Pipes & Wires

THE JOURNAL OF ENERGY & INFRASTRUCTURE THOUGHT LEADERSHIP

Issue 86 – September 2009

 

From the director…

 

Welcome to Pipes & Wires #86. This issue starts by noting 2 regulatory policy issues in New Zealand, and also includes some events in Australia and the US. However the bulk of this issue examines a wide range of happenings in Europe, from nuclear policy to mergers to anti-competitive behavior.

 

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Regulatory policy

 

NZ – draft decisions on the Default Price Path reset

 

Introduction

 

Pipes & Wires has been closely following the evolution of the price control regime for electricity lines businesses following the amendments to Parts 4 and 4A of the Commerce Act 1986. This article examines the Commerce Commission’s draft decisions on the Default Price Path reset that it expects to apply to all non-consumer owned lines businesses from 1st April 2010.

 

Legal framework for the DPP

 

Subparts 5, 6 and 7 of Part 4A of the Commerce Act 1986 set out the various instruments that the Commission can use to regulate the supply of goods or services. Sections 53K to 53P set out the requirements for the Default Price-Quality Path (DPP), and in particular s53O requires a s52P determination to be made that must include a specified range of elements such as the structure of the DPP, starting prices, rates of change and quality standards.

 

The draft decision

 

The draft decision expects that the reset will...

 

·       Be given effect via a single DPP, that the reset DPP will include separately defined and assessed price and quality paths, that the key parameter used will be “notional revenue”, and that the DPP will apply for 5 years.

 

·       Roll over the prices from 31st March 2010 and make any P0 adjustments once the Input Methodologies process has concluded.

 

·       Apply a single X factor to all lines businesses, and that the X factor should by 0 ie. CPI – X will become CPI.

 

·       Continue to include a supply quality standard of “no material deterioration” which will be based on the SAIDI and SAIFI from the 2005 to 2009 period inclusive.

 

·       Will not include any specific mechanisms for incentivising energy efficiency as those mechanisms are considered complex and too difficult to include in the 2010 reset. However the Commission does note its belief that because lines businesses will have flexibility to adjust pricing structures under the DPP, there is at least some incentive to promote energy efficiency.

 

Next steps

 

The Commission will be receiving submissions on the draft decisions paper until 11am, Monday 12th October 2009. The Commission then expects to publish an updated draft decisions paper in November 2009.

 

Disclaimer

 

This article is a summary of the full paper, and does not purport to capture all the details. Those affected by the draft decision should read the paper in its entirety. Utility Consultants does not accept any liability for any action or inaction based on this article.

 

US – opposition to Energy Corridors

 

Introduction

 

Pipes & Wires #71 and #80 examined the provision buried in Title XII, Subtitle B of the Energy Policy Act 2005 for the Secretary Of Energy to designate National Interest Electricity Transmission Corridors (NIETC’s). This article examines the challenge by a Colorado county and a coalition of environmental groups on a plan to approve 6,000 miles of NIETC’s on federally-owned land in the western USA.

 

The basis of the challenge

 

A challenge to the Bush administration’s “West Wide Energy Corridors” was filed in the Federal District Court in San Francisco by San Miguel County (Colorado) and a group of environmental advocates based on 2 issues...

 

·       That the designation doesn’t do enough to encourage renewable energy.

 

·       It puts wildlife and public lands at risk.

 

The group claims that the designation violates the National Environmental Policy Act, the Endangered Species Act and apparently the Energy Policy Act itself.

 

A few comments

 

Most of us fully appreciate that these sorts of battles rely on emotional appeals, and they probably always will because in many cases there is no single right answer.

 

However one of the more apparently flawed assumptions is that the transmission lines that would be built on these corridors would somehow be conveying coal-fired electricity when in fact the increasingly strong picture is that it is renewables (particularly wind farms in remote areas) that are driving transmission investment in new areas. Presumably the basis of the court filing (“doesn’t do enough to encourage renewable energy”) overlooks this issue.

 

Pipes & Wires will make further comment as the court action progresses.

 

NZ – the future of asset management plans

 

Introduction

 

In late July the Commerce Commission released a discussion paper on Information Disclosure. Chapter 8 of that paper considered the role that asset management plans (AMP’s) are likely to play in fulfilling the purpose of Information disclosure. This article which has been reprinted from Pipes & Wires #85 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 business’ 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.

 

Regulatory determinations

 

Switzerland – electricity under pressure

 

Introduction

 

Downward pressure on prices is one of the key objectives of most regulatory regimes. This short article examines the recent transmission tariff reductions ordered for Switzerland’s 380kV and 220kV grids by the Federal Electricity Commission (ElCom).

