The Privatization of Brazil`s Electricity Sector
Transcrição
The Privatization of Brazil`s Electricity Sector
Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Special Syndicated Intelligence Report THE PRIVATIZATON OF BRAZIL’S ELECTRICITY SECTOR By Dr. Bernardo Kucinski São Paulo, Brazil Latin American Information Services, Inc.* 159 West 53rd Street, New York, NY 10019-6050 Tel 212-765-5520 Fax 212-765-2927 *Publishers of Lagniappe Letter & Lagniappe Quaterly Monitor and Lagniappe Montly on Latin American Projects & Finance COPYRIGHT 1995 LATIN AMERICAN INFORMATION SERVICES, INC. THIS PUBLICATION IS FOR THE EXCLUSIVE USE OF SUBSCRIBERS. IT MAY NOT BE COPIED, PHOTOCOPIED, FAXED OR DUPLICATED IN ANY WAY WITHOUT LATIN AMERICAN INFORMATION SERVICES WRITTEN APPROVAL. COPYRIGHT LAW. VIOLATORS MAY BE SUBJECT TO CRIMINAL PENALTIES AS WELL AS LIABILITY FOR SUBSTANTIAL MONETARY DAMAGES. 1995 página anterior próxima página Jornalismo Econômico Ficha Técnica Publicação Original 1995 - Latin American Information Services, Inc. Autor Bernardo Kucinski Editoração Digital EccentricDuo página anterior próxima página The Privatization of Brazil’s Electricity Sector Contents CHAPTER I: EXECUTIVE SUMMARY A Three-Tier Program.......................................................................................................2 Electricity Sector Politics...................................................................................................3 The Regulatory Framework...............................................................................................3 A Preference For Hydroelectricity.....................................................................................3 Reshaping Eletrobras........................................................................................................3 Strong Demand Expected.................................................................................................4 The Regulatory Bottleneck ...............................................................................................4 The New Concessions Law................................................................................................4 Tariff-Setting Rules...........................................................................................................5 Tariff Worries....................................................................................................................5 The Thermoelectric Option...............................................................................................5 Gas For Sao Paulo.............................................................................................................6 Coal For Minas Gerais And The South.............................................................................6 Gas For The Amazon Basin...............................................................................................6 Independent And Self Production.....................................................................................6 Selling Off Eletrobras.......................................................................................................13 Privatization Bottlenecks..................................................................................................13 Privatization Of State Utilities..........................................................................................13 Sao Paulo’s Plan...............................................................................................................14 Rio de Janeiro..................................................................................................................15 Minas Gerais....................................................................................................................15 Privatization Of Individual Plants....................................................................................15 CHAPTER III THE LEGAL FRAMEWORK FOR ELECTRICITY SECTOR PRIVATIZATION Summary.........................................................................................................................18 Political And Historical Background................................................................................18 Building On Earlier Studies.............................................................................................18 Revising The Constitution...............................................................................................19 Legislative Scorecard........................................................................................................19 Tariff Breakthrough.........................................................................................................20 Private Producers Authorized...........................................................................................20 Bringing Paralyzed Plants Back To Life............................................................................20 Key Features Of The Concessions Law.............................................................................21 Concessions Regulations Passed.......................................................................................22 Setback For SelfProducers................................................................................................22 Constitutional Challenge.................................................................................................22 Environmental Protection................................................................................................23 Summary Of Principal ElectricityRelated Laws................................................................23 CHAPTER II: THE SCOPE AND LIMITS OF BRAZIL’S ELECTRICITY PRIVATIZATION Summary..........................................................................................................................9 The Broad Game Plan.......................................................................................................9 Historical Background.....................................................................................................10 The 1970s Tariff Meltdown..............................................................................................10 Long-Term Planning........................................................................................................11 The 1993 Recovery..........................................................................................................11 Rules For Transmission....................................................................................................11 Financial Gap..................................................................................................................11 Goals Of The TenYear Plan..............................................................................................12 The Shape Of Eletrobras’ Privatization.............................................................................12 Rules For Transmission....................................................................................................12 Progress To Date: The Escelsa Sale..................................................................................12 CHAPTER IV THE ELECTRICITY MARKET AND ELETROBRAS’ PLAN 2015 Summary.........................................................................................................................25 The Hydroelectricity Bias.................................................................................................25 página anterior próxima página índice The Privatization of Brazil’s Electricity Sector Recasting The Tariff Adjustment System..........................................................................43 Lower Subsidies...............................................................................................................44 Question To Be Resolved.................................................................................................44 The Stabilization Plan Threat...........................................................................................45 The Power Inventory........................................................................................................25 The Electricity Markets....................................................................................................26 The Demand Side............................................................................................................28 Eletrobras’ Scenarios........................................................................................................28 Will There Be A Shortage?...............................................................................................29 Integrating National And International Grid Connections...............................................30 CHAPTER VIII THE THERMOELECTRIC OPTION Summary.........................................................................................................................48 Historical And Technical Background..............................................................................48 Thermoelectricity Mooted For The Northeast..................................................................48 Gas And Coal..................................................................................................................49 Urucu Gas For The Amazon............................................................................................50 The BoliviaBrazil Pipeline................................................................................................52 Slow Expansion...............................................................................................................52 Projects Under Consideration..........................................................................................53 Pipeline Obstacles ...........................................................................................................53 Outlook...........................................................................................................................55 Other Thermoelectric Projects.........................................................................................55 The Gaucho Pipeline.......................................................................................................55 Southern Coal..................................................................................................................56 Supply Agreement Signed................................................................................................56 The Role Of Thermoelectricity In Plan 2015...................................................................57 CHAPTER V KEY POLITICAL PLAYERS Summary.........................................................................................................................33 The PFL Profile ...............................................................................................................33 CHAPTER VI MODERNIZING THE REGULATORY STRUCTURE Summary.........................................................................................................................36 Historical Background.....................................................................................................36 Scant Resources for DNAEE............................................................................................36 A New Independent Regulatory Agency..........................................................................37 A Role For The States.......................................................................................................37 Call For Consultants........................................................................................................37 Environmental Protection................................................................................................38 The Gas Regulation Bottleneck .......................................................................................38 Outlook For The Regulatory Reform...............................................................................38 The Energy Conservation Program..................................................................................39 CHAPTER IX SELF-PRODUCTION AND INDEPENDENT PRODUCTION: A SUMMARY OF RECENT AND UPCOMING PROJECTS Summary.........................................................................................................................60 Historical And Political Background................................................................................60 Legal Considerations........................................................................................................61 Conflicting Goals.............................................................................................................61 Tariff Questions...............................................................................................................62 Special Legislation............................................................................................................62 Some Winning Bids.........................................................................................................63 Transfer Of Power Plants To Consortia............................................................................63 CHAPTER VII HOW THE TARIFF SYSTEM IS STRUCTURED Summary.........................................................................................................................41 Historical And Political Background................................................................................41 The New Structure...........................................................................................................42 Application Process..........................................................................................................42 Protest Against Tariff Tax.................................................................................................43 Tariff Criteria For Public Service And SelfProducers........................................................43 página anterior próxima página índice The Privatization of Brazil’s Electricity Sector Distribution of Bolivian Gas............................................................................................52 Rio Grande do Sul Coal...................................................................................................56 Coal-Fueled Thermoelectric Plants On the Drawing Board..............................................57 Profile of Energy SelfProducers........................................................................................61 SelfProduction Prospects Under the 2015 Plan (TWh)....................................................61 The 20 Largest State-Owned Utilities ..............................................................................70 State Power Sector Ratios.................................................................................................71 Sistema Eletrobras............................................................................................................72 Eletrobras Financial Return Statement, 1994...................................................................72 Other Plants On Offer.....................................................................................................64 Concession Confusion.....................................................................................................65 Self-Producer Projects......................................................................................................66 New Concessions.............................................................................................................66 CHAPTER X A PROFILE OF THE MAJOR ELECTRIC UTILITIES Summary.........................................................................................................................70 The Ownership Network.................................................................................................70 The Eletrobras System......................................................................................................71 Eletrobras Generators.......................................................................................................72 The Privatization Of Light...............................................................................................74 The Sao Paulo State Concessionaires................................................................................74 CHARTS Brazilian States.................................................................................................................78 Power System...................................................................................................................79 Path of the Proposed Bolivian-Brazilian Gas Pipeline.......................................................80 ANNEX I — Concession for Exclusive Use Hydroelectric Plants....................................81 ANNEX II — Power Projects To Be Offered in Public Bidding.......................................85 TABLES Investment Requirements, 1995-1998.............................................................................12 Existing Capacity.............................................................................................................26 Projected Additional Capacity..........................................................................................26 Energy Market (1994).....................................................................................................27 Consumption by Sector (1994)........................................................................................28 Energy Scenarios of Plan 2015.........................................................................................28 Electricity Demand by 2015............................................................................................29 Regional Participation (Consumption)............................................................................29 Rates of Growth of Electric Energy Demand by Region...................................................29 Capacity and Investments Needed to Meet Scenario III...................................................29 Electricity Requirements In the Year 2015, by Sub-Systems.............................................30 Average Tariffs and Share of Energy by Classes of Consumer............................................42 Residential Energy Consumption.....................................................................................45 Electricity Tariffs in Sao Paulo..........................................................................................46 Escelsa’s Proposed Residential Tariff.................................................................................46 Brazil’s Oil and Gas Reserves (1993)................................................................................49 Natural Gas Production...................................................................................................50 Bolivian Gas Reserves......................................................................................................52 USEFUL ADDRESSES AND TELEPHONE NUMBER..............................................88 GLOSSARY OF NAMES OF KEY BUSINESSES, GOVERNMENT AGENCIES AND COMPANIES.................................................................................................................91 página anterior próxima página índice The Privatization of Brazil’s Electricity Sector Chapter 1 THE PRIVATIZATION OF BRAZIL’S ELECTRICITY SECTOR Executive Summary página anterior próxima página índice Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Executive Summary Brazil’s enormous electric power industry with an asset base of around US$100 billion has been set on an irreversible privatization course. However, the process is expected to take years. The final model will likely be one of mixed ownership in which the states especially retain a great deal of influence. will be divided into six generating companies, 13 distribution companies and one unified transmission company. Only transmission will remain under state control. The state governments’ best managed electricity utilities, such as Cemig of Minas Gerais and Copel of Parana, are not slated for privatization. However, they will join forces with private capital because they need an injection of funds to speed up their investment programs. A Three-Tier Program The third level of electricity privatization entails full or partial private participation in individual power plant projects. This process is already going ahead full steam. Private participation is the government’s emergency plan to ensure that half-built or paralyzed plants are brought on stream even before the power sector is restructured. Some US$4.2 billion in private capital is needed immediately for this program. Nine half built plants belonging to state utilities and to Eletrobras subsidiaries are on offer as partnerships with private consortia. The process has been structured in three tiers. At the top, under the National Privatization Program, is the privatization of Brazil’s four large federal power generators: Chesf, Furnas, Eletronorte and Eletrosul, with total assets topping US$39 billion. All four are controlled by federal holding company Eletrobras. Distribution utilities Light, of Rio de Janeiro, and Escelsa, of Espirito Santo, (sold in July to a consortium led by the IVEN group and 11 large pension funds) are also included in the program. Simultaneously, the government is pressing ahead with a plan to offer power plant concessions to private developers. Between 1995 and 2004, up to 72 such concessions will be offered in public bidding. A first round comprising seven plants is scheduled for the end of 1995 or early 1996. About half of the concessions to be offered were previously held by state government utilities, but were never implemented. President Fernando Henrique Cardoso canceled the state concessions in March 1995. Among them are concessions for 10 thermoelectric plants, including six to be fuelled by the Bolivia Brazil gas pipeline, currently in a preliminary study stage. The second tier is at the state level, where progress is likely to be sporadic because not all state governors are of one mind about privatization. For example, Rio de Janeiro governor Marcelo Alencar is anxious to proceed and has already asked the state assembly for authorization to auction its controlling stake in Companhia de Eletricidade do Rio de Janeiro (CERJ) and state gas company Companhia Estadual de Gas (CEG). Their combined assets are US$180 million. Sao Paulo state governor Mario Covas is not anxious to privatize, but is being forced to because of financial necessity. The three Sao Paulo state utilities, Eletropaulo, Cesp and CPFL, with US$16 billion in total assets, página anterior *2* índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Executive Summary Electricity Sector Politics which means no project will be cleared by any government agency unless full environmental protection criteria are met. Brazil’s electricity sector at the federal level is firmly under the control of the Liberal Front Party or PFL, which is also strongly influenced by some of Brazil’s largest building contractors. The PFL is a principal player in the governing coalition, which, of course, also favors privatization. The power technocracy at the state level, however, is very strong, and even following a substantial degree of privatization, it will have a major influence on how power projects are carried out. A Preference For Hydroelectricity The preeminence of hydroelectricity in the power panorama will prevail. More than 38% of the energy produced in Brazil takes the form of electricity, and 93% comes from hydroelectric plants. The economics of hydroelectricity, therefore, dominate and determine pricing policies and the marginal costs of expansion plans. The Regulatory Framework Reshaping Eletrobras Under the electricity restructuring program, the Mining and Energy Ministry (MME) is preparing to strengthen state regulatory authorities substantially and also to upgrade the principal federal regulatory agency, the Departmento de Aguas e Energia Eletrica (National Department of Water and Electrical Energy, or DNAEE). The environmental protection agency, Instituto Brasileiro de Meio Ambiente (IBAMA), is also to be strengthened. But skeptical officials do not believe that DNAEE will ever be able to act independently of the large state power companies. Instead the reforms will probably strengthen the influence of regional politicians and state governors on the electricity sector, as well as that of state electricity companies. The federal government is planning to privatize generation and final distribution, possibly by creating smaller units in order to stimulate competition. Eletrobras subsidiaries will be split into separate units devoted to generation, transmission and distribution. The transmission units will then be regrouped to form a national system that will be kept under government control and will be open to all utilities and consumers. The plan also calls for a two tiered energy market involving long term and spot contracts. Restructuring of Sao Paulo’s three state utilities — Cesp, Eletropaulo and CPFL — is considered a prerequisite for the restructuring of the federal system because of the three companies’ key position in distribution. The new environmental protection policy demands strict obedience to regulations and incorporates a wide range of social, cultural and environmental concerns that would have an impact on power development. The government may soon introduce a “Green Stamp,” página anterior *3* índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Executive Summary Strong Demand Expected Nevertheless, private companies are anxious to get involved. They are operating under the assumption that the authorities are acting in good faith and simply lack the time to create a comprehensive legal framework prior to actual privatization. They believe the only way to proceed is to take some risks and help to improve legislation so that the final outcome offers sufficient guarantees. In short, the legal environment is considered to be transitional, but heading in a positive direction. This report assumes an annual rate of economic growth in the range of 5% to 6%, under the assumption that growth over 6% p.a. is incompatible with maintaining equilibrium in the balance of payments and will therefore be repressed. Under the most probable scenario, with a 5.2% average annual increase in GDP, electricity production will have to treble to 730 TWh by the year 2015. Installed capacity would have to reach 74,000 MW by year 2000, compared to 58,686 MW in 1995. Thus, the country will have to add 15,000 MW in five years, or 3,000 MW a year. A common rule of thumb is that more than US$6 billion a year in investment is