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Oct.
22, 2003
FPL Energy announces agreement to purchase 130 megawatts of wind assets in California
JUNO BEACH, Fla. -- FPL Energy, LLC, a subsidiary of FPL
Group, Inc. (NYSE: FPL) announced today that it has entered into
definitive purchase and sale agreements to acquire 130 megawatts
(MW) of California wind power generation projects from Enron for
$80 million.
Under terms of the agreements, FPL Energy and certain FPL Energy
affiliates will purchase the assets of the 40-MW Cabazon and the
16-MW Green Power projects near Palm Springs and the 18-MW ZWHC
and the 7-MW Victory Garden Repower projects near Tehachapi. In
addition, the company has agreed to purchase Enron’s 50 percent
ownership interest in the 77-MW Sky River and the 22-MW Victory
Garden Phase IV projects. FPL Energy currently owns 50 percent of
both Sky River and Victory Garden Phase IV projects.
Closing of the agreements is subject to acceptance at a bankruptcy
auction currently anticipated to occur in early December and regulatory
approvals. The agreements require, under certain circumstances,
that FPL Energy be paid a break-up fee of up to $3 million in the
event it is not the confirmed buyer on all the agreements.
“The addition of these wind projects will complement our
existing California assets and further strengthen our industry leading
position in wind,” said Jim Robo, president of FPL Energy.
With the exception of Green Power Partners I LLC, all of these
projects sell 100 percent of their output to Southern California
Edison under long-term contracts. FPL Energy is targeting to close
the acquisition by early 2004.
FPL Energy is a leading unregulated wholesale generator of clean
energy, including natural gas, wind, solar, hydroelectric and nuclear.
It is the nation’s leader in wind energy with 37 wind facilities
in operation in 14 states. FPL Energy has a generating portfolio
of more than 10,000 net megawatts in operation with more than 2,000
megawatts coming from clean and renewable wind energy. It is a subsidiary
of FPL Group, one of the nation’s largest providers of electricity-related
services with annual revenues of more than $8 billion. FPL Group’s
principal subsidiary is Florida Power & Light Company, one of
the nation’s largest electric utilities, serving more than
4 million customer accounts in Florida. Additional information is
available on the Internet at www.FPLEnergy.com,
www.FPLGroup.com and 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), FPL Group, Inc. (FPL
Group) and Florida Power & Light Company (FPL) are hereby filing
cautionary statements identifying important factors that could cause
FPL Group’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 FPL Group
and FPL in this combined Form 10-Q, in presentations, in response
to questions or otherwise. Any statements that express, or involve
discussions as to expectations, beliefs, plans, objectives, assumptions
or future events or performance (often, but not always, through
the use of words or phrases such as will likely result, are expected
to, will continue, is anticipated, believe, could, estimated, may,
plan, potential, projection, target, outlook) 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 cause
FPL Group’s or FPL’s actual results to differ materially
from those contained in forward-looking statements made by or on
behalf of FPL Group and FPL.
Any forward-looking statement speaks only as of the date on which
such statement is made, and FPL Group and FPL 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. 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 in any forward-looking statement.
The following are some important factors that could have a significant
impact on FPL Group’s and FPL’s operations and financial
results, and could cause FPL Group’s and FPL’s actual
results or outcomes to differ materially from those discussed in
the forward-looking statements:
- FPL Group and FPL are subject to changes in laws or regulations,
including the Public Utility Regulatory Policies Act of 1978,
as amended (PURPA), and the Public Utility Holding Company Act
of 1935, as amended (Holding Company Act), changing governmental
policies and regulatory actions, including those of the Federal
Energy Regulatory Commission (FERC), the Florida Public Service
Commission (FPSC) and the utility commissions of other states
in which FPL Group has operations, and the U.S. Nuclear Regulatory
Commission (NRC), with respect to, among other things, allowed
rates of return, industry and rate structure, operation of nuclear
power facilities, operation and construction of plant facilities,
operation and construction of transmission facilities, acquisition,
disposal, depreciation and amortization of assets and facilities,
recovery of fuel and purchased power costs, decommissioning costs,
return on common equity and equity ratio limits, and present or
prospective wholesale and retail competition (including but not
limited to retail wheeling and transmission costs). The FPSC has
the authority to disallow recovery of costs that it considers
excessive or imprudently incurred.
- The regulatory process generally restricts FPL’s ability
to grow earnings and does not provide any assurance as to achievement
of earnings levels.
- FPL Group and FPL are subject to extensive federal, state and
local environmental statutes, rules and regulations relating to
air quality, water quality, waste management, natural resources
and health and safety that could, among other things, restrict
or limit the output of certain facilities or the use of certain
fuels required for the production of electricity and/or 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.
- FPL Group and FPL operate in a changing market environment
influenced by various legislative and regulatory initiatives regarding
deregulation, regulation or restructuring of the energy industry,
including deregulation of the production and sale of electricity.
FPL Group and its subsidiaries will need to adapt to these changes
and may face increasing competitive pressure.
