e10vq
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
For the Quarterly Period ended March 31, 2010
Commission file number 1-11607
DTE ENERGY COMPANY
(Exact name of registrant as specified in its charter)
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Michigan
(State or other jurisdiction of
incorporation or organization)
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38-3217752
(I.R.S. Employer
Identification No.) |
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One Energy Plaza, Detroit, Michigan
(Address of principal executive offices)
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48226-1279
(Zip Code) |
313-235-4000
(Registrants telephone number, including area code)
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by
Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for
such shorter period that the registrant was required to file such reports), and (2) has been
subject to such filing requirements for the past 90 days.
Yes þ No o
Indicate by check mark whether the registrant has submitted electronically and posted on its
corporate Web site, if any, every Interactive Data File required to be submitted and posted
pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period
that the registrant was required to submit and post such files).
Yes þ No o
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a
non-accelerated filer, or a smaller reporting company. See the definitions of large accelerated
filer, accelerated filer and smaller reporting company in Rule 12b-2 of the Exchange Act.
(Check one):
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Large accelerated filer þ
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Accelerated filer o
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Non-accelerated filer o
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Smaller reporting company o |
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(Do not check if a smaller reporting company)
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Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the
Exchange Act).
Yes o No þ
At
March 31, 2010, 168,409,616 shares of DTE Energys common stock were outstanding, substantially
all of which were held by non-affiliates.
DTE Energy Company
Quarterly Report on Form 10-Q
Quarter Ended March 31, 2010
TABLE OF CONTENTS
Definitions
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ASC
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Accounting Standards Codification |
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ASU
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Accounting Standards Update |
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Company
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DTE Energy Company and any subsidiary companies |
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Customer Choice
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Statewide initiatives giving customers in Michigan the option to choose
alternative suppliers for electricity and gas. |
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Detroit Edison
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The Detroit Edison Company (a direct wholly owned subsidiary of DTE Energy)
and subsidiary companies |
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DTE Energy
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DTE Energy Company, directly or indirectly the parent of Detroit Edison,
MichCon and numerous non-utility subsidiaries |
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EPA
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United States Environmental Protection Agency |
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FASB
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Financial Accounting Standards Board |
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FERC
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Federal Energy Regulatory Commission |
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FTRs
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Financial transmission rights |
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GCR
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A gas cost recovery mechanism authorized by the MPSC that allows MichCon to
recover through rates its natural gas costs. |
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MDEQ
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Michigan Department of Environmental Quality |
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MichCon
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Michigan Consolidated Gas Company (an indirect wholly owned subsidiary of DTE
Energy) and subsidiary companies |
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MISO
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Midwest Independent System Operator is an Independent System Operator and the
Regional Transmission Organization serving the Midwest United States and
Manitoba, Canada. |
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MPSC
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Michigan Public Service Commission |
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Non-utility
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An entity that is not a public utility. Its conditions of service, prices of
goods and services and other operating related matters are not directly
regulated by the MPSC. |
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NRC
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Nuclear Regulatory Commission |
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Production tax credits
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Tax credits as authorized under Sections 45K and 45 of the Internal Revenue
Code that are designed to stimulate investment in and development of
alternate fuel sources. The amount of a production tax credit can vary each
year as determined by the Internal Revenue Service. |
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PSCR
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A power supply cost recovery mechanism authorized by the MPSC that allows
Detroit Edison to recover through rates its fuel, fuel-related and purchased
power costs. |
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Securitization
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Detroit Edison financed specific stranded costs at lower interest rates
through the sale of rate reduction bonds by a wholly-owned special purpose
entity, The Detroit Edison Securitization Funding LLC. |
1
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Subsidiaries
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The direct and indirect subsidiaries of DTE Energy |
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Unconventional Gas
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Includes those oil and gas deposits that originated and are stored in coal
bed, tight sandstone and shale formations |
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VIE
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Variable Interest Entity |
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Units of Measurement |
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Bcf
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Billion cubic feet of gas |
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Bcfe
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Conversion metric of natural gas, the ratio of 6 Mcf of gas to 1 barrel of oil |
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GWh
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Gigawatthour of electricity |
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kWh
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Kilowatthour of electricity |
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Mcf
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Thousand cubic feet of gas |
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MMcf
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Million cubic feet of gas |
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MW
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Megawatt of electricity |
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MWh
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Megawatthour of electricity |
2
Forward-Looking Statements
Certain information presented herein includes forward-looking statements within the meaning
of the Private Securities Litigation Reform Act of 1995 with respect to the financial condition,
results of operations and business of DTE Energy. Forward-looking statements are subject to
numerous assumptions, risks and uncertainties that may cause actual future results to be materially
different from those contemplated, projected, estimated or budgeted. Many factors may impact
forward-looking statements including, but not limited to, the following:
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economic conditions resulting in lower demand, customer conservation and increased thefts
of electricity and gas; |
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changes in the economic and financial viability of our customers, suppliers, and trading
counterparties, and the continued ability of such parties to perform their obligations to
the Company; |
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economic climate and population growth or decline in the geographic areas where we do
business; |
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high levels of uncollectible accounts receivable; |
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access to capital markets and capital market conditions and the results of other
financing efforts which can be affected by credit agency ratings; |
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instability in capital markets which could impact availability of short and long-term
financing; |
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the timing and extent of changes in interest rates; |
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the level of borrowings; |
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the potential for losses on investments, including nuclear decommissioning and benefit
plan assets and the related increases in future expense and contributions; |
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the potential for increased costs or delays in completion of significant construction
projects; |
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the effects of weather and other natural phenomena on operations and sales to customers,
and purchases from suppliers; |
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environmental issues, laws, regulations, and the increasing costs of remediation and
compliance, including actual and potential new federal and state requirements that include
or could include carbon and more stringent mercury emission controls, a renewable portfolio
standard, energy efficiency mandates, a carbon tax or cap and trade structure and ash
landfill regulations; |
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nuclear regulations and operations associated with nuclear facilities; |
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impact of electric and gas utility restructuring in Michigan, including legislative
amendments and Customer Choice programs; |
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employee relations and the impact of collective bargaining agreements; |
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unplanned outages; |
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changes in the cost and availability of coal and other raw materials, purchased power and
natural gas; |
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volatility in the short-term natural gas storage markets impacting third-party storage
revenues; |
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cost reduction efforts and the maximization of plant and distribution system performance; |
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the effects of competition;
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3
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the uncertainties of successful exploration of gas shale resources and challenges in
estimating gas reserves with certainty; |
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impact of regulation by the FERC, MPSC, NRC and other applicable governmental proceedings
and regulations, including any associated impact on rate structures; |
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changes in and application of federal, state and local tax laws and their
interpretations, including the Internal Revenue Code, regulations, rulings, court
proceedings and audits; |
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the amount and timing of cost recovery allowed as a result of regulatory proceedings,
related appeals or new legislation; |
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the cost of protecting assets against, or damage due to, terrorism or cyber attacks; |
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the availability, cost, coverage and terms of insurance and stability of insurance
providers; |
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changes in and application of accounting standards and financial reporting regulations; |
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changes in federal or state laws and their interpretation with respect to regulation,
energy policy and other business issues; and |
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binding arbitration, litigation and related appeals. |
New factors emerge from time to time. We cannot predict what factors may arise or how such
factors may cause our results to differ materially from those contained in any forward-looking
statement. Any forward-looking statements refer only as of the date on which such statements are
made. We undertake no obligation to update any forward-looking statement to reflect events or
circumstances after the date on which such statement is made or to reflect the occurrence of
unanticipated events.
4
Part I Item 1.
Part I Item 1.
DTE Energy Company
Consolidated Statements of Operations (Unaudited)
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Three Months Ended |
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March 31 |
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(in Millions, Except per Share Amounts) |
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2010 |
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2009 |
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Operating Revenues |
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$ |
2,453 |
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$ |
2,255 |
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Operating Expenses |
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Fuel, purchased power and gas |
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995 |
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960 |
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Operation and maintenance |
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652 |
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591 |
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Depreciation, depletion and amortization |
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251 |
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232 |
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Taxes other than income |
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82 |
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80 |
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Other asset (gains) and losses, reserves and impairments, net |
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1 |
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(3 |
) |
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1,981 |
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1,860 |
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Operating Income |
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472 |
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395 |
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Other (Income) and Deductions |
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Interest expense |
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140 |
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132 |
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Interest income |
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(3 |
) |
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(3 |
) |
Other income |
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(19 |
) |
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(24 |
) |
Other expenses |
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8 |
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14 |
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126 |
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119 |
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Income Before Income Taxes |
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346 |
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276 |
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Income Tax Provision |
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116 |
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97 |
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Net Income |
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230 |
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179 |
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Less: Net Income Attributable to Noncontrolling Interests |
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1 |
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1 |
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Net Income Attributable to DTE Energy Company |
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$ |
229 |
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$ |
178 |
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Basic Earnings per Common Share |
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Net Income Attributable to DTE Energy Company |
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$ |
1.38 |
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$ |
1.09 |
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Diluted Earnings per Common Share |
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Net Income Attributable to DTE Energy Company |
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$ |
1.38 |
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$ |
1.09 |
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Weighted Average Common Shares Outstanding |
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Basic |
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166 |
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163 |
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Diluted |
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166 |
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163 |
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Dividends Declared per Common Share |
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$ |
.53 |
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$ |
.53 |
|
See Notes to Consolidated Financial Statements (Unaudited)
5
DTE Energy Company
Consolidated Statements of Financial Position (Unaudited)
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March 31 |
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December 31 |
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(in Millions) |
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2010 |
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2009 |
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ASSETS |
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Current Assets |
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Cash and cash equivalents |
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$ |
193 |
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$ |
52 |
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Restricted cash |
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39 |
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84 |
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Accounts receivable (less allowance for doubtful
accounts of $263 and $262, respectively)
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1,403 |
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1,438 |
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Customer |
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Other |
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60 |
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217 |
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Inventories |
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Fuel and gas |
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233 |
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309 |
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Materials and supplies |
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210 |
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200 |
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Deferred income taxes |
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163 |
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|
167 |
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Derivative assets |
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265 |
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|
|
209 |
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Other |
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|
167 |
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201 |
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2,733 |
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2,877 |
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Investments |
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Nuclear decommissioning trust funds |
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|
859 |
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|
817 |
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Other |
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|
477 |
|
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|
598 |
|
|
|
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|
|
|
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|
1,336 |
|
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|
1,415 |
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Property |
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Property, plant and equipment |
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20,924 |
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20,588 |
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Less accumulated depreciation, depletion and amortization |
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(8,270 |
) |
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(8,157 |
) |
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|
|
|
|
|
|
|
|
12,654 |
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|
12,431 |
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Other Assets |
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Goodwill |
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2,024 |
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2,024 |
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Regulatory assets |
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4,099 |
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4,110 |
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Securitized regulatory assets |
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|
835 |
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|
870 |
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Intangible assets |
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|
54 |
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|
54 |
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Notes receivable |
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|
130 |
|
|
|
113 |
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Derivative assets |
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|
150 |
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|
|
116 |
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Other |
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|
188 |
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|
185 |
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|
7,480 |
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7,472 |
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Total Assets |
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$ |
24,203 |
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|
$ |
24,195 |
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|
|
|
|
|
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|
See Notes to Consolidated Financial Statements (Unaudited)
6
DTE Energy Company
Consolidated Statements of Financial Position (Unaudited)
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March 31 |
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December 31 |
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(in Millions, Except Shares) |
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2010 |
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2009 |
|
LIABILITIES AND EQUITY |
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Current Liabilities |
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|
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Accounts payable |
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$ |
637 |
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$ |
723 |
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Accrued interest |
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|
148 |
|
|
|
114 |
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Dividends payable |
|
|
88 |
|
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|
88 |
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Short-term borrowings |
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|
327 |
|
Gas inventory equalization |
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|
190 |
|
|
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Current portion long-term debt, including capital leases |
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|
677 |
|
|
|
671 |
|
Derivative liabilities |
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|
239 |
|
|
|
220 |
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Other |
|
|
503 |
|
|
|
502 |
|
|
|
|
|
|
|
|
|
|
|
2,482 |
|
|
|
2,645 |
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|
|
|
|
|
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|
|
|
|
|
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|
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Long-Term Debt (net of current portion) |
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|
|
|
|
|
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Mortgage bonds, notes and other |
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|
6,242 |
|
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|
6,237 |
|
Securitization bonds |
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|
717 |
|
|
|
793 |
|
Trust preferred-linked securities |
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|
289 |
|
|
|
289 |
|
Capital lease obligations |
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|
47 |
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|
51 |
|
|
|
|
|
|
|
|
|
|
|
7,295 |
|
|
|
7,370 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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Other Liabilities |
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
2,191 |
|
|
|
2,096 |
|
Regulatory liabilities |
|
|
1,362 |
|
|
|
1,337 |
|
Asset retirement obligations |
|
|
1,456 |
|
|
|
1,420 |
|
Unamortized investment tax credit |
|
|
82 |
|
|
|
85 |
|
Derivative liabilities |
|
|
184 |
|
|
|
198 |
|
Liabilities from transportation and storage contracts |
|
|
92 |
|
|
|
96 |
|
Accrued pension liability |
|
|
699 |
|
|
|
881 |
|
Accrued postretirement liability |
|
|
1,338 |
|
|
|
1,287 |
|
Nuclear decommissioning |
|
|
142 |
|
|
|
136 |
|
Other |
|
|
285 |
|
|
|
328 |
|
|
|
|
|
|
|
|
|
|
|
7,831 |
|
|
|
7,864 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Commitments and Contingencies (Notes 7 and 12) |
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Equity |
|
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Common stock, without par value, 400,000,000 shares
authorized, 168,409,616 and 165,400,045 shares issued
and outstanding, respectively |
|
|
3,388 |
|
|
|
3,257 |
|
Retained earnings |
|
|
3,309 |
|
|
|
3,168 |
|
Accumulated other comprehensive loss |
|
|
(146 |
) |
|
|
(147 |
) |
|
|
|
|
|
|
|
Total DTE Energy Company Equity |
|
|
6,551 |
|
|
|
6,278 |
|
Noncontrolling interests |
|
|
44 |
|
|
|
38 |
|
|
|
|
|
|
|
|
Total Equity |
|
|
6,595 |
|
|
|
6,316 |
|
|
|
|
|
|
|
|
Total Liabilities and Equity |
|
$ |
24,203 |
|
|
$ |
24,195 |
|
|
|
|
|
|
|
|
See Notes to Consolidated Financial Statements (Unaudited)
7
DTE Energy Company
Consolidated Statements of Cash Flows (Unaudited)
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|
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|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Operating Activities |
|
|
|
|
|
|
|
|
Net income |
|
$ |
230 |
|
|
$ |
179 |
|
Adjustments to reconcile net income to net cash from operating activities: |
|
|
|
|
|
|
|
|
Depreciation, depletion and amortization |
|
|
251 |
|
|
|
232 |
|
Deferred income taxes |
|
|
36 |
|
|
|
66 |
|
Other asset (gains), losses and reserves, net |
|
|
1 |
|
|
|
(3 |
) |
Changes in assets and liabilities, exclusive of changes shown separately (Note 15) |
|
|
299 |
|
|
|
365 |
|
|
|
|
|
|
|
|
Net cash from operating activities |
|
|
817 |
|
|
|
839 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investing Activities |
|
|
|
|
|
|
|
|
Plant and equipment expenditures utility |
|
|
(209 |
) |
|
|
(303 |
) |
Plant and equipment expenditures non-utility |
|
|
(30 |
) |
|
|
(23 |
) |
Proceeds from sale of other assets, net |
|
|
13 |
|
|
|
30 |
|
Restricted cash for debt redemption |
|
|
49 |
|
|
|
64 |
|
Proceeds from sale of nuclear decommissioning trust fund assets |
|
|
59 |
|
|
|
113 |
|
Investment in nuclear decommissioning trust funds |
|
|
(68 |
) |
|
|
(113 |
) |
Consolidation of VIEs |
|
|
19 |
|
|
|
|
|
Other |
|
|
(4 |
) |
|
|
(24 |
) |
|
|
|
|
|
|
|
Net cash from (used) for investing activities |
|
|
(171 |
) |
|
|
(256 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Financing Activities |
|
|
|
|
|
|
|
|
Redemption of long-term debt |
|
|
(90 |
) |
|
|
(86 |
) |
Short-term borrowings, net |
|
|
(327 |
) |
|
|
(414 |
) |
Issuance of common stock |
|
|
9 |
|
|
|
9 |
|
Dividends on common stock |
|
|
(88 |
) |
|
|
(86 |
) |
Other |
|
|
(9 |
) |
|
|
(4 |
) |
|
|
|
|
|
|
|
Net cash used for financing activities |
|
|
(505 |
) |
|
|
(581 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Increase in Cash and Cash Equivalents |
|
|
141 |
|
|
|
2 |
|
Cash and Cash Equivalents at Beginning of Period |
|
|
52 |
|
|
|
86 |
|
|
|
|
|
|
|
|
Cash and Cash Equivalents at End of Period |
|
$ |
193 |
|
|
$ |
88 |
|
|
|
|
|
|
|
|
See Notes to Consolidated Financial Statements (Unaudited)
8
DTE Energy Company
Consolidated Statements of Changes in Equity and
Comprehensive Income (Unaudited)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Accumulated |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Other |
|
|
|
|
|
|
Common Stock |
|
Retained |
|
Comprehensive |
|
Noncontrolling |
|
|
(Dollars in Millions, Shares in Thousands) |
|
Shares |
|
Amount |
|
Earnings |
|
Loss |
|
Interest |
|
Total |
|
Balance, December 31, 2009 |
|
|
165,400 |
|
|
$ |
3,257 |
|
|
$ |
3,168 |
|
|
$ |
(147 |
) |
|
$ |
38 |
|
|
$ |
6,316 |
|
|
Net income |
|
|
|
|
|
|
|
|
|
|
229 |
|
|
|
|
|
|
|
1 |
|
|
|
230 |
|
Benefit obligations, net of tax |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
12 |
|
|
|
|
|
|
|
12 |
|
Dividends declared on common
stock |
|
|
|
|
|
|
|
|
|
|
(88 |
) |
|
|
|
|
|
|
|
|
|
|
(88 |
) |
Issuance of common stock |
|
|
204 |
|
|
|
9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9 |
|
Contribution of common stock
to pension plan |
|
|
2,224 |
|
|
|
100 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
100 |
|
Net change in unrealized losses on
derivatives, net of tax |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2 |
|
|
|
|
|
|
|
2 |
|
Net change in unrealized losses on
investments, net of tax |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(13 |
) |
|
|
|
|
|
|
(13 |
) |
Stock-based compensation and other |
|
|
582 |
|
|
|
22 |
|
|
|
|
|
|
|
|
|
|
|
5 |
|
|
|
27 |
|
|
Balance, March 31, 2010 |
|
|
168,410 |
|
|
$ |
3,388 |
|
|
$ |
3,309 |
|
|
$ |
(146 |
) |
|
$ |
44 |
|
|
$ |
6,595 |
|
|
The following table displays comprehensive income for the three-month periods ended March 31:
Comprehensive Income (Unaudited
|
|
|
|
|
|
|
|
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Net income |
|
$ |
230 |
|
|
$ |
179 |
|
|
|
|
|
|
|
|
Other comprehensive income (loss), net of tax: |
|
|
|
|
|
|
|
|
Benefit obligations: |
|
|
|
|
|
|
|
|
Benefit obligation, net of taxes of $1 and $1 |
|
|
2 |
|
|
|
3 |
|
Amounts reclassified to benefit obligations related to consolidation of
VIEs (Note 1), net of taxes of $5 and $- |
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
12 |
|
|
|
3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net unrealized gains (losses) on derivatives: |
|
|
|
|
|
|
|
|
Gains (losses) during the period, net of taxes of $- and $2 |
|
|
1 |
|
|
|
3 |
|
Amounts reclassified to income, net of taxes of $- and $- |
|
|
1 |
|
|
|
(1 |
) |
|
|
|
|
|
|
|
|
|
|
2 |
|
|
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net unrealized gains (losses) on investments: |
|
|
|
|
|
|
|
|
Gains (losses) during the period, net of taxes of $(1) and $1 |
|
|
(3 |
) |
|
|
3 |
|
Amounts reclassified to benefit obligations related to consolidation of
VIEs (Note 1), net of taxes of $(5) and $- |
|
|
(10 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(13 |
) |
|
|
3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Comprehensive income |
|
|
231 |
|
|
|
187 |
|
Less: Comprehensive income (loss) attributable to noncontrolling interests |
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
Comprehensive income attributable to DTE Energy Company |
|
$ |
230 |
|
|
$ |
186 |
|
|
|
|
|
|
|
|
See Notes to Consolidated Financial Statements (Unaudited)
9
DTE Energy Company
Notes to Consolidated Financial Statements (Unaudited)
NOTE 1 ORGANIZATION AND BASIS OF PRESENTATION
Corporate Structure
DTE Energy owns the following businesses:
|
|
|
Detroit Edison, an electric utility engaged in the generation, purchase, distribution and
sale of electric energy to approximately 2.1 million customers in southeast Michigan; |
|
|
|
|
MichCon, a natural gas utility engaged in the purchase, storage, transmission,
distribution and sale of natural gas to approximately 1.2 million customers throughout
Michigan; and |
|
|
|
|
Other segments involved in (1) natural gas pipelines and storage; (2) unconventional gas
project development and production; (3) power and industrial projects and coal
transportation and marketing; and (4) energy marketing and trading operations. |
Detroit Edison and MichCon are regulated by the MPSC. Certain activities of Detroit Edison and
MichCon, as well as various other aspects of businesses under DTE Energy are regulated by the FERC.
