Enron Mail

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Subject:From The Enron India Newsdesk - June 6th newsclips
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Date:Wed, 6 Jun 2001 05:52:02 -0700 (PDT)


Wednesday, June 06, 2001, http://www.economictimes.com/today/06infr01.htm
DPC lenders' Singapore meet inconclusive

The above article also appeared in the following newspaper:


Wednesday, June 06, 2001, http://www.dailypioneer.com/secon3.asp?cat=3D\bus=
i5&d=3DBUSINESS
FIs meet on Enron remains inconclusive=20
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Wednesday, June 06, 2001, http://www.timesofindia.com/today/06busi1.htm
Lenders split over DPC transfer notice to MSEB , Pradipta Bagchi=20
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Wednesday, June 06, 2001, http://www.indian-express.com/ie20010606/bus1.htm=
l
DPC lenders meet opens on a positive note
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Wednesday, June 06, 2001, http://www.financialexpress.com/fe20010606/top6.h=
tml
DPC lenders to resume talks today in Singapore=20

The above article also appeared in the following newspaper:


Wednesday, June 06, 2001, http://www.business-standard.com/today/economy7.a=
sp?Menu=3D3
DPC lenders to meet again today=20
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Wednesday, June 06, 2001, http://www.business-standard.com/today/economy6.a=
sp?Menu=3D3
MSEB refuses DPC power at 90% PLF , Renni Abraham
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Wednesday, June 06, 2001, http://www.hindubusinessline.com/stories/14065601=
.htm
Dabhol says ready to extend conciliation , Shaji Vikraman , Balaji C. Mouli=
=20
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Wednesday, June 06, 2001, http://www.hindubusinessline.com/stories/14065602=
.htm
MSEB unruffled amid power talk , Dinesh Narayanan=20
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Wednesday, June 06, 2001, http://www.financialexpress.com/fe20010606/news2.=
html
CEA to assess viability of Dabhol power despatch to various states' , San=
jay Jog
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Wednesday, June 06, 2001, www.asianageonline.com
Gujarat, Up High on Power Reforms, By Rajesh Unnikrishnan
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THE ECONOMIC TIMES, Wednesday, June 06, 2001=20
DPC lenders' Singapore meet inconclusive
=20
THE CRUCIAL talks between the foreign and Indian lenders of US energy major=
Enron-promoted Dabhol Power Company at Singapore remained inconclusive on =
Tuesday and are slated to continue on Wednesday. "The meeting has spilled o=
ver to the second day with DPC to participate in the proceedings on Wednesd=
ay," financial institutions sources said. The sources said Enron India mana=
ging director K Wade Cline and DPC president Neil McGregor were likely to p=
articipate in the second day of the meeting. They said the meeting, which w=
ent on for over an hour, discussed the ongoing financial and legal disputes=
between DPC and the Maharashtra State Electricity Board. "Nothing has been=
finalised as yet," they said when asked whether both the Indian and foreig=
n lenders were able to arrive at any solution for solving the current statu=
s quo. At the Singapore meet, the lenders have come together to try and dif=
fuse the tension and unite the two "warring partners" - DPC and MSEB.=20

