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CRISIL YOUNG THOUGHT LEADER 2006 “Should the government or market forces determine prices in the Indian energy sector?” Jasleen Kaur Room no: 59, RMH Hostel Xavier’s Institute of Management Bhubaneshwar Email id: [email protected] [email protected] Phone No: 9937412412 Contents Executive Summary: .......................................................................................................3 Introduction:....................................................................................................................4 Market, Government or Independent Regulation: ............................................................4 Types of regulations: .......................................................................................................5 Cost plus method (Rate of Return):..............................................................................6 Performance Based Regulation (PBR): ........................................................................8 Utility reforms in other countries:..................................................................................10 Chilean electricity sector: ..........................................................................................10 The market model is critical to all other decisions:.....................................................10 Present situation of Indian Energy Sector and scope for improvement: ..........................11 Oil and gas: ...............................................................................................................11 Current situation ...................................................................................................11 Way ahead:............................................................................................................11 Power sector:.............................................................................................................13 Current situation ...................................................................................................13 Way ahead.............................................................................................................14 Conclusion: ...................................................................................................................15 Bibliography: ................................................................................................................16 Executive Summary: To attain higher growth rates than those feasible now India must ensure reliable availability of energy at internationally competitive prices. However our present pricing structure fails to support growth of our energy sector. In such a case we try ask which one is more desirable; continuation of government interference in price determination, independent regulation or market forces. We reach the conclusion that the nature of the sector is such that to prevent exploitation of consumers we cannot leave pricing entirely to market as monopolists will then push up the prices. Regulation can lead to creation of pseudo competitive market conditions. But for price discovery various factors need to be kept in mind. We cannot directly hope to have all correct policies in place at all the time but we can learn from experience of other countries and from reforms of different sectors within the country. Critical evaluation of Cost Plus Method and Performance Based Regulation for price determination is carried out and it has been recommended to move towards the latter. After having a look at the current financial situation and efficiency of Power and Oil sector certain steps to move towards better pricing to ensure long term sustainability have been recommended. Introduction: Rising oil prices have not only led to nations looking for alternative sources of energy but also raised concerns about role of governments in setting of prices for energy sector. Proponents of market efficiency have often raised voices against interference of government in markets as it leads to inefficiency. It is well understood fact that in order to meet India’s growing demand for energy, significant new investment is needed and the necessary legal and regulatory framework must be in place to attract the needed capital. Supply of energy at a reasonable price could be a major bottleneck in the efforts to maintain high rate of growth of Indian economy. Undoubtedly, there is a huge untapped potential for our energy sector. But with the present price regime, it is next to impossible to tap the potential. The focus of the paper is on Power sector with some discussion on Oil sector. The conclusions drawn can be extended to any regulated utilities. Market, Government or Independent Regulation: The current scenario clearly demands the role of the government to fade away with time in determining prices in any market, whether it is oil, foodgrains, gas, electricity etc. Regulation is often seen as replacement of government orders as the principal institutional device for assuring good performance. However regulation in context of the paper would be seen as independent regulation (Competitive regulation which prevents abuse of market power rather than non-competitive which aims at controlling prices and supply). Public utilities are subject to regulation because of the important role they play in any economy. In a market scenario unlike a regulated one there is no assurance of return on investment. Unless until the long run marginal costs equals average tariff the investment will not be forthcoming. In such a case to attract investments into the sector regulation becomes a must. Attracting investments in not an end in itself. To sustain profitability we need price reforms. Another problem is ability of natural monopolies to raise prices to elbow out competition and if not regulated may lead to exploitation of consumer and also dampen the growth of economy. After recognizing the importance of independent regulator in markets to create synthetic competition in otherwise natural monopolies we see that the key to success however lies in successive evolution of regulation to be able to provide business incentives to serve customers, lead to price