In addition, the Company is regulated by other federal and state regulatory agencies including the
NRC, the EPA and MDEQ.
References in this report to Company or DTE are to DTE Energy and its subsidiaries,
collectively.
Basis of Presentation
These Consolidated Financial Statements should be read in conjunction with the Notes to
Consolidated Financial Statements included in the 2009 Annual Report on Form 10-K.
The accompanying Consolidated Financial Statements are prepared using accounting principles
generally accepted in the United States of America. These accounting principles require management
to use estimates and assumptions that impact reported amounts of assets, liabilities, revenues and
expenses, and the disclosure of contingent assets and liabilities. Actual results may differ from
the Companys estimates.
The Consolidated Financial Statements are unaudited, but in our opinion include all adjustments
necessary for a fair presentation of such financial statements. All adjustments are of a normal
recurring nature, except as otherwise disclosed in these Consolidated Financial Statements and
Notes to Consolidated Financial Statements. Financial results for this interim period are not
necessarily indicative of results that may be expected for any other interim period or for the
fiscal year ending December 31, 2010.
Principles
of Consolidation Variable Interest Entity (VIE)
As discussed in Note 3, effective January 1, 2010, we adopted the provisions of ASU 2009-17,
Amendments to FASB Interpretation 46(R). ASU 2009-17 changed the methodology for determining the
primary beneficiary of a VIE from a quantitative risk and rewards-based model to a qualitative
determination. There is no grandfathering of previous consolidation conclusions. As a result,
the Company re-evaluated all prior VIE and primary beneficiary determinations. The requirements of
ASU 2009-17 were adopted on a prospective basis.
The Company evaluates whether an entity is a VIE whenever reconsideration events occur. We
consolidate VIEs for which we are the primary beneficiary. If the Company is not the primary
beneficiary and an ownership interest is held, the VIE is accounted for under the equity method of
accounting. When assessing the determination of the primary beneficiary, we consider all relevant
facts and circumstances, including: the power, through voting or similar rights, to direct the
activities of the VIE that most significantly impact the VIEs economic performance and
10
the obligation to absorb the expected losses and/or the right to receive the expected returns of
the VIE. The Company performs ongoing reassessments of all VIEs to determine if the primary
beneficiary status has changed.
Legal entities within the Companys Power and Industrial Projects segments enter into long-term
contractual arrangements with customers to supply energy-related products or services. The entities
are generally designed to pass-through the commodity risk associated with these contracts to the
customers, with the Company retaining operational and customer default risk. These entities
generally are VIEs. The Company re-evaluated prior VIE and primary beneficiary determinations and,
as a result, began consolidating five entities that were previously accounted for as equity
investments. The primary reason for the change in the primary beneficiary conclusion was the
determination that the Companys responsibility for the management and operations of the VIEs
afforded the Company the power to direct the significant activities of the VIEs.
Detroit Edison financed specific stranded costs at lower interest rates through the sale of rate
reduction bonds by a wholly-owned special purpose entity, Securitization. Detroit Edison performs
servicing activities including billing and collecting surcharge revenue for Securitization. This
entity is a VIE for which the Company is the primary beneficiary.
DTE Energy has interests in various unconsolidated trusts that were formed for the purpose of
issuing preferred securities and lending the gross proceeds to the Company. The assets of the
trusts are debt securities of DTE Energy with terms similar to those of the related preferred
securities. Payments the Company makes are used by the trusts to make cash distributions on the
preferred securities it has issued. We have reviewed these interests and have determined they are
VIEs, but the Company is not the primary beneficiary as it does not have variable interests in the
trusts.
The maximum risk exposure for consolidated VIEs is reflected on our Consolidated Statements of
Financial Position. For non-consolidated VIEs, the maximum risk exposure is generally limited to
our investment and amounts which we have guaranteed.
The following table summarizes the major balance sheet items for consolidated VIEs, including the
newly consolidated VIEs, as of March 31, 2010 and December 31, 2009. Amounts at March 31, 2010
for consolidated VIEs that are either (1) assets of these entities than can be used only to settle
their obligations or (2) liabilities for which creditors do not have recourse to the general credit
of the primary beneficiary are segregated in the restricted amounts column.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
March 31, 2010 |
|
|
Restricted |
|
|
December 31, |
|
(in Millions) |
|
Securitization |
|
|
Other |
|
|
Total |
|
|
Amounts |
|
|
2009 |
|
ASSETS |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cash and cash equivalents |
|
$ |
|
|
|
$ |
15 |
|
|
$ |
15 |
|
|
$ |
2 |
|
|
$ |
7 |
|
Restricted cash |
|
|
27 |
|
|
|
5 |
|
|
|
32 |
|
|
|
32 |
|
|
|
|
|
Accounts receivable |
|
|
40 |
|
|
|
79 |
|
|
|
119 |
|
|
|
44 |
|
|
|
3 |
|
Inventories |
|
|
|
|
|
|
54 |
|
|
|
54 |
|
|
|
|
|
|
|
39 |
|
Other current assets |
|
|
|
|
|
|
6 |
|
|
|
6 |
|
|
|
4 |
|
|
|
|
|
Property, plant and equipment |
|
|
|
|
|
|
381 |
|
|
|
381 |
|
|
|
|
|
|
|
44 |
|
Securitized regulatory assets |
|
|
835 |
|
|
|
|
|
|
|
835 |
|
|
|
835 |
|
|
|
|
|
Notes receivable |
|
|
|
|
|
|
25 |
|
|
|
25 |
|
|
|
18 |
|
|
|
12 |
|
Other assets |
|
|
18 |
|
|
|
29 |
|
|
|
47 |
|
|
|
19 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
920 |
|
|
$ |
594 |
|
|
$ |
1,514 |
|
|
$ |
954 |
|
|
$ |
105 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
LIABILITIES |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Accounts payable and accrued current liabilities |
|
$ |
5 |
|
|
$ |
31 |
|
|
$ |
36 |
|
|
$ |
5 |
|
|
$ |
3 |
|
Current portion long-term debt, including capital leases |
|
|
144 |
|
|
|
7 |
|
|
|
151 |
|
|
|
146 |
|
|
|
|
|
Other current liabilities |
|
|
36 |
|
|
|
23 |
|
|
|
59 |
|
|
|
36 |
|
|
|
4 |
|
Mortgage bonds, notes and other |
|
|
|
|
|
|
39 |
|
|
|
39 |
|
|
|
21 |
|
|
|
|
|
Securitization bonds |
|
|
717 |
|
|
|
|
|
|
|
717 |
|
|
|
717 |
|
|
|
|
|
Capital lease obligations |
|
|
|
|
|
|
24 |
|
|
|
24 |
|
|
|
|
|
|
|
26 |
|
Other long term liabilities |
|
|
6 |
|
|
|
100 |
|
|
|
106 |
|
|
|
6 |
|
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
908 |
|
|
$ |
224 |
|
|
$ |
1,132 |
|
|
$ |
931 |
|
|
$ |
43 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
11
Amounts for non-consolidated VIEs as of March 31, 2010 and December 31, 2009 are as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Restricted |
|
|
|
|
|
|
|
|
Amounts |
|
|
|
|
March 31, |
|
March 31, |
|
December 31, |
(in Millions) |
|
2010 |
|
2010 |
|
2009 |
Other investments |
|
$ |
60 |
|
|
$ |
|
|
|
$ |
178 |
|
Bank loan guarantee |
|
|
11 |
|
|
|
|
|
|
|
11 |
|
Trust preferred linked securities |
|
|
289 |
|
|
|
|
|
|
|
289 |
|
NOTE 2 SIGNIFICANT ACCOUNTING POLICIES
Intangible Assets
The Company has certain intangible assets relating to emission allowances and non-utility
contracts. Emission allowances are charged to fuel expense as the allowances are consumed in the
operation of the business. Our intangible assets related to emission allowances were $9 million at
March 31, 2010 and December 31, 2009. The gross carrying amount and accumulated amortization of
contract intangible assets at March 31, 2010 were $65 million and $20 million, respectively. The
gross carrying amount and accumulated amortization of intangible assets at December 31, 2009 were
$64 million and $19 million, respectively.
Income Taxes
The Companys effective tax rate from continuing operations for the three months ended March 31,
2010 was 34 percent as compared to 35 percent for the three months ended March 31, 2009.
The Company had $7 million of unrecognized tax benefits at March 31, 2010 and at December 31, 2009
that, if recognized, would favorably impact its effective tax rate. The Company believes that it
is reasonably possible that there will be a decrease in unrecognized tax benefits of up to $2
million within the next twelve months.
Offsetting Amounts Related to Certain Contracts
The Company offsets the fair value of derivative instruments with cash collateral received or paid
for those derivative instruments executed with the same counterparty under a master netting
agreement, which reduces both the Companys total assets and total liabilities. As of March 31,
2010, the total cash collateral posted, net of cash collateral received, was $125 million.
Derivative assets and derivative liabilities are shown net of collateral of $35 million and $161
million, respectively. At March 31, 2010, $1 million of cash collateral received not related to
unrealized derivative positions was included in accounts payable.
NOTE 3 NEW ACCOUNTING PRONOUNCEMENTS
Variable Interest Entity
In June 2009, the FASB issued ASU 2009-17, Amendments to FASB Interpretation 46(R). This standard
amends the consolidation guidance that applies to VIEs and affects the overall consolidation
analysis under ASC 810-10, Consolidation. The amendments to the consolidation guidance affect all
entities and enterprises currently within the scope of ASC 810-10, as well as qualifying special
purpose entities that are currently outside the scope of ASC 810-10. Accordingly, the Company
reconsidered its previous ASC 810-10 conclusions, including (1) whether an entity is a VIE,
(2) whether the enterprise is the VIEs primary beneficiary, and (3) what type of financial
statement disclosures are required. ASU 2009-17 is effective as of the beginning of the first
fiscal year that begins after November 15, 2009. The Company adopted the standard as of January 1,
2010. The adoption of the standard resulted in the consolidation of certain entities within the
Power and Industrial Projects segment where the investments in such entities were previously
accounted for under the equity method. See Note 1.
12
Fair Value Measurements and Disclosures
In January 2010, the FASB issued ASU 2010-06, Improving Disclosures about Fair Value Measurements.
ASU 2010-06 requires details of transfers in and out of Level 1 and 2 fair value measurements and
the gross presentation of activity within the Level 3 fair value measurement roll forward. The new
disclosures are required of all entities that are required to provide disclosures about recurring
and nonrecurring fair value measurements. The Company adopted ASU 2010-06 effective January 1,
2010, except for the gross presentation of the Level 3 fair value measurement roll forward which is
effective for annual reporting periods beginning after December 15, 2010 and for interim reporting
periods within those years.
NOTE 4 FAIR VALUE
Fair value is defined as the price that would be received to sell an asset or paid to transfer a
liability in an orderly transaction between market participants at the measurement date in a
principal or most advantageous market. Fair value is a market-based measurement that is determined
based on inputs, which refer broadly to assumptions that market participants use in pricing assets
or liabilities. These inputs can be readily observable, market corroborated or generally
unobservable inputs. The Company makes certain assumptions it believes that market participants
would use in pricing assets or liabilities, including assumptions about risk, and the risks
inherent in the inputs to valuation techniques. Credit risk of the Company and its counterparties
is incorporated in the valuation of assets and liabilities through the use of credit reserves, the
impact of which is immaterial for the three months ended March 31, 2010 and the year ended
December 31, 2009. The Company believes it uses valuation techniques that maximize the use of
observable market-based inputs and minimize the use of unobservable inputs.
A fair value hierarchy has been established, which prioritizes the inputs to valuation techniques
used to measure fair value in three broad levels. The fair value hierarchy gives the highest
priority to quoted prices (unadjusted) in active markets for identical assets or liabilities
(Level 1) and the lowest priority to unobservable inputs (Level 3). In some cases, the inputs used
to measure fair value might fall in different levels of the fair value hierarchy. All assets and
liabilities are required to be classified in their entirety based on the lowest level of input that
is significant to the fair value measurement in its entirety. Assessing the significance of a
particular input may require judgment considering factors specific to the asset or liability, and
may affect the valuation of the asset or liability and its placement within the fair value
hierarchy. The Company classifies fair value balances based on the fair value hierarchy defined as
follows:
|
|
|
Level 1 Consists of unadjusted quoted prices in active markets for identical assets or
liabilities that the Company has the ability to access as of the reporting date. |
|
|
|
|
Level 2 Consists of inputs other than quoted prices included within Level 1 that are
directly observable for the asset or liability or indirectly observable through
corroboration with observable market data. |
|
|
|
|
Level 3 Consists of unobservable inputs for assets or liabilities whose fair value is
estimated based on internally developed models or methodologies using inputs that are
generally less readily observable and supported by little, if any, market activity at the
measurement date. Unobservable inputs are developed based on the best available information
and subject to cost-benefit constraints. |
13
The following table presents assets and liabilities measured and recorded at fair value on a
recurring basis as of March 31, 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Netting |
|
|
Net Balance at |
|
|
|
Level 1 |
|
|
Level 2 |
|
|
Level 3 |
|
|
Adjustments(2) |
|
|
March 31, 2010 |
|
(in Millions) |
|
|
|
Assets: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cash equivalents |
|
$ |
137 |
|
|
$ |
|
|
|
$ |
|
|
|
$ |
|
|
|
$ |
137 |
|
Nuclear decommissioning trusts |
|
|
577 |
|
|
|
282 |
|
|
|
|
|
|
|
|
|
|
|
859 |
|
Other Investments(1) |
|
|
52 |
|
|
|
54 |
|
|
|
|
|
|
|
|
|
|
|
106 |
|
Derivative assets: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Foreign currency exchange contracts |
|
|
|
|
|
|
22 |
|
|
|
|
|
|
|
(21 |
) |
|
|
1 |
|
Commodity Contracts: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Natural Gas |
|
|
1,846 |
|
|
|
194 |
|
|
|
6 |
|
|
|
(2,005 |
) |
|
|
41 |
|
Electricity |
|
|
|
|
|
|
1,754 |
|
|
|
506 |
|
|
|
(1,893 |
) |
|
|
367 |
|
Other |
|
|
16 |
|
|
|
6 |
|
|
|
2 |
|
|
|
(18 |
) |
|
|
6 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivative assets |
|
|
1,862 |
|
|
|
1,976 |
|
|
|
514 |
|
|
|
(3,937 |
) |
|
|
415 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
2,628 |
|
|
$ |
2,312 |
|
|
$ |
514 |
|
|
$ |
(3,937 |
) |
|
$ |
1,517 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Liabilities: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Derivative liabilities: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Foreign currency exchange contracts |
|
$ |
|
|
|
$ |
(37 |
) |
|
$ |
|
|
|
$ |
21 |
|
|
$ |
(16 |
) |
Interest rate contracts |
|
|
|
|
|
|
(1 |
) |
|
|
|
|
|
|
|
|
|
|
(1 |
) |
Commodity Contracts: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Natural Gas |
|
|
(1,890 |
) |
|
|
(388 |
) |
|
|
(1 |
) |
|
|
2,069 |
|
|
|
(210 |
) |
Electricity |
|
|
|
|
|
|
(1,720 |
) |
|
|
(417 |
) |
|
|
1,954 |
|
|
|
(183 |
) |
Other |
|
|
(17 |
) |
|
|
(15 |
) |
|
|
|
|
|
|
19 |
|
|
|
(13 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivative liabilities |
|
|
(1,907 |
) |
|
|
(2,161 |
) |
|
|
(418 |
) |
|
|
4,063 |
|
|
|
(423 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
(1,907 |
) |
|
$ |
(2,161 |
) |
|
$ |
(418 |
) |
|
$ |
4,063 |
|
|
$ |
(423 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Assets as of March 31, 2010 |
|
$ |
721 |
|
|
$ |
151 |
|
|
$ |
96 |
|
|
$ |
126 |
|
|
$ |
1,094 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Assets: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Current(3) |
|
$ |
1,414 |
|
|
$ |
1,517 |
|
|
$ |
371 |
|
|
$ |
(2,900 |
) |
|
$ |
402 |
|
Noncurrent(4) |
|
|
1,214 |
|
|
|
795 |
|
|
|
143 |
|
|
|
(1,037 |
) |
|
|
1,115 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Assets |
|
$ |
2,628 |
|
|
$ |
2,312 |
|
|
$ |
514 |
|
|
$ |
(3,937 |
) |
|
$ |
1,517 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Liabilities: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Current |
|
$ |
(1,292 |
) |
|
$ |
(1,565 |
) |
|
$ |
(327 |
) |
|
$ |
2,945 |
|
|
$ |
(239 |
) |
Noncurrent |
|
|
(615 |
) |
|
|
(596 |
) |
|
|
(91 |
) |
|
|
1,118 |
|
|
|
(184 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Liabilities |
|
$ |
(1,907 |
) |
|
$ |
(2,161 |
) |
|
$ |
(418 |
) |
|
$ |
4,063 |
|
|
$ |
(423 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Assets as of March 31, 2010 |
|
$ |
721 |
|
|
$ |
151 |
|
|
$ |
96 |
|
|
$ |
126 |
|
|
$ |
1,094 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) |
|
Excludes cash surrender value of life insurance investments. |
|
(2) |
|
Amounts represent the impact of master netting agreements that allow the Company to
net gain and loss positions and cash collateral held or placed with the same
counterparties. |
|
(3) |
|
Includes $137 million of cash equivalents that are included in the Consolidated
Statements of Financial Position in Cash and Cash Equivalents. |
|
(4) |
|
Includes $106 million of other investments that are included in the Consolidated
Statements of Financial Position in Other Investments. |
14
The following table presents the fair value reconciliation of Level 3 assets and liabilities
measured at fair value on a recurring basis for the three months ended March 31, 2010 and 2009:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
March 31, 2010 |
|
(in Millions) |
|
Natural Gas |
|
|
Electricity |
|
|
Other |
|
|
Total |
|
Asset balance as of January 1, 2010 |
|
$ |
2 |
|
|
$ |
19 |
|
|
$ |
3 |
|
|
$ |
24 |
|
Changes in fair value recorded in income |
|
|
6 |
|
|
|
79 |
|
|
|
|
|
|
|
85 |
|
Changes in fair value recorded in regulatory assets/liabilities |
|
|
|
|
|
|
|
|
|
|
(1 |
) |
|
|
(1 |
) |
Changes in fair value recorded in other comprehensive income |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Purchases, issuances and settlements |
|
|
(3 |
) |
|
|
(9 |
) |
|
|
|
|
|
|
(12 |
) |
Transfers in/out of Level 3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Asset balance as of March 31, 2010 |
|
$ |
5 |
|
|
$ |
89 |
|
|
$ |
2 |
|
|
$ |
96 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The amount of total gains (losses) included in net income
attributed to the change in unrealized gains (losses) related
to assets and liabilities held at March 31, 2010 |
|
$ |
2 |
|
|
$ |
65 |
|
|
$ |
|
|
|
$ |
67 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
March 31, 2009 |
|
(in Millions) |
|
Natural Gas |
|
|
Electricity |
|
|
Other |
|
|
Total |
|
Asset (Liability) balance as of January 1, 2009 |
|
$ |
(183 |
) |
|
$ |
(5 |
) |
|
$ |
5 |
|
|
$ |
(183 |
) |
Changes in fair value recorded in income |
|
|
119 |
|
|
|
110 |
|
|
|
|
|
|
|
229 |
|
Changes in fair value recorded in regulatory assets/liabilities |
|
|
|
|
|
|
|
|
|
|
(4 |
) |
|
|
(4 |
) |
Changes in fair value recorded in other comprehensive income |
|
|
5 |
|
|
|
|
|
|
|
|
|
|
|
5 |
|
Purchases, issuances and settlements |
|
|
(1 |
) |
|
|
(48 |
) |
|
|
1 |
|
|
|
(48 |
) |
Transfers in/out of Level 3 |
|
|
(158 |
) |
|
|
(5 |
) |
|
|
|
|
|
|
(163 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Asset (Liability) balance as of March 31, 2009 |
|
$ |
(218 |
) |
|
$ |
52 |
|
|
$ |
2 |
|
|
$ |
(164 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
The amount of total gains (losses) included in net income
attributed to the change in unrealized gains (losses) related
to assets and liabilities held at March 31, 2009 |
|
$ |
110 |
|
|
$ |
96 |
|
|
$ |
|
|
|
$ |
206 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Transfers in/out of Level 3 represent existing assets or liabilities that were either previously
categorized as a higher level and for which the inputs to the model became unobservable or assets
and liabilities that were previously classified as Level 3 for which the lowest significant input
became observable during the period. Transfers in/out of Level 3 are reflected as if they had
occurred at the beginning of the period. No significant transfers between Levels 1, 2 or 3 occurred
in the three months ended March 31, 2010. Transfers out of Level 3 in 2009 reflect increased
reliance on broker quotes for certain gas transactions.
