Key projects exempt from forest ban

Under a $1bn climate change deal signed with Norway, Indonesia said new concessions for the conversion of natural forest and peatlands would be suspended for two years. The moratorium starts in 2011.

Preserving forests is regarded by many governments as key to slowing climate change because forests soak up vast amounts of planet-warming carbon dioxide, the main greenhouse gas.

Indonesia has huge swathes of tropical forests and large areas of carbon-rich peatland. But rapid deforestation means its forests are disappearing at a rate that has alarmed governments and green groups.

Indonesia has pledged to cut emissions by 2020 to 26 percent lower than the level if no action were taken or 41 percent lower if it is able to secure foreign funding and other assistance, such as technology.

Green groups have welcomed the proposed moratorium but Chief Economic Minister Hatta Rajasa told reporters that the ban on clearing natural forests would not apply to certain projects.

“There will be exceptions for those projects that do not use a lot of land, for example geothermal [as part of] our gas and oil interests and for projects that are part of the broader public interest, such as power plants, hydro-power plants and also reservoirs,” he said. “We must prioritise geothermal as part of our energy programme.”

Agus Purnomo, head of the secretariat of Indonesia’s National Climate Change Council, told reporters by telephone text message that renewable energy and other strategic projects would be exempted from the moratorium.

“Small-scale utilisation of forest land, a few hundred hectares or less, is allowed for renewable energy,” he said. “But we will have to ensure that the access to those projects will not encourage illegal logging nor illegal occupation of forest or peatlands.”

Norway’s $1bn contribution is contingent on Indonesia proving that it can curb the rate of deforestation and therefore reduce the amount of greenhouse gas emissions from the country.

Much of the money will be spent on preparing for and implementing pilot projects under a UN-backed forest preservation scheme called reducing emissions from deforestation and degradation (REDD).

REDD allows developing nations to earn money by not chopping down their forests or through replanting cleared or degraded forests.

Indonesia said that it would revoke existing forestry licences held by palm oil and timber firms to save natural forests.

Australia on track to meet Kyoto target

Australia, among the developed world’s top greenhouse gas polluters on a per-capita basis, generates about 80 percent of its electricity from coal.

Emissions from some sectors have soared over the past two decades, particularly power generation and transport. The government hoped an emissions trading scheme would push industry and consumers to boost energy efficiency and switch to greener power.

But that plan has been shelved because of fierce political opposition, although the laws backing greater renewable energy investment have won wider support.

The government, in a regular greenhouse gas emissions report to the UN, said emissions fell by about 13 million tonnes between 2008 and 2009.

“The latest National Greenhouse Accounts show Australia’s emissions declined for a brief period in the early part of 2009, due largely to the global economic downturn,” the Minister for Climate Change, Penny Wong, said in a statement.

Under the Kyoto Protocol, which uses 1990 as a base year, Australia must limit its greenhouse gas emissions to 108 percent of 1990 levels during the pact’s 2008-12 first commitment period. The pact binds about 40 industrialised nations to emissions targets during the 2008-12 period.

The government said annual emissions, excluding those from land use, land use change and forestry, for the four quarters to December 2009 fell 2.4 percent, or from 550 million tonnes of carbon dioxide-equivalent in 2008 to 537 million tonnes in 2009.

“However, for the most recent quarter emissions were estimated to have increased by 0.6 percent on a trend basis,” the statement said.

Australia, with a rising population and growing economy largely driven by a mining boom, is struggling to rein in the pace of its greenhouse emissions.

The government has set a target of cutting emissions by five percent from 2000 levels by 2020. But emissions from the energy sector, which includes power generation and transport, grew 43 percent between 1990 and 2009.

“These results show that we still have the challenge of reducing emissions in all sectors of the economy,” Wong said.

Australia’s Climate Institute said on Monday the country, the world’s top coal exporter, would not meet the five percent emissions cut target without a market system that puts a price on pollution.

Expanded New Zealand carbon scheme faces lean trading

Banks and brokerage firms had been hoping the New Zealand carbon market would add another profitable layer to a $125bn trade, especially given neighbour Australia’s stalled scheme and lack of support for a climate bill in the US Senate.

The New Zealand scheme began with the forestry sector in 2008 and from July draws in power generators, steel makers and transport. Combined, these sectors produce about half the nation’s total greenhouse gas emissions.

But there is no emissions cap nor any limit on the number of free carbon permits for energy-intensive companies that export their products, such as New Zealand’s largest listed company, Fletcher Building, and the country’s only aluminium smelter, owned by Rio Tinto and Sumitomo Chemical.

That, along with companies initially only having to surrender one unit for every two units of emissions, has led to accusations of some big polluters getting a free ride and that the scheme will fail to cut emissions of planet-warming gases such as carbon dioxide.

“Between the period now and at least 2012, I think you won’t find a huge market developing in New Zealand. There will be a market but it will definitely be nothing like what was originally envisaged,” said Wayne King, managing director of advisory firm Carbon Market Solutions.

King also pointed to a mandatory review of the scheme set for 2011. This was creating uncertainty and fears about yet more changes after last year’s major overhaul.

Under pressure from industry and its political allies, the government last year revised the scheme to allow all emitters between July 1, 2010 and Jan 1, 2013 to pay a fixed price of NZ$25 ($17.64) per tonne of carbon liability.

But many analysts expect prices of domestic emission permits, known as New Zealand Units (NZUs), to fall well below that level, making it highly unlikely scheme participants would be interested in buying internationally tradeable Kyoto Protocol offsets called Certified Emissions Reductions (CERs). The scheme allows polluting firms to import unlimited amounts of CERs to meet their emissions obligations.

Benchmark CER futures are trading around 11 euros ($14.63) a tonne on the European Climate Exchange.

Carbon analysts said there would be little offshore interest in the scheme.

“The delays, political wrangling and small scale of the market means it hasn’t really been something to spend much time on,” said Trevor Sikorski, BarCap’s head of carbon research, in London.

A spokesman for Nick Smith, New Zealand’s Minister of Climate Change, said it was likely prices of the units would be less than NZ$25.

Soft start
Some trade-exposed emitters will receive up to 90 percent of their allocated permits for free at a rate that declines at 1.3 percent a year from 2013, effectively providing no incentive to cut emissions for years, greens and analysts say.

Power generators and transport firms will not be given free permits. Agriculture, responsible for the other half of the nation’s greenhouse gas emissions, joins in 2015. New Zealand’s largest company is Fonterra, the world’s biggest exporter of dairy products, with annual sales of about NZ$16bn, or about seven percent of GDP.

Chief Executive Andrew Ferrier estimates the cost to his company will be NZ$25m a year from July 1 and double that from 2013.

New Zealand’s largest listed power company, Contact Energy Ltd, is similarly expecting initial costs to be about NZ$25m a year. It said it would seek to participate in the market by buying units for below the capped price.

Analysts say it’s hard to give a precise figure for demand and supply of permits in part because the government is still finalising its allocation rules for firms receiving free NZUs.

The forestry sector will also be a major source of supply because trees capture and lock away carbon as they grow. As a reward, forestry firms will be given free NZUs totalling in the millions each year, although the exact amount depends on the number of forest firms that opt into the scheme.

Here, too, uncertainty over demand from big emitters, the price forest owners will get for their NZUs and exact carbon cost liabilities for harvesting or changing the use of their land have given forest owners pause over what to do with their NZUs. Many are hanging on to them for now.

At present they can sell them domestically, or convert them into sovereign Kyoto units called Assigned Amount Units that governments with Kyoto emissions obligations can buy.

So far, there have been a few reported trades involving forestry NZUs sold as AAUs at around 6 to 8 euros a tonne.

Greenpeace called the scheme untenable and said it risked emissions rising for some energy-intensive companies because of the formula the government will use to allocate permits.

“It’s about protecting the big polluters – it’s an enormous exercise in economic protectionism,” said Greenpeace political adviser Geoff Keey.

Obama takes aim at US Infrastructure


President Obama is stumping for
the creation of a National Infrastructure Bank that would closely mirror the
system that currently exists in Europe.
Senate Bill 1926, introduced by Chris Dodd of Connecticut and Chuck
Hagel of Nebraska, would set up an independent financing entity that would be
charged with funding various road projects, provide financial relief for
local government, and could create thousands of jobs for the struggling US
economy.


Modelling the EIB

The European Infrastructure Bank (EIB) does make some
sense for the US, but there are several glaring differences that should be
considered carefully.


“It has to be understood in the context of European
arrangements,” said Alistair Milne, a professor of banking and finance at the
Cass Business School at City University in London. European organisations are not as comfortable
as American ones with selling bonds to fund infrastructure projects, Milne
explained.

Supporters claim the plan would significantly cut
federal spending by combining more than 100 programmes


“The EIB fills a bit of a gap which may not exist in
America,” he said.