- The operation of power generation facilities involves many
risks, including start up risks, breakdown or failure of equipment,
transmission lines or pipelines, use of new technology, the dependence
on a specific fuel source or the impact of unusual or adverse
weather conditions (including natural disasters such as hurricanes),
as well as the risk of performance below expected levels of output
or efficiency. This could result in lost revenues and/or increased
expenses. Insurance, warranties or performance guarantees may
not cover any or all of the lost revenues or increased expenses,
including the cost of replacement power. In addition to these
risks, FPL Group's and FPL's nuclear units face certain risks
that are unique to the nuclear industry including the ability
to dispose of spent nuclear fuel, as well as additional regulatory
actions up to and including shutdown of the units stemming from
public safety concerns, whether at FPL Group's and FPL's plants,
or at the plants of other nuclear operators. Breakdown or failure
of an FPL Energy, LLC (FPL Energy) operating facility may prevent
the facility from performing under applicable power sales agreements
which, in certain situations, could result in termination of the
agreement or incurring a liability for liquidated damages.
- FPL Group's and FPL's ability to successfully and timely complete
their power generation facilities currently under construction,
those projects yet to begin construction or capital improvements
to existing facilities is contingent upon many variables and subject
to substantial risks. Should any such efforts be unsuccessful,
FPL Group and FPL could be subject to additional costs, termination
payments under committed contracts and/or the write-off of their
investment in the project or improvement.
- FPL Group and FPL use derivative instruments, such as swaps,
options, futures and forwards to manage their commodity and financial
market risks, and to a lesser extent, engage in limited trading
activities. FPL Group could recognize financial losses as a result
of volatility in the market values of these contracts, or if a
counterparty fails to perform. 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. As a result, changes in the underlying
assumptions or use of alternative valuation methods could affect
the value of the reported fair value of these contracts. In addition,
FPL's use of such instruments could be subject to prudency challenges
by the FPSC and if found imprudent, cost disallowance.
- There are other risks associated with FPL Group's non-rate
regulated businesses, particularly FPL Energy. In addition to
risks discussed elsewhere, risk factors specifically affecting
FPL Energy's success in competitive wholesale markets include
the ability to efficiently develop and operate generating assets,
the successful and timely completion of project restructuring
activities, the price and supply of fuel, transmission constraints,
competition from new sources of generation, excess generation
capacity and demand for power. There can be significant volatility
in market prices for fuel and electricity, and there are other
financial, counterparty and market risks that are beyond the control
of FPL Energy. FPL Energy's inability or failure to effectively
hedge its assets or positions against changes in commodity prices,
interest rates, counterparty credit risk or other risk measures
could significantly impair its future financial results. In keeping
with industry trends, a portion of FPL Energy's 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 affect the volatility of FPL Group's financial results.
In addition, FPL Energy's business depends upon transmission facilities
owned and operated by others; if transmission is disrupted or
capacity is inadequate or unavailable, FPL Energy's ability to
sell and deliver its wholesale power may be limited.
- FPL Group is likely to encounter significant competition for
acquisition opportunities that may become available as a result
of the consolidation of the power industry. In addition, FPL Group
may be unable to identify attractive acquisition opportunities
at favorable prices and to successfully and timely complete and
integrate them.
- FPL Group and FPL rely on access to capital markets as a significant
source of liquidity for capital requirements not satisfied by
operating cash flows. The inability of FPL Group and FPL to maintain
their current credit ratings could affect their ability to raise
capital on favorable terms, particularly during times of uncertainty
in the capital markets which, in turn, could impact FPL Group's
and FPL's ability to grow their businesses and would likely increase
interest costs.
- FPL Group's and FPL's results of operations can be affected
by changes in the weather. Weather conditions directly influence
the demand for electricity and natural gas and affect the price
of energy commodities, and can affect the production of electricity
at wind and hydro-powered facilities. In addition, severe weather
can be destructive, causing outages and/or property damage, which
could require additional costs to be incurred.
- FPL Group and FPL are subject to costs and other effects of
legal and administrative proceedings, settlements, investigations
and claims; as well as the effect of new, or changes in, tax rates
or policies, rates of inflation, accounting standards, securities
laws or corporate governance requirements.
- FPL Group and FPL are subject to direct and indirect effects
of terrorist threats and activities. Generation and transmission
facilities, in general, have been identified as potential targets.
The effects of terrorist threats and activities include, among
other things, terrorist actions or responses to such actions or
threats, the inability to generate, purchase or transmit power,
the risk of a significant slowdown in growth or a decline in the
U.S. economy, delay in economic recovery in the U.S., and the
increased cost and adequacy of security and insurance.
- FPL Group's and FPL's ability to obtain insurance, and the
cost of and coverage provided by such insurance, could be affected
by national events as well as company-specific events.
FPL Group and FPL are subject to employee workforce factors, including
loss or retirement of key executives, availability of qualified
personnel, collective bargaining agreements with union employees
or work stoppage.
The issues and associated risks and uncertainties described above
are not the only ones FPL Group and FPL may face. Additional issues
may arise or become material as the energy industry evolves. The
risks and uncertainties associated with these additional issues
could impair FPL Group's and FPL's businesses in the future.
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