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HomeMy WebLinkAboutFinancial Reports - 19904-4;,'17 AMPeat Marwick Certified Public Accountants Fl) � '4 Di U- F �v J 1, UQ: LD C! julr-ffs m A lw 3,1- 1 P TOWN OF MANSFIELD, MASSACHUSETTS General Purpose Financial Statements Year Ended June 30, 1990 (With Independent Auditors' Report Thereon) TOWN OF MANSFIELD, MASSACHUSETTS General Purpose Financial Statements Year Ended June 30, 1990 Table of Contents Page Independent Auditors' Report 1-2 General Purpose Financial Statements: Combined Balance Sheet - All Fund Types and Account Group 3 Combined Statement of Revenues, Expenditures and Changes in Fund Equity - All Governmental Fund Types and Expendable Trust Funds 4 Statement of Revenues and Expenditures - Budgetary Basis 5 Combined Statement of Revenues, Expenses and Changes in Fund Equity - Mansfield Electric Department and Nonexpendable Trust Funds 6 Statement of Cash Flows - Mansfield Electric Department 7 Statement of Cash Flows - Nonexpendable Trust Funds 8 Notes to General Purpose Financial Statements 9-30 Certified Public Accountants One Boston Place Boston, MA 02108 Telephone 617 723 7700 Telex 617 443 0082 PMMBOST INDEPENDENT AUDITORS' REPORT To the Board of Selectmen Town of Mansfield, Massachusetts: Telecopier 617 723 6864 We have audited the general purpose financial statements of the Town of Mansfield, Massachusetts, as of and for the year ended June 30, 1990, as listed in the accompanying table of contents. These general purpose financial statements are the responsibility of the Town's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We did not audit the financial statements of the Mansfield Electric Department, which are as of and for the year ended December 31, 1989. Those financial statements were audited by other auditors whose report thereon has been furnished to us and our opinion expressed herein, insofar as it relates to the amounts included for the Mansfield Electric Department, is based solely upon the report of the other auditors. The other auditors were not able to perform auditing procedures to determine the propriety of the original cost of utility plant in service, since the accounting records supporting the original cost of utility plant in service were destroyed in a fire, and they were unable to satisfy themselves regarding the original cost of utility plant in service by means of other auditing procedures. We conducted our audit in accordance with generally accepted auditing standards and the standards for financial audits contained in the Government Auditing Standards, issued by the U.S. General Accounting Office. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. The Town has not maintained records of the cost of its general fixed assets and, therefore, a general fixed assets account group is not presented in the accompanying general purpose financial statements as required by generally accepted accounting principles. 1 Member Firm of Klyeveld Peat Marwick Goerdeler Peat Marwick To the Board of Selectmen Town of Mansfield, Massachusetts Page Two In our opinion, based upon our audit and the report of the other auditors, except that the omission of a general fixed asset group of accounts results in an incomplete presentation, as discussed in the preceding paragraph, and had the scope of work performed by the other auditors regarding the original cost of utility plant in service been sufficient to enable them to express an opinion on the financial statements of the Mansfield Electric Department, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Town of Mansfield, Massachusetts, at June 30, 1990, and the results of its operations and cash flows of the Mansfield Electric Department and nonexpendable trust funds for the applicable years then ended, in conformity with generally accepted accounting principles. 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Oversight responsibility is demonstrated by financial interdependency, selection of governing authority, designation of management, ability to significantly influence operations, and accountability for fiscal matters. Based on the aforementioned oversight criteria, the operations of the following entities have been included in or excluded from the accompanying general purpose financial statements: Entity included in the general purpose financial statements: The Mansfield Electric Department ("Department") under the direction of the Board acting as the Mansfield Electric Commission, which appoints the Mansfield Electric Department Manager, functions as an autonomous entity. The Town processes all bill payments, borrowings and debt repayments for the Department which provides the funds for these payments and repayments. All funds are collected by the Town and the Department's cash is in the custody of the Town of Mansfield Treasurer and is commingled with other Town funds. Entity excluded from the general purpose financial statements: • Mansfield Housing Authority. The Board members are elected by the Town electorate. The Town has no oversight responsibility for the Authority's operations and no responsibility for the Authority's deficits or debt. (2) Summary of Significant Accounting Policies - (a) Basis of Presentation The financial condition and results of operations of the Town's funds are presented as of and for the year ended June 30, 1990, except for the Mansfield Electric Department, which is presented as of and for the year ended December 31, 1989. The accounting policies of the Town conform with generally accepted accounting principles ("GAAP"), except that the Town does not maintain, and therefore does not report, a general fixed assets account group in accordance with generally accepted accounting principles. Such departure from GAAP is permissible under the Massachusetts Uniform Municipal Accounting System. Additionally, the Town has adopted Statement No. 9 of the Governmental Accounting Standards Board for reporting cash flows of its nonexpendable trust funds and the Department implemented Statement of Financial Accounting Standards No. 95, "Statement of Cash Flows." (Continued) C TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements (b) Fund Accounting The operations of the Town are recorded in the following fund types and account group: • Governmental Fund Types Governmental funds are used to account for the Town's expendable financial resources and related liabilities (except those accounted for in proprietary and similar trust funds). The measurement focus is upon determination of changes in financial position. The following are the Town's governmental fund types: General Fund - The general fund is the general operating fund of the Town. It is used to account for all financial resources except those required to be