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Nissan and Carlos Ghosn settle SEC claims over undisclosed compensation

WASHINGTON — Nissan and its former Chief Executive Carlos Ghosn have agreed to settle claims from the U.S. Securities and Exchange Commission over false financial disclosures related to Ghosn's compensation, an SEC statement said on Monday. Nissan will pay $15 million, while Ghosn agreed to a $1 million civil penalty and a 10-year ban from serving as an officer or director of a publicly traded U.S. company, the SEC statement said. Ghosn was arrested in Japan and fired by Nissan last year. He is awaiting trial in Tokyo on financial misconduct charges that he denies. Former Nissan human resources official Gregory Kelly agreed to a $100,000 penalty and a five-year officer and director ban. Nissan, Ghosn, and Kelly settled without admitting or denying the SEC's allegations and findings. The SEC said in total Nissan in its financial disclosures omitted more than $140 million to be paid to Ghosn in retirement — a sum that ultimately was not paid. The SEC also accused Ghosn in a suit filed in New York that he engaged in a scheme to conceal more than $90 million of compensation. That suit is being settled as part of the agreement announced Monday. Nissan confirmed it had settled the allegations and said it "is firmly committed to continuing to further cultivate robust corporate governance." Nissan provided significant cooperation to the SEC, the agency said. The company now has a new governance structure with three statutory committees — audit, compensation and nomination — and has amended its securities reports for all relevant years. The SEC said beginning in 2004 Nissan's board delegated to Ghosn the authority to set individual director and executive compensation levels, including his own. The SEC said "Ghosn and his subordinates, including Kelly, crafted various ways to structure payment of the undisclosed compensation after Ghosn's retirement, such as entering into secret contracts, backdating letters to grant Ghosn interests in Nissan's Long Term Incentive Plan, and changing the calculation of Ghosn's pension allowance to provide more than $50 million in additional benefits." "Investors are entitled to know how, and how much, a company compensates its top executives. Ghosn and Kelly went to great lengths to conceal this information from investors and the market," said Stephanie Avakian, co-director of the SEC's Division of Enforcement.

Nissan not shuttering Leaf EV battery plants, at least not yet

The big news on the electric vehicle front today is that Nissan is considering slowing down EV battery production in the US and UK and source all of Nissan's big packs come from Japan. Nissan may also buy some batteries from the Korean company LG Chem. This is apparently causing dissent within Nissan, but it follows what Alliance partner Renault is doing in the hunt for 180-mile EVs. This change – officially denied by Nissan – raises a lot of questions here, since Nissan made a huge deal about building the Leaf pack in Tennessee a few years ago. In fact, the car's big price drop was due, in part, to localizing battery production. If the company is really going to give up on building the packs where it makes the cars, then does Nissan not see itself as being capable of producing an energy-dense battery cheap enough to compete with Tesla and its Gigafactory and GM (which, of course, has long worked with LG Chem on batteries)? Whatever Nissan decides, it needs to be ready to compete in a market that offers a $35,000, 200-mile car by 2017. "We have not taken any decision whatsoever to modify battery sourcing allocation." – Renault-Nissan's Rachel Konrad Nissan would not comment directly on the reported change, but Rachel Konrad, the Alliance's global director of communications and marketing told AutoblogGreen, "The Renault-Nissan Alliance remains 100 percent committed to its industry-leading EV program. This global commitment continues for the foreseeable future, and we have not taken any decision whatsoever to modify battery sourcing allocation. Nissan has no plans to impair its battery investments. Beyond that,we will not comment on speculation or anonymous sources, and as a matter of policy the Alliance does not confirm or deny procurement reviews." There's a point-of-view where it doesn't matter where the batteries come from if the resulting EV is competitive, price-wise. Renault CEO Carlos Ghosn, after all, said during a recent Twizy test drive that the battery is a means, and the objective is the car. In the end, Nissan is saying it has no near-term or medium-term plan to shutter plants in US or UK and CEO Carlos Ghosn says, "What's important to us is that electric car performance fully meets customer expectations." Whatever's going on, Ghosn has seen three top executives leave the Renault-Nissan family recently.

Nissan sees old Leaf batteries working for stationary energy

Nissan will start working with a Silicon Valley-based company to further explore creating a market in which old Leaf electric-vehicle batteries can be reused for stationary energy storage. In fact, the Japanese automaker will deploy its first network of old Leaf batteries for electricity storage at one lucky Nissan facility this summer. No, we don't know where that facility is either. The Santa Clara, CA-based Green Charge Networks will be a partner in the project. The concept of the "second-life" lithium-ion battery program involves finding ways to reuse batteries that have outserved their usefulness providing power to Leaf EVs. In this project's case, "multiple" Leaf batteries will be linked to provide power during mid-day peak energy demand, when electricity is at its most expensive. Nissan's done these kind of things before, although, as is the case here, they've always been pilot projects. In fact, the Nissan 4R ("Reuse, Resell, Refabricate and Recycle") team that's working with Green Charge Network is actually a joint-venture Nissan formed with Sumitomo Corp. in 2010. Since then, Nissan has sold more than 178,000 Leaf EVs, giving the company a solid inventory of older lithium-ion batteries to work with in the coming years. Take a look at Nissan's press release below. Nissan and 4R Energy partner with Green Charge Networks for commercial energy storage featuring second-life electric vehicle batteries Partnership enables commercial use of second-life lithium-ion vehicle batteries SANTA CLARA, Calif. – Nissan Motor Company and Green Charge Networks, the largest provider of commercial energy storage, have joined forces to deploy second-life lithium-ion vehicle batteries for stationary commercial energy storage in the U.S. and international markets. With more than 178,000 sales since its launch in late 2010, Nissan LEAF is the world's top-selling electric vehicle. As part of the company's commitment to sustainability and reducing greenhouse gas emissions, Nissan has conducted multiple research projects in Japan, the U.S. and Europe to use LEAF batteries outside the vehicle through 4R Energy, a joint-venture with Sumitomo Corp. formed in 2010. In a new stationary storage application powered by Green Charge's intelligent software and Power Efficiency Agreement™, the second-life energy storage unit has a cost advantage over traditional units, opening up new markets where incentive programs are currently not offered.