Notes to Condensed Consolidated Financial Statements
(unaudited)
Note 1. Background and Nature of Operations
Avangrid, Inc. (Avangrid, we or the Company) is an energy services holding company engaged in the regulated energy transmission and distribution business through its principal subsidiary, Avangrid Networks, Inc. (Networks), and in the renewable energy generation business through its principal subsidiary, Avangrid Renewables Holding, Inc. (ARHI). ARHI in turn holds subsidiaries including Avangrid Renewables, LLC (Renewables). Iberdrola, S.A. (Iberdrola), a corporation organized under the laws of the Kingdom of Spain, owns 81.6% of the outstanding common stock of Avangrid. The remaining outstanding shares are owned by various shareholders, with approximately 14.7% of Avangrid's outstanding shares publicly-traded on the New York Stock Exchange (NYSE).
Non-binding proposal from Iberdrola
On March 6, 2024, the Unaffiliated Committee (Committee) of the Board of Directors of Avangrid received a non-binding proposal from Iberdrola to acquire all of the issued and outstanding shares of common stock not owned by Iberdrola or its affiliates for $34.25 in cash per share. The Committee will review, evaluate, negotiate, and approve or disapprove the proposal, advised by independent legal and financial advisers, as well as any other alternative proposals or other strategic alternatives that may be available to Avangrid. No decision has yet been made with respect to Avangrid’s response to the proposal or any alternatives thereto and there can be no assurance that any definitive offer will be made, that any agreement will be executed or that the transaction proposed in the proposal or any other transaction will be approved or completed. The consummation of the proposed transaction is conditioned upon the approval of the proposed transaction by the Committee and by the shareholders of Avangrid that hold in the aggregate a majority of the outstanding shares of common stock that are not held by Iberdrola and its affiliates.
Note 2. Basis of Presentation
The accompanying condensed consolidated financial statements should be read in conjunction with the Form 10-K for the fiscal year ended December 31, 2023.
The accompanying unaudited financial statements are prepared on a consolidated basis and include the accounts of Avangrid and its consolidated subsidiaries, Networks and ARHI. All intercompany transactions and accounts have been eliminated in consolidation. The year-end balance sheet data was derived from audited financial statements. The unaudited condensed consolidated financial statements for the interim periods have been prepared in accordance with accounting principles generally accepted in the United States of America (U.S. GAAP) for interim financial information and with the instructions to Form 10-Q and Article 10 of Regulation S-X. Accordingly, the interim condensed consolidated financial statements do not include all the information and note disclosures required by U.S. GAAP for complete financial statements.
In the opinion of management, the accompanying condensed consolidated financial statements contain all adjustments necessary to present fairly our condensed consolidated financial statements for the interim periods described herein. All such adjustments are of a normal and recurring nature, except as otherwise disclosed. The results for the three months ended March 31, 2024, are not necessarily indicative of the results for the entire fiscal year ending December 31, 2024.
Note 3. Significant Accounting Policies and New Accounting Pronouncements
The new accounting pronouncements we have adopted as of January 1, 2024, and reflected in our condensed consolidated financial statements are described below. There have been no other material changes to the significant accounting policies described in our Form 10-K for the fiscal year ended December 31, 2023, except for those described below resulting from the adoption of new authoritative accounting guidance issued by the Financial Accounting Standards Board (FASB).
Adoption of New Accounting Pronouncements
(a) Improvements to Reportable Segment Disclosures
In November 2023, the FASB issued guidance requiring incremental disclosures for reportable segments. These incremental requirements include disclosing significant expenses that are regularly provided to the chief operating decision maker (CODM) and other segment items, including a description of its composition. The other segment items category is the difference between segment revenue less the significant segment expenses, and each reported measure of segment profit or loss. The guidance clarifies that if the CODM reviews multiple measures of a segments total profit or loss, that the entity may under certain conditions report multiple measures in the segment footnote; however, if only one measure is reported, it should be the one that
best conforms with U.S. GAAP. The guidance requires disclosure of the title and position of the individual or the name of the group identified as the CODM. Finally, all annual disclosures are required in interim reporting starting in the first quarter of 2025. As the guidance impacts disclosures only, it will not have an impact to the consolidated financial results. These changes in disclosures will initially be reflected in the annual financial statement footnotes for the year ended December 31, 2024.
Accounting Pronouncements Issued but Not Yet Adopted
The following are new significant accounting pronouncements not yet adopted, including those issued since December 31, 2023, that we have evaluated or are evaluating to determine their effect on our condensed consolidated financial statements.
(a) Improvements to Income Tax Disclosures
In December 2023, the FASB issued guidance to enhance income tax disclosures. The standard is required to be adopted by public business entities for annual periods beginning after December 15, 2024. Early adoption is permitted. The two primary enhancements relate to disaggregation of the annual effective tax rate reconciliation and income taxes paid disclosures. For the rate reconciliation, it requires additional disaggregation of information in a tabular format using both percentages and amounts broken out into specific categories (e.g., state and local income tax net of federal income tax effect, foreign tax effects, effect of changes in tax laws, tax credits, changes in valuation allowances, nontaxable or nondeductible items, and changes in unrecognized tax benefits). For income taxes paid, it requires disaggregation by jurisdiction (e.g., federal, state and foreign). We do not expect the new guidance to have a material impact on our consolidated results of operations, financial position and cash flows.
Note 4. Revenue
We recognize revenue when we have satisfied our obligations under the terms of a contract with a customer, which generally occurs when the control of promised goods or services transfers to the customer. We measure revenue as the amount of consideration we expect to receive in exchange for providing those goods or services. Contracts with customers may include multiple performance obligations. For such contracts, we allocate revenue to each performance obligation based on its relative standalone selling price. We generally determine standalone selling prices based on the prices charged to customers. Certain revenues are not within the scope of the FASB issued ASC Topic 606, Revenue from Contracts with Customers (ASC 606), such as revenues from leasing, derivatives, other revenues that are not from contracts with customers and other contractual rights or obligations, and we account for such revenues in accordance with the applicable accounting standards. We exclude from revenue amounts collected on behalf of third parties, including any such taxes collected from customers and remitted to governmental authorities. We do not have any significant payment terms that are material because we receive payment at or shortly after the point of sale.
The following describes the principal activities, by reportable segment, from which we generate revenue. For more detailed information about our reportable segments, refer to Note 13.
Networks Segment
Networks derives its revenue primarily from tariff-based sales of electricity and natural gas service to customers in New York, Connecticut, Maine and Massachusetts with no defined contractual term. For such revenues, we recognize revenues in an amount derived from the commodities delivered to customers. Other major sources of revenue are electricity transmission and wholesale sales of electricity and natural gas.
Tariff-based sales are subject to the corresponding state regulatory authorities, which determine prices and other terms of service through the ratemaking process. The applicable tariffs are based on the cost of providing service. The utilities’ approved base rates are designed to recover their allowable operating costs, including energy costs, finance costs, and the costs of equity, the last of which reflect our capital ratio and a reasonable return on equity. We traditionally invoice our customers by applying approved base rates to usage. Maine state law prohibits the utility from providing the electricity commodity to customers. In New York, Connecticut and Massachusetts, customers have the option to obtain the electricity or natural gas commodity directly from the utility or from another supplier. For customers that receive their commodity from another supplier, the utility acts as an agent and delivers the electricity or natural gas provided by that supplier. Revenue in those cases is only for providing the service of delivery of the commodity. Networks entities calculate revenue earned but not yet billed based on the number of days not billed in the month, the estimated amount of energy delivered during those days and the estimated average price per customer class for that month. Differences between actual and estimated unbilled revenue are immaterial.
Transmission revenue results from others’ use of the utility’s transmission system to transmit electricity and is subject to FERC regulation, which establishes the prices and other terms of service. Long-term wholesale sales of electricity are based on individual bilateral contracts. Short-term wholesale sales of electricity are generally on a daily basis based on market prices and are administered by the Independent System Operator-New England (ISO-NE) and the New York Independent System
Operator (NYISO) or PJM Interconnection, L.L.C. (PJM), as applicable. Wholesale sales of natural gas are generally short-term based on market prices through contracts with the specific customer.
The performance obligation in all arrangements is satisfied over time because the customer simultaneously receives and consumes the benefits as Networks delivers or sells the electricity or natural gas or provides the delivery or transmission service. We record revenue for all of such sales based upon the regulatory-approved tariff and the volume delivered or transmitted, which corresponds to the amount that we have a right to invoice. There are no material initial incremental costs of obtaining a contract in any of the arrangements. Networks does not adjust the promised consideration for the effects of a significant financing component if it expects, at contract inception, that the time between the delivery of promised goods or service and customer payment will be one year or less. For its New York and Connecticut utilities, Networks assesses its DPAs at each balance sheet date for the existence of significant financing components, but has had no material adjustments as a result.
Certain Networks entities record revenue from Alternative Revenue Programs (ARPs), which is not ASC 606 revenue. Such programs represent contracts between the utilities and their regulators. The Networks ARPs include revenue decoupling mechanisms (RDMs), other ratemaking mechanisms, annual revenue requirement reconciliations and other demand side management programs. The Networks entities recognize and record only the initial recognition of “originating” ARP revenues (when the regulatory-specified conditions for recognition have been met). When they subsequently include those amounts in the price of utility service billed to customers, they record such amounts as a recovery of the associated regulatory asset or liability. When they owe amounts to customers in connection with ARPs, they evaluate those amounts on a quarterly basis and include them in the price of utility service billed to customers and do not reduce ARP revenues.
Networks also has various other sources of revenue including billing, collection, other administrative charges, sundry billings, rent of utility property and miscellaneous revenue. It classifies such revenues as other ASC 606 revenues to the extent they are not related to revenue generating activities from leasing, derivatives or ARPs.
Renewables Segment
Renewables derives its revenue primarily from the sale of energy, transmission, capacity and other related charges from its renewable wind, solar and thermal energy generating sources. For such revenues, we will recognize revenues in an amount derived from the commodities delivered and from services as they are made available. Renewables has bundled power purchase agreements consisting of electric energy, transmission, capacity and/or renewable energy credits (RECs). The related contracts are generally long-term with no stated contract amount, that is, the customer is entitled to all or a percentage of the unit’s output. Renewables also has unbundled sales of electric energy and capacity, RECs and natural gas, which are generally for periods of less than a year. The performance obligations in substantially all of both bundled and unbundled arrangements for electricity and natural gas are satisfied over time, for which we record revenue based on the amount invoiced to the customer for the actual energy delivered. The performance obligation for stand-alone RECs is satisfied at a point in time, for which we record revenue when the performance obligation is satisfied upon delivery of the REC. There are no significant financing elements in any of the arrangements. We recognize an asset for incremental costs of obtaining a contract with a customer when we expect the benefit of those costs to be longer than one year.
Renewables classifies certain contracts for the sale of electricity as derivatives, in accordance with the applicable accounting standards. Renewables also has revenue from its energy trading operations, which it generally classifies as derivative revenue. However, trading contracts not classified as derivatives are within the scope of ASC 606, with the performance obligation of the delivery of energy (electricity, natural gas) and settlement of the contracts satisfied at a point in time at which time we recognize the revenue. Renewables also has other ASC 606 revenue, which we recognize based on the amount invoiced to the customer.
Certain customers may receive cash credits, which we account for as variable consideration. Renewables estimates those amounts based on the expected amount to be provided to customers and reduces revenues recognized. We believe that there will not be significant changes to our estimates of variable consideration.
Other
Other, which does not represent a segment, includes miscellaneous Corporate revenues and intersegment eliminations.
Contract Assets and Liabilities
We have contract assets for costs from development success fees and construction delays, which were paid during solar farm assets development period. The contract assets are amortized ratably into expense over the 16 - 21 year life of the respective power purchase agreements (PPAs). Contract assets totaled $19 million and $9 million at March 31, 2024 and December 31, 2023, respectively, and are presented in "Other non-current assets" on our condensed consolidated balance sheets.
We have contract liabilities for revenue from transmission congestion contract (TCC) auctions, for which we receive payment at the beginning of an auction period, and amortize ratably each month into revenue over the applicable auction period. The auction periods range from six months to two years. TCC contract liabilities totaled $9 million and $18 million at March 31, 2024 and December 31, 2023, respectively, and are presented in "Other current liabilities" on our condensed consolidated balance sheets. We recognized $9 million and $17 million as revenue related to contract liabilities for the three months ended March 31, 2024 and 2023, respectively.
We apply a practical expedient to expense as incurred costs to obtain a contract when the amortization period is one year or less. We record costs incurred to obtain a contract within operating expenses, including amortization of capitalized costs.
