J. Leonard
Analyst · Bank of America
Good morning, everyone. I'm pleased to report another quarter of solid financial performance, which Leo will review with you in a moment. Quarterly operational earnings per share topped the second quarter records set just 1 year ago, despite the effect of the depressed power pricing on the wholesale business, the power price contracts roll off. We continue to pursue a full agenda of strategic initiatives that will take some time to fully play out. In the meantime, the commodity markets, which are showing some signs of long-term recovery, will continue to be a drag on earnings for at least the next couple of years. I'll begin today by providing an update on the progress that we've made on some of those key initiatives. Starting at the utility. Our utility companies have worked hard for a long time to secure regulatory structures and mechanisms that allow a real opportunity to earn returns commensurate with investment alternatives at comparable risk. You will see that these efforts are coming to fruition, as you review the financial results. For example, since the end of 2001, average residential rates have increased a little over 0.5% per year over the near 10-year period or almost flat for 10 years, while utility operational earnings per share at the midpoint of the 2011 guidance is nearly double the operational results 10 years ago. At the same time, our operational and our safety performance and our environmental record continues to set new company standards. Our voluntary CO2 emissions reductions put us over 20% below the year 2000 level. Formula rate plan filing for 2010 reflects earnings consistent with each company's bandwidth ranges in Louisiana and Mississippi, and we are above the range in New Orleans. Unseasonable weather in 2010, both a warm summer and a cold winter, contributed to these results, with industry Gulf States Louisiana -- Entergy Louisiana and Entergy New Orleans, near the top end or above the range. In total, the New Orleans 2010 FRP filing reflected a $7.6 million decrease in electric and gas rates. Also included in the Entergy New Orleans May filing was the request to increase storm funding by about $20 million to replace the cash storm reserve after expenditures for hurricanes Gustav and Ike, allowing the cash storm reserve to reach the approved $75 million level on schedule by 2017. The electric and gas rate changes are expected to be effective in October. Turning to Texas. Legislation was enacted in May, allowing for a special rider to periodically adjust rates for changes in distribution estimate. The Public Utility Commission of Texas is now in the process of repairing the rule-making and rate filing package to be completed by late September. Entergy Texas also continues efforts to achieve a purchased power capacity rider after the PUCT reopened a rule-making earlier this year. The introduction of a distribution rider and a purchased power capacity rider, coupled with the transmission rider, already authorized, would provide industry Texas' additional tools similar to those in place in other jurisdictions that efficiently and effectively promote the public interest and align shareholder and customer economic interests. If final rules are adopted, ETI has the opportunity to file for 1 or more of the 3 riders in 2012, depending on circumstances related to a more complete review of overall cost. The utility also continued to execute its capital investment commitments related to last year's resource selections in the summer 2009 long-term request for proposal. In June, Entergy Louisiana filed a request seeking Louisiana Public Service Commission approval to construct the 550-megawatt Ninemile 6 combined-cycle plant. The total project cost is estimated at $721 million, excluding interconnection and transmission upgrades. Under the current proposed structure, Entergy Louisiana would own the plant, retain 55% of the energy and capacity, and sell the balance under a life-of-the-unit power purchase agreement to Entergy Gulf States Louisiana and Entergy New Orleans. The June LPSC filing also requested approval for Entergy Gulf States Louisiana to enter into the PPA for its 25% share of the output of Ninemile 6. Entergy New Orleans also filed with the City Council seeking authorization to purchase 20% under its life-of-unit PPA with Entergy Louisiana. LPSC approval was requested by January 2012 in order to issue full notice to proceed and maintain the construction scheduled for a targeted commercial operations date by the summer of 2015. Regulatory filings were also submitted, seeking acquisition approval and rider recovery upon transaction closing, for the 620 megawatt Hot Spring power plant in Arkansas and a 450-megawatt Hinds power plant in Mississippi. Closing on both acquisitions is targeted for mid-2012, subject to receive federal and state approvals and other closing conditions. In transmission, on May 12, utility operating companies each filed reports detailing the rationale for joining the Midwest ISO. Total net production cost savings range from $1.1 billion to $1.4 billion compared to $0.8 billion to $1.1 billion by joining the Southwest Power Pool over the 10-year period from 