The foreign lenders were expected to be updated by their Indian counterpart=
s about developments like DPC's preliminary termination notice to MSEB, whi=
ch in retaliation rescinded the PPA and stopped drawing power from the mult=
inational from May 29. The Indian lenders would press for completion of the=
$3-billion project, as DPC has stopped commercial production and doubts ar=
e being expressed for commissioning of its 1,444-mw phase-II, due on Thursd=
ay. The Indian team is led by Industrial Development Bank of India executiv=
e director R S Agarwal, who is also DPC board member, along with representa=
tives of State Bank of India and ICICI. The foreign lenders include a conso=
rtium led by ABN-Amro, Citibank NA, Japan Exim Bank and Opic. (PTI)
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THE TIMES OF INDIA, Wednesday, June 06, 2001=20
Lenders split over DPC transfer notice to MSEB , Pradipta Bagchi=20
Lenders to the $ 2.9-billion Dabhol Power Company are split over whether DP=
C should be allowed to issue a transfer notice to MSEB. Last Friday, Enron =
sought the lenders' permission--for the second time in a month--to issue a =
transfer notice to MSEB. A transfer notice allows the valuation of all fixe=
d assets to begin with and is the first step in starting the process of tra=
nsfer of assets to the MSEB. While domestic lenders like IDBI, ICICI and SB=
I--with an exposure of more than Rs 5,000 crore to the project--are opposin=
g the move to issue a transfer notice, most foreign lenders including the l=
ead arrangers to the project are now agreeable to the transfer notice being=
issued by the DPC. On the first day of lenders' deliberations in Singapore=
, vast differences emerged between the domestic and foreign lenders in this=
regard.=20
While domestic lenders are worried about the impact of the huge exposure on=
their balance sheets, foreign lenders, who typically have smaller exposure=
, are of the opinion that without any alternative concrete solutions, it ma=
y be worthwhile to pull the plug on the project. ``Without any concrete sol=
utions and no fixed time-frame, foreign lenders are not willing to go to th=
eir respective credit committees for further disbursals,'' a lender from Si=
ngapore told The Times of India. ``There is no point throwing more good mon=
ey after bad, is the consensus among foreign lenders,'' said the lender.=20
Among other issues discussed on the first day of the meetings was whether t=
he lenders should throw Enron out of the project and take over the operatio=
ns of DPC. However, without a proper team of skilled managers in place, it =
is unlikely that the lenders will risk throwing out the current operators. =
Fresh disbursals from the lenders are unlikely. Among the first casualties =
will be an Enron affiliate company, which is the EPC contractor for the LNG=
terminal. On June 8, a payment of $ 13 million is to be made to the LNG co=
ntractor, which will not be disbursed by the lenders. Another big payment o=
f $ 25 million has to be made to Bechtel, the EPC contractor for the power =
plant, by June 18 as well.=20
Enron and DPC officials will make a presentation on Wednesday to the banker=
s, following which, further deliberations will be held among the lending ba=
nks.
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THE INDIAN EXPRESS, Wednesday, June 06, 2001=20
DPC lenders meet opens on a positive note

The first day of the crucial meeting between the Indian and international l=
enders in Singapore has opened on a positive note with the foreign lenders =
showing signs of giving more time to Indian government to resolve the probl=
em.=20

Foreign lenders are enthused by the fact that the Centre is ready to give i=
ncentives to the project so that DPC can reduce its tariff. The Centre' pac=
kage include cutting interest rate on the project, and asking the Central E=
lectricity Authority (CEA) to work out a contingency plan for sale of power=
to other States from the Dabhol power project.''The international lenders =
are ready to give some more time to find out a solution. Lenders will take =
the maximum hit if the Enron pulls the plug into the project,'' FI sources =
said. Hence, the rethinking among the international lenders. The Centre's p=
ackage, to be ready in another two months, would also lower the customs dut=
y on imported LNG which would further help the company to lower the tariff.

Enron India managing director K Wade Cline and DPC president Neil McGregor =
are likely to participate in the second day of the meeting on Wednesday to =
present their side of the story. Tuesday's meeting, which went on for over =
an hour, discussed the on-going financial and legal disputes between DPC an=
d its partner Maharashtra State Electricity Board (MSEB).At the meet, the l=
enders have come together to try and diffuse escalated tension and unite th=
e two warring partners, DPC and MSEB, say FI sources.=20

While loans from international FIs enjoy the Indian government guarantee, i=
t would be Indian FIs which will have to take the maximum hit if the projec=
t gets derailed. On Tuesday, the foreign lenders were updated by the Indian=
counterparts over series of events like DPC's Preliminary Termination Noti=
ce to MSEB, which in retaliation rescinded the PPA and stopped drawing powe=
r from the multinational from May 29. The Indian team is led by Industrial =
Development Bank of India (IDBI) executive director R S Agarwal, who is als=
o DPC board member, along with representatives of State Bank of India and I=
CICI. The foreign lenders include a consortium led by ABN-Amro, Citibank NA=
, Japan Exim bank and OPIC.=20

