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8-K - 8-K - CLOUD PEAK ENERGY INC.a11-28342_18k.htm

Exhibit 99.1

 

GRAPHIC

 

FOR IMMEDIATE RELEASE

 

October 27, 2011

 

Contact: Cloud Peak Energy Inc.
Karla Kimrey
Vice President, Investor Relations
720-566-2900

 

CLOUD PEAK ENERGY INC. ANNOUNCES RESULTS FOR
THIRD QUARTER AND FIRST NINE MONTHS OF 2011

 

Gillette, WY, October 27, 2011 — Cloud Peak Energy Inc. (NYSE:CLD), one of the largest U.S. coal producers and the only pure-play Powder River Basin (PRB) coal company, today announced results for the third quarter and first nine months of 2011.

 

2011 Third Quarter and Nine Months Highlights

 

·                  Adjusted EBITDA(1) of $87.9 million in the third quarter of 2011 compared with $94.5 million in the third quarter of 2010; Adjusted EBITDA of $258.8 million compared with $253.1 million for the first nine months of 2010.

 

·                  Net income of $24.6 million resulting in Adjusted EPS(1) of $0.61 compared to $0.60 in the third quarter of 2010; for the nine months 2011, net income of $146.0 million resulting in Adjusted EPS of $1.78 compared to $1.39 in the first nine months of 2010.

 

·                  Diluted EPS of $0.41 compared to a loss of $0.22 in the third quarter of 2010; diluted EPS of $2.41 compared to $0.68 in the first nine months of 2010.

 

·                  Asian exports were up approximately 48 percent to 1.4 million tons from 0.9 million tons in the third quarter of 2010.  For the first nine months, Asian exports were 3.7 million tons up 47 percent from 2.5 million tons exported in the first nine months of 2010.

 

·                  Cash and cash equivalents increased to $437.6 million during the third quarter of 2011 following the release of $86.6 million from previously restricted cash, and cash flow from operations of $93.7 million in the third quarter.

 

“Our third quarter was highlighted by our mines’ continued strong operating performance and the continued expansion of our Asian exports by 48 percent over the third quarter of last year,” said Colin Marshall, President and Chief Executive Officer.  “Flooding in the Midwest affected railroad performance from May to September; however, by late September the railroads’ performance had returned to normal, which has allowed us to

 


(1)  Defined later.

 

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improve our full-year guidance.  Costs are under control and our exports are expected to be above 4.5 million tons for the full year.”

 

Operating Highlights(1)

 

 

 

Q3

 

Q3

 

First Nine
Months

 

First Nine
Months

 

 

 

2011

 

2010

 

2011

 

2010

 

Tons Sold (in millions)

 

24.4

 

25.1

 

70.5

 

70.4

 

Realized price per ton sold

 

$

12.91

 

$

12.36

 

$

12.88

 

$

12.31

 

Average cost of product sold per ton

 

$

9.17

 

$

8.36

 

$

9.12

 

$

8.41

 

 


(1)Includes the three company-operated mines only.

 

For the third quarter, sales from our three company-operated mines were 24.4 million tons, down from 25.1 million tons in the third quarter of 2010 due to flood related interruptions to rail services which reduced shipments from May to mid-September.  Adjusted EBITDA declined slightly to $87.9 million, driven by lower volumes.  Realized price per ton increased to $12.91.  Average cost of product sold per ton was $9.17, up from last year due to the lower volumes mined, higher diesel prices, increased repairs and maintenance, and higher strip ratios.  For the first nine months, we generated Adjusted EBITDA of $258.8 million up from $253.1 million for the same period in 2010 driven by strong export sales and higher realized prices.

 

Health, Safety and Environment Record

 

During the first nine months of 2011, of our approximately 1,550 employees, we suffered 10 minor reportable injuries resulting in a year-to-date MSHA All Injury Frequency Rate of 0.91, an increase over the full year 2010 rate of 0.58.  We continue to focus on the safety of all of our employees and contractors.

 

Balance Sheet and Cash Flow

 

Cash flow from operations totaled $93.7 million for the third quarter of 2011.  Capital expenditures were $29.8 million.  Coal lease acquisition payments for the quarter were $50.2 million.

