Select Committee on Environmental Audit Fourth Report


The Review Process

Role of the Regulator

32. The Director of Water Services has a range of duties. The primary statutory duties require the Regulator to ensure that water companies carry out their duties in accordance with the Water Industry Act 1991 and that companies are able to finance their functions and obtain a reasonable return on capital. The Regulator also has a secondary duty to protect customers' interests by ensuring that they are charged fairly and only pay for the costs they themselves impose on the water and sewerage systems.

Sustainable Development and Environmental Roles

33. The Water Act 2003 resulted in extra duties being placed on the Regulator from April 2005, when the position of the Director will be replaced by a Water Services Regulation Authority, to consist of at least three members appointed by the Secretary of State. One of our predecessor Committee's recommendations was that the Regulator should be directly accountable for ensuring that Ofwat makes a positive contribution to the Government's sustainability agenda. We therefore welcome the requirement that the Authority will have to exercise powers and perform duties in "a manner which they consider is best calculated to contribute to the achievement of sustainable development". The Authority will also have a duty to have particular regard to the interests of vulnerable customers, including the disabled or chronically sick people, pensioners, those on low incomes and those residing in rural areas.

34. During the passage of the Water Act 2003 through Parliament there where amendments introduced that would have resulted in a requirement for the Authority's activities to be subject to an environmental audit for, among other things, contributions towards water conservation and sustainable development.[43] At the time, Elliot Morley MP, the Minster responsible, maintained that this was not necessary as the Authority would have a duty to include in its annual report a general survey of developments in matters falling within the scope of its functions. The Minister also rejected amendments that would have made the Authority's sustainability duty a primary rather than a secondary one.[44] We have concerns that the new duty of the Regulator, however welcome, may not be compatible as it stands with the Regulator's primary economic duties. The Regulator assured us that this was not the case and that he already seeks to take a balanced approach to his duties.[45] However the Minister did make it clear to us that it "is going to be a tough balancing act".[46]

35. We are very disappointed that the opportunity for placing sustainable development at the heart of the Authority's duties, through the Water Act 2003, was missed. We are also concerned that the duty of the new Authority to consider sustainable development will always be in danger of losing out to the Authority's primary economic duties, despite the Regulator's assurance that this will not be the case.

36. In the light of recent events, which have highlighted the conflicting duties of the Regulator, we believe it is vital that the new Authority should have a specific duty to report on how sustainable development is incorporated into its other regulatory duties. The Government should use its powers to require this.

37. The Economic Regulator's role has begun to impinge on the Environmental Regulator's role. This has been highlighted to us in memoranda received by the Committee and has become obvious to us over the last few months.[47] We are not convinced that the Ofwat has sufficient expertise in determining what should or should not be included in the environmental programme, yet in advice to ministers and evidence to us it would appear that this is part of what the Regulator now sees as his duties. It is our view that, with regard to the water quality and environmental improvement programmes, Ofwat's role should be limited to ensuring that what the Environment Agency has put forward is consistent with Government guidance and that water companies have costed the schemes correctly. We do not believe it is the role of the Regulator to decide what should or should not be included in the environmental programme.

Review Structure and Timing

Timing of the Reviews

38. Since the privatisation of the industry there have been three reviews of water prices, in 1989, 1994 and 1999, before that currently underway. The original intention was to carry out price reviews every ten years, after the Secretary of State set prices in 1989 and the Director reviewed prices in 1994. However Ofwat had decided by the 1994 Review that all the factors influencing prices and company performance made a five yearly review period more appropriate. The adequacy of this shorter review period is now being called into question. The Water Framework Directive which is one of the main future drivers for the industry will have a six yearly cycle, and there have been calls for the Periodic Review to fall into step with this. [48]

39. There is also a feeling amongst investors that a longer Review period would be beneficial. According to Water UK's Investors Survey the majority of investors would prefer a longer review period of between 7 and 10 years rather than the current 5 years.[49] Water UK made clear its view that it was never envisaged that there would be an ongoing need for high levels of environmental spending and as a result the Periodic Review is no longer fit for purpose.[50] This was not supported by the Environment Agency who took the view that if water customers are going to be paying for environmental improvements the costs of doing this should be included in the Periodic Review. However it recognised that, from an environmental point of view, a five year timescale often may not be long enough.[51]

40. We understand from the Government Response to the Environment Food and Rural Affairs Committee report that the Regulator is already committed to a further price Review in 2009, but that beyond that he plans to consult on the options for extending the Review period. We do not think that the current five year review period is appropriate. It should be extended to a six-year period, or a twelve-year period with a mid term review, so as to fall into step with the Water Framework Directive. Extending the review in this way would result in greater certainty for water companies, investors and customers. However this would be with the proviso that a satisfactory system for interim determinations can be developed, which would be particularly important in view of increasing understanding of the effects of climate change and how these will impact on water companies' activities in the future. This would ensure that regulators and water companies are able to respond to any unexpected changes, and that any new environmental improvements not included in the agreed programme can be insisted upon without need to wait for the next review.

