Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

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Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy

Transcript of Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Page 1: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Toolkit: Approaches to Private Participation in Water Services

Module 4

Setting Upstream Policy

Page 2: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Introduction:

Navigating through this E-Learning Module This is one of 9 Toolkit e-learning Modules. Each Module is created in PowerPoint, and you advance through the Module by pressing the right arrow or ‘Enter’ button. Core Module: The Module takes you sequentially through four or five major issues, depending on the Module. The progress through the Module is shown by the colored area on a logo on the top right hand corner of each slide. Here is an example: Supplementary Content: The Core module covers all key issues. However, you can choose to access additional information. These supplementary slides can be accessed by passing the cursor over colored buttons. The button colors relate to issues of various levels of detail:

Navigation through the supplementary material is also by pressing the right arrow or ‘Enter’ button. At the end of each section you will return automatically to the core Module. However, there is an extra button (to pass over) on the top right hand of each supplementary page that gives you the option of a shortcut back to the core Module:

Basic Concept Detail

Expert insight

Supplementary Information / Case studies

Back to Module

E-learning design: [email protected]

Page 3: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Elements of the Toolkit

TOOLKITTOOLKIT

1ConsideringPrivate Participation

2Planning the Process

5Standards, Tariffs, Subsidy, Financials

4Setting Upstream Policy

3Involving Stakeholders

6Responsibilities & Risks

7Developing Institutions

8Designing Legal Instruments

9Selecting an Operator

Additional MaterialCD-ROM

Appendix BPolicy Simulation

Model

Appendix AExamples of PP Arrangements

Page 4: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

General Outline of Toolkit

TOOLKITTOOLKIT

1ConsideringPrivate Participation

2Planning the Process

4Setting Upstream Policy

3Involving Stakeholders

6Responsibilities & Risks

7Developing Institutions

8Designing Legal Instruments

9Selecting an Operator

Additional MaterialCD-ROM

Appendix BPolicy Simulation

Model

Appendix AExamples of PP Arrangements

Module 4

5Setting Service

Standards, Tariffs, Subsidies &

Financial Arrangements

Module 4

Setting Upstream Policy

Page 5: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Module 4 - What will we learn?

Management Contract for

Jordan Valley Authority,

Irrigation Water Supply, may be

the first of its kind.

How do we DEFINE an appropriate

Market structure

for the Water Sector?

What are the

Responsibilitie

s of other

levels of

Government?

How do we IDENTIFY the level of Government to be responsible for water services?

COMPETITION – how can we establish it?

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Module 4 Setting Upstream Policy

Identify the Reform

Leader (Module 2)

SETTING UPSTREAM POLICY

In this Module we look at the issues that Governments need to address to set Policy upstream from the design of the Private Participation Arrangement

This involves three broad topics

These steps do not need to be considered in sequence, as the results are often examined simultaneously as the reform strategy develops

Introduce Private Participation

ALLOCATE Responsibilities to different

levels of Government

DETERMINE Market Structure

ESTABLISH Competition Rules

Page 7: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Allocate Responsibilities Step 1 – Examining existing

3 Steps - ALLOCATE Responsibilities to different

levels of Government

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

Step 2. DECIDE Which level of Government should

be responsible for water service provision

3 Steps - ALLOCATE Responsibilities to different

levels of GovernmentStep 1. EXAMINE

Responsibilities under current law & institutional arrangements

In many countries, responsibilities for water services are spread between two or three levels of government. For Example

Federal states, like India, the constitution may assign roles to regional or state government, with some responsibility with central governmentLocal governments may be involved in reform at national levelEven in non-federal states the division of responsibility may not be clear

Example: Jamaica – service provision is at national level, with small systems and standpipe payments at local level. However, legal and financial relationships between utility and local government is not clearly defined. [See also Brazil case study]

“Systems can work well with distributed responsibilities, but introduction of private participation has to be done with care so as the change in roles does not cause conflict.”

