Pipes & Wires

THE JOURNAL OF ENERGY & INFRASTRUCTURE THOUGHT LEADERSHIP

Issue 87 – October 2009

 

From the director…

 

Welcome to Pipes & Wires #87. This month we cover a fairly wide range of global matters including regulatory decisions, policy shifts and a possible re-start to some M&A activity in Europe. As usual, comments are welcome.

 

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Regulatory policy

 

NZ – safety management systems set to become law

 

Introduction

 

Pipes & Wires #62 examined recent amendments to the Electricity Act 1992 (and to the Gas Act 1992) that will require an increased emphasis on public safety. The draft Electrical (Safety) Regulations 2009 made pursuant to the amended Acts were recently released for consultation by the Ministry of Economic Development. This article reviews the amended Acts and the draft Regulations and sets out some steps for meeting obligations.

 

Legal framework

 

The Energy Safety Review Bill was introduced to Parliament in 2005 to implement the recommendations made by the EnergySafe Working Party in 2001. The Bill had a two-fold purpose…

 

·         To improve the electricity and gas safety regimes to effectively protect the public and property.

 

·         To improve the occupational regulation of electrical workers, gas fitters, plumbers and drain-layers. A key aspect of this purpose is competency-based licensing.

 

As the legislative process proceeded, the Bill was split and was eventually passed into law as 4 separate Acts...

 

·           Electricity Amendment Act 2006.

 

·           Gas Amendment Act 2006.

 

·           Health & Safety in Employment Amendment Act 2006.

 

·           Ministry Of Energy (Abolition) Amendment Act 2006.

 

The Electricity Amendment Act 2006 modified the Electricity Act 1992 as follows...

 

·           Section 12 of the Electricity Amendment Act 2006 inserted a new Section 61A into the Electricity Act 1992. The insertion simply says “Electricity generators and electricity distributors must have safety management systems”.

 

·           Section 27 of the Electricity Amendment Act 2006 inserted new Sections 169A and 169B into the Electricity Act 1992. Section 169A sets out the matters that any Regulations must include and may include, whilst Section 169B sets out two miscellaneous provisions.

 

As of early September 2009, the Electricity Amendment Act 2006 was not yet in force, and will be bought into force in parallel with the Electricity (Safety) Regulations 2009 (provisionally timed for 1st January 2010).

 

The draft Regulations

 

The draft Regulations cover many safety related issues (which readers should examine for themselves), however a key focus is in Part 3 of the draft Regulations which addresses safety of works and sets out the matters a Safety Management System must address. It is very process based, and broadly includes the need to systematically identify, assess and eliminate hazards.

 

Next steps

 

It is likely that some changes will be made to the draft Regulations as a result of the recent consultation process. Notwithstanding any timing requirements resulting from any changes, the draft Regulations were expected to come into force on 1st January 2010. The requirements of the draft Regulations are to have an SMS implemented and audited by 31st December 2011. 

 

Disclaimer

 

This article is not intended as specific legal or consulting advice, and of necessity summarises matters into a flowing, narrative style. Neither Utility Consultants Ltd nor its’ directors or shareholders accepts any liability for any action or failure to act based on this article.

 

Regulatory determinations

 

NZ – final approval for the 400kV grid

 

Introduction

 

After what seems forever - Pipes & Wires coverage started in May 2005 - the final go-ahead for the so-called 400kV grid (more correctly known as the North Island Grid Upgrade Project) was given last month. This article recaps the scope of the grid and examines the final process steps.

 

A short (very short) history of the NIGUP

 

The proposed 400kV grid was already controversial when the interim route decision was released 4½ years ago. Amongst the more bizarre aspects of the approval process was the Electricity Commission’s rejection of the basic 400kV proposal whilst the Minister of Energy instructed Transpower to proceed with detailed planning.

 

In June 2007 the Electricity Commission gave its final approval to an amended version of the original 400kV proposal. Anti-pylon group New Era Energy sought a judicial review of that decision, claiming inter alia that the Commission had pre-determined its approval. This process drew on throughout the first half of 2009, with the High Court declining New Era’s application and New Era’s subsequent decision to appeal the High Court’s decision (which brings us to about now).

