e10vq
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q
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QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the Quarterly Period ended June 30, 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 June 30, 2010, 168,791,973 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 June 30, 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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CTA
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Costs to achieve, consisting of project management, consultant support and
employee severance, related to the Performance Excellence Process. |
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Customer Choice
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Michigan legislation giving customers 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 are financial instruments that entitle the
holder to receive payments related to costs incurred for congestion on the
transmission grid. |
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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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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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MNRE
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Michigan Department of Natural Resources and Environment |
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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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United States 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. |
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Subsidiaries
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The direct and indirect subsidiaries of DTE Energy |
1
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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 changes in 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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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; |
3
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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.
DTE Energy Company
Consolidated Statements of Operations (Unaudited)
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Three Months Ended |
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Six Months Ended |
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June 30 |
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June 30 |
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(in Millions, Except per Share Amounts) |
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2010 |
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2009 |
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2010 |
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2009 |
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Operating Revenues |
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$ |
1,792 |
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$ |
1,688 |
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$ |
4,245 |
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$ |
3,943 |
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Operating Expenses |
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Fuel, purchased power and gas |
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608 |
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577 |
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1,603 |
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1,537 |
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Operation and maintenance |
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597 |
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595 |
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1,249 |
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1,186 |
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Depreciation, depletion and amortization |
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253 |
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240 |
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504 |
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472 |
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Taxes other than income |
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80 |
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61 |
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162 |
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141 |
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Other asset (gains) and losses, reserves and
impairments, net |
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(2 |
) |
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(1 |
) |
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(3 |
) |
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1,536 |
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1,473 |
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3,517 |
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3,333 |
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Operating Income |
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256 |
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215 |
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728 |
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610 |
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Other (Income) and Deductions |
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Interest expense |
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136 |
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134 |
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276 |
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266 |
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Interest income |
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(3 |
) |
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(3 |
) |
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(6 |
) |
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(6 |
) |
Other income |
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(23 |
) |
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(22 |
) |
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(42 |
) |
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(46 |
) |
Other expenses |
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15 |
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(5 |
) |
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23 |
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9 |
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125 |
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104 |
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251 |
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223 |
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Income Before Income Taxes |
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131 |
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111 |
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477 |
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387 |
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Income Tax Provision |
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44 |
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27 |
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160 |
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124 |
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Net Income |
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87 |
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84 |
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317 |
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263 |
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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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2 |
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2 |
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Net Income Attributable to DTE Energy Company |
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$ |
86 |
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$ |
83 |
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$ |
315 |
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$ |
261 |
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Basic Earnings per Common Share |
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Net Income Attributable to DTE Energy Company |
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$ |
.51 |
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$ |
.51 |
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$ |
1.88 |
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$ |
1.59 |
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Diluted Earnings per Common Share |
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Net Income Attributable to DTE Energy Company |
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$ |
.51 |
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$ |
.51 |
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$ |
1.88 |
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$ |
1.59 |
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Weighted Average Common Shares Outstanding |
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Basic |
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169 |
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164 |
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167 |
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164 |
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Diluted |
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169 |
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164 |
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168 |
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164 |
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Dividends Declared per Common Share |
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$ |
.53 |
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$ |
.53 |
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$ |
1.06 |
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$ |
1.06 |
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See Notes to Consolidated Financial Statements (Unaudited)
5
DTE Energy Company
Consolidated Statements of Financial Position (Unaudited)
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June 30 |
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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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$ |
124 |
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$ |
52 |
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Restricted cash |
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87 |
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84 |
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Accounts receivable (less allowance for doubtful
accounts of $246 and $262, respectively) |
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Customer |
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1,219 |
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1,438 |
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Other |
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95 |
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|
217 |
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Inventories |
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Fuel and gas |
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353 |
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|
309 |
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Materials and supplies |
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212 |
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|
200 |
|
Deferred income taxes |
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|
151 |
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|
167 |
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Derivative assets |
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|
175 |
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|
209 |
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Other |
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|
165 |
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201 |
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2,581 |
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|
2,877 |
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Investments |
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Nuclear decommissioning trust funds |
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|
824 |
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|
817 |
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Other |
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|
428 |
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|
598 |
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|
1,252 |
|
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|
1,415 |
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Property |
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Property, plant and equipment |
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21,137 |
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20,588 |
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Less accumulated depreciation, depletion and amortization |
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(8,366 |
) |
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(8,157 |
) |
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|
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|
|
|
|
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|
12,771 |
|
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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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|
4,128 |
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|
4,110 |
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Securitized regulatory assets |
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|
802 |
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|
870 |
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Intangible assets |
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|
58 |
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|
54 |
|
Notes receivable |
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|
127 |
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|
|
113 |
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Derivative assets |
|
|
108 |
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|
116 |
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Other |
|
|
182 |
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|
185 |
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|
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|
7,429 |
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|
7,472 |
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Total Assets |
|
$ |
24,033 |
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|
$ |
24,195 |
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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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June 30 |
|
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December 31 |
|
(in Millions, Except Shares) |
|
2010 |
|
|
2009 |
|
LIABILITIES AND EQUITY |
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Current Liabilities |
|
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Accounts payable |
|
$ |
684 |
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|
$ |
723 |
|
Accrued interest |
|
|
114 |
|
|
|
114 |
|
Dividends payable |
|
|
89 |
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|
88 |
|
Short-term borrowings |
|
|
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|
|
|
327 |
|
Current portion long-term debt, including capital leases |
|
|
1,335 |
|
|
|
671 |
|
Derivative liabilities |
|
|
170 |
|
|
|
220 |
|
Other |
|
|
539 |
|
|
|
502 |
|
|
|
|
|
|
|
|
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|
2,931 |
|
|
|
2,645 |
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|
|
|
|
|
|
|
|
|
|
|
Long-Term Debt (net of current portion) |
|
|
|
|
|
|
|
|
Mortgage bonds, notes and other |
|
|
5,584 |
|
|
|
6,237 |
|
Securitization bonds |
|
|
717 |
|
|
|
793 |
|
Trust preferred-linked securities |
|
|
289 |
|
|
|
289 |
|
Capital lease obligations |
|
|
43 |
|
|
|
51 |
|
|
|
|
|
|
|
|
|
|
|
6,633 |
|
|
|
7,370 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Other Liabilities |
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
2,209 |
|
|
|
2,096 |
|
Regulatory liabilities |
|
|
1,397 |
|
|
|
1,337 |
|
Asset retirement obligations |
|
|
1,480 |
|
|
|
1,420 |
|
Unamortized investment tax credit |
|
|
80 |
|
|
|
85 |
|
Derivative liabilities |
|
|
145 |
|
|
|
198 |
|
Liabilities from transportation and storage contracts |
|
|
89 |
|
|
|
96 |
|
Accrued pension liability |
|
|
700 |
|
|
|
881 |
|
Accrued postretirement liability |
|
|
1,316 |
|
|
|
1,287 |
|
Nuclear decommissioning |
|
|
138 |
|
|
|
136 |
|
Other |
|
|
315 |
|
|
|
328 |
|
|
|
|
|
|
|
|
|
|
|
7,869 |
|
|
|
7,864 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Commitments and Contingencies (Notes 7 and 12) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Equity |
|
|
|
|
|
|
|
|
Common stock, without par value, 400,000,000 shares
authorized, 168,791,973 and 165,400,045 shares issued
and outstanding, respectively |
|
|
3,405 |
|
|
|
3,257 |
|
Retained earnings |
|
|
3,305 |
|
|
|
3,168 |
|
Accumulated other comprehensive loss |
|
|
(153 |
) |
|
|
(147 |
) |
|
|
|
|
|
|
|
Total DTE Energy Company Equity |
|
|
6,557 |
|
|
|
6,278 |
|
Noncontrolling interests |
|
|
43 |
|
|
|
38 |
|
|
|
|
|
|
|
|
Total Equity |
|
|
6,600 |
|
|
|
6,316 |
|
|
|
|
|
|
|
|
Total Liabilities and Equity |
|
$ |
24,033 |
|
|
$ |
24,195 |
|
|
|
|
|
|
|
|
See Notes to Consolidated Financial Statements (Unaudited)
7
DTE Energy Company
Consolidated Statements of Cash Flows (Unaudited)
|
|
|
|
|
|
|
|
|
|
|
Six Months Ended |
|
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Operating Activities |
|
|
|
|
|
|
|
|
Net income |
|
$ |
317 |
|
|
$ |
263 |
|
Adjustments to reconcile net income to net cash from operating activities: |
|
|
|
|
|
|
|
|
Depreciation, depletion and amortization |
|
|
504 |
|
|
|
472 |
|
Deferred income taxes |
|
|
72 |
|
|
|
88 |
|
Other asset (gains), losses and reserves, net |
|
|
1 |
|
|
|
3 |
|
Changes in assets and liabilities, exclusive of changes shown separately (Note 15) |
|
|
257 |
|
|
|
475 |
|
|
|
|
|
|
|
|
Net cash from operating activities |
|
|
1,151 |
|
|
|
1,301 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investing Activities |
|
|
|
|
|
|
|
|
Plant and equipment expenditures utility |
|
|
(463 |
) |
|
|
(581 |
) |
Plant and equipment expenditures non-utility |
|
|
(52 |
) |
|
|
(32 |
) |
Proceeds from sale of other assets, net |
|
|
24 |
|
|
|
32 |
|
Restricted cash for debt redemption |
|
|
1 |
|
|
|
17 |
|
Proceeds from sale of nuclear decommissioning trust fund assets |
|
|
128 |
|
|
|
182 |
|
Investment in nuclear decommissioning trust funds |
|
|
(145 |
) |
|
|
(190 |
) |
Consolidation of VIEs |
|
|
19 |
|
|
|
|
|
Other |
|
|
(4 |
) |
|
|
(38 |
) |
|
|
|
|
|
|
|
Net cash used for investing activities |
|
|
(492 |
) |
|
|
(610 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Financing Activities |
|
|
|
|
|
|
|
|
Issuance of long-term debt |
|
|
|
|
|
|
363 |
|
Redemption of long-term debt |
|
|
(91 |
) |
|
|
(355 |
) |
Short-term borrowings, net |
|
|
(327 |
) |
|
|
(543 |
) |
Issuance of common stock |
|
|
23 |
|
|
|
18 |
|
Dividends on common stock |
|
|
(176 |
) |
|
|
(173 |
) |
Other |
|
|
(16 |
) |
|
|
(45 |
) |
|
|
|
|
|
|
|
Net cash used for financing activities |
|
|
(587 |
) |
|
|
(735 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Increase (Decrease) in Cash and Cash Equivalents |
|
|
72 |
|
|
|
(44 |
) |
Cash and Cash Equivalents at Beginning of Period |
|
|
52 |
|
|
|
86 |
|
|
|
|
|
|
|
|
Cash and Cash Equivalents at End of Period |
|
$ |
124 |
|
|
$ |
42 |
|
|
|
|
|
|
|
|
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 |
|
|
|
|
|
|
|
|
|
|
315 |
|
|
|
|
|
|
|
2 |
|
|
|
317 |
|
Benefit obligations, net of tax |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
14 |
|
|
|
|
|
|
|
14 |
|
Dividends declared on common stock |
|
|
|
|
|
|
|
|
|
|
(178 |
) |
|
|
|
|
|
|
|
|
|
|
(178 |
) |
Issuance of common stock |
|
|
400 |
|
|
|
23 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
23 |
|
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 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(22 |
) |
|
|
|
|
|
|
(22 |
) |
Stock-based compensation and other |
|
|
768 |
|
|
|
25 |
|
|
|
|
|
|
|
|
|
|
|
3 |
|
|
|
28 |
|
|
Balance, June 30, 2010 |
|
|
168,792 |
|
|
$ |
3,405 |
|
|
$ |
3,305 |
|
|
$ |
(153 |
) |
|
$ |
43 |
|
|
$ |
6,600 |
|
|
The following table displays comprehensive income for the six-month periods ended June 30:
|
|
|
|
|
|
|
|
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Net income |
|
$ |
317 |
|
|
$ |
263 |
|
|
|
|
|
|
|
|
Other comprehensive income (loss), net of tax: |
|
|
|
|
|
|
|
|
Benefit obligations: |
|
|
|
|
|
|
|
|
Benefit obligation, net of taxes of $2 and $3 |
|
|
4 |
|
|
|
5 |
|
Amounts reclassified to benefit obligations related to
consolidation of VIEs (Note 1), net of taxes of $5 and $- |
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
14 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net unrealized gains (losses) on derivatives: |
|
|
|
|
|
|
|
|
Gains (losses) during the period, net of taxes of $1 and $1 |
|
|
1 |
|
|
|
3 |
|
Amounts reclassified to income, net of taxes of $1 and $(1) |
|
|
1 |
|
|
|
(1 |
) |
|
|
|
|
|
|
|
|
|
|
2 |
|
|
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net unrealized gains (losses) on investments: |
|
|
|
|
|
|
|
|
Gains (losses) during the period, net of taxes of $(6) and $4 |
|
|
(12 |
) |
|
|
9 |
|
Amounts reclassified to income, net of taxes of $- and $2 |
|
|
|
|
|
|
3 |
|
Amounts reclassified to benefit obligations related to
consolidation of VIEs (Note 1), net of taxes of $(5) and $- |
|
|
(10 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(22 |
) |
|
|
12 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Foreign currency translation |
|
|
|
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Comprehensive income |
|
|
311 |
|
|
|
283 |
|
Less: Comprehensive income attributable to noncontrolling interests |
|
|
2 |
|
|
|
2 |
|
|
|
|
|
|
|
|
Comprehensive income attributable to DTE Energy Company |
|
$ |
309 |
|
|
$ |
281 |
|
|
|
|
|
|
|
|
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,
gathering, distribution and sale of natural gas to approximately 1.2 million customers
throughout Michigan; and |
|
|
|
|
Other businesses 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 MNRE.
