Corporate Governance

Climate DataGate – Audit reveals the shoddy data we allocate billions off

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What a joke. Jo Nova unpacks the first proper audit of the dataset our governments put faith in to fork out billions into mad green schemes. She writes,

There are cases of tropical islands recording a monthly average of zero degrees — this is the mean of the daily highs and lows for the month. A spot in Romania spent one whole month averaging minus 45 degrees. One site in Colombia recorded three months of over 80 degrees C. That is so incredibly hot that even the minimums there were probably hotter than the hottest day on Earth. In some cases boats on dry land seemingly recorded ocean temperatures from as far as 100km inland The only explanation that could make sense is that Fahrenheit temperatures were mistaken for Celsius, and for the next seventy years at the CRU no one noticed.”

 

Musk flips the ‘bird’ at the SEC

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Tesla shareholders must wish Elon Musk would be as silent as his products. It seems the Tesla CEO has learnt nothing from his $20mn fine. Given that Tesla is still under investigation for other reporting  matters, it seems unprofessional to bait the SEC when shareholders want to see stability at the helm. Musk tweeted,

Just want to that the Shortseller Enrichment Commission is doing incredible work. And the name change is so on point!,”

Just further evidence this CEO has no wish to listen to his board or interact with them in a way that promotes best practice corporate governance. It’s still a one man band. The irony of the tweet is that the SEC’s leniency allowed him to stay at the top causing a 17% jump on the settlement.

Even worse Paragraph 13 of his settlement with the SEC requires him to seek board oversight of any public communications although has yet to be officially signed off by a judge.

In a twist or irony one shareholder tweeted back that he wasn’t just attacking the stock shorters  but the long only owners as well.

Tesla shares closed down 4.4% and indicated at $273 in the after market, a fitter 3% fall. At the start of the SEC decision last week the shares had traded as low as $267. In a sense Musk has been the Shortsellers Enrichment CEO not the SEC.

Musk to recover $1.2bn based on pre-market

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Musk stands to recover $1.25bn in wealth if the pre-market indications of Tesla prove correct. A $20mn fine from the SEC which effectively wiped $1.3bn of wealth will all but be restored. Is it just that investors think that nothing will change even if he isn’t chairman? Did the SEC fold to his star power or did they receive a free flame thrower to lighten the charge? While $20mn looked like a proper slap on the wrist he can shrug off the incident like it didn’t happen. All in all pretty impressive. He lives to fight another day.

Weren’t sisters doing it for themselves?

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Aretha Franklin and Annie Lennox from the Eurythmics told us back in 1985:

Sisters are doing it for themselves
Standing on their own two feet
And ringing on their own bells
Sisters are doing it for themselves”

It was only yesterday CM congratulated Ana Carrasco for being the very first women’s motorcycle world champ. She defied all the odds which undoubtedly made her achievement all the sweeter.

However California is introducing legislation forcing companies to have at least one female board member by next year and three by 2021. What if women don’t want to work for the sewage board?

In June 2018 CM was in Israel on a delegation and met some of the most brilliant, intelligent and talented people in that group. Many happened to be women (an irrelevance) but they’ve achieved their status through ability not gender. To think they’d got to the top by anything other than raw determination and talent would be an insult to them. Not one of them has been out there waiting for a free pass.

On the contrary, California must have rocks in its head to think that talented sisters are waiting for a legal leg up. Talk about a patriarchy that wants to do good. It only seeks to point it out. Effectively saying without our help you can’t get ahead by yourself!

To put the shoe on the other foot, what if a company has a 100% female board? I’m sure California will clock it up as a win for diversity. What next, LGBT representation? Religious representation?

CM welcomes 100% female boards if meritocracy is the driver. Companies in this day and age that don’t strive to hire the best will suffer in the end if they choose mediocre men over women. Surely shareholders are the ones who should have the say, not legislators.

The CEO of CM’s next venture is a woman of such impeccable credentials that she totally deserves the position she’s in. She wasn’t selected on gender but qualifications.

So 33 years ago, the movement was already in full swing. Is it that California’s leaders are just way behind the curve?

