Monthly Archives: December 2008

SEC’s Cox Looks Back In Anger

Uncle_samNo one seems to have liked that way SEC chief Christopher Cox handled his job during the financial crisis. Congress thought he should have done more to keep banks and investment houses from using tremendous leverage to make bets on paper like mortgage-backed securities. CEOs and banks wanted him to keep short sellers out of their stocks forever.

Looking back, the SEC may have spent too much time looking into stock option grants, digging around in the drawers of public company executives like Steve Jobs at Apple (AAPL).

Any fool can go over what the SEC, Treasury, and Federal Reserve have done during the last six months, or the years that proceeded them. If wishes were horses, all the beggars would ride. Analysts will be pinning blame on Cox, Greenspan, Paulson, and Bernanke for decades.

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Pipeline Partnerships Face Credit Crunch (EPB, EPD, KMP)

Tx00338coilwellgusherodessatexasposWe’ve noted before that pipeline master limited partnerships must grow if they are to attract investors. For nearly all MLPs, that means access to credit at low interest rates. Does that sound like today’s credit market?

Rigzone.com carried a Dow Jones Newswires story that tight credidt is making it difficult to raise money for new pipeline construction or acquisitions. Even though natural gas prices are low, volumes flowing through the pipelines remain high. That means that revenues to the pipeline companies remains high or even increases because MLP revenue is not tied to the commodity price.

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Russia and Ukraine: Energy Battle, Round 2.5

The dispute between Russia and Ukraine over natural gas prices is following the same path as the fracas three years ago. Ukraine paid off part of its outstanding $2 billion gas bill yesterday, but the disagreement now centers on the price Russia’s Gazprom wants Ukraine to pay for gas in 2009.

In 2006, Ukraine siphoned off Russian gas traveling through pipelines running through Ukraine. The country is threatening to do the same thing again. Ukraine’s argument this time is slightly different: the gas flowing through the pipeline is uncontracted, therefore it has no owner. If that’s the case, the gas could be confiscated.

About 80% of Russia’s natural gas exports to Europe runs through Ukraine. Russia is building pipelines both north and south of Ukraine in order to diminish its need to rely on the Ukrainians, but those pipelines are billions of dollars and some years away from completion.

The Ukrainians, and most Western observers, believe Russia is trying once again to influence Ukrainian politics and move Ukraine back into the Russian sphere of influence. Ukraine’s president is no friend of the Russians, and Russia would like to see him go. A substantial hike in the price of natural gas could accomplish that goal.

Russia has been trying since 2005 to regain the hold it once held over its ‘near abroad’, countries like Ukraine that the old Soviet Union regarded as satellites. Now is a good time to press this issue. The intervention in Georgia last summer was a calculated move to determine how the West would react. US and European reaction was noisy, but not meaningful.

The incoming US president has many more things to worry about than natural gas pipelines through Ukraine. European governments will fail to unite behind a single plan because some countries, like Germany, depend very heavily on Russian energy and won’t do anything to jeopardize those supplies.

A new Cold War is not likely to start over the Russia-Ukraine dispute, any more than it started over the Russian intervention in Georgia. The US will need soon to face the fact that Russia plans to increase its influence in both Eastern Europe and Central Asia. What the US and the West can do about that doesn’t appear to be much.

Paul Ausick

Piper Jaffray Said Weak Holiday eCommerce Data Supports Thesis of Slow ‘09 For Amazon (AMZN)

Analysts at Piper Jaffray commented on Amazon.com (Nasdaq: AMZN) following comScore data which showed that total eCommerce sales declined 4% Y/Y QTD for Q4 and declined 37% Y/Y in the last full week of December. comScore said this was the first time they’ve seen negative growth rates for the holiday season since they began tracking e-commerce in 2001.

Piper Jaffray said, following the data, they are incrementally more confident that their thesis of a 10% decline in 2009 industry eCommerce sales and 10% growth in Amazon sales will in fact play out. Based on this view, Piper feels the Street estimates for 2009 revenue of $21.3B are too high, and is 6% above their $20.1B estimate.

