The shareholders of FPL Group, Inc. (NYSE: FPL) voted today to change
the name of the company to NextEra Energy, Inc.
The company announced the proposed name change on March 19, 2010. During
the company’s annual meeting today, the proposal was approved by more
than 95 percent of the shareholders who cast a vote. Following the
shareholder vote, the name of the company was formally changed from FPL
Group, Inc. to NextEra Energy, Inc.
The change is intended to better reflect the company’s scale as one of
the largest and cleanest energy providers in the country, its diverse
scope of operations across 28 states and Canada, and its
forward-thinking, innovative approach to providing energy-related
solutions for customers.
“NextEra Energy, Inc., is a strong and fitting name for this innovative,
competitive, forward-thinking energy company,” Chairman and CEO Lew Hay
said. “A decade ago, our business interests were primarily concentrated
in Florida. Over the last decade, we have grown and diversified the
business from mainly a high-performing utility in Florida to a national
enterprise that is also the leading generator of renewable energy from
the wind and sun in North America and the third largest nuclear operator
in the United States. We are also well positioned for success in the
low-carbon economy of the future. Overall, our company is one of the
cleanest electric power companies in the nation, with a carbon dioxide
emissions rate nearly 50 percent below the industry average.”
The company plans to change its New York Stock Exchange ticker symbol
from FPL to NEE in late June. The company will not change the name of
its utility subsidiary, Florida Power & Light Company, which has a proud
history and tradition of excellence in Florida.
With operations in 28 states, NextEra Energy is one of the nation’s
largest electric power companies. It is second in electric generating
capacity at 42,678 megawatts as of Dec. 31, 2009, third in revenue at
$15.6 billion for 2009, and fifth in market capitalization at $20.8
billion as of May 20, 2010. The company is also the nation’s No.1
producer of renewable energy from the wind and sun and, through its
subsidiaries, operates the nation’s third largest nuclear power
generation fleet.
At the meeting, Hay reviewed the company’s recent performance and
accomplishments for shareholders. He noted that the company’s total
shareholder return exceeded that of the industry over one-year,
five-year and 10-year timeframes and has also exceeded that of the
broader market over a sustained period. “One dollar invested in the S&P
500 10 years ago would be worth 97 cents today, whereas one dollar
invested in FPL Group would be worth $2.53,” he said.
During 2009, NextEra Energy Resources, the company’s competitive energy
business, added 1,170 megawatts of new wind energy assets and remained
the market leader in North America with 7,544 total megawatts of wind
assets. The company also signed a long-term contract for the proposed
250 megawatt Genesis Solar Energy Project in California and completed a
230-mile transmission line in Texas.
At Florida Power & Light in 2009, the company completed two
combined-cycle natural gas units in western Palm Beach County,
commissioned the largest solar photovoltaic power plant in the country
in DeSoto County, and delivered customers $440 million in fuel savings
relative to a 2002 baseline as a result of investments in increased
efficiency.
Looking forward, Hay noted that both companies have opportunities to
grow. He said that NextEra Energy Resources has outstanding prospects in
wind energy, an attractive solar development pipeline, a growing
transmission business, new opportunities in natural gas infrastructure,
and the potential for in-line growth at the commodities and retail
business. At Florida Power & Light, the company is building a third
combined-cycle unit at the West County Energy Center and is proposing to
make significant investments in nuclear plant uprates, the Riviera Beach
and Cape Canaveral natural gas plant modernizations, Energy Smart
Florida, and additional solar projects.
Hay said the company believes it can grow adjusted earnings per share by
an average of 5 percent to 7 percent per year over the next five years
(2010-2014) off of a 2009 base. Adjusted earnings exclude the cumulative
effect of adopting new accounting standards, the unrealized
mark-to-market effect of non-qualifying hedges and net other than
temporary impairment losses on securities held in NextEra Energy
Resources’ nuclear decommissioning funds, none of which can be
determined at this time. See the accompanying cautionary statements for
a list of risk factors that may affect future results.
Shareholders elect all directors and ratify appointment of
independent registered public accounting firm; Tregurtha retires
During the annual meeting, shareholders elected the following slate of
directors to a one-year term: Sherry S. Barrat, Robert M. Beall, II, J.
Hyatt Brown, James L. Camaren, J. Brian Ferguson, Lewis Hay, III, Toni
Jennings, Oliver D. Kingsley, Jr., Rudy E. Schupp, William H. Swanson,
Michael H. Thaman, and Hansel E. Tookes, II. Paul R. Tregurtha retired
after more than 20 years of service on the Board.
Shareholders also ratified the appointment of Deloitte & Touche LLP as
the company's independent registered public accounting firm for 2010.
Dividend declared
Also today, the board of directors declared a regular quarterly common
stock dividend of 50 cents per share. The dividend is payable June 15,
2010, to shareholders of record June 4, 2010.
NextEra Energy, Inc.
NextEra Energy, Inc. (which previously operated as FPL Group) is a
leading clean energy company with 2009 revenues of more than $15
billion, nearly 43,000 megawatts of generating capacity, and more than
15,000 employees in 28 states and Canada. Headquartered in Juno Beach,
Fla., NextEra Energy’s principal subsidiaries are NextEra Energy
Resources, LLC, the largest generator in North America of renewable
energy from the wind and sun, and Florida Power & Light Company, which
serves approximately 4.5 million customer accounts in Florida and is one
of the largest rate-regulated electric utilities in the country. Through
its subsidiaries, NextEra Energy collectively operates the third largest
U.S. nuclear power generation fleet. For more information about NextEra
Energy companies, visit these websites: www.NextEraEnergy.com,
www.NextEraEnergyResources.com,
www.FPL.com.
Cautionary Statements And Risk Factors That May Affect Future
Results
In connection with the safe harbor provisions of the Private Securities
Litigation Reform Act of 1995 (Reform Act), NextEra Energy, Inc.
