Monday, May 23, 2022

How a French bank set the gold standard for climate action

Tim McDonnell - 

Quartz


The headquarters of La Banque Postale resemble a towering greenhouse in a quiet residential neighborhood of Paris, about a mile west of the Eiffel Tower. These days, the building’s glass facade is wrapped in a billboard, featuring three chic young women and the message: “When you’re 16 years old, the environment isn’t optional.”


© Provided by QuartzThe headquarters of La Banque Postale in Paris resembles a greenhouse, with a billboard advertising the bank's climate policy.

LBP is one of the youngest banks in France, created 16 years ago as a subsidiary of the government-owned postal service. With $900 billion in assets, it’s also smaller than multinational competitors like BNP Paribas and Crédit Agricole. And in October 2021, it became the world’s first bank to set a hard deadline—2030—by which it will end all financing for oil and gas. While most major banks in the US and Europe have adopted a long-term goal to decarbonize their lending portfolios, few have been willing to get specific on when and under what conditions they will stop serving fossil fuel clients (if at all).

La Banque Postale’s policy, according to a major report by environmental groups in March, “sets a new bar that every major bank must meet in this crucial decade for the climate.” In an interview over coffee and croissants, chairman Philippe Heim said the bank’s ambitions are driven by a conviction that credible climate action can be a source of profit, as well as a powerful tool for marketing.

“The point for us was to say, ‘How can we distinguish ourselves in a very competitive landscape? How can we be seen as consistent and truly committed?'” Heim said. “We want to be synchronized with our clients, especially with young people. We want to demonstrate it’s possible that we can change the way we do banking, and we want to be a laboratory in positive impact finance, which for us is an element of economic performance.”

Green banking opportunities outweigh the loss of fossil fuels

While some small banks in the US have already cleared their books of fossil fuels, most of those had hardly any investment in the sector to begin with. LBP, however, has been among the top 60 global lenders to fossil fuels since 2016, providing $423 million in that time. (The world’s top fossil lenders, like JP Morgan, have lent hundreds of billions.) After the oil and gas exit deadline was adopted, LBP immediately halted new lending to companies with plans to expand oil and gas production, in line with what the International Energy Agency says is necessary to achieve the Paris Agreement climate targets. That means no new loans for Total, the French oil major, which is pursuing controversial new oil projects in East Africa and elsewhere.

By 2030, any oil and gas companies doing business with LBP in 2030 need to be well on their way to a new business model. At that point, the bank will sever ties with any oil or gas company that lacks an approved plan for ending its fossil fuel operations by 2040. The bank estimates that about $28 million of its existing oil and gas business (including loans, investments, financial services, and other offerings) fits that description, and will thus need to be phased out. (The remainder is mostly linked to two electric utilities that have decarbonization plans approved by the Science-Based Targets Initiative, and a pipeline services company.)

“Clearly, this is a loss of opportunity,” Heim said. “But there are so many opportunities to finance clean energy projects that the consequence would be completely digestible for us.”

LBP’s next climate test

One arm of LBP that is not covered by its oil and gas exit target is the asset management division, which still manages shares in fossil fuel companies like Total. (The division will produce its own climate strategy later this year, Heim said.) The bank will reveal more about what it considers a legitimate transition plan for oil and gas companies on May 25, when Total holds its annual shareholder meeting. That meeting will include a “say on climate” vote, in which investors give a non-binding thumbs-up or thumbs-down to the company’s climate plan. Last year, LBP voted against Total’s plan, but the oil major has since agreed to publish a more detailed strategy.

While that may be a step in the right direction, the company’s continued push for new pipelines leaves much to be desired, said Guillaume Pottier, a corporate engagement strategist at the French research nonprofit Reclaim Finance. “If [LBP] doesn’t vote against Total’s plan, they’re not taking climate seriously—that’s the litmus test.” (LBP “will vote [at Total] according to its policy,” a company spokesperson said, which requires “alignment on a pathway that is compatible with the Paris Agreement.”)
Bankers need to take the long view

For a bank’s climate policy to make scientific sense, Heim said, it needs to look beyond the typical loan-book horizon of a few years. But that view is still rare among bankers; on May 22, HSBC suspended one executive after he said in an interview with the Financial Times that “climate change is not a financial risk that we need to worry about” because it’s too far in the future.

The important timeline, Heim said, is the lifespan of fossil fuel projects, which is measured in decades. “If you want to meet the climate objectives of 2050, you have to act now,” he said. “If we wait until 2030 to change anything, it will be too late to have an impact in 2050.”
CRIMINAL CAPITALI$M
Brazil regulator probes whether activist's funds engaged in insider trading -documents


Mon, May 23, 2022
By Tatiana Bautzer

SAO PAULO, May 23 (Reuters) - Brazilian regulators are probing potential insider trading violations by activist investor Nelson Tanure related to his acquisition of medical labs company Alliar, according to documents seen by Reuters.

Tanure, who in the past has waged takeover battles in the oil and telecom industries, last November proposed buying a controlling interest in Centro de Imagem Diagnosticos SA , as Alliar is formally known. The deal was finally announced on April 14.

Brazil securities regulator CVM is now probing how funds controlled by Tanure were trading Alliar shares with knowledge of non-public information derived from the funds' talks to buy the company, which would constitute insider trading, the documents show.


Tanure representatives said earlier this month that the fund that now controls Alliar, Fundo de Saude, and the investor's lawyers have not been notified of any insider trading probe.

Trades during the talks, which lasted from November until mid-April, are being probed by the CVM. Its records are under seal, but the probe was active as of mid-May, according to one of the documents.

Tanure has been successful in recent years buying companies such as oil producer PetroRio SA and homebuilder Gafisa SA but he has also been fined by the CVM in the past over abuse of controlling power.

Alliar's shares surged by 22.5% on Nov. 18 after a Brazilian newspaper reported that Tanure would buy the company at 20.50 reais per share.

Between Nov. 18 and Nov. 30, four investment vehicles controlled by Tanure, which already held a 29% stake in the company, sold 1.5 million common shares in Alliar for 25.465 million reais, according to the documents, reaping an average price 39% above its Nov. 17 closing price, or 7 million reais more than what the shares would have fetched before the news.