Sanjay Jog=20
The Central Electricity Authority (CEA) has launched an exercise to assess=
the viability of despatch of Dabhol power to various power deficit states =
across the country, announced the Union minister of state for power Jayavan=
tiben on Tuesday. Mehta said that the CEA, which has been asked to undertak=
e this exercise recently, will take into account the burden to be borne by =
various power deficit states during the despatch of power. Currently, if th=
e power has to be transported from eastern grid to western grid, there is c=
ertain fixed charge imposed on it. "The CEA will have to carry out this exe=
rcise at length so that the exact picture will emerge whether or not the Da=
bhol power despatch is viable and whether the states are keen to purchase t=
hat power," the minister added. Mehta said that the centre will not purchas=
e Dabhol power as its undertakings cannot take the additional burden on the=
m. She informed that the union finance ministry in no uncertain terms made =
it clear that the centre cannot purchase Dabhol power and sell it at cheape=
r rate to the states especially when these states owe over Rs 30,000 crore =
to various central public sector undertakings. Mehta said that prime minist=
er AB Vajpayee who has been apprised him of the present situation on the Da=
bhol front has assured to provide necessary assistance especially technical=
one to resolve the issue.
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THE FINANCIAL EXPRESS, Wednesday, June 06, 2001
DPC lenders to resume talks today in Singapore=20

THE two-day talks to resolve Dabhol tangle opened on a positive note in Si=
ngapore on Tuesday.Sources in Indian financial institutions (IFIs) told The=
Financial Express that the IFIs comprising representatives of IDBI, ICICI,=
State Bank of India (SBI) met to chalk out their strategy at the two-day m=
eeting with offshore lenders and Enron officials. The Indian team was lead =
by Mr RS Agarwal, IDBI executive director, along with the other officials f=
rom other lending institutions including those from the SBI and ICICI.Appar=
ently, the IFIs, on Tuesday revived their efforts to convince DPC's offshor=
e lenders to maintain "restraint" to save the Dabhol project. The meeting b=
etween the IFIs and their foreign counterparts remained inconclussive on Tu=
esday. The foreign lenders are expected to take a clear stand on Wednesday.

Interestingly, the meeting is expected to be participated by members of the=
DPC on the second day, said financial institutions sources. The sources sa=
id, Enron India managing director K Wade Cline and DPC president Neil McGre=
gor are likely to participate in the second day of the meeting. The meeting=
was also attended by a consortium led by ABN-Amro, Citibank NA, Japan Exim=
Bank and OPIC. According to sources in IDBI: "The foreign lenders have giv=
en us a patient hearing to our views suggesting that they should not precip=
itate the crisis by any of their further moves." The sources said the IFIs =
are determined to take up the issue of completion of the Dabhol phase-II in=
view of 90 per cent of its completion. "The IDBI has recieved a mandate fr=
om the government that an all-out effort be made to save the Dabhol project=
," the sources added.

