Showing posts with label expropriation. Show all posts
Showing posts with label expropriation. Show all posts

30 July 2010

Sins of omission

“Five key bridges in the western portion of the T’Railway Provincial Park that closed in 2008 are now re-opened to park users. … [The five bridges are being ] replaced as a result of a $3.6 million allocation in Budget 2010: The Right Investments – For Our Children and Our Future.”

That’s part of the first paragraph of a happy-news release from the province’s environment.  It’s one of dozens issued every week in July as part of the happy-news offensive mounted by the provincial government in the run up to August’s scheduled polling by the provincial government pollster.

The release leaves out much relevant detail.

Not surprisingly, that detail is embarrassing to the provincial government and especially to the ever-embarrassing minister, Charlene Johnson.

For starters, the bridges in questions were all former railway bridges inherited by the provincial government in 1988 when the railway closed.  The provincial government took responsibility for the bridges but until 2008 – apparently  - did nothing with them.

No maintenance.

No repairs.

No inspections either, apparently.

At all.

That is until the federal government inspected a few that crossed over federally-monitored waterways.  They found a raft of them in what appeared to be perilous states of disrepair. 

In one case, one of the bridges had vanished entirely.  When inspectors showed up to take a lookee-look, they couldn’t find anything except the footings on either shore.

So basically this splendiferous investment of more than three and a half millions could have been avoided or at least spread out over time if someone – anyone – at any point along the way had decided to do some regular maintenance on the bridges.

Or even taken a peek at them once in a while.

Even an auditor general’s report in 2003 on inadequate inspection of road bridges seems to have prompted any action on the former railway bridges, the ones now used by pedestrians, snowmobilers and ATV operators.

None of this, by the by, stopped Johnson from claiming that her department prized public safety. As your humble e-scribbler noted at the time:

We understand the inconvenience of the closure of these structures; however, public safety has to be our number one priority," said Minister Johnson.

But...

Environment Minister Charlene Johnson said today the province does not conduct routine safety assessments of structures on the T’Railway, which is a provincial park.

There’s no regular inspections, no,” Johnson said in response to questions from reporters.

That sort of bumbling is why some people find it odd that Charlene has adopted a tone of haughty arrogance when dealing with issues like the Abitibi expropriation fiasco or offshore oil.

That sort of bumbling is also likely why Charlene’s publicists decided to torque this release without any reference  whatsoever - an omission in other words - to the mess that started it all.

But all of it doesn’t explain the real sin of omission here:  namely the explanation of why the Premier keeps this minister in a job for which she is clearly unqualified and at which she has clearly been a disaster of BP proportions.

- srbp -

07 July 2010

Economic recovery – not exactly as illustrated, part two

cbc.ca/nl is reporting an economic miracle in Grand Falls-Windsor.

That’s the town where the major private sector employer closed its doors and where the provincial government expropriated the mill and hydroelectric assets.

When AbitibiBowater stopped production at the mill in early 2009 there were concerns the town's economy would tank, but that hasn't happened.

This time last year, construction was started on 16 houses in Grand Falls-Windsor, but by this June, work had begun on 60 new homes in the town.

There’s even a comment in the electronic version of the story, the one that aired on the supper hour news, to the effect that uncertainty about the mill kept a lid on development.  Now that things are resolved, as it were, then people are now spending freely.

Well, that’s exactly the same sort of story the Telegram carried back in February;  but then, as now, the story looks more like a contrived bit of nonsense rather than a factual appraisal.

Take for example, the thing about housing and a supposed dampening effect before the mill close din early 2009.

As the Telly reported in February,  there were 118 housing starts in Grand Falls-Windsor in 2008, but only 50 in all of 2009.  You can get links to the Telly story and other details in the Bond Papers post from February.

Based on that, the current number of housing starts in 2010 is only 20% above the 2009 level. And even if the housing starts continued at the same pace and there were another 60 houses built in the second half of the year, that would only match the last year the mill operated.

That wouldn’t be too bad, if it turns out to be correct.  But it sure as heck is a far cry from the idea that people are thinking differently now that the fate of the mill is known.

The potential cause for the resurgence  - such as it is -  can be found in the sources of cash identified in the CBC story:

The town's hospital — the Central Newfoundland Regional Health Centre — is the community's largest employer. It serves people from dozens of communities in central Newfoundland who spend money in Grand Falls-Windsor when they come for health care.

You can add to that a bunch of other government offices moved into to the town under Brian Tobin’s administration and more recently by the Williams’ one.  In other words, the town is now dependent on government spending for its major economic activity. 

And what isn’t coming from government is coming from migrant labour.  That would be former mill workers who are commuting to places like Alberta.

And lastly there’s another source of growth:  retirees flocking home after a lifetime spent working on the mainland.  Nice as that is, those retirees only add to the burden of an economy where there are fewer and fewer people earning a wage compared to those in the so-called dependent portion of the population.

If you look at it, what you see in Grand Falls-Windsor is not the picture of some sort of miracle but rather of the increasingly fragile nature of the Newfoundland and Labrador economy. No amount of spin from a local car salesman can cover over the very real problems that fragility brings for a beautiful community and for the province as a whole.

- srbp -

Audio Update:  CBC Central Morning Show.  Look at around 6:54 for the start.  The intro to one section repeats the “housing boom” – complete with the 16 to 59 numbers -  evidently because someone forgot to do a simple check of the facts.

02 July 2010

Calamity Kathy’s story doesn’t add up

From a cbc.ca/nl story posted on Wednesday June 30, here’s natural resources minister and deputy premier Kathy Dunderdale after the people of the province learned that a company she said had been interested in the Grand Falls-Windsor mill was insolvent and after the investor backed away from the deal:

Dunderdale said she was aware of the company's troubled financial past.

"We knew that there were financial issues, but we knew that their investment wasn't coming from Lott Paper," said Dunderdale.

But here’s what Dunderdale said about the troubled financial past of the company before Saturday, June 26 when Bond Papers posted the news that the company Dunderdale identified as the interested party was insolvent yet again:


Speaking with reporters outside the legislature on June 24, Dunderdale was unequivocal about the name of the company:

The minister revealed that the company, later identified as Lott Paper, is in the process of submitting a business plan. [The Advertiser]

or…

Responding to questions in the legislature, Dunderdale said Lott Paper is working with the government in hopes of acquiring the Grand Falls-Windsor mill that closed in February 2009. [CBC version]

None of this gets better in her scrum on June 30.  During the scrum [posted to cbc.ca/nl] Dunderdale claims that the individual who visited the Grand Falls-Windsor mill site explained to her that the investment would be coming from Motion Invest.  So why then did she claim it was from Lott when she ought to have clearly known the difference, that is if she’d actually met the chap, had his business card and understood clearly in may who was putting up the cash?

She was also pretty clear about what the company did on May 26:

"It's a pulp and paper company that sees some opportunity because Abitibi is withdrawing from its markets in Europe," Dunderdale later told reporters.

"It's a very credible company, but it's very early days."

And as for the caution Dunderdale now claims she had all along – the “reservation” to use her own word -  let’s just say that Calamity Kathy has a very short memory. 

On May 25, New Democratic Party leader Lorraine Michael asked a simple question:
Since that is so important - I agree it is - I am asking the Premier: Are they out looking for that major industrial customer to make that happen [to drive industrial development in central Newfoundland]? That is the question I am asking.
Dunderdale did not reply with a general answer that the government was actively seeking expressions of interest, would continue to do so and would announce anything when there was concrete news to report.

No.

She did not do that.

Instead she said:
While we have not had the results that we are looking for particularly from that Expression of Interest, Mr. Speaker; I am happy to say that we have had an Expression of Interest from Germany last week, principals in, looking at what we have to offer in Central Newfoundland. We are very hopeful about that prospect, Mr. Speaker.

We are very hopeful about that prospect, Mr. Speaker.