accounted for in another fund. Special Revenue Funds - Special revenue funds are used to account for the proceeds of specific revenue sources (other than special assessments, expendable trusts or major capital projects) that are legally restricted to specified purposes. Capital Project Funds - Capital project funds are used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds and trust funds). • Proprietary Fund Type Proprietary funds are used to account for activities that are similar to those often found in the private sector. The measurement focus is upon determination of net income and capital maintenance. Following is the Town's proprietary fund type. Enterprise Funds - Enterprise funds are used to account for operations (a) that are financed primarily through user charges, or (b) where the governing body has decided that determination of net income is appropriate. • Fiduciary Fund Types Trust and Agency Funds - Fiduciary funds are used to account for assets held by the Town in a trustee capacity or as an agent. Trust funds include expendable trust funds and nonexpendable trust funds. Expendable trust funds are accounted for similar to governmental funds. Nonexpendable trust funds are accounted for similar to proprietary funds. Agency funds are custodial in nature and do not involve measurement of results of operations. (Continued) 10 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements • Account Group General Long-term Obligations Account Group - This account group is used to account for all long-term obligations of the Town except those accounted for in proprietary funds. (c) Basis of Accounting The modified accrual basis of accounting is followed by governmental funds, expendable trust funds, and agency funds. Under the modified accrual basis of accounting, revenues are recorded when they become measurable and available to pay liabilities of the current period. Revenues not considered available are recorded as deferred revenues. Expenditures are recorded when the liability is incurred except for interest on general long-term obligations, which is recorded when due. In applying the susceptible to accrual concept to intergovernmental revenues, there are essentially two types of revenues. In one, moneys must be expended on the specific purpose or project before any amounts will be paid to the Town; therefore, revenues are recognized based upon the expenditures incurred. In the other, moneys are virtually unrestricted and are usually revocable only for failure to comply with prescribed compliance requirements. These resources are reflected as revenues at the time of receipt or earlier if the susceptible to accrual criteria are met. Property taxes are recognized as revenue in the year for which taxes have been levied, provided they are collected within 60 days after year-end. Special assessments are recorded as revenue in the year the individual installments are due. Licenses and permits, fines and forfeitures, and miscellaneous revenues are recorded as revenues when received in cash because they are generally not measurable until actually received. Investment earnings are recorded as earned. The accrual basis of accounting is used by proprietary funds and nonexpendable trust funds. Unbilled service revenue is accrued in the proprietary funds. (d) Cash Equivalents For purposes of the statements of cash flows, the nonexpendable trust funds consider certificates of deposit to be cash equivalents and the Department considers amounts due from other funds as cash equivalents because the Department's cash is in the custody of the Town Treasurer. (e) Encumbrances and Continuing Appropriations Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed in governmental funds. Open encumbrances at year-end are reported as reservations of fund balances. Encumbrances do not constitute expenditures or liabilities, except for budgetary purposes (see note 4). (Continued) TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements Certain unexpended and unencumbered appropriations for incompleted projects are carried over to succeeding years. Such continuing appropriations are accounted for similarly to encumbrances. (f) Accrued Sick and Vacation Employees, including those of the Mansfield Electric Department, are granted sick leave and vacation in varying amounts. Unused sick leave accumulates for non -union employees to one hundred forty-three (143) days and for union employees to a maximum number of days as specified in their respective union contracts. Upon the termination, retirement or death of an employee, all unused accumulated sick leave is cancelled. Except for very limited situations, vacation pay does not accumulate from year to year, but may be taken as a payment with the approval of the Town Manager and the Board. Upon the termination, retirement or death of an employee, an amount equivalent to his or her unused vacation for the year would be paid. Therefore, all amounts of sick leave and vacation costs are due and payable in the current fiscal year. (g) Fixed Assets The provision for depreciation of the Department utility plant is computed on a straight-line basis at 5% of the cost of utility plant in service at the beginning of the year, exclusive of land and land rights. Although depreciation by statute is computed at a rate of 3%, under Commonwealth of Massachusetts General Law, a greater amount may be accrued upon receiving approval from the Department of Public Utilities (DPU). The DPU has not yet authorized the 5% rate for 1989. If the DPU determines that the Department's depreciation for 1989 should be 3%, the financial statements will be restated to reflect the change. The accounting records supporting the service were destroyed in a fire at are necessary to assure that: original cost of utility plant in the Town Hall in 1970. The records Utility plant in service is fairly presented in the Department's balance sheet; Depreciation expense is properly computed; and Net income does not exceed a maximum amount permitted by the General Laws of the Commonwealth, which maximum is a function of utility plant in service. The Department maintains a depreciation fund into which cash in an amount equivalent to annual depreciation expense is transferred each year. Cash in the fund may be used only to pay for additions to utility plant or to repay debt issued to finance utility plant additions. (h) Mansfield Electric Department - Rates The Department is subject to regulation by the DPU with respect to its rates. (Continued) 12 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements (i) Self-insurance Program The Town has established a workmen's compensation self-insurance program for the police and fire departments which is accounted for in the general fund. (j) Total Columns