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Symantec corporation SYMC mentioned first-quarter fiscal 2019 non-GAAP revenue of 34 cents per partake that beat the Zacks Consensus rate of 33 cents. earnings per partake were 33 cents, below ASC 605, during this quarter, flat yr over year.
On a non-GAAP groundwork, Symantec generated revenues of $1.a hundred sixty five billion, which beat the Zacks Consensus rate of $1.149 billion. beneath ASC 605, the motif turned into $1.a hundred seventy five billion, down 5.5% from the 12 months-ago quarter.
starting this quarter, Symantec adopted the original earnings focus accounting common, ASC 606. The comparisons with the year-ago quarter are in compliance with ASC 505.
The company benefited from tenacious multiply in client Digital security phase. youngsters, lower-than-anticipated commercial enterprise safety implied billings own been a dampener.
additionally, given this, the company diminished its outlook for fiscal 2019, which raises issues involving its close-time epoch possibilities.
Symantec company fee, Consensus and EPS shock
Symantec business enterprise price, Consensus and EPS shock | Symantec enterprise Quote
Let’s discuss quarterly effects in details.
Quarter in detail client safety revenues in the quarter own been $600 million, reflecting organic multiply of 6% from the yr-ago quarter in constant forex. however, commercial enterprise safety revenues of $565 million declined 14% from the 12 months-in the past length. enterprise protection implied billings of $453 declined 20% yr over 12 months, adjusted for acquisitions and divestitures.
even so, the enterprise is making the most of built-in Cyber protection Platform, which drives huge cross-sell and up-promote alternatives. in addition, key consumer wins for Cloud Proxy, Cloud access protection broking service, and cloud email offerings own been a favorable.
The business shifted its enterprise mannequin to a greater ratable one. within the first quarter, the company cited that eighty two% of business safety section revenues were ratable.
however, contract size declined to 16.5 months during the quarter from 18.5 months within the preceding quarter.
Symantec reported non-GAAP operating salary of $327 million. under ASC 605, the motif was $313 million, which declined 17% from the 12 months-in the past quarter.
Non-GAAP working margin (beneath ASC 605) reduced in size 370 bps to 27%. The decline became because of the divestiture of web site protection and related PKI products in business protection. in addition, margins for client Digital safety own been harm with the aid of accelerated product structure charges and allotted company costs.
below ASC 606, the quarterly determine turned into 28.1%, reflecting $5 million boost in revenues and a $9 million decrease in commission cost because of the original accounting typical.
stability Sheet & money move Symantec exited the fiscal first quarter with money, cash equivalents and short-time epoch investments of $2.324 billion compared with $2.162 billion within the prior quarter. The company ended the quarter with lengthy-term debt of $5.032 billion.
throughout the quarter, Symantec generated working cash stream of $334 million.
administration notes that earnings multiply in both business security and buyer Digital protection segments coupled with cost discount initiatives undertaken privilege through the remains of fiscal yr 2019 can own a agreeable own an effect on on operating margin in fiscal 2020.
in particular, the company expects $50 million of restructuring expenses in reference to its procedure to reduce global head count number by means of almost 8%.
although, the company anticipates continuation of longer income cycle to negatively influence business protection revenues. moreover, overseas exchange headwinds own too been factored into the earnings tips. The cost initiatives can own partial own an effect on on operating margins this fiscal.
on the other hand, the business remains confident about its complete cloud protection stack, which comprises Cloud Proxy, CASB, and statistics insurance plan, in addition to multi-factor authentication, expected to profit from the ease of cloud adoption.
For fiscal 2019, Symantec has decreased its assistance. The business now expects non-GAAP revenues within the latitude of $four.670-$four.790 billion in comparison with past guided range of $four.760-$4.900 billion.
Non-GAAP operating margin is projected to subsist 30% in comparison with the past projection of 30-32%.
Non-GAAP earnings per partake are expected to subsist in the latitude of $1.47 to $1.forty seven compared with $1.50-$1.sixty five projected past.
