Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an
Off-Balance Sheet Arrangement of a Registrant
In 2008, Florida Power & Light Company (FPL) entered into a reclaimed water
agreement with Palm Beach County (PBC) to provide FPL's West County Energy
Center with reclaimed water for cooling purposes beginning in January
2011. Under the reclaimed water agreement, FPL is to construct a reclaimed water
system that PBC will legally own and operate. The reclaimed water agreement also
requires PBC to issue bonds for the purpose of paying the costs associated with
the construction of the reclaimed water system, including reimbursing FPL for
costs it incurred prior to issuance of the bonds. On July 22, 2009, PBC issued
approximately $68 million principal amount of Palm Beach County, Florida Water
and Sewer Revenue Bonds, Series 2009 with coupon rates ranging from 4.000% to
5.250% and maturity dates ranging from 2011 to 2040. Under the reclaimed water
agreement, FPL will pay PBC an operating fee for the reclaimed water delivered,
which will be used by PBC to, among other things, service the principal of and
interest on the bonds. The portion of the operating fee related to PBC's
servicing principal of and interest on the bonds will be paid by FPL annually as
to principal and semi-annually as to interest, beginning October 2011, until
final maturity of the bonds. FPL does not have a direct obligation to the
bondholders; however, if FPL or PBC were to terminate the reclaimed water
agreement, FPL would be obligated to continue to pay the portion of the
operating fee intended to reimburse PBC for costs related to issuance of the
bonds, including amounts to be used by PBC to service the principal of and
interest on the bonds. For financial reporting purposes, FPL is considered the
owner of the reclaimed water system and FPL and FPL Group will recognize an
asset (electric utility plant in service and other property) as costs are
incurred and a liability (long-term debt) as costs are reimbursed to FPL.