Pipes & Wires

THE JOURNAL OF ENERGY & INFRASTRUCTURE THOUGHT LEADERSHIP

Issue 85 – August 2009

 

From the director…

 

Welcome to Pipes & Wires #85. As well as examining the importance of asset management plans in New Zealand, this issue has a very European flavor as we examine issues in the UK, Austria, the Czech Republic, Germany and Spain across a broad spectrum from regulatory decisions to nuclear policy. And if you’re really keen, please take a moment to join the Pipes & Wires group on the Linked In network.

 

Join Pipes & Wires at Linked In

 

Pipes & Wires now has an on-line group for readers to keep in touch on a more regular basis, bounce ideas around or raise issues and concerns. Pick here to visit my Linked In profile and add me to your connections.

 

About Utility Consultants

 

Utility Consultants Ltd is a management consultancy specialising in pretty much all aspects of energy and infrastructure networks – pick here to see more, or to be sent a detailed profile of recent projects, pick here.

 

Regulatory policy

 

NZ – the future of asset management plans

 

Introduction

 

In late July the Commerce Commission released a discussion paper on Information Disclosure, which is currently being consulted on. Chapter 8 of that paper considers the role that asset management plans (AMP’s) are likely to play in fulfilling the purpose of Information disclosure. This article takes a brief look at what is likely to happen.

 

Background

 

Part 4 of the Commerce Act 1986 provides for regulation of sectors where there is little or no competition or likelihood of competition, and explicitly describes the purpose of that Part to “promote the long-term benefit of consumers ... by promoting outcomes that are consistent with competitive markets”.

 

Recognising that informed choice is a key component of a competitive market, Subpart 4 of Part 4 sets out the framework for Information Disclosure, with its purpose being to ensure that sufficient information is available to interested persons to assess whether the purpose (of Part 4) is being met ie. that outcomes consistent with competitive markets are likely to occur. Subpart 4 includes provision at s53C(2)(h) for AMP’s to be included in that disclosed information.

 

Key themes of the discussion paper

 

The key themes of the discussion paper include...

 

·       That disclosing AMP’s will promote best practice.

 

·       That AMP’s for regulated businesses (electricity, gas and airports) will have to demonstrate alignment with the businesses actual processes and practices, probably by way of having the directors certify that this is the case.

 

·       How expected outcomes of energy efficiency, loss reduction, demand-side management and innovation might firstly be incentivised and secondly how progress towards those outcomes might be assessed from the AMP’s.

 

·       An expectation that linkages between customers’ expressed preferences and asset service levels will be demonstrable and strong.

 

Pick here to receive a slide show that discusses these issues in more detail. Pipes & Wires will make further comment as the consultation process progresses.

 

Austria – incentivising investment and efficiency

 

Introduction

 

Most of us are pretty familiar with the mechanisms embedded in regulatory frameworks to incentivise investment and efficiency. This brief article (because there isn’t much in English) examines 2 incentive mechanisms embedded in the agreement reached between the Austrian regulator E-Control and the energy industry body VEÖ for the regulation of Austria’s electricity networks over the 2010 – 2013 control period.

 

Key players in the industry

 

Regulation (well ... deregulation actually) of Austria’s electricity and gas markets is entrusted to 2 regulatory bodies – the E-Control Commission (an independent government authority) and Energie-Control GmbH (a limited company). The Verband der Elektrizitatsunternehmen Österreichs represents about 140 member utilities and provides, similar to many other organisations such as the ENA, the ESAA and the NRECA.

 

Incentivising investment

 

A key theme of the European energy sector is increasing renewal investment – every speech, every magazine article, every press release gives it a mention. Many of us will also realise that the final form of a regulatory regime often fails to incentivise the investment that policy makers are advocating. Hence it is pleasing to note that VEO members who outspend their accounting depreciation (a high-level measure of the rate of asset renewal) will be able to recover that spend, although it is not clear whether they will have to demonstrate that the spend was efficient and be under the threat of being able to recover only an efficient spend.

 

Incentivising efficiency gains

 

On the OpEx side of the business, there is still pressure from regulators to make efficiency gains (and many utilities seem to still be able to make gains) but the real issue is incentivising utilities to make those gains. Under the agreement with the VEO, efficiency gains will be shared equally between consumers and utilities.

 

Pick here to start a discussion of this issue in the Pipes & Wires group on Linked In.