Revenues disaggregated by major source for our reportable segments for the three months ended March 31, 2024 and 2023 are as follows:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | Three Months Ended March 31, 2024 |
| | | | | | | | | | Networks | | Renewables | | Other (b) | | Total |
(Millions) | | | | | | | | | | | | | | | | |
Regulated operations – electricity | | | | | | | | | | $ | 1,350 | | | $ | — | | | $ | — | | | $ | 1,350 | |
Regulated operations – natural gas | | | | | | | | | | 592 | | | — | | | — | | | 592 | |
Nonregulated operations – wind | | | | | | | | | | — | | | 224 | | | — | | | 224 | |
Nonregulated operations – solar | | | | | | | | | | — | | | 7 | | | — | | | 7 | |
Nonregulated operations – thermal | | | | | | | | | | — | | | 91 | | | — | | | 91 | |
Other(a) | | | | | | | | | | 20 | | | (13) | | | (1) | | | 6 | |
Revenue from contracts with customers | | | | | | | | | | 1,962 | | | 309 | | | (1) | | | 2,270 | |
Leasing revenue | | | | | | | | | | 2 | | | — | | | — | | | 2 | |
Derivative gains | | | | | | | | | | — | | | 87 | | | — | | | 87 | |
Alternative revenue programs | | | | | | | | | | 43 | | | — | | | — | | | 43 | |
Other revenue | | | | | | | | | | 11 | | | 4 | | | — | | | 15 | |
Total operating revenues | | | | | | | | | | $ | 2,018 | | | $ | 400 | | | $ | (1) | | | $ | 2,417 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Three Months Ended March 31, 2023 | |
| | Networks | | Renewables | | Other (b) | | Total | | | | | | | |
(Millions) | | | | | | | | | | | | | | | |
Regulated operations – electricity | | $ | 1,308 | | | $ | — | | | $ | — | | | $ | 1,308 | | | | | | | | |
Regulated operations – natural gas | | 722 | | | — | | | — | | | 722 | | | | | | | | |
Nonregulated operations – wind | | — | | | 216 | | | — | | | 216 | | | | | | | | |
Nonregulated operations – solar | | — | | | 4 | | | — | | | 4 | | | | | | | | |
Nonregulated operations – thermal | | — | | | 55 | | | — | | | 55 | | | | | | | | |
Other(a) | | (3) | | | (13) | | | — | | | (16) | | | | | | | | |
Revenue from contracts with customers | | 2,027 | | | 262 | | | — | | | 2,289 | | | | | | | | |
Leasing revenue | | 2 | | | — | | | — | | | 2 | | | | | | | | |
Derivative gains | | — | | | 122 | | | — | | | 122 | | | | | | | | |
Alternative revenue programs | | 37 | | | — | | | — | | | 37 | | | | | | | | |
Other revenue | | 10 | | | 6 | | | — | | | 16 | | | | | | | | |
Total operating revenues | | $ | 2,076 | | | $ | 390 | | | $ | — | | | $ | 2,466 | | | | | | | | |
(a) Primarily includes certain intra-month trading activities, billing, collection and administrative charges, sundry billings and other miscellaneous revenue.
(b) Does not represent a segment. Includes Corporate and intersegment eliminations.
As of March 31, 2024 and December 31, 2023, accounts receivable balances related to contracts with customers were approximately $1,529 million and $1,441 million, respectively, including $426 million of unbilled revenues as of both March 31, 2024 and December 31, 2023, which are included in “Accounts receivable and unbilled revenues, net” on our condensed consolidated balance sheets.
As of March 31, 2024, the aggregate amount of the transaction price allocated to performance obligations that are unsatisfied (or partially unsatisfied) were as follows:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
As of March 31, 2024 | | 2025 | | 2026 | | 2027 | | 2028 | | 2029 | | Thereafter | | Total |
(Millions) | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | |
Revenue expected to be recognized on multiyear capacity and carbon-free energy sale contracts | | 30 | | | 10 | | | 7 | | | 5 | | | 5 | | | 49 | | | 106 | |
Revenue expected to be recognized on multiyear renewable energy credit sale contracts | | 72 | | | 48 | | | 26 | | | 3 | | | 1 | | | 1 | | | 151 | |
Total operating revenues | | $ | 102 | | | $ | 58 | | | $ | 33 | | | $ | 8 | | | $ | 6 | | | $ | 50 | | | $ | 257 | |
As of March 31, 2024, the aggregate amount of the transaction price allocated to performance obligations that are unsatisfied (or partially unsatisfied) for the remainder of 2024 was $116 million.
We do not disclose information about remaining performance obligations for contracts for which we recognize revenue in the amount to which we have the right to invoice (e.g., usage-based pricing terms).
Note 5. Regulatory Assets and Liabilities
Pursuant to the requirements concerning accounting for regulated operations, our utilities capitalize as regulatory assets incurred and accrued costs that are probable of recovery in future electric and natural gas rates. We base our assessment of whether recovery is probable on the existence of regulatory orders that allow for recovery of certain costs over a specific period, or allow for reconciliation or deferral of certain costs. When costs are not treated in a specific regulatory order, we use regulatory precedent to determine if recovery is probable. Our operating utilities also record, as regulatory liabilities, obligations to refund previously collected revenue or to spend revenue collected from customers on future costs. The primary items that are not included in rate base or accruing carrying costs are regulatory assets for qualified pension and other postretirement benefits, which reflect unrecognized actuarial gains and losses; debt premium; environmental remediation costs, which are primarily the offset of accrued liabilities for future spending; unfunded future income taxes, which are the offset to the unfunded future deferred income tax liability recorded; asset retirement obligations; hedge losses; and contracts for differences. As of March 31, 2024, the total net amount of these items is approximately $1,157 million.
CMP Distribution Rate Case
On August 11, 2022, CMP filed a three-year rate plan, with adjustments to the distribution revenue requirement in each year. On June 6, 2023, the MPUC approved a Stipulation resolving all issues in the case providing for a 9.35% ROE, 50% equity ratio, and 50% earnings sharing for annual earnings in excess of 100 basis points of CMP’s allowed ROE. The Stipulation also provides for a two-year forward looking rate plan with increases to occur in four equal levelized amounts every six months beginning on July 1, 2023. An increase occurred on January 1, 2023. The next two increases will occur on July 1, 2024, and January 1, 2025. The amount of each increase is $16.75 million. These revenue increases include amounts for operations and maintenance but are primarily driven by increases in capital investment forecast by CMP to occur during the period covered by the Stipulation. The Stipulation also imposes a service quality indicator incentive mechanism on CMP. The incentive is provided by a penalty mechanism that would impose a maximum of $8.8 million per year for a failure to meet specified service quality indicator targets.
NYSEG and RG&E Rate Plans
On June 14, 2023, NYSEG and RG&E filed a Joint Proposal (2023 JP) settlement for a three-year rate plan with the NYPSC. For purposes of the 2023 JP, the three rate years are defined as the 12 months ending April 30, 2024 (New York Rate Year 1); April 30, 2025 (New York Rate Year 2); and April 30, 2026 (New York Rate Year 3); respectively. On October 12, 2023, the NYPSC approved the 2023 JP, commencing May 1, 2023 and continuing through April 30, 2026. The effective date of new tariffs was November 1, 2023 with a make-whole provision back to May 1, 2023.
The 2023 JP, as approved, includes levelization across the three years of the rate plan for delivery rates for NYSEG's and RG&E’s Electric and Gas businesses with an allowed rate of return on common equity for NYSEG Electric, NYSEG Gas, RG&E Electric and RG&E Gas of 9.20%. The common equity ratio for each business is 48.00%.
The 2023 JP also includes Earnings Sharing Mechanism (ESM) applicable to each business varies based on the earned ROE with 100% of the customers’ portion of earnings above the sharing threshold that would otherwise be deferred for the benefit of customers will be used to reduce NYSEG's and RG&E’s respective outstanding regulatory asset deferral balances. In addition,
50% of NYSEG's and RG&E’s portion will be used to reduce their respective outstanding storm-related regulatory asset deferral balances to the extent such balances exist.
The 2023 JP further enhances distribution vegetation management, maintains gas safety performance measures, establishes threshold performance levels for designated aspects of customer service quality, and includes three Electric Reliability Performance Measures (SAIFI, CAIDI, and Distribution Line Inspection Program Metric for Level II Deficiencies) with a negative revenue adjustment (NRA) beginning with calendar year 2023, if NYSEG fails to meet its annual SAIFI performance metric.
NYSEG and RG&E will continue a RAM to return or collect the remaining Customer Bill Credits established in the prior rate plan and will continue an Electric Revenue Decoupling Mechanism on a total revenue per class basis.
The 2023 JP reflects the recovery of deferred NYSEG Electric and RG&E Electric Major Storm costs of approximately $371 million and $54.6 million, respectively. NYSEG’s remaining super storm regulatory asset of $52.3 million and the non-super storm regulatory asset of $96.6 million from the 2020 Joint Proposal are being amortized over seven years. RG&E’s remaining non-super storm regulatory asset of $19.6 million established prior to the 2020 Joint Proposal is being amortized over two years. All other deferred storm costs at both NYSEG and RG&E are being amortized over 10 years. The 2023 JP gradually increases NYSEG’s and RG&E’s Major Storm rate allowances over the term of the 2023 JP to better align NYSEG’s and RG&E’s actual Major Storm costs with such rate allowances and to support NYSEG’s and RG&E’s credit metrics.
The 2023 JP contains provisions consistent with, supportive of, and in furtherance of the objectives of the Climate Leadership and Community Protection Act (CLCPA) including provisions that will, among other things, increase funding for energy efficiency programs, enhance the electric system in anticipation of increased electrification and increase funding for electric heat pump programs, provide funding for improved electric and gas reliability and resiliency, encourage non-pipe and non-wire alternatives, and replace leak prone pipe. The 2023 JP also includes support for $634 million of capital investment for CLCPA Phase 1 investments projected to be placed in-service beyond the three-year rate plan.
New York CLCPA
On February 16, 2023, the NYPSC issued an order to authorize transmission upgrades solely to support new renewable generation sources pursuant to the implementation of the Accelerated Renewable Growth and Community Benefit Act as part of the CLCPA Phase 2. The order approves an estimated $4.4 billion in transmission upgrades proposed by upstate utilities to help integrate 3,500 MW of clean energy capacity into the grid, of which NYSEG and RG&E are approved for estimated upgrade costs of $2.2 billion, including participation with other upstate utilities on certain projects. On October 17, 2023, NYSEG and RG&E filed a petition requesting approval from the NYPSC to seek authorization from the Federal Energy Regulatory Commission (FERC), to utilize 100 percent construction work in progress (CWIP), in rate base for the local transmission upgrades under the CLCPA Phase 2. On April 18, 2024, the NYPSC approved the petition to allow NYSEG and RG&E to seek FERC approval along with adding other related reporting requirements.
UI, CNG, SCG and BGC Rate Plans
Under Connecticut law, The United Illuminating Company’s (UI) retail electricity customers are able to choose their electricity supplier while UI remains their electric distribution company. UI purchases power for those of its customers under standard service rates who do not choose a retail electric supplier and have a maximum demand of less than 500 kilowatts and its customers under supplier of last resort service for those who are not eligible for standard service and who do not choose to purchase electric generation service from a retail electric supplier. The cost of the power is a “pass-through” to those customers through the Generation Service Charge on their bills.
UI has wholesale power supply agreements in place for its entire standard service load for the first half of 2024 and 50% of the second half of 2024. Supplier of last resort service is procured on a quarterly basis and UI has a wholesale power supply agreement in place for the first quarter of 2024.
On September 9, 2022, UI filed a distribution revenue requirement case proposing a three-year rate plan commencing September 1, 2023 through August 31, 2026. The filing was based on a test year ending December 31, 2021, for the rate years beginning September 1, 2023 (UI Rate Year 1), September 1, 2024 (UI Rate Year 2), and September 1, 2025 (UI Rate Year 3). On August 25, 2023, PURA issued its Final Decision provided for a one-year rate plan commencing on September 1, 2023, providing for a rate increase of $23 million based on an allowed ROE of 9.1% that was reduced to 8.63% by certain adjustments. The Final Decision established a capital structure consisting of 50% common equity and 50% debt. The Final Decision results in an average increase in base distribution rates of about 6.6% and an average increase in customer bills of about 2% compared to current levels. On September 18, 2023, UI filed an appeal of the PURA's Final Decision in Connecticut Superior Court, because of factual and legal errors related to the treatment of deferred assets, plant in service, and operating expenses. We cannot predict the outcome of this matter.
In 2017, PURA approved new tariffs for SCG effective January 1, 2018 for a three-year rate plan with annual rate increases. The new tariffs also include an RDM and Distribution Integrity Management Program (DIMP) mechanism, ESM, the amortization of certain regulatory liabilities (most notably accumulated hardship deferral balances and certain accumulated deferred income taxes) and tariff increases based on an ROE of 9.25% and an approximately 52.00% equity ratio. Any dollars due to customers from the ESM are be first applied against any environmental regulatory asset balance as defined in the settlement agreement (if one exists at that time) or refunded to customers through a bill credit if such environmental regulatory asset balance does not exist.
In 2018, PURA approved new tariffs for CNG effective January 1, 2019 for a three-year rate plan with annual rate increases. The new tariffs continued the RDM and DIMP mechanism. ESM and tariff increases are based on an ROE of 9.30% and an equity ratio of 54.00% in 2019, 54.50% in 2020 and 55.00% in 2021.
On November 3, 2023, CNG and SCG filed a distribution revenue requirement case proposing a one-year rate plan commencing November 1, 2024 through October 31, 2025, for each company respectively. CNG requested that PURA approve new distribution rates to recover an increase in revenue requirements of approximately $19.8 million, and SCG requested approval of new distribution rates to recover an increase in revenue requirements of approximately $40.6 million. CNG’s and SCG’s rate plans also included several measures to moderate the impact of the proposed rate update for all customers, including, the adoption of a low-income discount rate and seeks to maintain its current revenue decoupling and earning sharing mechanisms. Evidentiary hearings commenced on April 22, 2024. We cannot predict the outcome of this matter.