(NextEra Energy) and Florida Power & Light Company (FPL) are hereby
providing cautionary statements identifying important factors that could
cause NextEra Energy's or FPL's actual results to differ materially from
those projected in forward-looking statements (as such term is defined
in the Reform Act) made by or on behalf of NextEra Energy and FPL in
this news release, on their respective websites, in response to
questions or otherwise. Any statements that express, or involve
discussions as to, expectations, beliefs, plans, objectives,
assumptions, strategies, future events or performance (often, but not
always, through the use of words or phrases such as will, will likely
result, are expected to, will continue, is anticipated, aim, believe,
could, should, would, estimated, may, plan, potential, projection,
target, outlook, predict and intend or words of similar meaning) are not
statements of historical facts and may be forward-looking.
Forward-looking statements involve estimates, assumptions and
uncertainties. Accordingly, any such statements are qualified in their
entirety by reference to, and are accompanied by, the following
important factors (in addition to any assumptions and other factors
referred to specifically in connection with such forward-looking
statements) that could have a significant impact on NextEra Energy's
and/or FPL's operations and financial results, and could cause NextEra
Energy's and/or FPL's actual results to differ materially from those
contained or implied in forward-looking statements made by or on behalf
of NextEra Energy and/or FPL.
Any forward-looking statement speaks only as of the date on which such
statement is made, and NextEra Energy and FPL undertake no obligation to
update any forward-looking statement to reflect events or circumstances,
including unanticipated events, after the date on which such statement
is made, unless otherwise required by law. New factors emerge from time
to time and it is not possible for management to predict all of such
factors, nor can it assess the impact of each such factor on the
business or the extent to which any factor, or combination of factors,
may cause actual results to differ materially from those contained or
implied in any forward-looking statement.
The following are some important factors that could have a significant
impact on NextEra Energy's and FPL's operations and financial results,
and could cause NextEra Energy's and FPL's actual results or outcomes to
differ materially from those discussed or implied in the forward-looking
statements:
NextEra Energy’s and FPL’s results of operation may be adversely
affected by the extensive regulation of their businesses.
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The operations of NextEra Energy and FPL are subject to complex and
comprehensive federal, state and other regulation. This extensive
regulatory framework, some but not all of which is more specifically
identified in the following risk factors, regulates, among other
things, NextEra Energy's and FPL's industry, rate and cost structure,
operation of nuclear power facilities, construction and operation of
generation, transmission and distribution facilities, acquisition,
disposal, depreciation and amortization of assets and facilities,
decommissioning costs, transmission reliability and present or
prospective wholesale and retail competition. In their business
planning and in the management of their operations, NextEra Energy and
FPL must address the effects of regulation on their businesses and
proposed changes in the regulatory framework. Significant changes in
the nature of the regulation of NextEra Energy’s and FPL’s businesses
could require changes to their business planning and management of
their businesses and could adversely affect their results of
operations and the value of their assets. NextEra Energy and FPL must
periodically apply for licenses and permits from various local, state,
federal and other regulatory authorities and abide by their respective
orders. Should NextEra Energy or FPL be unsuccessful in obtaining
necessary licenses or permits or should these regulatory authorities
initiate any investigations or enforcement actions or impose penalties
or disallowances on NextEra Energy or FPL, NextEra Energy’s and FPL’s
businesses could be adversely affected. NextEra Energy’s and FPL’s
results of operations also could be affected by FPL’s inability to
negotiate or renegotiate franchise agreements on acceptable terms with
municipalities and counties in Florida.
NextEra Energy’s and FPL’s financial performance could be negatively
affected if FPL is unable to recover, in a timely manner, certain costs,
a return on certain assets or an appropriate return on capital from its
customers through regulated rates and cost recovery clauses.
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FPL is a regulated entity subject to the jurisdiction of the Florida
Public Service Commission (FPSC) over a wide range of business
activities, including, among other items, the retail rates charged to
its customers, the terms and conditions of its services, procurement
of electricity for its customers, issuance of securities, transfers of
some utility assets and facilities to affiliates, and aspects of the
siting and operation of its generating plants and transmission and
distribution systems for the sale of electric energy. The FPSC also
has the authority to disallow recovery by FPL of costs that it
considers excessive or imprudently incurred. The regulatory process,
which may be adversely affected by the political, regulatory and
economic environment in Florida and elsewhere, can restrict FPL’s
ability to grow earnings and does not provide any assurance as to
achievement of authorized or other earnings levels. NextEra Energy’s
and FPL’s financial condition and results of operations could be
materially adversely affected if FPL is unable to recover through
retail base rates and cost recovery clauses any material amount of its
costs in a timely manner, a return on certain assets or an appropriate
return on capital.
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Decisions of the FPSC have been and, in the future, may be adversely
affected by the political, regulatory and economic environment in
Florida and elsewhere and may adversely affect the financial condition
and results of operations of NextEra Energy and FPL. These decisions
may require, for example, FPL to cancel or delay planned development
activities and to reduce or delay other planned capital expenditures
which could reduce the earnings potential of NextEra Energy and FPL.
NextEra Energy and FPL are subject to federal regulatory compliance
and proceedings which have significant compliance costs and expose them
to substantial monetary penalties and other sanctions.
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In addition to the regulatory risks that may affect NextEra Energy and
FPL discussed above, the extensive federal regulation of the
operations of NextEra Energy and FPL exposes the companies to
significant and increasing compliance costs. NextEra Energy and FPL
also are subject to costs and other potentially adverse effects of
regulatory investigations, proceedings, settlements, decisions and
claims, including, among other items, potentially significant monetary
penalties for non-compliance. As an example, under the Energy Policy
Act of 2005, FPL and NextEra Energy Resources, LLC (NextEra Energy
Resources), as owners and operators of bulk power transmission systems
and/or electric generation facilities, are subject to mandatory
reliability standards. Compliance with these mandatory reliability
standards may subject NextEra Energy and FPL to higher operating costs
and may result in increased capital expenditures. If FPL or NextEra
Energy Resources is found not to be in compliance with these
standards, it may incur substantial monetary penalties and other
sanctions.