Originally, Obama’s administration had planned to set
up a system that would lend money to individual states. It is hoped that a national infrastructure bank
model would allow more private capital funding for interstate projects.


The plan now includes a six-year strategy for
improving the American transportation infrastructure: rebuilding more than 150,000 miles of road,
an intercity passenger rail initiative that calls for building and maintaining
4,000 miles of track, and repairing more than 150 miles of airport
runways.  There is also a provision that
calls for more efficient air traffic control technology.


Pros and cons

The American National Infrastructure Bank would be yet
another piece of Obama’s complex US stimulus initiatives.


Supporters claim the plan would significantly cut
federal spending by combining more than 100 programmes. Because the bank model would be backed by the
federal government, there would be less risk for private investors, and it
would be much easier to raise funds for projects. Furthermore, a federal funding institution
could supplant limited local government budgets and would rise above petty
political conflicts and election cycles.
For large-scale projects like electric, water, and rail systems
construction, which usually take decades to complete and cross numerous state
lines, a federal programme could be a viable way to leverage the kind of
private capital needed to keep the US infrastructure from crumbling. A National Infrastructure Bank would also
expand the reach of many of Obama’s eco-friendly initiatives like reducing
dependence on foreign oil, lowering carbon emissions, and funding for
non-vehicular travel.


Critics of the bank model say that the plan grossly
underestimates how much money it will take to improve and expand the American
infrastructure. While the Obama
administration is calling for about $60bn, experts estimate the actual
cost of repairs will climb as high as $2.2trn. Detractors further claim that the
infrastructure bank model is redundant and wasteful. They argue that the programme would overlap
work that can be done now through programmes that already exist, such as the
Transportation Infrastructure and Finance and Innovation Act. They also caution that a banking programme,
if it fails, could plunge US taxpayers further into debt and kill the still
delicate US economy. These detractors
point to the more than $150bn taxpayer dollars that went to Fannie Mae
and Freddie Mac to help them remain solvent after the US housing market
collapsed.

The new new urbanism

Stan Gale is exultant. The chairman of Gale International yanks off his tie, hitches up his pants, and mops the sweat and floppy hair from his brow. He’s beaming like a proud new papa, sprung from the waiting room and handing out cigars to whoever happens by. Beckoning me to follow, he saunters across eight lanes of traffic toward his baby, delivered prematurely days before.

Ten years ago, Gale was a builder and flipper of office parks who would eventually become known for knocking down the Boston landmark Filene’s Basement and replacing it with a hole in the ground. But Gale’s fate began to change in 2001 with a phone call from South Korea. The Korean government had found his firm on the Internet and made an offer everyone else had refused. The brief: Gale would borrow $35bn from Korea’s banks and its biggest steel company, and use the money to build from scratch a city the size of downtown Boston, only taller and denser, on a muddy man-made island in the Yellow Sea. When Gale arrived to see the site, it was miles of open water. He signed anyway.

New Songdo City won’t be finished until 2015 at least, but in August, Gale cut the ribbon on the 100-acre “Central Park” modelled, like so much of the city, on Manhattan’s. Climbing on all sides will be a mix of low-rises and sleek spires, condos, offices, even South Korea’s tallest building, the 1,001-foot Northeast Asia Trade Tower. Strolling along the park’s canal, we hear cicadas buzzing, saws whining, and pile drivers pounding down to bedrock. I ask whether he’s stocked the canal with fish yet. “It’s four days old!” he splutters, forgetting he isn’t supposed to rest until the seventh.

As far as playing God (or SimCity) goes, New Songdo is the most ambitious instant city since Brasília 50 years ago. Brasília, of course, was an instant disaster: grandiose, monstrously overscale, and immediately encircled by slums. New Songdo has to be better because there’s a lot more riding on it than whether Gale can repay his loans. It has been hailed since conception as the experimental prototype community of tomorrow. A green city, it was LEED-certified from the get-go, designed to emit a third of the greenhouse gases of a typical metropolis its size (about 300,000 people during the day). It’s an “international business district” and an “aerotropolis” – a Western-oriented city more focused on the airport and China beyond than on Seoul. And it’s supposed to be a “smart city,” studded with chips talking to one another, designated as such years before IBM found its “Smarter Planet” religion.

Being seriously ahead of the curve explains why Gale had such a hard time finding a tech partner to bring this dream to fruition. First in line was LG, one of Korea’s homegrown conglomerates. None of its ideas had made it past the prototype stage. Next up was Microsoft, which signed a deal giving it carte blanche to mold the city in its image. “Designing an entirely new city from the ground up provides a unique opportunity to create an ideal technological infrastructure,” Bill Gates boasted. But before he could even measure for drapes, Gale decided a plumber would be a better fit and threw Microsoft over for Cisco.

Last spring, the networking giant became New Songdo’s exclusive supplier of digital plumbing. More than simply installing routers and switches – or even something so banal as citywide Wi-Fi – Cisco is expected to wire every square inch of the city with synapses. From the trunk lines running beneath the streets to the filaments branching through every wall and fixture, it promises this city will “run on information.” Cisco’s control room will be New Songdo’s brain stem.

And that’s just the beginning. No longer content to sell just plumbing, the company is teaming up with Gale, 3M, United Technologies (UTC), and the architects of Kohn Pedersen Fox(KPF) to enter the instant∞city business. At a Cisco event near New Songdo last summer, Gale stunned the room by announcing plans to eventually roll out 20 new cities across China and India, using New Songdo as a template. In the spirit of Moore’s Law, he says, each will be done faster, better, cheaper, year after year.

Cisco calls this Smart+Connected Communities initiative a potential $30bn opportunity, a number based not only on the revenues from installation of the basic infrastructure but also on selling the consumer-facing hardware as well as the services layered on top of that hardware. Picture a Cisco-built digital infrastructure wired to Cisco’s TelePresence videoconferencing screens mounted in every home and office, with engineers listening, learning, and releasing new Cisco-branded bandwidth-hungry services in exchange for modest monthly fees. You’ve heard of software as a service? Well, Cisco intends to offer cities as a service, bundling urban necessities – water, power, traffic, telephony – into a single, Internet∞enabled utility, taking a little extra off the top of every resident’s bill.

“We have the hardware in place and what we need now is the software,” Gale beseeched the Cisco execs in New Songdo. “It’s going to be a cool city, a smart city. We start from here and then we are going to build 20 new cities like this one, using this blueprint. Green! Growth! Export!” Jaws dropped. “China alone needs 500 cities the size of New Songdo,” Gale tells me. And he has already done the deal to build the next two.

China doesn’t need cool, green, smart cities. It needs cities, period – 500 New Songdos at the very least. One hundred of those will each house a million or more transplanted peasants. In fact, while humanity has been building cities for 9,000 years, that was apparently just a warm∞up for the next 40. As of now, we’re officially an urban species. More than half of us – 3.3 billion people – live in a city. Our numbers are projected to nearly double by 2050, adding roughly a New Songdo a day; the United Nations predicts the vast majority will flood smaller cities in Africa and Asia.

“Cities are becoming unsettled,” warns Saskia Sassen, the Columbia University sociologist who’s the leading expert on cities’ collision with globalisation. “They will be the sites of new wars – wars for water, for a clean environment, and not to mention room for some 700 million people displaced by climate change.” Sociologist Mike Davis prophesied in his apocalyptic Planet of Slums that “the cities of the future, rather than being made out of glass and steel . . . [will be] instead largely constructed out of crude brick, straw, recycled plastic, cement blocks, and scrap wood.” In many places, they already are.

It was this crushing demographic trend that drew Cisco into the instant-city business. Gale first approached Cisco CEO John Chambers five years ago, “but we weren’t ready,” says Wim Elfrink, Cisco’s chief globalisation officer. It wasn’t until 2006, after former President Bill Clinton challenged the company to act on climate change, that it started thinking of building smarter cities. “Now,” Elfrink says, “we’re in catch-up mode.” Two years ago, Saudi Arabia’s King Abdullah bin Abdulaziz charged Cisco with helping to plan four new cities around the country, at a total cost of $70bn. The aim was to establish a Saudi Silicon Valley, one designed to create a million-plus jobs and increase non-oil GDP by almost 50 percent in barely a decade. These “economic cities” were explicitly intended to house and employ nearly half of the 10 million Saudis under the age of 17 – a largely uneducated workforce described as a “human time bomb.” Cisco’s job, improbable as it may seem, was to help defuse it. The first of these cities began opening last year, but none are as far
along as New Songdo.

