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Moscow Times, October 9, 2002

Chubais Blasted as UES Bills Hit Duma

By Alla Startseva

Left and right converged in opposition to Unified Energy Systems chief Anatoly Chubais and a controversial legislation package to overhaul the national power grid Tuesday, a day ahead of the first reading of the bills in the State Duma.

Liberal Yabloko leader Grigory Yavlinsky joined the Communists and Agrarian factions of parliament in condemning the bills, warning lawmakers that approval would lead to "a politically dangerous system that could dictate conditions to businesses and manipulate regions and republics."

Yavlinsky said the bills would strengthen the position of UES management and called for the "immediate dismissal" of Chubais.

No government "in its right mind" would allow such a manager to run a state-owned company after its market capitalization lost more than 50 percent, Yavlinsky said in an interview after announcing Yabloko's opposition to the bills.

UES shares have lost more than half their value since January as investors have grown more nervous that Chubais will liquidate key assets at fire-sale prices in the course of the planned overhaul, which includes breaking UES' sprawling network into numerous companies and spinning off many of its assets.

"The president is fully aware of what Chubais is doing," Yavlinsky said. "The fact that he has done nothing [to stop him] means that he is not quite able to do so.

"The whole situation shows that government authorities and Chubais are of the same group with the same interests," he said.

Communist Party leader Gennady Zyuganov echoed the remarks, saying the Chubais plan would lead to "a national catastrophe."

"The whole industry will be owned by oligarchs and the team headed by Chubais," news agencies quoted Zyuganov as saying. "The country will be left without heat and light."

Yavlinsky compared the UES reform package to the scandalous loans-for-shares scheme Chubais presided over in the mid-'90s as privatization tsar in former President Boris Yeltsin's Cabinet. That scheme, which resulted in one of the largest transfers of state assets to private hands in history, gave birth to most of today's tycoons.

The current UES reform bills are a "refined repeat of loans for shares," Yavlinsky said.

The major difference between now and then, he said, was that then the government had no idea what was going on, and the Duma was powerless because it had just been created.

Now, however, the government knows exactly what it is doing and is intent on getting its way, deputies said.

"I don't remember such pressure ever being put on deputies, including ours," said Duma Deputy Sergei Ivanenko of Yabloko. "It is unprecedented."

Analysts are expecting a close vote, but it looks as if the ayes may have secured just enough support to carry the day. The bills need the support of 226 of the 450 deputies to pass.

It looked as if the opposition had garnered enough support to defeat the bills when Fatherland-All Russia, which controls 10.9 percent of the Duma, announced Tuesday that it would vote them down. But Moscow Mayor Yury Luzhkov's party reversed itself after talks with the government.

After meeting with Economic Development and Trade Minister German Gref, Fatherland-All Russia leader Vyacheslav Volodin said the government had amended the bills enough to win the faction's support in the first reading.

In particular, he said, the government agreed to increase the state's share of ownership in monopoly companies [the Federal Grid Co. and the System Operator], and keep state control over the maximum tariff that can be charged for electricity.

However, not all of the faction's demands have been satisfied. Volodin said that if the government does not agree to the rest of the changes it wants then it will vote against the bills in the crucial second reading, in which details are basically set in stone. Factions that have previously pledged to support the bills are the pro-Putin Unity party, which controls 18.4 percent of the votes, People's Deputy (12.4 percent), Chubais' Union of Right Forces (7.1 percent) and Vladimir Zhirinovsky's LDPR block (2.7 percent).

Russia's Regions, which has 10.4 percent of the vote, is undeclared, announcing Tuesday that it would let its deputies vote individually since they could not reach a consensus.

Declared opponents have just 32.6 percent, led by the Communists with 18.9 percent, Agrarians with 9.5 percent and Yabloko's 3.8 percent.

The remaining votes belong to independent deputies (4.7 percent).

Unity leader Vladimir Pekhtin defended his party's support for the bill, saying legislation is needed to regulate reform since it is already de facto under way. "Reforming the electricity sector has effectively begun, but there are still no laws regulating the process," Pekhtin said in an interview with Gazeta newspaper published Tuesday.

"A situation similar to that with land reforms might occur. After we adopted a law on the sale of farmland, it turned out that 70 percent to 90 percent of fertile farmland in the Stavropol region has already been sold," he said.

The legislation package includes new laws on electricity and the implementation of the law on electricity. It includes amendments to existing laws on government regulation of electricity and heat tariffs, energy savings and natural monopolies. There are also amendments to the second part of the Civil Code.

The draft bills, designed to introduce competition into the sector, define the operational rules for a competitive wholesale market, new procedures for tariff setting, and the creation of new entities such as standalone generation, supply and distribution companies.

Meanwhile, Chubais is under attack from a different front.

UES minority shareholders, on the initiative of Hermitage Capital Management, are trying to gather enough voting shares to call an extraordinary shareholders meeting and fire Chubais. "Lawyers are still working on the exact wording of the request for an extraordinary shareholders meeting, but the main theme is Chubais' dismissal," Hermitage CEO Bill Browder said Tuesday.

Browder said that the initiative has been supported by National Reserve Bank, Prosperity Capital Management and 12 other domestic and foreign minority investors who collectively own 9.6 percent of UES, 0.4 percent short of the number needed to force an extraordinary meeting.

Browder said the group is negotiating with five other institutional investors and expects to pass the 10 percent threshold. "We don't believe what he says anymore," he said.

"Whenever the heat is on, Chubais says what he thinks people want to hear, which plays well with some investors in the West who don't have much experience with him. Unfortunately for many of us who have dealt with Chubais over the years, his recent statements don't give us much confidence," he said.

Prosperity Capital CEO Alexander Branis, who represents minority shareholders on the UES board, said it became obvious long ago that UES management has aims that contradict the interests of minority shareholders.

"We need to make sure that all UES assets will be distributed on a pro rata basis," Branis said.

See also:
the original at www.themoscowtimes.com

Energy Sector Reform

Roll-call Voting in the State Duma
For adoption of the federal law "On the Electric Energy". First Reading.

October 9, 2002.

Moscow Times, October 9, 2002

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