Total columns on the general purpose financial statements are captioned "Memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations or changes in financial position in conformity with generally accepted accounting principles. Such data are not comparable to a consolidation since interfund eliminations have not been made. (3) Property Taxes Real and personal property taxes are based on values assessed as of each January 1 and are normally due on the subsequent November 1 and May 1. By law, all taxable property in the Commonwealth must be assessed at 100% of fair cash value. Taxes due and unpaid after the respective due dates are subject to interest and penalties. The Town has an ultimate right to foreclose on property for which taxes have not been paid. Property taxes levied are recorded as receivables in the fiscal year of the levy. A statewide tax limitation statute known as "Proposition 2-1/2" limits the property tax levy to an amount equal to 2-1/2% of the value of all taxable property in the Town. A secondary limitation is that no levy in a fiscal year may exceed the preceding year's allowable tax levy by more than 2-1/2%, plus taxes levied on certain property newly added to the tax rolls. Certain Proposition 2-1/2 taxing limitations can be overridden by a Town -wide referendum vote. (4) Budgetary Basis of Accounting The Town must establish its property tax rate each year so that the resulting property tax levy will comply with the limits required by Proposition 2-1/2 and also constitute that amount which will equal the sum of (a) the aggregate of all annual appropriations for expenditures and transfers, plus (b) provision for the prior fiscal year's deficits, if any, less (c) the aggregate of all non -property tax revenue and transfers projected to be received by the Town, including available surplus funds. The budgets for all departments and operations of the Town, except that of public schools, are prepared under the direction of the Town Manager. The School Department budget is prepared under the direction of the School Committee. Original and supplemental appropriations are acted upon by the Town meeting vote. (Continued) 13 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements The Town's General Fund budget is prepared on a basis other than generally accepted accounting principles ("GAAP"). The "actual" results column of the Statement of Revenues and Expenditures - Budgetary Basis is presented on a "budget basis" to provide a meaningful comparison with the budget. The major differences between the budget and GAAP bases are that: (a) Budgeted revenues are recorded when cash is received, except for real estate and personal property taxes, which are recorded as revenue when levied (budget), as opposed to when susceptible to accrual (GAAP). (b) Encumbrances and continuing appropriations are recorded as the equivalent of expenditures (budget), as opposed to a reservation of fund balance (GAAP). (c) Certain activities and transactions are presented in separate funds (GAAP), rather than as a component of the General Fund (budget). In addition, there are certain differences in classifications between revenues, expenditures and transfers. The following reconciliation summarizes the differences between budget and GAAP basis accounting principles for the year ended June 30, 1990: Other financing sources Revenue Expenditures (uses), net As reported on a budgetary basis $ 23,405,747 23,268,976 Adjustment of property tax revenues to a modified accrual basis Reclassification of Water and Sewer Fund operations to Special Revenue Fund Adjustment for encumbrances and continuing appropriations As reported on a GAAP basis (588,451) - (2,476,159) (2,021,125) $ 2 .341.137 32,859 387,810 475,052 (Continued) 14 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements (5) Cash State and local statutes place certain limitations on the nature of deposits available to the Town. Deposits (including demand deposits, term deposits and certificates of deposit) in any one financial institution may not exceed certain prescribed levels without collateralization by the financial institutions involved. Deposits The following summary presents the amount of Town deposits which are fully insured or collateralized with securities held by the Town or its agent in the Town's name (Category 1), those deposits which are collateralized with securities held by the pledging financial institution's trust department or agent in the Town's name (Category 2), and those deposits which are not collateralized (Category 3) at June 30, 1990. Amounts in MMDT, a pooled fund, are not categorized. Bank Balance Total Category Not Bank Carrying 1 2 3 Categorized Balance Amount Cash $ 2,156,720 - 4,892,699 - 049.419 7,981.506 (6) Pension Plan (a) Plan Description The Town provides retirement benefits to employees through a contributory retirement system administered by the Bristol County Retirement System ("System"), a cost -sharing, multiple -employer public employee retirement system. Each participating employer's share of the total annual contribution is determined on the basis of active payroll. The Town's payroll for employees covered by the System for the year ended December 31, 1989, was $4,935,662; the Town's total payroll was $13,539,647. Public school teachers are covered by the Commonwealth of Massachusetts Teachers' Retirement System (IRS) to which the Town of Mansfield, Massachusetts, does not contribute. The Town's payroll for teachers covered by the TRS for the year ended June 30, 1990, was $7,432,120. The System and the TRS are contributory defined benefit plans covering all Town employees and teachers deemed eligible. The System is a member of the Massachusetts Contributory System and is governed by Chapter 32 of the Massachusetts General Laws. Membership in the System and the TRS is mandatory immediately upon the commencement of employment for all permanent, full-time employees. (Continued) 15 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements (6) Pension Plan (Continued) Both systems provide for retirement allowance benefits up to a maximum of 80% of a member's highest three—year average annual rate of regular compensation. Benefit payments are based upon a member's age, length of creditable service, level of compensation and group classification. Members joining the System after January 1, 1979, are subject to a cap of $30,000 on the level of compensation upon which their benefits are calculated. Members of both systems become vested after 10 years of creditable service. A retirement allowance may be received upon reaching age 65 or upon attaining 20 years of service. The systems also provides for early retirement at age 55 if the Participant (1) has a record of 10 years of creditable service, (2) was