Saturday, Oct. 04, 2003
You would think that a modern industrial process that creates $1
billion a year in profits would make its creators and operators
proud. You'd think they would be doubly pleased with themselves for
doing it under the banner of reducing America's dependence on foreign
energy. In fact, you'd think they would want their names in the paper
and awards on their wall. But in the case of a strange kind of
American alchemy involving coal, don't expect to be welcome on a
plant tour. The reason isn't that secrecy is necessary to protect a
technological marvel but just the opposite. What you would see behind
the curtain is a scheme that would make the Wizard of Oz envious. And
you wouldn't be amused, because as an American taxpayer, you're
paying for it.
About a mile off the twisting, two-lane road to the south of Central
City, Pa., set back in the woods along a private road, past the truck
scales and the raw-coal stockpile, invisible from the highway, is the
Shade Creek processing plant of PBS Coals Inc. There freshly mined
coal is washed, the sulfur, rock, ash and other impurities removed
and the cleaned coal carried by an overhead conveyor belt across the
dusty road. It goes into a building on the other side that is
operated by a second company, Central City Synfuels. Another belt
comes out of that buildingoff limits to the publiccarrying what
looks a lot like the same coal back across the road and dumps it on a
stockpile. Then it's loaded into railcars and shipped to electric
utilities.
Except it isn't coal any longer.
Forget that it looks like coal. And will burn like coal. It's now
called "synthetic fuel." As such, the coal-like product, along with
roughly 50 million tons of similar stuff from more than 50 similar
plants in Pennsylvania, West Virginia, Alabama and other states, is
worth more than $1 billion a year in federal income-tax credits, a
corporate giveaway protected by a bipartisan group of supporters in
Congress. Those who have profited from the system range from
fast-buck artists to giant corporations. They include one of the
nation's largest hotel operators, a commodities trader barred from
the industry for fraudulent practices, a chain of electronics stores,
an electric utility that unplugged the lights during the great
blackout of 2003, technology firms run by friends of influential
lawmakers, limited partnerships of wealthy investors and scores of
individuals and businesses preferring to keep their identities
secret.
To qualify for the tax credits, the makers of this so-called synfuel
don't have to prove that they are making a better kind of coal, one
that burns more efficiently or offers any other benefit. By IRS
ruling, they need only modify the chemical composition of coal. As a
result, dozens of plants have sprung up across America to carry out a
process that in many cases is so slight that critics call it spray
and pray, a reference to their hopes that no one will peek too
closely. "You can't believe what goes on," a government official long
involved with the coal industry told TIME, blaming Congress for its
role in perpetuating the handout. "The people who spend the tax money
don't have a clue." The IRS launched an investigation last June into
the "scientific validity of the test procedures" used to measure
compliance with the minimal standards, but the synfuels credit has
enough support in Congress that members have tried (and failed so
far) to block the IRS probe.
Why America is stuck with this wasteful program is worth holding up
to the light because it demonstrates the failures of U.S. energy
policy at a time when prices are rising again and America's
dependence on foreign oil is once more creating economic pain. As
TIME reported in July, Congress's failure to adopt a serious energy
strategy over the past three decades is taking its toll on consumers
in bloated prices for petroleum products and natural gas, looming
shortages of certain fuels, lost jobs, rolling brownouts and little
hope for any relief, given that lawmakers are fixated on passing out
subsidies, like the synfuel credit, that will do little or nothing to
ease U.S. dependence on foreign oil.
Two weeks ago, crude-oil prices jumped when opec moved to keep
supplies tight by reducing its output quotas 3.5%, cutting off nearly
1 million bbl. a day from the global market. American consumers are
even more vulnerable to energy shocks than they were two decades ago,
in part because the U.S. government's policy during that time has
failed to produce alternative energy sources. Whipsawed by lobbyists
and special interests, taxpayer-supported programs have succeeded
mainly in making a few people rich and protecting ineffectual
schemes. To be sure, not all energy programs have been a bust. For
example, tax credits that gave homeowners an incentive to install
storm windows and insulate their homes got results. But the synfuel
tax credit is a dead end. It doesn't increase U.S. energy production.
