taking notes

Things to know: Gastech returns, Fervo Energy secures loan, and apps open for Houston hardtech fellowship

This week, Gastech returns to Houston for the first time since 2019. Photo via Gastech Event/LinkedIn

Editor's note: Dive headfirst into the new week with three quick things to catch up on in Houston's energy transition.

Gastech returns to Houston this week

Gastech, billed as the world’s largest exhibition and conference for the natural gas, LNG, hydrogen, low carbon solutions, and climate technologies, returns to Houston beginning Tuesday, September 17. It'll be the first time the event takes place in Houston since 2019.

“Gastech is a global event that draws tens of thousands of attendees and millions of dollars in economic impact to its host city, and we are incredibly excited to have in Houston," Michael Heckman, president and CEO of Houston First Corp., says in a press release announcing the news last fall.

"The conversation around the future of the energy industry is a different one today than it was just five years ago when Gastech was last here," he continues. "We believe the role Houston is playing in leading the energy transition to a low carbon future makes this an ideal place to host this important global event and we look forward to expanding on the success we had in 2019 when Gastech returns."

The program's full agenda is available online and features a series of climate-focused panels on hydrogen, carbon capture, nuclear energy, grid stability, and more.

Activate Houston opens applications for 2025 cohort

Activate's application is live from now through October 23, and all founders of early-stage, research-backed hardtech companies in Houston are encouraged to apply. Photo via Getty Images

Applications are officially open for a hardtech-focused incubation and fellowship program's second Houston cohort.

Activate's application is live from now through October 23, and all founders of early-stage, research-backed hardtech companies in Houston are encouraged to apply. The Berkley, California-based program launched in Houston last year and recently named its inaugural Houston cohort.

“The Activate Fellowship provides an opportunity for approximately 50 scientists and engineers annually to transform into entrepreneurial leaders, derisk their technologies, define first markets, build teams, and secure follow-on funding,” says Activate’s executive managing director, Aimee Rose, in a news release. “With an average 30 percent annual growth in applications since 2015, we know there is high demand for what we do, and we’re excited to see the talent and impactful ideas that come through the pipeline this year.

The application is available online, and fellows will be selected in April of next year. The 2025 program will begin in June. Read more.

Big deal: Fervo Energy secures $100M for 'world’s largest geothermal energy plant'

Fervo Energy received $100 million loan for its Utah Cape Station project. Photo via fervoenergy.com

Houston-based geothermal energy company Fervo Energy has secured a $100 million bridge loan for the first phase of its ongoing project in Utah.

The loan came from an affiliate of Irvington, New York-based X-Caliber Rural Capital. Proceeds will support construction of Fervo’s Cape Station project, which is being touted as the world’s largest geothermal energy plant.

The first phase of Cape Station, which is on track to generate 90 megawatts of renewable energy, is expected to be completed in June 2026. Ultimately, the plant is supposed to supply 400 megawatts of clean energy by 2028 for customers in California.

“Helping this significant project advance and grow in rural America is a true testament to how investing in communities and businesses not only has local influence, but can have a global, long-lasting impact by promoting sustainability and stimulating rural economies,” Jordan Blanchard, co-founder of X-Caliber Rural Capital, says. Read more.

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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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