“The first step is to identify current responsibilities of each level of Government, the legal and constitutional basis for these, and to identify any unclear areas”

Page 8: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Allocate Responsibilities at different Government Levels

ALLOCATE (In 3 Steps)Responsibilities to different

levels of GovernmentStep 1. EXAMINE

Responsibilities under current law & institutional arrangements

Step 2. DECIDE Which level of Government should

be responsible for water service provision

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

CREATE LEGAL INSTRUMENTS

These have to :

Be clear

Allocate appropriate responsibilities

Allocate adequate powers to each level of Government

Note:

This subject is covered in Module 8

“Dividing up the responsibilities for water services is a three step process, ………”“,……… then we need to set up the legal & institutional framework”

In this section we look at a three step ALLOCATION process:

Current legal responsibilities and institutionsDecide which level of Government to be responsible for water servicesDecide level of Government responsible for issues such as tariff setting, quality and managing water resources. Create legal instruments that allow this to happen, and adequate power to each level of Government

Page 9: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Allocate Responsibilities Step 1 – Examining existing

3 Steps - ALLOCATE Responsibilities to different

levels of Government

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

Step 2. DECIDE Which level of Government should

be responsible for water service provision

ALLOCATE (In 3 Steps)Responsibilities to different

levels of GovernmentStep 1. EXAMINE

Responsibilities under current law & institutional arrangements

“The first step is to identify current responsibilities of each level of Government, the legal and constitutional basis for these, and to identify any unclear areas”

Example: Question of Responsibility in Brazil

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Allocate Responsibilities Step 2 – Choose Level

“ Generally the tier of Government ( local, provincial or federal) responsible for water delivery should also be the Contracting Authority with the Private Operator”

3 Steps - ALLOCATE Responsibilities to different

levels of Government

Step 2. DECIDE Which level of Government should

be responsible for water service provision

Step 1. EXAMINE Responsibilities under current law

& institutional arrangements

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

Although the tier of government responsible for water services should generally be the Contracting Authority, many factors influence the choice of tier:

Need for collective choice mechanism: in order to set an equitable service level and tariff, best if control is at a local level, representing the area of service.

Different capacities at different levels of government: Provision of water services needs specialized technical and commercial skills that may be in short supply, and perhaps only available at national level.

Economies of scale: It may be more efficient to have a single service provider serving several towns and villages rather than a number of smaller providers.

Dilemma of regional water storage and transmission networks: These may cut across several local areas. It may be possible to separate regional transmission systems from local distribution systems.

Page 11: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Allocate Responsibilities Step 2 – Choose Level

“ Generally the tier of Government ( local, provincial or federal) responsible for water delivery should also be the Contracting Authority with the Private Operator”

ALLOCATE (In 3 Steps)Responsibilities to different

levels of Government

Step 2. DECIDE Which level of Government should

be responsible for water service provision

Step 1. EXAMINE Responsibilities under current law

& institutional arrangements

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

Example: Economy of Scale -Small towns in France

Page 12: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

Allocate Responsibilities Step 3 – ‘External’ issues“ Institutions and rules need to be set up to monitor performance, regulate contract obligations, set tariffs and regulation and compliance with relevant laws and codes

(e.g. environmental , water resources etc.)”

ALLOCATE (In 3 Steps) Responsibilities to different

levels of Government

Step 3a DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

Step 1. EXAMINE Responsibilities under current law

& institutional arrangements

Step 2. DECIDE Which level of Government should

be responsible for water service provision

Step 3b ESTABLISH

Regulatory regimes and institutions

Page 13: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Allocate Responsibilities Step 3a – Monitoring/Tariffs

“ Central Government can monitor contract performance and set tariffs. Difficulties may arise when Municipalities or states take on this responsibility”

3 Steps - ALLOCATE Responsibilities to different

levels of Government

Step 2. DECIDE Which level of Government should

be responsible for water service provision

Step 1. EXAMINE Responsibilities under current law

& institutional arrangements

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

In the case of municipalities or states there are three options for allocating responsibility for monitoring operator performance and adjusting tariff and quality controls:

Assign functions to the level of Government where services are provided: Example: municipal contract supervision units for municipal contracts

Establish a National Regulator:Even if services are provided at municipal level, with responsibility for monitoring performance and adjusting tariff and quality controls.

