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Commitments and Contingencies
12 Months Ended
Dec. 31, 2023
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies
27.
 
COMMITMENTS AND CONTINGENCIES
Commitments
As at December 31, 2023, contractual commitments (excluding pensions and other post-retirement
obligations, long-term debt and asset retirement obligations) for each of the next five years and in
aggregate thereafter consisted of the following:
millions of dollars
2024
2025
2026
2027
2028
Thereafter
Total
Transportation
(1)
$
 
696
$
 
495
$
 
405
$
 
388
$
 
338
$
 
2,597
$
 
4,919
Purchased power
(2)
 
274
 
249
 
263
 
312
 
312
 
3,435
 
4,845
Fuel, gas supply and storage
 
556
 
215
 
62
-
 
 
5
-
 
 
838
Capital projects
 
778
 
111
 
70
 
1
-
 
-
 
 
960
Equity investment commitments
(3)
 
240
-
 
-
 
-
 
-
 
-
 
 
240
Other
 
154
 
147
 
56
 
46
 
35
 
221
 
659
$
 
2,698
$
 
1,217
$
 
856
$
 
747
$
 
690
$
 
6,253
$
 
12,461
(1) Purchasing commitments for transportation of fuel and transportation capacity on various pipelines.
 
Includes a commitment of
$
134
 
million related to a gas transportation contract between PGS and SeaCoast through 2040.
(2) Annual requirement to purchase electricity production from IPPs or other utilities over varying contract lengths.
(3) Emera has a commitment to make equity contributions to the LIL related to an investment true up in 2024 and sustaining
 
capital
contributions over the life of the partnership.
 
The commercial agreements between Emera and Nalcor require true ups to finalize the
respective investment obligations of the parties in relation the Maritime Link and LIL which is expected to be approximately
 
$
240
million in 2024. In addition, Emera has future commitments to provide sustaining capital to the LIL for routine capital and major
maintenance.
NSPI has a contractual obligation to pay NSPML for use of the Maritime Link over approximately
38 years
from its January 15, 2018 in-service date. In February 2022, the UARB issued its decision and Board
Order approving NSPML’s requested rate base of approximately $
1.8
 
billion. In December 2023, the
UARB approved the collection of up to $
164
 
million from NSPI for the recovery of Maritime Link costs in
2024. The timing and amounts payable to NSPML for the remainder of the
38
-year commitment period
are subject to UARB approval.
Construction of the LIL is complete, and the Newfoundland Electrical System Operator confirmed the
asset to be operating suitably to support reliable system operation and full functionality at
700
MW, which
was validated by the Government of Canada’s Independent Engineer issuing its Commissioning
Certificate on April 13, 2023.
Emera has committed to obtain certain transmission rights for Nalcor, if requested, to enable it to transmit
energy which is not otherwise used in Newfoundland and Labrador or Nova Scotia. Nalcor has the right to
transmit this energy from Nova Scotia to New England energy markets effective August 15, 2021 and
continuing for
50 years
. As transmission rights are contracted, the obligations are included within “Other”
in the above table.
Legal Proceedings
Superfund and Former Manufactured Gas Plant Sites
Previously, TEC had been a potentially responsible party (“PRP”) for certain superfund sites through its
Tampa
 
Electric and former PGS divisions, as well as for certain former manufactured gas plant sites
through its PGS division. As a result of the separation of the PGS division into a separate legal entity,
Peoples Gas System, Inc. is also now a PRP for those sites (in addition to third party PRPs for certain
sites).
 
While the aggregate joint and several liability associated with these sites has not changed as a
result of the PGS legal separation, the sites continue to present the potential for significant response
costs. As at December 31, 2023, the aggregate financial liability of the Florida utilities is estimated to be
$
15
 
million ($
11
 
million USD), primarily at PGS. This estimate assumes that other involved PRPs are
credit-worthy entities. This amount has been accrued and is primarily reflected in the long-term liability
section under “Other long-term liabilities” on the Consolidated Balance Sheets. The environmental
remediation costs associated with these sites are expected to be paid over many years.
 
