MELBOURNE, Aug 12 (Reuters) - Peabody Energy ( BTU ) is
set to reveal on August 19 whether it will continue with its
$3.78 billion bid for Anglo American's Australian coking
coal mines, as time ticks down for it to renegotiate a lower
price for the deal.
The U.S. miner last year agreed to buy the mines in
Queensland's Bowen Basin, the world's top coking coal region, as
part of its move into becoming a coking coal producer.
But in March, the Moranbah North mine was closed due to high
gas levels, leading Peabody to trigger a clause that allows a
party to break or renegotiate a deal if a significant negative
event occurs between signing and completion. In this case, it
gave a 90 day consultation process which expired on August 3.
Since it has not reached a revised agreement with the
seller, Peabody intends to provide an update on August 19, it
said at its results.
"We believe a last minute deal has become less likely, and
our base case now is that this goes to arbitration," Jefferies
said in a note on Monday. The broker estimates a $316 million
value hit if the Moranbah North mine is able to be ramped back
to full capacity within three months from Sept 1.
Anglo says the event does not qualify as significant since
damages and downtime are likely to be limited. CEO Duncan
Wanblad has said it is confident in its legal position, is
prepared to rerun a sale process and next steps were up to
Peabody.
Part of the standoff is because it is unclear when the mine
will be able to restart while the state regulator assesses its
safety. The regulator did not provide a timeline when contacted
by Reuters but said the mine was undergoing a "staged approach"
to reentry as it prioritised worker safety.
For Anglo, any arbitration would push back its restructure,
and may raise concerns around mine management and choice of
buyer. Another process would attract strong interest from
previous bidders but would push back completion of a sale into
2026, Wanblad said.
For Peabody, ending the deal would ease the pressure of
looming repayments to a $2 billion dollar bridge loan due from
late November. Peabody posted a second quarter loss as coal
prices fell by a third from a year earlier. Peabody did not
immediately comment outside office hours.