Cash Equivalents
Cash equivalents include investments with maturities of three months or less when purchased. The
cash equivalents shown in the fair value table are comprised of investments in money market funds.
The fair values of the shares of these funds are based on observable market prices and, therefore,
have been categorized as Level 1 in the fair value hierarchy.
Nuclear Decommissioning Trusts and Other Investments
The nuclear decommissioning trusts and other
investments hold debt and equity securities directly and indirectly through commingled funds and
institutional mutual funds. Exchange-traded debt and equity securities held directly are valued
using quoted market prices in actively traded markets. The commingled funds and institutional
mutual funds which hold exchange-traded equity or debt securities are valued based on the
underlying securities, using quoted prices in actively traded markets. Non-exchange-traded fixed
income securities are valued based upon quotations available from brokers or pricing services. For
non-exchange traded fixed income securities, the trustees receive prices from pricing services. A
primary price source is identified by asset type, class or issue for each security. The trustees
monitor prices supplied by pricing services and may use a supplemental price source or change the
primary price source of a given security if the trustees challenge an assigned price and determine
that another price source is considered to be preferable. DTE Energy has obtained an
15
understanding of how these prices are derived, including the nature and observability of the inputs
used in deriving such prices. Additionally, DTE Energy selectively corroborates the fair values of
securities by comparison of market-based price sources.
Derivative Assets and Liabilities
Derivative assets and liabilities are comprised of physical and financial derivative contracts,
including futures, forwards, options and swaps that are both exchange-traded and over-the-counter
traded contracts. Various inputs are used to value derivatives depending on the type of contract
and availability of market data. Exchange-traded derivative contracts are valued using quoted
prices in active markets. DTE Energy considers the following criteria in determining whether a
market is considered active: frequency in which pricing information is updated, variability in
pricing between sources or over time and the availability of public information. Other derivative
contracts are valued based upon a variety of inputs including commodity market prices, broker
quotes, interest rates, credit ratings, default rates, market-based seasonality and basis
differential factors. DTE Energy monitors the prices that are supplied by brokers and pricing
services and may use a supplemental price source or change the primary price source of an index if
prices become unavailable or another price source is determined to be more representative of fair
value. DTE Energy has obtained an understanding of how these prices are derived. Additionally, DTE
Energy selectively corroborates the fair value of its transactions by comparison of market-based
price sources. Mathematical valuation models are used for derivatives for which external market
data is not readily observable, such as contracts which extend beyond the actively traded reporting
period.
Fair Value of Financial Instruments
The fair value of long-term debt is determined by using quoted market prices when available and a
discounted cash flow analysis based upon estimated current borrowing rates when quoted market
prices are not available. The table below shows the fair value relative to the carrying value for
long-term debt securities. Certain other financial instruments, such as notes payable, customer
deposits and notes receivable are not shown as carrying value approximates fair value. See Note 5
for further information on financial and derivative instruments.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
March 31, 2010 |
|
December 31, 2009 |
|
|
Fair Value |
|
Carrying Value |
|
Fair Value |
|
Carrying Value |
Long-Term Debt |
|
$8.2 billion |
|
$7.9 billion |
|
$8.3 billion |
|
$8.0 billion |
Nuclear Decommissioning Trust Funds
Detroit Edison has a legal obligation to decommission its nuclear power plants following the
expiration of their operating licenses. This obligation is reflected as an asset retirement
obligation on the Consolidated Statements of Financial Position. See Note 6 for additional
information.
The NRC has jurisdiction over the decommissioning of nuclear power plants and requires
decommissioning funding based upon a formula. The MPSC and FERC regulate the recovery of costs of
decommissioning nuclear power plants and both require the use of external trust funds to finance
the decommissioning of Fermi 2. Rates approved by the MPSC provide for the recovery of
decommissioning costs of Fermi 2 and the disposal of low-level radioactive waste. Detroit Edison is
continuing to fund FERC jurisdictional amounts for decommissioning even though explicit provisions
are not included in FERC rates. The Company believes the MPSC and FERC collections will be adequate
to fund the estimated cost of decommissioning using the NRC formula. The decommissioning assets,
anticipated earnings thereon and future revenues from decommissioning collections will be used to
decommission Fermi 2. The Company expects the liabilities to be reduced to zero at the conclusion
of the decommissioning activities. If amounts remain in the trust funds for Fermi 2 following the
completion of the decommissioning activities, those amounts will be disbursed based on rulings by
the MPSC and FERC.
The decommissioning of Fermi 1 is funded by Detroit Edison. Contributions to the Fermi 1 trust are
discretionary.
16
The following table summarizes the fair value of the nuclear decommissioning trust fund assets:
|
|
|
|
|
|
|
|
|
|
|
March 31, |
|
|
December 31, |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Fermi 2 |
|
$ |
831 |
|
|
$ |
790 |
|
Fermi 1 |
|
|
2 |
|
|
|
3 |
|
Low level radioactive waste |
|
|
26 |
|
|
|
24 |
|
|
|
|
|
|
|
|
Total |
|
$ |
859 |
|
|
$ |
817 |
|
|
|
|
|
|
|
|
The costs of securities sold are determined on the basis of specific identification. The following
table sets forth the gains and losses and proceeds from the sale of securities by the nuclear
decommissioning trust funds:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
March 31 |
(in Millions) |
|
2010 |
|
2009 |
Realized gains
|
|
$ |
9 |
|
|
$ |
17 |
|
Realized losses
|
|
$ |
(8 |
) |
|
$ |
(26 |
) |
Proceeds from sales of securities
|
|
$ |
59 |
|
|
$ |
113 |
|
Realized gains and losses from the sale of securities for the Fermi 2 and the low level radioactive
waste funds are recorded to the Asset retirement obligation, Regulatory asset and Nuclear
decommissioning liability. The following table sets forth the fair value and unrealized gains for
the nuclear decommissioning trust funds:
|
|
|
|
|
|
|
|
|
|
|
Fair |
|
|
Unrealized |
|
(in Millions) |
|
Value |
|
|
Gains |
|
As of March 31, 2010 |
|
|
|
|
|
|
|
|
Equity securities |
|
$ |
445 |
|
|
$ |
152 |
|
Debt securities |
|
|
401 |
|
|
|
19 |
|
Cash and cash equivalents |
|
|
13 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
859 |
|
|
$ |
171 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
As of December 31, 2009 |
|
|
|
|
|
|
|
|
Equity securities |
|
$ |
420 |
|
|
$ |
135 |
|
Debt securities |
|
|
388 |
|
|
|
17 |
|
Cash and cash equivalents |
|
|
9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
817 |
|
|
$ |
152 |
|
|
|
|
|
|
|
|
The debt securities at both March 31, 2010 and December 31, 2009 had an average maturity of
approximately 5 years. Securities held in the nuclear decommissioning trust funds are classified as available-for-sale. As
Detroit Edison does not have the ability to hold impaired investments for a period of time
sufficient to allow for the anticipated recovery of market value, all unrealized losses are
considered to be other than temporary impairments.
Impairment charges for unrealized losses incurred by the Fermi 2 trust are recognized as a
regulatory asset. Detroit Edison recognized $44 million and $102 million of unrealized losses as
regulatory assets at March 31, 2010 and 2009, respectively. Since the decommissioning of Fermi 1 is
funded by Detroit Edison rather than through a regulatory recovery mechanism, there is no
corresponding regulatory asset treatment. Therefore, impairment charges for unrealized losses
incurred by the Fermi 1 trust are recognized in earnings immediately. There were no impairment
charges for the three months ended March 31, 2010 and 2009 for Fermi 1.
17
Other Available- For-Sale Securities
The following table summarizes the fair value of the Companys investment in available-for-sale
debt and equity securities, excluding nuclear decommissioning trust fund assets:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
March 31, 2010 |
|
December 31, 2009 |
(in Millions) |
|
Fair Value |
|
Carrying value |
|
Fair Value |
|
Carrying Value |
Cash equivalents |
|
$ |
54 |
|
|
$ |
54 |
|
|
$ |
106 |
|
|
$ |
106 |
|
Equity securities |
|
$ |
8 |
|
|
$ |
8 |
|
|
$ |
11 |
|
|
$ |
11 |
|
As of March 31, 2010, these securities are comprised primarily of money-market and equity
securities. During the three months ended March 31, 2010, $1 million of unrealized losses on
available-for-sale securities were reclassified out of other comprehensive income into earnings for
the period. Gains (losses) related to trading securities held at March 31, 2010 and March 31, 2009 were
$2 million and $(3) million, respectively.
NOTE 5 FINANCIAL AND OTHER DERIVATIVE INSTRUMENTS
The Company recognizes all derivatives on the Consolidated Statements of Financial Position at
their fair value unless they qualify for certain scope exceptions, including the normal purchases
and normal sales exception. Further, derivatives that qualify and are designated for hedge
accounting are classified as either hedges of a forecasted transaction or the variability of cash
flows to be received or paid related to a recognized asset or liability (cash flow hedge), or as
hedges of the fair value of a recognized asset or liability or of an unrecognized firm commitment
(fair value hedge). For cash flow hedges, the portion of the derivative gain or loss that is
effective in offsetting the change in the value of the underlying exposure is deferred in
Accumulated other comprehensive income and later reclassified into earnings when the underlying
transaction occurs. For fair value hedges, changes in fair values for the derivative are recognized
in earnings each period. Gains and losses from the ineffective portion of any hedge are recognized
in earnings immediately. For derivatives that do not qualify or are not designated for hedge
accounting, changes in fair value are recognized in earnings each period.
The Companys primary market risk exposure is associated with commodity prices, credit, interest
rates and foreign currency exchange. The Company has risk management policies to monitor and
manage market risks. The Company uses derivative instruments to manage some of the exposure. The
Company uses derivative instruments for trading purposes in its Energy Trading segment and the coal
marketing activities of its Power and Industrial Projects segment. Contracts classified as
derivative instruments include power, gas, oil and certain coal forwards, futures, options and
swaps, and foreign currency exchange contracts. Items not classified as derivatives include
proprietary gas inventory, gas storage and transportation arrangements, and gas and oil reserves.
Derivatives are generally recorded at fair value and shown as Derivative assets or liabilities on
the Consolidated Statements of Financial Position.
Electric Utility Detroit Edison generates, purchases, distributes and sells electricity. Detroit
Edison uses forward energy and capacity contracts to manage changes in the price of electricity and
fuel. Substantially all of these contracts meet the normal purchases and sales exemption and are
therefore accounted for under the accrual method. Other derivative contracts are recoverable
through the PSCR mechanism when settled. This results in the deferral of unrealized gains and
losses as Regulatory assets or liabilities, until realized.
Gas Utility MichCon purchases, stores, transports and distributes natural gas and sells storage
and transportation capacity. MichCon has fixed-priced contracts for portions of its expected gas
supply requirements through 2013. These gas-supply contracts are designated and qualify for the
normal purchases and sales exemption and are therefore accounted for under the accrual method.
MichCon may also sell forward transportation and storage capacity contracts. Forward transportation
and storage contracts are not derivatives and are therefore accounted for under the accrual method.
18
Gas Storage and Pipelines This segment is primarily engaged in services related to the
transportation and storage of natural gas. Fixed-priced contracts are used in the marketing and
management of transportation and storage services. Generally these contracts are not derivatives
and are therefore accounted for under the accrual method.
Unconventional Gas Production The Unconventional Gas Production business is engaged in
unconventional gas project development and production. The Company uses derivative contracts to
manage changes in the price of natural gas. These derivatives are designated as cash flow hedges.
Amounts recorded in Accumulated other comprehensive income will be reclassified to earnings as the
related production affects earnings through 2010. Management estimates reclassifying an after-tax
gain of approximately $1 million to earnings within the next twelve months.
Power and Industrial Projects Business units within this segment manage and operate onsite energy
and pulverized coal projects, coke batteries, landfill gas recovery and power generation assets.
These businesses utilize fixed-priced contracts in the marketing and management of their assets.
These contracts are generally not derivatives and are therefore accounted for under the accrual
method. The segment also engages in coal marketing which includes the marketing and trading of
physical coal and coal financial instruments, and forward contracts for the purchase and sale of
emissions allowances. Certain of these physical and financial coal contracts and contracts for the
purchase and sale of emission allowances are derivatives and are accounted for by recording changes
in fair value to earnings.
Energy Trading Commodity Price Risk Energy Trading markets and trades wholesale electricity and
natural gas physical products and energy financial instruments, and provides risk management
services utilizing energy commodity derivative instruments. Forwards, futures, options and swap
agreements are used to manage exposure to the risk of market price and volume fluctuations in its
operations. These derivatives are accounted for by recording changes in fair value to earnings
unless certain hedge accounting criteria are met.
Energy Trading Foreign Currency Exchange Risk Energy Trading has foreign currency exchange
forward contracts to economically hedge fixed Canadian dollar commitments existing under power
purchase and sale contracts and gas transportation contracts. The Company enters into these
contracts to mitigate price volatility with respect to fluctuations of the Canadian dollar relative
to the U.S. dollar. These derivatives are accounted for by recording changes in fair value to
earnings unless certain hedge accounting criteria are met.
Corporate and Other Interest Rate Risk The Company uses interest rate swaps, treasury locks and
other derivatives to hedge the risk associated with interest rate market volatility. In 2004 and
2000, the Company entered into a series of interest rate derivatives to limit its sensitivity to
market interest rate risk associated with the issuance of long-term debt. Such instruments were
designated as cash flow hedges. The Company subsequently issued long-term debt and terminated these
hedges at a cost that is included in other comprehensive loss. Amounts recorded in other
comprehensive loss will be reclassified to interest expense through 2033. In 2010, the Company
estimates reclassifying $3 million of losses to earnings.
Credit Risk The utility and non-utility businesses are exposed to credit risk if customers or
counterparties do not comply with their contractual obligations. The Company maintains credit
policies that significantly minimize overall credit risk. These policies include an evaluation of
potential customers and counterparties financial condition, credit rating, collateral
requirements or other credit enhancements such as letters of credit or guarantees. The Company
generally uses standardized agreements that allow the netting of positive and negative transactions
associated with a single counterparty. The Company maintains a provision for credit losses based on
factors surrounding the credit risk of its customers, historical trends, and other information.
Based on the Companys credit policies and its March 31, 2010 provision for credit losses, the
Companys exposure to counterparty nonperformance is not expected to result in material effects on
the Companys financial statements.
19
Derivative Activities
The Company manages its MTM risk on a portfolio basis based upon the delivery period of its
contracts and the individual components of the risks within each contract. Accordingly, it records
and manages the energy purchase and sale obligations under its contracts in separate components
based on the commodity (e.g. electricity or gas), the product (e.g. electricity for delivery during
peak or off-peak hours), the delivery location (e.g. by region), the risk profile (e.g. forward or
option), and the delivery period (e.g. by month and year). The following describe the four
categories of activities represented by their operating characteristics and key risks:
|
|
|
Asset Optimization Represents derivative activity associated with assets owned and
contracted by DTE Energy, including forward sales of gas production and trades associated
with power transmission, gas transportation and storage capacity. Changes in the value of
derivatives in this category economically offset changes in the value of underlying
non-derivative positions, which do not qualify for fair value accounting. The difference in
accounting treatment of derivatives in this category and the underlying non-derivative
positions can result in significant earnings volatility. |
|
|
|
|
Marketing and Origination Represents derivative activity transacted by originating
substantially hedged positions with wholesale energy marketers, producers, end users,
utilities, retail aggregators and alternative energy suppliers. |
|
|
|
|
Fundamentals Based Trading Represents derivative activity transacted with the intent of
taking a view, capturing market price changes, or putting capital at risk. This activity is
speculative in nature as opposed to hedging an existing exposure. |
|
|
|
|
Other Includes derivative activity associated with our Unconventional Gas reserves. A
portion of the price risk associated with anticipated production from the Barnett natural
gas reserves has been mitigated through 2010. Changes in the value of the hedges are
recorded as Derivative assets or liabilities, with an offset in Other comprehensive income
to the extent that the hedges are deemed effective. The amounts shown in the following
tables exclude the value of the underlying gas reserves including changes therein. Other
also includes derivative activity at Detroit Edison related to FTRs and forward contracts
related to emissions. Changes in the value of derivative contracts at Detroit Edison are
recorded as Derivative assets or liabilities, with an offset to Regulatory assets or
liabilities as the settlement value of these contracts will be included in the PSCR
mechanism when realized. |
The following represents the fair value of derivative instruments as of March 31, 2010:
|
|
|
|
|
|
|
|
|
(in Millions) |
|
Derivative Assets |
|
|
Derivative Liabilities |
|
Derivatives designated as hedging instruments: |
|
|
|
|
|
|
|
|
Commodity Contracts Natural Gas |
|
$ |
3 |
|
|
$ |
|
|
Interest rate contracts |
|
|
|
|
|
|
(1 |
) |
|
|
|
|
|
|
|
|
Total derivatives designated as hedging
instruments: |
|
$ |
3 |
|
|
$ |
(1 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Derivatives not designated as hedging instruments: |
|
|
|
|
|
|
|
|
Foreign currency exchange contracts |
|
$ |
22 |
|
|
$ |
(37 |
) |
|
Commodity Contracts: |
|
|
|
|
|
|
|
|
Natural Gas |
|
|
2,043 |
|
|
|
(2,279 |
) |
Electricity |
|
|
2,260 |
|
|
|
(2,137 |
) |
Other |
|
|
24 |
|
|
|
(32 |
) |
|
|
|
|
|
|
|
|
Total derivatives not designated as hedging
instruments: |
|
$ |
4,349 |
|
|
$ |
(4,485 |
) |
|
|
|
|
|
|
|
|
Total derivatives: |
|
|
|
|
|
|
|
|
|
Current |
|
$ |
3,165 |
|
|
$ |
(3,184 |
) |
Noncurrent |
|
|
1,187 |
|
|
|
(1,302 |
) |
|
|
|
|
|
|
|
Total derivatives |
|
$ |
4,352 |
|
|
$ |
(4,486 |
) |
|
|
|
|
|
|
|
20
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Derivative Assets |
|
|
Derivative Liabilities |
|
|
|
Current |
|
|
Noncurrent |
|
|
Current |
|
|
Noncurrent |
|
Reconciliation of derivative instruments to
Consolidated Statements of Financial Position: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total fair value of derivatives |
|
$ |
3,165 |
|
|
$ |
1,187 |
|
|
$ |
(3,184 |
) |
|
$ |
(1,302 |
) |
Counterparty netting |
|
|
(2,885 |
) |
|
|
(1,017 |
) |
|
|
2,885 |
|
|
|
1,017 |
|
Collateral adjustment |
|
|
(15 |
) |
|
|
(20 |
) |
|
|
60 |
|
|
|
101 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivatives as reported |
|
$ |
265 |
|
|
$ |
150 |
|
|
$ |
(239 |
) |
|
$ |
(184 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gain (Loss) |
|
|
Gain (Loss) |
|
|
|
|
|
Recognized in
|
|
|
Recognized in
|
|
(in Millions) |
|
Location of Gain |
|
Income on |
|
|
Income on |
|
|
|
(Loss) Recognized |
|
Derivative for |
|
|
Derivative for |
|
Derivatives Not Designated |
|
in Income On |
|
Three Months Ended |
|
|
Three Months Ended |
|
As Hedging Instruments |
|
Derivative |
|
March 31, 2010 |
|
|
March 31, 2009 |
|
Foreign currency exchange contracts |
|
Operating Revenue |
|
$ |
(11 |
) |
|
$ |
6 |
|
|
Commodity Contracts: |
|
|
|
|
|
|
|
|
|
|
Natural Gas |
|
Operating Revenue |
|
|
10 |
|
|
|
31 |
|
Natural Gas |
|
Fuel, purchased
power and gas |
|
|
(7 |
) |
|
|
|
|
Electricity |
|
Operating Revenue |
|
|
71 |
|
|
|
(1 |
) |
Other |
|
Operating Revenue |
|
|
|
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
$ |
63 |
|
|
$ |
37 |
|
|
|
|
|
|
|
|
|
|
The effect of derivative instruments recoverable through the PSCR mechanism when realized on the
Consolidated Statements of Financial Position is a $1 million loss related to FTRs recognized in
Regulatory liabilities for the three months ended March 31, 2010.
