Pipes & Wires

THE JOURNAL OF COOL ENERGY & UTILITIES STUFF

Issue 114 – August 2012

 

From the editor’s desk…

 

Welcome to Pipes & Wires #114. I’ve mucked about with the format of this issue, and rearranged it on a geographical basis which seems to make more sense. Starting with New Zealand, we look at the imminent amended requirements for electricity asset management plans (AMP’s). We then look at some regulatory policy issues in Australia, and then close with a look at some asset sales in Europe and the US.

 

General stuff

 

CPEng status

 

I’m pleased to announce that I am now a Chartered Professional Engineer (CPEng), and am availabe to undertake work for which the Commerce Commission requires an Independent Engineer.

 

Re-vamped website   

 

My website has been substantially re-vamped, with some up-dated content to better reflect my experience and emerging industry issues. Please pick here and take a browse around.

 

Guide to NZ electricity laws

 

I’ve compiled a “wall chart” setting out the relationship between various past and present electricity Acts, Regulations, Codes etc in sort of a chronological progression. To request your free copy, pick here.

 

Guide to UK energy policy

 

Arup have compiled a really cool Emissions – Energy – Efficiency timeline setting out the various policy frameworks and for the UK - pick here to download a copy. Thanks to Steve Argent for pointing this out.

 

New Zealand

 

NZ – the new AMP requirements

 

Introduction

 

The requirement for electricity distribution businesses to disclose an asset management plans (AMP’s) has been with us for 12 years now, and these requirements have become increasingly more prescriptive on several occasions. This article examines the latest draft requirements.

 

The draft requirements

 

Section 2.6 and Appendix A of the Draft Commerce Act (Electricity Distribution Services Information Disclosure) Determination 2012 sets out the requirements for the AMP’s to be disclosed by 31st March 2013. These requirements include...

 

·       A slightly different format for the AMP from previous years.

 

·       Additional information, especially strengthened linkages to visions and strategic plans, and clearer statements of assumptions and the implications of those assumptions.

 

·       Completion of prescriptive data templates (Schedules 11a to 12d) along with the expectation that this data will be embodied in the AMP narratives. Note that the Draft Determination includes many more Schedules that do not relate specifically to the AMP.

 

·       Assessment and reporting of the maturity of asset management practices and systems using the AMMAT tool in Schedule 13.

 

Next steps

 

The Commerce Commission has recently completed a technical consultation on the Information Disclosure Requirements for Electricity Distribution Businesses and Gas Pipeline Businesses and will undoubtedly finalise the requirements soon.

 

For assistance with compiling your AMP, or with assessing your asset management practices, pick here or call Phil on (07) 854-6541.

 

NZ – backward integration into electricity transmission

 

Introduction

 

Most of us have at least some idea of what “backward integration” means, but it often still seems a bit lofty and disconnected from the world of pipes & wires. This brief article examines the transfer of Transpower’s 66kV substation at Papanui and the 66kV Islington – Papanui lines to Orion Group.

 

The assets

 

The assets transferred from Transpower include...

 

·       The 66/11kV grid exit substation on Greers’ Rd.

 

·       The two double-circuit 66kV steel tower lines stretching 8.5km from Islington to Papanui.

 

Orion’s 2012 asset management plan identifies other spur assets that Orion is considering purchasing.

 

The strategy

 

This backward integration strategy will enable Orion to integrate these assets into its own 66kV sub-transmission network. This will include specific projects such as increasing security of supply to Hawthornden zone substation by taking supply from one of the Islington – Papanui 66kV lines rather than creating a new grid exit point to achieve the same objective.

 

The cost savings

 

The assets were purchased for $4.3m, and are expected to save about $5m over the next 10 years. It would appear that part of these savings will come from greater flexibility to implement a more simple network architecture and increased flexibility around asset lifecycle management.

 

NZ – purchasing energy from small embedded generators

 

Introduction

 

Entry barriers facing small embedded generators are a recurring theme ... readers may well remember a few years ago that the line connection charges for embedded generators were limited by regulation (now embodied in Part 6 of the Electricity Industry Participation Code) ostensibly to reduce entry barriers. This article examines a recent report by the Electricity Authority’s Retail Advisory Group (RAG) which concluded that the purchase of energy by retailers from small embedded generators faces no material regulatory barriers.

 

The concerns

 

The concern was that small embedded generators were somehow at a disadvantage with respect to the markets for wholesale electricity, line connection and retail electricity. This article will restrict its examination to the wholesale and retail markets. A little thought would suggest that any one of a wide array of matters such as the cost of metering, the cost of administering an energy contract, insurance and tax could be significant enough to discourage a small embedded generator that is only likely to export a handful of kWh (such as the 3kW solar panel quoted in the RAG Discussion Paper).