Spread functions among various levels of Government:The level to depend on who is best to perform particular functions.

Page 14: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

Allocate Responsibilities Step 3 – ‘External’ issues“ Institutions and rules need to be set up to monitor performance, regulate contract obligations, set tariffs and regulation and compliance with relevant laws and codes

(e.g. environmental , water resources etc.)”

ALLOCATE (In 3 Steps) Responsibilities to different

levels of GovernmentStep 1. EXAMINE

Responsibilities under current law & institutional arrangements

Step 2. DECIDE Which level of Government should

be responsible for water service provision

Step 3b ESTABLISH

Regulatory regimes and institutions

Page 15: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Allocate Responsibilities Step 3b – Regulators

“ A Regulatory institution or arrangement needs to be set up to monitor contract performance and set the tariffs.

3 Steps - ALLOCATE Responsibilities to different

levels of Government

Step 2. DECIDE Which level of Government should

be responsible for water service provision

Step 1. EXAMINE Responsibilities under current law

& institutional arrangements

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

There is a need to decide what are the best Regulatory arrangements, and at what level of Government it should be established. Should it be at national, state or local level?

LOCAL or NATIONAL REGULATION? THE ISSUES:

Local Governments:

Close to customer. If acts as both contracting authority and regulator avoids coordination problems.

Local decision makers may have less capacity and knowledge of comparative data

National Regulators:

Has capacity and experience to act for all service providers in the country. Example: OFWAT in England & Wales

There may be coordination problems. Local government may feel national regulators infringe on their power. Some countries had problems where powers duplicated at national and local level.

Page 16: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Allocate Responsibilities Step 3b – Regulators

“ A Regulatory institution or arrangement needs to be set up to monitor contract performance and set the tariffs.

3 Steps - ALLOCATE Responsibilities to different

levels of Government

Step 2. DECIDE Which level of Government should

be responsible for water service provision

Step 1. EXAMINE Responsibilities under current law

& institutional arrangements

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

There is a need to decide what are the best Regulatory arrangements, and at what level of Government it should be established. Should it be at national, state or local level?

National or Local Regulation:A compromise?

Page 17: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Allocate Responsibilities Step 3b – Regulators

“ A Regulatory institution or arrangement needs to be set up to monitor contract performance and set the tariffs.

3 Steps - ALLOCATE Responsibilities to different

levels of Government

Step 2. DECIDE Which level of Government should

be responsible for water service provision

Step 1. EXAMINE Responsibilities under current law

& institutional arrangements

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

There is a need to decide what are the best Regulatory arrangements, and at what level of Government it should be established. Should it be at national, state or local level?

Different mechanisms and Regulators for different tasks. Some of the key tasks include:

Contract monitoring & tariff setting Example: municipal contract supervision units for municipal contracts

Environmental protection:It is possible for services to be provided at municipal level, with responsibility for monitoring performance and adjusting tariff and quality controls.

Page 18: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Allocate Responsibilities Step 3b – Regulators

“ A Regulatory institution or arrangement needs to be set up to monitor contract performance and set the tariffs.

3 Steps - ALLOCATE Responsibilities to different

levels of Government

Step 2. DECIDE Which level of Government should

be responsible for water service provision

Step 1. EXAMINE Responsibilities under current law

& institutional arrangements

Step 3 DECIDE Which levels of Government responsible for tariff setting ,

environmental issues etc.

There is a need to decide what are the best Regulatory arrangements, and at what level of Government it should be established. Should it be at national, state or local level?

Different mechanisms and Regulators for different tasks. Some of the key tasks include:

Contract monitoring & tariff setting Example: municipal contract supervision units for municipal contracts

Environmental protection:It is possible for services to be provided at municipal level, with responsibility for monitoring performance and adjusting tariff and quality controls.

Water resource management:The level to depend on who is best to perform particular functions.

LOCAL or NATIONAL REGULATION?:

ENVIRONMENT PROTECTION & WATER RESOURCE MANAGEMENTRules on Environmental Protection and Water Resource Management are particularly important to a private operator, since governments tend to be stricter with private operators than with Government utilities on compliance with environmental standards.