needed through 1999, rising to nearly US$11 billion in the year 2000. Another important gap is the absence of specific legislation regarding the concessioning of natural gas distribution to the private sector, which is now permitted by the constitution. The lack of up to date gas regulations and modern regulatory agencies is the chief obstacle to expansion of gas use on the scale now being proposed. A further complication is that the distribution of natural gas and its regulation are prerogatives of the states. A special law is also needed to regulate private involvement in the oil sector. Following a long paralysis in plant construction, the power sector is now racing against time to meet the need for increased capacity. If GDP expands more than 6%, there could be some stress upon the transmission lines to the states of Santa Catarina and Espirito Santo. Otherwise the system will remain reliable because hydrological conditions continue to be favorable. The New Concessions Law Law 9074, which regulates concessions, was passed in July 1995. It is the key piece of legislation that has opened the electricity system to competition and private capital. This in effect has shattered the state electricity sector to an extent still not fully digested. The new law also sets up a definition for independent energy producers, permits them to operate and use the national grid, and allows consumers to shift from one supplier to another. The Regulatory Bottleneck The absence of a comprehensive regulatory framework and tariff guarantees is the main obstacle investors face as they evaluate involvement in power privatization. The new legislation spelling out privatization and concession rules is still fragmentary, and even contradictory in many aspects. It lacks sufficient guarantees of capital return for private investors. página anterior The law requires that all public service concessions or permissions be submitted to public bidding. Concessions must be formalized by a contract *4* índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Executive Summary Tariff Worries specifying both the tariff that won the bidding proceedings and the mechanism for revision of tariffs when necessary. All assets must revert to the state at the end of the concession period, but with due indemnization to the concessionaire for assets not fully amortized. Law 9074 was a setback for energy self producers, because it requires them to submit their own projects to public bidding, thus forcing them to offer a premium to win the bid. Moreover, the law may prove unconstitutional on a particular point that benefits self-producers — that of allowing land appropriation for projects not destined for public service. If this turns out to be the case, self-producers will face another degree of uncertainty that will further hamper their projects. There is great concern that the new tariff legislation could be aborted in the future by one of the economic stabilization packages that have become regular instruments of Brazilian economic policy. Typically, these packages suspend legal contracts for lengthy periods. They are considered by the courts to be legitimate government acts, taken in the national interest. The most recent stabilization package is the Real Plan, launched in March 1994. The plan gave the finance minister exclusive power to determine tariffs, which were then kept frozen for more than a year, despite 2% 3% monthly inflation. Tariff-Setting Rules An additional source of concern is the absence of comprehensive legislation concerning charges for independent producers’ use of transmission lines. A new tariffs law gives each concessionaire the responsibility for calculating its tariff, according to an established formula, and a mechanism for periodic revision. The parameters were determined after a national independent costs audit. Concessionaires must specify their tariffs in the concession contract. The Thermoelectric Option Brazil’s energy system depends heavily on hydroelectric energy and on oil derivatives, with negligible use of natural gas (currently 1.9%) and coal (3.6%). National energy secretary Peter Greiner has recommended increasing the use of gas and coal in order to make the system more diverse. Applications for tariff readjustment can be filed at any time, depending on changes in costs. The tariff-setting formula must be revised every three years, and can be revised earlier if there are exceptional grounds. However, efforts to increase production of thermoelectricity are hampered by longstanding preferences for hydroelectricity. Presently, an additional 14,600 MW of untapped firm hydroelectric capacity is available at less than US$40/MWh, including long distance transmission costs. Energy could be imported from the Amazon basin (transmission costs Energy supply contracts between companies must be approved by DNAEE. Concessionaires of public services are required to create a consumers council made up of representatives of all types of consumers. The council will monitor and evaluate tariffs and quality of service. página anterior *5* índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Executive Summary from the Amazon basin would add only US$16 to the MWh cost), and Eletrobras has concluded that total hydroelectricity costs are competitive with thermoelectricity. Despite these calculations, which manifest the power sector technocracy’s preference for hydroelectricity, the Southeast will need supplementary thermoelectric energy at some point in the future. shipping facilities that routinely carry iron ore for export. This corridor can handle 6 million tons of coal a year. In the South, Eletrobras has signed a protocol with coal producers for a set of nine power plants, to ensure supply at prices compatible with the marginal cost of the electric sector expansion plan. The low quality coal is feasible for use in fluidized cold bed plants. The nine units were chosen among several already on the drawing board, totalling 4,630 MW capacity. Gas For Sao Paulo In Sao Paulo, gas from the proposed Bolivia Brazil pipeline could be used to generate electricity. However, several unsolved differences block the launch of the pipeline project and the general expansion of gas usage. For example, Sao Paulo state utility Cesp is against the proposal put forth by Enron to establish a 1,600 MW thermoplant that would be the anchor for a gas-powered system. Another complication is the Brazilian authorities’ desire for the final price of gas to be the same at all city gates along the pipeline to Rio Grande do Sul. But an equalized gas tariff on the Sao Paulo Rio Grande do Sul section of the pipeline doesn’t make economic sense at this stage. However, Bolivian gas will almost surely be used in Mato Grosso. Gas For The Amazon Basin Coal For Minas Gerais And The South Feeling pressure from higher tariffs and alarmed by the prospects of an energy shortage, large energy consumers and energy intensive industries are turning to strategies of energy self sufficiency. Mining companies, such as Samarco, plan to get most of their energy from self production by the year 2000. In the Amazon basin, there is room for many small thermoelectric plants to be fuelled by the Urucu gas reserves, especially if the plants are not located along the route of the proposed Tucurui Santarem transmission line. Plans for the Urucu and Jurua gas reserves involve liquefying the gas at minus 162 C at the town of Coari, close to Urucu, and then transporting it by cryogenic ships to Manaus and Porto Velho. The estimated cost is US$1.80/BTU. Independent And Self Production Minas Gerais utility CEMIG has signed an agreement with Southern Electric to study construction of one or more thermoelectric plants fed by imported coal. They would total about 2,200 MW and be located along the Belo Horizonte Vitoria railway. The key to the project is to use the return idle capacity of the iron ore export corridor, meaning the trains and página anterior Even second rate hydroelectric sources — of which many are still available in the Southeast — can provide electricity for self supply at *6* índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Executive Summary a competitive price. Self producers have the advantage of not needing government tariff guarantees. Numerous medium sized sources of hydroelectricity are located in the state of Minas Gerais, close to the big mining companies and steel mills, and thus offer the perfect combination for self production projects. CEMIG is far ahead of other state companies in financial reorganization, promoting joint ventures with the private sector and negotiating adequate arrangements for the use of its transmission grid by self producers or independent producers. To date, DNAEE has received 97 applications for concessions for self production of energy, totalling 6,165 MW of installed capacity. The applications were filed before the new concessions legislation was passed. Therefore it is unclear if these applications have to comply with the new legislation requiring them to submit to a public bidding process. Most concessions range from 50 MW to 120 MW, but several are on a much larger scale. Nearly half of them — 42 concessions — are located in Minas Gerais. Mato Grosso comes in second with 13 concessions. página anterior *7* índice próxima página The Privatization of Brazil’s Electricity Sector Chapter 2 The Scope And Limits of Brazil’s Electricity Privatization página anterior próxima página índice Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Scope And Limits of Brazil’s Electricity Privatization Summary The Broad Game Plan The privatization of Brazil’s US$100 billion electricity industry is irreversible, but any substantial change in the nature of industry ownership is expected to take years. The process will take place on three levels: federal (Eletrobras), state (with many participants), and specified individual plants, all with varying mechanisms. Most of the game will be played only by very big operators. Still, there are opportunities of every possible size. The privatization of the electricity sector is part of the federal government’s general move to restructure itself, transferring productive activities to the private sector to reduce indebtedness and improve efficiency. The drive to privatize the electricity sector began when lower levels of the state apparatus began to have to cope with very urgent needs, such as completion of paralyzed power plants. The bulk of the federal utilities will be privatized only after a radical reorganization and regrouping by area of activity and by river basins. The federal reorganization also depends on the state of Sao Paulo following the same process. Political resistance is subsiding on the left, but is tending to increase among governors of Northeastern states, who control their states’ electricity sector machinery. The privatization process is divided into three tiers. At the top is the privatization of the large federal utilities that are under the control of government holding company Eletrobras. This level is only for very strong players. The second tier belongs to the state utilities. Two states are following the federal plan of privatizing utilities that are under their control: Rio de Janeiro announced it will privatize its state electricity company (Companhia de Eletricidade do Rio de Janeiro, or CERJ), and Sao Paulo will privatize most of the generation and distribution sections of its three utilities — CESP, Eletropaulo and CPFL — after splitting and regrouping them. The restructuring of the three Sao Paulo utilities is considered a precondition for the restructuring of the federal system. By contrast, the state of Minas Gerais will keep control of its utility, Cemig, but it has pioneered the sale of power plant concessions to joint ventures with private consortia. Concessions will also be a game for very big players. A core of strong and well managed state government utilities, such as Cemig of Minas Gerais and Copel of Parana, will resist privatization. The gigantic and badly managed Sao Paulo state utilities Cesp, CPFL and Eletropaulo have no alternative but privatization. The lack of regulatory structure and tariff guarantees are the chief obstacles to a more rapid privatization process. But private groups are taking risks, assuming that regulation and guarantees will be strengthened along the way. The legal environment is considered transitional. The final model will probably be one of mixed ownership, and the well-entrenched electricity technocracy at the state level will likely prevail in conflicts of interests for a long time to come. página anterior At the third and lowest level, there are many privatization proposals with limited scope that are less risky and only indirectly dependent on the reshaping of the power system. Among them are privatization of specific power plants of all possible sizes, small, medium and very large, *9* índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Scope And Limits of Brazil’s Electricity Privatization some of them half built, others still on the drawing board. Nine half built plants belonging to state utilities and to Eletrobras subsidiaries are on offer as partnerships with private consortia. These range from the 1,814 MW Porto Primavera, a CESP concession, to the 45 MW Cubatao, a Celesc concession. (See Chapter IX, “Self Production and Independent Production: A Summary of Recent and Upcoming Projects.”) Seventy-two concessions are set for public auction under the new concessions law that allows private groups to bid. There will be about five auctions per year, beginning in 1995. (See Annex II.) entire government steel sector, the fertilizer sector, petrochemicals, aircraft manufacturer Embraer, and Escelsa (the state run distribution company in Espirito Santo), the only electricity utility privatized so far. In February 1995, President Fernando Henrique Cardoso proposed that all public services be included in the privatization process. Congress approved the proposal as Law 8978, which regulates private participation in public services. Espirito Santo distributor Escelsa and Rio de Janeiro distributor Light were designated for privatization. Subsequently, President Cardoso included the four major Eletrobras power generation subsidiaries in the national privatization program: Furnas, Chesf, Eletronorte and Eletrosul. There are now 25 companies being evaluated for privatization, including Light and the four Eletrobras subsidiaries. Historical Background During the 1960s and 1970s, more than 200 federal and state companies were created in Brazil to promote economic development. Among them were the giant federal holding companies Eletrobras (electricity), Petrobras (oil) and Telebras (telecommunications). In 1973, congress passed Law 5899, which granted Eletrobras regulatory and planning authority. Law 5899 also set quotas for how much electricity utilities were required to buy from the Itaipu Binational facility (co-owned with Paraguay), through Furnas, the Eletrobras subsidiary that operates Itaipu. The 1970s Tariff Meltdown The key factor in the decline of the government run electricity sector — despite a tradition of technical quality — was the decision taken in the 1970s to hold down tariffs. Until the 1960s, tariffs were based on a basket of values that included the prices of gold, the US dollar and oil. Then, after a period during which tariffs were based on producer costs, the government introduced a national equalized tariff, taking the large profits from the low cost utilities and transferring them, through a compensation account, to the higher cost utilities. But when the government decided to fight inflation by holding down the national equalized tariff, the utilities became insolvent. In 1993 the national equalized tariff was abolished, and an estimated US$24 billion was injected into the utilities by settling the compensation account. In early 1990, congress passed President Fernando Collor de Mello’s national privatization program, which became Law 8031. The law designates the National Bank for Economic and Social Development (BNDES) both to run the privatization process and to manage the country’s privatization fund, in which shares of the state companies to be privatized were deposited. By September 1995, 37 companies had been privatized under the national privatization program, including the página anterior * 10 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Scope And Limits of Brazil’s Electricity Privatization Long-Term Planning installed). Total need would be 15,000 MW in five years, or 3,000 MW a year. During Brazil’s long period of economic stagnation, from 1981 to 1991, capital investment plummeted from 25% of GDP to 14% of GDP. Investments in power plants were virtually halted. In 1986, Eletrobras unveiled its long term Plan 2010, in an attempt to plan investment until that year. Forecasts called for demand to grow from 175.7 TWh, in 1986, to 668.8 TWh in 2010: a 5.7% compounded annual rate of growth. Installed capacity would have to grow from 42,700 MW, in 1986, to 160,000 MW by 2010. The plan also forecast more energy transport between the North and the Southeast. Electricity shortages were only avoided because the stagnation in investment was matched by stagnation in economic activity. In 1995 the Cardoso administration introduced laws that specifically regulate private sector participation in the electricity sector. (See Chapter III, “The Legal Framework for Electricity Sector Privatization.”) Simultaneously, President Cardoso won congressional approval to revise the 1988 constitution to eliminate rules that accorded preferential treatment to domestic capital. Rules For Transmission Also in 1995 the National System for Transmission of Electrical Energy, or Sintrel, began to be conceived. In August, the principal regulatory agency for electricity, the Departamento Nacional de Aguas e Energia Eletrica (DNAEE), completed its first draft of a method to set Sintrel’s tariffs. The proposal calls for transmission tariffs to vary according to distance, duration of the contracts and average duration of the concession. Values being mentioned vary from US$1.1 per MWh to as much as US$12 per MWh. In the Serra da Mesa contract with the private sector, transmission costs will vary from US$1.1 to US$5.48 per MWh. The 1993 Recovery When economic recovery began in 1993 and GDP resumed an average annual growth rate of 4% 5%, Eletrobras once again turned its attention to the urgent need to expand the power supply. Plan 2010 was revised to Plan 2015. This was also revised in 1995. (Within the 20 year plan is a 10year plan that was also revised in 1995). Scenario III in Plan 2015 is now considered the most probable. (See Chapter IV, “The Electricity Market and Eletrobras’ Plan 2015.”) Financial Gap Scenario III predicts that GDP will grow by an average of 5.2% p.a., and that Brazil will need 560 TWh by the year 2000, rising to 730 TWh by the year 2015. Installed capacity would have to reach 74,000 MW by the year 2000, compared to 58,686 MW in 1995 (including turbines still being página anterior The rise in tariffs permitted in 1993 will add an estimated US$800 million to utilities’ revenue, but the amount is still considered insufficient to finance development. The government hopes to attract some US$2 billion in private capital per year, out of the total US$7-9 billion a year * 11 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Scope And Limits of Brazil’s Electricity Privatization The Shape Of Eletrobras’ Privatization needed for the plan’s first phase and the US$11 billion a year needed beginning in the year 2000. The state power companies, burdened by heavy debt, have only about half the funds they need to stay on schedule. To allow competition into the generation business and at the same time assure the neutrality of the transmission grid, Eletrobras plans to split its subsidiaries into separate units dedicated to generation, transmission and distribution. The government wants to privatize generation and final distribution, possibly in smaller units to keep any one generator from dominating a wide region, and also to facilitate a sell off. Some of the assets are too large to allow for a smooth sale. Goals of the Ten Year Plan The latest revision of Eletrobras’ Ten Year Development Plan, unveiled in July 1995, is based on Scenario III of Plan 2015, predicting average annual GDP growth of 5.2% and calling for more than US$23 billion in investments during the first four years alone, as follows: Rules for Transmission INVESTMENT REQUIREMENTS, 1995-1998 The units dedicated to transmission will then be regrouped into a national system under the control of a branch of Eletrobras. The system will treat all generators equally, charging a tariff for energy transportation and eventually an administrative fee. Large scale consumers will be in position to sign long term contracts with suppliers offering the lowest tariff. An additional spot market will take care of fluctuations on both demand and supply needs. Though the market plan seems adequate, there are still many reservations concerning its actual operation, and many technical difficulties to be overcome. (US$ billions) 1995 1996 1997 1998 Power production 1,9402,7133,2143,390 Transmission 1,4722,0271,7661,664 Distribution824 1,119 1,044 1,106 General Installations 270374384505 Total4,506 6,233 6,408 6,665 Progress To Date: The Escelsa Sale Source: Eletrobras Espirito Santo state utility Escelsa was the first state utility to be sold. It went on the block in July 1995 and was bought by a consortium of 11 large pension funds and the IVEN group, whose main partners are the By 1999, US$10.4 billion total investments will be needed, rising to an average of US$11 billion a year during the following three years. página anterior * 12 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Scope And Limits of Brazil’s Electricity Privatization Privatization Bottlenecks Brazilian banks Pactual, Nacional and Bozano. They outbid the equally strong Power consortium led by Chase Manhattan Bank. The final price paid for the controlling share of the company’s stock was US$370 million, which was 11.8% over the minimum price. Because it will promote competition among power generators, the Sintrel transmission system is being resisted by large, inefficient utilities, particularly CESP and Itaipu. There is also a fundamental contradiction between the compulsory purchase quotas for costly Itaipu energy, under Law 5899, enacted in 1973, and the Sintrel. Private companies will be reluctant to invest in independent production if the rules of access to Sintrel, including tariffs, are not clearly defined and guaranteed by law. The Itaipu purchase quota does not apply significantly to self production. The next federal utility to be privatized is Rio de Janeiro’s Light Servicos de Eletricidade, which is 10 times larger than Escelsa. Light’s assets and structure are undergoing evaluation. Privatization is still scheduled for 1995. However, there are doubts that a privatization of this size and complexity can be achieved this year. (See Chapter X, “A Profile of the Major Electric Utilities.”) The other main obstacle to full scale privatization of the federal system is the lack of a wider and clearer regulatory framework. State authorities are concerned that there is no broad system of laws defining private companies’ responsibilities toward the environment and addressing how public services are to be provided in complex situations, such as when a hydroelectric company has to provide both water supply and navigability, which is often the case. Private companies also fear that the government will not stay firmly behind the program and that the tariff system will wobble. (See Chapter VI, “Modernizing the Regulatory Structure.”) In practice, the private sector is entering the process on a case by case basis and hoping that as the sector becomes increasingly privatized, it will gain strength to resist politically motivated efforts to manage its affairs. Selling Off Eletrobras The four main Eletrobras subsidiaries to be privatized are gigantic companies with close to US$50 billion in total assets. In contrast to distributors Light and Escelsa, they are also active in power generation and long distance transmission. Eletronorte has US$16 billion in assets, Chesf has more than $14 billion, Furnas has $13 billion and Eletrosul has $6 billion. However, the valuations may completely change after the government splits the power generation activities from distribution and long distance transmission. The four giants were already nominally included by presidential decree in the national privatization program, but it is estimated that auctions will not start before a year’s time and that the whole process will take three years to complete. Privatization Of State Utilities According to preliminary plans, the nuclear facilities and the Itaipu partnership, established by international agreement with Paraguay, will remain under Eletrobras authority. página anterior The three largest industrial states — Sao Paulo, Minas Gerais and Rio de Janeiro — have electricity privatization plans similar to that which the * 13 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Scope And Limits of Brazil’s Electricity Privatization federal government is considering for Eletrobras. Sao Paulo’s utilities play such a key role in the national system that their privatization is considered a prerequisite for the privatization of Eletrobras subsidiaries. All three states are heavily in debt and need to privatize a substantial part of their electricity sectors to be able to invest in other kinds of development projects. billion in costs to CESP. The costs are due to corruption, overbilling and construction delays. Indications from the market are that Zylbersztajn’s US$3.5 billion estimate is too high. The government is committed to absorbing the difference, possibly by paying CESP with long term state bonds. The state would then hand over the plant to Banespa at market value, and Banespa would privatize it. Porto Primavera needs another US$1.8 billion to be completed. It has 1,800 MW installed capacity and could begin operations at the end of 1988. The Canoas complex is worth US$300 million to $400 million, and will be transferred directly to Banespa. For example, Sao Paulo state’s liabilities shot up from US$37 billion in December 1994 to US$48 billion in August 1995, of which US$14.5 billion was pure financial debt. With public servants’ salaries consuming up to 80% of the state budget, there is no way out of the crisis but to sell state property. Most state governments’ finances are afflicted with the same types of problems. Far more broad and complex is the Sao Paulo state government’s second scheme: a restructuring of the electricity sector, under which most of the state power companies, including CESP, would be privatized. Under this plan, the three Sao Paulo state holdings, (Eletropaulo, CESP and CPFL), with US$16 billion in total assets and an estimated