south east asia power scenario

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    Changing landscape of theChanging landscape of therisks in power sectorrisks in power sector

    Sohail Hasnie

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    Efficient power sectorEfficient power sector

    matters!matters!

    Efficiently managed power sectorcan deliver:

    Cheaper electricity

    With higher reliability

    Freeing up public resources for other

    priority areas like public schools andhospitals

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    Reform is neededReform is needed

    Reform is needed for efficiencyimprovement, BUT

    Should be tailored to local needs

    Benefit must outweigh cost

    No single solution fits all

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    Independent RegulationIndependent Regulation(Can we apply same regulatory approach?)(Can we apply same regulatory approach?)

    China added

    about 70,000MW this year

    Mongolias total

    installed capacityabout 650 MW

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    Metering of ConsumptionMetering of Consumption(Can we apply same metering solution?)(Can we apply same metering solution?)

    Tokyo CBD needs themost sophisticatedmetering

    Consumption by theserural Tajik houses is lessthan 50 kWh per month

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    Wholesale Electricity MarketWholesale Electricity Market(Can the same approach apply to all countries??)(Can the same approach apply to all countries??)

    Nepal 610 MW installed, 36% of

    power generated by the largest ofthe 10 generators

    Philippines installed capacityabout 14,000 MW, largestgenerator 1000 MW, about 150generators in total

    China installed capacity about500,000 MW with thousands ofgenerators

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    TopicTopic

    Role played by ADB Example of changes in the power

    sector

    Indonesia

    Philippines

    Regulatory risk

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    Unbundling and Reform, Victoria AUSTRALIA

    0.00

    2.00

    4.00

    6.00

    8.00

    10.00

    12.00

    14.00

    16.00

    SECV - 95Expected

    Equivalent,c

    /kWh(2005prices)

    Generation

    Transmission

    Distribution

    RetailCompetition

    Regulation

    Regulation

    Competition

    Unbundled Tariff

    Unbu

    ndlin

    g

    Actual -97

    SECV State Electricity Commission, Victoria

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    Average electricity pricesAverage electricity prices(result of competition)(result of competition)

    Average annual prices (per financial year)

    Year NSW QLD SA SNOWY TAS VIC

    1998-1999 33.13 51.65 156.02 32.34 36.33

    1999-2000 28.27 44.11 59.27 27.96 26.35

    2000-2001 37.69 41.33 56.39 37.06 44.57

    2001-2002 34.76 35.34 31.61 31.59 30.97

    2002-2003 32.91 37.79 30.11 29.83 27.56

    2003-2004 32.37 28.18 34.86 30.8 25.38

    2005-2006 22.12 18.65 25.47 22.57 99.4 22.85

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    Changes in power sectorChanges in power sector

    Reform why it is relevant ? Unbundling what makes sense?

    Regulation what is needed? Privatization when it is viable?

    Regional Regulators Network why?

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    ADBADBssVisionVision

    ADBs goal in the energy sector is toincrease availability and access toenergy, particularly for the poor, in aleast-cost, clean and environmental-friendly manner.

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    We bring money and ideasWe bring money and ideas

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    OfficesOffices

    HQ in Manila, 26 field offices

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    PrioritiesPriorities

    Priority areas: Private sector in development

    Regional cooperation: integration,address shared problems, and poolinformation

    Environmental sustainability: forefront ofdevelopment planning, and reversingdamage

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    Money and Ideas forMoney and Ideas for

    Developing SolutionsDeveloping Solutions

    Technical Assistance Loans

    Grants Co-financing

    Risk Guarantees Equity

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    Recent OperationsRecent Operations

    2000 2003Item

    No. / % Amount No. / % Amount

    Loans, Total ADB 74 5,850m 85 5,918m

    Loans, Energy Sector 8 1,141m 10 757m

    Share of Energy Sector 10.8% 19.5% 11.7% 12.4%

    TAs, Total ADB 233 136.9 239 126

    TAs, Energy Sector 15 9.2 25 15.1

    Share of Energy Sector 6.4% 6.7% 10.5% 12.03%

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    Indonesia: Power SectorIndonesia: Power Sector

    43% of population is without power(roughly 90 million people)

    Looming shortages in Java-Bali grid andoutages elsewhere

    Unsustainable fuel subsidies--about

    $8.2 billion (18% of the totalgovernment expenditure) in 2005

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    Indonesia: Power SectorIndonesia: Power Sector

    Current installed capacity (about 21,800MW) plus the IPPs (3,400 MW) can notmeet peak demand growing at 6.6%

    Additional generating capacity of 1,000-2,000 MW needed annually to meetdemand forecast

