NYTimes.com Article: Many in Washington Are Waiting for United's Next Move

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Many in Washington Are Waiting for United's Next Move

December 6, 2002
By EDMUND L. ANDREWS






WASHINGTON, Dec. 5 - President Bush expressed "respect"
today for the decision by a federal panel not to bail out
United Airlines as even the airline's strongest supporters
in Congress said there was little they could do to keep it
from filing for bankruptcy protection from creditors.

But the next round of political warfare over United, the
nation's second-largest airline, is certain to begin almost
immediately.

As the airline's disappointed executives began preparations
for a bankruptcy filing, probably by Monday, Republican and
Democratic lawmakers said that efforts to overturn the Air
Transportation Stabilization Board's decision were unlikely
to succeed.

The real battle will probably be fought over United's next
move, because the board - after refusing on Wednesday to
issue a $1.8 billion loan guarantee - also invited the
airline to revise its current business plan. The question
now is how United will respond, and whether the board will
accept anything less than a drastic overhaul.

"The board was pretty firm," said Senator Richard J.
Durbin, a Democrat from United's home state of Illinois,
who telephoned officials of the board and signed a letter
supporting the airline.

The decision, he said, "leaves United where I personally
think bankruptcy is practically inevitable."

In its decision, the transportation board dismissed
United's business plan as "fundamentally unsound," and
insisted on more drastic cost-cutting and a much broader
revision of strategy than United had proposed with its
plan, which was intended to save $5.2 billion. It hinted
that the company would probably be better off requesting
the loan guarantee as part of a future plan to emerge from
bankruptcy.

But the board did not provide any hard numerical criteria
for a better plan, so it could still decide that fairly
cosmetic changes to the current plan would resolve the
problems.

It will also be under even more pressure than before from
Congress, as top aides to House Speaker J. Dennis Hastert,
a Republican from Illinois, made clear today.

"The A.T.S.B. was created just for cases like United's,"
said Peter Jeffries, a spokesman for Mr. Hastert. "This was
a perfect example of a case where the A.T.S.B. should have
stepped in and provided a loan guarantee. The fact that
they chose not to do so is very disconcerting."

President Bush's spokesman, Ari Fleischer, signaled today
that the White House does not want to interfere. But his
support for the board was less than effusive.

"The president respects the board's decision," Mr.
Fleischer said. "The decision was made on the merits by the
board based on the extensive financial information
available to them and based on the criteria that were
established in the law."

United's Republican and Democratic supporters in Congress
expressed anger and disappointment at the board's decision.
Some asserted that the board had not followed Congress's
intention when it created the board after the Sept. 11
attacks.

"Congress is the entity that set aside $10 billion for this
purpose, and the Stabilization Board has not looked at this
problem from the proper perspective," said Representative
William Lipinsky, an Illinois Democrat whose district is
near United's headquarters, which is close to O'Hare
Airport in Chicago. He is also the senior Democrat on the
House Transportation Committee.

Mr. Lipinsky said United's supporters were discussing
several options, including having Congress try to overrule
the board's decision. United's labor unions began
circulating ideas to that effect today.

But other lawmakers said they had little choice but to wait
for United to come up with a new plan.

"When you create a professional organization, you have got
to respect their decisions unless there has been some
impropriety - and I don't think there has been any of that
here," said Representative Philip Crane, an Illinois
Republican who also pushed for the loan guarantee.

One senior Republican official who supported United's
rescue proposal noted that Congress would have very little
time to pass legislation before United would have to file
for bankruptcy protection.

The stabilization board, which was created shortly after
the terrorist attacks on Sept. 11, 2001, is a tiny and
reclusive office that is supposed to provide loan
guarantees to distressed airlines.

But even before its decision on United, the board's top
priority has been determining whether an airline will be
able to repay the loan. It has rejected five requests for
aid from smaller regional airlines, usually on the ground
that the airline's prospects were too chancy.

"They pushed us hard," said C. A. Howlett, the chief
spokesman for America West, an airline based in Phoenix
that received a $380 million loan guarantee one year ago.
"The majority of the discussions were about the ability to
repay."

In July, the board gave conditional approval for a $1.8
billion loan guarantee to US Airways - but only after
ordering the airline to revise its proposal substantially.
US Airways filed for bankruptcy protection a month later.

Last month, in what should have been a clear warning to
United, the board demanded that the airline provide more
data on a host of assertions: the basis for its rosy
revenue projections; the speed of its cost-cutting; the
extent of its pension liabilities; and the need for
additional investment.

The board's bluntness startled many industry executives,
but it reflected the mindset of the investment bankers who
form its core staff."Their top priority has been on the
ability to repay - that has been the overriding theme,"
said John Heimlich, an economist at the Air Transport
Association.

http://www.nytimes.com/2002/12/06/business/06POLI.html?ex=1040189540&ei=1&en=bdf9ea9c027c9817



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