While the developing world wrestles with its impending population boom, the entire world is confronting an explosion of another sort: climate change. The battle against global warming will be fought in city streets. The world’s 20 largest megacities consume a staggering 75 percent of its energy. Buildings alone contribute 15 percent of all greenhouse gases, more than all forms of transportation combined (13.5 percent). Barring simultaneous breakthroughs in a raft of clean technologies – including solar cells, biofuels, and batteries – the fastest way to shrink cities’ carbon footprints is through conservation and efficiency. Unlike Walmart, which has a real-time glimpse into every store, truck, and warehouse in its system, cities are nearly impossible to parse. But hook them up to the right mix of sensors and software, the thinking goes, and who knows what efficiencies might suddenly be revealed? When buildings, power lines, gas lines, roadways, cell phones, residential systems, and so on are able to talk to one another, that information can expose patterns of waste and ways to avoid it. Just as wiring corporations made them leaner and meaner, wiring cities may be one way to tease efficiency out of dumb networks like the power grid.

For the last year, it’s been impossible to watch a football game without being exhorted by IBM to “build a smarter planet.” And it’s true that even a relatively simple retrofit of existing cities can make a substantial dent in emissions. In Stockholm, a high-tech congestion-pricing scheme that IBM helped implement has increased tax revenue by $80m while reducing traffic and CO2 by 18 percent. An IBM smart-grid test in Washington State concluded peak loads might be trimmed enough nationwide to eliminate the need for 30 coal-fired power plants over 20 years.

“Everything can be connected and everything can be green,” promises Elfrink, who calculates that in addition to creating millions of jobs, smartening up cities could reduce emissions worldwide by 15 percent over the next decade, saving a ton of CO2 per person and nearly a trillion dollars. The smart-grid market alone “may be bigger than the whole Internet,” Chambers has said.

While IBM has so far focused on the gnarly and necessary task of retrofitting existing cities, Cisco has taken the idea a monumental step further by building new ones from the mud up. Cisco has already demonstrated how its technology could be used to orchestrate the energy use in New Songdo’s buildings, dialing up and down the heat, lights, and electricity. Its next step, Elfrink says, will be to create a sort of urban operating system, and then to identify and create services that try to streamline everything from health care to education to traffic to shopping. Cisco and Gale will take a slice of every transaction that runs through their software.

That Cisco is staking so much on a mudflat in the Yellow Sea is a reflection of Chambers’s grand plan to move beyond the sale of routers and switches. His lieutenants are busy chasing as many as 30 different billion-dollar opportunities, or what he calls “adjacencies.” New Songdo is where several of them intersect. “We used to be a plumber,” Chambers tells me at Bill Clinton’s latest confab in New York. “And we were proud to be a plumber. It’s a very honorable profession and we made a lot of money doing it.

“But now we’ve moved from plumbing to being the platform for innovation. And instead of taking the typical approach that most high-tech companies do, which is to sell stand-alone products and maybe think about how they tie together,” Cisco is “filling a void in the industry, where we’re providing both the technology architecture” and the vision to governments for “how you use this technology to change societies.”

Just a few years ago, smart cities were seen as Blade Runner or Minority Report warmed over. Whatever guises they took – from “digital homes” to “ubiquitous computing” – it seemed no one really wanted the questionable convenience of videophones or Internet-enabled fridges.

“It’s more pragmatic now, because the overriding agenda is sustainability,” Elfrink insists over breakfast in New Songdo last August. Fluting in a pronounced Dutch accent, Elfrink, in town for the opening of the Incheon Global Fair & Festival, an ersatz expo held in New Songdo’s honour, is comfortable switching from anthropology to technical minutiae in midsentence. He spearheads strategy for Cisco from the company’s Bangalore campus and also runs its $7bn services unit. “I was a keynote speaker at the United Nations Habitat conference in Delhi a few weeks ago,” he says. “They fought urbanisation for years, because they thought they should slow it down. But you can’t stop it. It’s not a curse-it’s an opportunity.”

It certainly looks like an opportunity if you’re a technology company. A flurry of white papers has been issued by the likes of HP, Autodesk, Oracle, and Cisco on topics including “Digital Cities,” “City 2.0,” “Intelligent Urbanisation,” and even a “Central Nervous System for the Earth.” The market is so new that no one can pinpoint the exact size of what’s at stake. The best guess, offered by the research firm IDC, pegs the smart-infrastructure business at $122bn over the next two years. A better answer may be: “How much have you got?” Governments are looking to cash $3trn in stimulus checks, and behind that comes an estimated $35trn in global infrastructure spending over the next two decades.

The near∞term strategy of tech firms appears to be, to tap available pools of stimulus funds to pilot a smart grid here and a smart sewer there. Sooner or later, someone will need to pull it all together, and that means wiring cities from the ground up.

IBM has chosen the unlikely venue of Dubuque, Iowa (population: 60,000), for its prototype, which is consistent with its more limited approach of retooling established cities, mostly in the West. Cisco is hoping to prove its model by embedding its technology in instant cities across the developing world. In addition to King Abdullah’s, there is Qatar’s Energy City and India’s Gujarat International Finance Tec-City, known by the all-too-appropriate acronym, GIFT. Six others are already planned. Elfrink estimates that at least $500bn will be earmarked for instant cities over the next decade, with $10bn to $15bn allotted for network plumbing alone. Cisco hopes to pocket another $15bn from the services running atop these systems, marketed to residents and mayors alike, starting with smart grids and meters. “The first phase will be very simple,” he says, “because people will spend money to save money.”

Cisco itself has spent a great deal of money acquiring the tools it hopes will lock in first-mover advantage. What is now Smart+ Connected Communities was announced a year ago following the purchase of Richards-Zeta Building Intelligence, whose software links buildings over the Internet, for an undisclosed sum. The cities-as-a-service piece was added through an investment in an Australian startup called Majitek. Together, they will integrate the babel of proprietary systems created by the likes of Honeywell, UTC, and Johnson Controls to heat, cool, and power modern office blocks.

And if Cisco’s $3.4bn bid for Tandberg goes through, it will instantly propel Cisco to No. 1 in the videoconferencing market, pairing Tandberg’s desktop screens with Cisco’s room-size TelePresence models and possibly the set-top boxes from its $7bn purchase of Scientific Atlanta. In the meantime, Elfrink and his deputies have wooed mayors, recruited experts, courted governments, and worked alongside KPF’s architects, 3M’s scientists, and UTC’s engineers to marry new energy-efficient materials and technologies with the urban Internet he envisions.

In announcing Cisco’s strategy, Chambers declared, “The network has become the next utility.” The metaphor is telling. Utilities are often natural monopolies, profiting endlessly from captive markets. Smart cities hold a similar fascination for Cisco, as places where basic services such as water or power might be repackaged as value-added products, throwing off lucrative consulting contracts essentially forever.

Elfrink and Cisco’s official mission in New Songdo is sustainability– “from a social, environmental, and business point of view.” But on the ground last summer, Elfrink was audibly more excited by the prospect of a Boston-size sandbox for TelePresence, Cisco’s fastest-growing business. On opening day of the Incheon fair, he cuts the ribbon on his company’s pavilion with great fanfare, ushering guests inside for a glimpse of what’s to come. Although a few demos dutifully depict turning down the entire city’s thermostat, the two-way video screens are the stars of the show. In one scene, actors posing as doctor and patient conduct a dramatised remote checkup. “The killer app,” Elfrink tells me, “will be TelePresence. If you want to talk to your neighbours or book a table at a restaurant, you can do it via TelePresence.” Or you can attend class at New Songdo’s International School. Or practice yoga with your yogi. Or work from home, as Elfrink often does in Bangalore.

It’s hard to see what any of this has to do with sustainability, unless your plan to shrink your carbon footprint is to never leave your house. Seen from Cisco’s perspective, however, it’s all kinds of green. Installing screens and smart appliances in every home and office all but guarantees demand for the fattest pipes and biggest switches, and establishes Cisco as the gatekeeper between that underlying plumbing and every service built on top.

Cisco and Gale will own the core of New Songdo’s consumer and metropolitan services, inviting third∞party developers to fill in the gaps in exchange for a slice of each transaction – think Apple’s App Store for homes and cities. Imagine a wall-mounted flat screen, crowded with TelePresence calls, smart-meter readouts, and whatever else Cisco has to offer. How does $5 a month for a daily consultation from your toilet sound? “I would love to have nutritional advice first thing in the morning,” Elfrink says earnestly. “Is TelePresence going to be the next iPhone? I don’t know, but you can dream that big.”

In this way, Cisco seems to be moving beyond smart cities’ sustainability mission and into something close to social engineering. Ironically, this souped-up vision is what a smart city used to mean – and why no one wanted to live in one. People weren’t interested in appliances talking amongst themselves, and they didn’t want to run the risk of their houses needing a reboot. Tech executives called their disinterest a failure of “education” rather than a display of customers’ common sense. Cisco hopes to get around this problem in New Songdo by eventually installing TelePresence in every apartment whether residents want it or not. The assumption is that folks will quickly learn to love it. Build it, apparently, and they will come.

