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Income Taxes
12 Months Ended
Dec. 31, 2017
Income Taxes [Line Items]  
Income Taxes
Income Taxes
A reconciliation of reported income tax expense for PSEG with the amount computed by multiplying pre-tax income by the statutory federal income tax rate of 35% is as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Years Ended December 31,
 
 
PSEG
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
Net Income
 
$
1,574

 
$
887

 
$
1,679

 
 
Income Taxes:
 
 
 
 
 
 
 
 
Operating Income:
 
 
 
 
 
 
 
 
Current Expense (Benefit):
 
 
 
 
 
 
 
 
Federal
 
$
86

 
$
(74
)
 
$
243

 
 
State
 
(31
)
 
61

 
85

 
 
Total Current
 
55

 
(13
)
 
328

 
 
Deferred (Benefit) Expense:
 
 
 
 
 
 
 
 
Federal
 
(482
)
 
311

 
540

 
 
State
 
92

 
28

 
104

 
 
Total Deferred
 
(390
)
 
339

 
644

 
 
Investment Tax Credit (ITC)
 
29

 
85

 
29

 
 
Total Income Tax (Benefit) Expense
 
$
(306
)
 
$
411

 
$
1,001

 
 
Pre-Tax Income
 
$
1,268

 
$
1,298

 
$
2,680

 
 
Tax Computed at Statutory Rate @ 35%
 
$
444

 
$
454

 
$
938

 
 
Increase (Decrease) Attributable to Flow-Through of Certain Tax Adjustments:
 
 
 
 
 
 
 
 
State Income Taxes (net of federal income tax)
 
36

 
56

 
129

 
 
Uncertain Tax Positions
 
(3
)
 
(31
)
 
7

 
 
Manufacturing Deduction
 
(13
)
 
(17
)
 
(10
)
 
 
NDT Fund
 
19

 
3

 
7

 
 
Plant-Related Items
 
(23
)
 
(20
)
 
(20
)
 
 
Tax Credits
 
(22
)
 
(25
)
 
(13
)
 
 
Audit Settlement
 
6

 

 

 
 
Nuclear Decommissioning Tax Carryback
 

 

 
(33
)
 
 
Provisional Deferred Tax Benefit - Tax Act
 
(755
)
 

 

 
 
Other
 
5

 
(9
)
 
(4
)
 
 
Sub-Total
 
(750
)
 
(43
)
 
63

 
 
Total Income Tax (Benefit) Expense
 
$
(306
)
 
$
411

 
$
1,001

 
 
Effective Income Tax Rate
 
(24.1
)%
 
31.7
%
 
37.4
%
 
 
 
 
 
 
 
 
 
 


 
The following is an analysis of deferred income taxes for PSEG:
 
 
 
 
 
 
 
 
 
 
As of December 31,
 
 
PSEG
 
2017
 
2016
 
 
 
 
Millions
 
 
Deferred Income Taxes
 
 
 
 
 
 
Assets:
 
 
 
 
 
 
Noncurrent
 
 
 
 
 
 
Regulatory Liability Excess Deferred Tax
 
$
602

 
$

 
 
OPEB
 
217

 
283

 
 
Related to Uncertain Tax Position
 
142

 
155

 
 
Total Noncurrent Assets
 
$
961

 
$
438

 
 
 
 
 
 
 
 
 
Liabilities:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Plant-Related Items
 
$
4,257

 
$
6,593

 
 
New Jersey Corporate Business Tax
 
674

 
674

 
 
Leasing Activities
 
384

 
565

 
 
AROs and NDT Fund
 
233

 
398

 
 
Pension Costs
 
123

 
197

 
 
Taxes Recoverable Through Future Rates (net)
 
80

 
208

 
 
Other
 
171

 
212

 
 
Total Noncurrent Liabilities
 
$
5,922

 
$
8,847

 
 
Summary of Accumulated Deferred Income Taxes:
 
 
 
 
 
 
Net Noncurrent Deferred Income Tax Liabilities
 
$
4,961

 
$
8,409

 
 
ITC
 
279

 
249

 
 
Net Total Noncurrent Deferred Income Taxes and ITC
 
$
5,240

 
$
8,658

 
 
 
 
 
 
 
 

The deferred tax effect of certain assets and liabilities is presented in the table above net of the deferred tax effect associated with the respective regulatory deferrals. Also, the deferred tax effect of AROs is presented net of the deferred tax effect of the associated funding of those obligations.
In December 2017, new tax legislation was enacted, reducing the statutory U.S. corporate income tax rate from a maximum of 35% to 21%, effective January 1, 2018. PSEG is subject to ASC 740, which requires that the effect on deferred tax assets and liabilities of a change in tax rates be recognized in the period the tax rate was enacted. The impact of the reduced tax rate is the primary reason for the decrease in the deferred tax liabilities.



A reconciliation of reported income tax expense for PSE&G with the amount computed by multiplying pre-tax income by the statutory federal income tax rate of 35% is as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Years Ended December 31,
 
 
PSE&G
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
Net Income
 
$
973

 
$
889

 
$
787

 
 
Income Taxes:
 
 
 
 
 
 
 
 
Operating Income:
 
 
 
 
 
 
 
 
Current (Benefit) Expense:
 
 
 
 
 
 
 
 
Federal
 
$
(52
)
 
$
(153
)
 
$
32

 
 
State
 
(1
)
 
10

 
52

 
 
Total Current
 
(53
)
 
(143
)
 
84

 
 
Deferred Expense:
 
 
 
 
 
 
 
 
Federal
 
492

 
551

 
325

 
 
State
 
129

 
102

 
52

 
 
Total Deferred
 
621

 
653

 
377

 
 
ITC
 
(5
)
 
5

 
9

 
 
Total Income Tax Expense
 
$
563

 
$
515

 
$
470

 
 
Pre-Tax Income
 
$
1,536

 
$
1,404

 
$
1,257

 
 
Tax Computed at Statutory Rate @ 35%
 
$
538

 
$
491

 
$
440

 
 
Increase (Decrease) Attributable to Flow-Through of Certain Tax Adjustments:
 
 
 
 
 
 
 
 
State Income Taxes (net of federal income tax)
 
83

 
72

 
67

 
 
Uncertain Tax Positions
 
(9
)
 
(18
)
 
(14
)
 
 
Plant-Related Items
 
(23
)
 
(20
)
 
(20
)
 
 
Tax Credits
 
(9
)
 
(7
)
 
(6
)
 
 
Provisional Deferred Tax Benefit - Tax Act
 
(10
)
 

 

 
 
Other
 
(7
)
 
(3
)
 
3

 
 
Sub-Total
 
25

 
24

 
30

 
 
Total Income Tax Expense
 
$
563

 
$
515

 
$
470

 
 
Effective Income Tax Rate
 
36.7
%
 
36.7
%
 
37.4
%
 
 
 
 
 
 
 
 
 
 















The following is an analysis of deferred income taxes for PSE&G:
 
 
 
 
 
 
 
 
 
 
As of December 31,
 
 
PSE&G
 
2017
 
2016
 
 
 
 
Millions
 
 
Deferred Income Taxes
 
 
 
 
 
 
Assets:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
     Regulatory Liability Excess Deferred Tax
 
$
602

 
$

 
 
OPEB
 
116

 
189

 
 
Total Noncurrent Assets
 
$
718

 
$
189

 
 
Liabilities:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Plant-Related Items
 
$
3,311

 
$
4,983

 
 
New Jersey Corporate Business Tax
 
378

 
385

 
 
Pension Costs
 
152

 
252

 
 
Conservation Costs
 
24

 
33

 
 
Taxes Recoverable Through Future Rates (net)
 
80

 
208

 
 
Other
 
86

 
118

 
 
Total Noncurrent Liabilities
 
$
4,031

 
$
5,979

 
 
Summary of Accumulated Deferred Income Taxes:
 
 
 
 
 
 
Net Noncurrent Deferred Income Tax Liabilities
 
$
3,313

 
$
5,790

 
 
ITC
 
78

 
83

 
 
Net Total Noncurrent Deferred Income Taxes and ITC
 
$
3,391

 
$
5,873

 
 
 
 
 
 
 
 

The deferred tax effect of certain assets and liabilities is presented in the table above net of the deferred tax effect associated with the respective regulatory deferrals.
In December 2017, new tax legislation was enacted, reducing the statutory U.S. corporate income tax rate from a maximum of 35% to 21%, effective January 1, 2018. PSE&G is subject to ASC 740, which requires that the effect on deferred tax assets and liabilities of a change in tax rates be recognized in the period the tax rate was enacted. The impact of the reduced tax rate is the primary reason for the decrease in the deferred tax liabilities.





