U.S. Virgin Islands Governer and Limetree Bay Seal Hovensa Operating Deal
12.02.2015 - NEWS

December 2, 2015 [OPIS] - The U.S. Virgin Islands' (USVI) Governor and Limetree Bay, an affiliate of Arclight Capital, have reached an agreement on and have executed terms of an operating agreement for Hovensa oil storage terminal, according to the USVI's Office of the Governor on Tuesday.


The Governor’s Office said that the deal with Limetree is expected to bring a likely decrease in gasoline prices, given that Limetree has committed to making fuel available to suppliers at local wholesale rack rates.

The deal includes construction of a $6 million asphalt plant, which will in turn lower the local cost of asphalt by as much 75% on the island.

The deal would help bring the need for government borrowing to a halt for at least three to four years and provide for a guaranteed minimum of $7 million payments annually from Limetree.

Gov. Kenneth Mapp had sent the operating agreement to the president of the 31st Legislature, Neville James, for prompt consideration, Mapp’s office said.

The terms include $220 million in an upfront payment to the government of the Virgin Islands and up to $15 million in other payments (as part of a total deal of $36 million).

Limetree has a commitment to operate the oil storage facility for at least 25 years (up to 40 years), and it will hire a minimum of 80 full-time workers, at least 80% of whom must be long-term USVI residents.

The terms also include potentially restarting the refinery and dismantling any part that is not being used.

Limetree is committed to donating 330 acres of land and 130 units of housing along with a vocational school and a community center to the government of the Virgin Islands.

Limetree will pay $150,000 annually as rent for the submerged lands, an increase from the $1 per year.

“Taken together, along with the other benefits, the Agreement represents a total value to the Government and the people of the Virgin Islands for more than $800 million,” said Mapp.

Mapp, accordingly and pursuant to section 7 of the Revised Organic Act of 1954, as amended, for the Virgin Islands of the United States, called the 31st Legislature of the Virgin Islands of the United States into Special Session to be held on Dec. 17, 2015 at 10:00 a.m. to consider the operating agreement.

“The agreement that I have presented to the 31st Legislature represents the Government’s best efforts to ensure that there is continued economic activity at the Oil Refinery and Related Facilities, which is critical to the economic well- being of the Territory and which will bring additional tax revenues, employment and increased commercial activity benefitting the Government and the People of the Virgin Islands,” Mapp said.

Meanwhile, OPIS notes that the Hovensa asset sale process remains mired in controversy.

Limetree Bay was the stalking horse bidder, beating out other interested parties in the auction including Buckeye and about three metal scrapping companies.

Buckeye’s bid for Hovensa terminal assets was $345 million, industry sources said. Although Buckeye’s bid was higher than Limetree, Buckeye’s bid does not include liabilities.

Also, Limetree’s bid was selected and backed by the Virgin Islands Governor’s Office, pushing it ahead of Buckeye, they said.

The Governor’s Office felt that Limetree’s bid was the highest and best bid, meeting both requirements for the Hovensa auction process. This is even though Buckeye had the highest bid, but not the best bid in the eyes of the Governor’s Office.

The Governor’s Office was also impressed with ArcLight’s potential to raise terminal utilization in the future as well as establish a possible path to restart the 500,000-b/d refinery down the road, sources said.

The Governor’s Office also felt that Limetree understood the environmental liabilities linked to Hovensa, and Limetree would be in best position to remediate any environmental issues.

Buckeye’s bid was deemed second best to Limetree, partly due to a walk-away clause in Buckeye’s bid. Buckeye would drop the Hovensa bid if it cannot get an approval for the deal from the Federal Trade Commission.

The bankruptcy court has scheduled a hearing on Dec. 17 to discuss this auction results. The controversy surrounding the Hovensa assets could result in a long- drawn-out hearing at the Senate and/or the courts.

Limetree Bay and Buckeye were only interested in the 32-million-bbl-capacity terminal at Hovensa, and traders had told OPIS previously that the St. Croix terminal has an operational capacity of about 15 million to 16 million bbl. The remaining 50% of the capacity was unused and mothballed.

OPIS reported in September that the earliest date that the Hovensa oil terminal could return to operational status would be at the end of 2016 if everything goes well. That terminal has been shut since February 2015 after a failed asset sale process.

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