The Role of the Bulk Trader in the Transitional Electricity Market and Off-take Security

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1 1 The Role of the Bulk Trader in the Transitional Electricity Market and Off-take Security Presented by Rumundaka Wonodi Bankers Committee and BPE Technical Workshop May 25, 2011

2 2 Outline Background Bulk trader in the Transitional Electricity Market Off-take security Near term PPAs & vesting contracts Bulk trader and transmission arrangements Banks and bulk trader related transactions

3 3 Background Mandated by the Electric Power Sector Reform Act (EPSRA) enacted in 2005 trading licensee holding a bulk purchase and resale license to engage in the purchase and resale of electrical power and ancillary services from IPPs and from the successor generation companies New entity incorporated to act as the bulk trader: Nigeria Bulk Electricity Trading Plc (NBET) Securitization required; consistent payment default by DisCos due to: low tariffs, inefficient operations and poor collections

4 4 Trading Arrangement Provision in EPSR Act 2005 Presidential Task Force on Power

5 5 Bulk Trader in the Transitional Electricity Market Act as the FGN s agent in power purchase agreement guarantees Execute PPAs with to-be privatised successor generation companies Assume PHCN obligations in existing PPAs with IPPs (outstanding liabilities transferred to NELMCO) Negotiate and enter into PPAs with potential IPPs Execute vesting contracts with distribution companies Execute PPAs with eligible customers Conduct competitive procurement of capacity & energy

6 6 Transitional Market Trading Arrangement Existing Existing Existing GenCo1 GenCo2 GenCo3 New IPPs GenCo4 GenCo5 GenCo6 IPPs IPPs IPPs POWER PURCHASE AGREEMENTS PPAs BULK TRADER Additional Capacity Eligible Customers VESTING CONTRACTS DisCo 1 DisCo 2 DisCo 3 DisCo 4 DisCo 5 DisCo 6 DisCo 7 DisCo 8 DisCo 9 DisCo 10 DisCo 11

7 MIGA Termination Guarantee L/C Guarantee Agreement 7 PRG Revolving Standby L/C Facility and MIGA Termination Guarantees in Support of IPPs FGN (Ministry of Finance) Indemnity Agreement 7 IDA Bulk Trader PPA IPP Standby L/C L/C (Commercial ) Bank PRG Contractual Agreements with no regular Payment flows Contractual Agreements & regular Project Payment flows Project Agreement Payment flows in the event of a Breach of the Power Purchase Agreement

8 8 Near term PPAs and Vesting Contracts 14 projects nominated by the Ministry of Finance to the World Bank under the PRG program PPAs to be executed with GenCos and qualified projects Payment and certain regulatory risks to be covered by the PRG Termination risks to be covered by MIGA and/or other insurance institutions Agreement clauses that allow for novation of PPAs from BT to DisCos Prices benchmarked to MYTO, all sponsors to submit to open book review of project cost Price indexation of some portion of fixed costs to USD All sales by the bulk trader to either DisCos or eligible customers to be supported by a liquid guarantee instrument, preferable an L/C

9 9 Bulk Trader and Transmission Contracts Option A: BT buys from GenCo at the busbar of the plant and sells to DisCo at the injection substation of the DisCo 1 3 BT assumes Transmission Risk and signs the TUOS Agreement with TSP Option B: BT buys from GenCo and sells to DisCo at the busbar of the plant. 1 2 DISCO assumes Transmission Risk and signs the TUOS Agreement with TSP Option A is expected to provide greater investor comfort

10 10 Banks and Bulk Trader Related Transactions Project finance for new projects and acquisitions of PHCN successor GenCos Issuance of L/C as part of the PRG structure for PPAs Issuance of L/Cs on behalf of the DisCos i.f.o. of the Bulk trader for vesting contracts Capacity building Establish power desks to provide coverage on power deals and trades with strong in-house quantitative, technical and legal skills

11 11 11 THANK YOU

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