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HomeMy WebLinkAbout20110810Supplement to 2010 Affiliated Interest Report.pdf""i ~~~t~OUNTAIN RECElvi:¡ìj;... .J...: .\¡ 1...,.".-201 South Main, Suite 2300 Salt Lake City, Utah 84111 ioii AUG i 0 AM 10: 21 August 10, 2011 Jt OVERNGHT DELIVERY Idaho Public Utilities Commission 472 West Washington Street Boise, ID 83720-5983 Att: Jean Jewell Commission Secreta RE: Supplement to PacifiCorp's 2010 Atilated Interest Report PacifiCorp d.b.a. Rocky Mountan Power (PacifiCorp or Company) hereby submits an original and three (3) copies of this supplemental fiing to its Affliated Interest Report for calendar year 2010 (2010 AI Report). On May 31, 2011, pursuat to MidAerican Energy Holdings Company Transaction Commitment #8, approved in Case No. P AC-E-05-08, PacifiCorp fied the 2010 AI Report. The 2010 AI Report included unaudited fiancial statements for Trapper Minng Inc. The audited fiancial statements are now available. Included with ths supplementa fiing is the audited income statement and balance sheet for Trapper Ming Inc. It is respectfuly requested that all formal correspondence and Staff requests regarding this fiing be addressed to the following: Bye-mail (preferred):dataequest§pacificorp.com ted. weston§pacificorp.com By reguar mail:Data Request Response Center PacifiCorp 825 NE Multnomah Street, Suite 2000 Portland, OR 97232 Inormal inquires may be directed to Ted Weston, Reguatory Manager, at (801) 220-2963. m;ir~i~Laen ~ Vice President, Regulation Enclosures cc: w/o enclosure: Service List in Case No. PAC-E-05-08 I hereby certfy that on this 10th day of August, 2011, I caused to be served, via E- mail, if address available or U.S mail, a tre and correct copy ofPacifiCorp's cover letter accompanying the Compliance Filng, Supplement to the Afliated Interest Report for Calendar Year 2010 (Commtment #8) in Case No. PAC-E-05-8. Andrea L. Kelly R. Scott Pasley Vice President, Reguation Assistat General Counsel PacifiCorp J.R. Simplot Company 825 NE Multnomah, Suite 2000 P.O. Box 27 Portland, OR 97232 Boise, ID 83702 E-Mail: andrea.kelly§pacificorp.com E-Mail: spasley§simplot.com Douglas L. Anderson Mark C. Moench Senior Vice President & General Counel Senior Vice President - General Counel MidAerican Energy Holdings Company Rocky Mounta Power 666 Grad A venue, Suite 500 201 S. Mai, Suite 2400 Des Moines, IA 50309-2580 Salt Lake City, UT 84111 E-Mail: danderson§midamerican.com E-Mail: mark.moench§pacificorp.com Eric L. Olsen Anthony Yane i Raine, Olson, Nye, Budge & Bailey,29814 Lake Road Chaered Bay Vilage, OH 44140 201 E. Center E-Mail: tony§yanel.net P.O. Box 1391 Pocatello, il 83204-1391 E-Mail: elo§racinelaw.net Lisa Nordstrom David Hawk Gregory Said Director, Energy Natual Resources Idaho Power Company J.R. Simplot Company P.O. Box 70 P.O. Box 27 Boise,ID 83707 Boise,ID 83702 E-Mail: lnordstrom§idahopower.com E-Mail: dhawk§simplot.com gsaid§idahopower.com Brad M. Purdy Arur F. Sandack, Esq. Attorney at Law 8 E. Broadway, Suite 510 2019 N. 17th Street Salt Lake City, UT 84111 Boise, ID 83702 E-Mail: asandack§msn.com E-Mail: bmpurdy§hotmail.com Alan Herzeld Terr Carlock Herzfeld & Piotrowski LLP Accounting Supervisor 713 W. Franin Idaho Public Utilties Commssion P.O. Box 2864 472 W. Washigton Boise,ID 83701 P.O. Box 83720 E-Mail: aherzfeld§hpllp.net Boise, il 83720-0074 E-Mail: terr.carlock§puc.idaho.gov Radall C. Budge James R. Smith Racine, Olson, Nye, Budge & Bailey,Monsanto Company Charered Highway 34 North 201 E. Center P.O. Box 816 P.O. Box 1391 Soda Sprigs, ID 83726 Pocatello,ID 83204-1391 E-Mail: jim.r.smith§monsanto.com E-Mail: rcb§racinelaw.net Katie Iverson Brubaker & Associates 17244 W. Cordova Cour Surrise, ~ 85387 E-Mail: kiverson(ßconsultbai.com Care Meyer Coordiator, Admstrative Services Trapper Mining Inc. and Subsidiaries Consolidated Financial Statements as of and for the YearsEnded December 31,2010 and 2009, and Independent Auditors' Report TRAPPER MINING INC. AND SUBSIDIARIES TABLE OF CONTENTS Page INDEPENDENT AUDITORS' REPORT 1 CONSOLIDATED FINANCIAL STATEMENTS AS OF AND FOR THE YEARS ENDED DECEMBER 31, 2010 AND 2009: Balance Sheets 2-3 Statements of Income 4 Statements of Members' Equity 5 Statements of Cash Flows 6 Notes to Financial Statements 7-15 Deloitte~Deloitte & Touche LLP Suite 3600 555 Seventeenth Street Denver, CO 80202-3942 USA Tel: +1 3032925400 Fax: +1 3033124000 ww.deloitte.com INDEPENDENT AUDITORS' REPORT To