    Momentum of reform lost because ofdelay

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    Indonesia: Power SectorIndonesia: Power Sector Electricity Law No. 20/2002 gave long-term

    vision for the sector unbundling of State Electricity Corporation (PLN)

    independent regulation, competition in generation

    and private sector participation

    Constitutional Court annulled the law (Dec04) on grounds that it (unbundling andcompetition) violated the Constitution

    Drafting of a new law is underway

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    PhilippinesPhilippines

    Policy DeclarationPolicy Declaration

    Ensure quality, reliability, security and affordability of electricity

    and accelerated total electrification;

    Ensure transparent and reasonable prices, fair competition and

    full public accountability

    Enhance inflow of private capital, broaden the ownership base

    of power sector by privatization of NPC;

    Assure socially and environmentally compatible energy sources,

    efficient use of energy, promotion of renewable resources anddemand side management;

    Establish strong, independent regulatory body to ensure

    consumer protection and competition in generation.

    Phili iPhilippines

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    PhilippinesPhilippines

    Industry StructureIndustry Structure

    GenerationGeneration

    80%

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    Introduction of CompetitionIntroduction of Competition Establishment of wholesale spot market (within 1 year);

    generation prices market determined not to be regulated

    Market settlement mechanisms will be developed

    Customers with a peak demand of at least 1 MW will beable to choose their electricity supplier immediately;

    consumption of 750 kW, pa within 3 years;

    Every year thereafter, DOE to evaluate performance of

    the market to gradually introduce contestability to others

    No choice for electric co-op. customers for first 5 years

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    Open Access onOpen Access on

    distributiondistribution To be implemented within 3 years provided that:

    wholesale electricity spot market is created;

    approval of transmission and distribution charges;

    implementation of cross subsidy removal scheme;

    privatization of at least 70% of NPCs generation

    Assets;

    transfer of at least 70% IPP contracts to the IPP

    Administrator.

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    Objectives of the ERCObjectives of the ERC

    In the restructured industry ERC will

    promote competition;

    encourage market development;

    ensure customer choice; and

    discourage/penalize abuse of market power.

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    Functions of the ERCFunctions of the ERC

    Key functions:

    promulgate and enforce, Grid Code and Distribution Code including

    standards for Transmission, distribution and suppliers;

    Establish criteria for standard financial capability of companies.

    establish methodology for transmission and distribution charges

    Determine existing cross subsidies until completely removed;

    Regulate retail rates for franchise market of a distribution utility;

    Develop guidelines on accounting separation, pricing methodology,

    asset valuations and consumer protection

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    Functions of the ERCFunctions of the ERC

    Key functions (Contd.)

    Monitor anti-competitive behavior and abuse of market power.

    Ensure generation cost reductions passed on to customers;

    Mange timetable for divestments, if required;

    Regulate operations of the electricity spot market;

    Implement ownership rules including the requirement that

    unlisted generation and distribution sells at least 15% to public.

    Handle consumer complaints and ascertain consumer interests

    establish procedure for dispute resolution

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    Functions of the ERCFunctions of the ERC

    Key functions (Contd.)

    Implement cross ownership rules that limits -

    Ownership by a single company to 30 percent of a

    grid and or 25 percent of the national generatingcapacity;

    Bilateral power supply contracts to 50 percent of

    total demand sourced from an associated

    generator;

    Sourcing of power by bilateral contracts to 90percent of total demand for the first five years

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    Functions of the ERCFunctions of the ERC

    To Develop within one year a universal charge, charged to all

    users, for all forms of cross-subsidies for a period not exceeding3 years, including:

    Payment for NPC and other stranded costs;

    Missionary electrification; equalization of taxes and royalties between indigenous or

    renewable and imported sources energy;

    An environmental charge of P 0.0025/kWh to be used solely

    for watershed rehabilitation and management;

    h d l i

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    Other Powers and PenaltiesOther Powers and Penalties

    Electricity Regulatory Commission-

    can modify the existing grid definition when two or more of thethree separate grids become sufficiently interconnected

    can suspend wholesale electricity spot market in emergency.

    Penalties at the discretion of the court

    Members of the Board of Directors of companies may be fined by

    an amount not exceeding double the amount of damages caused

    or by imprisonment 1 or 2 years or both; Individuals: imprisonment and fine P10,000 to P10,000,000 or

    both

    fines and penalties that imposed by ERC for any violation of ornon-compliance with the Act ranges P50,000 to P50,000,000.

