Wednesday, 1 July 2015

Demand, problem and criticism of private sector



Private sector (domestic and foreign) has done a commendable job. It has been generating hydro-electricity for twenty years. Now, it contributes about 35% of the total hydro-electricity. The rest comes from the government that started generation more than 100 years ago. Many major projects initiated by private sector are underway.


Demand

The key demands of private sector are as follows. Please view Details regarding fees, tenure, taxation policy, royalty, VAT and custom to better understand the existing policies.

a) Extension of license:- Demanding for a longer tenure. (At least 40 years).

b) VAT exemption:- Although government of Nepal announced a subsidy of NPR 5 million per MW as a part of VAT exemption, private sector is demanding for full exemption.
                                                                                                                                             
c) Revision of royalty:- The COD is to be considered as the base year for capacity royalty calculation.

d) Increment in PPA rates:- Private sector is never satisfied with the PPA rates.

e) Dollar denominated PPA:- If not possible for the entire tenure, private (foreign) sector is seeking for dollar PPA, at least for the debt repayment period.

f) Sovereign guarantee:- Government's guarantee is needed to ensure the timely payment if NEA defaults.

g) Strict policies for those who obstruct construction:- Private sector is demanding for a strict punishment policies to those people who try to obstruct the construction and operation of the project.

Problem faced by the private sector

a) Irresponsible NEA:- There are many instances where developers have suffered badly due to failure of NEA to construct transmission line. Sanima Mai hydro project (22 MW) is the recent victim. Similarly, Sipring Khola hydropower project (10 MW) in Dolakha has not been able to come into full operation.

Click Unbundling of NEA is necessary to read a related article.

b) Lack of one window policy:- Project above 500 MW is handled by Investment Board of Nepal (IBN) that serves as a one-window office. Others have to go through multiple ministries and line agencies for approvals. Bureaucracy delay and unnecessary torture are likely to be faced by the developers. At times, "taking care of" seems to be the only solution for avoiding hassle.

c) Lack of coordination among the ministries:- Department of Electricity Development Authority (DOED) is responsible for issuing survey license. It does so on “first come first basis” without proper coordination between DOED and NEA (NEA is the sole power purchaser in the country). As such many project licenses are distributed without a provision for power evacuation.

DOED, however, claims that it is the responsibility of the developer to study the power evacuation possibilities before applying license.

d) Lengthy IEE and EIA process:- Human resource for IEE and EIA approval is lacking. After the submission of TOR and Scope of Study, a lot of experts like botanist, environmentalist, and socialist have to present their comments and recommendations. This process is time consuming due to lack of professionals in these areas.

e) Hydropower mafia:- This term is widely used in Nepal. This refers to a group of people holding hydropower license with intention to sell it to either domestic or foreign investors. "Jhola ma khola", a Nepali phrase meaning "river in bag" is a way of describing the situation.

f) Militant labor:- If laborers only ask for what is right and management do not try to exploit them, then things can go on smoothly. But this is not the case. Unions play a major role and sometimes they do not realize what to ask for.

The recent case by the workers (contractors’) in Upper Tamakoshi can be taken as an instance. Workers obstructed the construction work by demanding shares in the project. According to SEBON's (Securities Board of Nepal), workers from contractors are not entitled to get shares in the project. This is the height of greediness and arrogance.

g) Local problems:-  Obstruction by local people during construction and operation of the project is becoming is a challenge. The majority of locals are demanding free shares. For example, the local pressure made the Upper Bhotekoshi project to provide 6 percent free of cost shares to the local people.

g) Political problems:- Besides political instability, our leaders do not have a positive mindset. Almost all local and labor problems are fueled by our leaders. Politicians are playing their dirty politics in the name of locals and labors. 

h) Irrelevant clause by Banks and Financial Institutions:- These institutions lack technical professionals. As such there is no difference between Vehicle loan and Hydro loan for them. The concept of non-recourse finance is lacking. Personal Guarantee (PG) covering entire loan backed by the developers' Net Worth is needed for loan approval.


i) Conflict of interest:- Particularly, Employees provident Fund (EPF) has been criticized for asking shares in the projects where they extend loan.

Please view Staff of Employee provident fund will be the next overnight millionaire

Criticism of private sector

a) Corruption in private sector has crossed all limits.

b) Unethical practice is quite a common phenomenon.


c) Total project cost of foreign owned project is always on the higher side due to their expensive foreign consultants.

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