Select Committee on Trade and Industry Minutes of Evidence


Examination of Witnesses (Questions 180-199)

MR MARK CLARE AND MR JAKE ULRICH

20 JUNE 2006

  Q180  Chairman: But that is not the EU, that is Member States fighting the corner for their own national companies. It is not an EU policy.

  Mr Ulrich: Yes.

  Chairman: I am sorry, Peter, I rather interrupted you.

  Q181  Mr Bone: That was the point we were trying to get. Actually we are probably talking at cross-purposes, you were more referring to EU member countries standing up for their own interests, which is fine, and that is what I would certainly argue for, but it came across as though you were implying that there should be a European Union worldwide super-negotiator.

  Mr Ulrich: No.

  Q182  Roger Berry: Is there any evidence that having a Chancellor or a President or a Prime Minister standing in the background makes any difference?

  Mr Ulrich: I have not seen it yet.

  Q183  Roger Berry: That is very interesting, thank you.

  Mr Ulrich: But they are there.

  Q184  Roger Berry: But if it does not make any difference they are wasting their time, are they not?

  Mr Ulrich: If you look at the recent developments in Germany—this is speculation—the Germans have been very successful in getting access to upstream supplies in Russia. As you well know, Mr Schro­der has taken a position on the North European Pipeline Board;not that there is anything wrong about that, but there does seem to be a very close tie with the Soviets.

  Q185  Chairman: An earlier witness said that Gazprom was not actually a profit-maximising company, it quite liked profit but it did not always seek to maximise its profit on every occasion. It is susceptible to political pressure as well as strictly commercial pressure, is that your view?

  Mr Ulrich: It is probably very much influenced by politics, yes. I am not suggesting that they act outside profit optimisation or rational behaviour, but clearly there does seem to be more political influence.

  Q186  Chairman: I do not want to leave Gazprom quite alone just yet, but I am trying to get the picture. You are saying, like earlier witnesses told us, that there is actually plenty of gas out there in the world and although we have short term problems in the UK and in the long term obviously all carbon supplies dry up, in the medium term there is not a gas supply problem.

  Mr Ulrich: Not molecules, no.

  Q187  Chairman: You told us earlier that Russia has been a very stable supplier of gas to international markets; even at the height of the Cold War they never broke a contract, and in your memorandum you spend quite a lot of time telling us what we should do to ensure that Russia remains a stable supplier of gas: diplomatic objectives with Russia, transportation on reasonable terms, you talk about European companies taking part in Russian exploration, promoting maximum diversity. Is Russia a stable supplier of gas to the British market?

  Mr Ulrich: Actually, there is very little Russian gas flowing to the UK market as we speak.

  Q188  Chairman: It has not yet, but in future.

  Mr Ulrich: It is a future issue and there is no reason to believe that they would not supply the gas. We have not seen any evidence.

  Q189  Chairman: The best way to secure it is to sell them a major gas company in the UK.

  Mr Ulrich: That could be one view.

  Chairman: That would be one view. As much as I would like to press that, the Stock Exchange would be very cross with me if I did so I will not. Mick Clapham.

  Q190  Mr Clapham: Mr Ulrich, on the point that you just raised there, the Russians have been supplying gas into Europe for many years and one sees that they do sell and provide security, but could that security be undermined by competitive forces? For example, we see great demand from China? Is the future likely to be that the Russians could easily put their gas east rather than west?

  Mr Ulrich: I do not think it is easily done, but they could do it, yes, they could do it, they could put more of it east, yes.

  Q191  Chairman: It is not easily done because there is a heavy investment requirement in pipelines.

  Mr Ulrich: Heavy investment in pipelines, rough terrain, yes.

  Q192  Mr Clapham: We already know that there is a gas pipeline of course from Kazakhstan into China and that could be a way of developing further, which would impact on gas supplies into Europe.