 

The conclusions

 

Rather pleasingly, the RAG’s principal conclusion was that there are currently no apparent material regulatory barriers to either investing in small embedded generators or for retailers to purchase energy from small embedded generators.

 

Australia

 

Aus – reviewing the merits review regime

 

Introduction

 

Most of us have a pretty good understanding that almost all statutory body’s decisions can be appealed to tribunals, appeal authorities or higher courts. This article examines the Stage One Report on the limited merits review regime that was introduced into the National Electricity Law (NEL) and the National Gas Law (NGL) in 2008.

 

Background

 

The limited merits review regime introduced into both the NEL and the NGL allows a party affected by a regulatory decision to have that decision reviewed by the Australian Competition Tribunal where it can be established that there is a serious issue and that there are grounds for a review. The then Ministerial Council on Energy (MCE) agreed that the merits review regime should be reviewed within 7 years of its commencement.

 

In December 2011 the MCE’s successor, the Standing Council on Energy & Resources (SCER), decided to bring the review forward due to increasing concerns about the practical operation of the regime.

 

The review process

 

The review is to be undertaken in 2 stages....

 

·       A preliminary review to assess the performance of the regime.

 

·       A report on whether any changes are necessary.

 

The review is to be completed by September 2012 so that any changes to the NEL or NGL can be introduced to the South Australian Parliament before the Final Determinations of the 2nd round of revenue resets emerge in April 2014.

 

Findings of the Stage One Report

 

In its’ Stage One Report the review panel identified a number of deficiencies, including....

 

·       Not all stakeholders’ interests have been adequately taken into account, especially the long-term interests of consumers.

 

·       Consumer bodies and network user associations feel excluded from the appeals process, with one of the reasons being cost.

 

·       Trust and confidence in both the AER and the ACT has not been established.

 

·       The AER does not appear to have confidence in the regime.

 

The panel has therefore broadly concluded that there is a considerable divergence between the policy intentions that initially motivated the regime, and the outcomes of the regime. So it would appear that the Stage Two Report is likely to recommend some significant changes.

 

What other bodies are saying

 

A table on pg 19 of the Stage One Report and some subsequent analysis suggests that the full 5 year pricing impact of some previous tribunal decisions amounts to about $3b. Industry bodies are understandably keen to emphasise that the Report is not saying “power and gas bills are $3b higher than they should be”, nor that the “appeals should’ve been disallowed” (as there were genuine errors in decision making).

 

Next steps

 

Pipes & Wires will re-examine this matter when that Report emerges.

 

Aus – reducing the solar feed-in tariffs in Queensland

 

Introduction

 

Pipes & Wires has examined the global trend of declining solar feed-in tariffs (SOFIT). This article examines the significant reduction in the SOFIT payable under Queensland’s Solar Bonus Scheme.

 

What exactly is the Solar Bonus Scheme ?

 

The Scheme originally paid eligible consumers 44c/kWh for the surplus electricity they exported into Queensland’s electricity network from solar panels. The objectives of the Scheme were to make solar power more affordable, encourage energy efficiency and stimulate the solar power industry.

 

The significant reduction in the SOFIT

 

Consumers joining the Scheme from 10th July 2012 will only be paid 8c/kWh (plus a retailer contribution of between 6c/kWh and 8c/kWh), which is obviously a significant reduction from the initial 44c/kWh. Several factors (common to many other jurisdictions) have contributed to this decision...

 

·       The installed cost of a 1.5kW solar panel has approximately halved from $6,000 to $3,000 since the Scheme started in 2008.

 

·       The objectives of the Scheme have largely been met.

 

·       The need to protect all Queensland electricity consumers from higher power prices is recognised (because after all the SOFIT is at least partly funded by non-generating consumers).

 

Although not specifically stated for Queensland, the increasing cost of grid-supplied electricity (which increases the value of avoided grid-supplied electricity) may also be a factor.

 

The 8c/kWh SOFIT will end on 1st July 2014, but will be reviewed by 1st July 2013 to ensure that the SOFIT remains “appropriate for Queensland”.

 

Aus – the South Australian electricity transmission revenue reset

 

Introduction

 

The electricity transmission grid operator in South Australia, ElectraNet, recently submitted its Regulatory Proposal to the Australian Energy Regulator (AER) for the 5 year control period starting on the 1st July 2013. This article examines the prevailing legal framework and summarises the key parameters of the Proposal to set some context for future analysis.

