Articles Making provision for energy-efficiency investment in changing markets: an international review[1] Alix Clark Independent Energy Researcher & Associate of Energy and Development Research Centre PO Box 1242, Faerie Glen, 0043, South Africa This article is a condensed version of an extensive international review undertaken by the Energy and Development Research Centre on power sector reforms and impact on energy efficiency investment. The purpose of the review was to draw lessons for South Africa on how power sector reforms around the world have affected investments in demand-side management, and energy efficiency investment in particular, and furthermore, what countries have done, within the context of changing electricity markets, to advance investment in this area. Though the main objective has been to draw lessons for South Africa, it is evident that lessons can be applied more widely. The article begins with general discussion on the impact that power sector reforms have had on investments in demand-side management (DSM) and energy efficiency around the world. Broad conclusions reached are that power sector reforms have not boded well for this type of investment. The paper then gives general opinions on how research in this area is best conducted -- narrowly defined, and focussed on local contexts and unique energy sector features. Rationale behind countries making efforts to ensure investment in DSM and energy efficiency is provided as is description of some of the regulatory, financing and governance-related mechanisms employed. The paper concludes with broad guidelines for South Africa and elsewhere on how to advance investment in this area, given changing patterns of ownership and structure in the electricity industry. 1. Introduction The South African electricity industry is on the verge of being significantly restructured. Following international trends, it is likely that this reform process -- both of the electricity distribution industry (EDI) and the electricity supply industry (ESI) -- will have notable impact on the level and nature of investment in demandside management (DSM). In early 1999, the Energy and Development Research Centre undertook to develop an in-depth understanding of what might likely happen to DSM investment as the restructuring process progresses. The main objective of our research has been to make recommendations to the South African government, the National Electricity Regulator, Eskom (the national electric utility) and municipal distributors on how to promote investment in DSM in changing electricity markets.[2] Our research includes an international review of how investment in DSM programmes has fared as electricity markets have changed, and also how various countries have sought to ensure that adequate investments in this area are made. Though the main research objective has been to draw lessons for South Africa, it seems evident that lessons can be applied more widely. 26 2. In competitive electricity markets, the spectrum of economically viable utility-induced DSM investment narrows significantly In assessing the impact that electricity industry restructuring has had on investment in DSM investment internationally, it became clear early on in the research that it is necessary to differentiate between the various types of DSM. These types of DSM can be grouped into two different categories. These are DSM investments that are in the utilities’ financial interests to undertake and those that are not. Generally, load management initiatives such as load shifting, interruptibility, strategic growth, and a relatively small amount of energy-efficiency investments fit well within the latter category, i.e., DSM investments that contribute positively to the bottom-line of the utility. ‘‘Other’’ energy-efficiency investments fall within the second category, i.e., programmes that are not in the financial interests of most utilities to undertake. These two different types of DSM investment are illustrated in Figure 1. Targeted mostly at large and sometimes small industrial and commercial users of power as well as some residential customers, the first category of load management-type DSM initiatives generally attract investment funds when such investments contribute to the bottom-line of the Energy for Sustainable Development l Volume V No. 2 l June 2001 Articles Figure 1. DSM options utility and/or help to improve utilities’ service to customers. DSM initiatives in this category include: • programmes that ensure customer retention, i.e., provide competitive advantage through DSM as a customer service option; • programmes which are profitable in their own right -that is, DSM services which customers are prepared to pay for; • programmes which cost-effectively defer or limit generation and/or transmission and distribution capital expenditure and hence improve profitability (though due to poor systems information these opportunities are often not identified or not costed properly); and • environmentally-driven programmes as committed by national and regional governments or financed by international agencies [Surtees, 1998]. Generally, this first category of DSM investment occurs irrespective of the threat of pending competition, or new market structures and ownership arrangements. Indeed, in certain circumstances, the move to new market and ownership arrangements can encourage investment in these forms of DSM even more. Our international review has indicated that DSM initiatives in the first category have not been as affected by restructuring processes as have the second category of energy efficiency-type DSM programmes. Programmes in this second category involve training and education activities, information and awareness campaigns, demonstrations and audits, and direct installation programmes targeted mainly at small industrial and commercial customers, as well as the residential sector. These types of investments involve a more complex investment decision for utilities. In general, as competitive pressures have been introduced into countries’ electricity sectors, investment in this type of DSM has declined significantly. This reluctance to allocate resources to this type of energy efficiency programme has the following two main causes. • Restructuring generally seeks to harness competitive forces to improve the economic efficiency of the system. Achieving this goal makes it more difficult for players in the industry to invest in these types of energy efficiency programmes and remain price-competitive. • Restructuring tends to fragment the industry structure with the result that there is no major player in the electricity market (supplier, distributor, customer or other) that perceives both the (potentially high) longrun marginal costs of new supplies and the possibility of benefiting from investments in end-use energy efficiency [Swisher, 1994]. Here, one of the most significant barriers impeding investment in this type of energy efficiency investment is the barrier existing within the utility itself. Because energy efficiency implies a decrease in a utility’s total kWh sales, it is not in a utility’s best interest to develop programmes in this area (unless, as noted, it pays a utility to do so). This disincentive exists before and after restructuring. It is particularly prevalent after restructuring for the abovementioned reasons (i.e., fragmentation and competitive pressures). Before restructuring, utilities are generally more prepared to invest in energy efficiency programmes because of: (1) the institutional links between generation, transmission and distribution; and (2) their natural monopoly status that enables some degree of public-benefit investment. The remainder of this paper focuses on the second category of energy efficiency investment, which, as noted, targets smaller industrial and commercial customers, as well as households. In essence, this type of investment is that which easily ‘‘falls between the gaps’’, particularly so when broader industry restructuring initiatives are introduced, or even just proposed. Furthermore, this paper focuses on investments traditionally made by utilities, and those that utilities in changing markets and energy service companies (ESCOs) cannot easily justify taking responsibility for. Hereafter, this type of investment will be referred to as ‘‘public-benefit energy efficiency investment’’. 