The government abhors transparency: taming public utility companies


By R.N.Bhaskar


June 2007 (published in the DNA).

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The higher the capital costs, the higher will be the tariff. Hence all capital costs need to be done on an open tendering basis. Public Utility Service Providers cannot claim the benefit of commercial secrecy like other companies. Other companies have face competition; a PUSP is a monopoly.

It was surprising when, barely a month ago, the power ministry itself chose to re-interpret the Electricity Act, 2003 in a manner that would allow electric companies to continue close door negotiations for building new power plants and avoid transparent bidding processes. Is the power ministry encouraging corruption and sleaze?

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A public utility service provider (PUSP)is a monopolist. Except for the initial stages, when it has to prove its credentials to the government or the local body why it should be given the charter, the PUSP remains a monopoly. After all, I cannot ask for my electricity supply company to be changed overnight. Similarly, I cannot reject my water supply service provider.

True, I can always go in for bottled water, just as I could set up a captive power generating set. But both those options are prohibitively expensive. They are not meant to be the solution. Of course, if the water pipes burst, and there is no drinking water at home, I will be compelled to purchase some bottled water. And if the power supply transformer in my area gets burnt, and I am not likely to get power supply for a long period, I may be persuaded to purchase, or take on rent, a power generator. But those are meant to be rare exceptions.

In order to prevent a PUSP from acting like a monopolist, governments wordwide normally insist on some critical conditions:

  • The quality of service is clearly defined. Any violation of this norm could compel the government to cancel (or even nationalize) the mandate given to the PUSP.

  • The tariff at which common people will get the service is also clearly defined. And if there are variable costs, these too need to be spelt out quite clearly, so that they do not lead to accounting fudges.

  • And when there are costs related to expansion of capacity, the manner in which capital costs are incurred also need to be made extremely transparent, along with a guarantee that the best price deal has been obtained for common consumers. This is because all capital costs have to be recovered by any company – a PUSP is no different. The larger the capital costs, the higher will be the tariff. Hence all capital costs need to be done on an open tendering basis. PUSPs cannot claim the benefit of commercial secrecy like other companies. Other companies have to face competition; a PUSP is allowed a near monopoly with this pre-condition of transparency and the open tendering process.

That is why it was surprising when, barely a month ago, the power ministry itself chose to re-interpret the Electricity Act, 2003 in a manner that would allow electric companies to continue close door negotiations for building new power plants and avoid transparent bidding processes.

It is ironic that this interpretation was offered even when the benefit of transparent bidding was clearly demonstrated in an Ultra Mega Power Project (UMPP) like Mundra. Is the ministry now encouraging private deals, even in areas of public interest, where PUSPs are private companies?

One is compelled to adopt this alarmist stand in the wake of the news announcement in the first week of June 2007, that the government had decided to cancel the award of the UMPP Sasan power project contract to Lanco. This is sad because transparent open competitive bids showed that power could be produced at much lower costs than any other power utility in India.

For instance, the variable costs (or energy) component of the bid for Sasan which at 0.30 per kWh is much lower than what NTPC pit-head coal plants have to pay. For example, the fuel cost of power from pithead plants such as Talcher 2 or Korba was around 48-55 Paisa per kWh, 60% to 85% costlier than what was agreed for the Sasan plant.

All tenders were publicly called for, and all bidding was done in a transparent manner.

Now with almost all major PUSPs planning expansion of capacities costing several thousand crore rupees, why is the open tender system and global competitive bidding being done away with? Could that also explain why Sasan low costs became a sore inconvenience to both the government and private PUSPs?

Some answers are urgently required.



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