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Texas sees new EV funding, M&A moves, and more trending Houston energy transition news

Texas scores funding for EV infrastructure — and more top energy transition news. Photo via Getty Images

Editor's note: Looking back on the top news of the week, there are definitely some trends between electric vehicle moves and M&A activity. Scroll below for some of the top headlines that resonated with EnergyCapital readers on social media and daily newsletter this week.

Texas to receive $70M to build EV charging network

The federal grants will fund 47 EV charging stations and related projects in 22 states and Puerto Rico, including 7,500 EV charging ports. Photo by Andrew Roberts/Unsplash

The Biden administration is awarding $623 million in grants to help build an electric vehicle charging network across the nation, and Texas is expected to see a chunk of that funding.

Grants being announced Thursday will fund 47 EV charging stations and related projects in 22 states and Puerto Rico, including 7,500 EV charging ports, officials said.

“America led the arrival of the automotive era, and now we have a chance to lead the world in the EV revolution — securing jobs, savings and benefits for Americans in the process,” said Transportation Secretary Pete Buttigieg. The new funding “will help ensure that EV chargers are accessible, reliable and convenient for American drivers, while creating jobs in charger manufacturing, installation and maintenance for American workers.” Continue reading.

Houston recycling company names new CEO

David Hudson has been named CEO of Elemental Recycling. Photo via LinkedIn

A Houston company that turns recycled plastics into high-purity graphene and hydrogen has named its new leader.

David Hudson has been named CEO of Elemental Recycling. The company, founded in 2019, is an investment of Freestone, a portfolio company of Tailwater Capital. He succeeds Tom Samuels, former CEO and board chair of the company.

"With over two decades of proven expertise in driving strategic growth and profitability across the recycling, waste management, sustainability, and decarbonization sectors, David brings a wealth of experience that makes him the ideal leader to take the reins and guide Elemental into its next phase of innovation and growth," Samuels says in a news release. "I am excited about the possibilities that lie ahead for the company under David's leadership. His proven track record and passion for driving positive change make him the perfect steward for the next chapter of Elemental's journey." Continue reading.

Houston energy PE firm acquires nuclear infrastructure company

Pelican Energy has acquired Container Technologies Industries, a manufacturer of containment solutions for the nuclear industry. Photo via containertechnologies.com

A Houston-based private equity firm has made a strategic acquisition.

Pelican Energy has acquired Container Technologies Industries from a group of private shareholders. CTI is a manufacturer of containment solutions for the nuclear industry and a certified HUBZone small-business whose customers include the U.S. Department of Energy, the U.S. Department of Defense and the commercial-nuclear space. Pelican makes investments in energy equipment and serves oil and gas companies and those in the nuclear sectors. Continue reading.

Texas finishes low on list of EV charging stations despite increased efforts in Houston

California, with its 14,500 charging stations, has more EV charging stations than New York, Florida, and Texas combined. Photo via Getty Images

In a new report that ranked states with the most electric vehicle chargers, Texas falls behind other similarly-sized states

The SmartAsset study looked at the closest EV charging stations equivalent to a trip to the gas station — factoring in each state's population. California, with its 14,500 charging stations, has five times the EV charging stations as New York (3,327), Florida (2,913) and Texas (2,472). While California ranked No. 1 on the list, Texas found itself at No. 41. Continue reading.

Houston energy company to combine with Chesapeake in $7.4B deal

Houston-based Southwestern Energy will combine with Oklahoma City-based Chesapeake Energy. Photo via swn.com

Chesapeake Energy and Southwestern Energy are combining in a $7.4 billion all-stock deal to form one of the biggest natural gas producers in the U.S.

There have been a string of deals in the energy sector, including the nearly $60 billion acquisition of Pioneer Natural Resources by ExxonMobil and a $53 billion deal between Chevron and Hess.

Southwestern shareholders will receive 0.0867 shares of Chesapeake common stock for each outstanding share of Southwestern common stock at closing.

Chesapeake shareholders will own about 60 percent of the combined company, while Southwestern shareholders will own approximately 40 percent. Continue reading.