the Members of Trapper Mining InC.: We have audited the accompanying consolidated balance sheets of Trapper Minng Inc. and subsidiaries (the "Company") as of December 31, 2010 and 2009, and the related consolidated statements of income, members' equity, and cash flows for the years then ended. These financial statements are the responsibilty of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit also includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting. Accordigly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the fmancial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall fmancial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, such consolidated fmancial statements present fairly, in all material respects, the fmancial position of the Company as of December 31,2010 and 2009, and the results of its operations and cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. June 13, 2011 Member of Deloille Touche T ohmatsu Limited TRAPPER MINING INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS AS OF DECEMBER 31, 2010 AND 2009 2010 2009 ASSETS CURRNT ASSETS: Cash and cash equivalents $13,448,198 $7,911,084 Accounts receivable 5,707,336 7,158,916 Supplies 6,172,597 5,798,271 Prepaid and other curent assets 412,462 1,310,947 Curent reclamation receivable from buyers 2,476,585 688,820 Curent deferred income ta asset 60,000 Total curent assets 28,217,178 22,928,038 PROPERTY, EQUIPMENT, AN FACILITIES: Surface land and coal leaseholds 24,974,645 20,984,578 Development costs 2,834,815 2,834,815 Equipment and facilities 116,787,943 108,817,157 Total propert, equipment, and facilities 144,597,403 132,636,550 Less accumulated depreciation and amortization (94,715,290)(87,506,110) Propert, equipment, and facilties- net 49,882,113 45,130,440 RECLAM nON RECEIVABLE FROM BUYERS .11,516,181 10,913,070 ACQUIRD GE ROYALTY - Net 5,454,546 6,818,182 DEFERRD INCOME TAX ASSET 1,079,000 RESTRICTED FUNDS 500,000 500,000 DEFERRD LOAN FEES - Net 144,366 174,872 TOTAL $95,714,384 $87,543,602 (Continued) - 2 - TRAPPER MINING INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS AS OF DECEMBER 31, 2010 AND 2009 2010 LIABILITIES AND MEMBERS' EQUITY CURNT LIABILITIES: AccOUIts payable Accrued payroll expenses Accrued production taxes Accrued royalties Deferred reclamation revenue Curent asset retirement liability Curent portion of long-term debt $ 3,229,302 2,616,967 1,817,123 440,179 36,868 2,476,585 5,009,714 Total curent liabilties 15,626,738 16,470,959 19,377,343 LONG- TERM DEBT ASSET RETIREMENT LIABILITY DEFERRD INCOME TAX LIABILITY BLACK LUNG LIABILITY 272,237 Total liabilties 51,747,277 COMMITMENTS AND CONTIGENCIES (Note 9) MEMBERS' EQUITY 43,967,107 TOTAL $ 95,714,384 See notes to consolidated financial statements. - 3 - 2009 $1,993,196 2,578,102 1,323,650 241,943 765,355 4,084,859 10,987,105 15,824,119 17,958,177 1,210,000 277,953 46,257,354 41,286,248 $ 87,543,602 (Concluded) TRAPPER MINING INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF INCOME FOR THE YEARS ENDED DECEMBER 31,2010 AND 2009 2010 2009 TONS OF COAL SOLD: Fuel agreement $1,477,267 $1,468,850 Other sales 714,302 652,356 Total tons of coal sold 2,191,569 2,121,206 OPERATIG REVENUS: Coal sales 59,016,716 58,511,343 Reclamation, mine health, and safety 5,812,724 5,810,178 Ash disposal 1,769,525 1,709,710 Grvel sales 88,440 Total operating revenues 66,598,965 66,119,671 OPERATIG COSTS AN EXPENSES: Striping 31,456,902 26,230,727 Mining 8,588,729 8,374,414 Production and other taes 4,084,051 3,446,797 Royalties 6,954,156 5,363,477 Reclamation, mine health, and safety 7,449,608 8,653,807 Ash disposal 1,748,389 1,444,656 General and administrtive 2,555,139 2,703,868 Exploration 36,986 Gravel 3,220 144,159 Total operating costs and expenses 62,877,180 56,361,905 INCOME FROM OPERATIONS 3,721,785 9,757,766 OTHR (EXPENSE) INCOME: Interest income 153,958 148,843 Interest expense (1,242,895)(457,908)Other expense (158) Total other expense (1,089,095)(309,065) NET INCOME BEFORE TAXS 2,632,690 9,448,701 INCOME TAX (BENEFI1) PROVISION: Current 22,831 (6,211)Deferred (71,000)71,000 Total income ta (benefit) provision (48,169)64,789 NET INCOME $ 2,680,859 $ 9,383,912 NET INCOME: From member activity $ 2,428,611 $ 8,383,827 From nonmember activity 252,248 1,000,085 TOTAL NET INCOME $ 2,680,859 $ 9,383,912 See notes to consolidated fiancial statements. - 4 - TRAPPER MINING INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF MEMBERS' EQUITY