She avoided a general answer that would have certainly prevented anyone from having any false expectations or hopes.  She decided not to give a non-committal answer, one that would be prudent given that  - as any experienced negotiator knows – there is a long way between the first contact and the final deal.

Instead, she said the government had an expression of interest and that “we” – the provincial government – were full of hope about it.

Not cautiously optimistic.

Not wary.

Not concerned, lest people get too excited too early.

Hopeful.

Her caution, such as it was in both May and a month later, seemed to be more about ensuring the public didn’t expect something to happen very suddenly.  Her claim on Wednesday that she had reservations all along just isn’t backed up by her own public statements. 

Dunderdale only developed any serious reservations about the company once Bond Papers and others revealed the financial problems with the company.  And if those concerns weren’t enough, CBC did a fine job of digging out greater detail on the potential investors themselves.  All this information was readily available to anyone doing some fairly simple checks. it isn’t rocket science.

All of this checking ought to have been done from the outset.  Instead, if one listens to Dunderdale’s scrum from Wednesday,  it is clear that neither she nor her staff did anything to check into the company.  Dunderdale states at one point well into the questioning that her staff would only do the necessary analysis -doing “due diligence”  as Dunderdale puts it in her cliche-ridden way of speaking – once the company sent along a detailed business plan.

Nor is all of this confusion on Dunderdale’s part the only sort of problems there are with this most recent of her cock-ups.  Take a good listen to the scrum.  What she claimed on June 24 was a letter of intent with a great amount of detail has morphed – now that the problems with the company are in public – into something that wasn’t sufficiently detailed enough for anyone to make a decision on. On June 24 she described the letter – now with insufficient information – as being a business plan.

All of this goes back to an episode much like the current one.  It dates from the days when Dunderdale was in charge of the business development portfolio.  Then as now, Dunderdale was long on meaningless jargon - “due diligence piece” and very short on either comprehension or details.

As Bond Papers put it in 2005:

She also said this information turned up by reporters wouldn't have "negatively impacted" on government's decision, had it been known.

The problem, Kath is not that you might have acted differently if you knew. The point is you just didn't have all relevant information in front of you when you opened my chequebook to hand some American company some of my cash.

The problem is that we out here among the toiling masses don't know what else it is that you don't know before you make a decision.

Five years later and with considerably more public money up for grabs here, Kathy Dunderdale’s old problem – making decisions without having adequate information – remains the same.  So too does her apparent inability to understand what it is that she actually does have in the first place.

Dunderdale has considerably more power now than she did in 2005. 

The public still cannot be assured, however, of what she doesn’t know – or care to know – before she’s prepared to carry forward with a project involving potentially tens of millions of dollars of public money.

This is no way to run a provincial government and it is astonishing that the Premier, as capable a businessman as he supposedly is, would allow this situation to continue for five years.

-srbp-

Addendum: From an exchange in the comments section, here are a string of questions coming out of this latest fiasco that need answers. 

The answers are important not merely to get to the bottom of this particular episode;  they are important because the public should be assured of exactly what the provincial government policy is on using public money to subsidize private businesses.  The answers are important because they can give the public some assurance that those in charge of handing out public cash are capable of doing the job of protecting the public interest they get paid to do.

1. If Dunderdale knew the difference between Lott and Motion Invest, when did she know it?

2. Was it before or after she claimed that Lott was the company that would be investing?

3. If she had concerns about the company's financial state, did she have them before or after Lott's bankrupt status was made public (not by Dunderdale)?

4. If she had any doubts at all about this company and its interest, then why did she even mention the whole affair on May 25 and therefore set up the circumstance on June 24 [in which she was asked a follow-on question]?

5. Since she is a cabinet minister with knowledge (presumably), why does she elect to blame someone for merely asking a question?

6. Is the whole thing on or off? According to her comments in the scrum, it's only nearly almost dead. According to the excellent reporting at [the Telegram], the deal is dead.

7. Therefore, what exactly did she say to Roche and what did he say to her in their telephone conversations on Wednesday that could lead to two diametrically opposed comments? [Update:  According to Dunderdale in the scrum, she never spoke to Roche:  her unidentified CEO did.  That raises another question: which CEO was it -  Ed Martin or the agrifoods boss?  This sort of thing should be going through Ross Wiseman’s department.]

8. And since we are asking, why did she make several calls on Wednesday given that she basically pissed all over the company and their proposal publicly the night before?

9. What is the difference between a letter of intent and a business plan?'

10. Did Kathy actually read the letter from Roche (or whoever sent it)?

11. Will the government pour cash and other subsidies into any venture or will they stand by her earlier comment that there was no cash available?

12. If there is no cash, why didn't she just tell Roche that $52 million was nonsense instead of considering the proposal?

13. If there is cash, then how much is government willing to pour into a venture?

14. Would the government cash be in an equity stake or would it be - as with others - basically like a set of free steak knives for playing the game?

30 June 2010

Calamity Kath Dunderdale: the Miracle Max Ploy

Whoo-hoo-hoo, look who knows so much. It just so happens that your friend here is only *mostly* dead. There's a big difference between mostly dead and all dead. Mostly dead is slightly alive. With all dead, well, with all dead there's usually only one thing you can do.

On the one hand there is the CBC account of the latest Dunderdale-torqued version of  the Lott/Motion Invest proposal for Grand Falls-Windsor:

Despite several confusing twists and amidst accusations of 'confidentiality breaches' and 'misrepresentations' from a company seeking to revive a paper mill in central Newfoundland, the province's deputy premier says the deal may not be completely dead.

Then there is the version from the Telegram, straight from the company spokesperson:

“To be clear Motion Invests’ position has not changed since its release, and we have not communicated any message to any person in government which indicated otherwise,” the spokesman wrote in an e-mail to The Telegram.

Given Dunderdale’s propensity to shag things up so badly and blatantly, it’s amazing the Ceeb is still giving her the positive play on her obvious torque-ploys.

But when she starts channeling characters from the Princess Bride?

It’s just as well to go through the pockets and look for loose change.

Miracle Max knew what to do.

-srbp-

Motion Invest’s statement on Grand Falls-Windsor project

“Date of Release : 28th June 2010

Motion Invest withdraws it's interests in the former Abitibi Bowater newsprint mill at Grand Falls-Windsor Canada

Motion Invest announced today that it has no longer any interest in the Abitibi Bowater newsprint mill at Grand Falls-Windsor Canada.

Motion Invest had been in confidential discussions to undertake a feasibility / viability study into creating a new non-newspaper print mill at Grand Falls-Windsor Canada.

However due to recent and wholly incorrect reports / statements that it was close to a deal to purchase the Abitibi Bowater newsprint mill in Grand Falls-Windsor Canada, Motion Invest has now decided to withdraw its interest.

At no time was Motion Invest ever close to preparing any offer for the Grand Falls-Windsor.  Its interest was wholly subject to the completion of a feasibility / viability study into moving production at the Grand Falls-Windsor mills away from newsprint production. 

Motion Invest has already spent over $ 75,000 conducting a preliminary review and site inspection of the mill regrets that the serious breach in the confidentiality and the misrepresentation of its interest in the mill makes the continuation of the project unviable.

Accordingly Motion Invest has been left with no option withdrawn its interest.”

-srbp-

Mind-boggled Dunderdale continues to blunder

In an interview with CBC, natural resources minister Kathy Dunderdale misrepresented her own earlier comments on talks to re-activate the paper mill at Grand Falls-Windsor.

According to a story at cbc.ca/nl, Dunderdale said:

“We have said very little about it. My response was a reply to a direct question in the house of assembly [sic] when the leader of the Opposition [sic] asked had we received a proposal from this company."

But that’s only partially correct if one limits consideration to a fraction of what she said last week.

Dunderdale first discussed the interest in the mill in response to a question in the House of Assembly on May 25 from New Democratic Party leader Lorraine Michael.  She didn’t name the company but she did make it sound very up-beat and positive:

We are very hopeful about that prospect, Mr. Speaker.

