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Institutional and Regulatory Economics of Electricity Market Reforms: the Evidence from India, Pakistan, Bangladesh, Nepal, and Sri Lanka by Bipulendu Singh A Dissertation submitted to The Faculty of Columbian College of Arts and Sciences of The George Washington University in partial fulfillment of the requirements for the degree of Doctor in Philosophy May 17, 2015 Dissertation directed by Gerald W. Brock Professor of Telecommunication and of Public Policy and Public Administration

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Page 1: Institutional and Regulatory Economics of Electricity

Institutional and Regulatory Economics of Electricity Market Reforms: the Evidence from India, Pakistan, Bangladesh, Nepal, and Sri Lanka

by Bipulendu Singh

A Dissertation submitted to

The Faculty of Columbian College of Arts and Sciences of The George Washington University

in partial fulfillment of the requirements for the degree of Doctor in Philosophy

May 17, 2015

Dissertation directed by

Gerald W. Brock Professor of Telecommunication and of Public Policy and Public Administration

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The Columbian College of Arts and Sciences of The George Washington University

certifies that Bipulendu Singh has passed the Final Examination for the degree of Doctor

of Philosophy as of 18 February 2015. This is the final and approved form of the

dissertation.

Institutional and Regulatory Economics of Electricity Market Reforms: the Evidence from India, Pakistan, Bangladesh, Nepal and Sri Lanka

Bipulendu Singh

Dissertation Research Committee:

Gerald Brock, Professor of Telecommunication and of Public Policy and Public Administration, Dissertation Director Christopher Carrigan, Assistant Professor of Public Policy and Public Administration, Committee Member Davida Wood, Project Manager, World Resources Institute, Committee Member

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© Copyright 2015 by Bipulendu Singh All rights reserved

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Dedication

I dedicate this work to Monika and Zev.

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Acknowledgements

I am greatly indebted to many people for helping me in this journey. My

professors at Wabash College, Ms. Joyce Burnette, Ms. Joyce Castro and Mr. William

Placher (Late) were instrumental in inculcating a love of learning and scholarship in me.

My supervisors at the Asian Development Bank, Mr. Sultan Hafeez Rahman and Mr.

Sungsup Ra made me appreciate the links between economics and development and

inspired me to continue my studies in this field.

My dissertation director at The George Washington University Professor Gerald

Brock introduced me to New Institutional Economics and has been a source of constant

support and guidance ever since I was admitted to the program. I am indebted to my

committee members Prof. Christopher Carrigan and Ms. Davida Woods for their

guidance and support through this process. I must also thank Prof. Donna Infeld for her

inputs to my dissertation proposal.

My father Dr. Narsingh Narayan Singh has been a wonderful parent and a source

of inspiration. He has taught me to work hard, be determined and be true to my intellect.

My mother Ms. Viveki Singh (late) was unconditional with her love and generosity and

always encouraged me to put in my best effort.

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Abstract

Institutional and Regulatory Economics of Electricity Market Reforms: the Evidence

from India, Pakistan, Bangladesh, Nepal, and Sri Lanka

Five South Asian countries– India, Pakistan, Bangladesh, Nepal and Sri Lanka –

embarked on electricity market reforms in the 1990’s. The dissertation uses the

framework of New Institutional Economics to assess the effects on electricity sector

performance of both observables elements of reform (i.e. privatization, unbundling,

establishment of independent regulatory agencies etc.) as well as the unobservable

elements (informal beliefs, habit, norms and culture of the actors involved in reforms).

The first part of the dissertation – econometric analysis of the relationship between

observable electricity market reform measures and performance indicators – finds that for

the most part electricity market reforms in South Asia are having a positive impact on the

performance of the sector. This is particularly the case for reforms that have increased

private sector participation in generation and distribution and have vertically unbundled

utilities into generation, transmission and distribution entities. Many of the reforms are

positively correlated with higher tariffs, indicating a cost to the consumers from the

reforms. The relationship between independent regulation and performance indicators ,

however, is not established.

The second part of the dissertation - analytical narrative of the reform experiences

of Gujarat and Nepal – examines the informal elements (such as beliefs, norms, culture)

that motivate behavior and explains how and why reform outcomes differed in these two

places. The dissertation finds that the strength of formal institutions rules and the nature

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of social norms and customs have a significant influence on the outcome of reforms.

Aided by the strength of its formal institutional framework and more evolved social

norms and customs that encouraged people to follow formal rules, reforms in the Indian

state of Gujarat were a success. The weakness of the formal institutional framework and

the predominance of relation-based norms and customs in Nepal that led to limited

compliance with formal rules, by contrast, limited the success of power sector reforms

there.

Efforts to reform the electricity sector in South Asia undertaken by governments

with the assistance of development agencies such as the World Bank and the Asian

Development Bank have focused to a large extent on getting the content of electricity

market reform measures such as unbundling, privatization, and establishment of a power

market right. The analysis in this dissertation suggests that such measures will be more

successful in places with relatively robust formal rule based systems. Countries that are

planning to carry out significant reforms in the electricity sector will benefit from the

explicit consideration of the informal norms, habits and customs of the actors that will be

affected by the reforms.

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Table of Contents

Dedication………………………………………………….……......................................iv

Acknowledgement………………………………………………………………………...v

Abstract ...……………………………………………………………...…………………vi

List of Figures……………………………………………………………………………xii

List of Tables..…………………………………………………………………………..xiii

Table of Abbreviations………………………………………………………………….xiv

Chapter 1 - Introduction and Background…………………………………...……………1

Section 1: Power Sector Reforms ................................................................................... 3

Section 1a: Organization of the Power Sector ............................................................ 3

Section 1b: Deteriorating Performance ....................................................................... 7

Section 1c: Global Developments and Roadmap ........................................................ 7

Section 2: Evolution of Policy and Institutional Reforms ............................................ 12

Section 2a: India ....................................................................................................... 14

Section 2b: Pakistan .................................................................................................. 17

Section 2c: Bangladesh ............................................................................................. 20

Section 2d: Nepal ...................................................................................................... 23

Section 2e: Sri Lanka ................................................................................................ 25

Chapter 2 - Theoretical Perspectives…………………………………………………….28

Section 1: New Institutional Economics ....................................................................... 29

Section 1a: Nature and Role of Institutions .............................................................. 30

Section 1b: Transaction Costs ................................................................................... 35

Section 1c: Alternative Modes of Governance ......................................................... 38

Section 1d: Regulation .............................................................................................. 42

Section 2: Privatization ................................................................................................. 45

Section 2a: Addressing Bureaucratic Inefficiencies ................................................. 45

Section 2b: Incentivizing Efficiency ......................................................................... 48

Section 2c: Competition ............................................................................................ 51

Chapter 3 - Literature Review……………………………………………………………54

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Section 1: Econometric Studies .................................................................................... 55

Section 1a: Determinants of Reform ......................................................................... 55

Section 1b: Reforms and Performance ..................................................................... 56

Section 2: Case Studies ................................................................................................. 65

Section 2a: Performance of Reforms ........................................................................ 65

Section 2b: Reform Preconditions ............................................................................ 69

Section 2c: Contracts ................................................................................................ 72

Section 2d: Local Context ......................................................................................... 78

Section 2e: Implementation ...................................................................................... 82

Section 2e: Political Economy .................................................................................. 86

Section 2f: Distribution ............................................................................................. 87

Section 2g: Country Specific Issues ......................................................................... 93

Section 3: Gaps Addressed by this Dissertation ........................................................... 95

Chapter 4 - Research Framework and Methodology…………………………………. 98

Section 1: Research Questions ...................................................................................... 99

Section 2: Analytical Framework ............................................................................... 103

Section 3: Methodology .............................................................................................. 105

Section 3a: Econometric Methods .......................................................................... 105

Section 3b: Analytical Narratives ........................................................................... 107

Section 3c: Data Collection .................................................................................... 109

Section 4: Limitations ................................................................................................. 114

Chapter 5 - Econometric Analysis……………………………………………….……..115

Section 1: Introduction ................................................................................................ 115

Section 2: Data and Model .......................................................................................... 116

Section 2a: Explanation of Data.............................................................................. 116

Section 2b: Difference in Sample Means ................................................................ 121

Section 2c: The Model ............................................................................................ 127

Section 2d: Expected Signs ..................................................................................... 131

Section 3: Results ........................................................................................................ 135

Section 4: Conclusion ................................................................................................. 144

Chapter 6 - Analytical Narrative on the IPP Experiences of Nepal and Gujarat….…. 149

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Section 1: Introduction ................................................................................................ 149

Section 2: Narrative .................................................................................................... 150

Section 2a: Pre-reform Period ................................................................................. 150

Section 2b: Implementation of Reforms ................................................................. 154

Section 2c: Outcomes of Power Sector Reforms .................................................... 163

Section 3: Theory and Model ...................................................................................... 167

Section 3a: Modeling the Relationship between IPPs and the Utility/Government 168

Section 3b: Model of Relation Based Governance ................................................. 171

Section 3c: Model of Rule Based Governance ....................................................... 173

Section 3d: Summary of Key Insights from the Theoretical Models ..................... 174

Section 3e: Propositions .......................................................................................... 176

Section 4: Back to the Narrative ................................................................................. 177

Section 5: Evolution of Social Beliefs and Culture in Nepal and Gujarat .................. 203

Section 5a: Gujarat and Nepal: A Common Cultural Past ...................................... 203

Section 5b: Development of Separate Cultural Identities ....................................... 205

Section 5c: Interaction between East India Company and Gujarat ......................... 208

Section 5d: British Conquest of India ..................................................................... 210

Section 5e: Evolution of Institutions in Nepal ........................................................ 214

Section 5f: Nepali and Gujarat in the Early 1990’s ................................................ 217

Section 6: Rankings of Gujarat and Nepal in Governance Indices ............................. 218

Section 7: The Role of Political Instability ................................................................. 222

Section 8: Conclusion ................................................................................................. 225

Chapter 7 - Policy Recommendations…………………………………………………..228

Policy Recommendation 1: Consider the Institutional Setting .................................. 229

Policy Recommendation 2: Strengthen Capacity of Regulatory Agencies ................ 231

Policy Recommendation 3: Adopt an Interdisciplinary Approach to Reforms .......... 233

Policy Recommendation 4: Make Efforts to Establish Rule Based Governance ....... 235

Chapter 8 - Contributions to the Literature on Electricity Market Reforms….………. 237

References………………………………………………………………………………239

Appendix A - Summary of the Key Results of Econometric Studies………….……….263

Appendix B - Strategy for Addressing Challenges………………………………..……272

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Appendix C - Scatter Plots...............................................................................................274

Appendix D - Fixed and Random Effects Specification…………………..……………277

Appendix E - Detailed Stata Outputs …………………………….………………….…280

Appendix F - Results for Sample with Indian States Only.………………………….... 289

Appendix G - Results for States/Countries by Income and System Size………….…. 290

Appendix H - List of Utilities Covered in the Study…………………………….……. 294

Appendix I - Interview Questions………………………………………………………301

Appendix J - Instrumental Variables………………………………….………………..302

Appendix K - Classification of states and countries……………………….…………...304

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List of Figures

Figure 1.1 - Organization of the Power Sector ................................................................... 5

Figure 1.2 - Timeline of Reforms in Bangladesh, India, Nepal Sri Lanka and Pakistan .. 13

Figure 2.1 - Williamson's Four Level of Institutions ........................................................ 32

Figure 4.1 - Analytical Framework for Assessment of Electricity Market Reforms ...... 104

Figure 5.1- Performance and Unbundling ...................................................................... 122

Figure 5.2 - Performance and Independent Regulation .................................................. 123

Figure 5.3 - Performance and Private Sector Participation ............................................. 123

Figure 5.4 - Governance and Performance ..................................................................... 124

Figure 5.5 - Reforms and Performance ........................................................................... 126

Figure 5.6 - Reforms and Performance ........................................................................... 126

Figure 6.1 - Incentives for IPPs in Nepal and Gujarat .................................................... 160

Figure 6.2 - Current Structure of Power Sector in Gujarat ............................................. 162

Figure 6.3 - T&D losses and Aggregate Technical and Commercial losses (%) ........... 163

Figure 6.4 - Average Realization, Cost to Serve & Profit before Tax (Rs. million) ...... 163

Figure 6.5 - IPP Installed Capacity, 1990-2011 (MW) ................................................... 166

Figure 6.6 - IPP Investments, 1990-2011 ($ billion) ...................................................... 166

Figure 6.7 - A Model of Relation Based Governance .................................................... 172

Figure 6.8 - Optimal Enforcement Modes in Different Size Worlds .............................. 174

Figure 6.9 - Comparison of Main Hydropower Policies and Acts ................................. 185

Figure 6.10 – Evolution of Institutions in Gujarat and Nepal......................................... 204

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List of Tables

Table 2-1 - Regularity of Behavior in the Electricity Sector ............................................ 33

Table 2-2 - Attributes of Leading Generic Modes of Governance ................................... 36

Table 4-1 - Data Sources................................................................................................. 113

Table 4-2 - Subject States and Countries of this Study .................................................. 113

Table 5-1 - Selected Power Sector Performance Indicators ........................................... 117

Table 5-2 - List of Explanatory Electricity Market Reform Variables ........................... 118

Table 5-3 - List of Other Explanatory Variables ............................................................ 118

Table 5-4 - Statistical summary of key variables............................................................ 120

Table 5-5 - Timeline of reforms in South Asia ............................................................... 120

Table 5-6 - Summary of expected signs ......................................................................... 134

Table 5-7 - Regression Results (Fixed Effects) .............................................................. 140

Table 5-8 - Regression Results (Random Effects) .......................................................... 141

Table 5-9 - Fixed and Random Effects Tests.................................................................. 142

Table 5-10 - Summary of statistically significant findings ............................................. 143

Table 6-1- Pre and Post Reform Power Sector Performance Indicators ......................... 165

Table 6-2 - One Sided Prisoner's Dilemma .................................................................... 170

Table 6-3 - Scores of Nepal and India on Different Governance Variables ................... 219

Table 6-4 - Risk Premiums for Different Countries ....................................................... 221

Table 6-5 - List of Prime Ministers of Nepal Since 1990 ............................................... 223

Table 6-6 - List of Chief Ministers in Gujarat ................................................................ 224

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Table of Abbreviations

ADB Asian Development Bank

BPDB Bangladesh Power Development Board

CEB Ceylon Electricity Board

ETFC Electricity Tariff Fixation Committee

GDP Gross Domestic Product

GEB Gujarat Electricity Board

IIPA Indian Institute of Public Administration

IPP Independent Power Producer

NEA Nepal Electricity Authority

NIE New Institutional Economics

OECD Organization for Economic Cooperation and Development

PPA Power Purchase Agreement

SEE South East Europe

T&D Transmission and Distribution

TAP Transparency, accountability and public participation

WAPDA Water and Power Development Authority

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Chapter 1 - Introduction and Background

Electricity has consistently ranked first in polls of all-time greatest inventions

carried out by Gallup in the United States1. Electricity is critical to economic

development and poverty reduction. Electricity access, especially for the poor,

contributed to the achievement of Millennium Development Goals. Without electricity,

economies cannot grow and poverty cannot be reduced. Electricity is an important input

to all sectors of the economy, and aids industry, commerce, agriculture, and important

social services such as education and health.

Yet almost two hundred years after Michael Faraday invented the electric

dynamo, more than 1.3 billion people still lack access to electricity. Many countries face

frequent electricity outages and load shedding, which serves to lower enterprise

productivity, competitiveness, and employment, and is a severe constraint on economic

growth. The South Asia region in particular has fared poorly in ensuring access to

reliable electricity. Of the 1.3 billion people without electricity in the world, two fifths or

about 493 million live in South Asia (International Energy Agency, 2011). Many more

lack access to reliable and regular electricity supply.

Industries have to rely on backup generators for electricity, which are

significantly more expensive ($0.22-0.30) than grid electricity ($0.09-0.16/kWh).For

1Gallup Poll has twice asked Americans -- in 1947 and again in 2005 -- what they think is the greatest invention ever made. In both surveys taken nearly six decades apart, the same response -- electricity, electric light, or electrical appliances -- is named most frequently. Twenty-nine percent of Americans thought this was the greatest invention in 1947*, and 21% think so in 2005.

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India, a 2012 survey by the Federation of Indian Chambers of Commerce and Industry

found that the lack of affordable and quality power has been a serious detriment to the

health and stability of Indian industry, especially small and medium enterprises. A 2006

World Bank investment climate assessment indicated an almost 7 percent loss in

production value due to power outages or surges from the public grid (Pargal, 2014). The

average per capita annual consumption of electricity in South Asia at 605Kwh is a fifth of

the global average. Moreover, the electricity sectors of South Asian countries are

characterized by high levels of transmission and distribution (T&D) losses (S. C.

Bhattacharyya, 2007c).

United Nations Secretary-General Ban Ki-moon launched the Sustainable Energy

for All initiative in September 2011 to make universal electricity access a reality by 2030.

The initiative plans to pursue greater energy efficiency and penetration of renewable

energy in parallel. The World Bank estimates that achieving universal access to modern

energy services by 2030 will cost $48 billion a year, which will have to be met through a

partnership of governments, private sector, development agencies and civil society

(World Bank, 2013b).

It is now well accepted that institutional and regulatory arrangements play an

important role in determining the outcomes of the electricity sector. According to the

New Institutional Economics (NIE) literature, institutions are defined to include formal

constraints (rules, laws, and constitutions) and informal constraints (norms of behavior,

conventions, and self-imposed codes of conduct) as well as their enforcement

characteristics (North, 1994). Regulations are formal constituents of institutions,

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developed by governments to focus on specific economic sectors for controlling market

power, monitoring performance and providing incentives (Kumar, 2009). The structure

and design of institutions as well as the manner in which different levels of institutions

interact with each other has a significant influence on sector performance.

Countries have continuously striven to set up appropriate institutional and

regulatory structures to improve electricity sector performance. For several decades after

the Second World War, these efforts were typically led in most countries by a vertically

integrated supply chain in which all the main supply functions—power generation,

transmission, distribution, and customer services—were the responsibility of a state-

owned electricity utility. However, starting in the late 1970’s, reform efforts were

initiated to unbundle the electricity sector and promote private sector participation and

competition in the sector. These reforms had spread to South Asia by the early 1990’s.

Section 1: Power Sector Reforms

Section 1a: Organization of the Power Sector

The electricity sector can be divided into generation, transmission, and

distribution/supply segments (Figure 1.1). Each of the segments has qualities that

differentiate it from the others and determine the nature of reforms that can be

undertaken.

Generation is the creation of electricity using fossil fuel and renewable energy

sources such as oil, natural gas, coal, nuclear power, hydropower (falling water),

renewable fuels, wind turbines, and photovoltaic technologies. Electricity generation

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costs depend on fuel prices, capital costs, labor costs and maintenance costs as well as the

performance characteristics of the technology, including capacity factor, thermal

efficiency, and operating life.

T&D are the “wires” component of electricity sector. Transmission involves the

high-voltage transportation of electricity between generating sites and a distribution

center. Transmission also involves the management of generators in a grid to maintain

voltage and frequency stability and to prevent the system from breaking down.

Transmission has natural monopoly characteristics since competition means duplication

of the existing network.

Distribution is the low-voltage transport of electricity to household and

businesses. In some instances, the retail and supply functions such as metering, billing

and various demand management services may be separated from distribution (Steiner,

2000).

The characteristics of electricity have important implications for the kind of

reforms that can be introduced in the sector. First, there is significant variation in the

demand for electricity over the course of the day, month and year. Second, electricity

cannot be stored economically by consumers or distributors. As a result, the generation

and consumption of electrical energy needs to be matched at any given time. In

particular, there is need to maintain significant complementarities between the generation

and transmission segments to ensure that “a large number of generating facilities

dispersed over wide geographic areas provide a reliable flow of electricity to dispersed

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demand nodes while adhering to tight physical requirements to maintain network

frequency, voltage and stability” (P. L. Joskow, 1997).

Figure 1.1 - Organization of the Power Sector

Source: U.S. Department of Energy.

In the pre-reform stage, the power sector of South Asian countries was dominated

by state owned power utilities. This structure consisted of a vertically and horizontally

integrated supply chain in which all the main supply functions—generation, transmission,

distribution, and customer service—were the responsibility of a power utility. The

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justification for adopting the pre-reform industry and market structure rested on

following grounds:

• Transaction costs. The generation and T&D segments of the electric industry were

seen to be technically interdependent, with design and operation of one segment

requiring coordination with the design and operation of the other segments. It was

understood that vertical integration reduced transaction costs by mitigating the

information asymmetry, lessening uncertainty and risk, and reducing overhead costs

(P. Joskow & Schmalensee, 1983).

• Economies of Scale. Utilities were seen to enjoy increasing returns to scale2. State

financing was seen to be required to undertake the large scale investments in

production and network assets with high fixed costs that were needed to capture

economies of scale, but which had little market value in alternative uses to mitigate

investment risks (Steiner, 2001).

• Natural Monopoly. The T&D segments of the sector in particular were seen to have

strong natural monopoly characteristics given the large investments required and the

necessity to avoid wasteful duplication. State ownership and financing was favored to

keep an industry with substantial degree of natural monopoly under state stewardship

to enhance consumer welfare from these services (P. L. Joskow, 1997).

2 Electricity is a non-storable good which requires demand and supply through wires to be balanced in real time. For this to happen, suppliers must maintain sufficient reserves in the form of “spinning reserve” and “black start capacity” to meet the maximum demand possible at any given time. (Steiner 2000). An increase in the customer base of a utility causes the reserve margin requirement to decrease, as heterogeneous consumers effectively pools risk faced by suppliers. Likewise, it was more cost efficient to produce electricity from large power plants compared to small power plants.

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• Strategic Considerations. Governments considered the power market to be critical

to national economic security, as well as a means for pursuing economic and social

distributional objectives. Electricity was seen not as an economic good that needed to

be priced on economic terms but as a social good that governments needed to make

available to everyone and state ownership was considered critical for this to happen

(J. E. Besant-Jones, 2006; J. Besant-Jones & Vagliasindi, 2012).

Section 1b: Deteriorating Performance

Under this structure, however, the quality of power supply deteriorated alarmingly

by the late 1980’s and early 1990’s. South Asian countries experienced power shortages

and frequent interruptions. The financial performance of utilities was undermined by

below cost pricing, electricity theft and large T&D losses. A large number of citizens—

especially in rural areas—lacked access to electricity supply, and the power sector was a

drain on the government’s budget (Harris, 2003). Consumers had to cope with shortages

and lack of access by self-provision or buying expensive inferior substitutes to network

access. The inability of public utilities to meet demand created black markets for

connections and the opportunity for employees and government officials to solicit bribes

to move customers to the head of the queue (S. C. Bhattacharyya, 2007c).

Section 1c: Global Developments and Roadmap

The global movement to reform electricity markets started in the late 1970’s and

early 1980s. This movement was influenced by the larger economic liberalization,

deregulation and privatization movement. In 1978, the United States passed legislation

requiring utilities to buy electricity from independent “qualified facilities.” Several years

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later in 1982, Chile passed legislation enabling large end users to choose their supplier

and freely negotiate prices (IEA, 2001). In the years to follow, this reform movement

quickly spread to other parts of the world, with the phenomenon accelerating during the

1990’s. Reform proponents argued that the natural monopoly and economy of scale

considerations from vertical integration were no longer valid for the electricity sector,

and that the benefits of market reforms such as competition, private investment, and

private sector managerial expertise outweighed the additional transaction costs associated

with unbundled power systems. Technological advances supported the argument of

reformers (Steiner, 2001). In particular, advances in technology in electricity generation

in the form of combined heat and power plants and combined-cycle gas turbine

generation enabled electricity generation to be efficient at a smaller scale than before, and

diminished the importance of economies of scale. Moreover, advances in the computing

systems used to meter and dispatch power, reduced the transaction costs associated with

coordination between generation, transmission and distribution segments of the electricity

sector.

The generation and supply sub-sectors were now seen to be subject to increasing

marginal costs. It was expected that entities under dispersed ownership would facilitate

competition and that privatizing unbundled generators and suppliers would not only

introduce financial resources and management expertise but also lead to lower prices and

improvements in quality of services. As implemented in different countries, electricity

market reforms have included the following stages and elements, with only a few

countries having reached the most advanced stage of reforms (Vagliasindi & Besant-

Jones, 2013).

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1) Vertical integration with Independent Power Producers (IPP). This stage

involves liberalization of generation to allow private IPPs to sell power to the

vertically integrated utility, usually through a Power Purchase Agreement (PPA).

These arrangements can be either reached through a negotiated memorandum of

understanding or through a competitive bidding approach. Although this kind of a

single buyer arrangement is easier to implement than other market structures, it

carries substantial risks for reform outcomes since the government retains control

over the utility. It can use this influence to (i) manipulate the terms of agreement

with IPPs; (ii) commission excess generating capacity and to choose costly

generation technologies; and (iii) impose tariffs that are not consistent with

financial viability of the utility (J. E. Besant-Jones, 2006).

2) Vertical and horizontal unbundling. This involves unbundling of the state

owned utility along the power supply chain (generation, transmission, and

distribution/retail) and/or into numerous entities (“horizontal” unbundling). In

some countries distribution and retail functions are combined in one entity while

in others they are undertaken by separate entities. Unbundling aims to take away

the state owned utility from the day to day control of the politicians and

bureaucrats in government, and transform it into independent legal business units

through corporatization and commercialization. The new corporate entities are

governed through an independent Board of Directors and expected to raise

financing for expansion of their supply capacity from capital markets without

recourse to government fiscal resources. The economic benefits from unbundling

a vertically integrated power utility rests on whether the gains from greater

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efficiency can exceed the costs of arm’s length transactions among the separated

segments (Meyer, 2012).

3) Establishment of an independent regulator. This involves the establishment of

an independent regulatory agency to oversee the actions of the different players in

the power market, including issuing tariff orders, preventing anticompetitive

abuses of market power and ensuring appropriate investment in new supply

capacity. Independent regulators are expected to encourage private capital to

invest in capacity in the face of a potential “hold up” problem under conditions of

incomplete contracts and provide reassurance to investors that prices, outputs and

inputs will not be politically manipulated (Mâenard, Claude 2005 320). The role

of the independent regulator varies according to the specifics of the power market.

4) Privatization of the unbundled entities. This involves the privatization of the

unbundled entities to bring in the financial resources and technical and managerial

expertise of the private sector and to facilitate the emergence of competitive

power market. Private investment in power markets depends on the prospective

risks and returns of investments. These risks and returns depend not only on the

investors’ perspective of the specific terms attached to each investment proposal,

but also on the specific political, macroeconomic and regulatory environment of

the country. Electricity generators principally look for transparent pricing

mechanisms in the electricity market, viable purchasers of the output, and the

ability to manage uncertainty in market prices for their outputs. Electricity

distributors look for predictability of regulated electricity tariffs, pass through to

retail tariffs of cost elements beyond the distributor’s control, freedom to

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disconnect nonpayers, and regulated open access to the transmission network

(Newbery, 2003).

5) Creation of a competitive electricity market. This involves the creation of a

competitive power market where consumers are able to purchase power from

multiple retail entities, which themselves have the option of procuring power from

multiple generation entities through a power market exchange. The transmission

segment is left as a monopoly entity, given its natural monopoly characteristics

but regulated by the independent regulator and required to facilitate the effective

operation of the power market. Bilateral trading and organized power exchanges

are the main market designs that have emerged for competitive trade in wholesale

power. In a gross power pool, generators have to sell all their electrical energy

into an organized exchange. In a net power pool most—typically over 90

percent—of the trade is conducted under bilateral arrangements, under which

generators sell power to power retailers (including distribution companies) that

sell power to end users, power marketers (traders that deal with other traders and

retailers), and large end users of electricity. In a competitive power market, a

combination of regulatory oversight and competition law is needed to provide

consumers with the protection from market power that conventional competition

law provides in markets for other products 3(IEA, 2001).

3 The 2001 electricity crisis of California demonstrates the possibility of abuse of market power by market participants – hence the role of regulatory oversight is very important for successful establishment of power markets.

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Section 2: Evolution of Policy and Institutional Reforms

Against the backdrop of poor sector performance and the growing global

movement toward electricity market reforms, South Asian countries embarked on the

reform process in the early 1990’s. Their expectations from reforms were similar to those

in other parts of the world: (i) attracting private investment including foreign investment;

(ii) improving the financial and operational performance of the sector; (iii) reducing

dependence on state support; (iv) improving the quality of service and (v) increasing

access to electricity (S. C. Bhattacharyya, 2007c). While all countries and states in South

Asia have made some progress in reforming their power markets, the progress is uneven

and none has moved to the most advanced stages of reform. Figure 1.2 depicts the

timeline of electricity market reforms in the four countries.

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13

Figure 1.2 - Timeline of Reforms in Bangladesh, India4, Nepal Sri Lanka and

Pakistan

Source: Compiled from utility and government websites by the author

4 In India, six urban distribution utilities– Tata Power Company (TPC), BSES, Calcutta Electricity Supply Company

(CESC), Surat Electric Company (SEC), Ahmedabad Electric Company (AEC) and NOIDA Power company– have

existed as private utilities since before the initiation of electricity market reforms. Since these utilities cover relatively

small share of India’s population and are not part of an electricity sector reform roadmap, they are not covered in this

study.

Introduction of

Independent Power

ProducersAll Indian States (1991), Nepal(1992), Pakistan(1994), Bangladesh (1996)Sri Lanka (1996)

Unbundling

of Utilities

Andhra Pradesh (2000), Assam(2004), Bangladesh(2004)

Chattisgarh (2009)

Delhi(2002), Gujarat(2005), Haryana(1998),

Himachal (2010) Karnataka(1999),

MP (2005) Maharashtra(2005),

Meghalaya (2010) Orissa(1996), Pakistan(1992), Punjab(2010), Rajasthan(2000), Tamil Nadu(2010),

UP (2000)

Uttaranchal (2004)

West Bengal(2007)

Pakistan (2001)

Establishment

of Independent

Regulatory Commission

Bangladesh(2004),

Pakistan(1998),

Sri Lanka (2009)

All Indian states (1996-2011)

Privatization

Delhi (2002)

Orissa (1996)

Competitive Power Market

Not completed in any of the states or countries

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14

Section 2a: India

The 1948 Electricity Act and the 1956 Industrial Policy Resolution guided India’s

electricity sector prior to the 1990’s. They established electricity sector as a “concurrent”

subject, giving both India’s central government and the state governments a role in the

development of the sector. The Central Electricity Authority was established as an

advisory body on national power planning, policy making, and monitoring progress. The

state electricity boards were formed as vertically integrated utilities responsible for power

generation, transmission, and distribution and for setting tariffs in states. Prior to the

1960’s, dozens of private utilities were operating in urban areas all over the country. In

the early 1960’s, with the creation of state electricity boards (SEBs) through Electricity

Supply Act (ESA), 1948, all of these utilities except five were gradually taken over by

the SEBs and nationalized5 (Tongia, 2003).

However, by the late 1980’s, “electricity subsidies had burgeoned, perceptions of

corruption in the sector were rife, and the lack of investment in technology and

management of T&D systems had contributed to rising theft and waste in a destructive

downward spiral” (Kale, 2007a). In 1991, the power sector was incurring annual losses of

$0.85 billion— 0.7 percent of Gross Domestic Product (GDP) at the time—and had a cost

recovery rate of only 79 percent. The sector also had high technical and commercial

5 Five major distribution utilities – Tata Power Company (TPC), BSES, Calcutta Electricity Supply Company (CESC),

Surat Electric Company (SEC), and Ahmedabad Electric Company (AEC) - survived this acquisition and still operate

as private utilities. In 1993, distribution in the NOIDA area (adjacent to New Delhi) in Uttar Pradesh was privatized

and was handed over to the NOIDA Power Corporation.

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15

inefficiencies, including T&D losses of 23 percent and a plant load factor of 54 percent.

Peak and energy deficits were 18.8 percent and 7.7 percent, respectively (Pargal, 2014).

The poor performance of the sector together with a balance of payment crisis in

1991 provided the impetus for India’s central government to pass a series of legislation to

support reforms in the electricity sector. In 1991, the legislation governing electricity

sector was amended to allow private sector participation in power generation through

IPPs. The Mega Power Policy followed in 1995 to encourage investment in projects

larger than 1,000 MW. As part of these reforms, the central government offered attractive

terms to investors, including a guaranteed 16% return on equity (after tax) as well as “fast

track” status to ensure rapid clearances and central government repayment guarantees. By

August 1995, Letters of Intent had been signed for 189 projects with 75,000 MW.

However, only small proportion of these projects ever came to fruition, reflecting the

high costs of many of these projects relative to state owned projects as well as opposition

from environmental and social groups (Tongia, 2003). Notable failures included the

Dabhol power plant in Maharashtra developed by Enron, which had to be abandoned

after a newly elected state government refused to honor its contractual commitments,

citing high costs of power and lack of transparency in awarding contracts by the previous

state government (Kale, 2007a).

In 1996, Orissa became the first state in India to vertically restructure and

privatize its electricity sector and create an independent regulatory agency for the

electricity sector. In 1998, the Electricity Regulatory Commissions Act was passed,

which provided a legal basis for regulatory commissions and allowed states that had not

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already independently created legislation for regulatory authorities to establish their own

electricity regulatory commissions. The Act also created the Central Electricity

Regulatory Commission with jurisdiction over inter-state electricity trade. Subsequently,

a number of states, including Haryana, Karnataka, and Rajasthan unbundled their utilities

and established independent state electricity regulatory commissions. In 2002, Delhi

became the only state other than Orissa to privatize its distribution utilities.

These reforms culminated with the passage of a landmark EA 2003, which

consolidated the various reforms undertaken since 1991 into “a single, progressive,

market-oriented framework” (Pargal, 2014). EA 2003 mandated the creation of State

Electricity Regulatory Commissions, multiple licensing in the distribution sector, strict

measures to control theft, license-free entry to thermal generation, and non-

discriminatory access to the transmission system. It also promoted the gradual

introduction of open access in distribution.

In 2006, in line with the 2003 Electricity Act, the National Tariff Policy provided

guidelines to regulators for fixing tariffs for generation and T&D and made it mandatory

for distribution licensees to procure power from the private sector through competitive

bidding. Several other policy measures such as the National Electricity Policy in 2005,

the Integrated Energy Policy in 2006; and the Hydropower Policy in 2008 were also

adopted to elaborate on the provisions of EA 2003.

The implementation of national policies at the state level falls under the

jurisdiction of states and has been uneven, with some states achieving more progress than

others. As of 2013, IPPs are allowed in all states, and 28 regulatory commissions exist,

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covering all states. Unbundling has been completed in 19 states, with the remaining ten

states having a single utility operating either as a corporation, power department, or State

Electricity Board.

Despite progress in implementing reforms over the last twenty years, the

distribution segment continues to post significant losses. Power sector after-tax losses,

excluding state government subsidies to the sector, were Rs618 billion ($14 billion) in

2011, equivalent to nearly 17 percent of India’s gross fiscal deficit and around 0.7 percent

of GDP (Pargal, 2014). Moreover, the poor financial condition of state owned

distribution utilities is compromising their ability to purchase power from private sector

generators, which in turn is serving to dampen private sector interest in the power sector.

Section 2b: Pakistan

Two public sector utilities, namely Water and Power Development Authority

(WAPDA) and Karachi Electric Supply Company have traditionally served Pakistan’s

power sector since its independence in 19486 (Figure 1.3). Pakistan experienced

widespread power shortage in the 1970s and 1980s as a result of rising demand and

lagging supply (S. C. Bhattacharyya, 2007c).

In 1992, Pakistan’s government approved a strategic plan for power sector

restructuring and initiated wide ranging reforms to increase investment, improve service,

6 Karachi Electric Supply Company, a vertically integrated utility, supplies power to Karachi, the financial and commercial capital of the country, and adjoining industrial areas of Sindh and Balochistan. WAPDA created through a 1958 act for the development and use of water and power on an integrated and multipurpose basis, was the national, vertically integrated power utility serving the entire country, except Karachi.

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and strengthen the sector’s financial performance, with particular emphasis on attracting

private investors to help achieve these objectives. As part of these reforms, Pakistan

opened its power sector to IPPs in 1992, offering generous incentives for private

investment, including high tariffs for power, take or pay contracts, government guarantee

for payments and indexation and pass through of costs associated with exchange rate

volatility, inflation and fuel price variation (S. C. Bhattacharyya, 2007c). As a result of

these policies, about a half of Pakistan’s generation capacity is currently privately owned.

Figure 1.3 - Overview of Pakistan's Power Sector

In November 1998, the government initiated the restructuring of the vertically

integrated WAPDA, which supplies electricity to 85% of the country, and completed it

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19

unbundling and corporatization of into fourteen companies (nine distribution, one

hydroelectric7, one transmission, and four thermal generation8). However, WAPDA

continued to maintain financial and operational control over the successor companies

through the Pakistan Electric Power Company, an agency established in 1998 and

entrusted with the task of managing WAPDA corporate restructuring. It was only in 2008

that four successor distribution companies were granted full financial autonomy. In

November 2005, 73 % of the shares of Karachi Electric Supply Company were sold to a

strategic investor while the government retained 26% ownership.

An independent regulator, the National Electric Power Regulatory Authority,

initially established in 1995, was operationalized in 2001 to regulate the power sector.

The National Electric Power Regulatory Authority is responsible for sector regulation,

including tariffs, licenses, and related responsibilities. National Electric Power

Regulatory Authority is expected to be autonomous in discharging its duties although its

tariff decisions have to be notified by the government in order to become legally binding

(World Bank, 2008b).

Pakistan’s electricity sector has been facing a large financial deficit, on account of

tariffs that are below cost recovery levels. The country has been experiencing prolonged

7 Five companies are in the province of Punjab: Islamabad Electric Supply Company (IESCO), Lahore Electric Supply Company (LESCO), Gujranwala Electric Power Company (GEPCO), Faisalabad Electric Supply Company (FESCO), and Multan Electric Power Company (MEPCO). The other three—Hyderabad Electric Supply Company (HESCO), Quetta Electric Supply Company (QESCO) and Peshawar Electric Supply Company (PESCO)—are in the provinces of Sindh, Baluchistan and Khyber Pakhtunkhwa respectively. 8 The four thermal power companies are: Jamshoro Power Generation Company Limited at Jamshoro, Central Power Generation Company Limited at Guddu, Northern Power Generation Company Limited with its head office at Muzaffargarh, and Lakhra Power Generation Company Limited at Khanote.

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20

hours of load shedding, reflecting the massive shortfalls in meeting peak demand. On the

financial front, the government paid PKR349 billion in subsidies or 1.75 percent of GDP

in 2013. Pakistan power sector is suffering from an overhang of circular debt – a term

used to denote costs that are not being recovered from consumers or the government and

accumulate on the books of the public electricity distribution companies. The distribution

companies in turn fail to pay fully for electricity purchased from IPPs and other

generation companies, thus, spreading the shortfall throughout the supply chain (World

Bank, 2014).

Section 2c: Bangladesh

The Bangladesh Power Development Board (BPDB), which was bifurcated from

Pakistan’s WAPDA with Bangladesh’s independence in 1972, has historically enjoyed

monopoly status in the sector (Figure 1.4). In 1978, the rural areas in Bangladesh were

put under the purview of the Rural Electrification Board with the intention of providing

greater focus to rural electrification efforts (IAEA, 2013).

In response to the poor financial and operational performance of BPDB, the

Dhaka Electricity Supply Authority was formed in the 1980s to service the Dhaka

metropolitan area. Dhaka Electricity Supply Authority was created to bring

improvements in the quality of service, revenue collection as well as lessen the

administrative burden of the BPDB. This was followed by the formation of the Dhaka

Electric Supply Company out of Dhaka Electricity Supply Authority assets in 1998

(World Bank, 2008c). However, the sector continued to face shortfalls in investments

needed to meet the growing electricity demand in the country.

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In 1992, the Industrial Policy was amended to allow entry of IPPs. Foreign

investment in the sector was allowed with the formulation of The Private Sector Power

Generation Policy in 1996. As a result of these policies, Bangladesh was able to attract

private investment for about 1290 MW of generation capacity or about a third of

Bangladesh’s total capacity (World Bank, 2008c).

Figure 1.4 – Overview of Bangladesh’s Power Sector

BPDB: BPDB DPDC: Dhaka Power Distribution Cooperation

DESCO: Dhaka Electric Supply Company WZPDC: Western Zone Power Distribution Company

REB: Rural Electrification Board PGCB: The Power Grid Company of Bangladesh

APSCL: Ashuganj Power Station Company Ltd EGCB: Electricity Gen. Company of Bangladesh

NWPGCL: North West Power Gen. Co. Ltd. WZPDCL: West Zone Power Distribution Co. Ltd.

To improve efficiency and accountability in the sector, the country’s National

Energy Policy formally adopted the principles of functional unbundling and independent

regulation in 1996. Functional unbundling of the vertically integrated utility, BPDB, was

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22

initiated in 1996 but has progressed very slowly and is still ongoing (World Bank,

2008a). As part of reforms, the following companies have been created as subsidiaries of

BPDB:

• The Power Grid Company of Bangladesh (1996)

• Ashuganj Power Station Company Limited (1996)

• Electricity Generation Company of Bangladesh (1996)

• North West Power Generation Company Limited (2007)

• West Zone Power Distribution Company Limited (2005)

The unbundling of the Power Grid Company of Bangladesh from BPDB was

completed in 2003, and it began to oversee the transmission assets of BPDB and Dhaka

Electricity Supply Authority. The Power Grid Company of Bangladesh is a public limited

company, and is 76.25 % owned by BPDB; the remaining 23.75% is owned by the

general public. The West Zone Power Distribution Company Limited was unbundled

from BPDB in 2005 but efforts to unbundle the remaining distribution divisions in the

South, North West and Central zones have been proceeding slowly. The Dhaka Power

Distribution Company Limited was incorporated in 2005 and became operational in

2008..

The enabling legislation for the establishment of an independent regulatory

commission was passed in 2003 but the commission was only operationalized in 2005.

However, the Bangladesh Electricity Regulatory Commission is understaffed and under-

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23

resourced, and has not been able to carry out all of its responsibilities (World Bank,

2013a).

Bangladesh is now in the midst of a serious power crisis, and is taking steps to

augment power generation capacity, among other steps. But the sector is financially

weak, access to capital is severely constrained, and prices do not cover costs. Generation

has failed to keep pace with demand; load shedding runs at a level of at least 500 MW

during peak periods of most days, and in heavy demand seasons has hit as high as around

1,000 MW.

Section 2d: Nepal

In the early stages of development of the electricity sector, Nepal’s Electricity

Department was in charge. Once the supply capacity began to grow, the Nepal Electricity

Corporation was established in 1962 under the Nepal Electricity Corporation Act. In

1974, the Eastern Electricity Corporation was established to manage the electricity

system in the Eastern Region of the country. The government found the arrangement of

having multiple bodies involved in operating the Nepal electricity system unsatisfactory

and, as a result, established the Nepal Electricity Authority (NEA) in 1984 as a state

owned vertically integrated utility by combining the Electricity Department, Nepal

Electricity Corporation and the Eastern Electricity Corporation (World Bank, 1984).

In 1991, Nepal elected a new government which inherited a situation in which

current public expenditures (including higher subsidies and large wage increases) had

increased significantly and the finances of many public enterprises, including the NEA

were extremely weak. In response, the government committed to an outward-oriented

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growth strategy and a lead role for the private sector in a market-directed and competitive

economy (World Bank, 1992a). In the power sector, it committed reforms to move from a

state-centered bureaucratic approach towards commercialization of NEA and increasing

the role of the private sector in electricity generation. A new Hydropower Development

Policy and Electricity Act was adopted in 1992 to enable private sector development

(including 100% foreign capital investment) of hydropower through licensees (S. C.