NextEra Energy and FPL may be adversely affected by increased
governmental and regulatory scrutiny or negative publicity.
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From time to time, political and public sentiment may result in a
significant amount of adverse press coverage and other adverse public
statements affecting NextEra Energy and FPL. Adverse press coverage
and other adverse statements may result in some type of investigation
by regulators, legislators and law enforcement officials or in
lawsuits. Responding to these investigations and lawsuits, regardless
of the ultimate outcome of the proceeding, can divert the time and
effort of NextEra Energy’s and FPL’s senior management from their
businesses. Addressing any adverse publicity, governmental scrutiny
and legal and enforcement proceedings is time consuming and expensive
and, regardless of the factual basis for the assertions being made,
can also have a negative impact on the reputation of NextEra Energy
and FPL and on the morale and performance of their employees, which
could adversely affect their businesses and results of operations.
NextEra Energy’s and FPL’s businesses are subject to risks associated
with legislative and regulatory initiatives.
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NextEra Energy and FPL operate in a changing market environment
influenced by various legislative and regulatory initiatives,
including, for example, initiatives regarding regulation, deregulation
or restructuring of the energy industry and regulation of the
commodities trading markets. NextEra Energy and its subsidiaries will
need to adapt to any changes and may face increasing costs and
competitive pressures in doing so. NextEra Energy Resources produces
the majority of its electricity from clean and renewable fuels, such
as nuclear, natural gas, and wind, operates in the competitive segment
of the electric industry, has targeted the competitive segments of the
electric industry for future growth and relies on the efficient
operation of the commodities trading markets. NextEra Energy’s results
of operations and growth prospects could be adversely affected as a
result of future legislation or regulatory initiatives, including, but
not limited to, those that reverse or restrict the competitive
restructuring of the energy industry or the effective operation of the
commodities trading markets.
NextEra Energy and FPL are subject to numerous environmental laws and
regulations that require capital expenditures, increase their cost of
operations and may expose them to liabilities.
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NextEra Energy and FPL are subject to extensive federal, state, and
local environmental statutes, rules, and regulations relating to air
quality, water quality, climate change, greenhouse gas (GHG),
including, but not limited to, carbon dioxide (CO2)
emissions, waste management, hazardous wastes, marine and wildlife
mortality, natural resources, health, safety and renewable portfolio
standards (RPS) that could, among other things, restrict the output of
some existing facilities, limit the use of some fuels required for the
production of electricity, require additional pollution control
equipment, and otherwise increase costs. There are significant
capital, operating and other costs associated with compliance with
these environmental statutes, rules and regulations, and those costs
could be even more significant in the future as a result of new
legislation, the current trend toward more stringent standards, and
stricter and more expansive application of existing environmental
regulations. Violations of certain of these statutes, rules and
regulations could expose NextEra Energy and FPL to third party
disputes and potentially significant monetary and criminal penalties,
as well as other sanctions for non-compliance.
NextEra Energy’s and FPL’s businesses could be negatively affected by
federal or state laws or regulations mandating new or additional limits
on the production of GHG emissions.
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Federal or state laws or regulations may be adopted that would impose
new or additional limits on GHG, including, but not limited to, CO2
and methane, from electric generating units storing and combusting
fossil fuels like coal and natural gas. The potential effects of such
GHG emission limits on NextEra Energy’s and FPL’s electric generating
units are subject to significant uncertainties based on, among other
things, the timing of the implementation of any new requirements, the
required levels of emission reductions, the nature of any market-based
or tax-based mechanisms adopted to facilitate reductions, the relative
availability of GHG emission reduction offsets, the development of
cost-effective, commercial-scale carbon capture and storage technology
and supporting regulations and liability mitigation measures, and the
range of available compliance alternatives. While NextEra Energy’s and
FPL’s electric generating units emit GHGs at a lower rate of emissions
than most of the U.S. electric generation sector, the results of
operations of NextEra Energy and FPL could be adversely affected to
the extent that any new GHG emission limits, among other potential
impacts:
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create substantial additional costs in the form of taxes or
emission allowances;
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make some of NextEra Energy’s and FPL’s electric generating units
uneconomical to operate in the long term;
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require significant capital investment in carbon capture and
storage technology, fuel switching, or the replacement of
high-emitting generation facilities with lower-emitting generation
facilities; or
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affect the availability or cost of fossil fuels.
The operation and maintenance of nuclear generation facilities
involve risks that could result in fines or the closure of nuclear units
owned by FPL or NextEra Energy Resources and in increased costs and
capital expenditures.
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FPL and NextEra Energy Resources own, or hold undivided interests in,
eight nuclear generation units in four states. The operation and
maintenance of the facilities involve inherent risks, including, but
not limited to, the following:
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The nuclear generation facilities are subject to environmental,
health and financial risks, such as risks relating to site storage
of spent nuclear fuel, the disposition of spent nuclear fuel,
emissions of tritium and other radioactive elements in the event
of a nuclear accident or failure or otherwise, the threat of a
terrorist attack and other potential liabilities arising out of
the ownership or operation of the facilities. Although FPL and
NextEra Energy Resources maintain decommissioning funds and
external insurance coverage which are intended to minimize the
financial exposure to some of these risks, the cost of
decommissioning the facilities could exceed the amount available
in the decommissioning funds, and the liability and property
damages could exceed the amount of insurance coverage. In the
event of an incident at any nuclear reactor in the United States,
FPL and NextEra Energy Resources could be assessed significant
retrospective assessments and/or retrospective insurance premiums
as a result of their participation in a secondary financial
protection system and nuclear insurance mutual companies.
