The Brew Crew lit up the Rocket for five runs in 5 2/3 innings and a big Stros comeback was thwarted as the Brew Crew held on for a 7-6 win on Friday night at the Juice Box.
Clemens uncharacteristically gave up three gopher balls, including a killer 3 run shot by Ben Grieve that landed in the first row of the Crawford Boxes. The Stros battled back gamely after being down 5-0, but Lidge lived dangerously in two innings of work and the Brewers were eventually able to push a run on a sac fly across in the top of the ninth for the game winner.
Tim Redding gets a rare start in the Saturday night game, and Pete Munro has been announced as the Stros’ starter in the Sunday matinee game.
Monthly Archives: July 2004
United busts pension plan payment
United Airlines announced today it would not contribute to employee pension plans while it remains in Chapter 11. This is the first in a number of bold moves that Chicago-based United must take in order to save the struggling airline billions in cash and make it more attractive to the private investors it needs to emerge from bankruptcy protection now that its request for federal subsidies has been rejected.
The action came a week after United skipped a $72.4 million pension payment that it owed to three of its four pension plans, and only a month or so before United faces baking hundreds of millions more in pension payments in September and October. Until that missed payment, United had met all of its pension obligations since filing for bankruptcy in December 2002.
Although difficult, United should go ahead and simply terminate the plans. The plans have enough assets to keep paying benefits to retirees in the short term, but none of the four plans has enough to assure that employees will receive future benefits they have already earned. If the airline abandons the plans, billions of dollars in liabilities for those future benefits will fall on the Pension Benefit Guaranty Corporation, a government-sponsored agency whose finances have already been heavily tapped by the collapse of pension plans at other bankrupt companies in the airline, steel and other industries.
As one would expect, leaders of United’s unions reacted with outrage over United’s decision but, as usual, offered no alternative to the probable liquidation that United faces if it kept making the pension payments. Greg Davidowitch, president of the flight attendants’ union local at United, demanded the following explanation: “Current management should explain to us why the flight attendants should continue to support their restructuring, if this is the best they could do.”
I can answer that one: “So that United can stay in business and provide you and the other flight attendants a job.”
In all likelihood, United’s action was probably a condition of the renewal of its bankruptcy financing (called “DIP financing”), which United advised its Chicago bankruptcy court yesterday that it had arranged. Private lenders and investors will not be willing to invest in United unless the pension obligation was either terminated or dramatically modified. United currently owes its pension plans an estimated $4.1 billion over the next five years.
United is big and many financial institutions have an interest in seeing that it continue as a going concern. However, United is in dire financial trouble, and at substantial risk of liquidation. Even with this latest move, it is not at all certain that United can — or should — make it.
Blakely decision prompts revised Enron indictments
The U.S. Supreme Court’s recent decision in Blakely v. Washington (prior posts here) — which has called into question the Constitutionality of both state and federal sentencing guidelines — has prompted Enron Task Force prosecutors to re-indict defendants in the two Enron criminal cases that are scheduled for trial in the near future.
The Enron grand jury this week reindicted the six people accused in what is known as the “Nigerian barge case” scheduled for trial in August before U.S. District Judge Ewing Werlein and the seven ex-Enron executives charged in the Internet broadband division case scheduled for trial in Houston federal court this October.
Included in both new indictments are allegations that each scheme caused the loss of more than $80 million, an allegation that can add years to a sentence under existing federal guidelines. The new indictments were spurred by the Blakely decision, which held that the state of Washington’s sentencing laws were unconstitutional because they only allowed judges, not juries, to consider factors that increased sentences. Some legal experts have speculated that the decision calls the Constitutionality of federal sentencing guidelines into question for the same reason.
Not explained by the Task Force in the new indictment is how the Nigerian Barge deal — which was a relatively small transaction involving about $12 million in allegedly illegal profit for Merrill Lynch — could have caused $80 million in damages to Enron.
George Mitchell funds grant for UT Alzheimer’s research
Longtime Houston oilman and real estate developer George Mitchell and his wife Cynthia have donated $2.5 million to the University of Texas Medical Branch at Galveston to fund the creation of the George P. and Cynthia Woods Mitchell Center for Alzheimer’s Disease Research, which will coordinate UTMB’s expanded research into Alzheimer’s disease. Mrs. Mitchell has suffered from Alzheimer’s over the past several years.