Bhattacharyya, 2007c).

As part of its efforts to increase transparency in decision making in the electricity

sector, the government also set up the Electricity Tariff Fixation Committee (ETFC) in

1994 to make tariff adjustments based on economic and financial criteria, including

automatic adjustment to reflect changes in fuel costs, and ensure that tariffs were in

accord with financial principles. (World Bank, 1992b). By 1996, licenses had been

granted for 10 private sector projects with total installed capacity of 1300MW (Pradhan,

1996). However, only two of these projects was carried through to completion.

With the intention of attracting more investment from the private sector, further

changes were made to the legal and regulatory regime in early 2000’s. The Hydropower

Policy was revised in 2001 recognizing that an investment friendly, clear simple and

transparent policy is necessary to enhance the development process of hydropower. The

2001 policy also proposed the establishment of a new independent regulatory

commission (Government of Nepal, 2001). In line with this objective, a bill was prepared

to establish the Nepal Electricity Regulatory Commission, but this bill was never enacted.

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25

These reforms did nothing to improve the size or number of investments in the

electricity sector, with the Maoist insurgency in the country having a dampening effect.

Between 2002 and 2006, only about 40MW of generation capacity was developed with

private sector investment while there was no major public investment in the electricity

sector by the government (NEA). The Draft Electricity Act 2006 focused on further

strengthening the legal and regulatory arrangement for investments in the electricity

sector. However, the bill has not yet been enacted (World Bank, 2011).

Nepal faces a huge shortfall in electricity supply. Kathmandu, the main

consumption center, has blackouts for 14 to18 hours a day during winter season and load

shedding almost every day year-round. A low tariff has left the NEA in a weak financial

situation. As a result, the utility is unable to carry out new investments in the electricity

sector while private sector investors have been reluctant to invest in Nepal (ADB, 2013).

Section 2e: Sri Lanka

The Sri Lankan government formed the Ceylon Electricity Board (CEB) in 1969

as a state owned vertically integrated utility to take charge of the power sector. Until

then, the responsibility for the electricity sector had been divided among a multiple local

and central government departments and the private sector. The government subsequently

established the Lanka Electricity Company in 1983 to distribute electricity in urban areas

as a joint undertaking of the CEB and the Urban Development Authority (Karunanayake,

2007).

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26

With the aim of attracting more investment to the power sector, the government

opened up the sector to IPPs in 1996. Faced with CEB’s weak financial performance,

politicized nontransparent tariff processes, generation supply constraints, a transmission

system overloaded in several areas, and high system losses in the late 1990’s, the

government approved a sector restructuring plan in April 2001. The restructuring plan

required the unbundling of the CEB into a generation company, a transmission company,

and four distribution companies and the establishment of an independent regulatory

commission to improve sector governance, (ADB, 2010). Legislation to encourage these

reforms – the Sri Lanka Electricity Reforms Act in 2002 – was approved by the

parliament in 2002 and but never implemented due to opposition from CEB trade unions.

Subsequently, the Supreme Court found it unconstitutional in 2006.

The government initially planned to establish an independent electricity

regulatory agency but later decided to consolidate the regulatory functions of different

sectors – water, electricity, petroleum, ports – under one Public Utilities Commission of

Sri Lanka. The Public Utilities Commission of Sri Lanka was set up in 2003 but remained

inactive (S. C. Bhattacharyya, 2007c).

Electricity sector reforms received a fresh impetus with the enactment of Sri

Lanka Electricity Act in March 2009 that empowered the Public Utilities Commission of

Sri Lanka to regulate the electricity sector from April 2009. Under the provisions of the

Act, the Public Utilities Commission of Sri Lanka is reviewing CEB requests for tariff

increases, is addressing customer complaints, and has taken initiatives in safety

inspection. CEB has converted its generation, transmission, and distribution operations

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into six functional business units—one for generation, one for transmission, and four for

distribution, although unbundling is no longer being considered (ADB, 2010).

Since the 1990’s, Sri Lanka electricity generation mix has shifted from relatively

inexpensive hydro to significantly more expensive, thermal power generation sources

such as oil. The latter now comprises 61% of the generation mix, up from 6% in 1995.

The vast majority of these investments have been undertaken by IPPs; private sector

generation now comprises a third of the total generation capacity. The growing reliance

on private oil-fired plants, the increase in oil prices, and the delayed construction of new

hydropower plants have significantly pushed up the cost of generation. There is an urgent

need to build base load generation capacity with low cost fuels, such as imported coal,

and to invest in hydropower and other renewable resources (ADB, 2010).

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Chapter 2 - Theoretical Perspectives

The theoretical core of this dissertation is based on NIE and Theories of

Privatization. NIE highlights the importance of the institutional and regulatory decisions

in shaping economic outcomes. Theories of Privatization provide the rationale for greater

private sector participation. Theories of privatization were one of the main driving forces

behind the reforms in the electricity sector. NIE can be useful in understanding the

performance of reforms in the electricity sector.

The first section of this chapter provides an overview of the works of the major

figures in NIE such as Ronald Coase, Douglas North, Oliver Williamson, Avner Greif

and Avinash Dixit who have been instrumental in bringing NIE to the forefront of the

study of economic development. For a long time, neo-classical economics held complete

sway in academic and policy circle, and the study of institutions was consigned to the

margins. However, the growing evidence of the decisive role played by institutions in

determining economic outcomes along with increasing theoretical and empirical

development in these areas has resulted in NIE’s increased prominence9. NIE can be

particularly useful in studying the implementation of institutional and regulatory reforms

in the electricity sector since these reforms involve a complex interplay between different

levels of institutions, including transaction costs and contractual relationships. NIE

provides a major theoretical underpinning for this dissertation and is covered in the next

section.

9 Ronald Coase, Douglas North, Oliver Williamson, and Elinor Ostrom have all received the Nobel prize in economics over the last 20 years for their work in NIE.

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The second section covers the theories of privatization such as property rights

theory, agency theory, public choice theory, contract theory, and the corporate

governance literature. Theories of privatization have arguably been the most influential of

economic theories since the Second World War. Under the influence of these theories,

governments have increasingly relied on the private sector, either partially or fully, to

carry out functions that have been traditionally carried out by the public sector.

Economists such as Milton Friedman and Friedrich A. Hayek were early flag bearers of

this movement (Savas, 2000). The movement was also adopted by the Bretton Woods

Institutions, the World Bank and International Monetary Fund, and spread around the

world as conditionality attached to loans. These ideas crept into the electricity sector in

the late 1970’s and were influential in shaping the reform model in the sector.

As we will see in this dissertation, many concepts from the NIE and privatization

literature are useful in understanding the issues connected to electricity market reforms in

developing countries. Hence it is important to review some of the important concepts

from them before going in depth into an analysis of electricity market reforms in South

Asia.

Section 1: New Institutional Economics

In neo-classical economics, institutions are treated as given and assumed to not

matter for economic performance (Mâenard & Shirley, 2005). In particular, neo-classical

economics is limited by its inability to model the influence of informal norms, habits,

customs, culture, and incentives on institutional outcomes (North, 1994). NIE departs

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30

from neo-classical economics in considering that institutions matter for economic

performance.

Ronald Coase was the first major economist to point out that using markets entails

costs and this is the reason why many firms often give preference to hierarchical

mechanisms over markets. According to Coase, it made “little sense for economists to

discuss the process of exchange without specifying the institutional setting within which

the trading takes place, since this affects the incentives to produce and the costs of

transacting.” (Mâenard & Shirley, 2005) Coase’s “fundamental insight” has since been

taken further by other theorists in NIE.

NIE adapts neo-classical theory to make it more amenable to understanding the

development of institutions and their influence on economic outcomes. This is achieved

by dropping the complete rationality assumption of neo-classical theory and replacing it

with the more limited “bounded rationality” assumption. NIE assumes that institutions,

both formal (constitutions, laws, contracts and regulations) and informal (norms of

conduct, beliefs and habits of thought and behavior), are created to reduce risks and

transaction costs. NIE offers four main sets of insights on institutional and regulatory

reforms in the electricity sector.

Section 1a: Nature and Role of Institutions

The first insight is derived from the particular understanding of the nature and

role of institutions in NIE. In NIE, it is not just formal rules, laws and organizations that

form institutions but also informal codes of conduct, norms, habits, customs and beliefs.

In the words of Douglas North: “Institutions are the rules of the game—both formal rules,

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31

informal norms and their enforcement characteristics. Together they define the way the

game is played. Organizations are the players. They are made up of groups of individuals

held together by some common objectives” (Mâenard, Claude 2005).

To North, “institutions form the incentive structure of the society” (North, 1994).

North states that the interaction of institutions and organizations shape the institutional

evolution of an economy and changes occur through a learning process. According to

North, informal habits, customs, culture, and incentives have a significant influence on

the way people react to formal rules, laws and regulations and on whether the desired

changes are achieved or not. Likewise, North argues that a unifying belief structure is

passed down inter-generationally and gets transformed into societal and economic

structures by institutions and that institutions as they evolve may not necessarily assume

forms supportive to economic growth.

Williamson sketches four levels of institutions (Figure 4). The first consists of

informal institutions, customs, traditions, norms and religion which are embedded in the

society and only change over the period of several decades. The second consists of the

formal rules of the game such as the constitution of a country, its administrative set up,

and other high laws, which can change over the period of years. The third comprises

governance structures for transactions such as the choice between vertically integrated

structures and markets (i.e. the “plays of the game”). The fourth level relates to the

domain of neo-classical economics or to resource allocation, prices, quantities and

incentive alignment (i.e. “rewards of the game”) (Williamson, 1998).

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Figure 2.1 - Williamson's Four Level of Institutions

Level Frequency of change

Source: Adapted from O. Williamson (2000)

Greif departs from the “institutions as rules” framework in favor of an

endogenous “institutions as equilibria” approach. Greif sees institutions as a system of

rules, beliefs, norms, and organizations that together generate regularity of behavior.

According to Grief, these “manmade non-physical factors” are exogenous to each

individual whose behavior it influences, and individuals do not normally have the power

to change institutions on their own. Individuals are motivated to follow different

Level 1: Embeddedness

(Informal institutions, customs)

traditions, norms, religion

Level 2: Institutional Environment

(Formal rules of the game such as

constitutions, laws, property

rights, political institutions)

Level 3: Institutional

Arrangement (governance

structures, contracts, transaction

costs)

Level 4: Resource Allocation and

Employment

(prices and quantities, incentive

100 to 1000 years

10 to 100 years

1 to 10 years

Continuous

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33

institutional elements because of either internalized beliefs regarding the implied

relationship between actions and outcomes or behavioral beliefs regarding what everyone

else will do. Since people are guided by what others are doing, social rules and norms and

not just rationality provide the cognitive models to individuals for their understanding of

the relationship between actions and outcomes. It is by learning other people’s responses

that people converge to an equilibrium regularity of behavior (Greif, 2006). Table 2-1

provides an illustration of how beliefs and internalized norms interact with formal

institutions to generate regulatory of behavior.

Table 2-1 - Regularity of Behavior in the Electricity Sector

Rules Organizations Beliefs And

internalized norms

Implied Regularity of

Behavior

Scenario 1:Rules on

electricity theft

Utility, Police, Courts Utility officials, police,

court officials all believe

it is acceptable to take

bribes; belief that paying

a bribe is least costly

way of advancing ones

interest

Widespread electricity

theft and corruption

Scenario 2:Rules on

electricity theft

Utility, Police, Courts Belief that law

enforcement agencies all

behave according to the

law and trying to pay

bribes is likely to results

in legal action

Little or no electricity

theft

In NIE, a combination of elements, including formal and informal institutions,

and beliefs about actions and outcomes are responsible for creating institutional

equilibrium. Institutional change occurs very slowly and infrequently and requires the

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34

existing institutional equilibrium to be undermined by exogenous or endogenous factors.

But even when institutional change does happen, beliefs norms and organizations

inherited from the past continue to influence subsequent institutions by constituting the

default in new situations (Greif, 2006).

Reviewing electricity market reforms in South Asia from this perspective

suggests that mere changes to formal laws, rules and regulations in the electricity sector

is unlikely to bring desired changes in performance in the sector. Reforms that are similar

at a formal level may result in different outcomes depending on their interaction with

informal beliefs, customs, codes of conducts and traditions in the countries.

Reform efforts that are built on careful consideration of the existing institutional

equilibrium in the country and have assessed how the reforms would interact with them

in the short run and the long run are likely to have a greater probability of success than

reform efforts that simply transpose practices from more advanced countries. Reform

efforts are also likely to have better chance of success if they proactively identify and

implement steps to facilitate the transition to a new institutional equilibrium, including

(1) either compensating those who would lose from the change or overcoming their

resistance in the existing political process; (2) changing information and aligning

incentives; and (3) creating common knowledge of actions to sustain the new

equilibrium. All these steps present difficulties; therefore the process of institutional

reform is often slow, and old institutions may persist as a lock-in phenomenon (A. Dixit,

2009).

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Section 1b: Transaction Costs

The second insight from NIE for electricity market reforms is from Williamson’s

work on transaction costs. Williamson identifies the critical dimensions for characterizing

transactions, describes the main governance structures of transactions, and indicates how

and why transactions can be matched with institutions using the “discriminating

alignment hypothesis”. Building on Coase’s insight that there are different ways of

organizing transactions and that these different forms of organizations have costs,

Williamson elaborates the sources of these costs. First, transaction costs arise from the

propensity of agents to behave opportunistically, which generates contractual hazards and

the need for costly safeguards. Second, costs arise because transactions develop in

environments plagued with uncertainties.

Williamson’s proposition is that complexity of transactions and hence the

transaction cost is determined by (i) uncertainty (U), (ii) frequency with which

transactions recur (F) and (iii) degree to which durable transaction-specific investments

are incurred (AS) (Williamson, 1979). The relation between transaction cost and these

three attributes of transactions is given by the following equation:

TC = f (AS (+), F (-), U (+))

All transactions are differentiated by the level of representation of these three

attributes, which makes them complex and contracts usually incomplete.

Williamson then outlines the attributes of the three different modes of governance

– markets, hybrids, and hierarchy – based on their: (1) incentive intensity, (2)

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administrative controls, and (3) contract law regime. Markets are characterized by high-

powered incentives, hands-off control mechanism and decentralization, and legal and

court ordering. By contrast hierarchies are characterized by low-powered incentives,

hands on administrative involvement, and internal procedures. Hybrid forms of

organization lie somewhere in between these two extremes (Table 2.2).

Table 2-2 - Attributes of Leading Generic Modes of Governance

Williamson’s “discrete alignment principle” matches transactions with the

different modes of organizations; it holds that in competitive environment the

organizational form that best fits the transaction will be adopted. In particular,

transactions that are non-specific in nature with limited scope for ex-post contractual

opportunism will be undertaken on the spot market through market governance. But as

the asset specificity and the contractual hazards associated with transaction increases,

more complex governance forms with added security features, greater contractual

safeguards reduced incentive intensity, and added bureaucratic costs will be needed. If

transactions are exceedingly complex and costly, they will be removed from the market

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and placed under unified ownership to effect coordination and decide disputes by fiat

(Williamson, 1991).

Williamson’s work suggests that electricity markets may not be suitable for

improving sector performance in all countries and circumstances. Countries that consider

the transaction costs of different governance mechanisms, including contract

implementation hazards are likely to fare better with electricity sector reforms than

countries that base their decisions solely on the expected efficiency gains of using

markets10. The introduction of markets is particularly likely to be challenging in cases

with significant investments in specific assets and subject to considerable market and

technological uncertainty. The state of California, for instance, rushed into electricity

deregulation in 1996 without proper consideration of potential investment and contractual

hazards and ended up facing an electricity sector crisis in the early 2000’s characterized

by electricity shortages and escalating electricity prices. Joskow, thus, notes: “Many

policy makers and fellow travelers have been surprised by how difficult it has been to

create wholesale electricity markets. ... Had policy makers viewed the restructuring

challenge using a Transaction Cost Economics framework, these potential problems are

more likely to have been identified and mechanisms adopted ex ante to fix them” (P.

Joskow & Kahn, 2001)

10Consideration of transaction costs in the design of electricity markets is particularly important because electricity is difficult to store in an economically feasible manner. The special characteristics of electricity mean that electricity supply and demand have to matched instantaneously and shortages in electricity generation or peaks in electricity demand results in unparalleled jumps, spikes and volatility in spot electricity prices.

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Section 1c: Alternative Modes of Governance

The third insight from NIE for electricity market reforms is on the role of private

and informal governance arrangements in protecting property rights, enforcing contracts,

and taking collective action in developing countries.

In NIE, the issue of economic cooperation between two or many parties in a

society is often modeled as a prisoner’s dilemma game. It is recognized that if the

prisoner’s dilemma is to be resolved and market economies are to succeed, they need

strong and robust institutions of economic governance. In developed countries, such

governance is usually provided by government institutions and the legislative machinery

at relatively low cost and driven mainly by concern for social welfare. This includes

criminal law which serves to deter theft and economic fraud. However, in most

developing countries, particularly least developed countries, government institutions and

machinery are very costly, slow, and often corrupt.

NIE holds that in the absence of strong formal mechanisms of governance in

developing countries, developing countries can have alternative institutions to provide the

necessary economic governance and to achieve mutually beneficial outcomes. These

include relation based social norms and punishment for contract enforcement, self-

protection or hired professional protection for property rights, and networks of

information dissemination (A. Dixit, 2009). In fact, even businesses in developed

countries end up relying on such alternate modes of governance since resolution of

disputes using the formal state institutions can be more costly and can yield inferior

outcomes.

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One of the most common forms of alternative governance seen in developing

countries is that of relation based self-enforcing governance through repeated interaction.

Such arrangements rely on multilateral group governance and are characterized by stable

community with many ongoing interactions, and good information flows about members’

behavior and credible threats about collective punishment (Greif, 2006). Relation based

arrangements are less costly for developing countries than formal rule based

arrangements 11(Shuhe Li 2003; Dixit 2004, chap. 3). The literature finds that efforts to

replace relation based arrangements with formal arrangements in developing countries

may at first lead to a worsening of outcomes.

Another alternative governance option is to obtain services from a private party.

This can include specialized arrangements such as credit rating agencies and arbitration.

Credit rating agencies are able to support economic governance by collecting and

disseminating the history of a person’s actions for a fee. Arbitration forums can specialize

and acquire expertise in very narrow areas of focus and customized procedures and rules

of evidence that suit their specific areas. In the absence of legal recognition, arbitration

can use repeated interactions in the group to ensure compliance with its verdicts;

arbitrators can disseminate information about a violator to other participants and count on

them to punish the violator (A. K. Dixit, 2007Ch. 2).

11The NIE literature holds that as countries develop, successful governance eventually requires a shift toward more formal methods of governance. A rule-based formal legal system requires substantial fixed costs to pass the laws and to establish the courts to adjudicate disputes, and a police force to enforce the court’s verdicts. But once the system is in place, people can deal with strangers in relative confidence, so the marginal costs of expansion are low. A relation based system has little or no fixed costs; one starts by dealing with close friends and neighbors. But as business expands, one must deal with strangers and must first establish relationships with them; therefore the marginal costs of expansion are high and rising. The low fixed cost, rising marginal cost system will have lower overall costs for small-scale transactions, and the high fixed cost, low marginal cost system will be better for larger scales.

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Finally, economic governance can be provided by organized crime for a profit. A

self-enforcing equilibrium relationship can be achieved based on the fact that even

though participants may not interact with each other repeatedly, they have interactions

with the organized criminal entity who provides the governance. The organized crime

entity can provide both information and enforcement services. However, such governance

can trap participants into an undesirable equilibrium. The organized crime entity may

also engage in activities that create the threat with the intention of creating demand for its

protection services (A. K. Dixit, 2007, ch. 1).

Transposed to the electricity sector, this literature implies that developing

countries with relation based arrangements will often struggle to provide sufficient

confidence to international investors that they will be treated fairly in developing

countries. Investors will look to alternative governance arrangements such as

international tribunals or enter into arrangements with local partners before they operate

in the country. Domestic private players that have well established patronage and relation

based arrangements will benefit most from the economic opportunities offered by

electricity market reforms in developing countries.

Firms that come from economies with well-functioning formal governance are

likely to find it hard to negotiate the institutions and norms in many less-developed

countries and transition economies and are likely to make mistakes. One option for firms

from developed countries looking to invest in the electricity sector in developing

countries is to use local partners with established relation based networks in the country.

To make the arrangement work, the firm would need to build a relationship with a

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partner, and then share the surplus from the transaction with the partner appropriately to

maintain an honest equilibrium. But this cost would still likely to be less costly than the

risk of losing the investment because the property right or the contract cannot be enforced

in the formal system (A. K. Dixit, 2007, p.20)

International firms also risk getting into situations where the either the domestic

private partner or the government, refuses to live up to pre-agreed contract conditions;

sometimes governments can even threaten a takeover of the assets. To prevent unfair

treatment of international private sector parties and to build trust, another option is to set

up international arbitration arrangements. While courts are required to act on information

that is both observable and verifiable, external arbitration through specialized

international private groups can be based on just observable information and also have

greater expertise than courts on the matter concerned (A. K. Dixit, 2007). They are also

less likely to be biased or come under undue political influence of the government. The

effectiveness of international arbitrations arrangements can be increased through the

backing of an international treaty or convention that would give it more credibility and

legitimacy.

Private investors in the electricity sector can also benefit from the establishment

of a “one stop” licensing agency that is empowered to issue all the licenses the

entrepreneur requires. While there are can be many benefits of this arrangement, one of

the main ones, according to Dixit, is that it can help reduce the uncertainty associated

corruption. Drawing on the works of others such as Andrei Shleifer and Robert Vishny,

Dixit argues that when there are many agencies involved in handing out licenses, each

agency demands bribes that are excessive from the point of view of their collective

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revenues. It would be better for the government to have one agency, which would lower

the number of bribes and increase both the total bribe intake and the volume of the

private investments and therefore be better for general economic efficiency (A. Dixit,

2009). However, there is risk with this sort of arrangements that the weakness that

characterizes that formal institutional environment in developing countries would also

undermine this arrangement.

Section 1d: Regulation

The final insight from NIE for electricity market reforms relates to regulation.

Regulation generally includes regulatory governance (who does what under which laws,

rules, and procedures) and regulatory incentives (rules governing utility pricing,

subsidies, entry, inter-connections, etc.). Regulatory incentives perform well when

regulatory governance is successfully in place12. NIE is concerned mainly with regulatory

governance and the institutional determinants of regulatory governance.

Regulation is required in the electricity sector because of the features that

characterize electricity utilities: (i) large specific, sunk, investments; (ii) economies of

scale and scope; and (iii) widespread and massive consumption. This makes electricity

pricing political and motivates opportunistic behavior from governments to garner

political support. For instance, once the investments have been undertaken, the

government may not approve regular tariff increases or may make other operational

12 Regulatory governance corresponds to Level 3 of Williamson’s (2000) characterization of institutions while regulatory incentive corresponds to Level 4.

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impositions. All these are attempts to expropriate the company’s sunk costs by

administrative measures.

NIE holds that the most compelling imperative for regulation, both public and

private, is to limit government opportunism of this kind. It holds that an institutional

environment that is capable of limiting government opportunism is crucial for successful

sector performance. Unless there are credible safeguards against such expropriation by

government the sector performance is likely to suffer and inefficiencies are likely to

emerge on multiple fronts including (i) underinvestment in areas where market returns

are low and payback periods are long; (ii) negligence of maintenance at the cost of

quality; (iii) investments in technologies that have lower degree of specificity even if this

compromises quality; and (iv) upfront high prices to quickly recuperate investment,

which may be politically unsustainable (Mâenard & Shirley, 2005, ch. 20)

Levy and Spiller emphasize that there are multiple regulatory regimes that are

capable of providing such safeguards but that these regimes have to be all “stable,

coherent, consistent across areas, and predictable.” They argue that regulatory credibility

can be developed in unpropitious environments and that without such commitment long

term investment will not take place. Furthermore, achieving such commitment may

require inflexible regulatory regimes and that in some cases public ownership of utilities

is the default mode of organization (Levy & Spiller, 1994).

According to Rodríguez and Jiménez (2005), the main governance elements of

regulation consist of clear roles and objectives, regulatory independence and

accountability, stakeholder participation, and transparency and predictability. These

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enhance the legitimacy of the regulatory process, and strengthen the credibility and

reputation of the regulatory institution. A well-designed regulatory system ensures that

decisions on licenses and tariff are based on technical factors rather than political

interference and helps lower the cost of private capital.

In the electricity sector, establishment of an independent regulatory mechanism

has been one of the key elements of reform. Regulation by contract where regulatory

rules and procedures are incorporated into concession agreements has also been used as a

transition arrangement in developing countries (Bakovic, Tenenbaum, & Woolf, 2003).

Regulation has been deployed to provide private investors protection from expropriation,

control market power, facilitate competition, determine fair tariffs, ensure enforcement of

service standards, ensure efficient provision of services, and ensure free and fair access to

the transmission system.

The NIE literature suggests that regulatory regimes that are able to provide the

most confidence to private investors and that base decisions on technical factors rather

than political interference will have the greatest probability of success. However, as

discussed earlier, this is unlikely to just be a function of the formal arrangements that

have been put in place to regulate the sector and informal customs, habits and beliefs of

the main actors in the country is also likely to play an important role. It is probably for

this reason that regulatory agencies in many developing countries have found it difficult

to discharge their functions properly. Even in countries where legislation explicitly

provides the appropriate framework, government ministries and their power utilities

exercise undue control over regulatory agencies (J. Besant-Jones & Vagliasindi, 2012).

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Section 2: Privatization

Since one the main objectives of electricity market reforms is to increase private

sector participation in the electricity sector, it is also instructive to review these reforms

in light of the theoretical arguments for privatization.

Theoretical arguments on privatization have not so far determined the superiority

of private ownership. The most compelling arguments for privatization are from property

rights theory, agency theory, public choice theory, contract theory, and the corporate

governance literature. On the opposing side are arguments that hold that the incentive

effects of private property rights depend on many institutional constraints that are

extremely weak in developing countries and that in fact competition is more important

than ownership in promoting efficiency (Z. Zhang, 2003). Overall, there are three main

sets of insights on electricity markets reforms from these theories.

Section 2a: Addressing Bureaucratic Inefficiencies

The first set of insights on electricity market reforms is derived from public

choice theory. Unlike traditional political science, public choice is a positive political

theory and is concerned with the actual behaviors of government officials. It sees

politicians and bureaucrats as rationally pursuing self-interest rather than the public good.

Wright defines it as a “theory which posits that people are egoistic, rational, utility

maximizers, a characterization which affects the state in that this behavior is exhibited

not only by voters, who seek to maximize their individual utility, but also by legislators

and bureaucrats, who seek the same end (1993)”. Public choice theory claims that it is not

possible to develop a social consensus from individual preferences. It thus holds that

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public ownership cannot be justified on the grounds that it has been agreed by a society

and that the case privatization remains quite valid.

Niskanen sees bureaucrats as pursuing ever expanding budgets to get more power,

more opportunities for promotion, and higher prestige. All things that enter the

bureaucrats utility functions, “salary, perquisites of the office, public reputation, power,

patronage, output of the bureau, ease of making changes and ease of managing the

bureau…are positive monotonic function of the total budget of the Bureau during the

bureaucrat’s tenure in office” (Niskanen, 1971).

Downs also follows the model of bureaucrats as self-interested utility maximizers

but allows for a greater mix of motives including “power, income, prestige, security,

convenience, loyalty, pride in excellent work and desire to serve the public interest” and

classifies bureaucrats into (i)“climbers” who seek to maximize their power, income and

prestige; (ii) “conservers” who seek to maximize their own security and convenience; (iii)

“zealots” who are loyal to a relatively narrow policies; (iv) “advocates” that are loyal to a

broader set of policies or to a broader organization; and (v) “statesmen” that are loyal to

the nation or society as a whole (Downs & Rand Corporation, 1967).

The efforts of the public to hold bureaucrats accountable are compromised by

limited information and high costs monitoring their actions relative to personal benefit.

At the same time, politicians are more interested in getting bureaucrats to pursue socially

sub-optimal policies such as excessive employment than pursuing efficiency. This is

because “they care about votes of the people whose jobs are in danger” (Boycko,

Shleifer, & Vishny, 1996).

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These factors make the public sector a fertile ground for rent seeking and often

corruption. Individuals and groups pursue efforts to further their own interests at the cost

of the public good while legislators attempt to get reelected through inefficient

distribution of goods and incomes and by distributing special favors to special interests to

get their financial backing in elections.

Public choice theory holds that privatization works because it limits this kind of

behavior by making self-serving behavior of politicians and bureaucrats more difficult or

costly. Public choice theory has been the most widely used rationale for privatization

attempts and has gained the greatest acceptance at the highest levels of policy

development.

Public choice theory provides a useful framework for viewing the performance of

vertically integrated public utilities in developing countries in their pre-reform stage.

Before reforms were initiated the 1990’s, the electricity sectors in most developing

countries had been under a lengthy period of state ownership and were plagued by

endemic corruption, rampant theft of power, below cost electricity tariffs, political

interference, and an inability by stakeholders to work towards long term solutions.

Governments sought to win political support by providing cheap electricity to consumers,

especially politically powerful groups such as large farmers. At the same time, many

utility employees were hand in glove with large industrial consumers and would under

bill them for electricity consumption in return for bribes. For instance, technical losses,

nonpayment of bills, and electricity tariff subsidies imposed a fiscal cost that averaged

7.5 percent of GDP to European and Central Asian countries in 1990’s (Estache &

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Gassner, 2004). In this context, electricity market reform advocates used public choice

theory to make the case for greater private sector participation in the electricity sector.

Section 2b: Incentivizing Efficiency

Another set of insights on electricity market reforms is offered by property rights

theory, agency theory, and corporate governance literature, which argue that the profit

motive gives a stronger incentive for efficient use of inputs required to produce a given

output, than any incentives offered by an enterprise controlled and managed by a

bureaucracy.

Property rights theory focuses on the impact of ownership structures in a society

on incentives and economic behaviors. Traditional economics has historically ignored

property rights or taken it for granted. It was Coase who first pointed out that the

importance of property rights in determining economic outcomes in his seminal 1960

paper, “The Problem of Social Cost.” According to the Coase (1960) theorem, the initial

division of property rights does not matter for the allocation of resources when all rights

are freely transferable and the costs of transacting are zero. But in a world of positive

transaction costs, allocation of property rights has important consequences for economic

outcomes (Coase, 1960).

According to Libecap (Libecap, 1986), property rights exist as a continuum,

ranging “from open access conditions under public ownership at one extreme to specific,

exclusive property rights at the other extreme under private ownership”. The

transferability of property rights in private ownership brings about “(i) concentration of

rewards and costs more directly on each person responsible for them and (ii) comparative

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advantage effects of specialized application of knowledge and risk bearing…..people will

concentrate their ownership in those areas in which they believe they have a comparative

advantage, if they want to increase their wealth” (Alchian, 1965). In this sense, the

competitor is the best supervisor of the use of resources a society can find. Hence private

property rights and competition promote allocative efficiency (Z. Zhang, 2003).

The diffuse ownership structure under public ownership by contrast leads to

inefficient economic outcomes since “individuals under open access conditions exploit

the resource too rapidly relative to interest rate and price projections. User costs are

ignored; short time horizons dominate, and long term investment is neglected…without

exclusive rights, exchange and reallocation of resources to higher-valued uses are

extremely difficult. Indeed, with the uncertain control associated with open access,

productive labor and capital resources must be diverted to predatory or defensive

activities and output falls” (Libecap, 1986).

Agency theory is concerned with agency problems between principals and agents

in both public and private organizations. Due to divergent interests and information

asymmetry between principals and agents, two agency problems arise: (i) adverse

selection and (ii) moral hazard. The former refers to inability of the principal to observe

the characteristics of its agents, and the latter refers to the inability to observe the actions

or the effort levels. An agent is supposed to take decisions on behalf of a principal but has

his own objectives which may lead him to act in his own as opposed to the principal’s

interests (Rees, 1988).

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To solve the agency problem, the principal must design mechanisms to get the

agent to reveal his true characteristics and make an effort to work towards the achieving

the principal’s interests (Grossman & Hart, 1983). Agency theory suggests that under

private ownership, agency problems can be more effectively alleviated through its more

efficient information and incentive structure. This suggestion, however, deemed to be

true only in very restrictive conditions13 (Z. Zhang, 2003).

Corporate governance is concerned with regulating discretionary behavior of

managers – so that they do not negatively impact the performance of the organization.

Corporate governance literature suggests that while there are multiple mechanisms –

capital markets, threat of take over, and bankruptcy – that can help restrain managerial

behavior in public joint-stock companies, the mechanism to control managerial behavior

in state owned enterprises – political control – is severely limited (Fama & Jensen, 1983;

Laffont and Tirole 1991; Shirley and Walsh 2000). The collective action problem in public

ownership produces sub-optimal level of monitoring of managers. Thus, “in the presence

of political interference and poor governance in the public sector, it is probable that SOEs

will perform poorly even in highly competitive markets - or worse, that they will seek to

cripple those markets” (Shirley & Walsh, 2001).

13 Sappington and Stiglitz’s article (1987) describes the ideal setting under which all of public provision can be conducted privately and efficiently – privatization is optimal. The ideal setting is as follows: the government auctions off the right to produce to private sector. Two or more risk-neutral private firms bid for the right and receive compensation from government for his output. The compensation is made exactly equal to the value of the output to the government. Through this ideal procedure, the government’s three objectives: efficiency, equity, and rents can always be met.

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In the electricity sector, developing countries have used the full range of public

private partnerships arrangements such as management contracts where virtually no

investment risk is borne by the private sector through some investment risk under long

term concessions to accepting all investment risks under transfer of ownership to the

private sector. Complete transfer of ownership to the private sector remains relatively

rare in developing countries due to concerns that private sector would not produce

socially desirable levels of services. The evidence on the effectiveness of private sector

participation in the electricity sector so far has been mixed. Benefits that are attributed to

private sector participation by property rights theory, agency theory, and corporate

governance literature have only been seen when a wider set of reforms regulatory and

institutional reforms have been undertaken (Estache, Gomez-Lobo, & Leipziger, 2001).

Section 2c: Competition

The final insight for electricity market reforms concerns competition. In economic

theory, competition helps achieve both allocative and productive efficiency in the long

run. Competition forces prices to move towards marginal costs, thereby allocating

resources to their highest value. Meanwhile, competition also works as an incentive

system and discovery mechanism in a world of imperfect information by reducing

managerial slack and inefficiency. Hayek “considers competition systematically as a

procedure for discovering facts which, if the procedure did not exist, would remain

unknown or at least would not be used” (Snow, 2002).

It is widely argued that the benefits of privatization are most pronounced when

competition is strong. This is in contrast to public ownership, which may not improve

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efficiency even when it exists with competition. SOEs in most cases receive government

support. They have stronger incentives to undertake anticompetitive practices such as

setting prices below marginal costs and erecting entry barriers. Since they often exist for

political reasons, they do not face the same pressure to exit as other firms. Their presence

is likely to deter new entrants. Hence, “instead of a competitive market improving SOE

performance, SOE may in fact hamper market performance” (Shirley & Walsh, 2001).

Real competition is likely to be hard to achieve with SOEs. Overall, ownership

characteristics of public enterprises will generally dominate competition (Shleifer &

Vishny, 1994).

However, the benefits of privatization outside a competition environment, for

example, in the area of natural monopoly, are not well established. It is generally seen

that, with a natural monopoly, benefits are likely to ensue with privatization only if steps

are taken to introduce some kind of competition. There are two ways to introduce

competition where a natural monopoly exists (Shirley & Walsh, 2001).

The first is to create competition through bidding for the right to operate as a

monopoly, namely franchising monopoly rights. This solution has the attractive property

of combining the efficiency gains from a single producer with incentives to price and

produce at nearly competitive levels. However, there are risks that the bidding may not be

competitive, either because of collusion, asymmetric information, or incumbent

advantages. The second is to use regulatory mechanisms to promote competition among

regulated firms. Under this approach, “the regulated prices for one firm would depend on

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cost savings in other firms, thus producing a sort of ‘race to the top’ in terms of internal

efficiency” (Shirley & Walsh, 2001).

In the electricity sector, it is possible to develop competition more easily in the

generation and supply service segments than the network segments (transmission,

distribution, and system control) that are natural monopolies. The competition in the

generation and supply service segments is generally more in the form of a managed or

regulated competition than the ideal atomistic competition without regulation. In

developing countries pursuing electricity sector reforms, the contestable form of

competition is seldom sufficiently strong to force players to pass on their efficiency gains

by reducing their prices to consumers. Under weak competitive pressures, regulators are

responsible for pressuring suppliers to do so through “ incentive-based regulation that

allows investment to be adequately rewarded form unsubsidized revenues while

maintaining quality, and restructuring that permits effective competition for the network

services” (Newbery, 2003). There is hence a possibility that the social costs of private

ownership could exceed the benefits under weak competitive conditions. In the early

stages of reform, many developing countries have prioritized privatization over

competition since their main objective has been to attract private investment. They have

used a single buyer model with little or no restructuring to attract private investment into

power generation, since it removes most market risks for the investors. This suggests that

developing countries may make limited efficiency gains from private sector participation.

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Chapter 3 - Literature Review

Electricity is a critical development need. Yet many developing countries are not

able to provide even basic electricity access to all households, let alone the electricity

needed by industries for economic growth. In many countries, electricity supply is

unreliable and expensive. Since the early 1990’s, South Asian countries have joined a

large number of developed, transition and developing countries in pursuing electricity

market reforms with the intention of drawing more private investment and improving the

performance of the sector. This has resulted in “a broad paradigm shift from state

ownership and centralized organization…to private ownership, public regulation and

market-oriented structures” (Jamasb, 2005)

A stocktaking of the existing research and literature in this area is helpful in

identifying the gaps and setting the agenda for further research. This chapter is divided

into three main sections (i) econometric studies; (ii) case and qualitative studies; and (iii)

gaps in literature and the contributions made by this dissertation. The literature review

covers research on electricity market reforms with a particular focus on the countries

covered in this dissertation. Selectivity has been maintained by focusing on studies that

are based on data collection and a rigorous analytical framework. The first two sections

are further divided by major issues in electricity market reforms in developing countries.

Appendix A presents the summary of the results of the econometric literature covered in

this chapter.

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Section 1: Econometric Studies

Econometric studies on electricity market reforms are broadly of two types. The

first type of studies focus on the determinants of reform while the second type examines

the effects of reforms on performance indicators. In general, there is significantly more

agreement among the first group of studies than there is among the second group of

studies.

Section 1a: Determinants of Reform

Studies examining the determinants of electricity market reforms indicate that

there is a high degree of correlation between the policy and institutional quality of a

country and the adoption of electricity sector reforms.

Bacon and Besant-Jones (2001) use cross-section data of 115 developing

countries to review privatization and liberalization of the power sector in developing

countries. Their study covers forces driving this movement and steps necessary to

achieve success. They find that the risk indicator - a weighted average of nine indices, of

which political risk and economic performance each account for 25% of the weighting -

is significantly correlated with the level of reform. Countries with lower risk indicators

have higher reform scores and vice versa. Likewise, they find a positive relationship

between the policy and institutional score (measured through a 20 indicator index) and

level of reform. In addition, the paper finds that countries in Latin America and

Caribbean are likely to have more reforms for a given policy and institutional score than

countries in Africa and Middle East.

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Ruffin (2003) uses cross-section Ordinary Least Squares regression analysis to

examine the institutional determinants of electricity reforms in 75 developed and

developing countries in the 1990s.The institutional determinants used are measures of

judicial independence, distributional conflict, and economic ideology. The study finds

that the relationship between judicial independence on the one hand, and competition and

ownership on the other, is ambiguous. The results also suggest that greater distributional

conflict is significantly correlated with a higher degree of monopoly. Finally, the paper

finds that the relationship between economic ideology favoring competition and private

ownership is positive and statistically significant.

Section 1b: Reforms and Performance

Studies undertaken to examine the relationship between reforms and performance

show a wider variation in results. Using a panel dataset of Organization for Economic

Cooperation and Development countries for the period 1986-1997, Steiner (2001)

assesses the impact of regulatory environment, the degree of vertical integration and the

degree of private ownership on efficiency and price in the generation segment of the

electricity sector. The paper finds that unbundling of generation and transmission and

private ownership has positive impact on efficiency – improving both the utilization of

capacity in electricity generation and reserve margins. The unbundling of generation and

transmission and introduction of electricity markets are observed to reduce both industrial

end-user electricity prices and the ratio of industrial to residential prices. However, a high

degree of private ownership is seen to increase industrial end-user prices, suggesting that

private ownership is not necessarily correlated with increased competition.

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Hattori and Tsutsui (2004) reexamine the impact of the regulatory reforms on

price in the electricity sector, using the same model as Steiner but changing slightly the

definitions of regulatory reform indicators. They find that expanded retail access is likely

to lower the industrial price and increase the price differential between industrial

customers and household customers, as expected. They also find however that the

unbundling of generation and the introduction of a wholesale spot market can result in a

higher price. This finding is not consistent with theoretical expectations and differs from

Steiner (2000) but is plausible in the light of recent experiences in many countries. Citing

the difference in results with Steiner due to slight changes in definition of indicators, the

authors argue that the precise definition of the indicators is critical to this kind of empirical

work.

Zhang, Parker and Kirkpatrick (2005) study the effect of the sequencing of

privatization, competition and regulation reforms in electricity generation using data from

25 developing countries drawn from Latin America and the Caribbean, Africa and Asia

for the period 1985 to 2001. A fixed effects panel data model is used. The study finds that

establishing an independent regulatory authority and introducing competition before

privatization is correlated with higher electricity generation, higher generation capacity

and, in the case of the sequence of competition before privatization, improved capital

utilization. The results of Zhang, Parker and Kirkpatrick suggest that, if ownership

change is to significantly improve performance, privatization should be accompanied by

competition and independent regulation. The study rejects the hypothesis that

privatization per se leads to higher operating efficiency in terms of labor productivity.

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Nagayama (2010) analyses panel data from 86 countries between 1985 and 2006

to identify the effects of different policy measures on performance indicators (installed

capacity per capita, T&D loss). He finds that reform variables such as the entry of IPPs,

unbundling of generation and transmission, establishment of regulatory agencies, and the

introduction of a wholesale spot market are positively associated with increased

generation capacity, as well as reduced T&D loss. Nagayama also finds that different

electric market reform measures have different impacts on geographically and

economically diverse countries14 and, that coupled with independent regulatory agencies,

reform policy becomes more powerful in realizing sector performances.

Vagliasindindi (2013) uses panel data from 22 developing countries over

1989 – 2009 with fixed and random effect models to examine the effectiveness of

different market structures in improving sector performance. The paper finds that full

vertical unbundling, introduction of an independent regulator, and privatization are

positively associated with enhanced electricity access, higher operational efficiency and

lower tariffs in countries with large system size and high GDP per capita but negatively

associated with these performance indicators in countries with small system size and low

GDP per capita.

Vagliasindi, thus, concludes that unbundling deliver results only when it is used

as an entry point to implement broader reforms, particularly introducing a sound

14 For instance, establishment of regulatory agency is seen to significantly positively relate to generation

capacity per capita in developed countries but significantly negatively related in Asian developing

countries.

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regulatory framework, reducing the degree of concentration of the generation and

distribution segments of the market by attracting additional number of both public and

private players. She also suggests that there is a credible empirical basis for selecting a

threshold power system size and per capita income level below which unbundling of the

power supply chain is not expected to be worthwhile.

Cubbin and Stern (2006) assess whether a regulatory law and higher quality

regulatory governance are associated with superior outcomes in the electricity sector.