 

Regulatory determinations

 

UK – the draft water & sewage determinations

 

Introduction

 

Pipes & Wires #75 noted the submission of the UK water & sewage businesses draft business plans to OFWAT as part of PR09, the price controls that will apply for the 5 years from 1st April 2010. This article examines the key aspects of OFWAT’s draft determinations.

 

Key steps in compiling PR09

 

Key steps in compiling the next price control have included...

 

·       Publication of OFWAT’s initial thoughts in March 2008 (Pipes & Wires #67).

 

·       Submission of draft business plans to OFWAT in September 2008 (Pipes & Wires #75).

 

·       Submission of final business plans to OFWAT in April 2009.

 

·       Release of the draft determinations in July 2009 (this article).

 

The next major step will be the release of the final determinations in November 2009.

 

Key aspects of the draft determinations

 

Key aspects of the draft determinations include....

 

·       Viewing PR09 as the first 5 year period within a 25 year planning period, which avoids lurches and discontinuities at re-sets.

 

·       An expected reduction in the average household bill of £14 from the current £344 to £330 over the control period, as opposed to an average £31 increase in the submitted business plans.

 

·       Of the £45 difference between the submitted business plans and the draft determinations, £15 relates to sharing of past efficiency gains and OFWAT’s expectation of future efficiency gains.

 

·       Approval of nearly £21b of capital works instead of the £24b sought, with the difference relating to OFWAT’s views on efficiency, scope and scale of investment and dealing with uncertainty.

 

·       Adoption of a capital expenditure incentive scheme (CIS) that encourages companies to submit challenging and efficient spend profiles and then out-perform them (sounds a bit like OFGEM’s IQI scheme – but I’ll stand corrected on that if need be).

 

·       A post-tax WACC of 4.5%, which is below the general range of 4.7% to 5.0% proposed in the submitted business plans.

 

Overall, the draft determination was a really good and easy read (the sort of thing that a consumer might actually read and understand !!!). Pipes & Wires will revisit PR09 when the final determination is released in November.

 

UK – meeting energy loss targets

 

Introduction

 

Reducing distribution losses seems to have an increased importance as distributors come under pressure to reduce CO2 emissions. This article examines a recent case in the UK where OFGEM refused to relax ScottishPower’s distribution loss targets.

 

Background

 

Each distributor in the UK has a loss reduction target set by OFGEM, which is expressed as a percentage of the total number of kWh distributed. If the distributor out-performs its target, it is rewarded with additional revenue and conversely if it under-performs its target it is penalised.

 

When ScottishPower calculated its original loss targets for the 2005-10 price control, it had included the losses associated with supplying large customers in southern Scotland directly from its transmission network when it should’ve omitted those losses (because strictly speaking, they are not distribution losses as they occur on the transmission network). When ScottishPower asked for an increase in its distribution loss targets it also sought an increase in the loss targets for the transmission network (which should’ve been omitted).

 

OFGEM’s decision

 

OFGEM’s decision was as follows...

 

·       Refused to relax the loss targets for the distribution networks.

 

·       Allowed an increase for loss targets for customers supplied by the transmission networks

 

The impact of this decision is that ScottishPower will not be able to recover £49.4m from the first 4 years of the prince control. However, had OFGEM also refused to relax the transmission loss targets, ScottishPower would have been unable to recover £58.8m.

 

Energy policy

 

Czech Republic – examining the nuclear policy

 

Introduction

 

So far Pipes & Wires has examined the nuclear policies of Holland, Spain, France, Sweden, Germany and the UK. This article takes a marked shift to the east for a look at the nuclear policies in the Czech Republic, a country that generates about 31% of its annual 83,000 GWh from nuclear power.

 

A rocky beginning

 

Going back to the unified nation, Czechoslovakia’s nuclear industry had its beginnings way back in 1956 when it was decided to build a 120MW nuclear station at Jaslovske Bohunice (which is now in Slovkia). The plant was based around the KS 150 which is a heavy water gas-cooled reactor and had the key advantage of being able to use indigenous unenriched Uranium reserves – perhaps an early recognition of the need for self-sufficiency.

 

Construction at Jaslovske Bohunice was plagued with difficulties, and wasn’t completed until 1972. Following a series of accidents in the mid-1970’s, the government decided against the large investment program necessary to improve its safety and operational performance and proceeded to decommission the plant and also to cancel a planned second reactor.