 

Unrestricted cash on hand as of September 30, 2011 was $437.6 million up from $326.7 million at June 30, 2011.  Cloud Peak Energy’s balance sheet continues to be well positioned with total available liquidity of $927.1 million as of September 30, 2011.  Supported by our strong operational performance, we were able to secure reductions in collateral requirements from almost all of our surety bond providers, thereby releasing $86.6 million of restricted cash during the third quarter of 2011.

 

During the three months ended September 30, 2011, the company completed its annual update to the undiscounted estimated liability owed to Rio Tinto under the Tax Receivable Agreement which was established in connection with the IPO.  The estimated liability was updated for the finalization of the effects of the Secondary Offering, based on the final 2010 tax returns which were completed in the third quarter.  This resulted in a $29.9 million reduction in the estimated liability and a corresponding credit to “Additional paid-in capital” in the equity section of the balance sheet.

 

The estimated liability was also updated for the latest life of mine budgets and operating plans.  Because of the reduced future tax benefit expected to be received as explained above, there was a further decrease in the estimated liability compared to the second quarter, resulting in a $22.9 million benefit to non-operating income for the three months ended September 30, 2011.  Also in relation to the third quarter Tax Receivable

 

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Agreement updates, the income tax expense line item was impacted with a net charge of $35.5 million which related to changes in deferred tax assets and valuation allowance following the updates.

 

The total undiscounted estimated liability owed to Rio Tinto under the Tax Receivable Agreement was $180.0 million at September 30, 2011, of which $9.4 million was classified as current and the remainder non-current.

 

The changes to the income statement in relation to the Tax Receivable Agreement are non-cash and non-operating in nature.  To better reflect the underlying performance of our core operations, we exclude the Tax Receivable Agreement impacts in our presentation of Adjusted EBITDA and Adjusted EPS.

 

Outlook

 

The outlook for the rest of 2011 and 2012 is positive with the operations well placed and domestic demand forecast to be stable. Again in 2012, we expect to achieve our sales target of entering each year essentially fully contracted.  We will face normal cost pressures due to increasing workload (strip ratios and haul distances) and rising input prices for parts, tires, wages and fuel.  Knowing how much we expect to ship reduces production variations at the mines greatly improving operating efficiency and allowing us to concentrate on productivity improvement projects to help offset cost increases.  For 2012, we have currently contracted to sell 92 million tons, of which 82 million tons are under fixed-price contracts with a weighted-average price of $13.44 per ton.  For 2013, we have currently contracted to sell 73 million tons from our three company-operated mines.  Of this committed 2013 production, 57 million tons are under fixed-price contracts with a weighted-average price of $14.25 per ton.

 

A major uncertainty for the medium term is the impact of the multiple environmental regulations that are currently facing coal burning utilities.  On August 8, 2011, the U.S. Environmental Protection Agency (“EPA”) published the Cross-State Air Pollution Rule (“CSAPR”).  Since CSAPR was announced, with its January 1, 2012 start date, there has been increased interest in our low sulfur Antelope coal and an associated increase in price relative to the standard 0.8 lbs SO2/mmBtu.  However, the uncertainty around CSAPR and possible delays related to the many legal challenges are now causing some utilities to hold back on coal purchases as they try to work out the best approach for their power plants.

 

For Cloud Peak Energy, it currently appears that CSAPR will increase demand for ultra-low sulfur Antelope coal while the impact on domestic demand for Spring Creek and Cordero Rojo coal is not yet clear.  The longer term impact of CSAPR will depend on, among other things, the final form and possible delay to the rule, the extent of fuel switching, installation of scrubbers, plant closures and reduced operating hours.

 

The medium term impacts of CSAPR and other proposed rules such as the Utility MACT are uncertain; however, it does appear they will increase the cost of electricity with the associated reduction in US job creation and economic growth.

 

Cloud Peak Energy’s total 2011 Asian exports are expected to be above 4.5 million tons, around 4.0 million of which will be through the Westshore terminal in Vancouver, B.C. with the balance through the Ridley terminal in Prince Rupert, B.C.  While demand from our Asian customers remains strong, next year’s exports will again be limited by available terminal capacity.  In 2012, we will aim to export similar tonnage through Westshore by working to maximize shipments as opportunities arise through the year.  There are currently 0.3 million tons contracted to go through the Ridley terminal in 2012.  As previously disclosed, exports through the Ridley terminal incur significantly higher rail costs than through Westshore due to the longer multi railroad haul. We

 

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will continue to make additional sales through Ridley and also to Europe when prices and logistics make them viable.

