Select Committee on Business and Enterprise Minutes of Evidence


Examination of Witnesses (Questions 380-399)

MR ROBERT ARMOUR, DR STEVEN RILEY AND MR IAN FOY

3 JUNE 2008

  Q380  Miss Kirkbride: I still do not quite understand your position. The big energy players could still have money to invest in big plant, nuclear and all the things that the government and the UK want them to do. Surely what we are talking about is just having more small scale suppliers who are not going to be investing in nuclear plant. They are just going to be providing small scale energy supply and giving a choice to the people we heard earlier from to go to them, to offer them their supply of power. I do not see why these things are incompatible. You could just have more people supplying while still having really big players in the market who are doing the big infrastructure projects. Why are those two things incompatible?

  Mr Armour: I do not think they are.

  Q381  Miss Kirkbride: The inference of your remarks seemed to suggest that they were. We can only be a big guy because we want to invest in big things and therefore we have to have a monopolistic position in order to that we can then cash it out. That is how it sounded to us.

  Mr Armour: I was going back to the Chairman's quote from the Opus statement which said that in an ideal world you do this. Alan Asher I think said the same thing a couple of weeks ago. That is fine in theory but in practice you have to balance what are the challenges facing us and is the industry structured to deal not just with the short term but with the long term.

  Q382  Miss Kirkbride: I did not quite understand Mr Foy's position either. If you have a vertically integrated company so you have your power supply and your customers, your argument was that as long as those two things do not cross-subsidise there is not a problem. You have a wonderfully monopolistic situation, have you not, where you are completely in charge of supply of the market and complete control. No one really likes moving their electricity supplier. Even Energywatch only does it to find out what it feels like if you are a customer and how boring and difficult it is. No one actually moves their electricity and gas supplier because it is just too damned difficult, so you have got the market cornered. It is a wonderful monopolistic position surely. It has nothing to do with cross-subsidies.

  Mr Foy: The issue is that, as long as the big six remain of a similar size and they all get into a group think and they do not take each other's markets, then that is exactly what will happen.

  Q383  Miss Kirkbride: It is all very cosy.

  Mr Foy: They look very stable at the moment.

  Q384  Miss Kirkbride: You are saying it is all right as long as they do not cross-subsidise, but it is not all right because, as we just said, it is all too cosy.

  Mr Foy: Why do they do this? How do they do this, if they are indeed doing it? They make themselves potentially look like each other. They all take an equal share, 15% or 16% of the total supply market. They have a range of powers stations which they can call on at any time. They do not have to go out into the market, compete and buy power because they know they have reasonably fixed customers. I do not know what the answer is to fixed customers. You cannot force people to move.

  Q385  Miss Kirkbride: I accept that.

  Mr Foy: The down side of that is you get inefficiencies within each of those vertically integrated companies. To some extent you may even see it now in the market where you have old, small, 250 or 350 megawatt coal fired power stations which are base loading and other 500 megawatt efficient units which are shutting down. You get this internalisation of costs. If they end up internalising these costs and valuing it how they value it rather than how the market values it, eventually what you end up with is an expensive fleet of power stations in the UK and generally rising prices. The vertically integrated players are going to go out there and make these big infrastructure decisions. Why cannot a small independent make these infrastructure decisions?

  Q386  Mr Binley: I am seeing an argument which suggests that you as generators need to have a reasonably secure market place based on a price that gives you the confidence to invest in the future. That has created a scenario where average wholesale prices in the UK, apart from other factors—and I recognise those—are almost 30% more than they are on the continent. That is a massive price for the consumer to pay to guarantee investment and therein I think lies my concern and the concern of some of my colleagues. In fact, you are not thinking about your consumer at all. That worries me in a business. When a supplier gets so divorced from the market place that there is no thinking in his philosophy about the consumer, I get worried. I have not heard any thinking at all about the balance between the interests of the consumer and the interests of the generator. Would you respond to that?

  Dr Riley: Maybe part of the answer to this is what do we do when we are thinking of investing in a new generation station. Perhaps I can start there. That may or may not be in the UK. At the end of the day, there is no investment from us in a new power station if the customer cannot afford the power that comes from that. If we build in Portugal, the Netherlands or anywhere else, whether that is under a long term contract or whatever the arrangement is, there has to be an offtaker for that power. That is not likely to be us because we do not own a retail business. We do not have long term customers. In Portugal we have just started to build a new power station. That is with a Spanish company coming in as a new entrant, in the retail to the market. They are taking a view as to whether, at that price, they can gain new customers from the incumbent. Ultimately, because we do not have that direct interface with the domestic consumer or even at the moment with the large, industrial consumer, it is a bit hard for us to say do we have the customers' interests at heart. At the end of the day, if customers cannot afford to pay for electricity, we do not have a business.

  Q387  Mr Binley: It is a sneaky argument for further vertical integration, is it not?

  Dr Riley: No. I am definitely not here to argue for further vertical integration. I do not want to see any further vertical integration.

  Q388  Mr Binley: I assume you are a capitalist and you believe in competition. I assume you believe in serving the consumer. We are both businessmen. We have a sort of basic philosophy and I assume that is yours. How then do you explain a market place where one of the major users of your product has not had a competitive approach in three years? If that is the case, is there not something seriously wrong with that market place that you say is not broken in any sense?

  Dr Riley: I cannot answer that question.