Their analysis using data for 28 developing economies from Latin America, Africa and

Asia over 1980–2001 uses fixed effect estimation methods. Regulatory governance is

measured using a four part index comprising of (i) whether the country has an electricity

or (energy) regulatory law; (ii) whether the country has an autonomous regulator; (iii)

whether the country’s electricity regulator is funded from license fees (or equivalent) or

out of the government budget; and (iv) whether the staff in the electricity regulator can be

paid as appropriate given skill needs and labor markets or whether staff have to be paid

on civil service pay scales.

Controlling for privatization and competition and allowing for country specific

fixed effects, both regulatory law and higher quality regulatory governance are found to

be positively and significantly associated with higher per capita generation capacity. This

positive impact increases for more than 10 years, as experience develops and regulatory

reputation grows. The results are robust to estimating alternative dynamic specifications

(including error correction models), to inclusion of economy governance political risk

indicators.

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Andres et al (2006) analyze the impact of privatization on the performance of 116

distribution electric utilities in 10 Latin American countries using a panel dataset. The

authors apply two different methodologies. The first methodology uses means and

medians from each period and tests the significance of the changes between periods. The

second methodology consists of an econometric model that captures firm fixed effects,

firm-specific time trends, and heteroscedasticity corrections. The results suggest that

changes in ownership generate significant improvements in labor productivity, efficiency,

and product and service quality, and that most of those changes occur in the transition

period. Improvements in the post transition period - beyond two years after the change in

ownership - are much more modest.

Erdogdu (2011) examines the impact of reforms such as introduction of private

sector participation, unbundling, independent regulation and wholesale electricity market

on residential and industrial electricity price-cost margins and their effect on cross

subsidy levels between consumer groups. The paper uses panel data for 63 developed and

developing countries covering the period 1982–2009 and fixed and random effect

models. The research findings suggest that there is no uniform pattern for the impact of

reform process as a whole on price-cost margins and cross subsidy levels. Each

individual reform step has a differential impact on price-cost margins and cross subsidy

levels for each consumer and country group.

Erdogdu thus concludes that transferring the formal and economic structure of a

successful electricity market in a developed country to developing countries is not a

sufficient condition for good economic performance of the electricity sector in

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developing countries. Furthermore, the study suggests that electricity consumption,

income level and country specific features constitute other important determinants of

electricity price-cost margins and cross subsidy levels.

Gao (2011) studies whether the 2002 deregulation and vertical unbundling of the

Chinese electricity sector has boosted productivity in the generation segment of the

sector. Controlling explicitly for sources of price-heterogeneity across firms and for firm

fixed effects, the paper finds deregulation to be associated with a reduction in labor input

and material use of 6 and 4 percent, respectively. This effect only appears two years after

the reforms, is robust to alternative ways of identifying restructured firms, and to the

nonrandom selection of restructured firms using a matching estimator. Input use of new

state owned firms that start operations two years into the reform period does not differ

significantly from input use of private sector entrants.

Du et al. (2009) also estimate the impact of regulatory reforms in the electricity

sector in China, including unbundling, on production efficiency of fossil-fired generation

plants using the plant-level national survey data collected in 1995 and 2004. Applying the

difference-in-differences method, the authors estimate the effects of these reforms on the

demand for inputs of employees, fuel and nonfuel materials. The results show that the net

efficiency improvement in labor input associated with the regulatory reforms is roughly

29% and the gains in nonfuel materials are about 35%, while there is no evidence of

efficiency gains in fuel input associated with the electricity reforms.

Gassner et al. (2007) analyze a panel of 302 utilities with private sector

participation and 928 utilities without private sector participation in 71 developing and

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transition countries in order to evaluate the impact of private sector participation on firm

performance in electricity distribution and water and sanitation services. The paper

compares the change over time in a number of output variables for both groups of utilities

and isolates the effect of private sector participation from time trends and firm-specific

characteristics by using a series of econometric tools.

The paper finds robust evidence in the global sample that private sector

participation has a strong impact on the efficiency of utility operations; at the same time,

the evidence suggests a decrease in employment due to private sector participation.

Private sector participation is associated with output increases, an improvement in bill

collection ratios and improvements in the quality of service in the electricity sector, the

latter expressed as a reduction in distributional losses. The performance improvements

are most evident when assets were divested to the private party. However, there is no

conclusive evidence for a change in prices as a result of private sector participation.

There is also no evidence for an increase in investment following private sector

participation for any contract type except divestures in electricity, suggesting that

infrastructure maintenance and development may suffer as result of private sector

participation.

Kundu et al.(2011) use survey data and a linear regression model to examine the

impact of privatization of distribution utilities in Orissa, which was the first Indian state

to privatize a distribution utility. Based on the analysis of the data of the four distribution

companies in Orissa, the paper finds that the quality and reliability (Kundu & Mishra,

2011) of power has improved since the reforms, and generally, domestic consumers from

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all sectors have benefited. However, agricultural customers have been adversely affected

by higher prices and availability due to the reduction in cross-subsidies by the

government and reluctance of private distribution companies to sell to agricultural

customers.

Chattopadhyay (2004) examines the usefulness of cross-subsidies between

industrial and residential tariffs in the Indian state of Uttar Pradesh over 1997-2000. This

paper uses electricity demand data from a small distribution utility, Noida Power

Company Limited in the Indian state of Uttar Pradesh, to estimate the price elasticity of

demand for several high-voltage large industrial customers over 1997–2003 using linear

Ordinary Least Squares estimations. For a given price/cost ratio, the paper shows that if

the cross-subsidizing class’ electricity demand is sufficiently elastic, increasing the class’

rates fails to recover incremental cross subsidy necessary to support additional revenues

for subsidized classes. Based on the evidence from Noida Power Company Limited, the

paper argues that high cross subsidy charge on industrial tariff is inefficient and needs to

be reduced. The paper argues that it is imperative that electricity prices be reduced in the

industrial sector as soon as possible to allow for a more prudent policy on cross-

subsidizing agricultural and domestic consumers.

Chattopadhyay (2007) carries out follow up analysis on this topic by looking at

longer time frame (1997-2003) and reviewing the impact of reforms to reduce cross-

subsidies between industrial and residential tariffs. The paper also makes use of Box-Cox

estimations in addition to linear Ordinary Least Squares estimations. Using results from

both the methods, the paper finds evidence that the cross subsidy regime was sub-optimal

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prior to October 2001 but finds that tariff reforms implemented by Uttar Pradesh

Electricity Regulatory Commission in 2007 have helped reduce sub-optimal cross-

subsidies.

Jamir (2013) uses data from 1985-2010 to examine the relationship between

electricity shortfalls, tariff rate and electricity theft in the context of the ongoing power

crisis in Pakistan. This study employs the Granger causality test through error correction

model and out-of-sample causality through variance decomposition method to show that

electricity theft greatly influences electricity shortfalls through lower investment and

inefficient use of electricity. The study concludes that electricity crisis in Pakistan cannot

be handled without combating rampant electricity theft in the distribution of electricity.

Thakur et al. (2009) compare the efficiencies of generation, distribution and

transmission utilities in India using Data Envelopment Analysis. This includes utilities

that have been unbundled and restructured as well as utilities that are still vertically

integrated. The results indicate that the performance of state owned utilities is sub-

optimal, with potential for significant cost reductions. The authors derive separate

benchmarks for possible reductions in employees’ number, and the results indicate that

several vertically integrated utilities deploy a much larger number of employees than

required by a best practice utility, and significant savings are possible on this account.

The paper also finds that the bigger utilities display greater inefficiencies and have

distinct scale inefficiencies. The paper argues that restructuring and unbundling of

utilities may help improve efficiency.

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Section 2: Case Studies

Case studies on electricity market reforms help improve understanding of the

complex, multidimensional and often country specific implementation issues that impact

the performance of electricity market reforms in developing countries. The vast majority

of single or multi-country case studies on electricity market reforms assess the reform

steps and processes in individual countries and attempt to link them to the subsequent

performance of the sector.

The key messages emerging from case studies on electricity market reforms

include (i) the outcomes of electricity market reforms are often but not always positive;

(ii) institutional preconditions need to be met for reforms to be successful; (ii) contracts

with the private sector must be structured carefully for reforms to be successful (iii)

reforms have to be adapted to the local context to be successful; (iv) the quality of

implementation is very important; (v) the political economy of electricity market reforms

is very challenging; (vi) the next phase of electricity market reforms must focus on

improvements in distribution; and (vii) country specific bottlenecks need to be addressed.

Section 2a: Performance of Reforms

In general, case studies find that electricity market reforms are contributing to

improvements in performance. Reform experiences vary by country and area of reform.

Some case studies find that the outcomes of reforms have fallen short relative to

expectations and potential.

Newbery and Pollitt (1997) estimate the costs and benefits of restructuring the

state owned Central Electricity Generation Board, the enterprise in charge of electricity

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transmission and generation in England and Wales that was privatized in 1990. The study

uses data for 1990-1996 and compares the post privatization performance of the Central

Electricity Generation Board relative to a counterfactual scenario without restructuring. It

finds that there has been considerable improvement in labor productivity in the post-

restructuring period and that most of the efficiency gains came from nonfuel costs.

Pandey et al. (2009) review various phases of electricity sector reforms in India,

including roles of government authorities in reform, constraints to reform and the role of

regulators. They find that reforms have so far yielded mixed results. On the positive side

(i) technical and operational performance of the sector has improved; (ii) several states

have been able to reduce distribution losses and improve collection efficiency; and (iii)

private sector investments in distribution have been successfully introduced in states such

Delhi. On the negative side, (i) capacity additions in the sector have been inadequate; (ii)

energy shortages including peak level shortages continue; (iii) distribution losses remain

very high; (iv) financial performance of distribution entities remains weak; and (v)

regulators do not have adequate financial and human resources to perform their roles

effectively.

Power Finance Corporation (Power Finance Corporation, 2007) reviews the

financial performance of 90 utilities in India. The report indicates high level of

cumulative losses for the vast majority of the distribution utilities, driven mainly by large

aggregate technical and commercial losses. For instance, cash losses for all utilities

increased from Rs65 billion in 2007 to Rs284 billion in 2009. The average aggregate

technical and commercial losses for utilities decreased from 29.6 percent in the year 2008

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to 28.4 percent in 2008-09 but still remained very high. The average cost of supply (input

energy basis) increased from Rs2.9/kwh in the year 2008 to Rs3.4/kwh in 2009. The

period covered in this report does not allow for a comparison of pre-reform and post

reform performance but it is still possible to see that despite reforms, a consistent

improvement in performance is not being achieved in India.

Shukla et al. (2011) analyze competition and market power in the wholesale

electricity market in India in the context of the adoption of EA 2003 and other reforms to

promote competition. The concentration ratio, Herfindahl– Hirschman Index, Supply

Margin Assessment, and Residual Supply Index are used to measure market power. This

paper also uses the price–cost mark-up to examine if market power led to higher margins.

The analysis finds that market power of firms may be part of the reason for the

increase in electricity prices in the wholesale market. The study recommends various

measures to increase competition in the wholesale electricity market including 1)

divesture of generating facilities, 2) increasing transmission capacity, 3) price ceilings,

and 4) reduction in the demand-supply gap by swiftly adding new generation capacities,

improving efficiency, reducing losses and demand side management.

Shrestha et al. (2004) analyze the impacts of private sector participation in

electricity generation and tariff reforms in Thailand and Bangladesh. The reforms in

Bangladesh and Thailand used a similar approach. However, their achievements were

very different. In Thailand, the rural electrification rate increased from 7% in early 1970s

to 97% of rural households by 2000, while, in Bangladesh only 19% of households were

electrified by 2000. The authors identify three reasons for the poor performance of

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reforms in Bangladesh: (i) inadequate generation capacity; (ii) weak financial situation of

Bangladesh’s power sector institutions, which impacted their ability to undertake

investments; and (iii) relatively weak economic growth, which hampered the purchasing

power of residential as well as industrial customers.

Galal, Jones, Tandon, and Vogelsang (1994) in one of the first and most

comprehensive studies of reform, analyze the welfare implications of privatization of

state owned electricity utilities in Chile. The study is among the first to emphasize that

privatization of natural monopolies, when combined with proper regulatory framework,

can be welfare enhancing. The study finds that privatization of the two Chilean utilities

produced significant new welfare improvements.

Delfino and Casarin (2001) examine the welfare impacts of the privatization of

electricity utilities in Argentina in the Gran Buenos Aires area, using a family

expenditure survey of about 5,000 households. Between the time of privatization in 1993

and the end of 1999, expenditure on electricity in real terms for a representative small

consumer increased by about 20%, while an average large user enjoyed a tariff reduction

of about 23%. The paper shows that nearly all income groups among the existing

customers increased their consumer welfare after privatization, with the exception of the

lowest income group. The results indicate that higher income groups have, in absolute

terms, benefited more than low income groups, although in percentage terms, the benefits

are similar.

Toba (2007) studies the welfare impacts of the introduction of private sector

participation in generation in Philippines’ electricity sector during the electricity crisis of

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1990–1993. This study uses a social cost and benefit analysis. The study finds that the

main benefits came from IPPs, who contributed to resolving the crisis, and promoted

economic and social development. Consumers and investors were net gainers, while the

government lost and there was an air pollution cost. The paper concludes that, overall,

private sector participation in the electricity sector increased social welfare.

Sharma et al (2005) review the performance of Indian power sector over 1991-

2001 by critically assessing performance indicators of different states and make

suggestion for future reforms in the sector. Their analysis shows that reforms have been

unsuccessful in improving technical efficiency, T&D losses, and financial position of the

power sector. The social objectives also have not been achieved. According to the

authors, implementing an integrated approach with redefined methodologies and

objectives can provide positive results. Going forward, they advise the pursuit of reforms

in small incremental steps and question the effectiveness of unbundling and privatization

in all conditions.

Section 2b: Reform Preconditions

When reforms have not gone well or at least not as well as expected, studies have

pointed to the lack of institutional preconditions as one of the main reasons for the lack of

success. Studies identify political leadership, commitment to reforms, strong regulatory

governance, broad public engagement and participation in the design of reforms as the

main preconditions for success.

Indian Institute of Public Administration (2006) carries out a comprehensive

assessment of implementation of reforms in 10 states of India using data analysis,

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interviews and case studies. The report finds that electricity utilities are making

improvements in their financial performance and customer service. The report argues that

restructuring of utilities, including unbundling is a necessary but not a sufficient

condition for turnaround of the electricity sector. The report identifies the following

measures as being necessary for successful reforms: (i) taking employees into confidence

and enlisting their support; (ii) strengthening electricity regulatory agencies; and (iii)

strong and sustained political support.

Bhattacharya (2007a) argues that despite the enactment of a comprehensive legal

framework for the electricity sector, political instability and opportunistic behavior of

political parties in India have reduced the acceptability of reforms. Reforms have not

been successful in rationalizing tariffs or balancing supply and demand and are thus not

likely to produce desired outcomes in India. The study identifies the following

preconditions for successful and sustainable reforms: 1) a climate of political stability and

widespread support; 2) early demonstrable success in creating a strong beneficiary base

and a role model; 3) proper management of risks and expectations; and 4) locally

acceptable solutions as opposed to globally optimal solutions.

In the context of the current ongoing electricity crisis in Pakistan, Kessides (2013)

finds fault with the regulatory environment in Pakistan and suggests that the severe

electricity crisis is the cumulative result of imprudent and reckless energy policies of the

last three decades. These policies have resulted in inefficient fuel choice for electricity

generation, compromising energy and economic security. The full implementation of the

standard reform model – independent regulation, unbundling, and introduction of

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wholesale market and competition – has several institutional prerequisites that are not

present in Pakistan.

As a result, reforms in Pakistan have stalled with the introduction of IPPs. IPPs

have been an important source of new investment in Pakistan and have helped install

substantial electricity generation capacity. IPPs have generally exhibited superior

technical performance relative to state owned utilities. However, the author argues that

the sector’s performance can be significantly improved if there is stronger political

commitment and effective regulatory governance. According to the authors, Pakistan’s

experience highlights the detrimental consequences of the lack of credible regulatory and

political commitment for the viability of IPP investments.

Nakhooda et al. 2007) argue that while the “standard model” for electricity reform

built around private ownership and competition has left its mark on the electricity sector,

fundamental questions of public interests and sustainable development have not been

adequately addressed. The analysis in the report is based on assessments of electricity

governance in India, Indonesia, Thailand, and the Philippines that were completed in

2005 using World Resource Institute’s Electricity Governance Initiative Indicator Toolkit

as a common research methodology.

The Electricity Governance Initiative indicators address transparency, public

participation, accountability, and the capacity of various actors in policy and regulatory

processes as they relate to electricity, with an emphasis on environmental and social

considerations. The assessments suggest the following major emerging trends in

electricity policy and regulation, and specific areas for consideration, caution, and

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improvement in electricity governance: (i) very little information about the basis for new

policy initiatives is shared with the public; ( ii) opportunities for public participation in

policy processes remain quite limited; (iii) the integrity and capabilities of executive

agencies need to be improved; (iv) planning processes can help mainstream

environmental and social considerations; and (v) public interests such as environmental

sustainability and social equity are seldom included in the mandates of electricity

regulators. In this context, the report argues that the performance of reforms can be

improved through greater attention to the governance of the electricity sector, including

the processes, institutions, and actors that determine how decisions are made.

Tongia (2003) reviews the interplay between legal, political, and institutional factors

that have shaped the electricity market reforms in India. The paper finds that there has been a

large variation in the performance of the states and it is not possible to attribute all of the

variation to reforms. For example, the state of Tamil Nadu implemented few structural

reforms to its State Electricity Board, yet has been successful in bringing down tariffs while

also reducing financial losses. According to the author, the main factor in explaining

outcomes is the ability of the state governments to implement operational improvement plans

and the strength of their institutions. Governments with weak institutions such as the state of

Orissa have performed poorly even when they have had ambitious reform plans.

Governments with strong institutions and sustained commitment to reform (e.g., Andhra

Pradesh and Delhi) on the other hand have fared much better.

Section 2c: Contracts

Studies find that well-structured and balanced contracts are central to the success

of private sector participation in the electricity sector. Early efforts to introduce private

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sector participation in developing countries through IPPs were compromised by the lack

of experience of governments in structuring contracts as well as lack of transparency in

the process used to finalize the contracts. As a result, electricity produced through the

first round of IPP contracts in developing countries was generally more expensive than

the electricity from state owned utilities. While some countries have found it difficult to

restart the momentum after the initial disappointments, others have learned from their

initial experiences to significantly restructure their terms of engagement with IPPs,

including through better distribution of risks and use of competitive bidding to procure

electricity. There is recognition now that for reforms to be successful, contracts must not

only be fair and transparent but also be perceived as being such by stakeholders.

Fraser (2005) reviews Pakistan’s IPP experience in the early 1990’s to find that

the country erred in not focusing sufficient attention on the transparency and fairness of

contracts negotiated with the private sector. Under its 1994 Private Power Policy, 19 IPPs

reached financial closure for an additional 3400 MW of electricity generation capacity,

leading to Pakistan being cited as a model for private sector development in the power

sector in the mid-1990’s. However, by 1998 the new government had issued notices of

intent to terminate 11 IPPs, representing two thirds of private power capacity contracted,

on alleged corruption and/or technical grounds.

In defense of Pakistan’s government, there was a perception that the contracts

with IPPs were unfair and extremely favorable to the private investors. Project sponsors

on the other hand complained of excessive coercion, harassment and heavy-handed legal

and other actions initiated by the government to renegotiate tariffs or cancel contracts.

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This episode contributed to Pakistan’s fall from grace in the eyes of the international

investor community. Fraser notes the following lessons from the review of Pakistan’s

IPP experience: (i) power procured through IPPs should be cost competitive with other

sources of power; (ii) solicitation of IPPs should be on a competitive basis and staggered

over a few years so that changes in international investors’ assessment of country and

contract risks can lead to declining bid prices; (iii) it is important that a transparent

bidding process is followed so that IPPs can be more politically sustainable; and (iv)

parties have to recognize that renegotiation of contracts is reasonable provided it is done

in a mutually acceptable manner.

Eberhard and Gratwick (2005) review the IPP experience in Egypt and find that

while the country’s three IPP projects have had reasonably successful outcomes, both the

government and private sector investors are unwilling to move forward with additional

projects. The Egyptian government used a series of series of competitive, international

bids, which involved four distinct phases, for its IPP projects. The contract stipulated

project financing, rather than balance sheet financing. Fuel cost (i.e. natural gas as the

main fuel and fuel oil as the back-up), based on a formula stated in the PPA, was to be

passed through to the utility. All payments to the IPPs by the utility were to be made in

US dollars and would be backed by an Egyptian Central Bank Guarantee (CBG).

The Egyptian government was able to sign PPAs at extremely competitive rates

but the devaluation of the Egyptian pound by more than 50% in the early 2000’s

significantly increased the financial burden of the IPPs to the government. While power

is still competitively priced by international standards (largely due to cheap state-supplied

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gas), the government has once again charged the state-owned power utility with

developing generation capacity, supported by development finance institutions. While the

original deals have held and the three gas-fired IPP plants continue to provide reliable

and affordable electricity, neither the original sponsors, nor the government, are keen to

develop further IPP projects.

Woodhouse (2005) reviews the IPP experience in the Philippines and finds that

the country has learned from its experience and has gotten better at negotiating contracts

with private sector over the years. Consistent with other many developing country

experiences, the Philippines initially moved to IPPs as a response to a crisis—in this case,

the large power shortages of the late 1980s and 1990s. However, this move became the

foundation for a sustained and energetic push towards a competitive wholesale energy

market. During this time the legal regime and context within which IPPs were negotiated

shifted several times as the leverage and sophistication of the local authorities improved.

Terms for the contracts became more competitive over time, and there was a decreasing

reliance on sovereign guarantees to underwrite projects.

The IPPs have been a lightning rod for criticism of government policy, with

claims of corruption, overpricing, and expensive energy. However, successive

governments continued to honor the basic offtake obligations in the IPP contracts until a

2001 electric industry reform law mandated an inter-agency review of the IPP contracts.

This review process led to a widely publicized renegotiation effort in the IPP sector.

Although this series of renegotiations generated substantial savings for the Philippine

government, the actual modifications to the contracts were minimal – in only a few cases

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did the changes require lender approval. Woodhouse observes that foreign investors in

Philippines seemed relatively more willing to rely on sophisticated contractual safeguards

that depended on ex post enforcement than in other South-East Asian countries such as

Malaysia or Indonesia.

Eberhard and Gratwick (2005) examine Kenya’s experience with private

participation in the electricity sector, focusing on four generation IPPs. They find that the

government’s ability to negotiate with the private sector improved between the first and

the second round of IPPs. Initial IPPs contracted by the government were three times

more expensive than electricity from plants owned by the national utility, KenGen. These

high prices were attributed to the fact that plants were procured during a drought, under

severe time pressures, with a truncated tender process and with extremely short seven

year PPAs. In the second wave of IPPs, projects were tendered under international

competitive bid standards. The result was significantly cheaper power than the first wave,

with wholesale tariffs competitive with KenGen’s.

Rector (2005) reviews the IPP experience of Malaysia. Malaysia IPP program is

unique in the East Asia region for its reliance on domestic investors, financing and fuel,

which provided a high level of stability to the program. These features made Malaysia’s

IPP program less vulnerable to the Asian financial crisis than that of its neighbors.

However, Malaysia was not completely immune to the harmful impacts of the crisis.

Malaysia’s partially privatized but state controlled off-taker, Tenaga, had high levels of

foreign currency debt for which repayment obligations became enormously burdensome

as a result of the currency devaluation that Malaysia experienced during the crisis.

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Additionally, the Asian financial crisis led to a contraction in the Malaysian economy,

which resulted in a slowdown of electricity demand growth and exacerbated an

overcapacity problem that was already causing serious financial strain on the government

off-taker. This put a lot of pressure on the Malaysian government and Tenaga’s ability to

honor its contracts with IPPs. Despite this, the utility and the government did not

unilaterally change the contracts and PPAs with IPPs and instead chose to pursue minor

mutually agreed amendments the contracts. Overall, the Malaysia’s IPP experience was

very positive from the investor’s perspective since they were able to make healthy profits

from their contracts with the utility. The outcome from the government’s side was more

mixed because there was a sense that the government may have overpaid for electricity

procured from the first round of IPPs.

Bayliss and Hall (2000) assess the main categories of problems that have arisen

with IPPs, based on a review of experiences in a number of countries. The authors argue

that IPPs have proven to be (i) inflexible and uncompetitive; (ii) costly and lacking in

transparency; (iii) highly risky for governments; and (iv) prone to corruption. According

to the authors, more and more governments are running into difficulties with IPPs. In the

countries where they have been established for some time, such as Pakistan and

Indonesia, IPPs have been the subject of protracted legal, political and economic battles.

Other countries such as the Philippines and Dominican Republic have seen electricity

utilities crippled by payments to IPPs. Many countries have questioned the generous

terms offered to IPPs by previous governments and have attempted to limit the damage of

such arrangements through renegotiation of PPAs and by voiding the contracts.

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Gratwick and Eberhard (2008) analyze the outcomes of nearly 40 IPP projects in

8 countries. The authors find outcomes have been more balanced in North Africa than

Sub Saharan Africa. The main reasons for this is a better investment climate, a more

robust policy framework, better planning by governments, abundant low-cost fuel and

secure fuel contracts as well as credit enhancements such as sovereign guarantees. With

few exceptions, these elements were absent in Sub Saharan Africa, where the role of

development finance institutions was more important.

To conclude, the authors present three main findings. First, evidence of

contractual failures is widespread among African IPPs. Secondly, contractual failures

have not necessarily signaled the end of project operations. New agreements have been

reached to make the projects sustainable. Third, there is need for efforts to continue to

close the initial knowledge gap between investors and host-country governments.

Section 2d: Local Context

The importance of adapting reforms to the local context, including through greater

engagement with stakeholders is suggested by a number of studies. However, studies are

less clear about how reformers can go about doing this. The case study on reforms in

Bhiwandi region in the state of Maharashtra provides an example of how this has been

pursued in one place but there is need for more work to unlock the puzzle of context

specific design of reforms. Moreover, some studies may be overtly dismissive of the

“standard reform model,” which for all its drawbacks, does provide roadmap for

achieving greater efficiency and transparency and, as indicated in the review of the

econometric literature, has been associated with improvements in sector performance.

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Salgo (1996) argues that for India to achieve its goals of providing electricity to

nearly one billion people, the long term need for fundamental reform- without being

"structurally prescriptive"- is largely at the state level. The paper reviews the reform

plans of the state of Orissa and infers that states level reforms will result in a variety of

prescriptions and models. There is likely to be no set preferred structure, with smaller

states for the most part forgoing unbundling and private sector participation. According

to the author, each state’s reform will likely be relatively unique, as in the case of the US,

due to differences in factors such as population, income levels, mix of loads,

geographical size, and availability of natural resources.

Ali et al. (2007) review the controversies and issues surrounding the 1994 power

policy that was highly successful in attracting foreign direct investment to Pakistan’s

power sector. The policy generated a lot of controversy, as IPPs were accused of using

illegal means to secure lucrative contracts. The paper finds that the IPP policy was

designed with little or no input from relevant stakeholders and this contributed to its

unraveling and reversal at a later stage. The paper suggests that the way forward for

Pakistan lies in strengthening electricity regulation, empowering civil society, and

restructuring WAPDA without necessarily privatizing it.

Singh (2010) provides an overview of competition in various segments of the

electricity sector in India, and whether the changes brought about by the EA 2003 were

effective in encouraging a competitive marketplace. The paper finds that the provisions

of the Act are necessary but not sufficient condition for achieving this objective.

According to Singh, the short term challenges in the Indian power sector relate to

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improvement in technological efficiency and financial performance and that, in the long

run, policy makers and the regulators alike should endeavor towards development of a

competitive power market that provides efficient price discovery and cost-effective

choice to consumers. Singh’s conclusion is that there is no single set of textbook

conditions to enable development of a competitive power markets India; deviations are

necessary to take into account the prevailing market structure including ownership

pattern and supply options, market behavior, subsidy, universal service obligations and

socio-economic compulsions.

Using a narrative assessment supported by data analysis, Dixit et al. (2001) argue

that the main reason for the poor performance of the power sector in India is lack of

transparency, accountability and public participation which has resulted in weak policies

and decision making as well as a failure to execute reforms and regulations. According to

the paper, this situation has directly led to sector inefficiencies such as T&D losses in

excess of 40%, unsustainably high cost of electricity procured from IPPs, and highly

skewed tariff structures. Effective implementation of transparency, accountability and

public participation during the reform process, via legal operational provisions and civil

society, is imperative for the success of reforms.

Tankha et al. (2010) analyze the experience of the Distribution Franchise model

in Bhiwandi, Maharashtra to show that partial reforms whose design and implementation

take into account the local context and different interests of the key stakeholders can

provide valuable and immediate benefits. According to the paper, Bhiwandi, Maharashtra

went from being the worst performing state distribution center to one of its best

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performing ones after the Maharashtra State Electricity Board in 2007 handed a

distribution franchise agreement to a private company, Torrent Power Limited, for 10

years.

Under an environment of high power theft, collusion between users and

Maharashtra State Electricity Board employees and political interference, Torrent Power

Limited used careful stakeholder analysis and strategic coalition building that avoided

rigid positions based on idealized models to achieve sales growth and profits, reduce load

shedding through lower technical and commercial losses, improve collection efficiency

and customer services. However, the author notes that, as these reforms are partial, they

are also fragile and remain vulnerable to public choice action by politicians. The paper

concludes that a favorable institutional framework, while desirable, is not necessary to

make progress towards reforms in general. Private sector participation in particular and,

where institutions are unfavorable, alternate pathways and strategies for improving sector

performance should be pursued; through careful stakeholder analysis and strategic

coalition building, success can be achieved in hostile institutional environments.

Reviewing electricity market reforms in Nepal, Jamasb (2012a) finds that a low

political commitment to reform coupled with weak implementation of necessary

measures due to political instability and the absence of an independent regulator has

adversely affected the electricity sector in Nepal. While the initial reforms followed the

standard template of reform in developing countries, this model has proven unsuccessful

in the Nepalese context.

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The study suggests that a cautious and gradual reform process based on a piece-

meal approach with constant adaptation is appropriate for a country like Nepal. In the

context of Nepal, the authors conclude that separation of accounts of the main functions

of the utility may be a more pragmatic restructuring approach than unbundling given the

present political and market condition. As Nepal’s electricity system grows in size,

unbundling and privatization can be pursued.

Section 2e: Implementation

Implementation of reforms is another area that receives attention in case studies.

Weak reform efforts are inevitably seen to be characterized by poor implementation

while successful reforms are seen to be characterized by meticulous design and robust

implementation. When reforms are implemented poorly, it is almost always because there

is a divergence between letter of the law and actual implementation. The literature on

implementation of reforms highlights the importance of allocating more financial and

human resource for successful reforms. However, the literature does not examine deeply

why certain countries and states are better at implementation than others and what if,

anything, can be done to change the situation. In particular, the literature is silent on the

role played by informal beliefs, habits and customs of actors involved in the reform

process as well as the role of history.

Battacharyya (2005) analyzes the changes brought about by the EA 2003 and

whether it is sufficient to transform the Indian power sector. The paper argues that the

tariff determination has been made flexible and commissions are now empowered to

move to a multi-year tariff regime and decide the tariff principles. The paper concludes

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that the regulatory system in India fulfills the requirements for a credible system.

However, the paper finds that improvements are needed in terms of arrangements for

funding of commissions, and stricter provisions for subsidy.

Malik (2007) examines the regulatory environment in Pakistan’s electricity sector.

National Electric Power Regulatory Authority, Pakistan’s electricity regulatory agency,

was formed in 1997 to protect consumer interests and to ensure an efficient and

competitive environment for electricity generators and distributors, but it has so far had

limited effectiveness. Since its inception, National Electric Power Regulatory Authority

has had limited autonomy, which has adversely affected its ability to carry out its

regulatory functions. In addition, National Electric Power Regulatory Authority has

lacked the professional expertise to supervise sector and establish a rational and equitable

pricing regime. According to the author, the electricity sector has had to pay a price for

National Electric Power Regulatory Authority’s ineffectiveness and is now burdened by

inefficient and non-optimal tariffs, high line losses, and high level of corruption.

Reineberg (Reineberg, 2006) examines India's chances of achieving its goal of

providing “electricity for all”. Reineberg worries that the estimated price tag of updating

and constructing various infrastructure projects may exceed $200 billion, and financing

will be the major challenge. In this regard, the author is particularly concerned by the

failure of the state of Maharashtra to honor its contractual commitments to the Dabhol

power project in 2001 after tariff disputes which resulted in the project being abandoned

after beginning construction. According to the author, this sent a wrong signal to

international private investors and is likely to reduce interest in India.

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Agarwal et al. (2003) review the successful privatization in July 2002 of the

distribution operations of the Delhi Vidyut Board, the state owned utility that served the

14 million people of metropolitan Delhi. The paper tries to uncover how the Delhi

Government was able to sell majority stakes in three distribution utilities covering the

entire metropolitan area even though the total operational and commercial losses were

close to 50%.

The paper finds the following economic and regulatory factors as being

important: (i) a willingness to set a clear subsidy system in place to support a transition

path to full commercial activity; (ii) a willingness to establish companies with a

sustainable level of liabilities even though this required leaving around 85% of the

existing liabilities with a state owned holding company; and (iii) the establishment of key

elements of a multi-year tariff regime. In addition, the decision of the government to have

the bidders bid on the basis of a trajectory of commercial and technical loss

improvements for the first five years was found to be important as this allowed bidders to

reveal the efficiency improvements they felt would be achievable while also providing

consumers with a transparent measure by which the success of the privatization could be

assessed.

Pollitt et al. (2011) revisit a 2002 paper examining the human resources

constraints in the electricity sectors in India, Latin America and Africa. The authors find

strong evidence to indicate that there are significant human resource constraints which

limit the scale and, hence, the scope and potential effectiveness of energy regulatory

agencies in these countries and that there has been little improvement since 2002. In

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India, for instance, the number of professional staff in regulatory agencies, both in

absolute and relative terms, is found to be extremely low.

Ahmad (2011) assesses the role of organizational inefficiency in creating the

electricity crisis in Bangladesh. The paper argues that the organizational inefficiency of

the state owned utility, BPDB and Ministry of Power, Energy, and Mineral Resources

combined with political interference is responsible for creating the electricity crisis in

Bangladesh.

The paper finds that the power sector is highly centralized with all the decisions

taken at the top of the hierarchy. Contrary to the provisions of the 1996 Private Sector

Power Generation Policy, Bangladesh takes a long time to approve IPP projects due to

political interference, corruption and inefficiency. There continues to be widespread

electricity theft due to unauthorized connections, often involving collusion with

employees of the utilities. Utility employees have political affiliations and are able to

thwart any efforts to reform the utilities. The paper argues that the current electricity

crisis can be resolved by increasing the efficiency of government institutions and

stopping political interference in electricity sector institutions.

The Forum of Regulators (2008) analyze the effectiveness of initiatives to

institutionalize and protect consumer interests in India such as Consumer Grievances

Redressal Forum and Ombudsman. Based on interviews with various Non-Government

Organizations, consumer rights protection organizations and consumers, the study

assesses the gap between law and implementation. The study finds that the provisions in

the EA 2003 are interpreted differently in different states, and hence are inconsistently

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followed. To improve the effectiveness of Consumer Grievances Redressal Forum and

Ombudsman, Forum of Regulators recommends 1) ensuring financial and operational

autonomy for such institutions, and 2) establishing a framework for monitoring

performance, implementation and accountability for noncompliance.

Siyambalapitiya (2002) reviews the implementation of Sri Lanka’s energy policy

and finds that “written policy is hardly ever followed by the government: what is

followed is a mix of written and unwritten policies, and a largely ad-hoc series of actions,

that cause confusion, waste of precious human resources and funds in various sector

institutions and to the public.” The paper highlights the need for Sri Lanka to graduate

from the disorderly manner in which energy “policies” are currently implemented,

towards a mature, systematic approach to policy preparation and implementation.

Section 2e: Political Economy

Studies point to the political economy of the electricity sector as being

particularly challenging to reforms. Special interests that stand to lose from reforms (such

as for instance the employee unions, agricultural customers, politicians) are successful in

either stalling reforms completely (such as in the case of Sri Lanka) or watering down the

provisions so much that reforms are severely compromised (such as in the case of India).

This has been responsible to a considerable extent for the slow progress of reforms in

South Asia.

Joseph (2010) examines the relationship between partial reforms, corruption,

private sector growth and the rise of captive power in the Indian electricity sector. The

paper argues that the ongoing problems (corruption, theft, and inefficiency) in the power

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sector are due to "partial reforms" which has resulted in an out flux of industrial

consumers who have established captive power plants to meet their needs. This has

resulted in a dual-track sector, whereby state-run and market-run electricity generation

exist side-by-side. This is encouraged by politicians as it allows them to meet private

sector needs, without jeopardizing the support of key political constituencies at the state

level.

Kale (2007b) reviews the reasons why different Indian states are pursuing

electricity sector reforms at different rates by focusing on (i) ideological predilections of

governing elites, (ii) external pressures like those coming from international financial

institutions, and (iii) state-society interactions. Kale argues that it is the last explanation,

focusing on the degree to which the potential “losers” from reform dominate state politics

that most compellingly accounts for the unevenness in state level reforms. According to

Kale, the primary independent variable that explains the variation in reforms is the

organizational and political strength of societal actors in each state, particularly rural and

industrial constituencies, and middle class interests. For instance, in states with a large

and well organized farm sector, reforms have not proceeded. In the absence of such a

sector, state elites have pushed through with reforms to satisfy industrial and urban

constituents and signal the state’s openness to private capital inflows.

Section 2f: Distribution

According to the literature, the distribution segment of the electricity sector is

emerging as the most critical area of electricity market reforms in South Asia. While

reforms initiated since the 1990’s have been able to successfully transform generation

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through the introduction of IPPs, both the reforms and performance of the distribution

segment has lagged behind. While organizational unbundling has resulted in creation of

new distribution companies, these companies are still a long way from operating on

commercial principles. The vast majority of distribution companies in South Asia

continue to make large financial losses and their operation is hampered by political

interference, corruption and theft. Moreover, the financial weakness of distribution

utilities risks weighing down rest of the sector since it depresses investment by IPPs as

well as efforts to increase electricity access.

Alam et al. (2004) review the implementation of electricity market reforms in

Bangladesh. The paper notes that while recent reforms have focused on the generation

and transmission segments of the sector, the most pressing problem is in the distribution

segment, which is characterized by heavy system loss and poor revenue collection. This

implies that priority in reform must be given to distribution. The authors recommend

following measures to improve the implementation of reforms; (i) substantial

restructuring of the administration to make it efficient and effective; (ii) regular

performance monitoring; and (iii) steps to institute accountability among utility staff to

reduce electricity theft.

Pargal et al. (2014) review the evolution of the Indian power sector with a focus

on distribution as a key to the performance and viability of the sector. The book notes

that government initiated reform efforts have so far focused on the generation and

transmission segments, reflecting the urgent need to add and evacuate capacity while

distribution reforms have lagged.

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Highlighting the importance of distribution reforms for ensuring the financial

sustainability of the sector, the authors analyze the multiple sources of weakness in

distribution and identify the following key areas of action to improve performance in the

short and medium term: i) implement fully the key EA 2003 mandates, especially those

on competition and distribution; (ii)ensure regulatory autonomy, effectiveness, and

accountability; (iii) ensure that high-quality, updated data are publicly available and that

these data are used for monitoring and benchmarking performance; (iv) insulate utilities

from state government to prevent interference; (v) make better use of India’s size and

diversity to experiment with and learn from different models of service provision

operations; and (vi) rationalize domestic tariff structures to improve targeting and reduce

the fiscal burden.

Singh (2006) reviews the implementation of electricity sector reforms in India

since the 1990’s, which culminated with the passage of the EA 2003. The paper finds that

while the main objective of electricity sector reforms in developed countries has been to

enhance competition in the sector, improving the financial situation of utilities and

attracting private investment to the power sector has been the main driving force for

reforms in India. Singh sees EA 2003 as having the potential to further develop the

electricity market in India through license-free thermal generation, non-discriminatory

access to the transmission system and the gradual introduction of open access to the

distribution system. However, the paper sees the possibility of sustained improvements in

performance of the electricity sector only from improvements in the distribution segment,

in particular, through efforts to reduce political interference.

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Singh (2007) provides an overview of the evolving policy and regulatory

framework for private and foreign investment in the Indian power sector. The paper finds

that progress has been achieved in making tariff determination process more transparent

and promoting cost reflective tariffs. Efforts have also been made to reduce the risks

associated with sales to financially weak state utilities by ensuring competition in the

bulk power market and phased direct access to large consumers. Notwithstanding these

promising policy and regulatory developments, more reforms are needed to improve the

performance of distribution utilities. Among other factors, the autonomy to manage

distribution utilities in a commercial manner is a key issue. In the long run, the author

argues that the state’s objectives are best served by nurturing a financially sustainable

sector that can improve access for poor and rural consumers.

Dossani (2004) argues that India's current reform policies are not sufficient to

achieve reliable and efficient power because of the bottlenecks in the distribution

segment electricity sector. The paper finds distribution reforms to be challenging in India

because of the lack of consensus on best practices as well as economic and political

conflicts. The paper analyzes alternative institutional structures for reform in the

distribution sector and finds that that: (i) the objectives of coverage and efficiency may

conflict; (ii) an economically efficient reorganization may be politically unachievable;

and (iii) the small municipally owned distribution company may be the best compromise.

According to the author, the agenda for policymakers is to assess the situation in their

respective states and choose reforms that are the best compromise.

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Bhatia et al. (2004) review the implementation of a campaign to control the theft

of electricity from government owned electricity distribution companies and improve

revenue collection in the Indian state of Andhra Pradesh, India. The initiative helped

reduce losses, boosted revenues, and improved customer service. The paper finds that the

improvements are likely to be sustainable since the utilities have institutionalized new

business processes and made visible changes in their organizational culture.

The paper identifies the following factors as being responsible for the success of

the anti-theft campaign; i) creating a constituency for change through effective

communication with key stakeholders and building confidence in the government’s

assurances by ensuring that the communication is followed by concrete actions; (ii)

modifying the legal framework and enforcement mechanisms to remove legal

impediments and empower enforcement authorities; (iii) ensuring that punitive actions

are seen as judicious and equitable and giving those with illegal connections a chance to

become lawful customers; (iv) institutionalizing new business processes by adopting

modern technology, improving management information systems, and introducing new

management control systems; and (v) changing the incentives of managers and staff by

punishing collusion and poor performance.

Norris (2007) finds that the performance of the distribution segment in

Bangladesh is acting as a barrier to private investment in electricity generation in

Bangladesh. According to the paper, Bangladesh faces a crisis of limited electricity

generation capacity. Only 30% of Bangladeshis have access to electricity, and those who

do, face poor quality service such as frequent blackouts and voltage variations. A lack of

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reliable power impedes economic development of the country. Electricity tariffs are at

below cost recovery levels while the electricity service is poor. Citizens fix illegal hook

ups to existing electricity lines to steal electricity. Bill collectors and utility managers

have long history manipulating figures to inflate electricity lost in the system.

Since the early 1990s, the government has attempted to create market conditions

for the distribution of electricity. However, corruption among political elites dissuades

potential investors. Through analysis based on elite interviews and case studies, the paper

concludes that the government should strengthen the Bangladesh Electricity Regulatory

Board through secured funding and increased staff capacity and facilitate distributed

generation arrangements between industries and neighborhoods.