 

Updated Guidance — 2011 Financial and Operational Estimates

 

The following table provides the company’s current outlook and assumptions for selected 2011 financial and operational metrics:

 

Item

 

Estimate or Estimated Range

Coal production for our three operated mines *

 

94 — 95.5 million tons

Committed sales with fixed prices *

 

Approximately 94.8 million tons

Anticipated realized price of produced coal *

 

Approximately $12.93 per ton

Average cost of produced coal *(1)

 

$9.10 - $9.30 per ton

Additional operating margin *

 

$35 - $45 million

Selling, general and administrative expenses *

 

$50 - $55 million

Interest expense *

 

$35 - $45 million

Depreciation, depletion and accretion *

 

$90 - $100 million

Effective income tax rate *(2)

 

Approximately 36%

Capital expenditures (excludes federal coal leases) *(3)

 

$115 - $130 million

Committed federal coal lease payments

 

$133 million

 


(1)Represents average Cost of Product Sold for produced coal for our three operated mines.

(2)Excluding impact of the Tax Receivable Agreement.

(3)Includes capitalized interest.

*Updated this quarter.

 

Conference Call Details

 

A conference call with management is scheduled at 5:00 p.m. ET on October 27, 2011, to review the results and current business conditions.  The call will be webcast live over the internet from the Company’s website at www.cloudpeakenergy.com under “Investor Relations”.  Participants should follow the instructions provided on the website for downloading and installing the audio applications necessary to join the webcast.  Interested individuals also can access the live conference call via telephone at 866.770.7125 (domestic) or 617.213.8066 (international) and entering pass code 28966800.

 

Following the live web cast, a replay will be available at the same URL on the company’s Web site for seven days.  A telephonic replay will also be available approximately two hours after the call and can be accessed by dialing 888.286.8010 (domestic) or 617.801.6888 (international) and entering pass code 90412427.  The telephonic replay will be available for seven days.

 

About Cloud Peak Energy®

 

Cloud Peak Energy Inc. (NYSE:CLD) is headquartered in Wyoming and is one of the largest U.S. coal producers and the only pure-play PRB coal company.  As one of the safest coal producers in the nation, Cloud Peak Energy specializes in the production of low sulfur, subbituminous coal.  The company owns and operates three surface coal mines in the PRB, the lowest cost major coal producing region in the nation.  The Antelope and Cordero Rojo mines are located in Wyoming and the Spring Creek mine is located near Decker, Montana.  With approximately 1,550 employees, the company is widely recognized for its exemplary performance in its

 

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safety and environmental programs.  Cloud Peak Energy is a sustainable fuel supplier for approximately 4 percent of the nation’s electricity.

 

Cautionary Note Regarding Forward-Looking Statements

 

