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Contractual Commitments and Contingencies
3 Months Ended
Mar. 31, 2013
Commitments and Contingencies Disclosure [Abstract]  
Contractual Commitments and Contingencies
Contractual Commitments and Contingencies
Information on certain contractual commitments and contingencies follows.
Litigation
We are involved in legal proceedings that are incidental to our business and include administrative or judicial actions seeking remediation under environmental laws, such as Superfund. Some of these legal proceedings relate to environmental matters and involve governmental authorities. For further information, see “Environmental” below.
While it is not possible to predict or determine with certainty the outcome of any legal proceeding, we believe the outcome of any of these proceedings, or all of them combined, will not result in a material adverse effect on our consolidated results of operation, financial condition, or cash flows.
As we previously disclosed, the United States Department of Justice has advised us that it is conducting a review of certain of our foreign business activities in relation to compliance with relevant U.S. economic sanctions programs and anti-corruption laws, as well as certain historical conduct in the domestic U.S. market, and has requested certain information in connection with such review. We are cooperating with the investigation. In connection with such cooperation, we have voluntarily agreed to provide certain information and are conducting an internal review for that purpose.
Environmental
In 2000, the Environmental Protection Agency (EPA) named us as a potentially responsible party (PRP) under Superfund law for the clean-up of soil and groundwater contamination at the five grouped disposal sites known as "Sauget Area 2 Sites" in Sauget, Illinois. Without admitting any fact, responsibility, fault, or liability in connection with this site, we are participating with other PRPs in site investigations and feasibility studies. The Sauget Area 2 Sites PRPs received notice of approval from the EPA of the Remedial Investigation report on February 27, 2009, notice of approval of the October 2009 Human Health Risk Assessment on December 17, 2009, and approval of the Feasibility Study (FS) report on April 3, 2013. We have accrued our estimated proportional share of the expenses for the FS, as well as our best estimate of our proportional share of the remediation liability proposed in our ongoing discussions and submissions with the agencies involved. We do not believe there is any additional information available as a basis for revision of the liability that we have established at March 31, 2013. The amount accrued for this site is not material.
The accruals for environmental remediation, dismantling, and decontamination at our most significant environmental remediation sites are shown below. At the former TEL plant site shown in the table below, we have completed significant environmental remediation, although we will be monitoring and treating the site for an extended period. The accruals below have been discounted to present value, and include an inflation factor in the estimate. The remaining environmental liabilities not shown separately below are not discounted.
 
 
March 31, 2013
 
December 31, 2012
(in millions)
 
Former TEL
Plant Site,
Louisiana
 
Houston,
Texas Plant
Site
 
Superfund
Site,
Louisiana
 
Former TEL
Plant Site,
Louisiana
 
Houston,
Texas Plant
Site
 
Superfund
Site,
Louisiana
Accrual, discounted
 
$
5.5

 
$
6.0

 
$
3.2

 
$
5.6

 
$
6.1

 
$
3.2

Accrual, undiscounted
 
6.8

 
9.1

 
4.4

 
6.9

 
9.3

 
4.4

Discount rate for accrual
 
3
%
 
3
%
 
3
%
 
3
%
 
3
%
 
3
%
Expected future payments:
 
 
 
 
 
 
 
 
 
 
 
 
2013
 
$
0.6

 
$
0.7

 
$
0.0

 
 
 
 
 
 
2014
 
0.8

 
0.2

 
0.0

 
 
 
 
 
 
2015
 
0.6

 
0.2

 
0.2

 
 
 
 
 
 
2016
 
0.5

 
0.2

 
0.3

 
 
 
 
 
 
2017
 
0.6

 
0.2

 
0.3

 
 
 
 
 
 
Thereafter
 
3.7

 
7.6

 
3.6

 
 
 
 
 
 


Of the total accrual at the Houston, Texas plant site, $5.8 million at both March 31, 2013 and December 31, 2012 relates to remediation. Of the total remediation, $5.6 million at both March 31, 2013 and December 31, 2012 relates to remediation of groundwater and soil.
We accrue for environmental remediation and monitoring activities for which costs can be reasonably estimated and are probable. These estimates are based on an assessment of the site, available clean-up methods, and prior experience in handling remediation. While we believe we are currently fully accrued for known environmental issues, it is possible that unexpected future costs could have a significant impact on our financial position, results of operation, and cash flows.
Our total accruals for environmental remediation were approximately $19.5 million at March 31, 2013 and $19.7 million at December 31, 2012. In addition to the accruals for environmental remediation, we also have accruals for dismantling and decommissioning costs of $500 thousand at both March 31, 2013 and December 31, 2012.
Letters of Credit and Guarantees
We have agreements with several financial institutions that provide guarantees for certain business activities of our subsidiaries, including performance, insurance, credit, lease, and customs and excise guarantees. The parent company provides guarantees of the subsidiaries' performance under these agreements and also provides a guarantee for repayment of lines of credit for subsidiaries in China and India. Guarantees outstanding under all of these agreements at March 31, 2013 are $14 million. At March 31, 2013, $3.1 million of these guarantees are secured by letters of credit, all of which were issued under the $100 million letter of credit sub-facility of our revolving credit facility. See Note 7 for further information. The letters of credit relate to insurance and performance guarantees. The maximum potential amount of future payments under all other guarantees not secured by letters of credit at March 31, 2013 is $21 million. We have no liability accrued for these guarantees, however there is $5.2 million drawn on lines of credit in China and India, which is recorded in Long-term debt, current portion on the Consolidated Balance Sheets. See Note 7 for further information. We accrue for potential liabilities when a future payment is probable and the range of loss can be reasonably estimated.
Expiration dates of the letters of credit and certain guarantees range from 2013 to 2021. Some of the guarantees have no expiration date. We renew letters of credit as necessary.