kate cahill, herbert smith freehills - examining the prospects for privatising qld electricity...
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Kate Cahill, Partner, Herbert Smith Freehills delivered this presentation at the Asset Privatisation Briefing Day. Informa's Asset Privatisation Briefing Day offers an essential guide to the sale of government infrastructure assets, including analysis of the motivations for recycling capital plus state-based reviews on recent asset sales and updates on future plans for privatisation. Find out more at http://www.informa.com.au/assetprivatisationbriefingTRANSCRIPT
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Kate Cahill, Partner, +61 7 3258 6477, [email protected]
5 DECEMBER 2013
EXAMINING THE PROSPECTS FOR PRIVATISING QUEENSLAND’S ELECTRICITY ASSETS
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• Overview of Queensland Government owned electricity assets
• Why are we talking about privatisation in Queensland?
– 2013 Queensland Commission of Audit
– Productivity Commission
– Infrastructure Partnerships Australia
– Federal Government
• The rationale for privatisation
• Prospects for electricity sector privatisation in Queensland
– status of the State Government’s plans
OVERVIEW
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OVERVIEW OF QUEENSLAND GOVERNMENT OWNED ELECTRICITY ASSETS
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QUEENSLAND’S ELECTRICITY GOCS
Generation
Transmission
Distribution
Retail Largely privatised since 2007
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•
• State’s largest generator: capacity to supply 45% of QLD’s power needs
• 10 power stations
• Coal, gas, hydro & diesel
GENERATION
(Source: Stanwell website)
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• 4 power stations
• Coal and hydro
GENERATION
(Source: CS Energy website)
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TRANSMISSION
• Licenced to operate > 13,000 km of
Queensland’s high-voltage
transmission network
• Operates Queensland – New South
Wales Interconnector
(Source: Powerlink website)
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DISTRIBUTION
• Supplies 700,000 customers in
regional Queensland (97% by area)
• Supplies 1.3 million customers
in south-east Queensland
(Sources: Ergon website and Energex websites)
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RETAIL
• Sells electricity to rural and regional customers only
• Customers can make one-time election to move to a private sector retailer
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WA SA TAS VIC NSW QLD
Generation1 M2 5 8 M11
Transmission 3 M6 9
Distribution 3 10
Retail M4 7 M12
OWNERSHIP OF ELECTRICITY ASSETS IN OTHER STATES
1 Excludes Snowy Hydro generation in Victoria and New South Wales.
2 Verve Energy, owned by the Western Australian Government, produces about 60% of electricity consumed in the South West Interconnected System (SWIS) (as at February 2012).
3 Privately owned electricity transmission and distribution networks mainly service mining operations in the Pilbara.
4 Customers in SWIS consuming more than 50 megawatt hours of electricity a year and customers outside the SWIS can choose their electricity retailer, although at present, Horizon
Power (GOC) is the only retailer in many regional areas.
5 Majority of generation is Tasmanian State government owned.
6 Basslink (interconnector) is privately owned.
7 Split and sale of Aurora Energy is expected to complete by the time full retail competition is introduced on 1 January 2014.
8 NSW Government is in the process of selling Macquarie Generation.
9 Excluding interconnector between QLD and NSW which is privately owned by Directlink.
10 With the exception of ACT, which is serviced by ActewAGL, a public private partnership.
11 Queensland state owned generators represent 64% of generation supply.
12 Following privatisations in 2007, Ergon’s wholly owned subsidiary, Ergon Energy Queensland Pty Ltd, retained certain regional retail customers that were inaccessible to the other
suppliers.
= Private ownership = Public ownership M = Mixed ownership
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WHY ARE WE TALKING ABOUT THE POTENTIAL FOR PRIVATISATIONS IN QUEENSLAND?
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• Estimates that $25-30 billion is required to restore the State’s triple-A credit rating
‘This reduction in debt cannot be done by adjustments to the state operating
statement…if the government were to achieve a consistent fiscal surplus of 1% of
revenue year after year, it would take 50 years to reduce debt by $25 billion.’
