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nouveaux changements :India panel to recommend royalty shari
Sat May 28, 2011 3:51am EDT
By Nidhi Verma
NEW DELHI, May 28 (Reuters) - A government panel will recommend that the operators of Cairn Energy's key Indian oil field must share the royalty burden in proportion to their stake in the project, a government source said, which could derail Vedanta Resources' $9.6 billion deal for Cairn's India unit.
Cairn Energy agreed in August to sell a majority stake in its Cairn India unit to London-listed Vedanta, but the deal has been delayed due to a dispute over royalty payments with Cairn India's partner in the Rajasthan project, state-run Oil and Natural Gas Corp .
"There was a unanimous recommendation that Cairn-Vedanta be given conditional approval and ONGC's interest should be protected, which means the companies would pay cess and royalty in proportion to their participating interest," the source present at a Friday panel meeting told Reuters.
ONGC, which has a 30 percent stake in the Cairn-operated Rajasthan fields in western India, pays 100 percent of the royalty. Sharing the royalty burden and treating it as a cost for developing the field would effectively reduce the Cairn stake's profitability.
Indian Oil Minister S. Jaipal Reddy on Friday said the panel's recommendation would be sent to India's cabinet in two weeks, further delaying a deal widely seen as a litmus test for foreign investment in India.
Reddy did not say what the recommendation would be, but Reuters reported late on Friday that it would be conditional approval of the deal. [ID:nL3E7GR2OA]
Any change in the royalty structure would affect valuations and could jeopardise the deal, analysts have said. India's oil ministry has been pushing to share the royalty burden between ONGC and Cairn India, a move opposed by both UK-based Cairn and Vedanta.
"How can ONGC pay 100 percent royalty and get 30 percent profit," the source told Reuters on Saturday, adding that at an output rate of 175,000 barrels per day and an average price of $75 per barrel, ONGC's royalty burden could rise to 180 billion rupees ($4 billion) over 10 years.
"Whatever profit ONGC would have got for its 30 percent stake would have been wiped out by this burden," said the source, who declined to be identified because the panel's decision has not been made public.
Cairn and Vedanta must agree to the government's conditions for the deal to be cleared by New Delhi, the source added.
Cairn India currently pays 70 percent of cess liability under protest and has filed an arbitration case. The panel also recommended that Cairn should withdraw this arbitration as a condition of the deal winning approval, the source said.
Earlier this month, Cairn extended the deadline for finalising the sale of a majority stake in its India unit for a second time, but did not set a new date.
VEDANTA MOVES AHEAD
Despite the delays, Vedanta has gone ahead with an open offer to Cairn India's minority shareholders, in which it acquired 8.1 percent of equity. It also snapped up another 10.4 percent from Malaysia's Petronas last month as part of a wider effort to gain greater exposure to India's oil reserves and surging demand in the country. [ID:nSGE73J002]
Vedanta this week raised $1.65 billion by issuing bonds.
If the deal with Cairn goes through, Vedanta will join BHP Billiton as the only major miners with significant oil interests.
The deal would enable Cairn Energy to focus on exploration in Greenland, where it hopes to open up a new oil province with huge potential reserves, while also allowing it to return substantial amounts of cash to shareholders.
Cairn India has the potential to almost double current production to about 240,000 barrels of oil per day, Vedanta has said. That accounts for around a quarter of India's output and allows it to benefit from rising demand spurred by industrialisation and economic growth.