A reconciliation of reported income tax expense for Power with the amount computed by multiplying pre-tax income by the statutory federal income tax rate of 35% is as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Years Ended December 31,
 
 
Power
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
Net Income
 
$
479

 
$
18

 
$
856

 
 
Income Taxes:
 
 
 
 
 
 
 
 
Operating Income:
 
 
 
 
 
 
 
 
Current Expense (Benefit):
 
 
 
 
 
 
 
 
Federal
 
$
95

 
$
107

 
$
220

 
 
State
 
(17
)
 
40

 
30

 
 
Total Current
 
78

 
147

 
250

 
 
Deferred (Benefit) Expense:
 
 
 
 
 
 
 
 
Federal
 
(804
)
 
(222
)
 
189

 
 
State
 
(37
)
 
(68
)
 
52

 
 
Total Deferred
 
(841
)
 
(290
)
 
241

 
 
ITC
 
34

 
82

 
20

 
 
Total Income Tax (Benefit) Expense
 
$
(729
)
 
$
(61
)
 
$
511

 
 
Pre-Tax (Loss) Income
 
$
(250
)
 
$
(43
)
 
$
1,367

 
 
Tax Computed at Statutory Rate @ 35%
 
$
(88
)
 
$
(15
)
 
$
478

 
 
Increase (Decrease) Attributable to Flow-Through of Certain Tax Adjustments:
 
 
 
 
 
 
 
 
State Income Taxes (net of federal income tax)
 
(36
)
 
(18
)
 
59

 
 
Manufacturing Deduction
 
(13
)
 
(17
)
 
(10
)
 
 
NDT Fund
 
19

 
3

 
7

 
 
Tax Credits
 
(12
)
 
(18
)
 
(7
)
 
 
Uncertain Tax Positions
 
7

 
9

 
22

 
 
Audit Settlement
 
1

 

 

 
 
Nuclear Decommissioning Tax Carryback
 

 

 
(33
)
 
 
Provisional Deferred Tax Benefit - Tax Act
 
(610
)
 

 

 
 
Other
 
3

 
(5
)
 
(5
)
 
 
Sub-Total
 
(641
)
 
(46
)
 
33

 
 
Total Income Tax (Benefit) Expense
 
$
(729
)
 
$
(61
)
 
$
511

 
 
Effective Income Tax Rate
 
291.6
%
 
141.9
%
 
37.4
%
 
 
 
 
 
 
 
 
 
 


The following is an analysis of deferred income taxes for Power:
 
 
 
 
 
 
 
 
 
 
As of December 31,
 
 
Power
 
2017
 
2016
 
 
 
 
Millions
 
 
Deferred Income Taxes
 
 
 
 
 
 
Assets:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Related to Uncertain Tax Positions
 
$
45

 
$
53

 
 
Pension Costs
 
40

 
68

 
 
Contractual Liabilities & Environmental Costs
 
12

 
18

 
 
Other
 
93

 
76

 
 
Total Noncurrent Assets
 
$
190

 
$
215

 
 
Liabilities:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Plant-Related Items
 
$
935

 
$
1,605

 
 
AROs and NDT Fund
 
235

 
400

 
 
New Jersey Corporate Business Tax
 
225

 
214

 
 
Total Noncurrent Liabilities
 
$
1,395

 
$
2,219

 
 
Summary of Accumulated Deferred Income Taxes:
 
 
 
 
 
 
Net Noncurrent Deferred Income Tax Liabilities
 
$
1,205

 
$
2,004

 
 
ITC
 
201

 
166

 
 
Net Total Noncurrent Deferred Income Taxes and ITC
 
$
1,406

 
$
2,170

 
 
 
 
 
 
 
 

In the above table, the deferred tax effect of asset retirement obligations is presented net of the deferred tax effect of the associated funding of those obligations.
PSEG, PSE&G and Power each provide deferred taxes at the enacted statutory tax rate for all temporary differences between the financial statement carrying amounts and the tax bases of existing assets and liabilities irrespective of the treatment for rate-making purposes. Management believes that it is probable that the accumulated tax benefits that previously have been treated as a flow-through item to PSE&G customers will be recovered from or refunded to PSE&G’s customers in the future. See Note 6. Regulatory Assets and Liabilities.
In December 2017, the U.S. government enacted comprehensive tax legislation. The Tax Act establishes new tax laws that will take effect in 2018, including, but not limited to (1) reduction of the U.S. federal corporate tax rate from a maximum of 35% to 21%; (2) elimination of the corporate alternative minimum tax (AMT); (3) a new limitation on deductible interest expense; (4) the repeal of the domestic production activity deduction; (5) limitations on the deductibility of certain executive compensation; and (6) limitations on net operating losses (NOLs) generated after December 31, 2017, to 80% of taxable income. In addition, certain changes were made to the bonus depreciation rules that will impact 2017.
The SEC staff issued Staff Accounting Bulletin 118 (SAB 118), which provides guidance on accounting for the tax effects of the Tax Act. SAB 118 provides a measurement period that should not extend beyond one year from the Tax Act enactment date for companies to complete the accounting under ASC 740. In accordance with SAB 118, a company must reflect the income tax effects of those aspects of the Tax Act for which the accounting under ASC 740 is complete. To the extent that a company’s accounting for certain income tax effects of the Tax Act is incomplete but it is able to determine a reasonable estimate, it must record a provisional estimate in the financial statements. If a company cannot determine a provisional estimate to be included in the financial statements, it should continue to apply ASC 740 on the basis of the provisions of the tax laws that were in effect immediately before the enactment of the Tax Act.
PSEG, PSE&G and Power are subject to ASC 740, which requires that the effect on deferred tax assets and liabilities of a change in tax rates be recognized in the period the tax rate change is enacted.
The majority of the current period activity was determined using the federal income tax rate of 35% and state income tax rate of 9%. As required under ASC 740, the ending 2017 deferred tax balances were adjusted to reflect the enacted lower tax rate, which resulted in a one-time, provisional deferred tax benefit of $755 million, including $610 million related to Power and $149 million related to Energy Holdings (including other impacts related to the new tax legislation, PSEG’s net non-cash provisional earnings benefit was $745 million, including $588 million related to Power and $147 million related to Energy Holdings). In addition, PSE&G had excess deferred taxes of approximately $2.1 billion as of December 31, 2017 and recorded a $2.9 billion revenue impact of these excess deferred taxes as Regulatory Liabilities where it is probable that refunds will be made to customers in future rates. The amount and timing of any such refund cannot be determined at this time.
For certain aspects of the Tax Act, which are discussed below, PSEG, PSE&G and Power made reasonable, good faith estimates for which provisional amounts were recorded.
PSEG’s accounting for the following elements of the Tax Act is incomplete. However, PSEG was able to make reasonable, good faith estimates of certain effects and, therefore, recorded provisional adjustments for the following: the tax rules regarding the appropriate bonus deprecation rate that should be applied to assets placed in service after September 27, 2017 for Power and PSE&G, including the information required to compute the applicable depreciable tax basis, and the impact on PSEG’s, PSE&G’s and Power’s deferred taxes associated with FIN 48 reserves.
Further, the Tax Act is unclear in certain respects and will require interpretations and implementing regulations by the Internal Revenue Service (IRS), as well as state tax authorities. The Tax Act could also be subject to potential amendments and technical corrections which could impact PSEG, PSE&G and Power’s financial statements.
In December 2015, the U.S. government enacted the Protecting Americans from Tax Hikes Act of 2015 (2015 Tax Act). Among other provisions, the 2015 Tax Act included an extension of the bonus depreciation rules and the 30% ITC for qualified property placed into service after 2016. Qualified property that is placed in service from January 1, 2015 through December 31, 2017 is eligible for 50% bonus depreciation. The provisions of the 2015 Tax Act have generated significant cash tax benefits for PSEG, PSE&G and Power through tax benefits related to the accelerated depreciation. Those tax benefits would have otherwise been received over an estimated average 20 year period. However, the tax benefits have a negative impact on the rate base of several of PSE&G’s programs.
For the period beginning September 28, 2017, subject to the transition rules, the Tax Act has modified the bonus depreciation rules of the 2015 Tax Act. Subject to further guidance, it is expected that Power will be entitled to 100% expensing and bonus depreciation will no longer apply to PSE&G.
PSEG recorded the following amounts related to its unrecognized tax benefits, which were primarily comprised of amounts recorded for PSE&G, Power and Energy Holdings:
 
 
 
 
 
 
 
 
 
 
 
 
2017
 
PSEG
 
PSE&G
 
Power
 
Energy
Holdings
 
 
 
 
Millions
 
 
Total Amount of Unrecognized Tax Benefits as of January 1, 2017
 
$
328

 
$
140

 
$
128

 
$
57

 
 
Increases as a Result of Positions Taken in a Prior Period
 
40

 
15

 
18

 
8

 
 
Decreases as a Result of Positions Taken in a Prior Period
 
(32
)
 