 

On a parallel path to the investment approval issue was the equally torturous environmental approval. As the line route crossed so many councils, the then Minister for the Environment used the call-in powers of the Resource Management Act 1991 to have the matter heard by a Board Of Enquiry.

 

The final approval

 

In September 2009 the Board Of Enquiry released its decision to approve the NIGUP after having previously released its draft decision in May 2009. So at last Transpower can get stuck in build what will New Zealand’s biggest infrastructure project since the HVDC Pole 2 replacement in 1991.

 

The story at length

 

Interested readers can follow the story across Pipes & Wires #40, #45, #47, #51, #82 and #83.

 

Aus – the NSW gas pipes draft decision

 

Introduction

 

Jemena Gas Networks recently submitted its proposed access arrangement for its NSW gas networks for the 5 year period beginning on 1st July 2010 to the Australian Energy Regulator (AER). This article examines the proposal to provide some context for future analysis as draft and final decisions are made.

 

Assets covered by the proposal

 

The assets covered by the proposal include 24,000km of gas pipelines serving just over 1,000,000 customers in the Australian state of New South Wales. These assets were formerly owned by Australian Gas Light which sold them to Alinta which in turn sold them to a consortium led by Singapore Power and Babcock & Brown.

 

Key elements of the proposal

 

The proposal sets out several tables of unit charges under the heading of Initial Reference Tariffs which unfortunately do not lend themselves to easy comparison between draft and final proposals and decisions as other access decisions have been examined. The classes of charges include...

 

·       Demand capacity rates.

 

·       Demand throughput rates.

 

·       Provision of basic metering.

 

·       Volume throughput.

 

·       Fixed charges.

 

·       Minimum aggregate charge.

 

·       Meter reading charges.

 

·       Ancillary services

 

Pipes & Wires will make further comment around February 2010 as the draft decision emerges.

 

UK – progress on the 5th electricity price control

 

Introduction

 

OFGEM is currently working on the 5th electricity distribution price control review (DPCR5) which runs for the 5 years starting on 1st April 2010. This article updates progress on DPCR5 to set the scene for some final analysis and comment.

 

Progress on DPCR5

 

Progress to date on DPCR5 includes...

 

·       Release of OFGEM’s initial consultation paper in March 2008, with consultation until June 2008.

 

·       Working with distributors over the period July to November 2008 to finalise expected costs.

 

·       Release of further thoughts on how desirable policy outcomes might be incentivised.

 

·       Release of a policy paper in December 2008 setting out OFGEM’s 3 key policy objectives for DPCR5.

 

·       Publication of the methodology and initial results in May 2009.

 

·       Release of various papers discussing how various classes of costs would be treated.

 

·       Compilation of initial proposals.

 

Next steps

 

The next steps will include responses to initial submissions, compilation of final submissions, and final decisions. Pipes & Wires will examine the final submissions and OFGEM’s final decisions probably about March 2010 which will conclude coverage of DPCR5.

 

Energy policy

 

Bulgaria – examining the nuclear policy

 

Introduction

 

This month Pipes & Wires examines Bulgaria’s nuclear policy, a country that most of us probably know very little about. Bulgaria generates about 12,000 GWh of its annual 38,000 GWh from nuclear, with most of the balance being coal-fired.

 

Bulgaria’s entry to the nuclear age

 

Bulgaria’s only nuclear power station is near the Danube River town of Kozloduy, near the Romanian border. Construction began at Kozloduy in 1967 and the station entered commercial operation in 1974. The station comprised 6 units as follows, which at its peak would’ve generated about 3,760 MW...

 

·       Units 1 to 4 were VVER 440/230 reactors. Units 1 and 2 were decommissioned at the end of 2003 as part of a 1993 agreement between the European Bank for Reconstruction and Development and the Bulgarian government. Units 3 and 4 were shutdown in 2006, just hours prior to Bulgaria’s accession to the EU (despite being originally licensed to operate to 2011 and 2013 respectively, and being certified as fit to operate beyond those dates).