 

Last year’s tariff reductions

 

In June 2008 the ElCom commenced an investigation into electricity transmission prices after complaints from the public. After examining the costs of about 40 grid operators, ElCom decreed that the total grid charges for the 2009 year must be reduced by about €280m (and in all fairness, the decreed reductions were itemised and included lines items for which there was only weak justification). Operators were ordered to recalculate their tariffs and to refund the “over charging” from the first few months of the 2009 tariff year. Although the operators were able to appeal ElCom’s ruling, ElCom decreed that its ruling would take effect immediately and would make adjustments for the results of any appeals at a later date.

 

This year’s tariff reductions

 

On the 19th May 2009 the proposed tariffs for the 2010 year were published. These tariffs were about 17% higher than for the 2009 year due to general cost increases and the inclusion of additional control system assets, and some of those tariffs were provisionally reduced after a review by ElCom. However on 28th May 2009, the ElCom decided to launch an official investigation into tariffs.

 

Pipes & Wires will make comment as and when decisions (in English) emerge.

 

Industry re-structuring

 

Germany – unbundling the grid

 

Introduction

 

The impending enactment of the Third Internal Energy Market Package is expected to result in significant structural change in the EU energy sector as a mad scramble to unbundle lines and energy occurs. Like all structural changes, there will be leaders and followers, and probably few surprises about who those leaders will be. This article examines the restructuring of RWE’s UHV transmission grid business RWE Transportnetz Strom into a fully functional enterprise called Amprion that will report directly to RWE’s group chief executive.

 

A bit about Amprion

 

Amprion will employ 850 staff, and is planning on investing €3b in new transmission capacity over the next 10 years. Amprion sees its major challenges as integration of renewables and providing a hub for increased competition in generation.

 

What’s in a name ?

 

The name Amprion means strength, reliable power transmission and transparency, and is derived from Ampere and Vision. It is also seen as similar to the Latin word Amplus meaning “far” or “extensive” which reflects its investment horizons.

 

So how is Amprion different from RWE Transportnetz ?

 

One of the key drivers of the Third Internal Energy Market Package has been the EU’s concern that competition in Europe’s electricity and gas markets is being dampened by the high degree of bundling of lines and energy with its associated incentives for the incumbent line owner to favor its own energy business. The move to visibly separate Amprion from being generally integrated with RWE’s other businesses should facilitate competition, but more importantly it gives RWE’s grid some history as a stand-alone business (like a couple of years separate financial accounts and analysts commentary) if and when the time comes to sell it.

 

Energy policy

 

Lithuania – examining the nuclear policy

 

Introduction

 

Pipes & Wires is slowly working its way around Europe, examining various nuclear energy policies. The article examines the nuclear policy of Lithuania, which generates about 70% of its annual 12,500 GWh generation from nuclear.

 

Chronology of nuclear power

 

Lithuania’s foray into nuclear power began in 1974 when planning began for a 3 x 1,500 MW station near the village of Ignalina, with construction beginning in 1978. The station was based around the Soviet-designed RBMK-1500 (which was a scaled up version of the RBMK-1000 used at Chernobyl, and proved to be a source of great concern after the Chernobyl melt-down in 1986).

 

Unit #1 was commissioned in 1983 and shutdown in December 2004 as a condition of Lithuania’s entry into the EU. Unit #2 was commissioned in 1987 and is scheduled for closure in December 2009, although the closure was the subject of a referendum that failed. Unit #3 was abandoned during construction and then demolished.

 

In 2006 Lithuania invited Latvia, Estonia and Poland to join with it to build a 2 x 1,600 MW station at Ignalina to replace the original station, and in July 2008 the Visaginas Nuclear Plant Company was established. Construction bids are expected to be sought over the next few months.

 

Nuclear policy drivers

 

Lithuania’s nuclear policy is driven by 3 powerful and potentially contradictory drivers...

 

·       The need for a secure electricity supply to underpin economic growth.

 

·       The commitment to close Unit #2 at Ignalina as part of Lithuania’s entry to the EU.

 

·       Pressure from the EU to reduce dependence on imported Russian gas (which fires about 18% of Lithuania’s annual generation).

 

Current policy

 

Lithuania’s current policy is to honor the commitment made to shutdown Ignalina #2 and to press on with a replacement station. This is aligned to the EU’s policy of reducing dependence on Russian gas and supporting demonstrably safe nuclear power (the EU is very conscious that another meltdown could reverse the tide of public opinion which is definitely warming toward nuclear power).

 

Next month Pipes & Wires will examine Bulgaria’s nuclear policy.