discovery, attract investment, improve efficiency, and expand capacity. Policy makers should be able to provide an environment in which managers can earn profits and investors get returns for the risks taken. Types of regulations: We’ll see in the course of the paper why energy cannot be completely left to the market and in the hands of government. Energy sectors all around the world are regulated in some form of other. We’ll now look at various methods of regulation, their impact on profitability of utilities, implications for efficient use of resources and ability to sustain development of the sector. Cost plus method (Rate of Return): It involves determination of allowable expenses, a rate base and the rate of return to be allowed on the rate base. The rate base also known as capital base, represents the written down value of assets less approved loan. The formula adopted for calculation of Annual Revenue Requirement (ARR) is as follows: RR= CoP + EC+ MC+ AC +D +I + T +[RB x RoR] Where, ü RR = the total annual revenue requirement of the utility (after taking credit for any subvention from State Government) ü CoP = Cost of power purchased ü EC = Employee Cost ü MC= Material Cost ü AC= Administration and General Cost ü D = annual depreciation expense ü I = Interest on various loans ü RB = the rate base (required investment) of the utility = Capital base in case of a licensee and Fixed assets in case of the Board ü T = annual taxes paid by the utility ü RoR = the allowed rate of return on investment (debt and equity) = Reasonable return in case of a licensee and not less 3% surplus for the Board Presently Power sector and hydrocarbons in India are regulated by the RoR method. Some drawbacks: Information asymmetry due to concealment of information or providing wrong information Lack of incentive for utility to perform since both improvement in efficiency and increase in efficiency can be passed to final consumer Tendency to over invest. Since the above method requires calculation of return on capital base the more you invest more will be your profits. . Table 1: Financial performance of state power sector( in Rs. Crore) Performance Based Regulation (PBR): Performance based systems gives direction to the regulated firms .The firms can then chose the way in which they want to meet these targets .The regulatory commission sets targets for the key performance parameters of the utility and calculates the tariff assuming that the targets are met. If the utility exceeds the target, it would make profit, and if it falls short there is profit reduction or even loss. PBR makes use of the firm’s information advantage. The regulator thus controls less behavior and rewards outcomes. There are number of different approaches to PBR viz. price cap, revenue cap, profit sharing methods etc. Under this method, maximum prices or revenue are established for a period of say 5 years. The maximum price or revenue is fixed on the basis of projection. The popular method is the using RPI –X +Y. Where, RPI is the index, X is the expected improvement, and Y is uncontrollable costs. The regulated firm can retain profits within the cap. Some of he advantages of this method over ROR are: Once the tariff is determined, it remains in place for some time. Thus the PBR brings in the feature of stability to the tariff structure PBR is less susceptible to the risk of over-investment by the firm. Mechanism of retaining profits provides the necessary incentive to the regulated firm to reduce cost and improve efficiency Cost plus method for value chain of power sector can be understood as below. Though it seems that such pricing provides no incentive for cost cutting it usually ends up in under recoveries at every level because of stringent nature of evaluating the ARR’s. There is a need for system to be self sustainable rather than regulator looking at each and every cost of the licensee. Generation Proposed–1.75P/U Passed -1.5 P/U Transmission Proposed-3.5P/U Passed-2.75 P/U Distribution Proposed -7 P/U Passed-4.5 P/U Final consumer 4.5 P/U (Usually in such cases the cap on the P/U (Price per Unit) for consumer user is decided and the accordingly costs that can be recovered from consumers are allowed) Table 2 Annual Revenue Requirement Application for the FY 2004-05 filed by CESCO 14% 30% 8% § § § Depreciation Interest Reasonable Return 12% 36% Investment Related EC RM BadDebts dep Looking at Table 2 we see that there is a need to look further into costs that utilities are incurring. For example reasons for high employee cost, is depreciation high because of overinvestment, is the utility picking high cost loans leading to higher interest payments etc. Performance based system on the other hand will ensure that companies themselves are efficient for the profits they make by way of efficiency can be kept by them. Now we’ll look at utility reforms in countries across the world and keeping them in mind evaluate Indian pricing and regulation scenario and suggest areas for improvement. Utility reforms in other countries: Chilean electricity sector: Chile’s power market (though relatively small in size) has successfully delivered low prices and reasonable rates of return for investors. This has been due to a combination of free entry into the generation sector and the price restraint posed by the marginal cost based bidding system in the power pool which has limited the short run exercising of market power by the three incumbent generators. The result of free entry has been that their market share of capacity has fallen from 79.7% in 1993 to 59.1% in 2003 with the share of the largest company, Endesa, falling from 47.7% to 27.6%.37 This situation has come about in part due to the lack of restrictions on new building and the fact that the linear nature of the transmission system has made upgrading the transmission links reasonably straightforward. The Chilean system illustrates the success of private ownership of generation combined with free entry in the presence of cost based bidding. The market model is critical to all other decisions: Market seems panacea for all problems however governments should consider how much competition will occur and where it will occur before settling issues such as