The offshore lenders are believed to have sought various details with refer=
ence to the payment guarantees from the Maharashtra State Electricity Board=
(MSEB) as well as fulfilment of contractual obligations in the wake of rev=
oking of the power purchase agreement. The IFIs are likely to press for the=
revocation of suspension of loan disbursement by offshore lenders so that =
phase-II be completed. The offshore lenders had suspended loan disbursement=
after the DPC board meeting of London on April 25.=20
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BUSINESS STANDARD, Wednesday, June 06, 2001
MSEB refuses DPC power at 90% PLF, Renni Abraham
The Maharashtra government will not buy power from the first phase of the =
Dabhol Power Company's (DPC) project at a 90 per cent plant load factor (PL=
F), a senior state government official said here today. The statement repre=
sents a hardening of Maharashtra's position on talks with DPC and virtually=
kills the latter's proposal to split tariffs for the Centre and Maharashtr=
a. The Maharashtra State Electri- city Board (MSEB) is now required to buy =
90 per cent of the power generated by the first phase (740 mw) of the proje=
ct. But during negotiations with the Godbole Committee, it has been demandi=
ng that the requirement be cut to 35 per cent. At the last Godbole Committe=
e meeting, DPC had put forward a plan to split tariffs for the Centre and M=
aharashtra, with the Centre paying Rs 3.30 per unit of power and MSEB payin=
g Rs 3.50.=20
The Centre, DPC suggested, could buy two-thirds of the power it generated, =
once the second phase (1,444 mw, taking the total capacity to 2,184 mw) was=
completed. Maharashtra's latest position undermines DPC's proposal since t=
he Enron-promoted company's tariff hinges on MSEB absorbing 90 per cent of =
the power it generates in the first phase. A senior state government offici=
al said: "The Centre has been talking a lot about playing the role of a fac=
ilitator. What we need is a buyer for the second phase." Despite recent cen=
tral government pronouncements, state government officials privately argue =
that the Centre is not playing an active role in resolving the problems tha=
t have plagued the DPC project. At the very first Godbole Committee meeting=
he attended, the Centre's nominee, AV Gokak, adopted a non-committal stand=
. The Maharashtra government official added: "Gokak said he was merely atte=
nding the meeting in the capacity of a messenger and would communicate to t=
he Centre any solution worked out by the renegotiation committee. The Union=
power ministry has stated that a solution worked out by the renegotiation =
committee would be acceptable to it. Unless the Centre takes an active part=
and assures the offtake of the second phase, no solution can be worked out=
."
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THE HINDU BUSINESSLINE, Wednesday, June 06, 2001=20
Dabhol says ready to extend conciliation , Shaji Vikraman , Balaji C. Mouli=
=20

THE Dabhol Power Company (DPC) has accepted the Finance Ministry's proposal=
for a two months' extension for the conciliation process. The extension wi=
ll be effective from June 7. This development is perceived by the Governmen=
t as a positive signal as it offers more leeway to work out a solution to r=
esolve the Dabhol crisis. DPC's nod for an extension, which was communicate=
d to the Finance Secretary on Monday, is subject to the Government acceding=
to the company's stand on the ongoing arbitration proceedings. The company=
has said that it would continue to pursue the arbitration proceedings whic=
h have already been initiated by the company, according to senior Ministry =
officials. Under the power purchase agreement (PPA), conciliation and arbit=
ration are two methods under the contract to resolve disputes between the t=
wo parties. Normally, arbitration is resorted to only after conciliation fa=
ils. However, in this case, DPC has dragged MSEB to the arbitration forum e=
ven as the conciliation process is being pursued.=20

DPC has already slapped three arbitration notices on the Maharashtra State =
Electricity Board (MSEB). The first notice was issued to the board for its =
failure to honour the December 2000 bill of Rs 102 crore and the January 20=
01 bill of Rs 111.6 crore while two other notices were for failures to hono=
ur the Maharashtra Government's State support agreement and the supplementa=
ry State support agreement. The conciliation process was adopted in the wak=
e of the dispute arising over the settlement of DPC's December bills of Rs =
102 crore, followed by the MSEB's counter claim of Rs 400 crore for the sam=
e period.=20

The conciliation process was agreed upon on April 7 and was to be concluded=
in two months. However, simultaneously, arbitration proceedings were trigg=
ered between DPC and MSEB. With the conciliation process making little head=
way, the Finance Ministry sought an additional two months time for concludi=
ng the process. Prior to that, the Attorney General's interpretation of the=
MSEB-DPC contract was that the payment could be made to DPC only if the bi=
ll was undisputed. Hence, the Centre decided to opt for the conciliation pr=
ocess.=20