Poor overall water resource management may bring additional costs

Example: Illegal groundwater abstractions may deplete resources so much that the Operator has to develop new sources to meet obligations

Example: Upstream discharges may pollute and increase treatment costs, when increased discharge rules would be more effective

New regulatory arrangements need to be in place before Private participation. A dedicated Water Resource institution is best the arbitrate between competing water users. The Model of River Basin Agencies, originated in France, is finding increasing favor throughout the world, where typically they represent the interests of all water users, and are financed through charges on abstraction and discharge.

Page 19: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

DetermineMarket Structure

DETERMINE Market Structure

“ Market Structure refers to the number of service providers and their responsibilities. There are three main market structure models

Horizontal Structure Interaction between providers at the

same level on the value chain

Vertical Structure Interaction between providers at

different levels on the value chain

Cross Sector StructureLimits on ownership or other

affiliations between water utilities and companies in other sectors

Once Market Structure has been chosen, Government will have to decide what areas of privatization will be sought, and in what sequence:

Example: If an existing utility is divided into a bulk supply company and a distribution company, should private participation be invited in both

parts?

Existing Market Structure is maintained in many cases, in order to minimize disruption and transition costs. However it may be better to consider a range of market options (as described in this section)

It is better to make any changes before introduction of Private Participation

Page 20: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Market Structure:Horizontal

DETERMINE Market Structure

“ Horizontal structures relate to service areas – and this section looks at decisions on selecting service areas”

Horizontal Structure Interaction between providers at the

same level on the value chain

Vertical Structure Interaction between providers at

different levels on the value chain

Cross Sector StructureLimits on ownership or other

affiliations between water utilities and companies in other sectors

Horizontal Structure Interaction between providers at the

same level on the value chain

HORIZONTAL STRUCTURE

Deciding on Service Areas

The options range from having a single provider responsible for the whole country, to allowing every town and village to have its own provider, and, in between, various groupings of rural and city areas.

Various issues are considered:

Environmental and Technical factorsImpact on Service EfficiencyAdministrative boundaries & collective choiceFinancial attractiveness and capacityTransaction Costs

Page 21: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

‘Technical & Environmental coordination can either be by awarding all responsibility to a single entity, or by ensuring adequate contracts or rules related to coordination’

Capital City

Secondary Town

Provincial Center

Town

Village A

Village B

Village C

Village D

Village E

Village F

BOUNDARY

BOUNDARY RIVER

Bulk Supply

Treatment Plant

Transmission Pipe

Reservoir

Transmission

Horizontal Structure:Environmental & Technical

ENVIRONMENTAL & TECHNICAL FACTORS:

Configuration of Existing NetworksLeast Cost technical solutions to improve supply

Single Utility?

When areas are served by a single network (like Capital City and Villages C & D in the example) there may be an argument for a single utility covering this area

Single Utility?

When areas are served by a single network (like Capital City and Villages C & D in the example) there may be an argument for a single utility covering this area

Least - Cost Technical Options?

If the best technical and financial scheme involves a scheme serving several areas, there may be an argument for a single provider serving the whole area

Least - Cost Technical Options?

If the best technical and financial scheme involves a scheme serving several areas, there may be an argument for a single provider serving the whole area

Page 22: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

‘Technical & Environmental coordination can either be by awarding all responsibility to a single entity, or by ensuring adequate contracts or rules related to coordination’

Capital City

Secondary Town

Provincial Center

Town

Village A

Village B

Village C

Village D

Village E

Village F

BOUNDARY

BOUNDARY RIVER

Bulk Supply

Treatment Plant

Transmission Pipe

Reservoir

Transmission

Horizontal Structure:Environmental & Technical

ENVIRONMENTAL & TECHNICAL FACTORS:

Configuration of Existing NetworksLeast Cost technical solutions to improve supplyWater Resources issue

Common resource?

If areas compete for the same resource (for example abstracting from the same reservoir as Capital City and Provincial Center) it may make sense to have a single provider to resolve conflict

Common resource?