US$12 billion in long term debt, would be “decontaminated” of their liabilities, such as overstaffing and overindebtedness, and split in into six generating companies, 13 distribution companies and one unified transmission company. Transmission would remain under state control. The smaller generation and distribution companies would theoretically have clearer operational and geographic identities and would also, in principle, be subject to privatization. Privatization of state utilities was also motivated by the federal government’s January 1995 ultimatum for 18 state concessionaires to repay an estimated US$1.75 billion in debts incurred to Eletrobras or face nonrenewal of their concessions. Most of the debts stem from nonpayment for federally generated energy in 1993. Sao Paulo’s Plan Sao Paulo is developing two separate privatization schemes. The first is the straightforward sale of a stake in CESP’s Canoas I II and Porto Primavera hydroelectric facilities, to pay part of the state debt to stateowned bank Banespa. The plants may even be sold outright to Banespa. However, the plan has problems stemming from the difference between Porto Primavera’s value, estimated at US$3.5 billion by state energy secretary David Zylbersztajn, and the plant’s accumulated US$5.9 página anterior The plan also calls for a state holding company to be created to administer state participation in the various companies, as well as to coordinate overall state participation in the electricity sector. The newly privatized companies will issue “golden shares” to be held by the state holding company. The golden share in effect grants the state veto power * 14 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Scope And Limits of Brazil’s Electricity Privatization Minas Gerais that would enable it to ensure satisfactory public service and compliance with regulations concerning public land use. In addition, the state energy regulatory agency would be upgraded. The restructuring privatization will take at least two years. First, the plan must be submitted to the state assembly, which is still expected to happen in 1995. Then there must be considerable internal reorganization. By early September 1995, there was already significant progress in trimming the employment rolls: of the 52,236 jobs in the state power sector (including state gas company Comgas, also subject to reorganization), 8,420 had been cut. Nearly 400 administrative functions were eliminated. Governor Mario Covas nominated a team of very young administrators to carry out the changes under the direction of energy secretary David Zilbersztajn, who also happens to be President Fernando Henrique Cardoso’s son in law. The state of Minas Gerais is in a privileged position, with a booming economy and only US$5.4 billion in debts. Its utility, Cemig, is one of the country’s best administered companies. Cemig has longstanding links with the private sector, and is already seeking private partnerships to develop hydro and thermoelectric facilities, to get help for the large investments needed and to improve efficiency. The state is going through a period of modernization and is developing close ties with multilateral development agencies. Though there are no plans for the outright privatization of Cemig, Minas Gerais governor Eduardo Azeredo has asked the state assembly’s permission to sell 31% of the company’s voting stock. Since the state has 84.25% of the voting stock, it will keep control of the company. Rio de Janeiro Privatization Of Individual Plants Privatization has become the core of Rio de Janeiro governor Marcelo Alencar’s strategy for the state. He is sending a proposal to the state assembly for privatization of most public services and the sale of state owned stock in most companies. He hopes to make more than US$2 billion by privatizing all large state enterprises (including the utilities), selling the state’s controlling stock in Banerj as well as the petrochemical pole, the public transport system and other public services. Partial privatization through partnerships or leasing contracts is an emergency solution devised to facilitate the completion of paralyzed plants before the electricity sector’s new format is designed and agreed upon. About US$4.2 billion in private capital is needed immediately to complete the plants already started, not including Serra da Mesa, Igarapava and Ita, which are already in the hands of private consortia. The most important plants to be privatized under the partnerships/leasing plan are: thermoelectrics J. Lacerda IV, Jacui and Candiota III and the hydroelectric Cubatao, all in the South; hydroelectrics Porto Primavera, Canoas I and II, and Miranda in the Southeast; thermoelectric Corumba I in the Central West region; hydroelectric Manso and thermoelectric Maua, both Plans call for auctions to start this year. First will be state electricity company CERJ, in a straightforward sale of the state’s 70% stake. State gas company Companhia Estadual de Gas (CEG) will also be offered to the private sector. página anterior * 15 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Scope And Limits of Brazil’s Electricity Privatization in the North. (See the complete list in Chapter IX, “Self Production and Independent Production.”) Many other projects can be developed under the partnership/leasing scheme. Cesp, for example, has given up a series of very small hydroelectric projects that could easily be taken over by private companies. DNAEE is already facilitating private partnerships in concessions for plants that are halfway to completion by extending the concession periods. página anterior * 16 * índice próxima página The Privatization of Brazil’s Electricity Sector Chapter 3 The Legal Framework for Electricity Sector Privatization página anterior próxima página índice Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Legal Framework for Electricity Sector Privatization Summary Overall planning was handled by the Electric System Coordination Group (GCSE), formed in 1982 by 11 major state concessionaires and Eletrobras subsidiaries. Tariff policies were decided by the finance minister, who still has the last word on tariff readjustments. Until recently, DNAEE automatically granted concession applications from state power companies and Eletrobras subsidiaries. Legislation affecting privatization is still fragmentary, and in many aspects contradictory. Capital return guarantees for private investors are insufficient. Specific legislation has not yet been enacted for gas distribution concessions to the private sector. Laws are also needed to regulate private sector activity in the oil industry. The new legislation responds to two needs. One is to devise regulations for Article 175 of the 1988 constitution, which requires public bidding for all public service concessions. The other is to adapt legal and regulatory activities to the partial privatization of the power sector. While the exact nature of the new legislation will depend on the balance of power among the various interest groups, the main technical and operational principles were already outlined during planning sessions held by top power officials in the mid 1980s, as it became evident that the system was nearing collapse. During the next two years, congress is expected to pass additional legislation to fill the gaps and clarify contradictions. In the meantime, companies are operating under the belief that the authorities are acting in good faith, that they simply lack the time to create a comprehensive legal framework prior to the start of the privatization process, and that the only way to proceed is to take some risks. By being participants in the system, they hope to be in a position to help improve the legislative framework. Political And Historical Background Building On Earlier Studies Brazil’s electricity legislation stems from the 1934 waters code, which holds that all rivers and bodies of water belong to the federal government and which gives priority to public use. The federal government has exclusive authority to grant concessions, through the Departamento Nacional de Aguas e Energia Eletrica (Department of Water and Electrical Energy, or DNAEE), the principal regulatory agency for electricity (see Chapter VI, “Modernizing the Regulatory Structure”). In 1987, 300 experts met for several months under the REVISE project (Revisao do Sistema Eletrico) to conduct an in-depth study. Many of the officials now overseeing sector wide changes were REVISE participants. REVISE’s final report admitted that the electricity sector was in chaos, but was still inconclusive because government companies still did not support wide ranging privatization. A committee set up by the Mining and Energy Ministry (MME) to review the energy system later submitted a report that was approved by President Fernando Collor de Mello in November 1991. This report recommended opening the power sector to private initiative, During the period of intense statism of the 1960s and 1970s, substantial planning and regulatory powers were transferred to the large government power companies, especially the federal holding company Eletrobras. página anterior * 18 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Legal Framework for Electricity Sector Privatization setting realistic tariffs, and stimulating self production and independent production of energy. The report said that in addition to financial and economic problems, the electricity sector had institutional problems liable to jeopardize supply over the long term. Most of the changes now being proposed closely follow the MME committee’s recommendations. foreign companies, and therefore fully opens the mining and electricity sectors to foreign capital. The other permits private companies to enter the gas distribution business. Another amendment expected to be passed imminently would allow private sector participation in the oil and telecommunications industries, though the exact wording and scope are still open to debate. The telecommunications legislation is relevant to the electricity sector because the fast growing cable TV market uses the electricity distribution network to set up cable systems, thus adding value to the electricity sector’s distribution grid. Meanwhile, the 1988 constitution had given congress unprecedented powers and the ultimate say on fundamental legal and policy matters (in general, not only in matters pertaining to electricity). Greatly influenced by unions, it was drafted in a spirit of mild nationalism and the restoration of citizens’ rights after a long period of military rule. Subsequently, the country’s nationalistic bent changed to a policy of open doors to foreign capital. Both President Fernando Collor de Mello, impeached in 1992, and his successor, President Fernando Henrique Cardoso, were elected under the banner of eliminating constitutional restrictions to foreign capital and reducing government intervention in the economy. Legislative Scorecard What follows is a rundown of electricity related legislation as of September 15, 1995. All articles mentioned are part of the 1988 constitution. Revising The Constitution 1)Under Articles 21 and 176, all potential sources of hydroelectricity and mineral resources belong to the nation and are considered distinct from land properties. Hydroelectric and mineral resources are eligible for concessions or permits, except for those up to 10 MW. (A permit, sometimes called an authorization, is an administrative action revocable at any time. A concession is a legal contract with all clauses and terms defined.) Only the government may grant concessions for exploitation of hydroelectric resources, set up national management systems, define criteria for granting concessions, pass water and energy related legislation, and appropriate property. However, landowners are assured a share in the profits from the exploitation of mineral resources; Though the proposed constitutional amendments and related regulations covering the electricity sector are supported by a comfortable congressional majority, the process is a slow one. Each proposed amendment needs two separate votes in both houses. Some representatives have placed conditions on the proposals in order to preserve the assets and market interests of such major government companies as Eletrobras, Telebras and Petrobras, though still allowing for some degree of competition. Two important constitutional amendments affecting the electricity sector have already been passed. One extends equal treatment to domestic and página anterior * 19 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Legal Framework for Electricity Sector Privatization generating electric power for their own use. Decree 915 is so far the only legislation that specifically targets self producers. Its main points are: 2)According to Article 23, registration and regulation of hydroelectric resources, as well as environmental protection, are a joint responsibility of the federal government, the states and the municipalities; • The consortium must register with DNAEE. Its activities and duration are restricted to the generation of energy under the specific concession or authorization granted; 3)Articles 46 and 48 delegate to congress the power to define priorities and incentives for exploitation of hydroelectric resources in order to set regional development policies. The articles also authorize congress to exploit hydroelectric resources in indian preserves; • Participants must share the energy produced in proportion to their stakes in the consortium. Excess energy may either be negotiated among the participants or sold to public service concessionaires, but it may not be offered directly to the public, even free of charge; 4)Article 175 establishes the current process of redefinition of the legal framework for the electricity sector. It requires that all concessions or permits for public services be awarded through public bidding. Before Article 175 was enacted, companies would simply request DNAEE’s permission to conduct a feasibility study and later apply for and get the concession to set up the plant and run the service. Now, even self producers will have to submit projects they have developed to a public bidding process and risk losing it to another party. • Consortia may be formed to exploit a specific concession. Members may be either various public service concessionaires or a combination of public service concessionaires and private groups. In the second case, the public service concessionaire must control the consortium. The concession may not be extended past the original term granted, and the federal government is entitled to ask for possession (reversao) of the assets at the end of the concession; • The consortium is permitted to use transmission lines belonging to state companies, with proper payment. Tariff Breakthrough In March 1993, congress passed Law 8631, which abolished the national equalized tariffs and introduced cost related tariffs. The law also allowed for an immediate rise in tariffs, then at a historical low. Detailed regulations on how to define cost related tariffs were issued at the same time, in Decree 774 (see Chapter VII, “How the Tariff System Is Structured.”) Bringing Paralyzed Plants Back To Life Decree 915 was designed specifically to allow private groups to revive some of the hydroelectric plants whose construction was paralyzed when the concessionaires (state power companies) turned out to lack the financing to complete them. The state companies resisted the measure and demanded an additional provision giving them veto power over a consortium’s application to DNAEE. However, the provision was overruled by the federal government. Private Producers Authorized In September 1993, then-President Itamar Franco issued Decree 915, which authorized formation of consortia by companies interested in página anterior * 20 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Legal Framework for Electricity Sector Privatization Thus far, three paralyzed power projects have been taken over by consortia under Decree 915. But there are still doubts as to whether the action was legal, because Article 175 of the constitution requires a public bidding process. The original concessions were granted well before the new constitution was passed, but their transfer took place afterwards. Five other half completed projects are on offer. (See Chapter IX, “Self Production and Independent Production.”) service is provided free of charge — the premium to be paid to the granting authority. A combination of the two criteria may be applied as well. At the same time the concessions law was passed, President Fernando Henrique Cardoso issued a presidential decree canceling 33 power plant concessions, of which 29 were overdue and four were paralyzed, as well as all concessions granted to Itaipu at the Tocantins River, downstream to the Serra da Mesa hydroelectric plant. Most canceled concessions were either small projects or only preliminary studies. The state concessionaires resisted giving up their major concessions, and during the bargaining were granted 20 year extensions, which will give them the power to negotiate associations with private consortia. But the state concessionaires were also given an ultimatum to resume work on paralyzed plants or offer an alternative solution, such as a package including a consortium of private companies. If they do not comply, their concessions will be canceled. Key Features of the Concessions Law In February 1995, congress passed the major piece of legislation allowing private participation in public services: the Lei das Concessoes, or Concessions Law 8987, which regulates Article 175. The law is a so called “Lei Quadro,” or framework law, laying out the principles governing public services concessions, regardless of the nature of the service or its sphere (national, state or municipal). It sets forth the concessionaire’s rights and obligations, the general procedures for granting and regulating concessions, and the items that must be included in the concession contract. It reiterates that all public service concessions or permits must be submitted to public bidding, that the concessions must be formalized by a contract specifying the winning tariff, and that tariffs are subject to revision whenever it is necessary to maintain the concession’s financial economic equilibrium. The law makes mandatory the return of all reversible assets to the government at the end of the concession term, but with due indemnization to the concessionaire for assets not fully amortized. Concessions Regulations Passed In July 1995, congress passed Law 9074, which specifically regulates electricity sector concessions. Law 9074 is today the principal law governing the electricity sector. It shattered the sector to an extent still not fully digested. The law’s main aims were to introduce competition into the system and at the same time stimulate immediate expansion by means of private capital. It accomplished its goals by defining independent energy producers, opening space for them to operate and to use the national grid, and allowing consumers to shift from one supplier to another. The main points of Law 9074 are: The main criteria for granting public service concessions will be either the tariff to be charged or — in the case of radio concessions, in which the página anterior •All hydroelectric projects above 1 MW for public service or above 10 MW for self production must be granted through public bidding; * 21 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Legal Framework for Electricity Sector Privatization suggests that realistic tariffs are still not fully guaranteed. The article says that concessionaires can offer future revenue as a guarantee for financing, but not if governmental financing institutions are involved, in which case additional guarantees are required. (See Chapter VII, “How the Tariff System Is Structured.”) Both self producers and independent producers claim that the article limits their capacity to raise financing, in addition to creating suspicion regarding tariffs. •Concessions for thermoelectric plants above 5 MW must be submitted for public bidding; for self producers the limit is 10 MW; •The government may charge for the granting of the concession; •Large consumers of energy (above 10 MW and 69 KV) are allowed to shift suppliers. After three years, the limit is lowered to 3MW, 69 KV; it may be further reduced after eight years. Consumers denied supply by their regular suppliers may shift suppliers as well. Self producers are still hoping to get improved treatment. They will probably press for higher limits on concessions, say to 50 MW or 100 MW, before they must be submitted to public bidding. DNAEE has received 66 applications for authorizations to run self producing units, totalling 4,700 MW and US$4.5 billion in investments. Most range from 50 MW to 100 MW. Companies claim that the national grid system (Sintrel) is late in defining a pricing policy for the grid’s use. Meanwhile, Sintrel is still in the making, because a few major concessionaires still have not joined, thus delaying the establishment of a pricing policy. Preliminary information indicates that the energy transportation price will vary from R$1.25 to R$5.48 per MWh, depending on distance, frequency and period of usage. Constitutional Challenge Setback For Self Producers Law 9074 may be unconstitutional on several grounds: Law 9074 came as a defeat for self producers of energy on two main points: 1) requiring them to submit their own projects to a public bidding process; and 2) the lack of definition in case of rationing of energy. The bidding requirement will force them to disclose feasibility studies to potential competitors. The actual process will force them to pay for the concession, raising the cost of energy, as compared to the present situation in which they use the natural resource without paying any royalties. In the event energy rationing, it is not clear whether they will be obliged to participate in the rationing. •It allows concessions to be transferred to private initiative along with transfer of the controlling stock — in the case of privatizations, for example. Legal experts say that prior to any stock transfer, there must be public bidding for the concession itself; •It allows self producers to request appropriation of land (Article 10). Experts say land may be appropriated only for public service purposes, which does not include self production. Landowners are allowed to mount court challenges to appropriations’ claims; •It does not define criteria — or circumstances — for which types of hydroelectric projects should be destined for public use or private use (self production); Would be independent producers claim that Article 28 of the law página anterior * 22 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Legal Framework for Electricity Sector Privatization Law 8987, February 13, 1995: Public Service Concessions •It requires each new section of a transmission grid to be allocated through a public bidding process, which defies the integrated nature of transmission grids. Law 9074, July 7, 1995: Power Sector Concessions Environmental Protection New environmental protection guidelines were set by Eletrobras’ 1991 93 Environmental Master Plan. At the same time, a Committee for the Coordination of Environmental Protection Activities (COMASE) was formed by officials of DNAEE, Eletrobras and the major concessionaires to support and revise the master plan. The new policy is to demand stricter obedience to environmental protection requirements and to incorporate a wider range of social and environmental concerns, including cultural concerns. All projects are required to submit an Environmental Impact Report (Relatorio de Impacto Ambiental, or RIMA) to state authorities as part of the application process. Monitoring of projects during construction has been lax and will probably be strengthened. (See Chapter VI, “Modernizing the Regulatory Structure.”) Summary Of Principal Electricity Related Laws Decree 24643, July 10, 1934 Waters Code 1988 Constitution, Articles 21, 23, 46, 48, 175, 176 Law 8631, February 25, 1993: Tariffs Decree 774, March 18, 1993: Tariffs página anterior * 23 * índice próxima página The Privatization of Brazil’s Electricity Sector Chapter 4 The Electricity Market and Eletrobras’ Plan 2015 página anterior próxima página índice Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Electricity Market and Eletrobras’ Plan 2015 Summary The Power Inventory Under the most likely scenario spelled out in Eletrobras’ 20-year plan (1995-2015), average yearly GDP growth will be 5.2%, and annual electricity production will have to treble to 730 TWh by the year 2015 to keep pace with this growth. Even if economic recession were to set in, Brazil would have to double its available electricity within the next two decades to more than 560 TWh a year. Plan 2015 emphasizes continued overwhelming reliance on hydroelectricity. DNAEE’s most recent official survey of plants with capacity of more than 10 MW was completed in February 1995. The survey revealed 104 operating hydroelectric plants, including the Itaipu Binacional facility. Also included were 39 thermoelectric plants, plus the country’s only operating nuclear plant, 657 MW Angra I. Under current expansion plans, hydroelectric potential that would cost approximately US$40/MWh is being explored. The proportion of thermoelectric power has been boosted to 30% of the projected 18,401 MW added capacity, or 5,515 MW. (See Chapter VIII, “The Thermoelectricity Option.”) Southeastern Brazil, where the bulk of the country’s industry is located, is in the most urgent need for new capacity. There is some concern that shortages will start to show up in this area in 1997. Brazil has 17,963 MW of firm hydroelectric capacity that could be tapped at a cost of US$50.00/MWh. Plan 2015 suggests that hydroelectricity remain the principal source of power until the price reaches US$70/KWh. Thermoelectricity would be used only as a transitional technological bridge until 2015. Total hydroelectric potential, cost notwithstanding, is approximately 97,500 MW firm capacity, half of which is in the Amazon, 31% in the Southeast/West Central region, 14% in the South, and only 5% in the Northeast. The Hydroelectricity Bias More than 38% of the energy produced in Brazil is electricity, 93% of which comes from hydroelectric plants. Hydroelectricity will remain the country’s main source of energy. This was confirmed under two scenarios outlined by a government committee set up in 1990 to review the structure of energy production. One scenario assumed no major policy changes. The other involved measures that would conserve energy and correct energy price distortions. Power authorities are now tentatively pursuing the second strategy. Under both scenarios, hydropower is to provide 32.8% of primary energy by the year 2010. Thus, both pricing policies and expansion plans are dominated by the economics of hydroelectricity. página