During recent meetings between the Government and the DPC officials, the la=
tter had pointed out that if the Government was able to work out a package =
in six months, it would withdraw its termination notice and reamin in the p=
roject for up to a year. The Finance Ministry officials feel that the Centr=
e has been dragged into the DPC controversy well beyond its contractual obl=
igation. ``The Centre's involvement in DPC-MSEB issue is restricted to the =
first phase. The fate of the second phase is entirely a matter between the =
MSEB and DPC,''they said.=20

Analysts feel that the Power Minister, Mr Suresh Prabhu's words of hope to =
defuse the Dabhol crisis are not grounded in reality. ``The Centre is totti=
ng sale of Dabhol power to third-party as a key solution. However, first, u=
nder the existing electricity laws, the Centre cannot authorise third-party=
sale since it is in the State's domain. Secondly, since it is a purely com=
mercial decision, the Central Electricity Authority's (CEA) intervention do=
es not offer any significant breakthrough.'' Recently, the Power Ministry h=
ad instructed the CEA to survey the demand requirement of neighbouring Stat=
es over the next two years as well as their purchase price.=20
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THE HINDU BUSINESSLINE, Wednesday, June 06, 2001=20
MSEB unruffled amid power talk , Dinesh Narayanan=20

EVEN as officials from various financial institutions and banks split hairs=
in Singapore on whether to sink or sail with the Dabhol power project, the=
Maharashtra State Electricity Board (MSEB) is cool about the entire affair=
. Unlike previous instances when the odds were stacked against it, this tim=
e MSEB knows pretty well that whatever happens, it will remain unscathed. I=
f someone has to take a hit, it has to be the financiers and maybe the Gove=
rnments.At the hearing before the Maharashtra Electricity Regulatory Author=
ity (MERC), the Advocate-General, Mr Goolam Vahanvati, had said on behalf o=
f the board that MSEB was being kind towards Enron when it rescinded the co=
ntract for ``material misrepresentation''. One more step, and it's fraud, h=
e had told MERC.=20

Knowing this fully well, MSEB has kept its cool throughout the altercation.=
It firmly believes that if nothing else, it can pin down the company on ju=
st this one point at any forum. Enron too has not said at any point of time=
that it can actually perform as per the ``cold-start graph'' in the power =
purchase agreement. In fact, it has said such performance -- making availab=
le full power in 180 minutes -- is ``not possible'' by any such plant in th=
e world. In a way, it was MSEB's defiant posturing coupled with the Maharas=
htra Government's passing the buck up that got the Central Government to ac=
t.=20

One thing evident throughout the crisis is that all the players are trying =
to save their own skin. In spite of the developments, Enron has played its =
cards close to its chest, and hinted to institutions at taking a hit on its=
returns only a few days ago. Even that, Mr Wade Cline, Managing Director, =
Enron India Pvt Ltd, is reported to have told Indian lenders, would hinge o=
n substantial give and take. Indian lenders have a genuine case in that the=
y are the ones without any assurances apart from the plant itself. And, the=
y are not in the business of running power plants. They cannot do much exce=
pt try get the players to somehow shake hands. They had tried to convince t=
he Government some time ago to get MSEB to activate the escrow and increase=
the letter of credit amount. But they were told off by MSEB which was in n=
o mood to relent. Today's meeting in Singapore remained inconclusive and th=
e talks will continue tomorrow. Tomorrow, Enron will make presentations to =
lenders at Singapore on what it feels can be done to move ahead. Whatever t=
he outcome of the meeting, MSEB is unlikely to agree to anything that might=
queer its pitch.=20
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THE FINANCIAL EXPRESS, Wednesday, June 06, 2001=20
CEA to assess viability of Dabhol power despatch to various states' , San=
jay Jog

