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Note 9 - Commitments and Contingencies | 9 Months Ended
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Sep. 30, 2020
Notes to Financial Statements |
Commitments and Contingencies Disclosure [Text Block] | 9. Commitments and Contingencies Construction and Other Purchase Commitments At September 30, 2020 OTP had commitments under contracts, including its share of construction program commitments and other commitments, extending into 2022 of approximately $58 million. At December 31, 2019 OTP had commitments under contracts, including its share of construction program commitments and other nonlease commitments, extending into 2021 of approximately $317 million. On October 1, 2019 T.O. Plastics entered into a six-year resin supply agreement that commenced on January 1, 2020. Under the resin supply agreement, there are no minimum purchase requirements, but T.O. Plastics is required to purchase all of a specified class of regrind resin delivered by the supplier at a set price per pound. Based on current forecasted production levels, T.O. Plastics anticipates the quantity of resin delivered under the supply agreement will not exceed its requirements over the six-year term of the supply agreement or exceed the market cost of alternative sources of the resin. T.O. Plastics estimates it will pay the supplier approximately $1.9 million annually under this agreement. Electric Utility Capacity and Energy Requirements and Coal Purchase and Delivery Contracts OTP has commitments for the purchase of capacity and energy requirements under agreements extending into 2043. OTP also has contracts providing for the purchase and delivery of a significant portion of its current coal requirements. OTP’s current coal purchase agreements for Coyote Station expire at the end of 2040. OTP has agreements with Peabody COALSALES, LLC (Peabody) for the purchase of subbituminous coal for Big Stone Plant’s coal requirements through December 31, 2022. There are no fixed minimum purchase requirements under these agreements but all of Big Stone Plant’s coal requirements for the period covered must be purchased exclusively from Peabody. OTP has an all-requirements agreement with Navajo Transitional Energy Co. for the purchase of subbituminous coal for Hoot Lake Plant through December 31, 2023, with no fixed minimum purchase requirement. OTP plans to discontinue generation at Hoot Lake Plant in May 2021. OTP Land Easements OTP has commitments to make future payments for land easements not classified as leases, extending into 2034 of approximately $9.7 million. Transmission Obligation In September 2020, in connection with Merricourt and in accordance with the Merricourt amended and restated generator interconnection agreement, OTP entered into a 20-year Facilities Service Agreement (FSA) with an owner of adjacent transmission assets to pay for upgrades and additions to the owner’s transmission facilities required to accommodate the transmission of electricity generated by Merricourt’s wind turbines. OTP estimates it will pay approximately $675,000 annually through October 2040 under the FSA. The annual payment requirements are subject to adjustments for changes in income tax rates, rates of return on assets and other variable factors included in the MISO tariff. Contingencies OTP had a $2.8 million refund liability on its balance sheet as of September 30, 2020. This represents its best estimate of the refund obligations that would arise net of amounts that would be subject to recovery under state jurisdictional TCR riders. This is based on the outcome of the appeals of the FERC ruling reducing the ROE component of the MISO Tariff and ordering MISO to refund amounts charged in excess of the lower rate. As discussed in note 3 in greater detail, OTP believes its estimated accrued refund liability is appropriate based on the current facts and circumstances and is awaiting results of the appeal before determining if a change in this estimate will be needed. Contingencies, by their nature, relate to uncertainties that require the Company’s management to exercise judgment both in assessing the likelihood a liability has been incurred as well as in estimating the amount of potential loss. In addition to the potential ROE refund described above, the most significant contingencies that could impact the Company’s consolidated financial statements are those related to environmental remediation, risks associated with warranty claims relating to divested businesses that could exceed established reserve amounts, risks associated with adverse regulatory decisions that could impact the recovery of fixed asset costs in future rates and litigation matters. On July 30, 2020 the MPUC ordered a reduction in the remaining depreciable lives of OTP’s Hoot Lake Plant and seven hydroelectric plants. The MPUC stipulated recoverability of the resulting increase in depreciation expense, which we estimate will be approximately $1.4 million on an annual basis, would be determined in OTP’s next rate case. Based on the relevant facts and circumstances, OTP has concluded the additional depreciation expense is probable of recovery and has recognized a regulatory asset for the amount of incremental expense recognized in 2020. State implementation of pollution control plans to improve visibility and air quality at national parks under the EPA’s Regional Haze Rule (RHR) could require OTP to incur significant new costs, which could, dependent on determinations by state regulatory commissions on approval to recover such costs from customers, negatively impact OTP’s and the Company’s net income, financial position and cash flows. The North Dakota Department of Environmental Quality (NDDEQ) must submit a state implementation plan to the EPA by July 2021. While this process is still in the early stages, if the NDDEQ and/or the EPA requires sources subject to RHR Round 2 reasonable progress determinations, including Coyote Station, to undertake emissions control measures that are reasonably consistent with those required of sources during Round 1, OTP anticipates that significant emissions controls would be required at Coyote Station by December 31, 2028. In light of the costs for emissions control equipment, there are scenarios where it may not be economically feasible to invest in such equipment and an early retirement of the Coyote Station would therefore be necessary. The costs related to an early retirement of Coyote Station would be material to OTP and the Company and would be subject to state commission approval for recovery from customers. In October 2020, during testing and commissioning of Merricourt, a defect in a turbine blade was identified. The Company is investigating the defect along with additional blades to determine if other blades have similar defects. Depending on the extent of the defect and repair and replacement alternatives, the date of commercial operation of the project, or a portion thereof, may be delayed beyond December 2020. The cost of the project could also be impacted, but the risk of loss on assets of the project only transfers to Otter Tail Power Company at commercial operation. Considering this along with the commercial and contractual provisions in place, the Company does not anticipate this issue will have a material financial impact on the Company. Other The Company is a party to litigation and regulatory enforcement matters arising in the normal course of business. The Company regularly analyzes current information and, as necessary, provides accruals for liabilities that are probable of occurring and that can be reasonably estimated. The Company believes the effect on its consolidated results of operations, financial position and cash flows, if any, for the disposition of all matters pending as of September 30, 2020, other than those relating to the RHR, will not be material.

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