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Veolia losing water contract, will get $29M termination fee

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Veolia will no longer have a role in operating Indianapolis Water after the city sells the utility to Citizens Energy Group—but the company will walk away with $29 million in the form of a contract-termination fee.

Meanwhile, Citizens plans to make job offers to “substantially all” of Veolia’s 436 employees at the water utility.

The contract-termination agreement announced Thursday, which must be approved by the Indiana Utility Regulatory Commission, came as somewhat of surprise. Citizens has been in talks with water system operator Veolia since at least July, when City-County Council members approved the sale.

In the end, however, it became clear that a narrower role for Veolia under Citizens’ ownership would not offer much in the way of profit potential, said Brian Clarke, executive vice president for Veolia North America. The French company operates water and wastewater utilities in more than 650 cities including Atlanta and Buffalo.

Citizens is a public charitable trust that provides natural gas, chilled water and steam service in the Indianapolis area.  The savings from consolidating the back offices of several utilities as well as supply chain efficiencies gives Citizens an edge in costs, and it expects $60 million in annual savings after a three-year integration period.

 “It’s a little tough to argue with the city’s choice here, given the very unique position Citizens holds,” Clarke said. “We’re very proud of what we’ve done” managing Indianapolis Water.

Veolia has managed the city water utility since 2002 under a contract that was to have expired in 2022. Mayor Greg Ballard proposed selling the water and sewer operations as a way to generate cash for city infrastructure improvements.

City officials Thursday said the $29 million termination fee is consistent with the original operating contract and “reimburses Veolia for investments it made to improve the [water] system at the company’s cost,” which had originally anticipated a 20-year rate of return.

“Utility rates won’t go up as a result of this payment,” said Chris Cotterill, chief of staff for Mayor Greg Ballard. That’s because the fee will come from a $40 million escrow account, funded by the sanitary district general fund, set up last summer to cover unanticipated costs in selling the city’s water and sewer operations to Citizens.

The contract termination fee does, however, put a big dent in potential bonus the city could have reaped from the utility sales.

If the $40 million would have remained in the escrow after two years, the city would have been able to keep $25 million of it—raising its take from the sale to $459.7 million versus $434.7 million.

Citizens also would have benefitted, keeping $15 million had the transition been achieved without tapping the $40 million escrow.

Citizens’ President and CEO, Carey Lykins, asked how Citizens could forgo help from Veolia with Citizens having never before operated a water utility, said Citizens expects to retain the bulk of the experienced Veolia personnel who already run the utility. Lykins also said there are similarities  between running a water utility and Citizens existing gas, steam and chilled water units. “You might be surprised how much commonality there is,” he said.

Citizens needs “the fine experienced men and women now providing water and wastewater service to the Indianapolis community,” states an update document on the deal provided by the city and Citizens.

All of the current bargaining-unit employees at the water system will have jobs with Citizens. Meanwhile, all union employees of the wastewater system will continue to be employed by the private operator of that city system, United Water. United’s contract, which runs until 2018, is being assigned to Citizens.

Citizens said it will offer jobs to 34 employees of the city’s Department of Public Works who work at the utilities, and to four employees of the Department of Waterworks. Those who are not hired by Citizens are to be retained by the city.

As for non-bargaining-unit employees, any staff reductions will be done “through attrition whenever possible,” Citizens said.

Documents filed with state regulators show that about two dozen customer-service jobs could be eliminated after Citizens buys the utilities. Another six billing service positions also could be cut as Citizens combines back-office functions of the utilities. Citizens officials said customer service jobs tend to be of a high-turnover nature, so they’re hoping attrition will eliminate the need for pink slips.

Lykins emphasized that the biggest single chunk of the anticipated $60 million a year in savings will come not from reduced headcount but from supply chain efficiencies. Citizens is banking on volume purchasing savings and savings that come from repackaging its contracts in such a way to obtain more attractive pricing from contractors.

“It’s not a significant job loss in my mind," he said. "Savings are not predicated on job losses.”

Citizens still needs IURC approval to close the deal, which likely won’t come until early next year. In the meantime, the city will pay Veolia to continue to manage and operate Indianapolis Water: $3.5 million this month, $4.5 million a month from November to March, and $5.5 million a month thereafter until the deal closes.

Besides selling the deal to City-County Council last July as a way to generate more than $425 million to improve roads, bridges and sidewalks, Ballard said he expects savings from the deal to result in 25 percent lower combined water and wastewater rates than previously projected had the utilties not been sold.