 

Momentum develops

 

While Jaslovske Bohunice was still under construction, plans for 2 new stations each with 4 Soviet VVER-440 reactors (a variant form of pressurised water reactor) were confirmed. The first station, at Jaslovske Bohunice, was commissioned in 1978 whilst the second station as Dukovany was commissioned in the mid 1980’s.

 

In the late 1970’s, two further stations were planned – one at Temelin based on 4 VVER-1000 reactors (but eventually cut back to 2) and one at Mochovce based on 4 VVER-440 reactors.

 

Accession to the EU

 

One of the conditions laid down by the EU in 1997 for intending member states was that all nuclear plants had to achieve western safety standards within 7 to 10 years. It’s not clear whether this was a cynical poke at Soviet-era VVER and RBMK reactors knowing that those reactors could never achieve Western standards and would need to be shutdown (putting those countries on the back foot economically) or whether it was motivated by genuine safety concerns. However a report by the Western European Nuclear Regulators Association in 2000 revealed that nuclear operating practices in the Czech Republic are comparable with those in the West, and the Czech Republic was admitted to the EU in 2004.

 

Current plans & policy positions

 

Recent plans include building 2, possibly more, large reactors to replace Dukovany sometime around 2020 and construction of a 1,500MW reactor at Temelin about 2020 with a second reactor at a later date.

 

Nuclear power does have reasonable support (about 60%, not much different to many other EU countries), with many seeing it as the only way to avoid an impending energy shortage and meet emission reduction targets. Next month Pipes & Wires will examine Lithuania’s nuclear policy.

 

Germany – which way for nuclear ?

 

Introduction

 

Pipes & Wires #77 examined Chancellor Angela Merkel’s back-peddle on the planned nuclear shutdown that would see about 17% of Germany’s generation capacity closed down by 2021. That article ended by noting that Pipes & Wires would re-visit this issue after the 17th Federal election in September 2009, so this article provides a bit of pre-analysis of issues and likely outcomes.

 

A quick summary of the shutdown policy

 

The 14th Bundestag was dominated by Gerhard Schroder’s Social Democrat Party (SPD) which won the 1997 election. The coalition enacted the Nuclear Exit Law in 2000 which has already seen 3 plants closed down with more to follow. However the 16th Bundestag under Merkel announced an intention to re-negotiate those shutdowns but recognised that her Christian Democratic Party’s (CDU) coalition agreement with the SPD would require the Exit Law to stay in place until the September 2009 election.

 

Views heading into the 2009 election

 

Merkel announced in early July that the CDU would reverse the Exit Law if it wins the election and can form a coalition with the Liberal Democratic Party (LDP). However opposition within the ranks of coalition partner SPD seems as strong as ever, with environment minister Sigmar Gabriel urging Merkel to reconsider her stance and order the immediate shutdown of all remaining nuclear stations.

 

Media comment suggests that the SPD are on the way out as public opinion shifts toward “phasing out the phase out” (but appears to stop short of approving new nuclear stations). Funnily enough, the big boost to “phasing out the phase out” might come from the unexpected quarter of the green movement (traditionally one of nuclear’s strongest opponents) which sees nuclear as one of the only means of achieving emission reduction targets.

 

Complicating the issue

 

A series of nuclear plant trippings over recent weeks during which the lights stayed on have added apparent weight to the SPD’s arguments that Germany could shutdown its’ nuclear stations with no loss of supply. One can’t help but think whether that argument confuses the lights staying on in the short term in the absence of nuclear plants with long-term security of supply margins. I guess a good analogy would be driving your car around with no spare tire ... sure you do it for a short time, but you probably wouldn’t want to do it for an extended period. 

 

As the battle lines appear to become more divisive, Pipes & Wires will make further comment once a post-election government has formed.

 

Europe – unbundling lines and energy

 

Introduction

 

Progress on unbundling Europe’s energy markets tends to be glacially slow interspersed with sudden flurries of activity, as many potentially conflicting political views have to be reconciled. And that’s without considering the spectrum of industry views ranging from threatening the entrenched order to creating profitable opportunities. This view examines recent progress  

 

Background

 

Unbundling of line and energy is at the heart of neo-liberal energy reform, and was around long before the EU seemed to turn down that path. Concern had arisen that the benefits of competitive energy markets resulting from directives EC 1996/92 and EC 2003/54 were not actually happening, and this was supported by an investigation by EU Competition Commissioner Neelie Kroes in 2005. One of the conclusions of this report was that there was insufficient unbundling of lines and energy to support real competition. The EU subsequently set out a preferred approach of full ownership separation and a less preferable approach of operational separation (wherein owners relinquish operational control of networks to an ISO).