On June 24, 2022, BGC filed a Settlement Agreement with the Massachusetts Attorney General’s Office (AGO) for DPU approval negotiated between BGC and the AGO in lieu of a fully litigated rate case before the DPU. The Settlement Agreement allowed for agreed-upon adjustments to BGC’s revenue requirement as well as various step increases BGC shall be entitled to on January 1, 2023 and January 1, 2024. It provided for the opportunity to increase BGC’s revenue requirement by as much as $5.6 million over current rates (reflective of a 9.70% ROE and a 54.00% equity ratio as well as other stepped adjustments) through January 1, 2024. The Settlement Agreement was approved in its entirety by the DPU on October 27, 2022, and new rates went into effect January 1, 2023.
Connecticut Energy Legislation
On October 7, 2020, the Governor of Connecticut signed into law an energy bill that, among other things, instructs PURA to revise the rate-making structure in Connecticut to adopt performance-based rates for each electric distribution company, increases the maximum civil penalties assessable for failures in emergency preparedness, and provides for certain penalties and reimbursements to customers after storm outages greater than 96 hours and extends rate case timelines.
Pursuant to the legislation, PURA opened a docket to consider the implementation of the associated customer compensation and reimbursement provisions in emergency events where customers were without power for more than 96 consecutive hours. On June 30, 2021, PURA issued a final decision implementing the legislative mandate to create a program pursuant to which residential customers will receive $25 for each day without power after 96 hours and also receive reimbursement of $250 for spoiled food and medicine. The decision emphasizes that no costs incurred in connection with this program are recoverable from customers. On June 29, 2023 the Governor of Connecticut signed SB7 into law, which included language that Level 1 storm events were exempt from the waiver. We will continue to review the requirements of the program for the next legislative session.
PURA Investigation of the Preparation for and Response to the Tropical Storm Isaias and Connecticut Storm Reimbursement Legislation
On August 6, 2020, PURA opened a docket to investigate the preparation for and response to Tropical Storm Isaias by the electric distribution companies in Connecticut including UI. Following hearings and the submission of testimony, PURA issued a final decision on April 15, 2021, finding that UI “generally met standards of acceptable performance in its preparation and response to Tropical Storm Isaias," subject to certain exceptions noted in the decision, but ordered a 15-basis point reduction to UI's ROE in its next rate case to incentivize better performance and indicated that penalties could be forthcoming in the penalty phase of the proceedings. On June 11, 2021, UI filed an appeal of PURA’s decision with the Connecticut Superior Court.
On May 6, 2021, in connection with its findings in the Tropical Storm Isaias docket, PURA issued a Notice of Violation to UI for allegedly failing to comply with standards of acceptable performance in emergency preparation or restoration of service in an emergency and with orders of the Authority, and for violations of accident reporting requirements. PURA assessed a civil penalty in the total amount of approximately $2 million. PURA held a hearing on this matter and, in an order dated July 14, 2021, reduced the civil penalty to approximately $1 million. UI filed an appeal of PURA’s decision with the Connecticut Superior Court. This appeal and the appeal of PURA’s decision on the Tropical Storm Isaias docket have been consolidated. Following oral arguments in October 2022, the court denied UI’s appeal and affirmed PURA’s decisions in their entirety. UI
filed a notice of appeal to Connecticut's Appellate court on November 7, 2022. This matter has been briefed and oral argument was held December 11, 2023. We cannot predict the outcome of this proceeding.
Regulatory Assets and Liabilities
The regulatory assets and regulatory liabilities shown in the tables below result from various regulatory orders that allow for the deferral and/or reconciliation of specific costs. Regulatory assets and regulatory liabilities are classified as current when recovery or refund in the coming year is allowed or required through a specific order or when the rates related to a specific regulatory asset or regulatory liability are subject to automatic annual adjustment.
Regulatory assets as of March 31, 2024 and December 31, 2023, respectively, consisted of:
| | | | | | | | | | | | | | |
| | March 31, | | December 31, |
As of | | 2024 | | 2023 |
(Millions) | | | | |
Pension and other post-retirement benefits | | $ | 439 | | | $ | 445 | |
Pension and other post-retirement benefits cost deferrals | | 57 | | | 58 | |
Storm costs | | 1,052 | | | 868 | |
Rate adjustment mechanism | | 42 | | | 24 | |
Revenue decoupling mechanism | | 101 | | | 86 | |
Contracts for differences | | 33 | | | 38 | |
Hardship programs | | 25 | | | 23 | |
Deferred purchased gas | | 6 | | | 16 | |
Environmental remediation costs | | 244 | | | 240 | |
Debt premium | | 57 | | | 58 | |
Unamortized losses on reacquired debt | | 17 | | | 17 | |
Unfunded future income taxes | | 601 | | | 578 | |
Federal tax depreciation normalization adjustment | | 129 | | | 130 | |
Asset retirement obligation | | 20 | | | 19 | |
Deferred meter replacement costs | | 60 | | | 59 | |
COVID-19 cost recovery and late payment surcharge | | 11 | | | 12 | |
Low income arrears forgiveness | | 49 | | | 55 | |
Excess generation service charge | | 86 | | | 52 | |
System Expansion | | 19 | | | 22 | |
Non-bypassable charge | | 124 | | | 103 | |
Hedges losses | | 13 | | | 34 | |
Rate change levelization | | 83 | | | 60 | |
Value of distributed energy resources | | 44 | | | 49 | |
Uncollectible reserve | | 114 | | | 104 | |
New York make-whole provision | | 84 | | | 96 | |
Other | | 296 | | | 283 | |
Total regulatory assets | | 3,806 | | | 3,529 | |
Less: current portion | | 745 | | | 718 | |
Total non-current regulatory assets | | $ | 3,061 | | | $ | 2,811 | |
“Pension and other post-retirement benefits” represent the actuarial losses on the pension and other post-retirement plans that will be reflected in customer rates when they are amortized and recognized in future pension expenses.
“Pension and other post-retirement benefits cost deferrals” include the difference between actual expense for pension and other post-retirement benefits and the amount provided for in rates for certain of our regulated utilities. A portion of this balance is amortized through current rates, the remaining portion will be refunded in future periods through future rate cases.
“Storm costs” for CMP, NYSEG, RG&E and UI are allowed in rates based on an estimate of the routine costs of service restoration. The companies are also allowed to defer unusually high levels of service restoration costs resulting from major
storms when they meet certain criteria for severity and duration. A portion of this balance is amortized through current rates, and the remaining portion will be determined through future rate cases.
“Rate adjustment mechanism” represents an interim rate change to return or collect certain defined reconciled revenues and costs for NYSEG and RG&E following the approval of the Joint Proposal by the NYPSC. The RAM, when triggered, is implemented in rates on July 1 of each year for return or collection over a twelve-month period.
"Revenue decoupling mechanism" represents the mechanism established to disassociate the utility's profits from its delivery/commodity sales.
“Contracts for Differences” represent the deferral of unrealized gains and losses on contracts for differences derivative contracts. The balance fluctuates based upon quarterly market analysis performed on the related derivatives. The amounts, which do not earn a return, are fully offset by a corresponding derivative asset/liability.
“Hardship Programs” represent hardship customer accounts deferred for future recovery to the extent they exceed the amount in rates.
“Deferred Purchased Gas” represents the difference between actual gas costs and gas costs collected in rates.
“Environmental remediation costs” includes spending that has occurred and is eligible for future recovery in customer rates. Environmental costs are currently recovered through a reserve mechanism whereby projected spending is included in rates with any variance recorded as a regulatory asset or a regulatory liability. The amortization period will be established in future proceedings and will depend upon the timing of spending for the remediation costs. It also includes the anticipated future rate recovery of costs that are recorded as environmental liabilities since these will be recovered when incurred. Because no funds have yet been expended for the regulatory asset related to future spending, it does not accrue carrying costs and is not included within rate base.
“Debt premium” represents the regulatory asset recorded to offset the fair value adjustment to the regulatory component of the non-current debt of UIL at the acquisition date. This amount is being amortized to interest expense over the remaining term of the related outstanding debt instruments.
“Unamortized losses on reacquired debt” represent deferred losses on debt reacquisitions that will be recovered over the remaining original amortization period of the reacquired debt.
“Unfunded future income taxes” represent unrecovered federal and state income taxes primarily resulting from regulatory flow through accounting treatment and are the offset to the unfunded future deferred income tax liability recorded. The income tax benefits or charges for certain plant related timing differences, such as removal costs, are immediately flowed through to, or collected from, customers. This amount is being amortized as the amounts related to temporary differences that give rise to the deferrals are recovered in rates. These amounts are being collected over a period of 46 years, and the NYPSC staff has initiated an audit, as required, of the unfunded future income taxes and other tax assets to verify the balances.
“Federal tax depreciation normalization adjustment” represents the revenue requirement impact of the difference in the deferred income tax expense required to be recorded under the IRS normalization rules and the amount of deferred income tax expense that was included in cost of service for rate years covering 2011 forward. The recovery period in New York is from 25 to 35 years and for CMP 32.5 years beginning in 2020.
“Asset retirement obligations” represents the differences in timing of the recognition of costs associated with our AROs and the collection of such amounts through rates. This amount is being amortized at the related depreciation and accretion amounts of the underlying liability.
“Deferred meter replacement costs” represent the deferral of the book value of retired meters which were replaced or are planned to be replaced by AMI meters. This amount is being amortized over the initial depreciation period of related retired meters.
"COVID-19 cost recovery and late payment surcharge" represents: a) deferred COVID-19-related costs in the state of Connecticut based on the order issued by PURA on April 29, 2020, requiring utilities to track COVID-19-related expenses and lost revenue and create a regulatory asset, and b) deferred lost late payment revenue in the state of New York based on the order issued by the NYPSC on June 17, 2022, approving deferral and surcharge/sur-credit mechanism to recover/return deferred balances starting July 1, 2022.
“Low-income arrears forgiveness” represents deferred bill credits in the state of New York based on the order issued by the NYPSC on June 16, 2022, approving deferral of bill credits for low-income customers and recovery of regulatory asset from all customers over five years for RG&E and three years for NYSEG. Surcharge started August 1, 2022.
“Excess generation service charge” represents deferred generation-related costs or revenues for future recovery from or return to customers. The amount fluctuates based upon timing differences between revenues collected from rates and actual costs incurred.
“System expansion” represents expenses not covered by system expansion rates related to expanding the natural gas system and converting customers to natural gas.
“Non-bypassable charges” represent non-bypassable federally mandated congestion costs or revenues for future recovery from or return to customers. The amount fluctuates based upon timing differences between revenues collected from rates and actual costs incurred.
“Hedge losses” represents the deferred fair value losses on electric and gas hedge contracts.
“Rate change levelization" adjusts the New York delivery rate increases across the three-year plan to avoid unnecessary spikes and offsetting dips in customer rates. A portion of this balance is amortized through current rates, the remaining portion will be refunded in future periods through future rate cases.
“Value of distributed energy resources” represents the mechanism to compensate for energy created by distributed energy resources, such as solar.
“Uncollectible reserve” includes the anticipated future rate recovery of costs that are recorded as uncollectible since those will be recovered when incurred. Because no funds have yet been expended for the regulatory asset related to future uncollectible expense, it does not accrue carrying costs and is not included within rate base. It also includes the variance between actual uncollectible expense and uncollectible expense included in rates that is eligible for future recovery in customer rates. The amortization period will be established in future proceedings.
“New York make-whole provision” represents the regulatory asset to recover revenues that would have been received by NYSEG/RGE had Rate Year 1 rates approved in the 22-E-0317 et al. joint proposal gone into effect on the effective date of May 1, 2023. The balance is being recovered through a separately stated make-whole rate, effective November 1, 2022, over 6-30 months.
“Other” includes various items subject to reconciliation including vegetation management and systems benefit charge.
Regulatory liabilities as of March 31, 2024 and December 31, 2023, respectively, consisted of:
| | | | | | | | | | | | | | |
| | March 31, | | December 31, |
As of | | 2024 | | 2023 |
(Millions) | | | | |
Energy efficiency portfolio standard | | $ | 24 | | | $ | 15 | |
Gas supply charge and deferred natural gas cost | | 10 | | | 8 | |
Pension and other post-retirement benefits cost deferrals | | 88 | | | 89 | |
Carrying costs on deferred income tax bonus depreciation | | 2 | | | 3 | |
Carrying costs on deferred income tax - Mixed Services 263(a) | | 1 | | | 2 | |
2017 Tax Act | | 1,187 | | | 1,190 | |
Accrued removal obligations | | 1,135 | | | 1,139 | |
Positive benefit adjustment | | 7 | | | 9 | |
Deferred property tax | | 21 | | | 21 | |
Net plant reconciliation | | 23 | | | 23 | |
Debt rate reconciliation | | 16 | | | 18 | |
Rate refund – FERC ROE proceeding | | 40 | | | 39 | |
Transmission congestion contracts | | 24 | | | 26 | |
Merger-related rate credits | | 7 | | | 8 | |
Accumulated deferred investment tax credits | | 20 | | | 21 | |
Asset retirement obligation | | 19 | | | 19 | |
Middletown/Norwalk local transmission network service collections | | 16 | | | 16 | |
Non-firm margin sharing credits | | 39 | | | 34 | |
Non by-passable charges | | 6 | | | 9 | |
Transmission revenue reconciliation mechanism | | 32 | | | 57 | |
Other | | 234 | | | 209 | |
Total regulatory liabilities | | 2,951 | | | 2,955 | |
Less: current portion | | 275 | | | 261 | |
Total non-current regulatory liabilities | | $ | 2,676 | | | $ | 2,694 | |
“Energy efficiency portfolio standard” represents the costs of energy efficiency programs deferred for future recovery to the extent they exceed the amount in rates. A portion of this balance is amortized through current rates, the remaining portion will be refunded in future periods through future rate cases.