“The money pumped into economies under the guise of recovery packages, that’s the opportunity they’re trying to seize,” says Andrea Di Maio, a Gartner public-sector analyst. Di Maio skeptically notes that none of these would-be master builders have developed new technologies from scratch. Instead they’re bolting together what they have on hand and calculating the carbon savings that result. “Scratch the surface, and you start to wonder just how coherent this strategy really is,” he says.

“Cities are highly complex systems, and one of the elements of highly complex systems is that when you monkey around with them, their predictability goes to zero,” says Pip Coburn, a technology analyst whose book The Change Function argues that the reason so many technologies fail is because the pain of changing old habits outweighs any benefits. And when it comes to something as complex as cities, he says forget it. “If you’re trying in advance to define a future city, you’re out of your mind. You’ll spend years and money disrupting people’s lives.”

It would be one thing if New Songdo were a one-off experiment, but Gale has assembled his dream team of architects and technologists with an eye toward cracking the code of urbanism itself. “There’s a pattern here, repeatable,” he tells me. He won’t be content until he can standardise and mass-produce his cities in half the time for China. Indeed, New Songdo’s first clone will break ground this year on the outskirts of Changsha, a provincial capital larger than Singapore.

The Meixi Lake District will be larger than New Songdo and just as dense, smart, and green – and eerily familiar. This and every subsequent city will be standardised around Gale’s partners’ products: the same light fixtures, traffic signals, elevators, fuel cells, central air-conditioners – and TelePresence screens. The scope of his ambitions dovetails neatly with Cisco’s. “We’re trying to replicate cities,” Elfrink says bluntly, but “we have no standards. Every city is a new project, a new process, a new interface,” he continues, marvelling at the inefficiency. “You shouldn’t spend time on an elevator. You shouldn’t spend time on lighting.”

Gale’s timetable is, if anything, too slow for Elfrink, who expects to sign deals with an additional half-dozen municipalities this year. “We want to create an ecosystem of partners who standardize the things that can be standardized, and then spend their energy on customization. Because a city in Korea has a different social dynamic than a city in China, or a city in Brazil.”

It’s true that Korea is different, which is why Cisco chose New Songdo as its test bed. Korea has always been a ravenous adopter of technology – it has had smartphones, social networks, and universal broadband for nearly a decade. But the country is also something of a boneyard for big ideas that never quite caught on, including smart cities that look pretty dumb in retrospect.

“It’s quality of life as a service,” complains Adam Greenfield, the head of user-interface design for Nokia and the author of Everyware, a 1995 thesis for ubiquitous computing. “Everything we think of as organic and emergent in cities is absent. In Korea, everything is just dropped onto a map. They clear out a rice paddy and suddenly it looks like the Upper West Side.”

Take Tomorrow City, an $82m showcase for the abandoned “U-Life” demos by Gale’s original partner, LG. On my last day in New Songdo, I enter the place just as Elfrink is leaving with a pack of customers in tow. Tomorrow City is the Ghost of Smarter City Past – the product of a vision in which the uses for a given technology are concocted in a lab or a marketing department and pushed down onto consumers. In this (now frozen) vision, our U-Lives will boast U-Galleries for our art collections and U-Libraries with wall-size screens; U-Health confirms we’re getting fat and recommends a U-Workout on the treadmill; after a shower, U-Beauty grafts our faces onto the heads of Korean teenagers and suggests a new hairstyle for the day; our U-Closets propose outfits for the office.

Smarter-city flaneurs such as Nokia’s Greenfield or Carlo Ratti, who directs MIT’s Senseable City Lab, doubt anyone will ever be able to dictate a killer app for cities. Even in the incubators Cisco is building across the Arabian Peninsula and China, the inhabitants are likely to have their own ideas for the uses of things.

Greenfield envisions three scenarios for Cisco’s smart cities, including New Songdo. “One, you install the screens and nobody uses them, ever – people are set in their ways and the technology dies from disinterest. Two, there’s some initial uptake, but because you designed the system so rigidly, they give up. Three, the best case is that people take it up in some way that it is enormously successful, but it has nothing at all to do with what the planners and strategists ever imagined.”

© Copyright 2010 Mansueto Ventures LLC, as First Published in Fast Company Magazine. Distributed by Tribune
Media Services.

Australian cities must transform for population growth

In another city, Australians live on floating island pods with apartments both below and above sea level, the population has shifted from land to the sea because of the sky-rocketing value of disappearing arable land.

Climate change has also forced many Australians to move inland and create new cities in the outback, relying on solar power to exist in the inhospitable interior.

These are just a few urban scenarios by some of Australia’s leading architects shortlisted for “Ideas for Australian Cities 2050+” to be staged at this year’s Venice Architecture Biennale.

While these images may sound like science fiction, many architects and demographers say Australian cities must radically transform to cope with the pressures of population growth and climate change or face social unrest and urban decay.

“If we don’t get this right … all hell breaks loose, or our cities break down, there’s not enough water, there’s not enough power,” said one of Australia’s leading demographers Bernard Salt.

Australia survived the global financial crisis, due largely to China buying its resources, and while resource exports will continue to bolster its economy for decades, future prosperity may be threatened by a growing, ageing population, according to an Australian government report released in February.

The report said Australia’s population was set to rise by 60 percent to 35 million by 2050, mainly through migration, yet cities are already groaning under the present population.

“One of the major frontier issues for Australia over the next decade will be the future of our cities,” said Heather Ridout, chief executive of the Australian Industry Group, which is calling for major infrastructure investment in cities.

Among the beneficiaries of such development would be property firms like Lend Lease, Stockland and Mirvac Group, building material groups Boral Ltd and CSR, Australia’s top engineering contractor Leighton Holding Ltd, and the country’s biggest private hospital operator, Ramsay Health.

But demographers warn that Australian cities need to not only expand infrastructure, but ensure future residents have equal access to city facilities.

Racial riots at Sydney’s Cronulla beach in 2005 and a series of attacks against Indian students in the past year are signs of growing social tensions in Australian cities, say demographers.

“If we have a rising population, we need to make sure that we have appropriate infrastructure, so that we don’t lose the social cohesion that we take for granted,” said Larissa Brown from the Centre for Sustainable Leadership. “We need affordable access to housing, to transport, to healthcare.”

While Australia is double the size of Europe, three-quarters of the country is sparsely populated countryside or harsh outback, leaving the bulk of the population to inhabit a thin strip down the southeast coast. In fact, around 50 percent of the population live in the three largest cities – Sydney, Melbourne and Brisbane – on a combined land area that is about the size of Brunei or Trinidad & Tobago.

Transport key to future cities
Australia’s post-World War Two sprawling suburbia is under strain due to inadequate transport and public facilities.

“We’re at risk of seeing increasingly dysfunctional cities … we’re starting to see sort of fragmentation and breakdown of the transport systems and increasing frustration for the residents of those cities trying to get around,” said Jago Dodson, urban researcher at Griffth University.

A State of Cities 2010 report released in March said Australia’s major cities contribute neary 80 percent of GDP, but warned that worsening urban congestion would have a serious negative impact on economic growth if not addressed.

The Bureau of Infrastructure, Transport and Regional Economics estimates the cost of road congestion for the Australian cities was about $9.4bn for 2005. Left unchecked, this is projected to rise to $20bn by 2020.

“Urban congestion contributes to traffic delays, increased greenhouse gas emissions, higher vehicle running costs and more accidents,” said Infrastructure Minister Anthony Albanese.

“It is a tragedy that many parents spend more time travelling to and from work, than at home with their kids. Relieve urban congestion and we improve our quality of life as well as our productivity,” said Albanese.

In February, a 10-year, $50bn transport blueprint was announced for Sydney which will see a new heavy rail network, 1,000 new buses and possibly a fast train linking Sydney with the port city of Newcastle, to its north.

Sydney, Australia’s biggest city, is daily gridlocked, forcing a motorist who travels 22 km a day to spend three days stuck in traffic each year.

Private transport currently accounts for about 90 percent of urban journeys in Australia and Transurban Group, which operates the nation’s major tollways, believes car usage will continue to rise, despite a move to public transport.

“Despite concern about climate change, road use in our cities is predicted to grow significantly in the next 20 to 30 years,” said Transurban in a 2009 sustainability report.

“New road projects will increasingly be part of integrated transport solutions for entire cities or transport corridors.”

But the company warned future road projects will cost more to build and develop due to climate change, with Australia’s government seeking to introduce a carbon emissions trading scheme and pre-approval analysis of climate impacts of new projects.

Prime Minister Kevin Rudd’s government plans to invest $36bn in transport infrastructure in the next five years.

