J. Wayne Leonard
Analyst · Glenrock Associates
Thanks, Paula. Good morning, everyone. The theme of our 2011 Annual Report to Stakeholders is Adapting to a Changing World. Given the schedules involve for design and illustration, each year, we must select our theme 4 to 5 months in advance of production and distribution. As it turns out, looks like -- so now it looks like we have a foreknowledge of what was to come. It would be except in Philosophy 101, you learn 2 things on day 1. The first is the beginning of all wisdom is to know thyself. The second is the only constant in life is change. For some time, we've been communicating to you our plans and initiatives to address risks or uncertainties, and given our strengths and limitations to adapt to the coming reality that we are now facing. Today, I'll update you on where we stand, and will provide a context for our accomplishments and our challenges. Starting with one of our key utility initiatives, the proposal for each of the utility operating companies to join a regional transmission organization, specifically, the Midwest Independent System Operator, or MISO. Events continue to move us closer to achieving that goal. In a significant development last week, the Federal Energy Regulatory Commission issued its order conditionally accepting MISO's tariff revisions regarding cost allocations for transmission projects upon introduced transition into the MISO RTO. Just to remind you, last September, FERC denied MISO's request for tariff waiver to implement this same proposal. Moreover, FERC noted in its order that it was not making any findings on the merits of the proposal at that time. The request for the tariff waiver was just a wrong procedural vehicle to implement the proposal. In the April 19 ruling on the merits, FERC founded that it was just and reasonable for MISO and its existing transmission owners to agree to establish a transition period to ensure that no entity must bear the cost of transmission facilities from which it has not been showing the benefit, consistent with traditional cost causation principles. Prior to this FERC ruling, on March 16, Entergy Arkansas reached a settlement with its Arkansas co-owners in its coal-generating plants, including Arkansas Electric Cooperative Corporation, one of the intervenors in the FERC proceeding. The settlement will include how the plant will operate after Entergy Arkansas integrates into MISO. This agreement extends the benefits of MISO participation to all co-owner utilities if the Arkansas Public Service Commission approves the Entergy Arkansas' proposal to join MISO. Combined with Entergy Arkansas, these groups represent 80% of all Arkansas electric customers in the state. In addressing other concerns, utilities have agreed to give the Entergy Regional State Committee, upon unanimous vote, the authority to direct the operating companies to add projects within the Entergy region to MISO's transmission expansion plan during the 5-year transition period after the Entergy utilities join MISO. This arrangement is designed to address concerns expressed by regulators. FERC's reason is based on [ph] transmission cost allocations along with the additional authority to add projects to help address the stated concerns on MISO and provide a wider path for the receipt of necessary regulatory approvals and for a seamless and successful integration and realization of up to $1.4 billion to projected net customer savings over 10 years. This projected cost of benefits derived from its joining in RTO with substantial scale in a mature Day 2 market. As you know, Day 2 refers to an RTO that includes day-ahead and real-time energy markets and uses market-based mechanisms to manage congestion. The Day 2 market brings about efficiencies by using 1 central unit commitment and dispatch based on the economics of transmission and generation resources. MISO has one in place today, SPP does not, although it has plans to. Even assuming SPP will get there, further independent third-party analysis has recently undercut the arguments of those who have opposed our proposed move to MISO. In a study prepared by the Charles Rivers Associates for SPP, SPP is the one that commissioned the study, CRA estimates that SPP members would receive $22 million in trade benefits over the 10-year span from 2013 through 2022, as a result of the Entergy and Cleco regions entry into MISO. Not only that, this study projects that those same SPP members would see an increase in net production cost of $17 million if the Entergy and Cleco regions joined SPP instead. At the retail jurisdictions, and testimony filed [ph] in March in Louisiana, all parties, except SPP, conditionally [ph] support, or do not oppose at least, the move to MISO. Hearings are scheduled to begin next week in Louisiana, and at the end of May in Arkansas, with potential decisions coming in at summer. Regulatory proceedings are also underway or will be soon in Mississippi, New Orleans and Texas. Based on