Select Committee on Business and Enterprise Written Evidence


Memorandum submitted by Opus Energy

BACKGROUND

  Opus Energy is an independent supplier of electricity to business customers. Formed in April 2002 Opus Energy now supplies electricity to in excess of 40,000 customer sites in the UK. By any normal financial analysis, such as profitability or return on invested capital, Opus Energy is the most successful small supplier. We believe this gives us a unique insight into overcoming the barriers to entry and understanding the problems facing a small supplier.

REDUCING ACCESS TO POWER GENERATION

  Opus Energy believes that new entrants and small suppliers are a necessary and important element to a competitive supply market. Whilst in practice their market share remains small they increase competition and provide innovation. A simple example of this is Opus being the first company to provide free smart meters to all of its business customers. Furthermore, new entrants seek to drive a regulatory agenda that promotes competition rather than favouring incumbents. An example of this has been the efforts of Bizzenergy in changing the regulatory structure regarding objections in the business supply market.

  Current market conditions do allow for properly funded, well managed, innovative new entrants, such as Opus Energy, to thrive. However, we believe that the conditions which have allowed new entrants to prosper have, and continue to be, eroded. The key market condition required is to be able to purchase electricity on a long term market related basis. If a supplier cannot access market related power then it is impossible to operate. In order for there to be competitive access to power there needs to be competition in the generation market.

  When Opus Energy entered the market in 2002 we reviewed possible providers of electricity. This list included generators and intermediaries, such as energy trading desks at larger international energy companies. At that stage none of the investment banks had trading desks sufficiently developed to deal with our requirements. Eight companies were willing or able to provide Opus with competitive access to the energy products to meet our customers' needs. We signed a long term arrangement with Magnox Electric Plc (now part of the NDA). That arrangement concluded in late 2005, due to the decommissioning of the Magnox nuclear plants. We then conducted a further review of the market place and the number of potential counterparties reduced from eight to five (including two investment banks). A number of generators had exited, in the main through acquisition by the Big six. In May 2006 Opus signed a long term power purchase agreement with International Power Plc. Since 2006, with the imminent exit of British Energy, the number of possible counterparties has decreased even further.

  This reduction in the number of counterparties will have a massive impact on the number of new entrants entering the market. We have also seen independent generators entering the supply market. Haven Power Limited, Smartest Energy and International Power Retail Limited have all either recently entered the market or have applied for supply licences. The trend has seen the Big six suppliers buying generators and now generators entering supply. The ultimate conclusion of this is that it will only be realistically possible to compete as a vertically integrated electricity company. This would produce an enormous barrier to entry. New entrants would need to own generation assets prior to entering the market. This would severely reduce the number of new entrants and significantly reduce competition.

POSSIBLE SOLUTIONS

  Opus Energy believes that competition in generation is key to a competitive electricity supply market. We believe there are two possible solutions:

  Firstly, The Government or Regulator could restrict the further sale of generation or even force divestment from the Big six suppliers. This would encourage a broader ownership of these assets and would bring benefits of competition with it. However, we do not think this is a realistic option, due to the financial impact and distortion of asset values it would produce.

  Secondly, and more realistically, legislation could be introduced that would require, on a regular, long term basis, for all generators to publicly auction a certain percentage of their output, say 5-10%. These auctions would need to be carried out on defined industry terms. This would provide a liquid market with pricing transparency. Whilst small and large suppliers would be able to participate in the auctions, it would also encourage intermediaries such as investment banks. They would then be encouraged to provide the products and services that the suppliers and new entrants require.

  This would provide price transparency, liquidity and long term access to power generation. These are the conditions required to allow good suppliers to thrive and encourage new entrants into the market.

IN CONCLUSION

    —    New entrants are necessary for a competitive supply market.

    —    Innovative suppliers can thrive in the current market.

    —    Those conditions are significantly worsening due to increased vertical integration.

    —    Competition in generation and access to electricity is vital for competition in supply.

    —    Requiring generators to auction part of their output would provide a liquid, transparent and accessible wholesale market to new entrants, current suppliers and intermediaries alike.

  If you require any further information please feel free to contact me.

19 May 2008





 
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