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Lease Commitments

9 Months Ended

Sep. 30, 2021

The Company leases office buildings, vehicles, and other equipment. In addition, PNM leases interests in PVNGS Units 1 and 2 and certain rights-of-way agreements are classified as leases. All of the Company's leases with terms in excess of one year are recorded on the balance sheet by recording a present value lease liability and a corresponding right-of-use asset. Operating lease expense is recognized within operating expenses according to the use of the asset on a straight-line basis. Financing lease costs, which are comprised primarily of fleet and office equipment leases commencing after January 1, 2019, are recognized by amortizing the right-of-use asset on a straight-line basis and by recording interest expense on the lease liability. Financing lease right-of-use assets amortization is reflected in depreciation and amortization and interest on financing lease liabilities is reflected as interest charges on the Company’s Condensed Consolidated Statements of Earnings.

See additional discussion of the Company's leasing activities in Note 8 of the Notes to Consolidated Financial Statements in the 2020 Annual Reports on Form 10-K.

PVNGS

PNM leases interests in Units 1 and 2 of PVNGS. The PVNGS leases were entered into in 1985 and 1986 and initially were scheduled to expire on January 15, 2015 for the four Unit 1 leases and January 15, 2016 for the four Unit 2 leases. Following procedures set forth in the PVNGS leases, PNM notified four of the lessors under the Unit 1 leases and one lessor under the Unit 2 lease that it would elect to renew those leases on the expiration date of the original leases. The four Unit 1 leases now expire on January 15, 2023 and the one Unit 2 lease now expires on January 15, 2024. The annual lease payments during the renewal periods aggregate $16.5 million for PVNGS Unit 1 and $1.6 million for Unit 2.

The terms of each of the extended leases do not provide for additional renewal options beyond their currently scheduled expiration dates. PNM had the option to purchase the assets underlying each of the extended leases at their fair market value or to return the lease interests to the lessors on the expiration dates. On June 11, 2020, PNM provided notice to the lessors and the

NMPRC of its intent to return the assets underlying both the PVNGS Unit 1 and Unit 2 leases upon their expiration in January 2023 and 2024. Although PNM elected to return the assets underlying the extended leases, PNM retains certain obligations related to PVNGS, including costs to decommission the facility. PNM is depreciating its capital improvements related to the extended leases using NMPRC approved rates through the end of the NRC license period for each unit, which expire in June 2045 for Unit 1 and in June 2046 for Unit 2. On April 5, 2021, PNM and SRP entered into an Asset Purchase and Sale Agreement, pursuant to which PNM agreed to sell to SRP certain PNM-owned assets and nuclear fuel necessary to the ongoing operation and maintenance of leased capacity in PVNGS Unit 1 and Unit 2, which SRP has agreed to acquire from the lessors upon termination of the existing leases. The proposed transaction between PNM and SRP is subject to receipt by PNM of approval by the NMPRC and PNM and SRP require NRC approval for the transfer of the associated possessory licenses at the end of the term of each of the respective leases. If the proposed transaction is not consummated, PNM may be required to retain all or a portion of its currently leased capacity in PVNGS or be exposed to other claims for damages by the lessors. PNM will seek to recover its undepreciated investments, as well as any other obligations related to PVNGS from NM retail customers. See PVNGS Leased Interest Abandonment Application discussion in Note 12.

PNM is exposed to loss under the PVNGS lease arrangements upon the occurrence of certain events that PNM does not consider reasonably likely to occur. Under certain circumstances (for example, the NRC issuing specified violation orders with respect to PVNGS or the occurrence of specified nuclear events), PNM would be required to make specified payments to the lessors and take title to the Leased Interests. If such an event had occurred as of September 30, 2021, amounts due to the lessors under the circumstances described above would be up to $148.4 million, payable on January 15, 2022 in addition to the scheduled lease payments due on that date.

Land Easements and Rights-of-Ways

Many of PNM’s electric transmission and distribution facilities are located on lands that require the grant of rights-of-way from governmental entities, Native American tribes, or private parties. PNM has completed several renewals of rights-of-way, the largest of which is a renewal with the Navajo Nation. PNM is obligated to pay the Navajo Nation annual payments of $6.0 million, subject to adjustment each year based on the Consumer Price Index, through 2029. PNM’s April 2021 payment for the amount due under the Navajo Nation right-of-way lease was $7.3 million, which included amounts due under the Consumer Price Index adjustment. Changes in the Consumer Price Index subsequent to January 1, 2019 are considered variable lease payments.