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The U.S. Nuclear Regulatory Commission (NRC) has broad authority
to impose licensing and safety-related requirements for the
construction, operation and maintenance of nuclear generation
facilities. In the event of non-compliance, the NRC has the
authority to impose fines or shut down a nuclear unit, or to take
both of these actions, depending upon its assessment of the
severity of the situation, until compliance is achieved. NRC
orders or new regulations related to increased security measures
and any future safety requirements promulgated by the NRC could
require FPL and NextEra Energy Resources to incur substantial
operating and capital expenditures at their nuclear generation
facilities. In addition, any serious nuclear incident occurring at
an FPL or NextEra Energy Resources plant could result in
substantial remediation costs and other expenses. A major incident
at a nuclear facility anywhere in the world could cause the NRC to
limit or prohibit the operation or licensing of any domestic
nuclear unit. An incident at a nuclear facility anywhere in the
world also could cause the NRC to impose additional conditions or
other requirements on the industry, which could increase costs and
result in additional capital expenditures.
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The operating licenses for FPL’s and NextEra Energy Resources’
nuclear generation facilities, other than Duane Arnold Energy
Center (Duane Arnold), extend through at least 2030. In 2008,
NextEra Energy Resources applied to extend Duane Arnold’s
operating license for an additional 20 years beyond its current
expiration date of 2014. If the NRC does not renew the operating
license for Duane Arnold or any of FPL’s or NextEra Energy
Resources’ nuclear generation units cannot be operated through the
end of their respective operating licenses, NextEra Energy’s or
FPL’s results of operations could be adversely affected by
increased depreciation rates, impairment charges and accelerated
future decommissioning costs.
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Terrorist threats and increased public scrutiny of nuclear
generation facilities could result in increased nuclear licensing
or compliance costs which are difficult or impossible to predict.
NextEra Energy’s and FPL’s operating results could suffer if they do
not proceed with projects under development or are unable to complete
the construction of, and capital improvements to, generation,
transmission, distribution and other facilities on schedule and within
budget.
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NextEra Energy and FPL may incur significant costs for development of
projects, including, but not limited to, preliminary engineering,
permitting, legal, and other expenses before it can be established
whether a project is feasible, economically attractive, or capable of
being financed. The ability of NextEra Energy and FPL to complete
construction of, and capital improvement projects for, their
generation, transmission, distribution and other facilities on
schedule and within budget may be adversely affected by escalating
costs for materials and labor and regulatory compliance, delays in
obtaining permits and other approvals, disputes involving third
parties, negative publicity, transmission interconnection issues and
other factors or failures. If any development project or construction
or capital improvement project is not completed or is delayed or
subject to cost overruns, NextEra Energy's and FPL's operational and
financial results may be adversely affected. In any such event, among
other matters, NextEra Energy and FPL could be subject to additional
costs, which may not be recoverable at FPL from ratepayers,
termination payments under committed contracts, loss of tax credits or
the write-off of their investment in the project.
The operation and maintenance of power generation, transmission and
distribution facilities involve significant risks that could adversely
affect the results of operations and financial condition of NextEra
Energy and FPL.
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The operation and maintenance of power generation, transmission and
distribution facilities involve many risks, such as those identified
elsewhere in these risk factors and those arising due to:
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risks of start-up operations;
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failures in the supply, availability or transportation of fuel;
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the impact of unusual or adverse weather conditions, including,
but not limited to, natural disasters such as hurricanes, floods,
earthquakes and droughts;
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performance below expected or contracted levels of output or
efficiency;
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breakdown or failure of equipment, transmission and distribution
lines or pipelines;
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availability of replacement equipment;
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risks of human injury from energized equipment;
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availability of adequate water resources and ability to satisfy
water discharge requirements;
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inability to properly manage or mitigate known equipment defects
throughout NextEra Energy’s and FPL’s generation fleets and
transmission and distribution systems;
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use of new or unproven technology; and
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dependence on a specific fuel source.
The occurrence of any of these effects or events could result in, among
other matters, lost revenues due to prolonged outages, increased
expenses due to monetary penalties or fines, replacement equipment costs
or an obligation to purchase or generate replacement power at
potentially higher prices to meet contractual obligations. Insurance,
warranties or performance guarantees may not cover any or all of the
lost revenues or increased expenses. Breakdown or failure of an
operating facility of NextEra Energy Resources, for example, may prevent
NextEra Energy Resources from performing under applicable power sales
agreements which, in some situations, could result in termination of the
agreement or subject NextEra Energy Resources to liability for
liquidated damages.
NextEra Energy’s competitive energy business is subject to
development and operating risks that could limit the revenue growth of
this business and have other negative effects on NextEra Energy’s
results of operations and financial condition.
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NextEra Energy conducts its competitive energy business through
NextEra Energy Resources. To operate successfully in the competitive
wholesale energy markets, NextEra Energy Resources must, among other
things, efficiently develop and operate its generating assets, procure
adequate supplies of fuel and associated transportation at acceptable
prices, successfully and timely complete project restructuring
activities, maintain the qualifying facility status of certain
projects and complete its energy deliveries in a timely manner. Its
ability to do so is subject to a variety of risks. In addition to
risks such as those identified elsewhere in these risk factors, risks
that specifically affect NextEra Energy Resources’ success in
competitive wholesale markets include:
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The ability of NextEra Energy Resources to develop electric power
generation facilities may be affected by factors beyond its
control, such as increased competition from other and new sources
of power generation, excess generation capacity and shifting
demand for power, legal and regulatory developments and general
economic conditions. Risks related to project siting, financing,
construction, permitting, governmental approvals and the
negotiation of project agreements may impede development
activities.