The estimated amounts represent only the portion of the cleanup costs attributable to the Florida utilities.
The estimates to perform the work are based on the Florida utilities’ experience with similar work,
adjusted for site-specific conditions and agreements with the respective governmental agencies. The
estimates are made in current dollars, are not discounted and do not assume any insurance recoveries.
In instances where other PRPs are involved, most of those PRPs are believed to be currently credit-
worthy and are likely to continue to be credit-worthy for the duration of the remediation work. However, in
those instances that they are not, the Florida utilities could be liable for more than their actual percentage
of the remediation costs. Other factors that could impact these estimates include additional testing and
investigation which could expand the scope of the cleanup activities, additional liability that might arise
from the cleanup activities themselves or changes in laws or regulations that could require additional
remediation. Under current regulations, these costs are recoverable through customer rates established
in base rate proceedings.
Other Legal Proceedings
Emera and its subsidiaries may, from time to time, be involved in other legal proceedings, claims and
litigation that arise in the ordinary course of business which the Company believes would not reasonably
be expected to have a material adverse effect on the financial condition of the Company.
Principal Financial Risks and Uncertainties
Emera believes the following principal financial risks could materially affect the Company in the normal
course of business. Risks associated with derivative instruments and FV measurements are discussed in
note 15 and note 16.
 
Sound risk management is an essential discipline for running the business efficiently and pursuing the
Company’s strategy successfully. Emera has an enterprise-wide risk management process, overseen by
its Enterprise Risk Management Committee (“ERMC”) and monitored by the Board of Directors, to ensure
an effective, consistent and coherent approach to risk management. The Board of Directors has a Risk
and Sustainability Committee (‘RSC”) with a mandate that includes oversight of the Company’s Enterprise
Risk Management framework, including the identification, assessment, monitoring and management of
enterprise risks. It also includes oversight of the Company’s approach to sustainability and its
performance relative to its sustainability objectives.
Regulatory and Political Risk
The Company’s rate-regulated subsidiaries and certain investments subject to significant influence are
subject to risk of the recovery of costs and investments. Regulatory and political risk can include changes
in regulatory frameworks, shifts in government policy, legislative changes, and regulatory decisions.
As cost-of-service utilities with an obligation to serve customers, Emera’s utilities operate under formal
regulatory frameworks, and must obtain regulatory approval to change or add rates and/or riders. Emera
also holds investments in entities in which it has significant influence, and which are subject to regulatory
and political risk including NSPML, LIL, and M&NP.
 
As a regulated Group II pipeline, the tolls of
Brunswick Pipeline are regulated by the CER on a complaint basis, as opposed to the regulatory approval
process described above. In the absence of a complaint, the CER does not normally undertake a detailed
examination of Brunswick Pipeline’s tolls, which are subject to a firm service agreement, expiring in 2034,
with Repsol Energy North America Canada Partnership.
 
Regulators administer the regulatory frameworks covering material aspects of the utilities’ businesses,
including applying market-based tests to determine the appropriate customer rates and/or riders, the
underlying allowed ROEs, deemed capital structures, capital investment, the terms and conditions for the
provision of service, performance standards, and affiliate transactions. Regulators also review the
prudency of costs and other decisions that impact customer rates and reliability of service and work to
ensure the financial health of the utility for the benefit of customers. Costs and investments can be
recovered upon approval by the respective regulator as an adjustment to rates and/or riders, which
normally require a public hearing process or may be mandated by other governmental bodies.
 
During
public hearing processes, consultants and customer representatives scrutinize the costs, actions and
plans of these rate-regulated companies, and their respective regulators determine whether to allow
recovery and to adjust rates based upon the evidence and any contrary evidence from other parties. In
some circumstances, other government bodies may influence the setting of rates. Regulatory decisions,
legislative changes, and prolonged delays in the recovery of costs or regulatory assets could result in
decreased rate affordability for customers and could materially affect Emera and its utilities.
 
Emera’s utilities generally manage this risk through transparent regulatory disclosure, ongoing
stakeholder and government consultation and multi-party engagement on aspects such as utility
operations, regulatory audits, rate filings and capital plans. The subsidiaries work to establish
collaborative relationships with regulatory stakeholders, including customer representatives, both through
its approach to filings and additional efforts with technical conferences and, where appropriate, negotiated
settlements.
 
