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Busted: DOE Altered Loan Program Bulletins

It appears as though the Obama administration has been caught red-handed trying to cover up evidence in relation to the “green” loans programs that helped finance Solyndra. CNBC reports that a number of press releases posted by the Department of Energy have been retroactively altered to remove the name a solar company thought by many to be the next “green” failure:

The changes occurred in two press releases from the Department of Energy’s loan guarantee program — the same program that has been the center of controversy surrounding the failed solar company Solyndra.

Both were changed to remove the name of a company that has received negative press attention in recent days, SunPower, and replace it with the name of another company, NRG Energy.

In the April case, the Department of Energy loan programs office announced in a press release on April 12 “conditional commitment” to a $1.187 billion loan guarantee to support the California Valley Solar Ranch project, which it said was “sponsored by SunPower Corporation.”

But that release was later changed on one website to say the project was “sponsored by NRG Energy.” The date on the release remained “April 12, 2011.”

The name substitution is not completely random. NRG recently finalized its acquisition of the California Valley Solar Ranch project from SunPower in September. However, at the time of the press release in April, SunPower still controlled the project.

Naturally, the DOE blames ‘outside contractors,’ who “inadvertently” altered the news bulletins while updating the loans program website.

Either way, what possible motivation could DOE have to making the changes? Well, here’s a possibility:

SunPower now carries $820 million in debt, an amount $20 million greater than its market capitalization. If SunPower was a bank, the feds would shut it down. Instead, it received a lifeline twice the size of the money sent down the Solyndra drain.

Indeed, SunPower received a $1.2 billion loan guarantee just days before the DOE’s Sept. 30 deadline to approve such agreements. The company, like Solyndra, is also extremely well-connected politically.

Rep. George Miller (D., Calif.), co-chairman of the Democratic Steering and Policy Committee and close confidant of House Minority Leader Nancy Pelosi (who has Solyndra connections of her own), was a strong advocate for SunPower, which according to PAC filings contributed $15,650 to House and Senate Candidates in 2010. Of that, $14,650 went to Democrats, including $4,000 to Senate Majority Leader Harry Reid (D., Nev.), $2,900 to Sen. Barbara Boxer (D., Calif.) and $500 to Miller himself. Oh, and the company also hired Miller’s son as a lobbyist.

SunPower is currently on track to become the second embarrassing failure in the DOE’s loan portfolio. It is deeply in debt, and company executives recently announced plans to lower its earnings projections for 2011 even further.

More:

In his Sept. 26 column for SeekingAlpha.com, Stoyan Elitzen lists SunPower as the ninth-most-shorted solar stock in either the New York Stock Exchange or NASDAQ markets.  Short sellers are betting that a stock price will go down, as opposed to those who buy long, who expect a stock price to up. 

According the Elitzen, the size of SunPower’s short position is equal to 15 days of its average daily volume of 725,000 shares per day.  By any measure, such pessimism is a banshee screaming in the night for a company’s stock price that has already lost 94% of value from its 2007 apex. 

Although its stock has recovered from its all-time low Oct. 4 of $6.60 per share to trade between $8 and $9 per share, it has been a steep slide from its all-time high Dec. 3, 2007 of $133.  Then, the company was worth $13 billion. 

Today, its market capitalization is $800 million, just short of its debt of $820 million, according to the company’s July filings for the second quarter.

It certainly doesn’t look good.

Video here.

New on The Corner. . .


COMMENTS   16

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   10/19/11 18:25

Any member of the MSM who is not covering and investigating this scandal to the greatest extent possible is a fraud and a disgrace.

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   10/19/11 20:24

The term you're looking for is "complicit". Or maybe "accessory".

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   10/19/11 21:10

That would include every member of the MSM, save for Sharyl Atkisson of CBS.

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onlineanalyst
   10/19/11 18:39

The MSM does not consider these green energy scandals "sexy" enough to cover, much less headline and hammer.