anterior When measured by installed capacity, hydroelectricity is even more dominant. Total installed capacity reached 58,686 MW at this writing, including 6,300 MW produced by Brazil’s half of the Itaipu Binacional. Only 3,245 MW of total installed capacity comes from thermoelectric plants, and 657 MW comes from nuclear powered Angra I. Up to 99% of installed capacity from plants over 10 MW is destined for public sector use, while only 1% cent goes to exclusive use. * 25 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Electricity Market and Eletrobras’ Plan 2015 The Electricity Markets EXISTING CAPACITY Brazil has three separate electricity markets: the Northwest, the Northeast and the Southeast/Central West. (DNAEE Concessions and Authorizations over 10 MW) February 1995 The Northwest. The sparsely populated but fast growing Northwest comprises the western part of northern Brazil including the states of Amazon, Roraima, Acre and Rondonia. In this huge geographic area, electricity consumption totals only 559 KWh/per capita, about a third of the national average. The electricity supply system is only partially integrated. Most systems are isolated from one another and only reach neighboring areas. Number ofAuthorized PlantsCapacity (MW) Operating hydroelectrics104*54,784 Operating thermoelectrics 393,245 Nuclear plant1657 The North’s installed capacity is 5,734 MW, including oil fueled thermal plants. Total consumption reached 11,506 GWh in 1994, just under 5% of national consumption. The projected 230 Kv 1059 km Tucurui Altamira Santarem transmission line that would link the Northern and Northeastern systems will not be economically viable before the year 2000. But the gas fields of Urucu, along with the power that will be available with the completion of Tucurui II (2,300 MW) and the Samuel hydroelectric facility will create sufficient supply for big northern cities until the year 2010. Total capacity58,686 PROJECTED ADDITIONAL CAPACITY Hydros in expansion plan 42 18,401 Thermos in expansion plan 12 5,515 Second nuclear plant11,350 Concessions granted by DNAEE, but not included in Eletrobras2011,893 expansion plans (Hydros only) In the Amazon area, there is room for many small thermoelectric plants to be fueled by Urucu gas, especially in locations that are not along the routes of the proposed Tucurui Santarem transmission line or any other line proposed for the region. Eletronorte, the major state concessionaire in the area, is already studying the possibility of building small gas fueled thermoelectric plants along the rivers of the Amazon basin. *Includes half of Itaipu capacity. Source: DNAEE report on concessions, February 1995. The Northeast System. This is an integrated system providing 36,900 página anterior * 26 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Electricity Market and Eletrobras’ Plan 2015 GWh of electricity in 1994, or about 15.6% of national consumption. Installed capacity is 8,360 MW. The Northeast system is neither linked to the major southern systems nor to the Northwest area. But it supplies energy to the East Amazon states of Para and Tocantins, thus allying them with the Northeast system rather than the Northern (Amazon) region. The major sources of electricity in the Northeast are rivers that travel a considerable distance from the south: the Sao Francisco and the Tocantins Araguaia. additional capacity, fueled by coal. In Sao Paulo, gas from the Bolivia Brazil pipeline could be used to generate electricity, assuming the obstacles to building the pipeline are overcome. Bolivian gas will almost certainly be used in Mato Grosso. In Minas Gerais, the best technical solution is to fuel thermoplants with imported coal. (See Chapter VIII, “The Thermoelectricity Option.”) The areas most vulnerable to energy shortages are the states of Espirito Santo and Santa Catarina. Eletrobras estimates that if the economy expands more than 6%, stress on the transmission lines to Santa Catarina and Espirito Santo could result. Otherwise the system is expected to hold up, because hydrological conditions have been favorable in the Southeast. Following the construction of Xingo’s 500 MW second turbine in May 1995, and given the construction of the Serra da Mesa hydroelectric plant, which will control the flow of the Tocantins River and increase the Tucurui transmission line’s firm capacity limit, the Northeast will be well supplied with electricity until the year 2000. But the region is regularly stricken by droughts and lacks large local sources of hydroelectricity. In 1995 the Northeast’s major reservoirs went down to some 55% of capacity. After the turn of the century, it will make sense to build a large thermoelectric plant in the area. ENERGY MARKET (1994) North Northeast Center/WSoutheast South (GWh)11,506 36,900 10,854 141,561 34,599 235,420 Share 4.8% 15.7% 4.6% 60.1% 14.7%100.0% The Southeast, Central West And South Systems. This is Brazil’s major integrated system, distributing 187,014 GWh of electricity in 1994, or 79.4% of the total national supply. As of December 1994, it had 33,722 MW installed capacity. Most of Brazil’s industry is concentrated in the Southeast, which is under considerable stress from delays in completion of power plants. Most large scale potential in the area has already been tapped, but there are many small and medium sized sources to be developed in Minas Gerais. Installed Capacity (MW) 5,734 8,360 5,80224,8518,00152,748 Source: Eletrobras The Southeast will soon need supplementary thermoelectric energy. In the extreme south, plans call for installation of some 4,900 MW of página anterior Total * 27 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Electricity Market and Eletrobras’ Plan 2015 The Demand Side for efficiency gains in energy production. These are estimated to produce savings ranging from 63.9 TWh a year in 2015, under scenario I, to 123.7 TWh a year under scenario IV. Brazil produced 245,593 GWh in 1994, 3.2% more than in 1993, while total consumption reached 235,420 GWh. Available energy totalled 277,937 GWh, or 4.5% more than in 1993, due to favorable hydrological conditions. But this comfortable margin was reduced during the first half of 1995, when demand went up by 4.2%. Demand expansion is now led by residential consumption, but industry still takes about half of all supply, as is shown in the table below. ENERGY SCENARIOS OF PLAN 2015 Total Energy Demand (TWh) Scenario 19952000200520102015 CONSUMPTION BY SECTOR (1994) Industry47.4% Residential 24.8% Commercial 12.8% Government 11.5% Farms3.5% I II III IV 246.2293.8384.0467.2563.0 250.9329.5340.6523.9631.3 273.7360.7473.2589.7731.4 273.7377.6495.4642.6826.4 Source: Eletrobras Plan 2015 The government originally took Scenario II as the base for its Ten Year Development Plan (1995-2005) for the energy sector. It assumed a very slow rate of economic recovery, with average GDP growth of 4% during the period. But now Scenario III looks to be closer to reality and more suitable as a tool for future planning. Energy Secretary Peter Greiner has said he wants to use Scenario III as the base for the power sector. The parameters are as follows: Source: Eletrobras Eletrobras’ Scenarios All four scenarios of Plan 2015 call attention to Brazil’s need to substantially increase generating capacity during the next 20 years. Average GDP growth predictions range from 3.3% a year (Scenario I) to 5.8% (Scenario IV). Electricity demand would vary from 563.0 TWh a year by the year 2015, under Scenario I, to as much as 826.4 TWh a year under Scenario IV. The figures include self supply. The projections allow página anterior * 28 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Electricity Market and Eletrobras’ Plan 2015 Scenario III calls for additional capacity of 26,400 MW installed between 1995 and 2002, of which 12,000 MW are power plants already underway. Investments needed are on the order of US$7-9 billion a year between 1995 and 1998, rising to an average of US$11 billion a year afterwards. Scenario III GDP (By 2015) US$ 1.124.5 billion Per capita GDP US$ 5,390.0 Per capita consumption KWh/year 3,270.00 Number of consumers 59.9 million Electricity demand by 2015 731.4 TWh Residential26.8% Commercial12.1% Industrial47.8% 0ther13.3% Year 19951996199719981999200020012002 Capacity (MW 64.265.967.472.377.181.085.2 90.6) Investments (US$ bn) 7.66.69.09.610.4 11.211.7 12.5 Regional participation (consumption) Source: Eletrobras North8.6% Northeast21.6% Southeast48.2% South15.6% Central/West6.6% GDP growth rate/year 5.20% Electricity demand rate of growth/year 5.10% Elasticity GDP/Electricity demand 0.98 Electric intensity (KWh/US$) 0.65 Will There Be A Shortage? There is considerable debate over whether Brazil will face an energy shortage in the next few years. Despite the extraordinary increases in demand during the first year of the Real stabilization plan, hydrological conditions were favorable and there were no energy shortages. But the medium term presents an uncertain picture. If GDP expands more than 6% p.a., there could be stress upon the transmission lines to the states of Santa Catarina and Espirito Santo. Energy Secretary Peter Greiner believes a shortage is likely beginning in 1997, as do large scale consumers. Rates of growth of electric energy demand by region (%/YEAR) 1995-2000 2000-2005 2005-20102010-2015 North 8.4% 8.4% 6.7%5.9% Northeast 6.8% 7.0% 5.4%5.2% Southeast 4.9% 4.4% 3.5%3.4% South 5.5% 6.3% 5.1%4.9% Central/West7.9% 7.2% 6.7% 6.1% Total 5.7% 5.6% CAPACITY AND INVESTMENTS NEEDED TO MEET SCENARIO III But others disagree. They point out Brazil’s energy supply system is designed to meet peak demand. An energy shortage would occur only with the combination of insufficient rain, excess demand and lack of investment. Moreover, investments are being resumed, albeit later than desirable. 4.5%4.4% Source: Eletrobras Plan 2015 página anterior * 29 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Electricity Market and Eletrobras’ Plan 2015 Only the Southeast appears significantly at risk. However, the region’s reservoirs presently have sufficient water, and in the extreme South, reservoirs are filled to the top, following a late heavy rainy season. The view of top power sector officials is that if the present projects go ahead, there will be no energy shortage. Northeast and Southeast systems, and the Southeast system with those of neighboring countries: Argentina, Uruguay and Bolivia. Besides the Itaipu joint plant with Paraguay, the only important connections thus far between Brazil and its neighbors are the 70 MW standby Foz do Iguacu Acaray line (Paraguay) and a 30 MW Uruguayana Paso de Los Libres line (Uruguay). Because Brazil’s system operates at 60 Hz while its neighbors operate at 50 Hz, the international links need a conversion system. New technologies have now made conversion less costly. Electricity requirements in the year 2015, by sub-systems Under Scenario III of Plan 2015 MWh/year A proposed link between the Northeast system and the South has gained considerable importance since the resumption of construction on the Serra da Mesa hydroelectric plant, near Brasilia. The rainy seasons in the North and the South alternate, so both areas stand to gain. Eletrobras plans to connect the two systems in Brasilia. One line under study would go northeast to Imperatriz; the other would go north to Tucurui. Both would be about 1,500 km long and cost around US$1 billion. 1) South 113,500 2) Southeast + Central/West 407,500 3) Northeast + Maranhao 116,670 4) Tocantins Total2,319 5) Greater Belem + Greater Sao Luiz + North Para + Tocantins 17,700 6) Sao Felis + Xingu 43 7) Altamira + Senator Porfirio 330 8) Jacareacanga 19 9) Santarem + Itaituba 1,500 10) Acre + Rondonia + Amazonas Left 8,910 11) Roraina + Anapa + Elnorte + Manaus + Amazon left 13,970 12) Greater Belem 28,482 13) Greater Sao Luiz 30,610 The following connections with neighboring countries are possible: Argentina • Upgrading the connection between Uruguayana, Brazil, and Paso de los Libres, Argentina, from 50 to 450 MW, and later to 1,000 MW; • Two conversion units of 450 MW each at the 1,600 MW Garabi hydroelectric plant in Argentina, whose construction is slated to begin around 2001; Source: Eletrobras Plan 2015. Integrating National And International Grid Connections • A 50 MW connection between Sao Borja, Brazil, and Santo Tome, Argentina. The next expansion stage of Brazil’s electric power system will almost certainly emphasize improvement in grid connections, by linking the página anterior * 30 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The Electricity Market and Eletrobras’ Plan 2015 Uruguay • Construction of a 500 KV line between the Candiota thermoelectric plant in Rio Grande do Sul and the Uruguayan system, to allow joint Brazilian Uruguayan development of the Candiota coal mines; • A 350 MW line between Presidente Medici in Brazil and San Carlos in Uruguay. Venezuela • A 600 KM, 500 KV line that would carry excess energy from Venezuela’s Guri hydroelectric facility to Boa Vista, Brazil. The line could be extended an additional 800 km to Manaus. página anterior * 31 * índice próxima página The Privatization of Brazil’s Electricity Sector Chapter 5 Key political players página anterior próxima página índice Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Private key political players Summary The PFL and Brazil’s major building contractors have long shared a strong affinity that now gives the contractors both a practical and legal advantage in the current reshaping of the electricity sector. Some of the country’s major building companies are based in Bahia, which is Magalhaes’ political stronghold. Building contractors also have been the major source of financing for political campaigns in Brazil. Not surprisingly, the contractors are strongly tied to hydroelectric power, thus tending to reinforce the “hydroelectric culture” that prevails. Possibly no sector in Brazil is as firmly under the control of a political party as is the electricity sector under the Liberal Front Party (Partido da Frente Liberal, or PFL). Companies involved in power development might, therefore, wish to understand the dynamics of PFL leadership and its strong connections to the local construction industry. The PFL was able to consolidate its control over the electricity sector after President Fernando Henrique Cardoso took office, because the PFL became the main supporting party of the ruling coalition in congress. The other wing of the ruling coalition is President Cardoso’s Brazilian Social Democrat Party, or PSDB). It also has a strong hand in power issues because it controls the governor’s office in three key states: Sao Paulo, Rio de Janeiro and Minas Gerais. But it is the PFL that really controls the power apparatus at the federal level. The major building contractors based in Bahia are led by Odebrecht, Brazil’s second largest construction firm. Odebrecht has close ties to Senator Josaphat Marinho, who is a “carlista,” as the followers of Antonio Carlos Magalhaes are called. Other important firms are OAS, headed by Cesar Mata Pires, son‑in‑law of Antonio Carlos Magalhaes; Construtora Suarez, belonging to Carlos Suarez, who is also a partner in OAS; and the smaller CEPEL, which was directed by former PFL deputy Manuel Tanajura. PFL politicians now in high‑level electricity‑related posts include Mining and Energy Minister Raimundo Brito; Minister for Environment and Water Resources Gustavo Krause, once the mayor of Salvador, Bahia; and National Secretary of Energy Peter Greiner. Greiner, 54, is overseeing the electricity sector restructuring. The PFL Profile The PFL is Brazil’s largest conservative party. Its undisputed leader is former Bahia governor and now federal senator Antonio Carlos Magalhaes, who is considered one of Brazil’s most powerful and resourceful politicians. He is the ruling coalition’s mastermind. The party’s electricity expert is Eliseu Resende, presently a federal deputy for the PFL. Resende was governor of Minas Gerais and finance minister for a brief period in the early 1990s. He is now chairman of the mining and energy committee of the chamber of deputies. Most of the changes now being introduced were designed by him. página anterior The new chairman of Eletrobras, 47‑year‑old Antonio Jose Imbassahy, is a PFL politician who had also been elected governor of Bahia with the support of Antonio Carlos Magalhaes, to whom he is closely linked. Brazil’s new attorney general, who plays a key role in making sure the changes proposed for the sector are legal and that the public biddings are conducted properly, is 46‑year‑old Geraldo Brindeiro of Pernambuco. He * 33 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Private key political players is a cousin of vice president Marco Maciel, one of the main leaders of the PFL. Maciel himself occupies a central position in the administration as the president’s troubleshooter. The rapporteur of the main laws affecting private sector involvement in power concessions is the PFL federal deputy from Bahia, Jose Carlos Aleluia Costa. He sits on the mining and energy committee. Aleluia Costa is also closely linked to Antonio Carlos Magalhaes. Finally, several regional posts in the mining and energy ministry were given to PFL politicians or their proteges. One example is Guido Ruckl, named to the Santa Catarina office. Special Syndicated Intelligence Report: The Privatization of Brazil’s Electricity Sector Copyright ©1995 Latin American Information Services, Inc. página anterior * 34 * índice próxima página The Privatization of Brazil’s Electricity Sector Chapter 6 Modernizing the regulatory structure página anterior próxima página índice Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Modernizing the regulatory structure Summary power sector; and 4) setting and reviewing tariffs. Besides the twovolume, 600page national waters code, DNAEE has another two volumes of its own regulations, called portarias. Power companies constantly await new DNAEE portarias. To cope with privatization, the Mining and Energy Ministry (MME) is preparing to substantially strengthen the government’s regulatory powers by strengthening the main regulatory agency, the Departamento de Aguas e Energia Eletrica (National Department of Water and Electric Energy, or DNAEE). The federal environmental protection agency, Instituto Brasileiro de Meio Ambiente e dos Recursos Naturais Renovaveis (Brazilian Institute for the Environment and Renewable Natural Resources, or IBAMA), will also be strengthened. An energy conservation programs is in existence, but it has no organic relation to the DNAEE. Some regulatory proceedings will be delegated to state agencies that have yet to be created. DNAEE will have to design entirely new procedures. But skeptical officials do not believe DNAEE will ever be independent of the large government power companies. Scant Resources for DNAEE In practice DNAEE lacks the personnel, expertise and power to exercise its regulatory duties under the law. Most of its portarias are written elsewhere, by the very power companies it is supposed to regulate. Over time it has been reduced to rubberstamping the finance minister’s decisions on tariffs, the mining and energy minister’s decisions on concessions, and Eletrobras’ and state utilities’ decisions on most matters concerning energy. DNAEE has only 30 officials of its own. Under the Collor administration, the agency’s 12 regional offices were closed. To be able to carry out its duties, it borrowed 120 officials from the power companies it was supposed to regulate and another 100 from MME’s mining and prospecting company, CPRM. DNAEE lacks the analysts and other experts needed to prepare the public tender notices that the new laws require for each concession. Accordingly, corruption at DNAEE has been negligible, in proportion to its powers. In the past, concessions were abruptly canceled or changed due to direct interference of state governors or local power companies. Modernizing the regulatory framework for gas is even more problematic. The federal agencies that regulate natural gas and oilbased fuels are either ridden with corruption or under the direct control of Petrobras, which stoutly resists any invasion of its territory. Historical Background DNAEE was created as a department of the Mining and Energy Ministry to implement the 1934 national waters code. It has authority over all the nation’s water resources, with the specific tasks of 1) granting or revoking authorizations and concessions for studies or use of public water resources; 2) regulating concessionary companies; 3) issuing regulations for the página anterior * 36 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Modernizing the regulatory structure A New Independent Regulatory Agency for setting up consumer councils and seeing that the concession rules are enforced will almost certainly be transferred to state agencies. Also, the entire concession process for small plants — up to 10 MW — will probably be transferred to the state agencies. But DNAEE will retain the ultimate say and the power to intervene in cases of abuse. The government is proposing to substantially strengthen DNAEE by transforming it this year either into an autarquia, the most common type of independent public agency in Brazil, or into an altogether new kind of regulatory agency, which would serve as a model for other areas of administration. Based on a preliminary study, the latter type will be chosen. It would have a staff of about 400. The details of how the new type of regulatory agency would operate are in a proposal to be submitted to congress soon by Administration Reform Minister Bresser Pereira. In comparison with the autarquia, the new type of agency would have more freedom to hire and fire personnel and to charge for its services. Its chairman would be nominated by the president for a defined term. The main effects of the decentralization of regulatory powers will probably be to strengthen regional politicians’ and state governors’ influence on the power sector, as well as that of the state power companies. There is also risk of outandout corruption, because — as opposed to DNAEE — existing departments of water resources in some states have been marked by high incidences of corruption. The decentralization system, as well as the apportioning of the various tasks, will be defined around the beginning of 1996. The strengthened DNAEE might include a consultative or arbitration council, with authority to review decisions after appeals by the interested parties. The same model would be extended to the IBAMA, which would charge for both regulation and granting of concessions. The authorities aim to simplify proceedings by eliminating red tape, and to strengthen the mechanisms for protecting the public interest, such as consumers rights and environmental protection. Call For Consultants To help shape the new system and to cope with the already increasing workload, DNAEE has begun four public tender proceedings to contract consulting companies. One company will provide the methodology for evaluating power projects from the engineering standpoint (electrical, mechanical and construction), another will provide economic and financial evaluation methods, the third will provide evaluation methods for conservation and efficiency of energy supply and distribution systems, and the fourth will provide an institutional and public relations framework. A Role For The States Instead of restoring regional offices, DNAEE will delegate some of its regulatory powers to state authorities. A protocol to draft the new system was signed in August 1995 between DNAEE and all state energy secretaries. States will have to create the agencies. The responsibility página anterior * 37 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Modernizing the regulatory structure Environmental Protection no proper national guidelines for the use of gas on the scale that is now being proposed. A further complication is that the distribution of natural gas and related regulations are currently handled by the states. Because gas pipelines and distribution systems tend to cross state borders, there will have to be a national system of norms and guidelines. (See Chapter, The Thermoelectricity Option.”) IBAMA has authority to issue national environmental protection regulations and to grant clearance for projects in areas under federal jurisdiction, such as national parks or indian preserves. Otherwise, the clearance is given by state authorities. All projects must receive environmental protection clearance. The regulations are set at the state level, but standardized by a national environment council. The regulatory agency for gas (equivalent to the electricity sector’s DNAEE) is the Departamento Nacional de Combustiveis (National Fuels Department, or DNC). However, the agency has no power against Petrobras. Its bureaucratic structure is almost exclusively devoted to the domestic liquefied gas market, which is cartelized among half a dozen private companies and is also facing various accusations of corruption. Liquefied gas, distributed door to door in small pressurized vessels, is Brazil’s main domestic cooking fuel. The DNC itself has been under congressional scrutiny following suspicions of corruption. IBAMA is a new agency, active in minor issues, and impotent regarding the big interests that affect the environment. But it now being run by a very active young politician, 43yearold Raul Jungman, a member of the communist party, now renamed the Partido Popular Socialista (PPS). Under his direction, IBAMA is contracting hundreds of lawyers on a freelance basis, to proceed with some 150,000 legal actions against companies accused of violating the environmental protection code. (One so accused is the federal power generator Chesf.) The government may soon introduce the “Green Stamp,” which will require full environmental protection criteria to be met before any project can be cleared by any government agency. Outlook For The Regulatory Reform Some top officials are skeptical of whether DNAEE will get real regulatory powers. The issue is not administrative, but political. In the past, DNAEE had no real authority because the power system was run as a statecompany cartel only limited by a few government policies, in particular those concerning foreign indebtedness and tariffs. Strengthening and modernizing DNAEE is not difficult in and of itself. It is also an objective need of the privatization process. But the recasting of DNAEE will have to reflect real changes in the system’s ownership. The Gas Regulation Bottleneck The lack of regulations and modern regulatory agencies is the main obstacle to the privatization of the natural gas industry. Gas production and imports have been a Petrobras monopoly since 1954. The company took over regulatory and planning functions as though they were an internal company concern, rather than a national concern. Thus, there are página anterior If the state companies retain hegemonic control