Improving efficiency in energy and transport infrastructure could increase GDP by nearly two percent, or the equivalent of $75bn, says Australia’s Productivity Commission.

Shape of cities to change
Australia has one of the world’s highest home ownership rates, but the generational dream of a suburban home and garden looks set to be shattered.

Over the next few decades, more Australians will be living in high-density housing, what some demographers call the ‘Manhattanisation’ of cities.

A new Sydney urban plan released in February calls for 700,000 new dwellings by 2036, with 70 percent of development to occur within existing suburbs and only 30 percent in new suburbs.

If Sydney does not consolidate, the city would need to expand 1.5 times in size to accommodate its growing population and would run out of available land within 30 years, said the New South Wales (NSW) state government plan.

Demographer Salt questions whether Australians will give up the “Neighbours” dream, citing the worldwide TV hit about life in a suburban Australian street. “Neighbours…is absolutely integral to the Australian psyche,” said Salt, a partner at KPMG.

Whether Sydney adopts a Manhattan or low-rise European urban plan, a rising population will put more pressure on housing stock. Australia already has one of the most expensive house prices in the world and housing affordability is falling.

The Commonwealth Bank’s CommSec forecasts housing prices, which rose 12 percent in 2009, will rise by 8-10 percent in 2010 due to a rising population and a lack of stock.

“For investors, rising rents and home prices is an attractive combination,” said CommSec’s chief economist James Craig.

Leightons forecasts annual growth in residential construction of six percent through to 2014. Mirvac, one of the country’s top apartment construction firms, also forecasts growth, citing $759m worth of exchanged contracts, focusing on large-scale projects which are transforming old industrial sites in Sydney.

Sustainable future cities
Australia has an inhospitable interior forcing more than a quarter of its 20 million people to live in the southeast corner, where the two biggest cities and jobs are located.

The projected population increase will impact heavily on Australia’s fragile environment and require urban planning to ensure future cities are environmentally sustainable.

Australians have the biggest houses in the worlds, nicknamed McMansions, and demographers say homes may need to be retro-fitted with water tanks and solar panels to make cities more sustainable and reduce their environmental footprint.

Between 1998 and 2004 Sydney’s environmental footprint grew from 6.67 to 7.21 hectares per person, but some Australians warn there is a limit to the country’s population carrying capacity.

“A bigger Australia doesn’t mean deeper soils, it doesn’t mean larger river flows, it doesn’t mean more rainfall. We’re only bigger in one sense – the increase in the total number of humans crammed into the narrow coastal strip,” said Bob Carr, former New South Wales state premier.

Sydney this month began pumping desalinated ocean water to supplement its drinking water supplies which are frequently threatened by drought. The plant will generate 250 million litres of water a day or around 15 percent of Sydney’s water supply.

Almost every major Australian city has a desalination plant pumping or under construction.

“Water’s going to be critical to the future of Australia, perhaps more than anything else,” said Mike Young from the Environment Institute at Adelaide University.

Australia has one of the world’s highest greenhouse gas emissions rates per capita, with about 80 percent of electricity generated by coal-fired power stations.

Australia’s expanding population means it will need to produce 50 percent more power over the next 20 years, say energy experts, adding a scarcity of water may stifle urban growth by threatening future power supplies as Australia’s coal-fired power generators are driven by steam and cooled by water.

Climate change will necessitate a change in Australia’s urban design, said the “Transforming Australian Cities” report in 2009.

In January 2009, just prior to Australia’s most deadly bushfires which killed 173 people, a heatwave in Melbourne resulted in blackouts as power supplies failed and bushfires threatened to cut power to the entire city.

Melbourne’s rail system, designed for cooler conditions, overheated and failed, and water consumption trebled with the city’s water storage at only 33 percent capacity.

“On a daily basis we are witnessing the failure and short comings of these traditional systems,” said the report.

“Existing urban settlements and infrastructure are increasingly vulnerable and will need to be protected against these events. Compact cities with high densities are emerging as the most robust in the challenges posed by climate change. They are capable of operating on lower consumption.”

Strategically responsible to stakeholders

Corporate Social Responsibility is a crucial element of how business is carried out within KBC, and it permeates every business unit in a pertinent manner. Management is in charge of ensuring a successful combination of a long term vision of leadership and operational know-how at the various operational units. In the past years, KBC was able to build a successful monitoring and a concise overview of the degree to which CSR related policies are implemented throughout the Group. The clear determination of Key Performance Indicators in the interface with KBC domains of activities has allowed the Group to identify its domains of action in relation to stakeholders. KBC aims through its activities to contribute to the economic, social and ecological advancement of the communities it serves.

KBC’s business strategy relies on a set of principles, which are embedded in its Code of Conduct and which model its responsible behaviour:

• Fairness
• Reasonableness
• Openness
• Transparency
• Discretion
• Privacy Insurance

KBC gets inspiration from its principles to deal with its stakeholders:

Customers
KBC’s responsible vision provides a clear framework to devise a group strategy to meet its customers’ borrowing requirements at reasonable, market-conform rates, which compensate it for risks linked to its financial products. Before granting any credit, KBC rolls out a preliminary analysis which is not solely focused on purely financial and economic aspects of the credit but also on relevant social and ecological parameters. In order to ensure the broadest range of investment preferences, KBC develops investment products with diverse risk profiles and features a broad range of Sustainable Responsible Investments, which incorporate ethical investment principles. As part of this strategy, KBC Asset management has set up its own research team to screen, according to sustainability standards the companies present in its portfolio while being assisted by an ad-hoc External Advisory Board in charge of providing support to the screening dynamics. In December 2008, KBC concluded the calendar year with a great nomination, shared with other 203 responsible companies worldwide, as the Group was praised for “Realising Rights and Business” by the Human Rights Resource centre” an independent non-governmental organisation engaged in promoting awareness of business and human rights. The recognition came from Mary Robinson, former UN High Commissioner for Human Rights and currently President of “Realising Rights: the Ethical Globalisation Initiative”.

Personnel
KBC’s workforce can rely on a working environment characterised by equal opportunities and zero tolerance towards discrimination. KBC believes in forging a long lasting working relationship achieved through the provision of the right balance between the individual’s professional commitment, which contributes to the company’s capabilities and his or her personal development in the broadest sense of the word. This is achieved at group level: through a competitive pay package coupled with a caring touch when problems arise, the provision of flexible working arrangements, employee’s mobility plans and social schemes. KBC makes available to its employees an extensive range of opportunities for development, giving them the possibility to choose from a number of integrated types of training which complement and reinforce each other (conventional learning, individual study, e∞learning, learning on the job and mentoring opportunities). KBC believes in a human resources approach which can match the concept of a high quality management, while boosting open dialogue and corporate culture. A 360º appraisal system is in place at Group level, following the belief that this approach is essential to the creation of competitive development opportunities for our young “potential”. A good social dialogue is at the basic building block of KBC corporate culture and for this reason, a cohesive information flow is always made available through internal communication channels. KBC works very closely with Trade Unions, holding monthly talks with the works council and its committees, and consulting with the health and safety committees and union representatives.

Environment
KBC applies a rational use of resource principle in all of its actions and covering all of the relevant aspects. KBC endorses sustainable building principles and is particularly careful to the organisation of the work stations of its employees, in order to combine emission savings and motivation boosting for its workforce. Such balanced synergies are also applied to the relevant expectations from its suppliers of services and products. Environmental risks are also part of the account credit and insurance policies development as KBC Group adopted the Equator Principles since 2004.

The KBC group environmental strategy was developed with the help and support of ARGUS, an independent Belgian not-for-profit organisation created in 1970 with the support of KBC and later (in 2006) also endorsed by CERA (a Belgian Financial cooperative and core shareholder of KBC). ARGUS aims to inform and motivate the community to apply environmentally friendly solutions to their lives and work. In order to do this, ARGUS takes many different initiatives, often also in collaboration with many local partners. Within the framework of KBC Autolease, its leasing cars concept, fleet managers have the possibility to purchase ‘CO2 certificates’ to compensate for the CO2 emissions generated by the cars in their fleet. As part of a special collaboration with ARGUS, the money raised from the certificates is used by ARGUS Climate Fund towards reforestation projects managed by third parties. The off-setting occurs through VER (Verified Emission Reductions) investments in climate projects in third world countries.

Global communities
KBC’s true essence as a responsible citizen is even more perceived in its direct actions towards the local community around it. As such, KBC supports and sponsors associations and organisations that are intertwined in the local texture, in order to make sure that it can act as reference point to the community. “Speaking the same language” is the motto behind the community involvement strategy at KBC. Its approach is so successful due to the ability to rightly assess the needs and matching them with the right partners and resources needed to find sustainable opportunities for all. KBC recalls its employees how much it values its role as a sustainable employee also within society, as it carefully listens to the different activities they are involved in, to find and form new alliances and cement new partnerships while backing up projects already chosen by its workforce.