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There can be significant volatility in market prices for fuel,
electricity and renewable and other energy commodities. NextEra
Energy Resources’ inability or failure to hedge effectively its
assets or positions against changes in commodity prices, volumes,
interest rates, counterparty credit risk or other risk measures
could significantly impair NextEra Energy’s results of operations.
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A portion of NextEra Energy Resources’ power generation facilities
operate wholly or partially without long-term power purchase
agreements. As a result, power from these facilities is sold on
the spot market or on a short-term contractual basis, which may
increase the volatility of NextEra Energy’s results of operations.
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NextEra Energy Resources depends upon power transmission and
natural gas transportation facilities owned and operated by
others. If transmission or transportation of sufficient power or
natural gas is unavailable or disrupted, NextEra Energy Resources’
ability to sell and deliver its wholesale power or natural gas may
be limited.
NextEra Energy’s competitive energy business is dependent on
continued public policy support and governmental support for renewable
energy, particularly wind and solar projects.
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NextEra Energy’s competitive energy business, NextEra Energy
Resources, depends heavily on government policies that support
renewable energy and enhance the economic feasibility of developing
wind and solar energy projects. The federal government and several of
the states in which NextEra Energy Resources operates or into which it
sells power provide incentives that support the sale of energy from
renewable sources, such as wind and solar energy.
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The American Recovery and Reinvestment Act of 2009 includes, among
other things, provisions that allow companies building wind facilities
the option to choose among the following three investment cost
recovery mechanisms: (1) production tax credits which were extended
for wind facilities through 2012, (2) investment tax credits (ITCs) of
30% of the cost for qualifying wind facilities placed in service prior
to 2013, or (3) an election to receive a cash grant of 30% of the cost
of qualifying wind facilities placed in service in 2009 or 2010, or if
construction began prior to December 31, 2010 and the wind facility is
placed in service prior to 2013. An election to receive a cash grant
of 30%, in lieu of the 30% ITC also applies to the cost of qualifying
solar facilities placed in service in either 2009 or 2010, or if
construction began prior to December 31, 2010 and the solar facility
is placed in service prior to 2017. In order for NextEra Energy
Resources to continue to economically develop wind and solar energy
projects in the future, it will need to utilize the investment cost
recovery mechanisms currently available as well as requiring similar
public policy support in the future.
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In addition to federal financial incentives, NextEra Energy Resources
relies on state incentives that support the sale of energy generated
from renewable sources, such as state-adopted RPS which require
electricity providers in the state to meet a certain percentage of
their retail sales with energy from renewable sources. The legislation
creating these RPS requirements, however, usually grants the relevant
state public utility commission the ability to reduce electric supply
companies’ obligations to meet the RPS requirements in specified
circumstances. Any reduction or elimination of the RPS requirements
could result in less demand for generation from NextEra Energy
Resources’ wind and solar energy projects.
NextEra Energy and FPL are subject to credit and performance risk from
customers and suppliers.
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NextEra Energy and FPL are exposed to risks associated with the
creditworthiness and performance of their key customers and of their
key vendors under contracts for the supply of equipment, materials,
fuel and other goods and services required for their business
operations and for the construction and operation of, and for capital
improvements to, their facilities. Adverse conditions in the energy
industry or the general economy, as well as circumstances of
individual customers and vendors, may affect the ability of some
customers and vendors to perform as required under their contracts. If
any vendor fails to fulfill its contractual obligations, NextEra
Energy and FPL may need to make arrangements with other suppliers,
which could result in higher costs, untimely completion of power
generation facilities and other projects, and/or a disruption of their
operations. If the defaulting counterparty is in poor financial
condition, NextEra Energy and FPL may not be able to recover damages
for any contract breach.
NextEra Energy’s and FPL’s results of operations may continue to be
negatively affected by slower customer growth and customer usage in
FPL’s service area.
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NextEra Energy’s and FPL’s results of operations are affected by the
growth in customer accounts in FPL’s service area and by customer
usage, each of which directly influences the demand for electricity
and the need for additional power generation and power delivery
facilities at FPL. A lack of growth or slower growth in the number of
FPL’s retail customers or in non-weather related customer usage, such
as that which has occurred over the past several years, could
adversely affect FPL’s results of operations. Customer growth and
customer usage are affected by a number of factors outside the control
of NextEra Energy and FPL, such as mandated energy efficiency
measures, demand side management goals, and economic and demographic
conditions in Florida and elsewhere such as population, job and income
growth, housing starts and new business formation. As a result,
NextEra Energy and FPL may make, but not fully realize the anticipated
benefits from, significant investments and expenditures, which could
adversely affect their results of operations.
NextEra Energy’s and FPL’s financial position and results of
operations are subject to risks associated with weather conditions, such
as the impact of severe weather.
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NextEra Energy’s and FPL’s results of operations can be negatively
affected by changes in the weather. Weather conditions directly
influence the demand for electricity and natural gas, affect the price
of energy commodities, and can affect the production of electricity at
power generating facilities, including, but not limited to, wind,
solar and hydro-powered facilities. For example, the level of wind
resource affects the results of operations of wind generating
facilities. Since the levels of wind, solar and hydro resources are
variable and difficult to predict, NextEra Energy’s results of
operations for individual wind, solar and hydro facilities vary or may
vary significantly from period to period depending on the level of
available resources. To the extent that resources are not available at
planned levels, the returns from these facilities may be less than
expected.
