Select Committee on Business and Enterprise Minutes of Evidence


Examination of Witnesses (Questions 400-419)

MR ROBERT ARMOUR, DR STEVEN RILEY AND MR IAN FOY

3 JUNE 2008

  Q400  Chairman: That would be a bad thing?

  Dr Riley: That would be. We were fairly clear in our submission that we would not like to see further vertical integration, further consolidation amongst vertically integrated players.

  Q401  Mr Weir: We heard a lot earlier about the situation particularly in the European market where there has not been the level of liberalisation that there has been in the UK. Obviously many of the big European firms, EDF, RWE and E.ON, are operating within the UK. Do you think it would be a bad thing for the market for example if EDF were successful in taking over Iberdrola of Spain and ended up dealing with Scottish Power at the same time, having a further concentration of markets and fewer than six companies in the UK?

  Dr Riley: Yes.

  Q402  Mr Weir: Very bad?

  Dr Riley: Bad enough that it should not be allowed without some conditions being placed on it.

  Q403  Mr Weir: Given what you are saying about liquidity, do you think the UK government should be considering selling British Energy to one of these companies perhaps, like EDF?

  Dr Riley: It depends on the government's objectives, does it not? If the government is looking for a creditable, reputable company to build new nuclear going forward, a sale to EDF for example would probably achieve that objective, but that should not be to the detriment of the current liquidity and the current market players. It could not just happen without some other conditions being placed on that which might be for example that combined entity auctioning some of its power through the market or possibly even forced divestments, not necessarily of the nuclear plant but of the coal plant that would be in that combined entity.

  Q404  Mr Weir: What you are really saying is that the government then has to make a political decision against liquidity in the energy market as opposed to its desire for more nuclear power stations, for whatever bizarre reason they may have for that.

  Dr Riley: I think they could achieve both if they put the right conditions on the transaction.

  Q405  Mr Weir: What conditions would these be? Would it be simple if EDF were to sell off some of their existing plant in the UK?

  Dr Riley: Yes, that would help.

  Q406  Mr Weir: Would that be as an independent entity to one of the other big six? By selling off to the other big six are you not just shifting the concentration but still having a greater concentration in the market?

  Dr Riley: No. If there were some power stations, either individual or a small portfolio available for sale in the UK, that would get interest from new entrants.

  Q407  Chairman: Mr Armour, you are in a difficult position, I appreciate, in order for you to comment on these questions. My prediction is that to sell British Energy to one of the big six without some kind of corrective action, whatever that might be, would not be appropriate because of the effect on market liquidity. What you can and cannot say is a matter for your judgment, I appreciate, in the situation you are in.

  Mr Armour: Thank you very much. I am constrained. We did make an announcement on 16 May that we were in discussions with a number of parties. We have scrupulously not said whether those parties are big six or different parties beyond. Logically, the time to look at the implications of any deal is if and when there is a deal proposed which you can then evaluate. Equally, that is something that inevitably the competition authorities would look at if that deal came to fruition. There is no guarantee that it will.

  Chairman: I would like to press you quite hard but I think that is probably as much as is reasonable to expect you to say in the circumstances.

  Q408  Mr Oaten: Obviously we have heard about an awful lot of the issues that are taking place in the industry. There is a number of investigations and inquiries taking place. There is also talk of a possible Competition Commission looking at this and I just wondered whether you would see that as something which would come in whether people felt it was necessary or not. We just need to clear the air. Would you have concerns that any inquiry like that and indeed some of the other ones that are taking place are going to get in the way of some of the big investment decisions that are having to be taken at the moment?

  Dr Riley: It is clear in the current environment of high energy prices that people would want to have a look at the market and assure themselves that it is working properly, or not as the case may be. I have no doubt that when there are a significant number of regulatory reviews going on at the same time in the market that that spooks investors and it does delay investment decisions. Again, sorry to hark back to it but when we look at investment in any market because we have a choice as to where we put our capital, the regulatory environment is one of the considerations we look at when deciding whether to invest in a market. At the moment in the UK we all understand the reasons why we are where we are but there is a lot of regulatory scrutiny going on. I think the answer is clear. That does play a role in people making their investment decisions.

  Q409  Mr Oaten: The phrase that you have no doubt: could you harden that up to say you are definitely sure and you have seen examples of people being turned away because they are concerned about the pace of regulation?

  Dr Riley: No. I am really saying that it is my view that investment decisions that people are considering at the moment are being delayed while these investigations are going on. They will wait to see the outcome before they make those decisions.

  Mr Foy: It is tough. If there are investigations ongoing then, yes, it may well put people off investing. However, from what you have heard today and what you hear everywhere else, there is this problem around vertical integration. Is it a problem or is it not? The way the market is structured and the way we deal in this market I do not think is particularly bad but all that needs to be cleared up is how do the vertically integrated players operate. It is not the market. It is just do they have true separation of businesses; are they operating efficiently or efficiently for the whole market? That should be able to be done fairly quickly.

  Mr Armour: If something came out of Ofgem's investigation, perhaps that would justify going to the Competition Commission. Otherwise, I would very much echo what Dr Riley was saying. A prolonged Competition Commission inquiry at a time when we are facing a generation gap is not helpful unless there is some clear evidence as to what we are chasing.

  Q410  Mr Oaten: This goes back to the significance of cash out, which I am a bit reluctant to get into. How many times do you have a situation where the company falls short of the contract and how many times do you have a situation where you are spilling over, just so that I can get a sense of how many times this happens and how significant an issue it is?