(11
)
 
(10
)
 
(13
)
 
 
Increases as a Result of Positions Taken during the Current Period
 
12

 
5

 
6

 
1

 
 
Decreases as a Result of Positions Taken during the Current Period
 
(1
)
 
(1
)
 

 

 
 
Decreases as a Result of Settlements with Taxing Authorities
 

 

 

 

 
 
Decreases due to Lapses of Applicable Statute of Limitations
 
(13
)
 
(13
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits as of December 31, 2017
 
$
334

 
$
135

 
$
142

 
$
53

 
 
Accumulated Deferred Income Taxes Associated with Unrecognized Tax Benefits
 
(157
)
 
(73
)
 
(72
)
 
(12
)
 
 
Regulatory Asset—Unrecognized Tax Benefits
 
(56
)
 
(56
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits that if Recognized, would Impact the Effective Tax Rate (including Interest and Penalties)
 
$
121

 
$
6

 
$
70

 
$
41

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2016
 
PSEG
 
PSE&G
 
Power
 
Energy
Holdings
 
 
 
 
Millions
 
 
Total Amount of Unrecognized Tax Benefits as of January 1, 2016
 
$
386

 
$
181

 
$
111

 
$
93

 
 
Increases as a Result of Positions Taken in a Prior Period
 
12

 
3

 
6

 
2

 
 
Decreases as a Result of Positions Taken in a Prior Period
 
(62
)
 
(23
)
 
(1
)
 
(38
)
 
 
Increases as a Result of Positions Taken during the Current Period
 
19

 
6

 
12

 

 
 
Decreases as a Result of Positions Taken during the Current Period
 

 

 

 

 
 
Decreases as a Result of Settlements with Taxing Authorities
 

 

 

 

 
 
Decreases due to Lapses of Applicable Statute of Limitations
 
(27
)
 
(27
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits as of December 31, 2016
 
$
328

 
$
140

 
$
128

 
$
57

 
 
Accumulated Deferred Income Taxes Associated with Unrecognized Tax Benefits
 
(200
)
 
(106
)
 
(74
)
 
(20
)
 
 
Regulatory Asset—Unrecognized Tax Benefits
 
(31
)
 
(31
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits that if Recognized, would Impact the Effective Tax Rate (including Interest and Penalties)
 
$
97

 
$
3

 
$
54

 
$
37

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2015
 
PSEG
 
PSE&G
 
Power
 
Energy
Holdings
 
 
 
 
Millions
 
 
Total Amount of Unrecognized Tax Benefits as of January 1, 2015
 
$
332

 
$
165

 
$
70

 
$
95

 
 
Increases as a Result of Positions Taken in a Prior Period
 
87

 
55

 
28

 
4

 
 
Decreases as a Result of Positions Taken in a Prior Period
 
(50
)
 
(43
)
 
(6
)
 
(1
)
 
 
Increases as a Result of Positions Taken during the Current Period
 
28

 
5

 
23

 

 
 
Decreases as a Result of Positions Taken during the Current Period
 
(1
)
 
(1
)
 

 

 
 
Decreases as a Result of Settlements with Taxing Authorities
 
(10
)
 

 
(4
)
 
(5
)
 
 
Decreases due to Lapses of Applicable Statute of Limitations
 

 

 

 

 
 
Total Amount of Unrecognized Tax Benefits as of December 31, 2015
 
$
386

 
$
181

 
$
111

 
$
93

 
 
Accumulated Deferred Income Taxes Associated with Unrecognized Tax Benefits
 
(264
)
 
(162
)
 
(68
)
 
(34
)
 
 
Regulatory Asset—Unrecognized Tax Benefits
 
(27
)
 
(27
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits that if Recognized, would Impact the Effective Tax Rate (including Interest and Penalties)
 
$
95

 
$
(8
)
 
$
43

 
$
59

 
 
 
 
 
 
 
 
 
 
 
 

PSEG and its subsidiaries include accrued interest and penalties related to uncertain tax positions required to be recorded, as Income Tax Expense in the Consolidated Statements of Operations. Accumulated interest and penalties that are recorded on the Consolidated Balance Sheets on uncertain tax positions were as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Accumulated Interest and Penalties
on Uncertain Tax Positions
as of December 31,
 
 
 
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
PSE&G
 
$
25

 
$
22

 
$
20

 
 
Power
 
24

 
17

 
6

 
 
Energy Holdings
 
21

 
20

 
40

 
 
Total
 
$
70

 
$
59

 
$
66

 
 
 
 
 
 
 
 
 
 


It is reasonably possible that total unrecognized tax benefits will significantly increase or decrease within the next twelve months due to either agreements with various taxing authorities upon audit, the expiration of the Statute of Limitations, or other pending tax matters. These potential increases or decreases are as follows:
 
 
 
 
 
 
Possible (Increase)/Decrease in Total Unrecognized Tax Benefits
 
Over the next
12 Months
 
 
 
 
Millions
 
 
PSEG
 
$
69

 
 
PSE&G
 
$
35

 
 
Power
 
$
30

 
 
 
 
 
 

A description of income tax years that remain subject to examination by material jurisdictions, where an examination has not already concluded are:
 
 
 
 
 
 
 
 
 
 
 
  
PSEG
 
PSE&G
  
Power
 
 
United States
  
 
 
 
  
 
 
 
Federal
  
2011-2016
 
N/A
  
N/A
  
 
New Jersey
  
2006-2016
 
2011-2016
  
N/A
  
 
Pennsylvania
  
2014-2016
 
2014-2016
  
N/A
  
 
Connecticut
  
2016
 
N/A
  
N/A
  
 
Texas
  
2008-2016
 
N/A
  
N/A
  
 
California
  
2006-2016
 
N/A
  
N/A
  
 
New York
  
2014-2016
 
N/A
  
2014-2016
  
 
 
 
 
 
 
 
 
 
PSE&G [Member]  
Income Taxes [Line Items]  
Income Taxes
Income Taxes
A reconciliation of reported income tax expense for PSEG with the amount computed by multiplying pre-tax income by the statutory federal income tax rate of 35% is as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Years Ended December 31,
 
 
PSEG
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
Net Income
 
$
1,574

 
$
887

 
$
1,679

 
 
Income Taxes:
 
 
 
 
 
 
 
 
Operating Income:
 
 
 
 
 
 
 
 
Current Expense (Benefit):
 
 
 
 
 
 
 
 
Federal
 
$
86

 
$
(74
)
 
$
243

 
 
State
 
(31
)
 
61

 
85

 
 
Total Current
 
55

 
(13
)
 
328

 
 
Deferred (Benefit) Expense:
 
 
 
 
 
 
 
 
Federal
 
(482
)
 
311

 
540

 
 
State
 
92

 
28

 
104

 
 
Total Deferred
 
(390
)
 
339

 
644

 
 
Investment Tax Credit (ITC)
 
29

 
85

 
29

 
 
Total Income Tax (Benefit) Expense
 
$
(306
)
 
$
411

 
$
1,001

 
 
Pre-Tax Income
 
$
1,268

 
$
1,298

 
$
2,680

 
 
Tax Computed at Statutory Rate @ 35%
 
$
444

 
$
454

 
$
938

 
 
Increase (Decrease) Attributable to Flow-Through of Certain Tax Adjustments:
 
 
 
 
 
 
 
 
State Income Taxes (net of federal income tax)
 
36

 
56

 
129

 
 
Uncertain Tax Positions
 
(3
)
 
(31
)
 
7

 
 
Manufacturing Deduction
 
(13
)
 
(17
)
 
(10
)
 
 
NDT Fund
 
19

 
3

 
7

 
 
Plant-Related Items
 
(23
)
 
(20
)
 
(20
)
 
 
Tax Credits
 
(22
)
 
(25
)
 
(13
)
 
 
Audit Settlement
 
6

 

 

 
 
Nuclear Decommissioning Tax Carryback
 

 

 
(33
)
 
 
Provisional Deferred Tax Benefit - Tax Act
 
(755
)
 

 

 
 
Other
 
5

 
(9
)
 
(4
)
 
 
Sub-Total
 
(750
)
 
(43
)
 
63

 
 
Total Income Tax (Benefit) Expense
 
$
(306
)
 
$
411

 
$
1,001

 
 
Effective Income Tax Rate
 
(24.1
)%
 
31.7
%
 
37.4
%
 
 
 
 
 
 
 
 
 
 


 
The following is an analysis of deferred income taxes for PSEG:
 
 
 
 
 
 
 
 
 
 
As of December 31,
 
 
PSEG
 
2017
 
2016
 
 
 
 
Millions
 
 
Deferred Income Taxes
 
 
 
 
 
 
Assets:
 
 
 
 
 
 
Noncurrent
 
 
 
 
 
 
Regulatory Liability Excess Deferred Tax
 
$
602

 
$

 
 