of the transmission * 38 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Modernizing the regulatory structure system, they and not DNAEE will set transmission tariffs, in the manner of any conventional cartel. Presently, tariff policies are set by the cartelstyled joint managerial committee (Comite de Gestao Empresarial do Setor Eletrico, or COGE), created by the 54 large state power companies and by a forum of the state energy secretaries. There is likely to be a long transitional period during which the private sector will have minority status and competition will be limited. The Energy Conservation Program The energy conservation program (Programa de Conservacao Eletrica, or PROCEL) was created by the federal government in the mid 1980s, as a direct result of the second oil crisis. But PROCEL has proceeded slowly. Since its inception, the program has invested only US$24 million, mostly in measurement equipment designed to impede energy theft. To date, the program has saved some 295 GWh of energy per year, equivalent to an installed capacity of 60 MW. PROCEL aims to achieve savings of 105 TWh/year by the year 2015 under Plan 2015’s Scenario III, which would equal 14% of projected demand. Loss of energy due to theft and other (technical) reasons now amounts to 13% of the market. The aim is to reduce such losses to 7% by the year 2015. página anterior * 39 * índice próxima página The Privatization of Brazil’s Electricity Sector Chapter 7 How the tariff system is structured página anterior próxima página índice Bernardo Kucinski The Privatization of Brazil’s Electricity Sector How the tariff system is structured Summary with higher costs — mostly in the Northeast — were compensated for the difference between the guaranteed return and the actual return through a compensation account known as Contas de Resultados a Compensar (CRC). Some of the earnings of companies whose costs were lower (mostly in the South) were debited to this account. The policy eventually led to an accumulation of credits and debts between Eletrobras and the various companies that were never paid. To pave the way for the financial reorganization of the electricity sector, a new tariff law was introduced in 1993. The law eliminated the national equalized tariff and gave concessionaires responsibility for calculating their own tariffs, according to a formula that set out defined parameters. The law also established a mechanism to periodically revise tariffs. New concessionaires must set forth their tariffs in their concession contracts. The national equalized tariff itself fell from an average of US$83/MWh in the 1970s to US$65/MWh in the 1980s, plunging as low as US$46/ MWh on the eve of the 1993 changes. Return on capital declined in the 1970s from the statutory maximum of 12% to the statutory minimum of 10% and then to 8% in 1988. At that point, a tariff recovery plan was negotiated with the World Bank, which has been traditionally very involved in Brazil’s electricity sector. The plan was never implemented and the sector lost all creditworthiness. With debts piling up, return on capital for government companies plummeted to a negative 4% in 1991. But concern lingers that the new law does not provide sufficient guarantees, especially against interference from economic stabilization packages. Such packages have become regular instruments of economic policy in Brazil, suppressing or violating legal contracts for long periods of time. These packages are considered legitimate government acts taken in the national interest by the courts. The last package, the Real Plan, gave the finance minister exclusive power to determine tariffs, which were then frozen for more than a year, despite monthly inflation ranging from 2% to 3%. Another source of concern is the absence of comprehensive legislation concerning charges for use of transmission lines by independent producers. In early 1993, after intense debate within the electricity sector technocracy, it was decided to discontinue the national equalized tariff and institute a policy of aggressive “tariff recovery.” The CRC’s balance was zeroed out by offsetting companies’ credits against debt that had become junk claims nobody believed would be paid. An estimated US$25 billion in debts were canceled or absorbed by the national treasury. Tariffs were immediately revised up from a low of US$35$40/MWh (weighted average) to US$60/MWh, very close to the World Bank recommended tariff of US$67/MWh. Historical And Political Background The chief cause of disarray in the electricity sector is the slashing of tariffs to fight inflation. DNAEE’s traditional formula for determining tariffs was based on Articles 178 and 180 of the waters code, which stipulated that tariffs must cover the cost of providing the service plus a guaranteed return ranging from 10% to 12% of invested capital. But a national equalization policy for tariffs was introduced in 1974, under which utilities página anterior * 41 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector How the tariff system is structured The New Structure because the rate of return is guaranteed and therefore fixed. (Profits can only be increased if capital invested is increased to increase the supply, for example.) But to the extent that largescale consumers shift from one supplier to another some longterm productivity gains may result. Law 8631, enacted on March 4, 1993, revolutionized the tariff system by: 1) eliminating the principle of the national equalized tariff; 2) eliminating the compensation account (CRC); 3) transferring to the companies the task of submitting their tariff proposals to DNAEE, rather than the other way around; 4) giving companies liberty both to set special tariffs for specific classes of customers or specific seasons, and to sign supply contracts with other concessionaires; 5) introducing the concept of marginal cost per specific unit, instead of average national marginal cost. Average tariffs and share of energy by classes of consumer 1994 TariffEnergy Share US$/MWh (%) Each utility calculates the proper rate, according to a formula detailed by Decree 774 (March 18, 1993), and submits it to DNAEE. The formulas’ parameters, particularly those pertaining to marginal capital costs, were determined after a national independent costs audit was carried out encompassing all the utilities. The formula aims to assure the 10% to 12% statutory return on capital determined by the old waters code, as well as the waters code’s principle of maintaining the utility’s economic and financial stability at all times. The parametric formula also includes the set price of electricity purchased from Itaipu, which is compulsory for some companies, or the price of electricity bought elsewhere. It also includes a formula for the reversion of assets to the federal government after 30 years for hydroelectric plants and after 20 years for thermoelectric plants. Provisions for payment of dividends, the cost of debt service, and the costs of running the services are also included. Industrial47.6949.8 Residential77.4224.0 Commercial91.2011.9 Others55.9414.4 Weighted average: US$ 61.23/KWh Sources: Tariff information is cited in “Electric Power in Brazil,” report by J.P. Morgan, July 1995. Energy share is in Eletrobras Plan 2015. Selfproducers are excluded. The “Others” category includes rural and government supply. Application Process The new policy aims to restore the system to financial health in the short term, to pave the way for privatization in the medium term, and to stimulate expansion. It does not in principle stimulate productivity gains, página anterior Tariff proposals are submitted to DNAEE on the agency’s standard form, called Plante, regulated by Portaria 176, dated March 29, 1993. Besides defining the principal costs affecting the tariff being requested, the utility * 42 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector How the tariff system is structured Tariff Criteria For Public Service And SelfProducers must provide information on market behavior, and on its own operating revenue and cash flow. Under Law 8631, DNAEE has two weeks to accept or reject the proposed tariff. If the agency fails to respond, the tariff takes effect automatically. Decree 774 provides a detailed formula for revising tariffs to compensate for inflation. It also permits gradual tariff increases. For publicservice concessions, the most important award criterion will be the tariff itself. The bidder who offers the lowest tariff will probably win the concession, and the tariff will be written into the concession contract along with the mechanism for readjustment and periodic revision. The contract is considered the concessionaire’s main and — perhaps only — guarantee against government attempts to lower tariffs. Thus, close attention must be paid to the terms of any concession contract. Applications for tariff readjustments may be filed at any time, depending on how costs evolve. The parametric formula must be revised every three years, and may be revised more frequently in exceptional cases. Energy supply contracts between companies must be submitted to DNAEE for approval before being signed. Law 8631 also requires publicservice concessionaires to create a consumer council with representatives of all types of consumers, to monitor and evaluate tariffs and quality of service. The principal criteria for awarding concessions to selfproducers will be the amount of capital invested and the scale of assets added to the system. DNAEE has stated that it will not allow companies to simply claim any costs on the Plante tariff application form. Furthermore, it will demand cost reductions, especially for overstaffed government companies. The agency will check cost information in the data base it compiled through the national audit. Recasting The Tariff Adjustment System Later this year, DNAEE will commission a broad study to establish a system for regular tariff revisions. The thinking is to adopt the Canadian system of revising costs each time a readjustment is requested, as opposed to a straightforward correction based on past inflation rates. The government favors the Canadian approach because it fits well with the overall policy of abandoning indexation and stifling the culture of inflation. Protest Against Tariff Tax Still unsolved is a controversy over the longstanding 3% tax on tariffs, known as the Reserva Global de Reversao (RGR), created in 1971 under Law 9631. The funds are appropriated by Eletrobras and used to finance various programs, in particular energy conservation projects. But many government companies are refusing to pay the RGR and have mounted court challenges to its legality. página anterior However, it is not clear yet that the government will be able to stick to this plan. Interestingly, Escelsa’s public bidding notice did not include any mention of tariff indexation. The bidding notice came out just as the government announced deindexation as a priority, and thus it would have been impolitic to write an automatic readjustment trigger into the bidding papers. However, many power analysts believe the option of introducing * 43 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector How the tariff system is structured an indexation clause at upcoming concession auctions, to ease the worries of potential bidders, is still open. MWh for more than 200 KWh. A J.P. Morgan study has applied the Escelsa residential tariff structure to national residential demand, reaching a composite average rate of US$54/MWh and an average monthly residential bill under US$8. DNAEE will probably raise the minimum charge to R2.00. Lower Subsidies The study is also expected to recommend that the current 83% subsidy for residential consumers who use less than 30 KWh per month be reduced. In addition, the joint managerial committee (COGE) formed by the large state energy companies and the state energy secretaries has requested that DNAEE consider reducing subsidies for residential consumers who use up to 200 KWh per month. Most residential users consume between 100 and 200 KWh per month. •What will happen to subsidies for electricityintensive industries? These can run as high as 40%. Some of the Japanese joint aluminum ventures in Para are subject to subsidizedtariff contracts that do not expire until the year 2004. The aluminum industry has been proposing “commodity pricerelated tariffs” for years. These would correlate aluminum producers’ electricity tariffs with the international price of aluminum. In periods of boom (and therefore higher tariffs), a percentage of the money would be deposited into a fund that would compensate utilities for lower tariffs during periods of aluminum market depression. Question To Be Resolved •What will be the fate of regional subsidies? The government’s trend is to allow some kind of subsidy to the Northeast system. There is also special legislation to subsidize electrification of rural areas. •What will be the outcome of the ongoing legal dispute over tariffs for micro and small companies? Antitrust agency CADE is examining a 1994 complaint by SIMPI, the trade association of small and micro companies, against DNAEE and 55 concessionaires because of a policy of granting lower tariffs to large industries. SIMPI claims that Article 179 of the constitution grants preferential treatment to micro and small companies, but that the opposite occurs in practice. While small and micro companies pay an average of US$95.10 per MWh, large companies (with lines exceeding 230 KV) pay an average of US$31.45 per MWh. In response, the concessionaires claim that the tariffs are based on costs, and that it is far more costly to transmit at a lower voltage. Still, the issue remains unresolved. Various legal and technical problems continue to affect tariffs. Some of them will only be solved after the overall structure of the power system is established, especially the destiny of government holding company Eletrobras. Among them: •How will the cost of transmission be determined when one generating utility uses a transmission line belonging to another utility, probably a stateowned one? •What will happen to the tariffs charged to low-income consumers who use less than 30 KWh per month? When Escelsa was privatized, lowincome consumers retained hefty subsidies: US$21.35/MWh for consumption up to 30 KWh as compared to US$50.86/MWh for those in the 31100 KWh bracket; US$80.30/MWh for the 101200 KWh bracket; and US$112.89/ página anterior •Is there a way to guarantee future earnings? According to Paragraph 28 * 44 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector How the tariff system is structured were denominated in URVs as well, which meant they were adjusted for inflation on a daily basis. During the first stage of the stabilization plan, electricity tariffs benefitted. But when the real itself was introduced in July 1994, tariffs were frozen. Average residential tariffs in the Sao Paulo area went down 7% below what they had been May 1994. Industrial tariffs remained stable, on average 16% above the 1993 tariff. of the concessions law, concessionaires asking for financing from official institutions must give additional guarantees besides future tariff earnings. Prospective independent producers fear that authorities are trying to preserve the power to impose unrealistic tariffs any time they feel it necessary to fight inflation or for other reasons. •Will the tariff level for large users be set sufficiently high? Prospective independent producers fear that the average US$31.45/MWh tariff paid by large or electricity-intensive industries (their preferred customers) is incompatible with a favorable rate of return. In late August 1995, the government announced that it might, after all, permit a tariff revision. In July, when utilities had expected a readjustment after the first anniversary of the Real Plan, the government announced a postponement, claiming that during the oneyear period of monetary stability companies were supposed to have achieved substantial productivity gains. In the meantime, the Real Stabilization Plan presidential emergency decree (medida provisoria) became law. Thus, the finance minister is legally authorized to determine tariffs on his own, and there is nothing utilities can do about it. RESIDENTIAL ENERGY CONSUMPTION Amount Number of Consumers KWh (millions) Share of Residential Energy Supply (%) 0-100 11.2 100-2009.17 201-3003.5 301-4001.2 >4001.2 13.7 31.7 21.7 11.4 21.5 Some utilities say their tariffs have declined up to 33%. In an environment where monthly inflation is regularly 2% to 3%, delays in tariff revisions are costly. The government policy has been to delay tariff readjustments as much as possible and, when inevitable, to grant them only gradually. On the other hand, the government doesn’t want to return to the unrealistic tariffs of previous years, because it doesn’t want to discourage privatization. Seven state concessionaires that implemented important costsaving programs were promised, at the time this report was being written, a 10% to 20% increase: Copel (Parana), Coelba (Bahia), Celesc (Santa Catarina), Enersul (Mato Grosso), Cemig (Minas Gerais), Cepisa (Piaui), Coelce (Ceara). The energy secretaries of the major states are meeting to demand that the federal government institute a policy that guarantees adequate electricity tariffs. Source: Eletrobras Plan 2015 (data from 1990) The Stabilization Plan Threat Even if new laws, regulations and concession contracts guarantee favorable returns for utilities, the federal government’s economic packages can override them. It is already happening to a degree. In 1993 tariffs were fully restored. In May 1994, the URV currency index was introduced as a preliminary step in the Real Stabilization Plan. Electricity tariffs página anterior * 45 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector How the tariff system is structured Electricity tariffs in sao paulo (Annual and Quarterly Averages in August 1994 R$) ResidentialIndustrial 101-200 KWh 88 KV-138 KV 198946.0323.72 199063.2321.76 199170.2421.57 199277.2423.89 199378.4020.95 199493.4023.79 1994 I93.6123.64 II 99.0324.50 III 92.8424.32 IV 88.1122.71 1995 I84.7320.25 II 80.6219.26 Notes: Values are for the CESP area and were deflated by the General Price Index (IGP/DI); to obtain values in US$, multiply by 0.93. Source: Indicadores IESP Escelsa’s proposed residential tariff Monthly Consumption Tariff (US$/MWh) Up to 30 KWh 21.35 31100 KWh50.85 101200 KWh80.30 Over 200 KWh 112.89 Source: Escelsa, cited by J.P. Morgan. página anterior * 46 * índice próxima página The Privatization of Brazil’s Electricity Sector Chapter 8 The thermoelectric option página anterior próxima página índice Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option Summary nuclearpowered Angra I (657 MW), and excluding plants under 10 MW, 6.6% of Brazil’s total 58,686 MW electrical capacity comes from thermoelectricity. Hydroelectric plants provide 93.4% of total capacity, or 54,784 MW. The drive to increase thermoelectric power is fundamentally hampered by the longstanding preference for hydroelectricity, a preference that is reinforced by the availability of an additional 14,600 MW of untapped firm hydroelectric capacity costing less than US$40/MWh, including longdistance transmission costs. National energy secretary Peter Greiner wants to diversify the sources of power production and has recommended an increase in gas and coalbased energy. But the power sector technocracy is culturally addicted to hydroelectricity, of which there is an abundance of untapped resources. (Brazil has up to 250 GW of hydroelectric capacity, of which only 54 GW has so far been tapped.) The BoliviaBrazil pipeline is the centerpiece project for increasing the use of gas in the power matrix. But the pipeline project is still hampered by fundamental disagreements. These include questions of scale (whether it should be anchored by a large scale plant or rather be used to service many smaller plants); of financing (the role of private and multilateral banks and the role of Petrobras); of pricing (should all gateways be charged the same price); and of regulation (for a privatized market). Nevertheless, the government has signalled its support for stimulating the gas market by making gas-fueled vehicles an option for all. Until recently, only taxis and special vehicles were authorized to have gas-powered engines. Thermoelectricity Mooted For The Northeast During discussions for Plan 2015, it was calculated that if thermoelectric capacity on the Eastern Coast were increased, Northeastern Brazil’s supplementary firm energy capacity could be expanded at a reasonable cost, resulting in reduced dependency on hydroelectricity. Thermoelectric plants, fed by imported coal, could thus fulfill the goals of the aborted 12,000 MW nuclearpower program. Brazil’s coal is of poor quality, with more than 45% ash content. The coal is inconveniently located in the distant South. Gas is considered too valuable to be used in thermoelectric plants. Other less spectacular thermoelectric projects are under discussion. In Rio Grande do Sul, more than 4,000 MW could be added to national capacity by using lowquality coal in fluidized coldbed plants. Cemig is studying whether to set up large thermoelectric plants in Minas Gerais, fueled by imported coal. Petrobras gas reserves in Urucu will fuel small and mediumsized thermoplants in the Amazon. But in the end, energy officials did not make any strong commitment to increase thermoelectricity. Using as reference a 2,500 km, 600 to 800 KV directcurrent transmission line from the lower Xingu River to Belo Horizonte, the Plan 2015 team concluded that transmission costs from the Amazon basin would add only US$16/MWh, which includes an estimated Historical And Technical Background With only 3,902 MW of thermoelectric capacity, including página anterior * 48 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option Gas And Coal 7%10% power loss during transmission. The cost for hydropower was considered competitive with thermoelectricity costing US$1,200/KW installed capacity with a 14% yearly rate of capital return. Brazil’s technical experts prefer gas and coal for thermoelectric plants. Oil is eliminated as an option because — in addition to environmental and other reasons — Brazil still imports 40% of the 1.5 million barrels per day it consumes. The country will probably achieve oil selfsufficiency before the year 2000 at an approximate cost of US$15 per barrel. Eletrobras’ Plan 2015 operates under the assumption that the international price of oil will be between US$17/barrel and US$32/barrel by the year 2000, and between US$25 and US$45 by the year 2015. However, by then Petrobras would be producing increasing amounts of natural gas. Plan 2015 outlined three possible strategies for thermoelectricity: •Strategy A, in which hydroelectric plants would be built down the Xingu river until the year 2004 and then in the rest of the Amazon River basin, making thermoelectric plants unnecessary before 2015 even if the economy were to grow according to scenario IV, which is the most optimistic forecast; •Strategy B, in which Amazon hydroelectric potential remains completely untapped, meaning a large number of thermoelectric plants would be needed by the year 2010; •Strategy C, in which Amazon hydroelectric potential would be tapped beginning in the year 2010. Thermoelectric plants would be needed by the year 2010, but only in the Northeast. Brazil’s oil and gas reserves (1993) GasOil billion cubic meters billions barrels Thus, all three strategies contained a recommendation to consider using thermoelectricity during the latter part of Plan 2015. The costs of the alternatives to hydroelectricity were listed as follows, in US dollars: Oil$43/MWh Gas$42.8-$45/MWh Asphalt Residue $48/MWh Domestic Coal $38$48/MWh Imported Coal $51/MWh Nuclear$50$63/MWh Proven Total East Coast Urucu River Jurua River 115.2 18.3 3.5 TOTAL 137.0305.0 Source: Petrobras Source: Eletrobras Plan 2015 página anterior * 49 * índice próxima página 252.3 35.5 17.2 ProvenTotal 4.0 0.04 - 13.9 0.1 - 4.0 14.0 Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option Gas from the East Coast is already targeted for direct industrial use. Daily production totals 21 million cubic meters, with half coming from the Northeast and half from the offshore Campos basin. The Campos basin has the greater potential. Presently only 47% of Campos basin gas is used to supply the market. Up to 16% is reinjected to increase oil production, in accordance with Petrobras priorities. Up to 14% is used to run the oil platforms, which lack other sources of energy. And 16% is lost, due to technical reasons. Only some 3.5 million cubic meters of Campos basin gas is available for the Southeast. The state of Rio de Janeiro takes about 1.5 million cubic meters per day; Sao Paulo takes 1.4 million from Campos and another 1.4 million from the Santos offshore fields. Rio de Janeiro, Sao Paulo and Minas Gerais all need more gas urgently and are demanding extra allotments. Petrobras forecasts that it will be able to increase the Campos basin gas supply by 2 million cubic meters by 1997. NATURAL GAS PRODUCTION (Millions of cubic meters per day, 1994 average) Amazon842 Ceara240 Rio Grande do Norte 2,096 Alagoas1,460 Sergipe2,067 Bahia4,377 Espirito Santo655 Rio de Janeiro 8,005 Santos Basin1,731 TOTAL21,381 Source: Petrobras The largest potential gas sources are in the newly discovered gas fields of Urucu, in the heart of the Amazon basin, 600 km south of Manaus, and in the largely underdeveloped Santos offshore basin. Petrobras estimates that Urucu output could be easily trebled to 2.6 million3 million cubic meters per day, and Santos output could reach 8.2 million cubic meters per day. Altogether, gas production is due to increase by 10 million cubic meters per day within the next five years, to about 30 million cubic meters per day. Petrobras estimates that with larger investments (which require congressional approval), gas production could reach 55 million cubic meters per day between the years 2000 and 2003. Urucu Gas For The Amazon The Urucu gas fields are a recent discovery and Urucu gas is making energy generated by gasfired thermoelectric plants the natural solution for electricity supply in towns scattered throughout the Amazon. Many towns are already served by oilfired thermoelectric plants and suffer occasional blackouts. Petrobras has already invested US$1 billion in developing gas at the Urucu fields, which are located at juncture of the Urucu and Jurua rivers, some 600 km south of Manaus. Small, gasfired thermoelectric plants are the best solution for the scattered Amazon villages and towns. The potential hydroelectric sources are too large for any area but Manaus. Transmission lines are very costly in página anterior * 50 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option the Amazon, and the distances that would have to be covered are very long for the size of the populations to be served. For