- 28 - application, and the entities that did protest were not concerned about the harm to the basin, but rather were afraid the approval would lead to many future transfers. We do not find respondent’s argument persuasive because as of the valuation date, petitioner had not yet filed its application for approval of the Corpus Christi transaction. The record shows that at that time, the LCRA and others intended to oppose the transfer to Corpus Christi, and petitioner could not predict whether its application would be approved. Mr. Scheig assumed regulatory approval would be obtained 2 years after the valuation date and that petitioner would receive the monthly payments over this 2-year period, with the balance at closing. He discounted that amount using an 8-percent cost of capital discount and a 15-percent lack of marketability discount, to reflect the restrictions in the regulatory approval process involved in transfers of petitioner’s water. Mr. Lloyd assumed regulatory approval would be obtained 3 years after the valuation date. He discounted the total monthly payments made to that date by a 12-percent cost of capital. He then discounted the balance due at closing ($13,810,000) by 30 percent, to reflect the rate of return a private equity buyer would require given the risks involved. We recognize the regulatory risks and time delays that threatened the Corpus Christi transaction. Mr. Scheig testifiedPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011