The following represents the cumulative gross volume of derivative contracts outstanding as of
March 31, 2010:
|
|
|
|
|
Commodity |
|
Number of Units |
Natural Gas (MMBtu) |
|
|
485,716,123 |
|
Electricity (MWh) |
|
|
61,229,825 |
|
Foreign Currency Exchange ($ CAD) |
|
|
332,264,528 |
|
Various non-utility subsidiaries of the Company have entered into contracts which contain ratings
triggers and are guaranteed by DTE Energy. These contracts contain provisions which allow the
counterparties to request that the Company post cash or letters of credit as collateral in the
event that DTE Energys credit rating is downgraded below investment grade. Certain of these
provisions (known as hard triggers) state specific circumstances under which the Company can be
asked to post collateral upon the occurrence of a credit downgrade, while other provisions (known
as soft triggers) are not as specific. For contracts with soft triggers, it is difficult to
estimate the amount of collateral which may be requested by counterparties and/or which the Company
may ultimately be required to post. The amount of such collateral which could be requested
fluctuates based on commodity prices (primarily gas, power and coal) and the provisions and
maturities of the underlying transactions. As of March 31, 2010, the value of the transactions for
which the Company would have been exposed to collateral requests had DTE Energys credit rating
been below investment grade on such date under both hard trigger and soft trigger provisions was
approximately $336 million. In circumstances where an entity is downgraded below investment grade
and collateral requests are made as a result, the requesting parties often agree to accept less
than the full amount of their exposure to the downgraded entity.
21
NOTE 6 ASSET RETIREMENT OBLIGATIONS
A reconciliation of the asset retirement obligations for the three months ended March 31, 2010
follows:
|
|
|
|
|
(in Millions) |
|
|
|
|
Asset retirement obligations at January 1, 2010 |
|
$ |
1,439 |
|
Accretion |
|
|
23 |
|
Liabilities incurred |
|
|
9 |
|
Liabilities settled |
|
|
(1 |
) |
Consolidation of VIEs |
|
|
4 |
|
|
|
|
|
Asset retirement obligations at March 31, 2010 |
|
|
1,474 |
|
Less amount included in current liabilities |
|
|
(18 |
) |
|
|
|
|
|
|
$ |
1,456 |
|
|
|
|
|
Substantially all of the asset retirement obligations represent nuclear decommissioning liabilities
that are funded through a surcharge to electric customers over the life of the Fermi 2 nuclear
plant.
NOTE 7 REGULATORY MATTERS
Energy Optimization Plans
In March 2009, Detroit Edison and MichCon filed Energy Optimization Plans with the MPSC as required
under 2008 PA 295. The Energy Optimization Plan applications are designed to help each customer
class reduce their electric and gas usage by: (1) building customer awareness of energy efficiency
options and (2) offering a diverse set of programs and participation options that result in energy
savings for each customer class. In March 2010, Detroit Edison and MichCon filed amended Energy
Optimization Plans with the MPSC. Detroit Edisons amended Energy Optimization Plan application
proposed the recovery of energy optimization expenditures for the period 2010-2015 of $406 million
and further requests approval of surcharges that are designed to recover these costs. MichCons
Energy Optimization Plan proposed energy optimization expenditures for the period 2010-2015 of $150
million and further requests approval of surcharges that are designed to recover these costs. In
April 2010, Detroit Edison and MichCon filed their 2009 Energy Optimization reconciliations. These
filings reconcile 2009 actual Energy Optimization billed revenues with 2009 actual Energy
Optimization costs by rate class. Any 2009 over/under recovery of costs have been carried forward
and reflected as part of each utilitys March 2010 amended Energy Optimization filing. Also
addressed in these filings is the effectiveness of the 2009 Energy Optimization programs relative
to legislative targets for energy savings and the calculation of the 2009 performance incentive for
each utility based on meeting or exceeding legislative targets.
Detroit Edison Uncollectible Expense True-Up Mechanism (UETM)
In March 2010, Detroit Edison filed an application with the MPSC for approval of its UETM for 2009
requesting recovery of approximately $4.5 million consisting of costs related to 2009 uncollectible
expense and associated carrying charges.
Power Supply Cost Recovery Proceedings
The PSCR process is designed to allow us to recover all of our power supply costs if incurred under
reasonable and prudent policies and practices. Our power supply costs include fuel costs, purchased
and net interchange power costs, nitrogen oxide and sulfur dioxide emission allowances costs,
transmission costs and MISO costs. The MPSC reviews these costs, policies and practices for
prudence in annual plan and reconciliation filings.
22
The following table summarizes Detroit Edisons PSCR reconciliation filing currently pending with
the MPSC:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PSCR Cost of |
|
Description of Net |
PSCR Year |
|
Date Filed |
|
Net Over-recovery |
|
Power Sold |
|
Over-recovery |
2009
|
|
March 2010
|
|
$15.6 million
|
|
$1.1 billion
|
|
The total amount
reflects an
over-recovery of
$10.9 million, plus
$4.7 million in
accrued interest
due to customers |
2009 Gas Rate Case Filing
MichCon filed a general rate case on June 9, 2009 based on a 2008 historical test year. The filing
with the MPSC requested a $193 million, or 11.5 percent average increase in MichCons annual
revenues for a 2010 projected test year. The requested $193 million increase in revenues is
required to recover the increased costs associated with increased investments in net plant and
working capital, the impact of high levels of uncollectible expense and the cost of natural gas
theft primarily due to economic conditions in Michigan, sales reductions due to customer
conservation and the trend of warmer weather on MichCons market, and increasing operating costs,
largely due to inflation.
Pursuant to the October 2008 Michigan legislation, and the settlement in MichCons last base gas
sale case, MichCon self-implemented $170 million of its requested annual increase on January 1,
2010. This increase will remain in place until a final order is issued by the MPSC, which is
expected by June 2010. If rates in the final rate case order are lower than the self-implemented
rate increase, MichCon must refund the difference with interest. MichCon has recorded a refund
liability of $9 million at March 31, 2010 representing the potential refund due customers.
2008 MichCon Depreciation Filing
On March 18, 2010, the MPSC issued an order reducing MichCons composite depreciation rates from
2.97% to 2.38% effective April 1, 2010.
MichCon UETM
In March 2010, MichCon filed an application with the MPSC for approval of its UETM for 2009
requesting approximately $59 million consisting of $51 million of costs related to 2009
uncollectible expense and associated carrying charges and $8 million of under-collections for the
2007 UETM.
Gas Cost Recovery Proceedings
The GCR process is designed to allow us to recover all of our gas supply costs if incurred under
reasonable and prudent policies and practices. The MPSC reviews these costs, policies and practices
for prudence in annual plan and reconciliation filings.
The following table summarizes MichCons GCR reconciliation filing currently pending with the MPSC:
|
|
|
|
|
|
|
|
|
|
|
|
|
Net |
|
|
|
Description of Net |
GCR Year |
|
Date Filed |
|
Over-recovery |
|
GCR Cost of Gas Sold |
|
Over-recovery |
2008-2009
|
|
June 2009
|
|
$5.4 million
|
|
$1.2 billion
|
|
The total amount
reflects an
overrecovery of
$5.9 million, less
$0.5 million in
accrued interest
due from customers |
Other
The Company is unable to predict the outcome of the unresolved regulatory matters discussed herein.
Resolution of these matters is dependent upon future MPSC orders and appeals, which may materially
impact the financial position, results of operations and cash flows of the Company.
23
NOTE 8 COMMON STOCK
In March 2010, the Company contributed $100 million of DTE Energy common stock to the DTE Energy
Company Affiliates Employee Benefit Plans Master Trust. The common stock was contributed over four
business days from March 26, 2010 through March 31, 2010 and was valued using the closing market
prices of DTE Energy common stock on each of those days in accordance with fair value measurement
and accounting requirements.
NOTE 9 EARNINGS PER SHARE
The Company reports both basic and diluted earnings per share. The calculation of diluted earnings
per share assumes the issuance of potentially dilutive common shares outstanding during the period
from the exercise of stock options.
A reconciliation of both calculations is presented in the following table as of March 31:
|
|
|
|
|
|
|
|
|
(in Millions, except per share amounts) |
|
2010 |
|
|
2009 |
|
Basic Earnings per Share |
|
|
|
|
|
|
|
|
Net income attributable to DTE Energy |
|
$ |
229 |
|
|
$ |
178 |
|
|
|
|
|
|
|
|
|
Average number of common shares outstanding |
|
|
166 |
|
|
|
163 |
|
|
|
|
|
|
|
|
Weighted average net restricted shares outstanding |
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Dividends declared common shares |
|
$ |
88 |
|
|
$ |
86 |
|
Dividends declared net restricted shares |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total distributed earnings |
|
$ |
88 |
|
|
$ |
86 |
|
|
|
|
|
|
|
|
Net income less distributed earnings |
|
$ |
141 |
|
|
$ |
92 |
|
|
|
|
|
|
|
|
|
Distributed (dividends per common share) |
|
$ |
.53 |
|
|
$ |
.53 |
|
|
|
|
|
|
|
|
Undistributed |
|
$ |
.85 |
|
|
$ |
.56 |
|
|
|
|
|
|
|
|
Total Basic Earnings per Common Share |
|
$ |
1.38 |
|
|
$ |
1.09 |
|
|
|
|
|
|
|
|
|
Diluted Earnings per Share |
|
|
|
|
|
|
|
|
Net income attributable to DTE Energy |
|
$ |
229 |
|
|
$ |
178 |
|
|
|
|
|
|
|
|
|
Average number of common shares outstanding |
|
|
166 |
|
|
|
163 |
|
Average incremental shares from assumed exercise of options |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Common shares for dilutive calculation |
|
|
166 |
|
|
|
163 |
|
|
|
|
|
|
|
|
|
Weighted average net restricted shares outstanding |
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Dividends declared common shares |
|
$ |
88 |
|
|
$ |
86 |
|
Dividends declared net restricted shares |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total distributed earnings |
|
$ |
88 |
|
|
$ |
86 |
|
|
|
|
|
|
|
|
Net income less distributed earnings |
|
$ |
141 |
|
|
$ |
92 |
|
|
|
|
|
|
|
|
|
Distributed (dividends per common share) |
|
$ |
.53 |
|
|
$ |
.53 |
|
|
|
|
|
|
|
|
Undistributed |
|
$ |
.85 |
|
|
$ |
.56 |
|
|
|
|
|
|
|
|
Total Diluted Earnings per Common Share |
|
$ |
1.38 |
|
|
$ |
1.09 |
|
|
|
|
|
|
|
|
Options to purchase approximately 2 million and 4 million shares of common stock as of March 31,
2010 and 2009, respectively, were not included in the computation of diluted earnings per share
because the options exercise price was greater than the average market price of the common shares,
thus making these options anti-dilutive.
NOTE 10 LONG-TERM DEBT
In March 2010, Detroit Edison agreed to issue and sell $300 million of 4.89%, 10-year Senior Notes
to a group of institutional investors in a private placement transaction. The notes are expected to
close and fund in September 2010 with proceeds used to repay a portion of Detroit Edisons 6.125%
Senior Notes due October 2010.
24
NOTE 11 SHORT-TERM CREDIT ARRANGEMENTS AND BORROWINGS
DTE Energy and its wholly owned subsidiaries, Detroit Edison and MichCon, have entered into
revolving credit facilities with similar terms. The five-year and two-year revolving credit
facilities are with a syndicate of 22 banks and may be used for general corporate borrowings, but
are intended to provide liquidity support for each of the companies commercial paper programs. No
one bank provides more than 8.5% of the commitment in any facility. Borrowings under the facilities
are available at prevailing short-term interest rates. Additionally, DTE Energy has other
facilities to support letter of credit issuance. The above agreements require the Company to
maintain a total funded debt to capitalization ratio, as defined in the agreements, of no more than
0.65 to 1. At March 31, 2010, the debt to total capitalization ratios for DTE Energy, Detroit
Edison and MichCon are 0.50 to 1, 0.51 to 1 and 0.47 to 1, respectively, and are in compliance with
this financial covenant. The availability under these combined facilities at March 31, 2010 is
shown in the following table:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(in Millions) |
|
DTE Energy |
|
|
Detroit Edison |
|
|
MichCon |
|
|
Total |
|
One-year unsecured letter of credit facility, expiring June 2010 |
|
$ |
70 |
|
|
$ |
|
|
|
$ |
|
|
|
$ |
70 |
|
Five-year unsecured revolving facility, expiring October 2010 |
|
|
675 |
|
|
|
69 |
|
|
|
181 |
|
|
|
925 |
|
Two-year unsecured revolving facility, expiring April 2011 |
|
|
538 |
|
|
|
212 |
|
|
|
250 |
|
|
|
1,000 |
|
Two-year unsecured letter of credit facility, expiring in May
2011 |
|
|
50 |
|
|
|
|
|
|
|
|
|
|
|
50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total credit facilities at March 31, 2010 |
|
$ |
1,333 |
|
|
$ |
281 |
|
|
$ |
431 |
|
|
$ |
2,045 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amounts outstanding at March 31, 2010: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Commercial paper issuances |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Letters of credit |
|
|
269 |
|
|
|
|
|
|
|
|
|
|
|
269 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
269 |
|
|
|
|
|
|
|
|
|
|
|
269 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net availability at March 31, 2010 |
|
$ |
1,064 |
|
|
$ |
281 |
|
|
$ |
431 |
|
|
$ |
1,776 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The Company has other outstanding letters of credit which are not included in the above described
facilities totaling approximately $18 million which are used for various corporate purposes.
In conjunction with maintaining certain exchange traded risk management positions, the Company may
be required to post cash collateral with its clearing agent. The Company has a demand financing
agreement for up to $120 million with its clearing agent. The amount outstanding under this
agreement was $81 million and $1 million at March 31, 2010 and December 31, 2009, respectively.
NOTE 12 COMMITMENTS AND CONTINGENCIES
Environmental
Electric Utility
Air Detroit Edison is subject to EPA ozone transport and acid rain regulations that limit power
plant emissions of sulfur dioxide and nitrogen oxides. Since 2005, EPA and the State of Michigan
have issued additional emission reduction regulations relating to ozone, fine particulate, regional
haze and mercury air pollution. The new rules will lead to additional controls on fossil-fueled
power plants to reduce nitrogen oxide, sulfur dioxide and mercury emissions. To comply with these
requirements, Detroit Edison has spent approximately $1.5 billion through 2009. The Company
estimates Detroit Edison will make future undiscounted capital expenditures of up to $73 million in
2010 and up to $2.2 billion of additional capital expenditures through 2019 based on current
regulations. Further, additional rulemakings are expected over the next few years which could
require additional controls for sulfur dioxide, nitrogen oxides and hazardous air pollutants. It is
not possible to quantify the impact of those expected rulemakings at this time.
In July 2009, DTE Energy received a Notice of Violation/Finding of Violation (NOV/FOV) from the EPA
alleging, among other things, that five Detroit Edison power plants violated New Source Performance
standards, Prevention of Significant Deterioration requirements, and Title V operating permit
requirements under the Clean Air Act. We believe that the plants identified by the EPA have
complied with applicable regulations. Depending upon the
25
outcome of our discussions with the EPA regarding the NOV/FOV, the EPA could bring legal action
against Detroit Edison. We could also be required to install additional pollution control equipment
at some or all of the power plants in question, engage in Supplemental Environmental Programs,
and/or pay fines. We cannot predict the financial impact or outcome of this matter, or the timing
of its resolution.
Water In response to an EPA regulation, Detroit Edison is required to examine alternatives for
reducing the environmental impacts of the cooling water intake structures at several of its
facilities. Based on the results of completed studies and expected future studies, Detroit Edison
may be required to install additional control technologies to reduce the impacts of the water
intakes. Initially, it was estimated that Detroit Edison could incur up to approximately
$55 million over the four to six years subsequent to 2008 in additional capital expenditures to
comply with these requirements. However, a January 2007 circuit court decision remanded back to the
EPA several provisions of the federal regulation that has resulted in a delay in compliance dates.
The decision also raised the possibility that Detroit Edison may have to install cooling towers at
some facilities at a cost substantially greater than was initially estimated for other mitigative
technologies. In 2008, the Supreme Court agreed to review the remanded cost-benefit analysis
provision of the rule and in April 2009 upheld EPAs use of this provision in determining best
technology available for reducing environmental impacts. Concurrently, the EPA continues to develop
a revised rule, a draft of which is expected to be published by summer 2010. The EPA has also
proposed an information collection request to begin a review of steam electric effluent guidelines.
It is not possible at this time to quantify the impacts of these developing requirements.
Contaminated Sites Detroit Edison conducted remedial investigations at contaminated sites,
including three former manufactured gas plant (MGP) sites. The investigations have revealed
contamination related to the by-products of gas manufacturing at each site. In addition to the MGP
sites, the Company is also in the process of cleaning up other contaminated sites, including the
area surrounding an ash landfill, electrical distribution substations, and underground and
aboveground storage tank locations. The findings of these investigations indicated that the
estimated cost to remediate these sites is expected to be incurred over the next several years. At
March 31, 2010 and December 31, 2009, the Company had $9 million accrued for remediation.
Landfill Detroit Edison owns and operates a permitted engineered ash storage facility at the
Monroe Power Plant to dispose of fly ash from the coal fired power plant. Detroit Edison performed
an engineering analysis in 2009 and identified the need for embankment side slope repairs and
reconstruction.
Gas Utility
Contaminated Sites Prior to the construction of major interstate natural gas pipelines, gas for
heating and other uses was manufactured locally from processes involving coal, coke or oil. Gas
Utility owns, or previously owned, 15 such former MGP sites. Investigations have revealed
contamination related to the by-products of gas manufacturing at each site. In addition to the MGP
sites, the Company is also in the process of cleaning up other contaminated sites. Cleanup
activities associated with these sites will be conducted over the next several years.
The MPSC has established a cost deferral and rate recovery mechanism for investigation and
remediation costs incurred at former MGP sites. Accordingly, Gas Utility recognizes a liability and
corresponding regulatory asset for estimated investigation and remediation costs at former MGP
sites. During 2009, the Company spent approximately $1 million investigating and remediating these
former MGP sites. As of March 31, 2010 and December 31, 2009, the Company had $35 million and
$36 million, respectively, accrued for remediation.