On Dec. 22, the company announced that shareholders could opt to sell their shares to Tanure's vehicles only within two years. As the deal could take longer to close, markets were doubtful about the need for a tender offer to minority shareholders, and shares fell.

In the CVM's analysis of the trading of Alliar shares, the regulator alleged that the funds knew about the plan to allow investors to sell their shares within two years through a derivatives contract, since they were a party in the talks, and knew that when the disclosure of the contract's existence became public, shares would fall.

In the document, CVM manager Marco Antonio Papera Monteiro said the funds' conduct suggested evidence of "potential crimes."

Asked to comment on the allegations in the document, Tanure representatives repeated that they were not aware of any probe. The CVM declined to comment.

On April 14, the company announced most shareholders had opted to sell immediately and that Tanure's vehicles had built a 63.3% stake. It also said Tanure would launch an offer for all outstanding shares.

In a statement earlier this month, Tanure representatives said the deal closure was successful and that the transaction was "transparent."

Alliar is the latest holding of Tanure, who since the 1990s has acquired stakes in newspapers, shipyards, Brazilian telecom company Oi SA, an oil company and a homebuilder.

In an earlier run-in with the CVM, the regulator fined him 130 million reais ($26.7 million) in 2019 for "abuse of controlling power" at shipyard Verolme. CVM said part of Verolme's cash was diverted to other companies controlled by Tanure.

In the case of Verolme, the fine was ultimately reduced by 85% to 16.2 million reais after an appeal to Conselho de Recursos do Sistema Financeiro Nacional. Unlike other market violators, Tanure was not restricted by regulators from working in listed companies. He is currently a board member at Alliar. ($1 = 4.8639 reais) (Reporting by Tatiana Bautzer in Sao Paulo Editing by Christian Plumb and Matthew Lewis)
FOCUS-For EV maker Rivian, delivery headache hits as market shuts down coffers

Mon, May 23, 2022
By Tina Bellon

May 23 (Reuters) - When Jeff Wells placed a reservation for a Rivian R1T pickup in early 2019, he was one of the first in line for a truck from the Amazon.com Inc-backed electric vehicle startup that at the time promised to tap in to a niche not served by other automakers.

But Wells, an accountant from Southern California, has become increasingly frustrated as he sees others, who placed their order years after him, receive trucks while he keeps waiting.

"It's just annoying and it feels like there's no order to how they're doing things," he said of Rivian.

Wells is one of dozens of reservation holders who in recent weeks have complained about unreliable delivery timelines and delays in online groups and forums.

The complaints mounted after Rivian Automotive Inc in late April said it was changing the production sequence of vehicles, prioritizing those with specific interior and exterior color and wheel options.

"Building in few build combinations reduces complexity with our suppliers and in the plant and allows us to build a greater number of vehicles," Rivian told customers in an email.

That meant many early reservation-holders sticking with their original color preferences had their orders delayed.

Rivian in a statement to Reuters said delivery dates are not just based on the timing of a preorder, and that it was exploring new ways for customers to expedite deliveries.

Rivian's delivery headaches have not drawn the same attention as the California company's slashed production plans or its messy communication of vehicle price increases, which it first announced across the board, but later scrapped for existing reservation holders following backlash.

But delivery woes could prove just as damaging.

While all automakers are struggling with global supply-chain snarls, including a semiconductor shortage and rising raw- materials costs, startups like Rivian have less room to get things right. Large investors, including Ford Motor Co and Tiger Global Management, have offloaded Rivian stock after the post-IPO lockup period expired.

Graphic on Rivian's stock performance: https://tmsnrt.rs/3yIJVqA

Rivian's supporters have largely remained loyal despite the company's chaotic pricing changes. Preorders have increased to 90,000 vehicles even after the price hikes, which now apply only to new reservations.

But delivery delays could prove costly as other automakers launch their own electric pickup trucks, including Ford Motor Co's F-150 Lightning.

Rivian on May 11 said it was working on overhauling its order system to separate reservations from the configuration process, in an apparent attempt to tackle customer criticism over supply shortages in its order system.

Rivian in the statement said the change allowed for pricing and timing transparency.

'THE WORLD HAS CHANGED'

Rivian's struggles to overhaul its ordering system also reflect wider industry challenges. Inflation and supply-chain snarls have shredded financial forecasts and increased pressure on EV upstarts to reduce costs at a time when investors are closing their check books.

"The markets have closed to every company, good and bad. You have to hunker down and set your priorities, and do whatever it takes to get to the other side," said Daniel Ninivaggi, chief executive at EV startup Lordstown Motors Corp, which this month sold its plant to Taiwanese contract manufacturer Foxconn as cash reserves plummeted.

Rivian said it consistently monitored the capital markets and had been planning for an increasingly difficult environment by "optimizing its product roadmap and operating expenses."

At $16 billion, Rivian boasts significantly more cash than Lordstown and other small EV startups, such as Canoo Inc , which this month issued a going-concern warning.

But Rivian burned around $1.2 million per vehicle it delivered in the first quarter and is estimated to spend a total of $7 billion in cash this year, according to Morgan Stanley analyst Adam Jonas.

"I definitely wouldn't put Rivian into the same basket as these other companies, but I think they have a high burden, and they need to show they can deliver," said Vitaly Golomb, a partner at investment bank Drake Star, who leads its EV and mobility practice and is also a Rivian investor and reservation holder.

While Rivian has told investors it had enough cash on hand to open its second U.S. plant for $5 billion in 2025, patience may be wearing thin.

"Since your IPO, the world has changed dramatically, investors just don't want to fund negative EBITDA growth companies in this environment," Jonas said on the company's most recent earnings call with investors, cutting off Rivian Chief Financial Officer Claire McDonough.

Chief Executive RJ Scaringe and McDonough said the company would bring costs under control by simplifying its vehicle lineup and minimizing expenses.

PRICING JOURNEY


Scaringe also said Rivian, like some automakers, believed the worst of the semiconductor shortage was behind it. However, other automakers have said the shortage could last into 2023.