on the Town payroll on January 1, 1978, (3) voluntarily left Town employment on or after that date, and (4) left accumulated annuity deductions in the Fund. Active members contribute either 5, 7 or 8% of their gross regular compensation depending on the date upon which their membership began. The Town is required to contribute the remaining amounts necessary to pay benefits when due. The systems also provide death and disability benefits. (b) Funding Status and Progress The amount shown below as the "Pension Benefit Obligation" for the System is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected salary increases and step —rate benefits, estimated to be payable in the future as a result of employee service to date. The measure is intended to help users assess the funding status of the System on a going —concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among employers. The measure is the actuarial present value of credited projected benefits and is independent of the funding method used to determine contributions to the System. The pension benefit obligation was computed as part of an actuarial valuation performed as of January 1, 1987. Significant actuarial assumptions used in the valuation include (a) a rate of return on the investment of present and future assets of 8% a year compounded annually, (b) projected salary increases of 4.5% a year compounded annually, attributed to inflation, (c) additional projected salary increases of 1.5% a year, attributable to seniority/merit, (d) no post —retirement benefit increases, and (e) .$30,000 salary cap on employees hired after January 1, 1979. (Continued) 16 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements (6) Pension Plan (Continued) The total unfunded pension benefit obligation applicable to the System was $56,152,000 at January 1, 1987, as follows (in thousands): Pension benefit obligation: Retirees and beneficiaries currently receiving benefits and terminated employees not yet receiving benefits $ 45,985 Current employees: Accumulated employee contributions, including allocated investment earnings 52,383 Total pension benefit obligation 98,368 Net assets available for benefits, at market value 42,216 Unfunded pension benefit obligation $ 52 (c) Contribution Requirements and Contribution Made The System assesses participating employers for their share of pension benefits (less certain interest credits) expected to be paid during the year ("pay-as-you-go" method). This amount is determined in advance by the Public Employee Retirement Administration (PERA) and is based in part on the previous year's benefit payout. The Commonwealth of Massachusetts currently reimburses the System on a quarterly basis for the portion of benefit payments owing to cost -of -living increases granted after the implementation of Proposition 2-1/2. The Town's contribution to the System for 1990 of $574,430 was made in accordance with the funding policy described above and represented approximately 9.2% of System -wide employer contributions. (d) Trend Information Trend information showing the System's progress in accumulating sufficient assets to pay benefits when due is presented in the System's December 31st, annual financial report. Trend information showing the System's progress in accumulating sufficient assets to pay benefits when due is required by GAAP to be included in the System's annual financial report. It is not known whether this report will contain the required historical trend information. (Continued) 17 N I r 0 0 0 1 0 0 0 0 0 o HI ti P N P P OJ O O O O CI G O O O O O O O O N O O N N ( 1 1 ( N N � OOggqq O O O O O O O O P O K Rf vY G a sy O .0 YO Y Y u N •N � ^ „ O O O P Y n O P L' ry DI y ro O L U Y � N F Y Y y L u N y Y E E ro m E E N E N E w Y P N „ •N .1 N v S ro • ro ~ Y 3 0 v O ry L L L m N D Y a G " O m z TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements (7) Long-term Debt (Continued) The annual requirements to amortize all general obligation bonds outstanding as of June 30, 1990, including interest, are as follows: Principal Interest Total Year ending June 30, 1991 $ 947,100 615,138 1,562,238 1992 912,100 550,800 1,462,900 1993 807,100 491,919 1,299,019 1994 802,100 436,501 1,238,601 1995 647,100 386,357 1,033,457 Thereafter 52436,200 2,580,434 82016,634 $ ,5� 5,061,149 14,612,849 The Commonwealth of Massachusetts has approved school construction assistance to the Town. The assistance program which is administered by the School Building Assistance Bureau (SBAB) provides resources for future debt service of general obligation school bonds outstanding. These resources are subject to annual appropriation by the state legislature and the Town's compliance with certain reporting requirements. During 1990, the Town received $102,713 of such assistance. Assuming satisfactory audit results and annual appropriations by the state legislature, $102,713 will be received for fiscal year 1991 and $82,662 will be received for fiscal year 1992. The Town is subject to a dual level general debt limit; the normal debt limit and the double debt limit. Such limits are equal to 5% and 10%, respectively, of the valuation of taxable property in the Town as last equalized by the Commonwealth's Department of Revenue. Debt may be authorized up to the normal debt limit without state approval. Authorizations under the double debt limit, however, require the approval of the Commonwealth's Emergency Finance Board. Additionally, there are many categories of general obligation debt which are exempt from the debt limit but are subject to other limitations. Authorized and unissued debt at June 30, 1990, is as follows: Schools Library Landfill Department equipment Water Industrial As of June 30, 1990, the obligation debt under the $6,006,700 of debt exempt $ 19,000,000 200,000 1,450,000 325,000 1,450,000 1.600.000 $ 24,025,000 Town may issue $51,485,850 additional general normal debt limit. The Town has approximately from the debt limit. (Continued) 19 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements (7) Long-term Debt (Continued) The Town pays assessments which include debt service payments to other local governmental units providing services within the Town's boundaries (commonly referred to as overlapping debt). The primary overlapping debt relates to Bristol County. The following summary sets forth the long-term debt of Bristol County at June 30, 1990, the estimated share of such debt being serviced by the Town, and the total of its share of estimated indirect debt. Town's Long-term Town's Estimated Debt Estimated Indirect Outstanding Share Debt Bristol County $ 4,320,000 5.34% $ 230,688 Capital Lease Obligations of the Electric Department Obligations under capital lease represent financing arrangements for the