Pipes & Wires

THE JOURNAL OF COOL ENERGY & UTILITIES STUFF

Issue 60 – June 2007

 

From the director…

 

Welcome to Pipes & Wires #60. This issue starts with an analysis of the Commerce Commission’s reasons for not declaring control of Unison Networks Ltd, and then takes a brief look at the gas distribution price controls in the UK, the electricity transmission price control in Queensland, and progress on the first electricity lines price re-set in New Zealand.

 

We then take a look at the changing role of equity in the first of a two part series and then examine three deals in Europe that are at various stages.

 

This issue concludes with a brief look at Norman Speer who worked for the Auckland Electric Power Board for 47 years. So happy reading until next month…

 

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 & structural regulation

·        Risk management

 

To be sent a detailed profile of recent projects, pick this link.

 

NZ – Unison’s woes formally come to an end

 

Introduction

 

In May this year the Commerce Commission released its Reasons For Not Declaring Control Of Unison Networks Ltd. This article summarises those reasons, but more importantly marks what I believe is a significant shift for the better in New Zealand’s regulatory thinking.

 

Background

 

Late last year the Commerce Commission announced its draft decision not to declare control of Unison’s electricity distribution services under Part 5 of the Commerce Act 1986. The Commission reached this decision after considering Unison’s administrative settlement offers and concluding that the specific objectives set out in the Purpose Statement in s57E of the Commerce Act 1986 would firstly be better fulfilled by allowing Unison to voluntarily implement the terms of its settlement offer and secondly that the direct and indirect costs of control under Part 5 would be avoided.

 

Summary of the Reasons

 

Key aspects of the Reasons paper are as follows…

 

·         Recognition that allowing Unison to retain efficiency gains for the remainder of this period (by not re-setting the price path to a lower level) will encourage them to seek further gains in future periods.

 

·         Recognition that allowing a WACC from the top-end of the WACC distribution would encourage investment.

 

·         Strong and obvious acceptance of the August 2006 GPS and associated Notice emphasising the importance of encouraging regulated utilities to invest.

 

·         Recognition that encouraging investment in long-term reliability could also be consistent with the Purpose Statement (and not simply reducing short-term tariffs).

 

·         An increased recognition firstly of the need for dynamic efficiency in preference to allocative and productive efficiency and secondly that the regulator plays a key role in improving dynamic efficiency by setting a certain and stable regulatory regime.

 

·         A strengthened and more practical recognition of the asymmetries of under and over-investing.

 

In concluding it is my view that the above pleasing shifts in the Commission’s thinking along with the correct recognition of many issues set out in the Part 4, 4A and 5 review paper represent a significant turn for the better for New Zealand’s regulated utilities.

 

UK – gas distribution price controls

 

Introduction

 

Pipes & Wires #48 discussed the one year extension to the then current price controls applying to Northern Gas Networks, Wales & West Utilities, Scotland Gas Networks and Southern Gas Networks that would extend that control period for a further one year until 31 March 2008. This article examines progress to date on compiling the price controls that will apply for the five year period from 1 April 2008 to 31 March 2013.

 

Background

 

Following the successful sale of four of National Grid Transco’s distribution businesses, the four new gas distributors emerged. Not surprisingly much was made of the available comparability of four independent businesses (collectively owning eight regionally distinct networks) hence it was considered that disaggregating the overall price control to the eight regional levels might have merit. After a consultation period eight regional price controls took effect from 1 April 2004 which corresponded to the new gas industry structure and will form the basis of the future controls.

 

Progress to date

 

OFGEM released its Initial Proposals document setting out its key thoughts for the five year control period starting on 1 April 2008. These thoughts are as follows…

 

·         A proposed (average) OpEx reduction of 3.3% per year in real terms for each of the five years (amounting to about 17% over the entire control period) despite OFGEM’s recognition that the costs of many aspects of gas distribution are increasing faster than inflation and that costs are higher in some parts of the UK. Based on comprehensive benchmarking or similar tasks across other sectors of the economy OFGEM also believes that distributors can make further efficiency gains.

 

·         A proposed (average) new CapEx reduction amounting to about 17% in real terms over the five year control period. OFGEM recognises that increasing numbers of new connections will certainly increase required CapEX but also believes that the distributors’ estimates are too high.

 

·          A proposed (average) RepEx (replacement) reduction amounting to about 18% in real terms over the five year control period. OFGEM recognises that a large part of this RepEx is required to address mandated safety concerns and although the distributors’ proposed RepEx has increased significantly from the previous five year control period OFGEM has proposed a reduction.

 

·         Proposed introduction of a reward for estimating future CapEx that is close to OFGEM’s estimates (the IQI approach). This has been specifically proposed to discourage over-estimating CapEx with a view to capturing a higher than necessary revenue requirement.