OPEB
 
217

 
283

 
 
Related to Uncertain Tax Position
 
142

 
155

 
 
Total Noncurrent Assets
 
$
961

 
$
438

 
 
 
 
 
 
 
 
 
Liabilities:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Plant-Related Items
 
$
4,257

 
$
6,593

 
 
New Jersey Corporate Business Tax
 
674

 
674

 
 
Leasing Activities
 
384

 
565

 
 
AROs and NDT Fund
 
233

 
398

 
 
Pension Costs
 
123

 
197

 
 
Taxes Recoverable Through Future Rates (net)
 
80

 
208

 
 
Other
 
171

 
212

 
 
Total Noncurrent Liabilities
 
$
5,922

 
$
8,847

 
 
Summary of Accumulated Deferred Income Taxes:
 
 
 
 
 
 
Net Noncurrent Deferred Income Tax Liabilities
 
$
4,961

 
$
8,409

 
 
ITC
 
279

 
249

 
 
Net Total Noncurrent Deferred Income Taxes and ITC
 
$
5,240

 
$
8,658

 
 
 
 
 
 
 
 

The deferred tax effect of certain assets and liabilities is presented in the table above net of the deferred tax effect associated with the respective regulatory deferrals. Also, the deferred tax effect of AROs is presented net of the deferred tax effect of the associated funding of those obligations.
In December 2017, new tax legislation was enacted, reducing the statutory U.S. corporate income tax rate from a maximum of 35% to 21%, effective January 1, 2018. PSEG is subject to ASC 740, which requires that the effect on deferred tax assets and liabilities of a change in tax rates be recognized in the period the tax rate was enacted. The impact of the reduced tax rate is the primary reason for the decrease in the deferred tax liabilities.



A reconciliation of reported income tax expense for PSE&G with the amount computed by multiplying pre-tax income by the statutory federal income tax rate of 35% is as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Years Ended December 31,
 
 
PSE&G
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
Net Income
 
$
973

 
$
889

 
$
787

 
 
Income Taxes:
 
 
 
 
 
 
 
 
Operating Income:
 
 
 
 
 
 
 
 
Current (Benefit) Expense:
 
 
 
 
 
 
 
 
Federal
 
$
(52
)
 
$
(153
)
 
$
32

 
 
State
 
(1
)
 
10

 
52

 
 
Total Current
 
(53
)
 
(143
)
 
84

 
 
Deferred Expense:
 
 
 
 
 
 
 
 
Federal
 
492

 
551

 
325

 
 
State
 
129

 
102

 
52

 
 
Total Deferred
 
621

 
653

 
377

 
 
ITC
 
(5
)
 
5

 
9

 
 
Total Income Tax Expense
 
$
563

 
$
515

 
$
470

 
 
Pre-Tax Income
 
$
1,536

 
$
1,404

 
$
1,257

 
 
Tax Computed at Statutory Rate @ 35%
 
$
538

 
$
491

 
$
440

 
 
Increase (Decrease) Attributable to Flow-Through of Certain Tax Adjustments:
 
 
 
 
 
 
 
 
State Income Taxes (net of federal income tax)
 
83

 
72

 
67

 
 
Uncertain Tax Positions
 
(9
)
 
(18
)
 
(14
)
 
 
Plant-Related Items
 
(23
)
 
(20
)
 
(20
)
 
 
Tax Credits
 
(9
)
 
(7
)
 
(6
)
 
 
Provisional Deferred Tax Benefit - Tax Act
 
(10
)
 

 

 
 
Other
 
(7
)
 
(3
)
 
3

 
 
Sub-Total
 
25

 
24

 
30

 
 
Total Income Tax Expense
 
$
563

 
$
515

 
$
470

 
 
Effective Income Tax Rate
 
36.7
%
 
36.7
%
 
37.4
%
 
 
 
 
 
 
 
 
 
 















The following is an analysis of deferred income taxes for PSE&G:
 
 
 
 
 
 
 
 
 
 
As of December 31,
 
 
PSE&G
 
2017
 
2016
 
 
 
 
Millions
 
 
Deferred Income Taxes
 
 
 
 
 
 
Assets:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
     Regulatory Liability Excess Deferred Tax
 
$
602

 
$

 
 
OPEB
 
116

 
189

 
 
Total Noncurrent Assets
 
$
718

 
$
189

 
 
Liabilities:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Plant-Related Items
 
$
3,311

 
$
4,983

 
 
New Jersey Corporate Business Tax
 
378

 
385

 
 
Pension Costs
 
152

 
252

 
 
Conservation Costs
 
24

 
33

 
 
Taxes Recoverable Through Future Rates (net)
 
80

 
208

 
 
Other
 
86

 
118

 
 
Total Noncurrent Liabilities
 
$
4,031

 
$
5,979

 
 
Summary of Accumulated Deferred Income Taxes:
 
 
 
 
 
 
Net Noncurrent Deferred Income Tax Liabilities
 
$
3,313

 
$
5,790

 
 
ITC
 
78

 
83

 
 
Net Total Noncurrent Deferred Income Taxes and ITC
 
$
3,391

 
$
5,873

 
 
 
 
 
 
 
 

The deferred tax effect of certain assets and liabilities is presented in the table above net of the deferred tax effect associated with the respective regulatory deferrals.
In December 2017, new tax legislation was enacted, reducing the statutory U.S. corporate income tax rate from a maximum of 35% to 21%, effective January 1, 2018. PSE&G is subject to ASC 740, which requires that the effect on deferred tax assets and liabilities of a change in tax rates be recognized in the period the tax rate was enacted. The impact of the reduced tax rate is the primary reason for the decrease in the deferred tax liabilities.





A reconciliation of reported income tax expense for Power with the amount computed by multiplying pre-tax income by the statutory federal income tax rate of 35% is as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Years Ended December 31,
 
 
Power
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
Net Income
 
$
479

 
$
18

 
$
856

 
 
Income Taxes:
 
 
 
 
 
 
 
 
Operating Income:
 
 
 
 
 
 
 
 
Current Expense (Benefit):
 
 
 
 
 
 
 
 
Federal
 
$
95

 
$
107

 
$
220

 
 
State
 
(17
)
 
40

 
30

 
 
Total Current
 
78

 
147

 
250

 
 
Deferred (Benefit) Expense:
 
 
 
 
 
 
 
 
Federal
 
(804
)
 
(222
)
 
189

 
 
State
 
(37
)
 
(68
)
 
52

 
 
Total Deferred
 
(841
)
 
(290
)
 
241

 
 
ITC
 
34

 
82

 
20

 
 
Total Income Tax (Benefit) Expense
 
$
(729
)
 
$
(61
)
 
$
511

 
 
Pre-Tax (Loss) Income
 
$
(250
)
 
$
(43
)
 
$
1,367

 
 
Tax Computed at Statutory Rate @ 35%
 
$
(88
)
 
$
(15
)
 
$
478

 
 
Increase (Decrease) Attributable to Flow-Through of Certain Tax Adjustments:
 
 
 
 
 
 
 
 
State Income Taxes (net of federal income tax)
 
(36
)
 
(18
)
 
59

 
 
Manufacturing Deduction
 
(13
)
 
(17
)
 
(10
)
 
 
NDT Fund
 
19

 
3

 
7

 
 
Tax Credits
 
(12
)
 
(18
)
 
(7
)
 
 
Uncertain Tax Positions
 
7

 
9

 
22

 
 
Audit Settlement
 
1

 

 

 
 
Nuclear Decommissioning Tax Carryback
 

 

 
(33
)
 
 
Provisional Deferred Tax Benefit - Tax Act
 
(610
)
 

 

 
 
Other
 
3

 
(5
)
 
(5
)
 
 
Sub-Total
 
(641
)
 
(46
)
 
33

 
 
Total Income Tax (Benefit) Expense
 
$
(729
)
 
$
(61
)
 
$
511

 
 
Effective Income Tax Rate
 
291.6
%
 
141.9
%
 
37.4
%
 
 
 
 
 
 
 
 
 
 


The following is an analysis of deferred income taxes for Power:
 
 
 
 
 
 
 
 
 
 
As of December 31,
 
 
Power
 
2017
 
2016
 
 
 
 
Millions
 
 
Deferred Income Taxes
 
 
 
 
 
 
Assets:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Related to Uncertain Tax Positions
 
$
45

 
$
53

 
 
Pension Costs
 
40

 
68

 
 
Contractual Liabilities & Environmental Costs
 
12

 
18

 
 
Other
 
93

 
76

 
 
Total Noncurrent Assets
 
$
190

 
$
215

 
 
Liabilities:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Plant-Related Items
 
$
935

 
$
1,605

 
 
AROs and NDT Fund
 
235

 
400

 
 
New Jersey Corporate Business Tax
 
225

 
214

 
 
