Pipes & Wires

THE MONTHLY CLIENT NEWSLETTER FROM UTILITY CONSULTANTS

 

Issue 47 – December 2005

 

From the director…

 

Welcome to Pipes & Wires #47. A common theme of this issue is deals, deals and more deals – we examine three major deals at various stages in the UK, Australia and France.

 

We also examine the appeals against the recent final wires price determination in the Australian state of Victoria, comment briefly on the UK government’s emerging nuclear policy and examine some alternatives to the proposed 400kV transmission lines in the North Island of New Zealand.

 

I’d take this opportunity to wish you all a merry Christmas and a happy New Year and hopefully Pipes & Wires will be back in February 2006.

 

About Utility Consultants

 

Utility Consultants Ltd is a management consultancy specialising in the following aspects of energy networks…

 

·      Mergers & acquisitions

 

·        Asset management

·      Strategic studies

 

·        Financial analysis

·      Economic regulation

·        Risk management

 

For a detailed profile of recent projects, pick this link.

 

NZ – Customer Consultation and AMP’s

 

Just a quick reminder to follow up on last months’ article on Customer Consultation and Asset Management Plans. In the decision papers released on 13 October 2005, the Commerce Commission signaled likely changes to the requirements for both aspects which are outlined below.

 

Customer Consultation

 

The requirement to consult with customers on the issue of supply quality and price is embodied in paragraph 6(1)(c) of the Commerce Act (Electricity Distribution Thresholds) Notice 2004. Section 7.2 of the PB Associates report from April 2005 contained a number of recommendations that may be incorporated into a revised Notice.

 

Asset management plans

 

The requirement to disclose an asset management plan is embodied in Section 24 and Schedule 2 of the Electricity (Information Disclosure) Requirements 2004. Possible changes to these requirements were signaled in paragraphs 480 to 483 of the Commission’s 13 October decision paper entitled Review of Information Disclosure Regime Decision Paper,

 

Next steps

 

As outlined above changes to the current requirements are likely, and will occur through the Commission’s usual consultation process over the next 6 weeks or so. We will be continuing to liaise with the Commission to ensure that we stay on top of the current requirements, so to discuss the likely changes or to get help with your Customer Consultation or AMP pick here or call Phil on (07) 854-6541.

 

UK – The battle for ScottishPower takes a turn

 

Introduction

 

Pipes & Wires #45 examined E.On’s recent announcement that it might make a cash offer for ScottishPower plc. This article examines Scottish & Southern Energy’s more recent refusal to deny that it too is considering trying to hitch up with SP.

 

E.On’s cash offer fails

 

As outlined in Pipes & Wires #45, SP’s spectacular growth in EBITDA and EPS and the strong operating synergies with Central Networks were an obvious fit with E.On’s “On Top” strategy. However the directors of SP felt that E.On’s initial offer of £5.75 per share (a 9% premium at the time of the bid) less any dividends paid before settlement date (and two subsequent revised offers) would be unacceptable to shareholders hence negotiations with E.On were terminated. Whilst E.On commented that a hostile bid would be unlikely due to the added complexities, it has not ruled out that possibility.

 

Scottish & Southern enters the race

 

Meanwhile excitement ran hot in the City in early November as S&SE refused to deny that it was considering trying to merge with SP.  As SP closed at £5.78 on the LSE speculation intensified that S&SE’s proposal could be worth between £6.00 and £6.50 to SP shareholders (much to the surprise of some City analysts who figured that S&SE probably couldn’t justify paying any more than E.On)

 

The markets’ reactions

 

E.On shares rose 2.65% to close at €80.65 on the announcement that discussions with SP had been terminated (whilst SP sank 5.45% to close at £5.45). This would seem to endorse E.On’s disciplined approach to acquisitions and suggests that the available synergies and future growth prospects had already been fully valued into SP’s stock price. The fact that E.On’s shares rose on news that negotiations with SP had been terminated would seem to support the view that even a 9% premium may have been excessive.

 

Given that SP’s future growth prospects would presumably have a similar value to both S&SE and E.On, S&SE’s rumored premium suggests that some significant synergies must be available to S&SE that are not available to E.On, and it is thought that these synergies may lie in consolidating both transmission grids in Scotland.

 

Other possible suitors

 

Speculation has also mounted that EdF, RWE and ENEL may also be interested in SP. Pipes & Wires will make further comment as the bidding process unfolds.

 

Aus – appeals to the Victorian wires decision

Introduction

 

The ease of access to a “matter of course” appeals process to regulatory determinations was the subject of a recent newspaper article in the Australian state of Victoria, particularly in the context of the transition to a single national energy regulator (the Australian Energy Regulator). This article examines the very recent appeals to the final wires determination in Victoria.

