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NextEra Energy

Website:

www.nexteraenergy.com/
Location:

Juno Beach, FL
Tax ID:

59-2449419
Type:

Utility Company
Net Income (2022):

$3.24 billion

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NextEra Energy is the world’s largest utility company. It has a presence in 49 states and four Canadian provinces. 1 It has two principal business interests, Florida Power & Light Company and NextEra Energy Resources. 2

In 2023, some shareholders filed a lawsuit against NextEra Energy claiming it had engaged in “political misconduct.” Florida Power & Light reportedly paid $3 million during a four-year period to a nonprofit that paid $550,000 to finance the campaigns of the three political “ghost candidates” who were believed to be running solely to confuse voters and undermine candidates Florida Power & Light opposed. 3 That led to a 2023 lawsuit filed by shareholders. 4

In 2022, ESI Energy, a wholly owned subsidiary of a NextEra Energy subsidiary that operates wind energy generation, pleaded guilty to killing eagles with its wind turbines. 5 A U.S. Fish and Wildlife Service official said ESI Energy showed a “blatant disregard” for wildlife laws. 6

In 2013, NextEra Energy Canada filed a lawsuit against a 32-year-old mother of two. 7 The company claimed Esther Wrightman had defamed the company by altering its logo to say “NextError” and “Next Terror” on her blog. 8

Background

According to NextEra Energy’s 2020 annual report, it has two principal business interests, Florida Power & Light Company, and NextEra Energy Resources. 9

Florida Power & Light Company is the largest electric utility in Florida, with about 5.8 million customer accounts. 10 NextEra Energy Resources is the world’s largest generator of weather-dependent energy from the wind and sun and is a major battery storage operator. 11

NextEra Energy has wind facilities  in 22 states, solar facilities in 30 states, and nuclear-power facilities in three states. 12

Leadership

John Ketchum has been president and chief executive officer and a director of NextEra Energy since March 2022 and has been its chairman since July 2022. Ketchum joined NextEra Energy in 2002. 13 In his tenure at NextEra Energy, Ketchum has worked as executive vice president and finance and chief financial officer. He has also been chief financial officer of Florida Power & Light Company. 14

David Porges is on the board of directors of NextEra Energy. 15 Porges joined EQT Corporation in 1998 as senior vice president and chief financial officer and was EQT Corporation’s CEO. 16 EQT Corporation is the largest producer of natural gas in the U.S. 17

Maria Henry is on the board of directors of NextEra Energy, to which she was appointed in September 2023. Henry was also the chief financial officer of Kimberly-Clark Corporation from 2015 to 2022. She sits on the boards of directors of NIKE, Inc., and General Mills, Inc. 18

Political Engagement

Individual contributors and political action committees affiliated with NextEra Energy’s affiliates such as Florida Power & Light, Gulf Power, NextEra Power Marketing, NextEra Energy Resources, and NextEra Energy Seabrook made $2.8 million in political contributions during the 2022 election cycle, according to OpenSecrets.org. 19

The top recipient of its contributions to candidates and party committees during the 2022 election cycle was U.S. Sen. Chuck Schumer (D-NY), who received $309,500. 20 Schumer has served as Senate Majority Leader since 2021. 21

Individual contributors and political action committees affiliated with NextEra Energy and its affiliates, the National Republican Senate Committee received $214,340, the Democratic Senatorial Campaign Committee received $211,400, the Democratic Congressional Campaign Committee was given $211,354, and the National Republican Congressional Committee received $170,630 during the 2022 election cycle. 22

Financials

NextEra Energy reported $4.147 billion in net income in 2022. 23 Florida Power & Light Company reported a $3.7 billion net income, while NextEra Energy Resources reported income of $285 million in 2022. NextEra Energy reported $158.9 billion in net assets in 2022. 24

Controversies

Tax Payments

The left-of-center Institute on Taxation and Economic Policy released a 2017 report on corporate taxation and how Fortune 500 companies avoid the 35 percent federal income tax rate on their U.S. profit due to “many tax loopholes and special breaks they enjoy.” 25

