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PPP International Best Practice and Regional Application Tegucigalpa, Honduras April 23 - 25, 2008 Sponsored by the Spanish Trust Fund Building Sustainable PPP’s Session 1.2 Considering Private Sector Participation David Stiggers - Independent PPP specialist Session 1.3 Day 2 – Session 6 Day 1: Session 1.1 Setting Upstream Policy Overview of PPP Day 2:Session 5.3 Case Study Ports Day 2:Session 5.2 Case Study: Water & Sanitation Day 1:Session 1.2 Challenges: Latin Day 1- America Session 1.3 Considering Private Day 1:Session 1.3 Participation Considering PPP Approach Private Participation Day 2:Session 5.1 Case Study: Highways Day 1:Session 2.1 Day 1:Session 3 Case Study: Transmission Day 2 :Session 4.2 Selecting an Operator Planning the Process Day 2 :Session 4.1 Day 1:Session 2.3 Day 1:Session 2.2 Standards, Tariffs, Subsidy, Financials Involving Stakeholders Regulation & Institutions Session 1.3 - What will we look at? Session 1.3 - Considering Private Sector Participation Before introducing Private Participation, Governments need to: Document particular problems their service utilities face Diagnose the underlying cases of the problems Determine whether private participation can address the problems Session 1.3 - Considering Private Participation (PP) “We will look at four main areas…...” REVIEW: Underlying Policy Problems UNDERSTAND: Effects of Privatization ACHIEVE: Getting PP to work HOW?: Different PP Models Underlying Policy Problems REVIEW: Underlying Policy Problems UNDERSTAND: In this section we REVIEW underlying Effects policy problems related toof provision of Utility services, including Privatization Customer Connections ACHIEVE: Supply – Quality and Level of Service Sanitation services Getting PP to Money work Assets and Investment Service providers HOW? Different PP Models Underlying Policy Problems “Often the provision of utility services is unsatisfactory. A number of basic issues….” Basic issues affecting utility services can include: Connection rates – Many households don’t receive services from the utility, although they are prepared to pay for service. Quality of service – Those few connected get power service for only a few hours per day, of limited duration, water not safe to drink, and little sewage treatment. Lack of money – Solutions would be easier if customers could pay more or governments could raise more tax. External benefits – Improved services create benefits for others (e.g. reducing disease), but customers may be unwilling to pay Assets – With condition of underground assets hard to determine, private providers may be unable to make sensible bids for improvements Local, provincial and central government may have overlapping responsibilities Underlying Policy: 3 Other Factors “………. but three additional factors may create serious obstacles.” Basic issues affecting water services include: Three other factors create seriousdon’t obstacles Connection rates may – Many households receive: water or sanitation services from the utility, although they prepared to pay for service. These factors, alone or combined, may create obstacles to plans for water and Qualityservice of service – Those few connected get water for only a few hours per day, sanitation improvement: with water not safe to drink, and little sewage treatment. Water– services are critical all consumers Lack of money Solutions would beto easier if customers could pay more or Servicesgovernments are often provided undermore a natural could raise tax. monopoly; supply by one well run firm may be more effective than two or more firms External benefits – Improved waterare services benefits for othersif(e.g. Required investments large, create and cannot be reversed returns reducing disease), but customers may be unwilling to pay prove to be less than estimated Assets – With condition of underground assets hard to determine, private providers may be unable to make sensible bids for The combination of these factors potentially leads to trouble improvements Local, provincial and central government may have overlapping responsibilities Underlying Policy Problems - The Challenge “Given that the provision of utility services is unsatisfactory, and a number of issues influence this…..” The biggest challenge for governments is to address these issues and thus to encourage investment, in order to: Improve service quality Lower costs Extend access to services Possible Effects of Private Participation REVIEW: Underlying Policy Problems UNDERSTAND UNDERSTAND: Effects Effects of of Privatization Privatization ACHIEVE: In this section we show some of the possible effects of Private Getting PP to Participation in Utility services in work countries. developing We look at three main areas: Operation HOW? Investment Different PP Models Policy & enforcement Possible Effects of Private Participation “Private participation changes the sector, with an operator being independent of government, and with incentive to be profitable. ” Private providers cannot be directed in the same way as a public provider, and the profit incentives can cause it to take actions not in the public interest. However independence and profit can help the government to achieve its objectives. Private participation may have effects in three areas: The Operating Performance of the utility The utility’s investment decisions Policy and its enforcement Getting Private Participation to Work In this section we show some of the potential REVIEW: issues in getting Private Participation in water services to work. Underlying Policy Problems We look at three main challenges: UNDERSTAND: Ability and incentives to invest Protecting operator from risk of change Effects of in PP Arrangements Achieving ‘Fairness’ Privatization ACHEIVE ACHIEVE: Getting PP to work HOW? Different PP Models Getting Private Participation to Work “The experience of the last decade shows how important it is to get two main issues right – but also how difficult” TWO MAIN ISSUES: Giving the provider the ability and the incentives to make good operating and investing decisions Protecting the Operator from risk of losing through Government changing ground rules Getting PP to Work: ‘Fairness’ “In the last decade many PP arrangements have run into trouble or been cancelled. Lessons learnt show that the arrangement must be perceived to be fair and legitimate ” If the customers or operator feel that the arrangements haven’t been fairly implemented, then they can run into trouble Examples: Cochabamba and Manila To work well, the Government must create an arrangement that people perceive as being fair. If not: Customers & voters may pressure Government to override contractual protections The Operator may find his property rights or returns are less secure than expected Private providers may require a higher rate of return if the arrangement is not perceived as being fair Getting PP to Work: Fairness & Cost Rate of Return that must be promised “Additionally, perceived fairness allows a lower rate of return to be promised for a given legal protection – and possibly lower potential cost” Rules perceived as unfair Rules perceived as fair Strength of legal protections Getting PP to Work: ‘Fairness’ “WB PPP Toolkits explore ways of structuring fairness into PP arrangements, and here are some examples…. ” ARRANGEMENT ISSUES MODULE Customer Involvement: Consider how private participation affects customers, and how to involve them in arrangement design. 