For the 2nd quarter of fiscal 2019, Symantec anticipates non-GAAP revenues in the latitude of $1.one hundred thirty-$1.one hundred sixty billion.
Non-GAAP working margin is projected within the latitude of 30%. extra, management estimates salary between 31 cents and 35 cents on a non-GAAP basis.
Zacks Rank & Key Picks
Symantec at the minute has a Zacks Rank #three (dangle).
a few more advantageous-ranked shares in the broader expertise sector are YY Inc. YY, Science purposes SAIC and Verint programs VRNT, complete wearing a Zacks Rank #1 (strong buy). you can perceive the complete checklist of today’s Zacks #1 Rank stocks here.
lengthy-term revenue multiply for YY, Science purposes and Verint is projected to subsist 26.four%, 5% and 10%, respectively.
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As facts breaches proceed to rise, U.S.-based mostly corporations are increasingly adopting encryption to cozy their IT infrastructures, and their leading understanding is to conform to privacy and statistics protection regulations, a brand original study has discovered.
during the past, protecting data and mitigating information breaches drove encryption adoption. This yr, for the primary time, regulatory compliance became the upright explanation for imposing encryption technologies, according to the Ponemon Institute’s annual “U.S. commercial enterprise Encryption developments file,” which is in its fifth year.
In 2010, 69 percent of the 964 IT and enterprise leaders surveyed observed compliance is their primary driver for encryption, an multiply of 5 percent points from the previous year. Mitigating information breaches fell to 2d location, with 63 percent asserting it became a exact driver for encryption adoption: a drop of 4 elements from 2009 and eight features from 2008.
The consequences exhibit the growing to subsist consciousness that compliance is faultfinding as agencies are attempting to steer limpid of post-breach prison noncompliance penalties, in line with the search at, which become produced at the side of Symantec.
“Compliance is essentially the most crucial cause of doing encryption, and the PCI [Payment Card Industry] security measure and the a considerable number of condition privateness legal guidelines own an defective lot to finish with it,” says Larry Ponemon, chair and founding father of the Ponemon Institute, a research enterprise in Traverse metropolis, Mich.
The PCI usual, which requires bank card transaction protection, is the quickest-starting to subsist understanding for IT organizations to invent exhaust of encryption. The variety of these surveyed who talked about PCI necessities constituted probably the most influential explanation for using encryption has grown greater than fourfold in the past four years, from 15 % in 2007 to 64 percent in 2010. That’s as a result of failure to comply will sojourn away from organizations from doing on-line credit card transactions, the dissect says.
The fitness suggestions Portability and Accountability Act (HIPAA), continues to subsist a key driver of encryption. despite the fact, other traditional drivers—the Sarbanes-Oxley and Graham-Leach-Bliley acts—have lowered in significance because agencies own built-in compliance for these regulations into their generic operations, the examine says.
statistics Breaches on the upward push
normal, the variety of information breaches is expanding, and they're more severe. In 2010, 88 percent of respondents stated they had at the least one infraction throughout that 12 months, a 3-point enhance from the previous year.
more notably, 25 % of organizations suggested that that they had experienced five or more data breaches—a three-point boost from 2009. Forty percent of companies surveyed had suffered two to 5 breaches, while 23 p.c had just one breach. The results expose that cyber-attackers continue to target unprotected facts and cell contraptions, the dissect says.
In other key findings, ninety five % of respondents stated they own been seemingly or very supine to adventure the loss of sensitive or exclusive counsel in the next 12 to 24 months. Of these surveyed, ninety three percent confidence records coverage a vital or very considerable Part of their measure risk management efforts, a 13-element boost from 2009.
due to this fact, greater IT agencies are implementing statistics encryption expertise. In complete, eighty four p.c of respondents own both completely achieved or are in the process of imposing encryption. That’s a two-aspect raise from 2009 and a 5-element boost from 2008.