It's just a windfall for those who have found a way to exploit it. A
TIME investigation into the congressionally authorized,
billion-dollar scheme shows how it works:
DAWN OF A GIVEAWAY
More than two decades ago, in the
wake of the energy crises of the 1970s, Congress enacted a tax break
to spur the creation of a broad-based synthetic-fuels industry to
ease U.S. dependence on foreign oil. The idea was to turn plentiful
coal into synthetic natural gas to heat homes and run factories or
into synthetic crude oil that could be refined into gasoline and
other petroleum products. The law was supposed to encourage new
technology and the building of giant plants each costing upwards of
$1 billion to turn coal into liquids or gas. For a variety of
reasons, including falling oil prices and changing administrations,
Washington lost interest, and the industry never materialized as it
was envisioned. The original goal wasn't folly, as demonstrated
across the border in Canada, where the government and industry
persevered with synfuel development and built a thriving business
that today sells millions of barrels of synthetic crude oil to the
U.S. annually (see following story). Meanwhile, the U.S. synfuels tax
credit stayed on the books, dormant until the 1990s, when those who
comb the Internal Revenue Code for opportunities came up with a new
kind of synfuel plant, one that would cost a few million dollars and
be portable.
What happens inside them? To alter coal's chemistry so it qualifies
as a synthetic fuel even though it looks and burns like regular coal,
some plants merely spray newly mined coal with diesel fuel, pine-tar
resin, limestone, acid or other substances. Others mix coal waste
with chemicals, coat it with latex and blend it with untreated coal
to form briquettes. And plant operators in some extreme cases do
nothing at all. Whatever the process, it's still coal.
This may explain why synfuel owners, in addition to being reluctant
to talk about their processes, are not eager to let anyone actually
see one of these so-called plants. Half a dozen electric utilities
contacted, from DTE in Detroit to Progress Energy in Raleigh, N.C.,
declined to give TIME a tour. As did plant operators.
Actually, plant is a grandiose term for such operations. The
facilities consist of little more than a collection of conveyor
belts, nozzles, mixing vats, a few small buildings and sometimes
equipment to convert the coal into pellets or briquettes. The
spraying equipment is fairly simple. According to an industry
consultant who asked not to be identified, it resembles "what you go
through in a car wash, like the sprayers that wash your car." The
plants can be easily taken apart and trucked hundreds of miles and
then reassembled. "It's not that complicated to take one of these
apart, load it on trucks and take it someplace else and put it back
together," says an industry official. If the process seems flimsy,
keep in mind that the real product is not synfuel but tax credits.
And lots of people are cashing in.
FUEL FOR THE BOTTOM LINE
Who benefits? a carnival of characters.
But the most stunning numbers have been posted by big companies that
wanted to boost their bottom line. The hotel chain Marriott
International Inc., which has 2,500 lodging properties worldwide,
bought four synfuel plants in October 2001. The next year, the fIRSt
full year of production, Marriott's new synthetic-fuel operations
generated $159 million in tax credits. Marriott had paid $46 million
in cash for the facilities, meaning the tax credits gave the company
a return of 246% on its investment in just one year. It was a welcome
boost for the company at a time when the average room revenue from
Marriott's traditional lodging business fell 4.8%. Moreover, the
company's effective income tax rate plunged to 6.8% in 2002 from
36.1% in 2001, "primarily due to the impact of our synthetic-fuel
business," according to its annual report. Consequently, Marriott
paid federal income taxes at a rate below that paid by individuals
and families earning less than $20,000 a year.
Rex Stores Corp., with headquarters in Dayton, Ohio, is a chain of
some 250 retail electronics and appliance stores in 37 statesand
two synthetic-fuel facilities. While sales of the company's main
products have declined, its synthetic-fuel sideline has thrived.
Stuart Rose, Rex's ceo, told stock analysts in June that "it's an
asset that's still returning unbelievable returns for our
investment." Echoed Douglas Bruggeman, Rex's vice president for
finance: "We feel real good about that whole part of our business
right now."