2013 to 2022, compared to the status quo. Production cost savings are projected to be realized for customers in all operating companies. The reports emphasized the known benefits to our customers that a mature, functioning, large Day 2 market. Then on July 1, FERC issued an order on the joint operating agreement between SPP and MISO, that confirmed additional power flow between MISO and Entergy would be available over and above the 1,000-megawatt interconnection assumed in the cost benefit analysis. That's the amortized [ph] that you often hear about. At issue was whether the joint operating agreement, allowed sharing of available transmission capacity often called loop flows, between MISO, SPP and Entergy Arkansas in the event Entergy Arkansas joins MISO. FERC found, consistent with past FERC policy, that if Entergy Arkansas joins MISO, the joint operating agreement will allow market flows between MISO and the Entergy system across the interconnected SPP member facilities or the shared flow gate. While additional details may be resolved between MISO and SPP on compensation matters, FERC's decision on the JOA and the ability to utilize surrounding transmission lines above the 1000-megawatt interconnection previously assumed for purposes of a conservative analysis, will only serve to increase the potential benefit for joining MISO. Beyond the clear economic benefits of MISO, other factors favored MISO over the alternatives. It's mature operating Day 2 market, larger geography, load and generation resources, scale and diversity, and transition cost allocation policies that are better aligned with our principles on cost causation. For years, we have advocated the efficiency of the cost causation principle, despite -- what we'd often call participant funding, despite pressures to move to a more cost allocation based tariff or what others call rolled-in rates. Speaking about FERC order 1000, after its July 1 issuance, FERC Chairman Wellinghof stated that a fundamental principle of the new rule is that if there are no benefits, there will be no cost allocated. FERC's policy, deploying cost allocation to be roughly commensurate with the benefits is more aligned with the efficiency and equity of cost causation principles and should provide the protection for our customers similar to those that we have long fought for. However, the effectiveness of the new rule will depend on how it is implemented in the various regions. Since the May 12 filings, utilities have continued to participate in technical conferences and meetings, and have provided additional details on the analysis as requested by regulators. The Arkansas Public Service Commission has a hearing scheduled for September, and the docket addressing the system agreement and MISO. Joining MISO marks a significant transformation of the Entergy system, providing greater independence, transparencies and efficiencies, addressing the exit of Entergy Arkansas and Entergy Mississippi from the system agreement, as well as providing substantial benefits to our customers, contributing to the ability to maintain affordable rates for Entergy's utility customers. Utility continues to target a system wide cut over to MISO by December 2013. Moving on to Entergy wholesale commodities. Starting with Vermont Yankee. Last Monday, we announced that Entergy's Board of Directors voted to proceed with the October refueling outage. This decision followed the board's careful deliberation on the merits of the case we filed and the arguments put forth by all parties at the preliminary injunction hearing conducted in June. The court has put this case on an accelerated schedule for a mid-September trial on the merits of the case. Given that we are in litigation, that's about all we can say about that for the time being. However, even with this expedited trial schedule, this litigation could well continue for an extended period of time, given the potential for appeals to the Second Circuit and a writ to the U.S. Supreme Court, as many have speculated where this will all ultimately end. Turning to matters in New York. Progress continues on the regulatory front related to license renewal. The Atomic Safety and Licensing Board issued rulings in July, continuing its work to determine the issues that will be the subject of hearings and the NRC staff determined that a supplement to the safety evaluation report is wanted to document their updated safety reviews. As a result, hearings at the ASLB likely will not occur earlier than mid-2012, with further delays possible, given the complexity of the issues and the number of parties involved. In June, we filed notice with the NRC that the New York State Department of Environmental Conservation had not issued a final decision on our water quality certificate application within the 1-year timeframe required by law. The significance of this is simply that if the NRC agrees that a waiver has occurred, then a new water quality certification is not a requirement for the NRC's issuance at Indian Point's renewed license, but it does not change the need to comply with the New York State water quality standards, which are already subject to proceeding on the State Pollutant Discharge Elimination