Ponemon says he expects that encryption adoption will proceed to raise in the coming years as a result of extra americans are working remotely—both from home or on the road—and that they entry information on workstation computer systems and smartphones that might potentially residence fine or confidential suggestions.
Brian Tokuyoshi, a Symantec advertising supervisor who assisted with the examine, agrees. “They’re dealing with tips about personnel, and they can subsist carrying that advice on a computing device,” he aspects out. “You lose the laptop and it’s a knowledge breach.”
Spending extra on Encryption
because conserving facts is an ever-higher priority, IT businesses are spending more cash on encryption technologies. Encryption is the quickest-growing earmark in IT budgets, that means that the expertise is strategic and receives dedicated annual funding. The percent of IT agencies that earmark encryption has grown from 57 p.c in 2008 to 69 % in 2010.
probably the most accepted encryption technologies in 2010 were file server encryption (sixty two percent adoption), full-disk encryption (59 p.c) and database encryption (fifty seven %). As for other areas, laptop electronic mail encryption is used by 50 percentof the respondents, while storage networking and USB glance pressure encryption are used by means of 19 percent.
Voice over IP and mainframes are the least encrypted technologies. simplest 9 percent of the respondents encrypt IP-based phone calls, and 8 p.c encrypt mainframes.Most businesses encrypt statistics at the conclude aspects, the site it touches users, but insurance procedure for the administrative lower back conclusion is rising, the analyze’s authors wrote.
Wylie Wong is a freelance creator for Baseline journal.
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The Alberta Securities Commission (ASC) recently released its decision in the matter of Re Fauth, finding the respondent, Vernon Ray Fauth (Fauth), in infraction of ss. 75(1)(a), 92(4.1) and 93(b) of Alberta's Securities Act, RSA 2000, c S-4 (the Act). The decision offers some considerable insight on issues regarding limitation periods, illegal dealing, misrepresentations, and fraud under the Act. The decision too discusses the exhaust of hearsay evidence in proceedings before the Commission; specifically, the exhaust of transcripts of witness interviews conducted by the Alberta Securities Commission Staff (Staff) in the course of their investigation.Facts
Fauth operated a monetary and estate planning business through Fauth monetary Group Ltd. (Fauth Financial), a corporation licensed to sell insurance and mutual funds. Fauth was too involved in a number of other corporations and limited partnerships:
From November 2002 through November 2012, Espoir issued approximately $15 million in debentures (Debentures) to over 70 investors in Alberta, British Columbia, and Ontario. In soliciting investments, Espoir distributed one-page summaries to investors and potential investors, describing the kinds of investments that Espoir would make. Although there were minor variations in these summaries over the years, they complete represented that Espoir was established to invest in a pool of interest paying investments such as money market, treasury bills, mortgages, GICs and term deposits.
Some of the Debentures were described as "unsecured" (Unsecured Debentures) while the others were described as "secured" (Secured Debentures). The certificate accompanying the latter stated on its face that it represented a "Secured Debenture". The Unsecured Debentures stated in their preambles that "[t]he Debenture is an unsecured obligation of [Espoir] and is specifically subordinated to Senior Indebtedness, as defined herein". "Senior Indebtedness" was defined to comprise complete of Espoir's other indebtedness, apart from the Unsecured Debenture itself and any other subordinated indebtedness. Both Debentures too contained a "No Security" clause stipulating that:
The Holder [i.e., the purchaser] acknowledges that no security interest is granted to the Holder by [Espoir] hereby and the Holder covenants that he shall not search to cause any registration of the Debenture against [Espoir] or its assets in any jurisdiction.
According to Fauth, the only real differences between Espoir's Unsecured Debentures and its secured Debentures were the interest rate and the date of issue. His evidence was that, despite their names, both had "the same" underlying security: "the assets that were in...Espoir...". The Unsecured Debentures typically offered an interest rate of 10.5% while the Secured Debentures typically offered an interest rate of 8%.