FOR THE YËARS ENDED DECEMBER 31, 2010 AND 2009 Capital Paid-In Members' Patronage Reserve Capital Equity BALANCE - Janua 1, 2009 $11,407,879 $940,301 $ 20,324,925 $ 32,673,105 Net income 8,383,827 1,000,085 9,383,912 Patronage distrbutions (770,769)(770,769) BALANCE - December 31,2009 19,020,937 1,940,386 20,324,925 41,286,248 Net income 2,428,611 252,248 2,680,859 BALANCE - December 31,2010 $21,449,548 $2,192,634 $ 20,324,925 $43,967,107 See notes to consolidated financial statements. - 5 - TRAPPER MINING INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED DECEMBER 31,2010 AND 2009 - 6- TRAPPER MINING INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS AS OFAND FOR THE YEARS ENDED DECEMBER 31,2010 AND 2009 1. ORGANIZATION AND OPERATION OF THE COMPANY Trapper Mining Inc., a Delaware corporation, was formed in December 1997 as a cooperative. Wiliams Fork Company (WFC) and its wholly owned operating subsidiary, Trapper Mining, Inc., a Colorado Corporation, were merged into Trapper Mining Inc. on Januar 1, 1998. Wiliams Fork Mining Company (WMC), another subsidiary ofWFC was not merged and is now a wholly owned subsidiar of Trapper Mining Inc. WFMC is engaged in the business of gravel excavation. Wiliams Fork Land Company (WLC), a Colorado Corporation and wholly owned subsidiary of Trapper Mining Inc., was formed January 21, 2010. WFLC purchases, holds, and manages any lands outside of Trapper's curent permt boundary that may be of strategic or other interest. In addition, activities related to the evaluation and permtting of tracts outside of Trapper's current permt boundary wil be conducted by WFLC. Trapper Mining Inc., WFMC and WFLC are collectively referred to herein as ("Trapper" or the "Company"). Trapper is engaged in the business of mining, selling and delivering coal from the Trapper Mine located near Craig, Colorado to its members under two agreements with the Craig Power Station ("Fuel Agreement" and "Coal Supply Agreement"), located adjacent to the Trapper Mine. Cooperative member interests in Trapper are as follows: Salt River Project Agricultual Improvement and Power Distrct Tri-State Generation and Transmission Association, Inc. PacifiCorp Energy Platte River Power Authority 32.10 % 26.57 21.40 19.93 100.00 % These four entities, together with Xcel Energy, Inc. (collectively, the "Buyers") own and operate the Craig Power Station. 2. SUMMRY OF SIGNIFICANT ACCOUNTING POLICIES Principles of Consolidation ~ The accompanying consolidated financial statements include the accounts of Trapper Mining Inc. and its wholly owned subsidiaries, WFMC and WFLC. All significant intercompany accounts and transactions have been eliminated in consolidation. Use of Estimates - The preparation of financial statements in conformity with accounting priciples generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilties and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses durg the reporting period. Actul results could differ from those estimates. Concentrations - The Company is potentially subject to concentration of credit risk related to cash and cash equivalents and accounts receivable. The Company places its cash and cash equivalents with high quality financial institutions. As of December 31,2010 and December 31,2009, excess operating fuds of approximately $13,152,000 and $7,191,000, respectively, were match fuded by the institution's capital in federally backed mortgage securities and the remainig balance falls within the - 7 - unlimited FDIC coverage offered by the institution for non-interest bearg transactions accounts. The Craig Power Station represented 99.2% and 98.7% of accounts receivable at December 31, 2010 and 2009, respectively. The Company believes the credit wortiness of this customer miimizes the Company's credit risk. Members' Equity - Patronage represents the cumulative net gain from member activity. Member activity represents coal sales to members pursuant to the Craig Station Fuel Agreement, Coal Supply Agreement, qualifying spot sales, and a portion of the treasur fuction less direct and allocated costs. Capital reserve represents the cumulative net gain from non-member activity. Non-member activity represents that portion of contract sales applicable to Xcel Energy, Inc. ("Xcel"), nonqualifying spot sales, ash disposal, and a portion of the treasur fuction less diect and allocated costs. Allocated costs are generally determned based on the percentage of revenue