Sant and Dixit (2003) review the performance of the five distribution companies

in India that weren’t nationalized in the 1960’s and have remained in private sector

control as well as a sixth one that was created in the early 1990’s. They present a

comparative analysis of the performance of these private distribution utilities, Tata Power

Company, BSES, Calcutta Electricity Supply Company, Surat Electric Company,

Ahmedabad Electric Company and NOIDA Power Corporation. As indicative

comparative exercise, data from two public utilities - BEST, Mumbai and Pune Urban

Zone of MSEB - are also presented. The authors find that performance of the two public

utilities is comparable to that of private utilities on many parameters such as distribution

cost and T&D losses. The performance of Pune Urban Zone in reducing T&D losses in

particular compares very favorably with private sector distribution companies. The

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authors conclude by highlighting the need for more detailed performance reviews of

existing private utilities.

Section 2g: Country Specific Issues

Thakur et al. (2005) analyze the likely impacts of the major policy reforms

undertaken by Government of India for revamping the country's electricity sector. The

author expects EA 2003 to bring about revolutionary changes in India’s electricity sector

and serve as a model of policy reform for other developing countries. However, the paper

also highlights unresolved issues such as pricing and transmission, open access,

environmental concerns, market dominance of few generators, mechanism for preventing

sharp increase in trading prices, time frame for implementation of open access, and cross

subsidy elimination. Despite concerns, the paper has a positive outlook on electricity

market reforms in India, but expects there to be slow progress in achieving outcomes.

Ali et al. (2010) examine the circular debt problem in Pakistan’s electricity sector.

After presenting the profile of the electricity sector in Pakistan, the paper explains why

circular debt has emerged in the sector. Two principal reasons are given for the circular

debt problem: first, consumer tariffs are insufficient to recover the rising costs of

electricity generation and the government (due to fiscal constraints) is not compensating

Pakistan Electric Power Company for the resulting losses. Second, Pakistan Electric

Power Company is unable to recover dues from consumers. According to the paper, the

circular debt problem can be resolved through a sharp upward adjustment in power tariffs

and explicit recognition of the costs of electricity subsidies in the Pakistan’s budget.

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A report prepared by the government’s energy sector task force (Friends of

Democratic Pakistan, Energy Sector Task Force, 2010) provides a road map to eliminate

electricity deficits in Pakistan. It includes a detailed set of recommendations and an

action plan to enable the country to achieve full energy security and sustainability. The

report was prepared in the midst of Pakistan's current electricity crisis. This report

recommends five key areas of reforms and investments to sustain Pakistan's electricity

sector and to expand its capacity to meet present and future requirements. They are: (i)

strengthen electricity sector governance and regulation; (ii) rationalize pricing and

electricity subsidies; (iii) mainstream energy efficiency into energy policy; (iv) fast track

investment projects; and (v) develop project finance capability.

Thakur (2002) reviews power sector reforms in Nepal and finds that the

legislative framework for the sound development of the sector is already in place. The

paper argues for the adoption of a strategy for the development of public and private

sectors, large and small projects and for both domestic consumption and exports. The

paper sees reforms in electricity sector as being very complex and painful and requiring

political willingness as well as effective government support. While acknowledging that

radical changes in the way in which the NEA operates is not possible, the paper finds that

some improvement in performance can be achieved with the firm commitment and

determination of political leaders.

Haque and Rahman (2010) review the electricity crisis in Bangladesh and offer

solutions for resolving it. They identify high system losses and corruption as the main

causes of the electricity crisis. They propose the following solutions to addressing the

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crisis: (i) greater use of demand management practices to reduce the power shortage; (ii)

priority efforts to combat corruption in the sector; (iii) better utilization of renewable

energy in the country; (iv) development of manpower necessary for expanding renewable

energy.

Amarawickrama (2004) critically examines the Sri Lankan government’s reform

and restructuring plans for the electricity sector in the context of the 2002 power sector

policy guidelines. The paper finds that the government’s policy guidelines and reforms

are going in the right direction but that there is room for improvement. The paper

recommends that the government’s role in the electricity sector should be reduced

gradually and that a competitive electricity market should be adopted. The paper is

doubtful about the prospects for improvement in the sector’s performance without these

reforms.

Section 3: Gaps Addressed by this Dissertation

The review of the literature indicates there is still considerable uncertainty

regarding the relationship between different electricity market reform measures and

sector performance. Econometric studies on the relationship between reforms and

performance present mixed evidence, with results seen to depend on the size and income

of the country as well as the sequencing of reform measures.

There has been limited cross-testing of most of the hypotheses such that further

analysis in different regional contexts is necessary to increase confidence in the results. In

particular, there has been no effort to test the relationship between reform measures and

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performance indicators in the South Asian region using econometric methods.

Methodologically, given the data limitations in the electricity sector, there is growing

convergence around the use of fixed effects and random effect models for analyzing the

relationship between reform measures and performance indicators.

Similarly, the vast majorities of case studies on electricity market reforms either

describe the implementation of reforms or seek to explain the presumed causal links

between reform interventions and sector performance. There are very few studies that

carry out a detailed review of the institutional context in which reforms occurred and try

to explain how and why certain events may have happened. The analysis is almost

entirely focused on the observable elements of institutions and reforms, with no analysis

whatsoever of the effect of the informal elements (such as beliefs, norms, culture) that

motivate actions and their interactions with the formal elements of institutions and

reforms.

Viewed through the prism of Williamson’s four levels of institutions, the

literature is overtly focused on level 3 and 4 institutions with some coverage of level 2

institutions but a complete absence of level 1 institutions. Methodologically, there are no

case studies that use the analytical narrative methodology to bridge rational choice

modeling with more traditional narrative explanations.

It is these gaps in the literature that this dissertation seeks to address. I carry out

an econometric analysis of electricity market reform measures and performance

indicators for 26 Indian states and Bangladesh, Nepal, Pakistan and Sri Lanka. I then

make use of the analytical narrative methodology to get a better understanding of the

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different factors impacting electricity market reforms in the Indian state of Gujarat and

Nepal.

This dissertation thus expands the existing body of knowledge on electricity

market reforms by plugging these gaps in the literature. The next chapter presents the

research framework and methodology used in the dissertation.

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Chapter 4 - Research Framework and Methodology

As discussed in earlier chapters, the five South Asian countries covered in this

study – India, Pakistan, Bangladesh, Nepal and Sri Lanka – all embarked on electricity

market reforms in the early 1990s. The first step in the reform process - the introduction

private sector participation in generation - was completed by all five countries within a

few years of each other in the early 1990’s. However, there has been substantial variation

among countries and states in the status and timing of adoption of the subsequent reforms

such as the establishment of independent regulatory commission and unbundling of

utilities. None of the countries and states covered in the study has so far advanced to the

stage of a competitive electricity market.

Discussions in the previous sections suggest that the implementation of

institutional and regulatory reforms in the electricity sector is a complex undertaking. The

outcome of electricity market reforms is likely to depend not only on changes in the

formal rules, governance and ownership structures undertaken as part of the reform

process but also on the existing informal rules, norms and customs of the country.

Countries and states that consider the transaction costs associated with different

governance mechanisms in the electricity sector, including contract implementation

hazards are likely to fare better than countries that base their decisions solely on the

supposed efficiency gains of using markets. Likewise, countries and states that take steps

to facilitate competition in the electricity sector are likely to achieve more gains than

countries and states that rely only on private sector participation. Finally, credible and

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politically independent regulatory agencies are likely to be important for improving

outcomes in the electricity sector.

Section 1: Research Questions

(1) What is the relationship between electricity market reforms and sector

performance in South Asia?

As discussed earlier, the theoretical literature is not conclusive on the direction of

the relationship between reforms measures such as introduction of private sector

participation through IPPs, vertical unbundling of utilities and establishment of an

independent regulator and electricity sector performance. Empirical evidence on the

relationship between reform measures and performance indicators is also mixed (see

Appendix A for summary of the results of key econometric studies on electricity market

reforms and electricity sector performance).

Recent empirical studies such as Vagliasindi (2013), Nagayama (Nagayama,

2010) suggest that in general electricity sector reforms are positively correlated with

better sector performance in high and middle income countries with large system size but

negatively associated with these performance indicators in low income countries with

small system size. However, an earlier study covering 26 developing countries in Africa,

Asia and Latin America (Y. Zhang, Parker, & Kirkpatrick, 2008) finds that when

privatization is introduced together with independent regulation and competition, it is

positively correlated with performance indicators such as higher electricity generation. In

general, the relationship between reforms and performance indicators is sensitive to the

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100

manner in which different reform and performance concepts are operationalized in the

research (Hattori & Tsutsui, 2004).

There is a need to increase confidence in these empirical results through cross-

testing of the hypotheses in different regional contexts (Jamasb, 2005). In particular,

there is a need to gain a better understanding of the relationship between electricity

reforms and performance indicators in the South Asian context. Past efforts to study the

relationship between reforms and performance in South Asia have either been based on

only a few of the states and countries or have not covered reforms and performance at the

state level in India15. Vagliasindi (2013) and Nagayama (2010) for instance cover only 3

out of the more than 30 states and countries in South Asia.

In this context, the research will assess the relationship between electricity market

reforms measures and performance indicators in South Asia. To facilitate comparison of

results with Vagliasindi (2013) and Nagayama (2010), this study uses comparable reform

and performance variables and methodology as these studies.

15 Vagliasindi (2013) has three Indian states – Gujarat, Maharashtra and Andhra Pradesh – in her sample of

22 countries and states while Nagayama (2010) study covers Bangladesh, Pakistan and India. Nagayama presents India as a single unit, which is not an accurate representation since each of the states has its own policies in electricity sector.

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(2) What are some key institutional factors associated with success of reforms or a

lack thereof?

The success of reforms depends not just on observable elements of institutions

such as formal laws rules and regulations that are adopted as part of the electricity reform

process, but also on the informal elements such as beliefs, habit, norms and culture of the

society in which the reforms takes place. In particular, the theoretical literature suggests

that societies with a strong formal institutional framework and individualistic social

norms and customs are more likely to be successful in their reforms efforts than societies

with a weak formal institutional framework and collectivist social structures.

Case studies of electricity sector reforms in South Asia carried out by

Bhattacharya (2007c) and Nepal and Jamasb (2012b) find that changes in formal rules

and regulation, governance and structure of the electricity sector did not always lead to

expected sector outcomes. However, existing case studies of electricity sector reforms do

not identify the causal factors and mechanisms and lack convincing explanations of why

and how formal and informal institutional set up of the state or country impacts the

performance of the electricity sector.

In this context, the research attempts to derive a more nuanced understanding of

the “deep” institutional factors and causal mechanisms that underlie the successful

outcomes in utility and sector performance. It is anticipated that these insights will be

useful in the design of electricity market reform efforts.

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(3) What are the lessons that can be learned from the implementation of electricity

sector reforms in South Asia over the last two decades?

The state of electricity market reforms in South Asia is very much in a flux. While

all countries and states have embarked on reforms, very few states and countries have

privatized distribution and none has so far established a competitive power market. This

suggests that most countries and states continue to remain ambivalent on the desirability

of such reforms. In particular, countries and states remain either unwilling or unable to

pursue private sector participation in the distribution and retail segment of the electricity

sector.

In this context, the research will try to explicate policy lessons from the

implementation of electricity sector reforms in South Asia since 1990. These lessons will

cover areas such as: (i) the desirability of unbundling; (ii) the effectiveness of private

sector participation; (iii) the importance of regulation; and (iv) institutional pre-

conditions and key enablers necessary for success of reforms.

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Section 2: Analytical Framework

Electricity sector reforms take place in an environment characterized by different

levels of institutions. Figure 4.1 illustrates the analytical framework for electricity sector

reforms that is based on Williamson’s (2000) classification of institutions. The main steps

associated with electricity sector reforms such as introduction private sector participation

in generation, unbundling of utilities, and establishment of independent regulatory

agencies or the independent variables are located at levels 2 and 3 of institutions. These

reforms are however embedded in Level 1 institutions comprising of informal norms,

customs and traditions.

The performance indicators - electricity access, per capita generation capacity,

per capita electricity consumption, T&D losses and average tariff – are the dependent

variables. The success or failure of reforms is likely to depend not just on reform

variables but also the larger institutional environment in which the reforms will be

implemented.

A combination of elements, including formal and informal institutions, and beliefs

about actions and outcomes are responsible for creating an institutional equilibrium.

Institutional change occurs only very slowly and infrequently and requires the existing

institutional equilibrium to be undermined by exogenous or endogenous factors. Reform

efforts thus require a good understanding of the structure and properties of the existing

institutional equilibrium and the manner in which the reforms would interact with them in

the short run and the long run (A. K. Dixit, 2007; A. Dixit, 2009).

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Figure 4.1 - Analytical Framework for Assessment of Electricity Market Reforms

Intermediate and

Associated Outcomes

• T&D loss

• Per Capita Generation

• Average Tariff

Performance

• Electricity Access

• Per Capita Electricity Consumption

Initial conditions

Subsidies/State Revenues

Performance (quality, losses)

Controls

Per capita income

Budget

Level 1: Embeddedness

(Informal institutions, customs)

traditions, norms, religion

Level 2: Institutional Environment

(Formal rules of the game such as

constitutions, laws, property

rights, political institutions)

Level 3: Institutional

Arrangement (governance

structures, contracts, transaction

costs)

Level 4: Resource allocation and

employment

(prices and quantities, incentive

Electricity Sector

Reform Variables

1. PSP in

Generation

2. Establishment of

independent

regulator

3. Unbundling

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Section 3: Methodology

Jamasb et al. (2005) outline three broad the approaches for analyzing the

implementation of electricity market reforms: (i) econometric methods; (ii) efficiency and

productivity analysis methods; and (iii) case studies. Econometric studies are most useful

for testing hypotheses through statistical analysis of reform determinants and

performance. Efficiency and productivity analyses are suitable for measuring the

effectiveness with which inputs are transformed into outputs, relative to best practice.

Finally, single or multi-country case studies are most appropriate when in depth

investigation or qualitative analysis is needed. Since this research is focused on broad

institutional and regulatory reforms rather than systems and processes, it uses the

econometric and case study methods to evaluate the implementation of electricity market

reforms. Case studies are undertaken from a NIE perspective and take the form of

“analytical narratives” to isolate the impact of a theoretical concept in a detailed manner

(Alston, 2008).

Section 3a: Econometric Methods

The econometric approach has been used to draw links between different reform

variables and performance. The econometric model includes market structure (U),

ownership (P), regulation (I), and control variables as independent variables and several

indicators of performance (O) such as electricity access, financial and operational

performance and private sector investment as dependent variables.

(1) Ot = f (Pt, Ut, It, Ct)

where:

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O = Outcome/performance variables (e.g., electricity access, per capita generation

capacity, per capital electricity consumption, average tariff, T&D losses)

P = Private or public ownership (e.g., dummy variable for public vs. private

ownership of distribution, share of private sector electricity generation capacity)

U = Unbundling (e.g., dummy variable for status of unbundling)

I = Independent regulator (e.g., dummy variable on operationalization of

independent regulator)

C = control variables (e.g., GDP per capita, urbanization rate, share of industry in

GDP, political stability etc.)

This methodology represents a new approach for assessing the performance of

electricity market reforms in South Asia. To date, there has been limited empirical work

on South Asia that has included electricity market reform measures in the analysis. As it

is difficult to make assumptions about the explanatory power of the selected independent

variables including various indicators of unbundling and other sector reforms on the

dependent variables, both fixed and random effect model16 will be used. The most

appropriate specification will then be selected using the Hausman and Breusch and Pagan

tests.

16Fixed effects models control for, or partial out, the effects of time-invariant variables with time-invariant

effects. This is true whether the variable is explicitly measured or not. In a random effects model, the

unobserved variables are assumed to be uncorrelated with (or, more strongly, statistically independent of)

all the observed variables.

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The choice of these models is considered appropriate for two reasons. First, these

models are well suited for analyzing electricity sector panel data from a varied sample of

countries and states, particularly by controlling for unobserved heterogeneity. In his

review of different methodological options, Jamasb (2005) identifies fixed effects or

random effects model as an appropriate option for carrying out the econometric analysis

of electricity market reforms. Second, using fixed and random effects will be helpful for

comparing the results of this study with past studies on electricity market reforms carried

out by Vagliasindi (2013) and Nagayama (2010), both of which make use of fixed effect

and random effect models.

Section 3b: Analytical Narratives

Cross country econometric analysis can be useful for addressing well defined

questions associated with reform and can yield generalizable results. However, such an

analysis cannot yield understanding of the complex, multidimensional and often country

specific institutional issues that impact the performance of electricity market reforms in

developing countries. They are not able to provide insights on the implementation

process or the larger economic, political, social, historical context in which the reforms

are implemented and how these influence sector performance.

For this reason, the econometric method has been supplemented with analytical

narratives on electricity sector reform of the Indian state of Gujarat and Nepal. Gujarat

has been selected as one of the top performing countries/states and while Nepal has been

selected as one of the bottom performing countries/states in the study. Gujarat and Nepal

were selected based on the assessment of their performance as well as data availability.

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These analytic narratives are “problem driven, not theory driven" (Arias, 2009)

and seek to find a balance between context specific detail and rigorous analytic

techniques. Towards developing the analytical narrative, a detailed review of the context

and the process of electricity sector reforms in Gujarat and Nepal was carried out based

on review of primary data and documentation on reforms and study of existing

evaluations and assessments of electricity sector reform processes. Selected government

and utility officials and electricity sector experts were interviewed to obtain information

about the implementation of reforms in Gujarat and Nepal (see Appendix I for list of

interview questions).

This review isolates the relevant strategic elements in the reform process: the key

actors, their goals, and their behavior. These elements have been formalized in a model,

which specifies the choices, constraints and tradeoffs the actors face in the reform

process. Four propositions predicted by the theoretical analysis are then assessed using a

narrative analysis.

The analytical narratives are undertaken from a NIE perspective and assess the

unobservable elements of institutions on the performance electricity markets reforms in

the selected countries. The effort is to improve the understanding of the institutional

context in which electricity market reforms were implemented and come up with reasons

for the differences in electricity sector performance (Box 4.1 summarizes the analytical

narrative approach to institutional analysis).

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109

Box 4.1 - Analytical Narratives

Section 3c: Data Collection

A panel data set with the following: (i) reform milestones (date of introduction of

IPPs, date of unbundling of the utility, date of establishment of the independent regulator,

privatization of distribution); (ii) electricity sector performance indicators (electricity

access, per capita generation capacity, per capital electricity consumption, T&D losses,

average tariff); and (iii) socio-economic control variables (GDP per capita, urbanization

rate, share of industry in GDP, political stability) have been collected for India’s 26 states

and Pakistan, Bangladesh, Nepal and Sri Lanka for the 1990-2010 period from different

sources such as the World Bank’s World Development Indicators, annual reports of

utilities, and websites of government ministries and utilities.

The construction of an analytic narrative proceeds, roughly, as follows. First, the scholar acquires in-depth knowledge about the historical phenomenon of interest; that is, a detailed account of the context and the historical process, based on studying the past through primary sources or reading the already existing historical accounts. These elements can then be formalized in a theoretical model. The theory highlights the issues to be explored and the general considerations and evidence that need to be examined, while the knowledge of the historical context is used to develop a conjecture regarding the relevant institution. A successful explanation requires a well confirmed causal claim about why and how a certain outcome obtained - this can be done even if mostly the narrative rather than the model accounts for the explanation. However, the explanation that the model points to should survive competition with other explanations. Source: Arias 2009

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• Data on Reform Milestones

Data on the reform milestones for the 26 Indian states were collected from the

websites of the State Electricity Regulatory Commission of the states. The websites of all

the State Electricity Regulatory Commissions can be accessed from the website of the

India’s Central Electricity Regulatory Commission

(http://www.cercind.gov.in/serc.html). The data on reform milestones for Bangladesh,

Nepal and Pakistan were collected from the websites of Bangladesh Electricity

Regulatory Commission (http://www.berc.org.bd), NEA (www.nea.org.np) and WAPDA

(http://www.wapda.gov.pk/) respectively. To improve reliability, this data was

triangulated with data from independent agencies such as the World Bank and the Asian

Development Bank (ADB). In particular, World Bank’s India Power Sector Review

database and ADB project documents, which contain detailed information on the reform

milestones, were used for this purpose.

• Data on Electricity Sector Performance Indicators

Data on electricity sector performance indicators were collected from the

following sources:

i) Access – The data on electricity access rates for the 26 states of India,

Pakistan, Bangladesh, Nepal and Sri Lanka are from household surveys (see

Table 4.1). The data portal, www. Indiastat.com, compiles data on electricity

access rates from household surveys for each of the 26 states of India. Data on

electricity access rate from Household Surveys of Pakistan, Bangladesh,

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Nepal and Sri Lanka are from the World Bank’s Development Data portal

(data.worldbank.org).

ii) Per Capita Generation Capacity – Data on the electricity generation capacity

for the 26 states in India were collected from the Annual Reports of the

Ministry of Power and data on population were collected from

www.Indiastat.com. Data on electricity generation capacity for Pakistan

Bangladesh, Nepal and Sri Lanka were collected from the website of Energy

Information Agency (www.eia.gov) and data on population from the World

Bank’s Development Data portal (data.worldbank.org).

iii) T&D losses and electricity tariff – Data on T&D losses and average

electricity tariff for the 26 Indian states are from statistical portal

indiastat.com, Annual Reports of the Planning Commission on the State

Power Utilities and Electricity Departments (2002, 2012), and the annual

reports of Central Electricity Regulatory Commission

(http://www.cercind.gov.in/annual_report.html). For Pakistan, Bangladesh,

Nepal and Sri Lanka, data were collected from World Bank’s Development

Data portal (data.worldbank.org) and the annual reports of the utilities in these

countries (http://www.powerdivision.gov.bd/, http://www.nea.org.np/,

http://www.wapda.gov.pk/). To improve reliability, this data was triangulated

with data in the project documents of the World Bank and the ADB.

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• Data on Socio-economic Control Variables

Data on socio-economic control variables such as GDP per capita, share of

industry in GDP, and the urbanization rate for the 26 Indian states are from the statistical

portal indiastat.com and the website of Indian Planning Commission

(planningcommission.nic.in). For the rest of the countries, the data was collected from

World Bank’s World Development Indicators portal (data.worldbank.org/data-

catalog/world development indicators).

• Data for Analytical Narratives

For Gujarat and Nepal - the two places selected for further exploration through

analytical narratives - the panel dataset was supplemented with (i) original data and

documentation on reforms from government and utility websites; (ii) archival news

reports on the electricity sector; and (iii) existing evaluations/assessments of the

electricity market reforms carried out by the government, agencies such as the World

Bank and others. Selected officials from the government ministries, utilities, and national

and international electricity sector experts were also contacted to obtain information

about the implementation of reforms in Gujarat and Nepal (see Appendix I for list of

interview questions).

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Table 4-1 - Data Sources

Data Source

Data on Socio-economic control variables

for Pakistan, Bangladesh, Sri Lanka and

Nepal

World Development Indicators

Data on Socio-economic control variables

for 26 Indian States

Data from Indian Planning Commission

accessed at Indiastat.com

Data on Different Reform Milestones for

all states and countries Website of ministries and utilities

Data on Different Electricity Sector

Performance Indicators for all states and

countries

World Development Indicators,

International Energy Agency, Website of

ministries and utilities,

Table 4-2 - Subject States and Countries of this Study

Subject Countries and States

Bangladesh Haryana Mizoram Madhya Pradesh and

Chhattisgarh

Pakistan Delhi Tripura Gujarat

Nepal Rajasthan Meghalaya Maharashtra

Sri Lanka Uttar Pradesh and

Uttaranchal Assam Andhra Pradesh

India Bihar and Jharkhand West Bengal Karnataka

Jammu Kashmir Arunachal Orissa Goa

Himachal Nagaland Manipur Kerala

Punjab

Tamil Nadu

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Section 4: Limitations

In conducting the research, I identified key limitations of the study and developed

a strategy to ensure validity and reliability of the study findings. At the outset,

measurement validity, reliability, internal validity and external validity were identified as

the most important challenges faced by the study. Appendix B provides a brief overview

of these challenges and the strategies used to address them.

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Chapter 5 - Econometric Analysis

Section 1: Introduction

As discussed in previous chapters, South Asian countries launched wide ranging

reforms in the electricity sector in the 1990’s in response to the poor performance of state

led vertically integrated electricity systems. These reforms were based on the recognition

that the traditional model of governance under state ownership was not sustainable and

that a private sector led commercial approach was necessary. There was an expectation

that commercially oriented governance by removing the management and development of

electricity supply from political and bureaucratic control would help achieve

improvements in sector performance (J. E. Besant-Jones, 2006). Towards this, the reform

roadmap comprised of greater private sector participation in generation, introduction of

independent regulators, unbundling of utilities, and privatization of distribution

companies and establishment of a wholesale electricity market.

The implementation of reforms and their performance in South Asia has been

slow and uneven. While progress has been achieved in opening the generation segment to

the private sector, unbundling, and establishing independent regulators, only a few states

and countries have introduced private sector participation and competition in distribution.

The distribution segment is making heavy financial losses, undermining the financial

sustainability of the sector.

The variation in timing and extent of reforms provides an opportunity to test the

relationship between reforms and sector performance using econometric methods. From a

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116

policy perspective, one can examine whether the introduction of private sector

participation in generation and distribution leads to real improvements in electricity

availability, efficiency and cost recovery. Similarly, one can assess the impact of

unbundling on electricity sector performance.

This chapter uses access to electricity, per capita electricity consumption, per

capita generation capacity, T&D losses and average tariff to measure the performance of

electricity market reforms. The analysis in the chapter aims to determine the extent of the

correlation between reform measures and performance indicators.

Section 2: Data and Model

Section 2a: Explanation of Data

The econometric analysis uses panel data for 26 states in India and four countries

– Bangladesh, Nepal, Pakistan and Sri Lanka over 1990-2010. Since the dataset covers 30

states/countries for 20 years, the total number of maximum observations is 600. The

dependent variables used for the econometric analysis are the five indicators of electricity

sector performance listed in Table 5-1 – electricity access, per capita electricity

consumption, per capita electricity generation capacity, T&D losses, and average tariff.

These indicators have been chosen from among the set of core indicators identified by

Jamasb et al (2005) to measure electricity sector performance. The statistical summary of

the key dependent, independent and control variables is provided in Table 5.4.

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Table 5-1 - Selected Power Sector Performance Indicators

Variables Definition Electricity Access (% of population) Number of residential electricity

connections divided by the total population. This indicator provides a measure of the state or country’s performance in connecting a higher share of the population to electricity. In the majority of the cases, this means providing electricity connections to people in rural areas since urban areas generally have universal connections.

Per Capita Electricity Consumption (Kwh per year)

Annual production of power plants and combined heat and power plants less transmission, distribution, and transformation losses and own use by heat and power plants divided by the total population. This indicator provides a measure of the state or country’s performance in increasing electricity consumption, which has been established to be positively associated with social and economic welfare.

Per Capita Generation Capacity (MW) Total installed electricity capacity divided by total population. This indicator provides a measure of a country or states success in building new infrastructure in the electricity sector. This indicator is often but not always closely linked to per capita electricity consumption.

T&D Losses (%) Losses in transmission between sources of supply and points of distribution and in the distribution to consumers, including pilferage. This is a measure of the technical and commercial efficiency of the sector in a state or country. Losses incurred through theft or due to collusion between consumers and utility officials are shown through this indicator.

Average Tariff Rate Total revenue divided by amount of electricity sold. This provides a measure of the price consumers are paying for electricity in a country. A lower average tariff rate is not always a positive indicator, particularly if lower tariffs are leading to

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118

lower investments and poor service quality in the sector.

The explanatory variables are presented in Table 5-2 and Table 5-3. Table 5-2

lists the electricity sector reform measures - private sector participation in generation,

vertical unbundling of utilities, introduction of an independent regulator, and

privatization of distribution. Table 5-3 lists the control variables including GDP per

capita, share of industry in GDP, urbanization rate, and political stability.

Table 5-2 - List of Explanatory Electricity Market Reform Variables

Variables Definition Vertical Unbundling Indicator which equals 1 from the year in

which a vertically integrated utility is separated into generation, transmission, and distribution companies and 0 otherwise.

Share of Private Sector Participation Private sector installed generation capacity (MW) in a state or country divided by the total generation capacity (MW) in the state or country.

Introduction of an Independent Regulator Indicator which equals 1 from the year of the establishment of independent regulatory agency and 0 otherwise.

Privatization of Distribution Indicator which equals 1 from the year of privatization of the distribution utility and 0 otherwise.

Table 5-3 - List of Other Explanatory Variables

Variables Definition GDP Per Capita GDP of the state or country divided by the

total population. Industry Share of GDP Industrial GDP divided by the total GDP. Urbanization Rate Urban population divided by the total

population. Political Stability Indicator which equals 1 if the head of

government in office lasted the full term and 0 otherwise.

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119

As mentioned in the previous chapter, the information on the dates of the

introduction of reform measures was extracted from the websites of the government

ministries and/or electricity utilities of each of the states and countries. For Indian states,

the remaining data, including the dependent variables and control variables were

compiled from the statistics portal Indiastat.com. For the four countries, the remaining

data was compiled from the World Bank’s online World Development Indicators

database.

Error! Reference source not found. shows, beginning in 1990, the year of

introduction of each of the electricity reform measures for the 26 states and four

countries. The introduction of IPP for all countries and states occurred in the early to

mid-1990s. However, only about half of the states and countries have unbundled their

power systems and only two thirds of the countries and states have introduced regulatory

agencies. Only two Indian states – Orissa and Delhi – have privatized electricity

distribution17. None of the states or countries has established a competitive electricity

market.

17 Only companies that have divested majority of their shares are considered to have been privatized.

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120

Table 5-4 - Statistical summary of key variables

Table 5-5 - Timeline of reforms in South Asia

Year IPP Entry Unbundling Independent

Regulatory

Commission

Privatization of

Distribution

1990

1991 All Indian States

1992

1993 Nepal

1994 Pakistan

1995

1996 Bangladesh, Sri

Lanka

Bangladesh, Orissa Orissa

1997

1998 Haryana, Pakistan Gujarat, Haryana, MP,

UP,

Orissa

1999 Andhra Pradesh,

Karnataka,

AP, Delhi, Karnataka,

Maharashtra, Punjab,

Orissa 2000 Rajasthan, UP Rajasthan

2001 Assam

Himachal Pradesh

2002 Delhi Chhattisgarh

Kerala

Delhi

Delhi 2003 Jharkhand

2004 Assam, Uttarakhand Meghalaya

Tripura

Variable Mean Max Min stdev Mean' Max' Min' stdev'

Electricity Access 50% 87% 13% 0.20 82% 99% 25% 0.19

Transmission and Distribution

Loss 23% 48% 12% 0.06 29% 63% 10% 0.11

Per Capital Electricity

Consumption 224 704 37 157.80 781 2264 93 500

Average Tariff 3.5 5.4 1.6 0.81 7.4 11.5 3.5 1.5

Per capita generation capacity 51.2 150.3 5.0 31.9 135.6 325.5 5.7 82.0

Private sector installed

capacity 161 2730 0 537 1892 28009 0 4742

GDP per capita 261 562 324 284.14 764 2,603 321 710

Urbanization 25% 90% 9% 0.15 31% 97% 0.10 0.17

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121

2005 Gujarat, MP,

Maharashtra

Bihar

Manipur

2006

2007 West Bengal

2008 Goa

Nagaland

2009 Chhattisgarh Sri Lanka

2010 HP, Meghalaya, Punjab,

Tamil Nadu

JK

Source: Compiled from government sources by the author

Section 2b: Difference in Sample Means18

To get an initial indication of the relationship between reforms and performance

variables, the difference in means of the performance indicators of states/countries that

are strong reformers are compared with countries and states that are weak reformers (see

Appendix K for the classification of states and countries into different reform and

governance categories). The significance of differences between two sample means is

assessed using the t-statistic. A similar comparison is carried out for countries and states

with stronger governance and those with weaker governance. To examine the relationship

between governance and reforms, the difference in means of performance indicators of

strong reformers is compared with those of weak reformers for both strong and weak

governance countries and states.

• Unbundling

18 See Annex B for scatter plots and trend lines of different performance indicators against GDP per capita

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Vertical unbundling is positively and significantly associated with per capita

electricity consumption and negatively and significantly associated T&D loss. This

suggests that unbundling is associated with improved sector performance on these

measures. The remaining performance indicators (electricity access, per capita electricity

generation and average electricity tariff) are positively associated with unbundling but the

difference in means is not statistically significant.

Figure 5.1- Performance and Unbundling

Variable

Vertical

Unbundling

(Mean)

Vertical

Integration

(Mean) P value

Electricity Access (%) 79% 77% 0.75

Per Capita Generation

(Kw) 0.15 0.13 0.40

Per Capital Electricity

Consumption (Kwh) 911 577 0.07

T&D Loss (%) 25% 35% 0.02

Average Tariff (US$

Cents) 4.96 4.66 0.36

Number 18 12

• Independent Regulation

Early adoption of independent regulation is significantly associated with a

reduction in T&D loss compared to late adoption of independent regulation19. The

difference in means tests of all the other performance indicators of early and late adopters

of regulation are not significant.

19 For the purposes of this analysis, early adopters of regulation are states and countries that established

independent regulatory agencies before 2000 while late adopters of regulations are states and countries that

established independent regulatory agencies after 2000.

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123

Figure 5.2 - Performance and Independent Regulation

Variable

Early adopters

of Independent

Regulation

(Mean)

Late adopters

of

Independent

Regulation

(Mean) P Value

Electricity Access (%) 80% 80% 0.99

Per Capita Generation

(Kw) 0.17 0.14 0.44

Per Capital Electricity

Consumption (Kwh) 959 765 0.33

T&D Loss (%) 26% 31% 0.02

Average Tariff (US$

Cents) 5.02 5.01 0.97

Number 13 17

• Private Sector Participation20

An above average level of private sector participation in the electricity sector is

associated with better performance in all the five measures of performance. However,

difference in means between above average private sector participation and below

average private sector participation is only statistically significant for per capita

generation and T&D loss.

Figure 5.3 - Performance and Private Sector Participation

Variable

Above Average

Private Sector

Participation

(Mean)

Below

Average

Private Sector

Participation

(Mean) P Value

20 For the purposes of this analysis, state and countries were divided into two groups - above average and

below average level of private sector participation - based on the share of private sector installed generation

capacity in total generation capacity of that state or country.

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124

Electricity Access (%) 82.7% 74.5% 0.72

Per Capita Generation

(Kw) 0.19 0.13 0.09

Per Capital Electricity

Consumption (Kwh) 955 626 0.16

T&D Loss (%) 24% 34% 0.02

Average Tariff (US$

Cents) 4.7 5.0 0.65

N 15 15

• Governance21

Stronger rule of law and governance is associated with better performance on four

performance indicators – electricity access, per capita generation, per capita electricity

consumption and T&D loss. This difference in means for average tariff is not statistically

significant.

Figure 5.4 - Governance and Performance

Variable

Strong

Governance

(Mean)

Weak

Governance

(Mean) P Value

Electricity Access (%) 88.0% 75.5% 0.06

21 States and countries are ranked based on scores on from two governance indices (i) Economic Freedom

of the States of India and (ii) World Economic Forum’s Global Competitiveness Opinion Survey. The

former is used to divide Indian states into two equally sized groups – strong governance and weak

governance. Scores from the latter are used to rank Nepal, Pakistan, Bangladesh, and Sri Lanka. Countries

(Nepal, Pakistan, Bangladesh) that score lower than India on World Economic Forum’s Global

Competitiveness Opinion Survey ranking are included in list countries/states with weak governance and

vice versa.

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125

Per Capita Generation

(Kw) 0.20 0.12 0.05

Per Capital Electricity

Consumption (Kwh) 1082.92 573.1 0.01

T&D Loss (%) 23% 32% 0.02

Average Tariff (US$

Cents) 5.1 4.7 0.23

N 13 17

• Governance and Reforms

To examine the relationship between extent of electricity markets reforms and the

quality of governance, the mean of performance indicators of countries and states that

were strong overall electricity market reformers22 are compared with countries and states

that were weak overall electricity market reformers for countries and states with strong

governance and weak governance.

a) Strong Governance

Among countries and states with strong governance, the mean of four out of five

indicators indicates better performance for strong reformers compared to weak reformer.

However, in the three out of these four cases, the difference in means is modest and the

differences are not statistically significant. A statistically significant difference in

performance is only seen in the case of T&D Loss.

22 Countries and states are divided into strong and weak reformers based on the status of implementation of

reforms. In particular (i) unbundling (ii) early or late adoption of regulation; and (iii) above average or

below average of level of private sector participation in generation. Countries and states have to be in the

above average group in at least two of the three reform areas to be categorized as strong reformers. The rest

are categorized as weak reformers.

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Figure 5.5 - Reforms and Performance (Strong Governance)

Variable

Strong

Reformers

(Mean)

Weak Reformers

(Mean) P Values

Electricity Access (%) 87.5% 89.7% 0.81

Per Capita Generation

(Kw) 0.22 0.17 0.43

Per Capital Electricity

Consumption (Kwh) 1083.99 1079.4 0.99

T&D Loss (%) 23% 32% 0.02

Average Tariff (US$

Cents) 5.1 5.3 0.64

b) Weak Governance

A similar difference in performance is observed among countries and states with

weak governance. The mean of four out of five performance indicators indicates better

performance for strong reformers compared to weak reformer. However, in three out of

four cases, the difference in mean is modest and the differences are not statistically

significant. A statistically significant difference in performance is again only seen in the

case of T&D Loss.

Figure 5.6 - Reforms and Performance (Weak Governance)

Variable

Strong

Reformers

(Mean)

Weak Reformers

(Mean) P Value

Electricity Access (%) 74.3% 76.2% 0.85

Per Capita Generation

(Kw) 785.8 466.7 0.16

Per Capital Electricity

Consumption (Kwh) 0.17 0.10 0.17

T&D Loss (%) 18% 39% 0.00

Average Tariff (US$

Cents) 4.3 4.9 0.51

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Section 2c: The Model

The econometric model consists of market structure (U), ownership (O),

regulation, (I) and control variables as independent variables and five indicators of

performance (P) - electricity access, per capita electricity consumption, per capita

generation capacity, T&D losses and average tariff as dependent variables. Political and

institutional factors are also included as determinants of differences in performance.

Countries with higher degree of political stability can expect to see better performance (S.

C. Bhattacharyya, 2007c). A further independent variable was therefore added to reflect a

country’s political stability. The resulting equation being estimated for each country/state

i and year t is:

Yit= B1X1it + B2X2it+ B3X3it+ B4X4it+ ∑ZXit+eit

where,

Yit = access to electricity, per capita electricity consumption, per capita electricity

generation capacity, T&D losses and average tariff.

X1it = share of private sector participation in generation.

X2it = dummy indicating whether or not vertically integrated utilities have been

unbundled.

X3it = dummy indicating whether or not independent regulatory commission has

been operationalized through issuance of tariff orders.

X4it = dummy for whether or not distribution has been privatized.

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Zit = set of control variables, including er capita GDP, industry as share of GDP,

and urbanization and political stability.

eit = γi +εit denote country fixed effects and error terms, respectively for the fixed

effect model.

eit = θit+ εit denote the random effects and error terms, respectively for the

random effect model.

This methodology represents a new approach for assessing the performance of

electricity market reforms in South Asia. To date, there has been limited econometric

analysis on South Asia that has included electricity market reform measures in the

analysis. Past efforts to study the relationship between reforms and performance in South

Asia have been based on only a few of the states and countries. Vagliasindi (2013) and

Nagayama (2010), for instance, cover only 3 out of the 30 states and countries covered in

this study. Vagliasindi (2013) has three Indian states – Gujarat, Maharashtra and Andhra

Pradesh – in her sample of 22 countries and states. Nagayama (2010) covers Bangladesh,

Pakistan and India. Nagayama presents India as a single unit, which is an inaccurate

representation since each of the Indian states has its own policies and programs in the

electricity sector.

As it is difficult to make assumptions about the explanatory power of the selected

independent variables including unbundling and other sector reforms on the dependent

variables, both fixed and random effect model are used. Past efforts to study the

relationship between reforms and performance in South Asia have either been based on

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129

only a few of the states and countries or have not covered reforms and performance at the

state level in India23.

A fixed effects model treats explanatory variables as nonrandom and as fixed

parameters to be estimated. This is in contrast to random effects models in which

explanatory variables are treated as if they arise from random causes. The assumptions of

the random effect model are much stronger, and if they are satisfied, both the fixed and

random effect models are consistent, but the random effect model is more efficient.

Alternatively, when only the assumptions of the fixed effect model are satisfied, the

random effect model is inconsistent.

The most appropriate specification is selected using the Hausman test. If the

Hausman test fails to reject the null hypothesis for the validity of the random effect over

fixed effect, the Breusch-Pagan Lagrange Multiplier test is used to test the random effect

model against a simple pooled Ordinary Least Squares (see Appendix D for more

information on fixed effect and random effect models).

The choice of these models is considered appropriate for two reasons. First, these

models are well suited for analyzing electricity sector panel data from a varied sample of

countries and states, as they can assist in controlling for unobserved heterogeneity. In

their review of different methodological options for carrying out the econometric analysis

23 Vagliasindi (2013) has three Indian states – Gujarat, Maharashtra and Andhra Pradesh – in her sample of

22 countries and states while Nagayama (2010) study covers Bangladesh, Pakistan and India but does not

include Nepal or any of the Indian states

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130

of electricity market reforms, Jamasb et al (2005) identify fixed effects and random

effects models as being among the best options. Second, using fixed and random effects

is helpful for comparing the results of this study with past studies on electricity market

reforms carried out by others such as Vagliasindi (2013) and Nagayama (2008), both of

which make use of fixed effect and random effect models.

A possible concern for identification is that reform may be endogenous. In

particular, there may be unobservable state/country level factors that impact performance

in the electricity sector and also drive reform. Reverse causality is also a potential

concern as electricity sector performance may impact timing of reform. For example, the

government may privatize very poorly performing utilities first, since they are keen to

dispose of them, while better performing utilities may be sold off more slowly.

Another potential concern is the inclusion of different units of analysis (i.e. states

and countries) which could be a problem if the relationships between reforms and

outcomes are not similar in states and countries.

This study addresses these problems to some extent by including country and year

fixed effects. The country fixed effects control for country specific propensities to reform

that are time-invariant. For example institutional quality of a state in so far as it is time-

invariant, is controlled for by country fixed effects, and will not bias our results.

Similarly, year fixed effects control for any general trend in the reform of electricity

sector. The potential impact, if any, of having different units of analysis is also lessened

by fixed effects.

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One strategy for dealing with endogeneity is to use instrumental variables

estimation. Instrumental variable estimation uses as "instruments" variables thought to

have no direct association with the outcome. However, appropriate instrumental variables

that are strongly correlated with electricity market reform variables (but not sector

performance variables) are difficult to find in South Asia24. Since the use of weak

instrumental variables can lead to estimates that are inconsistent and have large standard

errors, instrumental variables were not used to address endogeneity in this study (see

Appendix J for detailed analysis of the issues associated with the selection of

instrumental variables in this study, including list of instrumental variables that were

considered but ruled out in this study).

Section 2d: Expected Signs

The expected direction of signs of the impact of reform policy variables on

performance indicators are as follows:

• Private sector participation in generation

Private sector participation in generation can be expected to raise economic

efficiency by (1) changing the allocation of property rights to ensure better alignment of

incentives; (2) removing dependence on taxpayer support and exposing enterprises to the

disciplines of the private market; and (3) removing political interference and capture by

24 The availability of appropriate instrumental variables for electricity sector reform variable is widely

recognized to be critical constraint in the econometric literature on electricity sector reforms. For more

details, please refer to Jamasb (2005).

