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Regulatory assets

What Are Regulatory Assets?

Regulatory assets represent incurred costs that, due to the actions of a regulator, are expected to be recovered from customers through future rates charged by a regulated entity. These assets are a distinctive feature within Accounting Standards Codification (ASC) for Public utilities and other entities operating under a rate-regulated environment. Unlike typical assets that provide future economic benefits inherently, regulatory assets derive their value from the probable future actions of a regulatory body, such as a utility commission, allowing the company to charge higher prices to recoup specific past expenditures. This specialized accounting treatment falls under the broader category of Accounting for Regulated Operations.

History and Origin

The concept of regulatory assets emerged from the unique economic environment of rate-regulated industries, primarily public utilities. These industries often operate as monopolies or near-monopolies and are subject to extensive government oversight to ensure fair pricing and service for consumers. Recognizing the distinct nature of their operations, the Financial Accounting Standards Board (FASB) issued FASB Statement No. 71, "Accounting for the Effects of Certain Types of Regulation," in December 1982. This statement provided specific guidance for how regulated enterprises should account for the economic effects of rate-making, particularly when regulators permit costs to be recovered in a period different from when they were incurred.10,9

Before this, standard accounting principles might have required certain costs to be expensed immediately, leading to volatile financial results for regulated entities that could not immediately pass these costs onto customers. Statement No. 71 allowed companies, under specific conditions, to capitalize these costs as regulatory assets on their Balance sheet, thus reflecting the regulator's commitment to future recovery. This framework ensures that the Financial statements of regulated entities accurately portray the financial impact of the rate-making process.8,7

Key Takeaways

  • Regulatory assets are capitalized costs that are probable of being recovered from customers in future rates due to regulatory actions.
  • They are primarily found on the balance sheets of rate-regulated entities, such as electric, gas, and water utilities.
  • Their recognition is governed by specific accounting standards, notably ASC 980 (which superseded FASB Statement No. 71).
  • These assets arise when a regulator assures future Revenue will be provided to cover previously incurred Expenses or obligations.
  • The existence and recoverability of regulatory assets depend heavily on the regulatory environment and specific regulatory orders.

Interpreting Regulatory Assets

Interpreting regulatory assets requires an understanding of the regulatory compact, which is an implicit or explicit agreement between a regulated entity and its regulator. Under this compact, the utility commits to providing reliable service at reasonable rates, and in return, the regulator allows the utility to recover its prudently incurred costs and earn a reasonable Return on investment.

A significant amount of regulatory assets on a company's balance sheet indicates that the company has incurred substantial costs that its regulator has deemed recoverable in the future. This generally suggests a stable regulatory environment where the regulator is committed to allowing the utility to recoup its investments and operating expenses. Investors and analysts often scrutinize these assets to assess the financial health and stability of regulated entities, as their value is tied directly to future rate-setting decisions. Conversely, a regulator's decision not to allow the recovery of certain costs could lead to an impairment or write-off of these regulatory assets, negatively impacting the utility’s profitability.

Hypothetical Example

Consider "Everflow Water Co.," a regulated water utility. In a given year, Everflow incurs an unexpected cost of $5 million for a major pipe repair after a severe storm. This cost is beyond the typical operating expenses built into their current rates. Without regulatory action, Everflow would be required to recognize this $5 million as an immediate expense, significantly impacting its net income for the period.

However, Everflow's state utility commission, which sets its rates, has a history of allowing utilities to recover such extraordinary storm-related costs. Everflow applies to the commission for permission to include this $5 million in its future Rate base and recover it from customers over the next five years. Given the high probability of recovery based on past precedents, Everflow is permitted to recognize a $5 million regulatory asset on its balance sheet. Instead of expensing the $5 million immediately, it capitalizes it as a regulatory asset and will then Amortization this asset over the five-year recovery period as it collects the funds through customer rates. This treatment smooths out the financial impact and aligns the accounting recognition with the economic reality of future cost recovery.

