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Regulatory Assets and Liabilities
12 Months Ended
Dec. 31, 2024
Regulatory Assets and Liabilities [Abstract]  
Regulatory Assets and Liabilities
7. REGULATORY
 
ASSETS AND LIABILITIES
Regulatory assets represent prudently incurred costs that have
 
been deferred because it is probable they
will be recovered through future rates or tolls collected from customers.
 
Management believes existing
regulatory assets are probable for recovery either because
 
the Company received specific approval from
the applicable regulator, or
 
due to regulatory precedent established for similar circumstances.
 
If
management no longer considers it probable that an asset
 
will be recovered, deferred costs are charged
to income.
 
Regulatory liabilities represent obligations to make refunds
 
to customers or to reduce future revenues for
previous collections. If management no longer considers
 
it probable that a liability will be settled, the
related amount is recognized in income.
For regulatory assets and liabilities that are amortized, the amortization
 
is as approved by the respective
regulator.
As at
December 31
December 31
millions of dollars
 
2024 (1)
2023
Regulatory assets
Deferred income tax regulatory assets
$
 
1,227
$
 
1,233
TEC capital cost recovery for early retired assets
 
 
737
 
671
Storm cost recovery clauses
 
 
613
 
52
Pension and post-retirement medical plan
 
395
 
364
TEC capital cost recovery for retired Polk Unit 1 components
 
205
-
 
Deferrals related to derivative instruments
 
42
 
88
Cost recovery clauses
 
33
 
151
Environmental remediations
 
29
 
26
Stranded cost recovery
 
27
 
25
NSPI FAM
-
 
 
395
Other
(2)
 
119
 
100
$
 
3,427
$
 
3,105
Current
$
 
595
$
 
339
Long-term
 
2,832
 
2,766
Total
 
regulatory assets
 
$
 
3,427
$
 
3,105
Regulatory liabilities
Deferred income tax regulatory liabilities
 
828
 
830
Accumulated reserve – COR
 
733
 
849
Cost recovery clauses
 
 
121
 
32
NSPI FAM
 
56
-
 
Deferrals related to derivative instruments
 
44
 
17
BLPC Self-insurance fund ("SIF") (note 33)
 
32
 
29
Other
(2)
 
66
 
15
$
 
1,880
$
 
1,772
Current
$
 
262
$
 
168
Long-term
 
1,618
 
1,604
Total
 
regulatory liabilities
$
 
1,880
$
 
1,772
(1) On August 5, 2024, Emera announced an
 
agreement to sell NMGC. As at December
 
31, 2024, NMGC's assets and liabilities
were classified as held for sale and excluded from
 
the table above.
 
For further details on the pending transaction, refer
 
to note 4.
(2) Comprised of regulatory assets and liabilities
 
that are not individually significant.
Deferred Income Tax
 
Regulatory Assets and Liabilities
To
 
the extent deferred income taxes are expected to be recovered
 
from or returned to customers in future
years, a regulatory asset or liability is recognized as appropriate
 
.
 
TEC Capital Cost Recovery for Early Retired Assets
Represents the remaining net book value of Big Bend Power
 
Station Units 1 through 3 and smart meter
assets that were early retired. The balance earns a rate of return
 
as permitted by the FPSC and is
recovered as a separate line item on customer bills for
 
a period of
15
 
years, beginning in January 2022.
Storm Cost Recovery Clauses
TEC and PGS Storm Reserve:
The storm reserve is for hurricanes and other named storms
 
that cause significant damage to TEC and
PGS systems. As allowed by the FPSC, if charges to the
 
storm reserve exceed the storm reserve liability,
the excess is to be carried as a regulatory asset. TEC
 
and PGS can petition the FPSC to seek recovery
of restoration costs over a 12-month period or longer,
 
as determined by the FPSC, as well as replenish
the reserve.
NSPI Storm Rider:
NSPI has a UARB approved storm rider for each of 2023,
 
2024 and 2025, which gives NSPI the ability to
apply to the UARB for recovery of costs if major storm
 
restoration expenses exceed approximately $
10
million in a given year. The
 
storm rider was effective as of the General Rate
 
Application (“GRA”) decision
date. The application for deferral and recovery of the storm rider
 
is made in the year following the year of
the incurred cost, with recovery beginning in the year
 
after the application.
 