  Q389  Mr Binley: I think I know the answer. I think it is clear: "Of course it is right but I do not want to say it." Is that not what you are telling me?

  Dr Riley: No.

  Mr Oaten: You are asking the wrong people.

  Mr Binley: I do not think I am asking the wrong people.

  Q390  Chairman: I think you are.

  Dr Riley: We do not sell gas.

  Mr Binley: The point I am making is that the whole market place has closed down dramatically in the last five years to six major players in the generation business and not many more major wholesale sellers. It has closed down sizeably.

  Chairman: Mr Armour is the biggest single producer in the country.

  Q391  Mr Binley: Vertically integrated companies have aided that particular movement. We have arrived at a situation where the market, we are told, has become massively less competitive. You are involved in that process.

  Mr Armour: I was surprised to hear that, partly because we are the supplier currently supplying Mr Tane. I certainly had expected other people to be competing for that business because I know we competed pretty competitively to get it.

  Q392  Mr Binley: Does it bother you?

  Mr Armour: It is very surprising to me. That comment was not what I expected.

  Q393  Chairman: What I am really puzzled about is that new entrants are not building conventional gas and coal fired generator capacity. The big six are. Why?

  Mr Foy: We do not see how the spreads can justify a reasonable return on a power station. We are somewhat surprised that the big six are building them.

  Mr Armour: You may look at prices now but over the last five years we have been operating in a pretty volatile market which equally has an impact on the ability to take forward projects. Looking forward, there is a degree of uncertainty on the price of carbon. The price of electricity going forward will be volatile. All of that has to be factored into the market which you are trying to invest in.

  Dr Riley: There are other reasons why that might be the case in the UK. The vertically integrated players also by their nature are part of bigger European utilities generally with big balance sheets, so they can afford to build new entrants on their balance sheets. An independent power producer's business model again is quite different and we would look to the debt markets to raise a significant amount of project finance to fund that development. Then you are into what you need in place to raise that project finance in the first place, which is a medium to long-term off-take agreement. Again, we go back to when we make those investments in other markets. You are looking to do a deal with an incumbent or with a new entrant to mitigate your risk by taking some of the supply for a period of time. We need that to raise the finance to build vertically integrated players by virtue of the fact that they are parts of companies with big balance sheets, not necessarily just because they are vertically integrated and can finance that in a different way.

  Q394  Chairman: If I understood Mr Foy's answer correctly, inevitably the spread between fuel costs and wholesale prices is an important determinant of an investment decision. It has to be, by definition. There is an implication that spreads could possibly be wider for the big six.

  Mr Foy: Again, this comes back to separation of businesses. If they are operating the business in the same way as we are, they should be seeing exactly the same spreads as us.

  Dr Riley: The spreads that they would observe in the market should be exactly the same for everybody. The difference that there might be is that their return requirements or their costs of capital might be different than other players and therefore they might be prepared to build with the same technology and the same spreads but they would see that that would deliver a different return than their competitors.

  Q395  Chairman: Should we be requiring them to be separating out their accounts so it is clearer what is happening in the vertically integrated companies?

  Mr Foy: That is certainly one way of doing it. You see where the value is. Again, if we have a different cost of capital, it is slightly different. You would also probably expect them to compete amongst each other, not just with the independents. Do they try and take the market share of the other vertically integrated players?

  Q396  Mr Bailey: Arising from the comments of Mr Armour about the volatility of the market, in the context of some previous comments, as independent operators you are relatively happy with the market as it has functioned. I hope I am not putting words into your mouth. That is how I understood the comments that you made. What concerns me is that there is a general feeling that it would be beneficial to have more independent operator suppliers within the market but that the existing market volatility ensures that only the big six have the ability to raise investment, to if you like provide more capacity; yet you as independent operators seem quite happy with that situation. I find it rather strange.

  Dr Riley: I do not think you can say that it is only the big six who can raise the investment to build new infrastructure.

  Q397  Mr Bailey: I am not saying that. I interpreted that from what you said.

  Dr Riley: We own five power stations in the UK. Three of those have significant levels of debt on them that we were able to raise in a merchant market without a long term contract, which is normally what is required to allow us to own and operate those power stations going forward. The market will go through various cycles and there will be points in time when we would hope we would be able to raise finance to invest new in the UK. There is also a question I think around what you would class as investment in new capacity. If I take Rugeley, our coal fired power station which is quite an old power station, we are currently investing over £100 million in flue gas desulphurisation equipment there to keep open capacity that otherwise would have closed in 2015. There is investment from independent power generators in capacity in this market under the current rules.

  Q398  Mr Bailey: I welcome that. I worked in Rugeley Power Station many years ago.

  Mr Foy: You say we are happy with the way things are. When I said I was happy, I was referring to Mr Clapham's point about the mechanism in terms of cash out price. As Dr Riley said, it is a secondary issue in terms of how this market operates. I cannot see any great need to delve into those balancing type rules. In the wider market itself, vertical integration is a potential issue.

  Q399  Mr Weir: We have talked a lot about the big six and their place in the market. What do you think the impact of the sale of British Energy to one of these big six would have on market liquidity?

  Mr Foy: If all that power got tracked it would have a huge impact on market liquidity. That would take an awfully big piece away and you do need volume. You need a lot of players out there to make a market, to make it worthwhile, brokers being in existence and everyone else. It will be a big issue.

  Dr Riley: Liquidity works, clearly.


 
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