Any significant change in assumptions, such as remediation techniques, nature and extent of
contamination and regulatory requirements, could impact the estimate of remedial action costs for
the sites and affect the Companys financial position and cash flows. However, the Company
anticipates the cost deferral and rate recovery mechanism approved by the MPSC will prevent
environmental costs from having a material adverse impact on our results of operations.
Non-Utility
The Companys non-utility affiliates are subject to a number of environmental laws and regulations
dealing with the protection of the environment from various pollutants. The Michigan coke battery
facility received and responded to
26
information requests from the EPA resulting in the issuance of a notice of violation in June of
2007 regarding potential maximum achievable control technologies and new source review violations.
The EPA is in the process of reviewing the Companys position of demonstrated compliance and has
not initiated escalated enforcement. At this time, the Company cannot predict the impact of this
issue. Furthermore, the Company is in the process of settling historical air violations at its coke
battery facility located in Pennsylvania. More recently, the EPA expressed their intention for the
settlement to also include outstanding historical water violations. At this time, we cannot
predict the impact of this settlement. The Company is investigating wastewater treatment technology
upgrades such as a biological treatment for the coke battery facility located in Pennsylvania. This
investigation may result in capital expenditures of approximately $5 million to $6 million be
incurred over the next two years to meet future regulatory requirements. The Companys non-utility
affiliates are substantially in compliance with all environmental requirements, other than as noted
above.
Other
In February 2008, DTE Energy was named as one of approximately 24 defendant oil, power and coal
companies in a lawsuit filed in a United States District Court. DTE Energy was served with process
in March 2008. The plaintiffs, the Native Village of Kivalina and City of Kivalina, which are home
to approximately 400 people in Alaska, claim that the defendants business activities have
contributed to global warming and, as a result, higher temperatures are damaging the local economy
and leaving the island more vulnerable to storm activity in the fall and winter. As a result, the
plaintiffs are seeking damages of up to $400 million for relocation costs associated with moving
the village to a safer location, as well as unspecified attorneys fees and expenses. On
October 15, 2009, the U.S. District Court granted defendants motions dismissing all of plaintiffs
federal claims in the case on two independent grounds: (1) the court lacks subject matter
jurisdiction to hear the claims because of the political question doctrine; and (2) plaintiffs lack
standing to bring their claims. The court also dismissed plaintiffs state law claims because the
court lacked supplemental jurisdiction over them after it dismissed the federal claims; the
dismissal of the state law claims was without prejudice. The plaintiffs have appealed to the
U.S. Court of Appeals for the Ninth Circuit.
Nuclear Operations
Property Insurance
Detroit Edison maintains several different types of property insurance policies specifically for
the Fermi 2 plant. These policies cover such items as replacement power and property damage. The
Nuclear Electric Insurance Limited (NEIL) is the primary supplier of the insurance policies.
Detroit Edison maintains a policy for extra expenses, including replacement power costs
necessitated by Fermi 2s unavailability due to an insured event. This policy has a 12-week waiting
period and provides an aggregate $490 million of coverage over a three-year period.
Detroit Edison has $500 million in primary coverage and $2.25 billion of excess coverage for
stabilization, decontamination, debris removal, repair and/or replacement of property and
decommissioning. The combined coverage limit for total property damage is $2.75 billion.
In 2007, the Terrorism Risk Insurance Extension Act of 2005 (TRIA) was extended through
December 31, 2014. A major change in the extension is the inclusion of domestic acts of terrorism
in the definition of covered or certified acts. For multiple terrorism losses caused by acts of
terrorism not covered under the TRIA occurring within one year after the first loss from terrorism,
the NEIL policies would make available to all insured entities up to $3.2 billion, plus any amounts
recovered from reinsurance, government indemnity, or other sources to cover losses.
Under the NEIL policies, Detroit Edison could be liable for maximum assessments of up to
approximately $28 million per event if the loss associated with any one event at any nuclear plant
in the United States should exceed the accumulated funds available to NEIL.
27
Public Liability Insurance
As of January 1, 2010, as required by federal law, Detroit Edison maintains $375 million of public
liability insurance for a nuclear incident. For liabilities arising from a terrorist act outside
the scope of TRIA, the policy is subject to one industry aggregate limit of $300 million. Further,
under the Price-Anderson Amendments Act of 2005, deferred premium charges up to $117.5 million
could be levied against each licensed nuclear facility, but not more than $17.5 million per year
per facility. Thus, deferred premium charges could be levied against all owners of licensed nuclear
facilities in the event of a nuclear incident at any of these facilities.
Nuclear Fuel Disposal Costs
In accordance with the Federal Nuclear Waste Policy Act of 1982, Detroit Edison has a contract with
the U.S. Department of Energy (DOE) for the future storage and disposal of spent nuclear fuel from
Fermi 2. Detroit Edison is obligated to pay the DOE a fee of 1 mill per kWh of Fermi 2 electricity
generated and sold. The fee is a component of nuclear fuel expense. Delays have occurred in the
DOEs program for the acceptance and disposal of spent nuclear fuel at a permanent repository and
the proposed fiscal year 2011 federal budget recommends termination of funding for completion of
the governments long-term storage facility. Detroit Edison is a party in the litigation against
the DOE for both past and future costs associated with the DOEs failure to accept spent nuclear
fuel under the timetable set forth in the Federal Nuclear Waste Policy Act of 1982. Detroit Edison
currently employs a spent nuclear fuel storage strategy utilizing a fuel pool. We have begun work
on an on-site dry cask storage facility which is expected to provide sufficient storage capability
for the life of the plant as defined by the original operating license. Issues relating to long-
term waste disposal policy and to the disposition of funds contributed by Detroit Edison ratepayers
to the federal waste fund await future governmental action.
Guarantees
In certain limited circumstances, the Company enters into contractual guarantees. The Company may
guarantee another entitys obligation in the event it fails to perform. The Company may provide
guarantees in certain indemnification agreements. Finally, the Company may provide indirect
guarantees for the indebtedness of others. Below are the details of specific material guarantees
the Company currently provides.
Millennium Pipeline Project Guarantee
The Company owns a 26 percent equity interest in the Millennium Pipeline Project (Millennium).
Millennium is accounted for under the equity method. Millennium began commercial operations in
December 2008. On August 29, 2007, Millennium entered into a borrowing facility to finance the
construction costs of the project. The total facility amounts to $800 million and is guaranteed by
the project partners, based upon their respective ownership percentages. The facility expires on
August 29, 2010 and was fully drawn as of March 31, 2010. Millennium anticipates refinancing its
$800 million borrowing facility with a long-term financing non-recourse to the Company. The Company
expects to make an additional equity contribution to Millennium in conjunction with the
refinancing. The actual amount of the Companys equity contribution will depend on the amount of
the net proceeds from the long-term financing.
The Company has agreed to guarantee 26 percent of the borrowing facility and in the event of
default by Millennium the maximum potential amount of future payments under this guarantee is
approximately $210 million. The guarantee includes DTE Energys revolving credit facilitys
covenant and default provisions by reference. Related to this facility, the Company has also agreed
to guarantee 26 percent of Millenniums forward-starting interest rate swaps with a notional amount
of $420 million. The Companys exposure on the forward-starting interest rate swaps varies with
changes in Treasury rates and credit swap spreads and was approximately $12 million at March 31,
2010. Because the Company is unable to accurately anticipate changes in Treasury rates and credit
swap spreads, it is unable to estimate its maximum exposure under its share of Millenniums
forward-starting interest rate swaps. An incremental 0.25 percent decrease in the forward interest
rate swap rates will increase its exposure by approximately $3 million. There are no recourse
provisions or collateral that would enable the Company to recover any amounts paid under the
guarantees, other than its share of project assets.
28
Other Guarantees
Detroit Edison has guaranteed a bank term loan of $11 million related to the sale of its steam
heating business to Thermal Ventures II, L.P. At March 31, 2010, the Company has reserves for the
entire amount of the bank loan guarantee.
The Companys other guarantees are not individually material with maximum potential payments
totaling $10 million at March 31, 2010.
The Company is periodically required to obtain performance surety bonds in support of obligations
to various governmental entities and other companies in connection with its operations. As of
March 31, 2010, the Company had approximately $13 million of performance bonds outstanding. In the
event that such bonds are called for nonperformance, the Company would be obligated to reimburse
the issuer of the performance bond. The Company is released from the performance bonds as the
contractual performance is completed and does not believe that a material amount of any currently
outstanding performance bonds will be called.
Labor Contracts
There are several bargaining units for the Companys union employees. The majority of our union
employees are under contracts that expire in June and October 2010 and August 2012.
Purchase Commitments
As of March 31, 2010, the Company was party to numerous long-term purchase commitments relating to
a variety of goods and services required for the Companys business. These agreements primarily
consist of fuel supply commitments and energy trading contracts. The Company estimates that these
commitments will be approximately $5 billion from 2010 through 2051. The Company also estimates
that 2010 capital expenditures will be approximately $1.4 billion. The Company has made certain
commitments in connection with expected capital expenditures.
Bankruptcies
The Company purchases and sells electricity, gas, coal, coke and other energy products from and to
numerous companies operating in the steel, automotive, energy, retail, financial and other
industries. Certain of its customers have filed for bankruptcy protection under Chapter 11 of the
U.S. Bankruptcy Code. The Company regularly reviews contingent matters relating to these customers
and its purchase and sale contracts and records provisions for amounts considered at risk of
probable loss. The Company believes its accrued amounts are adequate for probable loss. The final
resolution of these matters may have a material effect on its consolidated financial statements.
Other Contingencies
The Company is involved in certain other legal, regulatory, administrative and environmental
proceedings before various courts, arbitration panels and governmental agencies concerning claims
arising in the ordinary course of business. These proceedings include certain contract disputes,
additional environmental reviews and investigations, audits, inquiries from various regulators, and
pending judicial matters. The Company cannot predict the final disposition of such proceedings. The
Company regularly reviews legal matters and records provisions for claims that it can estimate and
are considered probable of loss. The resolution of these pending proceedings is not expected to
have a material effect on the Companys operations or financial statements in the periods they are
resolved.
See Notes 5 and 7 for a discussion of contingencies related to derivatives and regulatory matters.
29
NOTE 13 RETIREMENT BENEFITS AND TRUSTEED ASSETS
The following details the components of net periodic benefit costs for pension benefits and other
postretirement benefits:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Other Postretirement |
|
(in Millions) |
|
Pension Benefits |
|
|
Benefits |
|
Three Months Ended March 31 |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Service cost |
|
$ |
16 |
|
|
$ |
13 |
|
|
$ |
16 |
|
|
$ |
16 |
|
Interest cost |
|
|
50 |
|
|
|
51 |
|
|
|
31 |
|
|
|
34 |
|
Expected return on plan assets |
|
|
(64 |
) |
|
|
(64 |
) |
|
|
(18 |
) |
|
|
(14 |
) |
Amortization of: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net actuarial loss |
|
|
25 |
|
|
|
13 |
|
|
|
13 |
|
|
|
17 |
|
Prior service cost |
|
|
1 |
|
|
|
1 |
|
|
|
(1 |
) |
|
|
(2 |
) |
Net transition liability |
|
|
|
|
|
|
|
|
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net periodic benefit cost |
|
$ |
28 |
|
|
$ |
14 |
|
|
$ |
42 |
|
|
$ |
52 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Pension and other Postretirement Contributions
The Company contributed $200 million to its pension plans during the first quarter of 2010,
including a contribution of DTE Energy stock of $100 million (consisting of approximately 2.2
million shares valued at an average price of $44.97 per share).
The Company expects to contribute $150 million to its postretirement medical and life insurance
benefit plans during 2010. No contributions were made to the plans in the first quarter of 2010.
Healthcare Legislation
In March 2010, the Patient Protection and Affordable Care Act (PPACA) and the Health Care and
Education Reconciliation Act (HCERA) were enacted into law (collectively, the Act). The Act is a
comprehensive health care reform bill. A provision of the PPACA repeals the current rule permitting
deduction of the portion of the drug coverage expense that is offset by the Medicare Part D
subsidy, effective for taxable years beginning after December 31, 2012.
DTE Energys retiree healthcare plan includes the provision of postretirement prescription drug
coverage (coverage) which is included in the calculation of the recorded other postemployment
benefit (OPEB) obligation.
Because the Companys coverage meets certain criteria, DTE Energy is eligible to receive the
Medicare Part D subsidy. With the enactment of the Act, the subsidy will continue to not be subject
to tax, but an equal amount of prescription drug coverage expenditures will not be deductible.
Income tax accounting rules require the impact of a change in tax law be recognized in continuing
operations in the Consolidated Statements of Operations in the period that the tax law change is
enacted.
For DTE Energy and its utilities this change in tax law required a remeasurement of the Deferred
Tax Asset related to the OPEB obligation and the Deferred Tax Liability related to the OPEB
Regulatory Asset. The net impact of the remeasurement is $23 million, $18 million and $4 million
for DTE Energy, Detroit Edison and MichCon, respectively. The Detroit Edison and MichCon amounts
have been deferred as Regulatory Assets as the traditional rate setting process allows for the
recovery of income tax costs. Income tax expense of $1 million is being recognized related to
Corporate entities in the three months ended March 31, 2010.
30
NOTE 14 STOCK-BASED COMPENSATION
The Company recorded stock-based compensation expense of $15 million and $1 million, with an
associated tax benefit of $6 million and $0.4 million for the three months ended March 31, 2010 and
2009, respectively. Stock-based compensation cost capitalized in property, plant and equipment was
$1 million and $0.2 million during the three months ended March 31, 2010 and 2009, respectively.
Stock Options
The following table summarizes our stock option activity for the three months ended March 31, 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(in Millions) |
|
|
|
|
|
|
|
Weighted |
|
|
Aggregate |
|
|
|
Number of |
|
|
Average |
|
|
Intrinsic |
|
|
|
Options |
|
|
Exercise Price |
|
|
Value |
|
Options outstanding at January 1, 2010 |
|
|
5,593,392 |
|
|
$ |
40.50 |
|
|
|
|
|
Granted |
|
|
611,500 |
|
|
$ |
43.95 |
|
|
|
|
|
Exercised |
|
|
(315,483 |
) |
|
$ |
35.97 |
|
|
|
|
|
Forfeited or expired |
|
|
(84,437 |
) |
|
$ |
43.95 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Options outstanding at March 31, 2010 |
|
|
5,804,972 |
|
|
$ |
36.43 |
|
|
$ |
18.5 |
|
|
|
|
|
|
|
|
|
|
|
|
Options exercisable at March 31, 2010 |
|
|
4,390,513 |
|
|
$ |
42.24 |
|
|
$ |
9.4 |
|
|
|
|
|
|
|
|
|
|
|
|
As of March 31, 2010, the weighted average remaining contractual life for the exercisable shares
was 4.57 years. As of March 31, 2010, 1,414,459 options were non-vested. During the three months
ended March 31, 2010, 600,256 options vested.
The weighted average grant date fair value of options granted during the three months ended March
31, 2010 was $5.62 per share. The intrinsic value of options exercised for the three months ended
March 31, 2010 was $2.77 million. Total option expense recognized was $1.7 million and $1.5 million
for the three months ended March 31, 2010 and 2009, respectively.
The Company determined the fair value for these options at the date of grant using a Black-Scholes
based option pricing model and the following assumptions:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
March 31, 2010 |
|
March 31, 2009 |
Risk-free interest rate |
|
|
2.91 |
% |
|
|
2.04 |
% |
Dividend yield |
|
|
5.08 |
% |
|
|
4.98 |
% |
Expected volatility |
|
|
22.96 |
% |
|
|
27.88 |
% |
Expected life |
|
6 years |
|
6 years |
31
Restricted Stock Awards
The following summarizes stock awards activity for the three months ended March 31, 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Weighted Average |
|
|
Restricted |
|
Grant Date |
|
|
Stock |
|
Fair Value |
Balance at January 1, 2010 |
|
|
1,024,765 |
|
|
$ |
37.11 |
|
Grants |
|
|
225,955 |
|
|
$ |
43.95 |
|
Forfeitures |
|
|
(2,467 |
) |
|
$ |
35.45 |
|
Vested and issued |
|
|
(354,619 |
) |
|
$ |
36.93 |
|
|
|
|
|
|
|
|
|
|
Balance at March 31, 2010 |
|
|
893,634 |
|
|
$ |
38.91 |
|
|
|
|
|
|
|
|
|
|
Performance Share Awards
The following summarizes performance share activity for the three months ended March 31, 2010:
|
|
|
|
|
|
|
Performance Shares |
Balance at January 1, 2010 |
|
|
1,455,042 |
|
Grants |
|
|
560,273 |
|
Forfeitures |
|
|
(12,562 |
) |
Payouts |
|
|
(406,821 |
) |
|
|
|
|
|
Balance at March 31, 2010 |
|
|
1,595,932 |
|
|
|
|
|
|
Unrecognized Compensation Cost
As of March 31, 2010, the Company had $69 million of total unrecognized compensation cost related
to non-vested stock incentive plan arrangements. These costs are expected to be recognized over a
weighted-average period of 2.21 years.
NOTE 15 SUPPLEMENTAL CASH FLOW INFORMATION
The following provides detail of the changes in assets and liabilities that are reported in the
Consolidated Statements of Cash Flows, and supplementary non-cash information:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Changes in Assets and Liabilities, Exclusive of Changes Shown Separately |
|
|
|
|
|
|
|
|
Accounts receivable, net |
|
$ |
114 |
|
|
$ |
119 |
|
Accrued GCR revenue |
|
|
(18 |
) |
|
|
7 |
|
Inventories |
|
|
88 |
|
|
|
106 |
|
Accrued/prepaid pensions |
|
|
(100 |
) |
|
|
(52 |
) |
Accounts payable |
|
|
(47 |
) |
|
|
(113 |
) |
Accrued PSCR refund |
|
|
(3 |
) |
|
|
75 |
|
Income taxes payable |
|
|
79 |
|
|
|
31 |
|
Derivative assets and liabilities |
|
|
(86 |
) |
|
|
(18 |
) |
Gas inventory equalization |
|
|
190 |
|
|
|
220 |
|
Postretirement obligation |
|
|
39 |
|
|
|
(28 |
) |
Other assets |
|
|
54 |
|
|
|
124 |
|
Other liabilities |
|
|
(11 |
) |
|
|
(106 |
) |
|
|
|
|
|
|
|
|
|
$ |
299 |
|
|
$ |
365 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Noncash financing activities: |
|
|
|
|
|
|
|
|
Common stock issued for employee benefit plans |
|
$ |
124 |
|
|
$ |
7 |
|
32
NOTE 16 SEGMENT INFORMATION
The Company sets strategic goals, allocates resources and evaluates performance based on the
following structure:
Electric Utility segment consists of Detroit Edison, which is engaged in the generation,
purchase, distribution and sale of electricity to approximately 2.1 million residential,
commercial and industrial customers in southeastern Michigan.
Gas Utility segment consists of MichCon and Citizens. MichCon is engaged in the purchase,
storage, transmission, gathering, distribution and sale of natural gas to approximately
1.2 million residential, commercial and industrial customers throughout Michigan. Citizens
distributes natural gas in Adrian, Michigan to approximately 17,000 customers.
Gas Storage and Pipelines consists of natural gas pipelines and storage businesses.
Unconventional Gas Production is engaged in unconventional gas project development and
production.
Power and Industrial Projects is comprised of coke batteries and pulverized coal projects,
reduced emission fuel and steel industry fuel-related projects, on-site energy services, power
generation and coal transportation and marketing.
Energy Trading consists of energy marketing and trading operations.
Corporate & Other, includes various holding company activities, holds certain non-utility
debt and energy-related investments.
The federal income tax provisions or benefits of DTE Energys subsidiaries are determined on an
individual company basis and recognize the tax benefit of production tax credits and net operating
losses if applicable. The Michigan Business Tax provision of the utility subsidiaries is determined
on an individual company basis and recognizes the tax benefit of various tax credits and net
operating losses if applicable. The subsidiaries record federal and state income taxes payable to
or receivable from DTE Energy based on the federal and state tax provisions of each company.