KBC also goes beyond the local community calls by looking at needs of far∞away communities in various Less Developed Countries (LDCs) through its microfinance commitment, stemming from its long lasting cooperation with BRS (Belgian Raiffeisen Foundation). As one of the main sponsors of BRS, KBC is actively involved, through an informal group of staff, in various international microfinance and micro insurance projects. As part of the “Employee Involvement Programme KBCBRS” those employees who choose it can devote part of their time to work on international microfinance projects. The active members of the “KBC steunt BRS” support group meet regularly to discuss and plan with BRS representatives the monthly needs and future targets.

Further information: Flavia Micilotta, CSR Communication Officer, KBC Group, flavia.micilotta@kbc.com, www.kbc.com

Fraudulent trader to clear name

Ross Mandell, former head of Sky Capital Holdings, was indicted in July
2009 on charges he and five others defrauded investors in a scheme US
prosecutors claim pressured people to buy stock from what they called a
“trans-Atlantic boiler room” with operations in London and New York.

Released on $5m bail, the 53-year-old Mandell faces up to 25 years in prison, if found guilty.

Mandell
has yet to secure a television deal for his show, but insists he has
“serious interest” from TV networks. Eager to prove he’s got a hot story
and a cast of intriguing characters, including his wife and his mixed
martial arts buddies, Mandell has already begun filming.

“This is not about money for me,” Mandell said in explaining his rationale for the show, tentatively titled “Facing Life.”

“This is about facing the public, clearing my name and the legacy of my wife and children,” he said.

He also wants to humanise himself.

“People
think that I’m a beast, that I’m an animal,” he told reporters. “I’m
not…I’m a loving human being, I’m a sober man, I’m God-fearing and a
member of Alcoholics Anonymous.”

If he gets a TV show, Mandell
would be among a growing number of people who have sought redemption on
prime-time TV after getting in trouble with the law.

Following
his impeachment, former Illinois Governor Rod Blagojevich appeared on
NBC’s “Celebrity Apprentice.” NFL football star Michael Vick, convicted
of animal cruelty, was on the BET network with a show, “The Michael Vick
Project,” in an attempt to reveal his softer side that included scenes
of him volunteering at an animal shelter.

Mandell, who lives in
Boca Raton, Florida, claims he was set up by the US government because
of his work helping bring US companies to the London Stock Exchange.

“I took the business from them, that’s why I’m being targeted now,” Mandell said.

And,
like the boxer he is in his spare time, Mandell refuses to go down
without a fight. “I’d rather die on my feet than live on my knees,” he
said.

Internet companies voice alarm

The draft, due to be approved next month, would make Internet Service Providers (ISPs) like Fastweb and Telecom Italia, and Web sites like Google’s YouTube, responsible for monitoring TV content on their pages, industry experts say.

It comes as Google’s YouTube unit is engaged in a legal battle with Mediaset, controlled by Prime Minister Silvio Berlusconi. Italy’s largest media group wants 500 million euros in damages from YouTube for copyright infringement.

“As it is written at the moment … the law would certainly help Mediaset in the procedure it has open against Google,” Paolo Nuti, president of the Italian Internet Providers Association, told reporters. However, he said he did not think the law was written expressly for this purpose.

The proposed regulations would make internet sites as liable as television stations for their content and subject to hefty fines by the AGCOM media watchdog, according to a 33-page draft.

“If this happens it would sweep away Internet 2.0,” Nuti said. “It would transform internet platforms into judges or tribunals.”

Italy’s parliament, which is holding consultations with civil groups and internet associations, is due to present a non-binding opinion to Silvio Berlusconi’s government by early February. The draft decree only requires presidential approval.

Raffaele Nardacchione, director of the Asstel association of telecommunications providers which represents ISPs like Fastweb and Tiscali, said the decree far exceeded the terms of the original European directive by extending the definition of audiovisual media to Internet firms and by tightening copyright.

Marco Pancini, senior European public policy counsel for Google, said that if the decree remained unchanged it would materially affect the company’s business in Italy.

“The first step is to discuss this with Italian authorities to try to find a solution and we think this is do-able,” he told reporters. “The next step, if the law stays as it is, is going to be to discuss this with the European authorities.”

Commission could investigate
EU sources told reporters on Tuesday the Commission could open an investigation into the decree for infringing EU norms.

Even the head of AGCOM, Corrado Calabro, told reporters on the sidelines of a parliamentary hearing on Tuesday the decree should be revised because it would “deform” the EU directive.

The draft legislation has also raised criticism from freedom of speech groups like Italy’s Article 21, which said in a statement the decree “deviously attacks the freedom to operate on the Web” and would “block any possibility of modern development of the country”.

Italy has one of the lowest rates of ADSL Internet usage in western Europe, according to the European Commission’s 2009 Information Society Report. E-commerce is also struggling. Only around 10 percent of Italians buy online compared with around 55 percent of Britons and Germans.

Industry officials warned the new decree would postpone the development of the web even further.

“Any internet company will make investments where the legislative system is economical and the opportunities for investment are greatest,” said Nuti.

Developing solutions for energy SMEs

The heady days of oil at $147 a barrel will now seem a distant memory for many small to mid-cap oil and gas companies. An increasing number of them face rising payments to service debt facilities taken on during the boom to fund ambitious growth strategies or, indeed, the need to pay down debt facilities as the value of the collateral for such facilities – the cashflows from their oil and gas reserves – has plummeted. And all this in an environment where lending banks are increasingly under pressure to pull in loans and reduce balance sheet exposures. Many of the companies affected have some difficult choices ahead if they are to weather the storm and it is those choices (together with the attitudes of the lending banks) that will have a significant impact on the success, failure or consolidation of companies in this sector. This article examines some of the debt structures (focusing, in particular, on borrowing base facilities) taken on by small to mid-cap oil and gas companies, and considers some of the options which may be available to deal with and manage debt repayment obligations.

During the period of bumper oil prices, many oil and gas companies took on substantial amounts of debt to finance the development of upstream assets. A lot of this debt is in the form of borrowing base facilities (“BBFs”) under which the amount capable of being borrowed from time to time is calculated by reference to net present value of cashflows from their reserves, which of course varies according to oil and gas prices. The borrowing base is typically redetermined every six months and a repayment will be necessary if the outstandings exceed the new borrowing base amount. BBFs are structured as reducing revolving facilities so that after perhaps the first couple of years of the term of the facility, the lenders’ commitments step down every six months, coincidental with the redetermination of the borrowing base. So in fact any repayment will be the greater of the amount required to reduce the outstandings to the new borrowing base amount and the amount needed to reduce the outstandings to the reduced aggregate commitments of the lenders.

BBFs typically have a term of between five and seven years (subject to a reserve tail date, if earlier), so the step down in commitments after any initial grace period is likely to be fairly steep. Traditionally, BBFs were built around a portfolio of assets with a good mix between producing and non-producing assets, giving considerable comfort that the borrower would have sufficient cash flow from producing assets to meet any committed expenditure, service interest and pay down principal as required on redetermination dates. More recently, the BBF model was adapted for companies with a much bigger development element in their asset portfolio, resulting in a financing more akin to a project financing, though without the full panoply of controls typical of a traditional project financing.

An invariable principle under BBFs, however, is that to qualify as borrowing base assets, the assets in question must at least have received final development plan (“FDP”) approval. Historically, lending banks would not fund appraisal expenditure in respect of pre-FDP assets. But in an apparently benign environment of high commodity prices and deep liquidity, facilities to fund such expenditure became available. These facilities are called Undeveloped Asset Backed facilities (“UDABs”) or Pre-Sanction Facilities (“PSFs”) and have typically been made in conjunction with a BBF or at least as a precursor to a BBF, albeit only by a small number of specialist banks. Debt structures generally became more complex, possibly involving several layers of different types of debt including senior, stretch senior, mezzanine, UDAB/PSF and corporate level (and hence structurally subordinated) convertible bonds. Multi-layering of debt was used to increase leverage for the purposes of allowing small to medium-sized companies to acquire fairly large portfolios of assets or to fund fairly sizeable developments. Having said all that, the fundamentals of reserve-based financing have remained fairly conservative compared to forms of lending in other sectors; the available debt amounts under BBFs calculated by reference to the six-monthly projections have not in themselves been excessive, and under UDABs/PSFs the value ascribed to each barrel of oil in the ground is only a very few dollars. The problems have largely arisen where groups have incurred exploration and appraisal expenditure on non-borrowing base assets and that expenditure is not included in the projection. The expenditure may be incurred by a member of the group which is not a BBF borrower but, nevertheless, it represents a drain on the cash of the group which might otherwise have been available as “equity” to support the development activities which are taking place within the ambit of the BBF.