 

One of the great flurries of activity amongst the glacial progression was the announcement in early 2008 that German utility E.On had offered to sell its transmission subsidiary E.On Netz (which would include 4,800MW of generation) in return for the dropping of a possibly damaging anti-trust investigation. This represented a significant breaking of ranks with both the German government and the 3 other German grid operators.

 

Early July 2008 saw the EU Parliament reject forced unbundling of vertically integrated gas businesses, siding with many member states. The diluted draft law would require internal separation … the much applauded “third way” … which represents a significant watering down of the ISO option. In regard to electricity, however, it seems the EU is determined to have nothing less than full ownership unbundling.

 

Recent moves

 

June 2009 saw agreement reached between the EU and Members of the European Parliament (MEP’s) on the Third Internal Energy Market Package which is expected to take effect in September 2009, and member states will then have 18 months to implement the Packages’ requirements into their own legislation. Key elements of the Package include strengthening the separation of lines and energy and promoting investment in grids (the lack of which was seen as a barrier to strong competition).

 

Not surprisingly, early movers such as E.On and Vattenfall are already trying to sell their grids, although the current financial crisis has dampened the ability of potential buyers to raise funds.

 

That’s probably a good place to end what seems a long, long discussion of unbundling at an EU policy level, however there will undoubtedly be plenty of fodder for future articles on member states policy, industry structural changes and of course individual deals.

 

Energy markets

 

NZ – controversy in the electricity market

 

Introduction

 

Electricity pricing in New Zealand has always been controversial, ever since I was a kid growing up in the days of cheap hydro electricity. This article tries to cut below the political furor over the recent Ministerial Review Of Electricity Market Performance 2009 to identify the real issues, and also to see if there is in fact a “right answer” or whether “right” is relative to the way you look at the situation.

 

Readers should note that this is completely separate from the Commerce Commission’s report on the possibility that electricity market participants may have abused dominant positions (which embodies the Wolak report)

 

Background

 

On 1st April 2009 the Minister of Energy, Hon Gerry Brownlee, initiated a review of the electricity market by a Technical Advisory Group. The terms of reference included market design, regulation and governance but specifically excluded ownership of SOE’s and price control of lines. The Review was released on 12th August.

 

Key findings of the Review

 

The Review expresses the view (and it’s hard to argue against it) that “a well-functioning electricity market should provide a reliable supply of electricity at competitive prices, that is prices which are as low as possible consistent with ensuring reliable supply over the long-term” and goes on to note that many see this objective as not being met with apparently excessive price increases and frequent supply crises.

 

The Review’s findings include the following....

 

·       Price rises may be at least partly justified by the decline of cheap Maui gas and the need to build new capacity, although the rate of retail price increases appears excessive in comparison to the cost of new generation.

 

·       Public conservation campaigns may be a lower cost alternative than building generation to cover every contingency, however the way in which dry years are managed could be improved.

 

·       Transmission reliability and capacity could be improved.

 

The Review’s recommendations include improving the management of dry years (including the possibility of asset swaps), restraining upward pressure on generation costs, improving the processes for grid investment, improving retail competition, replacing the Electricity Commission with an Energy Markets Authority including transferring grid investment approval to the Commerce Commission.

 

So is there a “right answer” ???

 

The above quote from the Review seems a good starting point to argue from, and it is very hard to argue against the proposition that it’s all about secure, reliable supply at the least possible cost. So it seems that, unlike many other public policy issues, there is a “right answer”.

 

Spain – consolidating the energy market

 

Introduction

 

Over the years Pipes & Wires has examined several attempted mergers of Spanish energy companies that would’ve seen the industry consolidate (albeit not in Spanish hands) if those mergers had been successful. This article steps back from the detail of those individual mergers to examine the industry as a whole and the relative size of each of the players, which hopefully give a sense of perspective.