Rivian has not said when it expects to manufacture vehicles at a profit margin. The price increases, which boost the sticker of its basic-level pickup from $67,500 to $79,500, are supposed to improve the economics and offset higher raw-materials costs. They apply to orders placed after March 1.

But industry competitors say making a profit even at that price will be challenging.

Peter Rawlinson, CEO of luxury EV maker Lucid Group Inc and a former engineering executive at Tesla Inc , estimated Rivian spends around $22,000 on its entry-level battery pack, and around $20,000 on drive trains supplied by Robert Bosch GmbH - requiring a vehicle sticker price of $95,000 to return a profit.

"The only way they could ever make that business model work is if they lose money on every truck they sell," he told Reuters in March.

Rivian said it was confident about its "pricing journey." It also said it is working on a lower-cost in-house motor and new battery designs.

For Rivian reservation holder Wells, profit margins matter less. He just wants to get his hands on a truck as soon as possible. While he said he prefers Rivian's R1T, Wells last year also placed a reservation for the F-150 Lightning made by Ford.

"At this point, if Ford comes through first, I think I'll go with them," Wells said.

(Reporting by Tina Bellon in Austin, Texas Additional reporting by Joseph White in Detroit Editing by Ben Klayman and Matthew Lewis)
India's top crypto app CoinSwitch calls for regulatory 'peace, certainty'

Sun, May 22, 2022
By Aditya Kalra

DAVOS, Switzerland, May 22 (Reuters) - India must establish rules on cryptocurrencies to resolve regulatory uncertainty, protect investors and boost its crypto sector, CoinSwitch CEO Ashish Singhal said on Sunday.

Although India's central bank has backed a ban on cryptocurrencies over risks to financial stability, a federal government move to tax income from them has been interpreted by the industry as a sign of acceptance by New Delhi.

"Users don't know what will happen with their holdings - is government going to ban, not ban, how is it going to be regulated?," Singhal, a former Amazon engineer who co-founded CoinSwitch, told Reuters at the World Economic Forum in Davos.

CoinSwitch, which is valued at $1.9 billion, says it is the largest crypto company in India with more than 18 million users. The firm, based in India's main tech hub of Bengaluru, is backed by Andreessen Horowitz, Tiger Global and Coinbase Ventures.

"Regulations will bring peace ... more certainty," he added.

Blockchain and cryptocurrency companies have a large presence at this year's Davos meeting, which coincides with a period of crypto prices plummeting around the world.

India's central bank has voiced "serious concerns" around private cryptocurrencies, but Prime Minister Narendra Modi in December said such emerging technologies should be used to empower democracy, not undermine it.

Exchanges often struggle in India to partner with banks to allow transfer of funds and in April, CoinSwitch and some others disabled rupee deposits through a widely-used state-backed network, alarming investors.

'CLARITY'


While moves on taxation and certain advertising regulation had brought some relief, a lot more needed to be done, Singhal said, adding that India should develop a set of laws.

These should include norms for identity verification and transferring crypto assets, while for exchanges, India should put in place a mechanism for them to track transactions and report them to any authority if need be.

While no official data is available on the size of India's crypto market, CoinSwitch estimates the number of investors at up to 20 million, with total holdings of about $6 billion.

Regulatory uncertainty has been widely felt. In April, Coinbase, the largest cryptocurrency exchange in the United States, launched in India, but within days paused use of a state-backed inter-bank fund transfer service.

Coinbase CEO Brian Armstrong later said in May the move was triggered due to "informal pressure" from India's central bank.

CoinSwitch too has paused so-called UPI transfers to hold talks with banking partners and make them comfortable, Singhal said in the interview. He added CoinSwitch was is in talks with regulators to try and restart the transfer service.

"We are pushing for regulations. With the right regulation, we can get the clarity," he said. (Reporting by Aditya Kalra in Davos; Editing by Alexander Smith)

Siemens Energy Picks a Good Moment to Take Wind Turbines Private

May 23, 2022

Lengthy-suffering shareholders in Siemens Gamesa Renewable Power

will probably be spared the choice of whether or not to stop or wait patiently for the renewable-energy revolution.

Shares in Siemens Gamesa Renewable Power rose 6.2% Monday after its majority shareholder,

on Saturday confirmed longstanding expectations that it wished to take the wind-turbine enterprise personal. It stated it could pay €18.05 a share, equal to $19.25, for the excellent 32.9% of its subsidiary. Price and income synergies are anticipated ultimately, however the main purpose it gave for the buyout was to speed up the persevering with turnaround.

Siemens Gamesa’s excessive mixture of near-term challenges and brilliant long-term prospects makes it trickier than normal for buyers to gauge whether or not the value is true. The valuation is a 27.7% premium to the corporate’s undisturbed share worth on Might 17, when Bloomberg reported deal talks, and exceeds the six-month quantity weighted common worth.

Nevertheless it has been a really powerful six months. The deal values Siemens Gamesa at about 1.2 occasions ahead gross sales, barely lower than the 1.4 occasions stock-market a number of of sector peer Vestas.

Siemens Gamesa shares peaked in January 2021 round €39 earlier than being hit by a collection of revenue warnings and broader investor skepticism towards green-energy investments. Wind-turbine makers, like many manufacturing industries, have felt margin stress from rising uncooked materials prices and bottlenecks in provide chains and logistics. Siemens Gamesa has had particular troubles, too: Its onshore division has underperformed and is scuffling with expensive delays within the launch of its new 5.X turbine.

Trying additional forward, there are causes for optimism. Siemens Power just lately changed key Gamesa executives with its personal individuals, who deliver turnaround expertise. Siemens Gamesa additionally has a large turbine service enterprise that continues to ship sturdy outcomes.

Most promising of all, it was lengthy the market chief in offshore wind generators, though onshore chief Vestas edged it out final yr. Offshore is a large potential market because it opens up entry to sturdy wind sources in lots of nations centered on decarbonizing energy manufacturing.

Siemens Power might afford to pay extra. Full acceptance of the present provide would price it €4 billion, funded with as much as €2.6 billion in new debt and fairness in addition to €1.4 billion from its money balances. It will possibly preserve its investment-grade credit standing with a ratio of web debt to earnings earlier than curiosity, taxes, depreciation and amortization of as much as 1.5 occasions, says its chief monetary officer.