GBPC Storm Restoration:
This asset includes storm restoration costs incurred by
 
GBPC related to Hurricane Dorian in 2020 and
Hurricane Matthew in 2016.
 
Pension and Post-Retirement Medical Plan
 
This asset is primarily related to the deferred costs of pension and
 
post-retirement benefits at TEC, PGS
and, in 2023, NMGC. Deferred costs of postretirement
 
benefits that are included in expense are
recognized as cost of service for rate-making purposes
 
as permitted by the FPSC and New Mexico Public
Regulation Commission (“NMPRC”), as applicable and
 
amortized over the remaining service life of plan
participants.
TEC Capital Cost Recovery for Retired Polk Unit 1
 
Components
This regulatory asset relates to the remaining net book value
 
of certain components of Polk Unit 1 that
were early retired on December 31, 2024. The balance earns a
 
rate of return as permitted by the FPSC
and will be recovered through base rates over an
11
-year recovery period beginning on January 1, 2025.
Deferrals Related to Derivative Instruments
This asset is primarily related to NSPI deferring changes in FV
 
of derivatives that are documented as
economic hedges or that do not qualify for NPNS exemption,
 
as a regulatory asset or liability as approved
by the UARB. The realized gain or loss is recognized
 
when the hedged item settles in regulated fuel for
generation and purchased power,
 
other income, inventory,
 
or OM&G, depending on the nature of the item
being economically hedged.
Cost Recovery Clauses
 
These assets and liabilities are clauses and riders related to
 
TEC, PGS and, in 2023, NMGC.
 
They are
recovered or refunded through cost-recovery mechanisms
 
approved by the FPSC or NMPRC, as
applicable, on a dollar-for-dollar basis in a subsequent
 
period.
Environmental Remediations
This asset is primarily related to PGS costs associated with environmental
 
remediation at Manufactured
Gas Plant sites. The balance is included in rate base, partially
 
offsetting the related liability,
 
and earns a
rate of return as permitted by the FPSC. The timing of recovery
 
is based on a settlement agreement
approved by the FPSC.
Stranded Cost Recovery
Due to decommissioning of a GBPC steam turbine in 2012,
 
the GBPA approved
 
recovery of a $
21
 
million
USD stranded cost through electricity rates; it is included in
 
rate base and expected to be included in
rates in future years.
NSPI FAM
NSPI has a FAM, approved
 
by the UARB, allowing NSPI to recover fluctuating fuel
 
and certain fuel-
related costs from customers through regularly scheduled
 
fuel rate adjustments. Differences between
prudently incurred fuel costs and amounts recovered from customers
 
through electricity rates in a year
are deferred to a FAM regulatory
 
asset or liability and recovered from or returned to
 
customers in
subsequent periods.
 
Accumulated Reserve – COR
This regulatory asset or liability represents the non-ARO
 
COR reserve in TEC, PGS, NSPI and in 2023,
NMGC. AROs represent the FV of estimated cash flows
 
associated with the Company’s legal obligation to
retire its PP&E.
 
Non-ARO COR represent estimated funds received
 
from customers through depreciation
rates to cover future COR of PP&E value upon retirement
 
that are not legally required. This reduces rate
base for ratemaking purposes. This liability is reduced
 
as COR are incurred and increased as
depreciation is recorded for existing assets and as new
 
assets are put into service.
Regulatory Environments and Updates
Florida Electric Utility
TEC is regulated by the FPSC and is also subject to regulation
 
by the Federal Energy Regulatory
Commission. The FPSC sets rates at a level that allows
 
utilities such as TEC to collect total revenues or
revenue requirements equal to their cost of providing service,
 
plus an appropriate return on invested
capital. Base rates are determined in FPSC rate setting
 
hearings which can occur at the initiative of TEC,
the FPSC or other interested parties.
TEC’s approved regulated return on equity (“ROE”)
 
