29 August 2012

Detroit-based Energy Drink Maker Investigated

by Peak Positions

Original Article appeared in Bloomberg News

The New York attorney general investigating three energy-drink makers including Detroit-based 5-Hour Energy, over marketing practices. 

Attorney General Eric Schneiderman in July subpoenaed PepsiCo Inc., maker of the Amp energy drink, as well as Monster Beverage Corp. and Living Essentials LLC of Farmington Hills, said the person, who declined to be named because the person wasn't authorized to speak publicly about the probe.

The 5-Hour Energy brand dominates the energy shot sector of the market.

Schneiderman's office is investigating the companies' marketing practices and ingredient disclosures, including whether energy drinks are improperly marketed as dietary supplements, the person said. The companies also don't disclose the true amount of caffeine in the drinks, the person said.

A spokeswoman for 5-hour Energy, said the company had no additional comment beyond an earlier bond offering filing.

"We will appropriately disclose any new, material information," she said Tuesday.

The parent company of 5-Hour Energy is putting together a $400 million bond offering to help it expand its product line and explore strategic acquisitions, according to the July bond documents.

In March, Living Essentials founder and CEO Manoj Bhargava joined the Forbes magazine's worldwide billionaire's list.

20 August 2012

Russian Activists Sue Madonna

by Peak Positions

Original story posted by the Associated Press

Russian anti-gay activists are suing Madonna for millions, after claiming they were offended by her support for gay rights during an August 9th performance in St. Petersburg.

Anti-gay sentiment is strong in Russia. In St. Petersburg, a law passed in February makes it illegal to promote homosexuality to minors, and the author of that law has pointed to the presence of children as young as 12 at Madonna's concert earlier this month.

Russian news agencies quote an attorney representing the nine activists, as saying the suit was filed Friday against Madonna, the organizer of her concert, and the hall where it was held, asking for damages totaling 333 million rubles, or nearly $10.5 million.

Responding to criticism that the plaintiffs were stuck in the Middle Ages, the lawyer said they were using civilized, modern methods to defend their rights. "No one is burning anyone at the stake or carrying out an Inquisition," the attorney was quoted as saying. "Modern civilization requires tolerance and respect for different values."

The complaint includes a video taken at the concert showing Madonna stomping on an Orthodox cross and asking fans to raise their hands to show the pink armbands in support of gays and lesbians that were distributed among the audience, the new agency reported.

Madonna's spokeswoman did not immediately respond to emails asking for the singer's reaction to the lawsuit.

Madonna also has angered conservative Russians with her support for punk band, Pussy Riot. Three members of the band were sentenced Friday to two years in prison for a protest inside Moscow's main cathedral against Vladimir Putin and his cozy relationship with the Russian Orthodox Church.

Madonna called on those who support freedom to condemn the unjust punishment handed down to the band.

Millage Sought to Offset Decline in Property Taxes

by Peak Positions

Original article appeared in the Detroit News

Wayne County, like much of the state, has witnessed an exceptional decline in property taxes. Residents of the WC Community College District will be asked in November to approve a millage of 1 mill for 10 years to offset the decline.

The community college — which has an enrollment of about 72,000 students on five campuses — has lost more than $30 million over the last two and a half years. The Chancellor attributed the loss to the economy and property devaluations, foreclosures and residents leaving Detroit. Unlike state universities, community colleges depend primarily on property taxes for operating revenue, along with tuition.

"We won't survive without it," said the Chancellor. "We just don't have a choice. It's about sustainability."

The 1 mill would cost a homeowner of a $50,000 home about $25 annually.

If approved, the mill would raise $18 million for the college's $103.5 million budget.

The remaining $12 million lost will be made up "creatively," according to university officials.

One item on the table is possibly closing the community college's eastern campus on Conner Road near Interstate 94.

Earlier this year, WCCCD raised tuition by $10 per credit hour, from $89 to $99. The increase means that students taking a 12-credit load will pay about $120 more per semester, officials said.

WCCCD currently levies 2.2 mills on residents in 36 townships and cities in Wayne County. One of the mills is permanent; the 1.2 mills is a 10-year millage that expires in 2015. But the community college cannot wait to seek a renewal.

The Chancellor said he hopes voters will approve the additional mill, and he expects they will.

"People recognize the importance of what we do," he said.

But not everyone agrees.

