Form 8-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

June 30, 2010

Date of Report (Date of earliest event reported)

 

 

 

Commission File
Number

  

Exact Name of Registrant as Specified in Its Charter;

State of Incorporation; Address of Principal Executive

Offices; and Telephone Number

   IRS Employer
Identification Number
1-16169   

EXELON CORPORATION

(a Pennsylvania corporation)

10 South Dearborn Street

P.O. Box 805379

Chicago, Illinois 60680-5379

(312) 394-7398

   23-2990190
1-1839   

COMMONWEALTH EDISON COMPANY

(an Illinois corporation)

440 South LaSalle Street

Chicago, Illinois 60605-1028

(312) 394-4321

   36-0938600

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Section 8 – Other Events

 

Item 8.01. Other Events.

On June 30, 2010, Commonwealth Edison Company (ComEd) requested Illinois Commerce Commission (ICC) approval to increase electric distribution rates beginning in June 2011 to allow the utility to continue modernizing its electric delivery system and recover the cost of substantial investments made since the last rate filing in 2007. ComEd has requested an annual increase of $396 million, which if granted, would increase the average residential customer’s monthly electric bill by approximately seven percent. Attached as Exhibits 99.1 and 99.2 to this Current Report on Form 8-K are ComEd’s press release regarding its filing with the ICC and the slide presentation summarizing the details of the electric distribution rate case.

Section 9 – Financial Statements and Exhibits

 

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

 

Exhibit No.

  

Description

99.1    Press Release
99.2    ComEd Electric Distribution Rate Case – Presentation Slides

* * * * *

This combined Form 8-K is being furnished separately by Exelon Corporation and ComEd (Registrants). Information contained herein relating to any individual Registrant has been furnished by such Registrant on its own behalf. No Registrant makes any representation as to information relating to any other Registrant.

This Current Report includes forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 that are subject to risks and uncertainties. The factors that could cause actual results to differ materially from these forward-looking statements include those discussed herein as well as those discussed in (1) Exelon’s 2009 Annual Report on Form 10-K in (a) ITEM 1A. Risk Factors, (b) ITEM 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations and (c) ITEM 8. Financial Statements and Supplementary Data: Note 18; (2) Exelon’s First Quarter 2010 Quarterly Report on Form 10-Q in (a) Part II, Other Information, ITEM 1A. Risk Factors, (b) Part 1, Financial Information, ITEM 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations and (c) Part I, Financial Information, ITEM 1. Financial Statements: Note 12; and (3) other factors discussed in filings with the Securities and Exchange Commission by the Registrants. Readers are cautioned not to place undue reliance on these forward-looking statements, which apply only as of the date of this Current Report. None of the Registrants undertakes any obligation to publicly release any revision to its forward-looking statements to reflect events or circumstances after the date of this Current Report.


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, each Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

EXELON CORPORATION
/s/    MATTHEW F. HILZINGER        
Matthew F. Hilzinger
Senior Vice President and Chief Financial Officer
Exelon Corporation
COMMONWEALTH EDISON COMPANY
/s/    JOSEPH R. TRPIK, JR.        
Joseph R. Trpik, Jr.
Senior Vice President, Chief Financial Officer and Treasurer
Commonwealth Edison Company

June 30, 2010


EXHIBIT INDEX

 

Exhibit No.

  

Description

99.1    Press Release
99.2    ComEd Electric Distribution Rate Case – Presentation Slides
Press Release

Exhibit 99.1

LOGO

June 30, 2010

Contact:

ComEd Media Relations

(312) 394-3500

ComEd Seeks Rate Increase for Essential Delivery System Modernization Efforts

First request in three years would increase average residential bills by approximately 7 percent

CHICAGO (June 30, 2010) ComEd filed today a rate increase request with the Illinois Commerce Commission (ICC) to allow the utility to continue modernizing its electric delivery system and recover the cost of substantial investments made since the last rate filing in 2007. The requested increase would raise the average $86 residential monthly bill by approximately 7% or less than $6 per month.

