Fiscal period ending 2025-12-31 versus 2024-12-31
— view filing on EDGAR →
Regulatory and operational risk expanded materially across multiple fronts, with no offsetting easing of comparable weight. The 2025 rate agreement, tightened IRS clean energy tax credit rules, new FERC/state transmission exposure, and OBBBA-related equipment cost escalation collectively represent a broad step-up in compliance burden and cost-recovery uncertainty. The lone easing — removal of XPLR subsidiary capital/dilution risk — is meaningful but insufficient to offset the breadth of worsening.
5 company-specific
· 1 eased/removed
· 3 common-mode
Company-specific changes
Revised
New 2025 rate agreement increases base revenue requests by $1.65B (2026-2027) versus prior $1.25B (2022-2023), higher authorized ROE (10.95% vs 10.60%), and introduces new tariffs for large-load customers, materially expanding regulatory obligations and cost recovery mechanisms.
FPL Electric Rate Regulation The FPSC sets rates at a level that is intended to allow the utility the opportunity to collect from retail customers total revenues (revenue requirements) equal to its…
New
New disclosure of substantial rate-regulated transmission and natural gas pipeline assets with FERC/state jurisdiction exposure, creating material regulatory and operational risk.
Table of Content s Regulated Operations Rate-Regulated Electric Transmission – As of December 31, 2025, certain entities within the NEER segment had ownership interests in rate-regulated electric…
Revised
New disclosure of Duane Arnold nuclear restart risks, including regulatory approval uncertainty, specialized component procurement challenges, and potential asset impairment.
Development and Operational Risks NEE's and FPL's business, financial condition, results of operations and prospects could suffer if NEE and FPL do not proceed with projects under development or are…
Revised
EMT now sources from "diverse set of suppliers and geographic markets" (new supply chain complexity). Beginning 2026, certain amounts recognized in base rates (new regulatory/accounting treatment) rather than pass-through.
FPL ENERGY MARKETING AND TRADING FPL's Energy Marketing & Trading division (EMT) supports the operation of FPL's generation fleet by procuring and managing fuel supplies and related energy…
Revised
Removed "cost recovery arrangements" language; now explicitly states costs may exceed revenues or fall below expected returns, broadening risk scope.
If supply costs necessary to provide NEER's full energy and capacity requirements services are not favorable, operating costs could increase and materially adversely affect NEE's business, financial…
Eased / removed
Removed
Removal of material capital access and dilution risk for XPLR subsidiary. Suggests improved financing position or reduced acquisition/growth uncertainty.
XPLR may not be able to access sources of capital on commercially reasonable terms, which would have a material adverse effect on its ability to consummate future acquisitions and on the value of…
Also disclosed — common-mode (Renewable energy tax credit policy, Tariffs trade policy, AI cybersecurity escalation)
Renewable energy tax credit policy
Revised
New IRS guidance (Aug 2025) tightens "begin construction" definition for clean energy tax credits, eliminating 5% spend test safe harbor. Materially restricts eligibility and increases compliance risk for wind/solar projects.
Table of Content s Energy Assets Generation Assets NEER's portfolio of generation assets primarily consists of generation facilities with long-term power sales agreements for substantially all of…
Tariffs trade policy
Revised
Added specific reference to OBBBA and related governmental actions; expanded consequences to include higher equipment costs and scarcity—concrete escalation of regulatory risk.
Table of Content s loss of investments in clean energy projects and reduced project returns, any of which could have a material adverse effect on NEE's and FPL's business, financial condition…
AI cybersecurity escalation
New
New disclosure of material AI-related risks: malfunction, cybersecurity threats, vendor dependencies, regulatory uncertainty, and operational reliance across critical functions.
The productivity increases and competitive advantages NEE and FPL plan to achieve through the use of artificial intelligence (AI) technologies may not be realized and the use of and reliance on AI…