The report stated that deferred tax benefits explain most of the company’s tax advantages. 26 The report stated that NextEra Energy paid less than nothing in aggregate federal income tax in the eight years from 2008 to 2015. 27 During that span, NextEra Energy made $21.5 billion in profits and had a negative tax of $313 million. The report stated the “negative tax rate” means that NextEra Energy made more after taxes than before taxes in the years it owed no net tax. The report stated that NextEra Energy had zero tax years in six of the eight years from 2008 to 2015. 28

Lawsuits Against Small Towns

In February 2017, two wind energy companies affiliated with NextEra Energy filed a federal lawsuit 29 against the town of Hinton, Oklahoma, which had a population of 3,200. 30 NextEra Energy claimed that a recently passed ordinance that targeted wind turbines and called them “a public nuisance” was illegally enacted. 31 That town ordinance thwarted $18 million per year in federal tax subsidies for NextEra Energy. 32

The city wanted to have a two-mile boundary outside of town limits where wind turbines could not be built. 33 The Hinton City Council voted in January 2017 that any wind turbines built within that two-mile zone would be considered a nuisance. 34

NextEra’s attorneys said the town lacked the legal authority to pass an ordinance that impacted wind development outside city limits within the region. 35

U.S. District Judge Stephen Friot dismissed the lawsuit in May 2017. He said the lawsuit could be refiled or amended. 36

A subsidiary of NextEra Energy filed a lawsuit in February 2017 against Almer Township in Michigan and its board of trustees. 37 Tuscola Wind III LLC claimed the township had an anti-wind agenda and was trying to stop a wind-farm development. 38

In November 2016, Almer Township implemented a temporary moratorium on wind development so that it could consider making changes to its wind ordinance. 39

NextEra said what the Almer Township board did was like changing the rules in the football game in the fourth quarter because the referee didn’t like it was winning. 40

Almer Township attorney Michael Homier said everything the township did was legal. 41

Federal Judge Thomas Ludington ruled against NextEra Energy in November 2017. 42 Ludington’s ruling stopped 19 turbines from being built in Almer Township as part of a proposed 55-wind-turbine project over three townships. 43

Reliance On Government Subsidies

NextEra Energy stated in its 2022 annual report that it “depends heavily on government policies that support utility scale renewable energy.” 44 NextEra Energy stated that any reduction or elimination of government subsidies that support weather-dependent energy could create an unsatisfactory market for new renewable energy projects and cause the corporation to abandon the “development of renewable energy projects” as well as a loss of investments. 45

From 2000 to 2015, NextEra Energy received $1.94 billion in federal grants and tax credits, according to the left-of-center Good Jobs First. 46 NextEra Energy received 90 percent of its grants from the Section 1603 program of the American Recovery and Reinvestment Act of 2009. 47 The Section 1603 program made cash payments in lieu of tax credits from the U.S. Department of Treasury to reimburse NextEra Energy for the costs of installing favored energy such as wind and solar. 48

Mountain Valley Pipeline

The Mountain Valley Pipeline is a $6.6 billion, 49 303-mile, natural-gas pipeline system that goes from northwestern West Virginia to southern Virginia. 50 NextEra Capital Holdings, LLC, is part owner of the pipeline. 51

In January 2022, the U.S. Court of Appeals for the Fourth Circuit invalidated key permits involving the natural-gas pipeline that were issued by U.S. Fish and Wildlife Service and the U.S. Forest Service. 52

Congressional Republicans and President Joe Biden struck a deal in May 2023 to raise the debt ceiling; as part of the deal, provisions were included to help the pipeline be approved more quickly by modifying federal permitting policies and exempting the permits from judicial review. 53

The radical environmentalist group Climate Defiance planned to protest the deal by protesting at the home of U.S. Senate Majority Leader Chuck Schumer (D-NY). 54 NextEra Energy is a major donor to Schumer. 55 NextEra Energy’s employees and political action committee gave $302,600 to Schumer in the 2022 election cycle according to the New York Times. 56

A subsidiary of NextEra Energy announced in May 2023 that it was selling its natural-gas pipeline assets and focusing on 100 percent weather-dependent energy strategy. 57

Eagles and Wind Energy

ESI Energy Inc. is a wholly owned subsidiary of a NextEra Energy subsidiary that operates wind-energy generation facilities in Wyoming, New Mexico, Arizona, California, Colorado, Illinois, North Dakota, Michigan, and other states. 58