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132

special interest groups. The increase in share of private sector participation in generation

is expected to increase investments in the power sector and thus have a positive impact

on both per capita generation capacity and electricity consumption. The impact on

electricity access is likely to depend on whether the additional capacity is utilized only

for meeting the growing needs of existing consumers or to electrify places without

electricity. Since a commitment to cost recovery often comes along with private sector

participation in generation, the average tariff for electricity can be expected to go up.

There is unlikely to be a direct relationship between greater private sector participation in

generation and T&D losses.

• Unbundling of vertically integrated utilities

Coase and Williamson among others have shown that the gains from unbundling

the utility by separating the generation, T&D components are worthwhile when they

exceed the costs of transactions among the separated segments. Even when such gains are

not likely, unbundling of accounts, staff, and management among the main functions

helps regulation of the electricity sector by revealing information about the costs of

different segments, increasing the transparency of price setting, and helping benchmark

costs and service standards (J. E. Besant-Jones, 2006). In South Asia, unbundling has

largely only involved organizational unbundling of utilities with no change in ownership

of the unbundled utilities. There has also generally been no change in the level of

competition in the electricity market as a result of the unbundling. In this context, the

benefits from unbundling and corporatization can be expected to be limited.

• Establishment of an independent regulatory commission

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Electricity generation is characterized by long term sunk investments, which is

why an effective regulatory system is crucial for both investor confidence and consumer

protection. The primary purpose of a well-designed regulatory system is to protect

consumers from monopoly abuse, while providing investors with protection from

expropriation and incentives to promote efficient operation and investment (Y. Zhang et

al., 2005). Operationalization of an independent regulatory commission is likely to reduce

government interference in the functioning of the sector, enabling sector participants to

charge tariffs that are reflective of costs. This is likely to give them an incentive to make

more investments into the sector and hence have a positive impact on the performance

indicators (i.e. increase in access and total generation and reduction in T&D losses). Like

with greater private sector participation in generation, average tariffs can be expected to

go up with the establishment of an independent regulatory agency.

• Privatization of Distribution Companies

Privatization of distribution companies is generally undertaken to attract private

investment and management expertise in the distribution segment of the electricity and as

part of efforts to introduce competition in the electricity. Privatization of distribution also

generally reaffirms the government’s decision to operate the electricity sector according

to commercial principles underpinned by cost-reflective tariffs. South Asian countries

and states have had limited success in increasing private sector participation in

distribution; only Delhi and Orissa in India have completed privatization of distribution

utilities so far. Privatization is expected to yield net welfare benefits to power consumers

in particular and society in general, while private service providers are expected to earn a

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134

competitive financial return for their investment risks. In general, privatization of

distribution is can be expected to have a positive impact on performance indicators

except average tariff, which can be expected to increase.

• Political Stability

Political stability in the reforming countries and states is likely to be helpful in

sustaining political commitment to reforms in the face of considerable political risks.

Reforms are likely to have significant short term costs and often uncertain long term

benefits. Countries that have stability of key rule makers are likely to have greater chance

of succeeding at reforms than countries and states with significant turnover of key

decision makers (S. C. Bhattacharyya, 2007c).

Likewise, political stability is more supportive of a co-operative outcome between

governments and private sector players. In absence of strong formal institutions and

mechanisms, the folk theorem suggests that informal and relational arrangements

between the government and investors can help achieve cooperation (A. K. Dixit, 2007).

The insight is based on the idea that when agents interact only once, they have an

incentive to deviate from cooperation. But in a repeated interaction over a sufficiently

long horizon, players can sustain a mutually beneficial outcome. Hence political stability

is likely to be positively associated with performance indicators.

Table 5-6 - Summary of expected signs of relationship between reforms and

performance

Per Capita

Access to

Electricity (%)

Per Capital

Electricity

T&D Losses

(%)

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135

Generation

Capacity

(Kw)

Consumption

(KwH)

Average Tariff

(US $ cents)

Share of

Private

Sector

Participation

in Generation

NA

Unbundling of

Utilities

NA NA NA NA NA

Independent

Regulatory

Commission

Privatization

of

Distribution

Section 3: Results

The results of the fixed effects and random effects regression analysis are

presented in

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136

7 and Error! Reference source not found.8, respectively25. The results of the

Hausman and Breusch and Pagan Lagrange Multiplier Tests indicate that the fixed effects

model is an appropriate specification for all performance indicators except electricity

access, where the random effect specification is preferable (Table 5.9). The direction of

the statistically significant relationships between reform variables and performance

indicators is given in Table 5.10. Results estimated for Indian states only are very close to

the results of the overall sample, indicating that the relationships between reforms and

outcomes is similar for states and countries (see Appendix F).

• Access to Electricity

There is positive and a statistically significant relationship between electricity

access and private sector participation in generation, unbundling and independent

regulation. Private sector participation in generation, unbundling, and independent

regulatory agency are associated with 3.6%, 4.0% and 5.4% increase electricity access,

respectively, which suggests a highly consequential relationship between reforms and

electricity access. This also means that reform measures are not only translating into

greater investment and supply but also providing the impetus for connecting more people

to electricity. This is consistent with the findings of Vagliasindi (2013) who also finds

access to be positively related with these reform measures.

• Per capita Generation Capacity

25 Detailed results are in Appendix E. Results by the income and system size of states and countries are

given in Appendix G.

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There is positive and a statistically significant relationship between per capita

generation capacity and private sector participation in generation, privatization of

distribution, and share of industry in GDP. These variables are associated with increases

of 0.21, 0.06, 0.16 KW of per capita generation capacity, respectively for a unit increase

in their values. It is not surprising that private sector participation in generation has

significantly higher impact on per capita generation capacity than privatization of

distribution since greater private sector participation in generation is likely to lead to

higher levels investments in generation capacity in the sector. Pre-reform, countries and

states in South Asia were finding it difficult to make adequate investments in electricity

generation capacity from government resources.

These results show that reforms that allow greater private sector participation in

generation have been successful in increasing investment. Furthermore, the increase in

private investment has more than compensated for the draw back in government

investment in the electricity sector. The positive relationship between per capita

generation capacity and GDP per capita and share of industry in GDP confirms the

hypothesis that countries require more electricity per capita as they industrialize and their

income levels rise.

• Per capita Electricity Consumption

Further confirmation of the effect of reforms on the availability of electricity is

seen in the relationship between reform variables and per capita electricity consumption.

There is positive and a statistically significant relationship between per capita electricity

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138

consumption and private sector participation in generation, unbundling, and share of

industry in the GDP. These reform variables increase per capita electricity consumption

by 922, 107, 655 kwh/year, respectively for a unit increase in their values.

These results indicate that reforms are not only associated with a higher

investment in generation capacity but that they are also leading to an increase in per

capita electricity consumption. The link between generation capacity and electricity

consumption may seem obvious but this is not always the case. Increases in installed

generation capacity do not translate into increases in per capita electricity consumption if

the sector is inefficiently run with very low capacity factors or if the utility is unable to

offload electricity from private generators due to financial difficulties.

• T&D Losses

There is negative and a statistically significant relationship between T&D losses

and unbundling and privatization of distribution. These variables are associated with a

7.8% and 15%, decline in T&D losses, respectively. These findings suggest that

privatization of distribution can have a significant impact on technical and commercial

efficiency improvements in the electricity sector.

The results are consistent with the profit motive of private distributors; the more

T&D losses they can reduce, the greater their profit margin. By contrast, under

government ownership, distribution utilities may be driven by personal or political

motives and may not have as much incentive to crack down on electricity theft, which

causes T&D losses to be high.

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139

The relationship between T&D losses and independent regulation is not

statistically significant. Independent regulatory agencies are for the most part expected to

push utilities to make improvements in T&D losses. However, the results show that such

a relationship cannot be established.

• Average tariff

Average tariff has positive and a statistically significant relationship with private

sector share of generation capacity, independent regulation, and unbundling and negative

and statistically significant relationship with privatization of distribution. The former

group of variables is associated with a US$ 2.6, 0.9, and 1.2 cent increase in average

tariff, respectively for a unit increase in their values. This represents a significant price

premium for consumers living in reform oriented states. It is likely that the increases in

average tariff in reforming states will be balanced by improvements in availability of

electricity. Privatization of distribution is associated with a US$0.9 cent decline in

average tariff.

Since ensuring cost recovery is often one of the main motives of electricity sector

reforms, it is not surprising to see a positive relationship between reform variables and

average tariff. The negative relationship between average tariff and privatization of

distribution suggests that efficiency improvements can help neutralize the upward

pressure on average tariff as a result of the application of cost recovery principles.

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140

Table 5-7 - Regression Results (Fixed Effects)

VARIABLES

Per Capita Generation Capacity

Access to

Electricity (%)

Per Capita Electricity

Consumption

T&D Losses

(%) Average

Tariff

Unbundling 0.004 0.041*** 107.040*** -0.078*** 1.199***

[0.006] [0.010] [20.271] [0.024] [0.239] Share of Private Sector Generation 0.219*** 0.355*** 921.701*** -0.057 2.600***

[0.027] [0.045] [80.085] [0.102] [0.989]

Privatization of Distribution 0.059*** 0.031 48.805 -0.150*** -0.939*

[0.014] [0.022] [47.517] [0.042] [0.554]

Regulatory Commission 0.005 0.051*** -8.237 0.022 0.867***

[0.005] [0.008] [18.317] [0.023] [0.204] Share of Industry in GDP 0.162*** 0.404*** 655.913*** 0.161 12.873***

[0.043] [0.068] [142.052] [0.147] [1.803] Per Capita GDP 0.000*** -0.000*** 0.850*** 0.000*** 0.002***

[0.000] [0.000] [0.035] [0.000] [0.000] Political Stability -0.003 -0.003 21.817 0.018 -0.021

[0.005] [0.008] [16.245] [0.019] [0.199] Urbanization Rate -0.004 1.335*** -10.254 -0.324 -0.162

[0.004] [0.150] [10.511] [0.302] [0.126]

Constant -0.032*** 0.190*** -320.933*** 0.286*** 0.210

[0.010] [0.037] [33.349] [0.077] [0.415]

Observations 514 495 358 232 347

R-squared 0.480 0.636 0.841 0.194 0.546

Number of state_country1 30 30 30 28 30 Standard errors in brackets

*** p<0.01, ** p<0.05, * p<0.1

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141

Table 5-8 - Regression Results (Random Effects)

VARIABLES

Per capita Generation Capacity

(Kw)

Access to

Electricity (%)

Per capita Electricity

Consumption (Kwh)

T&D Losses

(%)

Average tariff

(US $ Cents)

Unbundling 0.003 0.040*** 106.078*** -

0.076*** 0.923***

[0.006] [0.010] [21.022] [0.023] [0.241] Private Sector Share of Generation 0.198*** 0.360*** 858.542*** -0.113 2.215**

[0.026] [0.046] [82.149] [0.092] [0.946] Privatization of distribution 0.054*** 0.024 60.488

-0.137*** -0.297

[0.014] [0.022] [49.002] [0.041] [0.542]

Regulatory Commission 0.008 0.054*** 2.727 0.031 1.049***

[0.005] [0.008] [18.844] [0.021] [0.207] Share of Industry in GDP 0.164*** 0.420*** 708.399*** 0.049 6.801***

[0.041] [0.068] [141.996] [0.130] [1.548]

Per capita GDP 0.000*** -0.000*** 0.824*** 0.000* 0.002***

[0.000] [0.000] [0.035] [0.000] [0.000]

Political Stability -0.001 -0.003 22.482 0.021 0.035

[0.005] [0.008] [16.673] [0.018] [0.194]

Urbanization Rate -0.004 1.119*** -9.753 -0.081 -0.186

[0.004] [0.128] [10.990] [0.115] [0.134]

Constant -0.028** 0.236*** -276.181*** 0.271*** 1.600***

[0.011] [0.047] [44.194] [0.045] [0.389]

Observations 514 495 358 232 347

Number of state_country1 30 30 30 28 30 Standard errors in brackets *** p<0.01, ** p<0.05, * p<0.1

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Table 5-9 - Fixed and Random Effects Tests

Per Capita

Generation

Access Per Capita

Electricity

Consumption

T&D Loss Average

Tariff

HAUSMAN TEST FOR FIXED EFFECT

Hausman

Test

24.08*** 2.58 245.72*** 17.2*** 310.98***

PREFERRED SPECIFICATION

Fixed

Effect

X X X X

Random

Effect

X

BREUSCH AND PAGAN LAGRANGIAN MULTIPLIER TEST

BPLM 2083.66***

PREFERRED SPECIFICATION

Random

Effect

X

Pooled

OLS

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143

Table 5-10 - Summary of statistically significant findings

Per Capita

Generation

Capacity

(Kw)

Access to

Electricity (%)

Per Capital

Electricity

Consumption

(KwH)

T&D Losses

(%)

Average Tariff

(US $ cents)

Share of

Private

Sector

Participation

in Generation

Unbundling of

Utilities

Independent

Regulatory

Commission

Privatization

of

Distribution

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144

Section 4: Conclusion

This paper uses panel data from 1990 to 2010 to assess the relationship between

electricity sector reforms – private sector share of generation capacity, unbundling of

power utilities, establishment of independent regulatory commissions, and privatization

of distribution – and electricity sector performance in 26 states in India and Pakistan,

Bangladesh, Nepal and Sri Lanka.

The analysis indicates that for the most part reforms are having a positive impact

on the performance of the sector. This is particularly the case for reforms that have

increased private sector participation in generation and distribution and have vertically

unbundled utilities into generation and T&D entities. The analysis carried out in this

chapter suggests that reforms are helping to increase the availability of electricity (as

measured by indicators such as per capita generation capacity, electricity access, and per

capita electricity consumption) and improve the efficiency of the sector (as measured by

reductions in T&D loss).

The improved performance is coming at a cost to consumers. Reform measures

such as private sector participation in generation, independent regulation, and unbundling

are correlated with higher average tariff. This is not surprising since one of the main

objectives of reforms is to improve the commercial orientation of the sector through cost

reflective tariffs. Privatization of distribution is the only reform measure to have a

negative relationship with average tariff, which suggests that efficiency improvements

achieved through privatization, especially with regards to T&D losses, can help ease the

pressure on tariffs. Overall, the analysis provides confirmation of the positive role played

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145

by reforms in responding to chronic electricity supply shortages in South Asia and

improving efficiency.

The reform measure to have the weakest relationship with sector performance is

independent regulation. Establishment of an independent regulator does not have a

clearly established relationship with either T&D losses or average tariff. These

ambivalent findings for independent regulation are surprising and most likely reflect the

manner in which it has been implemented in South Asia.

While a large number of governments have established independent regulators in

South Asia, they have not equipped them with adequate resources and capacity to

function effectively. Factors that have inhibited the effective functioning of independent

regulators in South Asia include but are not limited to (i) delays in operationalization; (ii)

inadequate staffing and budget; (iii) political interference; (iv) weak enforcement of

regulatory directives; and (v) inadequate technical skills to carry out regulation (Pargal,

2014).

The results of this study are generally consistent with the findings of studies

carried out in other regions and countries, although there are also some important

differences. For example, Zhang, Parker and Kirkpatrick (2008) find that privatization is

not positively correlated with performance indicators, but here privatization is seen to be

positively correlated with performance indicators. Vagliasindi (2013) and Nagayama

(2010) find that the establishment of an independent regulator is positively correlated

with performance indicators. This is again different from the findings of this study which

show a limited relationship between regulatory independence and sector performance.

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146

As countries in South Asia consider the next steps in the reform process, this

analysis provides indication that reforms are largely having a positive impact on sector

performance. However, this analysis has number of limitations. First, this analysis

focuses on five performance indicators - electricity access, per capita generation capacity,

per capita electricity consumption, T&D losses, and average tariff. There are number of

other relevant performance indicators such as labor productivity, service quality and

reliability, fiscal burden of the power sector, environmental sustainability, and poverty

that need to be analyzed to arrive at a full picture of the impact of reforms in South Asia.

Second, there is a need to consider additional institutional, governance and

political economy factors while assessing the impact of electricity sector reforms. The

current model takes into account political stability but there could be other measures that

could be relevant. While the fixed effects model used in this paper factors in time-

invariant differences in countries and states, it does not take into account factors that

would have changed during the review period such as the level of corruption and the

business environment. Future work in this area could include such variables in the model.

Third, this analysis uses dummies to represent many of the reform variables. The

drawback of this approach is that dummy variables cannot entirely capture range of

different implementations of reforms. Such a representation of reforms lump states and

countries that have implemented a reform measure well with others that have initiated

regulations relating to these reforms but are lagging behind significantly in implementing

these regulations.

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147

Independent regulation, for instance, is measured using a dummy variable on the

establishment of an independent regulator. However, as has been noted elsewhere in this

dissertation, just because the government announces that a regulatory commission will set

up to be independent, does not mean that the regulatory commission will function

independently. Governments may directly (through directives) or indirectly (by

controlling the budget and appointments) work to undermine the regulatory commission’s

independence. In so much as the dummy variable does not measure the actual

independence of regulatory commission, the results that we get in this study only show

the relationship between the formal establishment of an independent regulatory

commission and performance. Future studies could build make use of variables that

measure the actual independence of the regulatory commission and sector performance.

Fourth, this analysis makes an effort to limit endogeneity by using fixed effects

but is not able to completely rule it out. Reverse causality is a potential concern as

electricity sector performance may impact timing of reforms, something which would not

be solved through effects. Endogeneity can be addressed by using instrumental and

lagged variables and dynamic modeling but this, as noted by Jamasb, is limited in the

electricity sector by the lack of suitable data (Jamasb, 2005). Addressing endogeneity in

studies on electricity market reforms in a dynamic context in which policy decisions can

be influenced by past performance is a relevant research issue that needs to be pursued in

the future.

Fifth, the fixed effect model used in this study does not work well with data for

which within-cluster variation is minimal or for slow changing variables over time. In

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this study, since fixed effects measures the average "within" effect of the countries/states

in the analysis, the inclusion of countries that don’t have strong rule based governance

systems is likely to dampen the impact of reform measures on performance.

These results indicate that electricity sector reform measures are having a positive

impact on electricity sector performance in South Asia. However, they also indicate the

need to reserve judgment on key pieces of reforms such as independent regulation.

Estimation of the long run effects of the reform on prices will have to wait until a longer

time series becomes available. The regulatory reform in the electricity supply is still an

ongoing process in many countries, which underscores the importance of continuing to

analyze the impact of reforms.

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Chapter 6 - Analytical Narrative on the IPP Experiences of

Nepal and the Indian State of Gujarat

Section 1: Introduction

The econometric analysis undertaken in the previous section is useful for drawing

robust links between different reform variables and performance. It is useful for

answering well defined questions associated with observable elements of reform and

generating generalizable results. However, econometric analysis is not able to capture

fully the unobservable elements of institutional and regulatory reform in the electricity

sector. As discussed earlier, one of the main insights of NIE is that the same observable

elements can be part of different institutions. Identical rules and organizations can be

components of institutions that differ in their beliefs and norms and hence implications.

Econometric analysis is insufficient for understanding institutional and regulatory

arrangements in the electricity sector because various institutional elements such as

informal norms and beliefs that motivate behavior are not directly observable.

Econometric analysis of institutions is limited by the problems of having to cope with too

many endogenous and unobservable variables whose causal relationships are not

understood and whose implications depend on the context (Greif, 2006).

This section therefore supplements the analysis in the previous section by

carrying out detailed context specific analysis of the implementation of electricity market

reforms. To keep the analysis tractable, the analysis particularly focuses on the

introduction of IPPs in the Indian state of Gujarat and Nepal.

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Nepal and Gujarat introduced IPPs in the early 1990’s to attract private

investment, increase generation capacity, improve efficiency, and increase electricity

access (S. C. Bhattacharyya, 2007c). Yet after two decades, these reforms have had

markedly different results in the two places. Gujarat is a well-known success whereas

Nepal is facing a severe energy crisis.

There were some differences in the timing and content of formal reforms in

Gujarat and Nepal but these differences are not sufficient to account for the striking

differences in performance of Gujarat and Nepal. This paper reviews the contrasting

reform experiences of Nepal and Gujarat from the perspective of NIE, based on a model

of electricity market reforms under rule based and relation based systems.

This approach follows Avner Greif in interactively using deductive theory,

contextual knowledge of the situation and history and context specific modeling to

develop and evaluate conjectures about electricity market reforms (Greif, 2006).The

analysis demonstrates how the robust formal institutions of Gujarat contributed to the

strong performance of its electricity market reforms whereas the weakness of formal

institutions and the dominance of collectivist beliefs as well as political instability limited

the success of reforms in Nepal.

Section 2: Narrative

Section 2a: Pre-reform Period

In years immediately preceding the reforms, the electricity sectors of both Nepal

and Gujarat were dominated by vertically integrated state owned utilities – the NEA and

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Gujarat Electricity Board (GEB). Of the two, GEB had a longer history, having been

constituted in 1960, at the time of the formation of the state of Gujarat (Indian Institute of

Planning and Management, 2006). NEA was formed in 1985 out of the merger of the

Department of Electricity and Nepal Electricity Corporation – two institutions that had

until then been responsible for development of the power sector and operation and

maintenance, respectively (World Bank, 1992a).

• Gujarat

Until 1976, the development of electricity infrastructure in Gujarat was the

responsibility of GEB and the state government. The establishment of National Thermal

Power Corporation Limited and National Hydro Power Corporation Limited in 1976

increased the central government’s role in development of electricity infrastructure

(World Bank, 1986)26 but did little to reduce the importance of state agencies.

Under this state led approach, Gujarat was one of the early leaders in rural

electrification in India. With generous subsidies from the state government, it was also

able to keep the increases in electricity tariffs in check. However, by the late 1980’s, this

state led approach to the development of the sector had reached its limits. The GEB was

highly inefficient, making large financial losses and not in a position to meet the

electricity needs of the state. The state and central governments were fiscally constrained

26 These agencies were to construct and operate large power stations and associated transmission facilities and sell bulk power to the State Electricity Boards across India, including GEB

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and unable to be of much help. World Bank documents from the mid-1980’s offers the

following assessment of the GEB:

The GEBs' management and operational capabilities have not kept pace with the

expansion of supply. In general, GEB…lacks experienced personnel in financial

planning and control. The relatively low status and pay of these personnel

exacerbates the already significant pay differential between the public and private

sectors and makes it difficult to recruit competent staff. Management practices are

generally outmoded. Despite espousing energy prices "which reflect true costs" in

both the Sixth and Seventh Plans, the Government, until now, opposed the

principle of economic pricing of power, for reasons associated with social and

agricultural objectives (World Bank, 1986, p.17).

• Nepal

The state of affairs was even starker in Nepal. Against 83,000MW of hydropower

potential, the government and the utility had only developed 125MW by 1984. Electricity

tariffs were extremely low relative to costs. Documentation of the World Bank’s

interactions with Government of Nepal in the mid-1980 has the following assessment:

There has been reluctance in Nepal to raise tariffs even in the face of increasing

costs. Consequently, the present tariff level, averaging 81 paise/kWh, which was

increased in May 1983 for the first time in three years, is still on the low side and

has been a major factor in Nepal Electricity Corporation’s depressed earnings.

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This average tariff level compares to the estimated average long run marginal cost

of NRs 2.50 per kWh (World Bank, 1984p.31).

The electricity system was highly inefficient, with T&D losses amounting to

30.5% of total generation. Improper metering and theft of electricity was widespread.

Government departments and major industries were delinquent in settling their accounts

with the utility, without consequences.

There was political interference in the day to day operation of the utility, which

caused its staffing for instance to grow dramatically from 3,200 in 1984 to 9,400 in 1991

without a corresponding increase in sales and installed capacity. By the late 1980’s NEA

was assessed to be seriously overstaffed, while at the same time being deficient in key

personnel in nearly every functional area (World Bank, 1992a). NEA had the lowest

annual sales and generation per employee in Asia. The World Bank noted:

…the scarcity of spare parts and inadequate maintenance of its older plants have

resulted in a progressive decline in generating plant efficiency and availability

which may be seriously aggravated unless action is taken to rehabilitate these

plants. At the same time, delays in the expansion and reinforcement of the T&D

system have led to increased system losses, interruption of supply and

deterioration of service. NEA's financial position has become very weak due to

stagnant tariffs and financial management deficiencies (World Bank, 1992, p.18).

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Section 2b: Implementation of Reforms

Nepal and Gujarat27 embarked on the electricity sector reform process in the early

1990’s by first focusing on increasing generation capacity through the introduction of

IPPs. The introduction of IPPs represented the adoption of a more commercial

philosophy to develop the sector.

Implicit in this development was the principle of cost recovery to ensure the

financial sustainability of the electricity sector. Since electricity utilities would be

entering into PPAs with IPPs, utilities would have to charge cost reflective tariffs. It was

anticipated that the state owned vertically integrated utilities would be transformed into

more efficient and highly performing units.

• Nepal

In the early 1990’s, Nepal underwent dramatic political changes that greatly aided

the reform push in the electricity sector. These changes culminated in a sharply reduced

role for the monarchy and a democratically elected government in May 1991. The new

government inherited a fiscal crisis created in part by the financial burden imposed by

state owned enterprises such as the NEA. In response, the government committed to a

private sector and market led growth model (World Bank, 1992a).

27 Since electricity is a concurrent in India’s constitution with both the state and central government sharing responsibility, the enabling legislation for IPPs was passed by the Central Government while the implementation of individual projects were undertaken at the state level.

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In the electricity sector, it adopted reforms to move from a state led bureaucratic

approach to commercialization of NEA and private sector participation in hydropower

development. A new Hydropower Development Policy and an Electricity Act were

adopted in 199228 to allow private sector participation in generation, transmission, and

distribution. Fiscal incentives such as income tax exemption, tax rebates, and dollar

denominated PPAs were provided to attract foreign investment (S. C. Bhattacharyya,

2007c).

An ETFC was established in 1994 to provide greater transparency and

predictability to the electricity tariff setting process. While the Committee did not have

the full mandate or responsibilities of an independent regulatory commission, it was

empowered to set tariffs in accordance with financial principles, including automatic

adjustment to reflect changes in fuel costs. The ETFC registered early wins when it was

able to more than doubled electricity tariffs in real terms over a 30-month period.

In parallel, the NEA undertook reforms to improve organizational effectiveness

and efficiency. With the help of a World Bank funded technical assistance, NEA created

a human resources department and created an in depth training program for its staff. The

accounting and financial functions of NEA were also strengthened (ADB, 1996). Canada,

France and Germany provided technical assistance to improve internal management

systems, including operations and maintenance (World Bank, 1992b). A program was

28 In addition, the NEA Act of 1984, which covers the establishment, capital management, functions, duties and powers of NEA, was amended and the Water Resources Act, which provides for the management of water resources and issuing of licenses to corporate bodies for the use of water resources, was adopted.

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implemented to identify and systematically reduce network losses and to reduce

overstaffing.

These developments on the organizational and regulatory front invited a positive

response from a consortium led by Statkraft, a Norwegian electricity utility, which

mobilized resources for the 60 MW Khimti Khola project. The project also received co-

financing from the International Financial Corporation and the ADB. The developers

successfully negotiated a PPA with the NEA (Norway wins BOOT deal for 60MW plant,

1996). The successful initiation of the project spurred additional private sector interest in

Nepal’s electricity sector. By 1996, the government had granted licenses for 10 private

sector projects with total installed capacity of 1300MW (Pradhan, 1996).

However, this interest did not translate into actual private sector investments, and

reforms appeared to stall in the late 1990’s. By the year 2000, Khimti Khola was the only

major private sector project to be completed along with three smaller private projects.

The total installed private sector capacity in the country stood at 113MW – a fraction of

the projects for which NEA had issued licenses earlier in the decade. The only major

hydropower investment in the country – the 144MW Kaligandaki Hydroelectric Project –

was undertaken by the government with a financing from the ADB (ADB, 2012a).

The lack of interest from the private sector spurred a round of legislative and

regulatory changes in the early 2000’s. While the legislative framework of the early

1990’s had put the onus for developing projects squarely on the private investor, the 2001

revision of Hydropower Policy proposed to “minimize the potential risks in hydropower

projects with a joint effort of the government and the private sector, and to make

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provisions for allocating risks to either the government or private sector based on their

capability to bear the lowest cost.” Stated policies included:

• “Implementation of hydropower projects based on the concept of Build, Operate,

Own and Transfer shall be encouraged”; and

• “Appropriate incentive provisions shall be provided and transparent process shall

be pursued to attract national and foreign investment in hydropower

development.”

The 2001 policy proposed the establishment of a new independent regulatory

commission for the electricity sector29 (Government of Nepal, 2001) and the

organizational restructuring of NEA through the creation of five core business groups for

generation, transmission and system operation, distribution, electrification and

engineering services30(World Bank, 2009b).

These reforms barely moved the needle on private sector investments in the

electricity sector. Between 2002 and 2006, private investments accounted for only about

40MWs installed generation capacity (NEA). A major reason for this was the

intensification of the Maoist insurgency in the country, which directly impacted the

electricity sector. The Maoist insurgents for instance attacked the 62.5-MW Khimti

Khola hydro plant, Nepal's largest IPP, in October 2002 causing substantial damage to

29 In line with this objective, a bill was prepared to establish the Nepal Electricity Regulatory Commission but this bill was never enacted. 30 A Draft Electricity Act was prepared to push the reforms in the electricity sector. Important areas of focus of the draft act included (i) time limit for licensing provisions; (ii) land acquisition by the government; and (iii) the introduction of a performance guarantee fee on developers. However, the bill was not enacted 2264 World Bank 2011.

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power plant structures. Likewise, Maoist threats caused another private station - Bhote

Koshi power plant – to close operations in October 200331 (AFP, 2003).

Maoist threats and actions served to discourage private sector investments in the

electricity sector during this period (T. Bhusal, 2009). In 2002, the Australia-based

Snowy Mountain Engineering Company signed a PPA for the 750 MW West Seti

hydroelectric project with Power Trading Corporation of India and was scheduled to

begin construction from 2004. However, the Company was unable to raise sufficient

financing for the project and abandoned it (International Media Network, 2011).

An additional factor contributing to the poor investment climate was the

reluctance of the ETFC to raise electricity tariffs between 2001 and 2011 because of

political pressure from the government, even as electricity generation costs were

increasing dramatically in this period (World Bank, 2011). This served to undermine the

confidence private investors in the NEA to live up to its PPAs.

There was a flurry of interest in the hydropower sector from foreign investors

after the Maoists joined the political mainstream in 2006. The Power Summit 2006 in

Kathmandu organized by the IPPs' Association of Nepal and Power Trading Corporation

of India drew major international investors from India such as GMR Energy, Tata Power,

Reliance Energy, and Everest Power Private Limited. Subsequently, the Nepal

31 The completion of electricity generation projects being undertaken with public investments such as the Mid-Marshyangdi hydroelectric project were also delayed due to security threats from Maoists.

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government invited bids for the 600 MW Buri Gandaki, 402 MW Arun III and 300 MW

Upper Karnali projects.

However, for various reasons, none of the projects got off the ground. For

instance, a committee formed to assess the bids adjudged GMR's bids the best for Upper

Karnali and Arun III. However, the bid was blocked by a parliamentary committee after a

French company - Elysee Frontier – claimed to have had its license for the project

terminated illegally by the previous government ((Indo-Asian News Service, 2007).

Thus, the government was unable to attract expected amounts of private

investment in electricity generation. Since the government’s strategy for development of

the sector had relied greatly on private sector investments, this left Nepal with an

electricity crisis from 2006 onwards. Power outages lasting more than 12-14 hours a day

have been a norm in Nepal, an effect which has adversely impacted the country’s

economic growth and development (World Bank, 2011).

• Gujarat

Since electricity is a concurrent subject in the Indian constitution32, the

overarching legal and regulatory framework is set by the central government while

32 The organization of the power sector is determined by India’s federal structure. The Government’s Ministry of

Power provides overall guidance to the sector, mainly through the Central Electricity Authority, and owns the central power sector utilities such as the National Thermal Power Corporation (NTPC), the National Hydroelectric Power Corporation (NHPC), the Nuclear Power Corporation (NPC), and the Powergrid Corporation of India (Powergrid), and Financing institutions such as the Power Finance Corporation (PFC) and the Rural Electrification Corporation. State governments control the rest of the sector through 20 state electricity boards (SEBs) and 12 electricity departments (EDs). These SEBs and EDs provide distribution facilities and set retail tariffs. Power generation and transmission are split between the central power sector agencies and SEBs. The central agencies own and operate 32 percent of the country’s total generation, while SEBs and EDs have 64 percent of the total.

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implementation is undertaken by state governments. Accordingly, the state of Gujarat

embarked on its power market reform process after the Indian central government

amended the national legislation governing the electricity sector in 1991. The Electricity

Laws Amendment Act of 1991 provided for 100 percent foreign ownership of power

generating plants, a guaranteed return of 16 percent on equity, a five year tax exemption,

and other generous investment incentives (S. C. Bhattacharyya, 2007c)33 (See Table 6.1

for a comparison of incentives provided to IPPs by Nepal and Gujarat).

Figure 6.1 - Incentives for IPPs in Nepal and Gujarat

Nepal Gujarat (India)

100 percent foreign ownership of

generating plants

Returns for IPPs based on negotiations

with the utility

Exemption from income tax for a period of

fifteen years

Reduced customs duty on import of

equipment to attract private investment

100 percent foreign ownership of

generating plants

Guaranteed returns of 16 percent on equity

Exemption of income tax for five years

No Reduction in customs duty on import of

equipment

33 Overall, the incentives provided for IPP developers by Gujarat are similar to the ones provided by Nepal.

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In 1993, Gujarat became one of the first states in India to reach agreement with an

IPP, Essar, for a 515-MW naphtha and natural gas-fired power plant. The company was

able to sign a PPA with the GEB in 1996 and start generation in 199734 (Woodhouse,

2006). This was followed by a number of other private investments, including the

655MW Paguthan power project35.Overall, Gujarat saw the completion of 2500MW of

generation capacity through three large IPPs agreements in the first decade of reform.

This was the second highest among the 29 states in India (PPIAF, 2014).

Yet there was little improvement in the operational and financial performance of

the GEB. The GEB continued to make large financial losses, which served to limit the

amount of private investments in Gujarat’s electricity sector (Planning Commission,

2002). The recognition of these constraints by the government spurred a second round of

reforms36 in the electricity sector in the late 1990’s and early 2000’s.

An independent regulatory authority, the Gujarat Electricity Regulatory

Commission, was established in Gujarat in 2000 to determine tariffs and regulate the

procurement of electricity from IPPs. To improve operating efficiencies and reform the

34 The plant’s was originally scheduled to start generation from 1995 but delays in raising finance, lack of clarity regarding the Government’s gas provision policy as well as petitions in the country’s Supreme Court challenging the power project as being against public interest led to delays in efforts to start the project. The PPA was renegotiated once, in August 2003, reducing a number of pass-through variable costs, including interest rate reductions through refinancing and fuel cost reductions through the switch to gas. 35 The Paguthan project was developed in Gujarat by the Indian owned Torrent Group (74%) with equity participation of Siemens of Germany (14%) as well as Government of Gujarat (12%). 2266 Woodhouse, Erik J 2006. Comment: What is this? A reference? 36 These included the Electricity Regulatory Commission Act 1998 and Electricity Act 2003 at the central level and the Gujarat Electricity Industry Act at the state level.

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sector, the GERC issued performance standards for T&D licensees and competitive

bidding guidelines for procurement of power by distribution licensees. The GERC made

regular revisions to the electricity tariff to ensure cost recovery in the electricity sector

(Indian Institute of Planning and Management, 2006).

The GEB was unbundled into a generation company, a transmission company,

and four distribution companies in 2005 (see Figure 6.2). The unbundling of GEB helped

improve the operational efficiency through decentralized decision making, and improved

accountability; and competition (R. Mohan, 2008, p.8).

These reforms led to concrete improvements in the operational and financial

performance of Gujarat’s electricity sector. There was consistent decline in T&D losses

and a corresponding improvement in the profitability of the electricity utilities (R.

Mohan, 2008) (see Figure 6.3 and Figure 6.4). Private investors noticed these

improvements and responded by significantly increasing their investments in Gujarat’s

electricity sector. A significant share of this investment was from international investors

such as Carapo Group (UK), Asian Genco (Singapore), China Power and Light

(Hongkong), and AES Corporation (USA) (PPIAF, 2014).

Figure 6.2 - Current Structure of Power Sector in Gujarat

GUVNL

(Holding Company)

GSECL

(Generation)

GETCO

(Transmission)

MGVCL

(Distribution)

PGVCL

(Distribution)

UGVCL

(Distribution)

DGVCL

(Distribution)

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163

Figure 6.3 - T&D losses and Aggregate Technical and Commercial losses (%)

Figure 6.4 - Average Realization, Cost to Serve & Profit before Tax (Rs. million)

Source: Data provided by GUVNL

Section 2c: Outcomes of Power Sector Reforms

There is a striking difference in the performance of Gujarat’s and Nepal’s

electricity sectors after two decades of reform. Gujarat added more than 7178 MW of

private sector funded generation capacity between 1990 and 2010 – 46 times the 158MW

added by Nepal (see Table 6-1 and Figures Figure 6.5 and Figure 6.6). By way of

Pre-reforms Post reforms

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comparison, Gujarat’s population is only twice the size of Nepal’s population and its

GDP is only five times as high as Nepal’s GDP. There is hence a significant difference in

performance even when the relative population and economic strength of the two places

is taken into account.

Gujarat added 2,500 MW in the first ten years of reform compared to 96MW for

Nepal. In the second decade of reform, Gujarat added 4,700MW of private sector

generation capacity compared to 58MW for Nepal. Gujarat became more attractive to

private investors as reforms matured while Nepal slipped in its ability to attract private

investment.

The superior performance of Gujarat in attracting private investment carries over

into other electricity sector performance indicators such as total generation capacity,

electricity access, electricity consumption, T&D losses, financial performance of utilities,

cost per unit of electricity, and power availability. Gujarat was able to get almost 90% of

its population connected to electricity compared to 37% in Nepal. Gujarat’s per capital

electricity consumption in 2010 was almost 20 times higher Nepal’s. People living in

Gujarat face no power outages in 2010 while people living Nepal face more than 12

hours of power outages every day.

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Table 6-1- Pre and Post Reform Power Sector Performance Indicators

Gujarat Nepal

Item Start Year Latest

Available

Year Initial Year Latest

Available

Year

Population (Million) 40 1990 59 2010 18 1990 27 2010

GDP ($ Billion) 12 1990 94 2010 4 1991 19 2010

GDP per Capita ($) 302 1990 1356 2010 200 1990 596 2009

Total Power Generation

Capacity (MW) 4793 1990 15722 2011 275 1990 721 2010

IPP Generation

Capacity (MW) 0 1990 7178 2011 0 1990 156 2010

Cost Per Unit (US $

Cents/kwh) 4.8 1991 9.6 2010 5.5 1991 10.2 2010

Average Electricity

Tariff (US $ Cents/kwh) 3.4 1991 8.9 2010 4.2 1990 7.5 2009

Profit/Loss Of Utility ($

Million) 32.7 1993 84.2 2010 -11.4 1991 -95.2 2010

Per Capita Consumption

Of Electricity 469 1990 1615 2010 35 1990 93 2010

Source: Compiled by the author from various sources

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Figure 6.5 - IPP Installed Capacity, 1990-2011 (MW)

Figure 6.6 - IPP Investments, 1990-2011 ($ billion)

Overall, Gujarat is cited as a model state in attracting private sector investment

(CRISIL, 2006). Nepal, by contrast, has had limited success with private sector

participation in the electricity sector. Nepal has been unable to exploit its large hydro

potential. As a result, new generation capacity has failed to keep pace with rapid growth

in demand, and the country is currently experiencing an energy crisis of unprecedented

severity (World Bank, 2011).

7178

158

Gujarat Nepal

9.4

0.2

Gujarat Nepal

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167

Section 3: Theory and Model

It is apparent from the previous section that electricity market reforms in both

Gujarat and Nepal responded to similar challenges and endeavored to achieve similar

results. There were some differences in the timing and content of reforms in Gujarat and

Nepal but the differences in the formal rules and regulations are not sufficient to account

for the striking difference in performance of Gujarat and Nepal.

This necessitates a deeper study of norms and beliefs that motivate behavior and

are not directly observable. How did informal beliefs and culture of Nepal and Gujarat

influence the implementation of electricity market reforms? How prevalent are relation

based arrangements? How were foreign investors treated? How strong or weak are formal

institutions such as the judiciary? How easy or difficult is it to enforce contracts? These

are some factors that influence the performance of reforms and need to be examined.

A case study can give rich and detailed description of the facts of each situation.

However, like econometric analysis, it can leave the basic question of cause and effect

unresolved. To correct this deficiency, the analytical narrative approach used in this

section, adapts “off the shelf” models developed by Dixit and Li, to establish a set of

hypotheses about causes and effects and then examines all the logical consequences of

the hypotheses under consideration. It identifies elements common to many situations and

cases and seeks to give a sharper and deeper understanding of the forces and mechanisms

(A. K. Dixit, 2007). While for reasons of tractability this work abstracts rich details of

specific contexts, it seeks to improve understanding of the electricity market reforms by

interpreting them in light of an appropriate model to identify the insights.

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Game theory provides an analytical framework within which it is possible to

restrict the set of admissible rules, beliefs and behavior based on social norms and rules

and study the way in which behavior is endogenously generated (A. K. Dixit, 2007). The

following section describes a game theoretic model, to facilitate analysis of the

differences between rule based and relation based institutional systems37.

Section 3a: Modeling the Relationship between IPPs and the Utility/Government

There is a potential for both IPPs and the government to benefit from a contract in

which IPPs provide electricity to the utility at a pre-agreed rate or formula through a

PPA. The government is able to meet the electricity needs of the country without having

to make a capital investment. It is also able to gain access to private sector technical and

managerial expertise and under competitive bidding may even be able to gain access to

electricity at a rate cheaper than it could produce on its own. The private sector gains

access to an assured revenue stream from the government and can be confident of making

a good return on its investment.

However, since electricity does not involve simultaneous exchange of good and

services and does not have immediately verifiable attributes, each participant in the

process usually has available to him various actions that increase his own gain while

37 Grief and Dixit construct many game theoretic models to undertake institutional analysis. Dixit models the

emergence of alternative institutions that support economic activity when a government is unable to or unwilling to provide adequate protection of property rights and enforcement of contracts (Dixit 2007). Greif examines the cultural factors that led two pre-modern societies - the eleventh century Maghreb traders from the Muslim world and the twelfth century Genoese traders from the European world - to evolve along distinct trajectories of societal organization (Greif 2008).

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lowering the others gain by a greater amount. For instance, IPPs may not complete the

project on time or not provide the agreed amount of electricity. Likewise, the government

may renege on payment or could expropriate the investor’s assets. Williamson uses the

term “opportunism” to label actions that results in gains for the individuals but hurt the

group as a whole (Williamson, 1979).

Game theory studies many instances of this, most notably the prisoner’s dilemma.

IPPs first make an investment (Invest). The government then takes action to ensure the

benefits of the investment are shared with the IPP by making payment for sale of

electricity at agreed rates (Share). If the government follows through with its payments,

both parties will get a positive outcome or game theoretic pay off. However, the

government can instead take an opportunistic action (Hold Up), which will yield it a

larger payoff but the IPP a negative payoff. If the IPP lacks confidence that the

government will follow through with its payments, it may choose not to make an

investment (Don’t Invest).

In game theory terms, (Don’t Invest, Hold Up) is the only Nash equilibrium; for

any other strategy combination, one of the players wants to deviate to a different strategy.

In this outcome both players get 0, but both would be better off if they could achieve

(Invest, Share). This is also known as a one sided prisoner’s dilemma (see Table 6-2).