In addition to the Debentures, Espoir too issued a number of promissory notes (Espoir Notes). Each had been issued in 2012, had a two-year term and paid 8% interest per annum.
Around 2010, Espoir became unable to repay the Unsecured Debentures as they matured. In response, Fauth began asking the Unsecured Debenture holders to enter into amending agreements, the majority of which reduced the interest rate on those paying 10.5% to 8%, extended the term (usually for a further three years), and changed the timing of interest payments from semi-annually to quarterly.
By mid-2013, Espoir ceased making interest payments to Debenture holders. Espoir's monetary records showed that, as of December 31, 2014, it owed its investors over $12.3 million.
A Notice of Hearing was subsequently issued on May 11, 2016 by the Staff, alleging that Fauth breached statutory prohibitions on engaging in unregistered trading wayward to s. 75(1)(a) of the Act, making a misrepresentation wayward to s. 92(4.1) of the Act and perpetrating a fraud wayward to s. 93(b) of the Act. Twelve witnesses testified at the 12 day hearing before the ASC. These included eight investors, two current members and one former member of the ASC investigative staff and one individual who used to toil with Fauth. Fauth refused to testify, but instead chose to depend on the transcript of his interview conducted by the Staff during the course of their investigation. The Commission allowed Fauth to file the transcript of his investigatory interview, but took into account that Fauth had not made himself available for cross-examination at the hearing and, thus, it could not directly assess his credibility.
A recurring theme in the evidence of complete eight investor witnesses was that Fauth assured them that their transactions were "secure" and represented low risk. He variously represented to the investors that their money would subsist used to invest in "real estate", in "[real estate developments] secured against land registered on title", "in mortgages", "in property around Alberta", and in "shopping centres and business office buildings". Fauth too represented to the various investors that their investment "was about as safe as anything [they] could do", would "be first on title if something happened", and was "a hundred percent secured...by property". Fauth expressly represented to one investor that he would not invest his money in FairWest, the investor being vigilant of the monetary woes of FairWest at the time.
The forensic accounting evidence indicated that between January 1, 2009, and September 30, 2014, $8,453,915.49 was deposited to Espoir's bank account. Of this, $5,851,581.24 was paid in interest and principal to holders of Debentures and Espoir Notes and $2,585,414.87 was paid to non-arm's length parties (including Fauth monetary and FairWest). The forensic accountant concluded that the funds received by Espoir were generally used for three things: (i) to pay interest and principal owed to Espoir investors; (ii) to profit the Fauths through the payment of management fees and transfers to other companies; and (iii) to profit entities related to Fauth or over which Fauth had "significant influence". The evidence further suggested that Espoir often loaned money to non-arm's length parties without written loan agreements or any security.
In terms of the few secured investments/loans Espoir did participate in, the security provided either far-exceeded the debtor's monetary assets or, in the case of loans to non-arm's length parties, the mortgages were discharged without any payment from the mortgagor. Finally, as of the conclude of 2007, Espoir did not hold any third-party mortgages.ASC's Analysis
Based on the evidence before it, ASC establish Fauth in infraction of ss. 75(1)(a), 92(4.1) and 93(b) of the Act.Preliminary Matters
As a prefatory matter, the ASC had to determine the exhaust that could subsist made of transcript evidence of two witnesses who were unable to testify before the ASC. The two witnesses were Espoir investors who were interviewed by the Staff during their investigation. One of these witnesses had passed away, while the other was venerable and too ill at the time of the hearing to testify. Relying on: ss. 29(e) and 29(f) of the Act;1 the relevance of their transcript evidence; the fact that the evidence was given under oath; and the availability for cross-examination of relatives of the two unavailable witnesses,2 the ASC decided to admit the impugned transcripts. The ASC did, however, ascribe less weight to these transcripts as compared to direct evidence of available witnesses.Limitations3
From 2002 through December 16, 2014, s. 201 of the Act provided that "[n]o proceedings under this Part [i.e., Part 16 of the Act, Enforcement] shall subsist commenced in a court or before the [ASC] more than 6 years from the day of the episode of the event that gave ascend to the proceedings." As of December 17, 2014, the section was modified slightly to provide that "[n]o proceedings under this Part shall subsist commenced in a court or before the [ASC] more than 6 years from the day of the episode of the last event on which the proceeding is based."