purchase of trucks, computer equipment and computer upgrades. The following is a schedule, by years, of future minimum lease payments together with the present value of the net minimum lease payments as of December 31, 1989: 1990 $ 56,179 1991 40,867 1992 28,523 1993 9,402 Net minimum lease payments 134,971 Less: Amount representing interest (15,112) Present value of net minimum lease payments $ 112,859 (8) Temporary Borrowings Under state law and by authorization of the Board of Selectmen, the Town is authorized to borrow on a temporary basis to fund the following: • Current operating costs prior to the collection of revenues through issuance of revenue or tax anticipation notes (RAMS or TANS) (Continued) 20 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements • Capital project costs incurred prior to obtaining permanent financing through issuance of bond anticipation notes (BANS) • Federal and state aided capital projects and other program expenditures prior to receiving reimbursement through issuance of federal and state aid anticipation notes (FANS and SAANs) Temporary loans are general obligations of the Town and carry maturity dates which are limited by statute. Interest expenditures for temporary borrowings were approximately $99,100 and are accounted for in the General Fund. At June 30, 1990, $190,000 of BANS with rates ranging from 6.31% to 6.79% and $170,620 of SAANS with rates of 6.28% were outstanding. (9) Fund Deficits The following funds had deficit equity balances as of June 30, 1990: Special revenue funds: Federal grants $ 81,783 Capital project fund: Water main $ 12,130 Pumping station 16,343 Emergency communication 20,122 $ 48,595 The deficits in these funds will be eliminated through future bond issues or federal and state grants. (10) Interfund Receivable and Payable Balances Individual fund interfund receivable and payable balances at June 30, 1990, were as follows: Fund General Special Revenue: Municipal outside and school details Electric Department Agency: Municipal outside and school details Interfund Interfund Receivables Payables $ 33,272 - 23,655 - 306,013 - - 23,655 (Continued) 21 N W N Q� U C •.I N Y u O U C •.>i ayi 0 W C 4 y N N u C N N Z N u •.• � tD O M C C N � N O O CCCCCGyyy����� OUO ti N� 3 O A N q N I I I I I I O O a ro J O y C A d ro > J N Y O• O k L U �1 L N m L rOi w N A 'C •U Y C S W O N Y y J o u w ro �!I O N O O O n O� •� u W pp F C N pp u y I I O OD 'O N 4 V O• �• N A N •• W N A '• A C O M ^ '' O C O A v N N' ba Vl K' vv 4 vA o y v L d o N y �y m�OO O F 9 u •.roiO m A O O d MOO I N„ yi A 00 N u C Y N L N Vl'I Vtm�O n M O N u U Y5 O Y G LI N w L m N > O N b p v N N V C y �• L N O C U C •� w y G b M M O L ro w N �• u A W y s O E 3 C 41 L C O O C Y M L u V O W A d C G4 A u y Y N y F N O y A w L C A d ry N y d N L L u C ry U O A ubi .Ai u C •� U A C ti N Y C u N •A •'1 •.+ y 0 •y E w A b m N w wa u b ^'� O A •� C A Y ro u L W U N N C L u G C d N y C A V' C L L..• C d E•a'C N C •A 9 N� w ro~ O• w A W W � 1a1 y N •� J N W L V y V W 2 U A N W C N p• y U A L N N v y C 7 A L N N d L O •n C N b b 0 U y O J C A L A u d N L A d•.• O O d G CO •M Y Y •M M Y Y A y �"� N �'"• N L .ro d F y A O 9 N a A d u H u C •N A •y y L C N N ro u A C •.� u n •+ O •fi C 4 3 ro I ..CI •rl 9 L .Ai W .Ai .M i N v C ro E o Y O a •N L a v U a d d N A t:) d d •�I M 4 E N O V F A A y >• A L 0 L w N � O A E A O A A k N u y d3 1+1CIn toUO A❑ C W o y � L y U F a F Y N rl M TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements MMWEC is a coordinating and planning agency for the development of bulk power supply requirements of its Members and Project Participants. MMWEC is authorized to purchase ownership interests in, and to issue revenue bonds to finance generating units (Projects). MMWEC sells the capability of each of its Projects to its Members and other utilities (Project Participants) under Power Sales Agreements. The Power Sales Agreement for each Project requires each Project Participant to pay its share of MMWEC's costs related to the Project which include debt service on bonds issued by MMWEC to finance the Project, plus 10% of debt service to be paid into a Reserve and Contingency Fund. In addition, should any Project Participant fail to make any payment, which failure constitutes a default under the Power Sales Agreement (or other applicable agreements), other Project Participants could be required to provide the defaulting Participant's payments in an amount up to 25% of the continuing Participant's payments, as determined before any such increase is effected, for the Project. In addition, MMWEC has entered into long-term take -or -pay power purchase contracts for which it has corresponding resale agreements with certain of its members and other utilities. The Project and power purchase contract amounts are payable from each Participant's electric system revenues and each Project Participant is unconditionally obligated to make payments whether or not the Project is completed or a unit is operating and notwithstanding the suspension or interruption of output of the unit, in accordance with the covenants to fix, revise and collect rates at least sufficient to meet its obligations under the Power Sales Agreement. A substantial portion of MMWEC's power supply and financing program consists of its 11.59% ownership interest in the Seabrook Station, the construction and licensing of which is being conducted by New Hampshire Yankee (NH Yankee), currently a division of Public Service Company of New Hampshire (PSNH). Seabrook Station consisted of two units. Construction of Seabrook Unit 1 was completed in 1986; Unit 2 was effectively cancelled in 1984. The Nuclear Regulatory Commission (NRC) granted a full power license for Unit 1 on March 1, 1990. In May 1989, the NRC issued a low power operating license for Seabrook Unit 1 which limited the operation of the unit up to five percent of full power. In June 1989, an incident involving a malfunctioning steam valve and a subsequent delay in the shutdown of the plant resulted in an agreement between the NRC and plant management to cease the testing until further NRC approval. The Seabrook project management implemented new procedures, and issues relating to the incident have been resolved. (Continued) 23 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements The NRC issued a rule change in 1987 that allows owners of completed nuclear plants to obtain an operating license upon NRC approval of utility -sponsored emergency response plans in cases where states of localities have refused to participate in formulating such plans. In January 1989, subsequent to public hearings, emergency response plans for New Hampshire communities within the ten -mile radius of Seabrook Station were approved by the Atomic Safety & Licensing