Total Noncurrent Liabilities
 
$
1,395

 
$
2,219

 
 
Summary of Accumulated Deferred Income Taxes:
 
 
 
 
 
 
Net Noncurrent Deferred Income Tax Liabilities
 
$
1,205

 
$
2,004

 
 
ITC
 
201

 
166

 
 
Net Total Noncurrent Deferred Income Taxes and ITC
 
$
1,406

 
$
2,170

 
 
 
 
 
 
 
 

In the above table, the deferred tax effect of asset retirement obligations is presented net of the deferred tax effect of the associated funding of those obligations.
PSEG, PSE&G and Power each provide deferred taxes at the enacted statutory tax rate for all temporary differences between the financial statement carrying amounts and the tax bases of existing assets and liabilities irrespective of the treatment for rate-making purposes. Management believes that it is probable that the accumulated tax benefits that previously have been treated as a flow-through item to PSE&G customers will be recovered from or refunded to PSE&G’s customers in the future. See Note 6. Regulatory Assets and Liabilities.
In December 2017, the U.S. government enacted comprehensive tax legislation. The Tax Act establishes new tax laws that will take effect in 2018, including, but not limited to (1) reduction of the U.S. federal corporate tax rate from a maximum of 35% to 21%; (2) elimination of the corporate alternative minimum tax (AMT); (3) a new limitation on deductible interest expense; (4) the repeal of the domestic production activity deduction; (5) limitations on the deductibility of certain executive compensation; and (6) limitations on net operating losses (NOLs) generated after December 31, 2017, to 80% of taxable income. In addition, certain changes were made to the bonus depreciation rules that will impact 2017.
The SEC staff issued Staff Accounting Bulletin 118 (SAB 118), which provides guidance on accounting for the tax effects of the Tax Act. SAB 118 provides a measurement period that should not extend beyond one year from the Tax Act enactment date for companies to complete the accounting under ASC 740. In accordance with SAB 118, a company must reflect the income tax effects of those aspects of the Tax Act for which the accounting under ASC 740 is complete. To the extent that a company’s accounting for certain income tax effects of the Tax Act is incomplete but it is able to determine a reasonable estimate, it must record a provisional estimate in the financial statements. If a company cannot determine a provisional estimate to be included in the financial statements, it should continue to apply ASC 740 on the basis of the provisions of the tax laws that were in effect immediately before the enactment of the Tax Act.
PSEG, PSE&G and Power are subject to ASC 740, which requires that the effect on deferred tax assets and liabilities of a change in tax rates be recognized in the period the tax rate change is enacted.
The majority of the current period activity was determined using the federal income tax rate of 35% and state income tax rate of 9%. As required under ASC 740, the ending 2017 deferred tax balances were adjusted to reflect the enacted lower tax rate, which resulted in a one-time, provisional deferred tax benefit of $755 million, including $610 million related to Power and $149 million related to Energy Holdings (including other impacts related to the new tax legislation, PSEG’s net non-cash provisional earnings benefit was $745 million, including $588 million related to Power and $147 million related to Energy Holdings). In addition, PSE&G had excess deferred taxes of approximately $2.1 billion as of December 31, 2017 and recorded a $2.9 billion revenue impact of these excess deferred taxes as Regulatory Liabilities where it is probable that refunds will be made to customers in future rates. The amount and timing of any such refund cannot be determined at this time.
For certain aspects of the Tax Act, which are discussed below, PSEG, PSE&G and Power made reasonable, good faith estimates for which provisional amounts were recorded.
PSEG’s accounting for the following elements of the Tax Act is incomplete. However, PSEG was able to make reasonable, good faith estimates of certain effects and, therefore, recorded provisional adjustments for the following: the tax rules regarding the appropriate bonus deprecation rate that should be applied to assets placed in service after September 27, 2017 for Power and PSE&G, including the information required to compute the applicable depreciable tax basis, and the impact on PSEG’s, PSE&G’s and Power’s deferred taxes associated with FIN 48 reserves.
Further, the Tax Act is unclear in certain respects and will require interpretations and implementing regulations by the Internal Revenue Service (IRS), as well as state tax authorities. The Tax Act could also be subject to potential amendments and technical corrections which could impact PSEG, PSE&G and Power’s financial statements.
In December 2015, the U.S. government enacted the Protecting Americans from Tax Hikes Act of 2015 (2015 Tax Act). Among other provisions, the 2015 Tax Act included an extension of the bonus depreciation rules and the 30% ITC for qualified property placed into service after 2016. Qualified property that is placed in service from January 1, 2015 through December 31, 2017 is eligible for 50% bonus depreciation. The provisions of the 2015 Tax Act have generated significant cash tax benefits for PSEG, PSE&G and Power through tax benefits related to the accelerated depreciation. Those tax benefits would have otherwise been received over an estimated average 20 year period. However, the tax benefits have a negative impact on the rate base of several of PSE&G’s programs.
For the period beginning September 28, 2017, subject to the transition rules, the Tax Act has modified the bonus depreciation rules of the 2015 Tax Act. Subject to further guidance, it is expected that Power will be entitled to 100% expensing and bonus depreciation will no longer apply to PSE&G.
PSEG recorded the following amounts related to its unrecognized tax benefits, which were primarily comprised of amounts recorded for PSE&G, Power and Energy Holdings:
 
 
 
 
 
 
 
 
 
 
 
 
2017
 
PSEG
 
PSE&G
 
Power
 
Energy
Holdings
 
 
 
 
Millions
 
 
Total Amount of Unrecognized Tax Benefits as of January 1, 2017
 
$
328

 
$
140

 
$
128

 
$
57

 
 
Increases as a Result of Positions Taken in a Prior Period
 
40

 
15

 
18

 
8

 
 
Decreases as a Result of Positions Taken in a Prior Period
 
(32
)
 
(11
)
 
(10
)
 
(13
)
 
 
Increases as a Result of Positions Taken during the Current Period
 
12

 
5

 
6

 
1

 
 
Decreases as a Result of Positions Taken during the Current Period
 
(1
)
 
(1
)
 

 

 
 
Decreases as a Result of Settlements with Taxing Authorities
 

 

 

 

 
 
Decreases due to Lapses of Applicable Statute of Limitations
 
(13
)
 
(13
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits as of December 31, 2017
 
$
334

 
$
135

 
$
142

 
$
53

 
 
Accumulated Deferred Income Taxes Associated with Unrecognized Tax Benefits
 
(157
)
 
(73
)
 
(72
)
 
(12
)
 
 
Regulatory Asset—Unrecognized Tax Benefits
 
(56
)
 
(56
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits that if Recognized, would Impact the Effective Tax Rate (including Interest and Penalties)
 
$
121

 
$
6

 
$
70

 
$
41

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2016
 
PSEG
 
PSE&G
 
Power
 
Energy
Holdings
 
 
 
 
Millions
 
 
Total Amount of Unrecognized Tax Benefits as of January 1, 2016
 
$
386

 
$
181

 
$
111

 
$
93

 
 
Increases as a Result of Positions Taken in a Prior Period
 
12

 
3

 
6

 
2

 
 
Decreases as a Result of Positions Taken in a Prior Period
 
(62
)
 
(23
)
 
(1
)
 
(38
)
 
 
Increases as a Result of Positions Taken during the Current Period
 
19

 
6

 
12

 

 
 
Decreases as a Result of Positions Taken during the Current Period
 

 

 

 

 
 
Decreases as a Result of Settlements with Taxing Authorities
 

 

 

 

 
 
Decreases due to Lapses of Applicable Statute of Limitations
 
(27
)
 
(27
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits as of December 31, 2016
 
$
328

 
$
140

 
$
128

 
$
57

 
 
Accumulated Deferred Income Taxes Associated with Unrecognized Tax Benefits
 
(200
)
 
(106
)
 
(74
)
 
(20
)
 
 
Regulatory Asset—Unrecognized Tax Benefits
 
(31
)
 
(31
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits that if Recognized, would Impact the Effective Tax Rate (including Interest and Penalties)
 
$
97

 
$
3

 
$
54

 
$
37

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2015
 
PSEG
 
PSE&G
 
Power
 
Energy
Holdings
 
 
 
 
Millions
 
 
Total Amount of Unrecognized Tax Benefits as of January 1, 2015
 
$
332

 
$
165

 
$
70

 
$
95

 
 
Increases as a Result of Positions Taken in a Prior Period
 
87

 
55

 
28

 
4

 
 
Decreases as a Result of Positions Taken in a Prior Period
 
(50
)
 
(43
)
 
(6
)
 
(1
)
 
 
Increases as a Result of Positions Taken during the Current Period
 
28

 
5

 
23

 

 
 
Decreases as a Result of Positions Taken during the Current Period
 
(1
)
 
(1
)
 

 

 
 