 

Background

 

Pipes & Wires #42 and #46 examined the draft and final wires determinations respectively. Readers may recall that the final determination included significant reductions in the initial re-set for all 5 distributors, and an approximate halving of the year-on-year reduction for AGL Electricity.

 

Legal basis for appeals

 

Section 55(1)(c) of the Essential Services Commission Act 2001 provides for a person who is aggrieved by a determination of the ESC to make an appeal on the following two bases…

 

·   That there has been bias.

 

·   That the determination is based wholly or partly on an error of fact in a material respect.

 

A particular feature of Section 55 is that it requires the determination to be complied with irrespective of the filing of an appeal ie. an applicant cannot delay the commencement date of a determination simply by filing an appeal.

 

Appeals to date against the determination

 

Four appeals against the determination have been lodged with the ESC Appeal Panel which are summarised as follows…

 

Distributor

Basis of appeal

SP AusNet

·   That the ESC has significantly underestimated the costs of complying with the Electrical Safety (Electric Line Clearance) Regulations 2005.

·   That the ESC has underestimated the loss of revenue from more customers adopting TOU metering associated with the mandatory roll-out of interval metering.

·   That the ESC included an incorrectly calculated MAIFI based on incorrect data originally provided by AusNet despite AusNet subsequently providing correct data.

 

CitiPower

·   That the ESC has underestimated the costs of complying with the Electrical Safety (Electric Line Clearance) Regulations 2005.

 

Powercor

·   That the ESC has significantly underestimated the costs of complying with the Electrical Safety (Electric Line Clearance) Regulations 2005.

·   That the ESC underestimated the Employee Entitlement Provision Adjustments.

·   That the ESC underestimated the OpEx requirements arising from load growth.

 

United Energy

·   That the final determination contains twenty two errors of fact, of which many relate to the ESC’s claim that the various relationships between United and Alinta were not entered into on a competitive basis and that United may therefore have an “inefficient” cost structure.

 

 

These appeals are scheduled to be heard during the week beginning 5th December, so Pipes & Wires will hopefully make further comment in the February issue.

 

UK- more on the future of nuclear energy

 

Introduction

 

The last few weeks have seen renewed media attention on the new generation of nuclear power stations proposed by Tony Blair after he was successfully re-elected in May this year. This article briefly re-visits the key issues and examines the current direction of the UK government’s thinking.

 

Background

 

Pipes & Wires #37 examined the Blair government’s plans to release a white paper proposing the construction of a new generation of nuclear power stations in the UK. This was considered so politically sensitive that the plan to release the white paper was stalled until after the election. Only days after their successful re-election the official view began to converge on the construction of ten, possibly more, new generation nuclear power stations.

 

The key issues

 

Demand is currently increasing at about 0.7% per year, and it is expected that by 2015 demand may exceed capacity by about 20% whilst nuclear generated electricity will fall from 25% of the UK’s total to only 4% if the closure of aging plants proceeds as planned. Hence the problem is significant and the time is short. The scientific community acknowledges that renewables and low-emission fossil generation will play a role but also acknowledges it is unlikely that they will be able to meet demand.

 

Recent policy directions

 

The scientific and business communities are increasingly pushing for a clarified role of nuclear power within overall energy policy to provide certainty of supply. Even the chief science advisor has advocated “giving the green light” to new nuclear plants whilst the minister for the environment admits that there are “lots of concerns” about nuclear energy.

 

Most recently, Tony Blair hinted that he was likely to approve the construction of a new generation of nuclear plants. As this issue developed Pipes & Wires will provide further comment.

 

Aus – more on the AusNet and Spark floats

 

Introduction

 

Pipes & Wires #46 examined the build up to the floats of SP AusNet and Spark Infrastructure (CKI) which follows on from a number of deals in the Australian power sector. This article further examines the floats in the build-up to listing later this month. For the avoidance of doubt this article is not to be considered as professional or investment advice.

 

Background

 

It was long rumored that SingPower would probably sell down a partial stake in its Victorian grid company SPI PowerNet, with a possible driver being the need to avoid holding a prohibited interest under Section 68 of the Electricity Industry Act 2000 (Victoria). While the float of Spark Infrastructure was not a total surprise it wasn’t surrounded by the same hype as the SP AusNet float.

 

Comparing the two floats

 

Just to re-cap, there were some differences between the two floats which are summarised in the following table…

 

Feature

SP AusNet

Spark Infrastructure

Funds sought by investors.

A$1.6b in one tranche.

A$1.2b – A$1.3b initially with a further A$500m in April 2007.

Underlying activities.

Electricity transmission, gas distribution and electricity distribution.

Electricity distribution.

Organic growth prospects.

Expected to be at least 2.5%.