This release and our related presentation contain “forward-looking statements” within the meaning of the safe harbor provisions of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934.  Forward-looking statements are not statements of historical facts and often contain words such as “may,” “will,” “expect,” “believe,” “anticipate,” “plan,” “estimate,” “seek,” “could,” “should,” “intend,” “potential,” or words of similar meaning.  Forward-looking statements are based on management’s current expectations, beliefs, assumptions and estimates regarding our company, industry, economic conditions, government regulations and energy policies and other factors.  Forward-looking statements may include, for example, (1) our outlook for 2011 and future periods for our company, the PRB and the industry in general, and our operational, financial and export guidance; (2) anticipated economic conditions and demand by domestic and foreign utilities, including the anticipated impact on demand driven by CSAPR and other regulatory developments; (3) prices for natural gas and other alternative sources of energy used to generate electricity; (4) coal stockpile levels and the impacts on future demand; (5) our plans to replace and/or grow our coal tons; (6) business development and growth initiatives; (7) operational plans for our mines; (8) our cost management efforts; (9) industry estimates of the EIA and other third party sources; (10) estimated Tax Receivable Agreement liabilities; and (11) other statements regarding our plans, strategies, prospects and expectations concerning our business, operating results, financial condition and other matters that do not relate strictly to historical facts. These statements are subject to significant risks, uncertainties, and assumptions that are difficult to predict and could cause actual results to differ materially from those expressed or implied in the forward-looking statements.  Factors that could adversely affect our future results include, for example, (a) future economic conditions; (b) demand for our coal by the domestic electric generation industry, export demand and terminal capacity and the price we receive for our coal; (c) reductions or deferrals of purchases by major customers and our ability to renew sales contracts; (d) environmental, health, safety, endangered species or other legislation, regulations, court decisions or government actions, or related third-party regulatory legal challenges, including any new requirements (such as CSAPR) affecting the use, demand or price for coal or imposing additional costs, liabilities or restrictions on our mining operations; (e) public perceptions, third-party regulatory legal challenges or governmental actions and energy policies relating to concerns about climate change, including emissions restrictions and governmental subsidies that make wind, solar or other alternative fuel sources more cost-effective and competitive with coal; (f) operational, geological, equipment, permit, labor, weather-related and other risks inherent in surface coal mining; (g) our ability to efficiently conduct our mining operations, (h) transportation and export terminal availability, performance and costs; (i) availability, timing of delivery and costs of key supplies, capital equipment or commodities such as diesel fuel, steel, explosives and tires; (j) our ability to acquire future coal tons through the federal LBA process and necessary surface rights in a timely and cost-effective manner and the impact of third-party regulatory legal challenges, (k) access to capital and credit markets and availability and costs of credit, surety bonds, letters of credit, and insurance; (l) the impact of direct and indirect competition from coal producers and competing sources of energy, domestically and internationally; (m) litigation and other contingent liabilities; and (n) other risk factors described from time to time in the reports and registration statements we file with the Securities and Exchange Commission (“SEC”), including those in Item 1A - Risk Factors in our most recent Form 10-K and any updates thereto in our Forms 10-Q and current reports on Forms 8-K. There may be other risks and uncertainties that are not currently known to us or that we currently believe are not material.  We make forward-looking statements based on currently available information, and we assume no obligation to, and expressly disclaim any obligation to, update or revise publicly any forward-looking statements made in this release or our related presentation, whether as a result of new information, future events or otherwise, except as required by law.

 

Non-GAAP Financial Measures

 

This release and our related presentation include the non-GAAP financial measures of (1) Adjusted EBITDA and (2) Adjusted Earnings Per Share (“Adjusted EPS”).  Adjusted EBITDA and Adjusted EPS are intended to provide additional information only and do not have any standard meaning prescribed by generally accepted accounting principles in the U.S., or GAAP.  A quantitative reconciliation of net income to Adjusted EBITDA and EPS (as defined below) to Adjusted EPS is found in the tables accompanying this release.

 

EBITDA represents net income before (1) interest income (expense) net, (2) income tax provision, (3) depreciation and depletion, (4) amortization, and (5) accretion.  Adjusted EBITDA represents EBITDA as further adjusted to exclude specifically

 

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identified items that management believes do not directly reflect our core operations.  The specifically identified items are the income statement impacts, as applicable, of: (1) the Tax Receivable Agreement and (2) our significant broker contract that expired in the first quarter of 2010.

 

Adjusted EPS represents diluted earnings (loss) per share attributable to controlling interest (“EPS”), adjusted to exclude the estimated per share impact of the same specifically identified items used to calculate Adjusted EBITDA and described above.

 

Adjusted EBITDA is an additional tool intended to assist our management in comparing our performance on a consistent basis for purposes of business decision-making by removing the impact of certain items that management believes do not directly reflect our core operations.  Adjusted EBITDA is a metric intended to assist management in evaluating operating performance, comparing performance across periods, planning and forecasting future business operations and helping determine levels of operating and capital investments.  Period-to-period comparisons of Adjusted EBITDA are intended to help our management identify and assess additional trends potentially impacting our company that may not be shown solely by period-to-period comparisons of net income.  Adjusted EBITDA is also used as part of our incentive compensation program for our executive officers and others.