Even when a company's operating income goes down, its profits can
still go up if it has tax credits on tap. PPL Montana LLC, a
subsidiary of PPL Corp., the holding company for such utilities as
Pennsylvania Power & Light and Montana Power, reported that "although
operating income from synfuel operations declined in 2002 compared to
2001, the synfuel projects contributed $7 million more to net income
after recording tax credits."
Electric utilities that have a stake in synthetic-fuel plants and
burn their own product have achieved stunning financial results.
Through 2002, Progress Energy Inc., a holding company for public
utilities that generate electricity in North Carolina, South Carolina
and Florida, raked in $897 million in tax credits from the program.
SCANA Corp., the holding company for South Carolina Electric & Gas,
reported that it received $58 million in tax credits from an
investment of "approximately $2 million" in synthetic-fuel
partnerships. That works out to a return of 2,800%. Think of the
numbers this way: if you invested $4,000 on Jan. 1, you would collect
$116,000 the next New Year's Day.
DTE Energy, the diversified energy company based in Detroit that is
the parent of Detroit Edison Co.which provides electricity to 2.1
million customers in southeast Michigan who lost their power on Aug.
14has profited richly, generating $425 million in credits in the
past three years from nine synfuel plants in eight states. Yet the
cash flow did not seem to help DTE prepare for crunch time in its
main business. It lagged behind utilities in New York and Ohio and
took three days to restore power to all its customers after the
blackout. And it plans to charge consumers for the $30 million to $40
million that it lost during the shutdown.
SEMPRA Energy, the holding company for San Diego Gas & Electric,
chalked up a comparatively low tax rate of 17% in the fIRSt quarter
of this year. After questioning by a UBS Warburg analyst, the company
acknowledged that the reduced taxes were attributable to
synthetic-fuel tax credits of $45 million to $50 million.
And then there are all the plants' part owners that share the tax
credits. Such is the case with Pace Carbon Synfuels Investors, a
Delaware limited partnership with a stake in four facilities. Among
the investors who have taken advantage of the tax credits: the
Federal National Mortgage Association (Fannie Mae), the publicly
owned but government-sponsored corporation that bills itself as the
nation's largest source of financing for home mortgages; Morgan
Stanley, the global financial-services firm; and Norfolk Southern
Corp., which owns two major railroads in the Northeast as well as
half of Conrail.
Many individuals and businesses cashing in on the tax credits prefer
to remain anonymous. Earlier this year, TECO Energy, the holding
company for Florida's Tampa Electric, disclosed in a filing with the
U.S. Securities and Exchange Commission that it had received "more
than $50 million from the sale of half of TECO Coal's synthetic-fuel
production facilities." The buyer was not named. A TECO official told
TIME that "part of the agreement that we signed says that we are not
allowed to reveal the name of the purchaser." WPS Resources, the
parent company of Wisconsin Public Service, sold a portion of its
operation to "a subsidiary of a public company" whose name was not
disclosed. Massey Energy Company sold its interest in a
synthetic-fuel plant to an "unidentified affiliate of a major
financial institution."
The manager at Warrior Synfuel, near Tuscaloosa, Ala., declined to
identify the "private parties," as he called them, that own the
plant. He said he had conveyed TIME's request to speak with them: "I
believe their choice was that they didn't feel that this was
appropriate."
THE TECHNOLOGY WIZARDS
With some exceptions, the 21st century version of synthetic-fuel
plants uses competing coal-altering processes developed by a handful
of companies, which make money by licensing their technology. One is
Earthco, a mysterious Las Vegas enterprise whose technology is used
in 10 plants in six states. An Earthco founding principal was Jerry
W. Slusser, 57, who has been involved in a string of curious
businesses. In 1998 a Commodity Futures Trading Commission judge
found that Slusser and two of his companies "pilfered millions of
dollars from customers using the commodities market to carry out
their scheme." Some of the money was funneled through accounts of
Slusser's Sterling International Bank Ltd., which existed as a post
office drop on the Caribbean island of Montserrat. The commission
barred Slusser and his firms from trading commodity futures and
assessed a $10 million penalty, the largest ever in an administrative
hearing. A U.S. appeals court, while acknowledging there had been
"multiple frauds," reduced the fines to $600,000, which Slusser has
again appealed.