“Gas supply charge and deferred natural gas cost" reflects the actual costs of purchasing, transporting and storing of natural gas. Gas supply reconciliation is determined by comparing actual gas supply expenses to the monthly gas cost recoveries in rates. Prior rate year balances are collected/returned to customers beginning the next calendar year.
“Pension and other postretirement benefits cost deferrals” include the difference between actual expense for pension and other post-retirement benefits and the amount provided for in rates for certain of our regulated utilities. A portion of this balance is amortized through current rates, the remaining portion will be refunded in future periods through future rate cases.
“Carrying costs on deferred income tax bonus depreciation” represent the carrying costs benefit of increased accumulated deferred income taxes created by the change in tax law allowing bonus depreciation. A portion of this balance is amortized through current rates, the remaining portion will be refunded in future periods through future rate cases.
"Carrying costs on deferred income tax - Mixed Services 263(a)" represent the carrying costs benefit of increased accumulated deferred income taxes created by Section 263 (a) IRC. A portion of this balance is amortized through current rates, the remaining portion will be refunded in future periods through future rate cases.
“2017 Tax Act” represents the impact from remeasurement of deferred income tax balances as a result of the Tax Act enacted by the U.S. federal government on December 22, 2017. Reductions in accumulated deferred income tax balances due to the reduction in the corporate income tax rates from 35% to 21% under the provisions of the Tax Act will result in amounts previously and currently collected from utility customers for these deferred taxes to be refundable to such customers, generally
through reductions in future rates. The NYPSC, MPUC, PURA, DPU and the FERC held separate proceedings in New York, Maine, Connecticut, Massachusetts and the FERC, respectively, and for the majority of our regulated utilities, authorized the amortization periods for the return of regulatory liabilities and the recovery of regulatory assets, including the authorization of sur-credits to return the related benefits to rate payers in certain jurisdictions.
“Accrued removal obligations” represent the differences between asset removal costs recorded and amounts collected in rates for those costs. The amortization period is dependent upon the asset removal costs of underlying assets and the life of the utility plant.
“Positive benefit adjustment” resulted from Iberdrola’s 2008 acquisition of Avangrid (formerly Energy East Corporation). This is being used to moderate increases in rates. A portion of this balance is amortized through current rates, the remaining portion will be refunded in future periods through future rate cases.
“Deferred property tax" represents the difference between actual expense for property taxes recoverable from customers and the amount provided for in rates. A portion of this balance is amortized through current rates, the remaining portion will be refunded in future periods through future rate cases.
“Net plant reconciliation” represents the reconciliation of the actual electric and gas net plant and book depreciation to the targets set forth in the 2020 Joint Proposal. A portion of this balance is amortized through current rates, the remaining portion will be refunded in future periods through future rate cases.
“Debt rate reconciliation” represents the over/under collection of costs related to debt instruments identified in the rate case. Costs would include interest, commissions and fees versus amounts included in rates.
“Rate refund - FERC ROE proceeding” represents the reserve associated with the FERC proceeding around the base return on equity (ROE) reflected in ISO New England, Inc.’s (ISO-NE) open access transmission tariff (OATT). See Note 8 for more details.
“Transmission congestion contracts” represents deferral of the Nine Mile 2 Nuclear Plant transmission congestion contract at RG&E. A portion of this balance is amortized through current rates, the remaining portion will be refunded in future periods through future rate cases.
“Merger-related rate credits” resulted from the acquisition of UIL. This is being used to moderate increases in rates. During the three months ended March 31, 2024 and 2023, $1 million and $1 million of rate credits were applied against customer bills.
“Asset retirement obligation” represents the differences in timing of the recognition of costs associated with our AROs and the collection of such amounts through rates. This amount is being amortized at the related depreciation and accretion amounts of the underlying liability.
“Middletown/Norwalk local transmission network service collections” represents allowance for funds used during construction of the Middletown/Norwalk transmission line, which is being amortized over the useful life of the project.
“Non-firm margin sharing credits” represents the portion of interruptible and off-system sales revenue set aside to fund gas expansion projects.
“Other” includes various items subject to reconciliation or being returned through rates, such as service quality metrics.
Note 6. Fair Value of Financial Instruments and Fair Value Measurements
We determine the fair value of our derivative assets and liabilities and non-current equity investments associated with Networks’ activities utilizing market approach valuation techniques:
•Our equity and other investments consist of Rabbi Trusts. Our Rabbi Trusts, which cover certain deferred compensation plans and non-qualified pension plan obligations, consists of equity and other investments. The Rabbi Trusts primarily invest in equity securities, fixed income and money market funds. Certain Rabbi Trusts also invest in trust or company owned life insurance policies. We measure the fair value of our Rabbi Trust portfolio using observable, unadjusted quoted market prices in active markets for identical assets and include the measurements in Level 1. We measure the fair value of the supplemental retirement benefit life insurance trust based on quoted prices in the active markets for the various funds within which the assets are held and include the measurement in Level 2.
•NYSEG and RG&E enter into electric energy derivative contracts to hedge the forecasted purchases required to serve their electric load obligations. They hedge their electric load obligations using derivative contracts that are settled based upon Locational Based Marginal Pricing published by the NYISO. NYSEG and RG&E hedge approximately 70% of
their electric load obligations using contracts for a NYISO location where an active market exists. The forward market prices used to value the companies’ open electric energy derivative contracts are based on quoted prices in active markets for identical assets or liabilities with no adjustment required and therefore we include the fair value measurements in Level 1.
•NYSEG and RG&E enter into natural gas derivative contracts to hedge their forecasted purchases required to serve their natural gas load obligations. NYSEG and RG&E hedge up to approximately 55% of their forecasted winter demand through the use of financial transactions and storage withdrawals. The forward market prices used to value open natural gas derivative contracts are exchange-based prices for the identical derivative contracts traded actively on the New York Mercantile Exchange (NYMEX). We include the fair value measurements in Level 1 because we use prices quoted in an active market.
•NYSEG, RG&E and CMP enter into fuel derivative contracts to hedge their unleaded and diesel fuel requirements for their fleet vehicles. Exchange-based forward market prices are used, but because an unobservable basis adjustment is added to the forward prices, we include the fair value measurement for these contracts in Level 3.
•UI enters into CfDs, which are marked-to-market based on a probability-based expected cash flow analysis that is discounted at risk-free interest rates and an adjustment for non-performance risk using credit default swap rates. We include the fair value measurement for these contracts in Level 3 (See Note 7 for further discussion of CfDs).
We determine the fair value of our derivative assets and liabilities associated with Renewables activities utilizing market approach valuation techniques. Exchange-traded transactions, such as NYMEX futures contracts, that are based on quoted market prices in active markets for identical products with no adjustment are included in fair value Level 1. Contracts with delivery periods of two years or less which are traded in active markets and are valued with or derived from observable market data for identical or similar products such as over-the-counter NYMEX foreign exchange swaps, and fixed price physical and basis and index trades are included in fair value Level 2. Contracts with delivery periods exceeding two years or that have unobservable inputs or inputs that cannot be corroborated with market data for identical or similar products are included in fair value Level 3. The unobservable inputs include modeled volumes on unit-contingent contracts, extrapolated power curves through May 2032 and scheduling assumptions on California power exports to cover Nevada physical power sales. The valuation for this category is based on our judgments about the assumptions market participants would use in pricing the asset or liability since limited market data exists.
We determine the fair value of our interest rate derivative instruments based on a model whose inputs are observable, such as SOFR, forward interest rate curves or other relevant benchmark. We include the fair value measurement for these contracts in Level 2 (See Note 7 for further discussion of interest rate contracts).
We determine the fair value of our foreign currency exchange derivative instruments based on current exchange rates compared to the rates at inception of the hedge. We include the fair value measurement for these contracts in Level 2.
The carrying amounts for cash and cash equivalents, restricted cash, accounts receivable, accounts payable, notes payable, lease obligations and interest accrued approximate fair value.
Restricted cash was $3 million as of both March 31, 2024 and December 31, 2023, respectively and is included in "Other Assets" on our condensed consolidated balance sheets.
The financial instruments measured at fair value as of March 31, 2024 and December 31, 2023, respectively, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
As of March 31, 2024 | | Level 1 | | Level 2 | | Level 3 | | Netting | | Total |
(Millions) | | | | | | | | | | |
Equity investments with readily determinable fair values | | $ | 30 | | | $ | 18 | | | $ | — | | | $ | — | | | $ | 48 | |
Derivative assets | | | | | | | | | | |
Derivative financial instruments - power | | $ | 23 | | | $ | 71 | | | $ | 95 | | | $ | (80) | | | $ | 109 | |
Derivative financial instruments - gas | | — | | | 19 | | | — | | | (15) | | | 4 | |
Contracts for differences | | — | | | — | | | 1 | | | — | | | 1 | |
Derivative financial instruments – Other | | — | | | 158 | | | — | | | — | | | 158 | |
Total | | $ | 23 | | | $ | 248 | | | $ | 96 | | | $ | (95) | | | $ | 272 | |
Derivative liabilities | | | | | | | | | | |
Derivative financial instruments - power | | $ | (33) | | | $ | (71) | | | $ | (44) | | | $ | 101 | | | $ | (47) | |
Derivative financial instruments - gas | | (3) | | | (22) | | | — | | | 25 | | | — | |
Contracts for differences | | — | | | — | | | (34) | | | — | | | (34) | |
Derivative financial instruments – Other | | — | | | (101) | | | — | | | — | | | (101) | |
Total | | $ | (36) | | | $ | (194) | | | $ | (78) | | | $ | 126 | | | $ | (182) | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
As of December 31, 2023 | | Level 1 | | Level 2 | | Level 3 | | Netting | | Total |
(Millions) | | | | | | | | | | |
Equity investments with readily determinable fair values | | $ | 29 | | | $ | 16 | | | $ | — | | | $ | — | | | $ | 45 | |
Derivative assets | | | | | | | | | | |
Derivative financial instruments - power | | $ | 15 | | | $ | 42 | | | $ | 114 | | | $ | (69) | | | $ | 102 | |
Derivative financial instruments - gas | | — | | | 17 | | | — | | | (12) | | | 5 | |
Contracts for differences | | — | | | — | | | 1 | | | — | | | 1 | |
Derivative financial instruments – Other | | — | | | 122 | | | — | | | — | | | 122 | |
Total | | $ | 15 | | | $ | 181 | | | $ | 115 | | | $ | (81) | | | $ | 230 | |
Derivative liabilities | | | | | | | | | | |
Derivative financial instruments - power | | $ | (37) | | | $ | (101) | | | $ | (40) | | | $ | 135 | | | $ | (43) | |
Derivative financial instruments - gas | | (12) | | | (26) | | | — | | | 37 | | | (1) | |
Contracts for differences | | — | | | — | | | (39) | | | — | | | (39) | |
Derivative financial instruments - Other | | — | | | (92) | | | — | | | — | | | (92) | |
Total | | $ | (49) | | | $ | (219) | | | $ | (79) | | | $ | 172 | | | $ | (175) | |
The reconciliation of changes in the fair value of financial instruments based on Level 3 inputs for the three months ended March 31, 2024 and 2023, respectively, is as follows:
| | | | | | | | | | | | | | | | | | |
| | | | Three Months Ended March 31, |
(Millions) | | | | | | 2024 | | 2023 |
Fair Value Beginning of Period, | | | | | | $ | 36 | | | $ | 16 | |
Gains recognized in operating revenues | | | | | | 3 | | | — | |
(Losses) recognized in operating revenues | | | | | | (19) | | | (3) | |
Total losses recognized in operating revenues | | | | | | (16) | | | (3) | |
Gains recognized in OCI | | | | | | 1 | | | 11 | |
(Losses) recognized in OCI | | | | | | (6) | | | (3) | |
Total (losses) gains recognized in OCI | | | | | | (5) | | | 8 | |
Net change recognized in regulatory assets and liabilities | | | | | | 5 | | | 4 | |
Purchases | | | | | | 1 | | | 9 | |
Settlements | | | | | | (3) | | | (20) | |
| | | | | | | | |
Fair Value as of March 31, | | | | | | $ | 18 | | | $ | 14 | |
Losses for the period included in operating revenues attributable to the change in unrealized gains relating to financial instruments still held at the reporting date | | | | | | $ | (16) | | | $ | (3) | |
Level 3 Fair Value Measurement
The table below illustrates the significant sources of unobservable inputs used in the fair value measurement of our Level 3 derivatives and the variability in prices for those transactions classified as Level 3 derivatives.
| | | | | | | | | | | | | | | | | | | | |
As of March 31, 2024 | | | | |
Index | | Avg. | | Max. | | Min. |
Ameren ($/MWh) | | $ | 42.68 | | | $ | 90.60 | | | $ | 19.58 | |
ComEd ($/MWh) | | $ | 38.64 | | | $ | 83.36 | | | $ | 15.39 | |
ERCOT S hub ($/MWh) | | $ | 45.73 | | | $ | 150.55 | | | $ | 16.17 | |
Mid C ($/MWh) | | $ | 84.98 | | | $ | 248.45 | | | $ | 16.95 | |
AEP-DAYTON hub ($/MWh) | | $ | 42.79 | | | $ | 94.32 | | | $ | 20.58 | |
Our Level 3 valuations primarily consist of a Hydro PPA utilized for balancing services for the Northwest wind fleet, power swaps with delivery periods extending through May 2032 hedging Midwest and Texas wind farms and physical power sales agreements in Nevada.