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 the Companys 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.
Certain prior year balances were reclassified to match the current years financial statement
presentation.
Principles of Consolidation Variable Interest Entity (VIE)
As discussed in Note 3, effective January 1, 2010, the Company 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. The Company
consolidates VIEs for which it is 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, the Company considers 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 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.
10
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, in 2010 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.
In 2001, Detroit Edison financed a regulatory asset related to Fermi 2 and certain other regulatory
assets 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. Under ASU 2009-17, this entity is now a VIE, and continues to
be consolidated as 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. DTE Energy has reviewed these interests and has 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 the Companys Consolidated
Statements of Financial Position. For non-consolidated VIEs, the maximum risk exposure is generally
limited to its investment and amounts which it has guaranteed.
The following table summarizes the major balance sheet items for consolidated VIEs as of June 30,
2010 and December 31, 2009. Amounts at June 30, 2010 for consolidated VIEs that are either (1)
assets that 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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
June 30, 2010 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Restricted |
|
|
December 31, |
|
(in Millions) |
|
Securitization |
|
|
Other |
|
|
Total |
|
|
Amounts |
|
|
2009 |
|
ASSETS |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cash and cash equivalents |
|
$ |
|
|
|
$ |
33 |
|
|
$ |
33 |
|
|
$ |
1 |
|
|
$ |
7 |
|
Restricted cash |
|
|
77 |
|
|
|
5 |
|
|
|
82 |
|
|
|
82 |
|
|
|
|
|
Accounts receivable |
|
|
46 |
|
|
|
92 |
|
|
|
138 |
|
|
|
51 |
|
|
|
3 |
|
Inventories |
|
|
|
|
|
|
78 |
|
|
|
78 |
|
|
|
4 |
|
|
|
39 |
|
Other current assets |
|
|
|
|
|
|
7 |
|
|
|
7 |
|
|
|
|
|
|
|
|
|
Property, plant and equipment |
|
|
|
|
|
|
398 |
|
|
|
398 |
|
|
|
|
|
|
|
44 |
|
Securitized regulatory assets |
|
|
802 |
|
|
|
|
|
|
|
802 |
|
|
|
802 |
|
|
|
|
|
Notes receivable |
|
|
|
|
|
|
25 |
|
|
|
25 |
|
|
|
18 |
|
|
|
12 |
|
Other assets |
|
|
18 |
|
|
|
29 |
|
|
|
47 |
|
|
|
20 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
943 |
|
|
$ |
667 |
|
|
$ |
1,610 |
|
|
$ |
978 |
|
|
$ |
105 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
LIABILITIES |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Accounts payable and accrued current liabilities |
|
$ |
19 |
|
|
$ |
46 |
|
|
$ |
65 |
|
|
$ |
19 |
|
|
$ |
3 |
|
Current portion long-term debt, including
capital leases |
|
|
144 |
|
|
|
7 |
|
|
|
151 |
|
|
|
146 |
|
|
|
|
|
Other current liabilities |
|
|
44 |
|
|
|
19 |
|
|
|
63 |
|
|
|
44 |
|
|
|
4 |
|
Mortgage bonds, notes and other |
|
|
|
|
|
|
38 |
|
|
|
38 |
|
|
|
21 |
|
|
|
|
|
Securitization bonds |
|
|
717 |
|
|
|
|
|
|
|
717 |
|
|
|
717 |
|
|
|
|
|
Capital lease obligations |
|
|
|
|
|
|
24 |
|
|
|
24 |
|
|
|
|
|
|
|
26 |
|
Other long term liabilities |
|
|
5 |
|
|
|
101 |
|
|
|
106 |
|
|
|
7 |
|
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
929 |
|
|
$ |
235 |
|
|
$ |
1,164 |
|
|
$ |
954 |
|
|
$ |
43 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
11
Amounts for non-consolidated VIEs as of June 30, 2010 and December 31, 2009 are as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Restricted |
|
|
|
|
|
|
|
|
Amounts |
|
|
|
|
June 30, |
|
June 30, |
|
December 31, |
(in Millions) |
|
2010 |
|
2010 |
|
2009 |
Other investments |
|
$ |
59 |
|
|
$ |
|
|
|
$ |
178 |
|
Bank loan guarantee |
|
|
10 |
|
|
|
|
|
|
|
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. The Companys intangible assets related to emission allowances were $9
million at June 30, 2010 and December 31, 2009. The gross carrying amount and accumulated
amortization of contract intangible assets at June 30, 2010 were $70 million and $21 million,
respectively. The gross carrying amount and accumulated amortization of contract intangible assets
at December 31, 2009 were $64 million and $19 million, respectively.
Income Taxes
The Companys effective tax rate for the three months ended June 30, 2010 was 34 percent as
compared to 24 percent for the three months ended June 30, 2009, and for the six months ended June
30, 2010 was 34 percent as compared to 32 percent for the six months ended June 30, 2009. The 2010
rate is higher than 2009 due primarily to the recognition of tax benefits from the settlement of
tax audits in the second quarter of 2009.
The Company had $8 million and $7 million of unrecognized tax benefits at June 30, 2010 and at
December 31, 2009, respectively, that, if recognized, would favorably impact its effective tax
rate. The Company believes that it is 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 June 30,
2010, the total cash collateral posted, net of cash collateral received, was $60 million.
Derivative assets and derivative liabilities are shown net of collateral of $19 million and $65
million, respectively. At June 30, 2010, the Company recorded cash collateral received of $1
million and cash collateral paid of $15 million not related to unrealized derivative positions.
These amounts are included in accounts receivable and accounts payable and are recorded net by
counterparty.
Government Grants
Grants are recognized when there is reasonable assurance that the grant will be received and that
any conditions associated with the grant will be met. When grants are received related to
Property, Plant and Equipment, the Company reduces the basis of the assets on the Consolidated
Statements of Financial Position, resulting in lower depreciation expense over the life of the
associated asset. Grants received related to expenses are reflected as a reduction of the
associated expense in the period in which the expense is incurred.
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-
12
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.
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 six months ended June 30, 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 June 30, 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Netting |
|
|
Net Balance at |
|
(in Millions) |
|
Level 1 |
|
|
Level 2 |
|
|
Level 3 |
|
|
Adjustments(2) |
|
|
June 30, 2010 |
|
Assets: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cash equivalents |
|
$ |
21 |
|
|
$ |
|
|
|
$ |
|
|
|
$ |
|
|
|
$ |
21 |
|
Nuclear decommissioning trusts |
|
|
548 |
|
|
|
276 |
|
|
|
|
|
|
|
|
|
|
|
824 |
|
Other investments(1) |
|
|
46 |
|
|
|
54 |
|
|
|
|
|
|
|
|
|
|
|
100 |
|
Derivative assets: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Foreign currency exchange contracts |
|
|
|
|
|
|
26 |
|
|
|
|
|
|
|
(20 |
) |
|
|
6 |
|
Commodity Contracts: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Natural Gas |
|
|
1,408 |
|
|
|
174 |
|
|
|
7 |
|
|
|
(1,558 |
) |
|
|
31 |
|
Electricity |
|
|
|
|
|
|
779 |
|
|
|
474 |
|
|
|
(1,017 |
) |
|
|
236 |
|
Other |
|
|
24 |
|
|
|
9 |
|
|
|
4 |
|
|
|
(27 |
) |
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivative assets |
|
|
1,432 |
|
|
|
988 |
|
|
|
485 |
|
|
|
(2,622 |
) |
|
|
283 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
2,047 |
|
|
$ |
1,318 |
|
|
$ |
485 |
|
|
$ |
(2,622 |
) |
|
$ |
1,228 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Liabilities: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Derivative liabilities: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Foreign currency exchange contracts |
|
$ |
|
|
|
$ |
(24 |
) |
|
$ |
|
|
|
$ |
19 |
|
|
$ |
(5 |
) |
Interest rate contracts |
|
|
|
|
|
|
(1 |
) |
|
|
|
|
|
|
|
|
|
|
(1 |
) |
Commodity Contracts: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Natural Gas |
|
|
(1,384 |
) |
|
|
(351 |
) |
|
|
(5 |
) |
|
|
1,555 |
|
|
|
(185 |
) |
Electricity |
|
|
|
|
|
|
(854 |
) |
|
|
(319 |
) |
|
|
1,065 |
|
|
|
(108 |
) |
Other |
|
|
(28 |
) |
|
|
(17 |
) |
|
|
|
|
|
|
29 |
|
|
|
(16 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivative liabilities |
|
|
(1,412 |
) |
|
|
(1,247 |
) |
|
|
(324 |
) |
|
|
2,668 |
|
|
|
(315 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
(1,412 |
) |
|
$ |
(1,247 |
) |
|
$ |
(324 |
) |
|
$ |
2,668 |
|
|
$ |
(315 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Assets as of June 30, 2010 |
|
$ |
635 |
|
|
$ |
71 |
|
|
$ |
161 |
|
|
$ |
46 |
|
|
$ |
913 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Assets: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Current(3) |
|
$ |
890 |
|
|
$ |
778 |
|
|
$ |
322 |
|
|
$ |
(1,794 |
) |
|
$ |
196 |
|
Noncurrent(4) |
|
|
1,157 |
|
|
|
540 |
|
|
|
163 |
|
|
|
(828 |
) |
|
|
1,032 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Assets |
|
$ |
2,047 |
|
|
$ |
1,318 |
|
|
$ |
485 |
|
|
$ |
(2,622 |
) |
|
$ |
1,228 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Liabilities: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Current |
|
$ |
(858 |
) |
|
$ |
(875 |
) |
|
$ |
(243 |
) |
|
$ |
1,806 |
|
|
$ |
(170 |
) |
Noncurrent |
|
|
(554 |
) |
|
|
(372 |
) |
|
|
(81 |
) |
|
|
862 |
|
|
|
(145 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Liabilities |
|
$ |
(1,412 |
) |
|
$ |
(1,247 |
) |
|
$ |
(324 |
) |
|
$ |
2,668 |
|
|
$ |
(315 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Assets as of June 30, 2010 |
|
$ |
635 |
|
|
$ |
71 |
|
|
$ |
161 |
|
|
$ |
46 |
|
|
$ |
913 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
14
The following table presents assets and liabilities measured and recorded at fair value on a
recurring basis as of December 31, 2009:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Netting |
|
|
Net Balance at |
|
(in Millions) |
|
Level 1 |
|
|
Level 2 |
|
|
Level 3 |
|
|
Adjustments(2) |
|
|
December 31, 2009 |
|
Assets: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cash equivalents |
|
$ |
15 |
|
|
$ |
|
|
|
$ |
|
|
|
$ |
|
|
|
$ |
15 |
|
Nuclear decommissioning trusts
and Other Investments(1) |
|
|
599 |
|
|
|
325 |
|
|
|
|
|
|
|
|
|
|
|
924 |
|
Derivative assets |
|
|
1,080 |
|
|
|
1,207 |
|
|
|
385 |
|
|
|
(2,347 |
) |
|
|
325 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
1,694 |
|
|
$ |
1,532 |
|
|
$ |
385 |
|
|
$ |
(2,347 |
) |
|
$ |
1,264 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Liabilities: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Derivative liabilities |
|
$ |
(1,120 |
) |
|
$ |
(1,370 |
) |
|
$ |
(361 |
) |
|
$ |
2,433 |
|
|
$ |
(418 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
(1,120 |
) |
|
$ |
(1,370 |
) |
|
$ |
(361 |
) |
|
$ |
2,433 |
|
|
$ |
(418 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Assets at December 31, 2009 |
|
$ |
574 |
|
|
$ |
162 |
|
|
$ |
24 |
|
|
$ |
86 |
|
|
$ |
846 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(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 $21 million of cash equivalents that are included in the Consolidated
Statements of Financial Position in Cash and Cash Equivalents. |
|
(4) |
|
Includes $100 million of other investments that are included in the Consolidated
Statements of Financial Position in Other Investments. |
The following tables present the fair value reconciliation of Level 3 assets and liabilities
measured at fair value on a recurring basis for the three and six months ended June 30, 2010 and
2009:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended June 30, 2010 |
|
(in Millions) |
|
Natural Gas |
|
|
Electricity |
|
|
Other |
|
|
Total |
|
Asset balance as of March 31, 2010 |
|
$ |
5 |
|
|
$ |
89 |
|
|
$ |
2 |
|
|
$ |
96 |
|
Changes in fair value recorded in income |
|
|
|
|
|
|
(51 |
) |
|
|
|
|
|
|
(51 |
) |
Changes in fair value recorded in regulatory assets/liabilities |
|
|
|
|
|
|
|
|
|
|
4 |
|
|
|
4 |
|
Purchases, issuances and settlements |
|
|
(3 |
) |
|
|
(21 |
) |
|
|
(2 |
) |
|
|
(26 |
) |
Transfers in/out of Level 3 |
|
|
|
|
|
|
138 |
|
|
|
|
|
|
|
138 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Asset balance as of June 30, 2010 |
|
$ |
2 |
|
|
$ |
155 |
|
|
$ |
4 |
|
|
$ |