• Strongly recommends privatisation of the State’s electricity generation,
transmission and distribution assets (estimates combined book value of
approximately $25 billion)
• Echoes recommendation of 1996 Queensland Commission of Audit
• Also identifies alternatives to privatisation
• Other interim measures
• Suggests timing
2013 QUEENSLAND COMMISSION OF AUDIT REPORT
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• The current ‘incentive-based’ regulatory regime would be strengthened, rather
than diminished, by privatisation
• In contrast to private businesses, cost and availability of capital are less likely to
act as further incentives for performance
• Governments are held publicly accountable for costs and service levels which may
lead to short term decisions for political purposes
2012 PRODUCTIVITY COMMISSION REPORT
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Recommends that the Government commit to seeking a 2015 electoral mandate to
sell all publicly owned electricity businesses
Estimates that full privatisation would have a bottom-line impact to State finances of
between $40 billion and $48 billion (in 2012 dollars)
• Opportunity to restore the State’s triple-A credit rating, reducing the cost of
government borrowing
• Generational opportunity to reallocate capital to a ‘stalled’ infrastructure project
pipeline
• Opportunity to apply permanent downward pressure to the State’s electricity prices
relieving cost of living pressures and restoring the competitiveness of Queensland
businesses
• Opportunity to address a ‘conflict of interest’ where the Government is both a direct
market participant and an objective policymaker
2013 INFRASTRUCTURE PARTNERSHIPS AUSTRALIA REPORT
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October 2013:
• Assistant Federal Treasurer Arthur Sinodus listed the ‘effective deployment of
state balance sheets’ as one of ‘three key priorities in the Coalition’s
infrastructure policy’
‘This should start with the sale of existing assets to fund
higher-priority greenfield investment.’
November 2013:
• Federal Treasurer Joe Hockey signalled the Commonwealth's in-principle support
for a time-limited protection of the imputed tax revenues from State owned
corporations
PRESSURE FROM THE COMMONWEALTH GOVERNMENT
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REASONS FOR PRIVATISATION
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1. The State’s resources could be redirected to other sectors which are more suited
to State ownership
2. GOCs have conflicting motives which don’t always sit well with the overall
electricity regulatory regime
3. Private ownership enhances efficiency in the electricity sector
4. Historic reasons for State ownership in the electricity sector no longer exist
THE RATIONALE FOR PRIVATISATION
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PROSPECTS FOR ELECTRICITY PRIVATISATION IN QUEENSLAND
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• April 2013: Government’s response to the Commission of Audit report:
– Generators will not be privatised without a clear mandate from voters (most
likely at the 2015 election)
– Government will not seek a mandate to divest distribution and transmission
assets at the next election
• May 2013: Interdepartmental Committee on Electricity Reform (IDC) reported to
Government including recommendations from the Independent Review Panel to:
– stop building unnecessary infrastructure and improve the efficiency of network
businesses (IRP identified $5 billion in savings for network service providers)
– maximise the benefits of competition while protecting customers
– develop a more effective role for Government
STATUS OF THE GOVERNMENT’S PLANS
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• June 2013: Government’s response to the IDC report – endorsed the
recommendations
• September 2013: Government released discussion paper on 30 year electricity
strategy
Subsequently, the Government has announced plans to:
• establish a holding company model for the two distribution companies
• remove electricity price regulation in south-east Queensland by 1 July 2015
• review the uniform tariff policy and develop a long term tariff reform strategy
• implement the National Energy Customer Framework in 2014
• align Ergon Energy’s retail load with government-owned generators CS Energy
and Stanwell
• facilitate open and transparent community debate on the merits of continued
government ownership of energy assets for generation and retail
STATUS OF THE GOVERNMENT’S PLANS
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It was reported in late October 2013 that the Government had appointed Rothschild
to undertake a scoping study of Powerlink
This was met with a swift response from Treasurer Tim Nichols that the Government
has no plans to privatise Powerlink:
‘The Newman Government has already said that Queensland’s electricity distribution
and transmission businesses are not for sale, but we are currently considering
whether to seek a mandate to sell the State’s generation assets.’
However, the Government will ‘investigate ways to finance capital expenditure into
the future, without increasing debt and ultimately the burden on Queensland
taxpayers’
STATUS OF THE GOVERNMENT’S PLANS
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Generation
• Government is considering seeking a mandate at next election (2015) to sell CS
Energy and Stanwell
Transmission
• Powerlink scoping study looking at ways to ‘inject private investment’, but
Government is not looking for a mandate to sell it at next election
Distribution
• Government is not looking for a mandate to sell Ergon or Energex at next election
Retail
• No clear position, other than Government will not divest without a mandate
• Timing may depend upon how the Government tackles the uniform tariff policy and
retail competition reform
• Query whether Ergon’s retail arm is sold in conjunction with other electricity assets
IN SUMMARY