The ASC concluded, quoting Re Dennis, 2005 BCSECCOM 65 at paragraph 37, that "[w]hen a string of events or transactions in a continuing course of conduct spans a epoch of time, the 'date of the events', in the ordinary sense of that phrase, can only signify the date of the last event in the string that allows staff to allege a infraction of the legislation...". On this basis, the ASC was satisfied that the misrepresentations and fraud alleged in Re Fauth likewise constituted an ongoing scheme and continued course of conduct.4s. 75(1)(a): Fauth Engaged in the business of Selling Securities Without Being Registered
Section 75(1)(a) of the Act prohibits anyone from acting as a "dealer" in securities "[u]nless registered in accordance with Alberta securities laws". The ASC began its analysis by noting that in order to find Fauth in infraction of s. 75(1)(a) of the Act, it must subsist demonstrated that: (i) there was a security as defined in the Act; (ii) there was a trade as defined in the Act in relation to that security; (iii) Fauth engaged in or held himself out as engaging in the business of trading in securities; (iv) Fauth was not registered; and (v) Fauth could not depend on an exemption from the registration requirement.
The evidence was limpid in satisfying the first, the second and the fourth prong of the test. In relation to the third prong, ASC famed the non-exhaustive list of factors contained in Registration Requirements, Exemptions and Ongoing Registrant Obligations (NI 31-103) apropos to determining whether a party has engaged or held itself out as engaging "in the business" of trading in securities. These factors include:
Relying on these factors, the ASC was satisfied that Fauth engaged in and held himself out as engaging "in the business" of trading in securities.
Regarding the final fork of the test, the ASC rejected Fauth's dispute that the Debentures fell under a prospectus exemption and, accordingly, he was exempt from registering with the ASC.5 The ASC was not persuaded by this reasoning, noting that Fauth had the onus to prove the availability of and compliance with complete of the terms of an exemption and he had failed to finish so. The ASC too was not satisfied, as Fauth had argued, that this was a mere technical breach, noting that Fauth was a past registrant with considerable undergo in the capital markets and the associated regulatory environment.s. 92(4.1): Fauth Made Misrepresentations
The ASC began its analysis by noting the test under s. 92(4.1): (i) a statement was made by a respondent; (ii) the respondent knew or reasonably ought to own known that the statement was, in a material respect, untrue or omitted a fact required to subsist stated or necessary to invent the statement not misleading; and (iii) the respondent knew or reasonably ought to own known that the statement would reasonably subsist expected to own a significant effect on the market charge or value of a security.
Based on the evidence before it, the ASC was satisfied that Staff had proven complete parts of the test under s. 92(4.1). Fauth had ensured investors that their investments were secure, low-risk, and would subsist invested in a certain way. Instead, he invested their money in non-arm's length entities with scanty protection for the investments and in circumstances where the investments were far from secure. Further, the misrepresentations were material and had a significant effect on the value of the Debentures since an investor would own been more willing to invest in Espoir when assured that his/her investment was "secure".
s. 93(b): Fauth Committed FraudDuring the apropos time, s. 93(b) of the Act prohibited anyone from "directly or indirectly, engag[ing] or participat[ing] in any act, practice or course of conduct relating to a security...that the person or company knows or reasonably ought to know will...perpetrate a fraud on any person or company".6
The ASC confirmed that the test for fraud under the Act is the selfsame as set out by the Supreme Court of Canada, albeit in a different context, in R v Th�roux,  2 SCR 5, and requires the Staff to prove:
In relation to the actus reus, the evidence was limpid that the investors were misled, their funds were exposed to the risk of loss, and then, ultimately, they suffered actual loss. Further, investors were not informed that their funds were exposed to a risk of loss that they did not anticipate, and, ultimately, were lost.