Decreases as a Result of Settlements with Taxing Authorities
 
(10
)
 

 
(4
)
 
(5
)
 
 
Decreases due to Lapses of Applicable Statute of Limitations
 

 

 

 

 
 
Total Amount of Unrecognized Tax Benefits as of December 31, 2015
 
$
386

 
$
181

 
$
111

 
$
93

 
 
Accumulated Deferred Income Taxes Associated with Unrecognized Tax Benefits
 
(264
)
 
(162
)
 
(68
)
 
(34
)
 
 
Regulatory Asset—Unrecognized Tax Benefits
 
(27
)
 
(27
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits that if Recognized, would Impact the Effective Tax Rate (including Interest and Penalties)
 
$
95

 
$
(8
)
 
$
43

 
$
59

 
 
 
 
 
 
 
 
 
 
 
 

PSEG and its subsidiaries include accrued interest and penalties related to uncertain tax positions required to be recorded, as Income Tax Expense in the Consolidated Statements of Operations. Accumulated interest and penalties that are recorded on the Consolidated Balance Sheets on uncertain tax positions were as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Accumulated Interest and Penalties
on Uncertain Tax Positions
as of December 31,
 
 
 
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
PSE&G
 
$
25

 
$
22

 
$
20

 
 
Power
 
24

 
17

 
6

 
 
Energy Holdings
 
21

 
20

 
40

 
 
Total
 
$
70

 
$
59

 
$
66

 
 
 
 
 
 
 
 
 
 


It is reasonably possible that total unrecognized tax benefits will significantly increase or decrease within the next twelve months due to either agreements with various taxing authorities upon audit, the expiration of the Statute of Limitations, or other pending tax matters. These potential increases or decreases are as follows:
 
 
 
 
 
 
Possible (Increase)/Decrease in Total Unrecognized Tax Benefits
 
Over the next
12 Months
 
 
 
 
Millions
 
 
PSEG
 
$
69

 
 
PSE&G
 
$
35

 
 
Power
 
$
30

 
 
 
 
 
 

A description of income tax years that remain subject to examination by material jurisdictions, where an examination has not already concluded are:
 
 
 
 
 
 
 
 
 
 
 
  
PSEG
 
PSE&G
  
Power
 
 
United States
  
 
 
 
  
 
 
 
Federal
  
2011-2016
 
N/A
  
N/A
  
 
New Jersey
  
2006-2016
 
2011-2016
  
N/A
  
 
Pennsylvania
  
2014-2016
 
2014-2016
  
N/A
  
 
Connecticut
  
2016
 
N/A
  
N/A
  
 
Texas
  
2008-2016
 
N/A
  
N/A
  
 
California
  
2006-2016
 
N/A
  
N/A
  
 
New York
  
2014-2016
 
N/A
  
2014-2016
  
 
 
 
 
 
 
 
 
 
Power [Member]  
Income Taxes [Line Items]  
Income Taxes
Income Taxes
A reconciliation of reported income tax expense for PSEG with the amount computed by multiplying pre-tax income by the statutory federal income tax rate of 35% is as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Years Ended December 31,
 
 
PSEG
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
Net Income
 
$
1,574

 
$
887

 
$
1,679

 
 
Income Taxes:
 
 
 
 
 
 
 
 
Operating Income:
 
 
 
 
 
 
 
 
Current Expense (Benefit):
 
 
 
 
 
 
 
 
Federal
 
$
86

 
$
(74
)
 
$
243

 
 
State
 
(31
)
 
61

 
85

 
 
Total Current
 
55

 
(13
)
 
328

 
 
Deferred (Benefit) Expense:
 
 
 
 
 
 
 
 
Federal
 
(482
)
 
311

 
540

 
 
State
 
92

 
28

 
104

 
 
Total Deferred
 
(390
)
 
339

 
644

 
 
Investment Tax Credit (ITC)
 
29

 
85

 
29

 
 
Total Income Tax (Benefit) Expense
 
$
(306
)
 
$
411

 
$
1,001

 
 
Pre-Tax Income
 
$
1,268

 
$
1,298

 
$
2,680

 
 
Tax Computed at Statutory Rate @ 35%
 
$
444

 
$
454

 
$
938

 
 
Increase (Decrease) Attributable to Flow-Through of Certain Tax Adjustments:
 
 
 
 
 
 
 
 
State Income Taxes (net of federal income tax)
 
36

 
56

 
129

 
 
Uncertain Tax Positions
 
(3
)
 
(31
)
 
7

 
 
Manufacturing Deduction
 
(13
)
 
(17
)
 
(10
)
 
 
NDT Fund
 
19

 
3

 
7

 
 
Plant-Related Items
 
(23
)
 
(20
)
 
(20
)
 
 
Tax Credits
 
(22
)
 
(25
)
 
(13
)
 
 
Audit Settlement
 
6

 

 

 
 
Nuclear Decommissioning Tax Carryback
 

 

 
(33
)
 
 
Provisional Deferred Tax Benefit - Tax Act
 
(755
)
 

 

 
 
Other
 
5

 
(9
)
 
(4
)
 
 
Sub-Total
 
(750
)
 
(43
)
 
63

 
 
Total Income Tax (Benefit) Expense
 
$
(306
)
 
$
411

 
$
1,001

 
 
Effective Income Tax Rate
 
(24.1
)%
 
31.7
%
 
37.4
%
 
 
 
 
 
 
 
 
 
 


 
The following is an analysis of deferred income taxes for PSEG:
 
 
 
 
 
 
 
 
 
 
As of December 31,
 
 
PSEG
 
2017
 
2016
 
 
 
 
Millions
 
 
Deferred Income Taxes
 
 
 
 
 
 
Assets:
 
 
 
 
 
 
Noncurrent
 
 
 
 
 
 
Regulatory Liability Excess Deferred Tax
 
$
602

 
$

 
 
OPEB
 
217

 
283

 
 
Related to Uncertain Tax Position
 
142

 
155

 
 
Total Noncurrent Assets
 
$
961

 
$
438

 
 
 
 
 
 
 
 
 
Liabilities:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Plant-Related Items
 
$
4,257

 
$
6,593

 
 
New Jersey Corporate Business Tax
 
674

 
674

 
 
Leasing Activities
 
384

 
565

 
 
AROs and NDT Fund
 
233

 
398

 
 
Pension Costs
 
123

 
197

 
 
Taxes Recoverable Through Future Rates (net)
 
80

 
208

 
 
Other
 
171

 
212

 
 
Total Noncurrent Liabilities
 
$
5,922

 
$
8,847

 
 
Summary of Accumulated Deferred Income Taxes:
 
 
 
 
 
 
Net Noncurrent Deferred Income Tax Liabilities
 
$
4,961

 
$
8,409

 
 
ITC
 
279

 
249

 
 
Net Total Noncurrent Deferred Income Taxes and ITC
 
$
5,240

 
$
8,658

 
 
 
 
 
 
 
 

The deferred tax effect of certain assets and liabilities is presented in the table above net of the deferred tax effect associated with the respective regulatory deferrals. Also, the deferred tax effect of AROs is presented net of the deferred tax effect of the associated funding of those obligations.
In December 2017, new tax legislation was enacted, reducing the statutory U.S. corporate income tax rate from a maximum of 35% to 21%, effective January 1, 2018. PSEG is subject to ASC 740, which requires that the effect on deferred tax assets and liabilities of a change in tax rates be recognized in the period the tax rate was enacted. The impact of the reduced tax rate is the primary reason for the decrease in the deferred tax liabilities.