“ComEd is making key investments to ensure that our region has a modern and reliable electric system, which is critical to economic development in this state,” said Anne Pramaggiore, president and chief operating officer for ComEd. “This rate filing is a necessary step to continue our ongoing work to provide reliability that is in the top quartile nationally, while keeping rates for our customers comparable to other major metropolitan utilities.”

The ICC will determine any increase in rates after an 11-month proceeding with input from all stakeholders. If approved, new rates would not take effect until June 2011.

ComEd has a number of programs available to customers to offset the proposed rate increase. A monthly bill of $100 can be offset by 20 percent by participating in three ComEd programs: appliance recycling, central air conditioning cycling, and residential lighting programs. Also, ComEd’s assistance program fund continues to help eligible customers manage electric bills. By the end of 2010 ComEd will distribute approximately $10 million to assist consumers through this fund.

System modernization and increased reliability help support economic development.

ComEd is improving system performance by investing in new technologies that will reduce the length and number of outages, including mid-circuit reclosers which allow faster restoration after major storms; increased fire protection to minimize damage to equipment and reduce outages; and mobile dispatch technologies to manage crews more efficiently and communicate more effectively in the field. The company is also investing in innovative smart grid technologies such as smart meters to provide customers with tools to better manage energy use.

These investments are having a positive impact. ComEd now ranks in the top 25 percent among US electric utilities for system reliability. This helps the northern Illinois region offer a more attractive business environment that helps drive economic development.

ComEd’s infrastructure investments also provide a significant boost to the northern Illinois economy. According to a report by the Regional Economic Applications Laboratory at the University of Illinois, ComEd’s annual spending of $1.6 billion has a positive effect on the regional economy equivalent to approximately 20,400 jobs, $1 billion in associated salaries and wages and $3.2 billion in production activity.

 

- more -


# # #

Commonwealth Edison Company (ComEd) is a unit of Chicago-based Exelon Corporation (NYSE: EXC), one of the nation’s largest electric utilities with approximately 5.4 million customers. ComEd provides service to approximately 3.8 million customers across Northern Illinois, or 70 percent of the state’s population.

ComEd Electric Distribution Rate Case -- Presentation Slides
1
ComEd Electric Distribution Rate Case
June 30, 2010
Exhibit 99.2


2
Forward-Looking Statements
This presentation includes forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995, that are subject to risks and
uncertainties. The factors that could cause actual results to differ materially from these
forward-looking statements include those discussed herein as well as those discussed
in (1) Exelon’s 2009 Annual Report on Form 10-K in (a) ITEM 1A. Risk Factors, (b)
ITEM 7. Management’s Discussion and Analysis of Financial Condition and Results of
Operations and (c) ITEM 8. Financial Statements and Supplementary Data: Note 18;
(2) Exelon’s First Quarter 2010 Quarterly Report on Form 10-Q in (a) Part II, Other
Information, ITEM 1A.  Risk Factors, (b) Part 1, Financial Information, ITEM 2.
Management’s Discussion and Analysis of Financial Condition and Results of
Operations and (c) Part I, Financial Information, ITEM 1. Financial Statements: Note
12 and (3) other factors discussed in filings with the Securities and Exchange
Commission (SEC) by Exelon Corporation and Commonwealth Edison Company
(Companies). Readers are cautioned not to place undue reliance on these forward-
looking statements, which apply only as of the date of this presentation. None of the
Companies undertakes any obligation to publicly release any revision to its forward-
looking statements to reflect events or circumstances after the date of this
presentation.