 

Legal framework

 

The prevailing legal frameworks are...

 

·       The National Electricity Law (NEL) which is given legal effect in each jurisdiction of the NEM by individual state laws. The NEL provides for the National Electricity Rules (NER) to be promulgated, with Chapter 6A applying specifically to the economic regulation of transmission services.

 

·       The South Australian Electricity Transmission Code.

 

Key parameters of the Proposal

 

Key parameters of ElectraNet’s Proposal include...

 

Parameter

Proposal

Draft Decision

Revised Proposal

Final Decision

Total OpEx ($2012/13)

$478m

 

 

 

Total CapEx ($2012/13)

$894m

 

 

 

Opening capital base ($nominal)

$2,100m

 

 

 

Post-tax nominal vanilla WACC

7.73%

 

 

 

Maximum allowable revenue ($nominal)

$1,726m

 

 

 

 

Next steps

 

Pipes & Wires will re-examine this matter when the AER releases its Draft Decision around the end of November 2012.

 

UK and Europe

 

Bulgaria – E.On sells subsidiary

 

Introduction

 

German utility E.On established its position as one of the largest electric and gas companies in Europe through well disciplined acquisitions. The last few years, however, have seen E.On divest several of its subsidiaries. This article examines E.On’s recent sale of its Bulgarian subsidiary E.On Bulgaria EAD to Energo-Pro.

 

A bit about E.On Bulgaria

 

E.On Bulgaria consists of 2 companies...

 

·       E.On Bulgaria Grid AD which owns 42,000km of distribution lines supplying 1,100,000 customers.

 

·       E.On Bulgaria Sales AD which annually sells about 5,500 GWh of electricity.

 

These 2 companies were formed by a reshuffling of the 2 vertically integrated electricity businesses in Varna and Gorna Oryahovitsa following the unbundling of lines and energy in late 2006. Combined revenue is about €410m, although nett profits have declined from €17m in 2008 to about €250,000 in 2010 as the company embarked on an extensive network investment program.

 

E.On initially purchased a 67% stake in what became E.On Bulgaria in 2004 for €141m, with the other 33% being owned by the Bulgarian government. E.On’s stake was subsequently raised to 100%.

 

The sale process

 

The buyer was independent Czech energy company Energo-Pro. Energo-Pro already owns 8 hydro generating stations in Bulgaria, so there may be some forward integration possibilities. The sale price is understood to have been about €93m, or about 30% less than the initially discussed €133m.  

 

E.On’s divestment strategy

 

Long-time readers will remember the reversal of E.On’s “On Top” strategy. E.On has now adopted a new strategy based around “Cleaner & Better Energy” which embodies the following principles....

 

·       Consolidating its core European market positions, particularly around end-to-end supply chain positions.

 

·       Deliver 25% of EBITDA from outside of Europe by expanding into areas where superior capabilities can be deployed.

 

·       Growing the business through skills rather than balance sheet strength.

 

Repositioning the business platform to achieve these goals includes selling about €15b of assets by the end of 2013 to reduce debt. The emerging picture is that E.On is selling grids and network businesses and consolidating its generation and energy supply businesses.

 

Germany – EnBW looks to sell majority stake in transmission grid

 

Introduction

 

Pipes & Wires #104 examined Energie Baden-Wuerttemburg AG’s (EnBW) announcement that it would be willing to sell a minority stake in its transmission grid business EnBW Transportnetze AG (TNG). This article examines more recent news that EnBW is considering selling a majority stake in TNG.

 

EnBW’s transmission business

 

TNG owns and operates 3,645km of 380kV and 220kV grids across southern Germany. About 80 substations interconnect TNG with local 110kV lines and with other grid operators such as Amprion, TenneT and SwissGrid.

 

The possible sale

 

It appears that EnBW is now willing to sell a majority stake in TNG, and retain only a “blocking stake” of 25% + 1 share as part of plans to raise €1.5b. Media comment suggest TNG could be worth about €300m which is broadly in line with Pipes & Wires estimate.

 

EnBW’s strategy

 

Something has obviously changed to shift EnBW’s thinking that far. It appears that “that something” is the sudden shift in Germany’s energy policy away from nuclear in the wake of the Fukushima earthquake. That shift, in turn, is requiring electric companies such as EnBW to fund renewable generation.

 

Considering this against the wider trend of the other German utilities such as E.On and RWE having sold their grid businesses, this could be worth watching. Pipes & Wires will comment further as news emerges.

 

North America

 

US – the Duke – Progress merger closes

 

Introduction

 

Last month we examined some of the market dominance issues over-shadowing the closing phases of the Duke – Progress merger, so its pleasing that this month we can examine the closing of the deal.