The next day in the House she didn’t issue many notes of caution either.  Rather, Dunderdale was full of bluster about the ability of her party to negotiate with companies compared to the inability of the other crowd.  Then she added this bit:

Mr. Speaker, we have a very good company coming out of Germany that have expressed an interest in that fibre.

Dunderdale also told reporters that she expected to have further contact and that the visit to the mill was a sign of the seriousness with which the company – consistently identified as being a company with paper-making experience – was viewing the mill:

The indication of their seriousness, Mr. Speaker, is they sent somebody from Germany to have a look at this mill. When I asked him what his observations were, he told me quite frankly that it was exactly what he had expected to see. They have gone back to do some work. We expect to have some kind of a submission from them in the next month or so, Mr. Speaker, and based on that we will see where we go.

It’s likely no coincidence that Dunderdale raised the site visit and potential interest at the same time that the opposition was hammering Dunderdale and her cabinet colleagues over revelations about the botched mill expropriation.

Getting her facts wrong is nothing new for Dunderdale on this issue.

As recently as last week, Dunderdale continued to link the company to pulp and paper production, something now known to be wrong.

Dunderdale also indicated in the House of Assembly that the company had submitted a business plan that was being assessed by three government departments.  Outside the legislature, though, she told reporters government had received a detailed letter and expected to have a business plan from the company – identified as Lott – on Monday, June 28. [Report starts at 2:30.]

According to a news release sent to CBC on Tuesday June 29, and quoted online, the company – now identified as Motion Invest was withdrawing its expression of interest in the mill.  And the release also identifies the potential project as being about something other than making newsprint:

“Motion Invest had been in confidential discussions to undertake a feasibility-viability study into creating a new non-newspaper print mill. However, due to recent and wholly incorrect reports and statements that it was close to a deal to purchase, Motion Invest has now decided to withdraw its interest,"

In comments to CBC on Tuesday, Dunderdale also claims that she didn’t miss-speak when she identified the company interested in the mill as Lott, a company that is in bankruptcy protection, rather than Motion Invest.

Dunderdale is confirming the new information which is in the public domain:

"The first contact we had was from Bob Roche on behalf of Lott Paper. The investment was going to be made by Motion Invest," she said. "The principal who was interested in making this investment was a principle with Lott Paper who would be bringing the knowledge and experience from Lott Paper to Grand Falls-Windsor, even though the investment was coming from Motion Invest."

Dunderdale never once mentioned Motion Invest at all until the company issued its own news release to CBC.

- srbp -

29 June 2010

Potential investor quits mill talks, accuses government of “overt politicization”: CBC

CBC’s David Cochrane reported this evening that the investment company that had expressed interest in the defunct Grand Falls-Windsor paper mill is withdrawing its offer. The first segment is at about 15:00 into the Here and Now broadcast.

Cochrane quoted from a statement issued by the company shortly after 1800 hrs Newfoundland Daylight Savings Time. 

According to the statement, Lott Feinpappen was never the company looking at the mill.  Instead it was a company called Motion Invest, in which an individual named Bob Roche was a principle.

Roche is quoted as saying that at no time was Motion Invest close to an offer for the mill.  There was an interest in doing a feasibility study on moving the mill away from what Cochrane described as unprofitable newsprint production.

In the statement as reported by CBC, Roche accuses the provincial government of a “serious breach of confidentiality of a commercial issue” of wholely incorrect statements and misrepresentations of Motion Invest’s intentions.

In the most recent session of the House, Dunderdale boasted about the ability of the current administration to negotiate successfully with companies.

The statement appeared to have been drafted in some haste, according to Cochrane, as it contained as many “broadsides” against the government as it did spelling mistakes.

Cochrane added to his report at about 49:00 with initial provincial government reaction.

According to Cochrane, natural resources minister Kathy Dunderdale found the Motion Invest comments to be “mindboggling” and “absolutely incorrect.”  The proposal went well beyond a feasibility study and included targets and timelines.  

The company was also looking for loans and loan guarantees totalling $52 million, according to Dunderdale. 

The provincial government may release documents within the next 24 hours but is currently consulting with justice department lawyers.

Dunderdale told reporters in St. John’s last week that the company was looking for financial assistance.  She did not specify what the amount was at the time.

The latest information is also significantly different from Dunderdale’s previous comments in which she consistently described the project as being about a pulp and paper operation of the type already in the defunct mill.  In late May, she said:

“It's a pulp and paper company that sees some opportunity because Abitibi is withdrawing from its markets in Europe.”

Dunderdale also initially rejected the idea of the government providing “big loan guarantees or big subsidies.” 

However, by last week she was more concerned to “understand clearly what they are looking for from us”.

Provincial government policy includes interest free loans and outright gifts of cash for companies.

Update:  Motion Investment’s brief statement

 

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28 June 2010

Dunderdale still awaiting proposal from bankrupt company; spokesperson promises “due diligence”

According to cbc.ca/nl, natural resources minister Kathy Dunderdale is still expecting a business plan from a German company to take over the Grand Falls-Windsor paper mill.

An unnamed spokesperson in Dunderdale’s office promised that the department will conduct “due diligence” on the proposal.

But as Bond Papers readers learned on Sunday, the company – Lott Feinpappen – has been in bankruptcy protection since June 15.

CBC added more detail on Monday:

As well, a lawyer with the Achern firm of Schultze & Braun told CBC News that Lott does not have the cash to pursue ventures, and cannot do business in Canada because of its legal situation.

The lawyer told CBC News that Lott is currently in "deep trouble." The German state is covering workers' wages at Lott — which produces high-quality paperboard products, and which has been in business for more than a century — until the end of August.

Insolvency procedures are to start in Germany in September.

In a news release late Monday, opposition leader Yvonne Jones said that this new information on Lott “highlights [the] careless and superficial work by government in not learning and disclosing this information to the public.”

Jones said that the provincial government “likes to talk due diligence, but rarely performs it.”

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26 June 2010

Potential GFW mill buyer in German bankruptcy protection for second time in six years

The same week German papermaker Lott sent deputy premier and natural resources minister Kathy Dunderdale a detailed letter proposing to take over the former AbitibiBowater mill in Grand Falls-Windsor,  the company went into bankruptcy protection in Germany.

According to the Insolvenz Rategeber:

Ãœber das Vermögen der  Lott Feinpappen GmbH & Co. KG in Achern wurde Insolvenzantrag gestellt. Der Antrag erfolgte durch eine Gläubigerin des Unternehmens. Betroffen sind 70 Mitarbeiter, deren Löhne für die kommenden drei Monate über das Insolvenzgeld abgesichert sind.

The company – which employs 70 people – previously sought bankruptcy protection in 2004.

The premier’s hand-picked deputy told the House of Assembly on Thursday that she had received a business plan from the company the week previously:

Mr. Speaker, late last week we received a business plan from this company. It is currently undergoing assessment by us, the Department of Finance and the Department of Business. We do not have anything further to report at this time, Mr. Speaker, until that analysis is completed.

Outside the House, she told reporters that she was waiting to receive the business plan. What the company had sent was a detailed letter.

According to euwid-papier.de, Lott sought bankruptcy protection on June.

Dunderdale told reporters on Thursday that the provincial government would study the proposal very carefully.  Dunderdale raised hopes in central Newfoundland in late May by announcing in the legislature that representatives of a then-unnamed company had toured the mill and were interested in re-opening it. Apparently, even though she assured people of the province that her officials would review any proposal carefully, no one had, up to that time, done a preliminary review of the company and its financial history.

This is not the first time the Premier’s carefully chosen right hand has run into problems with business proposals.  As Bond Papers noted in 2005:

Then yesterday, we find out that no one [in Dunderdale’s department]bothered to check out American call-centre company Teletech using what Jack Harris has hilariously referred to as due diligence for dummies: the Internet search engine google.