  Mr Clare: We focus very heavily on Russia and, as we have already said, the Russian supplies coming into the UK are still very, very small. The projections are that they will increase over future years but the challenge certainly for the UK is to ensure that we have diverse sources of supplies so that means we are much more reliant of course on LNG as well as on European countries who have adequate supplies today. If we were to put all our eggs into one particular basket and rely on Russia I think that would be the wrong thing, but it would be the wrong thing to rely on Qatar or Algeria. We must have diversity of supply of gas as well as, probably, diversity of fuel type supply as well.

  Q193  Mr Clapham: If I can just turn to how we might improve security of supply, as you know, last winter for example, businesses here in the UK had great concerns as to whether they were going to find disruptions. That did not occur, but I note from your memorandum that you use a concept "standard of supply security" and you think that all suppliers should have to adhere to certain standards of supply regarding security. Could you just tell us what standards you have in mind and how that would actually work?

  Mr Clare: Today, in a commercial sense, all energy suppliers buy the appropriate amount of storage and gas that they feel they need to get through a particular winter period, and we measure that on the basis of how cold it is: one in twenty, one in fifty. The current obligations on suppliers are delivered through the licence conditions and the fact that we sign up to a network code, which then effectively places an obligation on us to ensure that we meet the requirements to supply our customers. What we are envisaging here is a situation where, because we believe all suppliers currently do this for good commercial reasons, there is actually an obligation placed in the supply licence to ensure that all suppliers act rationally and as they should to ensure that they have the gas and the storage to supply their customers through a certain winter, whether that is a one in twenty winter, that needs to be defined. We believe there is a role for Office of Gas and Electricity Markets to ensure that all suppliers actually meet that obligation—today that does not exist—and I suspect there should be transparency of that process as well, as there is transparency in the rest of the gas and electricity infrastructure and network. Finally, we believe there is an opportunity to extend this from just domestic customers to non-domestic but firm customers—here there is a guaranteed supply contract signed with non-domestic customers—and we think that that would then create the right environment such that companies act properly and rationally, that there is transparency of what they have done and if there are concerns, for example about demand being there for storage in the future, then as a result of this it would be very clear what that demand would be for this winter and winters going forward.

  Q194  Mr Clapham: From what you have said you envisage a situation of transparency where each supplier would have to indicate to the market the kind of long term contracts for gas that they have, but would that not at the same time impact, for example, on the wholesale market, because you could have a situation where a particular gas company may not have the long term contracts that it is able to supply its customers from the wholesale market.

  Mr Clare: It would be perfectly acceptable if companies have a mix of different solutions to a cold winter and it may well be fuel-switching in their power plants as we saw last winter, so companies switching from gas to oil. It may well be interruptible contracts: British Gas has a substantial number of interruptible contracts that it can interrupt in these very, very cold periods, but it would have to be on a basis, I guess, very much as a going concern statement from any plc as constructed that there are adequate resources there to meet the requirements. The concern must be that there is not currently enough visibility or, I believe, the right incentives to ensure all companies act as they should and therefore I believe that this would be a step in the right direction to ensuring those supplies are properly in place, certainly for next winter and probably beyond, for those firm customers including domestic.

  Q195  Mr Clapham: Just turning to the issue of Europe, for example, if the provisions that you advocate the `use it or lose it' provision had actually been in play last winter, do you feel that it would have had a greater impact on the use of the interconnector and LNG and therefore may well have provided a supply and a feeling of security to businesses in the UK?