example, transmission costs for the BalbinaManaus line added US$30 to the cost of the MWh. The projected 1,059 km, 230 KV TucuruiAltamiraSantarem line won’t serve a population large enough to justify its construction until after the year 2000. In the Amazon area, electricity consumption is only 559 KWh per capita, about onethird of the national average. originally estimated at US$3.8 billion during the next five years, to install 3,120 MW of capacity. The plants were subsequently scaled down to 1,970 MW, as follows: Urucu and Jurua gas would be liquefied at minus 162 degrees centigrade at the town of Coari, close to Urucu, and then taken by cryogenic ships to Manaus and Porto Velho (in the state of Rondonia), where it would be used to fuel thermoelectric plants. Preliminary estimates suggest that transporting gas from Urucu to Manaus would cost US$1.80/BTU, compared to US$8.00/BTU for oil. The project would cost Petrobras an additional US$107 million in investments and could be completed by 1997, slashing the cost of electricity generation in Manaus and Porto Velho in half. At present, the gas associated with oil is reinjected. •Maua 7 & 8, a 240 MW Eletronorte project also in Manaus, to be offered in public bidding in January 1997; •Caiari, a 240 MW Eletronorte project in Porto Velho, to be offered in public bidding in January 1997; •Maua 5 & 6, a 50 MW Eletronorte authorization in Manaus; •Rio Negro, a 1,440 MW Eletronorte authorization in Manaus; In addition, the following plants will be converted to gas: •Aparecida, Manaus 83.9 MW •Mauazinho, Manaus137.2 MW •Electron, Manaus The main technical problems are related to river transportation of liquified natural gas. There are ocean ships designed to transport gas, but not river boats. They would have to be designed and built at considerable cost. •Rio Madeira, Porto Velho 79.7 MW Increased use of gas, along with the completion of Tucurui II (2,300 MW) and the Samuel hydroelectric plant, will be enough to serve the big cities of the North until the year 2010. But there is still room for many small thermoelectric plans in the Amazon area, which could be fueled by Urucu gas. Areas not located along the prospective routes of the TucuruiSantarem line — or any other prospective line — would be excellent locations for small thermoelectric plants. Eletronorte is already studying the possibility of setting up small gasfired plants along the rivers of the Amazon basin. A program to convert oilfired thermoelectric plants to gas has already been negotiated between Petrobras and Eletronorte. The Manaus plants alone may need up to 2 million cubic meters per day. Porto Velho’s 60 MW diesel oil-fueled plant will be converted to gas and expanded in 1998 to 240 MW, to make the gas transport feasible. A transmission line could be extended from Porto Velho to reach the fastgrowing town of Vilena. Investments in new Manaus and Porto Velho thermoelectric plants were página anterior 120.0 MW * 51 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option The Bolivia Brazil Pipeline DISTRIBUTION OF BOLIVIAN GAS (billions of cubic meters) The BoliviaBrazil pipeline is designed to supply 8 million cubic meters of gas by the year 1997, gradually increasing to 16 million cubic meters eight years later. Bolivian gas reserves have been certified in the following quantities (billions of cubic meters): 19972004 Sao Paulo3,9827,874 Santa Catarina1,5832,076 Rio Grande do Sul 931 1,481 Parana6201,748 Minas Gerais4541,700 Mato Grosso do Sul 430 684 Rio de Janeiro - 473 BOLIVIAN GAS RESERVES (billions of cubic meters) Proven reserves118.5 Probable reserves46.8 Possible reserves135.8 Source: Petrobras TOTAL301.1 Slow Expansion Source: Petrobras Industry in southeastern Brazil considers the additional gas to be vital. But studies indicate that it would take seven years — as well as an extension of the pipeline to Rio Grande do Sul — for demand to reach the optimum level of 16 million cubic meters per day, due to local preference for other fuels and a lack of distribution facilities. Over a period of 30 years, the 2,233 km pipeline would utilize 175 billion cubic meters. Reserves are therefore sufficient to also meet Bolivia’s own estimated demand of 33 billion cubic meters. The pipeline is to start at Santa Cruz de la Sierra, in Bolivia. From there, it would extend to the border town of Corumba and then to Campo Grande, one of the largest and fastestgrowing towns of Mato Grosso do Sul. It crosses the projected TieteParana waterway, near Presidente Epitacio, and finally arrives at the industrial towns west of Sao Paulo, Limeira, Piracicaba, Sorocaba and Campinas. The promise of Bolivian gas has already raised expectations in those towns. According to preliminary estimates, the gas would be distributed to the following states in the following quantities: página anterior The only way to give the project economic viability from the start, in an area lacking both habitual gas usage and largescale gas distribution networks, is to set up a couple of large, gasfired thermoelectric plants or “thermoelectric anchors,” as they are called. This is the basis of Enron’s proposal for a large thermoplant in Sao Paulo state. * 52 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option Projects Under Consideration •bidding for Enron’s proposed plant is scheduled for December 1997. The location and exact size are still not defined, but it would be somewhere in Sao Paulo state and be 1,500 and 2,000 MW. The Sao Paulo state utilities are not interested in this plant; The basic gas market study for Sao Paulo, prepared by the Sociedade Paulista de Gas (SPG), proposes a 2,000 MW plant in Sao Paulo and a 275 MW plant in Mato Grosso do Sul. Several proposals have been put forth. •DNAEE has also listed three more plants in the pipeline’s path for bids: •Enron proposes a 1,600 MW plant somewhere in Sao Paulo, possibly near Campinas, at a cost of US$1.3 billion. State utility CESP opposes the Enron proposal. •Eletrosul has authorization for undertaking feasibility studies for two gasfueled plants on the path of the pipeline in Mato Grosso do Sul: a 90 MW plant in Campo Grande and a 30 MW plant in Corumba. Corumba II, 57.9 MW, March 1999 Campo Grande II, 100 MW, September 1999 Campo Grande III, 70 MW, September 2002 Pipeline Obstacles •Cemat is proposing a 2,000 MW plant on the Bolivian border. It would then transmit the electricity across to Brazil through lines to Mato Grosso and Rondonia. Several fundamental divergences are still blocking the launch of the pipeline project and the general expansion of gas usage in Brazil. •Petrobras favors conversion of two oilfueled plants it supplies: Piratininga, a 470 MW Eletropaulo plant in Sao Paulo, would be converted to gas and expanded by 7001,170 MW, at an estimated cost of US$800 million; Carioba, a CPFL 32 MW oilfueled plant in Americana, Sao Paulo, would be converted to gas and expanded by 340370 MW. 1)Institutional Problems One crucial problem was solved by the constitutional amendment allowing private companies to distribute gas. (See Chapter III, “The Legal Framework for Electricity Privatization.”) The amendment allowing private companies to participate in the oil sector should be passed by the end of 1995. But the large gas companies that wish to invest in Brazil need more comprehensive regulations, including clearly defined policy priorities for the use of gas, and definitions of regulatory agencies and their scope. Some of the new regulatory framework for gas will depend on laws that haven’t even been proposed, which will regulate the flexibilization of the state monopoly on gas and oil. For example, if Petrobras will be the only buyer The current agenda is: •conversion/expansion of the Piratininga and Carioba plants; •two gasfueled thermoelectric plants in Corumba and Campo Grande are scheduled to be offered for public bidding: Corumba I (57.9 MW) in October 1995; and Campo Grande (100 MW) in January 1996. página anterior * 53 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option of Bolivian gas in Brazil, under what terms will it sell the gas to other enterprises? 3)The tariff problem The price originally negotiated with the Bolivian authorities was US$0.90 per million BTU at the gas field. Adding US$1.83 transport cost, the gas would reach the city gates at the price of US$2.73 per million BTU. Concessionaires resisted, claiming that the ideal price ranges from US$2.202.30. Later, Bolivian authorities demanded US$1.10 per million BTU at the gas field. A compromise was agreed to start at a lower level, around US$0.95, rising gradually to US$1.06. One complication is that Brazilian authorities want to have the same final price at all city gates along the pipeline to Rio Grande do Sul. Only by basing charges on distance could tariffs be reduced in the major market, Sao Paulo. The Sao PauloRio Grande do Sul section of the pipeline doesn’t make economic sense at this stage, especially with an equalized gas tariff along the route. This will raise tariffs for the “paulistas,” in order to cover the costs of transporting the gas to Rio Grande do Sul, thus narrowing the feasibility margin of the project even more. Comgas, the Sao Paulo state concessionaire, opposes the equalized tariff. Another complication is that the gas business in Brazil has been controlled by individual states, and the recent flexibilization enabling private participation did not change that policy. The BoliviaBrazil pipeline crosses five states, with branch lines to two others, each with its own state gas concessionaires, each to issue its own regulations for private companies, each with its own regulatory agency. The legal gap to be covered is huge; foreign companies are volunteering to help Brazilian authorities shape the legal framework. 2)Technical problems The main technical problem is the definition of the thermoelectric anchor and its operating system. The foreign gas companies want Cesp to build a 1,600 MW thermoplant and sign a purchase contract for a specific and steady amount of gas, making the plant the base of the system. Eletrobras’ policy, on the other hand, is for new thermoelectric plants to operate only during the dry season so that hydroelectrics don’t have to dispose of excess water during the rainy season. But to operate only during the dry season is in conflict with the 95% takeorpay clause in the pipeline contract and also contradicts the aim of the thermoelectric plant to “anchor” the pipeline. Last but not the least, CESP claims that it is in the process of shedding and privatizing some of its assets, and that the last thing it wants to do now is to invest in a thermoelectric plant. Private companies may do it, but CESP won’t even guarantee to buy the electricity. página anterior 4)The financial bottleneck With so many unsolved pricing problems, the financial package for the project is still not available. Brazilian authorities expect foreign companies, particularly Enron, to provide the package. The World Bank, the InterAmerican Development Bank and the Andean Development Corporation have expressed interest, but also reservations, particularly over the role of Petrobras. They would prefer that the pipeline be majority controlled by private interests. Private bankers say the funding would be less expensive if Petrobras did not insist on a major role. A related complication is the politics of privatizing the Bolivian state oil company YPFB. There is considerable resistance in Bolivia to the YPFB sale. A privatized YPFB is a requirement of a successful financial package for the pipeline. * 54 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option Other Thermoelectric Projects 5)The political problem Foreign gas companies are investing heavily in an effort to create favorable political conditions for the pipeline, but they do not seem to have captured Brazilians’ imaginations the way the car industry did when it launched the gasohol program in 1974, following the oil crisis. Gasohol was not economical, but the program was implemented with large subsidies. The problem with gas is finding interest groups that are powerful enough to create momentum. Gasohol was supported by three major interest groups: the car industry, the capitalgoods industry and landowners. The pipeline’s partisans are more widespread and less focused (with the exception of the pipe manufacturers), which is why the project lacks sufficient support. Four thermoelectric plants have been proposed for the Southeast, to be fueled by high viscosity oils. Three would have 350 MW capacity, of which two would be near the Paulinia refinery in Campinas and one would be attached to the Sao Jose dos Campos oil refinery. But there are environmental and water supply problems to be overcome. Only the Paulinia I project was listed for public bidding by DNAEE, set for December 1998. The other plant is Igarape II, a Cemig concession with 125 MW, in Mateus Leme, near Belo Horizonte. In addition, Igarape I and Santa Cruz (Rio de Janeiro) are being converted from light oil to high viscosity oil. The alternative approach would be to offer smaller-scale solutions and to stress the environmental advantages of using gas. There is a consensus that the gas is needed, but there is no consensus on the desirability of large plants or even the use of a large (32”) pipe to feed it. Significantly, however, the gas idea is beginning to gain support among business executives and industry in midsized towns in outlying areas. In any case, initiatives for expanding local gas distribution networks are multiplying. At some point in the near future, the pipeline will become an irreversible proposition. Cemig has signed an agreement with Southern Electric to study setting up one or more thermoelectric plants fueled by imported coal and totalling about 2,200 MW, along the BeloHorizonteVitoria railway. The key would be to use the return idle capacity of the iron ore export corridor, including the trains, the TubaraoPraia do Mole special harbor, and even part of the ships. This corridor can transport 6 million tons of coal per year. The Gaucho Pipeline Outlook The Rio Grande do Sul state government is proposing to the Argentine government that they jointly set up a 415 km, 16” pipeline from Parana, in Argentina, to Uruguayana, in Rio Grande do Sul, to feed a 300 MW plant. The cost is estimated at US$90 million. As of September 1995, the odds are that the pipeline will go ahead, but not very soon, and only as far as Sao Paulo. The preliminary notice for bids for the Santa CruzCampinas section, held in December 1994, attracted 170 companies. página anterior * 55 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option Southern Coal governments, the Plan 2015 team conducted studies about how to increase electricity generation using coal. In addition to problems related to high ash content, Environmental Protection Regulation 08 limits the use of pulverized coal in plants over 70 MW. Also, mining waste disposal poses environmental problems. Still, it was decided that new technologies could improve the prospects of Brazilian coal for electricity production. Brazil has plentiful coal reserves, but they are poor quality, and most are located in the extreme south. But the coal is adequate fuel for onsite thermoelectric plants. There are 32.4 million tons of coal reserves, of which 10.1 million tons are verified. They are in open and underground mines, most with about 53% ash content and high sulphur content. About 89% of the reserves are in Rio Grande do Sul. Just over 10% are in Santa Catarina and only 0.5% in Parana. Supply Agreement Signed A protocol was signed between Eletrobras and the coal industry to assure coal supply for nine power plants near the mining site, at prices compatible with the marginal cost of the electric sector expansion plan. The nine units were chosen from several already on the drawing board, totalling 4,630 MW capacity. Reserves and mining capacity were certified to assure a 30year supply, at 50% capacity. Coal prices were graded according to quality, ranging from US$7.88 a ton at Candiota III, (quality CE3300), to US$32.04 per ton at Sapopema (quality CE6000). The proposed technology is fluidized coldbed. Only one unit was included in the Ten Year Plan: Candiota III, slated for 350 MW. RIO GRANDE DO SUL COAL % humidity % sulphur % ashes Calories/kg Leao10.91.747.13,742 Irui7.50.549.03,300 Charqueadas 6.70.753.63,100 Candiota 15.21.950.13,200 Source: Petrobras Following the 1970s oil crisis, coal was used as a substitute for oil by major industries and also to fuel three new thermoelectric plants. Production reached a maximum of 8 million tons a year in 198788. Since then, a coal transport subsidy has been phased out, and industry consumption has declined significantly. Production is down to only 4.9 million tons a year, 67% to fuel the thermoelectric plants. Following the authorities’ decision in principle to increase coal usage in the national energy system, as well as lobbying by the southern state página anterior * 56 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option The Role Of Thermoelectricity In Plan 2015 Coal-fueled thermoelectric plants on the drawing board Of the authorizations or concessions in force by January 1995, 12 were thermoelectric plants with a total capacity of 5,515 MW (not including plants of less than 10 MW capacity). By contrast, authorized hydroelectric capacity totalled 18,401 MW. All the thermoelectrics are for public service and under the regime of “authorization,” which means that only permits, not concessions, have been extended for their construction. A concession is a legal contract that can be bought and sold. An authorization is an administrative act that can be canceled at any moment, even without giving a reason. (feasibility studies and coal supply studies completed) CapacityInvestment (MW)(US$ millions) RIO GRANDE SO SUL Guaiba568132 Sul do Leao9320 Leao II350*152 Canape II4715 Gravatai32080 Three of the thermoelectric plants, each with 350 MW capacity, were already in advanced stages of construction, and — preferably — will be completed with private capital participation. They are: SANTA CATARINA Fontanella279**30 Diversos/Residues450- •Jorge Lacerda IV, in Tubarao, Santa Catarina, an Eletrosul authorization; PARANA Sapopema25850.3 •Jacui I, in Eldorado do Sul, Rio Grande do Sul, an Eletrosul authorization; •Candiota III, in Bage, Rio Grande do Sul, a CEEE concession. TOTAL4,630590.6 *US$72 million already invested **US$18 million already invested A fourth plant, 50 MW Maua 5&6 in Manaus, Amazon, is in the early stages of construction by Eletronorte and will probably be opened to private participation as well. Source: Eletrobras The other eight plants were only granted authorization to conduct feasibility studies, mostly to expand existing capacity. página anterior * 57 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector The thermoelectric option •Igarape II, a 125 MW authorization to CEMIG in 1989, in Minas Gerais; an extension of Igarape I; •Piratininga (Eletropaulo), a 700 MW expansion authorization in Sao Paulo; •Caiari, a 240 MW Eletronorte project in Porto Velho, Rondonia, to be offered for public bidding in January 1997; •Maua 5 & 6, a 5O MW Eletronorte authorization in Manaus; •Maua 7 & 8, a 240 MW Eletronorte project, also in Manaus, to be offered for public bidding in January 1997; •Rio Negro, a 1,440 MW Eletronorte authorization in Manaus; •Carioba, a 125 MW CPFL authorization in Americana, Sao Paulo, on the path of the pipeline; •Campo Grande, a 100 MW project on the pipeline’s route in Campo Grande, Mato Grosso do Sul, to be offered for public bidding in January 1996; •Corumba, a 57.9 MW project on the pipeline’s route in Corumba, Mato Grosso do Sul, to be offered for public bidding in October 1995. The last three listed depend on the construction of the Bolivia-Brazil pipeline. página anterior * 58 * índice próxima página The Privatization of Brazil’s Electricity Sector Chapter 9 Self-production and independent production: A summary of recent and upcoming projects página anterior próxima página índice Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Self-production and independent production: A summary of recent and upcoming projects Summary probably around 13,000 GWh per year. With energy shortages perhaps starting in 1997, largescale consumers have been pushed into investing more heavily in producing their own electricity. Even secondrate hydroelectric potential, of the kind still widely available in the Southeast, can provide electricity on a selfproduction basis. Such production is exempt from the value added tax and at under US$30 per MWh costs about 10% less than that sold under regular industrial tariffs. Under pressure from higher tariffs and alarmed by the prospects of energy shortages, largescale energy consumers and electricityintensive industries are having to move toward strategies of energy selfsufficiency. But the new legislation is adverse for self-producers, because it requires them to bid for every hydroelectric potential above 10 MW, even those located on their own property. They may have to pay a premium to get the concession. The government is trying to find legal loopholes to motivate selfproducers to take over plants whose construction had previously been halted. But many such plants incurred significant cost overruns and can only be transferred to private ownership after a substantial writeoff. There are also many excellent mediumsized sources in Minas Gerais, close to the big mining companies and steel mills. Some mining companies, such as Samarco, plan to selfproduce most of their electricity by the year 2000. The recovery of the steel sector, the first to be privatized under the national privatization program, added to the push toward selfproduction. The iron and steel sectors alone use 19 TWh of electric power per year, followed by the aluminium sector with nearly 15 TWh. Third is the paper and pulp industry, with 8 TWh. The other large selfproducers are the chemical and petrochemical industries, and cement. The paper and pulp industries produce most of their electricity with leftovers from tree cutting. Petrobras produces energy from gas associated with oil. Historical And Political Background Selfproduction of energy has increased steadily in Brazil during the last 40 years, with the exception of the 198085 period when industry stagnated. Even so participation of selfproducers in total production declined from a peak of 11.2% in 1950 to 8.7% in 1960 to only 5% in 1990, equivalent to 10% of industrial energy. However, it is difficult to measure selfproduction capacity and production of energy in Brazil because of the large number of scattered units, including those related to agriculture. According to a special Eletrobras survey of selfproduction of energy, completed in 1990, total output increased from just over 8,000 GWh in 1980 to nearly 10,500 GWh in 1990. The survey was considered complete with respect to hydroelectricity, but inadequate in its measurement of thermoelectric generation. Selfproduction today is página anterior * 60 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Self-production and independent production: A summary of recent and upcoming projects Legal Considerations Profile of energy self producers To influence new legislation for the electricity sector, selfproducers organized their own lobby under the 41member Associacao Brasileira de Grandes Consumidores de Energia (Brazilian Association of LargeScale Energy Consumers, or ABRACE). But the ABRACE lobby usually lost to building contractors and state concessionaires, because of the close links between the conservative congressional representatives from the Northeast, especially Bahia, and building contractors. % Share Year GWh % Growth of Market 1950737.3 - 11.2 1960 1,644.58.49.2 19652,547.2 9.2 10.2 1970 3,429.86.18.7 1975 4,713.06.66.8 19808,023.0 11.2 6.6 1985 8,327.00.85.1 1990 10,448.04.65.0 1995 13,000.0 4.5 (Plan 2015 projection) The Ministry of Mines and Energy (MME) has an unofficial doctrine favoring independent production over selfproduction, on the grounds that whatever hydroelectric potential is currently being offered must be more profitable than the next batch and should therefore be destined for public service rather than for private companies. MME also sees a need for broader legislation that would define private companies’ obligations (be they selfproducers or independent producers) toward the integrated use of hydroelectric potential, such as neighboring towns’ water supply, navigation, irrigation systems, environmental protection and leisure activities. Average yearly rate of growth from 1950 to 1990: 6.9% Source: Eletrobras, Plan 2015 Self production prospects under the 2015 plan (TWh) Scenarios 2000 2005 2010 2015 Conflicting Goals I II III IV 13.9 16.3 17.9 23.4 18.2 21.4 24.3 31.8 23.1 28.6 36.5 48.3 28.9 38.3 61.0 83.1 The conflict between selfproducers and independent producers — or state concessionaires, for that matter — is very basic: Selfproducers want to build power plants at low cost and buy energy at the lowest possible tariff, while independent producers want to sell energy at the highest possible tariff. Typical wouldbe independent producers are Source: Eletrobras, Plan 2015` página anterior * 61 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Self-production and independent production: A summary of recent and upcoming projects either to build and run power plants or to take over partially built plants to generate electric power for their own use. Decree 915 is the only legislation specifically directed to selfproducers. building contractors associated with banks and pension funds. Building contractors, in particular, want power plants to be built at the highest possible price, not at the minimum. Some building contractors already hold concessions granted on the eve of the introduction of the new legislation. If so, they may also wish to “sell” the concession rights to largescale energy consumers that need to selfproduce. From another perspective, the more publicservice concessions are won by independent producers, the higher the average tariff. Also, to avoid energy shortages before privatization takes off, the government ordered state concessionaires to seek out private investors interested in helping them complete major plants on a jointventure basis. Because the original concessions were granted for public service and some are nearly over, DNAEE has flexibilized the terms of these concessions, and extended the terms of the jointventure contracts beyond the duration originally given to the concessions. Tariff Questions Subsequent legislation has been detrimental to the interests of selfproducers, especially Laws 8987 and 9074, passed by congress in 1995 to regulate Article 175 of the 1988 constitution, which requires public bidding for concessions for hydroelectric projects, even for selfproduction. (See Chapter III, “The Legal Framework for Electricity Sector Privatization.”) Now, selfproducers must bid for every