Dunderdale is well known for blunders.  Some have been laughable.  Some are just plain ridiculous. Some are far more serious.  The deputy premier misled the legislature in 2006 over public tender act violations by a former Tory candidate filling a pork-barrel appointment.

In 2009, the deputy premier told the legislature a memorandum of understanding with Rhode Island for Lower Churchill had fallen through because the state lacked the necessary legislative jurisdiction to handle some aspects of the deal.  Turns out that NALCOR just couldn’t get the power to the state at a competitive price.

Dunderdale has also been known to score the odd own-goal of a far more  significant nature.  In September 2009, she revealed that she and Danny Williams had tried unsuccessfully for five years to interest Hydro-Quebec in an ownership stake in the Lower Churchill.  The deal would have been without redress for the disastrous 19569 Churchill falls contracts.  Before 2003 Williams insisted any deal he signed on the Lower Churchill would have to include redress. 

The secret talks to sell a stake in the Lower Churchill remains the biggest story of the Williams administration which has still not be reported by any mainstream media.

-srbp-

08 June 2010

Working mills versus a catastrophe

As part of its restructuring efforts, AbitibiBowater just announced the company has offloaded four mills and some other wood products plants to another company.

The new owners are excited about using the mill and the timber to make things and employ people.

Just imagine people in central Newfoundland working in the woods industry with a new company that had bought assets from AbitibiBowater.

Perish the thought.

Just imagine the mess there‘d have been if the provincial government hadn’t swooped in and seized all the stuff AbitibiBowater was ready to sell to another company just so they could create jobs with them.

Chaos, for sure.

Thank God the Old Man was brilliant enough to opt for catastrophe instead.

26 May 2010

Don’t mention the war

It could be an episode of Fawlty Towers.

Then again mentioning Germans and industrial development in Newfoundland and Labrador is more likely to conjure up images of the numerous colossal failures of the Valdmanis/Smallwood industrialization program from the 1950s.

The Germans are coming to central Newfoundland.

As natural resources minister Kathy Dunderdale told the House of Assembly on Tuesday:

I am happy to say that we have had an Expression of Interest from Germany last week, principals in, looking at what we have to offer in Central Newfoundland. We are very hopeful about that prospect, Mr. Speaker.

Well, maybe.

Outside the House, though, Dunderdale was somewhat less enthusiastic.  As the Telegram reported:

Outside the House, Dunderdale told reporters the company was a reputable pulp and paper company.

But she cautioned people in the province — especially those in central Newfoundland — not to get their hopes up.

Dunderdale said even though the company has seen the former mill and gotten some information about operating a pulp and paper operation in this province, it’s too early to tell if the company will submit a proposal to set up shop in the province.

That’s pretty much the state of things in central Newfoundland these days where the provincial government keeps insisting its expropriation of Abitibi assets was not a disaster yet has a hard time proving otherwise.

There are Germans coming but no one should count on them.

Such a bizarre concept:  perfidious Germans.

It’s like the shifting definition of “assets”.  In December 2008, the assets were the hydroelectric generating stations and the transmission lines.  The rights to the land and the timber leases all reverted back to the provincial government anyway once Abitibi stopped making paper.

Fast forward two years and the assets now include all the land.  As Danny Williams put it on Tuesday:

By way of example, and this is a very simple example, the land that we recovered, the land alone that we recovered for the people of Newfoundland and Labrador - forget the water rights, forget the timber rights - is three times the size of Prince Edward Island.

Of course, as Williams knows, the water rights and the timber rights  - as well as the mineral rights he didn’t mention – are what make the lands themselves valuable.  Their size is irrelevant.  The fact he is now citing them as assets to offset liabilities for environmental damages is likely to turn up being used by Abitibi’s smart lawyers to further demolish whatever defence Williams and his apparently not-quite-so-swift lawyers try to fend off Abitibi’s claims against the provincial government over the expropriation.

This danger – that his words will colour the legal action -  is something Williams is acutely aware of, of course, since just before he identified the land as an asset he cautioned New Democrat leader Lorraine Michael that “anything that I may say in answer to that question would only help the Abitibi case in the NAFTA dispute.”

So he carried on and gave them something just as juicy to use against him. 

This is the essence of this entire matter:  a hasty decision followed by bungling, then excuses and then unsubstantiated claims.  Laced through it all is the lecturing and condescension from the premier and his ministers.  none of that really comes off, of course, since the entire gaggle of them have shown they have a very tenuous grasp on most of the facts of these matters themselves.

Here one need look no farther than the hydroelectric assets which people have been led to believe have some means of generating cash for the provincial government or, more particularly, its energy company. 

Turns out that, as Dunderdale told a legislature budget committee recently, there isn’t enough demand on the island to warrant generating power from these hydro sites.  Meanwhile, on the island east of Sunnyside (on the Isthmus of Avalon), there is demand.  Unfortunately, the existing transmission lines are at capacity.  NALCOR has no plans to add more transmission capacity unless the Lower Churchill goes ahead.  As a result, the central Newfoundland hydro assets won;t be shunting power to Long harbour and the Vale Inco smelter. That is going to be powered by, among other things, the Holyrood thermal generating plant and its oil-fired generators.

So much for closing Holyrood as a public policy goal.

So much too for fears the hydro assets would benefit the whole province rather than keeping them tied to central Newfoundland.  Some people thought that the cash from the hydro power would be a nice nest egg for economic development. They were concerned about the benefits flowing outside the region.

Once upon a time, back before the rest of us learned of the mill expropriation fiasco, the provincial government refused to tie the hydro assets to local economic development funding in central Newfoundland. As industry minister Shawn Skinner put it:

“However, as with any investment, the collective impact on the province as a whole must be measured as these resources are provincially owned."

Well, now that everyone knows there really isn’t any use for the hydro facilities – and hence they have no revenue-generating ability at the moment – the provincial government is going back to its old line that the hydro assets will be used to lure potential new industries to the region.  As Dunderdale said in the House on Tuesday:

Mr. Speaker, we are not writing off Central Newfoundland. We may not have an industrial customer at the moment looking for that power, but that day will come, Mr. Speaker. When that day does come, we will have the assets to do something with, to drive economic development in that part of the Province, Mr. Speaker, once again.

Assets are not assets. 

Non-assets are, in fact, assets.

There are Germans, unnamed but apparently respectable, but they can’t be counted on to deliver the goods.

And we predicted everything but couldn’t predict disaster, which of course it isn’t because the current situation is the one we foresaw after examining all the potential outcomes, but we didn’t really foresee it at all. The whole thing is unfolding as we knew it would but in completely unpredicted ways. 

basilJust imagine the mess if we hadn’t done what we’d done to produce the mess in the first place.

And for God’s sake, don’t mention the war.

In next week’s episode, more hilarity ensues.

-srbp-

20 May 2010

Fortis and Enel getting special treatment from Williams gov under expropriation bill

At least two of companies whose long-term power purchase agreements were ripped up under the December 2008 expropriation bill will still get all their cash under long-term power purchase arrangements, according to natural resources minister Kathy Dunderdale.

Abitibi is not included in the arrangements, apparently.

Dunderdale told the House of Assembly on Thursday that:

…we made a commitment to both of those companies [Fortis and ENEL] that regardless of what happened with Abitibi, at the end of this process we would ensure that they were kept whole, that they were properly compensated for fair market value for the assets. The PPAs that they have with Abitibi would also be honoured, Mr. Speaker.

Dunderdale said that the provincial government’s energy corporation  - NALCOR  - is still discussing arrangements with the two companies. The power purchase arrangements date from 1997 and 2001. The exact duration is currently unknown to your humble e-scribbler but would typically be in the range of 20 to 30 years.