generated. Cash and Cash Equivalents - For puroses of the statement of cash flows, the Company considers all highly liquid investments purchased with an original maturity ofthree moiiths or less to be cash equivalents. Restricted Funds - The Company accounts for its investments in accordance with ASC 320-10, Accounting/or Certain Investments in Debt and Equity Securities. At December 31, 2010, Trapper held three certificates of deposit (CDs) with a total cost of $500,000. These CDs were purchased August 2010 and $10,000 is scheduled to matue in 2014 and $490,000 is scheduled to matue in 2015. At December 31, 2009, Trapper held a held-to-maturity securty with a fair market value of approximately $494,000 and an amortized cost of $500,000. The bond, scheduled to matue in 2014, was purchased in December 2009 and called by the issuer in June 2010. The certificates of deposit and securty bond are designated for payment under the Black Lung Liabilty (see Note 4). Trapper had no available-for-sale or trading securties as of December 31, 2010 and 2009. Supplies - Supplies are stated at the lower of weighted average cost or market. The supplies inventory is made up of spare materials to maintain the Company's propert, equipment and facilities. Property, Equipment, and Facilties - Equipment and facilities costs are depreciated over the estimated useful lives of the assets using the straight-line or units-of-production methods. Useful lives range from 3 years to 40 years. The Company recorded depreciation expense of approximately $6,120,000 and $4,083,000 for the years ended December 31, 2010 and 2009, respectively. Development costs and coal leaseholds are being amortized over estimated recoverable quantities of coal using the units-of-production method. Equipmentunder capital lease is stated at the net present value of minimum lease payments at the inception of the lease and depreciated over their estimated useful lives. Revenue Recognition - Revenue is recognized when coal shipments are made and title transfers. Substantially all of the Company's sales are to entities that are exempt from sales taxes. Income Taxes - The Company is a non-exempt cooperative and is taed only on income from non-member activity and any patronage income not allocated to members. Patronage income allocated or distrbuted as patronage refuds is deductible in determning taxable income. At December 31,2010, the Company had a net curent deferred tax asset of approximately $61,000 and a net long-term deferred tax liabilty of approximately $4,000. The Company has fully allowed for these net deferred assets. At December 31,2009, the Company had a net curent deferred tax asset of approximately $60,000 and a net long-term deferred tax liabilty of approximately $131,000. A priary component of the deferred tax liabilities represent accelerated depreciation for tax puroses, which includes 50% and 100% bonus ta depreciation, while a significant deferred tax asset results from Alternative Minimum Tax carrforwards. - 8 - Deferred Financing Costs - Fees paid to lenders and related expenses have been deferred and are being amortized to interest expense over the life of the related debt on a straight-line basis, which approximates the effective interest rate method. Impairment of Long-Lived Assets - ASC 360-10, Accounting/or the Impaírment or Dísposal 0/ Long~Líved Assets, requires that long-lived assets be measured at the lower of carring amount or fair value less costs to sell. Management does not believe curent events or circumstances indicate that its long-lived assets are impaired for the years ended December 31,2010 and December 31,2009. Fair Value of Financial Instruments - The following disclosure regarding the estimated fair value of the Company's financial instrents is made in accordance with accounting standards governg fair value measurements. Exit prices are used to meaSure financial assets and liabilities that fall within the scope of the fair value measurements guidance. Under ths gudance, we are required to classify certain assets and liabilities based on the following fair value hierarchy: Levell - Quoted prices in active markets that are unadjusted and accessible at the measurement date for identical, unestrcted assets or liabilties; Level 2 - Quoted prices for i.dentical assets and liabilities in markets that are not active, quoted prices for similar assets and liabilties in active markets or financial instrents for which signficant