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Commitments and Contingencies
3 Months Ended
Mar. 31, 2019
Commitments and Contingencies [Abstract]  
Commitments and Contingencies
Commitments and Contingencies

Commitments - NEE and its subsidiaries have made commitments in connection with a portion of their projected capital expenditures. Capital expenditures at FPL and Gulf Power include, among other things, the cost for construction of additional facilities and equipment to meet customer demand, as well as capital improvements to and maintenance of existing facilities. At NEER, capital expenditures include, among other things, the cost, including capitalized interest, for construction and development of wind and solar projects and the procurement of nuclear fuel, as well as equity contributions to joint ventures for the development and construction of natural gas pipeline assets. Capital expenditures for Corporate and Other primarily include the cost to maintain existing transmission facilities at NEET.

At March 31, 2019, estimated capital expenditures for the remainder of 2019 through 2023 for which applicable internal approvals (and also, if required, regulatory approvals such as FPSC approvals for FPL and Gulf Power) have been received were as follows:
 
Remainder of 2019
 
2020
 
2021
 
2022
 
2023
 
Total
 
(millions)
FPL:
 
 
 
 
 
 
 
 
 
 
 
Generation:(a)
 
 
 
 
 
 
 
 
 
 
 
New(b)
$
1,075

 
$
1,410

 
$
995

 
$
1,000

 
$
790

 
$
5,270

Existing
985

 
700

 
895

 
760

 
810

 
4,150

Transmission and distribution(c)
2,205

 
3,170

 
3,135

 
3,530

 
3,895

 
15,935

Nuclear fuel
125

 
205

 
220

 
165

 
120

 
835

General and other
545

 
535

 
425

 
345

 
365

 
2,215

Total
$
4,935

 
$
6,020

 
$
5,670

 
$
5,800

 
$
5,980

 
$
28,405

Gulf Power
$
605

 
$
915

 
$
740

 
$
465

 
$
270

 
$
2,995

NEER:
 

 
 

 
 

 
 

 
 

 
 

Wind(d)
$
1,580

 
$
2,960

 
$
130

 
$
20

 
$
20

 
$
4,710

Solar(e)
570

 
230

 
160

 

 
5

 
965

Nuclear, including nuclear fuel
150

 
160

 
165

 
180

 
130

 
785

Natural gas pipelines(f)
570

 
310

 
15

 
20

 

 
915

Other
490

 
50

 
40

 
40

 
40

 
660

Total
$
3,360

 
$
3,710

 
$
510

 
$
260

 
$
195

 
$
8,035

Corporate and Other
$
60

 
$
30

 
$
15

 
$

 
$

 
$
105

———————————————
(a)
Includes AFUDC of approximately $40 million, $70 million, $85 million, $60 million and $35 million for the remainder of 2019 through 2023, respectively.
(b)
Includes land, generation structures, transmission interconnection and integration and licensing.
(c)
Includes AFUDC of approximately $15 million, $45 million, $45 million, $55 million and $45 million for the remainder of 2019 through 2023, respectively.
(d)
Consists of capital expenditures for new wind projects, repowering of existing wind projects and related transmission totaling approximately 5,740 MW.
(e)
Includes capital expenditures for new solar projects and related transmission totaling approximately 930 MW.
(f)
Construction of a natural gas pipeline is subject to certain conditions, including FERC approval. In addition, completion of another natural gas pipeline is subject to final permitting.

The above estimates are subject to continuing review and adjustment and actual capital expenditures may vary significantly from these estimates.

Contracts - In addition to the commitments made in connection with the estimated capital expenditures included in the table in Commitments above, FPL has firm commitments under long-term contracts primarily for the transportation of natural gas and coal with expiration dates through 2042.

At March 31, 2019, NEER has entered into contracts with expiration dates ranging from June 2019 through 2032 primarily for the purchase of wind turbines, wind towers and solar modules and related construction and development activities, as well as for the supply of uranium, and the conversion, enrichment and fabrication of nuclear fuel, and has made commitments for the construction of natural gas pipelines. Approximately $3.5 billion of related commitments are included in the estimated capital expenditures table in Commitments above. In addition, NEER has contracts primarily for the transportation and storage of natural gas with expiration dates ranging from late April 2019 through 2050.