Board (ASLB). NY Yankee has prepared and submitted emergency response plans for the Massachusetts municipalities located within the ten -mile radius of Seabrook Station for which plans have not been submitted by Massachusetts officials. These plans were demonstrated in a full scale graded emergency preparedness exercise in June 1988. In a November 1989 report, the ASLB concluded that the two day drill of the New Hampshire, Massachusetts and on -site plans, proved Seabrook Station meets the NRC requirements, and the plant qualifies to receive a full -power operating license. In September 1988, the NRC issued a ruling requiring NH Yankee to demonstrate its financial ability to decommission the plant after low -power testing in the event the plant does not obtain a full -power license. In December 1988, the NRC decided on all pending financial qualification questions which were brought to its attention relating to Seabrook. The NRC ruled, among other things, that $72.1 million be provided for decommissioning prior to low -power testing. The joint owners have purchased a surety bond to meet the above condition. Seabrook Station experienced persistent and substantial cost increases and significant schedule delays during its construction and licensing phases. It has been the source of continuing controversy and opposition from government officials, regulators, intervenors and others and has created financial problems for many of its joint owners, including MMWEC. PSNH, as a result of the continued delay in commercial operation of Seabrook Unit 1 and its inability to secure cost recovery prior to commercial operation of the Unit, has experienced substantial difficulty in sustaining its financial obligations for its 35.6% share of the Seabrook project. PSNH challenged the constitutionality of New Hampshire's anti-CWIP law, which prohibited from charging customers for construction work in progress on projects that are not yet in operation, at the state and federal courts. In January 1989, the United States Supreme Court rejected the appeal due to the lack of a "properly presented federal question." (Continued) 24 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements In January 1988, PSNH filed for protection from its creditors under Chapter 11 of the Federal Bankruptcy Code. Several utilities including PSNH and the State of New Hampshire has potential takeover PSNH plans. Northeast Utilities (NU) submitted various proposals and emerged as the entity most likely to re -organize PSNH and assume PSNH's ownership share of the Seabrook Project. NU's plan has been accepted by PSNH creditors, PSNH equity holders, PSNH and the State of New Hampshire. NU is currently seeking regulatory review of the proposed acquisition at the state and federal levels. MMWEC and other utilities have intervened at the Federal Energy Regulatory Commission and the Securities and Exchange Commission to protect, among other things, various transmission positions which may be impaired as a result of the proposed NU takeover of PSNH. On June 1, 1988, MMWEC's Board of Directors adopted a strategic plan of action relating to its 11.6 percent Seabrook joint ownership interest. The plan of action evidenced, among other things, an intention not to pay any future direct obligations to the Seabrook project. Accordingly, no additional payments have been made since May 1988 for construction, maintenance or nuclear fuel under the Seabrook Project Disbursing Agent agreement. MMWEC's prepayments were exhausted on or about July 24, 1988. Certain of the Seabrook joint owners have made-up the shortfall in the Seabrook projectes cash flow caused by MMWEC's nonpayment. The Connecticut Light and Power Company, through a power sales arrangement with the other joint owners, furnished funds to the Seabrook project in lieu of MKWEC's payments for the July 24 to November 30, 1988 period. Connecticut Light and Power Company released any claims it may have had against MMWEC as a result of making payments to the Seabrook Project. On June 10, 1988, PSNH gave notice under a provision of the Seabrook Joint Ownership Agreement that MMWEC was in default in its joint ownership obligations. Pursuant to the same Joint Ownership Agreement, MMWEC had five months after such notice to cure any default. MMWEC did not agree with such notice that a default occurred on June 10, 1988. On November 4, 1988, MMWEC and PSNH entered into a Memorandum of Understanding whereby MMWEC retains its full ownership in Seabrook Station. MMWEC, PSNH and other current and past joint owners of Seabrook executed a Settlement Agreement, which provides for various consideration listed below. Upon the effective date, the Memorandum and the Settlement Agreement provide, among other things, that all notices of default will be rescinded and covenants not to sue among the major joint owners of Seabrook will be effective. The Settlement Agreement also calls for PSNH to be responsible for MKWEC's portion of the Seabrook Station pre -operational costs, commencing December 1, 1988, to the commercial operation of the unit or up to $30 million, whichever comes first. The $30 million of construction funds are projected to be exhausted in the spring of 1990. The Settlement (Continued) 25 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements Agreement requires that MMWEC make up any shortfalls in payments within seven days of the commercial operation or cancellation of the unit. The Settlement Agreement also provides the Seabrook joint owners with the right to obtain equitable relief, but not to reduce MMWEC's ownership share, after sixty days written notice, for non payment by MMWEC before commercial operation or cancellation. The Settlement Agreement calls for a $3.5 million payment on the effective date and for a $2 million annual payment for eight years, after commercial operation of the unit. As part of the Settlement Agreement, MMWEC and PSNH agree to cancel the Sellback Agreement which called for PSNH to purchase Seabrook capacity from MMWEC at cost. In addition, the Settlement Agreement calls for extension of an existing transmission contract and limits MMWEC's exposure for decommissioning or cancellation costs to $10 million. The PSNH bankruptcy court has accepted the Comprehensive Seabrook Settlement with August 1, 1989, as the effective date. In 1985, certain residents of the Town of Groton brought suit against the Town of Groton Municipal Light Department, the Town of Groton and MMWEC, challenging the validity of the Nuclear Mix No. 1, Nuclear Project Nos. 3, 4 and 5 and Project No. 6 Power Sales Agreements. In 1989, the Massachusetts Superior Court granted the defendants' motions for summary judgement and upheld the validity of Groton's Power Sales Agreements with MMWEC. The