inputs are observable, either directly or indirectly; and Level 3 - Prices or valuations that require inputs that are both significant to the fair value measurement and unobservable. This guidance requires the use of observable market data if such data is available without undue cost and effort. However, considerable judgment is required to interpret market data in order to develop the estimates of fair value. Accordingly, the estimates herein are not necessarily indicative of the amounts the Company could realize in a curent market exchange. The use of different market assumptions and/or estimation methodologies may have a material effect on the estimated fair value amounts. For cash and cash equivalents, accounts receivable, restrcted fuds, and accounts payable, the carring values are considered to be equivalent to fair value due to the short-term matuties. The fair value of the Company's fixed rate, long-term debt as of December 31, 2010 approximat~s the carring amount, as the applicable interest rates approximate market and are designated as Level 2 within the valuation hierarchy. Reclamation - The Company is obligated under terms of its mining permit to reclaim all land impacted by mining operations. The Company recognizes reclamation expenses in accordance with ASC 410-20, Accounting/or Asset Retírement Oblígations. The Company's long-term contracts with the Buyers (see Note 5) provides for the reimbursement of curent reclamation costs related to coal sales under the long-term contracts. The Company is reimbursed monthly based upon an estimate of that calendar year's actual cost of reclamation. The Company's miing permit requires the Company to maintain a pedormance bond ($30.2 milion at December 31, 2010, and $30.1 million at December 31, 2009) to cover the estimated final reclamation costs that may be required following the termination of mining operations. The Fuel Agreement contract with the Buyers was amended in April 1992 to include a provision requiring payment by the Buyers of these mine closing costs beyond 2014. - 9 - PostemploymentBenefits - All hourly employees are entitled to one year of postemployment disability benefits if, after the employees' vacation and sick pay have been exhausted, they are still disabled. The Company recognizes expense on the pay-as-you-go method. As of December 31, 2010 and 2009, there were no employees utilizing this benefit. Acquired G.E. Royalty ~ On March 5, 2004, the Company purchased a royalty agreement between Trapper and General Electric Holdings Inc. ("G.B.") whereby Trapper was required to pay royalties to G.E. on all coal mied at Trapper Mine. The purchase was effective January 1,2004. This asset is amortized using the straight -line method over the course of the original estiated remaining life of the mine (2014). 3. ROYALTIES As of December 31, 2010 and 2009, the Company had the following recorded for the Acquired G .E. Royalty: December 31,2010 Gross Carrying Accumulated Net CarringAmount Amortization Value December 31,2009 Gross Carryng Accumulated Net Carrng Amount Amortization Value GERoyalty $15,000,000 $9,545,454 $5,454,546 $15,000,000 $ 8,181,818 $ 6,818,182 The Company recorded amortization expense of$1,363,636 related to its intangible assets durng the years ended December 31, 2010 and 2009. As of December 31,2010, amortization expense on intangible assets for future years is as follows: Years Ending December 31 2011 2012 2013 2014 $1,363,636 1,363,636 1,363,637 1,363,637 The Company is pbligated for other royalties on its various coal leases, which range from $0.134 per ton to 12.5% of sales price. Effective January 1, 1998, Trapper and the United States Deparent of the Interioradjusted the method by which royalties under its federal leases are calculated. Royalties under the federal leases for member coal deliveries are calculated as 12.5% of mining costs, retu and tax savings, while coal deliveries to Xcel remained at 12.5% of sales price. In June 2009, the United States Departent of the Interior granted Trapper Mine a royalty rate reduction from 12.5% to 8% of the value of the coal for all sudace mineable seams, for a period of 8 years or the production of 22,000,000 tons, whichever comes first, effective May 1,2007. The 2009 royalty expense was reduced by $1,785,459 related to 2007 and 2008 rate reductions. The 2009 coal sales revenue was also reduced by $1,201,773 for 2007 and 2008 royalty price component reductions. The