The required capacity and/or minimum payments under contracts, including those discussed above, at March 31, 2019 were estimated as follows:
 
Remainder of 2019
 
2020
 
2021
 
2022
 
2023
 
Thereafter
 
(millions)
FPL(a)
$
750

 
$
995

 
$
985

 
$
975

 
$
970

 
$
11,500

NEER(b)(c)
$
2,315

 
$
1,075

 
$
175

 
$
185

 
$
110

 
$
1,380

Corporate and Other(d)
$
40

 
$
5

 
$
5

 
$

 
$

 
$

———————————————
(a)
Includes approximately $240 million, $385 million, $415 million, $415 million, $410 million and $7,175 million for the remainder of 2019 through 2023 and thereafter, respectively, of firm commitments related to the natural gas transportation agreements with Sabal Trail and Florida Southeast Connection. The charges associated with these agreements are recoverable through the fuel clause and totaled approximately $79 million and $73 million for the three months ended March 31, 2019 and 2018, respectively, of which $28 million and $22 million, respectively, were eliminated in consolidation at NEE.
(b)
Includes approximately $50 million, $65 million, $65 million, $65 million and $1,050 million for 2020 through 2023 and thereafter, respectively, of firm commitments related to a natural gas transportation agreement with a joint venture, in which NEER has a 31% equity investment, that is constructing a natural gas pipeline. These firm commitments are subject to the completion of construction of the pipeline.
(c)
Includes an approximately $55 million commitment to invest in clean power and technology businesses through 2022.
(d)
Excludes approximately $25 million, $20 million, $10 million, $10 million and $5 million for the remainder of 2019 through 2023, respectively, of joint obligations of NEECH and NEER which are included in the NEER amounts above.

Insurance - Liability for accidents at nuclear power plants is governed by the Price-Anderson Act, which limits the liability of nuclear reactor owners to the amount of insurance available from both private sources and an industry retrospective payment plan. In accordance with this Act, NEE maintains $450 million of private liability insurance per site, which is the maximum obtainable, and participates in a secondary financial protection system, which provides up to $13.6 billion of liability insurance coverage per incident at any nuclear reactor in the U.S. Under the secondary financial protection system, NEE is subject to retrospective assessments of up to $1.1 billion ($550 million for FPL), plus any applicable taxes, per incident at any nuclear reactor in the U.S., payable at a rate not to exceed $164 million ($82 million for FPL) per incident per year. NEE and FPL are contractually entitled to recover a proportionate share of such assessments from the owners of minority interests in Seabrook, Duane Arnold and St. Lucie Unit No. 2, which approximates $16 million, $41 million and $20 million, plus any applicable taxes, per incident, respectively.

NEE participates in a nuclear insurance mutual company that provides $2.75 billion of limited insurance coverage per occurrence per site for property damage, decontamination and premature decommissioning risks at its nuclear plants and a sublimit of $1.5 billion for non-nuclear perils, except for Duane Arnold which has a sublimit of $500 million. NEE participates in co-insurance of 10% of the first $400 million of losses per site per occurrence. The proceeds from such insurance, however, must first be used for reactor stabilization and site decontamination before they can be used for plant repair. NEE also participates in an insurance program that provides limited coverage for replacement power costs if a nuclear plant is out of service for an extended period of time because of an accident. In the event of an accident at one of NEE's or another participating insured's nuclear plants, NEE could be assessed up to $174 million ($106 million for FPL), plus any applicable taxes, in retrospective premiums in a policy year. NEE and FPL are contractually entitled to recover a proportionate share of such assessments from the owners of minority interests in Seabrook, Duane Arnold and St. Lucie Unit No. 2, which approximates $3 million, $4 million and $4 million, plus any applicable taxes, respectively.

Due to the high cost and limited coverage available from third-party insurers, NEE does not have property insurance coverage for a substantial portion of either its transmission and distribution property or natural gas pipeline assets. If either FPL's or Gulf Power's future storm restoration costs exceed their respective storm reserve, FPL and Gulf Power may recover their storm restoration costs, subject to prudence review by the FPSC, either through surcharges approved by the FPSC or through securitization provisions pursuant to Florida law.

In the event of a loss, the amount of insurance available might not be adequate to cover property damage and other expenses incurred. Uninsured losses and other expenses, to the extent not recovered from customers in the case of FPL or Gulf Power, would be borne by NEE and either FPL or Gulf Power, and could have a material adverse effect on NEE's and FPL's financial condition, results of operations and liquidity.