Between 1 and 2.5%.

Growth strategy.

Balanced between organic and acquisitive growth (which will be limited to Australasia).

Global acquisitions due to limited organic growth prospects.

Exposure to regulated activities.

About 87%.

About 70% to 80%.

Investor payment plan.

Fully paid.

Two installments.

Projected yields.

7.0% to 8.5% in first year, rising to 7.2% to 8.7% in second year. Includes management and success fees.

10.05% to 11.2% in first year due to partially-paid basis, falling to 8.3% to 9.25% in the following year. Excludes management and success fees.

Tax characteristics.

68% tax deferred in year one, 65% tax deferred in year two.

20% tax deferred.

Management fees.

Total fee to be capped at 0.75% of enterprise value.

0.5% on the first A$2.443b of enterprise value, 1% thereafter and a success fee of 20% of the out-performance of the S&P/ASX 200 Accumulation index

Investment strategy.

Traditional sell-down, SP to retain 51% stake and continue to operate, will depend on dividends.

CKI to retain only 9.9%, income heavily dependent on fees.

 

Institutional interest has been strong in the build up to the floats later this month, so Pipes & Wires will provide further comment in February.

 

NZ – update on the 400kV lines

 

Introduction

 

Most of us are well aware of Transpower’s proposal to build a new 400kV line from Whakamaru to Otahuhu. This article outlines the range of generation, transmission and demand side alternatives proposed by the Electricity Commission for analysis as part of approving Transpower’s plans.

 

Background

 

An estimated shortfall of transmission capacity into Auckland has prompted Transpower to consider building a new 400kV line from Whakamaru (the strong node on the Waikato River) to Otahuhu (the strong node in South Auckland). Pipes & Wires #40 and #45 describe this in more detail.

 

 A similar estimated shortfall of transmission capacity into Christchurch from the Upper Waitaki River has led to a new 400kV line from Benmore to Islington being considered (although this doesn’t seem to have attracted as much controversy).

 

The alternatives proposed by the Electricity Commission

 

The alternatives proposed by the Electricity Commission broadly cluster into three groups – locating generation in or north of Auckland, upgrading existing transmission or building new transmission into Auckland, and reducing Auckland’s demand as follows…

 

·         The generation alternatives include base-load coal generation at Marsden, co-generation at Marsden, gas-fired generation in and around Auckland, wind farms in and around Auckland and relocation of Whirinaki to Auckland.

 

·         The transmission alternatives focus strongly on increasing the thermal rating of the existing 220kV lines from Whakamaru to Otahuhu supported by a number of tactical modifications to the existing 110kV and 220kV grids. These options acknowledge that a new 400kV line or possibly an equivalent HVDC line will be needed in about 10 to 12 years time.

 

·         The demand side alternatives include better penetration of interruptible load, substitution by gas and solar and increased penetration of energy efficiency measures.

 

Pipes & Wires will make further comment as progress is made.

 

France – quick follow up on the EdF float

 

Introduction

 

Pipes & Wires #46 discussed the pending float of 15% of Electricite de France. This article quickly follows up last month’s float.

 

Background

 

As readers may be aware EU directive 96/92 required all member states to liberalise their energy markets by 2007. The French government had been widely criticised for making slow progress on liberalising the French market whilst allowing EdF to expand its operations across the EU. In 2004 the French government decided to corporatise EdF, list it on the Euronext exchange and sell 15% of the equity.

 

The EdF float

 

Brokers estimated an opening price of between €28.50 and €33.10 which valued the 15% stake at about €7b. EdF listed at €31.05 on the opening day of 21 November (which was very close to the expected opening of €32.00) and after a few days of heavy trading has since stabilised at about €31.80, which values EdF’s equity at about €57b at the time of writing.

 

Conferences & events

 

Check back here in February 2006

 

Any old books in your library ??

 

I’m looking for old books and magazine articles on electricity industry and borough council history, especially books like jubilee celebrations of utilities or back copies of the old “Live Lines”. If you’ve got any old books like this that you don’t wish to keep please send them to me.

 

Tell me how good this issue was…

 

Please pick one of the links below to tell me what you think of this issue of Pipes & Wires…

 

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If you get this is a hard-copy, your comments can be emailed to issue#47@utilityconsultants.co.nz If you receive this second-hand by email, you can receive Pipes & Wires directly by picking here.

 

Hot links to cool stuff

 

·         Centre for Advanced Engineering – subscribe to Energy21 News (distributed generation & demand response).

 

·         Centre for Advanced Engineering – download the report on “Energy supply in the post-Maui era” (file size is about 780k).

 

Disclaimer

 

These articles are of a general nature and are not intended as specific legal, consulting or investment advice. They are correct at the time of writing. 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.