3. Electricity industries in flux When seeking to develop an understanding of how to ensure adequate energy efficiency investment in the future, the international review has highlighted the importance of taking different electricity industry restructuring models into account, as well as the different developmental stages of the energy services industry. Globally, electricity industries have been, or are being, restructured with changes in the industries’ ownership and/or structure. Generally, but not always, these reform Energy for Sustainable Development l Volume V No. 2 l June 2001 27 Articles Figure 2. The structural dimensions of electricity industries in transition Source: Hunt and Shuttleworth [1996] processes have followed the paths illustrated in Figures 2 and 3. The research has investigated the attempts of the United States, Norway, New Zealand, England, Wales, Brazil, Thailand, Ghana, Chile and Argentina to protect publicbenefit energy efficiency investment. Most of these countries are at different stages in the electricity reform processes described above (see Figure 4). With varying degrees of private participation, full retail competition has been introduced into electricity industries in the United States, Norway, New Zealand, United Kingdom, Chile and Argentina. To date, components of the electricity industry have been conceded to the private sector in Brazil, and in both the latter and Thailand, initial attempts are currently being made to introduce more competition into the power industries. The power sectors in South Africa and Ghana are on the verge of being significantly restructured. Internationally, changes in industry structure, as well as ownership, have impacted on levels of energy efficiency investment. Table 1 outlines different stages of development of an energy services market, as defined by the World Bank. With the exception of the United States’ energy service industry, energy service industries in most of the countries studied under this research are in early stages of development. They have not yet advanced to Stage IV where there is a strong emphasis on an integrated energy solution, where value-added inputs are the business drivers of most investments, and where energy services are tailormade to customers’ specific requirements. The interna28 Figure 3. The ownership dimensions of electricity industries in transition Source: Adapted from Hunt and Shuttleworth [1996]; Davis [1997] tional review suggests that movements within these stages are generally initiated both by electricity industry reform and as a result of the natural evolution of the energy services market. In devising ways of promoting energy efficiency in restructured electricity industries, it is interesting to view how these two dynamic processes might fit together. This is done somewhat simplistically in Figure 4. Energy for Sustainable Development l Volume V No. 2 l June 2001 Articles Table 1. Typical evolution of the energy services market Stage I Primary focus Stage II • Conservation • Programmatic efficiency • Price reform • DSM Stage III Stage IV • Private energy services • Convergent services with energy as the integrating catalyst • Resource allocation Activities • New regulations, codes and standards • Use of utilities as implementing agents of change • Project orientation • Value creation rather than cost savings is driving business decision • Setting savings goals and targets • Formal programmes with incentivised measures • Some variant of performance contracting • Energy and non-energy services bundled to provide increased comfort, convenience, productivity or competitive advantage • ‘‘Command and control’’ (i.e., active load management) • Formal monitoring and evaluation • Success still denoted in financial terms (i.e., paybacks, IRR) • Maximum use of strategic alliances to create ‘‘virtual’’ system integrators • ‘‘Carrot approaches’’ (i.e., incentives, moral suasion for voluntary actions) • ‘‘Success’’ denominated almost exclusively as cost savings or avoided outlays • Vendors/ manufacturers actively enter service/ technology delivery chain • IT permeates integrated solutions. • ‘‘Shock-cushioning’’ (i.e., providing protection for affected sectors less able to cope with rapid changes) • Reliance on paid contracts versus strategic allies/ business partners The illustration indicates approximately how different countries are currently placed. (South Africa, for instance, is on the verge of industry-wide change and its energy service industry is in its infancy, characterised mainly by utility programmes, command-and-control-type regulation and legislation. Norway assumes its position by virtue of the fact that its power industry is highly liberalised, while its energy services industry is small and limited to activities fulfilling mandatory utility obligations.) A review of energy efficiency investment in the countries studied illustrates the following facts. • Structural and ownership changes in the electricity industry are neither preconditions nor necessary for significant advancement in the energy services industry. For example, the energy services industry in the United States took 25 years to reach Stage IV, and this largely happened before significant electricity industry restructuring took hold. By the same token, significant structural and ownership changes in the electricity industry do not necessarily indicate progress in the energy services industry. The current situations in Chile and Argentina are clear examples of this. In both countries retail competition has been introduced, while their energy services industries -- related to energy efficiency in particular -- are almost non-existent. • Movements in industry restructuring processes can hinder or enhance the development of the energy services industry. In England and Wales, for instance, public-benefit energy efficiency investment arguably increased as a result of regulatory reform and other initiatives brought about by the huge transformation in the power sector. In Chile and Argentina, on the other hand, no regulatory or other attempt has been made to ensure energy efficiency investment. This has significantly retarded the development of the energy services industry. The international review highlights the importance of recognising that the electricity industries of different countries are at varying stages of reform. Regulatory and other tools to support public-benefit energy efficiency investment differ -- sometimes considerably -- according to the level of competition in the electricity industry[3]. Similarly, energy service industries might also be at different levels of development. Again, this has implications for the types of solutions that are chosen. More broadly, the review we undertook indicates that it is also important to take into account a country’s level of economic development, national priorities and available resources when searching for solutions to promote energy efficiency investment. It seems clear that the solutions available in the United States, England, Wales, Norway and New Zealand are considerably less limited than those in Ghana, Brazil, India and South Africa. Different countries have varying national priorities, which in some cases support electricity sector reform and the growth and development of public and private sector energy services, and in other cases do not. The broad implication of the above discussion is that in seeking solutions to promote public-benefit energy efficiency investment, it is extremely important to be as focused in the attempt as possible. Contextual and definitional issues can make a difference. Energy for Sustainable Development l Volume V No. 2 l June 2001 29 Articles Figure 4. Matrix illustrating energy service industries in different power sector contexts. 