Collective Mining (CNL) Risk Analysis
Risk Overview Q4, 2019
Source: the company's latest filing for the period ended Dec 31, 2019, filed Mar 03, 2020
Risk Change Over Time
No filing history is available.
- Accounting & Financial Operations - Risk 1The Registrants have identified material weaknesses in internal control over financial reporting. If these material weaknesses are not remediated, they could result in material misstatements in the Registrants' financial statements.
A material weakness is a deficiency, or combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of a company's annual or interim financial statements will not be prevented or detected on a timely basis. As disclosed in Part II, Item 9A, "Controls and Procedures," the Registrants' identified a material weakness related to the design and operation of certain information technology general controls for information systems that are relevant to the preparation of the Registrants' financial statements. The Registrants' also identified a material weakness in the design and operating effectiveness of controls over the completeness and accuracy of billed and unbilled revenue from contracts with customers. As a result of these material weaknesses, management concluded that the Registrants did not maintain effective disclosure controls and procedures as of December 31, 2019. The Registrants have begun taking steps to remediate the underlying cause of these material weaknesses, but the Registrants cannot assure that the remediation of the material weaknesses will be successful or that additional material weaknesses in internal controls will not be identified in the future. Any failure to maintain or implement required new or improved controls, or any difficulties encountered in implementation, could result in additional material weaknesses, or could result in material misstatements in the Registrants' financial statements. These misstatements could result in restatements of the Registrants' financial statements, failure to meet reporting obligations, or cause stakeholders to lose confidence in reported financial information of the Registrants.
- Debt & Financing - Risk 2Cleco may be required to provide credit support to its counterparties, which could have a material adverse effect on the Registrants' liquidity ratios and liquidity.
Cleco may guarantee the performance of all or some of its commercial transaction obligations and may also be required to provide counterparty credit support to secure all or part of those obligations. Downgrades in Cleco's credit quality or changes in the market prices of transaction-related energy commodities could increase the collateral required to be on deposit with the counterparty or clearing house. The required credit support or increase in credit support could have a material adverse effect on the Registrants' liquidity ratios and liquidity.
- Debt & Financing - Risk 3Changes in the method of determining LIBOR, or the replacement of LIBOR with an alternative reference rate, may adversely affect interest expense related to outstanding debt.
Amounts drawn under Cleco's current debt agreements may bear interest at rates based on LIBOR. On July 27, 2017, the Financial Conduct Authority in the United Kingdom announced that it would phase out LIBOR as a benchmark by the end of 2021. It is unclear whether new methods of calculating LIBOR will be established such that it continues to exist after 2021. In addition, the overall financial markets may be disrupted as a result of the phase-out or replacement of LIBOR. Uncertainty as to the nature of such potential phase-out and alternative reference rates or disruption in the financial market could have a material adverse effect on the Registrants' financial condition, results of operations, and cash flows.
Risk Highlights Q4, 2019
Risk Word Cloud
Risk Factors Full Breakdown - Total Risks 39
- Accounting & Financial Operations - Risk 1AddedThe Registrants have identified material weaknesses in internal control over financial reporting. If these material weaknesses are not remediated, they could result in material misstatements in the Registrants' financial statements.
A material weakness is a deficiency, or combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of a company's annual or interim financial statements will not be prevented or detected on a timely basis. As disclosed in Part II, Item 9A, "Controls and Procedures," the Registrants' identified a material weakness related to the design and operation of certain information technology general controls for information systems that are relevant to the preparation of the Registrants' financial statements. The Registrants' also identified a material weakness in the design and operating effectiveness of controls over the completeness and accuracy of billed and unbilled revenue from contracts with customers. As a result of these material weaknesses, management concluded that the Registrants did not maintain effective disclosure controls and procedures as of December 31, 2019. The Registrants have begun taking steps to remediate the underlying cause of these material weaknesses, but the Registrants cannot assure that the remediation of the material weaknesses will be successful or that additional material weaknesses in internal controls will not be identified in the future. Any failure to maintain or implement required new or improved controls, or any difficulties encountered in implementation, could result in additional material weaknesses, or could result in material misstatements in the Registrants' financial statements. These misstatements could result in restatements of the Registrants' financial statements, failure to meet reporting obligations, or cause stakeholders to lose confidence in reported financial information of the Registrants.
- Accounting & Financial Operations - Risk 2ChangedThe accounting treatment for Cleco Cajun's hedging activities may increase the volatility in Cleco's financial results.
Cleco Cajun engages in transactions to economically hedge forward commodity market price risk exposure utilizing both physical and financial commodity purchases and sales commitments. Some of these contracts are accounted for as derivatives, which require Cleco to record the fair value of the commitment on the balance sheet with changes in the fair value of all derivatives reflected within current period earnings. As a result, Cleco is unable to accurately predict the effect that these transactions may have on its results of operations, financial condition, or cash flows.
- Accounting & Financial Operations - Risk 3The LPSC conducts fuel audits that could result in Cleco Power making substantial refunds of previously recorded revenue.
Generally, Cleco Power's cost of fuel used for electric generation and cost of purchased power are recovered through the LPSC-established FAC, which enables Cleco Power to pass on to its customers substantially all such charges. Recovery of FAC costs is subject to periodic fuel audits by the LPSC. The LPSC FAC General Order issued in November 1997, in Docket No. U-21497 provides that an audit will be performed at least every other year. Cleco Power has FAC filings for January 2018 and thereafter that remain subject to audit. Management is unable to predict or give a reasonable estimate of the possible range of the disallowance, if any, related to these filings. If a disallowance of fuel costs is ordered resulting in a refund to Cleco Power's customers, any such refund could have a material adverse effect on the results of operations, financial condition, or cash flows of the Registrants.
- Accounting & Financial Operations - Risk 4FERC conducts audits that could result in Cleco Power making refunds of previously recorded revenue.
Generally, Cleco Power records wholesale transmission revenue through approved formula rates, Attachment O of the MISO tariff, and certain grandfathered agreements. The calculation of the rate formulas, as well as FERC accounting and reporting requirements, are subject to periodic audits by FERC. In March 2018, the Division of Audits and Accounting within the Office of Enforcement of FERC initiated an audit of Cleco Power for the period of January 1, 2014, through June 30, 2019. On September 27, 2019, Cleco Power received the final audit report, which indicated 12 findings of noncompliance with a combination of FERC accounting and reporting requirements and computation of revenue requirements along with 59 recommendations associated with the audit period. Cleco Power submitted a plan for implementing the audit recommendations on October 28, 2019. Cleco Power also submitted the refund analysis on November 7, 2019, which resulted in an estimated refund of $3.5 million related to the FERC audit findings, pending final assessment by the FERC Division of Audits and Accounting. Management is unable to predict the timing of future audits and whether or not the outcome of such future audits will have a material adverse effect on the results of operations, financial condition, or cash flows of the Registrants.
- Accounting & Financial Operations - Risk 5Adverse capital market performance could result in reductions in the fair value of benefit plan assets and increase the Registrants' liabilities related to such plans. Sustained declines in the fair value of the plan's assets or sustained increases in plan liabilities could result in significant increases in funding requirements, which could adversely affect the Registrants' liquidity and results of operations.
Performance of the capital markets affects the value of assets that are held in trust to satisfy future obligations under Cleco's defined benefit pension plan. Sustained adverse market performance could result in lower rates of return for these assets than projected by Cleco and could increase Cleco's funding requirements related to the pension plan. Additionally, changes in interest rates affect the present value of Cleco's liabilities under the pension plan. Adverse changes in assumptions or adverse actual events could cause additional minimum contributions.
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