Identifier
Created
Classification
Origin
09QUITO22
2009-01-15 16:59:00
CONFIDENTIAL
Embassy Quito
Cable title:
U.S. MACHALA POWER REACHES AGREEMENT WITH GOE ON INVESTMENT
how-toVZCZCXYZ0000 OO RUEHWEB DE RUEHQT #0022 0151659 ZNY CCCCC ZZH O 151659Z JAN 09 FM AMEMBASSY QUITO TO RUEHC/SECSTATE WASHDC IMMEDIATE 9864 INFO RUEHBO/AMEMBASSY BOGOTA PRIORITY 7917 RUEHCV/AMEMBASSY CARACAS PRIORITY 3340 RUEHLP/AMEMBASSY LA PAZ JAN 1363 RUEHPE/AMEMBASSY LIMA PRIORITY 2981 RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4026 RHMFISS/DEPT OF ENERGY WASHINGTON DC PRIORITY RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
C O N F I D E N T I A L QUITO 000022
SIPDIS
DEPT FOR WHA/EPSC FAITH CORNEILLE
USTR FOR BENNETT HARMAN
E.O. 12958: DECL: 01/16/2019
TAGS: EINV ENRG ECON EC
SUBJECT: U.S. MACHALA POWER REACHES AGREEMENT WITH GOE ON INVESTMENT
DISPUTE
REFTEL A: QUITO 1
B: 08 QUITO 966
C: 08 QUITO 681
D: 08 QUITO 314
Classified By: DCM Andrew Chritton, Reasons 1.4 (b&d)
C O N F I D E N T I A L QUITO 000022
SIPDIS
DEPT FOR WHA/EPSC FAITH CORNEILLE
USTR FOR BENNETT HARMAN
E.O. 12958: DECL: 01/16/2019
TAGS: EINV ENRG ECON EC
SUBJECT: U.S. MACHALA POWER REACHES AGREEMENT WITH GOE ON INVESTMENT
DISPUTE
REFTEL A: QUITO 1
B: 08 QUITO 966
C: 08 QUITO 681
D: 08 QUITO 314
Classified By: DCM Andrew Chritton, Reasons 1.4 (b&d)
1. (C) Summary. U.S. electricity generator Machala Power signed an
agreement with the GOE December 19 to drop its arbitration claim in
exchange for payment of approximately $70 million to cover past due
GOE debts (payment and termination of the arbitration claim are still
pending). The company had hoped to resolve all of its outstanding
issues before dropping arbitration, but chose to settle before
Ecuador's financial situation deteriorated further. GOE approval to
waive additional Machala investment commitments in electricity, and
for sister company EDC to develop natural gas are still outstanding.
End Summary.
2. (U) On December 19, Machala Power, one of the two remaining U.S.
electricity companies in Ecuador, signed an agreement with the GOE
regarding debt owed by the government. The debt accrued when
government-owned electricity distributors failed to fully pay Machala
Power for electricity that it supplied. Machala Power is to be paid
$59.8 million in cash in January 2009, and the remaining balance
(approximately $10 million) 10 days later. In exchange, Machala
Power will withdraw its international arbitration claim. A December
24 statement on the Presidency website announced the agreement. To
date, Machala Power has not received payment.
Machala Power and EDC
--------------
3. (SBU) One of Noble Energy's two subsidiaries in Ecuador, Machala
Power generates electricity using natural gas produced by its sister
company EDC. Machala Power filed for international arbitration in
March 2005, but continued to seek a negotiated settlement with the
GOE. The company has been working to resolve its dispute with the
GOE for several years (in October 2008, Machala signed a statement of
intent with the GOE, agreed on the debt amount, and was very close to
resolving some of its issues, reftel B. However, the two sides did
not reach final agreement).
4. (SBU) Previously, Machala Power had been unwilling to withdraw
its arbitration case without resolving its other problems. Noble
Energy would like to get out of electricity generation in Ecuador and
focus on natural gas production through EDC. In light of this, the
company wants to obtain approval to waive additional investment
requirements in Machala Power's investment plan, which is currently
in force majeure. Other pending issues include guarantees of future
payment for electricity generation; obtaining approval for EDC's
development plan for natural gas, and agreeing on a price to sell gas
from EDC to the state.
Settle Now While Funds Available
--------------
5. (C) Machala Power General Manager John Tomich explained that
Ecuador's poor economic outlook led the company to agree to settle
past debts and drop its arbitration, even though other issues still
remain. He said that the company was "getting scared" that the GOE
would run out of money, and that if they waited and tried to resolve
all of Machala Power/EDC's issues at once, funds might not be
available for payment in 2009. In fact, Tomich expressed concern
that the possibility of the GOE buying Machala Power, discussed
extensively in November 2008, may no longer be viable.