Changes in government and shifts in government policy and legislation can impact the commercial and
regulatory frameworks under which Emera and its subsidiaries operate. This includes initiatives regarding
deregulation or restructuring of the energy industry. Deregulation or restructuring of the energy industry
may result in increased competition and unrecovered costs that could adversely affect the Company’s
operations, net income and cash flows. State and local policies in some United States jurisdictions have
sought to prevent or limit the ability of utilities to provide customers the choice to use natural gas while in
other jurisdictions policies have been adopted to prevent limitations on the use of natural gas. Changes in
applicable state or local laws and regulations, including electrification legislation, could adversely impact
PGS and NMGC.
Emera cannot predict future legislative, policy, or regulatory changes, whether caused by economic,
political or other factors, or its ability to respond in an effective and timely manner or the resulting
compliance costs. Government interference in the regulatory process can undermine regulatory stability,
predictability, and independence, and could have a material adverse effect on the Company.
Foreign Exchange Risk
 
The Company is exposed to foreign currency exchange rate changes. Emera operates internationally,
with an increasing amount of the Company’s net income earned outside of Canada. As such, Emera is
exposed to movements in exchange rates between the CAD and, particularly, the USD, which could
positively or adversely affect results.
 
 
Consistent with the Company’s risk management policies, Emera manages currency risks through
matching United States denominated debt to finance its United States operations and may use foreign
currency derivative instruments to hedge specific transactions and earnings exposure. The Company may
enter FX forward and swap contracts to limit exposure on certain foreign currency transactions such as
fuel purchases, revenue streams and capital expenditures, and on net income earned outside of Canada.
The regulatory framework for the Company’s rate-regulated subsidiaries permits the recovery of prudently
incurred costs, including FX.
The Company does not utilize derivative financial instruments for foreign currency trading or speculative
purposes or to hedge the value of its investments in foreign subsidiaries. Exchange gains and losses on
net investments in foreign subsidiaries do not impact net income as they are reported in AOCI.
Liquidity and Capital Market Risk
Liquidity risk relates to Emera’s ability to ensure sufficient funds are available to meet its financial
obligations. Emera manages this risk by forecasting cash requirements on a continuous basis to
determine whether sufficient funds are available. Liquidity and capital needs could be financed through
internally generated cash flows, asset sales, short-term credit facilities, and ongoing access to capital
markets.
 
Emera’s access to capital and cost of borrowing is subject to several risk factors, including financial
market conditions, market disruptions and ratings assigned by various market analysts, including credit
rating agencies. Disruptions in capital markets could prevent Emera from issuing new securities or cause
the Company to issue securities with less than preferred terms and conditions. Emera’s growth plan
requires significant capital investments in PP&E and the risk associated with changes in interest rates
could have an adverse effect on the cost of financing. The Company’s future access to capital and cost of
borrowing may be impacted by various market disruptions. The inability to access cost-effective capital
could have a material impact on Emera’s ability to fund its growth plan.
 
 
Emera is subject to financial risk associated with changes in its credit ratings. There are a number of
factors that rating agencies evaluate to determine credit ratings, including the Company’s business, its
regulatory framework and legislative environment, political interference in the regulatory process, the
ability to recover costs and earn returns, diversification, leverage, liquidity and increased exposure to
climate change-related impacts, including increased frequency and severity of hurricanes and other
severe weather events. A decrease in a credit rating could result in higher interest rates in future
financings, increased borrowing costs under certain existing credit facilities, limit access to the
commercial paper market, or limit the availability of adequate credit support for subsidiary operations. For
more information on interest rate risk, refer to “General Economic Risk – Interest Rate Risk”. For certain
derivative instruments, if the credit ratings of the Company were reduced below investment grade, the full
value of the net liability of these positions could be required to be posted as collateral. Emera manages
these risks by actively monitoring and managing key financial metrics with the objective of sustaining
investment grade credit ratings.
The Company has exposure to its own common share price through the issuance of various forms of
stock-based compensation, which affect earnings through revaluation of the outstanding units every
period. The Company uses equity derivatives to reduce the earnings volatility derived from stock-based
compensation.
General Economic Risk
The Company has exposure to the macro-economic conditions in North America and in other geographic
regions in which Emera operates. Like most utilities, economic factors such as consumer income,
employment and housing affect demand for electricity and natural gas, and in turn the Company’s
financial results. Adverse changes in general economic conditions and inflation may impact the ability of
customers to afford rate increases arising from increases to fuel, operating, capital, environmental
compliance, and other costs, and therefore could materially affect Emera and its utilities. This may also
result in higher credit and counterparty risk, adverse shifts in government policy and legislation, and/or
increased risk to full and timely recovery of costs and regulatory assets.
Interest Rate Risk:
Emera utilizes a combination of fixed and floating rate debt financing for operations and capital
expenditures, resulting in an exposure to interest rate risk. Emera seeks to manage interest rate risk
through a portfolio approach that includes the use of fixed and floating rate debt with staggered
maturities. The Company will, from time to time, issue long-term debt or enter interest rate hedging
contracts to limit its exposure to fluctuations in floating interest rate debt.
 