If areas compete for the same resource (for example abstracting from the same reservoir as Capital City and Provincial Center) it may make sense to have a single provider to resolve conflict

Page 23: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

“Empirical research shows economies of scale in water services”

Capital City

Secondary Town

Provincial Center

Town

Village A

Village B

Village C

Village D

Village E

Village F

BOUNDARY

BOUNDARY RIVER

Bulk Supply

Treatment Plant

Transmission Pipe

Reservoir

Transmission

Horizontal Structure:Service Efficiency

Economies of Scale?

As more customers are added to the service, generally the unit cost drops. This can be important in small towns and villages that lack the scale to employ specialist managers and staff

There are limits to this. Utilities that are too large become difficult to manage

Economies of Scale?

As more customers are added to the service, generally the unit cost drops. This can be important in small towns and villages that lack the scale to employ specialist managers and staff

There are limits to this. Utilities that are too large become difficult to manage

Page 24: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

“Aspects of water services provided by a network are the same for most customers ”

Capital City

Secondary Town

Provincial Center

Town

Village A

Village B

Village C

Village D

Village E

Village F

BOUNDARY

BOUNDARY RIVER

Bulk Supply

Treatment Plant

Transmission Pipe

Reservoir

Transmission

Horizontal Structure:Administrative boundaries

Collective Choice?

Customers need a collective way to decide on key service issues.

Using local government boundaries can give a democratic voice in this matter

However, technical considerations may dictate a larger service area, and then some way of coordinating responses between administrative areas is a good idea

Collective Choice?

Customers need a collective way to decide on key service issues.

Using local government boundaries can give a democratic voice in this matter

However, technical considerations may dictate a larger service area, and then some way of coordinating responses between administrative areas is a good idea

Page 25: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

“Grouping areas together may increase the financial attractiveness”

Capital City

Secondary Town

Provincial Center

Town

Village A

Village B

Village C

Village D

Village E

Village F

BOUNDARY

BOUNDARY RIVER

Bulk Supply

Treatment Plant

Transmission Pipe

Reservoir

Transmission

Horizontal Structure:Financial Attractiveness & Capacity

Financially Attractive?

Operators, particularly the large international companies, may have large fixed marketing costs. This gives a preference for the larger projects where these costs can be absorbed.

However once established in a large urban center, there may be scope for further expansion to surrounding towns, peri–urban, and rural areas, to benefit from efficiency of private participation.

Grouping poor areas, or less developed areas, with wealthy ones is a way to attract private operators to serve poorer areas, allowing cross subsidization, and meeting social goals. Care must be taken to ensure that the overall project is still attractive to the Operators.

Financially Attractive?

Operators, particularly the large international companies, may have large fixed marketing costs. This gives a preference for the larger projects where these costs can be absorbed.

However once established in a large urban center, there may be scope for further expansion to surrounding towns, peri–urban, and rural areas, to benefit from efficiency of private participation.

Grouping poor areas, or less developed areas, with wealthy ones is a way to attract private operators to serve poorer areas, allowing cross subsidization, and meeting social goals. Care must be taken to ensure that the overall project is still attractive to the Operators.

Page 26: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

“The costs of changing market structure can be substantial”

Capital City

Secondary Town

Provincial Center

Town

Village A

Village B

Village C

Village D

Village E

Village F

BOUNDARY

BOUNDARY RIVER

Bulk Supply

Treatment Plant

Transmission Pipe

Reservoir

Transmission

Horizontal Structure:Transaction Costs

Transaction costs need to be included in any Trade-off analysis between alternative options.

Aggregation or disaggregation may require transfer of assets, liabilities and staff. To carry out these transfers an inventory of assets is needed, and technical issues need to be addressed

Example: It may be technically difficult (and costly) to completely separate two systems previously joined, and physical transfers (each with a transaction cost) will still have to be carried out for each area

Transaction costs need to be included in any Trade-off analysis between alternative options.