the established procedural schedules, or in the case of Texas, a 180-day requirement, we currently anticipate having final decisions on our MISO proposal in all retail jurisdictions by the end of the third quarter or early in the fourth. Of course joining RTO is critical to our transaction with ITC Holdings to completely separate Entergy transmission's business to a spinoff and subsequent merger. Joining MISO is an incremental step in improving our business model. But the ITC transaction is transformational, offering customers and other stakeholders the opportunity to benefit from complete independence, the advantages of scale, and at the same time, greater function. Over the past 3 months, we have continued our outreach efforts in conjunction with ITC to obtain the input and perspective of our regulators and other stakeholders. With the benefit of greater understanding from these discussions, we are preparing to make initial retail regulatory filings beginning around midyear. As I said before, we fully intend for those filings to further explain our view in spinning off and merging our transmission business with an independent transmission company at the caliber of ITC provides a solid platform for the future. There are no perfect solutions to any long-term issues of public policy. There are however, options. Sometimes the idea is simply bold and exciting but the potential for success is a huge leap of faith with enormous risks. Sometimes the idea is simply one whose time has come. The potential and logic are compelling, and success is highly likely. We believe this is clearly the latter of the 2. On balance, we'll ask regulators to consider the net benefit of the transaction. On the one hand, gaining an independent transmission company in a footprint, where even without deregulation, the merged capacity is almost half the size of the regulated capacity in the region and who's sole focus is transmission, versus, on the other hand, a change in jurisdiction as a result of distant [ph] merge. Initiation processes related to other key approvals will follow. The target to close a transaction remains in 2013. Our incoming group President of Utility Operations, Theo Bunting, has been instrumental in developing the regulatory plan we are now executing. Theo will take over the top Utility box on June 1 from Gary Taylor who announced his retirement earlier this year. Gary is on his last earnings call today, which he just reminded me of. And he will certainly be missed. But I know he would tell you that he's turning the Utility over to very capable hands. Theo, who is on the call with us this morning as well, currently serves as Entergy's Senior Vice President and Chief Accounting Officer. In his 20-plus years at Entergy, he had broad-based experience for anything from strategic and financial planning, regulatory strategy and risk management to operational support areas including customer service. He was the obvious choice. Next, I'll review -- briefly recap some other developments. In Mississippi, the annual formula rate plan volume was made in March for the 2011 test year period. The evaluation report reflected an earning return on equity of 10.92% within the performance adjusted bandwidth, therefore, no change in rates. In Louisiana, the Public Service Commission approved Entergy Louisiana, Entergy Gulf States Louisiana's application for the Ninemile 6 project on March 21. As you'll recall earlier this year, the New Orleans City Council authorized Entergy New Orleans' participation. Ninemile 6 is a 550-megawatt new modern state-of-the-art natural gas-fired combined cycle plant we built on the existing Entergy Louisiana site. With regulatory approvals in hand, Entergy Louisiana is with full notice to proceed on its construction of Ninemile 6. The new plant is expected to go in service in the first part of 2015. As you know, we disclosed in the fall of 2010 that we received a civil investigative demand by the U.S. Department of Justice to investigate competitive issues concerning certain generation procurement, dispatch and transmission system practices and policies of the utility operating companies. Due to the confidential nature of this matter, I am limited on what I can say today. All I can say, or more accurately, all they will let me say, is that it remains outstanding. And we believe the documentation we provided to the DOJ demonstrates that our practices and policies have been appropriate and consistent with regulatory orders and industry practice. With respect to our announced acquisitions of the Hinds and Hot Spring facilities, the parties have satisfied their obligations under the Hart-Scott-Rodino Act but the DOJ is still reviewing the transaction. I do not know if the complexities of our discussions with DOJ will affect the timing of DOJ's review of the Hot Spring's and Hinds' transactions. Obviously, we don't think it should, but you should be aware of that possibility. Also at utility, I'm proud to report that once again