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A View From HETI

Lawyers for a Tesla shareholder who sued to block the pay package contended that shareholders who had voted for the 10-year plan in 2018 had been given misleading and incomplete information. Photo via cdn.britannica.com

For a second time, a Delaware judge has nullified a pay package that Tesla had awarded its CEO, Elon Musk, that once was valued at $56 billion.

Last week, Chancellor Kathaleen St. Jude McCormick turned aside a request from Musk's lawyers to reverse a ruling she announced in January that had thrown out the compensation plan. The judge ruled then that Musk effectively controlled Tesla's board and had engineered the outsize pay package during sham negotiations.

Lawyers for a Tesla shareholder who sued to block the pay package contended that shareholders who had voted for the 10-year plan in 2018 had been given misleading and incomplete information.

In their defense, Tesla's board members asserted that the shareholders who ratified the pay plan a second time in June had done so after receiving full disclosures, thereby curing all the problems the judge had cited in her January ruling. As a result, they argued, Musk deserved the pay package for having raised Tesla's market value by billions of dollars.

McCormick rejected that argument. In her 103-page opinion, she ruled that under Delaware law, Tesla's lawyers had no grounds to reverse her January ruling “based on evidence they created after trial.”

What will Musk and Tesla do now?

On Monday night, Tesla posted on X, the social media platform owned by Musk, that the company will appeal. The appeal would be filed with the Delaware Supreme Court, the only state appellate court Tesla can pursue. Experts say a ruling would likely come in less than a year.

“The ruling, if not overturned, means that judges and plaintiffs' lawyers run Delaware companies rather than their rightful owners — the shareholders,” Tesla argued.

Later, on X, Musk unleashed a blistering attack on the judge, asserting that McCormick is “a radical far left activist cosplaying as a judge.”

What do experts say about the case?

Legal authorities generally suggest that McCormick’s ruling was sound and followed the law. Charles Elson, founding director of the Weinberg Center for Corporate Governance at the University of Delaware, said that in his view, McCormick was right to rule that after Tesla lost its case in the original trial, it created improper new evidence by asking shareholders to ratify the pay package a second time.

Had she allowed such a claim, he said, it would cause a major shift in Delaware’s laws against conflicts of interest given the unusually close relationship between Musk and Tesla’s board.

“Delaware protects investors — that’s what she did,” said Elson, who has followed the court for more than three decades. “Just because you’re a ‘superstar CEO’ doesn’t put you in a separate category.”

Elson said he thinks investors would be reluctant to put money into Delaware companies if there were exceptions to the law for “special people.”

What will the Delaware Supreme Court do?

Elson said that in his opinion, the court is likely to uphold McCormick's ruling.

Can Tesla appeal to federal courts?

Experts say no. Rulings on state laws are normally left to state courts. Brian Dunn, program director for the Institute of Compensation Studies at Cornell University, said it's been his experience that Tesla has no choice but to stay in the Delaware courts for this compensation package.

Tesla has moved its legal headquarters to Texas. Does that matter?

The company could try to reconstitute the pay package and seek approval in Texas, where it may expect more friendlier judges. But Dunn, who has spent 40 years as an executive compensation consultant, said it's likely that some other shareholder would challenge the award in Texas because it's excessive compared with other CEOs' pay plans.

“If they just want to turn around and deliver him $56 billion, I can't believe somebody wouldn't want to litigate it,” Dunn said. “It's an unconscionable amount of money.”

Would a new pay package be even larger?

Almost certainly. Tesla stock is trading at 15 times the exercise price of stock options in the current package in Delaware, Morgan Stanley analyst Adam Jonas wrote in a note to investors. Tesla's share price has doubled in the past six months, Jonas wrote. At Monday’s closing stock price, the Musk package is now worth $101.4 billion, according to Equilar, an executive data firm.

And Musk has asked for a subsequent pay package that would give him 25 percent of Tesla's voting shares. Musk has said he is uncomfortable moving further into artificial intelligence with the company if he doesn't have 25 percent control. He currently holds about 13 percent of Tesla's outstanding shares.

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