The investor's home in a gated country-club community just off the
Las Vegas strip is also the official address of more than 80
Slusser-related business ventures with names like 481TL LLC, CCHDDNV
Inc., N15SB LLC and QEAT4 LLC. With their principals scattered across
the country, the companies have the appearance of being tax-avoidance
devices, just like the synfuels scheme. What, if anything, does
Earthco's synfuel process do? Calls for information to Earthco and
its employees were fruitless. When TIME reached Slusser, he promptly
hung up the telephone after hearing the writer identify himself. A
call to Earthco's office in Las Vegas proved equally unproductive. A
woman who identified herself as Susan Trimboli said any questions
would have to be answered by a Jim Scott in Sacramento, Calif. He
turned out to be James Scott, who works out of Earthco's Las Vegas
office. He is the president of Mid-Power Service Corp., another Las
Vegas energy business. Until two weeks ago it was in bankruptcy
court. Scott did not return calls, but Mark Davis, a Sacramento
attorney and Scott associate, did. Asked about Slusser's current
connection with Earthco, Davis replied, "The answer is zero. Neither
as a shareholder, officerno capacity whatsoever." But Davis
declined to discuss Slusser's earlier involvement, the nature or
origin of Earthco's technology or how it has reduced American
dependence on foreign oil. "That's really all I have to say," he
said.
Startec Inc., like Earthco, has a proprietary process for turning
coal into synthetic fuel. The Dublin, Ohio, penny-stock company (last
week's closing price: 35(cent)), whose formula is used by nine plants
in four states, started life in 1990 as Sports International Inc.,
owner of Ohio's Columbus Thunderbolts arena-football team. That
lasted only a year. The team was sold in 1991, and Sports
International transformed into Startec, hoping to cash in on the
technology boom. Among its announced ventures was a plan to convert
tires to energy. That didn't turn out either, but somewhere along the
line, Startec latched onto a synthetic-fuel process that other
companies would license.
At one point, it forged a working alliance with yet another
penny-stock company, WasteMasters Inc., one of the fringe enterprises
that flit in and out of the synfuel industry. Two former top
WasteMasters operatives, a Dallas father-and-son team, are under
federal indictment on charges of securities fraud, money laundering,
assisting in the preparation of false tax returns and conspiracyall
unrelated to synthetic fuels. As was the case with Earthco, officials
at Startec were unavailable for interviews.
Another company that licenses its technology, Headwaters Inc. of Salt
Lake City, Utah, was the only company willing to discuss the business
in general terms with TIME. So exactly what kind of synthetic fuel is
produced? The kind that meets the IRS definition of changing coal's
chemical composition. "The tax code does not require you to show a
change in the coal's performance," says Headwaters spokesman John
Ward, whose company's processes are in use in 20 synfuel operations
in nine states. "For the tax credit, you just need to show there has
been a substantial chemical change." Ward said that Headwaters' latex
reagents produce a "chemical change that is verified by a number of
different laboratory tests." Ward said that "tests show that not only
are the molecules different but that the coal also behaves
differently. Coal products treated with our reagent show an increased
level of combustion efficiency, which translates into reduced
environmental impact."
THE WASHINGTON CONNECTION
Whenever there's a billion dollars to hand out to special interests,
influential members of CongressDemocrats and Republicansare
always lurking in the background. After the IRS decided in June to
take a closer look at the coal that is being called synthetic fuel,
the synfuels industry turned to its old friends on Capitol Hill. In a
rare public display of congressional meddling in a tax investigation,
industry supporters persuaded a House Appropriations subcommittee to
introduce a bill to call off the industrywide audit. It failed to
pass in an 8-to-8 vote. Since then, the campaign has moved behind the
scenes. The IRS has questioned the legitimacy of the synfuels in the
past and then backed off after lawmakers intervened. In many ways,
the IRS has created the dilemma. Some years ago, it ruled that any
significant change in the chemical makeup of the coal would be
sufficient to qualify for the credit. The agency then promptly issued
to all the synthetic-fuel facilities so-called private-letter rulings
stating that they qualified for the credit. Now it is debating
whether to revise its standard.
