- 31 - Each partner was represented at a December 6, 1985, meeting between the partnership management committee and DOE representatives. At this meeting, the partners discussed restructuring the $1.57 billion outstanding debt into a contingent-interest debt, similar to what had been envisioned in the price support agreement that the partnership had reached with SFC in July 1985.16 In a December 19, 1985, telephone call with Transco Energy representatives, DOE General Counsel Mike Farrell indicated that the “discussion draft” Transco Energy had submitted on August 30, 1985, was a “non-offer”. In particular, DOE was unwilling to allow the partners to retain title to the plant, retain all tax benefits from the project, and yet have the right to terminate participation. Advised that title to the plant and the resulting tax benefits were the partners’ only source of cash in the event of a revenue shortfall, Mr. Farrell indicated that there was probably some “wiggle room” on the tax benefits issue. On January 29, 1986, ANRC submitted to DOE an outline of a restructuring proposal.17 The proposal would have allowed the 16 Presumably, interest continued to accrue on the debt. The parties, however, have ignored interest accruals in referring to the $1.57 billion debt. For simplicity, we do the same. 17 Under the proposal, the partnership would retain ownership of the plant and continue to be responsible for its operation, DOE would withdraw its foreclosure action, and the partnership’s debt would be restructured into a contingent- interest obligation.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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