 

We believe Adjusted EBITDA and Adjusted EPS are also useful to investors, analysts and other external users of our consolidated financial statements in evaluating our operating performance from period to period and comparing our performance to similar operating results of other relevant companies.  Adjusted EBITDA allows investors to measure a company’s operating performance without regard to items such as interest expense, taxes, depreciation and depletion, amortization and accretion and other specifically identified items that are not considered to directly reflect our core operations.  Similarly, we believe our use of Adjusted EPS provides an appropriate measure to use in assessing our performance across periods given that this measure provides an adjustment for certain specifically identified significant items that are not considered to directly reflect our core operations, the magnitude of which may vary drastically from period to period and, thereby, have a disproportionate effect on the earnings per share reported for a given period.

 

Our management recognizes that using Adjusted EBITDA and Adjusted EPS as performance measures has inherent limitations as compared to net income, EPS or other GAAP financial measures, as these non-GAAP measures exclude certain items, including items that are recurring in nature, which may be meaningful to investors.  Adjusted EBITDA and Adjusted EPS should not be considered in isolation and do not purport to be alternatives to net income, EPS or other GAAP financial measures as a measure of our operating performance.  Because not all companies use identical calculations, our presentations of Adjusted EBITDA and Adjusted EPS may not be comparable to other similarly titled measures of other companies.  Moreover, our presentation of Adjusted EBITDA is different than EBITDA as defined in our debt financing agreements.

 

SOURCE: Cloud Peak Energy Inc.

 

Cloud Peak Energy Inc.
Karla Kimrey, 720-566-2900
Vice President, Investor Relations

 

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Tons Sold

 

 

 

Q3

 

Q2

 

Q1

 

Q4

 

Q3

 

Q2

 

Q3 YTD

 

Year

 

(in thousands)

 

2011

 

2011

 

2011

 

2010

 

2010

 

2010

 

2011

 

2010

 

Mine

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Antelope

 

8,901

 

9,059

 

9,166

 

9,011

 

9,481

 

8,934

 

27,127

 

35,896

 

Cordero Rojo

 

9,968

 

9,225

 

10,193

 

9,223

 

10,272

 

10,075

 

29,386

 

38,500

 

Spring Creek

 

5,502

 

4,729

 

3,714

 

5,082

 

5,338

 

4,993

 

13,945

 

19,336

 

Decker (50% interest)

 

432

 

426

 

218

 

369

 

392

 

451

 

1,076

 

1,402

 

Total

 

24,803

 

23,439

 

23,291

 

23,685

 

25,483

 

24,453

 

71,534

 

95,134

 

 

CLOUD PEAK ENERGY INC.

UNAUDITED CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS

(in thousands, except per share data)

 

 

 

Three Months Ended

 

Nine Months Ended

 

 

 

September 30,

 

September 30,

 

 

 

2011

 

2010

 

2011

 

2010

 

Revenues

 

$

406,950

 

$

372,364

 

$

1,151,174

 

$

1,024,960

 

Costs and expenses

 

 

 

 

 

 

 

 

 

Cost of product sold (exclusive of depreciation, depletion, amortization and accretion, shown separately

 

306,533

 

262,166

 

855,551

 

719,007

 

Depreciation and depletion

 

24,289

 

25,997

 

58,537

 

75,212

 

Amortization

 

 

 

 

3,197

 

Accretion

 

2,984

 

3,337

 

9,420

 

9,903

 

Selling, general and administrative expenses

 

12,971

 

16,514

 

38,905

 

47,159

 

Total costs and expenses

 

346,777

 

308,014

 

962,413

 

854,478

 

Operating income

 

60,173

 

64,350

 

188,761

 

170,482

 

Other income (expense)

 

 

 

 

 

 

 

 

 

Interest income

 

143

 

184

 

459

 

411

 

Interest expense

 

(6,848

)

(11,404

)

(27,520

)

(36,186

)

Tax agreement (expense) benefit

 

22,878

 

(19,669

)

(19,855

)

(19,669

)

Other, net

 

(103

)

84

 

(34

)

123

 

Total other expense

 

16,070

 

(30,805

)

(46,950

)

(55,321

)

Income before income tax provision and earnings from unconsolidated affiliates

 

76,243

 

33,545

 

141,811

 

115,161

 

Income tax (expense) benefit

 

(52,162

)

(14,712

)

2,025

 

(30,212

)

Earnings from unconsolidated affiliates, net of tax

 

530

 