4. Countries around the world value public-benefit energy efficiency for different reasons The international review demonstrates that some governments and regulators have gone to great lengths to promote investment in public-benefit energy efficiency. Most of these countries have sought to do this as a result of significant declines in energy efficiency investment on introduction of restructuring and when it became clear that mere reliance on market forces would not bring about adequate investment in this area. Before discussing mechanisms used, it seems fitting to understand why these tremendous efforts to ensure public-benefit energy efficiency investment have been made, and thus why some countries have invested in this area, while others have chosen not to. Primary reasons for this investment are listed below. • Governments and regulators have sought to protect the interests of power sector customers. Governments and regulators in, for example, England and Wales, Norway, New Zealand, the United States and South Africa have created conditions that enable household and business customers to make the best investment decisions around energy usage, and thus to reduce costs associated with such energy usage (i.e., reduce energy bills). Regulators are frequently required to carry this responsibility out, albeit in conflict with other regulatory responsibilities, most notably keeping energy prices low. 30 Energy for Sustainable Development • Governments and regulators are committed to achieving energy-environmental policy goals. With perhaps the exception of Argentina and Chile, most of the countries reviewed under this study have promoted energy efficiency investment because such investment is seen to contribute substantially towards national sustainable development goals. • Governments are committed to reducing greenhouse gas emissions. Governments committed under the Rio Declaration (1992) to substantial reductions in greenhouse gas emissions have sought to promote energy efficiency investment. As examples: the Office of the Electricity Regulator (formerly OFFER and now OFGEM) in the United Kingdom retained the services of the Energy Savings Trust -- which was initially established as a means of meeting the UK’s obligations under the Rio Declaration -- to promote energy efficiency investment. The primary objective of New Zealand’s Energy Efficiency and Conservation Authority is to ‘‘achieve governmental energy and environmental policy goals, particularly with respect to CO2 emission reductions’’. One of the two primary objectives of South Africa’s Efficient Lighting Initiative is to contribute towards a reduction in greenhouse gas emissions. • With growing capacity constraints, governments and utilities encourage energy efficiency programmes that will contribute towards reducing the need for new l Volume V No. 2 l June 2001 Articles power sector investments. In most of the developing countries that this review studied, energy efficiency programmes have been seen as a means towards managing power sector capacity constraints. The government of Brazil, for example, established PROCEL to fund or co-fund conservation projects carried out by state and local utilities, universities, state agencies, private companies and research institutes. In South Africa, Eskom funds various DSM programmes whose main objective is to defer the decision to invest in new capacity. Similar peak savings are the objective of energy efficiency programmes in Thailand and Ghana. • Investment in energy efficiency is seen to make a real contribution to the economy. In some countries reviewed, energy efficiency investment is promoted because of a wide acceptance that it makes a real financial/economic contribution. That energy efficiency investment results in win-win situations for customers and implementers is undisputed. In such instances, energy efficiency investment is often undertaken as a component of an integrated resource planning (IRP) framework (in particular, Norway and the United States). Here regulators require planning based on principles of IRP in order that the best, most robust investment decisions are made. • Utilities invest in energy efficiency programmes because they contribute towards customer retention/expansion programmes as well as improved customer service. As noted, distributor utilities become loath to invest in public-purpose energy efficiency programmes as competition is introduced into the power sector. Indeed, it is rare in these contexts for utilities to invest in this area of their own accord. When they do, however, it is mainly for other reasons, including adding value to their service to customers in order to either improve customer service or to retain/grow market base. 5. Public-benefit energy efficiency investments can be advanced through innovative regulatory, financing and institutional arrangements An analysis of trends in the United States, Norway, New Zealand, England and Wales, Brazil, Chile and Argentina, Thailand and Ghana has shown that as power sector restructuring occurs, a considerable decline in public-benefit energy efficiency investment takes place. In fact, this decline in investment has generally occurred before restructuring processes are officially launched. Faced with the mere threat of restructuring, utilities become increasingly wary about committing funds to this area (unless they are for the value-added/customer retention purposes described above). Furthermore, experience from the United States, Chile and Argentina, England and Wales, Brazil, Norway and New Zealand indicates that if mechanisms are not put in place to safeguard this type of DSM investment, it will not occur. Indeed, public-benefit energy efficiency programmes become a ‘‘stranded benefit’’ of the restructuring process. Mechanisms that have been put in place to safeguard public-benefit energy efficiency investment include both requirements and incentives that can be grouped as in the subsections below. • Regulatory efforts In England and Wales, the United States, and Norway, regulations requiring utilities to undertake a minimum amount of public-benefit energy efficiency investment have been introduced. In the United States, this was done before restructuring, while in England, Wales and Norway, regulation was introduced after it became obvious that in a restructured electricity industry environment, market forces alone would not ensure an optimal level of investment in this area. Four years after bold initial moves to privatise the electricity industry in England and Wales, the Office of the Regulator (OFFER) published its Standards of Performance (SoP) requiring all regional electricity companies (RECs) to achieve a certain level of energy savings. Initially, in Norway, the Energy Act of 1991 included an obligation for utilities to undertake IRP. Later, this obligation was removed, and replaced with a stipulation that all distribution utilities undertake a certain level of DSM activities such as information programmes, demonstrations and audits. The effect of both these regulatory stipulations has been that a minimum level of DSM investment has occurred. Generally, regulatory authorities have sought to complement/support these mandatory requirements with other regulatory measures. Most common are moves to partially or fully ‘‘decouple’’ sales from profit; and/or to allow utilities to be compensated for lost revenues directly associated with energy efficiency programmes. These mechanisms are described below under financing options. Finally, regulatory authorities have sought to establish independent public energy efficiency agencies/institutions to support regulatory imperatives in this area. This mechanism is described in the subsection on independent institutional champions below. • Financing energy efficiency investments As noted, regulatory authorities in different countries have required that utilities undertake ‘‘some’’ publicbenefit energy efficiency programmes. These regulators have been faced with decisions about whether to allow utilities to partially or fully recover the costs and lost revenues associated with energy efficiency DSM programmes, and/or whether to allow utilities to profit from these initiatives. In England, Wales and Norway, regulation allows utilities to recover the cost of energy efficiency programmes and, in some cases, lost revenues associated with such programmes. In England and Wales, this has been done in conjunction with moves to partially ‘‘decouple’’ sales from profits. In the past, regulators in the United States have allowed utilities to recover lost revenues and costs in addition to permitting utilities to make a small profit on energy efficiency programmes. US regulators were of the opinion that since utilities were permitted to earn a ‘‘reasonable’’ rate of Energy for Sustainable Development l Volume V No. 2 l June 2001 31 Articles return on supply-side investments, the same should apply to demand-side investments. To enable utilities to partially and/or fully recover costs and lost revenues associated with public-benefit energy efficiency programmes, regulators have adopted various financing mechanisms. Until recently, utilities in the United States were allowed to recover costs and lost revenues through net lost revenue adjustment mechanisms or through mechanisms that ‘‘decouple’’ sales from profits. Costs and revenue losses were essentially built into prevailing tariff structures. More recently, regulators have been introducing a nonbypassable system-wide benefit surcharge (based either on usage (kWh), on demand (kW) or a combination of the two). In England and Wales, OFFER elected to adopt a special revenue allowance to be used by RECs to achieve energy savings on behalf of their customers. This revenue allowance was to be raised by collecting the equivalent of £ 1 from each franchise customer account over a period of 4 years. In Norway, energy efficiency investment is funded by a DSM ‘‘wires’’ or distribution charge of approximately 0.0002 NOK/kWh. In New Zealand, energy efficiency is funded from the central government budget. As noted, regulators in the United States have allowed utilities to profit from energy efficiency programmes. Thus, in addition to making the above mechanisms available to utilities, regulators also incentivise energy efficiency programmes through shared-savings mechanisms, mark-up mechanisms (rewards on a programme basis) and bonus mechanisms (rewards on a per unit energy savings basis). • Independent institutional ‘‘champions’’ In many countries, government or power sector regulators have chosen to establish independent agencies to champion energy efficiency. This approach has made sense where government has lacked the capacity to promote energy efficiency in-house, even though it is seen as a priority, or because regulators have been caught between keeping electricity prices low and promoting energy efficiency. The mandate and outreach of these independent energy efficiency agencies varies. In New Zealand, utilities are not obliged by law or regulation to invest in energy efficiency. Rather, the Energy Efficiency and Conservation Authority (EECA) is responsible for designing and implementing energy efficiency and conservation strategies within the country. EECA is funded from the central budget. In England and Wales, OFFER has retained the services of the Energy Savings Trust (EST) to assist RECs in designing and implementing energy efficiency programmes. EST negotiates with OFFER and the RECs to set each company’s energy savings targets, evaluates all projects for compliance with the SoP and assists in the development of these projects. EST also develops and manages national projects on behalf of the RECs. EST is funded by a grant from the government. In Norway, the Norwegian Water Resources and Energy Administration (NVE) has estab32 lished a number of regional energy efficiency centres (REECs) to undertake energy efficiency programmes on behalf of distribution utilities. NVE believes that these REECs are in a position to offer more objective advice than is likely to be provided by distributors. REECs’ activities include providing general information on energy efficiency, energy advice, audits and demonstrations and information on environmental impacts of energy consumption. In Ghana, the Ministry of Mines and Energy in collaboration with the Private Enterprise Foundation (PEF) has established the Energy Foundation, mandated to promote energy efficiency and conservation. Specific activities include promoting sustainable development, providing customer education on improving energy efficiency, undertaking policy advocacy, strengthening private sector participation in the energy service industry, and undertaking relevant related research and development activities. Finally, PROCEL in Brazil funds or co-funds conservation projects carried out by state and local utilities, universities, state agencies, private companies and research institutes. These projects involve research and development, demonstrations, education and training, marketing, direct installation of conservation measures, support of ESCOs, development of legislation, and design and implementation of energy efficiency programmes. For the most part, Brazilian utilities only conduct token energy efficiency programmes. As noted, different countries have chosen to establish regulations or legislation, funding mechanisms or independent bodies to promote investment in energy efficiency programmes. The countries analysed here have chosen different paths to achieve greater levels of energy efficiency investments. In England and Wales, much emphasis has been placed on the EST, on the Standards of Performance and investment by RECs. In the absence of a regulator in New Zealand, emphasis is placed on the EECA spearheading energy efficiency investment. In Norway, public-benefit energy efficiency investment occurs because it is a directive of legislation and because funding mechanisms to enable this investment to occur have been established. In the United States, regulatory measures in the early to mid-1990s were key to the success of public-benefit energy efficiency programmes, while the role of (an) independent energy efficiency organisation(s) was minimal. In Thailand, there are no regulations requiring energy efficiency investment. Rather, this investment is promoted by a relatively powerful unit within Electricity Generating Authority of Thailand (EGAT). EGAT is encouraged by the Thai National Energy Policy Office (NEPO) to do this. As energy efficiency programmes and restructuring processes mature, indications are emerging that if ‘‘reasonable’’ levels of energy efficiency investment are to take place, it is most likely that regulatory provisions, financing mechanisms and independent support are all necessary. Countries where these three functions have not all existed are beginning to make provision for them. New Zealand -- for instance -- is looking towards developing a Energy for Sustainable Development l Volume V No. 2 l June 2001 Articles regulatory framework, and US regulators are looking towards establishing not-for-profit independent energy efficiency agencies responsible for managing the proceeds of a non-bypassable systems surcharge. 6. Guidelines for South Africa and elsewhere 6.1. The public sector’s role in encouraging optimal investment in energy efficiency is critical International experience indicates that without ‘‘some degree’’ of public sector involvement, it is unlikely that public-benefit energy efficiency programmes will be invested in. This means that DSM programmes such as information and education programmes, customer support services (including audits and demonstrations) and market transformation programmes will most likely be avoided. The role of the public sector is to create an ‘‘enabling environment’’ that allows investment in this societal benefit to occur but without economically prejudicing the implementing agency (i.e., distributor utility, ESCO or other). This enabling environment has been created either through legislative or regulatory action or through the public sector establishment/support of an organisation that ‘‘champions’’ or promotes DSM. In Norway and Denmark, for example, the governments have enacted legislation that requires utilities to undertake a specified level of DSM. In Denmark, the Danish Parliament seeks to achieve this by requiring that all utility decisions are founded on principles of IRP. In Norway, the Energy Act (1991) initially included an obligation to undertake IRP. Against much resistance from business, this obligation was later removed although the Act still mandates distribution utilities to undertake some DSM. In both of these instances, the obligations are being met, although in Denmark the willingness on the part of utilities to do this seems greater. This is perhaps due to the fact that the Norwegian government plays a far more passive role in the electricity market than the Danish government does. Regulation, which often complements or supports a legislative framework as well as allows for a greater degree