We considered the measurement uncertainty regarding the Level 3 gas and power positions to changes in the valuation inputs. Given the nature of the transactions in Level 3, the primary input to the valuation is the market price of gas or power for transactions with delivery periods exceeding two years. The fixed price power swaps are economic hedges of future power generation, with decreases in power prices resulting in unrealized gains and increases in power prices resulting in unrealized losses. The hydro PPA is a long capacity/energy position in the Northwest that provides balancing services with increases in power prices resulting in unrealized gains and decreases in power prices resulting in unrealized losses. The gas swaps are economic hedges of fuel purchases for a combined cycle gas plant, with increases in gas prices resulting in unrealized gains and decreases in gas prices resulting in unrealized losses. As all transactions are economic hedges of the underlying position, any changes in the fair value of these transactions will be offset by changes in the anticipated purchase/sales price of the underlying commodity.
Two elements of the analytical infrastructure employed in valuing transactions are the price curves used in the calculation of market value and the modeled volumes on unit-contingent agreements. We maintain and document authorized trading points and associated forward price curves, and we develop and document models used in valuation of the various products.
Transactions are valued in part on the basis of forward prices and estimated volumes. We maintain and document descriptions of these curves and their derivations. Forward price curves used in valuing the transactions are applied to the full duration of the transaction.
The determination of fair value of the CfDs (see Note 7 for further details on CfDs) was based on a probability-based expected cash flow analysis that was discounted at risk-free interest rates, as applicable, and an adjustment for non-performance risk
using credit default swap rates. Certain management assumptions were required, including development of pricing that extends over the term of the contracts. We believe this methodology provides the most reasonable estimates of the amount of future discounted cash flows associated with the CfDs. Additionally, on a quarterly basis, we perform analytics to ensure that the fair value of the derivatives is consistent with changes, if any, in the various fair value model inputs. Significant isolated changes in the risk of non-performance, the discount rate or the contract term pricing would result in an inverse change in the fair value of the CfDs. Additional quantitative information about Level 3 fair value measurements of the CfDs is as follows:
| | | | | | | | |
| | Range at |
Unobservable Input | | March 31, 2024 |
Risk of non-performance | | 0.52% - 0.54% |
Discount rate | | 3.84% - 4.01% |
Forward pricing ($ per KW-month) | | $2.00 - $2.61 |
Fair Value of Debt
As of March 31, 2024 and December 31, 2023, debt consisted of first mortgage bonds, unsecured pollution control notes and other various non-current debt securities. The estimated fair value of debt was $10,136 million and $10,266 million as of March 31, 2024 and December 31, 2023, respectively. The estimated fair value was determined, in most cases, by discounting the future cash flows at market interest rates. The interest rates used to make these calculations take into account the credit ratings of the borrowers in each case. The fair value of debt is considered Level 2 within the fair value hierarchy.
Note 7. Derivative Instruments and Hedging
Our operating and financing activities are exposed to certain risks, which are managed by using derivative instruments. All derivative instruments are recognized as either assets or liabilities at fair value on our condensed consolidated balance sheets in accordance with the accounting requirements concerning derivative instruments and hedging activities.
(a) Networks activities
The tables below present Networks' derivative positions as of March 31, 2024 and December 31, 2023, respectively, including those subject to master netting agreements and the location of the net derivative positions on our condensed consolidated balance sheets:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
As of March 31, 2024 | | Current Assets | | Noncurrent Assets | | Current Liabilities | | Noncurrent Liabilities |
(Millions) | | | | | | | | |
Not designated as hedging instruments | | | | | | | | |
Derivative assets | | $ | 20 | | | $ | 5 | | | $ | 19 | | | $ | 5 | |
Derivative liabilities | | (19) | | | (5) | | | (42) | | | (29) | |
| | 1 | | | — | | | (23) | | | (24) | |
Designated as hedging instruments | | | | | | | | |
Derivative assets | | — | | | — | | | — | | | — | |
Derivative liabilities | | — | | | — | | | — | | | — | |
| | — | | | — | | | — | | | — | |
Total derivatives before offset of cash collateral | | 1 | | | — | | | (23) | | | (24) | |
Cash collateral receivable | | — | | | — | | | 6 | | | 7 | |
Total derivatives as presented in the balance sheet | | $ | 1 | | | $ | — | | | $ | (17) | | | $ | (17) | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
As of December 31, 2023 | | Current Assets | | Noncurrent Assets | | Current Liabilities | | Noncurrent Liabilities |
(Millions) | | | | | | | | |
Not designated as hedging instruments | | | | | | | | |
Derivative assets | | $ | 13 | | | $ | 3 | | | $ | 12 | | | $ | 3 | |
Derivative liabilities | | (12) | | | (3) | | | (57) | | | (32) | |
| | 1 | | | — | | | (45) | | | (29) | |
Designated as hedging instruments | | | | | | | | |
Derivative assets | | — | | | — | | | — | | | — | |
Derivative liabilities | | — | | | — | | | — | | | — | |
| | — | | | — | | | — | | | — | |
Total derivatives before offset of cash collateral | | 1 | | | — | | | (45) | | | (29) | |
Cash collateral receivable | | — | | | — | | | 27 | | | 7 | |
Total derivatives as presented in the balance sheet | | $ | 1 | | | $ | — | | | $ | (18) | | | $ | (22) | |
The net notional volumes of the outstanding derivative instruments associated with Networks' activities as of March 31, 2024 and December 31, 2023, respectively, consisted of:
| | | | | | | | | | | | | | |
| | March 31, | | December 31, |
As of | | 2024 | | 2023 |
(Millions) | | | | |
Wholesale electricity purchase contracts (MWh) | | 6.0 | | | 5.6 | |
Natural gas purchase contracts (Dth) | | 9.3 | | | 10.7 | |
| | | | |
Derivatives not designated as hedging instruments
NYSEG and RG&E have an electric commodity charge that passes costs for the market price of electricity through rates. We use electricity contracts, both physical and financial, to manage fluctuations in electricity commodity prices in order to provide price stability to customers. We include the cost or benefit of those contracts in the amount expensed for electricity purchased when the related electricity is sold. We record changes in the fair value of electric hedge contracts to derivative assets and/or liabilities with an offset to regulatory assets and/or regulatory liabilities, in accordance with the accounting requirements concerning regulated operations.
NYSEG and RG&E have purchased gas adjustment clauses that allow us to recover through rates any changes in the market price of purchased natural gas, substantially eliminating our exposure to natural gas price risk. NYSEG and RG&E use natural gas futures and forwards to manage fluctuations in natural gas commodity prices to provide price stability to customers. We include the cost or benefit of natural gas futures and forwards in the commodity cost that is passed on to customers when the related sales commitments are fulfilled. We record changes in the fair value of natural gas hedge contracts to derivative assets and/or liabilities with an offset to regulatory assets and/or regulatory liabilities in accordance with the accounting requirements for regulated operations.
The amounts for electricity hedge contracts and natural gas hedge contracts recognized in regulatory liabilities and assets as of March 31, 2024 and December 31, 2023 and amounts reclassified from regulatory assets and liabilities into income for the three months ended March 31, 2024 and 2023 are as follows:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
(Millions) | | Loss or Gain Recognized in Regulatory Assets/Liabilities | | Location of Loss (Gain) Reclassified from Regulatory Assets/Liabilities into Income | | | | | | Loss (Gain) Reclassified from Regulatory Assets/Liabilities into Income |
As of | | | | | | | | | | Three Months Ended March 31, |
March 31, 2024 | | Electricity | | Natural Gas | | 2024 | | | | | | | Electricity | | Natural Gas |
Regulatory assets | | $ | 10 | | | $ | 3 | | | Purchased power, natural gas and fuel used | | | | | | $ | 20 | | | $ | 11 | |
| | | | | | | | | | | | | | |
December 31, 2023 | | | | | | 2023 | | | | | | | | | |
Regulatory assets | | $ | 22 | | | $ | 12 | | | Purchased power, natural gas and fuel used | | | | | | $ | 49 | | | $ | 6 | |
| | | | | | | | | | | | | | |
Pursuant to a PURA order, UI and Connecticut’s other electric utility, CL&P, each executed two long-term CfDs with certain incremental capacity resources, each of which specifies a capacity quantity and a monthly settlement that reflects the difference
between a forward market price and the contract price. The costs or benefits of each contract will be paid by or allocated to customers and will be subject to a cost-sharing agreement between UI and CL&P pursuant to which approximately 20% of the cost or benefit is borne by or allocated to UI customers and approximately 80% is borne by or allocated to CL&P customers.
PURA has determined that costs associated with these CfDs will be fully recoverable by UI and CL&P through electric rates, and UI has deferred recognition of costs (a regulatory asset) or obligations (a regulatory liability), including carrying costs. For those CfDs signed by CL&P, UI records its approximate 20% portion pursuant to the cost-sharing agreement noted above. As of March 31, 2024, UI has recorded a gross derivative asset of $1 million ($0 of which is related to UI’s portion of the CfD signed by CL&P), a regulatory asset of $33 million, a gross derivative liability of $34 million ($33 million of which is related to UI’s portion of the CfD signed by CL&P) and a regulatory liability of $0. As of December 31, 2023, UI had recorded a gross derivative asset of $1 million ($0 of which is related to UI’s portion of the CfD signed by CL&P), a regulatory asset of $38 million, a gross derivative liability of $39 million ($38 million of which is related to UI’s portion of the CfD signed by CL&P) and a regulatory liability of $0.
The unrealized gains and losses from fair value adjustments to these derivatives, which are recorded in regulatory assets, for the three months ended March 31, 2024 and 2023, respectively, were as follows:
| | | | | | | | | | | | | | | | | | |
| | | | Three Months Ended March 31, |
| | | | | | 2024 | | 2023 |
(Millions) | | | | | | | | |
| | | | | | | | |
Derivative liabilities | | | | | | $ | 5 | | | $ | 4 | |
Derivatives designated as hedging instruments
The effect of derivatives in cash flow hedging relationships on Other Comprehensive Income (OCI) and income for the three months ended March 31, 2024 and 2023, respectively, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Three Months Ended March 31, | | Gain (Loss) Recognized in OCI on Derivatives (a) | | Location of Loss (Gain) Reclassified from Accumulated OCI into Income | | Loss (Gain) Reclassified from Accumulated OCI into Income | | Total amount per Income Statement |
(Millions) | | | | | | | | |
2024 | | | | | | | | |
Interest rate contracts | | $ | — | | | Interest expense | | $ | 1 | | | $ | 125 | |
Commodity contracts | | — | | | Purchased power, natural gas and fuel used | | — | | | 724 | |
| | | | | | | | |
Total | | $ | — | | | | | $ | 1 | | | |
2023 | | | | | | | | |
Interest rate contracts | | $ | — | | | Interest expense | | $ | 1 | | | $ | 95 | |
Commodity contracts | | — | | | Purchased power, natural gas and fuel used | | — | | | 977 | |
| | | | | | | | |
Total | | $ | — | | | | | $ | 1 | | | |
(a) Changes in accumulated OCI are reported on a pre-tax basis.
The net loss in accumulated OCI related to previously settled forward starting swaps and accumulated amortization is $38 million and $39 million as of March 31, 2024 and December 31, 2023, respectively. For the three months ended March 31, 2024 and 2023, we recorded net derivative losses related to discontinued cash flow hedges of $1 million and $1 million, respectively. We will amortize approximately $4 million of discontinued cash flow hedges within the next twelve months.
(b) Renewables activities
Renewables sells fixed-price gas and power forwards to hedge our merchant wind assets from declining commodity prices for our Renewables business. Renewables also purchases fixed-price gas and basis swaps and sells fixed-price power in the forward market to hedge the spark spread or heat rate of our merchant thermal assets and enters into tolling arrangements to sell the output of its thermal generation facilities.
Renewables has proprietary trading operations that enter into fixed-price power and gas forwards in addition to basis swaps. The intent is to speculate on fixed-price commodity and basis volatility in the U.S. commodity markets.
Renewables will periodically designate derivative contracts as cash flow hedges for both its thermal and wind portfolios. The fair value changes are recorded in OCI. For thermal operations, Renewables will periodically designate both fixed price
NYMEX gas contracts and natural gas basis swaps that hedge the fuel requirements of its Klamath Plant in Klamath, Oregon. Renewables will also designate fixed price power swaps at various locations in the U.S. market to hedge future power sales from its Klamath facility and various wind farms.