The corporate had €1.7 billion in web money final quarter and analysts predict Ebitda of €1.5 billion this yr, in line with FactSet, so there may be room for a wholesome improve within the provide.

Nevertheless, simply because Siemens Power can increase its provide doesn’t imply it can. There may be an inevitable battle of curiosity between its roles as majority shareholder and bidder. Siemens Gamesa shares closed at €17.79 Monday, barely beneath the bid worth, so arbitragers don’t look like banking on a bump.

Some minority shareholders in Siemens Gamesa might consider its future prospects justify the next provide, however in a minority buyout which may not imply an excessive amount of.

Write to Rochelle Toplensky at rochelle.toplensky@wsj.com

Siemens Gamesa turnaround will take years, main owner says after $4.3 billion bid

Isla Binnie and Christoph Steitz
Sun, May 22, 2022,

 A model of a wind turbine with the Siemens Gamesa logo is displayed outside the annual general shareholders meeting in Zamudio

By Isla Binnie and Christoph Steitz

MADRID/FRANKFURT (Reuters) -Siemens Energy warned on Monday that a turnaround at Siemens Gamesa will take several years, adding that a 4.05 billion-euro ($4.3 billion) bid to buy out minorities of the struggling wind turbine unit was the only way to fix the issues.

"It's nothing which will go fast," Siemens Energy Chief Executive Christian Bruch told journalists on Monday, less than two days after unveiling the offer. He added this meant "multiple years of really turning" Siemens Gamesa around.

Siemens Energy has faced pressure from shareholders to raise its stake in Siemens Gamesa from the 67% it inherited after a spinoff from Siemens AG.

Shares of Spanish-listed Siemens Gamesa rose 6.2% to about 17.79 euros at 1518 GMT, just below the 18.05 euro-per-share offer price. Siemens Energy fell 0.8%.

Siemens Gamesa, whose shares had fallen 20% since the start of the year until the offer was made, had issued three profit warnings in less than a year, dogged by product delays and operational problems.

Most European turbine makers have also racked up losses in a fiercely competitive market as metals and logistics prices surged due to COVID-19, import duties and Russia's invasion of Ukraine.

"There are not yet clear signs of a near-term recovery in the current setup," Bruch said, adding that Siemens Gamesa's financial performance was "really creating the need for action."

FULL CONTROL

Bruch said owning all of Siemens Gamesa would remove an arms-length relationship and give Siemens Energy more control over the asset as well as lead to cost savings and procurement efficiencies.

Asked about the onshore turbine business which has caused particular headaches, Bruch said there were no plans to sell it.

While Siemens Energy will be able to delist Siemens Gamesa once it owns 75%, Bruch said a full integration of the division, which was created from the merger of Siemens AG's wind business and Spain's Gamesa, was the clear goal.

The relatively low additional stake Siemens Energy needs for a delisting, however, is expected to provide at least a certain hurdle against potential attacks from hedge funds that could decide to buy in to Siemens Gamesa to push for a higher price, industry sources said.

Under a tentative timeline, the bid, which Credit Suisse analysts said was "disappointing," would launch in mid-September before an extraordinary general meeting rubber-stamps it in November, Siemens Energy said.

The funding of the deal is fully underwritten by Bank of America and JP Morgan. Perella Weinberg Partners is advising Siemens Energy on the transaction.

When asked why the offer was below the 20 euros Siemens paid for Iberdrola's stake in Siemens Gamesa in 2020, Bruch said that since then the situation at the division had deteriorated and that the offer was attractive.

($1 = 0.9431 euros)

BREAKINGVIEWS-Siemens Gamesa’s minorities can hold out for more

(Reporting by Isla Binnie in Madrid and Christoph Steitz in FrankfurtEditing by Edmund Blair, Emelia Sithole-Matarise and Matthew Lewis)


Unintended consequence:
Wind turbines are impacting the health of Ontarians
Unintended consequence: Wind turbines are impacting the health of Ontarians

ByM.Gaudin, North Stormont

There is a real possibility of a future with hundreds of Industrial Wind Turbines (IWTs) surrounding the greater Ottawa area. Quite a picture. Let me tell you a story.

I live in the small community of North Stormont, just south of Ottawa. I have lived and worked in the Ottawa area for 25 years. The call of a rural life was strong when I bought our home in this peaceful community. I had hoped to retire here. I loved it here.

But the joy is gone. I keep my windows closed to try to eliminate the unearthly noise from the turbines. The insidious infra-sound makes me queasy like seasickness and feel off-balance if I go outside.

In 2015, an international wind company came into our area and signed wind leases with a bunch of property owners to build an industrial wind project. Knowing what we all learned from years of peer-reviewed research since the Green Energy Act of 2009, many were opposed to the project so close to our homes.

During this time, people continued to object. Noise and health incident reports have been continuously filed with both Ministry of Environment Conservation and Parks (MECP) and the Eastern Ontario Health Unit. The turbines erected are prototype Enercon E138s, too big and too clustered by the homes in this high-density rural area with schools and seniors' residences. We also learned about the situation in other Ontario wind projects; none of it was protective of the people's health. The people in North Stormont are experiencing what so many in every other Ontario wind turbine project are experiencing with no help from any government agency. The Ministry of Health (MOH) states that the Ministry of Environment Conservation and Parks (MECP) has authority over the project; MECP refers people back to the MOH.

I continue to write to the Minister of Environment Conservation and Parks (MECP) to fix it while a stream of civil servants and Ontario ministers send the same boilerplate responses month after month, delay after delay of action, and meanwhile, people of all ages are harmed daily from the turbine emissions. At no point does any ministry take responsibility for helping the people. How is this possible in Canada?

The formal incident reports sent to the government are of cardiac events, sleep disturbance, high annoyance levels, vertigo, dizziness, migraine, and ringing in the ears. It’s just some of the noise nuisance issues reported. And it started happening in my community as soon as the project began operating.

