Electric Utility Securitizations—Plant Closings

Feb 19, 2016

Reading Time : 2 min

The following represent two recent utility securitizations related to plant closings:

  • Consumers Energy Company (Michigan) Coal-Fired and Gas-Fueled Units (2014)—This Michigan utility was authorized to recover through a utility securitization the remaining or unrecovered book value (determined to be a regulatory asset and qualified cost for purposes of the Michigan utility securitization statute) of seven coal-fired and three gas-fueled electric generating units designated for early retirement due to changes in environmental regulations. The financing order approved the issuance of approximately $390 million of bonds.
  • Duke Energy Florida (Florida) Nuclear Plant (securitization expected to close in 2016)—This Florida utility was authorized to recover through a utility securitization costs related to the premature closing of the Crystal River nuclear plant. In light of damage to the nuclear plant in 2009, and the considerable costs that would be required to repair the plant, the plant was permanently shut down in 2013. The financing order approved the issuance of approximately $1,313 million of bonds.

An important requirement of utility securitizations that the applicant demonstrate that the securitization has a significant likelihood of resulting in lower overall costs or would avoid, or significantly mitigate, rate impacts compared to the traditional method of cost recovery. The Michigan Public Service Commission financing order found that the net present value of the revenues to be collected under the financing order would be less than the amount that would be recovered over the remaining life of the qualified costs using conventional financing methods (with Consumers Energy’s assertion of an approximate $135 million difference reduced by $35 million pursuant to the financing order). The Florida Public Service Commission financing order found that the traditional method of recovering the costs (i.e., implementation of a base rate increase) would result in a total revenue requirement over the 20-year recovery period of approximately $2,531 million, while, with the issuance of bonds, the estimated cumulative revenue requirement over the total period outstanding would be $1,823 million, which is $708 million lower than the estimated cumulative revenue requirement under the traditional recovery method. Two additional important factors support these findings: utility securitizations provide for the spreading of costs over the term of the bonds and, due to the AAA rating of the bonds issued in these securitizations, a significant reduction to a utility’s cost of capital.

Share This Insight

Categories

Previous Entries

Speaking Energy

April 23, 2026

On April 15, 2026, the Federal Energy Regulatory Commission (FERC or the Commission) issued one of the largest enforcement penalty orders in its history, finding that American Efficient, LLC (American Efficient) and its affiliates engaged in a decade‑long fraudulent scheme involving offering energy efficiency resources (EERs) over which they had no contractual authority into the PJM Interconnection, L.L.C. (PJM) and Midcontinent Independent System Operator, Inc. (MISO) capacity markets.1

...

Read More

Speaking Energy

April 7, 2026

Oil & gas companies are adapting swiftly to the administration’s energy dominance agenda, replacing net zero commitments with strategic opportunities across three emerging revenue streams. The AI-driven data center boom is fueling unprecedented demand for reliable onsite power, with traditional energy companies leveraging their natural gas resources and infrastructure expertise to build dedicated generation facilities and enter construction joint ventures. Major oil producers are simultaneously exploiting their subsurface exploration capabilities to expand into critical mineral supply chains essential for battery technologies, electronics and aerospace applications. 

...

Read More

Speaking Energy

April 3, 2026

Akin is proud to serve as a Gold Sponsor of Infocast’s Tax Credits & Transferability 2026, taking place on May 5-6 in Houston.

...

Read More

Speaking Energy

March 26, 2026

Antitrust enforcement is showing early signs of transformation as new leadership promises more accommodating approaches to oil & gas consolidation. In the United States, Federal Trade Commission chair Andrew Ferguson assumed office in January 2025, signaling a more permissive stance toward merger approvals that oil & gas companies have welcomed enthusiastically. This shift represents a potential departure from the heightened scrutiny that characterized previous years, creating optimism among dealmakers seeking opportunities for strategic combinations. 

...

Read More

© 2026 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.