System permit or SPDES, where the cooling tower versus sludge water screen issues are being addressed. Although the SPDES process protects water quality, it is not linked to the NRC license renewal process like the water quality certificate process did. The ALJ's plan to move forward with the joint preceding for both the water quality certificate and SPDES, pending the waiver by the NRC, hearing some several issues are now expected to begin in the fourth quarter of 2011. Written testimony on the first round of issues was filed July 22, so that process is underway. Final decisions by the EEC on these trial matters representing a subset of issues in the SPDES proceedings are estimated up to be 2 years away and it could go beyond that. Like the likely extended timeframe to resolve issues on the Indian Point's license renewal effort, yesterday, we signed a contract extension with Con Ed for a 500 megawatts of capacity in Entergy out of Indian Point units 2 and 3. The terms of the PPA prevent us from sharing all the details. However, we can tell you, date of the contract is in the contingent, and contingent on license renewal for a 5-year term extending through 2017 and contains market-based pricing mechanisms within a predetermined range, committing low-cost energy to Westchester in New York City while allowing Entergy to meet its goals of hedging energy volumes in periods after license, current license expirations. The vital role of Indian Point in the region was clear in a draft report prepared by the Charles Rivers Associates for the New York City Department of Environmental Protection. Key findings of scenarios without the Indian Point included: Higher wholesale electric cost to consumers beginning at $1.5 billion each year and after consideration of subsidies for uneconomic replacements and likely higher -- lower carbon levels, higher costs quickly rise to over $2 billion per year. The loss of 1,100 direct jobs and associated ancillary jobs supporting the plant, substantial grid reliability issues and increased air pollution estimated at 15%, more carbon emissions and 7% to 8% more NOx. Underscoring these results was released by the EPA in early July of its final rule on cost state air pollution. While we cannot say that we completely understand how EPA did its modeling and believe me, we've tried, or that we agree with the results, or the challenges are not likely by a number of parties, this rule is now final. However, based upon where we stand today in our reading of the rule, New York will need to reduce its summer season NOx emissions by at least 44%, assuming purchase of emission offsets in other states, and by 54% without those offset purchases. This summer, ozone fees [ph] in 2010, Indian Point provided over 7 million-megawatt hours of NOx-free generation. New York will also have to reduce its annual NOx and SO2 emissions. Any emissions in excess of allowed amounts in the state could expose the generators to maximum penalties of $37,500 per ton, per day. And I would emphasize that's per ton per day, and that's a big number. And the end [ph] requirements to submit extra penalty emission allowances under the Clean Air Act. We expect the generators will reflect the cost of NOx and SO2 emissions in their bids and also, market prices will increase as a result. Now, summing it up for New York. I know the Indian Point license renewal is of significant interest to everybody. It is certainly to us. We believe the arguments for license renewal are very strong, and are supported by the facts, as evidenced by the water quality certificate filing at the New York State EEC and NRC filing for license renewal. The NRC process also requires that Indian Point obtains a consistency determination in the New York Department of State under the Federal Coastal Zone Management Act. Indian Point will file this application in due course, and we believe the factual case supports, obtaining the CZM consistency determination, especially since Indian Point is an existing facility, not a new one, and since the plant is not seeking permission to change its operations in the coastal zone. Now perhaps because of the significance of Indian Point or maybe because of the proximity of the plant to many of you that conduct business that reside in New York, there have already been considerable rumors, speculations and questions that we typically refer to as kind of inside baseball stuff. There is an unusual amount of digging on questions that typically don't come up until they're much further into the regulatory process when a public record is starting to emerge. Specifically, speculations on the probability of some sort of settlement of the issues that would provide needed direction to both Entergy in operating the plant and the state for long-term energy planning. We agree that it would make a lot of sense for everyone, given the importance of Indian Point to the energy environmental needs of New York and the surrounding areas. As a point-of-view company, we always had a position on the various issues individually or in total and an economic valuation of what makes sense for our stakeholders at any point in time. Protracted litigation is always an option, but due to the inherent