Aggregation or disaggregation may require transfer of assets, liabilities and staff. To carry out these transfers an inventory of assets is needed, and technical issues need to be addressed

Example: It may be technically difficult (and costly) to completely separate two systems previously joined, and physical transfers (each with a transaction cost) will still have to be carried out for each area

Page 27: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

“The costs of changing market structure can be substantial”

Capital City

Secondary Town

Provincial Center

Town

Village A

Village B

Village C

Village D

Village E

Village F

BOUNDARY

BOUNDARY RIVER

Bulk Supply

Treatment Plant

Transmission Pipe

Reservoir

Transmission

Horizontal Structure:Transaction Costs

Benefits & CostsIncreasing Size & Scope

Page 28: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Horizontal Structure:Common Issues

“National Utilities – Metropolitan Utilities – Rural Areas”

This section gives access to additional information on common issues:

Pros & cons of a National Utility

Considerations in the case of a Metropolitan or Municipal Utility

Ensuring service provisions in rural service areas & small towns

National Utility: Ghana

Metropolitan Utility: Manila

Metropolitan Utility Buenos Aires

Small towns:Franchising Examples

Page 29: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Market Structure:Vertical

DETERMINE Market Structure

“ Vertical structure relates to the provision of water services from Source to Tap and beyond. There is the possibility of unbundling these water service components”

Horizontal Structure Interaction between providers at the

same level on the value chain

Vertical Structure Interaction between providers at

different levels on the value chain

Cross Sector StructureLimits on ownership or other

affiliations between water utilities and companies in other sectors

Vertical Structure Interaction between providers at

different levels on the value chain

Page 30: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Vertical Market Structure:The Value Chain

“The various Water Services components can be shown as items on a Value Chain”

Water Abstraction

Sludge

Treated Water

Treatment

Customers

Treatment Disposal

Transport

Distribution

Collection

Discharge

‘Unbundling’

‘Unbundling’ is the where items on the value chain are given to separate service providers.

More typical in the electricity sector, but still feasible in the water sector

‘Unbundling’

‘Unbundling’ is the where items on the value chain are given to separate service providers.

More typical in the electricity sector, but still feasible in the water sector

Page 31: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

“Unbundling , or vertical separation, has to be done with care related to the horizontal structure issues as well as the value chain ”

Capital City

Secondary Town

Provincial Center

Town

Village A

Village B

Village C

Village D

Village E

Village F

BOUNDARY

BOUNDARY RIVER

Bulk Supply

Treatment Plant

Transmission Pipe

Reservoir

Transmission

Vertical Structure:Unbundling

Unbundling – An Example:

If responsibility for serving Capital City is separated from responsibility for supplying Villages C & D, issues of vertical separation follow.

One option would be to separate reservoir and pipelines from distribution services, resulting in 4 separate providers:

1 Bulk Supply Business: Reservoir and pipelines3 Distribution businesses: Capital City, Villages C& D

Of course, this is only one option.

Unbundling – An Example:

If responsibility for serving Capital City is separated from responsibility for supplying Villages C & D, issues of vertical separation follow.

One option would be to separate reservoir and pipelines from distribution services, resulting in 4 separate providers:

1 Bulk Supply Business: Reservoir and pipelines3 Distribution businesses: Capital City, Villages C& D

Of course, this is only one option.

VERTICAL SEPARATION IN THE WATER SECTOR

Here are four typical examples of ‘unbundling’ used in the water sector:

Wastewater separated from Water Supply.

Bulk Water Production & Treatment separated from Water Distribution.

Wastewater Treatment & Discharge separated from Collection

Water Transmission separated from Distribution

Page 32: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

“When deciding whether to vertically separate services, consider several issues: ”

Vertical Structure:Unbundling Issues

The current structure of the sector

How to ensure quality of service

Planning investment

Where new investment or management is needed

Taking advantage of scale and scope

Managing payment risk

Managing scarce water resources

Promoting decentralized decision making

“The issues and solutions will be specific to the particular case ”

Page 33: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

“When deciding whether to vertically separate services, consider several issues: ”