royalties are a fixed obligation and, accordingly, are bilable for tons sold. Therefore, the Company includes the applicable amounts in operating costs and expenses and operating revenues, respectively, in the accompanying consolidated statements of income. - 10- 4. BLACK LUNG LIABILITY The Company has an obligation to provide black lung disabilty benefits under the Federal Coal Mine Health and Safety Act to all coal miers presently employed, as well as retired miners hired subsequent to January 1, 1970. The Company is self-insured for its black lung liabilty. As of December 31, 2010 and 2009, the Company has accrued approximately $272,000 and $278,000, respectively, for this liability and recorded income of approximately $5,700 due to an actuarial study conducted in the curent year and expense of $8,100, respectively, for the years then ended. The Company maintains separate investment accounts designated for the Black Lung Insurance Fund (see Note 2). 5. RELATED-PARTY TRASACTIONS Coal Sales - The Company has a long-term coal sales contrct ("Fuel Agreement") with the Buyers which accounted for 67.4% of 20 1 0 and 69.2% of 2009 coal sales. The contract provides for a maximum amount of fuel containing 1,830 trllion BTU (approximately 65 milion tons) to be delivered to the Buyers through approximately the year 2014. The contract provides for periodic escalations to the sales price based on changes in certain cost indices (labor, royalties, etc.), and for periodic audits by the Buyers. Percentage interests in the long-term coal sales contract held by the Buyers are as follows: Percentage of Coal Sales Contract Salt River Project Agricultual Improvement and Power District Tri-State Generation and Transmission Association, Inc. PacifiCorp Energy Platte River Power Authority Xcel Energy, Inc. 29.00 % 24.00 19.28 18.00 9.72 100.00 % On September 18,2009, the Company entered into a Craig Station Long-Term Coal Supply Agreement with the cooperative members (see Note 1). The term of this Agreement shall be a period commencing on Januar 1, 2010 and ending on December 31, 2020 with a maximum amount of fuel containng 385.3 trllon BTU (approximately 19.7 milion tons) delivered to the members. This contract accounted for 32.6% of2010 coal sales. Based on coal reserve estimates prepared by the Company's engineers, it is the opinion of the Company's management that adequate coal reserves exist to fulfill these long-term contracts. Ash Disposal - Trapper has contracted with the Buyers to dispose of the coal ash produced by the Buyers' power station adjacent to Trapper Mine. Trapper is paid on a negotiated per trck load basis and this activity is reflected as ash disposal revenue and expense in the accompanying consolidated statements of income. - 11 - 6. BENEFIT PLANS Trapper's workforce is comprised of 79% unon employees. They are represented by International Union of Operating Engineers Local NO.9. The curent union contract expires November 30, 2015. The Company has a salary deferral401(k) plan for all salaried employees. Employer contrbutions to the Employer Basic Account generally equal 1 0.05% of employees' compensation and vest over a five-year period. Employer contributions to the Supplemental Account generally equal 2.5% of employees' compensation and are 100% vested when contrbuted. Employee contrbutions are 100% vested when contrbuted. Contributions to the plans are accrued and expensed in the period in which salares and wages are eared. The Company also has a 401(k) plan for union employees. The union plan is administered by the Company and full time union employees are eligible after 30 days of service. No employer contrbution to the plan is required and employees may contribute up to 50% of their compensation. Such contrbutions are 100% vested when contrbuted. Under the terms of the union contract, the Company is obligated monthly to pay into the Central Pension Fund of the International Union of Operating Engineers and Participating Employers. This multi-employer pension plan defmes set rates, eligible hours worked, eligible employees and is separate from the 401(k) plans. Total expense under the plans was approximately $1,368,000 and $1,323,000 for the years endèd December 31, 2010 and 2009, respectively. 