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Commitments And Contingencies
3 Months Ended
Mar. 31, 2014
Commitments And Contingencies [Abstract]  
Commitments And Contingencies

8.      COMMITMENTS AND CONTINGENCIES

 

Concentrations

 

Approximately 70 percent of Chugach’s employees are members of the International Brotherhood of Electrical Workers (IBEW).  Chugach has three Collective Bargaining Unit Agreements (CBA) with the IBEW.  Chugach also has an agreement with the Hotel Employees and Restaurant Employees (HERE).  All three IBEW CBA’s have been renewed through June 30, 2017.  The HERE contract has been renewed through June 30, 2016.  

 

Chugach is the principal supplier of power under a wholesale power contract with MEA and was the principal supplier of power under a wholesale power contract with HEA until December 31, 2013.  These contracts, including the fuel component, represented $103.1 million, or 34 percent, of sales revenue in 2013.  The MEA contract represented $19.2 million, or 26 percent, of sales revenue in the first quarter of 2014.    The HEA contract expired December 31, 2013, and the MEA contract expires December 31, 2014All rates are established by the RCA.

 

Commitments

 

Fuel Supply Contracts 

 

Chugach has fuel supply contracts from various producers at market terms.  A gas supply contract between Chugach and ConocoPhillips Alaska, Inc. and ConocoPhillips, Inc. (collectively “ConocoPhillips”), was approved by the RCA effective August 21, 2009.  The new contract provided gas beginning in 2010 and will terminate December 31, 2016.  The total amount of gas under the contract is estimated to be 60 Bcf.  The RCA approved a new natural gas supply contract with Marathon Alaska Production, LLC (MAP) effective May 17, 2010. This contract included two contract extensions that were exercised in 2011.  Effective February 1, 2013, this gas purchase agreement was assigned to Hilcorp, who purchased MAP’s assets in Cook Inlet.  Chugach entered into another gas contract with Hilcorp effective July 1, 2013.  The total amount of gas under the contracts is now estimated up to 57.6 Bcf.  These contracts fill 100 percent of Chugach’s needs through March 31, 2018.  All of the production is expected to come from Cook Inlet, Alaska.

 

The terms of the ConocoPhillips and Hilcorp agreements require Chugach to manage the natural gas transportation over the connecting pipeline systems.  Chugach has gas transportation agreements with ENSTAR Natural Gas Company (ENSTAR) and Hilcorp.

 

 

Patronage Capital Payable

 

In 2007, Chugach entered into an agreement with HEA to return all of its patronage capital within five years after expiration of its power sales agreement, which was related to a settlement agreement associated with the 2005 Test Year General Rate Case (Docket U-06-134).  HEA’s patronage capital was $7.9 million at March 31, 2014 and at December 31, 2013, and is classified as patronage capital payable on Chugach’s Balance Sheet.

 

Economy Energy Sales

 

On October 5, 2012, Chugach and GVEA finalized arrangements for Chugach to provide economy energy to GVEA until March of 2015. Sales will be made under the terms and conditions of Chugach’s economy energy sales tariff.  The price to GVEA will include the cost of fuel, variable operations and maintenance expense, wheeling charges and a margin.  Chugach has also entered into specific gas supply arrangements to make economy energy sales to GVEA.  Sales revenue to GVEA amounted to $10.4 million and $8.9 million in the first quarter of 2014 and 2013, respectively.

 

Legal Proceedings

 

Matanuska Electric Association, Inc. v. Chugach Electric Association, Inc., Superior Court Case No. 3PA-13-1006 Civil

 

On May 14, 2013, MEA served Chugach with a Summons and Complaint in the above referenced case.  Chugach filed its Answer to the Complaint on June 21, 2013.  With its Complaint, MEA fundamentally asks that Chugach be required to repatriate MEA’s capital credits on the same basis as it promised, in a 2007 settlement, that it would repatriate HEA capital credits.

 

The margins Chugach earns each year are allocated to the customers who contribute them and are booked as capital credits to those customers’ accounts.  Capital credits are eventually repatriated to customers at the discretion of Chugach’s Board of Directors, typically many years after the margins are earned.  With this litigation, MEA seeks to accelerate the return of its capital credits.

 

The parties have engaged in significant settlement discussions. If a settlement cannot be reached, Chugach will vigorously defend against the complaint as it believes the complaint is without merit.  Management is uncertain of the outcome of the proceeding before the Superior Court.  In the opinion of management, an adverse outcome is not likely to have a material adverse effect on Chugach’s results of operations or financial condition, however, an adverse outcome could impact Chugach’s equity ratio, which could, in turn, adversely impact Chugach’s debt covenant compliance, in addition to Chugach’s ability to borrow additional debt or refinance existing debt.

 

Chugach has certain other litigation matters and pending claims that arise in the ordinary course of Chugach’s business.  In the opinion of management, none of these other matters, individually, or in the aggregate, is or are likely to have a material adverse effect on Chugach’s results of operations, financial condition or cash flows.