Inter-segment billing for goods and services exchanged between segments is based upon tariffed or
market-based prices of the provider and primarily consists of power sales, gas sales and coal
transportation services in the following segments:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Electric Utility |
|
$ |
6 |
|
|
$ |
6 |
|
Gas Utility |
|
|
1 |
|
|
|
1 |
|
Gas Storage and Pipelines |
|
|
2 |
|
|
|
2 |
|
Power and Industrial Projects |
|
|
1 |
|
|
|
4 |
|
Energy Trading |
|
|
26 |
|
|
|
32 |
|
Corporate & Other |
|
|
(21 |
) |
|
|
(23 |
) |
|
|
|
|
|
|
|
|
|
$ |
15 |
|
|
$ |
22 |
|
|
|
|
|
|
|
|
33
Financial data of the business segments follows:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
|
|
|
|
|
|
|
Electric Utility |
|
$ |
1,146 |
|
|
$ |
1,118 |
|
Gas Utility |
|
|
755 |
|
|
|
771 |
|
Gas Storage and Pipelines |
|
|
21 |
|
|
|
22 |
|
Unconventional Gas Production |
|
|
8 |
|
|
|
7 |
|
Power and Industrial Projects |
|
|
252 |
|
|
|
155 |
|
Energy Trading |
|
|
286 |
|
|
|
204 |
|
Corporate & Other |
|
|
|
|
|
|
|
|
Reconciliation & Eliminations |
|
|
(15 |
) |
|
|
(22 |
) |
|
|
|
|
|
|
|
Total |
|
$ |
2,453 |
|
|
$ |
2,255 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income (Loss) Attributable to DTE Energy by Segment: |
|
|
|
|
|
|
|
|
Electric Utility |
|
$ |
91 |
|
|
$ |
78 |
|
Gas Utility |
|
|
79 |
|
|
|
61 |
|
Gas Storage and Pipelines |
|
|
14 |
|
|
|
14 |
|
Unconventional Gas Production |
|
|
(3 |
) |
|
|
(2 |
) |
Power and Industrial Projects |
|
|
18 |
|
|
|
4 |
|
Energy Trading |
|
|
38 |
|
|
|
40 |
|
Corporate & Other |
|
|
(8 |
) |
|
|
(17 |
) |
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy |
|
$ |
229 |
|
|
$ |
178 |
|
|
|
|
|
|
|
|
34
Part I Item 2.
DTE ENERGY COMPANY
Managements Discussion and Analysis
of Financial Condition and Results of Operations
OVERVIEW
DTE Energy is a diversified energy company and is the parent company of Detroit Edison and MichCon,
regulated electric and gas utilities engaged primarily in the business of providing electricity and
natural gas sales, distribution and storage services throughout southeastern Michigan. We operate
four energy-related non-utility segments with operations throughout the United States.
Net income attributable to DTE Energy in the first quarter of 2010 was $229 million, or $1.38 per
diluted share, compared to net income of $178 million, or $1.09 per diluted share, in the first
quarter of 2009. The increase in net income is primarily due to higher earnings in the electric and
gas utilities and in the Power and Industrial Projects segment.
Please see detailed explanations of segment performance in the following Results of Operations
section.
The items discussed below influenced our current financial performance and/or may affect
future results:
|
|
Impacts of economic conditions; |
|
|
|
Collectibility of accounts receivable on utility operations; |
|
|
|
Impact of regulatory decisions on utility operations; |
|
|
|
Non-utility operations; |
|
|
|
Capital investments, including required renewable, energy-efficiency, environmental,
reliability-related and other costs; and |
|
|
|
Environmental matters. |
Reference in this report to we, us, our, Company or DTE are to DTE Energy and its
subsidiaries, collectively.
UTILITY OPERATIONS
Our Electric Utility segment consists of Detroit Edison, which is engaged in the generation,
purchase, distribution and sale of electricity to approximately 2.1 million customers in
southeastern Michigan.
Our Gas Utility segment consists of MichCon and Citizens. MichCon is engaged in the purchase,
storage, transmission, distribution and sale of natural gas to approximately 1.2 million customers
throughout Michigan. Citizens distributes natural gas in Adrian, Michigan to approximately 17,000
customers.
35
Impact of Economic Conditions
Revenues from our utility operations follow the economic cycles of the customers we serve. Economic
conditions have resulted in reduced demand for electricity and natural gas in our service
territory. Detroit Edison experienced decreases in sales, predominantly in the commercial and
industrial classes, and to a lesser extent in the residential class, partially offset by higher
interconnection sales. MichCons revenues were lower due primarily to lower natural gas costs and
customer conservation. We expect to minimize the impacts of declines in average customer usage
through regulatory mechanisms which will decouple our revenue levels from sales volumes. As
discussed further below, economic conditions impact our ability to collect amounts due from our
electric and gas customers and drive increased thefts of electricity and natural gas. In the face
of these economic conditions, we are actively managing our cash, capital expenditures, cost
structure and liquidity to maintain our financial strength.
Collectibility of Accounts Receivable on Utility Operations
Both utilities continue to experience high levels of past due receivables primarily attributable to
economic conditions. Our service territories continue to experience high levels of unemployment,
underemployment and low income households, home foreclosures and a lack of adequate levels of
assistance for low-income customers. Despite the economic conditions, total arrears were reduced
during 2010 in our electric and gas utilities. We have taken actions to manage the level of past
due receivables, including increasing customer disconnections, contracting with collection agencies
and working with Michigan officials and others to increase the share of low-income funding
allocated to our customers. Detroit Edison has an uncollectible expense tracking mechanism that
enables it to recover or refund 80 percent of the difference between the actual uncollectible
expense for each year and $66 million. MichCon has an uncollectible expense tracking mechanism that
enables it to recover or refund 90 percent of the difference between the actual uncollectible
expense for each year and $37 million. The Detroit Edison and MichCon uncollectible tracking
mechanisms require annual reconciliation proceedings before the MPSC.
Impact of Regulatory Decisions on Utility Operations
MichCon filed a general rate case on June 9, 2009 based on a 2008 historical test year. The filing
with the MPSC requested a $193 million, or 11.5 percent average increase in MichCons annual
revenues for a 2010 projected test year. The requested $193 million increase in revenues is
required to recover the increased costs associated with increased investments in net plant and
working capital, the impact of high levels of uncollectible expense and the cost of natural gas
theft primarily due to economic conditions in Michigan, sales reductions due to customer
conservation and the trend of warmer weather on MichCons market, and increasing operating costs,
largely due to inflation.
Pursuant to the October 2008 Michigan legislation, and the settlement in MichCons last base gas
sale case, MichCon self-implemented $170 million of its requested annual increase on January 1,
2010. This increase will remain in place until a final order is issued by the MPSC, which is
expected by June 2010. If rates in the final rate case order are lower than the self-implemented
rate increase, MichCon must refund the difference with interest. MichCon has recorded a refund
liability of $9 million at March 31, 2010 representing the potential refund due customers.
See Note 7 of the Notes to Consolidated Financial Statements.
NON-UTILITY OPERATIONS
We have significant investments in non-utility businesses. We employ disciplined investment
criteria when assessing opportunities that leverage our assets, skills and expertise. Specifically,
we invest in targeted energy markets with attractive competitive dynamics where meaningful scale is
in alignment with our risk profile. We expect growth opportunities in the Gas Storage and Pipelines
and Power and Industrial Projects segments in the future. Expansion of these businesses will also
result in our ability to further diversify geographically.
Gas Storage and Pipelines owns partnership interests in two natural gas storage fields and two
interstate pipelines serving the Midwest, Ontario and Northeast markets. Much of the growth in
demand for natural gas is expected to occur in the Eastern Canada and the Northeast U.S. regions.
Our Vector and Millennium pipelines are well
36
positioned to provide access routes and low-cost expansion options to these markets. In addition,
Millennium Pipeline is well positioned for growth related to the Marcellus shale, especially with
respect to Marcellus production in Northern Pennsylvania and along the southern tier of New York.
Our Unconventional Gas Production business is engaged in natural gas exploration, development and
production within the Barnett shale in north Texas. We continue to develop our holdings in the
western portion of the Barnett shale and to seek opportunities for additional monetization of
select properties within our Barnett shale holdings, when conditions are appropriate. Due to
economic conditions and low natural gas prices, we chose to do minimal lease acquisitions and
reduce the number of new wells this year. However, we continue to evaluate leasing opportunities in
active development areas in the Barnett shale to optimize our existing portfolio.
Power and Industrial Projects is comprised primarily of projects that deliver energy and products
and services to industrial, commercial and institutional customers; provide coal transportation and
marketing; and sell electricity from biomass-fired energy projects. This business segment provides
services using project assets usually located on or near the customers premises in the steel,
automotive, pulp and paper, airport and other industries. Renewable energy, environmental and
economic trends are creating growth opportunities. The increasing number of states with renewable
portfolio standards and energy efficiency mandates provides the opportunity to market the expertise
of the Power and Industrial Projects segment in landfill gas, on-site energy management, waste-wood
power generation, and other related services.
Energy Trading focuses on physical and financial power and gas marketing and trading, structured
transactions, enhancement of returns from DTE Energys asset portfolio, and optimization of
contracted natural gas pipeline transportation and storage, and power transmission and generating
capacity positions. Energy Trading also provides natural gas, power and ancillary services to
various utilities which may include the management of associated storage and transportation
contracts on the customers behalf.
CAPITAL INVESTMENTS
We anticipate significant capital investments during the next three years concentrated primarily in
Detroit Edison.
Our utility businesses require significant capital investments each year in order to maintain and
improve the reliability of their asset bases, including power generation plants, distribution
systems, storage fields and other facilities and fleets. In addition, Detroit Edisons investments
(excluding investments in new base-load generation capacity, if any) will be driven by renewable
investment and environmental controls expenditures. We plan to seek regulatory approval to include
these capital expenditures within our regulatory rate base consistent with prior treatment.
Non-utility investments are expected primarily in continued investment in gas storage and pipeline
assets and renewable opportunities in the Power and Industrial Projects businesses.
ENVIRONMENTAL MATTERS
We are subject to extensive environmental regulation. Additional costs may result as the effects of
various substances on the environment are studied and governmental regulations are developed and
implemented. Actual costs to comply could vary substantially. We expect to continue recovering
environmental costs related to utility operations through rates charged to our customers.
Air Detroit Edison is subject to the EPA ozone transport and acid rain regulations that limit
power plant emissions of sulfur dioxide and nitrogen oxides. Since 2005, EPA and the State of
Michigan have issued additional emission reduction regulations relating to ozone, fine particulate,
regional haze and mercury air pollution. The new rules will lead to additional controls on
fossil-fueled power plants to reduce nitrogen oxide, sulfur dioxide and mercury emissions. Further,
additional rulemakings are expected over the next few years which could require additional controls
for sulfur dioxide, nitrogen oxides and hazardous air pollutants. It is not possible to quantify
the impact of those expected rulemakings at this time.
In July 2009, DTE Energy received a Notice of Violation/Finding of Violation (NOV/FOV) from the EPA
alleging, among other things, that five Detroit Edison power plants violated New Source Performance
standards, Prevention of Significant Deterioration requirements, and Title V operating permit
requirements under the Clean Air Act. We believe that the plants identified by the EPA have
complied with applicable regulations. Depending upon the
37
outcome of our discussions with the EPA regarding the NOV/FOV, the EPA could bring legal action
against Detroit Edison. We could also be required to install additional pollution control equipment
at some or all of the power plants in question, engage in Supplemental Environmental Programs,
and/or pay fines. We cannot predict the financial impact or outcome of this matter, or the timing
of its resolution.
Water In response to an EPA regulation, Detroit Edison is required to examine alternatives for
reducing the environmental impacts of the cooling water intake structures at several of its
facilities. Based on the results of studies, some of which have already been completed, but more
are expected to be conducted over the next several years, Detroit Edison may be required to perform
some mitigation activities, including the possible installation of additional control technologies
to reduce the environmental impact of the intake structures. However, a January 2007 circuit court
decision remanded back to the EPA several provisions of the federal regulation, resulting in a
delay in complying with the regulation. In 2008, the U.S. Supreme Court agreed to review the
remanded cost-benefit analysis provision of the rule and in April 2009 upheld EPAs use of this
provision in determining best available technology for reducing environmental impacts.
Concurrently, the EPA continues to develop a revised rule, a draft of which is expected to be
published by summer 2010 with a final rule possibly in 2012. The EPA has also proposed an
information collection request to begin a review of steam electric effluent guidelines. It is not
possible at this time to quantify the impacts of these developing requirements.
Manufactured Gas Plant (MGP) and Other Sites Prior to the construction of major interstate
natural gas pipelines, gas for heating and other uses was manufactured locally from processes
involving coal, coke or oil. The facilities, which produced gas for heating and other uses, have
been designated as MGP sites. Gas Utility owns, or previously owned, fifteen such former MGP sites.
Detroit Edison owns, or previously owned, three former MGP sites. In addition to the MGP sites, we
are also in the process of cleaning up other sites where contamination is present as a result of
historical and ongoing utility operations. These other sites include an engineered ash storage
facility, electrical distribution substations, gas pipelines, and underground and aboveground
storage tank locations. Cleanup activities associated with these sites will be conducted over the
next several years.
Landfill Detroit Edison owns and operates a permitted engineered ash storage facility at the
Monroe Power Plant to dispose of fly ash from the coal fired power plant. Detroit Edison performed
an engineering analysis in 2009 and identified the need for embankment side slope repairs and
reconstruction.
The EPA has expressed its intentions to develop new federal regulations for coal ash under the
authority of the Resources Conservation and Recovery Act (RCRA). A proposed regulation is expected
in the second quarter of 2010. Among the options EPA is currently considering, is a ruling that may
designate coal ash as a Hazardous Waste as defined by RCRA. However, agencies and legislatures
have urged EPA to regulate coal ash as a non-hazardous waste. If EPA were to designate coal ash as
a hazardous waste, the agency could apply some, or all, of the disposal and reuse standards that
have been applied to other existing hazardous wastes. Some of the regulatory actions currently
being contemplated could have a material adverse impact on our operations and financial position
and the rates we charge our customers.
Global Climate Change
Climate regulation and/or legislation is being proposed and discussed within the U.S. Congress and
the EPA. In June 2009, the U.S. House of Representatives passed the American Clean Energy and
Security Act (ACESA). The ACESA includes a cap and trade program that would start in 2012 and
provides for costs to emit greenhouse gases. Despite action by the Senate Environmental and Public
Works Committee to pass a similar but more stringent bill in October 2009, full Senate action on a
climate bill is not expected before mid-year 2010. Meanwhile, the EPA is beginning to implement
regulatory actions under the Clean Air Act to address emission of greenhouse gases. Pending or
future legislation or other regulatory actions could have a material impact on our operations and
financial position and the rates we charge our customers. Impacts include expenditures for
environmental equipment beyond what is currently planned, financing costs related to additional
capital expenditures and the purchase of emission allowances from market sources. We would seek to
recover these incremental costs through increased rates charged to our utility customers. Increased
costs for energy produced from traditional sources could also increase the economic viability of
energy produced from renewable and/or nuclear sources and energy efficiency initiatives and the
development of market-based trading of carbon offsets providing business opportunities for our
utility and non-utility segments. It is not possible to quantify these impacts on DTE Energy or its
customers at this time.
38
OUTLOOK
The next few years will be a period of rapid change for DTE Energy and for the energy
industry. Our strong utility base, combined with our integrated non-utility operations, position us
well for long-term growth.
Looking forward, we will focus on several areas that we expect will improve future
performance:
|
|
|
improving Electric and Gas Utility customer satisfaction; |
|
|
|
|
continuing to pursue regulatory stability and investment recovery for our utilities; |
|
|
|
|
managing the growth of our utility asset base; |
|
|
|
|
enhancing our cost structure across all business segments; |
|
|
|
|
managing cash, capital and liquidity to maintain or improve our financial strength; and |
|
|
|
|
investing in businesses that integrate our assets and leverage our skills and expertise. |
We will continue to pursue opportunities to grow our businesses in a disciplined manner if we can
secure opportunities that meet our strategic, financial and risk criteria.
RESULTS OF OPERATIONS
The following sections provide a detailed discussion of the operating performance and future
outlook of our segments.
Net income attributable to DTE Energy by segment for the three months ended March 31, 2010 and 2009
is as follows:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Net Income (Loss) Attributable to DTE Energy by Segment: |
|
|
|
|
|
|
|
|
Electric Utility |
|
$ |
91 |
|
|
$ |
78 |
|
Gas Utility |
|
|
79 |
|
|
|
61 |
|
Gas Storage and Pipelines |
|
|
14 |
|
|
|
14 |
|
Unconventional Gas Production |
|
|
(3 |
) |
|
|
(2 |
) |
Power and Industrial Projects |
|
|
18 |
|
|
|
4 |
|
Energy Trading |
|
|
38 |
|
|
|
40 |
|
Corporate & Other |
|
|
(8 |
) |
|
|
(17 |
) |
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy |
|
$ |
229 |
|
|
$ |
178 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
39
ELECTRIC UTILITY
Our Electric Utility segment consists of Detroit Edison.
Electric Utility results are discussed below:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
1,146 |
|
|
$ |
1,118 |
|
Fuel and Purchased Power |
|
|
343 |
|
|
|
340 |
|
|
|
|
|
|
|
|
Gross Margin |
|
|
803 |
|
|
|
778 |
|
Operation and Maintenance |
|
|
309 |
|
|
|
316 |
|
Depreciation and Amortization |
|
|
204 |
|
|
|
188 |
|
Taxes Other Than Income |
|
|
65 |
|
|
|
60 |
|
Other Asset (Gains) and Losses, Net |
|
|
(1 |
) |
|
|
|
|
|
|
|
|
|
|
|
Operating Income |
|
|
226 |
|
|
|
214 |
|
Other (Income) and Deductions |
|
|
79 |
|
|
|
84 |
|
Income Tax Provision |
|
|
56 |
|
|
|
52 |
|
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy Company |
|
$ |
91 |
|
|
$ |
78 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income as a Percentage of Operating Revenues |
|
|
20 |
% |
|
|
19 |
% |
Gross margin increased $25 million in the first quarter of 2010 as compared to the same period in
2009. The following table details changes in various gross margin components relative to the
comparable prior period:
|
|
|
|
|
(in Millions) |
|
Three Months |
|
January 2010 rate order |
|
$ |
53 |
|
Securitization bond and tax surcharge rate increase |
|
|
13 |
|
Restoration tracker |
|
|
(10 |
) |
Regulatory Asset Revenue surcharge |
|
|
(13 |
) |
Other |
|
|
(18 |
) |
|
|
|
|
Increase in gross margin |
|
$ |
25 |
|
|
|
|
|
Electric Sales
|
|
|
|
|
|
|
|
|
(in Thousands of MWh) |
|
2010 |
|
|
2009 |
|
Residential |
|
|
3,665 |
|
|
|
3,738 |
|
Commercial |
|
|
3,942 |
|
|
|
4,423 |
|
Industrial |
|
|
2,475 |
|
|
|
2,637 |
|
Other |
|
|
802 |
|
|
|
817 |
|
|
|
|
|
|
|
|
|
|
|
10,884 |
|
|
|
11,615 |
|
Interconnection sales (1) |
|
|
1,310 |
|
|
|
1,035 |
|
|
|
|
|
|
|
|
Total Electric Sales |
|
|
12,194 |
|
|
|
12,650 |
|
|
|
|
|
|
|
|
|
Electric Deliveries |
|
|
|
|
|
|
|
|
Retail and Wholesale |
|
|
10,884 |
|
|
|
11,615 |
|
Electric Customer Choice, including self generators (2) |
|
|
1,103 |
|
|
|
317 |
|
|
|
|
|
|
|
|
Total Electric Sales and Deliveries |
|
|
11,987 |
|
|
|
11,932 |
|
|
|
|
|
|
|
|
|
|
|
(1) |
|
Represents power that is not distributed by Detroit Edison. |
|
(2) |
|
Includes deliveries for self generators who have purchased power from alternative energy
suppliers to supplement their power requirements. |
40
Power Generated and Purchased
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Thousands of MWh) |
|
2010 |
|
|
2009 |
|
Power Plant Generation |
|
|
|
|
|
|
|
|
Fossil |
|
|
9,520 |
|
|
|
9,842 |
|
Nuclear |
|
|
2,200 |
|
|
|
2,254 |
|
|
|
|
|
|
|
|
|
|
|
11,720 |
|
|
|
12,096 |
|
Purchased Power |
|
|
1,322 |
|
|
|
1,352 |
|
|
|
|
|
|
|
|
System Output |
|
|
13,042 |
|
|
|
13,448 |
|
Less Line Loss and Internal Use |
|
|
(848 |
) |
|
|
(798 |
) |
|
|
|
|
|
|
|
Net System Output |
|
|
12,194 |
|
|
|
12,650 |
|
|
|
|
|
|
|
|
|
Average Unit Cost ($/MWh) |
|
|
|
|
|
|
|
|
Generation (1) |
|
$ |
18.78 |
|
|
$ |
17.30 |
|
|
|
|
|
|
|
|
Purchased Power |
|
$ |
32.30 |
|
|
$ |
33.94 |
|
|
|
|
|
|
|
|
Overall Average Unit Cost |
|
$ |
20.15 |
|
|
$ |
18.97 |
|
|
|
|
|
|
|
|
|
|
|
(1) |
|
Represents fuel costs associated with power plants. |
Operation and maintenance expense decreased $7 million in the first quarter of 2010 compared to the
same period in 2009 primarily due to $10 million from continuous improvement initiatives and other
cost reductions resulting in lower contract labor and outside services expense, information
technology and other staff expenses, lower other expenses of $6 million and reduced maintenance
expenses of $4 million, partially offset by higher employee benefit-related expenses of $7 million
and higher energy optimization and renewable energy expenses of $5 million.