7. ASSET RETIREMENT OBLIGATIONS ASC 410-20 addresses financial accounting and reporting for obligations associated with the retirement of tangible long-lived assets and the associated asset retirement costs. The Company's asset retirement obligation (ARO) liabilties primarily consist of spending estimates related to reclaiming surace land and support facilities at both surface and underground mines in accordance with federal and state reclamation laws as defmed by each mine permit. The Company estimates its ARO liabilties for fmal reclamation and mine closure based upon detailed engineering calculations of the amount and timng of the futue cash spending for a third part to perform the required work. Spending estimates are escalated for inflation, then discounted at the credit adjusted risk-free rate. Asset retirement obligations are initially recorded as a liabilty based on fair value, which is calculated as the present value of the estimated futue cash flows, in the period in which it is incured. The Company records an ARO asset associated with the discounted liability for fmal reclamation and mine closure. The corresponding asset is recorded at fair value in the period in which the liabilty is incured. The ARO asset is amortized on the straight-line method over its expected life and the ARO liabilty is accreted to the projected spending date. As changes in estimates occur (such as mine plan revisions, changes in estimated costs, or changes in timing of the performance of reclamation activities), the revisions to the obligation and asset are recognized at the appropriate credit-adjusted risk- free rate. - 12- A reconciliation of the Company's liability for asset retirement obligations for the years ended December 31,2010 and 2009, is as follows: 2010 2009 Balance - January 1 $18,723,532 $16,371,595 Liabilties incured 3,810,887 1,595,918 Liabilities settled (623,818)(1,297,243) Change in estimate (1,219,512)1,056,990 Accretion expense 1,162,839 996,272 Balance - December 31 21,853,928 18,723,532 Less curent portion of asset retirement liability (2,476,585)(765,355) Total non-curent asset retirement liability $19,377,343 $17,958,177 Trapper has an agreement with its Buyers where the Buyers wil reimburse Trapper for reclamation activities after the mine closes, which is anticipated to occur in 2020 (see Note 5). As of December 31, 2010 and 2009, the Company had recorded a curent receivable of approximately $2,477,000 and $689,000 and a long-term receivable of approximately $11,516,000 and $10,913,000, respectively. These reimbursements increase the revenue that Trapper recognzes for its reclamation activities. As of December 31,2010 and 2009, the Company has recorded a net ARO asset within propert, equipment, and facilities - net, of approximately $7,861,000 and $6,511,000, respectively. 8. DEBT Debt as of December 31,2010 and 2009, is as follows: Total debt 2010 2009 $5,561,898 $6,969,547 612,996 745,518 5,656,832 9,648,947 12,193,913 21,480,673 19,908,978 (5,009,714)(4,084,859) $16,470,959 $15,824,119 Long-term ban loan - LeToureau loader Long-term bank loan - Grader Long-term ban loan - Constrction loan Capital finance leases Less curent porton of debt Total non-curent debt - 13 - As of December 31, 2010, the futue payments on long-term debt are as follows: Capital Years Ended Long Term Finance December 31 Bank Loans Leases Total 2011 $2,310,735 $3,195,214 $5,505,949 2012 2,436,061 3,195,213 5,631,274 2013 2,573,064 3,195,213 5,768,277 2014 1,824,517 1,065,071 2,889,588 2015 848,071 848,071 Thereafter 1,839,278 1,839,278 Total payments 11,831,726 10,650,711 22,482,437 Less amounts representing interest 1,001,764 1,001,764 Total debt $11,831,726 $9,648,947 $21,480,673 The Company has two long-term bank loans with Bank of Colorado dated June 15,2009 and December 1,2009, in the amounts of $7,650,000 and $745,518 for the purchase of a LeToureau loader and a Caterpilar grader, respectively. The re-payments schedules are based on 20 quarerly installments begining September 15,2009 and March 15,2010, and continuing each 15th day of each consecutive third month thereafter, respectively, with an interest rate of 5.35% calculated on the unpaid balances. These long-term loans are collateralized by substantially all the assets of the Company as well as proceeds from the Craig Station Fuel Agreement and excluding four Komatsu haul trcks. The long- term loans are subject to compliance with financial covenants relating to the curent ratio and tangible net worth. The Company was in compliance with these covenants at December 31, 2010 and December 31,2009. The Company has four capital finance leases with Wells Fargo