range for 2024 and 2023 was
9.25
 
per cent to
11.25
per cent based on an allowed equity capital structure of
54
 
per cent. An ROE of
10.20
 
per cent (2023 –
10.20
 
per cent) is used for the calculation of the return
 
on investments for clauses.
Base Rates:
On April 2, 2024, TEC filed a rate case with the FPSC for
 
new base rates. On December 3, 2024, the
FPSC rendered a decision which includes annual base
 
rate increases of $
185
 
million USD in 2025 and
adjustments of $
87
 
million USD and $
9
 
million USD in 2026 and 2027, respectively.
 
The allowed equity in
the capital structure will continue to be
54
 
per cent from investor sources of capital and the allowed
regulatory ROE range is
9.50
 
per cent to
11.50
 
per cent with a
10.50
 
per cent midpoint. On February 3,
2025, the FPSC issued the final order approving the decision,
 
effective January 1, 2025. On February 18,
2025, a motion for reconsideration on certain aspects of the
 
rate case order was filed with the FPSC.
 
On August 16, 2023, TEC filed a petition to implement the
 
2024 Generation Base Rate Adjustment
provisions pursuant to the 2021 rate case settlement agreement.
 
Inclusive of TEC’s ROE adjustment, the
increase of $
22
 
million USD was approved by the FPSC on November
 
17, 2023.
Fuel Recovery and Other Cost Recovery Clauses:
TEC has a fuel recovery clause approved by the FPSC,
 
allowing the opportunity to recover fluctuating
fuel expenses from customers through annual fuel rate
 
adjustments. The FPSC annually approves cost-
recovery rates for purchased power,
 
capacity, environmental
 
and conservation costs, including a return
on capital invested. Differences between prudently
 
incurred fuel costs and the cost-recovery rates
 
and
amounts recovered from customers through electricity
 
rates in a year are deferred to a regulatory asset or
liability and recovered from or returned to customers
 
in subsequent periods.
 
On April 2, 2024, TEC requested a mid-course adjustment
 
to its fuel and capacity charges, reflecting a
$
138
 
million USD reduction over
12 months
, from June 2024 through May 2025. The requested
 
reduction
was due to a decrease in actual and projected 2024 natural
 
gas prices since TEC submitted its projected
2024 costs in the fall of 2023. On May 7, 2024, the FPSC
 
approved the mid-course adjustment.
On January 23, 2023, TEC requested an adjustment
 
to its fuel charges to recover the 2022 fuel under-
recovery of $
518
 
million USD over a period of
21 months
. The request also included an adjustment to
2023 projected fuel costs to reflect the reduction in natural gas
 
prices since September 2022 for a
projected reduction of $
170
 
million USD for the balance of 2023. The changes were
 
approved by the
FPSC on March 7, 2023, and were effective
 
beginning on April 1, 2023.
Storm Reserve:
On
September 26, 2024, Hurricane Helene passed 100 miles west
 
of Tampa
 
and made landfall
approximately 200 miles north of Tampa,
 
in Taylor
 
County, as a Category
 
4 hurricane. TEC’s service
territory was impacted by the tropical storm force winds
 
and storm surge which resulted in a peak number
of customers out of 100,000. As of December 31, 2024, TEC
 
deferred $
49
 
million USD to the storm
reserve for future recovery.
On October 9, 2024, Hurricane Milton made landfall approximately
 
50 miles south of Tampa,
 
near
Sarasota, and was the worst weather event to impact the
 
area in over 100 years. The Category 3
hurricane had a significant impact on TEC’s service
 
territory which resulted in a peak number of
customers out of 600,000. As of December 31, 2024, TEC deferred
 
$
340
 
million USD to the storm
reserve for future recovery
.
 