3 Tariffs: Working out how tariffs might change under various scenarios, and considering whether the change would be acceptable 6 Disputes: Allowing disputes to be settled by trusted or independent experts or arbitration. 7 Monitoring Performance: Choosing and designing good institutions for monitoring operator performance or adjusting tariffs 7 Pricing Rules: Writing pricing rules that cannot be easily change without both Government and Operator agreement 8 Transparency: Ensuring that the contracts are published and the operator is selected in open process 9 Models of Private Participation REVIEW Underlying Policy Problems UNDERSTAND In this section we show the key Effects Privateof Participation models: Privatization Management Contracts Affermage – Lease ConcessionsACHEIVE and Divestitures Joint Ownership Getting PP to work HOW? HOW? Different PP PP Models Models Different Models of Private Participation “It is useful to understand the nature of some key PP models, and implications for the Challenges of Private Participation.” Management Contracts Management Contracts transfer responsibility for managing a utility to an operator – often for 3 to 5 years Affermage - Leases In Affermage-Leases the operator is responsible for operating and maintaining the business, but not financing investment - with a term often from 5 to 14 years Concessions, BOTs (and variants) and divestitures Concessions give the operator responsibility for financing investment, as well as operation and maintenance, with assets returned to government after 25 or 30 years. Divestiture gives the same responsibilities, but ownership of the assets stays with private investor Joint Ownership Joint Public / Private Ownership of the Operating Company is a possibility, and offers certain advantages PP Models More details Definition Type of of operator arrangement duties Selected responsibilities of the operator Stylized typical profit function for operator Selected risks typically borne by operator - and typical share of total project risk Management Supplies management services to the utility in Contract return for a fee Providing management services to the utility Fixed fee + Bonus - managers’ salaries and related expenses Ownership of opera ting assets Ownership of infrastructure assets Depends onthe nature of the performance bonus – very small Contracting authority Contracting authority Affermage Runs the business, Employing staff. retains a fee (generally nt Operating and equal to the customer maintaining utility tariff) based on volume of water sold, but does not finance investments in infrastructure assets (Affermage fee x volume of water sold) – operating and maintenance costs Operating and commercial risks - significant Operator Contracting authority Lease Runs the business, retains revenues from customer tariffs, pays lease fee to the contracting authority, but does not finance investments in infrastructure assets Revenue from customers- operating and maintenance costs - lease fee Operating and commercial risks -significant Operator Contracting authority Concession Runs the business and finances the investment but does not own the infrastructure assets Employing staff. Operating and maintaining utility. Financing and managing investment. Revenue from customers - operating and maintenance costs - finance costs - any concession fee Operating, commercial Operator and investment related risks - major Contracting authority Divestiture Runs the business, finances investment, and owns theinfra structure assets Employing staff. Operating and maintaining utility. Financing and managing investment. Employing staff. Operating and maintaining utility Revenue from customers - operating and maintenance costs - finance costs - any license fee Operating, commercial and investment related Operator risks - major Operator Note: The use of terms such as "affermage," "lease," "concession," and "divestiture" varies, and arrangements that go by these names do not always have the features set out Other in the things table. being equal, the operator bears more demand risk in an affermage because the government's payment is fixed in a lease, and variable in an affermage Reviewing Session 1.3 ‘This session has looked at a whole range of issues for analysis and allocation of responsibilities & risks in PP design…………. REVIEW: Underlying Policy Problems UNDERSTAND: Effects of Privatization ACHIEVE: Getting PP to work HOW?: Different PP models Checklist: Considering PP ‘……..and what to do before beginning this process is discussed in this Checklist” Prepare an analysis that answers the following questions: What is the Government’s objective? How would it like to improve the provision of Utilityservices? What deeper policy problems seem to underlie the service problems? What are the options for addressing the problems – including reform of public providers, reform of “upstream policy” (see later Session), and private participation? What could each of the options be expected to achieve? What are their likely costs and benefits? What has happened with reforms on similar places (also see “More Information” slide) Building Sustainable PPP’s Session 1.2 THANK YOU ! Considering Private Sector Participation David Stiggers - Independent PPP specialist Session 1.3 More information: Considering Private Participation: Other References: Fundamental political-economy problems in the provision of water services and broad strategies for addressing them: Gómez-Ibáňez 2003, Nickson and Franceys 2003, Savedoff and Spiller 1999, and Smith 1997a Recent trends in private participation in water: World Bank 2003 Evidence and arguments about the effects of private participation, including case studies: Abdala 1996, Barlow and Clarke 2002,Bitran and Valenzuela 2003, Brocklehurst and Janssens 2004, Clarke and others 2004, Crampes and Estache 1996, Estache and Rossi 2002, Gray 2001, Harris 2003, Lobina and Hall 2003, Megginson and Netter 2001, Nickson and Vargas 2002, Palaniappan and others 1999, Plummer 2002, Public Citizen 2003, Rivera 1996, Saghir and others 1999, 200, Sirtaine and others 2005, Shirley 2002, Shirley and Walsh 2000, Sirtaine and others 2005 Concessions and management contracts in particular: World Bank 1997b Contacts For comments or further details contact: Junglim Hahm Cledan Mandri Perrott Richard Cabello Sabino Escobedo David Stiggers [email protected] [email protected] [email protected] [email protected] [email protected] Building Sustainable PPP’s Session 1.2 Considering Private Sector Participation David Stiggers - Independent PPP specialist