $212 million for the lower federal tax rate, ii) reducing the revenue requirement by $34 million for the return of protected Federal EDIT, iii) reducing the revenue requirement by $62 million for the return of unprotected Federal EDIT, offset by iv) an increase in the revenue requirement of $200 million for accelerated cost recovery to mitigate future customer rate impacts

 


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