Comment:
--------------
6. (C) This is another case of the GOE resolving an investment
dispute with a U.S. company, following agreements with Occidental
Petroleum (on one of its cases),City Oriente, and Duke Energy in
2008 (reftels D,C, and A). The payment amount is significant - $70
million, much larger than Duke Energy's payment of $10 million.
Machala Power wants out of the problematic electricity sector
(hopefully by selling to the GOE),but sister company EDC plans to
remain in Ecuador and expand its natural gas production, selling to
state oil company Petroecuador. Both companies still face a number
of issues before these plans can be realized, which could become more
difficult to resolve as the GOE's financial situation worsens.
HODGES
SIPDIS
DEPT FOR WHA/EPSC FAITH CORNEILLE
USTR FOR BENNETT HARMAN
E.O. 12958: DECL: 01/16/2019
TAGS: EINV ENRG ECON EC
SUBJECT: U.S. MACHALA POWER REACHES AGREEMENT WITH GOE ON INVESTMENT
DISPUTE
REFTEL A: QUITO 1
B: 08 QUITO 966
C: 08 QUITO 681
D: 08 QUITO 314
Classified By: DCM Andrew Chritton, Reasons 1.4 (b&d)
1. (C) Summary. U.S. electricity generator Machala Power signed an
agreement with the GOE December 19 to drop its arbitration claim in
exchange for payment of approximately $70 million to cover past due
GOE debts (payment and termination of the arbitration claim are still
pending). The company had hoped to resolve all of its outstanding
issues before dropping arbitration, but chose to settle before
Ecuador's financial situation deteriorated further. GOE approval to
waive additional Machala investment commitments in electricity, and
for sister company EDC to develop natural gas are still outstanding.
End Summary.
2. (U) On December 19, Machala Power, one of the two remaining U.S.
electricity companies in Ecuador, signed an agreement with the GOE
regarding debt owed by the government. The debt accrued when
government-owned electricity distributors failed to fully pay Machala
Power for electricity that it supplied. Machala Power is to be paid
$59.8 million in cash in January 2009, and the remaining balance
(approximately $10 million) 10 days later. In exchange, Machala
Power will withdraw its international arbitration claim. A December
24 statement on the Presidency website announced the agreement. To
date, Machala Power has not received payment.
Machala Power and EDC
--------------
3. (SBU) One of Noble Energy's two subsidiaries in Ecuador, Machala
Power generates electricity using natural gas produced by its sister
company EDC. Machala Power filed for international arbitration in
March 2005, but continued to seek a negotiated settlement with the
GOE. The company has been working to resolve its dispute with the
GOE for several years (in October 2008, Machala signed a statement of
intent with the GOE, agreed on the debt amount, and was very close to
resolving some of its issues, reftel B. However, the two sides did
not reach final agreement).
4. (SBU) Previously, Machala Power had been unwilling to withdraw
its arbitration case without resolving its other problems. Noble
Energy would like to get out of electricity generation in Ecuador and
focus on natural gas production through EDC. In light of this, the
company wants to obtain approval to waive additional investment
requirements in Machala Power's investment plan, which is currently
in force majeure. Other pending issues include guarantees of future
payment for electricity generation; obtaining approval for EDC's
development plan for natural gas, and agreeing on a price to sell gas
from EDC to the state.
Settle Now While Funds Available
--------------
5. (C) Machala Power General Manager John Tomich explained that
Ecuador's poor economic outlook led the company to agree to settle
past debts and drop its arbitration, even though other issues still
remain. He said that the company was "getting scared" that the GOE
would run out of money, and that if they waited and tried to resolve
all of Machala Power/EDC's issues at once, funds might not be
available for payment in 2009. In fact, Tomich expressed concern
that the possibility of the GOE buying Machala Power, discussed
extensively in November 2008, may no longer be viable.
Comment:
--------------
6. (C) This is another case of the GOE resolving an investment
dispute with a U.S. company, following agreements with Occidental
Petroleum (on one of its cases),City Oriente, and Duke Energy in
2008 (reftels D,C, and A). The payment amount is significant - $70
million, much larger than Duke Energy's payment of $10 million.
Machala Power wants out of the problematic electricity sector
(hopefully by selling to the GOE),but sister company EDC plans to
remain in Ecuador and expand its natural gas production, selling to
state oil company Petroecuador. Both companies still face a number
of issues before these plans can be realized, which could become more
difficult to resolve as the GOE's financial situation worsens.
HODGES