"I believe in education and I believe people need to get training," said one member of the Wayne County Taxpayers Association. He went on to accuse the District of wasting and abusing taxpayer funds.  

Young Entrepreneurs at Disadvantage

by Peak Positions

Original article appeared in the Detroit News
Innovative businesses often face a variety of challenges starting out. This is the case in Michigan and around the country (stories and litigation are bubbling over, from Chicago's gourmet donut trucks to New Orleans' new-wave Latin American cuisine) in the form of mobile food vendors — often run by immigrants, young entrepreneurs and people forced out of bricks-and-mortar restaurants since the recession. Cities are scrambling to protect their profitable existing restaurants from "competition" through expensive licenses and location prohibitions on food trucks — leading to the sad, now-national case of a 13-year-old hot dog entrepreneur in Michigan.

In claustrophobic business environments, those who are creative will try and find ways to better their situation. In 13-year-old's case, he mowed lawns until he could afford to buy a hot dog cart. As his parents are both unemployed, his mother due to her epilepsy and his stepfather (who suffers from multiple sclerosis) due to recent layoffs, it was essential that the boy pitch in. After investigating permits and saving for equipment, Nathan was told on his first, proud day of business that despite the property owner permitting him to operate in his private parking lot, he was being shut down because he was violating the city's zoning ordinance.

The Holland mayor told the boy that the ordinance was to protect downtown restaurant owners, who asked that the "success of the downtown district not be infringed upon by those who don't share in the costs of maintaining the attractiveness of that space." The boy and his mother have moved into a homeless shelter due to depleted funds. His stepfather cannot join them due to his MS, which requires narcotic treatments not allowed in the shelter.

Repressing the human entrepreneurial spirit with restrictions and punishments provokes fear.

What will restaurants need protection from next? There's always popcorn in movie theaters, or vending machines, or even the restaurant next door. Michigan is not even the ideal environment for food truck vendors. Many of our cities are in financial decline and losing population. In the 2007 economic census, there were 16,781 restaurants and bars in Michigan, and just 48 "mobile food services."

Yet there are empty, cheap properties in our cities where restaurants can find it much better than they would find in many other states.

But rather than allow organic cooperation between citizens, we tolerate an environment where small business owners are beggars fighting for scraps.

It's as true now as it ever was. If de Tocqueville were still taught in public school history classes, perhaps we'd remember his warning: "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."

Try explaining that to a 13-year-old boy.

Future of Energy


Article originally appeared in Traverse City Record Eagle.
Energy, transportation, and packaging can be high costs for a business. As these costs continue to increase and uncertainty grows, it's important for businesses in our region to look at how to best utilize all available resources and options.
The Traverse City Area Chamber of Commerce works to be a convener to help identify best practices and opportunities. A recent example is DTE Energy's pursuit of a natural gas vehicle fueling station in Traverse City. To the Chamber, it made sense to see what other organizations could benefit from this opportunity, and how it could play a role in the Chamber's objective to keep more money flowing in the region versus exporting it elsewhere.
The Chamber commissioned a study with funding from DTE to look at two of the area's largest transportation providers: Traverse City Area Public Schools and Bay Area Transportation Authority. The  six-month process reviewed current costs for both TCAPS and BATA and compared those costs to best practices used by other agencies around the country. The recently released report found that 20 percent of transit fleets in the United States are using compressed natural gas (CNG) and that more than 2,800 school busses had already been converted to CNG in other districts.
The report looked out 10 years at costs of busses, fuel, infrastructure changes to maintenance facilities, and the cost for a fueling station. The report showed that after an initial capital outlay for the fueling station, both TCAPS and BATA will see savings on fuel costs. These savings will materially impact the daily expenses and services provided by both agencies.
Does conversion work? The Blue Water Transit operation in Michigan's thumb converted its fleet to CNG and saw immediate savings on fuel costs. In other areas around the state DTE has installed more than 16 fueling stations. It's using in excess of 200 CNG vehicles in its own fleet and working to provide fuel for fleets of other businesses.
What's next for developing a CNG station in northern Michigan? Both TCAPS and BATA need to work on a timetable and commitment to phasing in the purchase of CNG vehicles. The report showed that for best cost savings these purchases should be part of the regularly budgeted replacement of current vehicles.
The Chamber believes that there is opportunity in times of economic uncertainty. That means looking at all of the resources available. The Chamber and several of its community partners see the potential conversion of fleets to CNG as one step in the right direction. However, each organization realizes more needs to be done to ensure a reliable energy future. To that extent, the Chamber's collaborative energy policy continues to be relevant and — working with its partners — the Chamber will continue to seek ways to best utilize available resources and develop the region's energy future.