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More Bad New On Jobless Claims

UnemplyConsumer confidence is at a multi-year low. Housing prices are off 18% compared to a year ago. To complete the trifecta jobless claims are at a 26-year high.

First-time applications for state unemployment benefits fell 94,000 to a seasonally adjusted 492,000 in the week ending Dec. 27, the Labor Department said Wednesday, according to MarketWatch.

"Despite the decline, the level of claims is 45% higher than the same period in the prior year. The four-week average of new claims fell 5,750 to 552,250. Meanwhile, the number of people collecting benefits in the week ending Dec. 20 rose 140,000 to 4.51 million – the highest level since December 1982. The four-week average of continuing claims rose 103,750 to 4.42 million – also the highest level since December 1982."

Douglas A. McIntyre

China’s Canary In A Coal Mine: Shanghai Index Down 65%

China_2The Shanghai Composite, which measures the combined share value of most of the large public companies in China, fell 65% this year. Among the major US indices, the sharpest drop was the 39% plunge in the Nasdaq. The Dow Jones Financial Index, which should have done as badly as any stock measurement in the world, was off 55%.

One of the most popular adages on Wall St. is that stock markets trade based on what investors think will happen to the economy and corporate earnings during the next six months. If that is true, the movement in the Shanghai Composite is ominous. It has dropped 20% in the last 90 days. Over that period, the DJIA is down only 12%.

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Who Will Lead The Charge When The Market Recovers

Cammonopoly_wideweb__430x3250As hard as it may be to imagine, the stock market will move back up someday. It always has.

When a market recovers, there are always one or two sectors which are perceived as values. The buying begins with those and then spreads.

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AIG (AIG) Wants The 1,000th Change In Its Government Loan Rules

AigThe management at AIG (AIG) is extremely clever. Every time it runs into trouble paying back the $144 billion credit facilities provided by the federal government, it asks for a change in the terms of the borrowing agreements.

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The Nonsense Over “Fair Value” Accounting Goes On As Banks Beg For Forgiveness

R218533_855025American banks are still trying to move the goal posts in their favor on the accounting football field. Current rules govern how they set the value of assets on their balance sheets. The banking industry says these standards are too punitive. All that junk they have on their books should be posted at higher valuations. If that had been done long ago, the banking industry would never have gotten into trouble in the first place.

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The Fed Wises Up, Buys Mortgage-Backed Securities (BLK)(GS)

FedThe Fed will step into the market next year and buy mortgage-backed securities with a vengeance. It has finally dawned on the agency that cutting rates and providing banks with low-cost emergency funds is not moving the economy away from the credit crisis.

None of the Fed’s plans have worked so far because the prices of houses are still falling rapidly. S&P Case-Shiller yesterday reported that home values dropped 18% in October. In other words, the government has done nothing to stop the destruction of the value of residences.

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As Gas Prices Drop, Yankees Stay Home And Buy Fewer Cars (XOM)(F)(GM)

Batmobile512Last summer, a gallon of gas cost over $4. Now the prices has dropped below two bucks and is still falling. The sharp drop in crude oil is to blame.

Intuition would say that people should drive more as the price at the pump plummets, but it is not working out that way.

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Dell’s (DELL) Problems No Worse Than Apple’s (AAPL)

Dell20logoThere are rumors going around that Dell (DELL) will fire its chief of operations and its head of marketing. The PC firm’s turnaround is not going so well.

The answer to most corporate strategy failures is to dump the people in charge. It gives the illusion that moving the chess pieces will make things better.

According to The Wall Street Journal, "The moves are a sign that Mr. Dell — who founded the company 24 years ago in his college dormitory — is adjusting the strategy he implemented in 2007 to help restore growth at the company."

The plan probably won’t work, because nothing will.

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Media Digest 12/31/2008 Reuters, WSJ, NYTimes, FT, Bloomberg (DELL)(CHTR)(F)(PEP)

NewspaperAccording to Reuters, housing and consumer confidence both suffered record drops.

Reuters reports that GMAC eased lending rules after the government provided it with $6 billion.

Reuters reports that the Madoff probe now extends to offshore funds.

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Asia Markets And Europe Open 12/31/2008

ChinaSome markets in Asia were closed.