161 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 June 30, 2010 |
|
$ |
(3 |
) |
|
$ |
(71 |
) |
|
$ |
|
|
|
$ |
(74 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended June 30, 2009 |
|
(in Millions) |
|
Natural Gas |
|
|
Electricity |
|
|
Other |
|
|
Total |
|
Asset (Liability) balance as of March 31, 2009 |
|
$ |
(218 |
) |
|
$ |
52 |
|
|
$ |
2 |
|
|
$ |
(164 |
) |
Changes in fair value recorded in income |
|
|
(50 |
) |
|
|
(4 |
) |
|
|
|
|
|
|
(54 |
) |
Purchases, issuances and settlements |
|
|
34 |
|
|
|
(3 |
) |
|
|
1 |
|
|
|
32 |
|
Transfers in/out of Level 3 |
|
|
(8 |
) |
|
|
|
|
|
|
|
|
|
|
(8 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Asset (Liability) balance as of June 30, 2009 |
|
$ |
(242 |
) |
|
$ |
45 |
|
|
$ |
3 |
|
|
$ |
(194 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
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 June 30, 2009 |
|
$ |
(23 |
) |
|
$ |
27 |
|
|
$ |
|
|
|
$ |
4 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
15
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Six Months Ended June 30, 2010 |
|
(in Millions) |
|
Natural Gas |
|
|
Electricity |
|
|
Other |
|
|
Total |
|
Asset balance as of December 31, 2009 |
|
$ |
2 |
|
|
$ |
19 |
|
|
$ |
3 |
|
|
$ |
24 |
|
Changes in fair value recorded in income |
|
|
2 |
|
|
|
83 |
|
|
|
|
|
|
|
85 |
|
Changes in fair value recorded in regulatory assets/liabilities |
|
|
|
|
|
|
|
|
|
|
3 |
|
|
|
3 |
|
Purchases, issuances and settlements |
|
|
(5 |
) |
|
|
(30 |
) |
|
|
(2 |
) |
|
|
(37 |
) |
Transfers in/out of Level 3 |
|
|
3 |
|
|
|
83 |
|
|
|
|
|
|
|
86 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Asset balance as of June 30, 2010 |
|
$ |
2 |
|
|
$ |
155 |
|
|
$ |
4 |
|
|
$ |
161 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 June 30, 2010 |
|
$ |
(4 |
) |
|
$ |
49 |
|
|
$ |
|
|
|
$ |
45 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Six Months Ended June 30, 2009 |
|
(in Millions) |
|
Natural Gas |
|
|
Electricity |
|
|
Other |
|
|
Total |
|
Asset (Liability) balance as of December 31, 2008 |
|
$ |
(183 |
) |
|
$ |
(5 |
) |
|
$ |
5 |
|
|
$ |
(183 |
) |
Changes in fair value recorded in income |
|
|
97 |
|
|
|
113 |
|
|
|
|
|
|
|
210 |
|
Changes in fair value recorded in regulatory
assets/liabilities |
|
|
|
|
|
|
|
|
|
|
(2 |
) |
|
|
(2 |
) |
Changes in fair value recorded in other comprehensive
income |
|
|
4 |
|
|
|
|
|
|
|
|
|
|
|
4 |
|
Purchases, issuances and settlements |
|
|
(6 |
) |
|
|
(58 |
) |
|
|
1 |
|
|
|
(63 |
) |
Transfers in/out of Level 3 |
|
|
(154 |
) |
|
|
(5 |
) |
|
|
(1 |
) |
|
|
(160 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Asset (Liability) balance as of June 30, 2009 |
|
$ |
(242 |
) |
|
$ |
45 |
|
|
$ |
3 |
|
|
$ |
(194 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
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
June 30, 2009 |
|
$ |
77 |
|
|
$ |
124 |
|
|
$ |
|
|
|
$ |
201 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 Level 1 and 2 occurred in
the three and six months ended June 30, 2010. Transfers from Level 2 to Level 3 of $138 million
and $83 million reflect inputs related to certain power transactions identified as unobservable due
to lack of available broker quotes for the three and six months ended June 30, 2010, respectively.
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. 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 determine that another price source is considered
to be preferable. DTE Energy has obtained an 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.
16
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
June 30, 2010 |
|
December 31, 2009 |
|
|
Fair Value |
|
Carrying Value |
|
Fair Value |
|
Carrying Value |
Long-Term Debt |
|
$8.6 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.
The following table summarizes the fair value of the nuclear decommissioning trust fund assets:
|
|
|
|
|
|
|
|
|
|
|
June 30, |
|
|
December 31, |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Fermi 2 |
|
$ |
794 |
|
|
$ |
790 |
|
Fermi 1 |
|
|
3 |
|
|
|
3 |
|
Low level radioactive waste |
|
|
27 |
|
|
|
24 |
|
|
|
|
|
|
|
|
Total |
|
$ |
824 |
|
|
$ |
817 |
|
|
|
|
|
|
|
|
17
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 |
|
Six Months Ended |
|
|
June 30 |
|
June 30 |
(in Millions) |
|
2010 |
|
2009 |
|
2010 |
|
2009 |
Realized gains |
|
$ |
12 |
|
|
$ |
3 |
|
|
$ |
21 |
|
|
$ |
19 |
|
Realized losses |
|
|
(11 |
) |
|
|
(7 |
) |
|
|
(19 |
) |
|
|
(34 |
) |
Proceeds from sales of securities |
|
|
69 |
|
|
|
69 |
|
|
|
128 |
|
|
|
182 |
|
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 June 30, 2010 |
|
|
|
|
|
|
|
|
Equity securities |
|
$ |
404 |
|
|
$ |
115 |
|
Debt securities |
|
|
408 |
|
|
|
25 |
|
Cash and cash equivalents |
|
|
12 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
824 |
|
|
$ |
140 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 June 30, 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 $61 million and $76 million of unrealized losses as
Regulatory assets at June 30, 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 and six months ended June 30, 2010 and 2009, for Fermi 1.
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:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
June 30, 2010 |
|
December 31, 2009 |
(in Millions) |
|
Fair Value |
|
Carrying value |
|
Fair Value |
|
Carrying Value |
Cash equivalents |
|
$ |
103 |
|
|
$ |
103 |
|
|
$ |
106 |
|
|
$ |
106 |
|
Equity securities |
|
|
6 |
|
|
|
6 |
|
|
|
11 |
|
|
|
11 |
|
As of June 30, 2010, these securities are comprised primarily of money-market and equity
securities. During the six months ended June 30, 2010, no amounts of unrealized losses on available
for sale securities were reclassified out of other comprehensive income into earnings for the
period. During the six months ended June 30, 2009, $3 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 June 30, 2010 and June 30, 2009 were
$(2) million and $1 million, respectively.
18
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, unconventional gas reserves, power transmission, pipeline transportation
and certain storage assets. 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, gathers 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. Substantially all of these contracts meet 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.
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.
19
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 June 30, 2010 provision for credit losses, the
Companys exposure to counterparty nonperformance is not expected to result in material effects on
the Companys financial statements.
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 |
20
|
|
|
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 June 30, 2010:
|
|
|
|
|
|
|
|
|
(in Millions) |
|
Derivative Assets |
|
|
Derivative Liabilities |
|
Derivatives designated as hedging instruments: |
|
|
|
|
|
|
|
|
Commodity Contracts Natural Gas |
|
$ |
2 |
|
|
$ |
|
|
Interest rate contracts |
|
|
|
|
|
|
(1 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivatives designated as hedging instruments: |
|
$ |
2 |
|
|
$ |
(1 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Derivatives not designated as hedging instruments: |
|
|
|
|
|
|
|
|
Foreign currency exchange contracts |
|
$ |
26 |
|
|
$ |
(24 |
) |
|
|
|
|
|
|
|
|
|
Commodity Contracts: |
|
|
|
|
|
|
|
|
Natural Gas |
|
|
1,587 |
|
|
|
(1,740 |
) |
Electricity |
|
|
1,253 |
|
|
|
(1,173 |
) |
Other |
|
|
37 |
|
|
|
(45 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivatives not designated as hedging instruments: |
|
$ |
2,903 |
|
|
$ |
(2,982 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivatives: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Current |
|
$ |
1,969 |
|
|
$ |
(1,976 |
) |
Noncurrent |
|
|
936 |
|
|
|
(1,007 |
) |
|
|
|
|
|
|
|
Total derivatives |
|
$ |
2,905 |
|
|
$ |
(2,983 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Derivative Assets |
|
|
Derivative Liabilities |
|
|
|
Current |
|
|
Noncurrent |
|
|
Current |
|
|
Noncurrent |
|
Reconciliation of
derivative instruments to
Consolidated Statements of
Financial Position: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total fair value of derivatives |
|
$ |
1,969 |
|
|
$ |
936 |
|
|
$ |
(1,976 |
) |
|
$ |
(1,007 |
) |
Counterparty netting |
|
|
(1,784 |
) |
|
|
(819 |
) |
|
|
1,784 |
|
|
|
819 |
|
Collateral adjustment |
|
|
(10 |
) |
|
|
(9 |
) |
|
|
22 |
|
|
|
43 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivatives as reported |
|
$ |
175 |
|
|
$ |
108 |
|
|
$ |
(170 |
) |
|
$ |
(145 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
21
The following represents the fair value of derivative instruments as of December 31, 2009:
|
|
|
|
|
|
|
|
|
(in Millions) |
|
Derivative Assets |
|
|
Derivative Liabilities |
|
Derivatives designated as hedging instruments: |
|
|
|
|
|
|
|
|
Commodity Contracts Natural Gas |
|
$ |
2 |
|
|
$ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Derivatives not designated as hedging instruments: |
|
|
|
|
|
|
|
|
Foreign currency exchange contracts |
|
$ |
24 |
|
|
$ |
(31 |
) |
|
|
|
|
|
|
|
|
|
Commodity Contracts: |
|
|
|
|
|
|
|
|
Natural Gas |
|
|
1,323 |
|
|
|
(1,552 |
) |
Electricity |
|
|
1,304 |
|
|
|
(1,241 |
) |
Other |
|
|
19 |
|
|
|
(27 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivatives not designated as hedging instruments: |
|
$ |
2,670 |
|
|
$ |
(2,851 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivatives: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Current |
|
$ |
1,860 |
|
|
$ |
(1,951 |
) |
Noncurrent |
|
|
812 |
|
|
|
(900 |
) |
|
|
|
|
|
|
|
Total derivatives |
|
$ |
2,672 |
|
|
$ |
(2,851 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Derivative Assets |
|
|
Derivative Liabilities |
|
|
|
Current |
|
|
Noncurrent |
|
|
Current |
|
|
Noncurrent |
|
Reconciliation of
derivative instruments to
Consolidated Statements of
Financial Position: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total fair value of derivatives |
|
$ |
1,860 |
|
|
$ |
812 |
|
|
$ |
(1,951 |
) |
|
$ |
(900 |
) |
Counterparty netting |
|
|
(1,644 |
) |
|
|
(669 |
) |
|
|
1,644 |
|
|
|
669 |
|
Collateral adjustment |
|
|
(7 |
) |
|
|
(27 |
) |
|
|
87 |
|
|
|
33 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total derivatives as reported |
|
$ |
209 |
|
|
$ |
116 |
|
|
$ |
(220 |
) |
|
$ |
(198 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
The net effect of derivatives designated as cash flow hedging instruments on the Consolidated
Statements of Operations is less than $1 million for the three and six months ended June 30, 2010
and 2009.
The effect of derivatives not designated as hedging instruments on the Consolidated Statements of
Operations for the three and six months ended June 30, 2010 and June 30, 2009 is as follows.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gain (Loss) |
|
|
Gain (Loss) |
|
|
|
|
|
Recognized in |
|
|
Recognized in |
|
|
|
|
|
Income on |
|
|
Income on |
|
|
|
Location of Gain |
|
Derivatives for |
|
|
Derivatives for |
|
|
|
(Loss) Recognized |
|
Three Months Ended |
|
|
Six Months Ended |
|
(in Millions) |
|
in Income |
|
June 30 |
|
|
June 30 |
|
Derivatives Not Designated As Hedging Instruments |
|
On Derivatives |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Foreign currency exchange contracts |
|
Operating Revenue |
|
$ |
14 |
|
|
$ |
(17 |
) |
|
$ |
3 |
|
|
$ |
(11 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Commodity Contracts: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Natural Gas |
|
Operating Revenue |
|
|
17 |
|
|
|
126 |
|
|
|
27 |
|
|
|
174 |
|
Natural Gas |
|
Fuel, purchased power and gas |
|
|
1 |
|
|
|
(2 |
) |
|
|
(6 |
) |
|
|
(2 |
) |
Electricity |
|
Operating Revenue |
|
|
(22 |
) |
|
|
7 |
|
|
|
49 |
|
|
|
23 |
|
Other |
|
Operating Revenue |
|
|
1 |
|
|
|
(2 |
) |
|
|
1 |
|
|
|
3 |
|
Other |
|
Operation and maintenance |
|
|
(1 |
) |
|
|
|
|
|
|
(1 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
$ |
10 |
|
|
$ |
112 |
|
|
$ |
73 |
|
|
$ |
187 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The effects of derivative instruments recoverable through the PSCR mechanism when realized on the
Consolidated Statements of Financial Position are $4 million and $3 million in losses related to
FTRs recognized in Regulatory liabilities for the three and six months ended June 30, 2010.