  Mr Clare: In terms of `use it or lose it' we are in favour of those sorts of provisions, certainly on the infrastructure where we can apply them, and that probably focuses on the LNG terminals and the pipelines. The issue we have with continental Europe is that the bottleneck is not within that infrastructure, it is onshore in Member States. Today we have no visibility as to whether there is capacity or whether that capacity is being hoarded contractually, and without that we obviously cannot tell whether `use it or lose it' would work. In fact, until we get transparency of what is happening in continental Europe with their storage facilities and their major transportation plant then it is very, very difficult for us to see how that would assist. We do feel very strongly that if there is one thing that we could do to help improve the flows of gas from continental Europe, it is to bring to the market information which almost certainly exists, controlled by the companies that own the storage or Member States where they are state-owned companies. That would help quite substantially, and then perhaps the next step is to say there is physical infrastructure, companies are able to book that infrastructure on an open market basis and if there is hoarding then `use it or lose it' provisions would ensure that those contractual bottlenecks are removed.

  Q196  Mr Clapham: What has the European Commission's response been to your `use it or lose it' concept? Have you had any connection at all with the Commission?

  Mr Clare: I do not think this has been our prime area of focus with the Commission, to be honest, and I am sure you will know that we have been very, very vocal about the European market and how it has not worked until now. Our focus has very much been on trying to ensure that the directives that should have been implemented in 2004 are implemented fast so that we do get third party access to the transportation networks, so we have the same rights to book capacity as every other user of those networks and that we do get independent regulation because we think that independent regulation with teeth, as we have had in the UK, will enable those networks to be opened up much more substantially than they have been. Of course, more recently, the Commission should ensure that we do not see mergers occurring between large companies in continental Europe that could effectively work against the opening of the markets and competition. Those are the areas we have really focused attention on.

  Mr Ulrich: The EU is sympathetic to `use it or lose it' on new pipe that transits Member States, they have been fairly open in support of that, and also for infrastructures such as LNG terminals. They have turned that over to the Member States under their jurisdiction, but the EU is supportive.

  Q197  Mr Clapham: You are satisfied that the European Commission is now determined to open up the European gas market?

  Mr Clare: There are a number of signals, which we are very pleased have now occurred, and these are the investigations that are going on, specifically the dawn raids. Our assumption is that they would not have occurred unless there were real questions that needed to be answered. Of course, the timing is the issue for us; from a UK perspective what we need is action taken very, very quickly to help us through the next winter. The reality is that other than providing transparency of information there is probably very little that the European Commission can do that will necessarily help us this winter, but as a result of the actions being taken there is very much, for us, a focus on ensuring that we deliver those directives and that we deliver against the unbundling push and momentum that is now building. As I say, we focus on ensuring that we do not see companies merging and blocking the market.

  Q198  Chairman: Before I bring in Lindsay Hoyle, can I just press you a bit more on this? Your memorandum is very helpful on this point, very helpful indeed; twice you emphasise the need to fully liberalise the European gas market and you put a cost this year—it is a bit lower because you say you have absorbed some of the costs—of £186 per household as the estimated cost of non-liberalisation of the European gas market. I think everyone on this committee agrees that we need to achieve liberalisation of the European gas market, but is it realistic in any short or medium timescale? Is it going to be achieved? You talk about dawn raids and we were impressed when we went to Brussels a month ago at the determination of the Commission to take action, but it is a very, very difficult nettle to grasp, is it not, and actually achieve something positive?

  Mr Clare: I agree, and clearly we should have full competition to the domestic customer in 2007. Our honest view is that that is unlikely to be achieved as a target, but I think our resolve should be to deliver the original directives as fast as is possible. We are seeing some action being taken and while you could argue that we could clearly have preferred that action to have been taken some time ago, because a lot of these issues would have occurred—

  Q199  Chairman: How long ago?

  Mr Clare: If we were trying to get the directive in 2004 opening the business markets then it probably should have been happening five years ago, but I guess we have to recognise that there is a real drive in the Commission to now tackle these issues with vigour and we have to be very pleased about that, and think the UK government has also engaged, largely as a result of the issues last winter and escalating prices. As much pressure as we can continue to put through the UK Government and as individual companies will only help in resolving this issue. I fully agree; it is going to take longer than was ever envisaged.

  Chairman: Thank you, that is helpful. Lindsay Hoyle.


 
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