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In addition, NextEra Energy’s and FPL’s financial position and results
of operations would be affected by the impact of severe weather, such
as hurricanes, floods and earthquakes, which can be destructive and
cause power outages and property damage, affect fuel supply, and
require NextEra Energy and FPL to incur additional costs to restore
service and repair damaged facilities. A disruption or failure of
electric generation, transmission or distribution systems or natural
gas transmission, storage or distribution systems in the event of a
hurricane, tornado, or other severe weather event could prevent FPL
and NextEra Energy Resources from operating their businesses in the
normal course. At FPL, recovery of these costs to restore service and
repair damaged facilities is subject to FPSC approval, and any
determination by the FPSC not to permit timely and full recovery of
the costs incurred would result in a negative financial impact on
NextEra Energy and FPL.
Disruptions, uncertainty or volatility in the credit and capital
markets may negatively affect NextEra Energy’s and FPL’s ability to fund
their liquidity and capital needs and to meet their growth objectives,
and can also adversely impact the results of operations and financial
condition of NextEra Energy and FPL and exert downward pressure on the
market price of NextEra Energy’s common stock.
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NextEra Energy and FPL rely on access to capital and credit markets as
significant sources of liquidity for capital requirements and other
operations not satisfied by operating cash flows. Disruptions,
uncertainty or volatility in those credit and capital markets, such as
conditions existing during periods in 2008 and 2009, could increase
NextEra Energy’s and FPL’s cost of capital. If NextEra Energy and FPL
are unable to access regularly the credit and capital markets on terms
that are reasonable, they may have to delay raising capital, issue
shorter-term securities and/or incur an unfavorable cost of capital,
which, in turn, could adversely affect their ability to grow their
businesses and could contribute to lower earnings and reduced
financial flexibility. The market price and trading volume of NextEra
Energy’s common stock are subject to fluctuations as a result of,
among other factors, general stock market conditions and changes in
market sentiment regarding the operations, business, growth prospects
and financing strategies of NextEra Energy and its subsidiaries.
NextEra Energy’s, FPL Group Capital Inc’s (FPL Group Capital) and
FPL’s inability to maintain their current credit ratings may adversely
affect NextEra Energy’s and FPL’s liquidity, limit the ability of
NextEra Energy and FPL to grow their businesses, and increase interest
costs, while the liquidity of the companies also could be impaired by
the inability of their credit providers to maintain their current credit
ratings or to fund their credit commitments.
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The inability of NextEra Energy, FPL Group Capital and FPL to maintain
their current credit ratings could affect their ability to raise
capital or obtain credit on favorable terms, which, in turn, could
impact NextEra Energy’s and FPL’s ability to grow their businesses,
service indebtedness or repay borrowings, and would likely increase
their interest costs. Some of the factors that can affect credit
ratings are cash flows, liquidity, the amount of debt as a component
of total capitalization, and political, legislative and regulatory
actions. NextEra Energy, FPL Group Capital and FPL cannot assure that
one or more of their ratings will not be lowered or withdrawn entirely
by a rating agency.
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The inability of NextEra Energy’s, FPL Group Capital’s and FPL’s
credit providers to maintain credit ratings acceptable under various
agreements, or to fund their credit commitments, could require NextEra
Energy, FPL Group Capital or FPL, among other things, to renegotiate
requirements in agreements, find an alternative credit provider with
acceptable credit ratings to meet funding requirements, or post cash
collateral.
The use of derivative contracts by NextEra Energy and FPL in the
normal course of business could result in financial losses or the
payment of margin cash collateral that could adversely affect their
results of operations or cash flows.
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NextEra Energy and FPL use derivative instruments, such as swaps,
options, futures and forwards, some of which are traded in the
over-the-counter markets or on exchanges, to manage their commodity
and financial market risks, and for NextEra Energy to engage in
trading and marketing activities. NextEra Energy could recognize
financial losses as a result of volatility in the market values of
these derivative instruments, or if a counterparty fails to perform or
make payments under these derivative instruments, and could suffer a
reduction in operating cash flows as a result of the requirement to
post margin cash collateral. In the absence of actively quoted market
prices and pricing information from external sources, the valuation of
these derivative instruments involves management’s judgment or use of
estimates. Although NextEra Energy and FPL execute transactions in
derivative instruments on either recognized exchanges or via the
over-the-counter markets, depending on the most favorable credit and
market execution factors, there is greater volatility and less
liquidity in transactions executed in over-the-counter markets and, as
a result, NextEra Energy and FPL may not be able to execute such
transactions in times of market volatility. As a result, changes in
the underlying assumptions or use of alternative valuation methods
could affect the reported fair value of these derivative instruments.
In addition, FPL’s use of such instruments could be subject to
prudence challenges and, if found imprudent, could result in
disallowances of cost recovery for such use by the FPSC.
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NextEra Energy provides full energy and capacity requirement services,
which include, for example, load-following services and various
ancillary services, primarily to distribution utilities to satisfy all
or a portion of such utilities’ power supply obligations to their
customers. The supply costs for these transactions may be affected by
a number of factors, including, but not limited to, events that may
occur after NextEra Energy has committed to supply power, such as
weather conditions, fluctuating prices for energy and ancillary
services, and the ability of the distribution utilities’ customers to
elect to receive service from competing suppliers. If the supply costs
are not favorable, NextEra Energy’s operating costs could increase and
result in the possibility of reduced earnings or incurring losses.
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NextEra Energy, through NextEra Energy Resources, is an active
participant in energy markets. The liquidity of regional energy
markets is an important factor in the company's ability to manage
risks in these operations. Over the past several years, other market
participants have ended or significantly reduced their activities as a
result of several factors, including, but not limited to, government
investigations, changes in market design, and deteriorating credit
quality. Liquidity in the energy markets can be adversely affected by
price volatility, restrictions on the availability of credit, and
other factors. As a result, reductions in liquidity may restrict the
ability of NextEra Energy Resources to manage its risks, and this
could negatively affect NextEra Energy’s financial results.