for the 14th consecutive year, Entergy was recognized with its leadership in storm restoration. This year, we won both Edison Electric Institute's Emergency Recovery and Emergency Assistance Awards. The 2012 hurricane season starts June 1. And happily, predictions call for a contained season, but of course it only takes one. So if a severe storm strikes, we will be prepared as always. At Entergy wholesale commodities, Vermont Yankee nuclear plant entered the period with extended operation under its renewed Nuclear Regulatory Commission 20-year license on March 22. Three days before that, rulings by the Federal District Court and the Vermont Public Service Board provided the clarity we requested that VY would continue to operate while legal and regulatory proceedings are pending. The Vermont Attorney General and the Vermont Department of Public Service have stated their agreement with that, and the Vermont Public Service Board has acknowledged this reality even if they don't agree. On April 16, we filed our amended petition for a Certificate of Public Good for continued operations required by Vermont Public Service Board in their order to resume the proceeding in a new docket. Vermont Yankee's continued operations supports the public good through employment taxes and other sources of government revenue to Vermont, which together with the multiplier effect call for substantial economic benefits to the state. Continued operation also provides for potential sharing of revenues, offering value protection against higher energy prices in the future. The Public Service Board has scheduled a status conference for May 2, which may shed some light on the time line. Concurrently, briefings in Vermont's appeal of the January district court decision to the 2nd Circuit Court of Appeals in New York are likely to extend through most of 2012, assuming this process [ph] takes its maximum amount of time. As said, the decision is not expected until well under 2013. At Pilgrim, just a few days ago, the NRC key staff issued a memorandum asking the NRC commissioners to authorize the issuance of the Pilgrim's renewed license. A response was requested of the commissioners on their recommendation by May 8 that specifically noted that although a new late file contention has been referred to the Atomic Safety and Licensing Board, or ASLB, when an appeal of an ASLB decision is pending upon the commission, the NRC is not compelled to await exhaustion of those appeals before renewing the operating license. This represents an important step. That said though, the commissioner has requested a decision from the ASLB on admissibility of the new late contention by no later than May 29. That said, they may wait until that day before taking any action. With the license expiration date of June 8 just around the corner, we're not there yet. But in any event, the NRC's timely renewal doctrine would apply to allow continued operation if the proceedings extend past June 8. We continue to believe none of the items identified should preclude the issuance of Pilgrim's license renewal through 2032. Regarding Indian Point, NRC and state proceedings related to license renewal remains ongoing. But we know you've been following with interest Governor Cuomo's Energy Highway initiative, which has brought more attention to Indian Point. First of all, this initiative is very preliminary. In the preliminary meetings to date, the State of New York has not expressed the goal of closing Indian Point. It has either good legal advice or good common sense, instead, the New York administration has identified the uncertainty regarding continued operation in light of other proceedings, specifically license renewal and related state water quality proceedings. The continued operation of Indian Point advances New York's stated goals and objectives, and directly provides high value jobs to more than 1000 workers in the State of New York. Indian Point's continued operation is essential to achieving environmental sustainability, affordable energy and long-term reliability of electric systems. Those interests were described and quantified in last summer's independent Charles Rivers Associates report prepared for New York City's Environmental Protection Department. In other developments regarding Indian Point, the U.S. Court of Appeals for the Federal Circuit issued a decision on damage claims against the U.S. Department of Energy for its breach of obligations regarding the spent fuel disposal contract for Indian Point units 1 and 2. Assuming no further appeals are filed, EWC could receive cash payments estimated to be in the range of $100 million in the next several months. For our other nuclear plants, damage claims for DOE's failure to begin disposal of spent fuel in 1998 are in various stages of planning or litigation. While we had a number of tactical and strategic successes during the quarter, financial results are negatively impacted by a number of items, resulting in the decision to reduce