683

 

2,142

 

2,499

 

Net income

 

24,611

 

19,516

 

145,978

 

87,448

 

Less: Net income attributable to noncontrolling interest

 

 

26,115

 

 

66,592

 

Net income (loss) attributable to controlling interest

 

$

24,611

 

$

(6,599

)

$

145,978

 

$

20,856

 

 

 

 

 

 

 

 

 

 

 

Earnings (loss) per common share attributable to controlling interest:

 

 

 

 

 

 

 

 

 

Basic

 

$

0.41

 

$

(0.22

)

$

2.43

 

$

0.68

 

Diluted

 

$

0.41

 

$

(0.22

)

$

2.41

 

$

0.68

 

Weighted-average shares outstanding - basic

 

60,007

 

30,600

 

60,003

 

30,600

 

Weighted-average shares outstanding - diluted

 

60,645

 

30,600

 

60,606

 

30,600

 

 

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CLOUD PEAK ENERGY INC.

UNAUDITED CONDENSED CONSOLIDATED BALANCE SHEETS

(in thousands)

 

 

 

September 30,

 

December 31,

 

 

 

2011

 

2011

 

 

 

(unaudited)

 

(audited)

 

ASSETS

 

 

 

 

 

Current assets

 

 

 

 

 

Cash and cash equivalents

 

$

437,560

 

$

340,101

 

Restricted cash

 

74,321

 

182,072

 

Accounts receivable, net

 

97,462

 

65,173

 

Due from related parties

 

1,382

 

434

 

Inventories

 

72,691

 

64,970

 

Deferred income taxes

 

22,794

 

21,552

 

Other assets

 

21,976

 

17,449

 

Total current assets

 

728,186

 

691,751

 

 

 

 

 

 

 

Non-current assets

 

 

 

 

 

Property, plant and equipment, net

 

1,322,097

 

1,008,337

 

Goodwill

 

35,634

 

35,634

 

Deferred income taxes

 

142,592

 

140,985

 

Other assets

 

34,493

 

38,400

 

Total assets

 

$

2,263,002

 

$

1,915,107

 

 

 

 

 

 

 

LIABILITIES AND EQUITY

 

 

 

 

 

Current liabilities

 

 

 

 

 

Accounts payable

 

$

71,928

 

$

81,975

 

Royalties and production taxes

 

144,354

 

127,038

 

Accrued expenses

 

56,670

 

51,197

 

Current portion of tax agreement liability

 

9,409

 

18,226

 

Current portion of federal coal lease obligations

 

105,926

 

54,630

 

Other liabilities

 

4,847

 

4,880

 

Total current liabilities

 

393,134

 

337,946

 

 

 

 

 

 

 

Non-current liabilities

 

 

 

 

 

Tax agreement liability, net of current portion

 

170,636

 

171,885

 

Senior notes

 

595,977

 

595,684

 

Federal coal lease obligations, net of current portion

 

186,119

 

63,659

 

Asset retirement obligations, net of current portion

 

171,184

 

182,170

 

Other liabilities

 

37,288

 

32,564

 

Total liabilities

 

1,554,338

 

1,383,908

 

 

 

 

 

 

 

Equity

 

 

 

 

 

Common stock ($0.01 par value; 200,000 shares authorized; 60,930 and 60,878 shares issued and outstanding at September 30,2011 and December 31, 2011, respectively

 

609

 

609

 

Additional paid-in capital

 

533,813

 

502,952

 

Retained earnings

 

188,274

 

42,296

 

Accumulated other comprehensive loss

 

(14,032

)

(14,658

)

Total equity

 

708,664

 

531,199

 

Total liabilities and equity

 

$

2,263,002

 

$

1,915,107

 

 

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CLOUD PEAK ENERGY INC.