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NextEra Energy and FPL have hedging and trading procedures and
associated risk management tools, such as separate but complementary
financial, credit, operational, compliance and legal reporting
systems, internal controls, management review processes and other
mechanisms, that may not work as planned. Risk management tools and
metrics such as daily value at risk, earnings at risk, stop loss
limits and liquidity guidelines are based on historical price
movements. If price movements significantly or persistently deviate
from historical behavior, the risk management tools may not protect
against significant losses. As a result of these and other factors,
NextEra Energy and FPL cannot predict with precision the impact that
risk management decisions may have on their financial results.
NextEra Energy’s ability to successfully identify, complete and
integrate acquisitions is subject to significant risks, including, but
not limited to, the effect of increased competition for acquisitions
resulting from the consolidation of the power industry.
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NextEra Energy is likely to encounter significant competition for
acquisition opportunities that may become available as a result of the
consolidation of the power industry in general. In addition, NextEra
Energy may be unable to identify attractive acquisition opportunities
at favorable prices and to complete and integrate them successfully
and in a timely manner.
NextEra Energy may be unable to meet its ongoing and future financial
obligations and to pay dividends on its common stock if its subsidiaries
are unable to pay upstream dividends or repay funds to NextEra Energy or
if NextEra Energy is required to perform under guarantees of obligations
of its subsidiaries.
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NextEra Energy is a holding company and, as such, has no material
operations of its own. Substantially all of NextEra Energy’s
consolidated assets are held by subsidiaries. NextEra Energy’s ability
to meet its financial obligations, including, but not limited to, its
guarantees, and to pay dividends on its common stock is primarily
dependent on the subsidiaries’ net income and cash flows, which are
subject to the risks of their respective businesses, and their ability
to pay upstream dividends or to repay funds. The subsidiaries have
financial obligations, including, but not limited to, payment of debt
service, which they must satisfy before they can fund NextEra Energy.
NextEra Energy’s subsidiaries are separate legal entities and have no
obligation to provide NextEra Energy with funds for its payment
obligations. In addition, the dividend-paying ability of some of the
subsidiaries is limited by contractual restrictions which are
contained in outstanding financing agreements and which may be
included in future financing agreements. The future enactment of laws
or regulations also may prohibit or restrict the ability of NextEra
Energy's subsidiaries to pay upstream dividends or to repay funds.
NextEra Energy guarantees many of the obligations of its consolidated
subsidiaries, other than FPL, through guarantee agreements with FPL
Group Capital. These guarantees may require NextEra Energy to provide
substantial funds to its subsidiaries or their creditors or
counterparties at a time when NextEra Energy is in need of liquidity
to fund its own obligations or to pay dividends. In addition, in the
event of a subsidiary’s liquidation or reorganization, NextEra
Energy’s right to participate in a distribution of assets is subject
to the prior claims of the subsidiary’s creditors.
Changes in tax laws, as well as judgments and estimates used in the
determination of tax-related asset and liability amounts, could
adversely affect NextEra Energy’s and FPL’s results of operations,
financial condition and liquidity.
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NextEra Energy’s and FPL’s provision for income taxes and reporting of
tax-related assets and liabilities requires significant judgments and
the use of estimates. Amounts of tax-related assets and liabilities
involve judgments and estimates of the timing and probability of
recognition of income, deductions and tax credits, including, but not
limited to, estimates for potential adverse outcomes regarding tax
positions that have been taken and the ability to utilize tax benefit
carryforwards, such as net operating loss and tax credit
carryforwards. Actual income taxes could vary significantly from
estimated amounts due to the future impacts of, among other things,
changes in tax laws, regulations and interpretations, financial
condition and results of operations of NextEra Energy and its
subsidiaries, including FPL, as well as the resolution of audit issues
raised by taxing authorities. Ultimate resolution of income tax
matters may result in material adjustments to tax-related assets and
liabilities which could impact, either positively or negatively,
NextEra Energy’s and FPL’s results of operations, financial condition
and liquidity.
NextEra Energy’s and FPL’s retail businesses are subject to the risk
that sensitive customer data may be compromised, which could result in
an adverse impact to their reputation and/or the results of operations
of the retail business.
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NextEra Energy’s and FPL’s retail businesses require
access to sensitive customer data in the ordinary course of business.
NextEra Energy’s and FPL’s retail business may also need
to provide sensitive customer data to vendors and service providers
who require access to this information in order to provide services,
such as call center services, to the retail business. If a significant
breach occurred, the reputation of NextEra Energy’s and FPL’s retail
business could be adversely affected, customer confidence could be
diminished, customer information could be used for identity theft
purposes, or NextEra Energy’s and FPL’s retail business
could be subject to legal claims, any of which may have a negative
impact on the business and/or results of operations.
A failure in NextEra Energy’s and FPL’s operational systems or
infrastructure, or those of third parties, could impair their liquidity,
disrupt their businesses, result in the disclosure of confidential
information and cause losses.
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NextEra Energy’s and FPL’s businesses are highly dependent on their
ability to process and monitor, on a daily basis, a very large number
of transactions, many of which are highly complex, and cross numerous
and diverse markets. Due to the size, scope and geographical reach of
NextEra Energy’s and FPL’s businesses, and due to the complexity of
the process of power generation, transmission and distribution, the
development and maintenance of NextEra Energy’s and FPL’s operational
systems and infrastructure is challenging. NextEra Energy and FPL’s
operating systems and facilities may fail to operate properly or
become disabled as a result of events that are within their control,
such as operator error, and that are wholly or partially outside of
their control, such as a result of severe weather or terrorist
activities. Any such failure or disabling event could adversely affect
NextEra Energy’s and FPL’s ability to process transactions and provide
services.
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NextEra Energy and FPL also face the risks of operational failure,
termination, or capacity constraints of third parties providing
electric and gas transmission services, particularly those at NextEra
Energy Resources.