PNM has other prepaid rights-of-way agreements that are not accounted for as leases or recognized as a component of plant in service. PNM reflects the unamortized balance of these prepayments in other deferred charges on the Condensed Consolidated Balance Sheets and recognizes amortization expense associated with these agreements in the Condensed Consolidated Statement of Earnings over their term. As of September 30, 2021 and December 31, 2020, the unamortized balance of these rights-of-ways was $54.0 million and $55.8 million. PNM recognized amortization expense associated with these agreements of $0.9 million and $2.8 million in the three and nine months ended September 30, 2021 and $0.9 million and $2.8 million in the three and nine months ended September 30, 2020.

Fleet Vehicles and Equipment

Fleet vehicle and equipment leases commencing on or after January 1, 2019 are classified as financing leases. Fleet vehicle and equipment leases existing as of December 31, 2018 are classified as operating leases. The Company’s fleet vehicle and equipment lease agreements include non-lease components for insignificant administrative and other costs that are billed over the life of the agreement. At September 30, 2021, residual value guarantees on fleet vehicle and equipment leases are $0.8 million, $1.5 million, and $2.3 million for PNM, TNMP, and PNMR Consolidated.

Information related to the Company’s operating leases recorded on the Condensed Consolidated Balance Sheets is presented below:


	September 30, 2021						December 31, 2020
	PNM		TNMP		PNMR Consolidated		PNM		TNMP		PNMR Consolidated
	(In thousands)
Operating leases:
Operating lease assets, net of amortization	$	79,808	$	5,778	$	85,956	$	97,461	$	7,206	$	105,133
Current portion of operating lease liabilities	26,166		1,988		28,230		25,130		2,193		27,460
Long-term portion of operating lease liabilities	51,233		3,579		55,106		75,941		4,779		81,065

As discussed above, the Company classifies its fleet vehicle and equipment leases and its office equipment leases commencing on or after January 1, 2019 as financing leases.

Information related to the Company’s financing leases recorded on the Condensed Consolidated Balance Sheets is presented below:


	September 30, 2021						December 31, 2020
	PNM		TNMP		PNMR Consolidated		PNM		TNMP		PNMR Consolidated
	(In thousands)
Financing leases:
Non-utility property	$	14,276	$	15,722	$	30,328	$	11,453	$	13,299	$	25,055
Accumulated depreciation	(3,838)		(4,185)		(8,185)		(2,044)		(2,241)		(4,383)
Non-utility property, net	10,438		11,537		22,143		9,409		11,058		20,672

Other current liabilities	2,620		2,897		5,602		1,993		2,397		4,470
Other deferred credits	7,639		8,649		16,373		7,176		8,669		15,972

Information concerning the weighted average remaining lease terms and the weighted average discount rates used to determine the Company’s lease liabilities as of September 30, 2021 is presented below:



	PNM		TNMP		PNMR Consolidated
Weighted average remaining lease term (years):
Operating leases	5.83		3.08		5.65
Financing leases	4.31		4.35		4.32

Weighted average discount rate:
Operating leases	3.99	%	3.97	%	3.98	%
Financing leases	2.62	%	2.72	%	2.67	%

Information for the components of lease expense is as follows:


	Three Months Ended September 30, 2021						Nine Months Ended September 30, 2021
	PNM		TNMP		PNMR Consolidated		PNM		TNMP		PNMR Consolidated
	(In thousands)
Operating lease cost:	$	6,569	$	594	$	7,192	$	20,020	$	1,880	$	22,006
Amounts capitalized	(199)		(517)		(716)		(645)		(1,618)		(2,264)
Total operating lease expense	6,370		77		6,476		19,375		262		19,742
Financing lease cost:
Amortization of right-of-use assets	657		693		1,372		1,793		1,944		3,802
Interest on lease liabilities	66		78		145		193		230		426
Amounts capitalized	(452)		(709)		(1,161)		(1,235)		(1,967)		(3,202)
Total financing lease expense	271		62		356		751		207		1,026

Variable lease expense	106		—		106		274		—		274
Short-term lease expense (1)	1,572		2		1,578		1,821		6		1,857
Total lease expense for the period	$	8,319	$	141	$	8,516	$	22,221	$	475	$	22,899

(1) Includes expense of $1.4 million for the three and nine months ended September 30, 2021 for rental of temporary cooling towers associated with the SJGS Unit 1 outage. These amounts are partially offset with insurance reimbursements of $0.9 million for the three and nine months ended September 30, 2021. For additional information on the SJGS Unit 1 outage see Note 12.