Finally, in terms of mens rea, the ASC was satisfied that Fauth had subjective knowledge of his prohibited acts and the consequences and potential consequences of these acts.Key Takeaways
Re Fauth provides a useful summary of the test for establishing liability under each of ss. 75(1)(a), 92(4.1) and 93(b) of the Act.
Re Fauth is too a useful reminder that the rules of procedure and evidence applicable before the ASC are more relaxed than those applicable in a criminal trial before a court. As the ASC noted, in relation to a respondent's skill to cross-examine a witness:
[I]n a regulatory context such as this, natural justice and procedural fairness finish not necessarily decree that an occasion to cross-examine must subsist provided, as long as a party is given "a reasonable occasion to observation on and challenge such evidence" in another pass (citing Re Arbour Energy Inc., 2012 ABASC 131 at paras 49 and 52).
Further, the ASC was limpid in noting that a respondent seeking to depend on a registration exemption must invent a reasonable, earnest ail – or hold whatever steps were reasonably necessary – to fullfil himself that the exemption was available at the time of the trade of the security (citing Re Cloutier, 2014 ABASC 2 at para 308). Bald assertions of the presence of an exemption, or reliance on legal advice vis-�-vis the ostensible exemption, is not sufficient. Moreover, evidence is required to prove reliance on legal advice.
In terms of misrepresentations under the Act, the panel in Re Fauth reiterated that it is not necessary to prove reliance by specific investors on any specific statements or omission alleged to constitute a misrepresentation. Accordingly, what matters is the misrepresentation, the representor's knowledge of the misrepresentation and the effect of the misrepresentation on the market charge or value of the security.
On the issue of fraud, ASC emphasized that it is unnecessary to prove that the accused knew that what he was doing was wrong or that he intended to cause someone else to incur a monetary loss. complete that is required is proof that the respondent intentionally committed the prohibited acts knowing that the consequence could subsist deprivation, including the risk of deprivation. Moreover, evidence of personal profit is not required.
1 Section 29(e) of the Act stipulates that an ASC hearing panel "shall receive that evidence that is apropos to the matter being heard". Section 29(f) provides that "the laws of evidence applicable to judicial proceedings finish not apply to a hearing before the ASC". These sections allow the admission of complete apropos evidence, including hearsay, subject to the rules of natural justice and procedural fairness and the ASC's discretion.
2 These relatives too had invested in Espoir. They had personal knowledge of the unavailable witnesses investments and interactions with Fauth and gave viva voce evidence before the ASC during the hearing.
3 The ASC was not required to deem whether the alleged breaches of s. 75(1)(a) in the Notice of Hearing were limitation barred since these occurred after May 11, 2010 and were therefore within the six-year limitation period.
4 The ASC too relied on the British Columbia Securities Commission's decision in Re Williams, 2016 BCSECCOM 18 in concluding that the misrepresentation and fraud allegations were not statute barred. In Williams, investors loaned money on the representation that it would subsist "put into safe investments". Instead, the funds were used for other purposes, including payments to earlier investors. The panel in Williams concluded that it was a Ponzi scheme involving ongoing acts of deceit which persisted until the scheme collapsed. Accordingly, it was establish to constitute a continuing course of conduct, not anyone which was held to subsist statute-barred.
5 The Debentures contained language whereby the subscribers, by signing, ostensibly acknowledged that Espoir was a "private issuer" and warranted that they either were family, friends or proximate business associates of a "director, senior officer or control person" of Espoir (i.e., Fauth) or were accredited investors. If proven, these facts could own established that a prospectus and registration exemption was available prior to September 28, 2010. A number of the investors, however, were neither family, friends or proximate business associates of Fauth nor accredited investors at the time they purchased their first Unsecured Debenture in July 2006.