22
The following represents the cumulative gross volume of derivative contracts outstanding as of June
30, 2010:
|
|
|
|
|
Commodity |
|
Number of Units |
Natural Gas (MMBtu) |
|
|
793,224,124 |
|
Electricity (MWh) |
|
|
74,620,286 |
|
Foreign Currency Exchange ($ CAD) |
|
|
303,977,206 |
|
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 June 30, 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 $302 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.
NOTE 6 ASSET RETIREMENT OBLIGATIONS
A reconciliation of the asset retirement obligations for the six months ended June 30, 2010
follows:
|
|
|
|
|
(in Millions) |
|
|
|
|
Asset retirement obligations at December 31, 2009 |
|
$ |
1,439 |
|
Accretion |
|
|
47 |
|
Liabilities incurred |
|
|
10 |
|
Liabilities settled |
|
|
(3 |
) |
Consolidation of VIEs |
|
|
4 |
|
|
|
|
|
Asset retirement obligations at June 30, 2010 |
|
|
1,497 |
|
Less amount included in current liabilities |
|
|
(17 |
) |
|
|
|
|
|
|
$ |
1,480 |
|
|
|
|
|
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 (EO) Plans
In March 2009, Detroit Edison and MichCon filed EO Plans with the MPSC as required under 2008 PA
295. The EO 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 EO Plans with the MPSC. Detroit
Edisons amended EO Plan application proposed the recovery of EO expenditures for the period
2010-2015 of $406 million and further requested approval of surcharges to recover these costs,
including a financial incentive mechanism. MichCons amended EO Plan proposed the recovery of EO
expenditures for the period 2010-2015 of $150 million and further requested approval of surcharges
that are designed to recover these costs, including a financial incentive mechanism. The MPSC has
approved the amended EO Plans and the surcharge and tariff sheets reflecting the exclusion of the
financial incentive mechanism. The disposition of the financial incentive mechanisms is expected to
be addressed in the EO reconciliation cases.
23
Detroit Edison Restoration Expense Tracker Mechanism (RETM) and Line Clearance Tracker (LCT)
Reconciliation
In March 2010, Detroit Edison filed an application with the MPSC for approval of the
reconciliation of its 2009 RETM and LCT. The Companys 2009 restoration and line clearance
expenses are less than the amount provided in rates. Accordingly, Detroit Edison has proposed a
refund in the amount of approximately $16 million, including appropriate carry charges.
Detroit Edison Regulatory Asset Recovery Surcharge (RARS) Reconciliation
In April 2010, Detroit Edison filed an application with the MPSC for approval of the final
reconciliation of its RARS. Detroit Edison has proposed a refund of approximately $26 million,
including appropriate carry charges.
Power Supply Cost Recovery Proceedings
The PSCR process is designed to allow Detroit Edison to recover all of its power supply costs if
incurred under reasonable and prudent policies and practices. Detroit Edisons power supply costs
include fuel costs, purchased and net interchange power costs, nitrogen oxide and sulfur dioxide
emission allowances costs, urea costs, transmission costs and MISO costs. The MPSC reviews these
costs, policies and practices for prudence in annual plan and reconciliation filings.
2008 Plan Year - An MPSC order was issued on July 1, 2010 approving a 2008 PSCR under collection
amount of $15.6 million and the recovery of this amount as part of the 2009 PSCR reconciliation.
In addition, the order approved Detroit Edisons Pension Equalization Mechanism reconciliation and
authorized the Company to refund the $49.9 million over-recovery, plus interest, to customers
beginning with the August 2010 billing month.
The following table summarizes Detroit Edisons PSCR reconciliation filing currently pending with
the MPSC:
|
|
|
|
|
|
|
|
|
|
|
Net Over-recovery, |
|
PSCR Cost of |
PSCR Year |
|
Date Filed |
|
including interest |
|
Power Sold |
2009 |
|
March 2010 |
|
$15.6 million |
|
$1.1 billion |
2009 Gas Rate Case Filing
On June 3, 2010, the MPSC issued an order in MichCons June 9, 2009 rate case filing. The MPSC
approved an annual revenue increase of $119 million. Included in the approved increase in revenues
was a return on equity of 11% on an expected permanent capital structure of 50.4% equity and 49.6%
debt. The rate order includes a $22 million impact of lower depreciation rates as ordered by the
MPSC in March 2010, effective April 1, 2010. Since the final rate relief ordered was less than the
Companys self-implemented rate increase of $170 million effective on January 1, 2010, the MPSC
ordered refunds for the period the self-implemented rates were in effect. MichCon has recorded a
refund liability of $17 million at June 30, 2010, representing the estimated refund due customers,
including interest. The MPSC ordered MichCon to file a refund plan by September 3, 2010.
Other key aspects of the MPSC order include the following:
|
|
|
Continued application of an Uncollectible Expense Tracking Mechanism with two
modifications. The base amount was increased prospectively from $37 million to $70 million
with an 80/20 percent sharing of the expenses (modified from 90/10) above or below the base
amount. |
|
|
|
|
Implementation of a pilot Revenue Decoupling Mechanism, that will require MichCon to
recover or refund the change in distribution revenue resulting from the difference in
weather-adjusted average sales per
customer by rate schedule compared to the base average sales per customer by rate schedule
established in the MPSC order for the period July 1, 2010 to June 30, 2011. |
|
|
|
|
Approval of the recovery of previously expensed CTA. In 2005, the Company initiated a
company-wide review of its operations called the Performance Excellence Process. The
Company incurred CTA |
24
|
|
|
restructuring expense for employee severance, early retirement
programs and other costs which include project management and consultant support. In
September 2006, the MPSC issued an order approving a settlement agreement that allowed
MichCon, commencing in 2006, to defer the incremental CTA and provided for amortization of
the CTA deferral over a ten-year period beginning with the year subsequent to the year the
CTA was deferred. The September 2006 order did not provide a regulatory recovery mechanism,
therefore MichCon expensed CTA incurred during the period 2006 through 2008. The June 3,
2010 MPSC order provided for recovery of the regulatory unamortized balance of CTA. At June
30, 2010, MichCon deferred and recognized in income approximately $32 million ($20 million
after-tax) of previously expensed CTA. The non-pension component of CTA of approximately
$21 million is included in Regulatory assets. The pension component of CTA of approximately
$11 million is included in Regulatory liabilities. |
2010 Gas Rate Case Filing
MichCon filed a general rate case on July 27, 2010 based on a fully projected 2011 test year. The filing
with the MPSC requested a $51 million increase in revenues that is required to recover higher costs
associated with increased investments in net plant, the impact of sales reductions due to customer
conservation and the economic conditions in Michigan, lower projected midstream revenues resulting
from reduced storage capacity and MichCons shift to a lower risk predominantly long-term storage
contract portfolio from a higher risk predominantly short-term storage contract portfolio, and
increasing operating costs.
Gas Cost Recovery Proceedings
The GCR process is designed to allow MichCon to recover all of its 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 Over-recovery, |
|
|
GCR Year |
|
Date Filed |
|
including interest |
|
GCR Cost of Gas Sold |
2008-2009 |
|
June 2009 |
|
$5.4 million |
|
$1.2 billion |
|
|
|
|
|
|
|
2009-2010 |
|
June 2010 |
|
$5.9 million |
|
$1.0 billion |
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.
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.
25
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months |
|
|
Six Months |
|
|
|
Ended June 30 |
|
|
Ended June 30 |
|
(in Millions, except per share amounts) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Basic Earnings per Share |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net income attributable to DTE Energy |
|
$ |
86 |
|
|
$ |
83 |
|
|
$ |
315 |
|
|
$ |
261 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Average number of common shares outstanding |
|
|
169 |
|
|
|
164 |
|
|
|
167 |
|
|
|
164 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Weighted average net restricted shares outstanding |
|
|
1 |
|
|
|
1 |
|
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Dividends declared common shares |
|
$ |
89 |
|
|
$ |
87 |
|
|
$ |
177 |
|
|
$ |
173 |
|
Dividends declared net restricted shares |
|
|
|
|
|
|
|
|
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total distributed earnings |
|
$ |
89 |
|
|
$ |
87 |
|
|
$ |
178 |
|
|
$ |
174 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net income less distributed earnings |
|
$ |
(3 |
) |
|
$ |
(4 |
) |
|
$ |
137 |
|
|
$ |
87 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Distributed (dividends per common share) |
|
$ |
.53 |
|
|
$ |
.53 |
|
|
$ |
1.06 |
|
|
$ |
1.06 |
|
Undistributed |
|
|
(.02 |
) |
|
|
(.02 |
) |
|
|
.82 |
|
|
|
.53 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Basic Earnings per Common Share |
|
$ |
.51 |
|
|
$ |
.51 |
|
|
$ |
1.88 |
|
|
$ |
1.59 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Diluted Earnings per Share |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net income attributable to DTE Energy |
|
$ |
86 |
|
|
$ |
83 |
|
|
$ |
315 |
|
|
$ |
261 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Average number of common shares outstanding |
|
|
169 |
|
|
|
164 |
|
|
|
167 |
|
|
|
164 |
|
Average incremental shares from assumed exercise of options |
|
|
|
|
|
|
|
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Common shares for dilutive calculation |
|
|
169 |
|
|
|
164 |
|
|
|
168 |
|
|
|
164 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Weighted average net restricted shares outstanding |
|
|
1 |
|
|
|
1 |
|
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Dividends declared common shares |
|
$ |
89 |
|
|
$ |
87 |
|
|
$ |
177 |
|
|
$ |
173 |
|
Dividends declared net restricted shares |
|
|
|
|
|
|
|
|
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total distributed earnings |
|
$ |
89 |
|
|
$ |
87 |
|
|
$ |
178 |
|
|
$ |
174 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net income less distributed earnings |
|
$ |
(3 |
) |
|
$ |
(4 |
) |
|
$ |
137 |
|
|
$ |
87 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Distributed (dividends per common share) |
|
$ |
.53 |
|
|
$ |
.53 |
|
|
$ |
1.06 |
|
|
$ |
1.06 |
|
Undistributed |
|
|
(.02 |
) |
|
|
(.02 |
) |
|
|
.82 |
|
|
|
.53 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Diluted Earnings per Common Share |
|
$ |
.51 |
|
|
$ |
.51 |
|
|
$ |
1.88 |
|
|
$ |
1.59 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Options to purchase approximately 0.4 million and 5 million shares of common stock as of June 30,
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.
26
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 June 30, 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 June 30, 2010 is shown in
the following table:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(in Millions) |
|
DTE Energy |
|
|
Detroit Edison |
|
|
MichCon |
|
|
Total |
|
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 April
2011 |
|
|
50 |
|
|
|
|
|
|
|
|
|
|
|
50 |
|
Three-year unsecured letter of credit facility, expiring in May
2013 |
|
|
50 |
|
|
|
|
|
|
|
|
|
|
|
50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total credit facilities at June 30, 2010 |
|
$ |
1,313 |
|
|
$ |
281 |
|
|
$ |
431 |
|
|
$ |
2,025 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amounts outstanding at June 30, 2010: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Letters of credit |
|
|
195 |
|
|
|
|
|
|
|
|
|
|
|
195 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
195 |
|
|
|
|
|
|
|
|
|
|
|
195 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net availability at June 30, 2010 |
|
$ |
1,118 |
|
|
$ |
281 |
|
|
$ |
431 |
|
|
$ |
1,830 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 July 2010, the Company entered into a new $125 million five-year unsecured letter of credit
facility. This agreement also contains the same total funded debt to capitalization ratio as
described above.
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. In April 2010, the agreement was amended
to allow for up to $50 million of additional margin financing provided that the Company posts a
letter of credit for the incremental amount. At June 30, 2010, a $10 million letter of credit was
in place, raising capacity under this facility for up to $130 million. The $10 million letter of
credit is included in the table above. The amount outstanding under this agreement was $84 million
and $1 million at June 30, 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, the 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.
27
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. An additional NOV/FOV was received in June 2010 related to a
recent project and outage at Unit 2 of the Monroe Power Plant. The Company believes that the plants
identified by the EPA have complied with applicable regulations. Depending upon the outcome of the
Companys discussions with the EPA regarding the NOV/FOV, the EPA could bring legal action against
Detroit Edison. The Company could also be required to install additional pollution control
equipment at some or all of the power plants in question, consider early retirement of facilities
where control equipment is not economical, engage in supplemental environmental programs, and/or
pay fines. The Company 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 in additional capital expenditures over the four to six years subsequent to 2008 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 the end of 2010, with a final rule
scheduled for 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.
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
June 30, 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.