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  • Its Magic!
    Do you believe in magic? Just read the fiscal slight of hand in this IBJ article, "Utility rates won't go up as a result of this payment, said Chris Cotterill, chief of staff for Mayor Greg Ballard. That is because the fee will come from a $40 million escrow account, funded by the sanitary district general fund, set up last summer to cover unanticipated costs in selling the city's water and sewer operations to Citizens." Wow, a magic fund that came from where? Oh, the taxpayer. No magic there. Darn it.
  • Its Magic!
    Do you believe in magic? Just read the fiscal slight of hand in this IBJ article, Quote, Ã?¢ââ??¬Ã?â??Utility rates wonÃ?¢ââ??‰â??¢t go up as a result of this payment,Ã?¢ââ??¬Ã?Â? said Chris Cotterill, chief of staff for Mayor Greg Ballard. ThatÃ?¢ââ??‰â??¢s because the fee will come from a $40 million escrow account, funded by the sanitary district general fund, set up last summer to cover unanticipated costs in selling the cityÃ?¢ââ??‰â??¢s water and sewer operations to Citizens." Wow, a magic fund that came from where? Oh, the taxpayer. No magic there. Darn it.

    74yb3
    • The Real GOP is what we Have
      "I would like to offer everyone my apologies. I worked for Ballard. He is not the person I worked for. He is letting a bunch of sharks around him run the city. They are cashing in big time, selling off everything in the City they can. It's embarassing to my party that this guy is a Republican. He is not a conservative. "

      WELL THE LIGHT DOES COME FOR THOSE STANDING IN THE DARK. IT IS TIME TO TURN THE LIGHT ON FOR MORE.

      But Ballard is typical of the GOP. Mitch first sells off the toll road and immediately the fees jump in multiples. Ballad sells off the water company, wants to give away the parking meter fees - which will double immediately and then rise according for the next 50 years. Oh yes, the GOP is for no and low taxes, but sell off those assets that reduces the cost of government to those who give big bucks to the GOP and their reelections. So next time you pay the water bill, buy a ticket to a sports game, feed a parking meter, etc. remember the GOP did not raise your taxes, just their lobbying special interests. The next time you cannot go the library because it is closed, kids come home with no text books, or the school is closing, remember that Ballard/Mitch reduced those things that government did that they think is not important and a waste of our money.
    • What a ripoff
      After the water bill I just got in the mail today they need to lower rates substantially. I live along and got a $63 dollar water bill due to estimation?? It went up from last months $45? I have water bills from 3 year ago and I was paying just below or just under $20 a month and its almost tripled. A friend got an estimated for $107 this month and he lives alone and doesn't water his grass either. What is going on? I called the water company and they said that even if i didn't use a drop of water my combined sewer and water bill would be $26 a month. Why should someone have to pay for sewer if they dont' use any water? Its getting outrageous.
      • Please Forgive Me
        I would like to offer everyone my apologies. I worked for Ballard. He is not the person I worked for. He is letting a bunch of sharks around him run the city. They are cashing in big time, selling off everything in the City they can. It's embarassing to my party that this guy is a Republican. He is not a conservative.
      • Wrong on so may levels
        Here is a little known secret. We shouldn't have to pay any break up fee.

        Veolia and United Water contracts expired at the end of Mayor Peterson's term.

        Mayor Ballard's administration renewed the Veolia contract for twenty more years, and now wants to break the agreement early, costing taxpayers over $29 million in penalties!

        Read Advance Indiana blog comments:

        http://advanceindiana.blogspot.com/2010/10/surprise-youre-paying-29-million-to.html
      • Selling the Water Company for Pennies on Dollar
        The truth is that this transaction will provide no cost savings, will increase water/sewer bills, and raise the debt burden on the new entity to an unsustainable an level.

        The new debt and Payments in Lou of Taxes (PILOT) wont even be used to lower water/sewer customer bills by making the require EPA consent decree sewer overflow improvements.

        The Mayor intends to create a huge slush fund for unrelated construction projects.

        They are using this utility rate increase as a way to raise revenue and get around the property tax cap. Problem is Utility payments are not deductible, so utility customers will get a double hit.

        The Indiana Utility Regulatory Commission should reject this proposed Water Company sale.

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      1. How can any company that has the cash and other assets be allowed to simply foreclose and not pay the debt? Simon, pay the debt and sell the property yourself. Don't just stiff the bank with the loan and require them to find a buyer.

      2. If you only knew....

      3. The proposal is structured in such a way that a private company (who has competitors in the marketplace) has struck a deal to get "financing" through utility ratepayers via IPL. Competitors to BlueIndy are at disadvantage now. The story isn't "how green can we be" but how creative "financing" through captive ratepayers benefits a company whose proposal should sink or float in the competitive marketplace without customer funding. If it was a great idea there would be financing available. IBJ needs to be doing a story on the utility ratemaking piece of this (which is pretty complicated) but instead it suggests that folks are whining about paying for being green.

      4. The facts contained in your post make your position so much more credible than those based on sheer emotion. Thanks for enlightening us.

      5. Please consider a couple of economic realities: First, retail is more consolidated now than it was when malls like this were built. There used to be many department stores. Now, in essence, there is one--Macy's. Right off, you've eliminated the need for multiple anchor stores in malls. And in-line retailers have consolidated or folded or have stopped building new stores because so much of their business is now online. The Limited, for example, Next, malls are closing all over the country, even some of the former gems are now derelict.Times change. And finally, as the income level of any particular area declines, so do the retail offerings. Sad, but true.

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