15 August 2012

Harsens Island Stunned as Owner of Only Ferry Service Announces Plans to Retire

Story first reported from freep.com

For the 1,200 full-time residents of Harsens Island, the car ferry run by Champions Auto Service is their only year-round link to the mainland.

They use it to get to work, travel to doctor appointments and go shopping. Children depend on it to get to school.

So residents of the island at the mouth of the St. Clair River were shocked Tuesday when news began to trickle out that Champions' owner wants to retire and shut down the ferry service.

David Byson didn't give the Michigan Public Service Commission a date for when he would end the ferry service.

"That's awful. We have to have a way to get across," said Adele Raska, a 25-year island resident. "Everybody has to go across, whether you want to or not. We have to go to shop, we have to go to doctors, we have to go for everything."

Although many residents have small boats and there is a tiny airstrip on the island, the ferry service is the only public transportation to the mainland, operating even in the midst of winter.

There is only a scattering of restaurants and small businesses on the 16-square-mile island, which is part of St. Clair County's Clay Township. The island's marshy interior is ringed by both year-round and vacation homes, with its population swelling to about 5,000 in the summer.

Byson, who couldn't be reached for comment Tuesday, notified the MPSC in a July 28 letter that he intends to retire.

On Tuesday, the MPSC announced it was launching an investigation into transportation to the island. The MPSC wants to ensure a smooth transition from the current service to whatever service may replace it, said spokeswoman Judy Palnau.

The commission gave Champions Ferry 120 days to submit a proposal for transportation to and from the island, Palnau said.

After that is submitted, the agency's staff will write a report with recommendations by March 1.

Even the township wasn't notified of Champions' intent until the MPSC posted its notice.

"It took us by surprise to us here at the township. We didn't know anything about it," said Clay Township Supervisor Tom Krueger. "The only information we have is on the MPSC website."

There have been threats to close the ferry in the past, Krueger said. Champions also sought a rate hike in May from the MPSC, but was denied.

Ambassador Bridge owner Manuel (Matty) Moroun has talked about building a bridge between the island and mainland, but Krueger said that idea seems to have died as Moroun fights to stop a second bridge to Canada.

"Even though he's a private business, I do believe he's an essential service, and I don't believe the MPSC would let him just shut down," Krueger said of the ferry service.

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13 August 2012

Wind Energy in Michigan 'On the Edge of a Cliff'

Story first reported from freep.com


With the auto industry on the verge of collapse in 2008, former Michigan Gov. Jennifer Granholm and other state officials were eager to diversify the economy and create thousands of jobs by making a big push into alternative energy.

To capitalize on the state's strengths, they focused in particular on the manufacturing of parts for wind turbines.

But four years later, the drive to grow a new sector built on clean energy has lost momentum with little to show, the victim of turbulent industry conditions, Washington politics and what some critics would call misguided government policies.

Several high-profile projects have encountered significant delays and have yet to launch full-scale production. They include a manufacturing plant for large wind turbines in Saginaw, a new foundry in Eaton Rapids to make iron parts for wind turbines and an innovative ethanol plant in the Upper Peninsula.

In late June, one of the state's major solar industry players, United Solar Ovonic, was liquidated.

Even some of the wind turbine parts suppliers that have successfully launched production have seen a sharp drop in orders because of uncertainty over whether a production tax credit that expires at the end of December will be renewed. Ventower Industries in Monroe started building giant wind turbine towers late last year in a new factory, but its business would be three times larger if the tax-credit situation was resolved, said Scott Viciana, the company's vice president.

"The wind industry is on the edge of a cliff," said Matt Kaplan, associate director of IHS Emerging Energy Research, a consulting firm in Cambridge, Mass. Although, wind turbine repair companies are doing well compared to manufacturing companies, because repair is less costly than replacement.

He and other experts predict that 2012 will be a record year for the installation of wind turbines as companies rush to take advantage of the tax credit before it ends. On the flip side, however, the number of installations could plummet to record lows next year, Kaplan said.

The tax credit isn't the only headwind facing wind turbine parts manufacturers. Just like in the solar industry, the wind industry has too much production capacity, which is driving turbine prices lower. That's good for the growth of wind energy but puts pricing pressure on turbine parts suppliers. Kaplan forecasts that the industry is on the verge of consolidation.