	Three Months Ended September 30, 2020						Nine Months Ended September 30, 2020
	PNM		TNMP		PNMR Consolidated		PNM		TNMP		PNMR Consolidated
	(In thousands)
Operating lease cost:	$	6,798	$	685	$	7,545	$	20,538	$	2,205	$	22,938
Amounts capitalized	(248)		(577)		(825)		(786)		(1,812)		(2,599)
Total operating lease expense	6,550		108		6,720		19,752		393		20,339
Financing lease cost:
Amortization of right-of-use assets	435		439		893		1,022		1,110		2,187
Interest on lease liabilities	58		74		134		156		198		358
Amounts capitalized	(281)		(452)		(733)		(682)		(1,105)		(1,787)
Total financing lease expense	212		61		294		496		203		758

Variable lease expense	63		—		63		158		—		158
Short-term lease expense	16		4		22		176		5		183
Total lease expense for the period	$	6,841	$	173	$	7,099	$	20,582	$	601	$	21,438

Supplemental cash flow information related to the Company’s leases is as follows:


	Nine Months Ended						Nine Months Ended
	September 30, 2021						September 30, 2020
	PNM		TNMP		PNMR Consolidated		PNM		TNMP		PNMR Consolidated
	(In thousands)
Cash paid for amounts included in the measurement of lease liabilities:
Operating cash flows from operating leases	$	25,511	$	262	$	25,897	$	25,804	$	483	$	26,708
Operating cash flows from financing leases	65		24		92		58		32		94
Finance cash flows from financing leases	621		234		920		378		215		646

Non-cash information related to right-of-use assets obtained in exchange for lease obligations:
Operating leases	$	—	$	317	$	317	$	—	$	—	$	—
Financing leases	2,898		2,642		5,567		5,635		6,309		11,985

For the nine months ended September 30, 2021, capitalized costs excluded from the operating and financing cash paid for leases above are $0.6 million and $1.2 million at PNM, $1.6 million and $2.0 million at TNMP, and $2.3 million and $3.2 million at PNMR. For the nine months ended September 30, 2020, capitalized costs excluded from the operating and financing cash paid for leases above are $0.8 million and $0.7 million at PNM, $1.8 million and $1.1 million at TNMP, and $2.6 million and $1.8 million at PNMR. These capitalized costs are reflected as investing activities on the Company’s Condensed Consolidated Statements of Cash Flows for the nine months ended September 30, 2021 and 2020.

Future expected lease payments are shown below:


	As of September 30, 2021
	PNM				TNMP				PNMR Consolidated
	Financing		Operating		Financing		Operating		Financing		Operating
	(In thousands)
Remainder of 2021	$	709	$	334	$	800	$	538	$	1,532	$	935
2022	2,767		26,266		3,125		1,990		5,980		28,467
2023	2,649		17,735		2,906		1,750		5,607		19,665
2024	1,972		7,908		2,438		877		4,421		8,833
2025	1,164		6,946		1,545		702		2,710		7,685
Later years	1,335		27,520		1,417		76		2,752		27,816
Total minimum lease payments	10,596		86,709		12,231		5,933		23,002		93,401
Less: Imputed interest	337		9,310		685		366		1,027		10,065
Lease liabilities as of September 30, 2021	$	10,259	$	77,399	$	11,546	$	5,567	$	21,975	$	83,336

The above table includes $11.3 million, $15.0 million, and $26.3 million for PNM, TNMP, and PNMR at September 30, 2021 for expected future payments on fleet vehicle and equipment leases that could be avoided if the leased assets were returned and the lessor is able to recover estimated market value for the equipment from third parties. The Company’s contractual commitments for leases that have not yet commenced are insignificant.

Lease Commitments