For Emera’s regulated subsidiaries, the cost of debt is a component of rates and prudently incurred debt
costs are recovered from customers. Regulatory ROE will generally follow the direction of interest rates,
such that regulatory ROEs are likely to fall in times of reducing interest rates and rise in times of
increasing interest rates, albeit not directly and generally with a lag period reflecting the regulatory
process. Rising interest rates may also negatively affect the economic viability of project development
and acquisition initiatives.
Interest rates could also be impacted by changes in credit ratings. For more information, refer to “Liquidity
and Capital Market Risk”.
 
As with most other utilities and other similar yield-returning investments, Emera’s share price may be
affected by changes in interest rates and could underperform the market in an environment of rising
interest rates.
Inflation Risk:
 
The Company may be exposed to changes in inflation that may result in increased operating and
maintenance costs, capital investment, and fuel costs compared to the revenues provided by customer
rates. Emera’s utilities have budgeting and forecasting processes to identify inflationary risk factors and
measure operating performance, as well as collective bargaining agreements that mitigate the short-term
impact of inflation on labour costs of unionized employees.
Commodity Price Risk
The Company’s utility fuel supply and purchase of other commodities is subject to commodity price risk.
In addition, Emera Energy is subject to commodity price risk through its portfolio of commodity contracts
and arrangements.
The Company manages this risk through established processes and practices to identify, monitor, report
and mitigate these risks. These include the Company’s commercial arrangements, such as the
combination of supply and purchase agreements, asset management agreements, pipeline transportation
agreements and financial hedging instruments. In addition, its credit policies, counterparty credit
assessments, market and credit position reporting, and other risk management and reporting practices,
are also used to manage and mitigate this risk.
Regulated Utilities:
The Company’s utility fuel supply is exposed to broader global conditions, which may include impacts on
delivery reliability and price, despite contracted terms. Supply and demand dynamics in fuel markets can
be affected by a wide range of factors which are difficult to predict and may change rapidly, including but
not limited to currency fluctuations, changes in global economic conditions, natural disasters,
transportation or production disruptions, and geo-political risks such as political instability, conflicts,
changes to international trade agreements, trade sanctions or embargos. The Company seeks to manage
this risk using financial hedging instruments and physical contracts and through contractual protection
with counterparties, where applicable.
 
The majority of Emera’s regulated electric and gas utilities have adopted and implemented fuel
adjustment mechanisms and purchased gas adjustment mechanisms respectively, which further helps
manage commodity price risk, as the regulatory framework for the Company’s rate-regulated subsidiaries
permits the recovery of prudently incurred fuel and gas costs. There is no assurance that such
mechanisms and regulatory frameworks will continue to exist in the future. Prolonged and substantial
increases in fuel prices could result in decreased rate affordability, increased risk of recovery of costs or
regulatory assets, and/or negative impacts on customer consumption patterns and sales.
Emera Energy Marketing and Trading:
Emera Energy has employed further measures to manage commodity risk. The majority of Emera
Energy’s portfolio of electricity and gas marketing and trading contracts and, in particular, its natural gas
asset management arrangements, are contracted on a back-to-back basis, avoiding any material long or
short commodity positions. However, the portfolio is subject to commodity price risk, particularly with
respect to basis point differentials between relevant markets in the event of an operational issue or
counterparty default. Changes in commodity prices can also result in increased collateral requirements
associated with physical contracts and financial hedges, resulting in higher liquidity requirements and
increased costs to the business.
To
 