Sure, industry types and government civil servants state that wind turbines aren’t the cause. That’s to protect the billion-dollar global wind industry. People who receive financial benefits for leasing their land may also be harmed, but their lips are sealed under a gag order from the wind company.

Also concerning is how government-paid regional Medical Officers of Health live in the same communities, hearing the same concerns saying there is ‘no evidence’ of health problems from wind turbines. But there is evidence. The people are the evidence, and it’s serious.

They are not NIMBYs, just ordinary everyday people in rural Ontario. In my community, too many health incidents occur almost simultaneously. So what should one think when the only new addition to our small, tight community was the giant 29 -turbine wind project? Evidence!

We knew that one older woman Stephana Johnston in the Clear Creek Ontario wind project, had said: “All the advice I have been given by everyone who has learned about the physical health effects which started …when the last six of the group of 18 IWT's surrounding my home within a 3 km radius were put into action is that I SHOULD NOT LIVE any longer in the home I had built in 2004….”

But no remedy was ever provided because of the decades-old promulgation of the notion that the projects are safe and benign on the Ontario landscape. Yes, some people love wind turbines. They say they are graceful and majestic and the answer to climate change. But they do not have them as neighbours.

So, part of your freshly minted Energy Evolution Strategy vision is to transform Ottawa into a thriving city powered by clean, renewable energy. The modelling draft document indicates that the minimum results required to meet the 100% scenario for the electricity sector shows wind generation reaching 3,218 MW by 2050. “That is approximately 710 large scale turbines”... in the Ottawa area, according to advocacy organization Wind Concerns Ontario.  How do the non-urban outer reaches of Ottawa feel about that?

Let’s look at the big picture here. As far back as the early 2000s, politicians have been lobbied, enticed, persuaded, or paid to promote “green energy.” Virtually every lawmaker in every major jurisdiction in the western world decreed they’d be the ‘leader in green energy’ production, mainly by Industrial Wind Turbines [IWT].

Former Ontario Premier Dalton McGuinty, with the advantage of a majority government; newly formed environmental organizations; wind industry investors; oil and gas companies, and supportive media outlets, grabbed this trend by the tail, cheering the creation of the Green Energy Act (GEA). Hundreds of millions of incentive dollars went to Liberal Party executive insiders to get the ball rolling.  Finally, in September 2009, McGuinty passed the industry-led law with much fanfare but also much concern.

Concern, you ask? Prior to the approval of the GEA, there were rural Ontarians already exposed to pre-GEA IWT projects sponsored by the Governments of Canada and Ontario, heavily influenced by lobby groups.

ABOVE: A wind turbine located roughly 0.5 miles from a rural Ontario home. (PHOTO: Bonny McKeough)

In 2009 those rural Ontarians bravely came forward to disclose what industrial wind had done to their health, homes, and livelihoods. Many were farmers. Some lost their livestock to strange and horrible health problems not seen before. Others residents were affected by massive pressure pulses emitted from the giant turbine blades near their homes. For some, sleep became such an impossibility that many abandoned their homes to survive. That doesn’t sound too environmentally friendly now, does it? That was 13 years ago.

Fast forward to today, where the outer Ottawa area will become part of the solution to the Energy Evolution Strategy. Here is the scenario: wind energy proponents will knock on your door and ask to lease your land for their turbines. If you lease property to ‘be green or make green,’ you will sign a non-disclosure agreement preventing you from declaring any medical issues that, more likely than not, will arise. If you complain to the proponent or the Ministry of Environment in charge, you will get no resolution of your problems. They will advise you to see a doctor, though. If you become ill and complain, you will be described as a NIMBY or anti-environment.

Recently Australian courts have sided with residents surrounded by a wind project who described their ongoing health symptoms and were believed.

On March 25, 2022, the Australia Supreme Court from Victoria issued a precedent-setting decision which held that operational noise from the Bald Hills Wind Farm was causing a nuisance to two local residents at night time and ordered the operator of the Bald Hills Wind Farm to: “...pay a total of AU$260,000 in damages to the two residents.”

“The Court applied established principles at common law to determine that operational noise from the wind turbines at night amounted to a private nuisance because it caused a substantial interference with the two residents' use and enjoyment of their land.”

So, this is no time to cheer if you live anywhere near where the gigantic turbines are to be located. Adverse health effects, including heart palpitations, vertigo, nausea, and chronic sleep disturbance, were reported to the government over ten years ago and are still a serious health scourge today as wind turbines in Ontario are still operating.

In Ontario today, over 6000 incident reports have been submitted to the Ontario Ministry of Environment. This calls for a remedy to the agonizing problem of wind turbines. So beware, Ottawa. The Australian Supreme Court also held that: The public interest in the operation of the wind farm did not outweigh the need to abate the nuisance.

History will show that if you do not pay attention to the details surrounding socially ‘acceptable’ solutions such as industrial wind projects, those green dreams will likely become a nightmare.


For more information on industrial wind farming, visit https://www.windconcernsontario.ca or https://www.wind-watch.org

Photo: iStock

CRIMINAL CAPITALI$M
Wells Fargo Ordered to Pay Advisor Nearly $1 Million for Its Role in Credit Suisse Deferred-Comp Spat

By Andrew Welsch
May 23, 2022 

Seven years ago, Credit Suisse struck an unusual arrangement with Wells Fargo , giving Wells the inside track on recruiting the Swiss bank’s nearly 300 U.S.-based financial advisors.

Credit Suisse was closing its U.S. wealth management operation, and these elite advisors, who managed $93 billion in collective assets at the time, needed a place to go. Wells Fargo executives made their pitch to the advisors during a virtual town hall meeting in October 2015.


“We want you,” Mary Mack, then head of Wells Fargo Advisors, said according to a transcript of the meeting. She said Wells Fargo was “prepared to offer everybody” recruiting bonuses up to 300% of their annual revenue as an incentive to make the move. Advisors could expect offers in about two weeks.


Signage at a Wells Fargo bankDavid Paul Morris/Bloomberg


Not every advisor got one, it seems.

Anthony Aris Dertouzos alleged that he was snubbed by Wells Fargo. In addition, Credit Suisse withheld millions of dollars of deferred compensation from advisors as part of its planned exit from its U.S. wealth management business, he also alleged.