The EPA has published proposed rules to regulate coal ash under the authority of the Resources
Conservation and Recovery Act (RCRA). The proposed rule published on June 21, 2010 contains two
primary regulatory options to regulate coal ash residue. The EPA is currently considering either
designating coal ash as a Hazardous Waste as defined by RCRA or regulating coal ash as
non-hazardous waste under RCRA. Agencies and legislatures have urged the EPA to regulate coal ash
as a non-hazardous waste. If EPA designates 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 to disposal and reuse of coal ash. Some of the regulatory actions currently being
contemplated could have a significant impact on our operations and financial position and the rates
we charge our customers.
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
28
$1 million investigating and remediating these former MGP sites. As of June 30, 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 the Companys 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 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 and water violations at its coke battery facility located in Pennsylvania. At this
time, the Company 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 being 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 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
29
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.
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. The Company has
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 June 30, 2010. Millennium is refinancing its $800 million
borrowing facility with a $725 million long-term financing that will be non-recourse to the Company
and is expected to close in August 2010. The Company expects to make an additional equity
contribution to Millennium in conjunction with the closing of the long-term financing and repayment
of the $800 million borrowing facility. 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 existing $800 million 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 swap rates and credit swap spreads and was
approximately $26
30
million at June 30, 2010. On July 20, 2010, the forward-starting swaps were
terminated with delayed settlement in August 2010 to coincide with the funding of Millenniums
long-term financing. The Companys exposure through the settlement date is approximately $27
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.
Other Guarantees
Detroit Edison has guaranteed a bank term loan of $10 million related to the sale of its steam
heating business to Thermal Ventures II, L.P. At June 30, 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 June 30, 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 June
30, 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 approximately 5,000 represented employees. In
July 2010, a new three-year agreement was ratified covering approximately 3,800 represented
employees. The majority of its remaining represented employees are under contracts that expire in
June 2011 and August 2012.
Purchase Commitments
As of June 30, 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 $1.3 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.
31
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 June 30 |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Service cost |
|
$ |
16 |
|
|
$ |
13 |
|
|
$ |
14 |
|
|
$ |
14 |
|
Interest cost |
|
|
51 |
|
|
|
51 |
|
|
|
31 |
|
|
|
33 |
|
Expected return on plan assets |
|
|
(65 |
) |
|
|
(64 |
) |
|
|
(18 |
) |
|
|
(14 |
) |
Amortization of: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net actuarial loss |
|
|
25 |
|
|
|
13 |
|
|
|
13 |
|
|
|
19 |
|
Prior service cost |
|
|
1 |
|
|
|
2 |
|
|
|
(1 |
) |
|
|
(2 |
) |
Net transition liability |
|
|
|
|
|
|
|
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net periodic benefit cost |
|
$ |
28 |
|
|
$ |
15 |
|
|
$ |
40 |
|
|
$ |
50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Other Postretirement |
|
(in Millions) |
|
Pension Benefits |
|
|
Benefits |
|
Six Months Ended June 30 |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Service cost |
|
$ |
32 |
|
|
$ |
26 |
|
|
$ |
30 |
|
|
$ |
29 |
|
Interest cost |
|
|
101 |
|
|
|
101 |
|
|
|
63 |
|
|
|
67 |
|
Expected return on plan assets |
|
|
(129 |
) |
|
|
(127 |
) |
|
|
(37 |
) |
|
|
(28 |
) |
Amortization of: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net actuarial loss |
|
|
50 |
|
|
|
26 |
|
|
|
27 |
|
|
|
36 |
|
Prior service cost |
|
|
2 |
|
|
|
3 |
|
|
|
(2 |
) |
|
|
(3 |
) |
Net transition liability |
|
|
|
|
|
|
|
|
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net periodic benefit cost |
|
$ |
56 |
|
|
$ |
29 |
|
|
$ |
82 |
|
|
$ |
102 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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. During the 2010 second quarter, the Company contributed $25 million to
the plans.
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 six months ended June 30, 2010.
32
NOTE 14 STOCK-BASED COMPENSATION
The Company recorded stock-based compensation expense of $13 million and $12 million, with an
associated tax benefit of $5 million and $5 million for the three months ended June 30, 2010 and
2009, respectively. The Company recorded stock-based compensation expense of $29 million and $13
million, with an associated tax benefit of $11 million and $5 million for the six months ended June
30, 2010 and 2009, respectively. Stock-based compensation cost capitalized in property, plant and
equipment was $0.8 million and $0.7 million during the three months ended June 30, 2010 and 2009,
respectively. Stock-based compensation cost capitalized in property, plant and equipment was $1.8
million and $0.8 million during the six months ended June 30, 2010 and 2009, respectively.
Stock Options
The following table summarizes the Companys stock option activity for the six months ended June
30, 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(in Millions) |
|
|
|
|
|
|
|
Weighted |
|
|
Aggregate |
|
|
|
Number of |
|
|
Average |
|
|
Intrinsic |
|
|
|
Options |
|
|
Exercise Price |
|
|
Value |
|
Options outstanding at December 31, 2009 |
|
|
5,593,392 |
|
|
$ |
40.50 |
|
|
|
|
|
Granted |
|
|
611,500 |
|
|
$ |
43.95 |
|
|
|
|
|
Exercised |
|
|
(858,022 |
) |
|
$ |
39.35 |
|
|
|
|
|
Forfeited or expired |
|
|
(106,316 |
) |
|
$ |
42.33 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Options outstanding at June 30, 2010 |
|
|
5,240,554 |
|
|
$ |
41.05 |
|
|
$ |
29.1 |
|
|
|
|
|
|
|
|
|
|
|
|
Options exercisable at June 30, 2010 |
|
|
3,849,062 |
|
|
$ |
42.37 |
|
|
$ |
16.4 |
|
|
|
|
|
|
|
|
|
|
|
|
As of June 30, 2010, the weighted average remaining contractual life for the exercisable shares was
4.49 years. As of June 30, 2010, 1,391,492 options were non-vested. During the six months ended
June 30, 2010, 663,220 options vested.
The weighted average grant date fair value of options granted during the six months ended June 30,
2010 was $5.62 per share. The intrinsic value of options exercised for the six months ended June
30, 2010 was $6 million. Total option expense recognized was $2 million and $2 million for the six
months ended June 30, 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:
|
|
|
|
|
|
|
|
|
|
|
Six Months Ended |
|
|
June 30, 2010 |
|
|
June 30, 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 |
|
Restricted Stock Awards
The following summarizes stock awards activity for the six months ended June 30, 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Weighted Average |
|
|
|
Restricted |
|
|
Grant Date |
|
|
|
Stock |
|
|
Fair Value |
|
Balance at December 31, 2009 |
|
|
1,024,765 |
|
|
$ |
37.11 |
|
Grants |
|
|
230,655 |
|
|
|
44.00 |
|
Forfeitures |
|
|
(15,320 |
) |
|
|
36.81 |
|
Vested and issued |
|
|
(370,064 |
) |
|
|
37.13 |
|
|
|
|
|
|
|
|
|
Balance at June 30, 2010 |
|
|
870,036 |
|
|
|
38.93 |
|
|
|
|
|
|
|
|
|
33
Performance Share Awards
The following summarizes performance share activity for the six months ended June 30, 2010:
|
|
|
|
|
|
|
Performance Shares |
|
Balance at December 31, 2009 |
|
|
1,455,042 |
|
Grants |
|
|
566,401 |
|
Forfeitures |
|
|
(44,639 |
) |
Payouts |
|
|
(406,821 |
) |
|
|
|
|
Balance at June 30, 2010 |
|
|
1,569,983 |
|
|
|
|
|
Unrecognized Compensation Cost
As of June 30, 2010, the Company had $61 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 1.86 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:
|
|
|
|
|
|
|
|
|
|
|
Six Months Ended |
|
|
June 30 |
(in Millions) |
|
2010 |
|
2009 |
Changes in Assets and Liabilities, Exclusive of Changes Shown Separately |
|
|
|
|
|
|
|
|
Accounts receivable, net
|
|
$ |
260 |
|
|
$ |
488 |
|
Accrued GCR revenue
|
|
|
(3 |
) |
|
|
17 |
|
Inventories
|
|
|
(34 |
) |
|
|
78 |
|
Accrued/prepaid pensions
|
|
|
(99 |
) |
|
|
(73 |
) |
Accounts payable
|
|
|
7 |
|
|
|
(203 |
) |
Accrued PSCR refund
|
|
|
(23 |
) |
|
|
82 |
|
Income taxes payable
|
|
|
40 |
|
|
|
54 |
|
Derivative assets and liabilities
|
|
|
(62 |
) |
|
|
(90 |
) |
Gas inventory equalization
|
|
|
68 |
|
|
|
96 |
|
Postretirement obligation
|
|
|
17 |
|
|
|
(21 |
) |
Other assets
|
|
|
107 |
|
|
|
143 |
|
Other liabilities
|
|
|
(21 |
) |
|
|
(96 |
) |
|
|
|
|
|
|
|
|
|
|
|
$ |
257 |
|
|
$ |
475 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Noncash financing activities: |
|
|
|
|
|
|
|
|
Common stock issued for employee benefit plans
|
|
$ |
136 |
|
|
$ |
21 |
|
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.
34
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 |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Electric Utility |
|
$ |
9 |
|
|
$ |
8 |
|
|
$ |
15 |
|
|
$ |
14 |
|
Gas Utility |
|
|
(1 |
) |
|
|
(1 |
) |
|
|
|
|
|
|
|
|
Gas Storage and Pipelines |
|
|
1 |
|
|
|
1 |
|
|
|
2 |
|
|
|
3 |
|
Power and Industrial Projects |
|
|
70 |
|
|
|
(7 |
) |
|
|
72 |
|
|
|
(3 |
) |
Energy Trading |
|
|
18 |
|
|
|
21 |
|
|
|
44 |
|
|
|
53 |
|
Corporate & Other |
|
|
(12 |
) |
|
|
(16 |
) |
|
|
(33 |
) |
|
|
(39 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
85 |
|
|
$ |
6 |
|
|
$ |
100 |
|
|
$ |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Financial data of the business segments follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Electric Utility |
|
$ |
1,208 |
|
|
$ |
1,108 |
|
|
$ |
2,354 |
|
|
$ |
2,226 |
|
Gas Utility |
|
|
232 |
|
|
|
292 |
|
|
|
987 |
|
|
|
1,063 |
|
Gas Storage and Pipelines |
|
|
21 |
|
|
|
20 |
|
|
|
42 |
|
|
|
42 |
|
Unconventional Gas Production |
|
|
8 |
|
|
|
8 |
|
|
|
16 |
|
|
|
15 |
|
Power and Industrial Projects |
|
|
291 |
|
|
|
138 |
|
|
|
543 |
|
|
|
293 |
|
Energy Trading |
|
|
117 |
|
|
|
128 |
|
|
|
403 |
|
|
|
332 |
|
Corporate & Other |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Reconciliation & Eliminations |
|
|
(85 |
) |
|
|
(6 |
) |
|
|
(100 |
) |
|
|
(28 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
1,792 |
|
|
$ |
1,688 |
|
|
$ |
4,245 |
|
|
$ |
3,943 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income (Loss) Attributable to
DTE Energy by Segment: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Electric Utility |
|
$ |
87 |
|
|
$ |
79 |
|
|
$ |
178 |
|
|
$ |
157 |
|
Gas Utility |
|
|
19 |
|
|
|
(15 |
) |
|
|
98 |
|
|
|
46 |
|
Gas Storage and Pipelines |
|
|
10 |
|
|
|
10 |
|
|
|
24 |
|
|
|
24 |
|
Unconventional Gas Production |
|
|
(2 |
) |
|
|
(2 |
) |
|
|
(5 |
) |
|
|
(4 |
) |
Power and Industrial Projects |
|
|
22 |
|
|
|
(6 |
) |
|
|
40 |
|
|
|
(2 |
) |
Energy Trading |
|
|
(26 |
) |
|
|
27 |
|
|
|
12 |
|
|
|
67 |
|
Corporate & Other |
|
|
(24 |
) |
|
|
(10 |
) |
|
|
(32 |
) |
|
|
(27 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy |
|
$ |
86 |
|
|
$ |
83 |
|
|
$ |
315 |
|
|
$ |
261 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
35
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 second quarter of 2010 was $86 million, or $0.51 per
diluted share, compared to net income attributable to DTE Energy of $83 million, or $0.51 per
diluted share, in the second quarter of 2009. Net income attributable to DTE Energy in the six
months ended June 30, 2010 was $315 million, or $1.88 per diluted share, compared to net income
attributable to DTE Energy of $261 million, or $1.59 per diluted share, in the comparable period of
2009. The increases in net income are primarily due to higher earnings in the electric and gas
utilities and in the Power and Industrial Projects segment, partially offset by lower earnings in
Energy Trading.
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.
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, gathering, 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.
Impact of Economic Conditions
Beginning in the 2010 second quarter, Detroit Edison has experienced increases in residential,
industrial and interconnection sales. Commercial sales continue to be lower due primarily to
customers participating in the electric Customer Choice program. The residential and industrial
sales increases are a result of a slight improvement in economic conditions, particularly in the
automotive and steel industries and their related suppliers and other ancillary businesses. The
impact of customers participating in the electric Customer Choice program is mitigated by the
Customer Incentive Mechanism (CIM). The CIM is an over/under recovery mechanism which measures
non-fuel revenues that are lost or gained as a result of fluctuations in electric Customer Choice
sales. If annual electric Customer Choice sales exceed the baseline amount from Detroit Edisons
most recent rate case, 90% of its lost non-fuel revenues associated with sales above that level may
be recovered from bundled customers. If annual electric Customer Choice sales decrease below the
baseline, the company must refund 100% of its increase in non-fuel revenues associated with sales
below that level to bundled customers.