of public involvement and pragmatism, has been widely used to ensure investment in DSM. The regulatory framework used in the United States for this purpose is illustrative of this. In fact, the impressive levels of DSM investment in the US are almost entirely attributed to this framework. In England and Wales, OFFER (the regulatory authority) was initially reluctant to make direct provision for DSM. Very little investment in DSM was consequently made. In response to this situation, OFFER published the Standards of Performance and retained the services of the Energy Savings Trust. DSM targets are now being reached. The public sector can also create an ‘‘enabling environment’’ through the establishment or support of an independent or dedicated organisation that seeks to promote DSM. These organisations tend, generally, to support prevailing legislation and regulation. This was done fairly successfully in England and Wales, and in New Zealand. It is perhaps too soon to assess the impact Ghana’s Energy Foundation has had on investment in public-benefit energy efficiency investment. The tools described above facilitate investment in DSM. International experience shows that DSM does not necessarily fail if each of these different tools are not employed. In New Zealand and Denmark, for example, the electricity utilities are not subject to the requirements of the regulatory authorities but at the same time abide by prevailing legislation. Adequate DSM investment is being achieved. International experience does indicate that if there are no legislative or regulatory guidelines, or champion agency for DSM, it is very likely that public-benefit energy efficiency investment will fall by the wayside. This is what appears to have happened in Chile and Argentina and is threatening to happen in Brazil. 6.2. ‘‘Rules of the game’’ should be established prior to restructuring and, ideally, should be ‘‘right from the start’’ If key role-players in the electricity sector are in any way uncertain about the direction or end-point of restructuring (and in particular, if retail competition is to be introduced or not), utility programmes delivering public-benefit energy efficiency services will be among the first to be downscaled. This has been the experience in a number of countries including the United States, United Kingdom and Norway. To avoid this disinvestment in DSM, it is important therefore that the end-point, goals and boundaries of the restructuring process are well defined before the commencement of the restructuring process. Furthermore, it is important that, early on, the government and the regulatory authority define the role or place for DSM investment in the coming context (whether it is viewed as being an important outcome of the restructuring process or not). In other words, the government’s approach to fostering the DSM context, whether it be through legislation or regulation, should be announced in time. For the sake of industry stability, this should preferably be agreed upon before the ‘‘game beginning’’. Establishing the regulatory (as well as human and physical) infrastructure for the electricity industry in general as well as for energy efficiency programmes more specifically is a formidable challenge which if not addressed in time can delay the restructuring progress as well as DSM programme implementation for years. In many of the countries this review has visited, regulatory and legislative frameworks have changed fundamentally over small periods of time since restructuring processes have begun. Examples of this include the following. • In the early days of privatisation in England and Wales, the regulatory authority’s hands were somewhat tied. While OFFER was mandated to ensure low energy prices, it was also given the responsibility of taking care of DSM investment. OFFER initially chose to adopt a fairly passive approach to DSM, contending that the market forces would result in an optimal amount of energy efficiency. As already mentioned, with the introduction of restructuring in England and Wales very little DSM investment occurred. It became increasingly obvious that OFFER would have Energy for Sustainable Development l Volume V No. 2 l June 2001 33 Articles to intervene if DSM were to survive. OFFER thus published the Standards of Performance and retained the services of the Energy Savings Trust which now represent the key drivers for energy efficiency in England and Wales. The early days of privatisation also saw a change in regulatory approach vis-à-vis DSM. Initially, the price cap mechanism provided distributors with strong incentives to maximise electricity sales with no associated mechanisms to claim DSM programme costs. Later, volume sales were decoupled from profit and provision was made for a special revenue allowance to be used for DSM activities. • Traditionally, the regulatory framework in the United States was based on a cost-of-service approach for both supply- and demand-related investment. When DSM was first introduced, state regulators generally allowed utilities to recover the cost of DSM programmes through general tariff increases. For rentseeking purposes, it still made sense for utilities to maximise their sales, and thus to avoid DSM investment. In consequence, state regulators moved towards not only removing the disincentives to invest in DSM, but also offering additional incentives for DSM. Supply-side investment continued to be treated on a costof-service basis. • In Norway, the legislative framework originally called for utility decisions to be based on IRP principles. Due to extensive pressures from business and then the residential sector, this requirement was later diluted -- requiring utilities to undertake a specified amount of DSM. These and other countries’ experiences have shown that it is very difficult to rectify regulatory and legislative processes already in motion. Generally, amendments to legislative and regulatory frameworks take time to occur and are costly. Most importantly, changes usually create uncertainties and confusion in the market, they often do not improve the regulator’s or government’s credibility record, and they slow the restructuring process down. These changes may even absorb a portion of the economic gains expected of the restructuring processes. In learning from these international pioneers, South Africa is in a promising position to ‘‘get the rules right before the game begins’’. 6.3. Regulatory reforms can dramatically and rapidly change the strength and scope of utility DSM programmes In some countries, regulators have chosen to ‘‘command and control’’ utilities’ investment in public-benefit energy efficiency programmes. According to this approach, the regulator specifies what the utility should do. The regulator then closely monitors subsequent utility actions for compliance. The way in which this approach has been most commonly administered is through licence requirements. To allow firms to operate the distribution/transmission network, or distribute electricity, regulatory authorities have required that a given extent of DSM activity be implemented. This mechanism is used in Norway, for example, where distribution utilities must undertake 34 to inform customers about the electricity product as well as opportunities for efficiency. In Norway this regulatory requirement is combined with a DSM tax on all kWh sales which funds the information activity either by the utility or by a utility-sponsored organisation. With very few global exceptions, the command-andcontrol approach has not encouraged any more investment than is officially required by the regulatory authority. With little business incentive to undertaken DSM, utilities have often sought to manipulate the regulatory requirements, undertaking customer retention activities under the guise of DSM information and marketing campaigns, and making windfall profits. This has resulted in the establishment of unavoidable and impressively costly ‘‘DSM verification’’ infrastructure. This has been the case in England and Wales, as well as in Norway. Hence the move in some states in the United States a few years ago towards providing economic incentives to utilities that run exemplary DSM programmes[4]. In the early days of DSM in the United States, England and Wales, electric utilities were encouraged