 

·       Units 5 and 6 are VVER 1000 reactors, commissioned in 1988 and 1993 respectively.

 

The VVER reactors are the Soviet equivalent of the western PWR reactors, and were operationally safer than the graphite-moderated RBMK reactors used at Chernobyl (although this was simply because the RBMK’s were built without containment structures to reduce costs).

 

The EU accession issue

 

As a prelude to Bulgaria’s accession to the EU, Bulgaria had previously agreed in 1993 to decommission the 4 VVER 440 reactors at Kozloduy which had been deemed unsafe, but subsequently failed to abide by that agreement. In 1999 the EU required Bulgaria to commit to the closures before accession talks could begin, and so in 2002 Bulgaria agreed to close the 4 reactors, which in the final event occurred only hours before Bulgaria’s accession. The closure is still highly controversial, and the Bulgarian government is seeking to have them reopened on the basis of remedial work that was done well prior to closure and approved by the International Atomic Energy Agency.

 

Recent (pre-election) nuclear policy

 

Until recently Bulgaria’s policy was to embrace nuclear power, and accordingly in 2008 a start (or more like a re-start) was made on a new nuclear station near Belene in northern Bulgaria. Belene will comprise 2 third-generation AES 92 VVER reactors supplied by Atomstroyexport, Areva and Siemens with commissioning expected at the end of 2013 and 2014 respectively. Key policy drivers included the need to substitute for the closure of the 4 VVER 440 reactors at Kozloduy, and the need to reduce dependence on imported Russian gas.

 

Current (post-election) policy

 

The new conservative government that was elected in July 2009 has agreed to review the Belene contracts in conjunction with the Russian contractors. Officials from the new government claim that Bulgaria has no need for Belene, and options include scrapping the project and reducing the Bulgarian governments 51% stake to around 22%. In an interesting twist, we see a shift from a socialist government embracing nuclear power to a conservative government questioning the need for nuclear power.

 

Germany – forming the nuclear policy post-election

 

Introduction

 

Pipes & Wires has been examining the nuclear energy policies of various European countries, and previously noted that it would be worthwhile re-visiting Germany’s policy after the September 2009 federal election. This article provides some analysis and comment following the election.

 

Background

 

Pipes & Wires #77 noted a shift in thinking by Germany’s ruling party to actively embracing nuclear power, but also noted that any formal policy shifts would be unlikely before the Federal election of September 2009. Pipes & Wires #85 provided a quick summary of the key parties positions and indicated that if Angela Merkel’s Christian Democratic Party (CDU) could form a coalition with the Liberal Democratic Party (LDP) it would reverse the Nuclear Exit Law 2000.

 

The election results

 

As pre-election polls suggested would happen, the Social Democrat Party (SPD) took a pasting at the ballot box, losing 76 seats. The CDU (and its sister party the Christian Social Union) gained 13 seats but suffered a slight loss in overall share of the popular vote, whilst the Free Democratic Party (FDP) gained 32 seats. The CDU/CSU and the FDP have announced their intention to form a center-right coalition led by Merkel whilst the SPD conceded defeat. Interestingly enough, both the Left and the Greens won large gains in the popular vote (but no sufficient to gain any significant representation).

 

Shaping the nuclear policy

 

Little time was lost in reaffirming the coalition government’s taste for nuclear energy, with a formal statement emerging from the CDU that Germany needed nuclear energy as a bridge until renewable are able to fill the gap - key issues cited were dwindling primary energy sources, high oil prices and global warming. Meanwhile the head of the Greens said opposing any change to the nuclear phase out would be her top priority.

 

Aus – lifting the retail electricity price caps

 

Introduction

 

A key feature of energy sector reforms is the shift from regulated energy prices (or price caps) to allowing the market to set energy prices. This article examines the findings of the Productivity Commission’s Annual Review of Regulatory Burdens on Business which urges the completion of the energy sector reforms that began 15 years.