3
Delivery Service
Rate Case Filing Summary
$396
Total
($2,337
million
revenue
requirement)
(6)
$45
Other adjustments
(5)
$22
Bad debt costs (resets base level of bad debt to 2009 test year)
$55
Pension
and
Post-retirement
health
care
expenses
(4)
$95
Capital Structure
(3)
: ROE –
11.50% /
Common
Equity
47.33%
/
ROR
8.99%
$179
(2)
Rate Base: $7,717 million
(1)
Requested Revenue 
Increase
($ in millions)
Primary drivers of rate request are new plant investment, pension/retiree
health care and cost of capital
(1)
Filed
June
30,
2010
based
on
2009
test
year,
including
pro
forma
capital
additions
through
June
2011,
and
certain
other
2010
pro
forma
adjustments.
(2)
Includes increased depreciation expense.
(3)
Requested capital structure does not include goodwill; ICC docket 07-0566 allowed 10.3% ROE, 45.04% equity ratio and 8.36% ROR.
ROE includes 0.40% adder for energy efficiency incentive.
(4)
Reflects 2010 expense levels, compared to 2007 expense levels allowed in last rate case.
(5)
Includes reductions to O&M and taxes other than income, offset by wage increases, normalization of storm costs and the Illinois Electric
Distribution Tax, other O&M increases, and decreases in load.
(6)
Net of Other Revenues.
Note:  ROE = Return on Equity, ROR = Return on Rate Base.


4
Alternative Regulation (Alt Reg) Proposal
ComEd plans to make a companion Alt Reg filing proposing to recover the costs of smart
grid and other projects outside of the traditional rate case process
9-month statutory process
The
proposal
includes
a
“flow-through
mechanism”
to
recover
capital
carrying
costs
and
incremental O&M, as incurred
Costs and investments will be rolled in to future rate cases, when they occur
Assured
savings
to
customers
$2
million
on
capped
O&M
costs
for
program
costs
(excluding CARE)
Includes
an
incentive/penalty
mechanism
for
performance
above
or
under
budget
Alt Reg Proposal is permitted under ICC section 9-244
$30
$15
Man-hole refurbishment and cable replacement
-
$10
Expanded funding for low income CARE programs
$5
-
Electric Vehicle Fleet Purchase
$55
$40
-
$10
-
$20
Accelerated Smart Grid Deployment
190,000 additional AMI Meters and Outage Management
System Interface
Accelerated deployment of Distribution Automation
Customer Applications
Capital
O&M
$ millions


5
Residential Rate Design –
Straight Fixed/Variable Proposal
Filing includes a proposal to gradually move more of residential
delivery bill to the fixed
customer charge, rather than usage-based kwh component through three step phase-in
Current rate design:  37% fixed / 63% variable split
Proposed:  60%/40% split in June 2011; 70%/30% in June 2012, and
80%/20% in June 2013
Mitigates impact of weather and load fluctuations due to weather
and economy
Rate design reflects current cost structure and sends appropriate price signals
Fixed costs to be collected via fixed charges (i.e. Customer Charge, Meter Charge)
Variable costs to be collected via variable charges (i.e. per kWh)
Eliminates economic disincentive to promote energy efficiency
Proposed Straight Fixed/Variable rate design is consistent with ICC
orders in other recent cases


6
3.82
4.73
7.44
7.03
0.73
0.73
0.65
0.60
Residential Rate Impacts 2010 to 2011
(1)
(1)
Reflects change in distribution rates only.  Assumes Energy, Transmission and all other components remain constant as of June 2010,
except as noted above.
(2)
"All Other" includes impact of riders that are applicable to residential bills.
Unit rates: cents / kWh
All Other
(2)
Transmission
Energy
Distribution
Approximately
4% increase
July 1, 2010
July 1, 2011
Transmission: Subject to FERC
formula rate annual update.
Comments
Energy: Reflects reduced PJM capacity
price that PJM has published for the
June
2011
May
2012
planning
period.  Energy component may vary.
Distribution: As proposed.
12.63
13.09
Note:  Amounts may not add due to rounding.
Proposed residential rate impact of 7% will be mitigated by impact
of lower capacity prices resulting in an increase of 4%


7
Delivery Service Rate Case Filing –
Tentative Schedule
Delivery
Service
Rate
Case
Filed
June
30,
2010
Alt
Reg
Proposal
Filed
August
/
September
2010
Intervenor
and
Rebuttal
Testimony
4Q
2010
Hearings
December
2010
/
January
2011
Administrative
Law
Judge
Order
February
2011
Final
Order
Expected
May
2011
New
Rates
Effective
June
2011
Note:
Dates
are
based
on
typical
approach
to
rate
cases
but
the
Illinois
Commerce
Commission
(ICC)
will
set
the
actual
schedule,
which
is
expected
in
3Q
2010.