Impediment to Investment in the Latin America Power Sector Jaime Millan Inter American Development Bank CLAI – OAS Energy Conference March 19th, 2002
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Impediment to Investment in the Latin America Power Sector Jaime Millan Inter American Development Bank CLAI – OAS Energy Conference March 19th, 2002 Presentation • • • • Power sector reforms What investors want Investment drivers change with time Technical & institutional constraints to power sector reform • Conclusions 2 Reform has produced substantial benefits • Private sector has taken the investment burden while the lights are still on. • Substantial improvements in efficiency • Many sectors have profited from lower prices and higher quality – Large industrial and commercial consumers • State coffers drain has been reversed 3 Latin America is world leader in private investment in electricity Private investment 1990-99 Chile Argentina Brasil Panama Colombia Trinidad y Tobago El Salvador Republica Dominicana Jamaica Perú Bolivia Costa Rica Guatemala Nicaragua Honduras Venezuela México Ecuador Desinversión Nueva inversión Operación y manejo privado con inversión mayoritaria privada 0 Fuente: PPI Project Database, Banco Mundial 50 100 150 200 250 Dólares per cápita 300 350 400 4 450 Reform elements • Attracting private sector investors, mainly foreign • Enlisting market forces to attain efficiency in the competitive segments of the market, thus minimizing regulatory burden • Establishing a new regulatory framework and regulatory institutions that foster competition, attain efficiency in the monopoly segments and protect the consumer • Using non-distortion, well targeted instruments to address social considerations 5 But Recently... • Little appetite for investment – Few bidders for distribution, Ecuador, Colombia – Investment in generation in Chile – Brazil: Reluctance to invest in thermal generation – AES and ENRON • Wholesale Market interventions in Colombia, Brazil • Regulators independence and competence is 6 questioned :Colombia; Brazil What investors want and some ways to get it • Low risk – Commercial PPA – Regulatory good connections – Country insurance, IFIs loans • High profit – Low cost IDB loans, tax holidays, subsidies – High prices avoid competition, seek vertical integration – Improve efficiency • The strategies to attract investors have evolved over time 7 The Pioneer: The text book sequence to reform • Attracting private investors was a major concern of Chile’s Reform • Corporatization of SOEs • Regulatory framework Little regulatory discretion • Limited scope for competition • Finally privatization with plenty of incentives for local investors 8 The second wave: Argentina had to rush but learned from others experiences • Privatize SEGBA without having in place the regulatory framework and the market • Need to grant initial contracts for SEGBA thermal plants and attractive conditions for distributors • Later on investors were eager to participate in a competitive generation market driven by abundance of natural gas and a sound investment climate • But, market mechanisms for transmission expansion have not been successful 9 The second wave:Privatizing distribution a critical step • Capitalization: a success story – Made Bolivia’s reform possible – Bogota’s successful experience was key to Colombia’s reform but has not been replicated • Sequence in privatization is important but not sufficient as the Brazilian case shows • And some privatized companies were slow in making efficiency improvements 10 But generation faced bigger challenges • The establishment of a competitive wholesale market in Colombia and Brazil: Work in progress • Matching long-term and short-term price signals • Price volatility in a hydro dominated system • The problems of the transition and the threats of government intervention 11 Today’s investors Complains • Not enough incentives for investments • The changing rules of the game • Broken promises • And we need a better world Strategies • Vertical integration • Talk to the circus owner and seek special treatment • Ask their government intervention • Seek only PPAs 12 Changing rules of the game • Wholesale Markets are work in progress and must be adjusted – Handling market power and capacity charges in Colombia – Brazilian MAE Reform – Chile’s change in Law • A sword of two edges: The Colombian distribution charges review 13 Workable competition • Concentration of ownership. Several countries that had unbundled prior to privatization have relapse. • Limitations in the number of players due to small market sizes and strategic behavior of multinationals • Perfect competition is not possible and some degree of workable competition is the only competition we may still hope for. • There is a trade-off between the short-term needs for regulation and the danger of 14 foreclosing future opportunities for Questions: Workable Competition in Small Markets • Is market concentration inevitable? – The Global strategies of multinationals – The difficulties in integrating regional energy markets in the short-term • If the markets are not workably competitive then some sort of regulation is inevitable – what kind of market power mitigation mechanisms should be used • Contracts, Caps, cost based pools • Regulated of vertically integrated monopoly – how best could they be enforced in weak institutional contexts • Trade-offs 15 C o Vi rp. v En end el i Su E. SpA ez ON Ly A on G AE na Du S C ise ke or En p. En er g W des y ill a S So iam A K uth s C or e o ea rn . EP Co Co . Sc RW rp . ot tis E A Ib h P G er ow dr e ol r a SA n En ro Capitalisation (US$ m.) The world’s largest utilities, 2000 Source : Goldman Sachs 70000 60000 50000 40000 30000 20000 10000 0 16 Who is to blame? • Lack of coherence between the reforms and institutional endowments and lack of time consistency in incentives have made them vulnerable to external shocks – economic downturn – weather – strategies of the multinationals • For that reason it is necessary to search for 17 the original sin Institutional constraints • The critical role of institutions was seriously underestimated – Consultants lacked expertise in institutional issues – Regulation is a foreign concept in French Law, therefore the lack of regulatory culture • Institutional endowment is a limiting factor – Antitrust institutions are weak or nonexistent – Property rights are often not clearly defined and control is not always exercised by the owner – Unpredictable and prone to capture Judiciary – Weak financial institutions and lack of hedging instruments 18 Institutional Constraints... • Regulatory capacity is also limited – Regulatory bodies and governance of the pool lack independence, human and financial resources, and expertise – Lack of coherence between regulatory and oversight functions, and the adequacy of the institutions – These and the asymmetric relation with the private foreign investors make regulators easy to capture 19 Conclusions • Investors have participation constraints that must be met • There is not easy answer because building credibility in regulatory institutions takes time and solutions in the interim may foreclose the scope of a future competitive market • Tradeoffs must be 20 Impediment to Investment in the Latin America Power Sector Jaime Millan Inter American Development Bank CLAI – OAS Energy Conference March 19th, 2002