Kenneth Kies, a Washington lawyer who represents the Council for
Energy Independence, a synfuel coalition, said the group is
"outraged" by the IRS review. On three previous occasions, Kies said,
the IRS has reviewed the program and set rules for claiming the
credit. "How many times do you get to do this?" Kies asks. "Good tax
administration says that if the service has set up a series of rules
and taxpayers adhere to them, they ought to be able to rely on that.
And Congress, if they don't like what is happening, should come back
and amend the statute." At the same time, Kies acknowledges the
importance of the tax break. "People only do this because of the tax
credit." In short, when it ends, so does the synfuel industry. The credit is so generous that some investors can't take full
advantage of it each year because they don't pay enough taxes on
their other income. Rather than let the credit go to waste, they sell
a portion of their synfuel operations to another group of investors
who are looking for ways to reduce their taxesa sort of perpetual
tax-avoidance machine that never stops giving.
That's what WPS Resources did in 2001. WPS bought a synfuel facility
near Tuscaloosa, Ala., and moved it near a coal mine in Hopkins
County, Ky. Naturally, the plant lost money. But it generated such
bountiful tax breaks that before long, WPS could no longer take full
advantage of the credit because it lacked sufficient income. In 2001
and 2002, for example, WPS claimed a total of $45 million in credits. As WPS ceo Larry Weyers put it in remarks to shareholders: "What
we've discovered is that the operation has tax-credit potential that
exceeds our needs." In other words, the company had more credits it
could use than taxes owed. So WPS did what other synfuel owners do in
similar situations. It sold a portion of its operation to a third
party for $40 million while benefitting from the leftover credit. The
only losers were American taxpayers.
The IRS review of the synfuel industry has for the time being halted
the buying and selling of credits. Congress could resolve the issue
by ending the credit, but it has shown little inclination to do so.
In fact, the pending energy bill preserves it. Although the credit is
due to expire at the end of 2007, until then it's worth $5 billion to
$10 billion. And there's always the possibility that Congress will
extend it. On four different occasions friendly lawmakers have
intervened to rescue itlawmakers like Orrin Hatch, the Republican
Senator from Utah, where Headwaters is based. A longtime champion of
the credit, Hatch told colleagues in 1998, "This is a very important
tax credit for alternative fuels. It is an issue of fairness, not one
of corporate welfare."
It is, of course, just that. Congress's idea of a synthetic-fuel
industry is unlike any other business model: it doesn't make a profit
and never will. The cost of treating the coal makes synfuel more
expensive than conventional coal. Thus this new generation of synfuel
plants makes no economic sense. Their only allure is the tax credit.
To be sure, those who benefit from the tax credit dispute the notion
that it is a windfall. They claim that it has increased the supply of
low-cost coal, lowered electricity prices, improved the efficiency of
coal-fired generators and been environmentally friendly. What's more,
according to the Council for Energy Independence, the credit "has
created new jobs in an otherwise shrinking business." Those jobs come
with a stiff price: at least $200,000 from taxpayers for each one. Beyond the drain on the treasury, the credit has destabilized coal
markets because synfuel producers periodically undercut conventional
coal producers in this country and abroad, which they can afford to
do because of their tax credits. Coal associations in Canada and
Australia have complained that the tax credit is nothing less than a
government subsidy interfering with the free market.
To preserve the break, the synfuel industry is lobbying intensely in
Washington. The industry's Council for Energy Independence, whose
members include Headwaters, GE Capital, Pacific Gas & Electric and
other utilities, investment firms and coal companies, has been
meeting with officials from Congress and the IRS. Says Kies, a former
chief of staff of Congress's Joint Committee on Taxation, who heads
the effort: "There is a lot of energy being put forth on behalf of
taxpayers to force the IRS to back off of this."
But if common sense prevailed, Congress would scrap the entire
program. In a critique to the IRS three years ago, Jack Workman, a
West Virginia coal man, said the credit as used "has made good coal
producers bad and has messed over the general economy of the coal
industry." Alas, for that matter, it has messed over taxpayers and
energy consumers in all 50 states as well.
With reporting by Laura
Karmatz/New York and research by Joan Levinstein/New York
- Donald L. Barlett and James B. Steele