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Table 6-2 - One Sided Prisoner's Dilemma38

Player 2

Share Hold Up

Player 1 Invest 5, 5 -3, 7

Don’t Invest 0, 0 0, 0

There are two broad approaches to ensuring a co-operative outcome. First, an

arrangement can be developed for punishing the second player in case he deviates.

Ordinarily, a strong rule based system with an independent judiciary is able to achieve

this. The IPP and the utility/government agree before the fact that (Invest, Share) is a

better outcome and sign a formal contract (PPA). The court stands ready to enforce this

contract. However, such an arrangement is most effective when the deviations from the

agreement can be proved before the court or are verifiable and the IPP has sufficient

confidence in the courts and law enforcement agencies to act impartially.

Second, if the IPPs and the utility/government expect repeat interactions, and they

both have relatively low discount rates, then the prospect of gains from a long term

relationship can help keep both parties honest. This can induce the government/utility to

choose share and the IPP, recognizing this, can choose to invest. This is also known as

the theory of repeated games (Gibbons, 1992).

38Pay offs are only for purposes of illustration.

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In practice, transactions may require dealing with different partners at different

times. Therefore it is necessary to consider relationships in group situations. Self-

governance in a group situation can be maintained if the news of cheating can be

communicated to others in the group who could potentially transact with the cheater. A

cheater would invite collective punishment from the group. Any person considering

cheating would weigh the adverse impacts of a collective reaction, which would deter

opportunistic behavior. However, such a system can only be effective if the information

flow is excellent and the threat of collective punishment from the group is credible. These

conditions are fulfilled in cohesive relation based groups or networks (A. K. Dixit, 2007).

Section 3b: Model of Relation Based Governance39

To explore the dynamics associated with relation based governance systems, a

model where different players in the electricity market are a continuum distributed along

a circle is considered (Figure 6.7). The players could be private investors, power utilities,

credit providers, government agencies, or any other entity that needs to get into a

contractual relationship for successful private sector investments in the electricity sector.

Let 2P denote the circumference of the circle; then for any player, the most distant other

player is located diagonally opposite at a distance P away. Each player is randomly

matched with another in two separate time periods – one the present and the other the

future. One is more likely to meet a closer neighbor than a more distant one. Specifically,

39 This model is an adaptation of Avinash Dixit’s (2007) model of relation based and rule based governance.

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it is assumed that for any one player in each period, the probability of meeting another

player decreases exponentially with distance x and at a rate of decay α.

While one is less likely to meet more distant players, the potential gain from

dealing with them is larger. Specifically, it is assumed that gains from trade increase

exponentially with distance, and Ω is the rate of this increase. Finally, there is

localization of information. If a player cheats his first period match, then the probability

that a third person located at a distance y from the victim of this cheating finds out in

time for action in a possible second period match is exponential with a rate of decay β.

Figure 6.7 - A Model of Relation Based Governance

In each period, when two players are matched, they decide whether to trade in

light of what they know about each other. Each player knows the other’s location; and in

addition each may have heard about any past cheating by the other. The players are

otherwise symmetric and their game is a prisoner’s dilemma with the associated pay off

matrix. If a player cheats his current partner, he gets an immediate gain like in the

Probability of meeting ~e¯αx

Gain from trade ~e¯Ωx

News Probability ~e¯βy

Player 1

Player 2 P

x

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prisoner’s dilemma game. The cost to the player is that his reputation will suffer; future

partners who hear of this may refuse to play with him. The possibility that future partners

may not play with a cheater is what helps sustain the equilibrium, even though the game

is only two period long.

This model can be folded into the formal set up of game theory and the resulting

solutions suggest that equilibrium is characterized by the localization of honesty where

players behave honestly with others within a certain distance of themselves (See A. K.

Dixit, 2007 and A. Dixit, 2003 for a solution to the problem); cheating becomes more

attractive the more distant the partner. Honesty in all exchanges is found to be possible in

a small community but not over a large community (A. K. Dixit, 2007).

Section 3c: Model of Rule Based Governance

Li has modeled an alternative arrangement of formal or official rule based

governance (Li, 2003). As per this model, it is assumed that at a cost c per unit of arc

length along the circle, any cheating can be detected and the information made available

to future players. This can be through any of the arrangements such as a credit history

agency, trade associations or the formal legal system. The costs of the detection system

are recovered from the players by levying a lump sum charge c on each of them. Under

this system, when the semi-circumference of the circle is P, the payoff for each player

will be V(P,P) – c. Figure 6.8 shows the gross and net payoffs from external enforcement;

these are the two parallel curves V(P,P) and V(P,P) – c. It also shows a falling curve for

self-enforcement beyond P*, starting at P*, V (P*, P*).

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When P is less than P*, self-enforcement is globally effective and saves the

detection cost c, so it is obviously superior to external governance. Beyond P*, there is an

interval where the payoff from self-enforcement falls below the gross payoff V(P,P) from

external enforcement but remains above the net payoff V(P,P)-c of that system. Thus

self-enforcement no longer works over the whole circle but external enforcement is not

yet cost-effective. The rising curve for external enforcement and the falling curve for

self-enforcement eventually cross. Beyond that point, external governance is preferable

Figure 6.8 - Optimal Enforcement Modes in Different Size Worlds

Section 3d: Summary of Key Insights from the Theoretical Models

These models suggest relation based governance is likely to work well in small

groups that are connected by extended family relationships, neighborhood structures,

ethno-linguistic ties because such links facilitate repeated interactions and good

communication. In such groups, there is a possibility of a co-operative outcome emerging

V(P,P)

V(P,P)-c

V(X(P),S

α/(α-Ω)

V (P*, P*)

Player 1

P* P

V

C

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automatically as equilibrium of the repeated game. However, relation based governance

loses its relative effectiveness as the scale of economic transaction grows. Once there are

many players over a large area, the benefits that are available from economic

relationships with distant partners can only be realized by instituting more formal

institutions of information dissemination and enforcement at a cost.

In systems that are characterized by relation based governance, economic

decisions and transactions are more likely to be within some identifiable group defined

by links that enable enforcement of implicit contracts based on reputation. In other

words, “crony capitalism” is likely to be widespread. These kind of arrangements will be

slow to react to innovation and will constrain the movement of capital to its most

productive uses. Foreign investors and lenders, especially from rule based systems, will

be reluctant to invest or lend in relation based systems. Likewise, firms in a relation

based system will not feel comfortable going outside their network for credit or

investment. As a result of the closed nature of relation based systems, players in the

system will be not be able to access new technologies and international expertise.

Formal or rule based governance has high fixed costs of setting up the legal and

enforcement system and the information mechanism ,but once these costs have been

incurred, the marginal costs of dealing with additional players are low and may even

decrease. Therefore the total costs of the relation based system will be smaller at small

sizes and those of the rule based system will be smaller at large sizes.

The benefit of rule based systems notwithstanding, there is likely to be a

collective action problem to transitioning to such a system. Since reputations that have

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been built in relation based systems become worthless in a rule based system, people who

stand to lose from transition to a rule based system will resist it by political means. The

public investment required for establishing a rule based system will be hard to mobilize,

especially in face of opposition from players who stand to lose from the move to a rule

based system. Also, the move to a rule based system is likely to entail learning and

adjustment costs on part of individuals in the system (A. K. Dixit, 2007)40.

Section 3e: Propositions

The implementation of electricity market reforms, particularly the introduction of

IPPs, represents a transition to larger, more complex and dynamic sector structure. Under

a vertically integrated sector structure, there are very few players in the sector (in most

cases just the utility and a ministry with latter responsible for the former). The normal

practice is for the government to fund large capital projects in the electricity sector either

from its revenue or through domestic borrowings. The introduction of IPPs opens up the

sector to a large number private sector players, both domestic and foreign. Each of the

IPPs needs to enter into a contractual relationship with the utility while at the same time

borrowing money from domestic and international banks that provide financing for the

project and access international and national capital markets. Depending on the project, a

large number of investors may also have equity in the project. The introduction of IPPs is

also associated with efforts to increase the generation capacity in the country and to bring

in foreign capital investment for large generation projects. The theoretical models in the

40 It is worth noting that rule based and relation base governance systems are not pure dichotomies. Even in countries that have robust rule based systems, we see continued use relation based governance in many areas.

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previous section suggest that the transition to IPPs will be more successful in an

impersonal rule based system than a relation based system. In explaining the strikingly

different performances of Gujarat and Nepal, it can be shown that the existence of a

robust rule based system enabled the successful implementation of reforms in Gujarat

while the prevalence of a relation based system undermined the implementation of

reforms in Nepal. To establish that rule based governance was the differentiating factor in

the performance of Gujarat relative to Nepal, the following propositions are examined.

• Proposition 1. Gujarat undertook investments necessary to support formal rule

based transactions; Nepal did not make these investments or did not make it to the

level required to support rule based governance.

• Proposition 2. In Gujarat, formal law was evenly implemented; in Nepal, there

was significant discrepancy in the letter of the law and actual implementation,

with relation based arrangements gaining priority over the implementation rules

and regulations.

• Proposition 3. Foreign and domestic investors were equally at ease investing in

Gujarat while local investors who are integrated into local relation based

networks found it easier to operate in Nepal than foreign investors.

• Proposition 4. There was opposition to efforts to institute rule based governance

in Nepal by groups who stand to lose out.

Section 4: Back to the Narrative

This section will present evidence for each of these propositions in Gujarat and

Nepal over the last 20 years of reforms. If substantial evidence can be found in favor of

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these propositions, it can be plausibly argued that the strength of formal rule based

systems is the main driving factor behind the disparity in the performance of reforms in

Gujarat and Nepal.

Proposition 1 Gujarat undertook investments necessary to support formal rule based

transactions; Nepal did not make these investments or did not make it to the level

required to support rule based governance.

The first requirement for rule based governance is that a country or state should

have undertaken the necessary investments in institutions, infrastructure and capacity

necessary for rule based governance. The model presented in the previous section

suggests that this implies high fixed costs and is not likely to be spontaneously adopted

by countries with an institutional equilibrium that is based on relation based

arrangements. Evidence from a specific area that has relevance for the performance of

reforms in the electricity – corporate and financial governance – shows that while Gujarat

had undertaken substantial investments to set up a framework for rule based governance,

Nepal had not undertaken these investments and was lacking capacity for rule based

governance.

• Corporate and Financial Governance

The strength of corporate and financial governance is important for electricity

market reforms because it has a bearing on the ability of IPPs to raise financing for

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projects and to operate their companies under a transparent rule based framework.

Corporate and financial governance is particularly important for foreign investors.

• Nepal

Nepal did not have a strong institutional and regulatory framework to support

corporate and financial governance when electricity market reforms were initiated in the

1990’s and despite some effort, was not able to improve it substantially over the reform

period. According to the ADB41, Nepal’s financial sector in the 1990’s was characterized

by dominance of state owned banks, which had limited reach; the vast majority of the

population in the country remained out the reach of the formal banking system. Nepal

had extremely weak accounting and financial reporting systems. ADB’s 2000 assessment

notes:

Nepal lacks sound accounting and reporting standards, which are among the most

fundamental prerequisites for commercial activities…as information available to

lenders is often incomplete or expensive to establish, lending is based primarily

on collateral and personal guarantees instead of a credit analysis relying on

financial statements and business plans. Lending records within the institutions

are usually maintained in manual files and often are missing or incomplete…. the

country’s judicial system has not been fully equipped to implement legislation in

41 The ADB has been engaged with the Nepal government in reforming corporate and financial governance

since the 1990’s and as part of these efforts, it periodically carried out assessments of corporate and

financial governance in Nepal.

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a consistent manner. In the absence of a commercial court or specialized bench to

deal with commercial matters, dispute resolution through the existing court

system is usually a lengthy process. Judgments often are not made public or are

inconsistent…It is widely believed that many companies maintain different books

and accounts for different purposes, such as tax assessment and credit

applications. Such practice has exacerbated the mistrust between tax collector and

payers (ADB, 2000).

Likewise, Nepal’s tax policies, particularly income tax and customs and property-

related taxes, were considered to have many deficiencies. They allowed tax officers to

exercise discretionary powers, resulting in arbitrary tax assessment. Nepal’s legal and

regulatory environment was highly fragmented and inconsistent. Many important areas

required for robust corporate governance – such as bankruptcy, debt recovery, and

secured transactions – were not yet adequately covered in the country’s legislative and

regulatory framework. The country’s stock market was established in 1993 with 110

companies and market capitalization of $650 million, but due to various institutional and

governance weaknesses, the vast majority of shares remained illiquid (ADB, 2000).

The ADB’s 2000 Corporate and Financial Governance Project was a response to

these weaknesses and aimed to (i) improve corporate and financial governance policies,

regulatory and legal framework, and standards; (ii) develop the capacity of key financial

institutions; (iii) strengthen legal enforcement capacity and infrastructure; (iv) deploy

infrastructure for payments and financial service delivery; and (v) develop selected

market participants. The project was completed in June 2009, four years behind schedule.

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The project completion report prepared by ADB found that that the project objectives

were not achieved.

According to the completion report, the government showed limited ownership of

the project, which seriously undermined the project’s efforts to improve corporate and

financial governance in Nepal. A number of components of the project such as

establishment of special commercial benches and secure transaction registry, central

depository system, were not completed. Other components that were either fully or

partially implemented such as establishment of electronic trading scheme, computerized

legal information system were not mainstreamed into the day to day operations of

government institutions. A substantially large amount of ADB’s loan (63% of the loan)

and technical assistance funds remained unutilized (ADB, 2012b). Since the project

completion in 2009, the government has not pursued any major efforts to improve

corporate and financial governance in the country. Despite some minor improvements,

the infrastructure necessary to support rule based corporate and financial transactions

remains very weak in Nepal.

In this regard, excerpts from U.S. State Department’s 2012 Commercial Service

investment climate statement for Nepal are particularly revealing:

Legal, regulatory, and accounting systems are neither fully transparent nor

consistent with international norms. Though auditing is mandatory, professional

accounting standards are low, and many practitioners are either poorly trained or

lack in business ethics. Under these circumstances, published financial reports are

often unreliable, and investors are better advised to rely on general business

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reputations… the most distinguishing features of labor in Nepal are the shortage

of skilled, educated worker (US Department of State, 2012).

• Gujarat

In India, the national institutional and regulatory framework for corporate and

financial governance applies to all states, although implementation is undertaken at the

state level. Gujarat, on account of being one of the states of India, has had a long history

with an institutional and regulatory framework for corporate and financial governance.

At independence in 1947, India inherited one of the world’s poorest economies

but one which, as a legacy of British rule, inherited four functioning stock markets

(predating the Tokyo Stock Exchange) with clearly defined rules governing listing,

trading and settlements; a well-developed equity culture; and a banking system replete

with well-developed lending norms and recovery procedures. This included the

Ahmedabad Stock Exchange in Gujarat that was founded in 1894. The 1956 Companies

Act as well as other laws governing the functioning of joint-stock companies and

protecting the investors’ rights built on this foundation.

The development of the corporate and financial sector in subsequent decades in

India was limited by the government’s inward looking policies and dominant ownership

position in commercial banking, insurance, and development finance (Jaiswal &

Banerjee). However, by the 1990’s, India had developed a deep and well-diversified

financial system with a broad variety of banking and capital market institutions and

instruments. India had a fully functional credit rating agency, the Credit Rating

Information Service of India, which was promoted by financial institutions in the country.

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The country's capital market was deep and sophisticated; with a market capitalization of

US$39 billion in 1991, the Bombay Stock Exchange (the largest of India's nineteen stock

exchanges, accounting for 70 percent of total capitalization and turnover) was the

nineteenth largest in the world. The accounting profession was well established with the

India Institute of Chartered Accountants of India setting the accounting standards that

were in compliance with international standards (Ahluwalia, 1999).

In terms of investor base (i.e., numbers of individual shareholders), the Indian

market was the third largest in the world, behind only those in the United States and

Japan. The equity market witnessed rapid growth in all aspects, including the number of

companies listed, the trading volume, as well as the amount of fresh capital raised.

Furthermore, the country's large and rapidly growing bond market had become an

important source of debt capital to both the public as well as the private corporate sector.

India carried out substantial reforms to it legal and institutional framework for

corporate and financial governance as part of broader economic reforms in the early

1990’s. An important policy initiative in 1993 was the opening of the capital market to

foreign institutional investors and allowing Indian companies to raise capital in foreign

markets by issuing equity in the form of global depository receipts. The National Stock

Exchange was set up in 1994 as an automated electronic exchange. The National Stock

Exchange and Bombay Stock Exchange adopted an online trading system in 2000 and

2002, respectively (Ahluwalia, 1999).

As one of India’s most industrialized states, Gujarat has been a major beneficiary

and contributor to the development of financial and capital markets in India. Gujarat

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contributes 30% to the stock market capitalization in India and businessmen from Gujarat

are among the most active participants on the stock exchange. Private sector companies

making investments in electricity infrastructure in Gujarat have mobilized financing from

the country’s capital markets as well as received financing from foreign institutional

investors.

Proposition 2. In Gujarat, formal law was evenly implemented; in Nepal, there was

significant discrepancy in the letter of the law and actual implementation, with relation

based arrangements gaining priority over the implementation rules and regulations.

In NIE, it is not just formal rules, laws and organizations that form institutions but

also informal codes of conduct, norms, habits, customs and beliefs. The presence of a

robust infrastructure is a necessary but not a sufficient condition for rule based

governance. Rule based governance is also likely to depend on the beliefs and

internalized norms of people following and enforcing the rules. If the institutional

equilibrium in a society is to give preference to relation based arrangements over rules

and laws, the implementation of formal rules and laws is likely to suffer. Evidence from

the electricity sector shows that rules and regulations were more consistently applied in

Gujarat than Nepal.

• Electricity Sector

There is a wide discrepancy between the letter of the law in the electricity sector

and its implementation in Nepal. There are many, often conflicting, laws that apply to the

electricity sector; it is not always clear even to government officials which takes

precedence over the other (see Figure 6.9). For example, there is confusion over whether

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the Hydropower Development Policy of 1992 or the Hydropower Development Policy of

2001 is currently in effect. Tax relief for hydropower developers outlined in electricity

sector legislation is not recognized in the taxation laws (Imran, 2001).

Figure 6.9 - Comparison of Main Hydropower Policies and Acts

Hydropower Development Policy 1992

Electricity Act 1992

Hydropower Development Policy 2001

Draft Electricity Act 2006 (pending approval)

Royalty For all the projects above 1 MW fix capacity and energy payment 1st 15 years Rs 100 per kW plus 2% of tariff Thereafter Rs 1,000 per kW plus 10 % of tariff

For all the projects above 1 MW fixed capacity and energy payment 1st 15 years Rs 100 per kW plus 2% of tariff Thereafter Rs 1,000 per kW plus 10 % of tariff

For all the projects above 1 MW fixed capacity and energy payment. Different rates for different bands before and after 15 years. Different rates for export and internal use projects 1% of royalty to be provided to Village Development Committees

As 2001 policy

PPA PPA to be signed between buyers and sellers

PPA should be transparent

PPA to be signed between buyers and sellers and reviewed by Regulatory Commission

Pricing Mutual understanding between private producer and NEA be fixed on the basis of fixed percentage of the avoided cost or cost plus or fixed percentage of average selling price of NEA. Depreciation over 25 years

Fixed percentage of avoided cost or an addition to the generation cost of fixed percentage of average tariff of NEA Depreciation over 25 years

Subject to review by Electricity Tariff Fixation Commission

Certain percentage of avoided cost or certain percentage of average electricity tariff rate or certain percentage rate of return on equity. Consent of Commission required After establishment of wholesale market the rate fixing

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procedure as specified by the Commission

Income Tax Exemption of income tax for 15 years from date of commercial operations When income tax payable rate reduced by 10%

15 years tax exemption for licensee for generation, transmission and distribution When income tax payable rate reduced by 10%

Income tax per prevailing Income Tax Act No additional or new tax to be levied on existing hydropower project except those in place at issuance of project license

Exemption of income tax for 10 years from commencement of generation When income tax payable the rate is 15% If any reduction in prevailing income tax rates before Act commences tax rate will be reduced by same percentage.

Source: Compiled by author based on review of Government and World Bank documents

The Government of Nepal established a “one stop window” arrangement to

facilitate investments in electricity sector. However, this approach is currently ineffectual

due to the lack of authority of the “one stop window” over the various government

departments. Approval of an application for a hydropower project requires approval from

more than sixteen agencies (World Bank, 2009a).

The lack of clarity in the formal legal and regulatory framework suggests that

formal rules and laws are not the main guiding factor in government decisions. There is

evidence to indicate arbitrary and capricious application of rules and regulations in the

electricity sector in many instances. Investors have reported rent seeking behavior,

corruption in licensing, approval of unfeasible projects, signing of loss making PPAs with

the private sector and politically motivated loss making activities in the electricity sector

(Nepal & Jamasb, 2012a). For instance, an international investor that had been chosen to

develop a power project based on a competitive bidding had its rights arbitrarily

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reassigned to another investor (IANS, 2007). International developers have indicated that

NEA is not able to negotiate freely and is subject to undue political influence.

Project developers get insufficient guidance from the government on project

development. For instance, the developer is responsible for negotiating with communities

in project development sites, agreeing on compensation and relocating the communities.

IPPs have commented that there is no commonality of treatment from one site to another

and that published countrywide guidelines would have been of considerable help (World

Bank, 2009a).

Additional evidence on the behavior and actions of government officials in the

electricity sector can also be found in implementation completion reports of electricity

sector projects funded by international development agencies such as the ADB and the

World Bank. The performance evaluation report of the Kaligandaki Project financed by

the ADB, for instance, indicates the following about the performance of government

agencies in the project:

The executing agency’s performance was less than satisfactory. The project files

indicate that ADB had noted for some time that there were important

shortcomings with respect to the focus of attention on technical, contractual, and

management requirements of project implementation, and, consequently, decision

making in a timely manner (ADB, 2012a).

The intensification of the Maoist insurgency in Nepal after 2001 further weakened

rule based governance in Nepal. There were many instances of electricity project

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property being damaged, sites being padlocked and demands and threats being received

from various groups (AFP, 2003). This was costly in terms of delays to project

development and the requirement to employ increased security measures.

The overall state of affairs with respect to the implementation of formal laws and

rules is summarized in the United States Commercial Service investment climate

statement for 2012 for Nepal:

Foreign investors complain about complex and opaque government procedures

and a working-level attitude that is often more hostile than accommodating…

investors must also deal with inadequate and obscure commercial regulations,

vague and changeable rules governing labor relations, a nontransparent and

capricious tax administration system… foreign investors have identified pervasive

corruption as a major obstacle to making, maintaining and expanding direct

investment in Nepal. There are also frequent allegations of corruption perpetrated

by government officials in the distribution of permits and approvals, in the

procurement of goods and services, and in the award of contracts there is often

variance between the letter of the law and its implementation…. The bureaucracy

is generally reluctant to accept legal precedents. As a consequence, businesses are

often forced to re-litigate issues that had been previously settled (US Department

of State, 2012).

Gujarat by contrast is widely considered to be one of the most well governed

states in India. Gujarat’s bureaucracy is known to follow rules and regulations, which

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serves to increase investor in Gujarat. This perception is widespread across different

sectors and pre-dates the initiation of electricity sector reforms in the early 1990’s. In an

interview to the Business Standard, noted academician and professor of Jawaharlal Nehru

University, Ghanshyam Shah noted:

Project execution in Gujarat has always been fast and hassle-free thanks to the

bureaucracy. Even during the license Raj (i.e. before the 1990 reforms) the

bureaucrats used to get licenses and give it to businessmen for setting up

industries. Traditionally the administration in Gujarat has always been business

friendly and hence the project execution has been smooth (Das, 2013).

Similar views are echoed by businessmen investing in Gujarat. Gourav Swarup,

Managing Director of Paharpur Cooling Towers, statements in an interview with TNN

are specially revealing:

In Gujarat, you can concentrate on business without any other worry…an

industrialist can do what he is supposed to do - that is business…there is no undue

interference by any agency at any level. It is absolutely trouble-free and

everything is in-built into the system, which delivers. This is why we are planning

further expansion in Gujarat (Mukherji, 2013).

The Japanese ambassador to India, Takeshi Yagi, seemed to speak for many

foreign investors when he made the following remarks at an inauguration of Japanese

owned sanitary wear plant in Gujarat:

This new venture will further strengthen the trade ties between Japan and

India. Gujarat has become a hot favorite destination for Japanese firms

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due to good governance and transparent administration. At present, 60

Japanese firms are operational in Gujarat. In the near future, the number

will increase to 100 (PTI 2014).

These perceptions are validated by the Economic Freedom of Indian States

rankings, which includes many variables that are measures of rule based governance such

as the quality of justice mechanism, completion rate of cases by courts and investigations

by the police, and level of corruption. Gujarat ranks number one in the overall ranking

and highly on variables that are measures of formal rule based governance (Aiyar, 2012).

In the electricity sector, Gujarat was the highest ranked among Indian states in

implementing the provisions of the Electricity Authority 2003 (EA 2003) (Pargal, 2014).

Gujarat was one of the first states in India to set up special courts and special inspection

squads for prosecuting electricity theft, as per the provisions of the Act. Gujarat was able

to sharply reduce its losses from theft as a result of this drive, which played an important

role in the financial turnaround of Gujarat’s electricity sector.

Gujarat has a well outlined formal framework and rules to guide land acquisitions

and environmental clearances for projects, including a role for the government in

facilitating land acquisition, infrastructure, fuel linkage, port linkage, and water supply.

Gujarat’s government has been very effective in discharging this role, which has been of

considerable help in attracting private investment to the electricity sector in the state (R.

Mohan, 2008).

Additionally, political interference in projects decisions is minimal in Gujarat. A

review of IPPs in Gujarat undertaken by the Program on Energy and Sustainable

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Development at Stanford University found that political intervention in the electricity

sector was lower in Gujarat than other states such as Andhra Pradesh, Tamil Nadu, and

Maharashtra that were covered in the study (Lamb, 2006). This observation was made by

all of the main players in the Gujarat electricity sector – the GERC, the GEB and the

project companies themselves. Likewise, renegotiations related to project PPA were

reported to have been carried out transparently in Gujarat and with little actual cost to the

returns of the IPPs.

Reports from IPPs and the state off taker in Gujarat in field research interviews

were the most positive among the four states selected for focus in the India study. Not

surprisingly, the costs in Gujarat on a per megawatt basis for electricity projects were

lower than other large states such as Andhra Pradesh, Tamil Nadu, and Maharashtra and

among the most competitive in the country (Lamb, 2006).

Finally, a confirmation of Gujarat strong formal rule based governance is also

seen in ADB’s completion report for the Gujarat Power Sector Development Reform

Program. The program was designed to support the Government of Gujarat to restructure

the power sector. The completion report’s assessment of the performance of the Gujarat

state government was as follows:

The state government demonstrated its full commitment to implementing the

reform measures. Overall, GEB has demonstrated its capacity to formulate,

appraise, and carry out engineering, procurement, and construction of T&D

projects to approved specifications, standards, and to the satisfaction of ADB

(ADB, 2008).

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Proposition 3. Foreign and domestic investors were equally at ease investing in Gujarat

while local investors who are integrated into local relation based networks have found it

easier to operate in Nepal than foreign investors.

It follows from the model in the previous section that people used to dealing in a

relation based system will find it easier to initiate a transaction in a rule based system

than vice versa. People from a relation based system can come into a rule based system

and be assured of operating on the same level playing field as the others in the system. In

a relation based economy, by contrast, activities are mostly carried out by firms that have

long standing relationships with others in the country and who will not deal with others

for fear of spoiling these relationships. Evidence from Gujarat and Nepal confirms that

while in the former both local and international investors have been able to enjoy success,

in the latter, success has been mainly limited to local investors.

• Private Sector Power Projects in Gujarat

Evidence from private sector projects completed in Gujarat indicates that

international investors have had a fair degree of success in Gujarat. The scale and

frequency of their transactions indicate that they have confidence in the government and

other Indian corporate entities.

One of the first private sector electricity generation projects to be completed in

India with international investment was carried out in Gujarat. The development of

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655MW Gujarat Paguthan Power Station was initiated in 1994 as a joint venture between

Torrent Group of India, PowerGen of UK, Siemens of Germany and the state owned

Gujarat Power Corporation Limited. The project achieved financial closure in 1997 and

became operational in 1998.

In July 1999, PowerGen purchased a controlling stake in the Paguthan project

from the Ahmedabad-based Torrent group. In October 2000, PowerGen bought out

Siemens stake in the project, and changed plants name to Gujarat PowerGen Electricity

Corporation. In 2002, the Hongkong based China Light and Power International took

over the entire ownership and management control of Gujarat PowerGen Electricity

Corporation. Since then, China Light and Power has owned 100% of the equity of the

Gujarat PowerGen Electricity Corporation. Gujarat PowerGen Electricity Corporation

sells its entire electrical output to the GEB (and later its successor Gujarat Urja Vikas

Nigam Limited) under a long term PPA whereby the entire capacity of the project is

dedicated to the utility. The outcomes of the project have been largely positive for both

China Light and Power and Gujarat. The Ministry of Power has rated both costs and

operational performance to be better than similar plants in India, including many that

were undertaken by local investors (Woodhouse, 2006).

While several renegotiations of the PPA have taken place between the IPP and the

utility, these have always been successfully resolved. The parties have been able to agree

at a lower PPA than initially agreed because of the plants success in accessing fuel at

cheaper rate than earlier envisioned by tapping the private gas market. The project has

been able to produce a satisfactory return on investment for China Light and Power.

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Overall, China Light and Power has had a positive investment experience in Gujarat,

which is confirmed by the company’s decision to make additional investments in the

electricity sector in Gujarat. China Light and Power successfully commissioned the first

phase of the 101 MW Samana wind farm in Jamnagar district in Gujarat in 2009 and is

currently developing the 50 MW Mahidad wind farm in Gujarat (PPIAF, 2014).

A number of other international investors such as MEMC Dhama Solar Plant

(USA), Caparo Energy Limited (United Kingdom), Surajbari Private Limited

(Singapore), AES Saurashtra Wind Farm (USA) and Genting Jangi Wind Farm

(Malaysia) (PPIAF, 2014) are also successfully operating in Gujarat’s electricity sector.

Gujarat has a robust institutional framework comprising of the GERC as well as

an independent judiciary, which provides confidence to international investors that they

will be treated fairly. There have been number of high profile cases in which the judiciary

has ruled in favor of international investors. For instance, the Gujarat High Court in

February 2014 ruled in favor of Alstom by holding that the provisions of the foreign trade

policy relied upon by India’s Directorate General of Foreign Trade to recover duty

drawback benefits already granted to power producers were unconstitutional (A. Mohan,

2014).

• Private Sector Power Projects in Nepal

Nepal by contrast has seen very little foreign investment in the electricity sector.

Whatever little investment has taken place has been with the involvement of multilateral

development Banks such as ADB and World Bank. No international investor has so far

been able to successfully complete a project without financing from multilateral

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development banks. The national utility NEA has a history of contractual disputes with

foreign contractors. Nepal initially saw very little local private sector investment in the

electricity sector reflecting financing and capacity constraints. But more recently, Nepali

private sector companies have become active in the electricity sector and are more

successful than international investors.

Nepal was an early recipient of foreign investment in the electricity sector. The 60

MW Khimti Khola Hydropower Project, an investment of the Norwegian electricity

company Statkraft and the 36 MW Bhotekoshi project, an investment of the US-Nepal

joint venture Bhotekoshi Power Company Private Limited, reached financial closure in

1994 and 1996, respectively and became operational in 2000 and 2001, respectively

(NEA). However, both of these projects were undertaken with the involvement of

multilateral development banks – the ADB in the case of Khimti Khola and the World

Bank Group’s International Finance Corporation in the case of Bhotekoshi – which

served to minimize the risks face by the private sector developers in interfacing with the

utility and the government. However, after these projects no major hydro power projects

have been undertaken with foreign investment in Nepal. These projects have generated

satisfactory returns to the investors but have turned out to be very expensive for the NEA.

Since the PPA for these projects were in US dollar terms, the depreciation of the Nepali

rupee has had a major financial impact on NEA.

A parliamentary Public Accounts Committee report in 2010 found that the NEA

was incurring an annual loss of NRs2.5 billion ($34 million in 2010) on Bhotekoshi (36

MW) and Khimti (60 MW) PPAs and that cumulative losses for the two projects had

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reached NRs9.5 billion ($128 million) and Rs19.5 billion ($267 million), respectively for

the past decade (Post Reporter, 2010).

The NEA has had a series of contractual disputes with international investors and

contractors, which has served to reduce investor confidence in Nepal. One long running

contractual dispute was with the Bhote Koshi Power Company Private Limited, the US-

Nepal joint venture that developed the Bhotekoshi project. The dispute centered on

NEA’s refusal to fully pay the company’s invoice from 2001. After a bitter five year

dispute that cost Bhotekoshi Power Company Private Limited shareholders about 10% of

their revenues every year, the two American investors, the Panda Global Holdings, a

Dallas-based energy company, and MCN Invest Corp, owned by DTE Energy, exited

from the Bhote Koshi power project by selling their 75% stake in the project to the

private Nepali energy company that owned 10 percent of the shares in the joint venture.

Upon the exit of the American investors, Bhotekoshi Power Company Private

Limited and the NEA reached an agreement to settle the dispute in 2008. Bhote Koshi

Power Company Private Limited agreed to renounce its claims to past payments in return

for NEA making future payments (Xinua News Agency, 2006). This episode caused a lot

bad press for Nepal in the international media. Todd W. Carter, President of Panda

Global Holdings that was forced to exit the project, had the following to say about the

episode:

Tantamount to any lender's ability to loan money for international construction is

the sanctity of the contract in the host country. International lenders will not find

projects in jurisdictions where the contracts upon which a financing is based, are

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not honored. Unfortunately, NEA has not honored the terms and provisions of the

PPA by withholding payments for energy produced and delivered under that

contract. The failure of NEA to fulfill its obligations go far beyond the

Bhotekoshi Power Company and the facility, as the fixture willingness of

international investors and lenders to make significant commitments to Nepal may

be adversely affected. That result is not desirable for NEA, the people of Nepal,

nor Bhotekoshi Power Company (Xinua News Agency, 2006).

Likewise, the NEA faced contractual disputes with a contractor for the Kali

Gandaki Hydroelectric project which was developed by NEA with ADB Financing. The

project construction was completed in 2002. In 2003, Impreglio, a contractor under the

project, demanded $2.5 million citing cost overruns, which was ignored by NEA.

Impreglio filed a case at the International Chamber of Commerce which awarded a

payment of $20 million to Impreglio from NEA but NEA refused to make the payment.

Instead NEA seized Impreglio’s US$ 2 million performance guarantee while at the same

time filing a case against Impreglio in Nepal’s courts. After ten years, NEA and

Impreglio agreed to an out of court settlement in 2012. The terms of settlement were not

made public (R. Bhusal, 2012).An evaluation of the Kali Gandaki project carried out by

the ADB had the following to say about the contractual dispute:

NEA was not able to resolve contractual issues in a timely manner. ADB assisted

in establishing action plans and proposed in March 1999 the establishment of a

dispute review board to assist in resolving matters between the concerned parties.

The proposal was not followed up. When decisions were delayed by NEA, the

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contractor was placed in the position where he had to commit resources without

assurance that he would be adequately compensated (ADB, 2012a).

Finally, electricity sector projects undertaken with local financing and

involvement of domestic players have shown better outcomes than projects undertaken

by foreign investors or with financing from donor agencies such as ADB and World

Bank. In early years of liberalization, there was limited involvement of local players in

the development of electricity generation projects. But this has changed in recent years,

with more local players getting involved.

A notable example of this is the Chilime hydropower company, which was

incorporated in 1995 with 51 percent equity going to the NEA, another 25 percent to

NEA employees and the rest to be offered to the public. Chilime owns and operates 22.1

MW power plant commissioned in August 2003, which was developed without any

international support. It sells bulk electricity to NEA at the long term PPA price. The

project has already paid off all its bank loans which has allowed it to become profitable.

The project was completed in 2003 at a cost of $1,616 per kW of installed capacity and is

one of the cheapest projects built in Nepal. The project is reported to have faced minimal

corruption, which is otherwise a major cost element for projects in Nepal (World Bank,

2009a).

A distinguishing factor in the success of the company has been its ability to

establish good relations with the local community, who were encouraged to participate in

the decision making process. Chilime, through its three subsidiaries, is currently

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developing four hydropower projects with aggregate capacity of 270 MW (Sustainable

Hydropower, 2014).

By contrast, electricity generation projects implemented with foreign financing

have been costlier and have also faced greater resistance from communities impacted by

the project. The cost of the Middle Marsyangdi project in Nepal for instance in excess of

US$6,000 per kW of installed capacity – 3 times as high as a typical project - and was

completed four years behind schedule. The delay was caused by protests and disruption

from local communities against the project (Unknown, 2013).

Proposition 4. There was opposition to efforts to institute rule based governance in Nepal

by groups who stand to lose out.

In the “institutions as equilibria” approach of NIE, institutions are understood as

self-enforcing equilibria or as system of factors that generate regularity of behavior42.

Institutional change occurs only very slowly and infrequently and requires the existing

institutional equilibrium to be undermined by exogenous or endogenous factors. Many

efforts to reform the institutional equilibrium are unsuccessful because they do not

change the underlying institutional equilibrium (Greif, 2006).

In Nepal, the establishment of strong rule based institutional framework would

have required the existing relation based equilibrium to be undermined by reform efforts.

42 For institutions to change, just a change in the formal system is not sufficient, but the entire institutional system (which includes informal beliefs norms and understanding of the relationship between actions and outcomes) has to change and a new institutional equilibria has to be reached.

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However, as suggested by the model in the previous section, such efforts would have

been opposed by people who stand to lose from the change. Unless reform efforts would

successfully facilitate fundamental shifts in the underlying parameters, the society would

revert back to its old equilibrium.

There is evidence to indicate that efforts to improve rule based governance have

had limited success in Nepal and have been opposed by interests with stakes in the

current system. An illustration of this is provided through a review of reform efforts in

NEA and capacity building efforts of donors.

• NEA Reforms

Historically, the administrative set up in NEA as well as the rest of the

government has been characterized by relation based values rather than formal rule based

values. According to Rameshwor (2005), administrative decisions in Nepal are

influenced by informal relationships rather than formal rules, including political

influence, personal connection (Afno Manchhe), and sycophancy (Chakari). Civil

servants commonly use their positions for their personal benefit. Common administrative

norms include slow decision making, excessive secrecy, ritualized official work, and

shifting responsibility to others. The administration is dominated by male Hindus of the

Brahmin, Chhetri and Newar castes (Rameshwor, 2005).

Energy sector assessments have highlighted the need to improve the governance

of the sector. Efforts to institute a merit and rule based culture were undertaken by a

reform oriented energy minister, Gokarna Bista, in 2011. Bista initiated reforms to reduce

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political interference, improve accountability, promote merit and institute rule based

governance. Specific reforms included:

• Recruiting the chief of the NEA based on merit through competition and

establishing market based pay.

Historically, the NEA Managing Director has been selected by the energy

minister based on personal and political connections. The Managing Director is expected

to deliver funds for the minister’s political party in exchange for the appointment. To

shield NEA from political interference and improve its financial and operational

performance, Bista pushed through with reforms to (i) select the NEA Managing Director

through an open and competitive process and based on market pay (The Kathmandu Post,

2011); and (ii) delegated the responsibility of chairing the Board of the NEA to the

Secretary of Energy, the top civil servant responsible for the Ministry of Energy (R.

Bhusal, 2011).

• Crackdown on electricity theft.

The first Managing Director to be selected through competition, Dipendra Nath

Sharma, initiated a crackdown on electricity theft in the country. The NEA carried out

inspections of electricity use in 80 major industries of the country and found that a

quarter of them were engaged in electricity theft. The power utility cut off power lines of

more than 2000 industries that had not cleared dues. The NEA also punished around

20,000 individual offenders for stealing electricity. In some instances, NEA staff were

attacked by locals and injured while disconnecting electricity lines (Post Report, 2011b).

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However, these reforms could not be sustained. There was a change in

government that resulted in minister Bista being replaced by another minister. Managing

Director Sharma developed differences with the new minister and tendered his

resignation soon after (Post Report, 2011a).

The new Managing Director, R. Yadav, was not appointed on a competitive basis.

In fact, soon after the new Managing Director took over, he was accused of being

involved in the involved in unauthorized supply of electricity to more than a dozen

industries, causing losses worth millions of rupees to the government (Poudel, 2013).

Likewise, the new energy minister soon went back to chairing the NEA Board. The

reforms initiated by Bista and Sharma could not be sustained and there was reversion to

the old equilibrium.

• Capacity Building Efforts

Recognizing institutional weaknesses of Nepal’s electricity sector, international

donors such as the ADB and the World Bank have carried out a series of technical

assistance and capacity building activities. The project completion reports of these

interventions indicate these efforts have been unsuccessful in improving governance in

the electricity in sector. Mostly, these technical assistance activities have focused on

improving the infrastructure necessary for rule based governance as well as technical

knowledge. Individual activities have almost inevitably had poor results or results that

have not been sustained upon the completion of the activity. The performance evaluation

report of ADB’s Kali Gandaki project had the following to say about the project’s

technical assistance efforts:

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The project included two technical assistance operations intended to strengthen

NEA’s Environment Division and NEA’s power system master planning capacity,

which were relevant in the context of NEA’s institutional needs. The outcome of

the product extended to the government, however, is not clear. It was evident that

there was no full and lasting transfer of technical knowledge.

Section 5: Evolution of Social Beliefs and Culture in Nepal and Gujarat

This section considers the history of Nepal and Gujarat to investigate the factors

that could be responsible for the differences in their institutions. While Gujarat and Nepal

shared significant social and cultural similarities in the distant past, they have been on

divergent social and cultural paths for about a millennium, a process accelerated by the

British colonization of Gujarat two hundred years ago. As a result of these divergent

paths, including British influence and greater exposure to western ideas and institutions,

institutions in Gujarat evolved to be more consistent with rule based governance. In

Nepal, by contrast, collectivist and relation based governance structures continued to

prevail till the early 1990’s. This difference in the institutional equilibrium contributed to

Gujarat and Nepal having different reform outcomes, with Gujarat being more successful

(Figure 6.10 summarizes the evolution of institutions in Gujarat and Nepal).

Section 5a: Gujarat and Nepal: A Common Cultural Past

Gujarati and Nepali societies both share their origins in ancient Indian/Hindu

culture that took root in South Asia from 1000 BCE to about 1000 CE. Ancient India was

characterized by collectivist and relation based structures. The society was predominantly

Hindu and organized according to Hindu rules and edicts as elaborated in the tenth

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century Manu Smriti. This implied organization of the society in terms of a highly rigid

and hereditary caste system and a subservient role for women. As per this system,

commercial and business activity was the sole privilege of the members belonging to

Vaishya castes. There was a family based system where members of the same caste and

family pooled their resources to maintain the family and invest in business ventures

(Jones, 1796).

Figure 6.10 – Evolution of Institutions in Gujarat and Nepal

Gujarat Nepal

The system ensured younger members were trained and employed in the family

business. Part of the explanation for the system was that the similar background of

members made monitoring of behavior and enforcement of punishments easier.

As a result of British influence, greater interaction with other individualist and rule-based systems, long experience with democracy, and indigenous reform movements, Gujarat had a more robust institutional environment (Level 2) at the time of reform; Likewise, Gujarat’s social customs and beliefs (Level 1) had evolved to become more individualistic and encouraged people to follow a rule based systems.