During the development boom in 2007/2008, capex commitments were entered into, which in some cases are now proving difficult to curtail quickly. The upshot is that, with the fall in oil and gas prices resulting in lower borrowing base amounts, a significant number of oil and gas companies are finding themselves in a liquidity trap. Some companies are in the fortunate position of having sufficient cash reserves, or production rates, to enable them to service their debt obligations in the near to medium term. For others, however, the liquidity trap referred to above means they need to consider urgently solutions to service their debt obligations. These solutions can involve the renegotiation of facilities, raising equity from current shareholders, raising cash from a strategic investor or mergers with other companies. Probably the most obvious option for borrowers is to renegotiate repayment terms. However, in the current economic climate, and given the difficulties which many of the lending banks themselves are in at the moment, they are not able to be as accommodating as they might have been in more normal times to requests from borrowers for debt service holidays and reschedulings. Accommodation may be forthcoming, but it will probably come at a significant cost, and may be on the condition that a “for sale” sign is put up by the borrower over some of its crown jewel assets, with the proceeds being used to pay down the bank debt. A quick∞fire sale of assets, while not ideal, may be the only option for some if debt facilities are being slowly but surely recalled. The problem with this strategy is that the price gained for such assets may be at a discount to their value as a result of the need to inject cash quickly.

For some companies the problems associated with restructuring of debt will lead them to look at raising equity, either through existing shareholders or via a third-party injection of cash from a strategic investor. Raising equity from existing shareholders is, however, difficult in the current market. Not every small or mid-cap oil and gas company is in the enviable position that Tullow Oil (a FTSE 100 company) was at the start of 2009. Tullow successfully raised £402m by way of a placing of shares in order to, among other things, fund exploration and development opportunities in Ghana and to commercialise its assets in Uganda. It is worth remembering that Tullow was able to do this off the back of major exploration and appraisal success in both Ghana and Uganda.

An injection of cash from a new strategic investor is also an option. Such cash might be injected for shares (in which case there is the issue of how existing shareholders will react to the dilution) or it may be injected at the asset level. In autumn 2008, Dyas (a wholly owned subsidiary of SHV, the largest privately owned conglomerate in The Netherlands) acquired a 25.25 percent interest in Ithaca Energy’s North Sea oil and gas assets, and also stepped into the shoes of RBS under Ithaca Energy’s UDAB facility. The next few months will be a crucial time for several small to mid-cap oil and gas companies faced with onerous debt repayment obligations, and there may well be difficult times ahead if the credit situation does not improve and oil prices do not rise. For some, lending banks will continue to provide finance and shareholders (or new investors) will agree to inject new cash. There is no doubt, however, that the sector has taken a hit in the last few months and many are speculating that there are some good deals to be had for larger companies with the cash and the desire to purchase a bolt-on company (or asset portfolio) with attractive production, reserves or resources. 2009 may well see consolidation in the sector and certainly more surprises in these uncertain times.

Ashurst is a leading international law firm advising corporates and financial institutions, with core businesses in mergers and acquisitions, corporate and structured finance and the development and financing of assets in the energy, transport and infrastructure sectors.

Neapolitan flavours taste the best

Riddled as it is with seemingly intractable long-term problems, does Southern Italy have a future? The answer, avers affable Naples-based lawyer Ludovico Capuano, is a resounding “Yes!”.

“Of course, the region is still economically backward when compared to other parts of Italy and certainly so against Northern Europe,” he says, but adds: “Yes, It has brought tears to the eyes of politicians, businesspeople and certainly the local community down the years but many of us who live here still perceive that there is enormous unfulfilled potential.

“The euro and our country’s European Union membership have helped us enormously – and let’s face it, Italy is still in the G8 only because of its EU status – but most of those in power in Rome as well as so many people in the industrial north – and especially those who support the Northern League – perceive Southern Italians as being lazy, corrupt ne’r-do-wells and actively resist the flow of both EU and national government investment in our direction.”

Directing a boutique law firm that was founded by his uncle, Fulvio Capuano, who has vast experience in real estate dealings, Ludovico Capuno, who cites the corporate, trust and shipping sectors of law as his own specialities, sees himself as a man with a mission: “There is very real long∞term potential here but companies from outside the region and from abroad who are looking to invest, whether it be from setting up their own operations in the South or through M&A’s, need to be able to log on to the depth of local knowledge and contacts that only a local law firm like ours can offer.”

The practice started 20 years ago as a spin-off from a civil law notary’s firm managed by Capuano’s father, Nicola Capuano; it currently employs five lawyers and two associates in its busy Naples office: “For the present that’s a good workable size for a boutique firm like ours but we look to broad horizons and now have representation in the UK, Dubai and China, as well as elsewhere here in Italy,” says Ludovico.

So what advantages are there for clients using a small law practice like Capuano & Partners, rather than a large, international firm?: “Well, Italians like to do business with people who’s hands they can shake, rather than work at arm’s length. Person-to-person contact is crucial among people who are from a place where family ties matter enormously. It’s often been said that you can’t do business with an Italian until you have broken bread together.

The personal touch
“In our firm, we pride ourselves on providing a truly tailor∞made service, and we are close to our clients – 24 hours a day, seven days a week.

“The big law firms are all to be found in Rome and the North – in big industrial and business centres like Milan and Turin – and don’t tend to venture into Naples. That’s an advantage for us. Conversely, given the lower levels of economic activity here there are less potential clients than we’d find elsewhere.”

Italy has not been able to avoid the current global economic malaise and while others are talking confidently of imminent recovery, Italy has probably still not yet seen the worst of it, believes Ludovico: “We haven’t seen the bottom of the recession yet and I reckon it will be late 2010 before our country’s recovery starts to gather momentum,” he says.

“Inflation is now very low. In fact, we are almost in a deflation situation. At the same time, interest rates remain unhelpfully high because banks apply high spreads to their contracts.

“The M&A sector is starting to warm up once more but things are currently at the talking stage rather than the signing-off of any big deals being immminent.

“Similarly, IPO activity has tended to be placed on hold. Last year we signed a partnership deal with Borsa Italiana, the national stock exchange, and we are working with them to inform and persuade companies of the advantages that an IPO could bring them. Unfortunately, due to the global crisis, our interested clients have put their plans on hold but I hope that by the end of 2010 and into 2011 we will be able to bring them to the market.

“Similarly, the property sector is sluggish here in Naples, especially following the major blow to confidence when the old-established and well-respected Risanamento property development company – an organisation with roots going back to the 19th Century – filed a petition for bankruptcy protection.

“There are still some criminality problems within the construction industry in Naples and we need firm government help in combating this but, at the end of the day, real estate is still a key sector for us because Italians tend to be far more interested in putting their money into property than in buying stocks and shares, so prices have not really fallen a lot.

“Much Italian investment in this sector is still heading abroad, however. Italians have always had a penchant for acquiring property in places like London and New York.”

In these tough times, the legal profession has taken its share of the hammer blows: “The big law firms, especially those working in banking and finance, have had to cut their staffing levels though boutique firms like ours have ridden the storm somewhat better.

“In employment terms, there’s an underlying problem which is un-related to the economic crisis: there are simply too many young people in Italy who want to become lawyers when they finish their university studies.

“To get things really moving here, we need a strong mayor and more help from national government. Naples is a beautiful city but often noisy, dirty, smelly and congested. Progress on infrastructure improvements has been painfully slow. The roads are in a bad state and the subway extension, which is adding a new line and half a dozen new stations has taken a ridiculous 13 years and is still not yet finished. Worse still, the highway to Reggio Calabria is still incomplete 30 years after work started!

“To get things moving, we need to attract bigger, more vibrant companies. At present there are just three listed companies in the entire Campania region and one of them, Ladoria – which is in the food business – is government controlled at present.”

Like everything else, the legal sector has become increasingly complex and international: “Even a small, provincial firm like ours today needs to take a global view. I see our own opportunities arising within our core businesses – that is, real estate and corporate. For our clients, that principally means London, New York and Dubai in the property market and London and Shanghai when it comes to corporate activity.

“We were planning to open an office of our own in Shanghai, where one of our best clients, Nordmeccanica is opening a factory in September. Our expansion is temporarily on hold but that’s a question of delay rather than cancellation.”

The key to getting the engine of growth running again could be a reform of the Italian tax system and a speeding up of the legal process: “Parliament has just approved a major reform of the judicial system but we will have to wait and see if this has a real impact. At present, the civil trial process can take as much as 15 to 20 years, which is obviously unacceptable.

“As for tax, I don’t see any way of making it a less complex matter though one recent development has been parliamentary approval of a tax amnesty which has been designed to persuade Italians to bring money back from tax havens abroad, notably Switzerland, a move which will produce some much needed revenues for a government that is strapped for cash at the moment.”

