14 Nov 2020

Carrier & Content Segregation: A Roadmap for Power sector reform

 

While unbundling of generation and transmission sector happened long ago, the distribution sector unbundling has been a non-starter. Now and then efforts made for discom privatization could not gather support because it was in form of replacement of public monopoly with private monopoly. Access to affordable quality power availability will remain a dream only till distribution sector is exposed to competition. Only competition is expected to provide consumers with choice of supplier, affordable and reliable power. All other network businesses like telecom, DTH etc have already been unbundled and It is high time that distribution sector is also unbundled separately into distribution (carrier) and Supply (content) so that private and public players can compete with each other to bring in efficiency and transparency.

The last serious efforts to unbundle distribution were made in 2014 by the ministry of Power through draft amendment bill for amending The Electricity Act. The draft bill reached the then standing committee headed by Shri Kirit Somaiya. While the committee was broadly supportive of the reforms, it gave few suggestions like providing flexibility to the states, transparent handling of existing discom PPAs, address consumer’s concerns, universal service obligation etc. Somehow, no progress could be made after that. However, C&C segregation still remains a low hanging fruit for reforms and could be a win-win for all  stakeholders, namely the consumers, the discoms and the government.

C& C segregation involves separation of the function of supply of electricity from the business of distribution of electricity and hence 2 licensees, namely Distribution licensee, for providing non-discriminatory access to their distribution network system on payment of regulated network access charges; and Supply licensees, competing with each other to supply electricity to consumers in a particular area and use the distribution system for such purpose

As pre-requisite for segregation of C&C business of incumbent discom, appropriate amendments are required in the Electricity Act.  Further, assets & accounts of incumbent discom is also required to be separated into distribution & supply functions. However, this is only possible after attaining 100% metering of all consumers/ feeders/ substations & distribution transformers.

Existing PPA portfolio of incumbent distribution licensee Is also required to be frozen and transferred to an intermediary company backed by the government. This Intermediary company should be responsible for working as a counterparty to all existing PPAs, selling power procured through these PPAs through the existing wholesale market / trading /exchange; and socialising all profits/ losses through a universal charge/ payment to all existing suppliers according to a pre-agreed formula say weighted average cost of power procured.

Separate Licensing

Separate distribution & supply licenses be provided by the SERCs after effective date of notification of new amendments and existing licenses of incumbent distribution licensee to continue only till its expiry or renewal, whichever is earlier. On expiry of term, the incumbent distribution license needs to be split into separate distribution & supply licenses for the area, respectively. Incumbent distribution licensee may retain the supply license to function as provider of last resort till new supply licensees step in. Distribution license may be issued for a longer duration of 25 years whereas supply license be issued for a shorter duration of 3-5 years only, both having Universal Service Obligations & Standards of Performance. To reduce regulatory discretion, a provision of deemed licensing may be introduced for supply licensees provided they fulfil the norms on Capital Adequacy, Credit worthiness and Code of Conduct rules.

Allocation of Power from existing PPAs- This is necessary to ensure continued servicing of legacy PPAs of incumbent discom. While it will initially limit the supply licensees ability to source cheaper power to offer best price for their consumers but is essential in national interest so that these economic assets remain useful till their lifetime and do not become NPAs. The Intermediary company should service existing PPA obligations through the revenue stream generated by supply licensees/re-sale of power through exchanges etc. It will analysis & compute year-wise weighted average power purchase cost or APPC as per prevalent laws (MoD, RPO, must-run, coal availability, demand etc.) and, will allocate weighted average fixed charges (for all existing contracted capacities) and weighted average of energy charges to incumbent supply licensee.

All supply licensees should procure power only from the intermediary company’s PPA portfolio in proportion of their contracted capacity till these PPAs are either exhausted or expire overtime. On exhaustion or expiry of Intermediary Company PPAs, supply licensees shall be free to procure power from sources of their choice.

Distribution & Supply Tariffs: The success of whole scheme of things will hinge upon how retail tariffs evolve overtime. Unless there are long term benefits to the consumers in terms of price, reliability, quality & value-added services etc, the reforms are not likely to be have consumer’s acceptability. Therefore, design of distribution network access charges/fixed charges for the distribution licensee needs to be regulated keeping in view the growth in load & consumers, meeting quality & performance of standards, and distribution losses. Only normative technical losses for distribution should be allowed for the distribution network. Similarly, no commercial losses (Billing & Collection related) be allowed for the supply licensees by SERCs while fixing the retail supply ceiling, albeit nominal bad debt provision may be considered.

Input cost of power for the supply licensee should be based on weighted average power purchase cost from the Intermediary company plus network access charges, wheeling charges & distribution losses. To promote competition, only a ceiling tariff be provided by the regulator for the supply licensees of an area. Within that ceiling, the supply licensee can provide various incentives, TOD etc. by improving its operational efficiency and reduction in its ROE/profit. All billing & metering at retail level to be done by supply licensee including installation of new meters by supply licensee based on consumers choice (plain vanilla or Time of Day etc). Any subsidy from government should go as DBT directly to the consumer’s account. A portability framework needs to be developed by the regulators so that consumers have a choice to switch from one supply licensee to another (only after a minimum lock in period)

If implemented diligently, unbundling & introduction of separate C&C business in power distribution sector will bring in benefits of competition and choice to the retail consumers. However, all associated risks and challenges needs to be appropriately mitigated by the government, the legislature, and the regulators so that benefits of reform are win-win for all.

 

 

About the Author:

Raj Pratap Singh retired from IAS has worked at senior positions at Central & State Government including PMO and World Bank. Presently he is Chairman of UP Electricity Regulatory Commission.

Disclaimer: Views expressed in this article are author’s opinion and does not reflect any official position