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   10/19/11 18:50

In other news, the chocolate ration has been increased to 25 grams

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   10/19/11 18:59

Comparing market capitalization to outstanding debt is not quite fair. Market capitalization represents the equity portion of the enterprise's value--just because it is lower than debt portion doesn't necessarily mean that the company is in trouble or insolvent.

For example, a company might have 3 billion dollars of perfectly good, working assets and 2 billion dollars worth of outstanding liabilities, such as bonds and other debt. That company would have a market capitalization of 1 billion dollars, only half its liabilities, but as long as the assets remain good, it will be a perfectly fine business.

Now, of course, as equity holders are the first to take losses when assets go bad, the bigger the market capitalization is, the less the bond holders have to worry about. But just because liabilities exceed market capitalization, it does not follow that the company is close to bankruptcy.

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   10/19/11 19:41

just because liabilities exceed market capitalization, it does not follow that the company is close to bankruptcy.

Would you invest in SunPower?

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   10/19/11 19:52

Only if Obama and his clones keep getting elected to political office and keep the subsidies/renewable mandates coming. Enough government largess can make any business profitable. :)

I was only making a basic corporate finance point, not defending these companies. In fact, given the crazy way that the corporate income tax works--making interest payments deductible, but dividend disbursements taxable--any company should try to fund any asset's minimum value by debt, rather than equity; anything else would just be throwing money away into the maw of the IRS. In the case of companies with lots of indisputably valuable collateral, this means that to be tax efficient you should try to have many times more debt than equity.

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   10/19/11 21:58

Your definition of market capitalization is wrong. Market cap is nothing more than what the market on the aggregate thinks your company is worth.

Assets - liabilities affects the perception of the company in the eyes of the market, but it is not market cap.

In fact, most companies have much higher market capitalization than they have in assets - liabilities. It is quite common for companies to have more liabilities than assets. As long as the company has positive cash flow it will be all right.

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   10/20/11 09:32

Forgive my imprecision. I am not an accountant and was not addressing myself to accountants, so I was using the term 'assets' in the broader to mean the entire value of the company, which is often beyond tangible assets and includes elements like goodwill. A more precise, if slightly more obscure, term I should have used would have been 'enterprise value'. With that clarification, I believe that my original point stands.

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   10/19/11 19:01

Altering data is par for the course for anything published in the " green" world.

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Walter Mitty
   10/20/11 09:04

So what do you call a book that starts out as a novel and then turns into a documentary?

External Link 

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   10/20/11 10:08

The DOE is run by a bunch of amateurs. All they did is make on little bitty change to a minor press release from months ago. As a coverup, it isn't exactly a bold move; it's slight of hand. It's sneaky, but not daring.

They can learn a lot from DOJ. Those cats redact documents by the truckload, swear under oath they never even heard about the programs they ordered and operated, and sit on their hands while saying that somebody is going to get in trouble for this.

What's the point in being a department of a criminal administration if you don't know how to run a brazen, world class, in-your-face cover-up?

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Daniel Goodman
   10/20/11 12:00

An independent counsel or special prosecutor seems to be in order here, if for no other reason than that it appears a cover-up has been attempted.

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KPP
   10/20/11 19:38

Think that is bad?

The US currently gets ~20% of its electricity from Nuclear power plants.

The administration has decided to fund $2 billion to a French Company, owned ~80% by the French gov't, for uranium enrichment for power plants. They denied a loan guarantee to a US company.

Once the Peducah Kentucky facility stops production, our entire nuclear power industry will be 100% reliant upon foreign nations: France, Germany-Holland-UK, and Russia.

Currently, we import ~80% of medical isotopes, and that probably will go to 100% as well.

Dependance on Foreign Oil? That will be nothing!

He has 'outsourced' 1/5 of our electrical system.

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TomBUSArmy
   10/21/11 11:20

"In his Sept. 26 column for SeekingAlpha.com, Stoyan Elitzen lists SunPower as the ninth-most-shorted solar stock in either the New York Stock Exchange or NASDAQ markets."

Still waiting to buy shares in the first mutual fund that exclusively shorts companies given loans by this administration.

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