THE Central Electricity Authority (CEA) has launched an exercise to assess =
the viability of the despatch of Dabhol power to various power deficit stat=
es across the country, Union minister of state for power Jayavantiben Meht=
a on Tuesday. Ms Mehta told The Financial Express that the CEA, which has b=
een asked to undertake this exercise recently, will take into account the b=
urden to be borne by various power deficit states during the despatch of po=
wer. Currently, if the power has to be transported from eastern grid to wes=
tern grid, there is a certain fixed charge imposed on it. "The CEA will hav=
e to carry out this exercise at length so that the exact picture will emerg=
e whether or not the Dabhol power despatch is viable and whether the states=
are keen to purchase that power," the minister added. Ms Mehta said that t=
he Centre will not purchase Dabhol power as its undertakings cannot take th=
e additional burden on them.=20

She informed that the Union finance ministry had in no uncertain terms made=
it clear that the Centre cannot purchase Dabhol power and sell it at cheap=
er rate to the states, especially when these states owe over Rs 30,000 cror=
e to various Central public sector undertakings. Ms Mehta said that Prime M=
inister Atal Behari Vajpayee, who has been apprised of the present situatio=
n on the Dabhol front, has assured that he would provide necessary assistan=
ce, especially technical, to resolve the issue. "The Centre is quite eager =
for the resolution of issue and will provide necessary cooperation," she ad=
ded.

Ms Mehta said that she had a meeting with the representatives of the Bank o=
f America and ABN Amro before they left for the Singapore meeting. "These l=
enders explained their position and the amount involved in the Dabhol plant=
. However, they also expressed their wish to participate in finding an acce=
ptable wayout," she added.
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THE ASIAN AGE, Wednesday, June 06, 2001
Gujarat, Up High on Power Reforms, By Rajesh Unnikrishnan

Uttar Pradesh, Delhi and Gujarat are moving ahead with implementing reforms=
in the power sector, even as the reforms in Maharashtra have come to a sta=
ndstill due to the Dabhol fiasco. Maharashtra was one of the first states t=
o initiate steps for reforms phase-II, by appointing a state regulatory com=
mission and going in for unbundling MSEB. Uttar Pradesh State Electricity B=
oard and Delhi Vidyut Board are finalising plans to privatise transmission =
and distribution, while Gujarat is planning to set up one more power projec=
t with private sector participation.=20

According to State Bank of India Capital Markets officials, UPSEB is going =
to float a new tender, inviting private sector players for power supply in =
Kanpur region. Due to employees' protests against the privatisation, the st=
ate electricity board had cancelled its earlier tender floated in 2000. SB=
I Caps had also short-listed four companies: L&T, CESC, BSES and Tata Power=
for transmission and distribution in Kanpur. The officials said: "UPSEB wi=
ll come out with a new tariff order for Kanpur by this week end and a new t=
ender will be floated by month-end. We would undertake the short-listing pr=
ocess by mid-July."They said that besides this, the UP State Industrial Dev=
elopment Corporation is also setting up a 30 MW captive power project for t=
he newly-developed industrial park, Tronica City, in the state. Total cost =
of the project is estimated at Rs 100 crores and BHEL is the equipment supp=
lier for the project.

SBI Caps short-listed six private players for supplying power in three regi=
ons Tata Power, BSES, Reliance Power, China Light&Power, AES, the AV Birla =
Group and CESC. Two months back, the Delhi government had cleared State Ban=
k of India Caps' proposal for the unbundling of DVB by dividing the board i=
nto five separate units. The proposal envisaged three transmission and dist=
ribution companies and two generation companies. DVB makes losses to the tu=
ne of Rs 1 crore per day. Officials said the Gujarat, on the other hand, is=
focussed more on generation and the state electricity board recently propo=
sed a 500 MW project in Mundra and invited a proposal from the private sect=
or.

The project will use imported coal as fuel and the state will keep a minimu=
m equity in it. There are two independent power projects in Gujarat: the Re=
liance-promoted, 500 MW, naphtha-based Hazira project and the 500 MW, gas-b=
ased project promoted by Gujarat Power Corporation. According to the offici=
als, the unbundling of Gujarat SEB has failed to take off because the state=
government has not yet appointed any merchant banker for it. The governmen=
t initiated the state electricity board unbundling around two years back.