Entergy Board Approves Debtor-in-Possession Financial
Package
to Facilitate Business Continuity
New Orleans, La. – To protect its customers and ensure continued progress in
restoring power and gas service to New Orleans after Hurricane Katrina, Entergy
Corporation (NYSE: ETR) announced today that its New Orleans subsidiary –
Entergy New Orleans, Inc. (Entergy New Orleans) – has filed a voluntary petition
for reorganization under Chapter 11 of the U.S. Bankruptcy Code.
Simultaneous with this filing, Entergy New Orleans filed a motion with the
Court for “debtor-in-possession” financing that contemplates Entergy Corporation
making loans up to $200 million to Entergy New Orleans to address Entergy New
Orleans’ current liquidity crisis. The petition also requests that up to $150
million of these loans be approved on an interim basis. These funds will enable
Entergy New Orleans to meet its near-term obligations, including employee wages
and benefits, payments under power purchase and gas supply agreements, and its
current efforts to repair and restore the facilities needed to serve its
electric and gas customers.
Entergy Corporation trusts that the bankruptcy court will act swiftly to
approve its debtor-in-possession financing for Entergy New Orleans. Entergy New
Orleans, which provides electric and natural gas service to customers within the
city of New Orleans, is the smallest of Entergy’s five utility companies and
represented about 7 percent of the consolidated revenues and 3 percent of its
consolidated earnings in 2004. Neither Entergy Corporation nor any of Entergy’s
other utility and non-utility subsidiaries were included in the bankruptcy
filing.
“We took this action after careful review of the various options available to
preserve Entergy New Orleans’ business over the near- and long-term” said Dan
Packer, Entergy New Orleans’ chairman and chief executive officer. “Due to our
parent company’s financial support, we can focus on the city’s reconstruction
and rebirth, as those restoration efforts continue today.”
This filing also is intended to address the very legitimate concern expressed
recently in a letter by U.S. Senators Mary Landrieu and David Vitter from
Louisiana to President Bush that the potential bankruptcy of Entergy New Orleans
would stall or cease restoration efforts in the City as a result of creditor
disputes that could arise in such a filing. In making the filing for
debtor-in-possession financing, it is Entergy’s hope and desire that Entergy New
Orleans will be able to continue its restoration efforts for the immediate
future. The Court has set this petition and motion for hearing on Monday,
September 26.
As the City Council of New Orleans stated in a letter of support to Entergy
Chief Executive Officer J. Wayne Leonard this week, any long-term solution, that
provides for a financially viable utility at Entergy New Orleans and protects
customers from the massive restoration costs they can ill afford to pay, must
involve a substantial federal financial commitment.
In a related action, a bill was introduced by Senators Landrieu and Vitter in
the U.S. Senate on September 22 that could provide $250 billion of financial aid
to Louisiana, of which $2.5 billion was earmarked to cover restoration costs of
in-state utilities, including Entergy’s Louisiana subsidiaries.
Federal resources, in addition to reimbursement of certain costs covered by
insurance, are critical to restoring the system and restoring Entergy New
Orleans’ financial health. Entergy is working with public officials at the
federal, state and local levels to try to secure vital government assistance.
Entergy also announced it had taken steps in advance of this bankruptcy filing
by Entergy New Orleans to mitigate any effects of the filing on the parent and
its financially stronger subsidiaries. Prior to the Entergy New Orleans’
bankruptcy filing, Entergy obtained amendments to the $2 billion bank revolving
credit facility and other bank facilities to eliminate the bankruptcy of Entergy
New Orleans as an Event of Default under the terms of those bank agreements.
Therefore, this bankruptcy filing by Entergy New Orleans will not trigger a
default under these bank facilities or other financing obligations of Entergy
and subsidiaries that are not party to this bankruptcy filing.
Entergy Corporation is an integrated energy company engaged primarily in
electric power production and retail distribution operations. Entergy owns and
operates power plants with approximately 30,000 megawatts of electric generating
capacity, and it is the second-largest nuclear generator in the United States.
Entergy delivers electricity to 2.7 million utility customers in Arkansas,
Louisiana, Mississippi, and Texas. Entergy has annual revenues of over $10
billion and approximately 14,000 employees.
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Entergy’s online address is
www.entergy.com
In this release and from time to time, Entergy makes statements concerning
its expectations, beliefs, plans, objectives, goals, strategies, and future
events or performance. Such statements are “forward-looking statements” within
the meaning of the Private Securities Litigation Reform Act of 1995. Although
Entergy believes that these forward-looking statements and the underlying
assumptions are reasonable, it cannot provide assurance that they will prove
correct. Except to the extent required by federal securities laws, Entergy
undertakes no obligation to publicly update or revise any forward-looking
statements, whether as a result of new information, future events or otherwise.
Forward-looking statements involve a number of risks and uncertainties, and
there are factors that could cause actual results to differ materially from
those expressed or implied in these statements. Some of those factors include,
but are not limited to: resolution of pending and future rate cases and other
proceedings at local and federal regulatory agencies, Entergy’s ability to
manage its operation and maintenance costs, particularly at its non-utility
nuclear generating facilities, the performance of Entergy’s generating plants,
and particularly the capacity factor at its nuclear generating facilities,
prices for power generated by Entergy’s unregulated generating facilities, and
the prices and availability of power Entergy must purchase for its utility
customers, uncertainty regarding establishment of sites for spent nuclear fuel
storage and disposal, Entergy’s ability to develop and execute on a point of
view regarding prices of electricity, natural gas, and other energy-related
commodities, changes in the financial markets, particularly those affecting the
availability of capital and Entergy’s ability to refinance existing debt,
execute its share repurchase program, and fund investments and acquisitions,
actions of rating agencies, including changes in the ratings of debt and
preferred stock, Entergy’s ability to purchase and sell assets at attractive
prices and on other attractive terms, changes in utility regulation and in
regulation of the nuclear industry, the success of Entergy’s strategies to
reduce tax payments, the effects of litigation and weather, and uncertainties
associated with efforts to remediate the effects of Hurricane Katrina and
recovery of costs associated with restoration including Entergy’s ability to
obtain financial assistance from governmental authorities in connection with
this storm.