measure commodity price risk exposure, Emera Energy employs a number of controls and processes,
including an estimated VaR analysis of its exposures. The VaR
 
amount represents an estimate of the
potential change in FV that could occur from changes in Emera Energy’s portfolio or changes in market
factors within a given confidence level, if an instrument or portfolio is held for a specified time period. The
VaR calculation is used to quantify exposure to market risk associated with physical commodities,
primarily natural gas and power positions.
Income Tax Risk
The computation of the Company’s provision for income taxes is impacted by changes in tax legislation in
Canada, the United States and the Caribbean. Any such changes could affect the Company’s future
earnings, cash flows, and financial position. The value of Emera’s existing deferred income tax assets
and liabilities are determined by existing tax laws and could be negatively impacted by changes in laws.
Emera monitors the status of existing tax laws to ensure that changes impacting the Company are
appropriately reflected in the Company’s tax compliance filings and financial results.
Guarantees and Letters of Credit
Emera has guarantees and letters of credit on behalf of third parties outstanding. The following significant
guarantees and letters of credit are not included within the Consolidated Balance Sheets as at December
31, 2023
:
TECO Energy has issued a guarantee in connection with SeaCoast’s performance of obligations under a
gas transportation precedent agreement. The guarantee is for a maximum potential amount of $
45
 
million
USD if SeaCoast fails to pay or perform under the contract. The guarantee expires five years after the
gas transportation precedent agreement termination date, which was terminated on January 1, 2022. In
the event that TECO Energy’s and Emera’s long-term senior unsecured credit ratings are downgraded
below investment grade by Moody’s Investor Services (“Moody’s”) or S&P Global Ratings (“S&P”). TECO
Energy would be required to provide its counterparty a letter of credit or cash deposit of $
27
 
million USD.
TECO Energy issued a guarantee in connection with SeaCoast’s performance obligations under a firm
service agreement, which expires on December 31, 2055, subject to two extension terms at the option of
the counterparty with a final expiration date of December 31, 2071. The guarantee is for a maximum
potential amount of $
13
 
million USD if SeaCoast fails to pay or perform under the firm service agreement.
In the event that TECO Energy’s long-term senior unsecured credit ratings are downgraded below
investment grade by Moody’s or S&P,
 
TECO Energy would need to provide either a substitute guarantee
from an affiliate with an investment grade credit rating or a letter of credit or cash deposit of $
13
 
million
USD.
Emera Inc. has issued a guarantee of $
66
 
million USD relating to outstanding notes of ECI. This
guarantee will automatically terminate on the date upon which the obligations have been repaid in full.
NSPI has issued guarantees on behalf of its subsidiary, NS Power Energy Marketing Incorporated, in the
amount of $
104
 
million USD (2022 – $
119
 
million USD) with terms of varying lengths.
The Company has standby letters of credit and surety bonds in the amount of $
103
 
million USD
(December 31, 2022 – $
145
 
million USD) to third parties that have extended credit to Emera and its
subsidiaries. These letters of credit and surety bonds typically have a one-year term and are renewed
annually as required.
Emera Inc., on behalf of NSPI, has a standby letter of credit to secure obligations under a supplementary
retirement plan. The expiry date of this letter of credit was extended to June 2024. The amount committed
as at December 31, 2023 was $
56
 
million (December 31, 2022 – $
63
 
million).
Collaborative Arrangements
For the years ended December 31, 2023 and 2022, the Company has identified the following material
collaborative arrangements:
Through NSPI, the Company is a participant in three wind energy projects in Nova Scotia. The
percentage ownership of the wind project assets is based on the relative value of each party’s project
assets by the total project assets. NSPI has power purchase arrangements to purchase the entire net
output of the projects and, therefore, NSPI’s portion of the revenues are recorded net within regulated fuel
for generation and purchased power. NSPI’s portion of operating expenses is recorded in “OM&G” on the
Consolidated Statements of Income. In 2023, NSPI recognized $
8
 
million net expense (2022 – $
12
million) in “Regulated fuel for generation and purchased power” and $
3
 
million (2022 – $
3
 
million) in
“OM&G” on the Consolidated Statements of Income.