A reconciliation of reported income tax expense for PSE&G with the amount computed by multiplying pre-tax income by the statutory federal income tax rate of 35% is as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Years Ended December 31,
 
 
PSE&G
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
Net Income
 
$
973

 
$
889

 
$
787

 
 
Income Taxes:
 
 
 
 
 
 
 
 
Operating Income:
 
 
 
 
 
 
 
 
Current (Benefit) Expense:
 
 
 
 
 
 
 
 
Federal
 
$
(52
)
 
$
(153
)
 
$
32

 
 
State
 
(1
)
 
10

 
52

 
 
Total Current
 
(53
)
 
(143
)
 
84

 
 
Deferred Expense:
 
 
 
 
 
 
 
 
Federal
 
492

 
551

 
325

 
 
State
 
129

 
102

 
52

 
 
Total Deferred
 
621

 
653

 
377

 
 
ITC
 
(5
)
 
5

 
9

 
 
Total Income Tax Expense
 
$
563

 
$
515

 
$
470

 
 
Pre-Tax Income
 
$
1,536

 
$
1,404

 
$
1,257

 
 
Tax Computed at Statutory Rate @ 35%
 
$
538

 
$
491

 
$
440

 
 
Increase (Decrease) Attributable to Flow-Through of Certain Tax Adjustments:
 
 
 
 
 
 
 
 
State Income Taxes (net of federal income tax)
 
83

 
72

 
67

 
 
Uncertain Tax Positions
 
(9
)
 
(18
)
 
(14
)
 
 
Plant-Related Items
 
(23
)
 
(20
)
 
(20
)
 
 
Tax Credits
 
(9
)
 
(7
)
 
(6
)
 
 
Provisional Deferred Tax Benefit - Tax Act
 
(10
)
 

 

 
 
Other
 
(7
)
 
(3
)
 
3

 
 
Sub-Total
 
25

 
24

 
30

 
 
Total Income Tax Expense
 
$
563

 
$
515

 
$
470

 
 
Effective Income Tax Rate
 
36.7
%
 
36.7
%
 
37.4
%
 
 
 
 
 
 
 
 
 
 















The following is an analysis of deferred income taxes for PSE&G:
 
 
 
 
 
 
 
 
 
 
As of December 31,
 
 
PSE&G
 
2017
 
2016
 
 
 
 
Millions
 
 
Deferred Income Taxes
 
 
 
 
 
 
Assets:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
     Regulatory Liability Excess Deferred Tax
 
$
602

 
$

 
 
OPEB
 
116

 
189

 
 
Total Noncurrent Assets
 
$
718

 
$
189

 
 
Liabilities:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Plant-Related Items
 
$
3,311

 
$
4,983

 
 
New Jersey Corporate Business Tax
 
378

 
385

 
 
Pension Costs
 
152

 
252

 
 
Conservation Costs
 
24

 
33

 
 
Taxes Recoverable Through Future Rates (net)
 
80

 
208

 
 
Other
 
86

 
118

 
 
Total Noncurrent Liabilities
 
$
4,031

 
$
5,979

 
 
Summary of Accumulated Deferred Income Taxes:
 
 
 
 
 
 
Net Noncurrent Deferred Income Tax Liabilities
 
$
3,313

 
$
5,790

 
 
ITC
 
78

 
83

 
 
Net Total Noncurrent Deferred Income Taxes and ITC
 
$
3,391

 
$
5,873

 
 
 
 
 
 
 
 

The deferred tax effect of certain assets and liabilities is presented in the table above net of the deferred tax effect associated with the respective regulatory deferrals.
In December 2017, new tax legislation was enacted, reducing the statutory U.S. corporate income tax rate from a maximum of 35% to 21%, effective January 1, 2018. PSE&G is subject to ASC 740, which requires that the effect on deferred tax assets and liabilities of a change in tax rates be recognized in the period the tax rate was enacted. The impact of the reduced tax rate is the primary reason for the decrease in the deferred tax liabilities.





A reconciliation of reported income tax expense for Power with the amount computed by multiplying pre-tax income by the statutory federal income tax rate of 35% is as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Years Ended December 31,
 
 
Power
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
Net Income
 
$
479

 
$
18

 
$
856

 
 
Income Taxes:
 
 
 
 
 
 
 
 
Operating Income:
 
 
 
 
 
 
 
 
Current Expense (Benefit):
 
 
 
 
 
 
 
 
Federal
 
$
95

 
$
107

 
$
220

 
 
State
 
(17
)
 
40

 
30

 
 
Total Current
 
78

 
147

 
250

 
 
Deferred (Benefit) Expense:
 
 
 
 
 
 
 
 
Federal
 
(804
)
 
(222
)
 
189

 
 
State
 
(37
)
 
(68
)
 
52

 
 
Total Deferred
 
(841
)
 
(290
)
 
241

 
 
ITC
 
34

 
82

 
20

 
 
Total Income Tax (Benefit) Expense
 
$
(729
)
 
$
(61
)
 
$
511

 
 
Pre-Tax (Loss) Income
 
$
(250
)
 
$
(43
)
 
$
1,367

 
 
Tax Computed at Statutory Rate @ 35%
 
$
(88
)
 
$
(15
)
 
$
478

 
 
Increase (Decrease) Attributable to Flow-Through of Certain Tax Adjustments:
 
 
 
 
 
 
 
 
State Income Taxes (net of federal income tax)
 
(36
)
 
(18
)
 
59

 
 
Manufacturing Deduction
 
(13
)
 
(17
)
 
(10
)
 
 
NDT Fund
 
19

 
3

 
7

 
 
Tax Credits
 
(12
)
 
(18
)
 
(7
)
 
 
Uncertain Tax Positions
 
7

 
9

 
22

 
 
Audit Settlement
 
1

 

 

 
 
Nuclear Decommissioning Tax Carryback
 

 

 
(33
)
 
 
Provisional Deferred Tax Benefit - Tax Act
 
(610
)
 

 

 
 
Other
 
3

 
(5
)
 
(5
)
 
 
Sub-Total
 
(641
)
 
(46
)
 
33

 
 
Total Income Tax (Benefit) Expense
 
$
(729
)
 
$
(61
)
 
$
511

 
 
Effective Income Tax Rate
 
291.6
%
 
141.9
%
 
37.4
%
 
 
 
 
 
 
 
 
 
 


The following is an analysis of deferred income taxes for Power:
 
 
 
 
 
 
 
 
 
 
As of December 31,
 
 
Power
 
2017
 
2016
 
 
 
 
Millions
 
 
Deferred Income Taxes
 
 
 
 
 
 
Assets:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Related to Uncertain Tax Positions
 
$
45

 
$
53

 
 
Pension Costs
 
40

 
68

 
 
Contractual Liabilities & Environmental Costs
 
12

 
18

 
 
Other
 
93

 
76

 
 
Total Noncurrent Assets
 
$
190

 
$
215

 
 
Liabilities:
 
 
 
 
 
 
Noncurrent:
 
 
 
 
 
 
Plant-Related Items
 
$
935

 
$
1,605

 
 
AROs and NDT Fund
 
235

 
400

 
 
New Jersey Corporate Business Tax
 
225

 
214

 
 
Total Noncurrent Liabilities
 
$
1,395

 
$
2,219

 
 
Summary of Accumulated Deferred Income Taxes:
 
 
 
 
 
 
Net Noncurrent Deferred Income Tax Liabilities
 
$
1,205

 
$
2,004

 
 
ITC
 
201

 
166

 
 
Net Total Noncurrent Deferred Income Taxes and ITC
 
$
1,406

 
$
2,170

 
 
 
 
 
 
 
 

In the above table, the deferred tax effect of asset retirement obligations is presented net of the deferred tax effect of the associated funding of those obligations.
PSEG, PSE&G and Power each provide deferred taxes at the enacted statutory tax rate for all temporary differences between the financial statement carrying amounts and the tax bases of existing assets and liabilities irrespective of the treatment for rate-making purposes. Management believes that it is probable that the accumulated tax benefits that previously have been treated as a flow-through item to PSE&G customers will be recovered from or refunded to PSE&G’s customers in the future. See Note 6. Regulatory Assets and Liabilities.
In December 2017, the U.S. government enacted comprehensive tax legislation. The Tax Act establishes new tax laws that will take effect in 2018, including, but not limited to (1) reduction of the U.S. federal corporate tax rate from a maximum of 35% to 21%; (2) elimination of the corporate alternative minimum tax (AMT); (3) a new limitation on deductible interest expense; (4) the repeal of the domestic production activity deduction; (5) limitations on the deductibility of certain executive compensation; and (6) limitations on net operating losses (NOLs) generated after December 31, 2017, to 80% of taxable income. In addition, certain changes were made to the bonus depreciation rules that will impact 2017.
The SEC staff issued Staff Accounting Bulletin 118 (SAB 118), which provides guidance on accounting for the tax effects of the Tax Act. SAB 118 provides a measurement period that should not extend beyond one year from the Tax Act enactment date for companies to complete the accounting under ASC 740. In accordance with SAB 118, a company must reflect the income tax effects of those aspects of the Tax Act for which the accounting under ASC 740 is complete. To the extent that a company’s accounting for certain income tax effects of the Tax Act is incomplete but it is able to determine a reasonable estimate, it must record a provisional estimate in the financial statements. If a company cannot determine a provisional estimate to be included in the financial statements, it should continue to apply ASC 740 on the basis of the provisions of the tax laws that were in effect immediately before the enactment of the Tax Act.
PSEG, PSE&G and Power are subject to ASC 740, which requires that the effect on deferred tax assets and liabilities of a change in tax rates be recognized in the period the tax rate change is enacted.
The majority of the current period activity was determined using the federal income tax rate of 35% and state income tax rate of 9%. As required under ASC 740, the ending 2017 deferred tax balances were adjusted to reflect the enacted lower tax rate, which resulted in a one-time, provisional deferred tax benefit of $755 million, including $610 million related to Power and $149 million related to Energy Holdings (including other impacts related to the new tax legislation, PSEG’s net non-cash provisional earnings benefit was $745 million, including $588 million related to Power and $147 million related to Energy Holdings). In addition, PSE&G had excess deferred taxes of approximately $2.1 billion as of December 31, 2017 and recorded a $2.9 billion revenue impact of these excess deferred taxes as Regulatory Liabilities where it is probable that refunds will be made to customers in future rates. The amount and timing of any such refund cannot be determined at this time.
For certain aspects of the Tax Act, which are discussed below, PSEG, PSE&G and Power made reasonable, good faith estimates for which provisional amounts were recorded.
PSEG’s accounting for the following elements of the Tax Act is incomplete. However, PSEG was able to make reasonable, good faith estimates of certain effects and, therefore, recorded provisional adjustments for the following: the tax rules regarding the appropriate bonus deprecation rate that should be applied to assets placed in service after September 27, 2017 for Power and PSE&G, including the information required to compute the applicable depreciable tax basis, and the impact on PSEG’s, PSE&G’s and Power’s deferred taxes associated with FIN 48 reserves.
Further, the Tax Act is unclear in certain respects and will require interpretations and implementing regulations by the Internal Revenue Service (IRS), as well as state tax authorities. The Tax Act could also be subject to potential amendments and technical corrections which could impact PSEG, PSE&G and Power’s financial statements.
In December 2015, the U.S. government enacted the Protecting Americans from Tax Hikes Act of 2015 (2015 Tax Act). Among other provisions, the 2015 Tax Act included an extension of the bonus depreciation rules and the 30% ITC for qualified property placed into service after 2016. Qualified property that is placed in service from January 1, 2015 through December 31, 2017 is eligible for 50% bonus depreciation. The provisions of the 2015 Tax Act have generated significant cash tax benefits for PSEG, PSE&G and Power through tax benefits related to the accelerated depreciation. Those tax benefits would have otherwise been received over an estimated average 20 year period. However, the tax benefits have a negative impact on the rate base of several of PSE&G’s programs.
For the period beginning September 28, 2017, subject to the transition rules, the Tax Act has modified the bonus depreciation rules of the 2015 Tax Act. Subject to further guidance, it is expected that Power will be entitled to 100% expensing and bonus depreciation will no longer apply to PSE&G.
PSEG recorded the following amounts related to its unrecognized tax benefits, which were primarily comprised of amounts recorded for PSE&G, Power and Energy Holdings:
 