    Phili iPhilippines

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    PhilippinesPhilippines

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    PhilippinesPhilippines -- ReformReform

    ChallengesChallengesPrivatization

    Act requires 70% Genco privatization before openaccess and contestability

    privatization target revised to Jun 06 as perceived

    high risk by investors is delaying the process- Emerging market risk, government and regulatory

    risk, and absence of transition supply contract

    Without the timetable for open access distributorsare unwilling to sign transition supply contracts(vesting contracts)

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    PhilippinesPhilippines -- ReformReform

    ChallengesChallenges

    Wholesale Electricity Spot Market Hardware and software are installed, and trial marketis in progress

    Basic design of the market is sound but initially as anenergy only market, with a limited number ofseparately-owned generators, and large number ofdistributors high price volatility is likely

    Too risky to open the market without vestingcontract in place

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    PRCPRC

    Reform GoalReform Goal

    Divest and restructure power assets,separate generation from transmissionand distribution

    Introduce competition in generation,implement bidding for generationgradually

    Establish independent and efficientelectricity regulatory system

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    PRCPRC

    Reform ProgressReform Progress 2002: State Power divested into 5 generators; 2 grid

    companies; and 4 non-core Corporations 2003: Tariff reform plan; Regional and provincial grid

    companies were restructured; SERC was established;

    and Regional wholesale markets pilots initiated; 2004: Pilots for accounting separation oftransmission, pilots for large customer contestability

    2005: Provisional Regulations on Electricitypromulgated

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    Risks in power sectorRisks in power sector

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    Why Independent Regulator?Why Independent Regulator?

    Balance the priorities of Investors,Government, and Consumers

    ensure everyone is equally unhappy

    Balance local context / laws / culturewith international demands

    Norms, guidelines: one size does not fit all Enhance credibility and legitimacy of

    regulatory processes

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    IssuesIssues What belongs in law? in concessions? in rules? -

    e.g. pricing regime, service quality standards,social expectations

    What investors entitled to know?

    What protections are consumers entitled to, andfrom where are they derived?

    Clear identification of risk / reward symmetries(e.g. who bears what risk, risk premiums)

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    Independent RegulatorIndependent Regulator Setting up a regulator is not enough

    5+ years to be effective & gain respect

    Repeatability, Predictability and

    Transparency of regulatory process Regulation by Contract is a better

    interim solution

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    Risks come fromRisks come from People, Regulatory Framework and process

    for changing the framework

    Independence alone does not reduce the

    risk new framework takes a while investor complaints of unfair treatment

    consumer complaints about service qualityand prices

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    Process and ProceduresProcess and Procedures Defining transparency, information flow among

    decision-makers, role of staff

    Publication of decisions with full explanations

    Consultation process / public debate External Publication Pubic documents /

    confidentiality

    Guidelines

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    Human ResourcesHuman Resources Qualifications

    Training

    Diversity of skills, experience, and academic

    backgrounds Compensation levels

    Career opportunities

    Job tenure

    Ethical standards protection of information

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    Regulatory CaptureRegulatory Capture Gamekeeper turns poacher or, at least, helps

    poacher. Interest groups seek to promotetheir private interest ... Over time, regulatoryagencies may be dominated by the industriesregulated.

    Regulators always at RISKof being captured

    by the regulated firms.

    Who regulates theWho regulates the

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    Who regulates theWho regulates the

    Regulator?Regulator?

    Who to Appeal? Process and compositions ofmembers and their tenure

    Steps and scope of appeal allowed by law

    Correctness /reasonableness of decision Transparency of process, information

    requirement and cost

    Experience from past appeals

    Risk from generatorsRisk from generators

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    Risk from generatorsRisk from generators

    perspectiveperspective Lower electricity prices: more capital

    intensive low fuel costs (wind, nuclear)generators suffer more

    Higher fuel prices

    Emissions costs

    Safety & Compliance Cost

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    Regulatory RiskRegulatory Risk NetworkNetwork

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    Regulatory RiskRegulatory Risk NetworkNetwork

    BusinessBusiness Form of regulation -- incentive based light-

    handed can become rate of return ifrequired revenue benchmark is used

    WACC post tax WACC eliminates incentivesfor generating tax benefits

    Efficiency carry-over partial glide path

    for efficiency carry over imposes compliancecosts and reduces incentive to invest inefficiency and innovation.

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    Regulatory RiskRegulatory Risk CustomersCustomers

    Sustainable consumer advocacy/representation

    Complaint handling process

    Quality of service standards

    Remedial powers / penalties

    Will prices will be lower in the long term?

    What value does the regulator bring?

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    Independent Regulationis not the Panacea

    Every country and culture is different

    One Size does not fit all

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    ReformIndependent Regulation

    Wholesale Market

    but not enough

    Tailor the solution to the country