MichCons revenues were lower due primarily to lower natural gas costs, a decrease in the
number of customers in our service territory, and reduced natural gas usage by customers due to
economic conditions in its service territory and an increased emphasis on conservation of
energy usage. MichCons revenues include a component for the cost of natural gas sold that is
recoverable through the Gas Cost Recovery (GCR) mechanism. As the cost of natural gas
increases or decreases, the corresponding revenues collected under the GCR mechanism are also
higher or lower.
36
We expect to minimize the impacts of declines in average customer usage through regulatory
mechanisms which decouple our revenue levels from sales volumes. The January 2010 MPSC order
in Detroit Edisons 2009 rate case provided for, among other items, the implementation of a
pilot electric Revenue Decoupling Mechanism (RDM) effective February 1, 2010. The electric RDM
enables Detroit Edison to recover or refund the change in revenue resulting from the difference
between actual average sales per customer compared to the base level of average sales per
customer established in the MPSC order. The June 2010 MPSC order in MichCons 2009 rate case
provided for, among other items, the implementation of a pilot gas RDM effective July 1, 2010.
The gas RDM enables MichCon to recover or refund the change in distribution revenue resulting
from the difference in weather-adjusted average sales per customer by rate schedule compared to
the base average sales per customer by rate schedule established in the MPSC order. The RDMs
for Detroit Edison and MichCon address changes in customer usage due to general economic
conditions and conservation, but do not shield the utilities from the impacts of lost
customers. In addition, the pilot electric RDM shields Detroit Edison from the impact of
weather on customer usage. The pilot gas RDM does not shield MichCon from the impact of
weather on customer usage. The electric and gas RDMs are subject to review by the MPSC after
the initial one-year pilot programs.
We have been impacted by the timing and level of recovery in the national and regional
economies. 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 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 are actively
managing our cash, capital expenditures, cost structure and liquidity to maintain our financial
strength. See the Capital Resources and Liquidity section in this Managements Discussion and
Analysis for further discussion of our liquidity outlook.
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 the $66 million level reflected in base rates. In the June 2010 MPSC
rate order, the base amount of MichCons uncollectible expense tracking mechanism was increased
prospectively from $37 million to $70 million and MichCons portion of recovery or refund of the
expenses above or below the base amount was modified to 80 percent from 90 percent. The Detroit
Edison and MichCon uncollectible tracking mechanisms require annual reconciliation proceedings
before the MPSC.
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 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.
37
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 expect drilling activity in 2010 to remain
consistent with 2009 levels. We also 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.
In April 2010, the Company signed an agreement with the U.S. Department of Energy for a grant of
approximately $84 million in matching funds on total anticipated spending of approximately $168
million related to the accelerated deployment of smart grid technology in Michigan through 2012.
The smart grid technology includes the establishment of an advanced metering infrastructure and
other technologies that address improved electric distribution service. See Note 2 of the Notes to
Consolidated Financial Statements.
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
38
of Significant Deterioration requirements, and Title V operating permit requirements under the
Clean Air Act. An additional NOV/FOV was received in June 2010 related to a recent project and
outage at Unit 2 of the Monroe Power Plant. We believe that the plants identified by the EPA have
complied with applicable regulations. Depending upon the outcome of our discussions with the EPA
regarding the NOV/FOV, the EPA could bring legal action against Detroit Edison. The Company could
also be required to install additional pollution control equipment at some or all of the power
plants in question, consider early retirement of facilities where control equipment is not
economical, engage in supplemental environmental programs, and/or pay fines. The Company 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 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 the end of 2010, with a final rule scheduled for 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 published proposed rules to regulate coal ash under the authority of the Resources
Conservation and Recovery Act (RCRA). The proposed rule published on June 21, 2010 contains two
primary regulatory options to regulate coal ash residue. EPA is currently considering either, to
designate coal ash as a Hazardous Waste as defined by RCRA or regulating coal ash as
non-hazardous waste under 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
significant 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 and the release of the
American Power Act discussion draft by Senators Kerry and Lieberman in 2010, full Senate action on
a climate bill is unlikely in 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
39
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.
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 and six months ended June 30, 2010
and 2009 is as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Net Income (Loss) Attributable to DTE Energy
by Segment: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Electric Utility |
|
$ |
87 |
|
|
$ |
79 |
|
|
$ |
178 |
|
|
$ |
157 |
|
Gas Utility |
|
|
19 |
|
|
|
(15 |
) |
|
|
98 |
|
|
|
46 |
|
Gas Storage and Pipelines |
|
|
10 |
|
|
|
10 |
|
|
|
24 |
|
|
|
24 |
|
Unconventional Gas Production |
|
|
(2 |
) |
|
|
(2 |
) |
|
|
(5 |
) |
|
|
(4 |
) |
Power and Industrial Projects |
|
|
22 |
|
|
|
(6 |
) |
|
|
40 |
|
|
|
(2 |
) |
Energy Trading |
|
|
(26 |
) |
|
|
27 |
|
|
|
12 |
|
|
|
67 |
|
Corporate & Other |
|
|
(24 |
) |
|
|
(10 |
) |
|
|
(32 |
) |
|
|
(27 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy |
|
$ |
86 |
|
|
$ |
83 |
|
|
$ |
315 |
|
|
$ |
261 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
40
ELECTRIC UTILITY
Our Electric Utility segment consists of Detroit Edison.
Electric Utility results are discussed below:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
1,208 |
|
|
$ |
1,108 |
|
|
$ |
2,354 |
|
|
$ |
2,226 |
|
Fuel and Purchased Power |
|
|
390 |
|
|
|
372 |
|
|
|
733 |
|
|
|
712 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross Margin |
|
|
818 |
|
|
|
736 |
|
|
|
1,621 |
|
|
|
1,514 |
|
Operation and Maintenance |
|
|
326 |
|
|
|
306 |
|
|
|
635 |
|
|
|
622 |
|
Depreciation and Amortization |
|
|
210 |
|
|
|
197 |
|
|
|
414 |
|
|
|
385 |
|
Taxes Other Than Income |
|
|
61 |
|
|
|
44 |
|
|
|
126 |
|
|
|
104 |
|
Other Asset (Gains) and Losses, Net |
|
|
|
|
|
|
|
|
|
|
(1 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income |
|
|
221 |
|
|
|
189 |
|
|
|
447 |
|
|
|
403 |
|
Other (Income) and Deductions |
|
|
79 |
|
|
|
61 |
|
|
|
158 |
|
|
|
145 |
|
Income Tax Provision |
|
|
55 |
|
|
|
49 |
|
|
|
111 |
|
|
|
101 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy Company |
|
$ |
87 |
|
|
$ |
79 |
|
|
$ |
178 |
|
|
$ |
157 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income as a Percentage of Operating Revenues |
|
|
18 |
% |
|
|
17 |
% |
|
|
19 |
% |
|
|
18 |
% |
Gross margin increased $82 million in the second quarter of 2010 and $107 million in the six-month
period ended June 30, 2010. The following table details changes in various gross margin components
relative to the comparable prior period:
|
|
|
|
|
|
|
|
|
(in Millions) |
|
Three Months |
|
|
Six Months |
|
January 2010 rate order |
|
$ |
52 |
|
|
$ |
104 |
|
Restoration tracker |
|
|
7 |
|
|
|
(3 |
) |
Securitization bond and tax surcharge rate increase |
|
|
4 |
|
|
|
17 |
|
Regulatory Asset Revenue surcharge |
|
|
(10 |
) |
|
|
(21 |
) |
Other |
|
|
29 |
|
|
|
10 |
|
|
|
|
|
|
|
|
Increase in gross margin |
|
$ |
82 |
|
|
$ |
107 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Thousands of MWh) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Electric Sales |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Residential |
|
|
3,602 |
|
|
|
3,147 |
|
|
|
7,267 |
|
|
|
6,885 |
|
Commercial |
|
|
3,988 |
|
|
|
4,536 |
|
|
|
7,930 |
|
|
|
8,959 |
|
Industrial |
|
|
2,605 |
|
|
|
2,385 |
|
|
|
5,081 |
|
|
|
5,022 |
|
Other |
|
|
799 |
|
|
|
782 |
|
|
|
1,600 |
|
|
|
1,599 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
10,994 |
|
|
|
10,850 |
|
|
|
21,878 |
|
|
|
22,465 |
|
Interconnections sales (1) |
|
|
1,450 |
|
|
|
1,189 |
|
|
|
2,760 |
|
|
|
2,224 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Electric Sales |
|
|
12,444 |
|
|
|
12,039 |
|
|
|
24,638 |
|
|
|
24,689 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Electric Deliveries |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Retail and Wholesale |
|
|
10,994 |
|
|
|
10,850 |
|
|
|
21,878 |
|
|
|
22,465 |
|
Electric Customer Choice, including self generators (2) |
|
|
1,283 |
|
|
|
344 |
|
|
|
2,386 |
|
|
|
661 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Electric Sales and Deliveries |
|
|
12,277 |
|
|
|
11,194 |
|
|
|
24,264 |
|
|
|
23,126 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(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. |
41
Power Generated and Purchased
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Thousands of MWh) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Power Plant Generation |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Fossil |
|
|
9,595 |
|
|
|
9,852 |
|
|
|
19,115 |
|
|
|
19,694 |
|
Nuclear |
|
|
2,087 |
|
|
|
1,486 |
|
|
|
4,287 |
|
|
|
3,740 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
11,682 |
|
|
|
11,338 |
|
|
|
23,402 |
|
|
|
23,434 |
|
Purchased Power |
|
|
1,474 |
|
|
|
1,464 |
|
|
|
2,796 |
|
|
|
2,816 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
System Output |
|
|
13,156 |
|
|
|
12,802 |
|
|
|
26,198 |
|
|
|
26,250 |
|
Less Line Loss and Internal Use |
|
|
(712 |
) |
|
|
(763 |
) |
|
|
(1,560 |
) |
|
|
(1,561 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Net System Output |
|
|
12,444 |
|
|
|
12,039 |
|
|
|
24,638 |
|
|
|
24,689 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Average Unit Cost ($/MWh) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Generation (1) |
|
$ |
18.96 |
|
|
$ |
18.97 |
|
|
$ |
18.87 |
|
|
$ |
18.10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Purchased Power |
|
$ |
45.60 |
|
|
$ |
41.83 |
|
|
$ |
39.31 |
|
|
$ |
38.05 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Overall Average Unit Cost |
|
$ |
21.95 |
|
|
$ |
21.58 |
|
|
$ |
21.05 |
|
|
$ |
20.24 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) |
|
Represents fuel costs associated with power plants. |
Operation and maintenance expense increased $20 million in the second quarter of 2010 and $13
million in the six-month period ended June 30, 2010. The increase for the second quarter is
primarily due to higher storm expenses of $13 million, higher energy optimization and renewable
energy expenses of $7 million, higher maintenance expenses of $5 million, higher employee
benefit-related expenses of $4 million and higher other expenses of $10 million, partially offset
by reduced uncollectible expenses of $19 million. The increase for the six-month period is
primarily due to higher storm and line clearance expenses of $13 million, higher energy
optimization and renewable energy expenses of $13 million, higher employee benefit-related expenses
of $8 million, partially offset by reduced uncollectible expenses of $19 million.
Taxes other than income were higher by $17 million in the 2010 second quarter and $22 million in
the 2010
six-month period due primarily to a $13 million reduction in property tax expense in 2009 due to
refunds received in partial settlement of appeals of assessments for prior years.
Outlook 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. The January 2010 MPSC order
provided for an uncollectible expense tracking mechanism and a revenue decoupling mechanism which
assists in mitigating the impacts of economic conditions in our service territory. 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.
42
GAS UTILITY
Our Gas Utility segment consists of MichCon and Citizens.