by the prevailing regulatory regimes to sell more electricity. To address these investment barriers, various regulatory mechanisms have been applied. In the United States, utilities were initially subject to traditional cost-of-service or rate-of-return regulation which discourages utilities from pursuing customer energy efficiency programmes because: (1) utilities may not recover DSM programme expenses when these expenses have not been included in some previous tariff-setting process; (2) utilities may lose revenues from sales not made because of the success of customer energy efficiency programmes; and (3) utilities may forgo earning opportunities because resources are devoted to DSM programmes rather than to other profit-making activities [Nadel et al., 1994][5]. To remove the disincentives associated with traditional rate-of-return regulation, US regulators sought to decouple utility sales from revenues and profits, and/or employ new lost revenue adjustments. To offer additional incentives to invest in DSM, sharedsaving, bonus and mark-up mechanisms were introduced (see above). Experience with a combination of additional incentives and decoupling in many states of the US has shown clearly that regulatory reforms can dramatically and rapidly change the strength and scope of utility DSM programmes [Hirst and Blank, 1994]. In England and Wales, distributor utilities’ activities were initially subject to a performance-based price cap mechanism, which again discouraged investment in DSM. As a result of poor ensuing investment performance in DSM, OFFER sought to partially decouple utility sales from revenues and profits. OFFER also introduced the Standards of Performance, and made provision for a revenue allowance to be collected and used to finance utility DSM programme activity. Interestingly, very little of the REC’s own money has been spent and most of this has been on ‘‘passive’’ services -- that is, call centres, bill-stuffers, etc., rather than actual or ‘‘active’’ DSM [Thomas, 1999]. Thus, while OFFER in England and Wales chose to Energy for Sustainable Development l Volume V No. 2 l June 2001 Articles partially remove the disincentives arising from the performance-based price cap mechanism, most regulators in the United States have sought not only to remove these investment disincentives but also to offer additional incentives to utilities investing in DSM[6]. In other words, regulators in the United States have allowed utilities to profit from DSM programmes, while in England and Wales OFFER has permitted DSM programme cost recovery. As is to be expected, more utilities have been willing to undertake DSM programmes in the United States than in England and Wales. With pending electricity industry restructuring in the United States, spending on DSM has declined significantly, even though regulators continue to allow utilities to earn profits on DSM programmes. Utilities are now loath to invest in DSM because these investments translate into uncompetitive rate increases. In response to this, a number of state regulators have given initial indication that a non-bypassable systems benefit charge may provide a solution to this. All utilities would be obliged to collect a non-bypassable fee on a per-customer or per-kWh sales basis to fund a small amount of DSM activity. It is yet unclear whether utilities will be able to earn profits on these programmes: if utilities are not permitted to recover their costs, as well as additional benefits, it is likely that the same consequences as have flowed in most other countries reviewed in this report will result -- that is, only a minimal amount of DSM investment will be made. 6.4. It is unclear that utilities should continue to administer DSM programmes as they have done in the past Experiences from all corners of the world show that it is no longer obvious that utilities should be responsible for funding and/or implementing public-benefit energy efficiency programmes. On the one hand, it is argued that it is not a natural attitude of an electric utility to discourage in any way the use of electricity. Because utilities tend to give precedence to investments that are in their own selfinterest and not necessarily socially optimal, they are not best placed to orchestrate a diversified mix of resources for meeting the economy’s electrical service needs at the lowest possible life-cycle costs. It is also argued that, since utilities have not invested in energy efficiency programmes when more competition has been introduced, they should not be responsible for these programmes at all. If energy efficiency programmes are viewed as yielding social benefits, and therefore worthwhile investments for society as a whole, then surely a more reliable mechanism should be identified to ensure the provision of these particular services? Surely this would make it possible for utilities, consultancy firms and users to compete on delivering the best and cheapest energy conservation? On the other hand, distribution utilities and supply utilities for large customers are in constant and automatic contact with end-users. They know who their customers are, know their energy consumption habits, communicate with them every month, and have well-established payment collection mechanisms at hand, and are in a position to collect and analyse data. They are traditionally responsi- ble for providing network energy services. They have the technical know-how and human, technical and often financial resources. They are therefore seen to be in a unique position to assist customers with energy efficiency. Many distribution and supply utilities are currently arguing that they want to undertake/administer energy efficiency programmes because they want to ensure that the ‘‘right’’ messages gets across to their customers. There is no conclusive answer to this. Countries have chosen to manage this dilemma in different ways. In the United States, regulators have required utilities to invest in energy efficiency programmes and have allowed them to profit from these programmes. This seems to work, although it should be noted that verification agencies have had to be established to ensure that utilities’ activities genuinely lead to energy savings and are not just ‘‘good on paper’’ or that utilities undertake the specific activities they receive incentives for. These verification activities have proven very costly, sometimes over 10 per cent of DSM costs. In an attempt to remove utilities’ incentives to conduct anti-competitive behaviour, the Norwegian government strongly urges distributing utilities to transfer their energy efficiency obligations, together with the special revenue collected specifically for energy efficiency, to independent regional energy efficiency centres (REECs). The regulatory authority believes that these REECs are in a better position to offer objective advice than distributors are likely to be. In the United Kingdom, OFFER has retained the service of the Energy Savings Trust to ensure that REC’s investments in DSM comply with the Standards of Performance. In New Zealand, the government has established the Energy Efficiency Conservation Authority (EECA) to promote energy efficiency while leaving load management programmes to distributor utilities. Eletrobras in Brazil has chosen to undertake energy efficiency programmes of its own accord, but it should be remembered that its restructuring initiatives are still in their infancy and it looks like they are threatening these utility initiatives. 