  Mr Foy: Traditionally so far, the market has been what is called long. The suppliers spill a small amount of power. That is how they protect themselves. Obviously, you are never quite certain how a customer is going to take the fluctuation but the situation tends to be long. For us as generators, our big problem is we lose plant instantaneously, so a plant trips. At that point, you are going to be exposed to these cash out prices. If you are lucky, it is just a couple of pounds above the price of the power you have sold so it does not hurt. If you are unlucky, it may be £500 or £600 a megawatt hour, ten times what you have sold it for.

  Q411  Mr Oaten: Is it happening lots of times?

  Mr Foy: Power stations are falling off and units are falling off all the time. I remember some report by NGC many years ago which was four hours hence, if you look at the plant that is running, 400 megawatts will go missing within that four hours. There are 120 units around the system. A couple go missing every day and a couple come back every day. You will be exposed to imbalance almost immediately when you trip and you go to market immediately and repurchase power.

  Q412  Mr Oaten: Is that worse in the UK from mainland Europe?

  Mr Foy: We do not trade in mainland Europe. I do not know how that operates.

  Dr Riley: The cash out mechanism is just an integral part of the market design at the moment. I would have thought almost at every instance suppliers will be slightly out of balance and generators will be slightly out of balance, so you have to have that mechanism there to ensure that both parties are managing that as tightly as possible to reduce the overall costs.

  Mr Armour: This is why the vast majority of trades are in the short term market in the run up to gate closure and people are balancing their portfolio, trying to get themselves in the right position to go into that last period.

  Mr Binley: One of our prime objectives is to discover whether the current market structure encourages effective competition in the retail markets for gas and electricity, as you know. My particular concern is business because I think that unless we start thinking much more about wealth producing sector—I am sure you would agree with me—we will be in serious trouble in 30 or 40 years' time. I was pleased to hear you say that you would not want to see more vertically integrated companies in the market but, when I read that the building of non-incentivised generation capacity—ie, large, conventional new builds such as gas and coal—is noticeably dominated by vertically integrated companies or joint ventures involving vertically integrated companies, that brings me back to you. When I also have evidence that tells me that the competitive margin in the sale to industry is 0.5% of total costs, we have a problem. That problem is partly of your making. I just want an understanding of that because you are also involved—

  Chairman: That 0.5% was a gas figure, not electricity.

  Q413  Mr Binley: Okay, but you are also involved in creating an integrated market. You are happy with the market place as it is. I see really quite distinct contradictions here.

  Dr Riley: Just for the record, that was not our submission.

  Mr Foy: That was ours.

  Q414  Mr Binley: I know but it is true, is it not?

  Mr Foy: Yes.

  Q415  Mr Binley: That is what counts.

  Mr Foy: The passage is that the majority of plant being built is being built by the vertically integrated players. Everything, as far as we know, that is currently being built is by vertically integrated players and not independents.

  Mr Binley: I just do not understand why you are not taking more concern from that perspective.

  Q416  Chairman: I do not get a sense from you that you are itching to increase your own ability to generate. You are not burning with a passion to put more liquidity into the market yourselves. Dr Riley, you have given some helpful indications as to why that might be the case but I worry why people are not burning with this desire. The small Opuses of this world are complaining that they cannot buy electricity. They buy it from you, Dr Riley, but they are complaining they cannot. Why are they not putting small scale generating plants in themselves? What is preventing them from becoming their own generators? Why is the market looking so rigid from my perspective?

  Mr Foy: I do not think it is looking rigid. When you look at the numbers they do not seem to justify building power stations.

  Q417  Chairman: What is the smallest power station you can build? CHP systems of course are quite a prospect.

  Mr Foy: The CHPs have similar problems in this market. They tend to be relatively small but they tend to be dominated by the heat load rather than the electricity load. Most of the power stations that are probably going to be built are going to be 800 megawatt CCGTs.

  Q418  Chairman: What are the capital costs of one of those?

  Mr Foy: 500 or 600 million.

  Dr Riley: I would say the total installed cost would be over £500 per kilowatt.

  Q419  Miss Kirkbride: The price has gone up. Therefore does the price have to go up even more to make it economical? Secondly, how come it would appear that in Europe they can have more independent producers? What is it about England that the barrier to entry is the price of building power stations?

  Mr Foy: I do not know about Europe. The price of power has gone up an awfully long way but so have the fuel costs. The international cost of the fuel that Drax buys, coal, from last September to now has doubled from about $70 a tonne and I think it is now approaching $160 a tonne, so the margins are staying relatively strapped in a tight band. Most of the commentators in the market are saying they do not meet the new entry costs.

  Dr Riley: There is a number of questions there but I think the common theme is, if I put it directly to us at International Power, why are we not considering investing more in generation in the UK? I thought I had answered that partly before by saying that we have invested money in Rugeley to keep that open. If you take a look at what we have done since 2000 when we were created, we have increased our share of the generation capacity from 500 megawatts to over 5,000 megawatts. That has all been through acquisitions so far. We are doing that in partnership with Mitsui & Co which is a big Japanese trading house. There is a strong partnership there which is very interested in increasing its exposure to the UK market and it is then just a case of finding the right opportunity with the right risk profile before we could do that. I do not think again that you should go away with the conclusion that this market is not of interest to independent power generators because that is not the case.


 
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