uncertainty and the cost, the certainty equivalent between a settlement and protracted litigation produce different results in our analysis, utilizing sophisticated decision risk analysis and statistical techniques and the best judgments of experts in each area. In other words, some sort of commercial agreement among all the parties is always the preferred option. On the other hand, when the parties cannot find common ground, then we are always prepared to not only rely on the regulatory review process to make our case but exhaust court appeals as necessary to secure a fair or reasonable outcome. In Vermont, we went down various paths to achieve a fair and reasonable outcome, but the nonnegotiable demand from the state to shut down the plant in March 2012 despite the NRC license renewal until 2032 gave us no choice but to seek relief in Federal Court. In New York, it is well known, and we disclosed the fact that it's been our process that we offered a number of options to the state in order to meet their objectives and still achieve our business objectives including a more efficient structure to own the non-utility nuclear assets. In the end, the states' demands on Entergy would have been a step backward in terms of our economic efficiency goals compared to the structure we already have in place. We relied on the regulatory process, and as you know, we did not succeed. And we chose not to appeal to the courts in that instance. In other words, our record supports the fact we practice what we preach. We are a dynamic, emphasis on dynamic, point-of-view company and essentially everything has a price, that is everything except our ethics in plating gray areas of the wall like disclosure issues. Having said that, it is neither appropriate nor advisable to discuss any issue related to any dialogue or any what if that is not part of the public record in the various regulatory processes. We will not answer questions on things like whether we have talked to a certain party, the positions of the company on various issues or whether they are negotiable or speculate on other positions or disclose those positions we think we [ph] might become aware of them. Or any other question that could fuel speculation or create mistrust or otherwise interfere with the regulatory process. Like I said, there have already been a lot of questions or observations, that start to feel like almost reverse psychology in order to solicit responses in areas where we have had a long-held policy of not speculating on. I know there will be a lot more misinformation or rumors with the renewal process duration, but to selectively respond to anyone in particular, despite how much we might want to, given the nature of the rumor is a slippery slope that we are determined to stay off. So you're going to get a lot of no-comments on questions in that area. Our no-comment will not stop others from speculating, but it will not fuel those rumors. I just ask that you trust that we always have your best interest clearly in focus, and we have an open mind on how to best protect and promote that. You all love certainly, who doesn't, with the exception of maybe some option traders out there. But unfortunately, we cannot provide that to you today. But we are very early in the process, and to see things typically unfold sometime seems is better. At Pilgrim, we're pleased to report the completion of 2 open items requiring resolution report of the renewal process and renewed license can be issued. First, in June 30. The NRC staff issued the supplement and safety evaluation report completing the additional safety review of the license renewal application. Then 2 weeks ago, the ASLB issued the decision rejecting on re-amp [ph] from the NRC last year, the only admitted contingent remaining before them. An appeal of this rejection by the ASLB is possible, and other late-file contingents remain outstanding. However, the NRC regulations allow for the issuance of Pilgrim's 20-year license renewal, while any appeals for late file contingents are pending. Before closing, I would remind you of the utility's extraordinary effort to respond to winter storms, tornadoes and floods affecting all aspects of operations this year. Efforts include protecting generating units along the Mississippi River from potential flooding, post-monitoring of transmission facilities to keep targeted lines in operation and restoring approximately 216,000 customer outages from multiple storms, primarily in Arkansas and Mississippi. Not only are our employees the best at responding to these challenges, but they did so more safely than ever, with the fewest number of recordable accidents over any 6-month period in the company's entire history. The utility is well prepared and battle tested as we face the peak of the hurricane season ahead. Lastly, in nuclear operations, in May, the Nuclear Energy Institute announced the top -- 2 of the top industry practice awards recognized in safety innovations for 2 of Entergy's nuclear plants. Scrutiny of the safety of the nuclear industry has never been greater and our employees throughout the company continue to show they are committed and up to the task. And now I will turn the call over to Leo.