As Nepal had remained in isolation from the rest of the world and had largely operated under a traditional monarchy, Nepal’s institutional environment (Level 2 institutions) was weak. Similarly, at the time of reform, social beliefs and norms (Level 1) still gave preference to collectivist and relation based social arrangements such as family and caste (i.e. they did not encourage people to follow formal rules and systems).

Reforms were adopted (mainly at Level 3 and 4) in both Nepal and Gujarat in the early 1990’s. However, while Gujarat adapted well to changes to these levels because of the strength of its formal institutions/rules and it’s relatively more individualistic social norms, Nepal had a difficult time adjusting to these reforms. As result, reforms performed poorly in Nepal.

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Coordination was based on informal mechanisms such as custom and oral tradition.

Merchants seldom took initiative to enter into inter-economy arrangements because

collective punishment did not extend to inter-economy transactions (Majumdar, 1920).

What thus prevailed in South Asia was a variation of the relation based and collectivist

system seen among the Maghreb’s in the eleventh century (Greif, 2006). These systems

were dominated by collectivist cultural beliefs with economic self-enforcing collective

punishment and horizontal agency relations.

Section 5b: Development of Separate Cultural Identities

The Islamic invasion of India starting in the 1100 CE caused communities settled

in north India to migrate northwards in search of safe haven to areas in present day

Nepal. This migration started at the end of the twelve century continued till well after the

fourteen century43. The intruding refugees were in such large number that they

encroached upon the fertile land of the indigenous settlers and drove them to the slopes of

the hills. These settlers brought with them the culture and traditions of India (which later

came to be known as Hinduism) and propagated systems and institutions in accordance

with these (Kansakar, 2012). While initially, Nepal existed as collection of numerous

kingdoms and principalities, starting in the middle of the 18th century, Prithvi Narayan

Shah, the monarch of one of these kingdoms whose ancestors had migrated from India,

was able to annex many of these kingdoms and principalities into one large nation. Upon

43 The Mallas seem to have entered the Kathmandu Valley from the eastern Tarai at the end of the twelfth century, while the Shah (the dynasty that ruled Nepal till 2006 and the descendants of the Rajputs of Chitor, India) from the western Tarai in the fourteenth century and established their domain in Gorkha.

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his death, the consolidation of small kingdoms and principalities was continued by his

descendants.

According to Sharma (2002), the religious ideology of the migrants can be

characterized as “defensive Hinduism” in that their migration was motivated by defense

of their faith against the growing tide of Islam. This included the hierarchical caste

system and collectivist and relation based structures. These settlers were very inward

looking and discouraged interaction with people from other cultures and countries.

Contact with the western world and cultures in particular was particularly looked down

on (S. Sharma, 1992).

As coastal region, Gujarat on other hand grew organically as part of ancient

India44. This included interactions with invading Islamic communities as well as exposure

to business communities in other parts of the world. Gujarat’s location on the major

inland trade routes, availability of raw material and skilled labor, easy access to sea ports

helped simulate its trading and manufacturing activities. By the 17th Century, Gujarat

had developed as a robust industrial and commercial center. J. Alberto de Mandelslo, a

German traveler who visited Ahmedabad, the capital of Gujarat, in 1638 wrote: “There is

not in a manner any nation nor any merchandise in all Asia which may not be had at

Ahmedabad” (Commissariat, 1931)

William Finch, an Englishman in 1611 writes: “Amadavade is goodly city

situated on a fair river…the buildings comparable to any city in Asia or Africa…the

44 Gujarati as a language emerged in the 13th century from variation of Sanskrit.

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streets large and well paved, trade great (for almost every ten days go from hence two

hundred coaches richly laden with merchandise for Cambay), the merchants rich, the

artificers excellent for carvings, paintings, inlaid works, embroidery with gold and silver”

(M. Mehta, 1991, p.92)

It had a vibrant business culture that set it apart from the other regions in India. In

divergence from the traditional Hindu system, Gujarat had sizable number of merchants

and entrepreneurs that cut across caste and religious communities. The difference in caste

and community affiliation did not prevent Gujarati businesses from collaborating with

each other. They repeatedly put up a united front on issues such as negotiations with the

European traders, piracy and utilizing business institutions for enlarging the scope of

business. According to Mehta: “The fact that members of the non-Vaishya castes came

forward to assume business roles in spite of their religious traditions and conventions

suggests that Gujarat experienced some “propitious moments” which had weakened if not

shattered the customary occupational barriers” (M. Mehta, 1991p.48).

The capital city of Gujarat, Ahmedabad, had developed a professional guild of

merchants. These merchants cut across the caste and community lines and they controlled

admission of new members to them, safeguarded their member’s rights, kept up

standards, decided upon wages and holidays and deliberated on interests of the city as a

whole. Merchants had also developed a sophisticated hundi network in the country to

facilitate commercial transactions (S. Mehta, 1984).

Gujarati merchants were exposed to business instruments such as forward

contracts to buy and sell goods as a result of their interactions with European traders. For

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instance, on account of growing incidence of piracies, several Gujarati merchants entered

into forward contracts with Europeans. The emergence of forward contracts in India

resulted from the needs of the European companies to sell their goods in a way that could

facilitate multilateral trade (M. Mehta, 1991, p.43).

Section 5c: Interaction between East India Company and Gujarat

The very deep and sustained interactions of Gujarati businessmen with the British

East India Company over a long period of time exposed Gujarat to formal and rule based

governance systems. The British East India Company gained a foothold in India at the

beginning of the seventeenth century as (1612) as a result of commercial treaty between

King James I envoy Sir Thomas Roe and Mughal Emperor Nuruddin Salim Jahangir (r.

1605 – 1627)45 (Lawson, 2014).

Recognizing the commercial importance of Gujarat, the East India Company

chose Surat, a major commercial center in the state, as its headquarters in Western India.

The East India Company was a joint-stock company based in a society that had evolved

to create institutions that were supportive of economic growth such as “an explicit set of

multiple veto points along with primacy of the common law courts over economic

affairs” (North & Weingast, 1989). The company relied on a vertical structure and had

recourse to formal structures such as the court of law and enforcement mechanisms that

45 The company received a Royal Charter from Queen Elizabeth in 1600,[4] making it the oldest among several similarly formed European East India Companies. Wealthy merchants and aristocrats owned the Company's shares.[5] Comment: What are [4] and [5] supposed to designate? The government owned no shares and had only indirect control.

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protected the traders and coordinated their actions46. This reduced the transaction cost of

doing business and enabled the company to undertake operations on a large scale in India

(Keay, 1991).

The joint-stock organization enabled the company to spread a large network of

trading posts and facilitated effective coordination of its personnel and resources. The

organizational structure of the East India Company was headed by a President. Next to

the President in the structural hierarchy was the accountant who maintained general

accounts. He also signed all the bills, though it was treasurer who kept the cash. Last of

all was the Secretary who modeled all consultations, wrote letters and carried them to the

President, to be processed and signed. He also kept the company’s seal which was affixed

to all passes and commissions (M. Mehta, 1991).

Gujarati businessman had extensive interactions with the East India Company.

One of the ways in which Gujarati merchants exercised influence over the East India

Company was by lending large amounts of money to them. Gujarati businessman actively

responded to the growing demand for Indian products by the East India Company. One of

the key relationships of the East India Company in Gujarat in the Seventeenth Century

was with Virji Vora, who was a wholesale trader dealing in wide range of commodities.

Unlike the East India Company, Vohra’s business was a large family business. Vohra

was highly astute trader and earned huge profits in the spice trade (M. Mehta, 1991).

46 The emergence of these systems in British society has been analyzed by North and Weingast (1989). Comment: This should appear in the works cited. Constitutions and commitment; the evolution of institutions governing public choice in seventeenth-century England. The Journal of Economic History (1989), 49: 803-832.

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These interactions exposed Gujarati traders to the effectiveness of rule based

systems of the East India Company. The modes of operation and methods that Gujarati

trader used to achieve their ends were also quite sophisticated. In particular, they

exhibited an excellent business sense and ability to find profits given the surrounding

they operated in. An official of the East India Company had the following to say about

Virji Vora’s pepper trade in the 1643:

I understand that Virgee Vora yearly sends downe his people hither to callibutt

with cotton and opium by which he doth not gain less than double his money to

those people he buyeth his pepper off, and afterwards disposeth of his pepper to

us for double what it cost him; for I find pepper to be worth here but 15.5 and 16

fannams the Maund, which is not halfe the rate hee usually valuawath to our

people in Surat (M. Mehta, 1991, p. 56).

However, the company enjoyed significant advantages from being a large scale

joint-stock organization. For instance, the East India Company, with its vast human and

material resources often received privileges from the emperors. Compared to Gujarati

traders, the Company employees were numerically greater and also took interest in

political events and made efforts to turn the situation to their Company’s advantage.

Section 5d: British Conquest of India

The East India Company enjoyed significant business and military success in

India. By middle of the eighteenth century, the Company had come to rule large areas of

India with its own private armies, exercising military power and assuming administrative

functions. The British replaced Marathas as rulers of Ahmedabad in 1818. This set the

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stage for further interaction between the British and Gujarati society and for the gradual

transformation of the relation based and collectivist governance structures in Gujarat.

Mehta (1991) speaks of the birth of new entrepreneurial climate upon the takeover

by the British. Having gone through their capitalistic processes culminating in the

Industrial Revolution, the British took great care in safeguarding the property rights of

Gujarati businessman. The Gujarati merchant class responded positively to the change in

the ruling class. The businessman who had resented arbitrary interference by the previous

Maratha regime in their business and property matters welcomed the British system that

operated on laws and rules and safeguarded property rights. The Gujarati businessman

even made voluntary contributions for the improvement of roads and markets and the

general sanitation of the city. The British encouraged them to start newspapers and

journals and to establish libraries, schools for boys and girls and hospitals. A journal,

Buddhiprakash, which was started in 1850 with donations from businessmen, become a

harbinger of new ideas, providing useful information on the latest industrial

developments in Western Europe and the United States, including electricity, textile

machines, telegraph and modern sewing.

Several British individuals took particular interest in the social and cultural

evolution of Gujarat. R. Carr Woods for instance was one of the first Englishman to

initiate Gujarati merchants into European methods and machines. He came to Gujarat

around 1845 to study cotton regions. He assured the merchants that they would make

huge profits by setting up a modern industrial enterprise. He was instrumental in Gujarati

businessmen forming a joint-stock company for a paper mill. This was followed by

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efforts to establish a cotton mill. Both the projects ended up not getting off the ground,

but these efforts provide useful evidence of the impact of British rule and western

contacts on people living in Gujarat.

Eventually Ranchodlal, an ex-Gujarati civil servant from the Brahmin caste, was

able to get a modern cotton spinning company, the Ahmedabad Spinning and Weaving

company, off the ground. The company was set up on a joint-stock principle with an

authorized capital of Rs300,000 divided into 60 shares. His first effort to import

equipment from England failed after the ship carrying it sank into the sea. But since the

machinery was insured, Ranchodlal immediately placed fresh orders. Ranchodlal was

eventually able to start production at his new factory in May 1861 (M. Mehta, 1991,ch.

10).

This example demonstrates the changes in the business environment and culture

introduced by the British in Gujarat. Unlike earlier breed of Gujarati businessmen,

Ranchodlal was able to set up a modern industry. It also shows that caste affiliation was

not a major obstacle in participating in business activities in Gujarat, as evidenced by the

success of Ranchodlal who was from the Bramhin priest caste.

Following the Indian Rebellion of 1857 against the East India Company, the

Government of India Act 1858 led the British Crown to assume direct control of India,

which lasted for another century. During this period, the British gradually established a

wide array of governance structures and institutions, including courts, law enforcement

agencies, a new penal code, and codes of civil and criminal procedure to facilitate their

rule in India. Compulsory registration of life events as well as adoptions, property deeds,

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and wills were enforced with the intention of creating a stable, usable public record and

verifiable identities (Singha, 2003). They also gradually introduced various elements of

thinking associated with the enlightenment. For instance, the British outlawed

untouchability, promoted the education of women and reduced caste discrimination.

While many traditional social structures and institutions of India continued to

operate in parallel, the introduction of new thinking set into motion a process that

undermined old institutions and systems. The introduction of new elements can be seen

as bringing about marginal shifts in the value of “quasi-parameters,” rendering existing

institutions no longer self-enforcing (Greif, 2006p.182). This process was facilitated by a

new generation of Indians such as Raja Rammohun Roy, Mohandas Gandhi and

Jawaharlal Nehru who had grown up under the British education system and were

intimately aware of the strengths the system. Roy led a large social movement to rid the

country of the caste system as well as other social and cultural anomalies (Mukherjee,

2014). Gandhi and Nehru were involved in formal organizations such as the Indian

National Congress to lead the political mobilization against the British and were at the

fore front of the efforts to modernize India (Bevir, 2003).

Upon India’s independence in 1947, the country used the legal, administrative and

institutional framework established by the British. Independent India was established as a

secular democratic republic with official separation between the state and the religion.

English was adopted as one of the fourteen national languages. While the changes in

informal rules, norms and culture were often slower than the changes in the formal set up,

there was also noticeable evolution in these (Dalmia & Sadana, 2012). This change was

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particularly notable in more progressive and economically advanced Indian states such as

Gujarat. The influence of caste in the society declined. Business and commercial activity

was now undertaken by members of all castes and traditional relation based and

collectivist systems were no longer dominant.

Section 5e: Evolution of Institutions in Nepal

Nepal on the other hand was both geographically and economically isolated from

the rest of the world. The difficult terrain in much of the country and widespread

prevalence of malaria in the lowland forests of Nepal made it very difficult to foster deep

economic or cultural interactions with the rest of the world.

Even as the area that now falls under the state of Gujarat was successfully

annexed by the British East Indian Company, the Shah dynasty of Nepal, aided greatly by

its army’s knowledge of the terrain and guerilla military tactics, successfully repelled

British attempts to annex the country several times. It eventually signed a treaty with the

British in which it ceded large parts of its territory in exchange for autonomy (Whelpton,

2005).

Nepal was ruled by an absolute monarchy or a party-less and autocratic oligarchy

and exist as a “Shangri-La” in significant isolation from British ruled India for much of

the time until the 1990’s. While the geography of Nepal had much to do with this

isolation, the rulers of Nepal fearful of losing power encouraged this. Emigration of the

Nepalese overseas in these times was conditioned by the existence of “Pani Patia” (caste

purification). Any Hindu who went overseas was automatically out-caste and the

ceremony performed to readmit him in his own caste is known as “Pani Patia.” This

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orthodoxy remained in place for a long time and continued to influence the thinking of

people even after it ceased to be enforced by the government in the early twentieth

century (S. Sharma, 1992, p.272).

According to Sharma (1992), in the early period of unification, when the Nepalese

state came into contact with the East India Company, it resisted its influence by limiting

interactions, including by banning the import of goods from the East India Company and

encouraging local artisan and craft products. At the time when the British were

establishing a transport and industrial infrastructure in India, the Nepalese ruling class did

not allow railway lines inside Nepal.

There was a symbiotic relationship between Hindu religion and the state during

the formative years of Nepal. Since the legitimacy of the monarchy relied on Hindu

beliefs that consider the monarch to be an incarnation of the Hindu god Vishnu, Hindu

religious beliefs and norms received priority. The caste system had official sanctions. In

1954, for instance, a legal code was introduced which reinforced the symbiotic

relationship between Hindu religion and the Nepalese state by formally institutionalizing

caste into state polity (S. Sharma, 1992, p.269).

The religious ideology of Nepal’s ruling class not only insulated them from

foreign Muslim and later Christian influences but also distanced them from Hindu

reformers in India such as Raja Ram Mohun Roy and Mahatma Gandhi. While reformers

in India reinterpreted Hindu Scriptures to advance social justice and make room for

modern institutions, the state sponsored “defensive Hinduism” in Nepal precluded this

possibility. The Nepalese version of Hinduism served as a bulwark against the

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introduction of modern ideas and institutions. Christian missionaries were forbidden from

entering into the country. In keeping with Hindu norms, business and commercial activity

was limited to the members of the Vaishya caste and little effort was put into developing

formal rules and mechanisms for businesses. The Marwari and Newar sub-castes in

particular emerged as the most important merchant class in Nepal (S. Sharma, 1992,

p.272).

There was some opening up to the external world in the 1950’s but these changes

were largely superficial47. Nepal maintained its status as the only official Hindu state in

the world. The country was ruled through large relation based patronage network around

the King. The state apparatus during this period was effectively in the hands of a

hereditary aristocracy. Since it ultimately controlled both the administrative and military

organs of the government, this class did not allow any other self-reliant class outside of

the state to emerge (S. Sharma, 1992p.273).

Nepal did not have a widely dispersed business community, and “crony

capitalism,” where a select few who had privileged access to the ruling class, were

successful in getting business opportunities. Overall, Nepal had a highly “segregated”

social structure with limited interaction between individuals of different social and

cultural groups.

47 This marked the beginning of the formal break with Rana regime and reinstatement of Shah King. There was brief experiment with multiparty democracy, which was outlawed by the King Mahendra Shah. King Mahendra Shah instead introduced the Panchayat rule with the Monarchy assuming absolute powers.

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Section 5f: Nepali and Gujarat in the Early 1990’s

Thus when Nepal and Gujarat both embarked on electricity market reforms in the

early 1990’s, they had different social and cultural norms and institutional and

governance structure. After more than two hundred years under a formal rule based

system established by the British (the last 40 years as an independent nation), Gujarat

was accustomed to a rule based system and had well-functioning institutions for

adjudicating commercial cases and formal contract enforcement. Business and

commercial activity was not limited to selected group of castes or families. The capital

market was relatively efficient. Caste was no longer dominant in the business and

commercial sphere.

Nepal, on the other hand, was a highly traditional society. Nepal’s private sector

was dominated by a group of families from the Vaishya caste. The King and the

government directed credit to favored families and businesses. Nepal relied excessively

on international development agencies for infrastructure investments. The government

was not used to managing complex contractual arrangements with the private sector even

as vested interests opposed the move to a new rule based system.

Nepal transitioned to a democracy in 1990 following a popular revolution. The

newly elected Nepali Congress government pushed through with a number of ambitious

reforms, including in the electricity sector, at the behest of international aid agencies

(World Bank, 1994). However, these rules and regulations were not undertaken through

broad based consultations and did not have buy-in from the population (Nepal & Jamasb,

2012a).

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The different starting point of institutions in Nepal and Gujarat in the 1990’s had

a powerful impact on electricity market reforms in these two places. The starting point of

the institutional set up is important for electricity market reforms because of the nature of

transactions involved in these reforms. Prior to the reforms of the 1990’s, the electricity

sector in both Gujarat and Nepal were under state owned vertically integrated utilities,

which implied limited interactions the private sector48. The adoption of electricity market

reforms changed this situation. The electricity sector was now open to both domestic and

international private sector players. These players needed access to finance and had to

enter into contracts with each other as well as the government. Since external financing

was needed for undertaking large projects, investors needed to have confidence in the

country’s systems. The success of complex and inter-economy transactions required

effective formal rules and institutions to be in place. On all of these fronts, Nepal was less

prepared than Gujarat.

Section 6: Rankings of Gujarat and Nepal in Governance Indices

Support for the assertion regarding the relative strength of formal institutions of

Gujarat and Nepal is also found in International Perception Indexes such as the World

Economic Forum’s Global Competitiveness Opinion Survey and the Organization for

Economic Cooperation and Development’s Country Risk Classification and

Transparency International Corruption Perception Index. In all these rankings, India

48 State-owned utilities had access to financing from the government and international development agencies. While Gujarat contracted with private sector players for construction of power plants, Nepal relied on international donors to help manage procurement and construction.

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scores significantly higher than Nepal. Since Gujarat is one of the top ranked states in

India in governance according to intra-state indices, these rankings provide further

evidence of the strength of formal institutions in Gujarat relative to Nepal.

• The Global Competitiveness Opinion Survey

The Annual Global Competitiveness Reports of the World Economic Forum

examine the many factors enabling national economies to achieve sustained economic

growth and long term prosperity. The Global Competitiveness Index for 2014 ranks 148

countries and provides a useful indication of the each country’s attractiveness to

international investors. Nepal does not score highly in the latest analysis with a ranking

of 117 out of 148 countries. India is ranked 50 (Schwab & Salai Martin, 2013).

The Global Competiveness Report includes a comprehensive set of results from

the World Economic Forum’s Executive Opinion Survey. Survey questions asked for

responses on a scale of 1 to 7 where an answer of one corresponds to the lowest possible

score and an answer of seven corresponds to the highest possible score. Many of the

questions are related to the strength of the formal institutional framework. A selection of

results for Nepal and India is reproduced below. The scores for Nepal are lower than

India for all variables (Table 2-16.3).

Table 6-3 - Scores of Nepal and India on Different Governance Variables

2014

Score

Rank out of 148

countries

Variable Nepal India Nepal India

1.05 Irregular payments and bribes, 1-7 (best) 2.8 3.2 126.0 110.0

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1.10 Efficiency of legal framework in settling disputes,

1-7 (best) 2.9 3.8 123.0 62.0

1.07 Favoritism in decisions of government officials, 1-

7 (best) 2.7 2.8 103.0 94.0

1.12 Transparency of government policymaking, 1-7

(best) 3.7 4.2 110.0 61.0

1.01 Property rights, 1-7 (best) 3.5 4.4 114.0 58.0

1.02 Intellectual property protection, 1-7 (best) 2.9 3.7 117.0 71.0

1.16 Reliability of police services, 1-7 (best) 3.7 4.0 103.0 82.0

1.06 Judicial independence, 1-7 (best) 3.3 4.7 92.0 40.0

1.17 Ethical behavior of firms, 1-7 (best) 3.2 3.7 132.0 86.0

1.21 Strength of investor protection, 0–10 (best) 5.3 6.0 69.0 41.0

• Organization for Economic Cooperation and Development (OECD) Country

Risk Classification

The OECD assesses country credit risk by using its Country Risk Classification

Method which classifies countries into eight country risk categories (0-7). Although the

classifications are intended for a specific purpose, they provide an indication of the

strength of formal institutions in countries. Nepal currently has the lowest rating (7)

available under this classification; India has middling rating of 3 (OECD, 2013).

Table 6-4 shows the minimum risk premium calculated using the formula under

similar conditions for countries in the different risk bands. For example, if a project in

India is financed at 5%, a similar project in Nepal would be financed at 8.5% per annum.

In terms of commercial borrowing this represents a significant additional cost for Nepal

over India.

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Table 6-4 - Risk Premiums for Different Countries

Country Risk

Classification

Country

Risk Premium

0 USA, Japan 0

1 Slovak Republic 0.6

2 Chile, China 1.0

3 India, Brazil 1.7

4 Philippines 2.4

5 Paraguay 3.3

6 Bangladesh 4.2

7 Nepal, Laos 5.2

• Corruption Perception Index

The Transparency International Corruption Perception Index measures the

perceived levels of public sector corruption in a given country and is a composite index,

drawing on different expert and business surveys. The 2013 Corruption Perception Index

scores 177 countries on a scale from zero (highly corrupt) to 100 (highly clean). Nepal

has a score of 31 and ranking of 116 while India has a score of 36 and ranking of 94

(Transparency International, 2013).

• Ranking of Gujarat among Indian States

The Economic Freedom of the States of India, 2011, estimates economic freedom

in the twenty biggest Indian states, using a methodology adapted from the Fraser

Institute’s Economic Freedom of the World annual reports. The Indian Index ranks 20

states of India for which data is available. The researchers have used published data from

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official sources or reputed institutions to produce the index. Gujarat ranks number one on

the index out of twenty states (Aiyar, 2012).

The Indian Index is based on the three parameters: size of the government, legal

structure and security of property rights, and regulation of business and labor. The second

parameter – legal structure and security of property rights49 - directly measures the

strength of formal institutions. Gujarat ranks 4 out of twenty on this parameter.

Section 7: The Role of Political Instability

In absence of strong formal institutions and mechanisms, the folk theorem implies

that informal and relational arrangements between the government and investors can be a

more practical way to achieve cooperation50. The insight is based on the idea that when

agents interact only once, they have an incentive to deviate from cooperation. But in a

repeated interaction over a sufficiently long horizon, players have an incentive to sustain

a mutually beneficial outcome (A. K. Dixit, 2007, p. 60).

Dixit modifies this principle to apply it to a kleptocratic and rent seeking

government. He shows that if there is constant turnover of kleptocratic and rent seeking

government (i.e. if the state predators are “roving bandits”) the incentives to produce and

49 The efficiency of the government in protecting human life and property is measured by this category. The quality of

the justice mechanism is measured by the availability of judges, by the completion rate of cases by courts, and by investigations by the police. The level of safety in the region is measured by the recovery rate of stolen property, and by the rate of violent and economic crimes. 50 A formal contract explicitly specifies the penalty and it is enforced by the court. In repeated games, the penalty is indirectly imposed through future interaction. When agents interact only once, they often have an incentive to deviate from cooperation. In a repeated interaction, however, any mutually beneficial outcome can be sustained in an equilibrium.

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invest can be destroyed completely. However, if the kleptocratic and rent seeking

government is expected to be long lived (i.e. a stationary bandit), the government will

recognize that they stand to gain over the long run by committing themselves not to steal

too much at any one time. Such a kleptocratic government will also recognize the need to

give sufficient incentive to high value investors, as this will increase their net extraction

(A. K. Dixit, 2007, p.130).

In the context of Nepal’s reforms, which was characterized by rent seeking

behavior from the state, stability of political players could have gone a long way towards

ensuring mutually beneficial outcomes with the private sector. However, political

instability has made successive governments remarkably short sighted in their

interactions with the private sector (i.e. has made them behave like roving bandits). Since

1990, Nepal’s has had more than 22 changes in government (Table 6-5). Political energy

and attention has been focused on power struggles, coalition management, and infighting,

with very little effort expended on creating an attractive environment for investors.

Legitimacy of those issuing the rules is central to bringing about reforms in existing rules

and institutions (Greif, 2006, p. 148). However, since Nepal has had many governments

that have lacked the popular mandate, their decisions have lacked legitimacy and have

not been accepted by all stakeholders.

Table 6-5 - List of Prime Ministers of Nepal Since 1990

From To Prime Minister

Number of

Days in Office Party

19-Apr-90 26-May-91 Girija Prasad Koirala (1/5) 402 Nepali Congress

26-May-91 30-Nov-94 Man Mohan Adhikari (1/1) 1284 Communist Party of Nepal (Unified Marxist-Leninist)

30-Nov-94 12-Sep-95 Sher Bahadur Deuba (1/3) 286 Nepali Congress

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12-Sep-95 12-Mar-97 Lokendra Bahadur Chand (3/4) 547

Rastriya Prajatantra Party (Chand)

12-Mar-97 7-Oct-97 Surya Bahadur Thapa (4/5) 209 Rastriya Prajatantra Party

7-Oct-97 15-Apr-98 Girija Prasad Koirala (2/5) 190 Nepali Congress

15-Apr-98 31-May-99 Krishna Prasad Bhattarai (2/2) 411 Nepali Congress

31-May-99 22-Mar-00 Girija Prasad Koirala (3/5) 296 Nepali Congress

22-Mar-00 26-Jul-01 Sher Bahadur Deuba (2/3) 491 Nepali Congress

26-Jul-01 4-Oct-02

Direct rule by King Gyanendra Bir Bikram Shah 435 Nepali Congress

4-Oct-02 11-Oct-02 Lokendra Bahadur Chand (4/4) 7 Rastriya Prajatantra Party

11-Oct-02 5-Jun-03 Surya Bahadur Thapa (5/5) 237 Rastriya Prajatantra Party

5-Jun-03 3-Jun-04 Sher Bahadur Deuba (3/3) 364 Nepali Congress (Democratic)

3-Jun-04 1-Feb-05

Direct rule by King Gyanendra Bir Bikram Shah 243 —

1-Feb-05 25-Apr-06 Girija Prasad Koirala (4/5) 448 Nepali Congress

25-Apr-06 28-May-08 Girija Prasad Koirala (5/5) 764 Nepali Congress

18-Aug-08 25-May-09 Prachanda 280 Unified Communist Party of Nepal (Maoist)

25-May-09 6-Feb-11 Madhav Kumar Nepal 622 Communist Party of Nepal (Unified Marxist-Leninist)

6-Feb-11 29-Aug-11 Jhala Nath Khanal 204 Communist Party of Nepal (Unified Marxist-Leninist)

29-Aug-11 14-Mar-13 Baburam Bhattarai 563 Unified Communist Party of Nepal (Maoist)

14-Mar-13 11-Feb-14 Khil Raj Regmi 334 Nonpartisan

11-Feb-14 Incumbent Sushil Koirala 131 Nepali Congress

Politically instability is not a factor when a country has strong rule based

governance, which can ensure that commitments of one government are respected by

another. This is borne out by the case of Gujarat. Gujarat had high political instability in

the first decade of reforms (see Table 6-6) but it managed to attract substantially more

private investment in electricity generation than Nepal.

Table 6-6 - List of Chief Ministers in Gujarat

From To Chief Minister

Number of Days in

Office Party

10-Dec-89 4-Mar-90 Madhav Singh Solanki 85 days Indian National Congress

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4-Mar-90 17-Feb-94 Chimanbhai Patel 1445 days JD(G) + JD + BJP

17-Feb-94 14-Mar-95 Chhabildas Mehta 391 days Indian National Congress

14-Mar-95 21-Oct-95 Keshubhai Patel 221 days Bharatiya Janata Party

21-Oct-95 19-Sep-96 Suresh Mehta 334 days Bharatiya Janata Party

19-Sep-96 23-Oct-96 (President's rule) N/A

23-Oct-96 27-Oct-97 Shankersinh Vaghela 370 days Rashtriya Janata Party

28-Oct-97 4-Mar-98 Dilip Parikh 128 days Rashtriya Janata Party

4-Mar-98 6-Oct-01 Keshubhai Patel 1312 days Bharatiya Janata Party

7-Oct-01 22-May-14 Narendra Modi 4610 days Bharatiya Janata Party

22-May-14 Incumbent Anandiben Patel 31 days Bharatiya Janata Party

Section 8: Conclusion

The power sector reform experiences of Gujarat and Nepal suggest that the

strength of formal institutions rules and the nature of social norms and customs had a

significant influence on the outcome of reforms. Aided by the strength of its formal

institutional framework and more evolved social norms and customs that encouraged

people to follow formal rules, reforms in Gujarat were a success. The weakness of the

formal institutional framework and the predominance of relation based norms and

customs in Nepal that led to limited compliance with formal rules, by contrast, limited the

success of power sector reforms there.

Although Nepal and Gujarat shared a common historical and cultural past, the

Islamic invasion of India and colonization of Gujarat by the British proved to be

important diverging points in the historical evolution of formal and informal institutions

in these two places. Subsequently, Gujarat achieved more progress in establishing a well-

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functioning formal institutional framework than Nepal. These findings provide further

credence to arguments that favor tailoring economic and sector reforms to specific

institutional conditions of countries.

In analyzing the strength of institutions, the difference in quality of formal

institutions as well as the informal norms and customs between developed and

developing countries is well recognized. Developed countries are known to have strong

formal rules and institutions and individualistic social norms while developing countries

are recognized to have weak formal systems and collectivist belief systems. What is less

recognized is that there may be significant variance in these factors even among

developing countries. The findings of this dissertation suggest a notable difference in the

strength of formal institutions and nature the social norms between Gujarat and Nepal

and highlight the importance of taking this into account while designing reforms in

developing countries.

Efforts to reform the electricity sector in Nepal undertaken by the government as

well as development agencies such as the World Bank and the ADB have focused to a

large extent on getting the content of electricity market reform measures such as

unbundling, privatization, and establishment of a power market right. At the same time,

government and utility officials have been provided technical training on the operations

of utility and electricity market operations. The analysis in this chapter suggests that such

measures will have limited traction unless there is a more fundamental transformation

towards rule based governance.

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This analysis has several limitations. First this analysis does not explain the

difference in sector performance among Indian states, which shared a similar history after

the arrival of the British. British rule is likely have interacted differently with the culture

and specific situation of each state; some states are likely to have been more successful in

establishing rule based systems than other states. Future work in this area could compare

the reform experience of different states within India.

Second, this analysis points out the importance of promoting social norms, habits

and customs that are supportive of formal rule based governance but does not provide

detailed insights on how a country or a state could go about doing that. Others such as

Dixit have provided some guidance. However, as Dixit acknowledges, this still does not

“constitute an overall framework for understanding institutional change” and more

research is needed in this area.

Third, this analysis subsumes political instability under the overall framework of

rule based and relations based governance. It finds that political instability is not a factor

once a country has established strong rule based governance systems since decisions of

one government are honored by the following government. It sees political instability to

be particularly harmful in the countries with weak rule based governance systems since

agreements and contracts of one regime are not likely to be honored by another regime.

However, it may be possible to build alternate frameworks that analyze the impact of

political stability independent of the rule based vs relation based model. While it is not

clear if such a framework would yield different results, such a framework may provide

additional insights.

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Fourth, there are limitation associated with analytical narrative methodology used

in this study. The analytical narrative in this study uses a model of rule based and relation

based systems to isolates the relevant strategic elements in the reform process: the key

actors, their goals, and their behavior. The model highlights the issues to be explored and

the general considerations and evidence that need to be examined, while knowledge of

the historical context is used to develop a conjecture regarding the relevant institution.

Evidence is provided to support the causal claim on the role played by rule based

governance in electricity sector performance. While an effort was made in this study to

consider and rule out competing explanations and causal claims, it may be possible to

analyze the performance of reforms using framework and models outside the rule based

and relation based framework such as labor laws, geography, and human capital.

Chapter 7 - Policy Recommendations

As seen in previous chapters, the use of mixed methods to assess the effectiveness

of electricity market reforms in South Asia yields a number of insights on reforms that

have worked and areas for improvement in electricity market reforms in South Asia. The

first part of the dissertation – a standard econometric analysis of reforms using fixed and

random effect models – is useful in analyzing the impact of the observable elements of

institutional reforms namely introduction of private sector participation, establishment of

regulatory agencies, and unbundling of utilities on performance indicators. This analysis

addressed well defined questions associated with reform and produced generalizable

results.

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The second part of dissertation – an analytical narrative on the reform experiences

of the Indian state of Gujarat contrasted with Nepal – carried out an examination of

“deep” institutional factors that have an impact on reforms. This was achieved through an

analysis of the introduction of IPPs in these two places. This analysis covered the

evolution of informal beliefs and traditions as well as the institutional environment (level

1 and 2 institutions in Williamson’s classification) and their impact on the performance

of electricity market reforms. The dissertation applies the analytical narrative

methodology to the study of electricity market reforms for the first time.

The analysis in the preceding sections points to the following insights and

recommendations that could be considered by governments in the South Asia and other

regions.

Policy Recommendation 1: Commit to electricity market reforms after

taking the institutional setting into account

The econometric analysis carried out in this dissertation finds that for the most

part electricity market reform measures such as the share of private sector in generation,

privatization of distribution and unbundling are positively and significantly associated

performance indicators such as electricity access, per capita generation capacity, per

capital electricity consumption, T&D losses and electricity tariff. Only in rare instances,

do they have an adverse impact on performance indicators and even in these cases, as

discussed later in this section, they may point to drawbacks in the way reforms have been

implemented rather than the reforms themselves. The overall findings of the econometric

analysis are hence consistent with studies undertaken by Vagliasindi (2013), Nagayama

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(2010), Zhang (Y. Zhang et al., 2008) and others that find a positive relationship between

reforms and performance.

It is difficult to untangle the impact of informal institutions (including culture

belief, and norms) from the econometric analysis since fixed effect analysis effectively

controls for these differences. However, the analytical narratives on electricity market

reforms in Gujarat and Nepal suggest that electricity market reforms are likely to be more

successful in places with robust formal rule based systems. Electricity markets reforms

require the involvement of large number of players as well as highly complex inter-

economy transactions, which can only be pursued efficiently in rule based systems. There

is, for instance, a need to have a relatively well developed banking system and capital

market, an efficient commercial dispute resolution system, an independent judiciary and

transparent regulatory framework for electricity market reforms to be successful. Places

that are able to achieve a co-operative outcome among actors in the economy using an

effective rule based system will be more successful in exploiting the opportunities offered

by electricity reforms than places where the co-operative outcome is achieved through a

relation based system.

Countries with weak governance systems should prioritize economy wide reforms

to improve formal governance over highly complex electricity sector reforms. Reformers

in these countries should be careful not to be get carried away by the purported efficiency

gains of markets and carefully consider the transaction costs associated with different

governance arrangements in the electricity sector. Countries such as Nepal are likely find

it difficult to successfully implement more advanced elements of electricity market

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reforms such as privatization of distribution companies and establishment of a

competitive electricity market until country’s formal governance systems has been

substantially improved.

Places with stronger formal governance such as Gujarat can afford to commit

more fully to reforms in the electricity sector. Such places should keep an open mind

about more advanced forms of reforms such as the introduction of private sector

participation in distribution. Delhi’s experience suggests that privatization of distribution

can be used to improve performance as long as the terms of the privatization are

structured carefully. While the political economy of such reforms is likely to be

challenging, the analysis in this dissertation suggests that such efforts could deliver

potentially large payoffs. Commitment to reforms along with proper planning and

execution is important because reverting back to pre-reform state of the sector with

government owned utilities at the center of the sector is clearly not a feasible option

anymore for any of the states.

Policy Recommendation 2: Strengthen the capacity of regulatory

agencies

As reported in Chapter 5, the reform measure to have the most unclear

relationship with sector performance is independent regulation. Except for electricity

access, independent regulation does not have a statistically significant positive

relationship with any of the performance indicators. The ambiguous relationship between

regulation and performance indicators is inconsistent with the hypothesis that holds that

independent regulators should have a positive impact on sector performance by creating a

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more conducive atmosphere for private investments to take place and preventing abuse of

market power.

These findings for independent regulation are surprising but are likely reflective

of the manner in which they have been implemented in South Asia. Regulatory agencies

have faced significant human resource constraints, which has limited their scale and,

hence, their scope and potential effectiveness in the sector. Regulatory agencies have

lacked the technical capacity to design and implement regulations, monitor compliance,

and penalize noncompliance (Pargal, 2014). In India, for instance, the number of

professional staff in regulatory agencies, both in absolute and relative terms, is extremely

low (Pollitt & Stern, 2011). There is hence a need to significantly strengthen the capacity

of regulatory agencies, including adequate numbers of appropriately trained professional

staff, and access to training, research and expertise in key disciplines such as law,

economics, and finance to ensure that they can play their rightful role in electricity sector.

Even with sufficient resources, places with weak formal governance systems may

find it difficult to get an independent regulator to function properly. Like with other

agencies, there could be excessive political interference and cronyism in the selection of

appointees and the regulators may end up taking biased decisions for their own profit or

for the profit of politicians. If the independent regulator is not seen as credible arbitrator

of different interests in the sector, there may be limited gains to be had from establishing

an independent regulator. Like with other reforms measures, thus, the effectiveness of

independent regulation is likely to be determined by the strength of the formal

governance in the country. It would be advisable, hence, to be cautious about the

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introduction of independent regulation in places with weak governance systems. It will be

particularly important to see the effectiveness of other independent agencies in the

country or state before taking the decision to establish an independent regulator.

Policy Recommendation 3: Adopt an interdisciplinary approach to

reforms

Building on the NIE literature, this study finds confirming evidence for the

proposition that informal elements of institutions such as norms, habits, beliefs, and

customs exercise a significant influence on the outcomes of electricity market reforms. In

Williamson’s terms, they form the “embeddedness” in which formal rules and laws are

implemented. It is seen in Chapter 6 that the historical experiences of Gujarat and Nepal

played an important role in the evolution of institutions in these places and consequently

on the implementation of electricity market reforms. Nepal’s relative isolation from the

outside world for much of its history contributed to its tentativeness in dealings with

international investors while Gujarat’s long history of exposure to the outside world

contributed to the sophistication of its stance with international investors.

Electricity market reform design efforts in South Asia, often led by international

agencies such as the World Bank and Asian Development, have for the most part only

focused on the observable elements of institutional reforms. Academic researchers and

policy analysts have tended to focus on technical fixes rather than ways to alter habits

and social norms. An interdisciplinary approach to policy research and reforms has been

hampered by institutional barriers in academia and government as well as the absence of

social scientists on the staff of energy agencies (Sovacool, 2014).

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Reforms have been designed with the assumption that there will be no difference

between the letter of the law and actual implementation. However, as this dissertation

demonstrates, this is not likely to be the case in countries with weak formal governance.

There is hence a need to gain a good understanding of the structure and properties

institutional equilibrium of the electricity sector in a particular society before embarking

on major reform effort. This understanding is important even if the aim is to undermine

and replace the institutions (A. Dixit, 2009). For instance, efforts to reform Nepal’s

electricity sector would be well served by an analysis of the interactions and relationships

between politicians, bureaucrats, private industries and the motivations that drive

investment decisions in the electricity sector. Proposed reforms could then explicitly look

for ways to break the nexus between the different interests and move towards providing

formal governance that is driven mainly by concern for social welfare.

While an overall theory and framework that can be applied to design institutional

reforms in the electricity sector is not available, a concrete approach to improve the

design of electricity reforms would be to form a multi-disciplinary team of historians,

sociologists, political scientists, anthropologists, psychologists, lawyers, cognitive

scientists in addition to the economists and engineers who have been typically been

leading such efforts. Such a team would help improve the design of reforms by explicitly

taking into account the role of informal norms, habits and customs as well as the history

of the place. Particular attention would be given to making sure that the proposed reforms

interact well with existing institutions in the short and the long run.

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Such multi-sector efforts would be in a better position to identify steps necessary

for facilitating the transition to a new institutional equilibrium, including (1)

compensating those who would lose from the change or overcoming their resistance in

the existing political process; (2) changing information and aligning incentives; and (3)

creating common knowledge of actions to sustain the new equilibrium (A. Dixit, 2009).

The adoption of such a proposal will require a change in mindset. Government

ministries are known to function as silos in South Asia and elsewhere and it will be very

difficult to change decades of norms and habits. There will hence likely be significant,

administrative and political challenges to implementing this proposal in governments.

Policy Recommendation 4: Make efforts to establish rule based

governance

Similarly, this study provides confirmation to findings of earlier studies showing

rule based governance to be more compatible with economic growth and development. It

is evident that the Gujarat’s experience with formal rule based system going back to the

British period in its history played an important role in its ability to respond to the

challenges and opportunities presented by electricity market reforms. On the other hand,

the predominance of relation based governance in Nepal limited the gains from reform in

the country.

These findings suggests that South Asian countries should make an effort to

establish strong rule based governance systems in the electricity sector while recognizing

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236

that this can be a long drawn out process. So far, efforts to improve rule based

governance in the electricity sector have focused on building the physical infrastructure

and transferring technical knowledge. Going forward, there needs to be as much

emphasis on inculcating norms and behaviors that encourage different actors to follow

rules and regulations.

For a law to be effective in practice, the citizens must expect that the government

will succeed in enforcing the law and that others will also follow the law. This can be

achieved through a policy of carrots and sticks. Behavior that is harmful to the

development of the sector such as power theft, collusion between utility officials and

industries, and corruption needs to be mitigated through strong penalties that are properly

enforced. In parallel, governments should carry out a communication and education

campaign to stigmatize illegal behavior and promote rule based governance. In NIE

terms, the effort should be to move from a sub-optimal institutional equilibrium to a more

optimal institutional equilibrium, while recognizing that any reform will be constrained

by the history of institutions.

A key constraint to the implementation of measures needed for rule based

governance is that such measures will not always yield adequate payoff in the short run.

In fact, as demonstrated by the game theoretic model in in Chapter 6, there might even be

transitional worsening of performance. A transition to a rule based system is also likely to

reduce rent seeking opportunities for the government. Since most governments operate

under relatively short term horizons, they may not see the much value in undertaking

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such investments. There might, hence, be the need for the involvement of non-

Governmental actors and the civil society in these reform efforts.