ENEL partnered with Abitibi on the Star Lake project to supply electricity to Newfoundland and Labrador Hydro. Bill 75 seized all the generating and transmission assets of the Star Lake partnership and revoked all the agreement related to it, as listed at Annex E of Bill 75

Dunderdale made no reference to the other companies also affected by the seizure:

  • Clarica
  • Sun Life Assurance
  • Mutual Life Assurance
  • Standard Life Assurance, and
  • Industrial Life Assurance.

Fortis – the other company Dunderdale discussed – was a partner in the Exploits Hydro Partnership.  Under a long-term power-purchase agreement, Exploits partnership sold power to Newfoundland and Labrador Hydro.

Dunderdale also admitted what Bond Papers readers already knew:  the provincial government is paying for a long-term loan for the Exploits partnership.  The outstanding balance on the loan is $59 million.  The provincial government paid the 2009 instalment.

The hydro-electric assets are likely the only ones seized in 2008 that could generate any reliable revenue to offset the costs of environmental clean-up at former Abitibi sites in the province.  Payment of loans and royalties to the companies other than Abitibi as if the expropriation never happened would significantly reduce any revenue NALCOR could gain from the assets.

Dunderdale’s admission today could also further undermine any legal cases the provincial government is pursuing.  One of the problems government faced in recent Quebec court decisions on the Abitibi bankruptcy protection proceedings is that its environmental clean-up actions appeared to be aimed solely at Abitibi and were not part of the routine administration of provincial environmental laws.

Dunderdale’s admission makes it pretty clear that the government is treating some of the companies affected by the expropriation very differently from Abitibi.

Colouring the expropriation as aimed solely against Abitibi could also colour the move and undermine any defence of Abitibi’s NAFTA challenge.

-srbp-

19 May 2010

Williams admits taxpayers stuck with bill for his expropriation mess

While his embattled environment minister blustered and stuck to the old line during Question Period, outside the legislature Premier Danny Williams admitted to reporters today that the taxpayers of the province will be stuck paying for the environmental cleanup from his expropriation mess.

CBC.ca/nl has a version of the story that’s worth checking out.

The cost of the clean-up, legal fees, any NAFTA penalties for the expropriation and the cost of compensation for seized assets belonging to three companies could reach $500 million or more based on the provincial government’s own estimates.

More to follow.

-srbp-

17 May 2010

Buchans saga deepens: Johnson claims credit for Abitibi work

CBC may have retracted its story about the provincial government and possible lead pollution at a former mine in Buchans but that isn’t the end of the Buchans saga.

As CBC quoted it:

"We held a town meeting. The public meeting was in fact reported on. That site was, in fact, remediated that very summer," Environment Minister Charlene Johnson told the legislature on Monday.

Johnson told the legislature that:

Mr. Speaker, quickly we hired a consultant to go out and do a Human Health Risk Assessment. That piece of work was done in literally less than months. The report came to our office in December 2007, at which time my officials went out to the Town of Buchans, gave the report to the Town of Buchans in less than days. The Town of Buchans at that time, Mr. Speaker, asked to have a public meeting. That public meeting was held and my officials were there. In fact, Mr. Speaker, CBC carried the reports of that within days after the public meeting.

But the full story is very different.

According to the Grand Falls-Windsor Advertiser, the environmental review was done by AMEC, a consultant retained by Abitibi. And the timeline for when the town council first learned of the problem was the spring of 2007, not late 2007 or early 2008 as Johnson suggested in the House of Assembly:

With ASARCO declaring bankruptcy a number of years ago, AbitibiBowater is left bearing the brunt of the responsibility for the site.

It wasn't until a representative with AMEC, a consultant for AbitibiBowater, met with the Buchans council last spring to update its members on environmental improvements that the town's municipal leaders became aware of the situation.

It wasn’t until six months later, in the fall of 2007 – when current MHA Susan Sullivan was fighting for her seat in a by-election - that the provincial government got involved as Johnson described.  According to the Advertiser:

The council contacted Susan Sullivan in November, who was campaigning for her seat as MHA for Grand Falls-Windsor-Buchans at the time, for an immediate meeting.

She visited the town to hear their concerns and brought the council's demand for a complete human health risk study to the minister of environment.

The Buchans story demolishes the provincial government’s efforts to portray Abitibi as abandoning its responsibilities in the province.

Again, as the Advertiser reported well before the botched expropriation:

Remedial action and/or additional studies in the area were recommended.

And that is exactly what AbibitiBowater and AMEC intend to do, although it will be a costly venture. Already the paper company has anywhere from $1.6-2.5 million budgeted for the clean-up.

If that's not enough, they are prepared to spend more to ensure the job is finished.

"The day we ask for a certificate of approval from the government to carry out the work, we have to carry it out to the end and if it costs more, we're stuck with it; we have to do it," said Nicole Lee, environment manager with AbitibiBowater.

The Advertiser reported that the best containment option at that point seemed to be collecting the contaminated materials and burying them in a glory hole or in an abandoned mine.  The Advertiser also reported in March 2008 that both a mining company and the provincial natural resources department opposed this option.

Interestingly enough, when the provincial government finally announced the clean-up option for the land it expropriated, a new remediation proposal cropped up:  cover it over.  Again as the Advertiser reported in late 2009:

He said that of all the option open to his department the "cap in place" option was the best because it would among other things minimize the amount of dust created during construction and wouldn't affect future mining operations. SNC Lavalin has been contracted for $114,000 to prepare and tended documents that are hoped to be ready by late spring with construction to be carried out from June to September. As well as the tailings spill area, the identified arsenic problem by the old ore shed will be taken care of with a layer of berm. [Emphasis added]

-srbp-

04 May 2010

AbitibiBowater moves Stephenville and Botwood properties to subsidiary

As part of its re-organization plan, AbitibiBowater sold its two properties in Newfoundland and Labrador (Stephenville and Botwood) to a subsidiary company on April 27, 2010.

The company is in receivership with Ernst & Young acting as receivers.

The Government of Newfoundland and Labrador did not object to the arrangements.  The provincial government was represented by Weirfoulds LLP. The arrangements do not alter the environmental orders or the appeal of Judge Clement Gascon’s March 31 decision.

However, the move appears to limit the number of orders affecting AbitibiBowater from ones affecting five sites in the province to only the two that the expropriation act left with the company. 

The cost of clean-up  at Botwood and Stephenville is listed in a report for the court by Ernst & Young as being potentially in the “tens of millions of dollars.” 

The provincial government did not release the cost estimate prepared by its consultants for all five sites, including the Grand Falls mill.  A document filed with the court by Ernst & Young dated February 19 did not establish a clear estimate of the costs involved.  It put the base case estimate as being in the mid to high eight figures and the worst case as being several times that.

The receivers have the power to sell the properties or to make an arrangement to deal with the environmental issues.

-srbp-

AbitibiBowater files reorg plan

Complete text of AB’s news release [paragraphing changed for legibility;  otherwise, spelling and capitalisation as in original]:

MONTREAL, May 4 /CNW Telbec/ - AbitibiBowater Inc. ("AbitibiBowater" or the "Company") today announced that the Company and certain of its U.S. and Canadian subsidiaries, currently under creditor protection, have filed with courts in Canada and the United States a Debtors' Joint Plan of Reorganization under Chapter 11 of the Bankruptcy Code and CCAA Plan of Reorganization and Compromise in draft form (together, the "Plan"). These filed documents are available on the Company website, www.abitibibowater.com.  [The Canadian documents can be found here.]

The Plan is a framework for the final forms expected to be filed in the near term and is not being filed for the purpose of soliciting votes and remains subject to finalization. The Company intends to file with the courts an amended Plan containing more detailed economic terms, along with disclosure documents and proxy materials providing information on the Plan and voting procedures.