 

The role of the Productivity Commission

 

The Commission is the Australian Government’s key advisor on economic, social and environmental issues. As the name suggests, the emphasis of the Commission’s work is to life the economic productivity and hence standard of living of all Australians.

 

The review’s findings

 

Chapter 5 of the Review addresses electricity, gas, water and sewage. The second point in the chapter summary concludes that...

 

·       Retail price regulation is distorting consumption and investment decisions.

 

·       Those caps should be abolished by individual states and territories as soon as effective competition has been demonstrated.

 

·       Until the caps are abolished, retail prices should allow for pass thru’ of any carbon tax costs.

 

·       The Energy Markets Agreement should be strengthened to ensure stronger and clearer commitments to competition reviews.

 

Interestingly enough, the first point in the chapter summary recommends that the Australian Energy Regulator investigate ways of reducing the cost and complexity of network access reviews.

 

Abolishing the retail caps

 

The review notes that the Australian Energy Market Commission has completed competition reviews for Victoria and SA, and had scheduled reviews for NSW in 2009 and the ACT in 2010. However the NSW review has been deferred until 2011 due to the possible privatisation of the generation companies.

 

The Victorian review concluded that competition is effective in both electricity and gas, and as a result retail price caps were abolished in January 2009. Similarly the SA review found that there is effective competition (although more so in electricity than gas) and that retail price caps should be abolished no later than December 2010 for electricity and June 2011 for gas. However the SA Minister for Energy rejected the AEMC’s recommendation for the time being – given the unending political sensitivity of energy prices, it’s perhaps not surprising.

 

Asset strategy

 

Managing the CapEx

 

Introduction

 

Asset management as a discipline has matured over the last 15 or years or so, from a backroom amalgam of engineering and finance to a globally recognised discipline in its own right. This article is a re-print from Local Government magazine and presents my views as an asset and regulatory strategist that the next (and possibly the first) really big challenge will be managing the huge wave of CapEx over the next 10 years or so … it is generally recognised that the global cost will run into trillions of dollars !!!

 

What’s this huge wave of CapEx ??

 

This huge wave of CapEx is the Renewal and Upsizing of assets that are either…

 

·         nearing the end of their useful engineering lives, or

 

·         are not big enough for the job at hand.

 

This wave goes by various names such as “the bow-wave” or in the electricity sector “the wall of wire”. Although there are some pockets of unbelief, the reality of a bow-wave … call it what you will … of Renewals and in some cases Upsizing is imminent.

 

How can we manage this huge wave of CapEx ??

 

The short answer is through organisation-wide structures, systems and processes. Although the actual physical work of digging holes, pouring concrete and bolting together steel might seem at most to require some sharp project management (which it undoubtedly will) the sheer amount of work needing to be done will require additional structures, systems and processes.

 

So what are these structures, systems and processes ??

 

My view (and I’m happy to debate this one) is that the bow-wave of CapEx is just so big and so all-embracing that it require organisations to jump out of their asset management loop and have a dedicated CapEx function … we’re already seeing some of the more forward-thinking infrastructure owners establishing a CapEx project delivery function reporting directly to the CEO. Underpinning this delivery structure is the need for a well defined CapEx Governance process that defines objectives, accountabilities and processes for the entire CapEx process, from the initial thoughts through to analysis, justification and approval, and on through design and construction.

 

Many of your organisations will be doing most of these things, some to a high degree of sophistication with extensive analytical tools whilst others with more limited resources may be forced to use less sophisticated means such as the back of fag packet. What will be important going forward is the need to get demonstrable continuity and connection between all these various clusters of processes and potentially prove to an external regulator that oodles of rate-payers money is being used wisely.

 

To learn more about the disciplines of asset management and CapEx visit www.utilityconsultants.co.nz or www.capex.cjb.net or call Phil on (07) 854-6541.

 

Mergers & acquisitions

 

UK – EDF looks to sell the UK wires

 

Introduction

 

News emerged a while ago that Electricité De France (EDF) is looking to sell its UK electricity distribution business, EDF Energy. This article examines the background to the deal, the likely deal value, and what (if anything) we can discern from EDF’s strategy.