The net notional volumes of outstanding derivative instruments associated with Renewables' activities as of March 31, 2024 and December 31, 2023, respectively, consisted of:
| | | | | | | | | | | | | | |
| | March 31, | | December 31, |
As of | | 2024 | | 2023 |
(MWh/Dth in millions) | | | | |
Wholesale electricity purchase contracts | | 1 | | | 1 | |
Wholesale electricity sales contracts | | 6 | | | 6 | |
Natural gas and other fuel purchase contracts | | 14 | | | 21 | |
Financial power contracts | | 4 | | | 4 | |
Basis swaps – purchases | | 21 | | | 24 | |
Basis swaps – sales | | 1 | | | 1 | |
The fair values of derivative contracts associated with Renewables' activities as of March 31, 2024 and December 31, 2023, respectively, consisted of:
| | | | | | | | | | | | | | |
| | March 31, | | December 31, |
As of | | 2024 | | 2023 |
(Millions) | | | | |
Wholesale electricity purchase contracts | | $ | 8 | | | $ | 29 | |
Wholesale electricity sales contracts | | 46 | | | 14 | |
Natural gas and other fuel purchase contracts | | 3 | | | 4 | |
Financial power contracts | | 10 | | | 17 | |
| | | | |
| | | | |
Total | | $ | 67 | | | $ | 64 | |
On May 27, 2021, Renewables entered into a forward interest rate swap, with a total notional amount of $935 million, to hedge the issuance of forecasted variable rate debt. The forward interest rate swap is designated and qualifies as a cash flow hedge. As part of the financial close of Vineyard Wind 1 described in Note 19, this hedge was novated to the lending institutions and the notional value changed to $956 million. As of March 31, 2024 and December 31, 2023, the fair value of the interest rate swap was $158 million and $122 million, respectively, as non-current assets. The gain or loss on the interest rate swap is reported as a component of accumulated OCI and will be reclassified into earnings in the period or periods during which the related interest expense on the debt is incurred.
The tables below present Renewables' derivative positions as of March 31, 2024 and December 31, 2023, respectively, including those subject to master netting agreements and the location of the net derivative position on our condensed consolidated balance sheets:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
As of March 31, 2024 | | Current Assets | | Noncurrent Assets | | Current Liabilities | | Noncurrent Liabilities |
(Millions) | | | | | | | | |
Not designated as hedging instruments | | | | | | | | |
Derivative assets | | $ | 64 | | | $ | 48 | | | $ | 43 | | | $ | 5 | |
Derivative liabilities | | (3) | | | (1) | | | (53) | | | (7) | |
| | 61 | | | 47 | | | (10) | | | (2) | |
Designated as hedging instruments | | | | | | | | |
Derivative assets | | 30 | | | 138 | | | 14 | | | 1 | |
Derivative liabilities | | (1) | | | — | | | (37) | | | (35) | |
| | 29 | | | 138 | | | (23) | | | (34) | |
Total derivatives before offset of cash collateral | | 90 | | | 185 | | | (33) | | | (36) | |
Cash collateral (payable) receivable | | (4) | | | — | | | 14 | | | 8 | |
Total derivatives as presented in the balance sheet | | $ | 86 | | | $ | 185 | | | $ | (19) | | | $ | (28) | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
As of December 31, 2023 | | Current Assets | | Noncurrent Assets | | Current Liabilities | | Noncurrent Liabilities |
(Millions) | | | | | | | | |
Not designated as hedging instruments | | | | | | | | |
Derivative assets | | $ | 53 | | | $ | 52 | | | $ | 53 | | | $ | 1 | |
Derivative liabilities | | — | | | (3) | | | (73) | | | (4) | |
| | 53 | | | 49 | | | (20) | | | (3) | |
Designated as hedging instruments | | | | | | | | |
Derivative assets | | 15 | | | 113 | | | 7 | | | 1 | |
Derivative liabilities | | (1) | | | — | | | (47) | | | (37) | |
| | 14 | | | 113 | | | (40) | | | (36) | |
Total derivatives before offset of cash collateral | | 67 | | | 162 | | | (60) | | | (39) | |
Cash collateral receivable | | — | | | — | | | 43 | | | 13 | |
Total derivatives as presented in the balance sheet | | $ | 67 | | | $ | 162 | | | $ | (17) | | | $ | (26) | |
Derivatives not designated as hedging instruments
The effects of trading and non-trading derivatives associated with Renewables' activities for the three months ended March 31, 2024 and 2023, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | Three Months Ended March 31, 2024 |
| | | | | | | | Trading | | Non-trading | | Total amount per income statement |
(Millions) | | | | | | | | | | | | |
Operating Revenues | | | | | | | | | | | | |
Wholesale electricity purchase contracts | | | | | | | | $ | (3) | | | $ | — | | | |
Wholesale electricity sales contracts | | | | | | | | 11 | | | 22 | | | |
Financial power contracts | | | | | | | | (2) | | | 2 | | | |
Financial and natural gas contracts | | | | | | | | — | | | (2) | | | |
Total gain included in operating revenues | | | | | | | | $ | 6 | | | $ | 22 | | | $ | 2,417 | |
| | | | | | | | | | | | |
Purchased power, natural gas and fuel used | | | | | | | | | | | | |
Wholesale electricity purchase contracts | | | | | | | | $ | — | | | $ | (17) | | | |
| | | | | | | | | | | | |
Financial power contracts | | | | | | | | — | | | — | | | |
Financial and natural gas contracts | | | | | | | | — | | | 8 | | | |
Total loss included in purchased power, natural gas and fuel used | | | | | | | | $ | — | | | $ | (9) | | | $ | 724 | |
| | | | | | | | | | | | |
Total Gain | | | | | | | | $ | 6 | | | $ | 13 | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | Three Months Ended March 31, 2023 |
| | | | | | | | Trading | | Non-trading | | Total amount per income statement |
(Millions) | | | | | | | | | | | | |
Operating Revenues | | | | | | | | | | | | |
Wholesale electricity purchase contracts | | | | | | | | $ | (4) | | | $ | 1 | | | |
Wholesale electricity sales contracts | | | | | | | | 7 | | | 24 | | | |
Financial power contracts | | | | | | | | 2 | | | 15 | | | |
Financial and natural gas contracts | | | | | | | | — | | | 10 | | | |
Total gain included in operating revenues | | | | | | | | $ | 5 | | | $ | 50 | | | $ | 2,466 | |
| | | | | | | | | | | | |
Purchased power, natural gas and fuel used | | | | | | | | | | | | |
Wholesale electricity purchase contracts | | | | | | | | $ | — | | | $ | (35) | | | |
| | | | | | | | | | | | |
Financial power contracts | | | | | | | | — | | | — | | | |
Financial and natural gas contracts | | | | | | | | — | | | (21) | | | |
Total gain included in purchased power, natural gas and fuel used | | | | | | | | $ | — | | | $ | (56) | | | $ | 977 | |
| | | | | | | | | | | | |
Total Gain (Loss) | | | | | | | | $ | 5 | | | $ | (6) | | | |
Derivatives designated as hedging instruments
The effect of derivatives in cash flow hedging relationships on accumulated OCI and income for the three months ended March 31, 2024 and 2023, respectively, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Three Months Ended March 31, | | Gain (Loss) Recognized in OCI on Derivatives (a) | | Location of Loss Reclassified from Accumulated OCI into Income | | Loss Reclassified from Accumulated OCI into Income | | Total amount per Income Statement |
(Millions) | | | | | | | | |
2024 | | | | | | | | |
Interest rate contracts | | $ | 36 | | | Interest Expense | | $ | — | | | $ | 125 | |
Commodity contracts | | 20 | | | Operating revenues | | 5 | | | $ | 2,417 | |
Total | | $ | 56 | | | | | $ | 5 | | | |
2023 | | | | | | | | |
Interest rate contracts | | $ | 90 | | | Interest Expense | | $ | — | | | $ | 95 | |
Commodity contracts | | 23 | | | Operating revenues | | 66 | | | $ | 2,466 | |
Total | | $ | 113 | | | | | $ | 66 | | | |
(a) Changes in OCI are reported on a pre-tax basis.
Amounts are reclassified from accumulated OCI into income in the period during which the transaction being hedged affects earnings or when it becomes probable that a forecasted transaction being hedged would not occur. Notwithstanding future changes in prices, approximately $20 million of losses included in accumulated OCI at March 31, 2024, are expected to be reclassified into earnings within the next twelve months. We recorded immaterial amounts of net derivative losses related to discontinued cash flow hedges for both the three months ended March 31, 2024 and 2023.
(c) Interest rate contracts
Avangrid uses financial derivative instruments from time to time to alter its fixed and floating rate debt balances or to hedge fixed rates in anticipation of future fixed rate issuances.
As of March 31, 2024 and December 31, 2023, the net loss in accumulated OCI related to previously settled interest rate contracts was $27 million and $29 million, respectively. For both the three months ended March 31, 2024 and 2023, we amortized into income $2 million of the loss related to settled interest rate contracts. We will amortize approximately $9 million of the net loss on the interest rate contracts within the next twelve months.
The effect of derivatives in cash flow hedging relationships on accumulated OCI for the three months ended March 31, 2024 and 2023, respectively, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Three Months Ended March 31, | | (Loss) Recognized in OCI on Derivatives (a) | | Location of Loss Reclassified from Accumulated OCI into Income | | Loss Reclassified from Accumulated OCI into Income | | Total amount per Income Statement |
(Millions) | | | | | | | | |
2024 | | | | | | | | |
Interest rate contracts | | $ | — | | | Interest expense | | $ | 2 | | | $ | 125 | |
| | | | | | | | |
2023 | | | | | | | | |
Interest rate contracts | | $ | — | | | Interest expense | | $ | 2 | | | $ | 95 | |
| | | | | | | | |
(a) Changes in OCI are reported on a pre-tax basis. The amounts in accumulated OCI are being reclassified into earnings over the underlying debt maturity periods which end in 2025 and 2029.
On July 15, 2021, Corporate entered into an interest rate swap to hedge the fair value of $750 million of existing debt included in "Non-current debt" on our consolidated balance sheets. The interest rate swap is designated and qualifies as a fair value hedge. The change in the fair value of the interest rate swap and the offsetting change in the fair value of the underlying debt are reported as components of "Interest expense."
The effects on our consolidated financial statements as of and for the three months ended March 31, 2024 and 2023 are as follows:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Fair value of hedge | | Location of Loss Recognized in Income Statement | | Loss Recognized in Income Statement | Year to date total per Income Statement |
(Millions) | | As of March 31, 2024 | | | | Three Months Ended March 31, 2024 | | |
Current Liabilities | | $ | (29) | | | Interest Expense | | $ | 11 | | | $ | 125 | |
Non-current liabilities | | $ | (71) | | | | | | | |
| | | | | | | | |
| | Cumulative effect on hedged debt | | | | | | |
Current debt | | $ | — | | | | | | | |
Non-current debt | | $ | 100 | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Fair value of hedge | | Location of (Gain) Recognized in Income Statement | | (Gain) Recognized in Income Statement | Year to date total per Income Statement |
(Millions) | | As of December 31, 2023 | | | | Three Months Ended March 31, 2023 | | |
Current Liabilities | | $ | (26) | | | Interest Expense | | $ | 7 | | | $ | 95 | |
Non-current liabilities | | $ | (63) | | | | | | | |
| | | | | | | | |
| | Cumulative effect on hedged debt | | | | | | |
Current debt | | $ | — | | | | | | | |
Non-current debt | | $ | 89 | | | | | | | |
(d) Counterparty credit risk management
NYSEG and RG&E face risks related to counterparty performance on hedging contracts due to counterparty credit default. We have developed a matrix of unsecured credit thresholds that are applicable based on the respective counterparty’s or the counterparty guarantor’s credit rating, as provided by Moody’s or Standard & Poor’s. When our exposure to risk for a counterparty exceeds the unsecured credit threshold, the counterparty is required to post additional collateral or we will no longer transact with the counterparty until the exposure drops below the unsecured credit threshold.
The wholesale power supply agreements of UI contain default provisions that include required performance assurance, including certain collateral obligations, in the event that UI’s credit ratings on senior debt were to fall below investment grade. If such an event had occurred as of March 31, 2024, UI would have had to post an aggregate of approximately $27 million in collateral.
We have various master netting arrangements in the form of multiple contracts with various single counterparties that are subject to contractual agreements that provide for the net settlement of all contracts through a single payment. Those arrangements reduce our exposure to a counterparty in the event of a default on or termination of any single contract. For financial statement presentation purposes, we offset fair value amounts recognized for derivative instruments and fair value amounts recognized for the right to reclaim or the obligation to return cash collateral arising from derivative instruments executed with the same counterparty under a master netting arrangement. As of both March 31, 2024 and December 31, 2023, the amount of cash collateral under master netting arrangements that has not been offset against net derivative positions was $63 million. Derivative instruments settlements and collateral payments are included throughout the “Changes in operating assets and liabilities” section of operating activities in our condensed consolidated statements of cash flows.
Certain of our derivative instruments contain provisions that require us to maintain an investment grade credit rating on our debt from each of the major credit rating agencies. If our debt were to fall below investment grade, we would be in violation of those provisions and the counterparties to the derivative instruments could request immediate payment or demand immediate and ongoing full overnight collateralization on derivative instruments in net liability positions. The aggregate fair value of all derivative instruments with credit risk related contingent features that are in a liability position as of March 31, 2024 was $13 million, for which we have posted collateral.
Note 8. Contingencies and Commitments
We are party to various legal disputes arising as part of our normal business activities. We assess our exposure to these matters and record estimated loss contingencies when a loss is probable and can be reasonably estimated. We do not provide for accrual of legal costs expected to be incurred in connection with a loss contingency.