ESI Energy was sentenced pursuant to a plea agreement for three counts of violating the Migratory Bird Treaty Act in April 2022 due to the documented deaths of golden eagles that were struck by wind-turbine blades at facilities in Wyoming and New Mexico. 59 ESI Energy stated that at least 150 bald and golden eagles had died from 2012 through 2022. 60

The court fined ESI Energy $1.86 million and ordered $6.2 million in restitution and put the company on five years of probation. 61 ESI Energy was ordered to follow a plan to minimize the deaths of eagles and had to spend at least $27 million on the plan. 62

A U.S. Fish and Wildlife Service official stated that ESI Energy had for years been unwilling to work with the U.S. Fish and Wildlife Service and showed a “blatant disregard” for wildlife laws. 63

Model Zoning Guidelines

The Michigan State University (MSU) Extension pulled down from its website a model zoning ordinance for wind-turbine developments after discussions with an attorney representing NextEra Energy. 64

The original document suggested recommended setbacks for wind turbines and noise limits that some industry officials said would have impeded wind energy development. 65 The original pamphlet was uploaded in March 2017 and then taken down and replaced with a new version by August 2017. 66 The new version had different setbacks and noise standards that were less restrictive.

Kurt Schindler and Brad Neumann of MSU Extension developed the standards for the original recommendations for wind developments and their work was reviewed by an attorney for Consumers Energy, a utility company involved in wind energy development in Michigan. 67

David Ivan, who also works for MSU Extension, said he discussed the pamphlet with an attorney representing NextEra Energy. 68

MSU spokesman Jason Cody said the document was taken down because the original pamphlet could be mistakenly interpreted as a recommendation rather than its intended purpose, to be a discussion point. 69

The discussions about the pamphlet were uncovered in emails that were released as pursuant to a Freedom of Information Act request by Mason County Commissioner Cary Shineldecker. 70

“Ghost Candidates”

A shareholder lawsuit filed in 2023 71 alleged that directors and executives of NextEra Energy engaged in “political misconduct” that opened the company to “reputational risk,” lawsuits, and led to a drop in the stock price of the company. 72

The lawsuit claimed Florida Power & Light Company, NextEra Energy’s primary subsidiary and a regulated utility, hired a political consulting firm that orchestrated improper political expenditures that may have violated state and federal campaign finance laws. 73 The political consultant Matrix LLC allegedly used several nonprofits to steer funding to “ghost candidates” set up as spoilers in hopes of derailing political candidates that were deemed unfriendly in the 2020 election cycle of the Florida state legislature. 74

There were reports that the Florida Power & Light Company spied on journalists who were reporting on issues that were deemed negative and offered public officials jobs while bidding to privatize certain public utilities. 75

The consulting firm did “extensive research” on Florida Times-Union columnist Nate Monroe, including his personal life, and he was under surveillance in the fall of 2020, the Florida-Times Union reported. 76 The surveillance included a photo of Monroe with his then-girlfriend walking a dog. 77 The then-CEO of Matrix emailed the research on the reporter to Florida Power & Light Company’s vice president of state legislature affairs in October 2019. 78 Florida Power & Light Company stated it did not have any records it received the report on the reporter and it would not condone it. 79

In March 2021, former Florida State Representative Frank Artiles (R) was arrested for allegedly creating a scheme to push a sham candidate in a state Senate race to favor the GOP. 80 Democratic incumbent Jose Javier Rodriguez lost the 2020 race by fewer than 35 votes. 81 An auto-parts dealer named Alex Rodriguez ran as an independent and received just under 6,000 votes. 82  Investigators said that Artiles planted Alex Rodriguez in the race because he had the same surname as Jose Javier Rodriguez, in hopes it would confuse voters. 83 Artiles allegedly paid Alex Rodriguez $44,708. 84 Alex Rodriguez did not live in the district and had to forge a different address. 85

The Orlando Sentinel reported Florida Power & Light may have helped coordinate three “ghost” candidates, reportedly including Alex Rodriguez, to help its own business interests in the state. 86 Florida Power & Light may have paid $3 million from 2016 to 2020 to a nonprofit that paid $550,000 to support the campaigns of the three “ghost candidates. 87