Vertical Structure:Unbundling Issues

The current structure of the sector

How to ensure quality of service

Planning investment

Where new investment or management is needed

Taking advantage of scale and scope

Managing payment risk

Managing scarce water resources

Promoting decentralized decision making

“The issues and solutions will be specific to the particular case ”

More Detailed Analysis of Unbundling Issues

Example: Senegal Sewage & Water Unbundling

Page 34: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Market Structure:Cross Sector

DETERMINE Market Structure

“ It is possible for water services to be provided jointly with other utility services (for example power or gas). The issue is whether they should be separated or combined”

Horizontal Structure Interaction between providers at the

same level on the value chain

Vertical Structure Interaction between providers at

different levels on the value chain

Cross Sector StructureLimits on ownership or other

affiliations between water utilities and companies in other sectors

Cross Sector StructureLimits on ownership or other

affiliations between water utilities and companies in other sectors

Page 35: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Market Structure:Cross Sector - benefits

“ Grouping services can offer benefits…….”

Possible benefits of grouping services together include:

Economies of scope

Reducing payment risk

Financial sustainability and cross subsidy

Page 36: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Market Structure:Cross Sector - Benefits

“ Grouping services can offer benefits…….”

Possible benefits of grouping services together include:

Economies of scope

Reducing payment risk

Financial sustainability and cross subsidy

More Detailed Analysis of Cross Sector Benefits

Example: Gabon & Morocco

Page 37: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Market Structure:Cross Sector - Disadvantages

“ ……Grouping services can also pose disadvantages”

Possible disadvantages of grouping services together include:

Problems in cost allocation and tariff setting

Competitive distortions

Loss of management focus

Page 38: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Market Structure:Cross Sector - Disadvantages

“ ……Grouping services can also pose disadvantages”

Possible disadvantages of grouping services together include:

Problems in cost allocation and tariff setting

Competitive distortions

Loss of management focus

More Detailed Analysis of Cross Sector Disadvantages

Page 39: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Establish Competition Rules

ESTABLISH Competition Rules

“ Market structure is likely to evolve based on the rules established for competition as defined at the time of the Transaction”

Competition for the Market

Competition via Capital Markets

Competition in the Market

Page 40: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Competition:For the Market

ESTABLISH Competition Rules

“ Competition for the Market consists of re-bidding private sector contracts at regular intervals”

Competition via Capital Markets

Competition in the Market

Competition for the Market Competition for the Market

Issues:Rebidding is an efficient way of maintaining competitive pressure to provide high quality service at reasonable price: because the contractor risks losing the contract at the next bid stageTypically long term contracts (up to 50 years): necessary for the contract to mimic competition – such as price controls, based on competitive comparisonsShould firms be encouraged to bid for several projects?

Firms can bid for several contracts; increase demand, spread overhead cost and benefit from economies of scale If firms are allowed to expand without limits, it may develop into a monopoly, making difficult for new entrants at re-bid stage.

The issue of maintaining competition may limit the number of contracts an operator may be allowed to win, to prevent a monopoly.

Example: Metro Manila – operators were not allowed to win both of the two Concessions for this major urban area

In most developing countries, however, it may be necessary to allow operator to develop their demand base to gain economies of scale.

This was the case in France where consolidation has happened over several years, reducing competition

This was the case in France where consolidation has happened over several years, reducing competition

Page 41: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Competition:via Capital Markets

ESTABLISH Competition Rules

“ Competition via Capital Markets occurs when Operators can purchase their competitors through buying shares on the Financial Markets, or through mergers”

Competition for the Market

Competition via Capital Markets

Competition in the Market

Competition via Capital Markets

Issues:

Threat of Purchase: maintains competitive pressure on Operators, and an incentive to maintain the company’s financial health

When does this occur?: when company’s shares can be bought and sold ( often for service providers, more restricted for asset owning companies

Mergers & Acquisitions: Governments may want to restrict mergers and acquisition, as this would have similar issues to allowing a company to win multiple contracts, including difficulties of establishing competitive service benchmarks

Example: Mergers have been prevented in the UK water Services market to ensure sufficient Operators remain for comparative competition [See Box 4.9]

Page 42: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Competition:via Capital Markets