As at December 31, 2024, total restoration costs charged
 
to the storm reserve account have exceeded
the storm reserve balance, and therefore $
377
 
million USD has been deferred as a regulatory asset
 
for
future recovery. On February
 
4, 2025, the FPSC approved TEC’s petition, filed
 
on December 27, 2024,
for the recovery of $
466
 
million USD for costs associated with Hurricane Idalia, Hurricane
 
Debby,
Hurricane Helene and Hurricane Milton and the associated
 
interest which will replenish the storm reserve
over an 18-month recovery period beginning March 2025.
 
The amount of cost-recovery is subject to a
true-up mechanism with the FPSC.
In September 2022, TEC was impacted by Hurricane Ian, with
 
$
119
 
million USD of restoration costs
charged against TEC’s FPSC approved storm reserve.
 
On January 23, 2023, TEC petitioned the FPSC
for recovery of the storm reserve regulatory asset and the replenishment
 
of the balance in the storm
reserve to the approved storm reserve level of $
56
 
million USD, for a total of $
131
 
million USD. The storm
cost recovery surcharge was approved by the FPSC on March
 
7, 2023, and TEC began applying the
surcharge in April 2023. Subsequently,
 
on November 9, 2023, the FPSC approved TEC’s
 
petition, filed on
August 16, 2023, to update the total storm cost collection
 
to $
134
 
million USD. The remaining balance of
$
29
 
million USD as of December 31, 2023, was collected over
 
12 months in 2024.
 
Storm Protection Cost Recovery Clause and Settlement
 
Agreement:
The Storm Protection Plan Cost Recovery Clause provides
 
a process for Florida investor-owned utilities,
including TEC, to recover transmission and distribution
 
storm hardening costs for incremental activities
not already included in base rates. Differences between
 
prudently incurred clause-recoverable costs and
amounts recovered from customers through electricity
 
rates in a year are deferred and recovered from or
returned to customers in a subsequent year.
 
The current approved plan addressed the years 2023,
 
2024
and 2025 and was approved by the FPSC in October,
 
2022.
Canadian Electric Utilities
NSPI
NSPI is a public utility as defined in the Public Utilities
 
Act of Nova Scotia (“Public Utilities Act”) and is
subject to regulation under the Public Utilities Act by the UARB.
 
The Public Utilities Act gives the UARB
supervisory powers over NSPI’s operations and
 
expenditures. Electricity rates for NSPI’s customers
 
are
also subject to UARB approval. NSPI is not subject to
 
a general annual rate review process, but rather
participates in hearings held from time to time at NSPI’s
 
or the UARB’s request.
NSPI is regulated under a cost-of-service model, with rates
 
set to recover prudently incurred costs of
providing electricity service to customers and provide a
 
reasonable return to investors. NSPI’s approved
regulated ROE range for 2024 and 2023 was
8.75
 
per cent to
9.25
 
per cent based on an actual five
quarter average regulated common equity component
 
of up to
40
 
per cent of approved rate base.
GRA:
On February 2, 2023, the UARB approved the GRA settlement
 
agreement between NSPI, key customer
representatives and participating interest groups. This resulted
 
in average customer rate increases of
6.9
per cent effective on February 2, 2023, and further
 
average increases of
6.5
 
per cent on January 1, 2024,
with any under or over-recovery of fuel costs addressed through
 
the UARB’s established FAM
 
process. It
also established a storm rider and a demand-side management
 
rider. On March 27,
 
2023, the UARB
issued a final order approving the electricity rates effective
 
on February 2, 2023.
Fuel Recovery:
On April 17, 2024, the UARB approved the sale of $
117
 
million of the FAM regulatory
 
asset to Invest
Nova Scotia, a provincial Crown corporation. On April
 
30, 2024, the transaction closed and the $
117
million was remitted to NSPI, which resulted in a corresponding
 
decrease of the FAM regulatory
 
asset.
NSPI is collecting the amortization and financing costs
 
related to the $
117
 
million from customers on
behalf of Invest Nova Scotia over a
10
-year period, which began in Q2 2024, and is
 
remitting those
amounts to Invest Nova Scotia quarterly.
 
