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AgeOfReason

12/02/20 8:02 PM

#30001 RE: krays #29998

Thanks. On page S-6 of the Prospectus (https://www.sec.gov/Archives/edgar/data/886128/000110465920131147/tm2037248-3_424b5.htm ) I notice it says:

"Shared Clean Energy Facilities Project Awards

On September 29, 2020, we announced multiple project awards by the local Connecticut electric distribution companies totaling 11.2 megawatts (“MW”), as part of the state-sponsored Shared Clean Energy Facility program. After reaffirming the project selection process on multiple occasions, on November 16, 2020, the Public Utilities Regulatory Authority (“PURA”) inexplicably reversed itself and issued a ruling ordering one of the local electric distribution utilities to re-examine and re-evaluate the bids, and submit any revisions to its selected winners on December 4, 2020. We believe PURA’s action to be unlawful and contrary to established precedent. We are evaluating our options in the event that our project awards are not confirmed. However, there can be no assurance that PURA’s action will not result in the loss or modification of some or all of the Shared Clean Energy Facility project awards we previously announced. In addition, there can be no assurance that any such project awards will result in executed power purchase contracts."

That sounds like very bad news and notice FCEL won't know if they are a selected winner, or a looser instead, until December 4, 2020 - one day after the expected closing of the current offering! That makes the timing of the offering sound sneaky to me. What do you think?