UPDATE ON BOT COMPANIES IN TURKEY

C O N F I D E N T I A L ANKARA 002953

SIPDIS


STATE FOR E, EB/CBED, EB/IFD, EB/ESC AND EUR/SE
DEPARTMENT PASS OPIC FOR ZAHNISER, MAHAFFEY
NSC FOR BRYZA AND QUANRUD
USDOC FOR 4212/ITA/MAC/OEURA/CPD/DDEFALCO
USDOC FOR 6110/TD/BI/OEIM/MBEEMAN
USDOE FOR PUMPHREY/ROSSI
TREASURY FOR OASIA


E.O. 12958: DECL: 05/07/2013
TAGS: EINV ENRG ECON PREL TU
SUBJECT: UPDATE ON BOT COMPANIES IN TURKEY

REF: A) ANKARA 1390 B) ANKARA 416 C) ANKARA 8594 ,02


Classified by Econ Couns Scot Marciel for reasons 1.5 (b,d)



1. (C) Summary: Energy Minister Guler is continuing to
pressure the BOT projects to cut their electricity tariffs,
threatening parliamentary investigations or legal troubles if
they do not. The BOTs, which include U.S.-owned companies
Trakya Elektrik (Enron) and Doga Enerji (Edison Mission),
have informed the Minister in writing that they are not
prepared to change the terms of their contracts with the
Ministry of Energy (MENR). We have raised this issue with
senior GOT officials in recent weeks -- and many times over
the last several months -- with no progress. Although we
recognize the GOT,s right to try to renegotiate the BOT
contracts, we oppose any effort to force contractual changes.
We recommend that the OPIC/ExIm delegation, which will meet
with GOT officials May 14-16 in Ankara, focus on getting the
government to back off from its threats and approach the
companies with an eye toward compromise. End summary.



2. (C) Minister of Energy Guler called in the BOT projects
again on April 10, including U.S.-owned companies Trakya
Elektrik (Enron) and Doga Enerji (Edison Mission),and
U.K.-Japanese owned Uni-Mar. This meeting was a follow-on to
the February 6 meeting, during which the Minister first asked
the companies to cut their electricity prices (ref A).
According to company representatives, the Minister was even
more aggressive at the April meeting, threatening
parliamentary investigations or legal proceedings for
"fraudulent" contracts if the companies did not lower their
tariffs. We understands that Doga, Trakya, and Uni-Mar have
all responded to the Minister in writing, informing him that
they would not be able to comply with his request and they
could not change the terms of their contract; however,
company reps have told us off the record they would be more
inclined to negotiate if the "gun was removed from their
head."



3. (C) We have raised this issue in recent weeks in meetings
with senior GOT officials. The Prime Minister's Chief
Advisor, Ahmet Davutoglu, told the DCM he was not familiar
with the problem and asked for a backgrounder on the issue
(which we subsequently provided). Davutoglu added that, from
his uninformed perspective, it seemed that contracts were
contracts and any changes must be mutually agreed. The new
Energy Undersecretary Sami Demirbilek told Econ Couns that
the Energy Ministry wanted to approach the problem in a way
that did not hurt Turkey's foreign investment climate;
however, he said, he believed the companies needed to make
some "adjustments" based on the current realities in Turkey.



4. (C) President of the Energy Market Regulatory Authority
(EMRA) Yusuf Gunay told Econ Couns that Energy Minister had
committed publicly to cutting electricity prices -- even
though setting price's was EMRA's responsibility -- and
consequently felt he needed to force the BOTs to cut their
tariffs. Gunay, who clearly felt uncomfortable with the
Minister's approach with the companies, advised Econ Couns
that Minister Guler was the driving force on this issue, and
would be the key to resolving it.



5. (C) Comment: Although we recognize the GOT,s right to
try to renegotiate the BOT contracts, we oppose any effort to
force contractual changes. Post understands OPIC and ExIm
officials will raise this issue with the GOT in May 14-16
meetings in Ankara. We recommend that the delegation focus
on getting the government to back off from its threats and
approach the companies with an eye toward compromise. End
comment.
PEARSON