6 Section 93(b) now too prohibits an "attempt to engage or participate in any act, practice or course of conduct relating to a security ...that the person or company knows or reasonably ought to know will...perpetrate a fraud on any person or company".About Norton Rose Fulbright Canada LLP
Norton Rose Fulbright is a global law firm. They provide the world's preeminent corporations and monetary institutions with a full business law service. They own 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.
Recognized for their industry focus, they are tenacious across complete the key industry sectors: monetary institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.
Wherever they are, they operate in accordance with their global business principles of quality, unity and integrity. They train to provide the highest feasible measure of legal service in each of their offices and to maintain that smooth of quality at every point of contact.
For more information about Norton Rose Fulbright, perceive nortonrosefulbright.com/legal-notices.
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The content of this article is intended to provide a generic usher to the subject matter. Specialist advice should subsist sought about your specific circumstances.
The Alberta Securities Commission. Herald file
A Calgary man who defrauded investors looking to buy shares in Facebook Inc. has been sanctioned by the Alberta Securities Commission and declared a “serious risk to the investing public.”
Nelson Peter Bradbury raised more than $1.5 million under investment agreements he sold from approximately January 2010 to March 2013. In some cases, according to a statement of admissions, he falsely told investors he had an inside track on Facebook Inc., and their money would subsist used to acquire shares in the convivial media giant prior to its initial public offering in May 0f 2012.
An ASC panel establish Bradbury used approximately half of investors’ money to trade in his brokerage accounts, generating considerable losses. He too diverted at least $370,000 of investors’ money for personal use, including “household, grocery, clothing, restaurant, entertainment, vacation and recreational expenses” and “mortgage, tax and utility payments.”
The panel concluded Bradbury illegally traded and distributed securities, engaged in fraudulent conduct and misled the ASC. The panel ordered that he pay back $370,000 obtained as a result of his non-compliance with Alberta securities laws, pay an administrative penalty of $150,000 and investigation and hearing costs of $13,000, and subsist subject to an array of permanent market-access bans.
The panel famed the seriousness of Bradbury’s misconduct, the personal profit derived from that misconduct, and his prior history of market misconduct (a 2001 admission of illegally raising money) supported “strong measures of specific and generic deterrence.” It was also convinced Bradbury “is, and will remain, a earnest risk to the investing public unless removed from the capital market forever.”
By Lenie Lectura
Power rates are expected to surge by 6.5 centavos per kilowatt-hour (kWh), or an equivalent of P13 for a household with an average monthly consumption of 200 kWh, every month for six months starting May in Luzon. The selfsame rate hike will subsist applied for 36 months in the Visayas and Mindanao.
The impending rate hike, which will subsist reflected in the transmission component of an electric bill, was a result of a petition filed by the Power Sector Assets and Liabilities Management Corp. (PSALM) to recover P6.9 billion, including taxes, in differential ancillary service charges (ASC) from the National Grid Corp. of the Philippines (NGCP) incurred between March 2008 and October 2009.
However, the Energy Regulatory Commission (ERC) did not comprise the taxes in its computation when it arrived at a decision. “The commission has approved the recovery scheme for P5.2 billion, exclusive of VAT (value-added Tax),” ERC Chairman Jose Vicente Salazar said in a text message.
Of the P5.2 billion worth of differential ancillary charges that the commission approved, P1.5 billion must subsist recovered from the Luzon grid in six months, P1.9 billion in the Visayas in 36 months and P1.8 billion in Mindanao.
This is lower than what PSALM asked for. The approved recovery epoch is too longer than what the condition firm stated in its petition.
“Interest was disallowed. Also, a longer recovery epoch will apply,” ERC Spokesman Rexie Digos said. “[The] case had been deliberated and the order is forthcoming,” he said.