A classification scheme and resultant forms of recoveries for all Company creditors is proposed in the Plan. It specifies that non-disputed pre-petition secured, administrative, debtor-in-possession and other priority claims would be paid in full in cash, or satisfied as otherwise agreed, at emergence. Unsecured claims would receive a pro rata share of equity in the reorganized company upon emergence, subject to certain conditions. Details on the extent of recovery for unsecured creditors will be outlined in forthcoming disclosures. The Plan also provides that the Company's current common stock will be cancelled and holders will receive no recoveries.

"The filing of these documents is an important step in AbitibiBowater's creditor protection proceedings and a precursor to a key milestone we intend to reach in the near future with the filing of the Plan's disclosure documents and proxy materials," stated David J. Paterson, President and Chief Executive Officer. "While we recognize the consequences this Plan outlines for our current common stockholders, this result was necessary in order to meet our overall obligations to creditors and effectively restructure for the future."

Before emerging from creditor protection, the Company must secure adequate exit financing and complete efforts to address labor [sic] costs and pension issues, as well as satisfy other conditions set forth in the Plan. Prior to emergence, a new Board of Directors will also be designated for the Company. The Plan will ultimately require approval by the creditors and the courts.

More information about AbitibiBowater's restructuring process can be found at www.abitibibowater.com or by calling toll-free 888 266-9280. International callers should dial 503 597-7698.

AbitibiBowater produces a wide range of newsprint, commercial printing papers, market pulp and wood products. It is the eighth largest publicly traded pulp and paper manufacturer in the world. AbitibiBowater owns or operates 22 pulp and paper facilities and 26 wood products facilities located in the United States, Canada and South Korea. Marketing its products in more than 90 countries, the Company is also among the world's largest recyclers of old newspapers and magazines, and has third-party certified 100% of its managed woodlands to sustainable forest management standards. AbitibiBowater's shares trade over-the-counter on the Pink Sheets and on the OTC Bulletin Board under the stock symbol ABWTQ.

CAUTIONARY STATEMENTS REGARDING FORWARD-LOOKING INFORMATION AND USE OF THIRD-PARTY DATA

Statements in this press release that are not reported financial results or other historical information of AbitibiBowater Inc. (with its subsidiaries and affiliates, either individually or collectively, unless otherwise indicated, referred to as "AbitibiBowater," "we," "our," "us" or the "Company") are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. They include, for example, statements relating to our: creditor protection proceedings under chapter 11 of the U.S. Bankruptcy Code and the Canadian Companies' Creditors Arrangement Act; debtor in possession financing arrangements and reorganization process; ability to successfully restructure our debt and other obligations; efforts to reduce costs and increase revenues and profitability, including our cost reduction initiatives regarding selling, general and administrative expenses; business outlook; curtailment of production of certain of our products; assessment of market conditions; and ability to sell non-core assets in light of the current global economic conditions and the requirements under the creditor protection proceedings to obtain court approval for certain asset sales; and strategies for achieving our goals generally. Forward-looking statements may be identified by the use of forward-looking terminology such as the words "should," "would," "could," "will," "may," "expect," "believe," "anticipate," "attempt" and other terms with similar meaning indicating possible future events or potential impact on our business or our shareholders.

The reader is cautioned not to place undue reliance on these forward-looking statements, which are not guarantees of future performance. These statements are based on management's current assumptions, beliefs and expectations, all of which involve a number of business risks and uncertainties that could cause actual results to differ materially. These risks and uncertainties include, but are not limited to the following:

(i) risks and uncertainties relating to our creditor protection proceedings including, among other things:

(a) risks associated with our ability to: continue as a going concern; stabilize the business to maximize the chances of preserving all or a portion of the enterprise; develop a comprehensive restructuring plan in an effective and timely manner; resolve ongoing issues with creditors and other third parties whose interests may differ from ours; obtain court orders or approvals with respect to motions filed from time to time, including court approvals for asset sales; obtain alternative or replacement financing to replace our debtor in possession financing arrangements and restructure our substantial indebtedness and other obligations in a manner that allows us to obtain confirmation of a plan or plans of reorganization by the courts in order to successfully exit our creditor protection proceedings, especially in light of the current decline in the global economy and credit conditions; renew or extend our current debtor in possession financing arrangements and/or accounts receivable securitization program, as the case may be, if the need to do so should arise; successfully implement a comprehensive restructuring plan and a plan or plans of reorganization; generate cash from operations and maintain cash-on-hand; operate within the restrictions and limitations of our current and any future debtor in possession financing arrangements; realize full or fair value for any assets or business we may divest as part of our comprehensive restructuring plan; attract and retain customers; maintain market share as our competitors move to capitalize on customer concerns; maintain current relationships with customers, vendors and trade creditors by actively and adequately communicating on and responding to events, media and rumors associated with the creditor protection proceedings that could adversely affect such relationships; resolve claims made against us in connection with the creditor protection proceedings for amounts not exceeding our recorded liabilities subject to compromise; prevent third parties from obtaining court orders or approvals that are contrary to our interests; and reject, repudiate or terminate certain contracts; and

(b) risks and uncertainties associated with: limitations on actions against any debtor during the creditor protection proceedings and the values, if any, that will be ascribed in our creditor protection proceedings to our various pre-petition liabilities, common stock and other securities; and

(ii) risks and uncertainties relating to our business including: industry conditions generally and further growth in alternative media; our capital intensive operations and the adequacy of our capital resources; the prices and terms under which we would be able to sell assets; the relative volatility of the U.S. dollar and the Canadian dollar; the costs of raw materials such as energy, chemicals and fiber [sic]; the success of our implementation of additional measures to enhance our operating efficiency and productivity; our ability to obtain fair compensation for our expropriated assets in the province of Newfoundland and Labrador, Canada and the possibility that we could lose any or all of our equity interest in Augusta Newsprint Company ("ANC"). Additional risks that could cause actual results to differ from forward-looking statements are enumerated in Item 1A of our Annual Report on Form 10-K for the year ended December 31, 2009, as amended, "Risk Factors" ("Item 1A"). We filed the Annual Report on Form 10-K with the U.S. Securities Exchange Commission (the "SEC") on March 30, 2010. All forward-looking statements in this press release are expressly qualified by the cautionary statements contained or referred to in this section and in our other filings with the SEC and the Canadian securities regulatory authorities. We disclaim any obligation to publicly update or revise any forward-looking information, whether as a result of new information, future events or otherwise.

For further information: Investors: Duane Owens, Vice President, Finance, (864) 282-9488; Media and Others: Seth Kursman, Vice President, Public Affairs, Sustainability & Environment, (514) 394-2398, seth.kursman@abitibibowater.com

03 May 2010

Abitibi “intended to go bankrupt”': Williams

Newfoundland and Labrador Premier Danny Williams today said that the expropriation of assets belonging to three companies was a “very deliberate move” and that as a result of the expropriation of assets belonging to three separate companies, the provincial government can now “use the value of these assets to deal with the environmental liability which we would have been responsible for because they [AbitibiBowater] intended to go bankrupt in the first place.”

Williams made the comments in Question Period during an afternoon sitting of the House of Assembly.

He said that AbitibiBowater “would have walked away from their responsibilities”.  Williams said the paper company would have gone bankrupt, sought creditor protection or “done what they were in the process of doing and that was trying to sell off those assets to somebody else.”

That’s the first time Williams has linked the expropriation to a failed bid by the provincial government to buy one of those assets, a hydro project at Star Lake which was not supplying power to the mill at Grand Falls.

In another answer to questions from opposition leader Yvonne Jones, Williams described the mill at Grand Falls and the two houses associated with it as “the most valuable piece of real estate in Grand Falls”.  He did not explain why the provincial government intended to expropriate all the other assets and leave  AbitibiBowater with the most valuable piece of real estate in Grand Falls when he had earlier described the expropriation as seizing the valuable assets to forestall their being sold off.

Those assets would have been lost to an irresponsible company that did not give a darn about the people of Newfoundland and Labrador, the people of Central Newfoundland and Labrador. They would not - they would have walked away from their responsibilities. They either would have gone into consumer protection, they would have gone bankrupt or they would have done what they were in the process of doing, and that was trying to sell off those assets to somebody else.