Transmission - ROE Complaint – CMP and UI
On September 30, 2011, the Massachusetts Attorney General, DPU, PURA, New Hampshire Public Utilities Commission, Rhode Island Division of Public Utilities and Carriers, Vermont Department of Public Service, numerous New England consumer advocate agencies and transmission tariff customers collectively filed a joint complaint with the FERC, pursuant to sections 206 and 306 of the Federal Power Act against several NETOs claiming that the approved base ROE of 11.14% used by NETOs in calculating formula rates for transmission service under the ISO-New England Open Access Transmission Tariff (OATT) was not just and reasonable and seeking a reduction of the base ROE of 9.2%. CMP and UI are NETOs with assets and service rates that are governed by the OATT and will thereby be affected by any FERC order resulting from the filed complaint.
On December 26, 2012, a second related complaint for a subsequent rate period was filed requesting the ROE be reduced to 8.7%. On July 31, 2014, a third related complaint was filed for a subsequent rate period requesting the ROE be reduced to 8.84%. On April 29, 2016, a fourth complaint was filed for a rate period subsequent to prior complaints requesting the base ROE be 8.61% and ROE Cap be 11.24%.
On October 16, 2018, the FERC issued an order directing briefs and proposing a new methodology to calculate the NETOs ROE that is contained in NETOs’ transmission formula rate on file at FERC. We cannot predict the final outcome of the proceedings.
Customer Invoice Dispute
On May 4, 2021, Nike USA, Inc. (Nike), the buyer under a virtual PPA with a subsidiary of Renewables, provided notice that it disagrees with the settlement amounts included in certain invoices. The PPA provides for a monthly settlement between the parties based on the metered output of the project based on a stated hub price. The disagreement relates as to the appropriate hub price to use for settlement calculations, most notably during Winter Storm Uri in February of 2021. Nike has requested an adjustment to the invoices that would increase the amount payable by approximately $31 million. Renewables has responded that the invoices have been properly calculated in accordance with the provisions of the PPA, and that Nike is not entitled to any further payments. On June 16, 2023, Nike filed suit against the Company and certain subsidiaries of Renewables alleging breach of contract, and seeking more than $31 million in invoice adjustments, fees, and interest. The Company filed a motion to dismiss the complaint, which the Circuit Court of the State of Oregon for the County of Multnomah denied on October 25, 2023 following oral arguments. The case is currently proceeding with an expected trial beginning on October 14, 2024. We cannot predict the outcome of this matter.
Solar Contractor Dispute
Renewables, through certain subsidiaries, has Engineering, Procurement and Construction (EPC) contracts with Sterling and Wilson Solar Solutions, Inc. (SWSS) for the construction of two Solar farms–Lund Hill in Klickitat, WA (Lund Hill), and Pachwáywit Fields in Gillam County, OR (Montague). Renewables believes that SWSS is in default of a number of its obligations under the respective EPC contracts, including construction flaws and failing to pay certain subcontractors. As a result, Renewables drew on Letters of Credit for both Montague and Lund Hill. In response, SWSS filed liens on both projects totaling approximately $105 million claiming that this amount is due under EPC contracts. Renewables has bonded over the liens on both properties. On October 27, 2023, SWSS commenced foreclosure actions in Oregon on the lien at Montague, and added claims for breach of contract and quantum meruit, seeking up to $111.8 million. SWSS has also commenced foreclosure procedures in Washington State against Lund Hill seeking to close on its lien of $59.9 million. On February 26, 2024, SWSS filed a lawsuit against Lund Hill and Renewables in New York State court alleging breach of contract, quantum meruit and violation of the Prompt Payment Act, all based on the same facts as the previously filed foreclosure matter seeking $59.9 million in damages. We cannot predict the outcome of these disputes.
Guarantee Commitments to Third Parties
As of March 31, 2024, we had approximately $918 million of standby letters of credit, surety bonds, guarantees and indemnifications outstanding. We also provided a guaranty related to Renewables' commitment to contribute equity to Vineyard Wind and an indemnification of Vineyard Wind tax equity investors as described in Note 19, which are in addition to the amounts above. These instruments provide financial assurance to the business and trading partners of Avangrid, its subsidiaries and equity method investees in their normal course of business. The instruments only represent liabilities if Avangrid or its subsidiaries fail to deliver on contractual obligations. We therefore believe it is unlikely that any material liabilities associated
with these instruments will be incurred and, accordingly, as of March 31, 2024, neither we nor our subsidiaries have any liabilities recorded for these instruments.
NECEC Commitments
On January 4, 2021, CMP transferred the NECEC project to NECEC Transmission LLC, a wholly-owned subsidiary of Networks. Among other things, NECEC Transmission LLC and/or CMP committed to approximately $90 million of future payments to support various programs in the state of Maine, of which approximately $11 million was paid through the three months ended March 31, 2024.
Note 9. Environmental Liabilities
Environmental laws, regulations and compliance programs may occasionally require changes in our operations and facilities and may increase the cost of electric and natural gas service. We do not provide for accruals of legal costs expected to be incurred in connection with loss contingencies.
Waste sites
The Environmental Protection Agency and various state environmental agencies, as appropriate, have notified us that we are among the potentially responsible parties that may be liable for costs incurred to remediate certain hazardous substances at twenty-four waste sites, which do not include sites where gas was manufactured in the past. Sixteen of the twenty-four sites are included in the New York State Registry of Inactive Hazardous Waste Disposal Sites; two sites are included in Maine’s Uncontrolled Sites Program; and one site is included on the Massachusetts Non-Priority Confirmed Disposal Site list. The remaining sites are not included in any registry list. Finally, five of the twenty-four sites are also included on the National Priorities list. Any liability may be joint and several for certain sites.
We have recorded an estimated liability of $6 million related to six of the twenty-four sites. We have paid remediation costs related to the remaining eighteen sites and do not expect to incur additional liabilities. Additionally, we have recorded an estimated liability of $10 million related to another ten sites where we believe it is probable that we will incur remediation and/or monitoring costs, although we have not been notified that we are among the potentially responsible parties or that we are regulated under State Resource Conservation and Recovery Act programs. It is possible the ultimate cost to remediate these sites may be significantly more than the accrued amount. As of March 31, 2024, our estimate for costs to remediate these sites ranges from $15 million to $22 million. Factors affecting the estimated remediation amount include the remedial action plan selected, the extent of site contamination, and the allocation of the clean-up costs.
Manufactured Gas Plants
We have a program to investigate and perform necessary remediation at our fifty-three sites where gas was manufactured in the past (Manufactured Gas Plants, or MGPs). Six sites are included in the New York State Registry, thirty-nine sites are included in the New York State Department of Environmental Conservation (NYSDEC) Multi-Site Order of Consent; two sites with individual NYSDEC Orders of Consent; two sites under a Brownfield Cleanup Program and two sites are included in Maine Department of Environmental Protection programs (none in the Voluntary Response Action Program, Brownfield Cleanup Program and Uncontrolled Sites Program). The remaining sites are not included in a formal program. We have entered into consent orders with various environmental agencies to investigate and, where necessary, remediate forty-one of the fifty-three sites.
As of March 31, 2024, our estimate for all costs related to investigation and remediation of the fifty-three sites ranges from $117 million to $213 million. Our estimate could change materially based on facts and circumstances derived from site investigations, changes in required remedial actions, changes in technology relating to remedial alternatives and changes to current laws and regulations.
Certain of our Connecticut and Massachusetts regulated gas companies own or have previously owned properties where MGPs had historically operated. MGP operations have led to contamination of soil and groundwater with petroleum hydrocarbons, benzene and metals, among other things, at these properties, the regulation and cleanup of which is regulated by the federal Resource Conservation and Recovery Act as well as other federal and state statutes and regulations. Each of the companies has or had an ownership interest in one or more of such properties contaminated as a result of MGP-related activities. Under the existing regulations, the cleanup of such sites requires state and at times, federal, regulators’ involvement and approval before cleanup can commence. In certain cases, such contamination has been evaluated, characterized and remediated. In other cases, the sites have been evaluated and characterized, but not yet remediated. Finally, at some of these sites, the scope of the contamination has not yet been fully characterized; as of March 31, 2024, no liability was recorded related to these sites and no amount of loss, if any, can be reasonably estimated at this time. In the past, the companies have received approval for the
recovery of MGP-related remediation expenses from customers through rates and will seek recovery in rates for ongoing MGP-related remediation expenses for all of their MGP sites.
As of both March 31, 2024 and December 31, 2023, the liability associated with our MGP sites in Connecticut was $112 million, the remediation costs of which could be significant and will be subject to a review by PURA as to whether these costs are recoverable in rates.
As of March 31, 2024 and December 31, 2023, our total recorded liability to investigate and perform remediation at all known inactive MGP sites discussed above and other sites was $245 million and $250 million, respectively. We recorded a corresponding regulatory asset, net of insurance recoveries and the amount collected from FirstEnergy, as described below, because we expect to recover the net costs in rates. Our environmental liability accruals are recorded on an undiscounted basis and are expected to be paid through the year 2058.
FirstEnergy
NYSEG and RG&E each sued FirstEnergy under the Comprehensive Environmental Response, Compensation, and Liability Act to recover environmental cleanup costs at certain former MGP sites, which are included in the discussion above. In 2011, the District Court issued a decision and order in NYSEG’s favor, which was upheld on appeal, requiring FirstEnergy to pay NYSEG for past and future clean-up costs at the sixteen sites in dispute. In 2008, the District Court issued a decision and order in RG&E's favor requiring FirstEnergy to pay RG&E for past and future clean-up costs at the two MGP sites in dispute. FirstEnergy remains liable for a substantial share of clean up expenses at the MGP sites. Based on projections as of March 31, 2024, FirstEnergy’s share of clean-up costs owed to NYSEG & RG&E is estimated at approximately $8 million and $5 million, respectively. These amounts are being treated as contingent assets and have not been recorded as either a receivable or a decrease to the environmental provision. Any recovery will be flowed through to NYSEG and RG&E customers, as applicable.
English Station
On August 4, 2016, DEEP issued a partial consent order (the consent order), that requires UI to investigate and remediate certain environmental conditions within the perimeter of a former generation site on the Mill River in New Haven (English Station) that UI sold to Quinnipiac Energy in 2000. Under the consent order, to the extent that the cost of this investigation and remediation is less than $30 million, UI will remit to the State of Connecticut the difference between such cost and $30 million. UI must comply with the terms of the consent order, but may seek to recover costs above $30 million in consultation with the state. UI continues its activities to investigate and remediate the environmental conditions at the site. In 2023 and 2024, DEEP sent UI a series of letters requesting details on remediation plans and security, which UI has responded to.
On January 25, 2024, DEEP issued a notice of declaratory ruling to determine the “high occupancy standard” necessary “to abate on-site pollution and impacts for industrial/commercial use of the Site…inside the buildings” as referenced in section (B)(1)(e)(4) of the Partial Consent Order. On February 26, 2024, UI was granted intervenor status and it subsequently submitted its written comments objecting to the proceedings on March 11, 2024. On January 29, 2024, DEEP served UI with a Summons and Complaint seeking injunctive relief and enforcement of the consent order from the Connecticut Superior Court. On April 9, 2024, the application to transfer the proceedings to the Complex Litigation Docket of the Connecticut Superior Court was granted. The court also granted UI’s Motion to Stay the proceeding until the April 30, 2024 court conference.
As of both March 31, 2024 and December 31, 2023, the amount reserved related to English Station was $19 million. Since its inception, we have recorded $35 million to the reserve which has been offset with cash payments over time. We cannot predict the outcome of these proceedings.
Eagle Takings Inquiry
In April 2023, Avangrid Renewables received a letter from the U.S. Fish and Wildlife Service regarding certain bald and golden eagle fatalities that allegedly occurred at certain Avangrid Renewables facilities that are not covered by an eagle take permit. Avangrid Renewables has responded to the U.S. Fish and Wildlife Service providing information about the relevant eagle taking permit applications and relevant mitigation activity at each facility. On February 12, 2024, the U.S. Fish and Wildlife Service published a new Eagle Rule, superseding the 2016 Eagle Rule. Avangrid Renewables subsequently communicated to the U.S. Fish and Wildlife Service that it would be applying for the General Permit option under the new Eagle Rule and is waiting for the permit application form to become available in the preferred electronic permit platform, ePermits. The U.S. Fish and Wildlife Service acknowledged receipt of this communication. We cannot predict the outcome of these applications.
Note 10. Post-retirement and Similar Obligations
We made $1 million of pension contributions for the three months ended March 31, 2024. We expect to make additional contributions of $27 million for the remainder of 2024.