Federal Loan Guarantee (“FLG”):
On September 24, 2024, the Government of Canada finalized
 
an agreement with NSPI, NSPML and the
Province of Nova Scotia (the “Province”) on terms and
 
conditions for a FLG of $
500
 
million in debt to be
issued by NSPML to help Nova Scotia customers manage
 
unrecovered costs of the replacement energy
that was required during the several years of delay in the
 
Muskrat Falls hydroelectricity project. On
September 25, 2024, NSPI and NSPML filed applications
 
with the UARB related to the FLG. On
November 29, 2024, the UARB approved NSPML’s
 
application to issue the debt, transfer the proceeds
 
to
NSPI as a refund of a portion of previous NSPML assessment
 
payments, and to increase its annual
assessment charge to NSPI to recover the refund and
 
related financing costs over a
28
-year period. On
December 16, 2024, the net proceeds of the NSPML debt
 
issuance were transferred to NSPI and applied
against the FAM regulatory
 
asset balance. On February 18, 2025, the UARB approved
 
NSPI's application
to increase 2025 fuel rates to service the incremental
 
NSPML debt.
Storm Rider:
On December 2, 2024, the UARB approved the recovery
 
of $
24
 
million of major storm restoration and
incremental financing costs deferred to NSPI’s storm
 
rider in 2023 to be recovered over a
12
-month
period beginning on January 1, 2025.
Hurricane Fiona:
On June 27, 2024, the UARB approved the deferred recognition
 
of $
25
 
million in incremental operating
costs incurred during the Hurricane Fiona storm restoration
 
efforts in September 2022. Following UARB
approval, the $
25
 
million was reclassified to “Regulatory assets”
 
from “Other long-term assets”. The
UARB also directed NSPI to reclassify $
10
 
million of undepreciated costs related to assets retired
because of Hurricane Fiona to “Regulatory assets” from “PP&E”
 
on the Consolidated Balance Sheets.
NSPI began amortizing both of these regulatory assets
 
over a
10
-year period beginning July 1, 2024.
Nova Scotia Cap-and-Trade
 
(“Cap-and-Trade”)
 
Program:
On December 31, 2022, the FAM
 
included a cumulative $
166
 
million in fuel costs related to the accrued
purchase of emissions credits and $
6
 
million related to credits purchased from provincial auctions.
 
On
March 16, 2023, the Province provided NSPI with emissions
 
allowances sufficient to achieve compliance
for the 2019 through 2022 period. As such, compliance costs
 
accrued of $
166
 
million were reversed in Q1
2023. The credits NSPI purchased from provincial auctions
 
in the amount of $
6
 
million were not refunded
and no further costs were incurred to achieve compliance
 
with the Cap-and-Trade Program.
Extra Large Industrial Active Demand Tariff:
On July 5, 2023, NSPI received approval from the UARB to
 
change the methodology in which fuel cost
recovery from an industrial customer is calculated. Due to significant
 
volatility in commodity prices in
2022, the previous methodology did not result in a reasonable
 
determination of the fuel cost to serve this
customer. The change in methodology,
 
effective January 1, 2022, results in a shifting
 
of fuel costs from
this industrial customer to the FAM.
 
This adjustment was recorded in Q2 2023 resulting
 
in a $
51
 
million
increase to the FAM regulatory
 
asset and an offsetting decrease to unbilled revenue
 
within Receivables
and other current assets. This adjustment had minimal
 
impact on earnings.
NSPML
Equity earnings from the Maritime Link are dependent
 
on the approved ROE and operational
performance of NSPML. NSPML’s
 
approved regulated ROE range is
8.75
 
per cent to
9.25
 
per cent,
based on an actual five-quarter average regulated common
 
equity component of up to
30
 
per cent.
 
Newfoundland and Labrador Hydro’s (“NLH”) Nova
 
Scotia Block (“NS Block”) delivery obligations
commenced in 2021 and delivery will continue over the next
35 years
 
pursuant to the agreements.
 
On September 24, 2024, the Government of Canada finalized
 
an agreement with NSPI, NSPML, and the
Province on terms and conditions for a FLG of $
500
 
million in debt to be issued by NSPML. For further
information, refer to the NSPI section above.
 