Now there was a time when they used to say
That behind every – “great man”
There had to be a – “great woman”

But in these times of change you know
That it’s no longer true
So we’re coming out of the kitchen
Cause there’s something we forgot to say to you (we say)…

we got doctors, lawyers, politicians too

Everybody – take a look around
Can you see – can you see – can you see
There’s a woman right next to you

Sisters are doing it for themselves
Standing on their own two feet
And ringing on their own bells
Sisters are doing it for themselves

Now we ain’t making stories
And we ain’t laying plans
Cause a man still loves a woman
And a woman still loves a man
(Just the same though)…

 

If we’re so keen to stick to Paris should we feel guilty about nuclear power?

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Australia seems keen to stick to the Paris Accord. Despite knowing whatever we do on saving the planet through following the politics of Paris will result in no palpable change in world temperatures at considerable economic cost to overstretched taxpayers. If we seem so keen to do our bit for tokenism, why not copy so many signatories and build nuclear plants? After all if we don’t want to be censured for abandoning the accord should we feel any sense of guilt if we adopt the very same CO2 limiting measures of others? Safety in numbers – literally.

CM was privy to a meeting with a former US Navy officer who was speaking about how negative PR can create false narratives. Nuclear power was one of them. He argued that the US & Japan were losing the PR war hence technological leadership on civilian nuclear power. The likes of Toshiba-Westinghouse are now shrinking minnows whose dwindling order book looks like the victim of a sunset industry when in reality it has been terrible program management. However why should it?

Nuclear power is set to be 14% of global electricity generation by 2040 from 11% today. Emerging Asia get the practicalities of nuclear power. Affordable and sustainable baseload with virtually no emissions.

Of course the horrible outcomes of poorly managed nuclear plants has come at great financial cost as experienced most recently  with Fukushima but the safety record of nuclear power is astonishingly good. Quantum levels more people die in coal mine accidents every year than the combined deaths from radiation from Chernobyl or Fukushima meltdowns since either occurred.

The misplaced fear of Fukushima was so high at the time that Americans across the Pacific were stocking up on radiation masks and Geiger counters in preparation of impending irradiation. It seemed the further one got away from the reactor the more hysteric people became. Deaths in the US as a result of the Fukushima meltdown? Zero!

As it stands, the US has two nuclear plants under construction at present which are saddled with delays and costly overruns based on incompetent execution. The Chinese have twenty in the build phase. India 7. Korea and the UAE 4 each. Russia 3. Even Bangladesh & Pakistan have two in the pipeline using technologies outside of the US/Japan.

There are about 150 power reactors with a total gross capacity of about 160GWe on order with about 300 more proposed. Where are the former world leaders in power technology? Next to nowhere. Cowering in a corner and allowing themselves to be beaten up senseless over false statistics. Where is the PR reporting reality? It’s as if they’ve given up. Where is the media lambasting China, India and other nations for putting our lives at risk? That’s right – nowhere.

What probably escapes many people is that for all the negative news cycle around nuclear power and the thirst for renewable alternatives, many Americans are already surrounded by active nuclear plants. While they visit a zoo or the beach they are blissfully unaware that at all the naval ports dotted around the mainland (e.g. California, Connecticut, NY, Florida, DC, Texas, South Carolina etc) and islands (e.g. Hawaii, Japan) there are 100s of nuclear reactors sitting safely in close proximity to millions of civilians. Yet where is the outrage? Not a peep.

Shout from the hilltops at the efficiency of renewables all you want. Then explain why those with higher levels of renewables as baseload power end up with the highest incidents of blackouts and steepest prices.

South Australia is the case in point. Australia is home to the cheapest materials (gas, coal and uranium) to make affordable electricity but we have caved to the green madness and saddled ourselves with punitive power prices to meet goals based on unproven and often whistle blown manipulated science. If climate scientists were subject to the same punitive damages that players in the financial industry are then it is likely the “targets” leading to our ecological disaster would be pared back to such a degree we’d just keep calm and carry on. Yet because there is no risk of jail sentences the tax dollars get misappropriated, funding an industry whose survival and growth depends on fear. Talk about a lack of ethics.