UNAUDITED CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS

(in thousands)

 

 

 

Nine Months Ended
September 30,

 

 

 

2011

 

2010

 

Cash flows from operating activities

 

 

 

 

 

Net income

 

$

145,978

 

$

87,448

 

Adjustments to reconcile net income to net cash provided by operating activities:

 

 

 

 

 

Depreciation and depletion

 

58,537

 

75,212

 

Amortization

 

 

3,197

 

Accretion

 

9,420

 

9,903

 

Earnings from unconsolidated affiliates

 

(2,142

)

(2,499

)

Distributions of income from unconsolidated affiliates

 

2,000

 

15

 

Deferred income taxes

 

(9,781

)

21,330

 

Tax agreement expense

 

19,855

 

19,669

 

Stock compensation expense

 

6,315

 

5,379

 

Other, net

 

8,920

 

2,850

 

Changes in operating assets and liabilities:

 

 

 

 

 

Accounts receivable, net

 

(32,289

)

(4,733

)

Inventories

 

(7,561

)

(2,445

)

Due to or from related parties

 

(948

)

5,442

 

Other assets

 

(4,539

)

(7,762

)

Accounts payable and accrued expenses

 

23,561

 

51,837

 

Asset retirement obligations

 

(4,851

)

(4,005

)

Net cash provided by operating activities

 

212,475

 

260,838

 

 

 

 

 

 

 

Investing activities

 

 

 

 

 

Purchases of property, plant and equipment

 

(100,822

)

(56,129

)

Initial payment on federal coal leases

 

(69,407

)

 

Return of restricted cash

 

107,887

 

80,180

 

Restricted cash deposit

 

 

(218,397

)

Proceeds from the sale of assets

 

545

 

1,469

 

Net cash used in investing activities

 

(61,797

)

(192,877

)

 

 

 

 

 

 

Financing activities

 

 

 

 

 

Principal payments on federal coal leases

 

(50,902

)

(47,276

)

Distributions to Rio Tinto

 

 

(1,288

)

Other

 

(2,317

)

 

Net cash used in financing activities

 

(53,219

)

(48,564

)

Net increase (decrease) in cash and cash equivalents

 

97,459

 

19,397

 

Cash and cash equivalents at beginning of period

 

340,101

 

268,316

 

Cash and cash equivalents at end of period

 

$

437,560

 

$

287,713

 

 

9



 

CLOUD PEAK ENERGY INC. AND SUBSIDIARIES

RECONCILIATION OF NON-GAAP MEASURES

(in millions, except per share data)

 

Adjusted EBITDA

 

 

 

Three Months Ended
September 30,

 

Nine Months Ended
September 30,

 

 

 

2011

 

2010

 

2011

 

2010

 

Net income

 

$

24.6

 

$

19.5

 

$

146.0

 

$

87.4

 

Interest income

 

(0.1

)

(0.2

)

(0.5

)

(0.4

)

Interest expense

 

6.8

 

11.4

 

27.5

 

36.2

 

Income tax expense (benefit)

 

52.2

 

14.7

 

(2.0

)

30.2

 

Depreciation and depletion

 

24.3

 

26.0

 

58.5

 

75.2

 

Amortization(1)

 

 

 

 

3.2

 

Accretion

 

3.0

 

3.4

 

9.4

 

9.9

 

EBITDA

 

$

110.8

 

$

74.8

 

$

238.9

 

$

241.7

 

Expired significant broker contract(1)

 

 

 

 

(8.3

)

Tax agreement expense (benefit)

 

(22.9

)

19.7

 

19.9

 

19.7

 

Adjusted EBITDA

 

$

87.9

 

$

94.5

 

$

258.8

 

$

253.1

 

 


(1)   The impact of the expired significant broker contract on the Statement of Operations is a combination of net income and the amortization expense related to the contract.  All amortization expense for the periods presented was attributable to the significant broker contract.

 

Adjusted EPS

 

 

 

Three Months Ended

 

Nine Months Ended

 

 

 

September 30,

 

September 30,

 

 

 

2011

 

2010

 

2011

 

2010

 

Diluted earnings (loss) per common share attributable to controlling interest

 

$

0.41

 

$

(0.22

)

$

2.41

 

$

0.68

 

Expired significant broker contract

 

 

 

 

(0.11

)

Tax agreement expense (benefit)

 

(0.38

)

0.64

 

0.33

 

0.64

 

Change in net value of deferred tax assets

 

0.58

 

0.18

 

(0.96

)

0.18

 

Adjusted EPS

 

$

0.61

 

$

0.60

 

$

1.78

 

$

1.39

 

Weighted-average dilutive shares outstanding

 

60.6

 

30.6

 

60.6

 

30.6

 

 

10