On May 17, a Finra arbitration panel ordered Wells Fargo to pay Dertouzos nearly $1 million for “negligent misrepresentations, fraud, [and] aiding and abetting Credit Suisse’s scheme to steal the deferred compensation from its relationship managers,” according to the arbitration award.

“I think everyone assumed that, based on the public statements, Wells Fargo would make an offer to everyone,” says Kevin T. Hoffman, an attorney for Dertouzos. “But they retained discretion to hire who they wanted.”

Dertouzos, who now works for Morgan Stanley , is ranked among Barron’s Top 1,200 Advisors for 2022. He declined to comment on the arbitration award.

His arbitration case against Wells Fargo was a lengthy one. Dertouzos filed his claim in 2018; the panel issued its ruling after 59 hearing sessions.

It appears to be the first to allege a Wells Fargo role in helping Credit Suisse to withhold deferred compensation.


Credit Suisse was not named as a party in the Dertouzos/Wells Fargo arbitration. It reached a confidential settlement with Dertouzos in a separate case. Hoffman declined to comment on that case.

A spokesman for Credit Suisse declined to comment on the case.

Wells Fargo denied the allegations, according to the arbitration award. A spokeswoman for the bank could not be reached for immediate comment.

Former Credit Suisse advisors have filed dozens of arbitration claims against the Swiss bank for allegedly withholding millions in deferred compensation. The company has denied the allegations.

It has had a mixed record in Finra arbitration.

In January, a Los Angeles-based arbitration panel ordered Credit Suisse to pay $6.3 million to seven financial advisors who say the firm wrongly withheld their deferred compensation. The following month, a Houston-based panel sided with Credit Suisse in a similar dispute with three of its former advisors.

During the 2015 town hall, former Credit Suisse executive Phil Vasan told advisors that if they moved to Wells Fargo they would receive a “very compelling onboarding award.” If advisors did not “to Wells Fargo, that’s not available to you,” Vasan said according to the transcript, which was filed in a New York state court as part of litigation between two ex-Credit Suisse advisors and the Swiss bank.

Though Credit Suisse has lost some arbitrations to advisors, it won a raiding case against UBS, which poached roughly 100 of Credit Suisse’s advisors following the announcement of the recruiting arrangement with Wells Fargo.

Write to Andrew Welsch at andrew.welsch@barrons.com
Former Activision Blizzard employee appeals $18 million harassment settlement

Igor Bonifacic
·Weekend Editor
Mon, May 23, 2022

Mike Blake / reuters

Former Activision Blizzard employee Jessica Gonzalez is appealing the publisher’s recent $18 million settlement with the US Equal Employment Opportunity Commission (EEOC). On Monday, the Communications Workers of America (CWA) announced Gonzalez is challenging the settlement on the grounds that it prevents workers who apply as claimants from suing Activision Blizzard in the future.

When the settlement was first approved by a federal judge in late March, many Activision Blizzard employees criticized it for not going nearly far enough to hold the company accountable. The fact the settlement prevents claimants from taking part in future litigation against Activision Blizzard was seen as particularly problematic as it would make those individuals ineligible to participate in California’s sexual harassment lawsuit against the publisher.

Employees have also argued $18 million is far too little to compensate everyone who could come forward with a claim against the company. The sum means there’s only enough money for the EEOC to award 60 employees with the maximum settlement allowed.

"Today’s appeal continues efforts by CWA and DFEH to interfere with and delay an $18 million settlement that benefits eligible employees. This is the tenth attempt," an Activision Blizzard spokesperson said. "It is unfortunate that DFEH – both directly and through those working with it – continues the campaign of misinformation and inaccurate claims.”

“The court allowed Activision and the EEOC to keep the affected workers and others who had an interest in holding the company accountable out of the process. Eligible employees should not have to give up their right to pursue other legal remedies if they accept the settlement,” Gonzalez said.

There is a precedent for workers winning a better settlement in these types of situations. Following a 2018 class-action lawsuit alleging sexual harassment and discrimination at the studio, Riot Games was ordered to pay $10 million to eligible employees. California’s Department of Fair Employment and Housing later blocked that settlement, and the amount was eventually increased to $100 million.

Update 5:09PM ET: Added comment from Activision Blizzard.

'Call of Duty' workers at Activision Blizzard vote to form union


By Doyinsola Oladipo

Mon, May 23, 2022, 

(Reuters) -A small group of Activision Blizzard workers voted for unionizing at a studio that works on the popular "Call of Duty" franchise, the second victory in a push to organize the video gaming industry.

Employees in the quality assurance department at Raven Software in Middleton, Wisconsin, voted 19-3 for joining the Communications Workers of America (CWA), according to a tally by U.S. National Labor Relation Board (NLRB) officials on Monday.

The union must still bargain and reach a deal on a contract with Activision. The vote will not have to be re-certified if Microsoft succeeds in its plan to acquire Activision, according to the CWA.

“We respect and believe in the right of all employees to decide whether or not to support or vote for a union. We believe that an important decision that will impact the entire Raven Software studio of roughly 350 people should not be made by 19 Raven employees,” Activision said in a statement following the vote.

Wisconsin is a right-to-work state, meaning any worker can choose not to be a union member.

Employees are speaking up at Activision following multiple accusations of sexual harassment and misconduct. They have walked out in protest of the company response to the allegations and layoffs of quality assurance testers. Employees have circulated a petition calling for the removal of Chief Executive Officer Bobby Kotick.

In the broader market, workers are also becoming more vocal and active about better pay and working conditions.

"Employees in this sector tend to be overworked and underpaid and treated as disposable, which probably goes against the public image that people have of tech workers," said John Logan, a professor of labor and employment studies at San Francisco State University adding that many feel the only way to gain respect is by unionizing.

In December, Vodeo became the first video game studio in North America with workers to secure union representation.

Employees at an Amazon warehouse in Staten Island, New York, recently voted to unionize and workers at an Apple store in Atlanta filed a petition for a union election.