Outlook Economic conditions have resulted in reduced demand for electricity in our service
territory and continued high levels in our uncollectible accounts receivable. The January 2010 MPSC
rate order provided for an uncollectible expense tracking mechanism and a revenue decoupling
mechanism which assists in mitigating these impacts.
To address the impacts of economic conditions, we continue to move forward in our efforts to
improve the operating performance and cash flow of Detroit Edison. We continue to favorably resolve
outstanding regulatory issues, many of which were addressed by Michigan legislation. We expect that
our planned significant environmental and renewable expenditures will result in earnings growth.
Looking forward, we face additional issues, such as higher levels of capital spending, volatility
in prices for coal and other commodities, investment returns and changes in discount rate
assumptions in benefit plans and health care costs, and uncertainty of legislative or regulatory
actions regarding climate change. We expect to continue an intense focus on our continuous
improvement efforts to improve productivity and decrease our costs while improving customer
satisfaction.
GAS UTILITY
Our Gas Utility segment consists of MichCon and Citizens.
Gas Utility results are discussed below:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
755 |
|
|
$ |
771 |
|
Cost of Gas |
|
|
464 |
|
|
|
513 |
|
|
|
|
|
|
|
|
Gross Margin |
|
|
291 |
|
|
|
258 |
|
Operation and Maintenance |
|
|
109 |
|
|
|
119 |
|
Depreciation and Amortization |
|
|
26 |
|
|
|
26 |
|
Taxes Other Than Income |
|
|
17 |
|
|
|
14 |
|
|
|
|
|
|
|
|
Operating Income |
|
|
139 |
|
|
|
99 |
|
Other (Income) and Deductions |
|
|
16 |
|
|
|
13 |
|
Income Tax Provision |
|
|
44 |
|
|
|
25 |
|
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy Company |
|
$ |
79 |
|
|
$ |
61 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income as a Percentage of Operating Revenues |
|
|
18 |
% |
|
|
13 |
% |
41
Gross margin increased $33 million in the first quarter of 2010 as compared to the same period in
2009. This increase reflects $71 million impact of the January 1, 2010 self-implemented rate
increase, partially offset by $23 million related to the impacts of warmer weather, $4 million of
continued customer conservation efforts, $4 million lower valued gas received as compensation for
transportation of third party customer gas, $4 million of lower revenue from the uncollectible
tracking mechanism and $3 million of lower midstream transportation and storage services.
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
|
|
2010 |
|
|
2009 |
|
Gas Markets (in Millions) |
|
|
|
|
|
|
|
|
Gas sales |
|
$ |
638 |
|
|
$ |
673 |
|
End user transportation |
|
|
73 |
|
|
|
52 |
|
|
Intermediate transportation |
|
|
15 |
|
|
|
17 |
|
Storage and other |
|
|
29 |
|
|
|
29 |
|
|
|
|
|
|
|
|
|
|
$ |
755 |
|
|
$ |
771 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gas Markets (in Bcf) |
|
|
|
|
|
|
|
|
Gas sales |
|
|
57 |
|
|
|
68 |
|
End user transportation |
|
|
44 |
|
|
|
42 |
|
|
|
|
|
|
|
|
|
|
|
101 |
|
|
|
110 |
|
Intermediate transportation |
|
|
99 |
|
|
|
144 |
|
|
|
|
|
|
|
|
|
|
|
200 |
|
|
|
254 |
|
|
|
|
|
|
|
|
Operation and maintenance expense decreased $10 million in the first quarter of 2010 compared to
the same period in 2009 primarily due to $8 million of reduced uncollectible expenses and $5
million from continuous improvement initiatives and other cost reductions resulting in lower
contract labor and outside services expense, information technology and other staff expenses.
Outlook Economic conditions have resulted in a decrease in the number of customers in our service
territory, customer conservation and continued high levels of theft and uncollectible accounts
receivable. The uncollectible tracking mechanism provided by the MPSC assists in mitigating the
continued pressure on accounts receivable.
To address the impacts of economic conditions, we continue to move forward in our efforts to
improve the operating performance and cash flow of Gas Utility. We are pursuing a revenue
decoupling mechanism in the pending MichCon rate case which would assist in mitigating the impact
of reduced demand for gas in our service territory. We continue to resolve outstanding regulatory
issues. Looking forward, we face additional issues, such as volatility in gas prices, investment
returns and changes in discount rate assumptions in benefit plans and health care costs. We expect
to continue an intense focus on our continuous improvement efforts to improve productivity,
minimize lost and stolen gas and decrease our costs while improving customer satisfaction.
GAS STORAGE AND PIPELINES
Our Gas Storage and Pipelines segment consists of our non-utility gas pipelines and storage
businesses.
Gas Storage and Pipelines results were consistent with those of the prior period.
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
21 |
|
|
$ |
22 |
|
Operation and Maintenance |
|
|
4 |
|
|
|
3 |
|
Depreciation and Amortization |
|
|
1 |
|
|
|
1 |
|
Taxes Other Than Income |
|
|
|
|
|
|
1 |
|
|
|
|
|
|
|
|
Operating Income |
|
|
16 |
|
|
|
17 |
|
Other (Income) and Deductions |
|
|
(8 |
) |
|
|
(7 |
) |
Income Tax Provision |
|
|
9 |
|
|
|
10 |
|
|
|
|
|
|
|
|
Net Income |
|
|
15 |
|
|
|
14 |
|
Noncontrolling interest |
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy Company |
|
$ |
14 |
|
|
$ |
14 |
|
|
|
|
|
|
|
|
42
Outlook Our Gas Storage and Pipelines business expects to continue its steady growth plan. In
late 2009, Vectors expansion went into service, bringing Vectors total long-haul capacity to
nearly 1.3 Bcf/d. In the near future, the focus of our expansion will be based upon the growth of
the Northeast markets and related to the increased production expected from the Marcellus Shale. We
are a 50 percent owner in the proposed Dawn Gateway Pipeline. The Dawn Gateway Pipeline received
all of the necessary approvals in Canada in the first quarter of 2010 but due to changing market
conditions, the pipeline joint venture has agreed with its customers request to delay the planned
2010 construction for up to two years.
UNCONVENTIONAL GAS PRODUCTION
Our Unconventional Gas Production business is engaged in natural gas exploration, development and
production within the Barnett shale in northern Texas.
Unconventional Gas Production results were consistent with those of the prior period with the
exception of a $4 million impairment of expired or expiring leasehold positions that the company
does not intend to drill at current commodity prices.
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
8 |
|
|
$ |
7 |
|
Operation and Maintenance |
|
|
4 |
|
|
|
4 |
|
Depreciation, Depletion and Amortization |
|
|
4 |
|
|
|
5 |
|
Other Asset (Gains) and Losses, Net |
|
|
4 |
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income (Loss) |
|
|
(4 |
) |
|
|
(2 |
) |
Other (Income) and Deductions |
|
|
1 |
|
|
|
1 |
|
Income Tax Provision (Benefit) |
|
|
(2 |
) |
|
|
(1 |
) |
|
|
|
|
|
|
|
Net Income (Loss) Attributable to DTE Energy Company |
|
$ |
(3 |
) |
|
$ |
(2 |
) |
|
|
|
|
|
|
|
Outlook In the longer-term, we plan to continue to develop our holdings in the western portion of
the Barnett shale and to seek opportunities for additional monetization of select properties within
our asset base, when conditions are appropriate. Our strategy for 2010 is to maintain our focus on
reducing operating expenses and optimizing production volume. During 2010, we expect to invest
approximately $25 million to drill 10 to 15 new wells, continue to acquire select acreage and
achieve production of approximately 5 Bcfe of natural gas, compared with 5 Bcfe in 2009.
43
POWER AND INDUSTRIAL PROJECTS
Power and Industrial Projects is comprised primarily of projects that deliver energy and
utility-type products and services to industrial, commercial and institutional customers; provide
coal transportation services and marketing; and sell electricity from biomass-fired energy
projects.
Power and Industrial Projects results are discussed below:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
252 |
|
|
$ |
155 |
|
Operation and Maintenance |
|
|
214 |
|
|
|
141 |
|
Depreciation and Amortization |
|
|
15 |
|
|
|
10 |
|
Taxes Other Than Income |
|
|
4 |
|
|
|
4 |
|
Other Asset (Gains) Losses and Reserves and Impairments, Net |
|
|
(2 |
) |
|
|
(3 |
) |
|
|
|
|
|
|
|
Operating Income |
|
|
21 |
|
|
|
3 |
|
Other (Income) and Deductions |
|
|
3 |
|
|
|
2 |
|
Income Taxes |
|
|
|
|
|
|
|
|
Provision (Benefit) |
|
|
7 |
|
|
|
(1 |
) |
Production Tax Credits |
|
|
(7 |
) |
|
|
(3 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(4 |
) |
|
|
|
|
|
|
|
Net Income |
|
|
18 |
|
|
|
5 |
|
Noncontrolling Interests |
|
|
|
|
|
|
1 |
|
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy Company |
|
$ |
18 |
|
|
$ |
4 |
|
|
|
|
|
|
|
|
VIEs As discussed in Note 3 of Notes to the Consolidated Financial Statements, effective January
1, 2010, we adopted the provisions of ASU 2009-17, Amendments to FASB Interpretation 46(R).
ASU 2009-17 changed the methodology for determining the primary beneficiary of a VIE from a quantitative
risk and rewards-based model to a qualitative determination. The Company re-evaluated prior VIE and
primary beneficiary determinations and, as a result, began consolidating five entities.
Since these entities were previously accounted for under the equity method, the VIE consolidation had no impact on Net Income
Attributable to DTE Energy.
As a result of the consolidation of these VIEs,
Operating Revenues and Operations and Maintenance expense increased
$39 million and $36 million, respectively.
Operating revenues increased $58 million, net of VIE adjustments, in the first quarter of 2010
compared to the same period in 2009. The increase is attributed primarily to $41 million of higher
coke demand and a $27 million increase in on-site services, partially offset by a $14 million
decrease in existing coal transportation services.
Operation and maintenance expense increased $37 million, net of VIE adjustments, in the first
quarter of 2010 compared to the same period in 2009. This increase is due primarily to a $25
million increase in on-site services and $21 million of higher coke demand, partially offset by $12
million of lower coal transportation services.
Outlook We expect an improvement in demand for metallurgical coke and pulverized coal supplied to
steel industry customers for 2010. We expect a continued demand for these products in 2011. We
supply onsite energy services to the domestic automotive manufacturers who have also experienced
stabilized demand for autos. Our onsite energy services will continue to be delivered in accordance
with the terms of long-term contracts.
In 2010, we will capture benefits from production tax credits approximating $20 million
generated from our steel industry fuel projects. The tax credits will be earned through 2010. In
late 2009, we began operating reduced emission fuel facilities located at coal-fired power plants.
The facilities reduce NOx, SOx and mercury levels. We continue to optimize these facilities and
expect increased production and related production tax credits in 2011.
In 2011, our existing long-term rail transportation contract, which is at rates significantly below
the current market, will expire and we anticipate a decrease in annual transportation-related
revenue of approximately $120 million as a result. The decrease in revenue will be mostly offset by
lower variable costs incurred to provide the transportation.
44
We will continue to work with suppliers and the railroads to promote secure and competitive access
to coal to meet the energy requirements of our customers. Power and Industrial Projects will
continue to leverage its extensive energy-related operating experience and project management
capability to develop additional energy projects to serve energy intensive industrial customers. We
will also continue to look for opportunities to acquire energy projects and biomass fired
generating projects for favorable prices.
ENERGY TRADING
Energy Trading focuses on physical and financial power and gas marketing and trading, structured
transactions, enhancement of returns from DTE Energys asset portfolio, and optimization of
contracted natural gas pipeline transportation and storage, and power transmission and generating
capacity positions. Energy Trading also provides natural gas, power and ancillary services to
various utilities which may include the management of associated storage and transportation
contracts on the customers behalf.
Energy Trading results are discussed below:
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
286 |
|
|
$ |
204 |
|
Fuel, Purchased Power and Gas |
|
|
197 |
|
|
|
116 |
|
|
|
|
|
|
|
|
Gross Margin |
|
|
89 |
|
|
|
88 |
|
Operation and Maintenance |
|
|
19 |
|
|
|
18 |
|
Depreciation, Depletion and Amortization |
|
|
1 |
|
|
|
1 |
|
Taxes Other Than Income |
|
|
2 |
|
|
|
2 |
|
|
|
|
|
|
|
|
Operating Income |
|
|
67 |
|
|
|
67 |
|
Other (Income) and Deductions |
|
|
4 |
|
|
|
2 |
|
Income Tax Provision |
|
|
25 |
|
|
|
25 |
|
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy Company |
|
$ |
38 |
|
|
$ |
40 |
|
|
|
|
|
|
|
|
Gross margin was $1 million higher in the first quarter of 2010 due primarily to an increase in
realized margins of $11 million, offset by a decrease in unrealized margins of $10 million. The $11
million increase in realized margins was primarily the result of increases in our gas trading
strategy. The $10 million decrease in unrealized margins was primarily due to unfavorable results
of $43 million from our gas trading and power full requirements strategies, partially offset by
increases of $33 million in our power trading and power transmission strategies.
Outlook Significant portions of the Energy Trading portfolio are economically hedged. The
portfolio includes financial instruments, physical commodity contracts and gas inventory, as well
as contracted natural gas pipeline transportation and storage, and power transmission and
generation capacity positions. Energy Trading also provides power and ancillary services and
natural gas to various utilities which may include the management of associated storage and
transport contracts on the customers behalf. Most financial instruments and physical power and gas
contracts are deemed derivatives, whereas proprietary gas inventory, power transmission, pipeline
transportation and certain storage assets are not derivatives. As a result, we will experience
earnings volatility as derivatives are marked-to-market without revaluing the underlying
non-derivative contracts and assets. Our strategy is to economically manage the price risk of these
underlying non-derivative contracts and assets with futures, forwards, swaps and options. This
results in gains and losses that are recognized in different interim and annual accounting periods.
See also the Fair Value section that follows.
CORPORATE & OTHER
Corporate & Other includes various holding company activities and holds certain non-utility debt
and energy-related investments.
45
The net loss for the quarter ended March 31, 2010 decreased by $9 million due to lower state and
local taxes of $6 million and favorable income tax adjustments of $5 million, partially offset by
$3 million of increased financing fees.
CAPITAL RESOURCES AND LIQUIDITY
Cash Requirements
We use cash to maintain and expand our electric and gas utilities and to grow our non-utility
businesses, retire and pay interest on long-term debt and pay dividends. We believe that we will
have sufficient internal and external capital resources to fund anticipated capital and operating
requirements. In 2010, we expect that cash from operations will be lower due to higher tax payments
and working capital requirements. We anticipate base level capital investments and expenditures for
existing businesses in 2010 of up to $1.4 billion. We expect over $2.2 billion of future
environmental capital expenditures through 2019 to satisfy both existing and proposed new
requirements. The capital needs of our utilities will also increase due primarily to renewable and
energy optimization related expenditures. We plan to seek regulatory approval to include these
capital expenditures within our regulatory rate base consistent with prior treatment. Capital
spending for growth of existing or new non-utility businesses will depend on the existence of
opportunities that meet our strict risk-return and value creation criteria.
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
|
March 31 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Cash and Cash Equivalents |
|
|
|
|
|
|
|
|
Cash Flow From (Used For) |
|
|
|
|
|
|
|
|
Operating activities: |
|
|
|
|
|
|
|
|
Net income attributable to DTE Energy |
|
$ |
230 |
|
|
$ |
179 |
|
Depreciation, depletion and amortization |
|
|
251 |
|
|
|
232 |
|
Deferred income taxes |
|
|
36 |
|
|
|
66 |
|
Other assets (gains), losses and reserves, net |
|
|
1 |
|
|
|
(3 |
) |
Working capital and other |
|
|
299 |
|
|
|
365 |
|
|
|
|
|
|
|
|
|
|
|
817 |
|
|
|
839 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investing activities: |
|
|
|
|
|
|
|
|
Plant and equipment expenditures utility |
|
|
(209 |
) |
|
|
(303 |
) |
Plant and equipment expenditures non-utility |
|
|
(30 |
) |
|
|
(23 |
) |
Proceeds from sale of other assets, net |
|
|
13 |
|
|
|
30 |
|
Restricted cash and other investments |
|
|
55 |
|
|
|
40 |
|
|
|
|
|
|
|
|
|
|
|
(171 |
) |
|
|
(256 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Financing activities: |
|
|
|
|
|
|
|
|
Redemption of long-term debt |
|
|
(90 |
) |
|
|
(86 |
) |
Short-term borrowings, net |
|
|
(330 |
) |
|
|
(414 |
) |
Issuance of common stock |
|
|
9 |
|
|
|
9 |
|
Dividends on common stock and other |
|
|
(94 |
) |
|
|
(90 |
) |
|
|
|
|
|
|
|
|
|
|
(505 |
) |
|
|
(581 |
) |
|
|
|
|
|
|
|
Net Increase in Cash and Cash Equivalents |
|
$ |
141 |
|
|
$ |
2 |
|
|
|
|
|
|
|
|
Cash from Operating Activities
A majority of our operating cash flow is provided by our electric and gas utilities, which are
significantly influenced by factors such as weather, electric Customer Choice, regulatory
deferrals, regulatory outcomes, economic conditions and operating costs.
Cash from operations in the first quarter of 2010 decreased $22 million from the comparable 2009
period primarily due to lower cash provided by working capital items in 2010.
46
Cash from Investing Activities
Cash inflows associated with investing activities are primarily generated from the sale of assets,
while cash outflows are primarily generated from plant and equipment expenditures. In any given
year, we will look to realize cash from under-performing or non-strategic assets or matured fully
valued assets. Capital spending within the utility business is primarily to maintain our generation
and distribution infrastructure, comply with environmental regulations and gas pipeline
replacements. Capital spending within our non-utility businesses is for ongoing maintenance and
expansion. The balance of non-utility spending is for growth, which we manage very carefully. We
look to make investments that meet strict criteria in terms of strategy, management skills, risks
and returns. All new investments are analyzed for their rates of return and cash payback on a risk
adjusted basis. We have been disciplined in how we deploy capital and will not make investments
unless they meet our criteria. For new business lines, we initially invest based on research and
analysis. We start with a limited investment, we evaluate results and either expand or exit the
business based on those results. In any given year, the amount of growth capital will be determined
by the underlying cash flows of the Company with a clear understanding of any potential impact on
our credit ratings.
Net cash used for investing activities was lower in the first quarter of 2010 by $85 million
primarily due to lower capital expenditures in our utilities.
Cash from Financing Activities
We rely on both short-term borrowing and long-term financing as a source of funding for our capital
requirements not satisfied by our operations.
Our strategy is to have a targeted debt portfolio blend of fixed and variable interest rates and
maturity. We continually evaluate our leverage target, which is currently 50 percent to 52 percent,
to ensure it is consistent with our objective to have a strong investment grade debt rating.