 

France – merging the gas zones

 

Introduction

 

Readers will probably recall Pipes & Wires coverage of the consolidation of the German gas market into “something less than 10” high-pressure zones at the behest of the Bundesnetzagentur. This article examines the Commission de Régulation de l’Énergie’s (CRE) desire to see a similar consolidation of the French gas market (possibly into 1 large zone covering the northern half of France) from April 2011.

 

The existing gas zones

 

Since 1st January 2009, the market for high-pressure transmission has been organised into 3 balancing zones. Transmission System Operator (TSO) TIGF operates the south-west zone, whilst GDF-Suez subsidiary GRTgaz operates the remaining 2 zones.

 

The issues driving consolidation

 

Research and public consultation by the CRE has revealed the following drivers for consolidation...

 

·       Access to the south of France remains difficult, with no access for the Fos-sur-Mer LNG terminal.

 

·       The desire to interconnect with the Spanish gas transmission system.

 

·       The need to strengthen gas import capacity from North Africa.

 

Proposed consolidation

 

The CRE proposed 3 options for consolidation...

 

·       Merging the north and south zones of the GRTgaz transmission system.

 

·       Adjusting tariff rules in the south of France, and in particular abolishing the tariff change between the TIGF and GRTgaz networks.

 

·       Maintaining the status quo.

 

The general views emerging from the CRE’s public hearings seemed split between users and network operators, with users commenting that the 3 zone structure established on 1st January 2009 has been good, and that moves to 2 and ultimately 1 zone should definitely be considered. On the other hand, network operators (in particular GDF-Suez and Total) were hesitant to endorse the process and timeframe for further consolidation. However it appears that the tariff abolition between the TIGF and GRTgaz’ south zone will proceed.

 

Pipes & Wires will check back on the CRE’s moves as news emerges.

 

Aus – keeping generation and retail separate

 

Introduction

 

Splitting and re-amalgamating generation and retail is always contentious (especially when many stakeholders perceive that it hasn’t worked). This article examines the rumored re-amalgamation of Western Australia’s generator Verve Energy and retailer Synergy that was recently scotched by Energy Minister Peter Collier.

 

The original split of generation and retail

 

As part of Western Australia’s electricity reforms, the energy activities of the vertically integrated Western Power were disaggregated into a generator called Verve Energy and a retailer called Synergy. All Verve’s generation was to be traded through a wholesale market (WEM). This process is usually always controversial and sensitive, but perhaps nowhere more than in Western Australia where the strict pecking order of base, firming and peaking generation made it far from obvious how competition would emerge (unless of course, IPP’s stepped into the breach).

 

The rumored re-amalgamation

 

In October 2008 Premier Colin Barnett announced that Verve and Synergy would be re-amalgamated in 2009 “in order to stem Verve’s losses”. These losses arose from Verve being unable to recover the full cost of generation, losses, which as one commentator observed, were always there but have now become visible due to Verve’s stand alone structure.

 

Criticism of Barnett’s announcement was wide and extreme, ranging from the electricity users “don’t stop the reform process now because we need to give new entrants confidence” to the political opponents unhelpful “told you so”.

 

The most recent decision

 

As of late August 2009, the re-amalgamation appears to be off. In an address to an energy conference Collier announced that Verve and Synergy would not be re-amalgamated, but instead that a “shake up” of the WEM rules would occur to “fix Verve’s financial woes”. Given that Verve simply wasn’t charging enough for its electricity (apparently the legacy of Government-instructed tariff freezes) it’s not clear how a “shake up” of the WEM rules will make Verve profitable.

 

Pipes & Wires will make further comment as this issue progresses.

 

Asset strategy

 

US – big batteries for the Lone Star State

 

Introduction

 

News recently emerged of a 4 MW storage battery to be located in Presidio, Texas to improve transmission reliability. This article examines the underlying reliability issues and exactly what Electric Transmission Texas’ strategy is.

 

Background

 

Electricity Transmission Texas (ETT) is a joint venture between American Electric Power (AEP) and MidAmerican Energy Holdings to build transmission lines in the Electric Reliability Council of Texas (ERCOT) jurisdiction (Readers may recall from Pipes & Wires #82 that AEP and MidAmerican also have a joint venture called Electric Transmission America to promote 765kV grids).

 

A bit about the batteries

 

Battery technology seems to be advancing rapidly, and has certainly advanced a long way from the sticky graphite C cells that we gleefully dissected as kids. We then moved on to NiCad and MerCad’s for scientific calculators, and then mobile phones needed fancy batteries (Lion’s I believe they are called). The battery that ETT plans to install at Presidio is a Sodium-Sulfur battery. NaS batteries (as they are called) are ideally suited to grid reliability support because of their high energy density and long cycle life. The battery is contained in a steel canister (which serves as the cathode) whilst the molten sodium core serves as the anode.