 

·         Proposed adoption of a post-tax WACC of 4.22%.

 

This is expected to result in a real price increase for the average domestic customer of about £1 per year for each of the five years. Pipes & Wires expects to make further comment in about September when OFGEM publishes its draft determinations.

 

Zambia – pro-bono opportunity to serve

 

A pro-bono opportunity has arisen at the North West Zambia Development Trust for an experienced utility manager. The Trust has recently commissioned the Zengamina Hydro Power Station on the Zambesi River and is looking for someone with management and commercial skills that can develop the systems and processes necessary for supplying a local min-grid. This is a voluntary position for one year - housing, food and transport would be provided.

 

Interested parties can pick here to contact Phil Caffyn in the first instance.

 

NZ – progress on the electricity lines price re-set

 

Introduction

 

The current electricity lines targeted control regime established price path and quality thresholds that applied for the five year period commencing on 1 April 2004. This article briefly sets out the Commerce Commission’s proposed approach to setting new thresholds to apply for the five years starting on 1 April 2009.

 

Background

 

Part 4A of the Commerce Act 1986 sets out the regulatory framework for large electricity lines businesses, and inter alia requires the Commerce Commission to set thresholds at which control might be declared over a lines business. The Commission’s activities include confirming that each lines business has complied with its respective thresholds each year, investigating any breach of those thresholds, and determining whether or not to declare control over that lines business.

 

Planned timetable

 

·         September 2007 – publication of, and consultation on, options for an updated quality threshold.

 

·         November 2007 – publication of a discussion paper focusing on general issues and initial options for the price component of the regime.

 

·         May 2008 – publication and consultation on the methodology paper.

 

·         September 2008 – publication of, and consultation on, a draft decisions paper.

 

·         October 2008 – conference and cross-submissions on the draft decision paper.

 

·         December 2008 – publication of the final decision paper.

 

·         February 2009 – Publication of, and consultation on, the draft Gazette notice.

 

·         1 April 2009 – publication of final thresholds decision.

 

·         1 April 2009 – new threshold regime begins following publication of Gazette notice.

 

Pipes & Wires will undoubtedly follow this process closely as various documents are released.

 

Finance – the changing role of equity (Part 1)

 

Introduction

 

Equity, and perhaps more importantly, the sources of that equity have played a changing role over the last 20 years or so. This two-part article examines the various different sources of utility and infrastructure equity over that period, and also the motivations and concentrations of governance power associated with various sources of equity.

 

In the beginning

 

Going back to the days of nationalised infrastructure and utilities (which can also be extended to include cooperative arrangements such as in the US) equity was often treated as costless – I’ve used the phrase “power board equity” to embody this notion – which would explain why most of these entities had little if any term debt.

 

Privatisation – the equity cycle begins

 

To set the scene we need to examine three industry privatisations…

 

·         The UK power industry around 1990, in which one of the first sources of equity was “mum & dad” shareholders, which if I recall correctly was part of Margaret Thatcher’s plan to instill a shareholder mentality in the UK public.

 

·         The very early stages of privatisation in Argentina and to a lesser extent Brazil in which the key sources of equity were utilities with global ambitions – predominantly US utilities such as AES and Entergy, but also some European utilities such as EDF and United Utilities plc.

 

·         The Australian state of Victoria, in which the mum & dad shareholder stage was skipped and the utilities were sold off directly to a mix of overseas utilities and private Australian utilities.

 

What emerged during this time is what I’ve referred to as the First Wave of global utility investment in which equity migrated from the US (and to a lesser extent from Europe) to Argentina and Brazil, and the Second Wave in which equity migrated from the US to the UK and Victoria.

 

The global utility sector than moved on through what I’ve identified as the Third Wave in which the US utilities went home (wounded and bleeding in some cases), the European utilities such as E.On, RWE and EDF invested heavily in the UK and eastern Europe, and in which Asian utilities (most notably Singapore Power) invested heavily in Australia. This was followed by the Fourth Wave in which European utilities began to focus their sights on the US.

 

The motivations begin to shift

 

The motivations of the equity holders during these waves appeared to Investigative (learning about deregulating markets) and Traditional (simply making a better return on equity than they could at home). As the Victorian gas industry was privatised (and as a bunch of gas networks in New Zealand were put up for sale) equity investors such as TXU and Aquila began to experiment with Transformational strategies.

 

The cycles begin to shift

 

All four of these waves (up to about 2000, perhaps 2001) seem to have been strongly characterised by simple equity investments. Probably the only obvious exception was Aquila’s (back when it was called Utilicorp) investment in United Energy (Victoria) in which an investment fund was also involved. That forms a starting point for the rest of this story.

