Companies in industries such
as utilities or extracting natural resources serve two masters,
customers and regulators. It is a relationship where crony favors
are sure to develop. Duke Energy's February coal ash spill into
North Carolina's Dan river highlighted the worst in crony capitalism.
That Governor Pat McCrory is a former employee who made it his
business to defang the EPA to reduce the regulatory burden to the
utility at the expense of the State's natural resources and it's
citizens safety will be politically damaging to the G.O.P.'s current
control there. While the the political ramifications of this
accident are left to the good people of North Carolina, the
investment community currently is voting with their wallets by
selling and thereby distancing themselves from Duke Energy, a
utility incompetent enough to put at risk billions of dollars of
stockholder wealth through complacency brought on by political
influence.
Cronyism is as addictive and
unhealthy to a corporation's long term well being as alcohol is to
certain individuals. Corporate self delusion takes hold when
insiders deny their malfeasance by repeating the mantra that they
serve the public. Soon the unthinking mantra blinds the company to
it's operational risks. Illusory profits are declared and bonuses
paid to management because of efficiencies garnered from reduced
maintenance expenditures. Good investors see the sclerosis hardening
and sell the stock. As stock values goes down so does the price
earnings ratio in comparison to others in the industry. With a low
PE raising money from the bond market is dearer and dividend payments
to stockholders go at higher rates to maintain the stock price at a
level the bond market requires. To my knowledge Duke Energy was not
considered crony addicted beforehand and therefore many investors
were surprised by this wealth destroying accident and it's apparent
crony addled stupidity. Suddenly Duke Energy's reputation among it's
peers as a good steward of stockholder assets is lost. This loss
will be just as onerous a burden as the losses from private liability
suits which are sure to come.
The biggest destroyer of
stockholder wealth, Tokyo Electric Power better known as Tepco, put
nuclear power plants lined up on the shore against the delusions that
the1930's tsunami that devastated Fukushima would not repeat, that
four plants next to each other were as safe as one and that the
emergency generator's required for the almost certain disaster could
be placed below water level. This absurd decision sequence could only
have come from a captive regulatory apparatus that was countered,
bargained and bullied on every detail by a company promising the
regulators revolving door jobs. And the greatest delusion among all
of those involved was that this was done for the betterment of
stockholder value and Japan's economy. Unfortunately for Japan,
TEPCO's wipeout leaves nothing to compensate the victims and the
country for the company's malfeasance and it's regulators
complacency.
The second biggest destroyer
of stockholder wealth due to cozy relations with an inept government
regulator and slackening operational standards is BP Oil.
Fortunately for this country and the people living on the Gulf Coast
the company had assets to cover the losses from the oil rig explosion
and months long oil spill. If Congress has a lesson to learn here it
is to rescind the crony deal whereby there is a 75 million dollar
liability limit on LLC offshore oil rig operators. Otherwise the
people of the Gulf Coast may be left with a future situation similar
to the sloppy Charleston, West Virginia chemical tank operators who
after letting thousands of gallons of toxic chemicals leak into the
Elk river cut and ran from their liabilities leaving the mess to the
tax payers.
While many would believe
that another law with bigger fines and more regulators is required to
resolve the problem of industrial accidents, the greatest deterrent
is skin in the game. Thankfully BP had the assets to fix the problem
and compensate the victims, actually more than compensate according
to their recent ad's bemoaning payment's to Louisiana strip clubs and
the like. Duke Energy has assets to fix and compensate as well. If
the West Virginia Chemical Tank company had liability coverage
sufficient to cover the hundreds of thousands of people affected by
their sloppy operations then possibly insurance carriers would have
made it their business to make sure the company ran a tight ship.
Reliance on government agencies subject to politics and ignored by
those being regulated is no compensation to the victims and
taxpayers. Assets and Insurance are.
No comments:
Post a Comment