 

ETT’s strategy

 

ETT has plans (subject to feasibility studies) to invest $1b in the ERCOT jurisdiction to improve grid reliability. One of these projects is to improve supply reliability into one of the oldest towns in the United States – Presidio, Texas on the Rio Grande. Presidio is a small town of just over 4,000 people so understandably grid security levels would probably be about (n).

 

The NaS battery will be part of the new Gonzales substation which is scheduled for completion before the mid-summer air conditioning peaks of 2010. The 2nd part of the project will comprise a 60 mile long 69kV line from Marfa (the county capital) to Gonzales due for completion in 2012. The battery will be able to inject up to 4 MW for 8 hours to maintain supply at Gonzales if the Marfa line trips. The substation and battery are estimated to cost about $23m, whilst the Marfa – Gonzales line will cost about $44m. Making a couple of guesses about what the battery might cost, it seems a very viable alternative to building a 2nd line from Marfa.

 

Mergers & acquisitions

 

Germany – EnBW takes a bite of EWE

 

Introduction

 

The German electricity and gas sectors seem to be consolidating at a frightening pace, with acknowledged giants E.On, RWE and Vattenfall being prominent in the news. This article examines the recent acquisition activity of the less well known German giant EnBW (which is actually Germany’s 3rd largest utility and is also 45% owned by Electricité De France), and also looks at the regulatory concessions extracted from EnBW.

 

The target

 

The acquisition target is EWE which is Germany’s fifth largest utility with annual revenues of about €4.7b, 1,000,000 electricity customers and 1,200,000 gas customers in the region between the Elms and Elbe Rivers. EWE, in common with EnBW, has a cornerstone of its shares owned by municipalities, and has been looking for strategic partners to acquire that 26% of its shares.

 

The deal

 

EnBW will acquire a 26% stake in EWE for an expected consideration of about €2b, making this one of the biggest deals in the energy sector for a few years. The practical effect of the deal will be that EnBW will acquire EWE’s stake in Verbundnetz Gas AG (VNG).

 

The only other bidder for the stake was Gaz De France (GDF), which was rumored to have bid about €1.5b.

 

The regulatory concessions

 

Most of us are very familiar with the need to make concessions to avoid market dominance (and the precise requirement varies between jurisdictions). The Bundeskartellamt (BKartA) gave EnBW 2 choices to meet its competition requirements...

 

·       Either EnBW must sell its subsidiary GESO (which supplies energy around the Leipzig and Dresden regions), or

 

·       EWE must sell its stake in VNG.

 

The chosen option has been for EnBW to sell its stake in GSEO. As usual the deals are all subject to an inter-twined arrangement of shareholder and regulatory approvals.

 

Energy markets

 

Europe – gas under pressure

 

Introduction

 

Pipes & Wires #62 examined the alleged collusion between E.On and Gaz de France to stay out of each others’ retail markets based on their joint ownership of the MEGAL Pipeline dating back to 1976. This article examines the recent fines that E.On and GDF have received from the European Commission.

 

Background

 

The core of the EC’s argument is that joint ownership enabled a degree of collusion. For its part, E.On has freely acknowledged that a gas transportation agreement was in place between the then Ruhr Gas and GDF from 1975 to 2005, but that this agreement has since been terminated and is of no relevance.

 

The end game

 

The EC has fined both E.On and GDF €553m each (that’s right ... over €1b in total), but what exactly for ?

 

The core element of the EC’s ruling is based on the fact that Ruhr Gas (and subsequently E.On) and GDF continued with their 1975 deal for 5 years after the requirement to liberalise energy markets took effect in 2000, despite knowing that the deal would breach Article 81 of EC Treaty. The EC found that Ruhr Gas / E.On and GDF actively continued to maintain collusive behavior by continuing to meet to monitor each others’ adherence to the original deal after 2000.

 

Understandably, both E.On and GDF-Suez plan to appeal the EC’s ruling. One of the themes that is foremost in my mind as I write this is the apparent conundrum between promoting fair and reasonable competition (and hence downward pressure on margins) and the need to allow reasonable recovery of long-life investments (which won’t occur if that downward pressure on margins is too fierce). Pipes & Wires will make further comment as the appeal process progresses, and – hopefully in Pipes & Wires #87 - will also examine a parallel “situation” that GDF-Suez has found itself in.

 

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.

 

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.