 

And the role of equity becomes more complicated

 

Once upon a time predominant or total equity stakes were taken. This carried with it a number of associated consequences such as capturing all the returns, being able to appoint most or all of the directors, and (the downside) of having a high risk exposure. Since about 2000 (or perhaps 2001) the role of equity seems to have changed markedly. In an approximate time sequence the following roles of equity have emerged…

 

·         First there was the inclusion of institutional investors. It seems that Aquila’s investment model for United Energy may have been a pioneer, which has been more recently followed by the Ontario Teachers Pension Plan. One of the characteristics of this model was that the utility only ever took a partial equity position and that it sought unregulated revenues from managing the business.

 

·         Then there was the move to partial sell downs or partial IPO’s where a utility had originally taken a full or predominant equity position. The recent IPO’s of Spark Infrastructure and SP AusNet in Australia are good examples. The ensuing strategy appears to be to retain control, retain the management contract and free up cash for further acquisitions.

 

·         Now the latest (although not surprising) is the role of private equity funds. This seemed to emerge when Nomura was interested in Dwr Cymru Welsh Water a few years back, but seems to have sprung to prominence with Babcock & Brown’s various acquisitions and of course KKR’s bid for TXU. One of the significant underlying issues of this model that emerged when Nomura pursued Dwr Cymru was OFWAT’s nervousness over management expertise. Tied up with all this are various funds that are being spun off to focus on market segments with specific risk-reward profiles to better meet investor preferences.

 

Part two of this article will feature in Pipes & Wires #61.

 

NZ – 2007 electricity asset management plans

 

The Commerce Commission has advised the following…

 

·         That the format for AMP disclosure in 2007 (ie. during the year ending 31 March 2008) will be based on the Requirements that were promulgated on 31 March 2006. Hence there will be no change from the disclosure format required for the year ending 31 March 2007 including the disclosure date of 30 August (which will be 30 August 2007 for the year ending 31 March 2008).

 

·         Given that this will be the second disclosure under the revised Requirements the Commission expects AMPs to be fully compliant.

 

Articles in previous issues of Pipes & Wires note increased regulatory scrutiny of OpEx and CapEx projections in the AMP’s and of actual CapEx with respect to forecast. For help with either the “words” or the “numbers” in your AMP pick here or call Phil on (07) 854-6541.

 

Europe – EDF makes a bid for RWE

 

Introduction

 

Acquisitions by the big three European utilities (E.On, RWE and EDF) are certainly not unusual, however the rumors last month that EDF might be making a bid for RWE pushed RWE’s stock price up 7% on the Frankfurt bourse. This article briefly examines some of the salient features of both EDF and RWE to set some context for future analysis.

 

Salient features of EDF

 

Most of us are well aware of both RWE’s size and diverse operations, so it might be surprising to note that EDF’s market cap is 3x that of RWE. What might not be so well known is that EDF already has a presence in Germany through its 45% stake in EnBW which is Germany’s third largest utility with revenues of over €13b.

 

Salient features of RWE

 

Although RWE represents a good market expansion platform for EDF, RWE’s coal fired generation will also represent an increase in risk exposure in a carbon-conscious market.

 

Pipes & Wires will make further comment if any deal starts to emerge.

 

Aus – final grid pricing decision in Queensland

 

Introduction

 

The AER recently released its final transmission network revenue cap for Queensland grid operator PowerLink for the five year period starting on 1 July 2007. This article examines the key features of that decision and makes a brief comparison with Powerlink’s proposed cap and the AER’s draft decision.

 

Key features of the final decision

 

Key features of the final decision are…

 

·         A revenue cap that increases from $537m in 2007/08 to $815m in 2011/12.

 

·         An opening RAV of $3,753m.

 

·         A total CapEx of $2,249m.

 

·         A total OpEx of $731m.

 

·         A nominal vanilla WACC of 8.76%.

 

Comparisons of the proposal, draft decision and final decision

 

The following table compares Powerlink’s proposed parameters, the AER’s draft decision and the AER’s final decision...

 

Parameter

Powerlink proposed value

AER draft decision

AER final decision

Unsmoothed total revenue

$3,238m

$3,157m

$3,334m

Smoothed total revenue

 

$3,161m

$3,342m

Opening RAV

 

$3,781m

$3,753m

Total CapEx

$2,449m

$2,032m

$2,249m

Total OpEx

$787m

$713m

$731m

Nominal vanilla WACC

8.34%

8.76%

8.76%

 

Note that in December 2006 Powerlink submitted a supplementary proposal to the AER seeking an additional $469 CapEx allowance based on new information. This was after the draft decision but was given consideration in the final decision.

 

UK – progress on the British Energy sell-down

 

Introduction

 

Long-time readers will no doubt be aware of British Energy’s vexed history of privatisation and re-nationalisation. This article examines the UK government’s recent announcement to reduce its stake from 64% to 36% through an issue of new shares.