U.S. Representative Kathy Castor (D-FL) sent a letter in July 2022 to U.S. Attorney General Merrick Garland saying that media reports had exposed “apparent corruption, influence peddling and breaches of the public trust” by Florida Power & Light. 88 Castor asked the U.S. Department of Justice to investigate Florida Power & Light. 89

Castor introduced legislation in August 2023 that would prohibit utilities from using ratepayer money to fund political activities. 90

Speech Litigation

NextEra Energy Canada filed a lawsuit in 2013 91 against a 32-year-old mother of two for allegedly defaming the company name in a video and blog that were published earlier that year. 92

Esther Wrightman lived in tiny Adelaide Township, with a population of 3,000, west of London, Ontario, in Canada. She received a letter from NextEra Energy Canada stating the company was going to file a defamation lawsuit against her because of content she posted on her blog in 2013. 93

Wrightman had been critical of the company’s efforts to put up a 38-wind-turbine project right next to her home, 94 but the company’s plans were still successful.

Wrightman had posted a video in which she changed the company’s logo to read “NextError” and “Next Terror.” 95

Wrightman said she did not have the money to fight the legal battle because her husband was receiving a disability pension and she worked a part-time job. 96

NextEra spokesman Steve Stengel said in January 2014 that the company wanted Wrightman to remove the altered logos on her videos. Stengel said Wrightman could end the litigation immediately by removing the altered logos from the websites she controls. 97

In 2015, National Review reported that Wrightman and her family had moved to another province, but NextEra had not dropped its lawsuit. 98

Efforts to Slow Rooftop Solar Growth

Florida Power & Light Company wrote legislation that would hurt rooftop solar power generation and gave it to state lawmakers and asked them to introduce it in 2021. 99 The legislation would prevent homeowners and businesses from offsetting costs by selling excess power to Florida Power & Light, which is known in the industry as net metering. 100 Florida Senate records showed that State Sen. Jennifer Bradley (R) introduced the legislation and NextEra then donated $10,000 to Bradley’s political committee. 101

Then-Florida State Sen. Jose Javier Rodriguez (D) introduced a bill in 2019 that would allow landlords to sell directly to their tenants and bypass Florida Power & Light Company. 102

“I want you to make his [Sen. Rodriguez’s] life a living hell … seriously,” Florida Power & Light Company CEO Eric Silagy said in a 2019 email to two vice presidents, according to The Guardian. 103

Withdrew Membership from Nuclear Industry Trade Group

NextEra Energy and Florida Power & Light Company stopped paying $3 million in annual membership dues to the Nuclear Energy Institute in January 2018. 104 NextEra Energy told the top nuclear industry trade group in the U.S. that remaining as a member was harmful to its interests. 105

NextEra Energy and Florida Power & Light Company reportedly did not approve of the direction taken by the Nuclear Industry Institute. The Palm Beach Post reported that the Nuclear Energy Institute had tried to undermine the production of electricity from sources other than nuclear power, according to a lawsuit filed by NextEra Energy. 106

Campaign Against South Miami Mayor

Philip Stoddard was elected mayor of South Miami in 2010 and is also a biology professor at Florida International University. 107 Stoddard has called Florida Power & Light Company an “evil genius.” He said then-Florida Governor Rick Scott (R) stocked the Public Service Commission with pro-utility members who would easily approve the requests made by the utilities. 108

The Guardian reported Florida Power & Light Company and its consultant Matrix worked to defeat Stoddard. 109 Matrix hired private investigators to look into Stoddard and had “operatives” pay for attack advertisements on Stoddard. 110

A 2018 memo from Matrix contractor Dan Newman called for defeating Stoddard in that year’s election. Matrix used South Miami commissioner Valerie Newman’s claim on Facebook that Stoddard had forcibly kissed her and had her do a robocall in which she called Stoddard “a creep.” 111 Stoddard denied the accusation. 112 Then-Matrix CEO Jeff Pitts forwarded a draft of the script of the robocall to two Florida Power & Light Company executives. Newman took credit for a Miami Herald story about the allegation against Stoddard made by the South Miami commissioner. 113

Matrix-led nonprofits funded several attack ads against Stoddard and linked him to alleged celebrity sex offenders like Bill Cosby and Harvey Weinstein. Stoddard won re-election in 2018. 114