The new UTMB center will focus on Alzheimer’s but also will conduct research on similar degenerative neurological disorders such as Parkinson’s disease. The Mitchell donation will be combined with other donations and grants to intensify UTMB’s overall neurological research.
Although Mr. Mitchell has long been a major player in Houston independent oil and gas circles, he is best known as the developer and visionary of The Woodlands, the planned suburban community 30 miles north of downtown Houston that Mr. Mitchell started 30 years ago and which now is home to almost 100,000 residents.
Baylor threatens litigation against Methodist
The stakes in the ugly divorce between Baylor College of Medicine and The Methodist Hospital (earlier posts here) that has had medical officials in Houston’s famed Texas Medical Center chattering for months just zoomed through the roof.
As predicted here earlier, Baylor Board of Trustees Chairman Corbin Robertson Jr. sent Methodist’s board a letter on July 20 threatening legal action against the hospital if it doesn’t stop alleged illegal interference with Baylor’s medical business, putting its accreditation at risk by recruiting faculty under contract, evicting it from space, and refusing to negotiate a contract that would allot some faculty and residents to the hospital.
“Baylor and its longstanding programs at all affiliated hospitals will be damaged as a result of Methodist’s actions,” Robertson wrote in the July 20 letter. “It is our fervent desire to maintain or repair our relationship rather than engage in legal debates or worse, but you will, of course, understand the fiduciary obligation of the Baylor board to assure Baylor’s compliance with law and to safeguard our assets.”
Methodist officials reacted to the letter by calling its claims “highly offensive” and “not in the spirit of the Texas Medical Center,” and by saying they have no intention of altering their actions. The now open free-for-all between the two former institutional partners is a remarkable development within the Medical Center community, which has always prided itself on harmonious relations between its various member institutions.
The conflict between Methodist and Baylor has been escalating since the two institutions decided earlier this year to end their 50-year relationship in which Methodist served as Baylor’s primary teaching hospital for medical students and residents. St. Luke’s Episcopal Hospital is Baylor’s new primary teaching hospital, and Baylor is now building its own outpatient clinic. Methodist in turn recently entered into a relationship with Cornell University’s Weill Medical School, which is in New York.
In the wake of their split, conflicts have developed between Baylor and Methodist over a new affiliation agreement, Baylor’s use of space at Methodist, and over retention of staff and faculty physicians. After a Methodist official earlier this year stated publicly that Methodist hospital division chiefs ? most of whom also are Baylor department chairmen ? needed to choose between the two institutions, Methodist’s chief of surgery resigned from the hospital and Baylor’s chairman of pathology resigned from the college. More doctor fallout from the two institutions is expected.
Mr. Robertson’s letter focuses on rank-and-file Baylor faculty, most of whom are under contract. The letter contends that Methodist’s “aggressive recruiting” of those faculty members amounts to tortious interference with Baylor’s contractual relations.
Stay tuned on this front folks. As we say in the legal community: “Let’s get ready to rumble!”
Break’em up
Carlos Beltran went nuclear on the DBacks and Roy O pitched seven solid innings as the Stros won over the DBacks for the second game in a row, 10-3. The loss gave the DBacks their second 11 game losing streak this season. Geez, and we thought the Stros were having a tough stretch.
Beltran drove in three runs with his two yaks and Adam Everett tied his career high with four RBI. Beltran now has 10 homers in 23 games with the Stros, and 25 overall. This game was his third multi-homer game of the season, and he now has 11 in his young career. Man, I wish there was some way that Drayton could figure out a way to keep him around past this season.
Everett had a two-run tater and a two-run single before getting spiked in the eighth inning, which required him to leave the game (the injury did not appear serious). Mike Lamb replaced Everett and promptly hammered a two run yak in the ninth. Must have been something in the air around shortstop today.
Incredibly, the DBacks are now winless since the All-Star break and have lost eight straight at home. They have now lost 16 of their last 18 games. The 2001 World Series Championship is a distant memory.
Roy O picked up his fifth win in his past seven starts with a five-hit, seven K, seven-inning effort. He was dusted up by only a two-run yak that he gave up to Shea Hillenbrand in the sixth.
Finally, in personnel news, the Stros picked up Darren Oliver today from the Marlins’ scrapheap to add another limp arm (at least he’s a lefty) to the bullpen. After 4.66 ERA/-2 RSAA and 5.04 ERA/-5 RSAA seasons (RSAA explained here), Oliver is off to a 6.44 ERA/-15 RSAA start in his first 18 games (8 starts). This essentially means that the Stros are adding a lefthanded Tim Redding or Brandon Duckworth to the pitching staff. Oliver is one of those guys who has made a career out of being a mediocre lefthander. Good work if you can get it, but not exactly the shot in the arm that this Stros club needs.
