Mediation Successful; Mirant and Taxing Authorities Settle Disputes
November 28 2006 - 10:00AM
PR Newswire (US)
CAMBRIDGE, Mass., Nov. 28 /PRNewswire/ -- In the early hours of
Sunday morning, New York subsidiaries of Atlanta-based energy
company Mirant Corporation and Haverstraw-Stony Point Central
School District, Town of Haverstraw, Town of Stony Point, and
County of Rockland resolved long-running tax disputes concerning
two of Mirant's power generating plants. The parties reached an
agreement in principle, signing a Term Sheet at 1:48 AM on November
19. The disputes dated back to 1995, and have worked their way
through both state and federal courts. Problems intensified after
Mirant and its New York subsidiaries filed for Chapter 11
bankruptcy in 2003. Negotiations picked up in recent weeks, and the
parties began meeting in person with the mediator on Friday morning
at the Harvard Law School in Cambridge, Massachusetts. They
negotiated all day on Friday, returning early on Saturday morning
and negotiating into the early hours of Sunday, when a deal was
struck. Mediator Elizabeth Warren, Professor of Law at Harvard Law
School, had praise for all those involved: "The problems were
complex, and the negotiations were difficult. But all parties
worked extremely hard to find the best possible solution." Warren
added, "The representatives of Haverstraw, Stony Point and Rockland
County were aggressive as they worked to protect the homeowners and
school children who depend on tax revenues from the Mirant plants.
They were tough negotiators, but they also recognized the enormous
gains that would come from settling this very expensive and long-
running litigation. I was deeply impressed by their skills and
professionalism, and by their dedication to the welfare of their
communities." At the mediator's direction, details of the agreement
will remain confidential until the final papers are signed. The
mediator has also insisted that the discussions during the
negotiations remain confidential. "What matters is the very good
outcome," said Warren. "Both sides can stop hemorrhaging money for
legal fees and can work with stable financial projections. The
agreement resolving the existing tax disputes will allow the New
York subsidiaries of Mirant to exit bankruptcy, and it will provide
the taxing authorities with a much more stable revenue base. This
is a win for everyone." DATASOURCE: Harvard Law School CONTACT:
Jane Wagner of Harvard Law School, +1-617-495-3101 Web site:
http://www.mirant.com/
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