In Michigan, the alternative energy industry lost a key proponent when Granholm left office at the end of 2010. She tried to transform the state into a manufacturing hub for wind and other renewable-energy industries, providing millions in grants, tax credits and other incentives to entice companies to the state. A team of economic development officials worked to grow green jobs.

Today, Michigan has 35 wind-related manufacturing plants, according to the American Wind Energy Association. In 2010, the state had nearly 80,000 green jobs, which accounted for 2.1% of its total employment, a U.S. Bureau of Labor Statistics study found.

The growth of the alternative energy industry has always been dependent on government subsidies. Critics, such as the Mackinac Center in Midland, have long opposed this assistance, arguing that these business ventures should be based on market forces.

Under Gov. Rick Snyder, programs specifically designed to spur the growth of the alternative energy industry no longer exist. The state revamped its economic development strategy with the goal of treating all industries equally.

"We're doing what we can to help all industries in Michigan be competitive," said Steve Bakkal, director of the state's Energy Office. He contends that successful companies will be those that are supplying products for multiple industries, not just wind or solar.

But at the moment, several projects that are trying to break new ground in the alternative energy field have run into difficulties.

Two years ago, Northern Power Systems announced plans to manufacture large wind turbines, something that had never been done in the state. So far, the Vermont-based company has made and sold only two prototypes of its next-generation turbines to a wind farm in the Upper Peninsula.

The uncertainty over the future of the production tax credit has caused customers to delay placing new orders, said Douglas Prince, Northern Power's chief financial officer.

The company's leased facility in Saginaw is "kind of in standby mode right now," Prince said. "We're hopeful the market will recover."

In central Michigan, a plan to make iron parts, which are called castings, for wind turbines at a new foundry in Eaton Rapids has also been delayed. The foundry was supposed to open at the end of 2011, promising lower-cost and higher-quality castings. But it ran into management, financing and other problems.

Eaton Rapids Castings hopes to start production this fall but still needs to find additional investors, said Lennart Johansson, the company's CEO and one of its owners.

To offset the uncertainty in the wind business, the foundry plans to make castings for other industries. It has scaled back its initial production volumes.

To be sure, the outlook isn't completely bleak. A few ventures are making progress, most notably Energetx Composites in Holland. The company, which has nearly 80 employees, won an order to build more than 200 large wind turbine blades for a customer it cannot name, said David Slikkers, Energetx's chairman.

He and other family members saw blade manufacturing as a natural fit because they have been building boats for decades as the owners of S2 Yachts. "We have been composite fabricators for 50 years," Slikkers said.

And near the Port of Monroe, Ventower expects to have built 15 towers for large wind turbines by this fall. It occupies a new factory on a former industrial landfill and has hired 53 employees. But the industry slowdown caused by the tax credit situation is holding back its growth.

"I would have orders booked through the bulk of next year if the tax credit was not an issue," Viciana said.

More Details: Hitting a Green Wall

Here are some of the high-profile alternative-energy business ventures in the state that have shut down or run into significant delays:

* Northern Power Systems' large wind turbine plant: The Saginaw plant has yet to launch production and is operating with a skeleton crew.

* Eaton Rapids Castings: Foundry to make iron parts for large wind turbines in Eaton Rapids has been delayed. It is still trying to get financing.

* United Solar Ovonic: The maker of solar roofing materials filed for bankruptcy in February and sold its assets at the end of June.

* Mascoma's cellulosic ethanol plant near Kinross in the Upper Peninsula: Groundbreaking was supposed to occur this summer. The company says construction will start at year's end after engineering design work is completed, contracts are awarded and financing is finalized.

* Astraeus Wind Energy: In 2010, company announced plans to make spar caps for wind turbine blades in Port Huron. It is still in the testing phase.

* Danotek Motion Technologies: Was supposed to start making generators for large wind turbines last year. The company says production will begin this fall in Canton. It has 28 employees, down from 45 at the end of 2010.

For more national and worldwide Business News, visit the Peak News Room blog.
For more local and state of Michigan Business News, visit the Michigan Business News  blog.
For more Health News, visit the Healthcare and Medical News blog.
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For more Real Estate News, visit the Commercial and Residential Real Estate blog.
For more Law News, visit the Nation of Law blog.
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