The Stros now return from their quick trip to the desert with a weekend series against the Brew Crew at the Juice Box. The pitching lineup is the Rocket, Tim Redding, and then probably Pete Munro.
Kling on health care finance reform
Arnold Kling is thinking about health care finance again, and that’s a good thing. The entire article is well worth reviewing, as Mr. Kling does a particluarly good job of summarizing the defects in the America’s health care finance system:
* Many people lack health insurance. This includes Do-Nots as well as have-nots.
* Poor people, although covered by government programs, are not able to access health care providers in a timely fashion. They obtain too little preventive care and consequently make too much use of hospitalization. In order to improve on certain key health care indicators, such as infant mortality, the United States has to find a way to bring poor people under the umbrella of our health care system.
* The system of employer-provided health insurance distorts choices. It makes it costly for people to change jobs, especially to become “free agents.” It puts ordinary firms in the health insurance business, penalizing small firms, for which this is more of a burden. It injects ordinary corporations into the decision-making process of consumers with regard to choice of insurance and even (through “preferred-provider” systems) with regard to choice of doctor.
* Our system tends to subsidize “first-dollar” coverage rather than catastrophic coverage. Catastrophic coverage is like auto insurance that pays in the case of an accident. First-dollar coverage is like auto insurance that pays for gas and tolls. First-dollar coverage results in more paperwork and reduced incentives to control costs.
* People with break-the-bank illnesses, such as diabetes or cancer, cannot switch insurance companies.
* Consumers have little incentive to take responsibility for their health. Smoking and obesity make little or no difference to insurance premiums.
* Consumers have little incentive to take financial responsibility for health insurance. Instead of encouraging consumers to save to pay for the high cost of insurance when they are older, we tell them that they can count on Medicare.
Mr. Kling does not view increasing government’s role in health care finance as a viable option. Rather, he views government’s best role as that of a facilitator of consumer choice:
However, the solution is not to enlarge government’s role. What I would like to see is a role for government in health care that is streamlined, rationalized, and bounded. I call this approach “limited paternalism.”
My belief is that most consumers are capable of making the best decisions about health care most of the time. The buzzword for this is consumer-driven health care.
Mr. Kling’s consumer-driven health care finance system would have the following components:
* Direct provision of health care services to the poor. For example, government-subsidized clinics in poor neighborhoods with nominal charges (say, $10 per visit).
* Aim to switch from a system of employer-provided health insurance to consumer-purchased health insurance, by ending the tax deductibility of insurance for corporations and eliminating requirements that companies provide health insurance.
* Mandatory catastrophic health insurance for all families not eligible for Medicaid. Rather than expand Medicaid and other government programs upward to the middle class, as some Democrats propose, tighten eligibility for these programs and require co-payments for all but the poorest participants. Eventually, phase out Medicaid and replace it with health care vouchers.
* Phase Out Medicare, and instead mandate health care savings accounts (explained in this earlier post). This would change the medical portion of retirement security from a defined-benefit plan, which Congress will tend to pack with benefits that it cannot pay for, to a defined-contribution plan, which is much sounder financially and much fairer generationally.
* Institute government-provided “catastrophic reinsurance” for very high medical expenses. The Kerry campaign has proposed this for expenses of over $50,000 per year. The purpose of catastrophic re-insurance is to enable private insurance companies to compete for business without having to screen out high-cost individuals. Of all the mechanisms for spreading the cost of break-the-bank illnesses among the general public, catastrophic reinsurance would involve the government in the least number of individuals and the least number of medical decisions. While the rest of the Kerry health care plan tends to be the opposite of what I would like to see, this proposal strikes me as a good plank in any health care reform platform.
Read the entire piece as well as Mr. Kling’s follow up blog post on the article. I believe that the Bush Administration and the Republican-controlled Congress’ failure to address health care finance reform in a meaningful fashion is one of the big reasons undermining independent voters’ confidence in the Administration during this political season.
The politics of bashing
Professor Ribstein has been noting the increasingly polarized nature of political debate in America, best reflected by the tendency of many critics of President Bush to eschew fair criticism for ad hominem attacks.