 

Basis of the deal

 

Duke’s original offer to Progress’ shareholders was 2.6125 Duke shares for each Progress share, as well as Duke assuming $12.2b of Progress’ debt. The merged company would be the biggest electric company in the US, with about 56,000MW of generation and about 7,100,000 electric customers in North Carolina, South Carolina, Indiana, Kentucky, Ohio and Florida.

 

Closing the deal

 

Following approvals from the North Carolina Utilities Commission, the Public Service Commission of South Carolina and the Federal Energy Regulatory Commission (FERC), the deal finally closed in early July 2012 subject to Duke-Progress accepting the FERC’s merger conditions. Duke-Progress announced that they intend to comply with the merger conditions.

 

Resolving the Carolina’s market dominance issue

 

The FERC was concerned that competition in the Carolina’s wholesale electricity market would be diminished, and suggested that the following possible concessions could be considered...

 

·       Sale of generation plant to unrelated parties.

 

·       Placing control of transmission lines with a Regional Transmission Operator (RTO).

 

·       Building new transmission lines.

 

It appears that in the final play, there was some dispute over whether requiring Duke-Progress to place their Carolina grids into an RTO would’ve been acceptable to the 2 state regulators who would’ve had to cede jurisdiction to the FERC. It appears that the FERC has stopped short of requiring the RTO option, but instead required Duke-Progress to both commit to selling up to 700MW of capacity to 3 independent traders under most circumstances and to building $110m of new transmission lines.

 

This marks the end of Pipes & Wires examination of this deal.

 

US – review of recent mergers

 

Pipes & Wires #101 summarised the US mergers that were topical in early 2011. This updated table summarises where those mergers have got to...

 

Deal

Dimensions of merged entity

Consideration

Status

PPL’s acquisition of LG&E and KU (from E.On US)

20,000MW of generation, 2,600,000 electric customers

$5.6b cash and $800m debt

 

Completed in November 2010.

First Energy Corp acquires Allegheny Energy

23,700MW of generation, 6,000,000 electric customers, annual revenue of $16b.

$4.4b in stock and $3.8b debt

 

Completed in February 2011.

Northeast Utilities acquisition of NStar

3,000,000 electric and 505,000 gas customers, annual revenue of $8.4b.

 

$4.17b in stock

 

Completed in April 2012.

Duke Energy’s acquisition of Progress Energy

56,000MW of generation, 7,100,000 electric customers.

$13.8b in stock and $12.2b debt

 

Completed in July 2012.

AES’s acquisition of DPL

 

Annual revenue of $19b, 970,000 electric customers.

 

$3.5b cash

Completed in December 2011.

Exelon’s bid for Constellation

44,000MW of generation, 6,600,000 electric customers, annual revenue of $33b.

 

$7.7b in stock

Completed in March 2012.

 

A bit of light reading…

 

Wanted – old electricity history books

 

If anyone has an old copy of the following books (or any similar books) they no longer want I’d be happy to give them a good home…

 

·       White Diamonds North.

 

·       Northwards March The Pylons.

 

·       Two Per Mile.

 

·       Live Lines (the old ESAA journal).

 

·       The Engineering History Of Electric Supply In New Zealand.

 

Conferences & training courses

 

The following conferences and training courses are planned...

 

·       Certified Energy Manager – Gauteng, 15th – 19th October, 2012.

 

·       Certified Measurement & Verification Professional – Gauteng, 17th – 19th October, 2012.

 

·       Certified Energy Auditor – Gauteng, 15th – 18th October, 2012

 

·       19th Africa Oil Week 2012 – Cape Town, 29th October – 2nd November, 2012.

 

·       Fundamentals of the NZ Electricity Industry – Wellington, 6th – 7th November, 2012.

 

·       Fundamentals of the NZ Electricity Industry – Auckland, 21st – 22nd November, 2012.

 

House-keeping stuff

 

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Disclaimer

 

These articles are of a general nature and are not intended as specific legal, consulting or investment advice, and are correct at the time of writing. In particular Pipes & Wires may make forward looking or speculative statements, projections or estimates of such matters as industry structural changes, merger outcomes or regulatory determinations. These articles also summarise lengthy documents, and it is important that readers refer to those documents in forming opinions or taking action.

 

Utility Consultants Ltd accepts no liability for action or inaction based on the contents of Pipes & Wires including any loss, damage or exposure to offensive material from linking to any websites contained herein, or from any republishing by a third-party whether authorised or not, nor from any comments posted on Linked In or Face Book by other parties.