Business context and reporting period
CMS Energy Corporation filed this combined, unaudited Form 10-Q for the quarter ended September 30, 2014; it also reports results for the nine months ended on that date. CMS Energy is a Michigan-focused energy holding company. Its principal subsidiary, Consumers Energy, is a regulated electric and gas utility; CMS Energy also has non-utility businesses, including EnerBank and power-generation investments. Amounts below are in millions of dollars unless stated otherwise.
Financial performance and position
| CMS Energy consolidated | Q3 2014 | Q3 2013 | Nine months 2014 | Nine months 2013 |
|---|---|---|---|---|
| Operating revenue | $1,430 | $1,445 | $5,421 | $4,830 |
| Operating income | $236 | $317 | $879 | $878 |
| Net income available to common stockholders | $94 | $126 | $381 | $350 |
| Diluted EPS | $0.34 | $0.46 | $1.39 | $1.29 |
- Q3 revenue was down $15 million and operating income down $81 million year over year, while nine-month revenue rose $591 million and operating income was nearly flat. Nine-month diluted EPS increased 8%.
- For the first nine months, CMS Energy generated $962 million of operating cash flow, used $1,347 million in investing activities, and received $706 million from financing activities. Capital expenditures were $1,125 million. Operating cash flow declined from $1,118 million in 2013, primarily reflecting gas and power supply underrecoveries after severe winter weather and lower initial gas inventory levels.
- At September 30, CMS Energy reported $493 million of cash and cash equivalents plus $37 million of restricted cash; the MD&A describes these together as $530 million of consolidated cash. Consumers reported $200 million plus $37 million restricted, or $237 million combined.
- CMS Energy long-term debt carrying value was $8,711 million, including the current portion, versus $7,642 million at year-end 2013. Consumers’ comparable carrying value was $5,290 million versus $4,622 million. CMS Energy had $548 million available on its revolving facility; Consumers had $650 million available on its main facility. Both were in compliance with stated financial covenants, with no reported defaults.
- Consumers’ nine-month net income available to its common stockholder was $448 million, up from $413 million. Its operating cash flow was $948 million, down from $1,134 million.
Material changes and management commentary
- Colder winter weather increased Consumers’ nine-month gas deliveries to 234 bcf from 206 bcf and contributed to improved gas utility earnings. Consumers’ nine-month electric deliveries rose to 28.3 billion kWh from 27.8 billion kWh, but Q3 deliveries fell to 9.6 billion kWh from 9.8 billion kWh; lower sales to higher-margin customers pressured quarterly electric results.
- Consumers’ earnings benefited from a new MPSC accounting treatment that accelerated the flow-through of tax benefits, reducing income tax expense by $30 million for the first nine months. Management said this and cost initiatives helped avoid electric and gas base-rate increases in 2014.
- Consumers had $62 million of gas cost underrecovery and $47 million of power supply cost underrecovery at September 30. Recovery depends on regulatory processes and customer charges.
- CMS Energy recorded a $15 million charge in September to increase its Bay Harbor environmental liability; the remaining recorded liability was $63 million, with an undiscounted estimate of $82 million. Enterprises reported a $3 million nine-month loss, compared with $1 million of income a year earlier, primarily reflecting the Bay Harbor charge.
- Consumers issued $378 million of securitization bonds in July to recover the remaining book value of ten generating units planned for retirement by April 2016. It also issued $500 million of first mortgage bonds in August. CMS Energy issued $550 million of senior notes and completed a $30 million at-the-market equity sale.
Guidance, outlook, risks, contingencies and unusual items
- Consumers expected weather-adjusted electric deliveries to grow 2%–3% in 2014 and average 0.5%–1.0% annually over the following five years. Gas deliveries were expected to rise 1%–2% in 2014 and remain relatively stable over five years. The filing does not provide a clear CMS Energy full-year EPS guidance figure.
- Consumers projected about $7 billion of capital investment from 2014 through 2018, including $0.9 billion of environmental investments. Management expected annual rate-base growth of 5%–7%, while aiming to keep sustainable customer base-rate increases at or below inflation, excluding power- and gas-cost recovery charges.
- Consumers’ July 2014 gas rate-case application sought an $88 million annual increase, based on a requested 10.7% authorized return on equity, and additional recovery mechanisms. The request was pending; approval and timing were not assured.
- Management identified potential generation-capacity shortfall risk in 2016 following planned coal-unit retirements and possible tightening of the MISO capacity market. Consumers had contracted to buy a 540-MW gas plant for $155 million, subject to approvals, and had completed a capacity auction for 2015–2016 subject to MPSC approval.
- Environmental rules and proceedings pose material cost and operating uncertainties, including carbon-emissions requirements, coal ash disposal, water and effluent standards, and air-pollution controls. Consumers estimated $0.9 billion of environmental spending through 2018 and said rate recovery was expected but not assured.
- A September 2014 EPA/DOJ settlement concerning alleged air-permit violations required pollution-control work, emission-rate targets, surrender of emission allowances, $7.7 million of environmental mitigation projects, and a $2.75 million civil penalty. The consent decree remained subject to court entry.
- Other significant contingencies include a $142 million Equatorial Guinea tax claim plus penalties and interest, which CMS Energy contests; gas-index-price litigation with potential losses not estimable; Bay Harbor environmental obligations; and Consumers’ environmental remediation, including a $117 million recorded liability for gas-related sites. CMS Energy also disclosed $450 million of estimable maximum indemnity obligations, of which $7 million was carried as a liability.
- Consumers’ OPEB settlement called for contributions of $25 million in 2014 and $29 million in February 2015, followed by suspension of further contributions pending future MPSC determinations. Lower discount-rate assumptions increased projected retirement-benefit costs for 2015 and 2016.
Important facts for investors to verify
- Whether Consumers can obtain timely, adequate recovery of winter-related gas and power underrecoveries and the outcome of its pending gas-rate case and other regulatory proceedings.
- Whether capital spending, environmental compliance costs, and generation-capacity needs remain within management’s plans, and whether those costs are recoverable in customer rates.
- Debt growth, cash generation relative to capital expenditures, and continued access to credit facilities and capital markets.
- Developments in Bay Harbor, Equatorial Guinea, gas-index litigation, the EPA settlement, and other environmental or legal contingencies, including potential impacts not currently estimable.
- Actual demand, weather, commodity-price, and retirement-benefit outcomes versus management’s assumptions and outlook.