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TransCanada to sue US for $15 bn over pipeline rejection
by Staff Writers
Montreal (AFP) Jan 6, 2016


Canadian Oil Sands makes last stand
Calgary, Alberta (UPI) Jan 7, 2016 - Ahead of the expiration of a hostile takeover offer, Canadian Oil Sands Ltd. said it was in a strong position to endure the weak market alone.

Canadian Oil Sands is the target of a hostile takeover bid from Suncor, which is offering an all-stock offer for the company. The offer expires Friday and both sides have engaged in tit-for-tat efforts at persuading shareholders on the bid.

The two companies, alongside Imperial Oil, are partners in the giant Syncrude oil sands plant in Alberta. Canadian Oil Sands holds the largest percentage of the shares.

Canadian Oil Sands President and CEO Ryan Kubik said change in the way of the low oil price environment is a net positive for shareholders.

"Our key asset, Syncrude, is entering a new era of low-cost operations," he said in a statement.

Lower crude oil prices have resulted in net financial losses for energy companies. Canadian Oil Sands posted a third quarter loss of $124 million, while Suncor posted a loss of around $265 million, compared with profit of $650 million year-on-year.

Kubik in the past has said Suncor's offer was opportunistic given the fiscal trends in the current market environment. Suncor counters it will return value to shareholders if it takes on its rival.

"Suncor is trying to scare you into locking in the downside," he said in his latest plea to shareholders.

Suncor said earlier this week it can "only invest so much time and effort" into the bid and would walk away from the table once the offer expires Friday.

TransCanada will sue the US government for US$15 billion for blocking its controversial project for an oil pipeline linking Canada with the Gulf of Mexico, the firm said on Wednesday.

TransCanada Corp. said the denial of a permit to complete the Keystone XL pipeline "was arbitrary and unjustified" under the North American Free Trade Agreement, and that the decision also exceeded the constitutional powers of US President Barack Obama.

The Obama administration decided in October to deny the Canadian company a permit to construct a key section of the pipeline across the US-Canada border, ruling it would harm the fight against climate change.

The decision, which came seven years after the company first submitted the project, marred US-Canada relations and angered many in the oil industry in both countries.

The pipeline would carry crude oil from the Alberta tar sands deposits all the way to the US Gulf Coast, and blocking the 1,179-mile (1,900 kilometer) Alberta-Nebraska section effectively undermined the entire project.

Environmentalists have assailed the project -- and the move to sue -- arguing that the Alberta deposits produce some of the "dirtiest" crude in the world.

TransCanada said in its complaint that the permit denial discriminated against it -- noting that three other pipeline companies had been granted permits for similar operations carrying Alberta crude into the United States.

It said that the Obama administration had instead bowed to pressure from environmental activists "even though the administration had concluded on six occasions that the pipeline would not have a significant impact on climate change."

"The delay and the ultimate decision to deny the permit were politically driven, directly contrary to the findings of the administration's own studies, and not based on the merits of Keystone's application," the company said in a statement.

- 'Ought to be ashamed' -

TransCanada said it will seek to recover $15 billion in costs and damages as a result of the permit denial, which it said breached US obligations under the NAFTA treaty to treat investors fairly and equally.

"TransCanada invested billions of dollars in the Keystone XL project and the denial of permit deprived TransCanada of the value of that investment," the company said.

The Calgary-based company, with nearly $60 billion in pipeline, energy storage and power generation assets, said it was prepared for a lengthy legal battle and would be ready to reapply for a permit to build the link.

"TransCanada's commitment remains to build this project, which is in the economic, environmental and geopolitical interests of the United States," it said.

The US State Department declined to comment.

"We have just seen the announcement. We do not comment on pending litigation," it said.

Environmental groups blasted the company's actions.

"Keystone XL is dead and nothing about this legal maneuvering changes that," said Sierra Club Executive Director Michael Brune in a statement.

"TransCanada ought to be ashamed of trying to extract billions in US taxpayer dollars to boost its profits after being stopped in its tracks from building a dirty, dangerous tar sands pipeline in our backyards."


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