Supreme Judicial Court affirmed the lower court's ruling in July 1988. MMWEC's Project No. 6 includes seven out-of-state participants who have ceased making their payments under the related Power Sales Agreement. The Vermont Electric Cooperative which had a 7.25% participants' share stopped making payments in Febraury 1986, while Washington Electric Cooperative with a 1.96% participants' share has been withholding its monthly payments since January 1988. The Ludlow, Lyndonville, Morrisville and Northfield, Vermont, municipal electric systems, comprising a 5.75% participants' share in Project No. 6, ceased making payments in October 1988. Eastern Maine Electric Cooperative stopped payments in May 1987. The Vermont Public Service Department brought action against MMWEC in a Superior Court of Vermont in October 1985 challenging the validity of the Project No. 6 Power Sales Agreements as entered into by the Vermont Participants. In November 1986, the Superior Court Judge ruled that the Power Sales Agreements for Project No. 6 between MMWEC and several consumer -owned utilities in Vermont are valid under Vermont law. The ruling rejected contentions by the Vermont Department of Public Service, Vermont Electric Cooperative and the Village of Stowe Water & Light Department that the contracts were invalid and, therefore, not binding agreements. The plaintiffs (Continued) a TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements appealed this ruling to the Vermont Supreme Court, which heard arguments in April 1987. In September 1988, the Vermont Supreme Court reversed the lower court and ruled that the Project No. 6 Power Sales Agreements with the Vermont utilities are invalid since inception (void ab initio) because the utilities lacked both the statutory authority to enter into the contracts and to delegate certain authorities to MMWEC. MMWEC filed a motion and was denied a rehearing of the case. MMWEC filed a writ of certiorari with the United States Supreme Court to review the decision of the Vermont Supreme Court, which voided the Power Sales Agreements between MMWEC and the Vermont Project No. 6 Participants. The writ of certiorari was denied in October 1989. In as much as the Stony Brook Intermediate project has approximately 8.2% of the Project Capability under Power Sales Agreements with Vermont entities, which Power Sales Agreements are virtually identical to the Project No. 6 Power Sales Agreement, the Vermont Supreme Court Decision on Project No. 6 Power Sales Agreement could apply equally to the Stony Brook Intermediate Power Sales Agreement. The Vermont legislature enacted legislation seeking to validate the Stony Brook Intermediate Power. Sales Agreement in light of the Vermont Supreme Court Decision. MMWEC is seeking a declaration of the validity of the Stony Brook Intermediate Power Sales Agreement, as well as a curative legislation, in the matter of MMWEC vs. State of Vermont et al. currently pending the Supreme Court in Washington County, Vermont. Due to the Vermont Supreme Court decision declaring the Project No. 6 Vermont Participant contracts void ab initio, certain Massachusetts Project No. 6 Participants have raised issues relating to the validity of the Project No. 6 Power Sales Agreements. These participants allege that 100% participation is a condition precedent to the validity of the Project Power Sales Agreements. On April 14, 1989, the Hingham Municipal Lighting Plant and the Shrewsbury Electric Light Plant both filed identical but separate actions in the Superior Court of Suffolk County in Massachusetts. The basis for the complaints are whether the Project No. 6 Power Sales Agreements are valid and binding as to them, since as alleged in the complaints, a condition precedent to the validity of all the Project No. 6 Power Sales Agreements is 100% participation in said Agreement, and if the Vermont Participant's contracts are void ab initio, then this condition precedent has not been met. Further, the complaint alleges that any increase in Project No. 6 billings as a result of the nonpayment by the Vermont Project No. 6 Participants is unlawful on the basis that the Project No. 6 Power Sales Agreements failed to have 100% participation and MMWEC's use of Project No. 6 funds to cover the shortfall in receipts constitutes a breach of the Power Sales Agreements. MMWEC filed an original action in the Supreme Judicial Court for the Commonwealth of Massachusetts against two Massachusetts Project No. 6 Participants. A (Continued) 27 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements single justice of the Court accepted MMWEC's motion to have the Court transfer to the Supreme Judicial Court other cases with Project No. 6 participants pending the Superior Judicial Court other cases with Project No. 6 Participants pending in the Superior Court. Furthermore, the justics granted MMWEC's request for preliminary injunctions ordering the non-paying participants to pay their obligations. MMWEC also filed a motion for summary judgment with the single justice. MMWEC also filed a motion for summary judgment with the single justice. MMWEC has filed oppositions to the participants' motion to stay the proceedings and to compel arbitration. The single justice allowed for discovery to take place prior to scheduling a hearing on the summary judgment motions. The Danvers, Hudson and Peabody light departments filed a motion asking the justice to rescue himself due to a potential conflict. In January 1990, the Justice recused himself sending the case back to the Superior Court for Suffolk County, Massachusetts. The Town of Hudson Light & Power Department and the City of Peabody Municipal Light Plant filed, in November 1988, a lawsuit against MMWEC in Suffolk County Superior Court which, among other things, sought to enjoin the MMWEC Board of Directors from acting upon the Memorandum of Understanding with PSNH. In November 1988, the Massachusetts Superior Court denied the Hudson/Peabody injunction request, which denial was upheld by the Massachusetts Appeals Court. In December 1988, the Town of Hudson Light & Power Department and the City of Peabody Municipal Light Plant amended their complaint against MMWEC to include challenges to the validity of 'the Project No. 6 Power Sales Agreement on the 100% participation issue, as previously discussed within the context of the Vermont Supreme Court decision. MMWEC moved to compel arbitration of this dispute and the Superior Court granted MMWEC's motion in accordance with the terms of the Power Sales Agreements. The arbitration is currently on hold pending the outcome of the cases discussed above. In March 1989, Washington Electric Cooperative of Vermont filed suit against MMWEC in the Washington County Superior Court in Vermont for