 
 
 
 
 
 
 
 
 
 
 
2017
 
PSEG
 
PSE&G
 
Power
 
Energy
Holdings
 
 
 
 
Millions
 
 
Total Amount of Unrecognized Tax Benefits as of January 1, 2017
 
$
328

 
$
140

 
$
128

 
$
57

 
 
Increases as a Result of Positions Taken in a Prior Period
 
40

 
15

 
18

 
8

 
 
Decreases as a Result of Positions Taken in a Prior Period
 
(32
)
 
(11
)
 
(10
)
 
(13
)
 
 
Increases as a Result of Positions Taken during the Current Period
 
12

 
5

 
6

 
1

 
 
Decreases as a Result of Positions Taken during the Current Period
 
(1
)
 
(1
)
 

 

 
 
Decreases as a Result of Settlements with Taxing Authorities
 

 

 

 

 
 
Decreases due to Lapses of Applicable Statute of Limitations
 
(13
)
 
(13
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits as of December 31, 2017
 
$
334

 
$
135

 
$
142

 
$
53

 
 
Accumulated Deferred Income Taxes Associated with Unrecognized Tax Benefits
 
(157
)
 
(73
)
 
(72
)
 
(12
)
 
 
Regulatory Asset—Unrecognized Tax Benefits
 
(56
)
 
(56
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits that if Recognized, would Impact the Effective Tax Rate (including Interest and Penalties)
 
$
121

 
$
6

 
$
70

 
$
41

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2016
 
PSEG
 
PSE&G
 
Power
 
Energy
Holdings
 
 
 
 
Millions
 
 
Total Amount of Unrecognized Tax Benefits as of January 1, 2016
 
$
386

 
$
181

 
$
111

 
$
93

 
 
Increases as a Result of Positions Taken in a Prior Period
 
12

 
3

 
6

 
2

 
 
Decreases as a Result of Positions Taken in a Prior Period
 
(62
)
 
(23
)
 
(1
)
 
(38
)
 
 
Increases as a Result of Positions Taken during the Current Period
 
19

 
6

 
12

 

 
 
Decreases as a Result of Positions Taken during the Current Period
 

 

 

 

 
 
Decreases as a Result of Settlements with Taxing Authorities
 

 

 

 

 
 
Decreases due to Lapses of Applicable Statute of Limitations
 
(27
)
 
(27
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits as of December 31, 2016
 
$
328

 
$
140

 
$
128

 
$
57

 
 
Accumulated Deferred Income Taxes Associated with Unrecognized Tax Benefits
 
(200
)
 
(106
)
 
(74
)
 
(20
)
 
 
Regulatory Asset—Unrecognized Tax Benefits
 
(31
)
 
(31
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits that if Recognized, would Impact the Effective Tax Rate (including Interest and Penalties)
 
$
97

 
$
3

 
$
54

 
$
37

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2015
 
PSEG
 
PSE&G
 
Power
 
Energy
Holdings
 
 
 
 
Millions
 
 
Total Amount of Unrecognized Tax Benefits as of January 1, 2015
 
$
332

 
$
165

 
$
70

 
$
95

 
 
Increases as a Result of Positions Taken in a Prior Period
 
87

 
55

 
28

 
4

 
 
Decreases as a Result of Positions Taken in a Prior Period
 
(50
)
 
(43
)
 
(6
)
 
(1
)
 
 
Increases as a Result of Positions Taken during the Current Period
 
28

 
5

 
23

 

 
 
Decreases as a Result of Positions Taken during the Current Period
 
(1
)
 
(1
)
 

 

 
 
Decreases as a Result of Settlements with Taxing Authorities
 
(10
)
 

 
(4
)
 
(5
)
 
 
Decreases due to Lapses of Applicable Statute of Limitations
 

 

 

 

 
 
Total Amount of Unrecognized Tax Benefits as of December 31, 2015
 
$
386

 
$
181

 
$
111

 
$
93

 
 
Accumulated Deferred Income Taxes Associated with Unrecognized Tax Benefits
 
(264
)
 
(162
)
 
(68
)
 
(34
)
 
 
Regulatory Asset—Unrecognized Tax Benefits
 
(27
)
 
(27
)
 

 

 
 
Total Amount of Unrecognized Tax Benefits that if Recognized, would Impact the Effective Tax Rate (including Interest and Penalties)
 
$
95

 
$
(8
)
 
$
43

 
$
59

 
 
 
 
 
 
 
 
 
 
 
 

PSEG and its subsidiaries include accrued interest and penalties related to uncertain tax positions required to be recorded, as Income Tax Expense in the Consolidated Statements of Operations. Accumulated interest and penalties that are recorded on the Consolidated Balance Sheets on uncertain tax positions were as follows:
 
 
 
 
 
 
 
 
 
 
 
 
Accumulated Interest and Penalties
on Uncertain Tax Positions
as of December 31,
 
 
 
 
2017
 
2016
 
2015
 
 
 
 
Millions
 
 
PSE&G
 
$
25

 
$
22

 
$
20

 
 
Power
 
24

 
17

 
6

 
 
Energy Holdings
 
21

 
20

 
40

 
 
Total
 
$
70

 
$
59

 
$
66

 
 
 
 
 
 
 
 
 
 


It is reasonably possible that total unrecognized tax benefits will significantly increase or decrease within the next twelve months due to either agreements with various taxing authorities upon audit, the expiration of the Statute of Limitations, or other pending tax matters. These potential increases or decreases are as follows:
 
 
 
 
 
 
Possible (Increase)/Decrease in Total Unrecognized Tax Benefits
 
Over the next
12 Months
 
 
 
 
Millions
 
 
PSEG
 
$
69

 
 
PSE&G
 
$
35

 
 
Power
 
$
30

 
 
 
 
 
 

A description of income tax years that remain subject to examination by material jurisdictions, where an examination has not already concluded are:
 
 
 
 
 
 
 
 
 
 
 
  
PSEG
 
PSE&G
  
Power
 
 
United States
  
 
 
 
  
 
 
 
Federal
  
2011-2016
 
N/A
  
N/A
  
 
New Jersey
  
2006-2016
 
2011-2016
  
N/A
  
 
Pennsylvania
  
2014-2016
 
2014-2016
  
N/A
  
 
Connecticut
  
2016
 
N/A
  
N/A
  
 
Texas
  
2008-2016
 
N/A
  
N/A
  
 
California
  
2006-2016
 
N/A
  
N/A
  
 
New York
  
2014-2016
 
N/A
  
2014-2016