Customer Survey

41. During the last periodic review DETR, the Environment Agency, Water UK, the Drinking Water Inspectorate and Ofwat's National Consumer Council all carried out surveys independently. The confusion generated by the different surveys led to our predecessor Committee's recommendation that a joint customer survey should be carried out to better inform the review process. This has been done and all parties involved have expressed their satisfaction with the process. The survey was published in December 2003 and found that, for most companies, around two-thirds of customers wanted to see improvements in "managing the amount of water taken from the environment to supply customers and managing the effect of water company activities on the water quality of rivers, wetlands and coastal water".[52] However when it came to willingness or probable willingness to pay for the proposed plans (A, B or preferred) this fell to 60%, 53% and 60% respectively.

42. Whilst we welcome the joint customer survey and recognise the positive contribution the survey has made to the current review we are concerned that carrying out a survey of customer opinion of the draft business plans may not be the best use of resources. It would be much more useful in our view, for the section of the customer survey dealing with reactions to the proposed price rises to be carried out using information from water companies' final business plans. These figures are likely to be much closer to those of the final determinations and therefore more closely reflect customers' actual reactions to likely price movements. We appreciate that time constraints may make this difficult, nevertheless we would like to see the feasibility of this option being explored.

Use of National Averages

43. Under the water companies' draft proposals the average household bill would increase from £234 in 2004-05 to £306 by 2009-10. The proposed final bill for 2009-10 varies between £239 for Thames Water to £407 for South West Water and £416 for United Utilities. The average proposed increase in bills as a result of the cost of environmental improvements in water companies' preferred plans was £26, but this varied from £3 for Thames Water to £90 for United Utilities. For all water-only companies, which do not carry out any sewage treatment, this was on average in the region of £1.

44. Given the large variation in the proposals put forward by water companies, the very different circumstances in which they operate, and the difference that already exists across the country in the level of bills to household customers it is questionable whether the production of a table of "average" proposed increases by water companies in England and Wales, as included in Ofwat's summary of companies' draft business plans, actually adds anything constructive to the debate, particularly when there are such enormous differences between the figures put forward by different companies. [53] These regional figures are already produced by Ofwat and, given that there are only 10 water and sewerage companies and 12 water-only companies, the information is not unduly complex. The emphasis of the Review and the Regulator's analysis should be on what the proposed new price limits will mean to customers in individual water company regions not on a national average price rise, which gives little indication to customers of the likely changes to their water bills.

45. There are several areas that have come to the attention of the Committee where very limited information is made generally available. For example, the yearly figures produced by Ofwat on the levels of customer debt includes general information in which companies are not specifically identified, so customers have no way of knowing how much debt they are subsidising in their area, even though these figures are made available to Ofwat by water companies. Another example is the cost of diffuse pollution to customers, which is given as £7 per customer per year by Ofwat, however other than this there appears to be little information available on how this varies from one region to another and the costs to customers in individual regions.

46. This use of average figures for reporting on many water companies' activities is unhelpful when trying to determine the regional variations in impacts on customer's bills. Whilst we understand the reason for this is often commercial confidentiality, or even a lack of basic information, it is our view that this conflicts directly with the right of customers to understand what they are paying for in their bills. The Regulator, as part of his duty to protect customer's interests, must ensure that more substantive information, where it exists such as is the case with levels of customer debt, is made available to customers in an accessible manner which makes clear the costs incurred in their own water region. Where this information does not already exist, as in the case of diffuse pollution, more effort should be made to obtain it and make it publicly available.


43   HC Standing Committee D , 14 October 2003, c212. Back

44   ibid c213. Back

45   Q142. Back

46   Q188. Back

47   Ev109, Appendix 3, para 4. Back

48   EFRA Committee First Report of Session 2003-04 HC121. Back

49   Water UK investor Survey 2004, http://admin.evolvingmedia.co.uk/users/files/0Full_Final_Survey.pdf. Back

50   Ev44, Water UK Memorandum, para 32. Back

51   Q47. Back

52   MVA, Customer Research 2003: Periodic Review - National Report, December 2003, http://www.ofwat.gov.uk/aptrix/ofwat/publish.nsf/Content/pr04phase2. Back

53   Ofwat, Setting water and sewerage price limits for 2005-10: Overview of companies' draft business plans., October2003. Back


 
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