privatization, interconnection, incentive regulation, and universal service. The UK started with pure price cap regulation for BT, but had to shift to something closely resembling rate of return regulation because competition did not develop as quickly has had been hoped. Present situation of Indian Energy Sector and scope for improvement: Oil and gas: Current situation: State controlled refiners and retailers in the fiscal year ending on March 2006, lost a combined $8.6 billion. And Merrill Lynch estimates they will lose another $12 billion to $20 billion this year. Under-recoveries in petroleum products which was Rs 45,400 crore during 200506 is estimated to be Rs 72,000 crore during 2006-07 Cost of production with returns methodology is least suitable for fixing price of a commodity like gas, as producer prices worked under this method were based on historical costs as per books of accounts and thus do not incorporate the impact of additional investments planned in offshore and onshore producing fields The current dispensation is sending wrong signals to the oil companies since There is no pressure on them to innovate and improve efficiencies and to reduce their cost of operations. They know that the under-recoveries would get covered by bonds and government-directed discounts from upstream companies. Way ahead: The trade parity principle for pricing petrol and diesel recommended in Integrated Energy Policy report envisages price as a weighted average of the import parity and export parity prices in the ratio of 80:20. This will reflect true opportunity costs. The price so determined would act as a ceiling with the government not interfering in price. The marketing companies should be allowed flexibility to fix the actual retail price subject to the indicative ceiling. This will introduce an element of competition that will be in consumer interest. Regulator in downstream and upstream sector on lines of regulation in power sector. Had there been an oil sector regulator in place today, it would have had no option but to ensure the government compensated firms like Reliance for such under-pricing. In the electricity sector, where the Delhi government wanted to keep tariffs low, to cite a similar case, it actually gave a subsidy to the new private players (BSES and NDPL) to ensure this. Table 3 The anomalies present in table 3 and 4 highlight the fact that lower prices are not universally the goal of liberalization. Where prices have been subsidized to be well below cost, liberalization may be intended to bring prices into line with costs and lay the grounds for future investment. Table 4 Power sector: Current situation High transmission and distribution (T and D) losses and inaccurate estimates of the same act as a barrier to private sector T and D losses in the northern region still range between 27 and 44 per cent( 17th Electric Power Survey Report) Mounting subsidies in which suggests transparency and routing the same through State budgets. Unbundling of Utilities as part of SEB reforms. Way ahead Introduce limited competition where bulk consumers are given option of buying power from generating source of their choice. Restructuring the Accelerated Power Development and Reform Programme (APDRP) by tackling issues of lack of baseline data to assign accountability and assess outcomes; poor preparation of projects; and lack of incentives for the staff to reduce the aggregate technical and commercial (AT&C) losses. A process of “Tariff Rationalization” to cover the gap between expenditure and revenue, reduce distortions arising from cross subsidies and reduce Government subsidy is inevitable, which may cause tariffs to initially rise but reduce later as efficiency gains are achieved. Long term tariff Principles: (LTTP) · Tariff principles will be quantified and fixed for a control period of 3 to 5 years.( Multi Year Tariff ) · Profitability of licensees is neither guaranteed nor capped, but entirely dependent on their performance. Further, profit in excess of normative returns achieved by means of higher efficiency, growth in business, etc., would be shared with consumers through rebates. · Standards of quality for supply and customer service will be monitored closely and penalties for falling short will be introduced in a phased manner. · Adequate investments in the business for asset creation and working capital must be ensured, and licensees will be fully compensated for it. Conclusion: Letting markets determine prices is not the panacea of problems of Indian energy sector. The ultimate aim of any utility reform is to bring efficiency and attract investment. Our current pricing system is far from achieving these goals but at the same time we need to understand that move towards deregulation is progressive one. Historically all utilities were regulated. Regulations are in place to serve a purpose but at the same time there is a need to continuously evolve with time. Majority of regulated sector pricing started off as cost plus and gradually countries moved towards performance based. As seen above Market liberalization does requires market regulation for its sustenance. At the same time effective pricing will require that many obstructions such as government interference, distortionary tax structure etc. also need to be looked in tandem. However any regulation should be independent from the influence of the government to have sustainability in the tariff principles which otherwise would become a tool for serving political purposes. Bibliography: · A citizen’s primer on the electricity sector, Prayas Energy Group , Pune · Consultative paper on Long Term Tariff Principles , Andhra Pradesh Electricity Regulatory Commission,2002 · www.oeirc.com · http://www.infraline.com/iplus/iplus.asp?Id=61 · http://bear.cba.ufl.edu/centers/purc/publications/documents/World_Lessons.PDF · www.thehindubusinessline.com · Integrated Energy Policy-Report of the Expert Committee, Planning Commission, Government of India ,August 2006 · Jamison M.A. “Lessons from the World's Utility Regulators” 27 March 2000. · Pollitt M. “Electricity Reform in Chile Lessons for Developing Countries”, CEEPR, September 2004 · Report of the Committee on Pricing and Taxation of Petroleum Products ,February 2006