Net cash used for financing activities decreased $76 million during the first quarter of 2010 due
to decreased payments for short-term borrowings.
Outlook
We expect cash flow from operations to increase over the long-term primarily as a result of growth
from our utilities and the non-utility businesses. We expect growth in our utilities to be driven
primarily by new and existing state and federal regulations that will result in additional
environmental and renewable energy investments which will increase the base from which rates are
determined. Our non-utility growth is expected from additional investments in energy projects as
economic conditions improve.
We have been impacted by unfavorable national and regional economic trends that have reduced demand
for electricity in our service territory. We may be impacted by the delayed collection of
underrecoveries of our PSCR and GCR costs and electric and gas accounts receivable as a result of
MPSC orders. Energy prices are likely to be a source of volatility with regard to working capital
requirements for the foreseeable future. We are continuing our efforts to identify opportunities to
improve cash flow through working capital initiatives and maintaining flexibility in the timing and
extent of our long-term capital projects.
We have a $925 million five-year facility that expires in October 2010. We expect to pursue the
renewal of that facility before its expiration. Given current conditions in the credit markets, we
anticipate that the new facility will be similar to our April 2009 facility with respect to such
items as bank participation, allocation levels and covenants. See Note 11 of the Notes to
Consolidated Financial Statements.
In March 2010, the Patient Protection and Affordable Care Act (PPACA) and the Health Care and
Education Reconciliation Act (HCERA) were enacted into law (collectively, the Act). The Act is a
comprehensive health care reform bill. A provision of the PPACA repeals the current rule permitting
deduction of the portion of the drug coverage expense that is offset by the Medicare Part D
subsidy, effective for taxable years beginning after December 31, 2012. The Company is currently
assessing other impacts the legislation may have on its healthcare costs. The Company contributed
$200 million to its pension plans during the first quarter of 2010, including a DTE Energy stock
contribution of $100 million. The Company expects
to
47
contribute $150 million to its postretirement medical and life insurance benefit plans during 2010.
No contributions were made to the plans in the first quarter of 2010. See Note 13 of the Notes to
Consolidated Financial Statements.
We believe we have sufficient operating flexibility, cash resources and funding sources to maintain
adequate amounts of liquidity and to meet our future operating cash and capital expenditure needs.
However, virtually all of our businesses are capital intensive, or require access to capital, and
the inability to access adequate capital could adversely impact earnings and cash flows.
CRITICAL ACCOUNTING ESTIMATES
Regulation
A significant portion of our business is subject to regulation. This results in differences in the
application of generally accepted accounting principles between regulated and non-regulated
businesses. Detroit Edison and MichCon are required to record regulatory assets and liabilities for
certain transactions that would have been treated as revenue or expense in non-regulated
businesses.
In March 2010, the Patient Protection and Affordable Care Act (PPACA) and the Health Care and
Education Reconciliation Act (HCERA) were enacted into law (collectively, the Act). A provision
of the PPACA repeals the current rule permitting deduction of the portion of the drug coverage
expense that is offset by the Medicare Part D subsidy, effective for taxable years beginning after
December 31, 2012. This change in tax law required a remeasurement of the deferred tax asset
related to the Other Postretirement Benefit Obligation (OPEB) and the deferred tax liability
related to the OPEB Regulatory Asset. Income tax accounting rules require the impact of a change
in tax law be recognized in continuing operations in the Consolidated Statements of Operations in
the period that the tax law change is enacted. However, regulated businesses may defer changes in
tax law if allowed by regulators. The MPSCs historical practice has been to recognize both the
expense and working capital impacts for OPEB costs. In addition, the current and deferred tax
effects related to OPEB costs have been recognized consistently. The effects of the subsidy have
been reflected through lower tax expense included in rates. The Company believes it has reasonable
assurance that the impacts related to the enactment of the Act are recoverable through rates in
future periods. Therefore, the amounts related to Detroit Edison of $18 million and MichCon of $4
million have been deferred as Regulatory Assets.
See Note 13 of the Notes to Consolidated Financial Statements.
FAIR VALUE
Derivatives are generally recorded at fair value and shown as Derivative Assets or Liabilities.
Contracts we typically classify as derivative instruments include power, gas, oil and certain coal
forwards, futures, options and swaps, and foreign currency exchange contracts. Items we do not
generally account for as derivatives include proprietary gas inventory, gas storage and
transportation arrangements, and gas and oil reserves. See Notes 4 and 5 of the Notes to
Consolidated Financial Statements.
As a result of adherence to generally accepted accounting principles, the tables below do not
include the expected earnings impact of non-derivative gas storage, transportation and power
contracts. Consequently, gains and losses from these positions may not match with the related
physical and financial hedging instruments in some reporting periods, resulting in volatility in
DTE Energys reported period-by-period earnings; however, the financial impact of the timing
differences will reverse at the time of physical delivery and/or settlement.
The Company manages its mark-to-market (MTM) risk on a portfolio basis based upon the delivery
period of its contracts and the individual components of the risks within each contract.
Accordingly, it records and manages the energy purchase and sale obligations under its contracts in
separate components based on the commodity (e.g. electricity or gas), the product (e.g. electricity
for delivery during peak or off-peak hours), the delivery location (e.g. by region), the risk
profile (e.g. forward or option), and the delivery period (e.g. by month and year).
The Company has established a fair value hierarchy, which prioritizes the inputs to valuation
techniques used to measure fair value in three broad levels. The fair value hierarchy gives the
highest priority to quoted prices
48
(unadjusted) in active markets for identical assets or liabilities (Level 1) and the lowest
priority to unobservable inputs (Level 3). For further discussion of the fair value hierarchy, see
Note 4 of the Notes to Consolidated Financial Statements.
The following tables provide details on changes in our MTM net asset (or liability) position for
the three months ended March 31, 2010:
|
|
|
|
|
(in Millions) |
|
Total |
|
MTM at December 31, 2009 |
|
$ |
(93 |
) |
|
|
|
|
Reclassify to realized upon settlement |
|
|
(3 |
) |
Changes in fair value recorded to income |
|
|
63 |
|
|
|
|
|
Amounts recorded to unrealized income |
|
|
60 |
|
Changes in fair value recorded in regulatory liabilities |
|
|
(1 |
) |
Amounts recorded in other comprehensive income, pretax |
|
|
1 |
|
Change in collateral held by (for) others |
|
|
40 |
|
Option premiums paid and other |
|
|
(15 |
) |
|
|
|
|
MTM at March 31, 2010 |
|
$ |
(8 |
) |
|
|
|
|
The table below shows the maturity of our MTM positions:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2013 |
|
|
|
|
(in Millions) |
|
|
|
|
|
|
|
|
|
|
|
|
|
and |
|
|
Total Fair |
|
Source of Fair Value |
|
2010 |
|
|
2011 |
|
|
2012 |
|
|
Beyond |
|
|
Value |
|
Level 1 |
|
$ |
(62 |
) |
|
$ |
17 |
|
|
$ |
(22 |
) |
|
$ |
22 |
|
|
$ |
(45 |
) |
Level 2 |
|
|
(35 |
) |
|
|
(62 |
) |
|
|
(53 |
) |
|
|
(35 |
) |
|
|
(185 |
) |
Level 3 |
|
|
26 |
|
|
|
37 |
|
|
|
30 |
|
|
|
3 |
|
|
|
96 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total MTM before netting adjustments |
|
$ |
(71 |
) |
|
$ |
(8 |
) |
|
$ |
(45 |
) |
|
$ |
(10 |
) |
|
$ |
(134 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Collateral adjustments |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
126 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total MTM at March 31, 2010 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
(8 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
49
Part I Item 3.
QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK
Market Price Risk
DTE Energy has commodity price risk in both utility and non-utility businesses arising from market
price fluctuations.
The Electric and Gas utility businesses have risks in conjunction with the anticipated purchases of
coal, natural gas, uranium, electricity, and base metals to meet their service obligations.
However, the Company does not bear significant exposure to earnings risk as such changes are
included in the form of PSCR and GCR regulatory rate-recovery mechanisms. In addition, changes in
the price of natural gas can impact the valuation of lost and stolen gas, storage sales revenue and
uncollectible expenses at the Gas Utility. Gas Utility manages its market price risk related to
storage sales revenue primarily through the sale of long-term storage contracts. The Company has
tracking mechanisms to mitigate a portion of losses related to uncollectible accounts receivable at
MichCon and Detroit Edison. The Company is exposed to short-term cash flow or liquidity risk as a
result of the time differential between actual cash settlements and regulatory rate recovery.
Our Gas Storage and Pipelines business segment has limited exposure to natural gas price
fluctuations and manages its exposure through the sale of long-term storage and transportation
contracts.
Our Unconventional Gas Production business segment has exposure to natural gas and, to a lesser
extent, crude oil price fluctuations. These commodity price fluctuations can impact both current
year earnings and reserve valuations. To manage this exposure we may use forward energy and futures
contracts.
Our Power and Industrial Projects business segment is subject to electricity, natural gas, coal and
coal-based product price risk and other risks associated with the weakened U.S. economy. To the
extent that commodity price risk has not been mitigated through the use of long-term contracts, we
manage this exposure using forward energy, capacity and futures contracts.
Our Energy Trading business segment has exposure to electricity, natural gas, crude oil, heating
oil, and foreign currency exchange price fluctuations. These risks are managed by our energy
marketing and trading operations through the use of forward energy, capacity, storage, options and
futures contracts, within pre-determined risk parameters.
Credit Risk
Bankruptcies
The Company purchases and sells electricity, gas, coal, coke and other energy products from and to
numerous companies operating in the steel, automotive, energy, retail, financial and other
industries. Certain of its customers have filed for bankruptcy protection under Chapter 11 of the
U.S. Bankruptcy Code. The Company regularly reviews contingent matters relating to these customers
and its purchase and sale contracts and records provisions for amounts considered at risk of
probable loss. The Company believes its accrued amounts are adequate for probable loss. The final
resolution of these matters may have a material effect on its consolidated financial statements.
Other
We engage in business with customers that are non-investment grade. We closely monitor the credit
ratings of these customers and, when deemed necessary, we request collateral or guarantees from
such customers to secure their obligations.
50
Trading Activities
We are exposed to credit risk through trading activities. Credit risk is the potential loss that
may result if our trading counterparties fail to meet their contractual obligations. We utilize
both external and internally generated credit assessments when determining the credit quality of
our trading counterparties. The following table displays the credit quality of our trading
counterparties as of March 31, 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Credit Exposure |
|
|
|
|
|
|
|
|
|
Before Cash |
|
|
Cash |
|
|
Net Credit |
|
|
|
Collateral |
|
|
Collateral |
|
|
Exposure |
|
(in Millions) |
|
Investment Grade(1) |
|
|
|
|
|
|
|
|
|
|
|
|
A- and Greater |
|
$ |
304 |
|
|
$ |
(26 |
) |
|
$ |
278 |
|
BBB+ and BBB |
|
|
296 |
|
|
|
|
|
|
|
296 |
|
BBB- |
|
|
78 |
|
|
|
|
|
|
|
78 |
|
|
|
|
|
|
|
|
|
|
|
Total Investment Grade |
|
|
678 |
|
|
|
(26 |
) |
|
|
652 |
|
|
Non-investment grade(2) |
|
|
1 |
|
|
|
|
|
|
|
1 |
|
Internally Rated investment grade(3) |
|
|
162 |
|
|
|
(10 |
) |
|
|
152 |
|
Internally Rated non-investment grade(4) |
|
|
8 |
|
|
|
|
|
|
|
8 |
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
849 |
|
|
$ |
(36 |
) |
|
$ |
813 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) |
|
This category includes counterparties with minimum credit ratings of
Baa3 assigned by Moodys Investor Service (Moodys) and BBB- assigned
by Standard & Poors Rating Group (Standard & Poors). The five
largest counterparty exposures combined for this category represented
approximately 34 percent of the total gross credit exposure. |
|
(2) |
|
This category includes counterparties with credit ratings that are
below investment grade. The five largest counterparty exposures
combined for this category represented less than 1 percent of the
total gross credit exposure. |
|
(3) |
|
This category includes counterparties that have not been rated by
Moodys or Standard & Poors, but are considered investment grade
based on DTE Energys evaluation of the counterpartys
creditworthiness. The five largest counterparty exposures combined for
this category represented approximately 14 percent of the total gross
credit exposure. |
|
(4) |
|
This category includes counterparties that have not been rated by
Moodys or Standard & Poors, and are considered non-investment grade
based on DTE Energys evaluation of the counterpartys
creditworthiness. The five largest counterparty exposures combined for
this category represented less than 1 percent of the total gross
credit exposure. |
Interest Rate Risk
DTE Energy is subject to interest rate risk in connection with the issuance of debt and preferred
securities. In order to manage interest costs, we may use treasury locks and interest rate swap
agreements. Our exposure to interest rate risk arises primarily from changes in U.S. Treasury
rates, commercial paper rates and London Inter-Bank Offered Rates (LIBOR). As of March 31, 2010, we
had a floating rate debt-to-total debt ratio of less than one percent (excluding securitized debt).
Foreign Currency Exchange Risk
The Company has foreign currency exchange risk arising from market price fluctuations associated
with fixed priced contracts. These contracts are denominated in Canadian dollars and are primarily
for the purchase and sale of power as well as for long-term transportation capacity. To limit our
exposure to foreign currency exchange fluctuations, we have entered
into a series of foreign currency exchange
forward contracts through January 2013. Additionally, we may
enter into fair value foreign currency exchange hedges
to mitigate changes in the value of contracts or loans.
51
Summary of Sensitivity Analysis
The Company performed a sensitivity analysis on the fair values of our commodity contracts,
long-term debt obligations and foreign currency exchange forward contracts. The commodity contracts
and foreign currency exchange risk listed below principally relate to our energy marketing and
trading activities. The sensitivity analysis involved increasing and decreasing forward rates at
March 31, 2010 and 2009 by a hypothetical 10% and calculating the resulting change in the fair
values.
The results of the sensitivity analysis calculations as of March 31, 2010 and 2009:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Assuming a |
|
Assuming a |
|
|
|
|
10%
Increase in Rates |
|
10%
Decrease in Rates |
|
|
(in Millions) |
|
As
of March 31, |
|
As
of March 31, |
|
|
Activity |
|
2010 |
|
2009 |
|
2010 |
|
2009 |
|
Change in the Fair Value of |
Coal Contracts |
|
$ |
|
|
|
$ |
1 |
|
|
$ |
|
|
|
$ |
(1 |
) |
|
Commodity contracts |
Gas Contracts |
|
$ |
3 |
|
|
$ |
(4 |
) |
|
$ |
(2 |
) |
|
$ |
3 |
|
|
Commodity contracts |
Oil Contracts |
|
$ |
1 |
|
|
$ |
1 |
|
|
$ |
(1 |
) |
|
$ |
(1 |
) |
|
Commodity contracts |
Power Contracts |
|
$ |
(4 |
) |
|
$ |
(2 |
) |
|
$ |
6 |
|
|
$ |
2 |
|
|
Commodity contracts |
Interest Rate Risk |
|
$ |
(286 |
) |
|
$ |
(306 |
) |
|
$ |
308 |
|
|
$ |
334 |
|
|
Long-term debt |
Foreign Currency Exchange Risk |
|
$ |
4 |
|
|
$ |
2 |
|
|
$ |
(4 |
) |
|
$ |
(2 |
) |
|
Forward contracts |
Discount Rates |
|
$ |
|
|
|
$ |
|
|
|
$ |
|
|
|
$ |
|
|
|
Commodity contracts |
For further discussion of market risk, see Note 5 of the Notes to Consolidated Financial
Statements.
52
Part I Item 4.
CONTROLS AND PROCEDURES
(a) Evaluation of disclosure controls and procedures
Management of the Company carried out an evaluation, under the supervision and with the
participation of DTE Energys Chief Executive Officer and Chief Financial Officer, of the
effectiveness of the design and operation of the Companys disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) as of March 31, 2010, which is the end of
the period covered by this report. Based on this evaluation, the Companys Chief Executive Officer
and Chief Financial Officer have concluded that such controls and procedures are effective in
providing reasonable assurance that information required to be disclosed by the Company in reports
that it files or submits under the Exchange Act is recorded, processed, summarized and reported
within the time periods specified in the SECs rules and forms. Disclosure controls and procedures
include, without limitation, controls and procedures designed to provide reasonable assurance that
information required to be disclosed by the Company in the reports that it files or submits under
the Exchange Act is accumulated and communicated to the Companys management, including its Chief
Executive Officer and Chief Financial Officer, as appropriate to allow timely decisions regarding
required disclosure. Due to the inherent limitations in the effectiveness of any disclosure
controls and procedures, management cannot provide absolute assurance that the objectives of its
disclosure controls and procedures will be attained.
(b) Changes in internal control over financial reporting
There have been no changes in the Companys internal control over financial reporting during the
quarter ended March 31, 2010 that have materially affected, or are reasonably likely to materially
affect, the Companys internal control over financial reporting.
53
Part II Other Information
Item 1. Legal Proceedings
The Company is involved in certain legal, regulatory, administrative and environmental
proceedings before various courts, arbitration panels and governmental agencies concerning claims
arising in the ordinary course of business. These proceedings include certain contract disputes,
additional environmental reviews and investigations, audits, inquiries from various regulators, and
pending judicial matters. The Company cannot predict the final disposition of such proceedings. The
Company regularly reviews legal matters and records provisions for claims it can estimate and are
considered probable of loss. The resolution of these pending proceedings is not expected to have a
material effect on the Companys operations or financial statements in the periods they are
resolved.
54
Item 2. Unregistered Sales of Equity Securities and Use of Proceeds; Purchases of Equity
Securities by the Issuer and Affiliated Purchasers
The following table provides information about Company purchases of equity securities that are
registered by the Company pursuant to Section 12 of the Securities Exchange Act of 1934 during the
three months ended March 31, 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Number of |
|
Maximum Dollar |
|
|
|
|
|
|
|
|
|
|
Shares Purchased |
|
Value that May Yet |
|
|
Total Number |
|
Average |
|
as Part of Publicly |
|
Be Purchased Under |
|
|
of Shares |
|
Price Paid |
|
Announced Plans |
|
the Plans or |
Period |
|
Purchased (1) |
|
Per Share |
|
or Programs |
|
Programs |
01/01/10 01/31/10 |
|
|
|
|
|
$ |
|
|
|
|
|
|
|
|
|
|
02/01/10 02/28/10 |
|
|
|
|
|
$ |
|
|
|
|
|
|
|
|
|
|
03/01/10 03/31/10 |
|
|
55,000 |
|
|
$ |
45.07 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
55,000 |
|
|
$ |
45.07 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) |
|
Represents shares of common stock purchased on the open market to provide shares to
participants under various employee compensation and incentive programs. These purchases were
not made pursuant to a publicly announced plan or program. |
Item 6. Exhibits
|
|
|
Exhibit |
|
|
Number |
|
Description |
|
|
|
Exhibits filed herewith: |
|
|
|
31-57
|
|
Chief Executive Officer Section 302 Form 10-Q Certification |
|
|
|
31-58
|
|
Chief Financial Officer Section 302 Form 10-Q Certification |
|
|
|
Exhibits furnished herewith: |
|
|
|
32-57
|
|
Chief Executive Officer Section 906 Form 10-Q Certification |
|
|
|
32-58
|
|
Chief Financial Officer Section 906 Form 10-Q Certification |
|
|
|
101.INS
|
|
XBRL Instance Document |
|
|
|
101.SCH
|
|
XBRL Taxonomy Extension Schema |
|
|
|
101.CAL
|
|
XBRL Taxonomy Extension Calculation Linkbase |
|
|
|
101.DEF
|
|
XBRL Taxonomy Extension Definition Database |
|
|
|
101.LAB
|
|
XBRL Taxonomy Extension Label Linkbase |
|
|
|
101.PRE
|
|
XBRL Taxonomy Extension Presentation Linkbase |
55
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused
this report to be signed on its behalf by the undersigned thereunto duly authorized.
|
|
|
|
|
DTE ENERGY COMPANY |
|
|
(Registrant) |
|
|
|
Date: April 28, 2010
|
|
/s/ PETER B. OLEKSIAK |
|
|
|
|
|
Peter B. Oleksiak
Vice President, Controller and Investor Relations and
Chief Accounting Officer |
56