restitution from MMWEC for payments made under the Project No. 6 Power Sales Agreements. Washington Electric Cooperative received an ex parte trustee process against other Vermont utilities which are making payments under MMWEC's Stony Brook Intermediate Unit contracts. MMWEC has removed this case to the United States District Court for the District of Vermont, where hearings were held and an order issued to dissolve the trustee process contingent on MMWEC giving notice of any intent to take away the Vermont Participants Intermediate Unit capacity. On October 27, 1989, the Vermont Department of Public Service filed, a motion to intervene in this case, and a claim against MMWEC seeking restitution of approximately $6.2 million of payments made by Vermont Utilities to MMWEC under the Project No. 6 Power Sales Agreement. MMWEC has filed a response to the DPS's intervention stating that the DPS does not have standing to raise those issues on behalf of the Vermont ratepayers. The DPS has responded to MMWEC's pleadings. A hearing on this item is scheduled for February 1990. (Continued) TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements In July 1989, MMWEC successfully defended against the Washington Electric Cooperative's motion to remand this case to a Vermont state court. Also in July 1989, MMWEC filed both a counterclaim against the Washington Electric Cooperative in the amount of $16 million and a third -party claim in the amount of at least $10 million against the officers, directors and attorneys of Washington Electric Cooperative upon whose opinions which MMWEC issued bonds for Project No. 6. On August 31, 1987, Eastern Maine Electric Cooperative (EMEC), a 3.6% Participant in MMWEC's Project No. 6, filed for protection under Chapter 11 of the Federal Bankruptcy Code. In its petition, EMEC is asking the court to reject its Power Sales Agreement with MMWEC. EMEC has failed to make payments relating to its Power Sales Agreement contract with MMWEC since May 1987. In October 1988, EMEC's petition for rejection of the contract was denied by the U.S. Bankruptcy Court. The judge concluded that MMWEC has a claim against EMEC stemming from EMEC's payment default under the contract prior to EMEC's entering into Chapter 11. MMWEC has formally filed a claim in the proceedings in an amount present valued in excess of $30 million. Other Project No. 6 Participants have likewise filed claims for the money debt service due and other amounts. EMEC responded to the claim with a counterclaim alleging, among other things, that its Project No. 6 Power Sales Agreement with MMWEC is void as a result of the Vermont Supreme Court decision. Trial was to begin on the adversarial claim on January 16, 1990. However, because the two parties agreed to discuss settlement, the trial was postponed. An outline of a proposed settlement was presented to the Court on January 23, 1990. On January 31, 1990, EMEC filed an unsigned settlement agreement with the court. On February 7th, the MMWEC Board of Directors voted to reject the settlement agreement filed by EMEC's bankruptcy counsel with the Bankruptcy court. A hearing was held on February 20th at which the Bankruptcy Judge remitted certain settlement issues to MMWEC for consideration. The parties are to report to the bankruptcy judge on March 1, 1990. In January 1986, the Hull Municipal Lighting Plant filed suit against MMWEC seeking a declaration that its Power Sales Agreements for Nuclear Mix 1, Nuclear Projects Nos. 4 and 5 and Project No. 6 relating to Seabrook were invalid, and an injunction against MMWEC collecting any amounts from Hull under the agreements, and monetary damages. The suit challei:ged the validity of these Power Sales Agreements on various grounds and alleges, among other things, misrepresentations, breaches and imprudences by MMWEC. In March 1986, the Massachusetts Superior Court granted MMWEC's motions to stay the legal proceedings and compel arbitration of the suit, and for a preliminary injunction requiring Hull to pay its share of monthly power costs as required by the Power Sales Agreements. In March 1986, a single justice of the Massachusetts Appeals Court denied Hull's (Continued) 29 TOWN OF MANSFIELD, MASSACHUSETTS Notes to General Purpose Financial Statements petition for relief from the orders of the Superior Court, and the matter went to arbitration. In August 1987, the arbitrator ruled that the contracts signed by Hull's light board with MMWEC were valid. The arbitrator has yet to rule on the other alleged breaches, imprudencies and misrepresentations claimed against MMWEC by Hull. After withholding payments, Hull is currently making payments, under protest, in accordance with the court order, which it appealed. In the fall of 1989, the arbitrator in January 1990. Discovery in this case is expected to be completed by the summer of 1990. As of December 31, 1989, for projects under construction, accumulated construction expenditures amounted to $1,022,413,000, of which $71,704,000 represents the amount attributable to the Department. Debt outstanding for projects under construction included Power Supply System Revenue bonds totaling $967,414,000, of which $67,415,000 is attributable to the Power Sales Agreements of the Department. As of December 31, 1989, the total future debt service requirement on outstanding bonds issued for projects under construction is $2,911,153,000, of which $210,174,000 is attributable to the Department. In addition, for projects in operation, MMWEC has expended and capitalized $392,856,000. $476,041,000 of bonds are outstanding for these operating projects, with a total debt service requirement over future years of $1,065,531,000. The Department's portion of the expenditures, bonds outstanding and debt service on these projects is $17,810,000, $19,855,000 and $41,005,000, respectively. Mansfield Light Department has entered into power purchase contracts or power sales agreements with MMWEC. Under these agreements, the Department is required to make capacity or debt service payments to MMWEC. The aggregate amount of such required payments, exclusive of reserve and contingency fund billings, on bonds outstanding and significant power purchase contracts through MMWEC at December 31, 1989 is shown below. Annual Cost For years ended December 31, 1990 $ 10,376,000 1991 $ 10,624,000 1992 $ 11,047,000 1993 $ 10,993,000 1994 $ 10,374,000 Later fiscal years $ 204,129.000 $ 2 7.543.000 In addition the Division is required to pay its share of the operation and maintenance costs of the units in which it participates. The Department's total operation and maintenance costs including debt service under the agreements were $13,757,000 and $12,692,000 for the years ended December 31, 1989 and 1988, respectively. 30 i