Even worse we want to double down on this inefficient renewable technology (where claims are often made on 100% capacity rather than the 20% they truly operate on) despite having empirical evidence of its all too obvious shortcomings. Virtue signaling actions such as blowing up old coal fired power stations has ironically proven the stupidest of moves in that all the while demand hasn’t changed reductions in reliable baseload supply makes us vulnerable.

Throw on the desire to electrify the automobile  and we already know that existing base load won’t cope with the increased demands. Take a look at Britain as an example. Apart from the risks of losing massive fuel tax levies (around 5% of total government revenue) the power industry’s current projections of new electricity generation additions can’t meet the expected demand if we all plug our EV in overnight.

So Australia should quit worrying about what others think and act in its own best interests. Maybe Canberra needs a PR agency more than the nuclear industry does. High time to look at real data and sustainability.

 

Musk channels the Black Knight?

It has become apparent that the SEC & Musk had a deal which would see him removed from Tesla yet his lawyers have rejected it at the last minute because he’d rather fight the charges. One could argue in favour of his bravery to appeal against what looks to be a very open and shut case about breaching probably the most basic of errors in standard reporting to the exchange to ensure fairness.

Maybe he feels that he is only going to get a slap on the wrist? In the 63 odd charges laid out against individuals by the SEC for reporting violations in 2018, the average fine has been $75,000. Hardly a ripple to Musk’s net worth.

The bigger risk for Tesla shareholders if Musk loses in court against the SEC and is forced out (to be honest his board should demand it) will be losing a figurehead who at the very least has managed to make a company with no profits, monster debts and questionable actions worth more than Ford, FCA & GM combined. Betting against Musk has been a dangerous game. He may well be teflon coated but it remains questionable whether he can strap himself to his reusable rockets and escape the fraud charges.

Musk charged with securities violations

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Tesla CEO Elon Musk has been accused by the SEC of violating Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 [17 C.F.R. § 240.10b-5]. The SEC claimed,

“Musk’s false and misleading public statements and omissions caused significant confusion and disruption in the market for Tesla’s stock and resulting harm to investors…Musk knew or was reckless in not knowing that each of these statements was false and/or misleading because he did not have an adequate basis in fact for his assertions. When he made these statements, Musk knew that he had never discussed a going-private transaction at $420 per share with any potential funding source, had done nothing to investigate whether it would be possible for all current investors to remain with Tesla as a private company via a “special purpose fund,” and had not confirmed support of Tesla’s investors for a potential going private transaction. He also knew that he had not satisfied numerous additional contingencies, the resolution of which was highly uncertain, when he unequivocally declared, ‘Only reason why this is not certain is that it’s contingent on a shareholder vote.’ Musk’s public statements and omissions created the misleading impression that taking Tesla private was subject only to Musk choosing to do so and a shareholder vote.”

The eccentric and maverick CEO responded,

This unjustified action by the SEC leaves me deeply saddened and disappointed. I have always taken action in the best interests of truth, transparency and investors. Integrity is the most important value in my life and the facts will show I never compromised this in any way.”

It is common knowledge to corporates that the exchange is the first port of call for all public releases to be openly documented for consistency and equal access. It is irrelevant whether a social media feed might be deemed as “in the spirit” of open disclosure to Musk’s personal opinions. The SEC rules are the rules. There aren’t soft interpretations. A listing requirement is to follow the rules of fair disclosure. Whether Musk was or wasn’t aware is irrelevant – as the CEO of a $50bn company he should know better or at least sought the advice from those that do.

In any event if he was true to the spirit of good corporate governance he would have the good sense to realise his position as CEO has become untenable. How the board can have confidence in him is beyond CM? The multiple senior resignations give an insight but for all of Musk’s instellar cosmic brilliance as a salesman, unfortunately laws are there to provide safety for investors. The shares are offered 13% lower in the aftermarket.

A court will ultimately decide his fate but the $420 a share with secured funding unraveled so quickly as to question his judgement.

Investors, even the die hard believers, don’t need a CEO already under the pump to be distracted anymore than he already is. It is a shame because he is undoubtedly a brilliant mind. Unfortunately that would seemingly make him feel he’s somewhat untouchable leading him to make knee jerk decisions such is what he’s been charged over.