Workers at more than 58 U.S. Starbucks cafes have elected to join Workers United, while at least four stores voted against the union, out of more than roughly 262 that have sought to hold elections since last August.

"There's certainly a huge amount of energy and optimism, particularly amongst young workers at the moment," Logan said.

In Wisconsin, the organizers called for a healthier work environment with realistic development timelines, appropriate compensation and career development opportunities in an industry where quality assurance is undervalued, according to the organizers official Twitter account.

The number of ballots received was 24 of 28 eligible voters. There were two challenged ballots, which is not enough to change the outcome of the vote.

"Other workers in the video game industry will be excited and inspired by the success of the Raven Software workers in forming their union. We urge Activision to respect their decision and commit to bargaining a fair contract," said CWA Communications Director Beth Allen said in a statement before the vote.

U.S. labor board judge orders union vote at Activision studioANALYSIS-Microsoft faces challenge cleaning up Activision Blizzard’s culture

(Reporting by Doyinsola Oladipo in New York; Additional reporting by Hilary Russ; Editing by Lisa Shumaker)

A group of Activision Blizzard workers vote to unionize

Amanda Silberling
Mon, May 23, 2022


After months of organizing, the quality assurance testers at Raven Software, a division of gaming giant Activision Blizzard, have voted to unionize. This marks the first union at a major gaming company in the U.S.

Administered through the National Labor Relations Board (NLRB), the vote passed 19-3 and two ballots were challenged, so a total of 24 out of 28 eligible workers voted.

These workers announced their intent to unionize in December, just days after Microsoft announced its plans to buy Activision Blizzard for $68.7 billion, which would be one of the largest tech acquisitions in history. But as the news of the pending acquisition went public, these quality assurance (QA) testers -- who mostly work on Call of Duty -- had been on strike for about five weeks, protesting the layoffs of 12 contractors.

“On December 3, about a third of my department was informed that their contracts were going to be terminated early. And this was coming off of a five-week stretch of overtime, consistent work,” Raven Software QA tester Onah Rongstad told TechCrunch at the time, explaining the intent to organize. “We realized in that moment that our day-to-day work and our crucial role in the games industry as QA was not being taken into consideration."

This five-week stretch of overtime work that Rongstad describes is referred to as "crunch" in the gaming industry, which has been often cited as a huge cause of burnout and stress for gaming workers. The union, which goes by the name Game Workers Alliance and is represented by the Communications Workers of America (CWA), can now attempt to bargain with their employer to instate rules that circumvent "crunch" or unexpected layoffs.

But the problems run deeper at Activision Blizzard, which employs around 10,000 people. Following a two-year investigation, the state of California’s Department of Fair Employment and Housing filed a lawsuit against Activision Blizzard in July, alleging that the company fostered a “‘frat boy’ workplace culture,” calling it “a breeding ground for harassment and discrimination against women.” Plus, CEO Bobby Kotick reportedly knew for years about sexual misconduct and rape allegations at his company, but he did not act. Kotick has been rumored to step down amid ongoing SEC investigations and sexual harassment scandals in his company, but that may not happen until after the Microsoft acquisition closes in 2023, if at all.

When the Game Workers Alliance filed for a union election, Activision Blizzard tried to block the election by claiming that any union must include all 230 employees at Raven Software, which would have made it more difficult for the QA testers to win a vote. But the NLRB ruled that the QA department could vote to unionize on its own.

“Activision did everything it could, including breaking the law, to try to prevent the Raven QA workers from forming their union. It didn’t work, and we are thrilled to welcome them as CWA members,” said CWA Secretary-Treasurer Sara Steffens.

Activision Blizzard has made some effort to improve working conditions since then. In April, the company converted about 1,100 QA contractors to full-time staffers and increased the minimum wage to $20 per hour. But Activision Blizzard claimed that, due to laws under the National Labor Relations Act, the company wasn’t allowed to change the pay rate of its employees in the midst of a union effort. The CWA, however, said that this was a “disingenuous” attempt at union busting. Then, just yesterday, the NLRB found that among another group of workers, Activision Blizzard illegally threatened staff and upheld a social media policy that restricted workers' rights to collective action.

"Our biggest hope is that our union serves as inspiration for the growing movement of workers organizing at video game studios to create better games and build workplaces that reflect our values and empower all of us," the Game Workers Alliance said in a statement.

Last year, the 13-employee indie studio Vodeo Games became the first certified gaming union in North America. Now that a union has successfully formed at a major gaming studio, perhaps more pushes to unionize will follow.

“We respect and believe in the right of all employees to decide whether or not to support or vote for a union. We believe that an important decision that will impact the entire Raven Software studio of roughly 350 people should not be made by 19 Raven employees," an Activision Blizzard spokesperson said.

Within the next five business days, Activision Blizzard can file an objection. But since the NLRB has already ruled that the 28-person QA department had a right to organize independent of the rest of Raven Software, it's unlikely that the decision will be overturned on those grounds.


Activision Illegally Threatened Staff, Labor Officials Find

Josh Eidelson
Mon, May 23, 2022


(Bloomberg) -- US labor board prosecutors determined that Activision Blizzard Inc. illegally threatened staff and enforced a social media policy that conflicts with workers’ collective action rights, according to a government spokesperson. The finding is a setback for the company as it tries to fend off a unionization effort and finalize a $68.7 billion sale to Microsoft Corp.

Unless Activision settles, the Los Angeles-based regional director of the National Labor Relations Board will issue a complaint, the agency’s press secretary Kayla Blado said Monday. The NLRB enforces the National Labor Relations Act, the New Deal law establishing workers’ collective action and organizing rights.

Activision denied wrongdoing. “These allegations are false,” company spokesperson Jessica Taylor said in an emailed statement. “Employees may and do talk freely about these workplace issues without retaliation, and our social media policy expressly incorporates employees’ NLRA rights.”

The labor board is slated to count ballots on Monday from an election held among around 21 employees at Activision’s Raven studio in Wisconsin, which could establish a rare foothold for organized labor in the video game industry.