 

Background

 

EDF has made strong moves to expand its international presence - readers will recall that Pipes & Wires has covered EDF’s acquisition of British Energy and its moves on Constellation Energy in the US. A while back some analysts began asking whether maybe EDF had bitten off more than it could comfortably chew, and is now having to sell assets in a rather sluggish M&A environment to retire what is thought to be about €5b debt.

 

The likely deal value

 

EDF Energy has a regulated value (RAV) of around £3.5b, and is thought to be going on to the block for about £4b. Likely bidders are thought to include....

 

·       Abu Dhabi Investment Authority.

 

·       Cheung Kong Infrastructure (which already owns a stake in Northern Gas Networks).

 

·       Borealis Infrastructure

 

·       Ontario Teachers’ Pension Plan

 

·       Canadian Pension Plan

 

·       Scottish & Southern Energy

 

·       National Grid

 

·       Morgan Stanley Infrastructure

 

·       Goldman Sachs

 

·       Macquarie Bank

 

·       Global Infrastructure Partners

 

·       RREEF (Deutsche Bank)

 

·       3i Infrastructure

 

It might be rather surprising that E.On doesn’t appear amongst the list, unless their appetite for further regulated businesses in the UK has dampened.

 

What can we discern about EDF’s strategy ?

 

Any organisation’s strategy is ultimately manifest in fixed assets, so reshuffling portfolios of assets on such a grand scale should give some insights into EDF’s strategy. Two possibilities come to mind...

 

·       The preference for selling the UK wires business, keeping the UK energy business and continuing with the Constellation bid in the US could suggest an “unregulated” strategy ahead of the likely unbundling in the EU zone.

 

·       Maybe the need to raise as much cash as quickly as possible to keep the parent company afloat is more pressing, and selling the regulated business was seen as a more lucrative move – a bit of an arbitrage strategy.

 

No doubt all will be revealed in time, and Pipes & wires will make further comment as news emerges.

 

Energy markets

 

France – gas under pressure

 

Introduction

 

The EU’s crusade against alleged collusion in energy markets continues. Following an examination of the fines levied on E.On and GDF Suez in Pipes & Wires #86, this article looks at the EU’s investigation that Gaz De France’s practice of reserving LNG import capacity amounts to abusing a dominant market position.

 

The EU’s concerns

 

The core of the EU’s concern is that GDF Suez practice of long-term reservations of LNG regasification and pipeline capacity constitutes abuse of a dominant market position (I guess their reasoning is that an operator subject to competition would not be able to do that).  

 

GDF Suez’ commitments

 

GDF Suez has made the following commitments to the EU...

 

·       To sell up to 3.1 BCM of entry capacity per year from 1st October 2010 to third parties across various entry nodes, increasing to 4.175 BCM per year from October 2011.

 

·       To sell upstream transport capacity to third parties until 30th September 2027 at Waidhaus and Medelsheim, and until 30th September 2025 at Zeebrugge and Blaregnies.

 

·       If requested by buyers, sell capacity until 30th September 2018 at NBP and Zeebrugge IZT.

 

·       To sell LNG terminal capacity of 1 BCM per year at Montoir de Bretagne from 1st October 2010 and 2.175 BCM per year at Fos Cavaou from 1st January 2011.

 

·       To limit the reserved share of long-term entry capacity to less than 50% of available capacity from 1st October 2014 to 1st October 2024.

 

Obviously GDF Suez has had to put a lot of thought into developing these commitments.

 

The editor comments

 

Cases such as this increasingly highlight the tension between the incentive to fairly and reasonably recover long-term investment and the need to limit market dominance. Where this becomes really tricky is when an asset owner has the offer of a long-term contract but must forego that contract to meet anti-trust requirements.

 

To add another twist to this, economic regulators are beginning to require transmission pipeline owners to demonstrate customer demand signals to justify new capacity. I would’ve thought that the offer of a long-term contract would be one of the strongest demand signals available.

  

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.