 

Background

 

British Energy’s journey to the edge of bankruptcy and back to a reasonably successful re-listing on the LSE has been extensively chronicled in Pipes & Wires #20, #32, #34 and #37. As British Energy’s stock price soared in mid and late 2006 on the back off increasing wholesale prices the government decided the time was right to reduce its stake until a number of boiler tube cracks at Hunterston, Hinkley Point and Hartlepool required shutdowns and prompted a reduction in output of similar units at other stations.

 

Recent events

 

News earlier this month that the government would reduce its stake through an issue of new shares sent British Energy’s stock price tumbling from £5.70 to £5.27 when it was revealed that the issue would almost halve the earnings per share from a projected 82p down to about 43p.

 

Pipes & Wires will make further comment on this and the parallel issue of the new generation of nuclear stations as progress unfolds.

 

France – the GDF – Suez merger becomes political

 

Introduction

 

It’s certainly no secret that deals are political, and as we’ve seen with so many big deals in the EU protectionist issues always seem to surface. So it’s interesting to wonder how much more political a deal could get. This article examines the political machinations behind the long-awaited merger of Gaz De France and Suez.

 

Background

 

Back in early 2006 former Prime Minister Dominque de Villepin effectively scuttled ENEL’s hostile bid for Suez. In line with his policy of “economic patriotism” Villepin is understood to have summoned the chief executives of both Suez and GDF to his official residence where he publicly announced the creation of a national energy champion.

 

Recent events

 

Since the election of Nicolas Sarkozy as President a few weeks ago the creation of Villepin’s national energy champion seems doubtful…

 

·         France’s new Prime Minister Francios Fillon has indicated that consideration of the merger and other possibilities is not a priority.

 

·         Former EU President Jacques Delors has stated that France has a problem accepting a market economy and that it creates the image of France living in “a different world” from that of its European neighbors (remember this was before EDF was rumored to have made a bid for RWE).

 

·         In the meantime Suez has amassed an 11% stake in Gas Natural indicating that it sees a broader geographical base as the key to success.

 

Once the French politicians get their feet securely under the table it will be interesting to see whether they continue the theme of a narrowly focused national champion consolidating the French market or whether they correctly recognise the need to integrate forwardly into new retail markets and backwardly into new gas reserves and transmission corridors. Pipes & Wires will make further comment as events unfold.

 

 

 

 

 

Norman Speer powers up the queen city

 

Early years and education

 

Norman McLeod Speer was born in East Tamaki, which although now an established residential and industrial area, was a farming district back in the 1890’s. Although Norman’s exact birth date has proved elusive, his record of war service suggests he was probably born around 1897.

 

Norman was educated at several schools around eastern and central Auckland before attending Seddon Memorial Technical College and Auckland University (both of which probably occurred after his war service).

 

Early working life and the war years

 

After working for a firm of general merchants, Norman joined the Auckland City Council’s electricity department in 1912 as an office junior. In early 1916 at the tender age of 19 Norman commanded two companies of senior cadets in the territorial forces and was wounded at Messines.

 

A life of electricity

 

Upon his return from the war, Norman rejoined the electricity department and was promoted to the position of chief clerk which he held until 1922 when the Auckland Electric Power Board was formed. After negotiating the sale and purchase agreement of the electricity department to the board, Norman was appointed secretary-treasurer. He held this position until 1950 when he was appointed general manager. Norman retired from the general manager’s role in 1959 after spending 47 years powering up the queen city.

 

Apart from being awarded an MBE for in 1961, details of Norman’s later life remain sketchy.

 

Conference papers

 

Utility Consultants has recently presented the following conference papers which are available upon request…

 

·         “Tariff control of Pipes & Wires utilities – where is it heading??” – presented at the NZIGE Spring Technical Seminar, October 2006.

 

·         “Setting service levels for utility networks” – presented at the Electricity Network Asset Management Summit, November 2006.

 

Conferences & events

 

·         9th Annual Energy Summit – 13th and 14th August 2007 (Wellington).

 

·         5th Annual Gas Industry Summit – 13th and 14th August 2007 (Wellington).

 

·         2nd Annual Climate Change and Energy Emissions Summit – 15th August 2007 (Wellington).

 

·         2nd Annual Complex Infrastructure Project Management Conference – 21st and 22nd August 2007 (Wellington).

 

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…

 

·         Excellent

 

·         Very good

 

·         Good

 

·         Average

 

·         Poor

 

If you get this is a hard-copy, your comments can be emailed to issue#60@utilityconsultants.co.nz If you receive this second-hand by email, you can receive Pipes & Wires directly by picking here.

 

Opt out from Pipes & Wires

 

Pick this link to opt out from Pipes & Wires. Please ensure that you send from the email address we send Pipes & Wires to.

 

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.

 

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.