The Hang Seng rose 1.1% to 14,387. It was down 48% for the year.

The Shanghai Composite was off .7% to 1,821 and was off 65% for the year.

In Europe the FTSE was up .9% to 4,431. The CAC 40 moved higher by .7% to 3,241.

Data from Reuters and MarketWatch.

Douglas A. McIntyre

The 52-Week Low Club (HOV)(KIDS)(BLDP)(PEIX)

Sad_clownHovnanian (HOV) News on housing prices pushes homebuilder down. Drops to $1.56 from 52-week high of $13.50.

Parent (KIDS) Files for Chapter 11. Sells down to $.05 from 52-week high of $6.43.

Ballard Power Systems (BLDP) Court ruling hurts shareholders. Plunges to $1.25 from 52-week high of $5.71.

Pacific Ethanol (PEIX) No news. Alternative energy stocks continue ride down. Moves off to $.41 from 52-week high of $9.20.

Douglas A. McIntyre

Gizmodo Rumor: Apple’s (AAPL) Jobs Health Failing

Applelogo1Because of the number of rumors about the health of Apple (AAPL) CEO Steve Jobs, it is hard to know which has any validity. Jobs has suffered from islet cell neuroendocrine tumor a malignant growth in his pancreas, but has been in remission.

According to Gizmodo,"Steve’s health is rapidly declining. Apple is choosing to remove the hype factor strategically vs letting the hype destroy apple when the inevitable news comes later this spring."

Maybe.

Douglas A. McIntyre

Holiday Retail Worst Since 1970

UnemplyThe two most brutal recessions in recent memory are those that hit in 1973 and 1981. It appears that holiday retail sales for 2008 were worse than they were in either of those downturns.

According to Reuters,"The U.S. holiday shopping season is the worst since at least 1970 due to the recession, heavy discounting and harsh winter weather just before Christmas, the International Council of Shopping Centers said."

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Russia and Ukraine: Energy Battle, Round Two

RussiaPlatts is reporting this morning that Russian gas monopoly Gazprom will turn off gas supplies to Ukraine unless the former Soviet republic signs a natural gas export contract by January 1st. According to Gazprom, Ukraine also owes the Russian company $2 billion for past deliveries.

When Gazprom turned off the gas to Ukraine in January 2006, the impact throughout western Europe was dramatic. The pressure drop in the pipelines reduced supplies by as much as 25%. The Russians and Ukrainians settled the dispute within a few days, much to the relief of the Europeans.

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SEC Changes the Rules on Oil Reserves

Tx00338coilwellgusherodessatexasp_2The Securities and Exchange Commission yesterday announced that it has approved new rules to "modernize its oil and gas company reporting requirements." Well, modernization, like beauty, is in the eye of the beholder.

The SEC did not publish the new rules yet, but a 172-page draft was published in June that described the proposed changes. Here are some of the more general changes:

* Allows using new technology (3-D/4-D seismic) to calculate proved reserves, if the new technologies "have been demonstrated empirically" to accurately estimate reserve volumes.

* Allows companies to disclose probable and possible reserves to investors. Currently, only proved reserves are required to be disclosed.

* Allows companies to include resources such as oil sands as oil and gas reserves. Previously, these were counted as mining reserves.

* Requires valuation of the oil and gas reserves using an average price for the previous 12-months. Currently, reserves are valued at the market price on the last day of the reporting period.

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Standard & Poor’s Downgrades Dow Chemical’s (DOW) Credit Rating to ‘BBB’

Yesterday evening, Standard & Poor’s Ratings Services lowered its corporate credit and senior unsecured ratings on Dow Chemical Co. (NYSE: DOW) to ‘BBB’ from ‘A-’. The long-term ratings on Dow Chemical and the ‘A-2′ commercial paper rating remain on CreditWatch with negative implications.

Standard & Poor’s revised the CreditWatch implications on the ‘BBB’ long-term ratings of Rohm and Haas Co. (NYSE: ROH) to negative from developing. Rohm and Haas’ ‘A-2′ short-term ratings remain on CreditWatch with negative implications.

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