TXU shares bounce back
May 30, 2007 - Knight Ridder Tribune Business
News
Author(s): Jim Fuquay
May 30--TXU stock moved to its best close since late February as the
utility's pending $45 billion buyout appeared more likely after the
Texas Legislature adjourned without taking significant action that could
have threatened the deal.
The Dallas-based company's stock (ticker: TXU) finished trading
Tuesday at $68.04, up 23 cents, the highest since an investment group
announced its $69.25-a-share offer Feb. 25. The shares had traded as low
as $62.15 in the following weeks as concerns m unted that regulatory and
legislative challenges could derail the deal. The stock has been
trending upward since early May. Jeff Eller, a spokesman for Texas
Energy Future Holdings, the potential buyer of TXU, declined to comment
on the legislative outcome, as did TXU spokeswoman Lisa Singleton.
Legislators had considered but did not pass measures that would have
given the P blic Utility Commission a yes-or-no review on the buyout or
required the company to break up its generating, transmission and retail
segments.
Eller said the buyout group instead is "focusing on getting our
commitments made binding and legal." Texas Energy Future Holdings, which
includes private-equity giants TPG and Kohlberg Kravis Roberts & Co., in
late April made a PUC filing that makes various guarantees related to
financing and operational issues at what is now called Oncor Electric
Deli ery, TXU's regulated transmission-and-distribution business. Those
guarantees do not apply to TXU's nonregulated businesses, which provide
most of the company's revenue. Singleton said TXU has not yet set a date
for shareholders to vote on the transaction.
She said the company has made necessary filings with the Federal
Energy Regulatory Commission and Nuclear Regulatory Commission, and
still has to make filings with th Federal Communications Commission and
the Justice Department. The FCC is involved because TXU wants to provide
broadband Internet services over its power lines. The Justice Department
will consider antitrust concerns. Singleton said TXU's next filing with
the Securities and Exchange Commission is likely to be a preliminary
merger disclosure, expected sometime in June. After the SEC reviews
that, she said, the company will file its final merger disclosure and
set a da e for the shareholder vote.
Barry Abramson with Gamco Investors in Rye, N.Y., which holds more
than 1 million TXU shares, told Bloomberg News that the lack of
legislation "bodes well for having the deal completed on schedule." It's
generally been anticipated that the buyout could close by September or
October.
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