The allegations in the labor board case were brought to the agency last September by the Communications Workers of America, the same union organizing at Raven. CWA, which has increasingly focused in recent years on organizing non-union workers in the tech and video game industries, said in an emailed statement at the time that it was “very inspired by the bravery” of Activision employees and that it filed with the agency to ensure that violations by the company “will not go unanswered.” In an emailed statement Monday, CWA’s organizing director Tom Smith said the labor officials’ finding underscored the need for Activision’s CEO to change course: “In order to rebuild trust at Activision, Bobby Kotick needs to take the high road and start listening to workers instead of doing everything possible - including breaking the law - to silence them.”

Activision, the games-entertainment behemoth behind Call of Duty, has had a tumultuous year. It was hit last summer with an explosive complaint from California’s Department of Fair Employment and Housing, accusing the company of fostering a “bro culture” of sexism. Activision’s chief compliance officer, who served as Homeland Security adviser to President George W. Bush, called those claims “factually incorrect, old and out of context.” Workers there moved to unionize after news of job cuts in December 2021, which preceded weeks of strikes. In January, Activision agreed to the deal with Microsoft.

Complaints issued by labor board regional directors are considered by agency judges, whose rulings can be appealed to NLRB members in Washington, D.C., and from there to federal court. The agency can require remedies such as posting of notices and reversals of policies or punishments but has no authority to impose punitive damages. Jennifer Abruzzo, the labor board’s general counsel appointed by President Joe Biden, takes a much broader view of workers’ legal rights than her Trump-appointed predecessor. She has signaled she’ll seek to establish new precedents on numerous issues, including how much companies can restrict employees’ social media posts.


UPDATE 2-Videogame publisher Activision illegally threatened staff, U.S. agency says


Mon, May 23, 2022, 
By Kanishka Singh and Daniel Wiessner

WASHINGTON, May 23 (Reuters) - Videogame publisher Activision Blizzard Inc enforced a social media policy that conflicted with workers’ rights and illegally threatened staff in the policy's enforcement, a U.S. government agency said on Monday.

Unless Activision settles, the Los Angeles-based regional director of the National Labor Relations Board (NLRB) will issue a complaint, a spokesperson of the NLRB said in a statement.

The NLRB had been looking into allegations brought to the agency last September by labor union Communications Workers of America (CWA).

The announcement came on the same day that a small group of Activision employees at a Wisconsin studio that works on the popular "Call of Duty" franchise voted to join the CWA.

The union has increasingly focused in recent years on organizing non-union workers in the tech and video game industries.

The "Call of Duty" videogame maker said on Monday the allegations were false.

"These allegations are false. Employees may and do talk freely about these workplace issues without retaliation, and our social media policy expressly incorporates employees' NLRA rights," a company spokesperson said.

"Our social media policy explicitly says that it ‘does not restrict employees from engaging in the communication of information protected by law, including for example, rights of employees in the United States protected by the National Labor Relations Act,'" the spokesperson said.

In recent months, Activision Blizzard workers have banded together to try to influence the company's future, including staging a walkout and circulating a petition calling for the removal of Chief Executive Officer Bobby Kotick. Microsoft Corp announced plans to acquire Activision in January.

The company's labor issues come as it also faces claims from a California civil rights agency of widespread discrimination against female employees. Activision has denied wrongdoing and said the agency did not thoroughly investigate workers' discrimination complaints before suing.

Activision had faced similar claims from the U.S. Equal Employment Opportunity Commission, which it settled in March for $18 million.

(Reporting by Kanishka Singh in Washington and Daniel Wiessner in New York; Editing by Lisa Shumaker)

NLRB accuses Activision Blizzard of violating labor law by threatening employees

Kris Holt
·Contributing Reporter
Mon, May 23, 2022

Mike Blake / reuters


A regional director for the National Labor Relations Board has determined there's "merit to the allegations" that Activision Blizzard violated the National Labor Relations Act. It says there are indications the company and its subsidiaries Blizzard Entertainment and Activision Publishing maintained an "overbroad social media policy" and that Blizzard threatened employees who were exercising their right to organize. The findings were first reported by Bloomberg and confirmed to Engadget.

“These allegations are false. Employees may and do talk freely about these workplace issues without retaliation, and our social media policy expressly incorporates employees’ NLRA rights," an Activision Blizzard spokesperson told Engadget in a statement. "Our social media policy explicitly says that it ‘does not restrict employees from engaging in the communication of information protected by law, including for example, rights of employees in the United States protected by the National Labor Relations Act.’”

If the company does not settle the case, the NLRB's Los Angeles office will file a complaint. That will lead to a hearing in front of an NLRB Administrative Law Judge (unless a settlement is reached in the meantime).

While the agency can't impose punitive measures against a defendant, it can require them to reverse punishments or policies; reinstate fired workers and provide backpay; or post notices containing promises not to break the law. An NLRB regional director can petition a district court for a temporary injunction if workers' rights have been violated. The agency can also file cases in federal court.

The allegations were made in September by the Communications Workers of America (CWA). It accused Activision Blizzard in an Unfair Labor Practice filing of telling employees they can't discuss wages, hours or working conditions; enforcing an "an overly broad social media policy" against workers who "engaged in protected concerted activity" (i.e. their right to organize or discuss unionization); and threatening or suveilling such employees.

The news comes on the same day that votes will be counted in a Raven Software union election. Quality assurance workers at the Activision Blizzard studio, who are organizing with the CWA as the Game Workers Alliance, got the go-ahead from the NLRB to hold a vote. If they're successful, the group of 21 or so workers will form the first union at a AAA game publisher in North America, despite the company's reported attempts to stymie their efforts.

Activision Blizzard's labor practices came under intense scrutiny last July when California’s Department of Fair Employment and Housing accused it in a lawsuit of fostering a "frat boy" culture where sexual harassment and discrimination were present. Other suits have been filed against the company since, including a wrongful death case.

In the wake of the initial suit, Activision Blizzard workers formed an employee advocacy group called A Better ABK. They used social media to organize and share their concerns and demands publicly.

The company is the subject of a proposed $68.7 billion takeover by Microsoft. Its shareholders voted in favor of the deal last month, but regulatory approval is still required.

Update 5/23 3:10PM ET: Added Activision Blizzard's statement.