hydroelectric project, even those located on their own property. They may lose to a competitor or have to pay a premium to get the concession for selfproduction. Pure selfproducers are worse off than before in legal terms. Both selfproducers and independent producers are demanding a definition of the pricing policy to be adopted by the national transmission system (SINTREL), to which they need access. So far there are no general rules for the tariffs to be paid for the use of the transmission grid. (See Chapter VII, “How The Tariff System Is Structured.”) Both selfproducers and independent producers are also demanding legislation that will enable them to get financing more easily. On the other hand, selfproducers do not need additional government guarantees for tariffs that would maintain the concession’s economic and financial stability. They produce mostly for their own consumption and do not even have to bill, or set a tariff, unless selling excess energy. However, some of the government power technocracy is now begging selfproducers to take over more paralyzed plants, for fear of an energy shortage. The government is also alarmed by the slowness of the transfer process and the absence of many independent producers in the privatization process. It is looking for other legal loopholes that might allow the transfer of a larger number of paralyzed plants and concessions to selfproducers without public bidding. Special Legislation In 1993, then President Itamar Franco, whose political base is in Minas Gerais, issued Decree 915, which allows the formation of consortia página anterior * 62 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Self-production and independent production: A summary of recent and upcoming projects Some Winning Bids concession. It was begun in 1983 and suffered from repeated halts after US$310 million in investment, eventually needing another US$770 million to be completed. Eletrosul took the initiative of inviting private groups to participate in completing the plant. The public bidding was won by a consortium of four selfproducers, with minority participation by Eletrosul. The group proposed to sell the surplus energy to Eletrosul for R$15/MWh, well below the bidding announcement’s minimum price of R$25/MWh. Eletrosul will continue to coordinate and manage the construction. Each participant will receive electricity in proportion to its stake in the consortium. Selfproducers did take over some of the paralyzed power plants offered to private initiative, going ahead on the basis of Decree 915. Selfproducer consortia took over the construction of a very large hydroelectric plant originally destined for public service, 1,450 MW Ita, and a smaller one, 120 MW Igarapava. The concession for the Igarapava power plant was transferred by a presidential decree, to circumvent the need for public bidding. A selfproducer consortium also bid for the other large plant offered, the 1,200 MW Serra da Mesa, but lost to a consortium of independent producers. The private members are: Companhia Cimento Itambe, Poliolefinas SA, Companhia Siderurgica Nacional and Companhia Industrial de Polipropileno. This group outbid a sixmember consortium led by Alcoa, which then contested the outcome with Eletrosul. At the time of the writing of this report, there were unconfirmed reports that the final decision — which overruled the losers’ appeal — was on President Cardoso’s desk. Ita is due to come on stream in 1999. “Partnership contracts” between the original concessionaire and the new partners are also being used to circumvent the law. The new contracts are sanctioned by DNAEE, which even grants extensions on the old concessions. Partnership contracts are the main mechanism for attracting private consortia to help complete paralyzed plants. The next important project to go on the block is 1,800 MW Porto Primavera, a Cesp concession that needs US$1.8 billion to be completed. Serra da Mesa. This is a strategic project. It is a large plant (1,200 MW) that creates the world’s largest water reservoir. Furthermore, it is located on the Tocantins river, in Goias, 230 km south of Brasilia, adding energy supply to potentially critical areas and also helping control the river. Serra da Mesa can facilitate the water supply for all the plants planned for the Tocantins river. It will enable the Tucurui hydroelectric plant to double its capacity from the present 4,000 MW to 8,000 MW. Furthermore, at a cost of an estimated US$2 billion, a 1,300 km connection can be made between the NorthNortheast grid and the SouthSoutheast, by linking Serra da Mesa (Brasilia) to Tucurui. Some experts say the expansion would also Transfer Of Power Plants To Consortia What follows are comments on the most important transfers of paralyzed power-plant concessions from state concessionaires to joint ventures with private consortia: Ita. With 1,450 MW installed capacity, this is the largest power plant project. It is located on the Uruguay river, on the Santa CatarinaRio Grande do Sul border. The plant was an Eletrosul publicservice página anterior * 63 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Self-production and independent production: A summary of recent and upcoming projects reduce pressure on the country’s energy system because of the seasonal complementarity between the Sao Francisco and Tocantins river basins. Other Plants On Offer Serra da Mesa is a Furnas publicservice concession that expires in the year 2011. Construction has reached an advanced stage, with US$680 million already invested. Another US$890 million is needed. Furnas will continue to run Serra da Mesa, but as a joint venture with a consortium of independent producers formed by Nacional Energetica (Banco Nacional) and Energisa, which is part of the CataguazesLeopoldina group, a longstanding independent producer and distributor of energy. The consortium will have the right to 51.54% of the generated energy. Under the contract with Furnas, the consortium will install its first turbine in April 1998 and the others in December 1998. The BNDES is to grant up to 75% of the financing needed to complete Serra da Mesa. The government has agreed that the contract between the consortium and Furnas will be maintained by any other company that may win the concession if it is not renewed with Furnas in 2011. The same jointventure system will be extended to other unfinished plants originally destined for public service, including three thermoelectric concessions. The problem with most of these plants, especially the Cesp concessions and the Candiota II thermoelectric plant, is that they incurred tremendous cost overruns during construction. A plan to write off part of the book value must be designed to make them attractive to private initiative, even to selfproducers. The most important plants to be offered are: Porto Primavera, a 1,814 MW hydroelectric plant concessioned to Sao Paulo’s Cesp. Located on the Parana river, it is well advanced and is scheduled to start generating electricity in 1998. The concession is for public service and runs till 2008. Cesp and DNAEE already have an agreement to extend the concession term. The plant needs another US$1.6 billion to be completed. It has already cost about twice its book value. The Sao Paulo government urgently needs cash to complete the project. The package being designed is in the form of a partnership between Cesp and a consortium of independent producers or selfproducers that will be guaranteed certain sales volumes; Igarapava. This is a 210 MW plant on the Rio Grande river, on the border of Sao Paulo and Minas Gerais. It uses new turbine technology that reduces cost and environmental damage. Igarapava is a Cemig concession. It needs an investment of US$290 million and is to be completed in 1998. It was transferred to a sevenmember consortium, mostly selfproducers: Companhia Vale do Rio Doce, Mineracao Morro Velho, CSN, Companhia Mineradora de Metais and Eletrosilex. Cemig has kept a 14.5% share. The Minas Gerais state government wants to extend the Igarapava transfer model, by which the state concessionaire keeps a share in the new consortium, to other Cemig concessions. página anterior Canoas III, two hydropower projects, also Cesp concessions, located on the Paranapanema river. Total capacity is 155 MW. They could begin generating energy in 1997. The two plants have already received US$317 million in investment, but another US$340 million is needed. However, the two plants are worth only US$320 million. The concession is for public service and expires in 1997. This means that the contract will have to guarantee a new 30year concession; * 64 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Self-production and independent production: A summary of recent and upcoming projects Miranda, a 390 MW Cemig concession on the Araguari river, halfway to completion. Total cost is estimated at US$540 million. It is a Cemig priority to complete the plant, which is due to start generating energy by 1997. Work on the plant is going ahead; Jacua, a 350 MW Eletrosul thermoelectric concession in Eldorado do Sul, Rio Grande do Sul, that needs US$290 million to be completed; (For more information on thermoelectric generation, see Chapter VIII, “The Themoelectric Option”.) Manso, a 210 MW Eletronorte publicservice concession on the Manso river. It needs US$240 million (out of a total US$380 million investment) to be completed; part of it is already in operation; Concession Confusion Samuel, a 217 MW Eletronorte publicservice concession on the Jamari river. It needs US$60 million for installation of the turbines; DNAEE has 97 applications for concessions for selfproduction of energy, totalling 6,165 MW installed capacity. The applications were filed before the new legislation requiring competitive bidding was passed. At this stage, it is unclear whether the new legislation will apply. Cubatao, a 45 MW Celesc publicservice concession on the Cubatao river, near Joinville, which is Santa Catarina state’s largest industrial area. An equally important goal of the project is to control the river so as to end the repeated flooding of Joinville. The project needs US$50 million to be completed in about three and a half years. The decision to maintain it as a publicservice concession was opposed by most participants in a public hearing held by Celesc to publicize its partnership intentions. Celesc may ask DNAEE to make Cubatao a “mixedused” concession, combining rules for public service and selfproduction; If DNAEE only grants an authorization to undertake feasibility studies, a public bid might be necessary to transform the project into a proper concession in order to comply with the new legislation. As noted earlier, an “authorization” is an administrative act that is not legally binding. During the process of being transformed to a concession, the concession itself might even be redefined, from selfproduction to public service. The possibility of such revisions is making selfproducers furious. Candiota III, a 350 MW thermoelectric CEEE concession at the Candiota complex, in Bage, Rio Grande do Sul. The original 2,000 MW project was scaled down to a 350 MW extension to Candiota II. The project’s main problem is the need for financial reorganization to deal with an outstanding US$522 million debt to French banks and equipment suppliers; Each part of the process must be conducted strictly according to the new law; otherwise, concessionaires could find themselves facing costly legal battles. For example, the basis for appropriating land to carry out the concession is rooted in the law. In the absence of legal protection, concessionaires could become victims of landowners anxious to thwart them, or to blackmail them into paying outrageous prices. Maua 5 & 6, a 50 MW Eletronorte thermoelectric concession in Manaus, Amazon, needing US$100 million for completion; Most concessions or authorizations range from 50 MW to 120 MW, but there are several much larger ones. Nearly half — 42 concessions — are página anterior * 65 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Self-production and independent production: A summary of recent and upcoming projects located in Minas Gerais. Mato Grosso comes second with 13 concessions. The complete list is in Annex I. Funil Grande. A 180 MW project on the Rio Grande river in Minas Gerais. The investment is US$ 180 million and it is a joint concession between Minas Ligas and Andrade Gutierrez, to be completed by 1997; Self-Producer Projects Pilar. A 150 MW concession by Fiat Energia, on the Piranga river in Minas Gerais, to be completed by 1997; Porto Estrela. A 112 MW concession on the Santo Antonio river in Minas Gerais, to building contractor Mendes Junior, which also owns the Mendes Junior steel mill: The Eletrobras coordinating group for planning the expansion of the electricity system (GCPS) has estimated that up to 30 selfproducer projects will be included in the tenyear plan running from 19952004. DNAEE has divided its register into three categories: •34 power-plant concessions with projects already approved or under final revision, totalling 2,416 MW installed capacity; Sa Carvalho. A concession to steel mill Acesita for exclusive use, with 48 MW, at the Piracicaba river in Minas Gerais, to start operations in 1998; Queimado. A 110 MW concession on the Preto river in Minas Gerais, to the EPP group; •31 applications granted authorization for feasibility studies, totalling 1,473 MW installed capacity; Sobagi. An 80 MW project on the Paraibuna river in Minas Gerais, granted to the CPM contracting group; •32 applications still waiting for DNAEE’s authorization to conduct feasibility studies. Picada. A 50 MW concession on the Peixe river in Minas Gerais, also granted to the CPM group; What follows are comments on some of the main selfproducer projects listed in Annex I, with respect to size or stage of implementation: GuilmanAmorim. A 140 MW project still to be started on the Piracicaba river, in Minas Gerais. One of the last concessions for exclusive use, it was granted before the new concessions law took effect. It was granted to a consortium of two selfproducers: Belgo Mineira (steel mill) and Caue (cement). They will invest US$130 million to have the plant ready to supply by 1997; New Concessions During the period from 19952004, 72 power-plant concessions will be offered for public bidding. Each public bidding announcement will specify whether the concession is being offered for selfproduction or public service. Criteria will differ. MunizFreire. A 25 MW plant concession on the Pardo river in Espirito Santo, granted to Samarco Mineracao, that will be completed in 1997; A first round comprising seven plants is scheduled for the end of 1995 and/early 1996. About half of the plants were concessions held by state utilities but never implemented and later canceled by the president in Bau. An 80 MW power plant on the Piranga river in Minas Gerais, also granted to Samarco Mineracao (mining); página anterior * 66 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Self-production and independent production: A summary of recent and upcoming projects March 1995. They are included in the estimate from Eletrobras’ GCPS planning group, in accordance with demand projections of Plan 2015. 450 MW and it is still in project stage. Estimated cost is US$600 million; Serra Quebrada, a 1,328 MW hydroelectric potential on the Tocantins river. The concession was formerly held by Eletronorte. It is still in project stage and needs US$1.5 billion in investment; There are also 10 thermoelectric plant concessions, including six to be fueled by the BolivianBrazil pipeline, that are in a very preliminary study stage. (See Chapter VIII, “The Thermoelectricity Option.”) The list of plants will be reviewed by the GCPS every five years. A complete list of the concessions and provisional bidding dates is in Annex II. About six concessions per year will be offered for public bidding, starting in 1995. Thermoelectric concessions to be offered for public bidding are: Corumba I & II, located in Mato Grosso do Sul on the Bolivian border, in the first Brazilian town to be reached by the pipeline; two units with 57.9 MW capacity each; The most important new hydroelectric concessions to be offered for public bidding within the next two years are: Campo Grande I, II & III, also on the pipeline’s path. The first two units have 100 MW each, and the third has 70 MW. Bidding will be held in three-year intervals, beginning in 1996; Sapucaia/Anta, with joint potential of 316 MW. The former Furnas concession is on the Paraiba do Sul river on the Rio de Janeiro/Minas Gerais border. Still in the project stage, it is estimated to need investments of US$470 million; Maua 7 & 8, a 260 MW project in Manaus, Amazon. It was formerly an Eletronorte feasibility study authorization; Campos Novos, a 880 MW potential on the Uruguay river in Canoas, Santa Catarina. It is still in the project stage, with an estimated cost of US$620 million. Celesc, which formerly held the concession, will try to join any consortium that wins the bidding; Caiari, a 240 MW plant in Porto Velho, Rondonia, formerly a Eletrobras 1440 MW feasibility study authorization; Simplicio, a former Furnas concession on the Paraiba do Sul river, with 180 MW capacity. It is in the project stage and estimated to cost US$390 million; Sao Paulo/Unnamed, a 1,600 MW plant to be fueled by Bolivian gas, still unnamed and without a definite location. It will probably be set up in Campinas. This may be a US$1.6 billion Enron project. The bidding date is set for December 1997; Aparecida 8 & 9, a 100 MW concession for Manaus, Amazon; Irape, a 420 MW potential on the Jequitinhonha river, in Minas Gerais. It is a former Cemig concession in the project stage, estimated to cost US$500 million; Replan I, a 350 MW project with no definite location yet. Petrobras may designate Replan I as one of the thermoelectric plants that will use high-viscosity residues from its oil refineries in Sao Jose dos Campos and Cana Brava, on the Tocantins river. Formerly held by Furnas, its potential is página anterior * 67 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Self-production and independent production: A summary of recent and upcoming projects Campinas, Sao Paulo. Petrobras developed plans for three such units (two in Campinas and one in Sao Jose), but they faced technical problems related to water supply. página anterior * 68 * índice próxima página The Privatization of Brazil’s Electricity Sector Chapter 10 A profile of the major electric utilities página anterior próxima página índice Bernardo Kucinski The Privatization of Brazil’s Electricity Sector A profile of the major electric utilities Summary the recently privatized Escelsa, but all of them are in the distribution business. The current balance of market share suggests that even following a substantial degree of privatization, the state power technocracy will remain strong. Brazil’s electric utilities are enormous by any scale. The federally owned utilities and some of the largest state-owned ones have gradually become dysfunctional due to construction delays, cost overruns, politically motivated overstaffing, low tariffs and lack of competition. High loss rates are also a problem. As a whole, the sector has a low rate of return, low liquidity and high indebtedness. Still, several state-owned utilities are well managed and are rapidly improving their profitability after the national equalized tariff was discontinued in 1993. But even the best managed state-owned utilities, such as Cemig and Copel, need an injection of private capital to accelerate their investments. The Ownership Network Half of the country’s 20 largest companies are electric utilities, including the second-, third- and fourth-largest. The government ownership system operates in two tiers: At the top is the federal holding company Eletrobras, under the authority of the Mining and Energy Ministry (MME), which coordinates the entire system and controls — via subsidiaries — 64% of Brazil’s generating capacity and 32% of transmission lines. In the second tier are the power companies owned by each of the states, often with a degree of Eletrobras shareholding. In this report, to avoid confusion we often refer to Eletrobras-controlled companies as “federal utilities” and state-owned companies simply as “state utilities.” State-owned companies control the remaining 36% of generating capacity, 68% of transmission lines and 92% of the distribution grid. Municipal authorities and private companies control the remaining share of the distribution grid. There are now 24 private companies, including página anterior The 20 largest state-owned utilities State Company Ownership Net Net Sales Assets (US$ millions) 1 ELETROPAULO Sao Paulo 2 FURNAS Eletrobras 3 CESP Sao Paulo 4 CEMIG Minas Gerais 5 LIGHT Eletrobras 6 CPFL Sao Paulo 7 EEE Rio Grande do Sul 8 COPEL Parana 9 ELETROSUL Eletrobras 10 CHESF Eletrobras 11 CELESC Santa Catarina 12 ELETRONORTE Eletrobras 13 COELBA Bahia 14 CERJ Rio de Janeiro 15 CELPE Pernambuco 16 CELG Goias 17 COLCE Ceara 18 CEB Brasilia 19 ENERSUL Mato Grosso do Sul 20 CEMAT Mato Grosso 2,587 2,095 2,106 1,184 925 806 615 615 590 524 376 371 347 292 271 215 192 156 117 113 *Shares are publicly traded. Sources: Getulio Vargas Foundation; Melhores & Maiores. * 70 * índice próxima página 6,717.8 13,476.2 11,742.5 7,112.9 6,532.5 2,265.3 3,262.8 4,013.2 5,569.3 14,107.3 1,289.1 16,927.7 983.8 175.8 585.3 1,200.9 371.3 422.0 450.4 307.2 Market Share (%) *18.5 13.0 *12.5 *8.6 *6.8 *5.7 *4.9 *4.9 4.6 *4.2 2.8 2.5 *2.4 *1.9 1.7 *1.5 1.4 1.0 0.8 0.8 Bernardo Kucinski The Privatization of Brazil’s Electricity Sector A profile of the major electric utilities The generation business is very concentrated. Five companies control 95% of capacity. They are Eletrobras and its subsidiaries with nearly 40% of the market, Itaipu with 24%, CESP with 18%, Cemig with 9% and Copel with 5%. Distribution, on the other hand, is spread among a large number of companies. The largest are Eletropaulo with 22% and Cemig with 13%. Light, soon to be privatized, has 9% of the distribution market. The Eletrobras System About 56% of the distribution market is spread among 30 companies. But in Sao Paulo state three utilities alone control 32% of the national distribution market. Besides Eletropaulo (22%), CPFL has another 6% and Cesp has 4%. This explains why the outcome of the splitting of the supply system into generation, transmission and distribution will be largely determined by the Sao Paulo state authorities. Eletrobras functions simultaneously as a holding company for the federal electricity system and as the top federal agency for electric energy planning, financing, coordination, and supervision. It also controls the transmission systems. As a holding company, it has four regional subsidiaries, plus a 50% share of Itaipu Binacional, 75% of Nuclen (the country’s nuclear engineering company), a majority stake in Light, minority participation in 26 state concessionaires, and a 15% share of recently privatized Escelsa. Planning, construction and operation of specific concessions and projects are carried out directly by the regional subsidiaries. Altogether, the Eletrobras system comprises 68 power plants, accounting for 54% of national generating capacity, 32% of transmission lines and 4% of the distribution grid. Eletrobras (Centrais Eletricas Brasileiras SA) was created in 1961 by Law 3890 to promote the recovery of the power system after a long period without investments. Today it has more assets than any other Brazilian company: net assets are US$62.6 billion and total assets are US$76.5 billion. (Figures are from December 1994). STATE POWER SECTOR RATIOS Best Margins CEMIG 9.9 CELESC 3.8 CELG 3.4 CESP 3.4 COPEL 2.8 Liquidity CELESC CELPE LIGHT ENERSUL COPEL 1.86 1.21 1.13 0.53 0.60 Indebtedness CELESC LIGHT 15.9 16.8 ELETRONORTE18.5 ELETROSUL20.7 COPEL 24.1 Growth Eletrobras has significantly improved its financial situation since the 1993 financial reorganization of the power sector. Its net sales went up from US$5.2 billion in 1993 to US$5.7 billion in 1994, and its return on capital increased from 1.1% to 2.9%. During the first half of 1995, net profits were three times that of the same period in 1994. ENERSUL42.3 EEE 40.1 COPEL 31.4 CPFL 13.0 CEMAT 12.6 Source: Maiores & Melhores, 1994. Margins are on total investments (%); liquidity is the ratio between total assets and receivables over total liabilities; indebtedness measures total debt over assets. página anterior * 71 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector A profile of the major electric utilities systems. Chesf has 9,900 employees and one of the lowest rates of net sales per employee (US$50,000). SISTEMA ELETROBRAS Controlling Share Region (%) ELETRONORTE CHESF FURNAS ELETROSUL LIGHT NUCLEN 98.82 99.52 99.54 99.71 81.61 75.00 In 1994, using approximately US$500 million in credits from the settlements of the national tariff equalizing account (CRC), Chesf renegotiated its federally guaranteed debts and also rescheduled some US$2.5 billion worth of debts to Eletrobras. Chesf ’s 1994 losses reached US$197 million. Its net assets are estimated at US$14 billion, or US$300 per share. Chesf is still to receive an estimated US$145 million in credits from five state concessionaires that are its major clients. The Ceara state concessionary alone (Ceal) owes Chesf more than US$60 million for supplying power. The Bahia state concessionaire (COELBA), which takes more than 28% of all Chesf ’s energy, owes it nearly US$10 million. However, Chesf lost a US$1.9 billion lawsuit brought against it by construction firm Mendes Junior because of delayed payments. Chesf still refuses to pay, even after the judge’s order. CapacityInvestment MW (US$ bn) North/C. West 5,274 Northeast 7,704 Southeast/C. West 8,132 South 3,602 Southeast 15.511 13.423 12.497 5.694 5.113 ELETROBRAS FINANCIAL RETURN STATEMENT, 1994 (in US$ billions) Current assets9.083Current liabilities3.807 Noncurrent assets 14.899 Noncurrent liabilities 12.503 Investments53.865Equity61.537 Total77.847 77.847 Net sales Net Profit Return on investment 5.693 1.79 2.9% Chesf ’s main operational obstacles for years to come will be the shortage of transmission lines. (It has some 15,630 KM of medium- and highvoltage lines and 12,263 MVA transforming capacity.) In December 1994, the company forecast that demand in its area would grow by 5.5% per year until 2003, when it would reach 60.1 million MWh per year — a quantity that Xingo will be able to supply with its six generators. But construction of Xingo has absorbed all Chesf ’s resources, and now the company needs an estimated US$250 million to build several lines to bring Xingo’s energy to Recife, Bahia, Alagoas and Fortaleza. A second stage will require an additional US$240 million to set up 665 km of transmission lines, as well as substations, to handle an additional 1,800 MW of Xingo’s 3,000 MW installed capacity. (1993 = 5.202) (1993 = 654) (1993 = 1.1%) Source: Smith New Court calculations, corrected for the Escelsa privatization; DataFolha. ELETROBRAS GENERATORS Chesf (Centrais Eletricas do Rio Sao Francisco) Chesf operates 16 hydroelectric plants with 7,271 MW capacity, and 20 small thermoelectric plants with 432 MW, totalling 7,704 MW altogether. Its operating system, covering the entire Northeast, is divided into four subsystems, all interconnected. Two are also connected to Eletronorte’s página anterior * 72 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector A profile of the major electric utilities Rio Grande do Sul. It generates 40% of the power it sells and takes the rest from Itaipu Binacional, through Furnas. But Eletrosul also supplies Furnas with 40% of its own generating capacity. The interchange is due to the alternation between rainy seasons in the South and the Southeast. The company has 3,602 MW installed capacity, 8,197 km of transmission lines and 13,777 MVA transforming capacity. Chesf ’s generating capacity is also limited by hydrological conditions in the Southeast. Under very adverse conditions, the company might have to ration secondary energy to eletrointensive industries. Solutions include setting up standby thermoelectric plants or buying from Eletronorte, but at a higher tariff in order to cover transmission costs. Eletrosul made considerable progress in 1994, trebling its profits to US$16.4 million, cutting operating costs by about 9% and paying some of its outstanding debts. But it still has a high proportion of short-term debts. Eletronorte Eletronorte operates the Tucurui system, plus a few other isolated systems. Tucurui supplies part of the states of Para and Maranhao, including the capital cities of Belem and Sao Luiz. The system is connected to Chesf ’s Northeast grid by a 500 KV line. The isolated systems supply the state capitals Rio Branco, Manaus, Macapa, Porto Velho and Boa Vista. Overall, it has 5,374 MW installed capacity, 5,848 km of transmission lines and 13,701 MVA transforming capacity. In nearly all systems, local distribution is handled by state concessionaires. Eletrosul may seek private partners to develop two hydroelectric concessions that have long been forgotten: Machadinho, on the river Marcelino Ramos, with 1,200 MW and an estimated cost of US$750 million, and the 1,170 MW Capanema on the Iguacu river, which was never formally studied. The company recently succeeded in getting a consortium to complete its Ita hydroelectric plant. It is also trying to put together a consortium to complete the 350 MW Jacui thermoelectric plant, for which an additional US$245 million is needed to complete it by 1997. Eletronorte has staged a partial financial recovery. It used most of its US$500 million in receivables from the RCR to pay debts. Its net assets total US$16.9 billion, or US$230 per share. One of its major projects is setting up of a second high-voltage transmission line from Tucurui to Vila do Conde, to supply the Alunorte/Albras aluminium complex and the city of Belem, at a cost of US$100 million. Furnas Furnas operates at the core of the Southeast/CentralWest system, transporting Itaipu’s energy and maintaining supply contracts with all major concessionaires of the major consuming states. It has 8,123 MW installed capacity, not counting the Brazilian half of Itaipu, 15,213 km of transmission lines and more than 60,000 MVA transforming capacity. Eletrosul Eletrosul supplies nearly half of all the electric energy distributed by the state concessionaires of the southern states of Parana, Santa Catarina and página anterior * 73 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector A profile of the major electric utilities Furnas became a lame duck because it was designated to take over the money-losing nuclear plant Angra I and because of the gross cost overruns of Itaipu. gains from the fall of the dollar against the real, because it buys 33% of its energy from Itaipu, whose sales are pegged to the dollar. The BNDES has mentioned US$2 billion as Light Operational’s probable value. First Boston estimates that Light Operational is worth up to US$4.4 billion. Its net assets book value, with Eletropaulo, is US$8.6 billion. Even if the government only auctions a majority stake and not the entire number of shares, the deal will be worth more than US$1.5 billion. The Privatization Of Light This is the next major utility set to be privatized after Escelsa, the Espirito Santo state utility. Rio de Janeiro state company Light is the fifth-largest Brazilian company in terms of sales, with more than US$1.8 billion gross sales a year, and more than US$920 million net sales. It supplies 10 million customers, or nearly 70% of the Rio de Janeiro area. Its privatization poses considerable problems, which are currently being tackled by Trevisan Consultores, a consulting group commissioned by the BNDES (National Development Bank). Light’s main operational problems are the deteriorated state of its distribution grid, its high investment needs, and its high loss rate, which is due to lack of meters and to many illegal connections, reaching 17.4% of total supply. The Sao Paulo State Concessionaires Cesp Light is estimated to be worth US$4.5 billion, but this includes a 47.52% share held by Eletropaulo, which is controlled by the bankrupt state of Sao Paulo. To overcome the problem of Eletropaulo participation, Light will be divided up, and only its Rio de Janeiro section — probably to be called Light Operational — will be privatized. Light’s stake in Eletropaulo will be put under the umbrella of a new company called Light Participacoes. Light is also owed US$1.1 billion from an Eletropaulo debenture issue, which has yet to be settled. This is the third-largest Brazilian company by sales and one of the most overstaffed. Its US$360 million in profits in 1994 was largely fictional, due to the offsetting of exchange differences in Cesp’s foreign debt. The company was heading toward a US$600 million loss in 1995, according to estimates early in the year. It had 19,592 employees in December 1994 and US$8.5 billion in debt. Since then, nearly 5,600 employees have been laid off or accepted a voluntary leave agreement. Cesp is trying to reduce its debt burden by issuing floating notes in the international market at interest rates much lower than domestic ones. Operational costs have been cut by US$750 million. But Cesp needs to cut another US$1 billion in costs to achieve general stability. Light has had satisfactory returns, though often offset by losses incurred by Eletropaulo. During the first half of 1995, it incurred losses of US$27 million because of Eletropaulo’s negative performance; without Eletropaulo it would have had profits amounting to US$60 million. In 1994, Light’s average tariff went up from US$49/MWh to US$60/MWh. It also made página anterior * 74 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector A profile of the major electric utilities during fiscal year 1996. Eletropaulo owns many properties that are now being examined for future sale. Cesp has decided to halt investment in generation, and it has canceled studies on a number of small plants. These concessions were already canceled by DNAEE and will be offered at public auction. To complete Canoas III, it will seek partnership with private capital. The Canoas complex needs only US$140 million to be completed. Preparation of the auction notice is underway. CPFL The company, which serves mostly outlying areas, is being restructured into three business units, each devoted to one large region. About 20% of CPFL customers are large-scale consumers that will be able to buy energy from other concessionaires, including Cemig, at a lower price. CPFL is trying to reduce its number of employees, but with marginal results so far. It projects US$380 million in losses in fiscal year 1995. Its debts total US$5.6 billion. Eletropaulo Eletropaulo is Brazil’s largest electricity utility in terms of sales, with more than US$5 billion gross sales per year and nearly US$2.6 billion in net sales. It is almost exclusively an electricity distributor. For this reason, its net assets are relatively smaller, totalling US$ 6.7 billion. With 21,454 employees, it is the largest payer of valued added tax in the state. Cerj Its finances are severely out of balance. The company lost US$860 million in 1993 and US$470 million in 1994, according to government accounting. During the first half of 1995, its losses totalled US$250 million. Its total debt is US$5 billion. The Companhia Eletrica do Rio de Janeiro is basically an electricity distributor. It buys 69% of its energy from Furnas and another 28% from Itaipu. Only 3% comes from its own generators. It serves about 5 million customers, including the major towns of Niteroi and Sao Goncalo, and the Paraiba valley area, which is developing as a new industrial district. Cerj has net assets of US$175.8 million and estimated credits of US$ 165 million with Eletrobras’ CRC. In 1994 its sales totalled US$386 million, but with US$120 million in losses. Besides a tradition of bad management, Cerj’s major problems are overstaffing and a high energy loss rate. The company’s 5,700 employees can immediately be trimmed to 4,200. The energy loss, mostly due to lack of meters and regulation, reaches 25% of total supply, in contrast to the national average of 10%. The lower 1994 loss was exclusively due to the fall in inflationary losses as the currency stabilized; operating costs continued to grow, from US$2.8 billion in 1993 to US$ 3.8 billion in 1994, largely due to the higher cost of electricity as a result of the new tariff policy. (Eletropaulo buys up to 95% of the electricity that it distributes.) It is not operating its Cubatao hydroelectric plant because of environmental restrictions. To control ballooning costs, Eletropaulo has laid off nearly 500 employees. But it must cut US$1.5 billion in operating costs to reach stability. Company officials say they believe they can cut half the amount página anterior * 75 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector A profile of the major electric utilities became a profitable company, with the second-highest rate of return for power utilities in the country (4%). It now plans to significantly expand its generating capacity. Ita will generate energy at very low cost — only about US$18 per MWh. Campos Novos, with 880 MW, will cost US$650 million. Celesc may be able to generate more than 4,000 TWh of electricity by the year 2000, making it the state’s largest company. Nonpayment of electricity bills amounts to 25% of total billing. CEMIG Cemig is one of the best-managed electricity utilities. It handles 17% of the Southeast market. Its main problems are a large concentration of large-scale consumers who pay low tariffs, and the fast pace of economic development in Minas Gerais, which necessitates rapid expansion in generating capacity. Industry takes 67% of Cemig’s energy. The company’s main emphasis is on increasing generating capacity, but it is also expanding its grid significantly. It plans to invest US$3 billion by the year 2000, of which US$1.3 billion will be allotted to generation, US$580 million to transmission and the rest to distribution. Cemig’s 1994 profits were US$701 million. It completed the 510 MW Nova Ponta hydroelectric plant in 1994, and its new Miranda hydroelectric plant, with 390 MW installed capacity, will start generating in 1997. To complete the Igarapava plant, Cemig entered into a partnership with a private consortium. This is the model it wants to promote for other plants. Celesc Santa Catarina’s electric utility is seeking a private partnership to complete four hydroelectric plants in addition to Ita, which has already been taken over by a consortium. But there are no plans to privatize the company outright. Celesc suffered regular losses until 1994, when it página anterior * 76 * índice próxima página The Privatization of Brazil’s Electricity Sector Charts página anterior próxima página índice Brazilian States página anterior * 78 * índice próxima página Power System página anterior * 79 * índice próxima página Path of the proposed Bolivian-Brazilian gas pipeline Editoria de Arte/ Gazeta Mercantil Fonte: Agência de Desenvolvimento Tiête-Paraná página anterior * 80 * índice próxima página ANNEX I CONCESSIONS FOR EXCLUSIVE USE HYDROELECTRIC PLANTS UNDER CONSIDERATION AT DNAEE ABOVE 10 MW December 1994 A- Hydroelectric projects for exclusive use already approved by the DNAEE, but not yet under construction. B- Hydroelectric projects for exclusive use authorized to undertake feasibility studies; C- Applications for exclusive use hydroelectric plants not yet granted authorization for project studies; página anterior * 81 * índice próxima página A- Hydroelectric projects for exclusive use already approved by the DNAEE, but not yet under construction; Name OwnerRiver(MW)MunicipalityState GATOS I CARAIBA METAIS Formoso20.00BA GATOS III CARAIBA METAIS Formoso15.00BA MUNIZ FREIRE I SAMARCO Pardo14.00Muniz FreireES CAMPINHOCPM Jucu - Braço Norte46.80Domingos Martins ES GUILMAN - AMORIM BELGO / CAUE Piracicaba 140.00 Antõnio Dias MG ALMAS ITALMAGNESIO Sono21.00João PinheiroMG GRACAS ITALMAGNESIO Sono21.00João PinheiroMG AGUA BRANCA ITALMAGNESIO Sono12.00João PinheiroMG PICADA CPM Peixe50.00Simão PereiraMG SOBRAGI CPM Paraibuna80.00Juiz de ForaMG CANDONGA EPP Doce103.00Rio DoceMG QUARTEL MENDES JUNIOR Paraúna123.00GouvêiaMG RODEADO RIMA Pardo Grande55.00Augusto LimaMG JEQUITAI II CODEVASF Jequitai12.00JequitaiMG PILAR I FIAT ENERGIA Piranga170.00Ponte NovaMG PORTO ESTRELA MENDES JUNIOR Santo Antônio112.00JoanésiaMG TRAIRA MENDES JUNIOR Suaçui Grande90.00PeçanhaMG FUNIL MINAS LIGAS/RIO NOVO Grande164.00LavrasMG JUBINHA I ITAMARATI NORTE S.A. Jubinha11.00Barra do BugresMT JAURU CINCO ESTRELAS Jauru70.00JaurúMT ITIQUIRA I TRIUNFO AGROPECUÁRIA Itiquira61.20ItiquiraMT JUBINHA II ITAMARATI NORTE S.A. Jubinha16.00Barra do BugresMT ITIQUIRA II TRIUNFO AGROPECUÁRIA Itiquira94.80ItiquiraMT SANTO ANTONIO CIA. DO JARI Jari100.00AlemirimPA ITAPEUARA CAEMI Jari360.00AlmerimPA FREGUESIA PISA Ribeira do Iguape60.00Cerro AzulPR PACA GRANDE TE EMPREENDIMENTOS Paca Grande 70.00 Angra dos Reis RJ FAZENDA DA BARRA INGÁ Grande31.00Bom JardimRJ BOM RETIRO MOINHO ESTRELA Taquari23.50Cruzeiro do SulRS PIRAJU CBA Paranapanema70.00PirajuSP TIJUCO ALTO CBA Ribeira do Iguape144.00RibeiraSP TOTAL: 2,416.70 página anterior * 82 * índice próxima página B- Hydroelectric projects for exclusive use authorized to undertake feasibility studies; NameRiver (MW)MunicipalityState ROQUE DE SOUZA PENNAFORT Cricou 30.00 Oiapoque AP SANTA LUZIAGrande 32.00São DesidérioBA JATOBAGrande18.00São DesidérioBA ITUMIRIMCorrentes50.00AporéGO BONFANTEParaibuna20.10ChiadorMG QUEIMADOPreto111.00UnaiMG BARRA DO BRAUNAPomba48.00RecreioMG MONTE SERRATParaibuna22.00ChiadorMG RETIROParaopeba110.00PompeuMG BAÚ IPiranga64.73Santa Cruz do Escalvado MG TRAVESSÃOManhuaçu113.00AimorésMG FUNILGuanhães34.00Dores do Guanhães MG CACHOEIRÃOManhuaçu61.00AlvarengaMG MANHUAÇUManhuaçu110.00IpanemaMG MUCURIMucuri43.00PavãoMG TABOCACorrentes57.00Pedro GomesMS ÁGUA ENTERRADACorrentes39.00Pedro GomesMS PONTE DE PEDRACorrentes188.00Pedro GomesMS TENENTE AMARAL Tenete Amaral 20.00JaciaraMT SALTO DAS NUVENS Sepotuba 30.00 Tangara da Serra MT BURITYBuriti15.80Campo Novo do Parecis MT SÃO JOÃOSão João18.00PrudentópolisPR QUARTELAlapó28.00CastroPR SANTA ROSA IIGrande34.00CordeiroRJ MONJOLINHOPasso Fundo72.00São ValentimRS DON MARCOJacuí18.50Rio PardoRS AMARÓPOLISJacuí12.50General CamaraRS QUIRIRIQuiriri12.00JoinvileSC BRUACABruaca12.00CurupáSC CAPIVARICapivari25.00São MartinhoSC CAMBURUCamburu25.00CaraguatatubaSP TOTAL:1,473.63 página anterior * 83 * índice próxima página C- Applications for exclusive use hydroelectric plants not yet granted authorization for project studies: NameRiver (MW)MunicipalityState BENEVENTEBenevente 16.00Alfredo ChavesES PORTEIRA IIMaranhão 120.00Barro AltoGO BURITIS QUEIMADOS Almas 130.00 São Luiz do Norte GO PASSA NOVEMaranhão 150.00Barro AltoGO BÁLSAMOCorrente 57.00AporéGO MARANHÃOMaranhão 116.00Assunção de GoiásGO PARAÍSO São Marcos 41.00CatalãoGO SÃO MIGUELGrande60.50ItutingaMG CORRENTE GRANDE Corrente Grande 36.00AçucenaMG FORTUNACorrente Grande20.00GuanhãesMG BARRA DA PACIÈNCIA Corrente Grande 25.00AçucenaMG BAGUARIDoce169.00AçucenaMG UNAÍPreto25.00UnaiMG ILHA GRANDEPiranga101.00Ponte NovaMG DORES DE GUANHÃES Guanhães 23.00 Dores do Guanhães MG PARAÚNAParaúna30.00GouvéaMG NAQUEDoce123.00Belo OrienteMG AIRUOCAAiruoca20.00AiruocaMG MURTAJequitinhonha110.00Coronel MurtaMG SANTA BARBARA Santa Barbara 19.00 Sao Goncalo do Rio Abaixo MG FAZENDA VELHA Santa Barbara 30.00 Sao Goncalo do Rio Abaixo MG AÇAFRÃOPiracicaba26.00São Gonçalo do Rio AbaixoMG MONJOLOPeixe27.00Mato DentroMG PEIXE BRAVOParaopeba40.00Pará de MinasMG SALTO TRATEXTeles Pires200.00Colider MT SALTO SAO LOURENCO Sao Lourenco 200.00 Rondonopolis MT CHUVISCOErepecuru37.00OriximinaPA MANIVATrombetas83.00OriximinaPA QUELUZ Paraiba do Sul 28.50QueluzRJ FORTALEZA Paraiba do Sul 28.50QueluzRJ MACAEMacaé50.00LumiarRJ MAMBUCABAMambucaba135.00Angra dos ReisRJ TOTAL:2,276.50 página anterior * 84 * índice próxima página ANNEX II POWER PROJECTS TO BE OFFERED IN PUBLIC BIDDING The official DNAEE list of 72 plants to be submitted to public bidding in the period 1995-2004. Ten plants are gas fueled thermoelectric and 62 are hydroelectric. HYDROELECTRICS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Bidding Date Plant Name 08/95 08/95 10/95 10/95 10/95 12/95 12/95 06/96 08/96 09/96 12/96 12/96 04/97 12/97 12/97 12/97 I/98 I/98 II/98 II/98 II/98 II/98 II/98 II/98 II/98 II/98 II/98 II/98 II/99 II/99 São José Carrapatos Rosal Sapucaia/Anta Cubatão Campos Novos Bocaina Simplicio Irapé Cana Brava Sitio Grande Santa Clara Funil-Ribeira S. Quebrada Itapebi Porteira Capim Branco Sacos Cebolão Jataizinho Cotingo Anhanguera Palmeiras Retiro Monjolinho São Sebastião São Domingos Franca Amaral Lajeado Estreito River/State Pardo\SP Pardo\SP Itabapoana/RJ/ES Par. do Sul RJ/MG Cubatão/SC Uruguai/SC Paranaiba/MG/GO Par. do Sul/RJ/MG Jequitinhonha/MG Tocantins/TO Das Fémeas/BA Mucuri/BA Rib.do Iguape/SP Tocantins/TO Jequitinhonha/BA Trombetas/PA Araguari/MG Formoso/BA Tibagi/PR Tibagi/PR Cotingo/RR Sapucai/SP Sapucai/SP Sapucai/SP Sapucai/SP Sapucai/SP Sapucai/SP Itabapoana/RJ Tocantins/TO Tocantins/TO página anterior * 85 * índice Potential (MW) 19 17 55 316 45 880 150 180 420 450 19 23 150 1328 375 714 600 114 194 192 68 20 15 15 4,7 19 13,9 33 800 1000 próxima página 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Bidding Date Plant Name II/99 II/99 II/99 2000 2000 2000 2000 2001 2001 2001 2001 2001 2001 2001 2001 2001 2001 2001 2001 2001 2002 2002 2002 2002 2002 2002 2003 2003 2003 2003 2004 2004 Belo Monte S. da Divisa S.Isabel(baixo) Barretos Peixe Viradouro Salto Pilão Itaocara São Fidelis Ourinhos Couto Magalhães Serra do Facão Ipueiras Formoso Barra do Peixe Mauá São Jerônimo Barra Grande Ji-Paraná Teles Pires Pedra do Cavalo Batatal Resplendor II Murta Foz do Bezerra São Domingos Baguari I Telémaco Borba Foz do Chapecozinho Fundão Jaborandi Sapucai River/State Xingu/PA Jequitinhonha/MG Araguaia/TO Pardo/SP Tocantins/TO Pardo/SP Itajai-açu/SP Paraiba do Sul/RJ Paraiba do Sul/RJ Paranapanema/SP Araguaia/GO São Marcos/GO Tocantins/TO São Francisco/BA Tocantins/TO Tibagi/PR Tibagi/PR Pelotas/SC Ji-Paraná/RO Teles Pires/MT Paraguaçu/BA Rib.do Iguape/SP Doce/MG Jequitinhonha/MG Paraná/TO Paraná/TO Doce/MG Tibagi/PR Chapecó/SC Jordão/PR Pardo/SP Sapucai/SP Potential (MW) 11000 541,5 1300 61 1106 45 133 210 123 48,4 200 210 600 300 450 388 284 880 512 1500 300 95 363 110 300 200 169 128 184 154 61 12 TOTAL29,187.5 página anterior * 86 * índice próxima página THERMOELECTRICS (NATURAL GAS) Bidding Date 1 10/95 2 01/96 3 01/97 4 01/97 5 07/97 6 12/97 7 12/98 8 03/99 9 09/99 10 TOTAL Plant Name Municipality/Stat CORUMBA I CAMPO GRANDE MAUÁ 7/8 CAIARI APARECIDA 7/8 GÁS DA BOLIVIA /SP REPLAN I CORUMBÁ II CAMPO GRANDE II 09/02 CORUMBÁ/MS CAMPO GRANDE/MS MANAUS/AM PORTO VELHO/RO MANAUS/AM A DEFINIR/SP A DEFIMR/SP CORUMBÁ/MS CAMPO GRANDE /MS CAMPO GRANDE III Capacity (MW) 57,9 100,0 160,0 240,0 100,0 1500/2000 350 57,9 100,0 CAMPO GRANDE/MS 70,0 2735.8 ,/ 3235.8 página anterior * 87 * índice próxima página USEFUL ADDRESSES AND TELEPHONE NUMBERS Brazil’s country code for telephone calls is 55. ABRACE (Brazilian Association of Large-Scale Energy Consumers/Assossiação Brasileira de Grandes Consumidores de Energia) Av. Paulista 1439, 11 andar. CEP 01311926 - Sao Paulo, SP Phone: (11) 284-3570/284-4965 Fax: (11) 288-3882 Executive Secretary: Paulo Ludmer ACCE (Brazilian Association of Power Plant Builders) Assossiação de Construtores de Energia)| Rua Arizona 1366, 10 andar. CEP 04567003 - Sao Paulo, SP Phone: (11) 5326548/530-6821 Fax: (11) 533-4660 Executive Secretary: Carlos Alberto Felizola Freire / Chairman: Mario C. de Oliveria Pinto BNDES (National Bank for Economic and Social Development Banco Nacional de Desarollo Economico e Social) Av. Republica de Chile 100. CEP 20139900 - Rio de Janeiro, RJ Phone: (21) 277-7447 Fax: (21) 533-1572 Chairman: Edmar Bacha / Head of Privatization: Helena Landau BRAZILIAN NATIONAL COMMITTEE OF THE WORLD ENERGY COUNCIL Rua Real Grandeza 219, 6 andar. CEP 22283 - Rio de Janeiro, RJ Phone: (21) 246-8593 Fax: (21) 226-0508 Telex: (21) 212-1166/213-6471/213-8663 Executive Secretary: Jose Magalhaes da Silva CESP Rua Ministro Rocha Azevedo 25. CEP 01410900 - Sao Paulo, SP Phone: (11) 287-1026 Chairman: Andrea Matarazzo página anterior * 88 * índice próxima página DNAEE (National Department of Water and Electrical Energy/Departamento de Aguas e Energia Elétrica) SGAN, Quadra 603Módulo J, 2 andar. CEP 70830030 - Brasilia, DF Phone: (61) 226-5074/321-5158 Fax: (61) 821-5482 Director: Jose Said Britto Phone: (61) 225-2617/223-4592 Fax: (61) 321-5482 Deputy Director: Demostenes Barbosa da Silva Coordinator for Tariffs: Evaldo Melo da Paz Coordinator for concessions: Eduardo Alberto La Rosa Phone: (61) 224-2599 DNC - Departamento Nacional de Combustiveis Setor de Grandes Areas Norte - Quadra 603 Modulo H. 70830 - Brasilia - DF Chairman: Ricardo Pinto Pinheiro DNPM - NATIONAL DEPARTMENT OF MINERAL PRODUCTION/ DEPARTAMENTO NACIONAL DE PRODUCAO MINERAL (Coal) SAN, Quadra 1, Bloco B. CEP 70040200 - Brasilia, DF Phone: (61) 226-0444 Fax: (61) 223-5818 Deputy Director: Otto Bittencourt Netto ELETROBRAS (Centrais Eletricas Brasileiras S/A) Av. Presidente Vargas 642, 10 andar. CEP 20079 - Rio de Janeiro, RJ Phone: (21) 226-2125 Dept. of Economic and Market Studies: Keynes Bolivar Phone: (21) 242-2694/296-3939 MINING AND ENERGY MINISTRY National Energy Secretariat. Esplanada dos Ministerios, Bloco R, 3 andar. CEP 70044 - Brasilia, DF. National Secretary for Energy: Peter Greiner Phone: (61) 225-4072 PETROBRAS (Petroleo Brasileiro S.A.) Av. Republica do Chile 65, 8 andar. CEP 20035 - Rio de Janeiro, RJ Chairman: Joel Renno Phone: (21) 2237953 página anterior * 89 * índice próxima página PRESIDENCY OF THE REPUBLIC Strategic Affairs Secretariat/Secretaria Nacional de Assuntos Estrategicos Palacio do Planalto - Brasilia, DF Office head: Marllia de Barros Santos Phone: (61) 211-1193/211-1729/211-1424 REDE (Empresas de Energia Eletrica/Association of five independent producers of energy) Av. Paulista 2439, 4 andar. CEP 01311-300 - Sao Paulo, SP Phone: (11) 883-8111 Fax: (11) 644-4100 Chairman: Jorge Queiroz de Moraes, Jr. SOCIEDADE PRIVADA DE GAS (Private Gas Association) Rua 9 de de Julho 5229. Sao Paulo, SP - Phone: (11) 8836778 Contact: Ayrton Bassani For General Statistics FUNDACAO INSTITUTO BRASILEIRO DE GEOGRAFIA E ESTATISTICA - FIBGE Av. Franklin Roosevelt, 166. 20021 - Rio de Janeiro - RJ SECRETARIA NACIONAL DE ENERGIA - SNE Departamento Nacional de Desenvolvimento Energetico - DNDE Esplanada dos Ministerios, Bloco R - 3° Andar. 70044 - Brasilia - DF página anterior * 90 * índice próxima página Bernardo Kucinski The Privatization of Brazil’s Electricity Sector Glossary of names of key businesses, government agencies and companies BANERJ: Banco do Estado de Rio de Janeiro. State Bank of Rio de Janeiro ELETRONORTE: Centrais Eletricas do Norte do Brasil S.A. North/Central-West regional electric company; subsidiary of Eletrobras BANESPA: Banco do Estado de Sao Paulo. State Bank of Sao Paulo ELETROPAULO: Eletricidade de Sao Paulo. Sao Paulo state electric company BNDES: Banco Nacional de Desarollo Economico e Social. National Bank for Economic and Social Development, acts as privatization agency and manages privatization fund, which receives shares of government companies to be privatized ELETROSUL: . Southern regional electric company; subsidiary of Eletrobras ENERSUL: Empresa de Energia do Sul do Brasil CELESC: Companhia de Eletricidade do Estado de Santa Catarina. Santa Catarina state electric company FURNAS: Southeast/Central-West regional electric company; subsidiary of Eletrobras IBAMA: Instituto Brasileiro de Meio Ambiente. Brazilian Environmental Institute (federal environmental protection agency) CEMAT: Centrais Eletricas Matogrossense, S.A. Mato Grosso state electric company CEEE: Companhia Estadual de Energia. Rio Grande do Sul state electric company LIGHT: Light Servicos de Eletricidade. Rio de Janeiro state electricity distributor CEG: Companhia Estadual de Gas. Rio de Janeiro state gas company NUCLEN, Servico: nuclear energy program; Eletrobras subsidiary CEMIG: Companhia de Eletricidade de Minas Gerais. Minas Gerais state electric company PETROBRAS: Petroleos Brasileiros S.A.. federal oil and gas company CEPISA: Centrais Eletricas do Piaui. Piaui state electric company SINTREL: Sistema Nacional de Transmision Energia Eletrica. National System for the Transmission of Electric Energy (national electricity grid) CERJ: Companhia Eletrica do Rio de Janeiro. Rio de Janeiro state electric company CESP: Companhia Energetica de Sao Paulo. Sao Paulo state energy company TELEBRAS: Telecommunicacoes Brasileiras S.A.. federal telecommunications holding company CHESF: Centrais Eletricas do Rio Sao Francisco. Northeast regional electric company, subsidiary of Eletrobras COELBA: Companhia de Eletricidade de Bahia. Bahia state electric company COELCE: Companhia Energetica do Ceara. Ceara state energy company COMGAS: Companhia Gas de Sao Paulo. Sao Paulo state gas company COPEL: Companhia Paranaense de Energia. Parana state energy company CPFL: Companhia Paulista de Forca e Luz. Sao Paulo state light and energy company DNAEE: Departamento de Aguas e Energia Eletrica. National Department of Water and Electric Energy (federal energy regulatory agency) ENERSUL: Empresa de Energia do Sul do Brasil, S.A. Mato Gross do Sul state electric company ESCELSA: Espirito Santo Centrais Eletricas . former Espirito Santo state electricity distributor, privatized in July 1995; was subsidiary of Eletrobras ELETROBRAS: Centrais Eletricas Brasileiras S.A. federal electricity holding company, also historically has acted as regulatory agency; part of mining and energy ministry página anterior * 91 * índice próxima página