our 2012 operational earnings range even though it is still early in the year. In a few minutes, Leo will review the details. As he does, keep in mind that in our view, the underlying issues are either not new or are noncash or in some cases, both. First, financial results in the quarter were negatively impacted by unseasonably mild temperatures this winter, a reversal of the colder than normal weather over the past 2 years. To put it in perspective, the southern region had the third warmest first quarter in 118 [ph] years of record keeping. In fact, Arkansas and Mississippi set a record for the warmest March over that same time period, with Louisiana and Texas not far behind at third and sixth warmest, respectively. In the context of long-term valuation, credit cannot be given for the highest and lowest, of course, of weather. But nevertheless, the bottom line is, we're out $32 million of cash after tax due to the weather. Another factor reflected in our revised 2012 earnings outlook is the impact of historically low interest rates and the termination of pension expense. As we discussed in our last earnings call in January, final pension expense assumptions were different than what we assumed in setting guidance. The discount rate was overestimated, and we later received updated information on other pension assumptions. Finally, the 2 charges for the Vermont Yankee impairment and the regulatory asset writeoff are noncash in nature. In the case of the regulatory asset, customer rates are unaffected by the change -- by the charge, I'm sorry. Rather we had an asset recorded on our financial book on an accounting method that goes back to the Gulf States' acquisition in the mid-90s that was simply overstated. For Vermont Yankee, whatever you believe about the value of the plant, that should not have changed because of the impairment charge. Impairment cash as the accountants refer to it, is a valuation that has been consistently performed and disclosed by use into state actions necessitated in 2010. The ramifications of this low natural gas price environment is not unique to Vermont Yankee but the key for us was whether there has been a triggering event requiring an impairment evaluation as in the case of Vermont Yankee. Due to Vermont Yankee's unique position in the courts, this accounting valuation requires consideration of all potential outcomes resulting in a value that is discounted through a legal uncertainty. This impairment reflects the result at March 31 of the applying the accounting rules applicable to VY, utilizing our best judgment and in consultation with our external accounting advisers who have also been involved in our -- in other past accounting valuations. This chart does not reflect a change in Entergy's point of view on the legal and state regulatory proceedings nor on the economic value of the plant based on our point of view assuming it operates for another 20 years. In any event, we could try to excuse the accounting issue as basically noncash and nonrecurring, but it's our job to deliver results you expect and clearly, we didn't. That does not mean we've given up or thrown in the towel in 2012. We will continue to work to meet or even exceed our original earnings guidance, but the numbers just aren't there right now. With natural gas and power prices continue to fall and gas inventories overflowing as well as the full trend of regulatory and legal challenges at the utility and EWC, it sometimes seeing some news is all negative. It's not. The Board of Directors and management team are focused on adapting to the world as it is, and as it will be, not how we wish it to be. There are ever new challenges but there will be opportunities that come along with those changes. For example, initiatives like the MISO proposal and the ITC spin-merge transaction create real benefits for our customers and other stakeholders and reflect our first rule, know thyself. The structure delivers value we simply cannot do on our own. There are others similar opportunities. Commodity prices have a long history of volatility, with today's bearish natural gas price levels, which are likely to persist in the near-term, we're closely examining our options to manage through this down cycle, and at the same time prepare the business to capitalize on the option that markets improve. But I should be clear about that. While the current low prices do not appear sustainable, the old days of double-digit natural gas prices do not appear to be realistic either. For the economy, for jobs, for the environment, for customers, for sustainable growth, abundant natural gas in moderate prices creates a promising future. And while low prices may not be the best news for Entergy's merchant fleet, we will adapt. This brings me to the second rule, change is constant, but we will continue adapting, not to losing but to new ways of doing business and creating more flexible, flexibility, agility and greater options. And now I will turn the call over to Leo.