Practical Applications

Regulatory assets are fundamental to the financial reporting and economic operation of regulated industries, especially Public utilities such as electric, gas, and water providers. They appear on the balance sheets of these companies, reflecting costs that would ordinarily be expensed but are deferred for future recovery through rates. Common examples include deferred storm damage costs, costs associated with certain environmental cleanups, or unrecovered fuel costs, where the regulator has explicitly indicated these costs will be passed on to customers in later periods.,
6
5These assets are critical for determining a utility's Rate base, which is the total value of the property on which the utility is permitted to earn a specified rate of return. Regulators, such as the Federal Energy Regulatory Commission (FERC) in the United States, oversee the wholesale transmission of electricity, natural gas, and oil, influencing the costs that can be deferred and recovered through rates.,,4 3T2he ability to create regulatory assets allows utilities to undertake necessary investments and manage unforeseen costs without immediate adverse impacts on their financial results, as long as the regulator provides assurance of future recovery.

Limitations and Criticisms

While regulatory assets provide a mechanism for regulated entities to match the accounting recognition of costs with their recovery through rates, they are not without limitations or criticisms. A primary concern is their dependence on future regulatory decisions. If a regulator reverses course or a regulatory environment becomes less predictable, the probability of recovery for existing regulatory assets might decrease, necessitating an impairment charge. Such impairments can significantly impact a company’s financial health, as evidenced by concerns over utility cost recovery practices.

Cr1itics also argue that the existence of significant regulatory assets can obscure the true underlying financial performance of a utility. Costs that might signal inefficiency or poor management in a competitive market can be deferred and recovered from customers in a regulated environment, reducing the immediate incentive for operational improvements. Furthermore, the application of special accounting for regulated operations (ASC 980) has been a point of discussion, particularly in the context of convergence with international accounting standards, where similar comprehensive guidance for rate-regulated activities does not exist. This can lead to complexities in financial statement comparability for global investors.

Regulatory Assets vs. Regulatory Liabilities

The concepts of regulatory assets and Regulatory liabilities are two sides of the same coin within Accounting for Regulated Operations. Both arise from the unique rate-making process of regulated industries, where the timing of revenue collection may differ from the timing of cost incurrence.

Regulatory assets represent amounts that have been incurred as costs but have not yet been recovered from customers through rates, with the expectation that they will be recovered in the future. They arise when a regulator assures future Revenue will be provided for costs already sustained.

Conversely, regulatory liabilities represent amounts that have been collected from customers through current rates but relate to costs that are expected to be incurred in the future, or credits that are owed to customers in the future. They arise when a regulator requires a utility to return current receipts to customers or when a future cost reduction is probable.

Both classifications appear on a company's Balance sheet, with regulatory assets increasing total assets and regulatory liabilities increasing total liabilities. Their existence underscores the fundamental difference in accounting for regulated entities compared to non-regulated businesses, primarily due to the "regulatory compact" that governs their operations.

FAQs

What types of companies typically have regulatory assets?

Regulatory assets are predominantly found on the balance sheets of Public utilities, such as electric, gas, water, and sometimes telecommunication companies. These companies operate in rate-regulated environments where government bodies determine the prices they can charge customers.

How do regulatory assets impact a company's financial statements?

Regulatory assets are recorded on the asset side of a company's Balance sheet. They allow companies to defer the recognition of certain Expenses that have been incurred but are expected to be recovered through future rates. This generally results in higher reported assets and, in the short term, can lead to higher net income than if the costs were expensed immediately.

Are regulatory assets always guaranteed to be recovered?

No. While regulatory assets are recognized based on the probability of future recovery, this is not a guarantee. The recoverability of these assets depends on continued favorable regulatory decisions. Changes in regulatory policy, economic conditions, or unforeseen events can lead to a regulator disallowing cost recovery, which would result in the impairment or write-off of the regulatory asset.

How does the concept of "regulatory compact" relate to regulatory assets?

The "regulatory compact" is the underlying principle that permits the existence of regulatory assets. It's an agreement where a regulated entity provides essential services, and in exchange, the regulator ensures the company can recover its prudently incurred costs and earn a reasonable Return on investment. Regulatory assets are a direct manifestation of this compact, allowing for the deferral of costs that the regulator has committed to recovering.