On November 29, 2024, NSPML received approval from the
 
UARB to collect up to $
197
 
million in 2025
from NSPI; which includes $
158
 
million for the recovery of costs associated with the Maritime
 
Link, and
$
39
 
million associated with the additional FLG debt and financing costs
 
noted in the NSPI section above.
Payments from NSPI are subject to a holdback of up to $
4
 
million per month. There was
no
 
holdback
recorded for the year ended December 31, 2024.
 
On December 21, 2023, NSPML received approval from the
 
UARB to collect up to $
164
 
million in 2024
from NSPI for the recovery of costs associated with the
 
Maritime Link subject to a holdback of $
4
 
million
per month.
On October 4, 2023 and January 31, 2024, the UARB issued
 
decisions providing clarification on
remaining aspects of the Maritime Link holdback mechanism
 
primarily relating to release of past and
future holdback amounts and requirements to end the holdback
 
mechanism. In these decisions, the
UARB agreed with the Company’s submission that
 
$
12
 
million ($
8
 
million related to 2022 and $
4
 
million
related to 2023) of the previously recorded holdback remain
 
credited to NSPI’s FAM,
 
with the remainder
released to NSPML and recorded in Emera’s “Income
 
from equity investments”. The UARB also
confirmed that NSPML can apply for termination of the
 
holdback mechanism upon
90
 
per cent of NS
Block deliveries being achieved for 12 consecutive months (subject
 
to potential relief for planned outages
or exceptional circumstances) and the net outstanding
 
balance of previously underdelivered NS Block
energy is less than
10
 
per cent of the contracted annual amount. In addition,
 
the UARB increased the
monthly holdback amount from $
2
 
million to $
4
 
million beginning December 1, 2023.
Gas Utilities and Infrastructure
PGS
PGS is regulated by the FPSC. The FPSC sets rates at
 
a level that allows utilities such as PGS to collect
total revenues or revenue requirements equal to their
 
cost of providing service, plus an appropriate return
on invested capital.
PGS’s approved ROE range for 2024 and 2023
 
was
9.15
 
per cent to
11.15
 
per cent with a
10.15
 
per cent
midpoint, based on an allowed equity capital structure
 
of
54.7
 
per cent.
 
Base Rates:
On April 4, 2023, PGS filed a rate case with the FPSC
 
and a hearing for the matter was held in
September 2023. On November 9, 2023, the FPSC approved
 
a $
118
 
million USD increase to base
revenues which includes $
11
 
million USD transferred from the cast iron and bare
 
steel replacement rider,
for a net incremental increase to base revenues of $
107
 
million USD. This reflects a
10.15
 
per cent
midpoint ROE with an allowed equity capital structure of
54.7
 
per cent. A final order was issued on
December 27, 2023, with the new rates effective January
 
2024.
Fuel Recovery:
PGS recovers the costs it pays for gas supply and
 
interstate transportation for system supply through its
Purchased Gas Adjustment Clause (“PGAC”). This clause is designed
 
to recover actual costs incurred by
PGS for purchased gas, gas storage services, interstate pipeline
 
capacity, and
 
other related items
associated with the purchase, distribution, and sale of
 
natural gas to its customers.
 
These charges may
be adjusted monthly based on a cap approved annually
 
by the FPSC.
Recovery of Energy Conservation and Pipeline Replacement
 
Programs:
The FPSC annually approves a conservation charge that
 
is intended to permit PGS to recover prudently
incurred expenditures in developing and implementing
 
cost effective energy conservation programs
 
which
are required by Florida law and approved and monitored
 
by the FPSC. PGS also has a Cast Iron/Bare
Steel Pipe Replacement clause to recover the cost of accelerating
 
the replacement of cast iron and bare
steel distribution lines in the PGS system. In February 2017,
 
the FPSC approved expansion of the Cast
Iron/Bare Steel clause to allow recovery of accelerated
 
replacement of certain obsolete plastic pipe. The
majority of cast iron and bare steel pipe has been removed
 
from its system, with replacement of obsolete
plastic pipe continuing until 2028 under the rider.
 