The components of net periodic benefit cost for pension benefits for the three months ended March 31, 2024 and 2023, respectively, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | Three Months Ended March 31, | | | | | | | | |
| | | | | | 2024 | | 2023 | | | | | | | | |
(Millions) | | | | | | | | | | | | | | | | |
Service cost | | | | | | $ | 2 | | | $ | 2 | | | | | | | | | |
Interest cost | | | | | | 28 | | | 30 | | | | | | | | | |
Expected return on plan assets | | | | | | (40) | | | (36) | | | | | | | | | |
Amortization of: | | | | | | | | | | | | | | | | |
Prior service costs | | | | | | — | | | — | | | | | | | | | |
Actuarial loss | | | | | | 7 | | | 1 | | | | | | | | | |
| | | | | | | | | | | | | | | | |
Net Periodic Benefit Cost | | | | | | $ | (3) | | | $ | (3) | | | | | | | | | |
The components of net periodic benefit cost for postretirement benefits for the three months ended March 31, 2024 and 2023, respectively, consisted of:
| | | | | | | | | | | | | | | | | | |
| | | | Three Months Ended March 31, |
| | | | | | 2024 | | 2023 |
(Millions) | | | | | | | | |
Service cost | | | | | | $ | — | | | $ | — | |
Interest cost | | | | | | 3 | | | 3 | |
Expected return on plan assets | | | | | | (1) | | | (1) | |
Amortization of: | | | | | | | | |
Prior service costs | | | | | | — | | | — | |
Actuarial loss | | | | | | (1) | | | (3) | |
Net Periodic Benefit Cost (Credit) | | | | | | $ | 1 | | | $ | (1) | |
Note 11. Equity
As of both March 31, 2024 and December 31, 2023, we had 103,889 shares of common stock held in trust, respectively, and no convertible preferred shares outstanding. During the three months ended March 31, 2024 and 2023, we issued 135,345 and 12,332 shares of common stock, respectively, each having a par value of $0.01, and released 0 shares of common stock held in trust.
We maintain a repurchase agreement with J.P. Morgan Securities, LLC. (JPM), pursuant to which JPM will, from time to time, acquire, on behalf of Avangrid, shares of common stock of Avangrid. The purpose of the stock repurchase program is to allow Avangrid to maintain Iberdrola's relative ownership percentage of approximately 81.5%. The stock repurchase program may be suspended or discontinued at any time upon notice. As of March 31, 2024, a total of 997,983 shares have been repurchased in the open market, all of which are included as Avangrid treasury shares. The total cost of all repurchases, including commissions, was $47 million as of March 31, 2024.
Accumulated Other Comprehensive Income (Loss)
Accumulated Other Comprehensive Loss for the three months ended March 31, 2024 and 2023, respectively, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | As of December 31, | | | | Three Months Ended March 31, | | As of March 31, | | As of December 31, | | | | Three Months Ended March 31, | | As of March 31, | | |
| | 2023 | | | | 2024 | | 2024 | | 2022 | | | | 2023 | | 2023 | | |
(Millions) | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | |
Net loss on pension plans | | (21) | | | | | — | | | (21) | | | (20) | | | | | — | | | (20) | | | |
Unrealized (loss) gain from equity method investment, net of income tax expense of $0 for 2024 and $0 for 2023 (a) | | 18 | | | | | — | | | 18 | | | 13 | | | | | (1) | | | 12 | | | |
Unrealized loss during period on derivatives qualifying as cash flow hedges, net of income tax benefit of $15 for 2024 and $(1) for 2023 | | (178) | | | | | 39 | | | (139) | | | (195) | | | | | (2) | | | (197) | | | |
Reclassification to net income of losses on cash flow hedges, net of income tax expense (benefit) of $2 for 2024 and $18 for 2023 (b) | | 156 | | | | | 7 | | | 163 | | | 22 | | | | | 52 | | | 74 | | | |
Loss (gain) on derivatives qualifying as cash flow hedges | | (22) | | | | | 46 | | | 24 | | | (173) | | | | | 50 | | | (123) | | | |
Accumulated Other Comprehensive Income (Loss) | | $ | (25) | | | | | $ | 46 | | | $ | 21 | | | $ | (180) | | | | | $ | 49 | | | $ | (131) | | | |
(a) Foreign currency and interest rate contracts.
(b) Reclassification is reflected in the operating expenses and interest expense, net of capitalization line items in our consolidated statements of income.
Note 12. Earnings Per Share
Basic earnings per share is computed by dividing net income attributable to Avangrid by the weighted-average number of shares of our common stock outstanding. During the three months ended March 31, 2024 and 2023, while we did have securities that were dilutive, these securities did not result in a change in our earnings per share calculations.
The calculations of basic and diluted earnings per share attributable to Avangrid, for the three months ended March 31, 2024 and 2023, respectively, consisted of:
| | | | | | | | | | | | | | | | | | |
| | | | Three Months Ended March 31, |
| | | | | | 2024 | | 2023 |
(Millions, except for number of shares and per share data) | | | | | | | | |
Numerator: | | | | | | | | |
Net income attributable to Avangrid | | | | | | $ | 351 | | | $ | 245 | |
Denominator: | | | | | | | | |
Weighted average number of shares outstanding - basic | | | | | | 386,916,234 | | | 386,744,996 | |
Weighted average number of shares outstanding - diluted | | | | | | 387,239,544 | | | 387,077,213 | |
Earnings per share attributable to Avangrid | | | | | | | | |
Earnings Per Common Share, Basic | | | | | | $ | 0.91 | | | $ | 0.63 | |
Earnings Per Common Share, Diluted | | | | | | $ | 0.91 | | | $ | 0.63 | |
Note 13. Segment Information
Our segment reporting structure uses our management reporting structure as its foundation to reflect how Avangrid manages the business internally and is organized by type of business. We report our financial performance based on the following two reportable segments:
•Networks: includes all of the energy transmission and distribution activities, any other regulated activity originating in New York and Maine and regulated electric distribution, electric transmission and gas distribution activities originating in Connecticut and Massachusetts. The Networks reportable segment includes nine rate regulated operating segments. These operating segments generally offer the same services distributed in similar fashions, have the same types of
customers, have similar long-term economic characteristics and are subject to similar regulatory requirements, allowing these operations to be aggregated into one reportable segment.
•Renewables: activities relating to renewable energy, mainly wind energy generation and trading related with such activities.
The chief operating decision maker evaluates segment performance based on segment adjusted net income defined as net income adjusted to exclude mark-to-market earnings from changes in the fair value of derivative instruments and accelerated depreciation from the repowering of wind farms.
Products and services are sold between reportable segments and affiliate companies at cost. Segment income, expense and assets presented in the accompanying tables include all intercompany transactions that are eliminated in our condensed consolidated financial statements. Refer to Note 4 - Revenue for more detailed information on revenue by segment.
Segment information as of and for the three months ended March 31, 2024, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Three Months Ended March 31, 2024 | | Networks | | Renewables | | Other (a) | | Avangrid Consolidated |
(Millions) | | | | | | | | |
Revenue - external | | $ | 2,017 | | | $ | 400 | | | $ | — | | | $ | 2,417 | |
Revenue - intersegment | | 1 | | | — | | | (1) | | | — | |
Depreciation and amortization | | 178 | | | 118 | | | 2 | | | 298 | |
Operating income (loss) | | 353 | | | 60 | | | (6) | | | 407 | |
Earnings from equity method investments | | 4 | | | 2 | | | — | | | 6 | |
Interest expense, net of capitalization | | 89 | | | 4 | | | 32 | | | 125 | |
Income tax expense (benefit) | | 57 | | | (6) | | | (31) | | | 20 | |
Adjusted net income (loss) | | 268 | | | 84 | | | (11) | | | 341 | |
Capital expenditures | | 691 | | | 179 | | | 2 | | | 872 | |
As of March 31, 2024 | | | | | | | | |
Property, plant and equipment | | 22,068 | | | 11,243 | | | 12 | | | 33,323 | |
Equity method investments | | 188 | | | 648 | | | — | | | 836 | |
Total assets | | $ | 31,238 | | | $ | 14,114 | | | $ | (290) | | | $ | 45,062 | |
(a) Includes Corporate and intersegment eliminations.
Segment information for the three months ended March 31, 2023 and as of December 31, 2023, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Three Months Ended March 31, 2023 | | Networks | | Renewables | | Other (a) | | Avangrid Consolidated |
(Millions) | | | | | | | | |
Revenue - external | | $ | 2,076 | | | $ | 390 | | | $ | — | | | $ | 2,466 | |
| | | | | | | | |
Depreciation and amortization | | 174 | | | 105 | | | 1 | | | 280 | |
Operating income (loss) | | 277 | | | (10) | | | (2) | | | 265 | |
Earnings (losses) from equity method investments | | 4 | | | (2) | | | — | | | 2 | |
Interest expense, net of capitalization | | 70 | | | 6 | | | 19 | | | 95 | |
Income tax expense (benefit) | | 44 | | | (34) | | | (28) | | | (18) | |
Adjusted net income (loss) | | 195 | | | 51 | | | 1 | | | 248 | |
Capital expenditures | | 609 | | | 227 | | | — | | | 836 | |
As of December 31, 2023 | | | | | | | | |
Property, plant and equipment | | 21,692 | | | 11,153 | | | 12 | | | 32,857 | |
Equity method investments | | 186 | | | 532 | | | — | | | 718 | |
Total assets | | $ | 30,413 | | | $ | 14,538 | | | $ | (962) | | | $ | 43,989 | |
(a) Includes Corporate and intersegment eliminations.
Reconciliation of Adjusted Net Income to Net Income attributable to Avangrid for the three months ended March 31, 2024 and 2023, respectively, is as follows:
| | | | | | | | | | | | | | | | | | |
| | | | Three Months Ended March 31, |
| | | | | | 2024 | | 2023 |
(Millions) | | | | | | | | |
Adjusted Net Income Attributable to Avangrid, Inc. | | | | | | $ | 341 | | | $ | 248 | |
Adjustments: | | | | | | | | |
Mark-to-market adjustments - Renewables (1) | | | | | | 17 | | | (4) | |
Accelerated depreciation from repowering (2) | | | | | | (3) | | | — | |
Income tax impact of adjustments | | | | | | (4) | | | 1 | |
Net Income Attributable to Avangrid, Inc. | | | | | | $ | 351 | | | $ | 245 | |
(1)Mark-to-market earnings relates to earnings impacts from changes in the fair value of Renewables' derivative instruments associated with electricity and natural gas.
(2)Represents the amount of accelerated depreciation derived from the repowering of wind farms in Renewables.
Note 14. Related Party Transactions
We engage in related party transactions that are generally billed at cost and in accordance with applicable state and federal commission regulations.
Related party transactions for the three months ended March 31, 2024 and 2023, respectively, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
Three Months Ended March 31, | | 2024 | | 2023 |
(Millions) | | Sales To | | Purchases From | | Sales To | | Purchases From |
Iberdrola, S.A. | | $ | — | | | $ | (12) | | | $ | — | | | $ | (11) | |
Iberdrola Renovables Energía, S.L. | | $ | — | | | $ | (2) | | | $ | — | | | $ | (2) | |
Iberdrola Financiación, S.A. | | $ | — | | | $ | (16) | | | $ | — | | | $ | (4) | |
Vineyard Wind | | $ | 3 | | | $ | — | | | $ | 2 | | | $ | — | |
| | | | | | | | |
| | | | | | | | |
Related party balances as of March 31, 2024 and December 31, 2023, respectively, consisted of:
| | | | | | | | | | | | | | | | | | | | | | | | | | |
As of | | March 31, 2024 | | December 31, 2023 |
(Millions) | | Owed By | | Owed To | | Owed By | | Owed To |
Iberdrola, S.A. | | $ | 1 | | | $ | (12) | | | $ | 1 | | | $ | — | |
Iberdrola Renovables Energía, S.L. | | $ | — | | | $ | (2) | | | $ | 4 | | | $ | — | |
Iberdrola Financiación, S.A. | | $ | — | | | $ | (1,304) | | | $ | — | | | $ | (799) | |
Vineyard Wind | | $ | 4 | | | $ | (8) | | | $ | 6 | | | $ | (8) | |
Iberdrola Solutions | | $ | — | | | $ | (6) | | | $ | — | | | $ | (6) | |
Other | | $ | 4 | | | $ | (1) | | | $ | 4 | | | $ | — | |
Transactions with Iberdrola, our majority shareholder, relate predominantly to the provision and allocation of corporate services and management fees. All costs that can be specifically allocated, to the extent possible, are charged directly to the company receiving such services. In situations when Iberdrola corporate services are provided to two or more companies of Avangrid, any costs remaining after direct charges are allocated using agreed upon cost allocation methods designed to allocate such costs. We believe that the allocation method used is reasonable. See Note 15 for a discussion of the Iberdrola Intragroup Green Loan.
There have been no guarantees provided or received for any related party receivables or payables. These balances are unsecured and are typically settled in cash. Interest is not charged on regular business transactions but is charged on outstanding loan balances. There have been no impairments or provisions made against any affiliated balances.
Avangrid optimizes its liquidity position as part of the Iberdrola Group and is a party to a liquidity agreement with a financial institution, along with certain members of the Iberdrola Group. Cash surpluses remaining after meeting the liquidity requirements of Avangrid and its subsidiaries may be deposited at the financial institution. Deposits, or credit balances, serve as collateral against the debit balances of other parties to the liquidity agreement. The balance at both March 31, 2024 and December 31, 2023, was $0.
On June 18, 2023, Avangrid's credit facility with Iberdrola Financiación, S.A.U., a subsidiary of Iberdrola, matured. The facility had a limit of $500 million. On July 19, 2023, we replaced this credit facility with an increased limit of $750 million and a
maturity date of June 18, 2028. Avangrid pays a quarterly facility fee of 22.5 basis points (rate per annum) on the facility based on Avangrid’s current Moody’s and S&P ratings for senior unsecured long-term debt. As of March 31, 2024 and December 31, 2023, there was $500 million and $0 outstanding amount under this credit facility, respectively.
We have a bi-lateral demand note agreement with Iberdrola Solutions, LLC, which had notes payable balances of $6 million and as of both March 31, 2024 and December 31, 2023.
See Note 19 - Equity Method Investments for more information on transactions with our equity method investees.