Rate Increases

Alissa Schafer, research and communications manager for the Energy and Policy Institute, alleged in 2023 that former Florida Power & Light Company CEO Eric Silagy investigated Public Service Commission commissioners in 2009 and distributed negative information on critics. 115

Silagy was able to get a more friendly Public Service Commission to approve Florida’s largest rate increase ever in 2021, after which the utility’s customers will pay $5 billion in higher costs over a four-year period. 116

Wind Turbine Failures

NextEra Energy suffered four wind-turbine failures in five weeks in 2017. 117

A blade on a 160-feet turbine snapped and dangled from its rotor in June 2017 in Saginaw County, Michigan. 118 That turbine was one of 75 at the Tuscola Bay Wind Energy Center. Also in June, one of 44 turbines collapsed at the Steele Flats wind farm in Nebraska. 119 A wind turbine caught fire in June in Iowa and one of the blades fell to the ground. 120 In May, another turbine blade fell from a turbine at the Breckenridge Wind Energy Center in Oklahoma. 121

NextEra Energy Spokesman Bryan Garner said the company viewed the incidents as “isolated equipment issues” and stated no one was injured. 122 NextEra Energy owned and operated about 10,000 wind turbines in 2017 with a combined 30,000 blades. 123 Garner said there were five to six blade failures a year. 124

New Hampshire Transmission Refund

New Hampshire Transmission agreed to refund New England ratepayers $6.8 million in 2016 in a settlement where it was alleged the company improperly included millions of dollars of development costs in its transmission rates. 125

Then-Massachusetts Attorney General Maura Healey (D) filed a complaint with the Federal Energy Regulatory Commission in April 2015. Healey’s office stated it didn’t think that New England’s consumers should pay for $9.9 million that New Hampshire Transmission spent on a transmission project. 126

New Hampshire Transmission’s petition described New Hampshire Transmission’s connection to NextEra Energy in this manner: “NHT is a wholly owned subsidiary of NextEra Energy Transmission, LLC, which in turn is a wholly owned subsidiary of NextEra Energy Infrastructure, LLC (“NEEI”), which is a wholly owned subsidiary of NextEra Energy Capital Holdings, Inc. (“NextEra Capital”), which is a wholly owned subsidiary of NextEra Energy, Inc.” 127

References

  1. NextEra Energy. Our Company. Accessed Nov. 7, 2023. https://www.nexteraenergy.com/company.html
  2. NextEra Energy. Annual Report 2022. Accessed Oct. 29, 2023. https://www.investor.nexteraenergy.com/~/media/Files/N/NEE-IR/reports-and-fillings/annual-reports/NEE%202022%20Annual%20Report.pdf
  3. Jon Skolnik. “Mystery Of Florida’s ‘Ghost’ Candidates Grows: Major Energy Company Linked To GOP Scheme”; Salon. Dec. 11, 2021. Accessed Oct. 29, 2023. https://www.salon.com/2021/12/11/mystery-of-floridas-ghost-candidates-grows-major-energy-company-linked-to-scheme/
  4. Ben Miller. “NextEra Directors, Executives Sued Over ‘Political Misconduct’”; Bloomberg Law. Sept. 7, 2023. Accessed Oct. 29, 2023. https://news.bloomberglaw.com/litigation/nextera-directors-executives-sued-over-political-misconduct
  5. U.S. Department Of Justice. “ESI Energy LLC, Wholly Owned Subsidiary Of Nextera Energy Resources LLC, Is Sentenced After Pleading Guilty To Killing And Wounding Eagles In Its Wind Energy Operations, In Violation Of The Migratory Bird Treaty Act”; April 5, 2022. Accessed Oct. 29, 2023. https://www.justice.gov/opa/pr/esi-energy-llc-wholly-owned-subsidiary-nextera-energy-resources-llc-sentenced-after-pleading
  6. U.S. Department Of Justice. “ESI Energy LLC, Wholly Owned Subsidiary Of Nextera Energy Resources LLC, Is Sentenced After Pleading Guilty To Killing And Wounding Eagles In Its Wind Energy Operations, In Violation Of The Migratory Bird Treaty Act”; April 5, 2022. Accessed Oct. 29, 2023. https://www.justice.gov/opa/pr/esi-energy-llc-wholly-owned-subsidiary-nextera-energy-resources-llc-sentenced-after-pleading
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