The estimated rate repercussion of the approved absolute amount for recovery of P5.2 billion is 6.5 centavos per kWh to the customers, Digos said, adding that the amount would subsist collected from consumers until the absolute differential amount per grid has been completely recovered.
When sought to observation on how this original rate adjustment will affect the 5.8 million customers of the Manila Electric Co. (Meralco), Lawrence Fernandez, the utility firm’s head for utility economics, said, “that would subsist equivalent to around P13 in the bill each month.”
“If the collection will subsist spread over six months, then the total amount to subsist collected would subsist P78 for a typical household consuming 200 kWh,” Fernandez said in an interview.
Once the order is out, NGCP will own to bill the power distribution utilities (DUs) nationwide, including Meralco. Then, the rate repercussion will subsist reflected after one month in the bills of end-users. The repercussion will mainly subsist felt as Part of the transmission charge.
The BusinessMirror reported on Monday that PSALM, in its eight-page application filed with the ERC, wants to recover P6,888,065,922.01 worth of ancillary services differential to subsist collected in a month for Luzon grid and six months in the Visayas and Mindanao grids.
When broken down, P2 billion will subsist collected in the Luzon grid; P2.5 billion in the Visayas; and P2.4 in Mindanao, the application stated.
Salazar, in the selfsame text message, said the implemented rates in 2008 and 2009 were establish to subsist lower than the approved rates of the ERC, “thus, the difference.”
In October 2009 the ERC issued a provisional authority (PA) allowing the National Power Corp. (Napocor) to saturate NGCP for the provision of ancillary service, pending approval of the Ancillary Services Procurement Agreement (ASPA) between the Napocor and NGCP.
A year later, or in March 2010, the ERC made permanent the provisionally approved ASPA rate to subsist efficacious from the April 2008 billing epoch (March 26, 2008 to April 25, 2008) until the issuance of the PA on October 12, 2009.
At the selfsame time, the ERC directed the Napocor and NGCP to submit additional recoverable ASC differential amount, which is the inequity between the ERC-approved AS rate and National Transmission Corp.-calculated AS rate. They were too asked to submit a collection scheme for the April 2008 to October 2009 billing period.
The Napocor and NGCP both complied.
The Napocor, in its compliance with manifestation, seeks to recover P6,048,276,707.00 in ASC differential amount for the said period. NGCP, meanwhile, stated in its compliance with manifestation that the AS differential amounts to P5,286,853,359.62. The grid operator too submitted its proposed billing and collection scheme of one month for Luzon grid and six months for the Visayas and Mindanao grids.
Then, in May 2011, the Napocor filed its manifestation and motion for the ERC’s approval of the AS differential amount based on the updated data submitted by NGCP.
In the said motion, the Napocor famed that the principal AS differential amount of P5,286,853,359.62 now reconciles with the amount submitted by NGCP. Accordingly, in January 2012, the Napocor filed before the ERC a motion to resolve its May 2011 manifestation and motion for the approval of the total AS differential amount of P6,888,065,922.01 composed of the principal AS differential amount, interest and value-added tax.
By virtue of the asset-debt transfer between the Napocor and PSALM and pursuant to section 49 of Epira, PSALM intervened in the instant proceeding through a petition for intervention in July 2009.
AS provides essential in maintaining power quality, stability and security of the power grid. They stabilize electricity supply and avert system-wide blackout, and regulate the volume of electricity delivered to end-users. In emergency cases, when a power plant breaks down, for instance, AS providers invent backup plant readily available.
In a comment, the NGCP said AS are needed to ensure reliability in the operation of the transmission system and, consequently, in the reliability of the electricity supply in the Luzon, Visayas and Mindanao grids.
“It is the responsibility of the NGCP to adequately serve generation companies, distribution utilities and suppliers requiring transmission service and/or ancillary services through the transmission system,” the grid operator said.Lenie Lectura
She studied at Letran College. Named the Best Telecommunications and Energy reporter by Ejap in the past years; too received an award for best feature story.Latest posts by Lenie Lectura (see all)
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