Equipment Finance, Inc. dated August 27, 2009, in the amounts of$3,575,828, $3,233,328, $3,233,328, $3,233,328, respectively for the purchase of four Komatsu haul trcks. The re-payment schedules are based on 57 monthly payments in advance beginning September 15, 2009 and continuing on the 15th day of each month with an interest rate of 5.89% calculated on the unpaid principal balances. At December 31, 2010 and 2009, the gross book value of equipment under capital leases was $13,201,341 with a net carring value of$11,454,701 and $12,843,042, respectively. Amortization of assets recorded under capital leases are recorded as depreciation expense. Trapper had a long-term bank loan with First National Bank of the Rockies dated March 5,2004 requirg: 19. quarterly interest payments with payments occurrg on the last day of each quarer starting March 31, 2004, with interest calculated on the outstanding principal balance based on the Wall Street Joural Prime Rate (3.25% at June 15,2009), and 15 quarterly pricipal payments of $750,000 each with payments occurng on the last day of each quarter staring March 31, 2005 until December 31,2008, when a final payment of $3,750,000 was due. The remaining balance of $3,000,000 at December 31,2008, had been extended with the following payment schedule: 4 quarterly interest payments with payments occurng on the last day of each quarer starting March 31, 2009, with interest calculated on the outstading principal balance based on the Wall Street Journal Prime Rate (3.25% at December 31, 2008), and 4 quarerly principal payments of $750,000 each with payments occuring on the last day of each quarter starting March 31, 2009 until December 31, 2009. This long-term loan was - 14- paid off early without penalty on June 15, 2009, and was used to fud the G .E. Royalty Buyout and was collateralized by substatially all the assets of the Company as well as proceeds from the Craig Station Fuel Agreement. The Company had a capital finance lease with Caterpilar Financial Services Corporation dated March 30, 2006, in the amount of$1,596,516. The re-payment schedule was based on 36 equal monthy installments with an interest rate of 5.85% on the unpaid balance. This lease was paid off durng the year ended December 31,2009. On December 18,2009, the Company entered into a Constrction and Term Loan Agreement with Ban of Colorado to fud the constrction of a new maintenance shop buildig. Disbursements were made by monthly draw requests ($5,656,832 and $0 at December 15, 2010 and December 31, 2009,respectively) submitted by the Company. The re-payment schedule is based on 4 quarterly interest only payments begining March 15,2010 and continuing on the 15th day of each consecutive third month thereafter of that year, with an interest rate of 5.35% calculated on the unpaid pricipal balance. On December 15, 2010, the loan converted from a constrction loan to an amortized term loan in the amount of $5,656,832 andremains outstading as of December 31,2010. The re-payment schedule is based on 20 quarterly payments beginning March 15,2011 and continuing on the 15th day of each consecutive third month thereafter, with an interest rate of5.35% calculated on the unpaid balance. Begining March 15, 2016 the re-payment schedule is based on 8 quarerly payments and continues on the 15th day of each consecutive third month thereafter, with a variable interest rate equal to the FHLB rate plus 2.5 percentage points, adjusted annually, calculated on the unpaid principal balance. In no event wil the variable interest rate be less than 5% nor more than 7%. Collateral consists of substatially all assets of the Company as well as proceeds from the Craig Station Fuel Agreement and excludig four Komatsu haul trcks. The loan is subject to compliance with financial covenants relatig to the curent ratio and tangible net worth. The Company was in compliance with these covenants at December 31, 2010. 9. COMMITMENTS AND CONTINGENCIES In accordance with the Fuel Agreement (see Note 1), cost savings that arise from increased productivity at the Trapper Mine are shared with the Buyers. Trapper passes these savings on to the Buyers via credits on sales invoices. To ensure the credits are appropriately passed on to the Buyers an audit of Trapper sales invoices is performed annually. 10. SUBSEQUENT EVENTS The Company has evaluated subsequent events through June 13,2011, which is the date the fmancial statements were issued. ****** - 15 -