While Williams has been careful in previous statements and made no comments during debate on the expropriation bill, his most recent remarks could weigh heavily against the province’s efforts to fight off a NAFTA challenge and to push the environmental liabilities onto AbitibiBowater.

Williams comments raise the prospect that the expropriation was not done  - as he originally suggested  - because AbitibiBowater breached a 1905 lease.  In a statement to the legislature before his natural resources minister introduced the expropriation bill, Williams said:

Abitibi has reneged on the bargain struck between it and the Province over the industrial development of the Province’s timber and water resources for the benefit of the residents of the Province.

Mr. Speaker, having said that, we cannot as a government allow a company that no longer operates in this Province to maintain ownership of our resources.

-srbp-

02 May 2010

NALCOR takes on Fortis loan payments

NALCOR, the provincial government’s energy corporation, is paying a loan on behalf of the Exploits Partnership, one of the entities affected by the expropriation fiasco in December 2008.

In its 2010 first quarter financial statements (2010 Q1) released on Friday, Fortis, one of the partners in Exploits River Hydro Partnership, said that NALCOR  is making the “scheduled repayments” under the terms of the loan. 

As of March 31, 2010, $59 million remained outstanding on the loan. The statement reads in part:

As the hydroelectric assets and water rights of the Exploits Partnership had been provided as security for the Exploits Partnership term loan, the expropriation of such assets and rights by the Government of
Newfoundland and Labrador constituted an event of default under the loan. The term loan is without recourse to Fortis and was approximately $59 million as at March 31, 2010 (December 31, 2009 - $59 million). The lenders of the term loan have not demanded accelerated repayment. The scheduled repayments
under the term loan are being made by Nalcor, a Crown corporation, acting as agent for the Government of Newfoundland and Labrador with respect to the expropriation matters.
[Emphasis added]

Newfoundland and Labrador-based Fortis noted in 2009 first quarter financial statements that the unidentified lender had not sought “accelerated repayment” following government’s expropriation.  The Exploits Partnership (51% Fortis/49% Abitibi) made the scheduled term loan payment in 2009.

The expropriation bill passed by the House of Assembly in December 2008 seized all the generating assets and transmission assets of the partnership and cancelled all leases and contracts related to it.  The assets were used to secure the loan. 

Under a contract with Newfoundland and Labrador Hydro, the Exploits partnership sold surplus power not needed for the Grand Falls mill to Hydro for sale to its other commercial and residential clients.  The 30 year power purchase agreement would have expired in 2033.

There is no indication in the 2010 Q1 statement that NALCOR and Exploits Partnership reached an agreement on all issues related to the expropriation.

The loss of income from the the Exploits Partnership as well as the expiration of a water rights contract in Ontario on another project combined to reduce gross revenue for Fortis Generation 73% from $19 million in 2008 Q1 to $5.0 million in 2010 Q1.  Fortis Generation is the subsidiary through which Fortis partnered in the Exploits project with Abitibi.

Contacted by Bond Papers in early 2009 to clear up confusion created by comments by the Premier and the text of the expropriation bill on the Fortis aspects of the expropriation, a spokesperson for the province’s natural resources department refused any comment on the process as there was a process in place to discuss the expropriation and any compensation.

In answer to questions in the House of Assembly last month about negotiations with Fortis and ENEL - another company affected by the expropriation - natural resources minister Kathy Dunderdale said only that talks were continuing and that “a number of arrangements had been made” in the meantime.

-srbp-

01 May 2010

How our system doesn’t work

Supposedly the Western Star – the province’s west coast daily – has never liked or supported Danny Williams.

Now before anyone starts clacking a comment just remember that is the official crackberry statement from the Premier’s publicity machine in response to a recent editorial in the Star that suggested the Old Man is getting a bit cranky and might want to consider retiring.

It’s a load of dung but that’s another story.

The Star editors this week could have decided to write an editorial on the revelation that the provincial government had royally screwed themselves and taxpayers with a botched expropriation of assets that used to belong to Fortis, Enel and Abitibi.

Sounds like a logical topic especially for a paper the crowd with crackberries would like you to think keeps a voodoo doll of Hisself that they stick pins into every day during the morning story meeting.  After all, what better story is there for the bunch of Danny-haters at the Star than this.

So what did the Star do with it?

Try this assessment on for size:

The ruling PCs stood in the House of Assembly this week and said the botched the expropriation of the AbitibiBowater properties in this province when they included properties that will likely require millions of dollars in environmental cleanup.

That aside, at least the Tories, to their credit, were up front about the blunder, and said so straight out without trying to couch it in some political song and dance.

Then they turn their attention to what the Star editorialists see as the real villain in this piece,  the five people on the opposition benches:

It’s time they admitted their shortcomings in the process.

It’s the duty of the opposition to challenge the government on legislation it brings before the house, and make sure these kinds of potentially expensive hiccups don’t make it into law.

They were asleep at the switch in this matter — there’s now way around it.
They dozed in their seats, didn’t ask enough questions ... and let the bad legislation become the law of the land.

It should be a lesson for all concerned.

Our system works best when the tough questions are asked ... not when  government gets a free pass.

That last sentence is absolutely true.

We also know our system is not working in this case because the crowd at the Western Star can’t even get a simple fact right.  When they say that the provincial government was “upfront” about the blunder and didn’t couch their news in political rhetoric, well, nothing could be further from the truth.

A good 10 months elapsed between the time the crowd on the Hill discovered the shag-up and the first time they mentioned it publicly in this province.

That’s right 10 months.

But that’s just for this province. 

In Quebec, people there knew of the monumental blunder back in October.  That’s when a Quebec court handling the Abitibi bankruptcy protection listened to arguments in a case involving the provincial government and its ongoing war with Abitibi.

And when the provincial government finally did publicly mention they owned the mill, the news release made it sound like Abitibi had simply abandoned its property and that as a result, the provincial government was doing the noble thing and taking custody to protect the public interest.

None of the government narrative on this issue since May 2009 has been even vaguely close to the credit-worthy actions the Star editorialists invented.  In fact, so great a work of fiction is the premise of this editorial that its writers would be better off handing their resumes to the show driver on Doyle than wasting their time out there in the second city.

As if that hum were not enough for the Humber crew, though, the Star then decided to blame the Liberals and New Democrats. Apparently the whole thing while a government measure could have been avoided if only they had done their jobs.

Well, here’s a simple test:  look around and try to find anyone - any one person – in December 2008 who publicly doubted the wisdom of the expropriation and/or the haste with which it was done.

Go on and look.  We’ll wait until you are done.

No luck?

That’s hardly surprising.  The Western Star,  for example, thought that the expropriation was the right thing to do and praised the legislature – the full legislature, no less – for acting.  Not a peep about the possibility of mistakes or the need to slow down and let the opposition do its job. Not a word about how our system requires a bit of sober second thought, a bit of careful scrutiny lest someone make a colossal mistake of any kind.

If there were two people in the entire province publicly criticising the haste of it, let alone the expropriation itself, then that’s all there was.  We were summarily dismissed by all those, the opposition included, who shared the view that Abitibi, the friggers,  ought to lose all its stuff in the province.  We were discounted by those who trusted the provincial government to be careful and to make sure everything was done properly.  After all, they have never been wrong before.

Your humble e-scribbler singled out the NDP leader in December 2008 to illustrate how little thought had gone into the expropriation bill, but, in fairness Lorraine Michael is nothing more than an example of the views and attitudes of almost everyone in the province at the time.

And in the end, that post concluded, somewhat prophetically, that:

In the future  - perhaps a few months or even a few years - someone will look back on this time and wonder how such steps could be taken.  They wonder how the Churchill Falls deal could have be done, with the concurrence of all members of the legislature.