Although Professor Ribstein is correct that Bush-bashing is prevalent, I’m not certain that this is all that unusual. American Presidential campaigns have often been ribald affairs in which strident supporters of one candidate have characterized the opposing candidate as evil, immoral, moronic, or worse.
For example, the campaigns immediately after George Washington‘s terms in office were no picnic, and later, Andrew Jackson‘s opponents used many of the same tactics that the Bush-bashers use now. Even Abe Lincoln endured a good deal of these types of attacks in the 1864 election, and more recently, Barry Goldwater in 1964 and Richard Nixon in 1972 were often characterized as the epitome of evil by their opponents. Particularly during the 1980 election, opponents of Ronald Reagan often portrayed him as an idiot mouthpiece controlled by others.
However, the WSJ’s ($) Alan Murray in his Political Capital column this week may point to the reason that the Bush-bashers are using this particular technique during this Presidential campaign:
To an unprecedented degree, Americans already have decided how they are going to vote in November. Polls differ, but all suggest that between 43% and 45% of voters plan to vote for George W. Bush and won’t give any consideration to John Kerry, and an equal percentage plan to vote for Sen. Kerry, and won’t give any consideration to President Bush.
That leaves just 10% to 15% of voters who say they remain uncertain about how they will vote. And Republican pollster Bill McInturff says his research shows even most of the undecided voters are less malleable than the label indicates. “The polarization is exceptional,” says Democratic pollster Peter Hart. “Even the independents break down into pro-Bush and anti-Bush groups.” Kerry strategist Mark Mellman goes further: “All the evidence suggests we are fighting over less than 10% of the electorate, and probably less than 6%.” Says Mr. McInturff: “I’ve never seen anything like this in my 25-year career.”
Could it be that the Bush-bashers have concluded that their approach is the most effective means by which to persuade a majority of this 10% undecided group? Or is it simply a means by which to maintain the passion of the base of Bush opponents to ensure that base turns out on election day? Or both?
Update: Professor Ribstein notes the difference in the nature of the current Bush bashing with previous President bashing.
The winner of the CenterPoint Energy auction
A group of four of the largest private-equity funds teamed up to win the hotly-contested auction for Texas Genco Holdings Inc., a merchant generating company spun off from CenterPoint Energy Inc., in a deal valued at $3.65 billion. CenterPoint stands to realize $2.9 billion in cash when the deal is closed, likely in the first quarter of 2005. The deal is subject to regulatory approval.
The buyers include Blackstone Group, Hellman & Friedman LLC, Kohlberg Kravis Roberts & Co. LLC and Texas Pacific Group, which have been separately shopping the depressed energy sector.
Among the losing bidders was a group of hedge funds advised by Lazard Freres & Co., which reflects the growing influence of such funds in captial markets. Hedge funds generally invest in stocks, bonds and other financial assets because it is easier to trade in and out of such investments. However, as hedge funds accumulate big pools of capital, they are starting to lend to companies and make longer-term investments in certain companies.
The CenterPoint auction has been widely watched in the power industry because it includes more than 14,000 megawatts of Texas generating plants, which will likely be the largest sale of power assets by a U.S. company this year. The sale comes amid a debate over whether CenterPoint can charge customers to recover so-called stranded costs in plant investments. Under regulatory rate rules, CenterPoint is currently arguing to state regulators that the generating plants it is selling are actually worth much less than what the winning bidders have agreed to pay. If it succeeds in its argument, then CenterPoint would be able to charge its Houston area utility customers higher rates.
Pettitte stops Stros skid
Andy Pettitte pitched a season-high eight innings as the Stros extended the D-Backs losing streak to 10 in a 5-2 victory on Wednesday night at the BOB in Phoenix.
Pettitte (6-3), who was 1-2 in his previous six starts, pitched in Phoenix for the first time since losing Games 2 and 6 of the 2001 World Series for the New York Yankees. He took a five-hit shutout into the eighth in this game before allowing Scott Hairston‘s double and Steve Finley‘s tater, which pulled the D-Backs to 3-2. Brad Lidge made things interesting by walking two in the ninth, but finally secured the save.
Carlos Beltran and Craig Biggio each hit a solo yak for Stros, who had 10 hits, but continued their season long trend of leaving 14 runners on base.
Roy O goes for the Stros tonight as they attempt to put a winning streak together at the expense of the hapless D-Backs. The Stros return to the Juice Box for a weekend series with the Brew Crew after their quick trip to Phoenix.