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Regulatory Assets and Liabilities
3 Months Ended
Sep. 30, 2011
REGULATORY ASSETS & LIABILITIES

19. REGULATORY ASSETS AND LIABILITIES

Regulatory liabilities generally represent obligations to make refunds to customers for previous collections of revenue and for costs that are not likely to be incurred or included in future rate events. For example, in July 2011, the Brazilian energy regulator (the “Regulator”) postponed the periodic review and reset of a component of Eletropaulo's regulated tariff, which determines the margin to be earned by Eletropaulo. The review and reset of this tariff component is performed every four years. From July 2011 through September 2011, Eletropaulo continued to invoice customers under the existing tariff rate, as required by the Regulator. Management believes that it is probable that the new tariff rate will be lower than the existing tariff rate, resulting in future refunds to customers, and has estimated the amount of this liability. Accordingly, as of September 30, 2011, Eletropaulo recognized a regulatory liability and corresponding reduction in revenue of approximately $104 million. It is at least reasonably possible that future events confirming the final amount of the regulatory liability or a change in the estimated amount of the liability will occur in the near term as the periodic review and tariff reset process progresses with the Regulator through the remainder of 2011 and into 2012. The primary factors in the ongoing discussions between the Brazilian distribution companies, including Eletropaulo, and the Regulator that cause the estimate to be sensitive to change include the regulatory asset base and the investment return rate assumptions used in the determination of the margin. The final amount of the regulatory liability may differ from the estimated amount recognized as of September 30, 2011.