NMGC
NMGC is subject to regulation by the NMPRC. The NMPRC
 
sets rates at a level that allows NMGC to
collect total revenues equal to its cost of providing service,
 
plus an appropriate return on invested capital.
 
NMGC’s approved ROE for 2024 and 2023
 
was
9.375
 
per cent on an allowed equity capital structure of
52
 
per cent.
Base Rates:
On September 14, 2023, NMGC filed a rate case with
 
the NMPRC for new base rates.
 
On March 1, 2024,
NMGC filed with the NMPRC a settlement with the support
 
of all parties in the case for an increase of $
30
million USD in annual base revenues and maintaining
 
NMGC’s ROE at
9.375
 
per cent. The rates reflect
the recovery of increased operating costs and capital investments
 
in pipeline projects and related
infrastructure, as well as a new customer information and
 
billing system. NMGC also agreed to withdraw,
and to not reassert in a future rate case application,
 
its request for a regulatory asset for costs associated
with its 2022 application for a certificate of public convenience
 
and necessity for a liquefied natural gas
storage facility in New Mexico. The NMPRC approved
 
the rate case settlement on July 25, 2024. New
rates became effective October 1, 2024.
Fuel Recovery:
NMGC recovers gas supply costs through a PGAC. This
 
clause recovers actual costs for purchased gas,
gas storage services, interstate pipeline capacity,
 
and other related items associated with the purchase,
transmission, distribution, and sale of natural gas to its
 
customers. On a monthly basis, NMGC can adjust
charges based on the next month’s expected cost
 
of gas and any prior month under-recovery or over-
recovery. The NMPRC
 
requires that NMGC annually file a reconciliation
 
of the PGAC period costs and
recoveries. NMGC must file a PGAC Continuation Filing
 
with the NMPRC every four years to establish
that the continued use of the PGAC is reasonable and
 
necessary. NMGC
 
received approval of its PGAC
Continuation in December 2024, for the four-year period
 
ending December 2028.
Brunswick Pipeline
 
Brunswick Pipeline is a
145
-kilometre pipeline delivering natural gas from the Saint
 
John LNG import
terminal near Saint John, New Brunswick to markets in
 
the northeastern US. Brunswick Pipeline entered
into a
25
-year firm service agreement commencing in July
 
2009 with Repsol Energy Canada. The
agreement provides for a predetermined toll increase
 
in the fifth and fifteenth year of the contract. The
pipeline is considered a Group II pipeline regulated by
 
the Canada Energy Regulator (“CER”). The CER
Gas Transportation Tariff
 
is filed by Brunswick Pipeline in compliance with the
 
requirements of the CER
Act and sets forth the terms and conditions of the transportation
 
rendered by Brunswick Pipeline.
Other Electric Utilities
BLPC
BLPC is regulated by the Fair Trading
 
Commission (“FTC”), under the Utilities Regulation (Procedural)
Rules 2003. BLPC is regulated under a cost-of-service model,
 
with rates set to recover prudently incurred
costs of providing electricity service to customers plus
 
an appropriate return on capital invested. BLPC’s
approved regulated return on rate base was
10
 
per cent for 2024 and 2023.
Licenses:
BLPC currently operates pursuant to a single integrated license
 
to generate, transmit and distribute
electricity on the island of Barbados until 2028. In 2019, the Government
 
of Barbados passed legislation
requiring multiple licenses for the supply of electricity.
 
In 2021, BLPC reached commercial agreement with
the Government of Barbados for each of the license types,
 
subject to the passage of implementing
legislation. The timing of the final enactment is unknown at
 
this time, but BLPC will work towards the
implementation of the licenses once enacted.
Base Rates:
In 2021, BLPC submitted a general rate review application
 
to the FTC. In September 2022, the FTC
granted BLPC interim rate relief, allowing an increase in base rates
 
of approximately $
1
 
million USD per
month. On February 15, 2023, the FTC issued a decision
 
on the application which included the following
significant items: an allowed regulatory ROE of
11.75
 
per cent, an equity capital structure of
55
 
per cent,
a directive to update the major components of rate base
 
to September 16, 2022, and a directive to
establish regulatory liabilities totalling approximately $
71
 
million USD. On March 7, 2023, BLPC filed a
Motion for Review and Variation
 
(the “Motion”) and applied for a stay of the FTC’s
 
decision, which was
subsequently granted. On November 20, 2023, the FTC
 
issued their decision dismissing the Motion.
Interim rates continue to be in effect through to
 
a date to be determined in a final decision and order.
 
