JEA, FL -- Moody's places JEA, FL's Water and Sewer and District Energy ratings on review for upgrade

Rating Action: Moody's places JEA, FL's Water and Sewer and District Energy ratings on review for upgrade

Global Credit Research - 10 Aug 2020

New York, August 10, 2020 -- Moody's Investors Service has placed JEA Water and Sewer Enterprise's A2 ratings and JEA District Energy System's A3 rating on review for upgrade.

RATINGS RATIONALE

The review is prompted by the announced settlement agreement among Municipal Electric Authority of Georgia (MEAG Power), JEA, FL - Electric Enterprise, and the City of Jacksonville on July 30th. The settlement is intended to resolve all disputed issues relating to the new Units 3 and 4 of the Alvin W. Vogtle Electric Generating Plant ("Plant Vogtle"), and the Amended & Restated Power Purchase Agreement dated as of December 31, 2014 (the Project J PPA).

Per the settlement terms, JEA and the City of Jacksonville are agreeing to dismiss their civil action against MEAG Power currently pending in U.S. District Court, and MEAG Power is agreeing to dismiss its lawsuits against JEA currently pending in U.S. District Court and the U.S. Court of Appeals. JEA's civil action was claiming that MEAG was negligent in its performance under the Project J PPA, while MEAG Power was claiming that JEA breached its Project J PPA with MEAG Power. Additionally, under the settlement terms, JEA, the City of Jacksonville and MEAG Power are agreeing to accept without challenge or appeal the June 17, 2020 order entered by a judge in the U.S. U.S. District Court, including without limitation the judge's determination that the Project J PPA is valid and enforceable. Terms of the settlement also include certain provisions that will create additional future value to both JEA and MEAG Power.

The review is also driven by governance considerations. Management's approval of the settlement agreement is credit positive for the City and JEA because successfully implementing the settlement terms will eliminate a significant credit negative overhang. The lawsuits between JEA and MEAG Power had called into question JEA's willingness to abide by the take-or-pay "hell or high water" terms governing the Project J PPA with MEAG Power. Other governance considerations remain for JEA including significant organizational changes.

The fundamental credit strengths of JEA's water and sewer system include the utility's sizable and diverse service area that also contains acquired systems outside Jacksonville; solid financial operations characterized by healthy total debt service coverage; competitive rates; sound liquidity; and a manageable capital program.