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Common strands in today's controversies
By C. R. L. Narasimhan
Are there any similarities between the Dabhol Power Company's
controversial project and Air India? The owners of both have
expressed their intention to quit. Even though the circumstances
leading to that decision are very different. Air India's future
ownership is in the news because of a conscious policy of
divesting public ownership in commercial undertakings.
The DPC's project has been beset with controversy right from the
beginning. Enron, the majority equity-owner of the DPC, has
recently been saying that it wants to sell its equity at cost and
get out from the project altogether, paving the way for a ``final
resolution" of the controversy.
For Air India the Government, at present owning all 100 per cent
of the airline's equity, wants to sell at least 40 per cent to a
strategic buyer who will thereafter assume management control of
the airline as well. Hopefully the strategic partner will turn
around the ailing airline.
The Government will not be selling out entirely whereas Enron
wishes to do just that. But irrespective of whether the original
owners get out completely or keep an equity stake, they are
likely to retain influence over the two entities. For Air India
that is fairly obvious. In fact, continued interference from the
airline's controlling ministry - Ministry of Civil Aaviation - is
very likely no matter who takes a strategic stake and manages Air
India. It will be naive to wish otherwise. If at all Enron sells
its stake, the DPC controversy would earn a respite. The buyer of
its stake must have not only the money to pay for the stake but
also the technical knowhow to run it successfully. Who knows
whether Enron, which has a large expertise in trading in LPG and
other fuels, might remain in technical alliance even while
ceasing to be a promoter?
There is a striking similarity in the ways the two (possible)
sell-offs are unfurling. Enron has offered to pull out of DPC
after apparently exhausting all other options. The highly
publicised wrangle involving the DPC on the one hand and the
Maharashtra State Electricity Board (MSEB) and the Maharashtra
Government on the other might be about the sanctity of power
purchase agreements (PPA) and other legal contracts. Certainly
the State and the Central governments have been at the receiving
end of bad publicity. Especially for the future of foreign direct
investment (FDI) the continuing fiasco sends out entirely wrong
messages.
On the other side both DPC and Enron have not escaped allegations
of padding up the project cost and adding unwanted extra
facilities that have made the power from the project costly.
Moreover, as the Godbole Committee has pointed the original legal
and other agreements have been terribly one-sided. The
implication of all the above is that the decision by Enron to
sell out is neither altruistic nor commercial. It is more akin to
cutting a loss and going away (although one will never know the
correct factual position).
Part of the reform agenda
The Central Government's moves to sell its stake in Air India
might be part of the economic reform agenda dealing with public
sector disinvestment. Yet even by the standards of the India's
PSE sale programme Air India's has been controversial. The
Government cannot be seen to be lenient or bend rules. For
instance, since strategic considerations matter in deciding who
will own the country's flag carrier the Hinduja's have been kept
out from the final bidding. Others dropped out earlier on leaving
the field to just one bidder. That will further complicate the
Government's decision making.
Whatever happens next, Air India's sale cannot and evidently
should not be made to resemble a distress sale. Yet there are
compelling, non-ideological reasons in welcoming a private sector
strategic partner. Air India has a minuscule fleet which is also
obsolete, has an appalling productivity record. Recently the
Civil Aviation Ministry has been cashing the airline's bilaterals
and increasing competition. The new strategic partner will
therefore have less leeway in exercising commercial judgment in
these. All these make Air India look less attractive to the
bidder. But like the difficulty in valuing Enron's stake in DPC
it is extremely unwise to put a number on Air India at this
stage.
Then there is the issue of commercial viability. How do both
fare? As for the airline industry analysts say the outlook is
bleak. Overcapacity is leading to a wave of consolidation. Air
India now relegated to a small regional carrier, just does not
have the muscle to be counted in the international league.
Apparently, international airlines fell that instead of putting
money in Air India they can try other promising pastures. That
seems to be weighing with Singapore Airlines, the one remaining
serious co-bidder with the Tatas. Dabhol's problems are not due
to the global scenario but entirely local. Simply put it has not
been able to produce power at an affordable price. Barring some
substantial financial reengineering DPC might never be viable.
But at this stage prospective buyers of Enron's stake might not
all be swayed by commercial considerations of the above nature
alone. For Air India success would lie in ``unlocking'' its value
- a common enough recipe for all public sector undertakings now
eclipsed for a variety of reasons. The DPC 's project is a
valuable asset but it has to be made viable. In that sense anyone
stepping into Enron's shoes will have to adopt an attitude of
give and take.
The other major point of similarity is of course that the House
of Tatas is emerging as a favourite in both. In Air India's case
the process of acquiring control has been forthright. Having
survived the meandering ten odd stages of a PSE sale the Tata's
have run into two unexpected problems: the withdrawal of all
other bidders leaving the field entirely to them. This could be
an embarrassment and will complicate matters. Second, the
reluctance of their partner SIA to go through at this late stage.
Clearly the Government will have to bend its rules. Tata's have
expressed their interest in Enron's stake. Provided the legal and
commercial hassles over DPC are cleared. Again a strong
intervention of the Government is on the cards. For Tatas
ultimately it will be a question of either or of choosing between
the airline or the power project. Too much to hope that there
will be another similarity- of Tatas buying up both.
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