I’ve been hoping for better local coverage of the surprise announcement of the proposed sale of HEI to Florida-based NextEra Energy. So far, even much of the Day 2 reporting has been based on the news releases and slide presentations made yesterday.
This is, after all, the largest (or one of the largest) companies in the state, and this would undoubtedly be a major change in politics and economics. For example, how will Hawaii banks be impacted by the shift of control from Honolulu to the Florida-based NextEra? What do the HECO unions have to say?
But there are some nuggets available.
MarketWatch is reporting this morning that a law firm is investigating whether HEI shareholders are getting a fair deal.
NEW YORK, Dec 04, 2014 (BUSINESS WIRE) — Juan E. Monteverde, a partner at Faruqi & Faruqi, LLP, a leading national securities firm headquartered in New York City, is investigating the Board of Directors of Hawaiian Electric Industries, Inc. (“Hawaiian Electric” or the “Company”) HE, +14.93% for potential breaches of fiduciary duties in connection with the sale of the Company to NextEra Energy, Inc. (“NextEra”) NEE, -1.13% for approximately $2.6 billion in a cash and stock transaction. The Company’s stockholders will receive 0.2413 NextEra shares, and a one-time cash dividend payment of $0.50 for each share of Hawaiian Electric common stock they own.
The investigation focuses on whether Hawaiian Electric’s Board of Directors breached their fiduciary duties to the Company’s stockholders by failing to conduct a fair sales process and whether and by how much this proposed transaction undervalues the Company to the detriment of Hawaiian Electric’s shareholders.
Pacific Business News reported that HEI was not soliciting offers for the company and instead was approached directly by NextEra.
According to PBN’s Duane Shimogawa, Connie Lau, HEI’s CEO, said “there were no other companies engaged in discussions regarding a sale.”
Very interesting. Then how did the company value itself? Would a more competitive process have brought additional suitors? Would a local group have been able to play at this level?
According to the Miami Herald blog:
The merger raises lots of questions about what this means for the Juno Beach-based company. Hawaiian law requires utilities to meet get 70 percent of their supply from clean energy by 2030 and, in Florida, NextEra’s largest subsidiary, FPL, has aggressively fought off attempts to establish a similar clean energy goal here.
NextEra has also effectively blocked the emergence of competitive distributive energy generation in Florida with a dominant, take-no-prisoners approach to regulation and politics, while Hawaii has merged as one of the nation’s top one of the markets where competitive distributive generation is becoming a reality.
Forbes contributor William Pentland points out that “Hawaii has become a flash point in the battle over the future architecture of the electric grid. The relentless rise of power prices in the state has accelerated customers’ adoption of distributed generation.”
That’s in stark contrast to Florida where FPL and its parent, NextEra, has kept wholesale competitors out by controlling access to the transmission grid except for incumbent utilities.
“NextEra’s expansion into Hawaii is likely a mixed blessing for the distributed generation business,” Pentland wrote.
According to the Star-Advertiser:
The sale would move control of Hawaii’s leading electric company to the mainland for the first time since it was founded in 1891 by King David Kalakaua.
Reaction was mostly cautious or skeptical among Hawaii renewable energy advocates and political leaders who voiced concern over the shift of HEI’s leadership to a state 5,000 miles away.
According to the South Florida Business Journal: “NextEra Energy is South Florida’s fourth-largest public company, according to Business Journal research. The company reported $15.1 billion in 2013 revenue, up from $14.3 billion the year before.”
Meanwhile, keep a close watch on what Henry Curtis comes up with on his Ililani Media.
I wonder what the local group that was exploring a bid for the company thinks about the price the current merger proposal is based on?