6.5. Secured funding and independence are critical success factors for agencies/programmes dedicated to promoting energy efficiency In Brazil, PROCEL was established to fund and promote energy conservation projects carried out by state and local utilities, state agencies, private companies and other research institutes. Over the last decade or so, PROCEL initiatives have gained considerable momentum, cumulatively achieving notable energy savings. These energy savings have been achieved, however, in direct proportion to the funding that Eletrobras (the national generating and transmission utility) has allocated to it (PROCEL is managed by an Executive Secretariat subordinate to Eletrobras). Practice has shown that when the electricity sector has been in financial crisis (i.e., sales are down), PROCEL’s budget and staff have been cut considerably. Conversely, when the outlook in the sector has improved, PROCEL’s funding has been reinstalled. Now that the electricity sector is being restructured, signs have already emerged that PROCEL’s budget will be suspended once Energy for Sustainable Development l Volume V No. 2 l June 2001 35 Articles more. A similar situation has developed in Thailand, though its DSM programme has also been funded by the Global Environmental Facility (GEF) and the Overseas Economic Co-operation Fund of Japan as well as through the electricity tariff and is therefore not as dependent on EGAT on funds as PROCEL is on Eletrobras. This dilemma is characteristic of that faced by many energy efficiency programmes/agencies around the world. Strategic plans and perspectives of lead power sector utilities largely shape programme activities. Because of the problems associated with this, proponents of energy efficiency argue that these programmes or agencies should be made entirely independent and/or secure, or at least given more autonomy. In developing countries especially, DSM programme activities would probably not exist without affiliation to and the lifeline of utilities. As electricity utilities are unbundled, the independence concern disappears to some extent. As shown around the world, with restructuring, it becomes less and less likely that utilities would support/fund programmes such as these. In New Zealand, when it became obvious that an ‘‘energy efficiency service gap’’ was appearing, the government chose to set up the Energy Efficiency and Conservation Authority. The EECA is funded out of general-purpose taxes, and is thus not directly dependent on utility funds. In Norway, regional energy efficiency centres have been established to undertake distributors’ energy efficiency obligations. These REECs are funded by a DSM wires charge, so again are not entirely dependent on utilities’ planning processes. In the United Kingdom, the Energy Savings Trust is funded by the Department of Environment, Transport and the Regions, although the special revenue allowance levied on energy sales for energy efficiency is still channelled through the RECs (distributor utilities). Originally, the utilities were expected to finance the activities of the EST. When the gas utility refused to do so government stepped in. Interestingly, it has been argued that the key to the success of Thailand’s DSM effort was that a specific cost recovery mechanism for the utilities (through a fuel charge adjustment clause) was provided for upfront. Without this cost recovery mechanism, full-scale implementation would have been delayed for years, as has been the case for DSM efforts in other Asian countries [Du Pont, 1998]. The agencies described here have been positioned quite differently. New Zealand’s EECA seeks to promote energy efficiency in high-level government policy processes as well as ‘‘on the ground’’. The EST’s main mandate is to act as an intermediary between OFFER and the RECs, ensuring that the latter’s projects comply with the Standards of Performance. The Norwegian REECs undertake energy efficiency activities on behalf of the distributors. Thailand’s energy efficiency programme promotes energy efficiency for the utility, EGAT, as does PROCEL for Eletrobras. Key international lessons in establishing energy efficiency agencies/programmes are the following. • It is important for the energy efficiency agency to be given autonomy from other utility business -- i.e., if possible, utilities should not directly influence the viabil36 ity and nature of these agencies/programmes. • Funding for the short term (at least five years) should be secured before the commencement of business. It is preferable that these funds come from either committed government or international funds, or through a wires/distribution charge. It is not desirable for utilities to fund these agencies at their discretion. • The scope of activities of the agency/programme should be identified from the start, and should be focused on DSM objectives, rather than utility interests. 6.6. While very important, the ESCO industry cannot entirely replace utility-sponsored public-benefit energy efficiency programmes As a greater degree of competition is introduced into electricity sectors around the world, and as the role of traditional utility DSM programmes becomes less clear, it seems natural to assess the role of ESCOs in the newly shaped and rapidly emerging energy efficiency industry. In the United States, various different types of ESCOs, which all seek to service the rapidly emerging energy service industry, have emerged. These include ‘‘vendor ESCOs’’, ‘‘contractor ESCOs’’, ‘‘engineering ESCOs’’ and finally, ‘‘utility ESCOs’’. The first three types of ESCOs listed here work independently of utilities while ‘‘utility ESCOs bid to serve as providers of utility-sponsored DSM programmes, and are paid by utilities to achieve guaranteed levels of MW and MWh savings’’ [Shippee, 1996]. Interestingly, ESCOs’ activities have all tended to be restricted to large commercial/industrial or institutional customers: because sales cycles in the ESCO industry are long and transaction costs are high, transactions have to be ‘‘worthwhile’’. Frequently, utilities and ESCOs compete to receive the rights to provide these services. Thus, importantly, energy efficiency services for the residential sector in the United States remain largely within the domain of distributor utilities (or government). As the electricity industry restructures, and a non-bypassable systems benefit surcharge is possibly introduced, the distinct role for utilities and for ESCOs will become more evident. While it is widely agreed that the ESCO industry will not be an appropriate vehicle to administer public funds, it would make sense that ESCOs support utilities that could do so. Other countries have also tried to foster the growth and development of the ESCO industry to assume a similar ‘‘utility-supportive’’ role as has occurred in the United States. As yet, it is unclear though whether the impressive growth experienced in the ESCO industry in the United States would be achievable elsewhere. This is because the viability of some ESCOs in the United States has depended quite significantly on spin-off activities arising from utility DSM programmes. As competition is introduced into the electricity industry, spending on these programmes is now in decline. As similar restructuring processes occur in other countries around the globe, it is unlikely that the DSM wave as experienced in the United States during the ’80s and early ’90s could ever be replicated. The Energy Savings Trust (EST) and the Energy Efficiency Energy for Sustainable Development l Volume V No. 2 l June 2001 Articles and Conservation Authority (EECA) have been mandated to both safeguard and promote energy efficiency, in England and Wales, and New Zealand respectively. In establishing these agencies, the governments concerned have officially recognised that energy efficiency services are valued by society, and that where new electricity industry structures have not naturally provided these services, government intervention would be necessary. In some respects, the activities and responsibilities of New Zealand’s EECA are viewed as being wider than those of the EST. While the services of the latter were retained primarily to oversee DSM investments made by the RECs but also to promote energy efficiency in general, the EECA undertakes many of the activities that RECs in the United Kingdom may have otherwise assumed. In other words, distributor utilities in England and Wales are expected to play a more active role in providing public-purpose energy efficiency programmes than in New Zealand. This said, two of the main objectives of these independent agencies have been to (1) promote market transformation programmes which would completely alter the choice of technologies available on the market; and (2) to foster the growth of the ESCO industry in the respective countries, so that the market would be able to service more of society’s energy efficiency requirements. Both of these activities form part of a longer-term strategy of transforming consumer demand for energy as well as creating a vehicle to support this demand. Interestingly, in attempting to create a market for energy efficiency services, the EECA, and to a lesser extent the EST, have been charged with ‘‘stunting’’ or ‘‘crowding out’’ emerging ESCOs! The cases of the United States, New Zealand, England and Wales are illustrative of global attempts that have been made, primarily by the public sector, to establish a balance between utility-administered DSM programmes and initiatives led by private sector ESCOs, and in the cases of New Zealand, England and Wales, the contributions of independent energy efficiency agencies. The experiences of these countries illustrate that it is not easy to establish this balance but that it is important to try to do so. It is no longer clear that utilities should continue to administer DSM programmes as they have done in the past. It is equally unclear that the ESCO industry should take on these programmes either. International experience indicates that a collaborative effort to saturate the energy efficiency market is likely to be worthwhile. 