 

Spain’s energy suppliers

 

Spain generates about 287,000 GWh per year (of which it consumes about 260,000 GWh) and also consumes between 1,100 and 1,200 PJ of natural gas per year (but only produces about 2 or 3 PJ). Hence Spain is an exporter of electricity but an imported of gas. Key players in the industry include...

 

·       Endesa, with 10,000,000 customers and annual sales of about 120,000 GWh.

 

·       Iberdrola, with annual sales of about 100,000 GWh.

 

·       Union Fenosa, with about 3,500,000 customers and annual sales of about 33,000 GWh.

 

·       Gas Natural, which has a share of the gas market of about 84%.

 

The energy champion

 

Readers may recall from several years ago that several European countries focused on the formation of national energy champions against a backdrop of ceding power to Brussels and concerns over security of national energy supplies. Germany certainly got its energy champion as E.On acquired Ruhr Gas, whilst France got its energy champion from the merger of Suez and Gaz De France. There was hope that as the ownership of Spanish utilities reshuffled that a national energy champion would’ve emerged, but alas that champion never emerged.

 

Consolidating the players

 

So, just to re-cap on the consolidation of the industry, the following mergers have occurred...

 

·       Endesa – both E.On and Gas Natural made unsolicited bids for Endesa in early 2006, but the final victors were Italian utility ENEL in conjunction with Acciona which made a lightning raid on Endesa’s share register in July 2007.

 

·       Iberdrola – way back in 2003 Gas Natural made a bid for Iberdrola, whilst more recently Electricité De France and Spanish construction company Grupo ACS launched a bid in February 2008 but which then went quiet, possibly as EDF turned its focus to the UK and the US.

 

·       Union Fenosa – successfully acquired by Gas Natural in mid-2009 after Grupo ACS sold its 45%.

 

·       Gas Natural – following their strategy of becoming a major player in the Spanish electricity market with unsuccessful bids for Endesa and Iberdrola, Gas Natural have finally been able to play a role in consolidating the industry.

 

So while clear consolidation of energy players within Spain has not really occurred, Spanish utilities have played a significant part in consolidating the European energy market.

 

A bit of light reading…

 

Book review – “Connecting The Country”

 

Helen Reilly’s latest book “Connecting The Country” is a history of NZ’s national grid from 1886 to 2007 that interestingly enough splits into the development of the AC and DC systems. Filled with photos, anecdotes and witty stories this is a really worthwhile read.

 

Order your copy from Transpower’s web site … cost is $60 incl. GST.

 

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.

 

·       A Jubilee History Of The Auckland Electric Power Board (1972).

 

Conferences & events

 

·       The Energy Roundtable (20th October, Wellington) - the time has never been better for the energy sector to converge together to network, learn, do business, debate and drive growth.  Leading the way this event brings leaders and thinkers to connect and collaborate over one day of candid discussion on the future of energy supply & demand, and the business and political implications of both.  In Conferenz signature style, you will hear just frank talk and ideas.

 

·       NZ Institution of Gas Engineers Spring Technical Seminar (21st – 2nd September, Auckland). Contact the Secretary of the NZIGE on (06) 349-0136 or pick here.

 

Assorted cool stuff

 

CapEx – general interest stuff

 

Levels of service and their impact on CapEx

 

This presentation was made at the Infrastructure CapEx Summit in November 2008. If you’d like a copy, pick here.

 

Upsizing – the other half of the hidden side of CapEx

 

This presentation was made at the Electricity Engineer’s Association conference in June 2008. If you’d like a copy, pick here.

 

Getting the CapEx right in the infrastructure sectors

 

This presentation was made at the NZIGE Spring Technical Seminar in September 2007. If you’d like a copy, pick here.

 

Renewals – (half) the hidden side of CapEx

 

This presentation was made at the Electricity Networks Asset Management Summit in November 2007 on the broad topic of asset renewals. If you’d like a copy, pick here.

 

PAS 55 – the emerging standard for asset management

 

To find out more about improving your asset management activities through adopting the emerging global standard for asset management PAS 55-1:2004 pick here or call Phil on +64-7-8546541, or to request a Slide Show on implementing PAS 55-1 pick here.

 

Website promoting best practice CapEx

 

Utility Consultants is pleased to announce the release of a specialist website dedicated to promoting best practice CapEx policies, processes and planning in the infrastructure sectors.

 

Assorted 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.

 

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.

 

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.