Gas Utility results are discussed below:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
232 |
|
|
$ |
292 |
|
|
$ |
987 |
|
|
$ |
1,063 |
|
Cost of Gas |
|
|
83 |
|
|
|
138 |
|
|
|
547 |
|
|
|
651 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross Margin |
|
|
149 |
|
|
|
154 |
|
|
|
440 |
|
|
|
412 |
|
Operation and Maintenance |
|
|
69 |
|
|
|
123 |
|
|
|
178 |
|
|
|
242 |
|
Depreciation and Amortization |
|
|
22 |
|
|
|
27 |
|
|
|
48 |
|
|
|
53 |
|
Taxes Other Than Income |
|
|
14 |
|
|
|
12 |
|
|
|
31 |
|
|
|
26 |
|
Other Asset Losses and Reserves, Net |
|
|
|
|
|
|
(1 |
) |
|
|
|
|
|
|
(1 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income (Loss) |
|
|
44 |
|
|
|
(7 |
) |
|
|
183 |
|
|
|
92 |
|
Other (Income) and Deductions |
|
|
14 |
|
|
|
15 |
|
|
|
30 |
|
|
|
28 |
|
Income Tax Provision |
|
|
11 |
|
|
|
(7 |
) |
|
|
55 |
|
|
|
18 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income (Loss) Attributable to DTE Energy Company |
|
$ |
19 |
|
|
$ |
(15 |
) |
|
$ |
98 |
|
|
$ |
46 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income as a Percentage of Operating Revenues |
|
|
19 |
% |
|
|
(2 |
)% |
|
|
19 |
% |
|
|
9 |
% |
Gross margin decreased $5 million in the second quarter of 2010 and increased $28 million in the
six-month period ended June 30, 2010. The following table details changes in various gross margin
components relative to the comparable prior period:
|
|
|
|
|
|
|
|
|
(in Millions) |
|
Three Months |
|
|
Six Months |
|
January 1, 2010 self-implementation and June 2010 rate order |
|
$ |
20 |
|
|
$ |
82 |
|
Weather |
|
|
(12 |
) |
|
|
(29 |
) |
Uncollectible tracking mechanism |
|
|
(17 |
) |
|
|
(22 |
) |
Other |
|
|
4 |
|
|
|
(3 |
) |
|
|
|
|
|
|
|
Increase (decrease) in gross margin |
|
$ |
(5 |
) |
|
$ |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Gas Markets |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gas sales |
|
$ |
153 |
|
|
$ |
219 |
|
|
$ |
791 |
|
|
$ |
892 |
|
End user transportation |
|
|
33 |
|
|
|
26 |
|
|
|
106 |
|
|
|
78 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
186 |
|
|
|
245 |
|
|
|
897 |
|
|
|
970 |
|
Intermediate transportation |
|
|
16 |
|
|
|
17 |
|
|
|
31 |
|
|
|
34 |
|
Storage and other |
|
|
30 |
|
|
|
30 |
|
|
|
59 |
|
|
|
59 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
232 |
|
|
$ |
292 |
|
|
$ |
987 |
|
|
$ |
1,063 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gas Markets (in Bcf) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gas sales |
|
|
14 |
|
|
|
18 |
|
|
|
71 |
|
|
|
86 |
|
End user transportation |
|
|
28 |
|
|
|
21 |
|
|
|
72 |
|
|
|
63 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
42 |
|
|
|
39 |
|
|
|
143 |
|
|
|
149 |
|
Intermediate transportation |
|
|
108 |
|
|
|
123 |
|
|
|
207 |
|
|
|
267 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
150 |
|
|
|
162 |
|
|
|
350 |
|
|
|
416 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operation and maintenance expense decreased $54 million in the second quarter of 2010 and $64
million in the
six-month period ended June 30, 2010. The decreases for the 2010 three-month and six-month periods
are due to the deferral of $32 million of previously expensed CTA restructuring expenses and
reduced uncollectible expenses of $25 million and $32 million, respectively, for the three-month
and six-month periods. See Note 7 of Notes to Consolidated Financial Statements.
43
Depreciation and amortization expense decreased $5 million in the 2010 three-month and six-month
periods due to the March 2010 MPSC order that reduced MichCons depreciation rates effective April
1, 2010.
Outlook 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. 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. The June 2010 MPSC order provided for a revenue decoupling mechanism which assists in
mitigating the impacts of economic conditions in our service territory. We continue to resolve
outstanding regulatory issues. Looking forward, we face additional issues, such as higher capital
spending related to renewal of our gas distribution infrastructure, 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 periods and are discussed
below:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
21 |
|
|
$ |
20 |
|
|
$ |
42 |
|
|
$ |
42 |
|
Operation and Maintenance |
|
|
4 |
|
|
|
4 |
|
|
|
8 |
|
|
|
7 |
|
Depreciation and Amortization |
|
|
2 |
|
|
|
1 |
|
|
|
3 |
|
|
|
2 |
|
Taxes Other Than Income |
|
|
1 |
|
|
|
1 |
|
|
|
1 |
|
|
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income |
|
|
14 |
|
|
|
14 |
|
|
|
30 |
|
|
|
31 |
|
Other (Income) and Deductions |
|
|
(2 |
) |
|
|
(4 |
) |
|
|
(10 |
) |
|
|
(11 |
) |
Income Tax Provision |
|
|
6 |
|
|
|
7 |
|
|
|
15 |
|
|
|
17 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income |
|
|
10 |
|
|
|
11 |
|
|
|
25 |
|
|
|
25 |
|
Noncontrolling Interest |
|
|
|
|
|
|
1 |
|
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income Attributable to DTE Energy Company |
|
$ |
10 |
|
|
$ |
10 |
|
|
$ |
24 |
|
|
$ |
24 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 future, the focus of our growth will be related to our Millennium Pipeline
position and will be based upon the growth of the Northeast markets and the increased production
expected from the Marcellus Shale in Northern Pennsylvania and Southern New York. 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.
44
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.
Unconventional Gas Production results are discussed below:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
8 |
|
|
$ |
8 |
|
|
$ |
16 |
|
|
$ |
15 |
|
Operation and Maintenance |
|
|
4 |
|
|
|
3 |
|
|
|
8 |
|
|
|
7 |
|
Depreciation, Depletion and Amortization |
|
|
4 |
|
|
|
4 |
|
|
|
8 |
|
|
|
9 |
|
Taxes Other Than Income |
|
|
1 |
|
|
|
1 |
|
|
|
1 |
|
|
|
1 |
|
Other Asset (Gains) and Losses, Net |
|
|
|
|
|
|
1 |
|
|
|
4 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income (Loss) |
|
|
(1 |
) |
|
|
(1 |
) |
|
|
(5 |
) |
|
|
(3 |
) |
Other (Income) and Deductions |
|
|
2 |
|
|
|
2 |
|
|
|
3 |
|
|
|
3 |
|
Income Tax Provision (Benefit) |
|
|
(1 |
) |
|
|
(1 |
) |
|
|
(3 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income (Loss) Attributable to DTE Energy Company |
|
$ |
(2 |
) |
|
$ |
(2 |
) |
|
$ |
(5 |
) |
|
$ |
(4 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Other Asset (Gains) and Losses, Net increased $3 million in the six-month period ended June 30,
2010 due to higher impairments of expired or expiring leasehold positions that the Company does not
intend to drill at current commodity prices.
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.
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 |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
291 |
|
|
$ |
138 |
|
|
$ |
543 |
|
|
$ |
293 |
|
Operation and Maintenance |
|
|
250 |
|
|
|
140 |
|
|
|
464 |
|
|
|
281 |
|
Depreciation and Amortization |
|
|
14 |
|
|
|
10 |
|
|
|
29 |
|
|
|
20 |
|
Taxes Other Than Income |
|
|
3 |
|
|
|
2 |
|
|
|
7 |
|
|
|
6 |
|
Other Asset (Gains) Losses and Reserves and
Impairments, Net |
|
|
(2 |
) |
|
|
(1 |
) |
|
|
(4 |
) |
|
|
(4 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income (Loss) |
|
|
26 |
|
|
|
(13 |
) |
|
|
47 |
|
|
|
(10 |
) |
Other (Income) and Deductions |
|
|
2 |
|
|
|
3 |
|
|
|
5 |
|
|
|
5 |
|
Income Taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Provision (Benefit) |
|
|
10 |
|
|
|
(6 |
) |
|
|
17 |
|
|
|
(7 |
) |
Production Tax Credits |
|
|
(9 |
) |
|
|
(4 |
) |
|
|
(16 |
) |
|
|
(7 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1 |
|
|
|
(10 |
) |
|
|
1 |
|
|
|
(14 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income (Loss) |
|
|
23 |
|
|
|
(6 |
) |
|
|
41 |
|
|
|
(1 |
) |
Noncontrolling Interests |
|
|
1 |
|
|
|
|
|
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income (Loss) Attributable to DTE Energy Company |
|
$ |
22 |
|
|
$ |
(6 |
) |
|
$ |
40 |
|
|
$ |
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
45
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
$46 million and $26 million, respectively, for the second quarter of 2010, and $92 million and $62
million, respectively, for the six-month period ended June 30, 2010.
Operating revenues increased $107 million and $158 million, net of VIE adjustments, in the second
quarter and six-month period ended June 30, 2010 compared to the same periods in 2009. The increase
in the second quarter of 2010 is attributed primarily to $65 million of higher coke demand, a $38
million increase in on-site services, and a $4 million increase in coal transportation services.
The increase in the six-month period is attributed primarily to $106 million of higher coke demand,
a $60 million increase in on-site services, partially offset by an $8 million decrease in coal
transportation services.
Operation and maintenance expense increased $84 million and $121 million, net of VIE adjustments,
in the second quarter and six-month period ended June 30, 2010 compared to the same periods in
2009. The increase in the second quarter of 2010 is due primarily to $41 million of higher coke
demand, a $39 million increase in on-site services and a $2 million increase in coal transportation
services. The increase in the six-month period is due primarily to $62 million of higher coke
demand, a $60 million increase in on-site services, partially offset by $10 million of lower coal
transportation services.
Outlook We expect a sustained 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 automobiles. 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 up to $30 million generated
from our steel industry fuel projects. The tax credits are available through 2010 with the
potential of being extended for an additional year. In late 2009, we began operating reduced
emission fuel facilities located at Detroit Edison owned coal-fired power plants. The facilities
reduce NOx, SOx and mercury emissions and qualify for production tax credits if the fuel is sold to
an unrelated party. Therefore, we continue to optimize these facilities by seeking investors for
facilities operating at Detroit Edison sites and intend to relocate other facilities to alternative
sites which may provide increased production and emission reduction opportunities 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.
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 at 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.
46
Energy Trading results are discussed below:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended |
|
|
Six Months Ended |
|
|
|
June 30 |
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
|
2010 |
|
|
2009 |
|
Operating Revenues |
|
$ |
117 |
|
|
$ |
128 |
|
|
$ |
403 |
|
|
$ |
332 |
|
Fuel, Purchased Power and Gas |
|
|
142 |
|
|
|
74 |
|
|
|
339 |
|
|
|
190 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross Margin |
|
|
(25 |
) |
|
|
54 |
|
|
|
64 |
|
|
|
142 |
|
Operation and Maintenance |
|
|
15 |
|
|
|
17 |
|
|
|
34 |
|
|
|
35 |
|
Depreciation, Depletion and Amortization |
|
|
1 |
|
|
|
2 |
|
|
|
2 |
|
|
|
3 |
|
Taxes Other Than Income |
|
|
|
|
|
|
|
|
|
|
2 |
|
|
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating Income (Loss) |
|
|
(41 |
) |
|
|
35 |
|
|
|
26 |
|
|
|
102 |
|
Other (Income) and Deductions |
|
|
3 |
|
|
|
2 |
|
|
|
7 |
|
|
|
4 |
|
Income Tax Provision |
|
|
(18 |
) |
|
|
6 |
|
|
|
7 |
|
|
|
31 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income (Loss) Attributable to DTE Energy Company |
|
$ |
(26 |
) |
|
$ |
27 |
|
|
$ |
12 |
|
|
$ |
67 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross margin decreased $79 million in the second quarter of 2010 and decreased $78 million in the
six-month period ended June 30, 2010. The overall decrease in gross margin for the second quarter
and six-month period ended June 30, 2010 as compared to the same periods in 2009 was the result of
increasing gas commodity prices in 2010, coupled with the absence of prior year timing-related
gains. We experienced timing-related volatility based on market movement related to derivative
contracts. The second quarter 2010 decrease represents a $72 million decrease in unrealized margins
and $7 million decrease in realized margins. The $72 million decrease in unrealized margins is due
to $78 million of unfavorable results, primarily in our power trading, power transmission and gas
transportation strategies, offset by $6 million of favorable results, primarily in our gas full
requirements strategy. The $7 million decrease in realized margins is due to $32 million of
unfavorable results, primarily in our gas trading strategy, offset by $25 million of favorable
results, primarily in our power transmission, power full requirements and power origination
strategies.
The decrease for the six-month period represents a $66 million decrease in unrealized margins and
$12 million decrease in realized margins. The $66 million decrease in unrealized margins is due to
$76 million of unfavorable results, primarily in our gas trading and power full requirements
strategies, offset by $10 million of favorable results, primarily in our power trading strategy.
The $12 million decrease in realized margins is due to $35 million of unfavorable results,
primarily in our power trading and gas transportation strategies, offset by $23 million of
favorable results, primarily in our power full requirements, power origination and gas storage
strategies.
Income tax provision decreased $24 million in both the second quarter and the six-month period
ended June 30, 2010. This decrease is due to a decrease in income taxes attributable to lower
pretax income, offset by $7 million of favorable tax-related adjustments resulting from the
settlement of federal income tax audits in the second quarter of 2009.
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 natural gas, power and ancillary
services to various utilities which may include the management of associated storage and
transportation 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.
47
CORPORATE & OTHER
Corporate & Other includes various holding company activities and holds certain non-utility debt
and energy-related investments.
The net loss for the second quarter of 2010 and six-month period ended June 30, 2010 increased by
$14 million and $5 million, respectively. The increases were due primarily to unfavorable
effective tax rate adjustments in 2010 and the impact of tax-related adjustments resulting from the
recognition of tax benefits from the settlement of tax audits in 2009.