7. Conclusion International experience shows that, to have successful public-benefit energy efficiency programmes, it is not necessary to have fully-integrated utilities and heavyhanded regulation as has been in force in the United States in the recent past. Nor is it necessary to have expensive rebate programmes. Utility structure and ownership is important, but not necessarily fundamental, to determining the success or otherwise of DSM. Where adequate policy and economic incentives to the utility and other actors in the investment processes are in place, this investment can occur in a widely varying range of circumstances. In the absence of removing disincentives to such investment, or alternatively to extending these to strong incentives, a range of other measures would be needed to encourage public-benefit energy efficiency investment. Such measures could include minimum efficiency standards, building codes and regulations that emphasise energy efficiency, and procurement programmes opening up markets for energy efficiency products. This review has visited a number of different countries that have sought to promote energy efficiency benefits in restructured electricity markets. This has been done through a combination of market forces operating within a supportive and selective framework of regulation and legislation, and/or through the establishment of independent agencies and national networks. Market barriers, not only already existing but also those likely to be introduced by restructuring, should be considered when establishing the appropriate balance between these public sector interventions. This review represents the first in a series of reports emanating from a project which will ultimately deliver recommendations to the government, National Electricity Regulator, and Eskom on how to ensure that DSM is built into the restructuring process set to occur in South Africa. The second report in this series investigates barriers currently inhibiting investment in DSM in South Africa. Thereafter, a series of scenarios describing possible electricity industry outcomes that restructuring may bring has been constructed. We sought to assess which of the market barriers noted in the second report remain as restructuring progresses as well as identify new barriers introduced by restructuring. The third report outlines what the prospects for DSM at each of the stages in these models could be. The fourth report in this series delivers funding-, governance- and regulation-related recommendations to the government, the National Electricity Regulator and the distribution industry to ensure investment in adequate public-benefit energy efficiency programmes in new power contexts in South Africa. The author can be contacted at: E-mail: [email protected] Notes 1. This article is based on the following two research reports: [Clark, 1999] and [Clark and Barberton, 1999]. 2. The Energy and Development Research Centre (EDRC) would like to thank Eskom for the financial and other support that made this research possible 3. Given that the most ‘‘desirable’’ end-state of most restructuring initiatives appears to be that which offers customers a choice of electricity supply, one might argue that in suggesting ways to promote energy efficiency investment in restructured markets, it is most relevant to keep this end-state in mind, and perhaps even plan towards achieving energy efficiency investment in this particular context. The counterpart argument to this is that for many countries, retail competition seems to be an end-state that is extremely far from current situations and priorities, and that it is more important to plan for outcomes which are within reach. This research seeks to address both of these needs. 4. Profit incentives have been offered in states with the most extensive DSM programmes (California, Connecticut, Massachusetts, New Jersey and Vermont). Interestingly, while profit incentives help, strong environmental politics also play a role. Even with profit incentives, utilities tend to be more responsive since they generally want to keep regulators happy, and regulators respond to elected officials [Nadel, 2001]. 5. Treatment of lost utility revenues arising out of successful DSM programme implementation has received the highest degree of attention in the United States and elsewhere because this is generally where, in the short run, the largest negative financial consequence of a successful energy efficiency programme lies. Energy for Sustainable Development l Volume V No. 2 l June 2001 37 Articles 6. These responses correspond well with the regulatory approaches the United States, England and Wales have adopted vis-à-vis DSM in competitive markets: federal and state regulators in the United States have played a major role in this area, while in England and Wales, OFFER has chosen to be more passive. International Institute for Energy Conservation, Bangkok. References Nadel, S., 2000. Personal communication. Ciliano, B., 1999. ‘‘Changing the mindset and business model for energy efficiency: lessons learned over almost three decades’’, Presentation prepared for Workshop on Electricity Conservation: from Policy to Implementation, Intercontinental Hotel, Riyadh, Kingdom of Saudi Arabia, November 14-15. Nadel, S., Reid, M., and Wolcott, D., 1994. Regulatory Incentives for Demand-Side Management, Research report, American Council for an Energy Efficient Economy, Washington, D.C. Clark, A., 1999. Demand-side Management in Restructured Electricity Industries: an International Review, Research report, Energy and Development Research Centre, University of Cape Town. Clark, A., and Barberton, C., 1999. Barriers Inhibiting Investment in DSM in South Africa, Research report, Energy and Development Research Centre, University of Cape Town. Hirst, E., and Blank, E., 1994. ‘‘Solutions to regulatory disincentives for utility DSM programmes’’, Utilities Policy, 4(2), pp. 105-112. Hunt, S., and Shuttleworth, G., 1996. Competition and Choice in Electricity, London, Bookcraft. Shippee, G., 1996. ‘‘The future of energy service companies: changes and trends’’, Electricity Journal, 9(6), pp. 80-84. Surtees, R., 1998. Demand Side Intervention in the Electric Utility Business: Development of Appropriate Policy Principles for South Africa, Unpublished Master’s dissertation, Henley Management College. Davis, M., 1997. An International Review of Institutional Reform in the Power Sector, Research report, Energy and Development Research Centre, University of Cape Town. Swisher, J., 1994. ‘‘Barriers and incentives for utility energy efficiency programmes in deregulated markets’’, Proceedings of the ACEEE 1994 Summer Study on Energy Efficient Buildings. Du Pont, P., 1998. Lessons from Thailand: Transferring DSM Tools to Asia, Research report, Thomas, S., (University of Sussex) 1999. Personal communication. As regular readers are aware, Energy for Sustainable Development has published special issues on several subjects during 2000 and 2001. More special issues are planned on the following subjects: ¤ The WGES energy perspective for China ¤ Sri Lanka ¤ Energy efficiency ¤ New technologies These special issues will be produced during 2001 and 2002. 38 Energy for Sustainable Development l Volume V No. 2 l June 2001
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