Selangor should not cough up RM2 billion to fund the RM9.65 billion takeover of four water concessionaires as the deal amounts to a bailout of Puncak Niaga, which also owns water utility Syabas, according to an internal PKR document.
The document sighted by The Malaysian Insider is a briefing note for the party's leadership that is now debating Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim's haste in signing the water-restructuring pact with Putrajaya in February.
It showed that the Selangor agreement agreed to raise the payment for equity or profit for Puncak Niaga Bhd from RM1.07 billion in February 2013 to RM1.638 billion in March 2014.
"In the space of several months, the Selangor government had raised the profit compensation to Puncak Niaga (controlled by a personality close to Umno) by RM568 million," the document revealed, referring to company founder, Tan Sri Rozali Ismail, who was a one-time Selangor Umno treasurer.
It noted that Puncak Niaga's latest financial records for the year-ending December 31, 2012, showed the firm was in red with RM75 million, after deducting assets of RM13.4 billion and final profit of RM232.7 million from its RM13.5 billion total liabilities.
"It means that if the Puncak Niaga group was sold in the open market without any negotiations, its valuation based on its profit, assets and liabilities record would be a company without any value.
"The offer in the MoU instead gives a profit compensation up to RM1.638 billion to the Puncak Niaga group which is RM1.700 billion more than its market value based on its profit, assets and liabilities record," said the document.
But it also said that the Selangor government had cut the compensation offered to another concessionaire, SPLASH, by RM2.1 billion with an offer of just RM251 million.
"Because of that, the bigger reduction will most likely push SPLASH to reject the offer," said the document, adding that Selangor can then only hope Putrajaya would invoke Section 114 of the Water Services Industry Act (Wasia) to take over the water concessionaires' assets and determine the compensation.
It pointed out that Khalid had explained the hasty signing of the memorandum of understanding (MoU) with Putrajaya on February 26 was because of two reasons although it was not ratified by the state executive council.
The reasons are that Putrajaya did not want to delay the bond payments of the water concessionaires which were held by the federal government through convertible loans.
"This will make the Puncak Niaga group bankrupt," the document said.
The other reason was that Putrajaya wanted to speed up the Langat 2 project as its Japanese funders had threatened to pull back their loan, it added, referring to the multi-billion ringgit water-treatment plant to treat water piped from Pahang to alleviate water shortage in Selangor.
"If this was the main reason, the Selangor government is in a stronger position in the negotiations. If the federal government and Puncak Niaga harden their stand, it will be bankrupt and have a major impact on the federal government's economic record.
"All the more so the federal government's desperation in funding the Langat 2 project has made our negotiation powers stronger," the document said, adding that this would benefit Selangor citizens as the compensation payments would be less.
The document also said Khalid had admitted there were no exco papers that discussed the final contents of the MoU signed with Putrajaya.
"So, there is no approval recorded by the exco that gave the power to the menteri besar to sign the MoU on behalf of the Selangor government and the people," it said.
Selangor yesterday said it was willing to consider appeals by Puncak Niaga and Syabas for a review of the terms of the water-restructuring deal.
However, Khalid said the state would not increase its offer of RM9.65 billion to take over the four water concessionaires.
Both Puncak Niaga and Syabas are appealing to Selangor to review the terms before Putrajaya invokes Section 114 of Wasia.
"Selangor cannot increase its original offer of RM9.65 billion because any additional costs will have a negative impact on water tariffs," Khalid said.
"These additional costs will be a burden on the rakyat, especially the five million water users in Selangor, Kuala Lumpur and Putrajaya," he added.
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