On December 1, 2023, BLPC appealed certain aspects
 
of the FTC’s February 15 and November 20,
2023, decisions to the Supreme Court of Barbados in the
 
High Court of Justice (the “Court”) and
requested that they be stayed. On December 11,
 
2023, the Court granted the stay.
 
BLPC’s position is
that the FTC made errors of law and jurisdiction in their
 
decisions and believes the success of the appeal
is probable, and as a result, the adjustments to BLPC’s
 
final rates and rate base, including any
adjustments to regulatory assets and liabilities, have not been
 
recorded at this time. The appeal is
currently scheduled to be heard in 2025.
 
Fuel Recovery:
BLPC’s fuel costs flow through a fuel pass-through
 
mechanism which provides opportunity to recover
 
all
prudently incurred fuel costs from customers in a timely
 
manner. The calculation of the fuel
 
charge is
adjusted on a monthly basis and reported to the FTC for
 
approval.
Clean Energy Transition
 
Rider (“CETR”):
On May 31, 2023, the FTC approved BLPC’s
 
application to establish an alternative cost recovery
mechanism to recover prudently incurred costs associated
 
with its CETR (the “Decision”). The
mechanism is intended to facilitate the timely recovery between
 
rate cases of costs associated with
approved renewable energy assets. BLPC will be required
 
to submit an individual application for the
recovery of costs of each asset through the cost recovery
 
mechanism, meeting the minimum criteria as
set out in the Decision. On October 5, 2023, BLPC applied
 
to the FTC to recover the costs of a battery
storage system through the CETR. On May 6, 2024, the
 
FTC approved the recovery of a
15
 
MW battery
storage system through the CETR.
Barbados Domestic Tax
 
Rate Change:
On May 24, 2024, the Government of Barbados signed
 
the Income Tax
 
(Amendment and Validation)
 
Act
into law. The legislation, effective
 
January 1, 2024, implemented a corporate income
 
tax rate of
9
 
per
cent, requiring BLPC to remeasure its deferred income
 
tax liabilities. On July 18, 2024, BLPC requested
the deferred recovery of the $
5
 
million USD remeasurement. BLPC is seeking amortization
 
of the costs
over a period to be approved by the FTC during a future
 
rate setting process.
 
GBPC
GBPC is regulated by the GBPA.
 
The GBPA
 
has granted GBPC a licensed, regulated and exclusive
franchise to produce, transmit and distribute electricity
 
on the island until 2054. Rates are set to recover
prudently incurred costs of providing electricity service
 
to customers plus an appropriate return on rate
base. GBPC’s approved regulated return on rate base
 
was
8.52
 
per cent for 2024 (2023 –
8.32
 
per cent).
Electricity Act, 2024:
On June 1, 2024, the Electricity Act, 2024 took effect.
 
The legislation purports to remove the jurisdiction of
the GBPA over GBPC
 
and to have the Utilities Regulation and Competition
 
Authority, another
 
Bahamian
regulator, regulate GBPC.
 
Base Rates:
There is a fuel pass-through mechanism and tariff review
 
policy with new rates submitted every three
years. On August 1, 2024, as required by the GBPA
 
Operating Protocol and Regulatory Framework
Agreement, GBPC filed a rate plan proposal and is awaiting
 
regulatory review.
 
Fuel Recovery:
GBPC’s fuel costs flow through a fuel pass-through
 
mechanism which provides the opportunity to recover
all prudently incurred fuel costs from customers in a timely
 
manner. In 2023 and 2024,
 
the fuel pass
through charge was adjusted monthly,
 
in-line with actual fuel costs.