Threats of terrorism and catastrophic events that could result from
terrorism, cyber attacks, or individuals and/or groups attempting to
disrupt NextEra Energy’s and FPL’s businesses may impact the operations
of NextEra Energy and FPL in unpredictable ways and could adversely
affect NextEra Energy’s and FPL’s results of operations, financial
condition and liquidity.
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NextEra Energy and FPL are subject to the potentially adverse
operating and financial effects of terrorist acts and threats, as well
as cyber attacks and other disruptive activities of individuals or
groups. NextEra Energy’s and FPL’s generation, transmission and
distribution facilities, fuel storage facilities, information
technology systems and other infrastructure facilities and systems and
physical assets, could be direct targets of, or indirectly affected
by, such activities. Terrorist acts or other similar events could harm
NextEra Energy’s and FPL’s businesses by limiting their ability to
generate, purchase or transmit power and by delaying their development
and construction of new generating facilities and capital improvements
to existing facilities. These events, and governmental actions in
response, could result in a material decrease in revenues and
significant additional costs to repair and insure NextEra Energy’s and
FPL’s assets, and could adversely affect NextEra Energy’s and FPL’s
operations by contributing to disruption of supplies and markets for
natural gas, oil and other fuels. They could also impair NextEra
Energy’s and FPL’s ability to raise capital by contributing to
financial instability and lower economic activity.
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NextEra Energy and FPL operate in a highly regulated industry that
requires the continued operation of sophisticated information
technology systems and network infrastructure. Despite NextEra
Energy’s and FPL’s implementation of security measures, all of their
technology systems are vulnerable to disability, failures or
unauthorized access due to such activities. If NextEra Energy’s or
FPL’s technology systems were to fail or be breached and be unable to
recover in a timely way, NextEra Energy and FPL would be unable to
fulfill critical business functions, and sensitive confidential and
other data could be compromised, which could have a material adverse
effect on NextEra Energy’s and FPL’s results of operations, financial
condition and liquidity.
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The implementation of security guidelines and measures and maintenance
of insurance, to the extent available, addressing such activities
could increase costs. These types of events could materially adversely
affect NextEra Energy’s and FPL’s results of operations, financial
condition and liquidity. In addition, these types of events could
require significant management attention and resources, and could
adversely affect NextEra Energy’s and FPL’s reputation among customers
and the public.
The ability of NextEra Energy and FPL to obtain insurance and the
terms of any available insurance coverage could be adversely affected by
international, national, state or local events and company-specific
events, as well as the financial condition of insurers. NextEra Energy’s
and FPL’s insurance coverage may not provide protection against all
significant losses.
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The ability of NextEra Energy and FPL to obtain insurance, as well as
the cost and coverage of such insurance, could be affected by
developments affecting their businesses, as well as by international,
national, state or local events, as well as the financial condition of
insurers. Insurance coverage may not continue to be available at all
or at rates or on terms similar to those presently available to
NextEra Energy and FPL. A loss for which NextEra Energy and FPL are
not fully insured could materially and adversely affect their
financial condition and results of operations. NextEra Energy’s and
FPL’s insurance may not be sufficient or effective under all
circumstances and against all hazards or liabilities to which the
companies may be subject.
The businesses and results of operations of NextEra Energy and FPL
could be negatively affected by the lack of a qualified workforce, work
strikes or stoppages and increasing personnel costs.
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NextEra Energy and FPL may not be able effectively and profitably to
obtain new customers, or grow their customer base, service existing
customers and meet their other business plan goals if they do not
attract and retain a qualified workforce. The lack of a qualified
workforce, including, for example, the loss or retirement of key
executives and other employees, may adversely affect service and
productivity and contribute to higher training and safety costs. Over
the next several years, a significant portion of NextEra Energy’s and
FPL’s workforce, including, but not limited to, many workers with
specialized skills maintaining and servicing the nuclear generation
facilities and electrical infrastructure, will be eligible to retire.
Such highly skilled individuals may not be able to be replaced quickly
due to the technically complex work they perform. Personnel costs also
may increase due to inflationary or competitive pressures on payroll
and benefits costs and revised terms of collective bargaining
agreements with union employees. Employee strikes or work stoppages
could disrupt operations and lead to a loss of customers and revenue.
Poor market performance and other economic factors could affect
NextEra Energy’s and FPL’s nuclear decommissioning funds’ asset value or
defined benefit pension plan’s funded status, which may adversely affect
NextEra Energy’s and FPL’s liquidity and financial results.
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NextEra Energy and FPL are required to maintain decommissioning funds
to satisfy their future obligations to decommission their nuclear
power plants. In addition, NextEra Energy sponsors a qualified
noncontributory defined benefit pension plan for substantially all
employees of NextEra Energy and its subsidiaries. A decline in the
market value of the assets held in the decommissioning funds or in the
defined benefit pension plan due to poor investment performance or
other factors may increase the funding requirements for these
obligations. Moreover, NextEra Energy’s and FPL’s defined benefit
pension plan is sensitive to changes in interest rates, since, as
interest rates decrease the funding liabilities increase, potentially
increasing benefits costs and funding requirements. Any increase in
benefits costs or funding requirements may have an adverse effect on
NextEra Energy’s and FPL’s liquidity and financial results.
Increasing costs associated with health care plans may adversely
affect NextEra Energy's and FPL's results of operations, financial
position and liquidity.
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The costs of providing health care benefits to employees and retirees
have increased substantially in recent years. NextEra Energy and FPL
believe that their employee benefit costs, including costs related to
health care plans for employees and former employees, will continue to
rise. The increasing costs and funding requirements associated with
NextEra Energy's and FPL's health care plans may adversely affect the
companies' results of operations, financial position and liquidity.
The risks described herein are not the only risks facing NextEra Energy
and FPL. Additional risks and uncertainties also may materially
adversely affect NextEra Energy's or FPL's business, financial condition
and/or future operating results.