CAPITAL RESOURCES AND LIQUIDITY
Cash Requirements
We use cash to maintain and expand our electric and gas utilities, grow our non-utility businesses,
to retire and pay interest on long-term debt and to 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 $1.3 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.
|
|
|
|
|
|
|
|
|
|
|
Six Months Ended |
|
|
|
June 30 |
|
(in Millions) |
|
2010 |
|
|
2009 |
|
Cash and Cash Equivalents |
|
|
|
|
|
|
|
|
Cash Flow From (Used For) |
|
|
|
|
|
|
|
|
Operating activities: |
|
|
|
|
|
|
|
|
Net income |
|
$ |
317 |
|
|
$ |
263 |
|
Depreciation, depletion and amortization |
|
|
504 |
|
|
|
472 |
|
Deferred income taxes |
|
|
72 |
|
|
|
88 |
|
Other assets (gains), losses and reserves, net |
|
|
1 |
|
|
|
3 |
|
Working capital and other |
|
|
257 |
|
|
|
475 |
|
|
|
|
|
|
|
|
|
|
|
1,151 |
|
|
|
1,301 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investing activities: |
|
|
|
|
|
|
|
|
Plant and equipment expenditures utility |
|
|
(463 |
) |
|
|
(581 |
) |
Plant and equipment expenditures non-utility |
|
|
(52 |
) |
|
|
(32 |
) |
Proceeds from sale of other assets, net |
|
|
24 |
|
|
|
32 |
|
Restricted cash and other investments |
|
|
(1 |
) |
|
|
(29 |
) |
|
|
|
|
|
|
|
|
|
|
(492 |
) |
|
|
(610 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Financing activities: |
|
|
|
|
|
|
|
|
Issuance of long-term debt |
|
|
|
|
|
|
363 |
|
Redemption of long-term debt |
|
|
(91 |
) |
|
|
(355 |
) |
Short-term borrowings, net |
|
|
(327 |
) |
|
|
(543 |
) |
Issuance of common stock |
|
|
23 |
|
|
|
18 |
|
Dividends on common stock and other |
|
|
(192 |
) |
|
|
(218 |
) |
|
|
|
|
|
|
|
|
|
|
(587 |
) |
|
|
(735 |
) |
|
|
|
|
|
|
|
Net Increase (Decrease) in Cash and Cash Equivalents |
|
$ |
72 |
|
|
$ |
(44 |
) |
|
|
|
|
|
|
|
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.
48
Cash from operations in the six months ended June 30, 2010 decreased $150 million from the
comparable 2009 period primarily due to lower cash provided by working capital items in 2010. See
Note 15 of the Notes to Consolidated Financial Statements.
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 six months ended June 30, 2010 by $118
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 $148 million during the six months ended June 30,
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 continue to be impacted by national and regional economic conditions. 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.
In July 2010, the Company entered into a new $125 million five-year unsecured letter of credit
facility. The agreement requires us to maintain a total funded debt to capitalization ratio of no
more than 0.65 to 1.
We have a $925 million five-year unsecured revolving credit facility expiring in October 2010. We
are pursuing a replacement for that facility before its expiration. Given current conditions in the
credit markets, we anticipate that the terms of the new facility will be substantially similar to
our existing $1 billion two-year revolving credit facility that expires in April 2011 with respect
to such items as bank participation, allocation levels and covenants. We are also pursuing an
extension of that two-year facility. See Note 11 of the Notes to Consolidated Financial Statements.
49
We have approximately $1.3 billion in long-term debt maturing in the next twelve months. DTE Energy
has $600 million of unsecured debt maturing in June 2011 which is expected to be funded through a
combination of internally generated funds and the issuance of debt and/or equity. DTE Energy has
approximately $1.8 billion of available liquidity at June 30, 2010. 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 $500 million 6.125% Senior Notes due
October 2010. The additional $200 million maturing in October 2010 is expected to be funded through
a planned debt issuance later in 2010. Substantially all of the remaining debt maturities relate to
Securitization. The principal amount of the Securitization debt is funded through a surcharge
payable by Detroit Edisons electric customers.
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. We are currently assessing
other impacts the legislation may have on our healthcare costs. We contributed $200 million to our
pension plans during the six months ended June 30, 2010, including a DTE Energy stock contribution
of $100 million in March 2010. We expect to contribute $150 million to our postretirement medical
and life insurance benefit plans during 2010. We contributed $25 million to our postretirement
medical and life insurance benefit plans during the 2010 second quarter. See Note 13 of the Notes
to Consolidated Financial Statements.
In July 2010, a federal financial reform act was signed into law. The legislation reshapes
financial regulation and is intended to address specific issues that contributed to the financial
crisis. Most major areas of the legislation will be dependent upon regulatory interpretation,
rulemaking and implementation. We are unable to predict the ultimate outcome of this legislation,
but do not expect any material effect on our operations and financial position.
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. We believe we have 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.
50
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, power transmission,
pipeline transportation and certain storage assets. 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 (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 six months ended June 30, 2010:
|
|
|
|
|
(in Millions) |
|
Total |
|
MTM at December 31, 2009 |
|
$ |
(93 |
) |
|
|
|
|
Reclassify to realized upon settlement |
|
|
46 |
|
Changes in fair value recorded to income |
|
|
73 |
|
|
|
|
|
Amounts recorded to unrealized income |
|
|
119 |
|
Changes in fair value recorded in regulatory liabilities |
|
|
3 |
|
Change in collateral held by (for) others |
|
|
(41 |
) |
Option premiums paid and other |
|
|
(20 |
) |
|
|
|
|
MTM at June 30, 2010 |
|
$ |
(32 |
) |
|
|
|
|
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 |
|
$ |
9 |
|
|
$ |
12 |
|
|
$ |
(23 |
) |
|
$ |
22 |
|
|
$ |
20 |
|
Level 2 |
|
|
(46 |
) |
|
|
(112 |
) |
|
|
(65 |
) |
|
|
(36 |
) |
|
|
(259 |
) |
Level 3 |
|
|
26 |
|
|
|
87 |
|
|
|
48 |
|
|
|
|
|
|
|
161 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total MTM before netting adjustments |
|
$ |
(11 |
) |
|
$ |
(13 |
) |
|
$ |
(40 |
) |
|
$ |
(14 |
) |
|
$ |
(78 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Collateral adjustments |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
46 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total MTM at June 30, 2010 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
(32 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
51
Part I Item 3.
QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK
Market Price Risk
We have commodity price risk in both utility and non-utility businesses arising from market price
fluctuations.
Our 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, we do 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. We have tracking
mechanisms to mitigate a portion of losses related to uncollectible accounts receivable at MichCon
and Detroit Edison. We are 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
We purchase and sell 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 our customers have filed for bankruptcy protection under Chapter 11 of the U.S.
Bankruptcy Code. We regularly review contingent matters relating to these customers and our
purchase and sale contracts and records provisions for amounts considered at risk of probable loss.
We believe our accrued amounts are adequate for probable loss. The final resolution of these
matters may have a material effect on our 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.
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 June 30, 2010:
52
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Credit Exposure |
|
|
|
|
|
|
|
|
|
Before Cash |
|
|
Cash |
|
|
Net Credit |
|
(in Millions) |
|
Collateral |
|
|
Collateral |
|
|
Exposure |
|
Investment Grade(1) |
|
|
|
|
|
|
|
|
|
|
|
|
A- and Greater |
|
$ |
224 |
|
|
$ |
(14 |
) |
|
$ |
210 |
|
BBB+ and BBB |
|
|
267 |
|
|
|
|
|
|
|
267 |
|
BBB- |
|
|
56 |
|
|
|
|
|
|
|
56 |
|
|
|
|
|
|
|
|
|
|
|
Total Investment Grade |
|
|
547 |
|
|
|
(14 |
) |
|
|
533 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Non-investment grade(2) |
|
|
4 |
|
|
|
|
|
|
|
4 |
|
Internally Rated investment grade(3) |
|
|
114 |
|
|
|
(6 |
) |
|
|
108 |
|
Internally Rated non-investment grade(4) |
|
|
10 |
|
|
|
|
|
|
|
10 |
|
|
|
|
|
|
|
|
|
|
|
Total |
|
$ |
675 |
|
|
$ |
(20 |
) |
|
$ |
655 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(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 37 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 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 13 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 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 June 30, 2010, we
had a floating rate debt-to-total debt ratio of less than one percent (excluding securitized debt).
Foreign Currency Exchange Risk
We have 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.
Summary of Sensitivity Analysis
We 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 June 30,
2010 and 2009 by a hypothetical 10% and calculating the resulting change in the fair values.
53
The results of the sensitivity analysis calculations as of June 30, 2010 and 2009:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Assuming a |
|
Assuming a |
|
|
|
|
10% Increase in Rates |
|
10% Decrease in Rates |
|
|
(in Millions) |
|
As of June 30, |
|
As of June 30, |
|
|
Activity |
|
2010 |
|
2009 |
|
2010 |
|
2009 |
|
Change in the Fair Value of |
Coal Contracts |
|
$ |
(1 |
) |
|
$ |
1 |
|
|
$ |
1 |
|
|
$ |
(1 |
) |
|
Commodity contracts |
Gas Contracts |
|
|
(8 |
) |
|
|
(8 |
) |
|
|
8 |
|
|
|
9 |
|
|
Commodity contracts |
Oil Contracts |
|
|
2 |
|
|
|
2 |
|
|
|
(2 |
) |
|
|
(2 |
) |
|
Commodity contracts |
Power Contracts |
|
|
1 |
|
|
|
(13 |
) |
|
|
1 |
|
|
|
13 |
|
|
Commodity contracts |
Interest Rate Risk |
|
|
(267 |
) |
|
|
(310 |
) |
|
|
287 |
|
|
|
336 |
|
|
Long-term debt |
Foreign Currency Exchange
Risk |
|
|
2 |
|
|
|
(4 |
) |
|
|
11 |
|
|
|
4 |
|
|
Forward contracts |
Discount Rates |
|
|
|
|
|
|
1 |
|
|
|
|
|
|
|
(1 |
) |
|
Commodity contracts |
For further discussion of market risk, see Note 5 of the Notes to Consolidated Financial
Statements.
54
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
June 30, 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 disclosure 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 (i) is recorded, processed, summarized and reported
within the time
periods specified in the SECs rules and forms and (ii) 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
June 30, 2010 that have materially affected, or are reasonably likely to materially affect, the
Companys internal
control over financial reporting.
55
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.
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. In June 2010, EPA issued a NOV/FOV making similar allegations
related to a recent project and outage at Unit 2 of the Monroe Power Plant. We believe that the
plants identified by the EPA have complied with applicable regulations. Depending upon the outcome
of our discussions with the EPA regarding the NOV/FOV, the EPA could bring legal action against
Detroit Edison. The Company could also be required to install additional pollution control
equipment at some or all of the power plants in question, consider early retirement of facilities
where control equipment is not economical, engage in supplemental environmental programs, and/or
pay fines. The Company cannot predict the financial impact or outcome of this matter, or the timing
of its resolution.
Item 1A. Risk Factors
There are various risks associated with the operations of DTE Energys utility and non-utility
businesses. To provide a framework to understand the operating environment of DTE Energy, we have
provided a brief explanation of the more significant risks associated with our businesses in Part
1, Item 1A. Risk Factors in the Companys 2009 Form 10-K. Although we have tried to identify and
discuss key risk factors, others could emerge in the future. In addition to the risk factors set
forth in our 10-K, the following updated risk could affect our performance.
A work interruption may adversely affect us. Unions represent approximately 5,000 of our
employees. A union choosing to strike would have an impact on our business. Our contracts with
unions representing two small groups of employees expired on December 31, 2009 and another union is
currently negotiating its first contract. We cannot predict the outcome of any of these contract
negotiations, some of which have not yet commenced. We are unable to predict the effect a work
stoppage would have on our costs of operation and financial performance.
56
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 June 30, 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 |
|
04/01/10 - 04/30/10 |
|
|
|
|
|
$ |
|
|
|
|
|
|
|
|
|
|
05/01/10 - 05/31/10 |
|
|
85,000 |
|
|
|
48.33 |
|
|
|
|
|
|
|
|
|
06/01/10 - 06/30/10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
85,000 |
|
|
|
48.33 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(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. |
57
Item 6. Exhibits
|
|
|
Exhibit |
|
|
Number |
|
Description |
|
Exhibits filed herewith: |
|
|
|
31-59
|
|
Chief Executive Officer Section 302 Form 10-Q Certification |
|
31-60
|
|
Chief Financial Officer Section 302 Form 10-Q Certification |
|
|
|
Exhibits incorporated herein by reference: |
|
|
|
3-7
|
|
Amended and Restated Articles of Incorporation (as amended
May 6, 2010, effective May 11, 2010) (Exhibit 3.1 to Form
8-K dated May 6, 2010). |
|
3-8
|
|
Amended Bylaws (as amended through May 6, 2010) (Exhibit
3.2 to Form 8-K dated May 6, 2010). |
|
|
|
Exhibits furnished herewith: |
|
|
|
32-59
|
|
Chief Executive Officer Section 906 Form 10-Q Certification |
|
32-60
|
|
Chief Financial Officer Section 906 Form 10-Q Certification |
58
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: July 30, 2010 |
/s/ PETER B. OLEKSIAK
|
|
|
Peter B. Oleksiak |
|
|
Vice President and Controller and
Chief Accounting Officer |
|
|
59