ESTABLISH Competition Rules

“ Competition via Capital Markets occurs when Operators can purchase their competitors through buying shares on the Financial Markets, or through mergers”

Competition for the Market

Competition via Capital Markets

Competition in the Market

Competition via Capital Markets

Issues:

Threat of Purchase: maintains competitive pressure on Operators, and an incentive to maintain the company’s financial health

When does this occur?: when company’s shares can be bought and sold ( often for service providers, more restricted for asset owning companies

Mergers & Acquisitions: Governments may want to restrict mergers and acquisition, as this would have similar issues to allowing a company to win multiple contracts, including difficulties of establishing competitive service benchmarks

Example: Mergers have been prevented in the UK water Services market to ensure sufficient Operators remain for comparative competition [See Box 4.9] Example:

UK Capital Market

Page 43: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Competition:In the Market

ESTABLISH Competition Rules

“ Competition in the Market is when Operators are free to enter and offer services in a Market. More usual in consumer goods market, more difficult to organize in Water

Services market”

Competition for the Market

Competition via Capital Markets

Competition in the MarketCompetition in the Market

Exclusivity Issues: Often Exclusivity given to Operators, it limits competition, but may be needed to make the contract economic.

Liked by Operators - Protects Operator from competition and some uncertainty of future demand.

Prevents inefficient duplication of pipe networks. Helps preserve cross subsidies (since high paying customers cannot change providers)

Customers may benefit from more liberal entry policies.

May prevent small scale Alternative Providers from offering services

ALTERNATIVE PROVIDERS

Exclusivity may prevent small-scale alternative providers from offering services in areas unlikely to be connected.

Small scale Alternative Providers may be able to expand service coverage, with provision of bulk supply arrangements by the Operator.

ALTERNATIVE PROVIDERS

Exclusivity may prevent small-scale alternative providers from offering services in areas unlikely to be connected.

Small scale Alternative Providers may be able to expand service coverage, with provision of bulk supply arrangements by the Operator.

Page 44: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Competition:In the Market

ESTABLISH Competition Rules

“ Competition in the Market is when Operators are free to enter and offer services in a Market. More usual in consumer goods market, more difficult to organize in Water

Services market”

Competition for the Market

Competition via Capital Markets

Competition in the MarketCompetition in the Market

Exclusivity Issues: Often Exclusivity given to Operators, it limits competition, but may be needed to make the contract economic.

Liked by Operators - Protects Operator from competition and some uncertainty of future demand.

Prevents inefficient duplication of pipe networks. Helps preserve cross subsidies (since high paying customers cannot change providers)

Customers may benefit from more liberal entry policies.

May prevent small scale Alternative Providers from offering services Alternative Small Scale

Providers

Page 45: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Reviewing Module 4

“The Module has looked the main areas of upstream Policy that should be established before developing PP design…………”

Identify the Reform

Leader (Module 2)Introduce Private Participation

ALLOCATE Responsibilities to different

levels of Government

DETERMINE Market Structure

ESTABLISH Competition Rules

Page 46: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Module 4 More Information

“……..and further background information is available”

More information Setting upstream policy Market structure and competition: Ballance and Taylor 2001, Ehrhardt 2003, Ehrhardt and Burdon 1999, Ehrhardt and Webb 1998, PPIAF and Water and sanitation Program 2001, and Solo 1998. Service efficiency: Environmental Resources Management and others 2003 and Tynan 2003. Flexible approaches to setting quality standards: Baker and Trémolet 2000, EconOne Research and others 2003. Potential for cross-subsidization and government role: Trémolet and Neale 2002 and Trémolet and others 2002.

Page 47: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Supporting Material

• The Toolkit Financial Model• Toolkit Case Study material• Toolkit Website:

http://rru.worldbank.org/Toolkits/WaterSanitation/• For comments or further details contact Cledan Mandri Perrott at

[email protected]

Page 48: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Toolkit: Module 4

End of Module

Page 49: Toolkit: Approaches to Private Participation in Water Services Module 4 Setting Upstream Policy.

Toolkit: Module 4

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