Sure, but God speed in unpacking the intricacies of SCTY's SPEs/VIEs and HLBV transactions. To me, they are like the sliced and diced tranches of credit default swaps of a decade ago. No one understood them. but their promoters assured the naive they were "can't lose" (aka "no brainer") investments.
Well, they're actually nothing like credit default swaps (CDS), they're more like the tranches of *Mortgage Backed Securities* (MBS) And while I didn't understand those at the time, I do understand them *now* (after months of post-2008 research). It was actually spotting these things on the financial statements of AmEx and going "they're underestimating the default risk" which caused me to bail out of financial stocks at the correct time in 2008.
The key thing with those MBS tranches was the default rate. If the default rate spikes? Lots of money lost. The evidence is that SolarCity's default rate will *probably* remain very low, though there is some concerning news of less-well-underwritten recent transactions. But that's OK because their stated intent is to get out of the lease/PPA business, so this isn't going to propagate or expand (like it did with the MBS).
Another aspect is that MBS tranches were advertised as "AAA" through the miracle of tranching, which was just nonsense; this isn't happening with SolarCity and nobody is treating their solar-lease-backed notes as AAA.
Another aspect is that money market funds were buying these MBS tranches (lending long term!) and then acting as if they were demand deposit accounts (borrowing short term!) -- engaging in maturity transformation banking. SolarCity WAS doing this maturity transformation, it was deadly, and they're getting out of it.
Regardless of what SCTY can lay off to SPEs/VIES, if the underlying leases/PPAs are unprofitable
They're profitable. SolarCity has stated this so many times in so many ways; they have stated that they simply do not sign contracts which are unprofitable; they have had a history of higher prices than their competition; and I believe they're telling the truth about that profit. I don't think they're very profitable, though, and I do think they've been uncompetitive (growth not good). This is why i've been treating the solar business as effectively breakeven.
The solar *financing* business is where the losses get made...
Another issue is :
"Of the more than 300,000 solar power systems the company has installed, the majority are under leases and PPAs and are contracted to generate more than $8 billion in customer payments over the next 20 years, and up to $4.8 billion more with customer renewals after year 20."
So the cost per year to the lessees and PPA purchasers in years 20 to 30 is going to be 20% higher than in years 0-20? This only works if technology stands still and the price from legacy utilities for electrical service sky-rockets. If not, SCTY incurs the obligation after 20 years to remove obsolete systems from the properties.
The renewals are worthless. Nobody's going to renew at the contracted prices. I don't consider there to be any significant liability from the "obligation to remove the systems". More likely, SolarCity will sell the systems to the homeowner for pennies plus the discharge of obligations. Or offer a new PPA at much lower rates.
The pre-renewal income is, of course, contracted; it's going to happen.
With respect to the VIEs, there may be an unrecognized liability exposure:
"The arrangements used are complex and the number of parties that have been willing to invest in tax equity has been limited. As a result, both the administrative costs (in terms of legal and accounting fees) and financing cost (in terms of rate of return required by tax equity investors) are high. As of this writing, tax equity investors require 7.5-9.5% for unleveraged projects. This is the after-tax return to the tax equity investor, net of its tax benefits. The cash return to the tax investor and cost of capital seen by the developer are lower."
The tax equity partner's benefit can generally be determined in advance, except when the tax code changes. This doesn't end up being a liability in general. Particularly since solar panel production is now highly predictable.