In the energy bill and now the expropriation bill – as exemplified by Lorraine Michael’s comments - they have a very simple answer. No one bothered to think.

And there it is, dear friends, the simple truth of the matter.  No one bothered, no one took the time to think. no one felt thinking might be even needed.  Let Hisself and the crew look after that.

No government ought to get such a free pass.

But in this case, the government got its free pass, handed to them gleefully by the legislature and everyone else.

The expropriation debacle is the result.

And if the Star editorialists want someone to blame for this fiasco they can look in the mirror.  They needn’t waste much time doing that, though.  There’s enough guilt to go around when it comes to people who let the government have a free pass on this issue.

Then again, for the past seven years that’s what this government has had:  a free pass. They are popular because they are right and right because they are popular as the sock puppets, Fan Clubbers and pitcher plants will tell you. Things worked out when it appeared the provincial government won.  After all, our system can’t be broken if everything turns out right.  Trust in the saviour of the moment and all will be well.  Anyone saying otherwise just hates Danny.

Such ideas seem so foolish now.

The reality is that just as it was in 1969, so it was 40-odd years later.  Back then the three opposition members – Gerry Ottenheimer, Tom Hickey and Ank Murphy – sided with the government.  So too did the province’s editorialists. Fast forward to 2008 and see the same thing playing out all over again.

Our system of government works when tough questions are asked and  when thorough, prompt and complete answers are demanded.  There must be consequences  - even if only in the form of criticism - when the answers aren’t received. 

All the members of the legislature have a responsibility to ask those questions but so too do editorialists and ordinary citizens have an obligation to pose questions and demand answers.

It is the government’s duty to answer them.

Our system of government in this province is not working;  it has not been working since 2003.  The Abitibi expropriation mess serves only to highlight just exactly how great is the risk that people in this province are taking as a result.

And until people  - ordinary citizens and Western Star editorialists alike - start to acknowledge that, the risk that more Abitibi fiascos will take place – or have already - will only increase.

-srbp-

28 April 2010

The Abitibi Expropriation Fiasco: TARFU

The Government of Newfoundland and Labrador not only expropriated a paper mill it didn’t intend to seize, but two major houses and land rights over half the town of Grand Falls.

The size of the expropriation fiasco grew in leaps and bounds Tuesday as the House of Assembly started to dissect the budget estimates.  The morning’s revelations during committee meetings livened up Question Period in the afternoon.

Natural resources minister Kathy Dunderdale tried to bluster her way through the questions while her boss – the guy behind the mess – jetted off to Ottawa for what his office described as high level meetings. 

D’uh!.  Premiers don’t have other kinds of meetings.

Dunderdale denied accusations she and her colleagues had tried to hide the expropriation cock-up, claiming it had been revealed in a February 2010 news release.  But, that release tried to make it sound as if Abitibi had vacated the property.

What’s worse, the full scope of the mess wasn’t revealed until this past week in the House of Assembly.

What’s more, the provincial government knew of the expropriation blunder in May, 2009, five months after the expropriation. Not a single minister said a peep about the situation. The major league legal foul-up was discovered, incidentally, by a company retained to conduct title searches on the lands after the bill was rammed through the legislature.

According to Dunderdale in the House of Assembly Tuesday,  the provincial government originally intended to fix the problem by  - wait for it - bringing in a second piece of legislation which gave back the accidentally expropriated bits of land to Abitibi. 

You could not make this up if you tried.

Unfortunately for the hapless Williams administration, Abitibi’s bankruptcy made any amendment to expropriate the mill legally impossible.  That’s no small irony given that the expropriation was predicated in part on the potential that Abitibi would declare bankruptcy and sell off all it assets.  As Premier Danny Williams put it last week in the House of Assembly:

They would have sold them off to some other interest, and we would have been left high and dry and our workers and the environmental issues, none of those would have been resolved; or otherwise they would have gone bankrupt and they would have lost everything and we would not have had anything.

Interestingly, Dunderdale told reporters outside the legislature that the provincial government was “well into the fall” before they realised they wouldn’t be able to introduce the do-over legislation.  While Dunderdale didn’t say exactly when she and her colleagues figured out their legislative option was closed, her admission it might have been in November suggests there is some overlap between the realisation their legislative options were closed and a series of events in a Quebec courthouse.

The provincial government launched a legal application in October 2009 just days after a surprise announcement in Buchans about possible contamination of the community from a long abandoned mine. The legal action was an effort to gain access to Abitibi’s private financial information through a data sharing arrangement between Abitibi and its creditors.

The court dismissed the application and with it the Williams administration’s claim to creditor status, finding, in part, that “…[t]he Motion has merely referred to several press articles in support of an alleged claim against Abitibi for the contamination arising from a closed mine in the town of Buchans. [59] These vague and unsubstantiated allegations are, at this point in time, barely supported.” 

The court also dismissed the province’s claim to creditor standing through an arrangement with unions to pay severance and other payments to former Abitibi employees:

[54] On one hand, the Province alleges, without supporting evidence, that it has made payments to certain former employees of the Abitibi's Grand Falls mill.  Yet, no evidence to establish the nature of the payments made or any lawful assignment of the related claims has been put forward.

[55] Indeed, when one reads paragraphs 7, 8 and 9 of the Motion, it appears obvious that if Abitibi's former employees in the Province claims have been assigned to anyone, it is to an organisation created by the various unions involved, not to the Province.  Its role is simply to fund this organisation.

[56] In that regard, the Motion itself refers to claims that will ultimately be made in the restructuring by an "Assignee".  According to the Motion, this "Assignee" is certainly not the Province.

Within three days of the failure of that application, the provincial government issued a series of nine environmental orders to Abitibi.  They required, among other things, that Abitibi file environmental remediation plans with two months and complete all work within one year.  

Aside from the apparently coincidental timing of these actions, it is interesting to see in a decision on whether the environmental claims were barred by a previous decision of the court overseeing the Abitibi creditor arrangements, the court noted:

[60]  Although the Province publicly announced that the Abitibi Act did not include the Grand Falls mill then still in operation, a review of the Abitibi Act revealed that, whether deliberately or as a result of the haste in which the Act was drafted, the Grand Falls mill site was, in fact, included in the confiscated assets.

Of course that’s all just extra in a situation in which the provincial government’s strategy in seizing the assets went poof with that legal cock-up.  From the briefings given before the bill was unveiled in December 2008 to the Premier’s own public comments as recently as December 2009, Danny Williams intended to leave the company with the environmental liabilities while seizing all the choice assets.

In the end, any compensation for the seized assets would be balanced by the environmental liabilities.  The deal the provincial government hoped to strike would see no money change hands.  The provincial government might wind up paying for the clean-ups, but it would escape any NAFTA penalties and other payments.

As Williams put it on the day the seizure bill raced through the legislature:

If that [the cost of environmental clean-up] is quantified, then that would be offset against any responsibility for compensation. If there is an excess of value over liability, then that would be the amount that would be paid.

That isn’t the way things turned out.

The provincial government now owns the mill outright and will wind up covering the costs of any clean-up on its own. In addition, it will still have to pay compensation for the seized assets.  Even the Williams administration’s own expropriation legislation calls for it to pay compensation.  If the provincial government reneged on its statutory obligation, presumably Abitibi could and would sue.

Then there is the NAFTA claim. Abitibi is pursuing a lawsuit that seeks a minimum of $500 million for what it says was an illegal seizure of assets.

And if Kathy Dunderdale wonders where people are getting the numbers involved, she can just look around.  Her own colleagues have been putting costs on the environmental cost for the past year that come to around $200 to $300 million.

For the numerically challenged, or for those living in denial, that would wind up being $800 million:  $500 million for NAFTA and another $300 million for the environmental work.

At least.

That’s a pretty hefty cost taxpayer’s will have to bear to clean-up someone else’s mess.

TARFU.

-srbp-