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Sempra Energy — Part 1
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OQ O
UNCLASSIFIED
To: San Diego From: San Diego
Re: 205-SD-72665, 05/10/2011
improvements. Examples of the documents provided related to this
community donation included separate evaluations, comments and
rankings from each of the Advisory Council and Technical
Committee members, minutes from the meetings, request for
matching funds from state and federal governments to maximize the
impact of the donation, donation receipt, requests for bids on
equipment, and invoices of the equipment purchased. The bidding
process in this instance was not performed by the Trust members,
but rather by the beneficiary. For donations where the bidding
process was overseen by the Trust members, the lowest bidder was
awarded the project.
The example municipal donation related to a 09/2008
4,849,754 pesos in-kind donation to the City of Ensenada for 26
patrol cars with radio equipment and a Dodge hatchback. Examples
of the documents provided by Jones Day to support this donation
included the donation request from the Municipal Secretary of
Public Safety, the donation application, Ensenada City Council
records, supplier quotes, Technical Committee meetin j
letter from the Mayor to the Secretary of the Trast,|
stating that the equipment was urgently needed and requesting e
Trust make it a priority, a letter from the Secretary of the
Trust informing the Mayor that the Trust had decided to purchase
the listed equipment, Ensenada City Council agreement to accept
the offered donation of police equipment, purchase order and
invoices for 26 patrol cars, and a donation receipt from the City
of Ensenada. No direct benefit was received by Ensenada
officials related to this donation.
Sempra accounted for the monetary funding of the trust for
book purposes by capitalizing them as part of the LNG plant. The
donations were deducted for tax purposes. The accounting
treatment was done in accordance with Generally Accepted
Accounting Principles (GAAP) in Mexico, and was reviewed and
approved by Deloitte & Touche in the United States and Mexico.
The $7 million that was capitalized is immaterial in relation to --
the total $1 billion investment in the LNG plant.
[ | statea that in Jones Day's review of the Ensenada
Trust; idence was uncovered to indicate there was a quid pro
quo relationship between the funding of the Trust and any
approvals needed from the City of Ensenada for the construction
of the LNG plant, nor was any evidence discovered of payments to
government officials or their relatives. The only relationship
that existed between the funding of the Trust and the building of
the plant was that Sempra would not have invested in a Trust for
UNCLASSIFIED
4
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