Ludovico believes Naples has a number of strong USP’s the rest of us should know about: “It’s a vibrant, outward looking city that has a cosmopolitan view of the world. After all, we’ve been occupied and ruled down the years by the Greeks, the Romans, the Arabs, the Normans and the Spanish. Neapolitans don’t always see themselves as Italians. This was, after all, a kingdom in its own right, but they definitely feel part of the international community. Don’t forget, it’s Italy’s second largest port, after Genoa – and it’s very much open for business.”

Further information: www.capuanoepartners.com

The finest in Italian expert opinions

The current global financial crisis has put both businesses and employees under an enormous amount of strain over the past six months. Companies, even those that have been established for many many years and have in the past overcome problems, are facing new challenges as the situation unfolds across the globe.

Theft by employees
In Italy we have observed an increase in cases being brought forward involving theft by employees – at all levels – which has been rather surprising. The situations have involved anything from physical theft of both company property and property belonging to other staff members, to data theft … and even fiddling expense claims and accounts. On a psychological level, of course people are worried about losing their jobs, but theft can only weaken the position of a company as it removes valuable assets – whether physical or intellectual.

In December 2008 the Institute for Corporate Productivity released ‘Workplace Theft Pulse’ which was a survey of 392 American businesses that indicated that 27 percent of large businesses (with 10,000 or more employees) and 15 percent of small to medium sized businesses had witnessed – as economic conditions worsened – an increase in theft by employees. This particular survey covered not only physical theft and data theft – but also ‘time theft’ which involves employees using company time for personal or non – work related reasons.

We do not have the exact statistics on employee theft for the Italian market – however in the past six months LABLAW has been contacted by companies more and more frequently to address this issue. Previously in Italy – when an employee was prosecuted for physical or data theft, the sentences handed out by judges were not terribly severe, unless there was a particularly strong case for suffered damages connected to the value of goods, or in cases where non-compete covenants were breached or trade and industrial secrets were breached. Recently we have seen judges in Italy becoming less lenient with their treatment of employees accused of theft – meaning that the penalties – including jail time – have become more severe.

In Italy ‘time theft’ is more of a disciplinary concern rather than judicial one – however it can easily become part of a legal proceeding to terminate an employment contract. There are actions that companies can take and processes which can be implemented in order to help protect a business’s assets – whether they be physical or intellectual. LABLAW regularly advises clients on these matters as part of their assistance with the day to day management of an activity.

Pensions at risk?
Pensions are an extremely delicate subject. Many American and English citizens have seen the value of their personal pensions either decrease or become at risk as they are invested in a falling stock market or tied to an employer that may be having difficulty. In addition to this, as more and more people become unemployed there are fewer and fewer contributions being made to the social security system through the taxation of payrolls.

To complicate matters further, there are cases such as General Motors of Canada Ltd which requested assistance from the government as their ratio of retired workers on the company pension scheme was more than double the number of active employees (14,000 workers supporting a pension scheme covering 34,000 people). And what about the 42,000 retired employees who were members of the Nortel UK pension scheme before its parent company filed for bankruptcy protection on January 14th, 2009? There are institutions in many countries (such as the UK’s Pension Protection Fund) which step in to assist with pensions when companies fail – however, at the time of the writing of this article the future of these two pension funds is still uncertain.

Italy is fortunate in that the state pension is predominantly guaranteed by the government.

In addition, the use of private and corporate pension funds invested in the stock market and other financial instruments is not as prevalent as in the UK and America.

That is not to say however that the subject of pensions in Italy is not delicate matter. For example, in the private sector, the old system was revised a few years ago and now employees must contribute for 35∞40 years into the system in order to receive a pension guaranteed by the state. Of course the actual amount paid out to the retiree has always been a point of discussion. The old system based the value on the average of the salary of employee’s last 5∞10 working years. The new system – which came into effect with a series of reforms brought about by laws which were approved in the 1990’s – now takes the value of the employee’s salary over their working life and pays only a percentage of the amounts accrued over the entire period.

In response to the current financial crisis, Italy is also making strategic moves towards protecting pensions.At the beginning of April, Giulio Tremonti, the Italian Minister of the Economy, was quoted in Il Corriere della Sera ( April 5th, 2009) saying “We have decided to move a large part of money from the public balance sheet towards social welfare, which does not provoke the breaking of the deficit and is, for now, sufficient.” For now, Italy appears to be safe on this front.

Opportunities to save jobs
It is not all doom and gloom. In fact, from the crisis may emerge opportunities for companies to rethink the organisational structure of their work force. It is actually at times like these that employees may be the key to a company’s success. A loss of employees may also mean a loss of valuable skills, quality of service, the ability to generate sales and also a loss of production capability. The choices which management make have repercussions beyond the bottom line of the spreadsheet.

In the Anglo∞Saxon press there have been more and more articles emerging about management presenting employees with two options – job cuts or voluntary reductions in salaries across the board in order to save the jobs of their colleagues. There have even been a few reported instances of employees approaching management with proposals of reduced work times and salaries in order to try to stave off inevitable reductions in the workforce. These are excellent examples of an employee-employer relationship… that is working together as a team for the good of the company.

However in Italy it may not be so easy to implement this approach as there are quite strict employment laws, set up to protect the workers, especially when it comes to working times and conditions. Most people employed by medium and large enterprises would fall into CCNL bands (which are national collective agreements known in Italy as Contratto Collettivo Nazionale di Lavoro) which govern not only the range of their salary – but also how many hours employees work each day.

Saying that, there are two examples of flexible instruments Italian businesses can implement in order to buffer the effects of the financial crisis. They are through the use of cassa integrazione or through the use of autogestione.

In simple terms, with cassa integrazione employees are put – in English terms – ‘on gardening leave’. That is their work is ‘suspended’ and they are sent home. In this case they do not lose their jobs and through INPS (Istituto Nazionale Previdenza Sociale), the worker still receives a salary – even though it will not be 100 percent of what they would be paid if they were in full employment. The idea is that companies are temporarily relieved of paying salaries and employment related taxes for a certain amount of days a year. More importantly however, it limits the risk for a business of losing valuable knowledge and resources when the market picks up again.

With autogestione an agreement is created between an employee and an employer allowing the employee to agree to a part∞time work contract in exchange for a 10-20 percent decrease in salary and the forfeit of any bonuses. Again, when the market picks up in the future the employee has the right to claim back their original role in the company with the original benefits. Again this is a simplified explanation of the meaning of autogestione which is intended to illustrate options available to businesses in times of crisis.

There are many complex rules and regulations governing both cassa integrazione and autogestione. LABLAW is a point of reference for both businesses and managers who need to study solutions and strategies in order to safely navigate the waters in these uncertain economic times. Dismissals, reductions in the workforce, downsizings, collective dismissals… there are now two new avenues to explore – the ones which could save both jobs and one’s company in the future.

LABLAW
In the past few months LABLAW has seen an increase in client requests for legal advice and assistance. In fact the firm has seen a 30 percent growth in activity in the first two months of 2009 in comparison to the same period the previous year. “It is during uncertain times, like these, that businesses need to protect themselves the most,” says founding partner Francesco Rotondi. “In fact, in order to meet the increasing demands of both our new and established clients,” continues founding partner Luca Failla, “we are expanding to Rome – not only with a new LABLAW office but also with a new project called Anthropos, in collaboration with EOS Srl (www.eosmc.com).”

“The objective of Anthropos,” elaborates Francesco Rotondi, “is to offer a specialised human resources consultancy for businesses that do not have this function internally.” LABLAW’s professional team has over 20 years of experience assisting clients with the management of human resources, employee contracts and benefits, reductions in the workforce – including collective dismissals – pensions and trade union negotiations. Today this employment law boutique employs over 15 professionals, all of whom, through their academic education, their postgraduate courses, masters degrees and through their work experience, have a very specific expertise in labour law and industrial relations.

LABLAW is the winner of New Economy’s “Best Italian Employment & Labour Law Team 2009”. In 2008 LABLAW also won World Finance’s Award for the “Best Italian Industrial Relations and Labour Law Team.” LABLAW – after just three years of activity – was recognised in 2008 by Legal 500, as one of the top three employment and labour law firms in Italy. This leading international legal directory said that LABLAW ‘is particularly famed for its ‘marvellous’ employment-related dispute practice. Clients appreciate the team’s ‘trustworthy and concise advice. Lawyers are extremely service- focused – you can get a hold of them 24/7

Further information:
LABLAW
Failla Rotondi & Partners
Piazza San Babila, Galleria Passarella, 1, 20122 Milano
+39 02 30 31 11
info@lablaw.com
www.lablaw.com