Chapter 8 - Contributions to the Literature on Electricity

Market Reforms

This dissertation makes important contributions to the literature on electricity

market reforms in South Asia as well as globally. It presents econometric evidence on the

relationship between different electricity market reform measures and sector performance

in South Asia, finding that for the most part reforms are having a positive impact on the

performance of the sector. This is particularly the case for reforms that have increased

private sector participation in generation and distribution and have vertically unbundled

utilities into generation, T&D entities. The econometric analysis suggests that reforms are

helping to increase the availability of electricity (as measured by indicators such as per

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238

capita generation capacity, electricity access, and per capita electricity consumption) and

improve the efficiency of the sector (as measured by reductions in T&D loss). Many of

the reforms are positively correlated with higher tariffs indicating that the improved

performance is coming at a cost to consumers. Of the reform measures, independent

regulation has the most uncertain relationship with sector performance, reflecting the

manner in which it has been implemented in South Asia.

Likewise, the dissertation carries out a detailed investigation of institutional

context in which reforms occurred and explains how and why reforms outcomes differed

in two of the selected places in South Asia – Gujarat and Nepal. In particular, this

dissertation examines the unobservable elements of reforms (such as informal beliefs,

norms, and culture) that motivate actions and their interactions with the formal elements

of institutions and reforms. The dissertation finds that the strength of formal institutional

rules and the nature of social norms and customs jointly have a significant influence on

the outcome of reforms. Aided by the strength of its formal institutional framework and

more evolved social norms and customs that encouraged people to follow formal rules,

reforms in Gujarat were a success. The weakness of the formal institutional framework

and the predominance of relation based norms and customs in Nepal that led to limited

compliance with formal rules, by contrast, limited the success of power sector reforms

there.

Efforts to reform the electricity sector in Nepal undertaken by the government as

well as development agencies such as the World Bank and the ADB have focused to a

large extent on getting the timing and content of electricity market reform measures such

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as unbundling, privatization, and establishment of a power market right. At the same

time, government and utility officials have been provided technical training on the

operations of utility and electricity market operations. The analysis in this dissertation

suggests that such measures will have limited traction unless there is a more fundamental

transformation towards rule based governance. To get reforms right, Government should

adopt an interdisciplinary approach that takes into account both formal and informal

elements of institutions.

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Appendix A - Summary of the Key Results of Econometric Studies on Electricity Market

Reforms and Sector Performance

Study Hypothesis Dependent

Variable(s)

Independent

Variable(s)

Control Variables Notes: # of countries,

times

period, data source

Zhang et

al.

(2002)

H0: Privatization leads to

higher operating

efficiency

and asset utilization.

-operating efficiency: net

electricity generation

(MWh) per employee (#)

(PI)

-asset utilization: electricity

generation (MWh) / average

capacity (MW)

(PI)

-privatization: existence

of

private generation

(dummy)

(MS/RM)

Result: insignificant

GDP per capita (US$ 95)

(CL)

Result: significant at the

1% level

-urban population as % of

total

(CL)

Result: significant at the

1% level

-industrial output as % of

GDP

(CL)

Result: significance varies

across models

-degree of economic

freedom (based on 10-

point indices in ‘Economic

Freedom of the World:

2002 Annual Report’)

51 LDCs from 1985-2000.

Generation and capacity

data:

APERC database and World

Dev. Indicators.

Labor: Industrial Statistics

Yearbook, International

Labor Organization.

Privatization, regulation,

and

competition: The Yearbook

of Privatization, EIA, WEC,

and APERC.

Price: OLADE, OECD.

Page 278: Institutional and Regulatory Economics of Electricity

264

(CL)

Result: significant at the

1% level

H1: Privatization with

supportive regulation

leads

to higher output and

capacity.

-output: net generation

(MWh) per capita

(PI)

-capacity: generation

capacity (MW) per capita

(PI)

-privatization: existence

of

private generation

(dummy)

(MS/RM)

-regulation: existence of

independent regulatory

agency

(dummy)

(I)

Result: taken together,

the

variables are significant

(on generation at 10%

level, on

capacity at 5% level)

H2: Privatization leads to

higher residential and

lower

industrial prices.

residential prices: user

price

(PI)

-industrial price: user price

(PI)

-privatization: existence

of

private generation

(dummy)

(MS/RM)

Result: insignificant

H3: Competition leads to

larger capacity, higher

output, and greater labor

productivity.

-output: net generation

(MWh) per capita

(PI)

-capacity: generation

competition: existence

of

wholesale market

(dummy)

Page 279: Institutional and Regulatory Economics of Electricity

265

capacity (MW) per capita

(PI)

-labor productivity: net

electricity generation

(MWh) per employee (#)

(PI)

(RM)

Result: significant (the

levels of

significance vary across

different

models and equations –

either 5

or 10%)

H4: Competition leads to

higher residential and

lower

industrial prices.

-residential prices: user

price (US$)

(PI)

-industrial price: user price

(PI)

-competition: existence

of

wholesale market

(dummy)

(RM)

Result: this is

significant for

industrial prices for

only one of

the specified equations

(at 1%

level of significance)

H5: Independent

regulation

will improve productive

efficiency.

output: net generation

(MWh) per capita

(PI)

-capacity: generation

capacity (MW) per capita

(PI)

-regulation: existence of

independent regulatory

agency

(dummy)

(I)

Result: insignificant

H6: Regulation leads to

higher residential prices.

-residential prices: user

price (US$)

(PI)

-regulation: existence of

independent regulatory

agency

Page 280: Institutional and Regulatory Economics of Electricity

266

(dummy)

(I)

Result: insignificant

Steiner

(2001)

H0: Regulation and

restructuring leads to

improved utilization rate

and reserve margin in

electricity generation.

H1: Regulation and

restructuring leads to

lower

industrial electricity

prices

and industrial/residential

price ratio.

-industrial end-user price in

PPPs (PI)

-ratio of industrial to

residential prices in PPPs

(PI)

-utilization rate: energy

production/total average

capacity (PI)

-distance of actual from

optimal reserve margin

(PI)

-time to liberalization

(years)

(RM)

Results: significantly

positive for

prices

-time to privatization

(years)

(RM)

Results: insignificant

for prices

-unbundling of

generation from

transmission (multi-

level

indicator) (RM)

Results: insignificant

for prices,

significantly positive for

utilization rate.

-private ownership

(multi-level

indicator) (RM)

Results: significantly

positive for

prices and for

-GDP (US$) (CL)

Result: insignificant

-hydro share in generation

(SE)

Result: significant for

prices

-nuclear share in

generation (SE)

-state preference against

nuclear technology (SE)

-state preference in favor

of coal technology (SE)

-urbanization (CL)

Panel data from

International

Energy Agency and other

sources covering 19 OECD

Countries. Number of

periods

(1986-1996): 11 ⇒ number

of observations: 209

Page 281: Institutional and Regulatory Economics of Electricity

267

utilization rate.

-third party access

(dummy)

(RM)

Results: insignificant

for prices and for

efficiency measures

-wholesale pool

(dummy) (RM)

Results: significantly

negative for

prices

-choice threshold (RM)

-T price regulation (not

used)

(RM)

Hattori and

Tsutsui

(2003)

H0: Unbundling of

generation from

transmission, third party

access, the existence of a

wholesale market, and

privatization leads to

lower

industrial electricity

prices

and industrial/residential

price ratios. As the start

of

-industrial end-user price in

PPPs (PI)

-ratio of industrial to

residential prices in PPPs

(PI)

-wholesale pool

(dummy) (RM)

Results: significantly

positive for

prices

-third party access

(dummy)

(RM)

Results: significantly

negative for

prices

-private ownership

-GDP (US$ PPP) (CL)

Results: statistically

significantly negative for

prices

-share of hydro capacity

(SE)

Results: statistically

insignificant

-share of nuclear capacity

(SE)

Results: statistically

insignificant

Panel dataset of 19 OECD

countries for the period

1987-

1999 (number of

observations: 232).

Page 282: Institutional and Regulatory Economics of Electricity

268

liberalization and

privatization approaches

prices decrease.

(multi-level

indicator) (RM)

Results: significantly

negative for

prices

-time to privatization

(years)

(RM)

Results: statistically

insignificant

Vagliasindi

(2011)

Hypothesis 1 The

implementation of key

sectoral reforms,

including vertical and

horizontal unbundling,

privatization and

regulation, is expected to

be significantly

associated with higher

access and better

operational and financial

performance of the power

sector.

.

Hypotheses 2A Key

sectoral reforms,

particularly vertical and

horizontal unbundling,

Access

Labor Productivity

Tariff

Emissions Index

-vertical and horizontal

unbundling

Results: significantly

positive for

Access for Group A

countries but significantly

negative for Access for

Group D Countries;

Overall, significantly

positive for tariff

-privatization

Results: significantly

positive for

Labor productivity for

Group A countries but

significantly negative for

Labor productivity for

Group D Countries:

GDP per capita

Results: significantly

positive for

Access, labor

productivity,and tariff

Installed Capacity

Results: significantly

positive for

Access, labor productivity,

and tariff

GDP per capita*Installed

Capacity

Results: significantly

negative for

Access, labor

productivity,and tariff

The data set is based on a

panel of 22 middle income

and developing countries for

a period beginning in 1989

and extending through 2009.

The maximum total number

of maximum observations is

440.

Data was compiled from the

government sources and

utilities

Page 283: Institutional and Regulatory Economics of Electricity

269

are expected to produce

the most significant

results in the group of

countries characterized

by high power system size

and income per capita

(Group A).

Hypotheses 2B Key

sectoral reforms,

particularly vertical and

horizontal unbundling,

are not expected to be

effective in the group of

countries characterized

by low power system size

and income per capita.

Overall significantly

positive for

Access, labor

productivity, tariff

-regulation

Results: significantly

positive for

Access, labor

productivity, tariff for

Group A countries but

significantly negative for

Access, labor

productivity, and tariff

for Group D Countries;

Overall significantly

positive for

Access, labor

productivity, tariff

Nagayama

HO:IPPs increase

generation capacity per

T&D Loss

-IPPs

GDP per capita,

The dataset comprise of panel

Page 284: Institutional and Regulatory Economics of Electricity

270

(2008)

capita and reduce T&D

loss

H1: Privatization

increase generation

capacity per capita and

reduce T&D loss

H2: Unbundling increase

generation capacity per

capita and reduce T&D

loss

H3: Retail Competition

increase generation

capacity per capita and

reduce T&D loss

H4: Independent

Regulator increase

generation capacity per

capita and reduce T&D

loss

H5: Power Market

increase generation

capacity per capita and

reduce T&D loss

Generation Capacity per capita Results: significantly

positive for generation

capacity per capita

overall; Significantly

negative for Asian

Developing Countries for

T&D loss.

-Privatization

Results: significantly

positive for generation

capacity per capita

overall;

-Unbundling

Results: significantly

positive for T&D loss

overall;

-Retail Competition

Results: significantly

positive for generation

capacity per capita

overall and for developed

countries;

-independent regulator

Results; significantly

positive for generation

capacity per capita and

T&D loss overall and for

Share of industry in GDP, and

Degree of political

democracy,

data for 85 countries divided

into four regions (developed

countries 25,the

countries of the former Soviet

Union and eastern Europe 27,

Latin

America 21, and Asian

developing countries

13)from1985 to 2006

Page 285: Institutional and Regulatory Economics of Electricity

271

developed countries.

Significantly negative for

Asian developing

countries for generation

capacity per capita

-power market

Results: significantly

negative for generation

capacity per capita

overall and for developed

countries. Significantly

positive for Asian

Developing Countries for

T&D loss.

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272

Appendix B - Strategy for Addressing Challenges

Limitation Description Strategy

Measurement

Validity

There are numerous indicators for

measuring electricity sector

performance and the ones selected for

the study may not accurately or fully

capture sector performance.

Use measures that have

been previously validated

by experts and/or other

studies

Reliability

Government data may be unreliable.

Government agencies may lack

capacity to independently collect data

or may have an incentive to mis-

report the collected data to show their

agencies in a better light.

Cross check to the extent

possible with data collected

by independent agencies

such as the World Bank

Internal validity

The changes in sector performance

may not be linked to implementation

of reforms but some other

development that has taken place such

as for instance overall improvements

in the economy.

Careful examination of the

external context in which

reforms were implemented;

question carefully findings

regarding co-variation to

identify other variables that

produce variation in sector

performance.

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273

External Validity

The findings may not be generalizable

beyond the South Asian context.

Compare results with

similar studies undertaken

in different contexts

Page 288: Institutional and Regulatory Economics of Electricity

274

Appendix C - Scatter Plots

(i) Electricity Generation Capacity Vs Per Capita GDP

05

00

10

00

15

00

20

00

25

00

0 500 1000 1500 2000 250016 data

18 data Fitted values

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275

(ii) Electricity Access Vs Per Capita GDP

(iii) Per Capita Generation Capacity Vs Per Capita GDP

0.5

11

.5

0 500 1000 1500 2000 2500

0.0

001

.00

02

.00

03

.00

04

0 500 1000 1500 2000 2500

Page 290: Institutional and Regulatory Economics of Electricity

276

(iv) T&D Loss Vs Per Capita GDP

(i) Average Tariff Vs Per Capita GDP

0.2

.4.6

.8

0 500 1000 1500 2000 2500

05

10

15

0 500 1000 1500 2000 2500

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277

Appendix D - Fixed and Random Effects Specification

In a fixed effects model, the country specific effects are assumed to be the fixed

parameters to be estimated. The fixed effects model is a preferable when the differences

between units are parametric shifts of the regression function. This model is applicable to

the cross-sectional units in the study and its inferences do not apply beyond the study. A

fixed effect model is estimated by Ordinary Least Squares. Fixed Effect explores the

relationship between predictor and outcome variables within an entity. Each entity has its

own individual characteristics that may or may not influence the predictor variables.

When using fixed effects we assume that something within the individual may impact or

bias the predictor or outcome variables and we need to control for this. This is the

rationale behind the assumption of the correlation between entity’s error term and

predictor variables.

Fixed Effect removes the effect of those time-invariant characteristics so we can

assess the net effect of the predictors on the outcome variable. Another important

assumption of the fixed effect model is that those time-invariant characteristics are

unique to the individual and should not be correlated with other individual characteristics.

Each entity is different therefore the entity’s error term and the constant (which captures

individual characteristics) should not be correlated with the others. If the error terms are

correlated, then fixed effect is not suitable since inferences may not be correct.

In a random effect model, the country specific effects are treated as stochastic.

The rationale behind random effects model is that, unlike the fixed effects model, the

Page 292: Institutional and Regulatory Economics of Electricity

278

variation across entities is assumed to be random and uncorrelated with the predictor or

independent variables included in the model. A random effect model is estimated using

generalized least squares when the variance structure is known and feasible generalized

least squares when the variance is unknown.

Random effects allows for time-invariant variables to play a role as explanatory

variables. In random effects you need to specify those individual characteristics that may

or may not influence the predictor variables. The problem with this is that some variables

may not be available therefore leading to omitted variable bias in the model. Random

Effect allows to generalize the inferences beyond the sample used in the model.

The fixed effect model produces consistent estimates, whereas the estimates

obtained from the random effect model is more efficient but the estimates may be

inconsistent. The inefficiency of least squares follows from an inefficient weighting of

the two (within and between) least squares estimators. In particular compared to the

generalized least squares, Ordinary Least Squares places too much weight on the between

unit variation. It includes all in the variation in X, rather than apportioning some of it to

random variation across groups attributable to the variation in u across units. The

inconsistency of the random effect model derives from the fact that there is no

justification for treating the individual effects as uncorrelated with the other regressors so

that it may suffer from the inconsistency due to omitted variables.

The Hausman specification test compares the fixed versus random effects under the null

hypothesis that the individual effects are uncorrelated with the other regressors in the

model. If correlated (namely if the null hypothesis is rejected), a random effect model

Page 293: Institutional and Regulatory Economics of Electricity

279

produces biased estimators, violating one of the Gauss-Markov assumptions; so a fixed

effect model is preferred. Hausman's essential result is that the covariance of an efficient

estimator with its difference from an inefficient estimator is zero.

Breusch and Pagan developed the Lagrange multiplier test; Judge et al. 1988) to

identify the presence of random effects and in order to decide on using either pooled

Ordinary Least Squares or random effects in our analysis. The null hypothesis is that

cross-sectional variance components are zero. The Lagrange multiplier is distributed as

chi-squared with one degree of freedom. If the null is rejected, the random effect model is

more appropriate.

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280

Appendix E - Detailed Stata Outputs

This appendix presents the detailed Stata outputs of the fixed effect and random

effect models as well as the results Hausman text and Breusch and Pagan tests.

Fixed Effect Model Results

Per Capita Generation Capacity

F test that all u_i=0: F(29, 476) = 15.33 Prob > F = 0.0000

rho .55021624 (fraction of variance due to u_i)

sigma_e .00003707

sigma_u .000041

_cons -.0000323 .0000101 -3.20 0.001 -.000052 2 -.0000125

politicalstability -3.01e-06 4.99e-06 -0.60 0.546 -.000012 8 6.79e-06

shofindustry .0001616 .0000433 3.73 0.000 .000076 5 .0002466

urbanizationrate -4.37e-06 3.83e-06 -1.14 0.255 -.000011 9 3.16e-06

percapitaGDPreal 1.22e-07 1.11e-08 10.92 0.000 9.97e-0 8 1.43e-07

pvtizationofdist .0000587 .0000143 4.11 0.000 .000030 7 .0000868

regcomm 5.17e-06 5.21e-06 0.99 0.322 -5.08e-0 6 .0000154

utilunbundling 4.05e-06 6.04e-06 0.67 0.503 -7.82e-0 6 .0000159

shpvtingencap .0002193 .0000274 8.00 0.000 .000165 4 .0002732

percapitagencap Coef. Std. Err. t P>|t| [95% Co nf. Interval]

corr(u_i, Xb) = -0.3253 Pro b > F = 0.0000

F(8 ,476) = 54.86

overall = 0.4422 max = 20

between = 0.4293 avg = 17.1

R-sq: within = 0.4797 Obs per group: min = 10

Group variable: state_coun~1 Num ber of groups = 30

Fixed-effects (within) regression Num ber of obs = 514

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281

Electricity Access

Per Capita Electricity Consumption

F test that all u_i=0: F(29, 457) = 164.07 Prob > F = 0.0000

rho .94752209 (fraction of variance due to u_i)

sigma_e .05697093

sigma_u .24208046

_cons .1895085 .0367351 5.16 0.000 .117317 9 .2616992

politicalstability -.0031113 .0078382 -0.40 0.692 -.018514 7 .012292

shofindustry .4035225 .0675425 5.97 0.000 .270790 2 .5362549

urbanizationrate 1.334895 .1499321 8.90 0.000 1.04025 3 1.629537

percapitaGDPreal -.0000927 .0000209 -4.43 0.000 -.000133 8 -.0000516

pvtizationofdist .030955 .0220327 1.40 0.161 -.012342 9 .0742529

regcomm .0507725 .0084382 6.02 0.000 .034189 9 .067355

utilunbundling .0407832 .009604 4.25 0.000 .021909 6 .0596567

shpvtingencap .3546625 .0452736 7.83 0.000 .265692 2 .4436327

access2 Coef. Std. Err. t P>|t| [95% Co nf. Interval]

corr(u_i, Xb) = -0.4907 Pro b > F = 0.0000

F(8 ,457) = 99.85

overall = 0.2311 max = 20

between = 0.1878 avg = 16.5

R-sq: within = 0.6361 Obs per group: min = 10

Group variable: state_coun~1 Num ber of groups = 30

Fixed-effects (within) regression Num ber of obs = 495

F test that all u_i=0: F(29, 320) = 47.18 Prob > F = 0.0000

rho .83822874 (fraction of variance due to u_i)

sigma_e 101.27491

sigma_u 230.53264

_cons -320.9329 33.34901 -9.62 0.000 -386.543 9 -255.3219

politicalstability 21.81735 16.24534 1.34 0.180 -10.1438 1 53.77851

shofindustry 655.9128 142.0517 4.62 0.000 376.439 6 935.3859

urbanizationrate -10.25415 10.51117 -0.98 0.330 -30.9338 7 10.42557

percapitaGDPreal .8498689 .0348243 24.40 0.000 .781355 4 .9183823

pvtizationofdist 48.80454 47.5175 1.03 0.305 -44.6816 2 142.2907

regcomm -8.236618 18.31655 -0.45 0.653 -44.2726 9 27.79946

utilunbundling 107.0396 20.27073 5.28 0.000 67.1588 5 146.9203

shpvtingencap 921.7015 80.08494 11.51 0.000 764.14 2 1079.261

percapitaeleccons Coef. Std. Err. t P>|t| [95% Co nf. Interval]

corr(u_i, Xb) = -0.2583 Pro b > F = 0.0000

F(8 ,320) = 211.41

overall = 0.5935 max = 20

between = 0.5238 avg = 11.9

R-sq: within = 0.8409 Obs per group: min = 4

Group variable: state_coun~1 Num ber of groups = 30

Fixed-effects (within) regression Num ber of obs = 358

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282

T&D Loss

Average tariff

F test that all u_i=0: F(27, 196) = 9.35 Prob > F = 0.0000

rho .65964307 (fraction of variance due to u_i)

sigma_e .08301504

sigma_u .11556969

_cons .2859284 .0765336 3.74 0.000 .134993 3 .4368634

politicalstability .0179006 .0190957 0.94 0.350 -.019758 8 .05556

shofindustry .1605455 .1468837 1.09 0.276 -.129129 8 .4502209

urbanizationrate -.3244713 .3015609 -1.08 0.283 -.919191 9 .2702493

percapitaGDPreal .000135 .0000498 2.71 0.007 .000036 7 .0002333

pvtizationofdist -.1501236 .0416631 -3.60 0.000 -.232289 2 -.067958

regcomm .0222769 .0225546 0.99 0.325 -.02220 4 .0667578

utilunbundling -.0778112 .0236451 -3.29 0.001 -.124442 7 -.0311797

shpvtingencap -.0571304 .1022449 -0.56 0.577 -.258771 8 .144511

tdloss2 Coef. Std. Err. t P>|t| [95% Co nf. Interval]

corr(u_i, Xb) = -0.5970 Pro b > F = 0.0000

F(8 ,196) = 5.92

overall = 0.0240 max = 20

between = 0.0003 avg = 8.3

R-sq: within = 0.1945 Obs per group: min = 2

Group variable: state_coun~1 Num ber of groups = 28

Fixed-effects (within) regression Num ber of obs = 232

F test that all u_i=0: F(29, 309) = 10.45 Prob > F = 0.0000

rho .58125293 (fraction of variance due to u_i)

sigma_e 1.1045776

sigma_u 1.3013764

_cons 1.246499 .3890344 3.20 0.001 .481006 9 2.01199

politicalstability -.2175635 .1835664 -1.19 0.237 -.578761 8 .1436348

shofindustry 10.02922 1.648255 6.08 0.000 6.78599 5 13.27244

urbanizationrate -.1302851 .1153961 -1.13 0.260 -.357346 7 .0967764

percapitaGDP .0020765 .0002281 9.10 0.000 .001627 6 .0025254

pvtizationofdist -1.336505 .5079215 -2.63 0.009 -2.33592 7 -.3370826

utilunbundling .9830729 .2202014 4.46 0.000 .54978 9 1.416357

regcomm .7005637 .1867066 3.75 0.000 .333186 5 1.067941

shpvtingencap -.9041033 .962907 -0.94 0.348 -2.79878 7 .9905809

electariff Coef. Std. Err. t P>|t| [95% Co nf. Interval]

corr(u_i, Xb) = -0.4125 Pro b > F = 0.0000

F(8 ,309) = 63.61

overall = 0.3628 max = 20

between = 0.0901 avg = 11.6

R-sq: within = 0.6222 Obs per group: min = 5

Group variable: state_coun~1 Num ber of groups = 30

Fixed-effects (within) regression Num ber of obs = 347

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283

Random Effect Model Results

Per Capita Generation Capacity

Electricity Access

rho .46810336 (fraction of variance due to u_i)

sigma_e .00003707

sigma_u .00003477

_cons -.0000281 .0000115 -2.45 0.014 -.000050 6 -5.61e-06

politicalstability -1.09e-06 4.85e-06 -0.22 0.823 -.000010 6 8.42e-06

shofindustry .0001638 .0000406 4.03 0.000 .000084 2 .0002434

urbanizationrate -4.44e-06 3.84e-06 -1.16 0.247 -.00001 2 3.08e-06

percapitaGDPreal 1.15e-07 1.03e-08 11.20 0.000 9.48e-0 8 1.35e-07

pvtizationofdist .0000535 .0000137 3.90 0.000 .000026 6 .0000804

regcomm 8.14e-06 5.12e-06 1.59 0.112 -1.90e-0 6 .0000182

utilunbundling 3.02e-06 5.93e-06 0.51 0.611 -8.61e-0 6 .0000146

shpvtingencap .0001983 .0000264 7.52 0.000 .000146 6 .00025

percapitagencap Coef. Std. Err. z P>|z| [95% Co nf. Interval]

corr(u_i, X) = 0 (assumed) Pro b > chi2 = 0.0000

Wal d chi2(8) = 451.36

overall = 0.4515 max = 20

between = 0.4413 avg = 17.1

R-sq: within = 0.4788 Obs per group: min = 10

Group variable: state_coun~1 Num ber of groups = 30

Random-effects GLS regression Num ber of obs = 514

rho .91301367 (fraction of variance due to u_i)

sigma_e .05697093

sigma_u .18457227

_cons .236079 .047186 5.00 0.000 .143596 1 .3285619

politicalstability -.0033856 .0079471 -0.43 0.670 -.018961 5 .0121904

shofindustry .4199935 .0680384 6.17 0.000 .286640 7 .5533463

urbanizationrate 1.11861 .1275792 8.77 0.000 .868559 6 1.368661

percapitaGDPreal -.0000735 .0000205 -3.59 0.000 -.000113 6 -.0000334

pvtizationofdist .0236916 .0222972 1.06 0.288 -.020010 1 .0673932

regcomm .0541713 .0084729 6.39 0.000 .037564 8 .0707779

utilunbundling .0403773 .009734 4.15 0.000 .02129 9 .0594556

shpvtingencap .3604157 .0455984 7.90 0.000 .271044 5 .449787

access2 Coef. Std. Err. z P>|z| [95% Co nf. Interval]

corr(u_i, X) = 0 (assumed) Pro b > chi2 = 0.0000

Wal d chi2(8) = 770.69

overall = 0.2368 max = 20

between = 0.1868 avg = 16.5

R-sq: within = 0.6345 Obs per group: min = 10

Group variable: state_coun~1 Num ber of groups = 30

Random-effects GLS regression Num ber of obs = 495

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284

Per Capita Electricity Consumption

T&D Loss

rho .68941277 (fraction of variance due to u_i)

sigma_e 101.27491

sigma_u 150.88627

_cons -276.1808 44.1937 -6.25 0.000 -362.798 9 -189.5627

politicalstability 22.48182 16.67333 1.35 0.178 -10.1973 1 55.16096

shofindustry 708.3985 141.9957 4.99 0.000 430.092 1 986.7049

urbanizationrate -9.752707 10.98953 -0.89 0.375 -31.2917 8 11.78637

percapitaGDPreal .8236323 .0346544 23.77 0.000 .755710 9 .8915537

pvtizationofdist 60.48803 49.00214 1.23 0.217 -35.554 4 156.5305

regcomm 2.727295 18.84425 0.14 0.885 -34.2067 6 39.66135

utilunbundling 106.078 21.02232 5.05 0.000 64.8750 3 147.281

shpvtingencap 858.5424 82.14882 10.45 0.000 697.533 7 1019.551

percapitaeleccons Coef. Std. Err. z P>|z| [95% Co nf. Interval]

corr(u_i, X) = 0 (assumed) Pro b > chi2 = 0.0000

Wal d chi2(8) = 1598.42

overall = 0.6036 max = 20

between = 0.5352 avg = 11.9

R-sq: within = 0.8403 Obs per group: min = 4

Group variable: state_coun~1 Num ber of groups = 30

Random-effects GLS regression Num ber of obs = 358

rho .54633432 (fraction of variance due to u_i)

sigma_e .08301504

sigma_u .09109993

_cons .2710604 .0446239 6.07 0.000 .183599 2 .3585216

politicalstability .0210785 .0180385 1.17 0.243 -.014276 3 .0564333

shofindustry .0488653 .1303878 0.37 0.708 -.206690 1 .3044207

urbanizationrate -.0810308 .1149284 -0.71 0.481 -.306286 3 .1442248

percapitaGDPreal .0000776 .000041 1.89 0.059 -2.84e-0 6 .000158

pvtizationofdist -.1368845 .0407013 -3.36 0.001 -.216657 6 -.0571114

regcomm .0311515 .0210083 1.48 0.138 -.01002 4 .0723271

utilunbundling -.0756024 .0231125 -3.27 0.001 -.12090 2 -.0303028

shpvtingencap -.112739 .0923598 -1.22 0.222 -.293760 9 .068283

tdloss2 Coef. Std. Err. z P>|z| [95% Co nf. Interval]

corr(u_i, X) = 0 (assumed) Pro b > chi2 = 0.0000

Wal d chi2(8) = 40.25

overall = 0.0391 max = 20

between = 0.0005 avg = 8.3

R-sq: within = 0.1860 Obs per group: min = 2

Group variable: state_coun~1 Num ber of groups = 28

Random-effects GLS regression Num ber of obs = 232

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285

Average tariff

Hausman Test

Per Capita Generation Capacity

rho .24826001 (fraction of variance due to u_i)

sigma_e 1.2103198

sigma_u .69553617

_cons 1.599767 .3886631 4.12 0.000 .83800 1 2.361532

politicalstability .035034 .1935035 0.18 0.856 -.344225 9 .414294

shofindustry 6.800685 1.547797 4.39 0.000 3.76705 7 9.834312

urbanizationrate -.1858163 .133732 -1.39 0.165 -.447926 3 .0762936

percapitaGDPreal .0019585 .0003615 5.42 0.000 .001250 1 .002667

pvtizationofdist -.2970777 .5421093 -0.55 0.584 -1.35959 2 .7654371

utilunbundling .9228843 .2414312 3.82 0.000 .449687 9 1.396081

regcomm 1.048668 .2068813 5.07 0.000 .643188 3 1.454148

shpvtingencap 2.214909 .9458282 2.34 0.019 .361119 8 4.068698

electariff Coef. Std. Err. z P>|z| [95% Co nf. Interval]

corr(u_i, X) = 0 (assumed) Pro b > chi2 = 0.0000

Wal d chi2(8) = 296.71

overall = 0.3225 max = 20

between = 0.1424 avg = 11.6

R-sq: within = 0.5304 Obs per group: min = 5

Group variable: state_coun~1 Num ber of groups = 30

Random-effects GLS regression Num ber of obs = 347

(V_b-V_B is not positive definite)

Prob>chi2 = 0.0022

= 24.08

chi2(8) = (b-B)'[(V_b-V_B)^(-1)]( b-B)

Test: Ho: difference in coefficients not syst ematic

B = inconsistent under Ha, efficient un der Ho; obtained from xtreg

b = consistent under Ho and Ha; obtained from xtreg

politicals~y -3.01e-06 -1.09e-06 -1.92e-06 1. 14e-06

shofindustry .0001616 .0001638 -2.21e-06 .0 000149

urbanizati~e -4.37e-06 -4.44e-06 7.47e-08 .

percapitaG~l 1.22e-07 1.15e-07 6.64e-09 4. 30e-09

pvtization~t .0000587 .0000535 5.22e-06 3. 98e-06

regcomm 5.17e-06 8.14e-06 -2.97e-06 9. 78e-07

utilunbund~g 4.05e-06 3.02e-06 1.03e-06 1. 14e-06

shpvtingen~p .0002193 .0001983 .000021 7. 49e-06

fixed random Difference S.E.

(b) (B) (b-B) sqrt(di ag(V_b-V_B))

Coefficients

. hausman fixed random

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286

Electricity Access

Per Capita Electricity Consumption

(V_b-V_B is not positive definite)

Prob>chi2 = 0.9208

= 2.58

chi2(7) = (b-B)'[(V_b-V_B)^(-1)]( b-B)

Test: Ho: difference in coefficients not syst ematic

B = inconsistent under Ha, efficient un der Ho; obtained from xtreg

b = consistent under Ho and Ha; obtained from xtreg

politicals~y -.0031113 -.0033856 .0002742 .

shofindustry .4035225 .4199935 -.0164709 .

urbanizati~e 1.334895 1.11861 .2162849 .0 787602

percapitaG~l -.0000927 -.0000735 -.0000192 4. 39e-06

pvtization~t .030955 .0236916 .0072634 .

regcomm .0507725 .0541713 -.0033989 .

utilunbund~g .0407832 .0403773 .0004059 .

shpvtingen~p .3546625 .3604157 -.0057533 .

fixed random Difference S.E.

(b) (B) (b-B) sqrt(di ag(V_b-V_B))

Coefficients

(V_b-V_B is not positive definite)

Prob>chi2 = 0.0000

= 245.72

chi2(8) = (b-B)'[(V_b-V_B)^(-1)]( b-B)

Test: Ho: difference in coefficients not syst ematic

B = inconsistent under Ha, efficient un der Ho; obtained from xtreg

b = consistent under Ho and Ha; obtained from xtreg

politicals~y 21.81735 22.48182 -.6644733 .

shofindustry 655.9128 708.3985 -52.48575 3. 987534

urbanizati~e -10.25415 -9.752707 -.5014427 .

percapitaG~l .8498689 .8236323 .0262365 .0 034353

pvtization~t 48.80454 60.48803 -11.68349 .

regcomm -8.236618 2.727295 -10.96391 .

utilunbund~g 107.0396 106.078 .9615791 .

shpvtingen~p 921.7015 858.5424 63.15908 .

fixed random Difference S.E.

(b) (B) (b-B) sqrt(di ag(V_b-V_B))

Coefficients

. hausman fixed random

Page 301: Institutional and Regulatory Economics of Electricity

287

T&D Loss

Average Tariff

(V_b-V_B is not positive definite)

Prob>chi2 = 0.0162

= 17.20

chi2(7) = (b-B)'[(V_b-V_B)^(-1)]( b-B)

Test: Ho: difference in coefficients not syst ematic

B = inconsistent under Ha, efficient un der Ho; obtained from xtreg

b = consistent under Ho and Ha; obtained from xtreg

politicals~y .0179006 .0210785 -.0031779 .0 062656

shofindustry .1605455 .0488653 .1116802 .0 676302

urbanizati~e -.3244713 -.0810308 -.2434406 .2 788017

percapitaG~l .000135 .0000776 .0000574 .0 000283

pvtization~t -.1501236 -.1368845 -.0132391 .0 089005

regcomm .0222769 .0311515 -.0088746 .0 082074

utilunbund~g -.0778112 -.0756024 -.0022088 .0 049905

shpvtingen~p -.0571304 -.112739 .0556086 .0 438598

fixed random Difference S.E.

(b) (B) (b-B) sqrt(di ag(V_b-V_B))

Coefficients

(V_b-V_B is not positive definite)

Prob>chi2 = 0.0000

= 310.98

chi2(7) = (b-B)'[(V_b-V_B)^(-1)]( b-B)

Test: Ho: difference in coefficients not syst ematic

B = inconsistent under Ha, efficient un der Ho; obtained from xtreg

b = consistent under Ho and Ha; obtained from xtreg

politicals~y -.2175635 .035034 -.2525975 .

shofindustry 10.02922 6.800685 3.228533 .5 666273

urbanizati~e -.1302851 -.1858163 .0555312 .

pvtization~t -1.336505 -.2970777 -1.039427 .

utilunbund~g .9830729 .9228843 .0601886 .

regcomm .7005637 1.048668 -.3481046 .

shpvtingen~p -.9041033 2.214909 -3.119012 .1 805519

fixed random Difference S.E.

(b) (B) (b-B) sqrt(di ag(V_b-V_B))

Coefficients

. hausman fixed random

Page 302: Institutional and Regulatory Economics of Electricity

288

BREUSCH AND PAGAN LAGRANGIAN MULTIPLIER Test

Electricity Access

Prob > chibar2 = 0.0000

c hi bar 2( 01) = 2083.66

Test: Var(u) = 0

u .0340669 .1845723

e .0032457 .0569709

access2 .0585605 .2419927

Var sd = sqrt(Var)

Estimated results:

access2[state_country1,t] = Xb + u[state_co untry1] + e[state_country1,t]

Breusch and Pagan Lagrangian multiplier test for ra ndom effects

Page 303: Institutional and Regulatory Economics of Electricity

289

Appendix F - Results for Sample with Indian States Only

States only

(1) (2) (3) (4) (5)

VARIABLES percapitagencap access2 percapitaeleccons tdloss2 electariff

utilunbundling 0.005 0.048*** 117.204*** -0.032 1.136***

[0.007] [0.010] [22.557] [0.026] [0.198]

shpvtingencap 0.306*** 0.161** 983.115*** -0.171 -2.228*

[0.045] [0.063] [132.681] [0.144] [1.191]

pvtizationofdist 0.065*** 0.017 13.443

-

0.168*** -0.956**

[0.015] [0.021] [49.251] [0.041] [0.430]

regcomm -0.003 0.059*** -23.553 0.020 0.803***

[0.006] [0.008] [20.499] [0.023] [0.175]

shofindustry 0.148*** 0.347*** 582.000*** 0.225 10.982***

[0.047] [0.065] [149.809] [0.141] [1.440]

percapitaGDPreal 0.000*** -0.000** 0.953*** 0.000 0.002***

[0.000] [0.000] [0.054] [0.000] [0.000]

politicalstability -0.003 -0.011 19.903 0.055*** -0.418**

[0.006] [0.008] [18.098] [0.020] [0.167]

urbanizationrate 0.349*** 1.304*** -268.869 -0.356 12.477***

[0.105] [0.146] [318.406] [0.314] [2.969]

Constant -0.106*** 0.215*** -191.840** 0.312*** -2.556***

[0.027] [0.037] [77.195] [0.083] [0.737]

Observations 434 433 278 182 281

R-squared 0.519 0.643 0.878 0.181 0.721

Number of

state_country1 26 26 26 24 26

Standard errors in

brackets

*** p<0.01, **

p<0.05, * p<0.1

Page 304: Institutional and Regulatory Economics of Electricity

290

Appendix G - Results for States/Countries by Income and

System Size

Results for States with High Income and Large System Size

(Group A: Delhi, Haryana, Punjab, Karnataka, Andhra Pradesh, Gujarat, Tamil Nadu,

Maharashtra, Pakistan )

Fixed Effect Group A

(1) (2) (3) (4) (5)

VARIABLES percapitagencap access2 percapitaeleccons tdloss2 electariff

utilunbundling 0.009* 0.040*** -8.617 -0.096*** 1.569***

[0.005] [0.008] [23.007] [0.035] [0.251]

shpvtingencap 0.044 0.338*** 217.148* -0.326*** 0.448

[0.029] [0.048] [120.660] [0.113] [1.321]

pvtizationofdist 0.102*** -0.037** 247.242*** -0.167*** -0.502

[0.010] [0.017] [58.929] [0.036] [0.542]

regcomm -0.001 0.024** -19.047 0.021 -0.604**

[0.006] [0.010] [23.897] [0.033] [0.272]

shofindustry 0.031 -0.038 2,431.765*** 0.978*** 3.341

[0.060] [0.102] [274.263] [0.244] [3.070]

percapitaGDPreal 0.000*** -0.000 0.413*** 0.000*** -0.000

[0.000] [0.000] [0.062] [0.000] [0.001]

politicalstability -0.002 -0.008 70.294*** 0.095*** -0.087

[0.005] [0.008] [21.169] [0.024] [0.243]

urbanizationrate 1.027*** 1.723*** 7,250.909*** -0.609 41.724***

[0.163] [0.278] [716.389] [0.696] [7.655]

Constant -0.343*** 0.055 -3,281.957*** 0.297 -12.519***

[0.059] [0.100] [250.740] [0.305] [2.655]

Observations 156 152 108 77 114

R-squared 0.859 0.893 0.962 0.777 0.772

Number of

state_country1 9 9 9 8 9

Standard errors in brackets

*** p<0.01, ** p<0.05, * p<0.1

Page 305: Institutional and Regulatory Economics of Electricity

291

Summary of Statistically Significant Results for Group A

Per Capita

Generation

Capacity

(Kw)

Access to

Electricity (%)

Per Capital

Electricity

Consumption

(KwH)

T&D Losses

(%)

Average Tariff

(US $ Cents)

Share of PSP

in Generation

Unbundling of

Utilities

Independent

Regulatory

Commission

Privatization

of

Distribution

Page 306: Institutional and Regulatory Economics of Electricity

292

Results for States with Low Income and Small System Size

(Group D: Assam, Bihar and Jharkhand, Jammu Kashmir, Manipur, Meghalaya, Nepal, Tripura,

Mizoram)

Fixed Effect

Group D

(1) (2) (3) (4) (5)

VARIABLES percapitagencap access2 percapitaeleccons tdloss2 electariff

utilunbundling -0.003 0.063** -23.787 -0.006 2.446***

[0.009] [0.031] [36.633] [0.108] [0.808]

shpvtingencap -0.030 0.667*** 327.120** 0.620* -7.751*

[0.047] [0.194] [148.653] [0.365] [4.402]

o.pvtizationofdist - - - - -

regcomm -0.007 0.032 150.715*** -0.037 1.548**

[0.006] [0.023] [39.410] [0.075] [0.708]

shofindustry 0.171*** 0.135 299.714 0.990*** 11.174***

[0.039] [0.145] [190.938] [0.340] [3.839]

percapitaGDPreal 0.000 0.000** 0.233* -0.000 -0.002

[0.000] [0.000] [0.130] [0.000] [0.004]

politicalstability 0.008 -0.017 -105.731*** 0.028 -0.424

[0.005] [0.020] [21.327] [0.046] [0.466]

urbanizationrate 0.441*** 1.352** -741.667 -0.036 32.128**

[0.133] [0.554] [471.220] [0.885] [12.220]

Constant -0.089*** 0.127 213.190** 0.312 -2.926

[0.024] [0.099] [98.957] [0.193] [2.203]

Observations 149 140 101 66 93

R-squared 0.452 0.615 0.741 0.268 0.658

Number of

state_country1 9 9 9 9 9

Standard errors in brackets

*** p<0.01, ** p<0.05, * p<0.1

Page 307: Institutional and Regulatory Economics of Electricity

293

Summary of Statistically

Significant Results for Group D

Per Capita

Generation

Capacity

(Kw)

Access to

Electricity (%)

Per Capital

Electricity

Consumption

(KwH)

T&D Losses

(%)

Average Tariff

(US $ Cents)

Share of PSP

in Generation

Unbundling of

Utilities

Independent

Regulatory

Commission

Privatization

of

Distribution

Page 308: Institutional and Regulatory Economics of Electricity

294

Appendix H - List of Utilities Covered in the Study

Agency - Long Name State Agency -

Short

Name

Type of

Agency

Year of

Unbun

dling

Year of

Privatiz

ation

Andhra Pradesh Central Power

Distribution Company Limited

Andhra

Pradesh

APCPDCL Discom 2000 NA

Andhra Pradesh Eastern Power

Distribution Company Limited

Andhra

Pradesh

APEPDCL Discom 2000 NA

Andhra Pradesh Northern

Power Distribution Company

Limited

Andhra

Pradesh

APNPDCL Discom 2000 NA

Andhra Pradesh Southern

Power Distribution Company

Limited

Andhra

Pradesh

APSPDCL Discom 2000 NA

Andhra Pradesh Generation

Company Limited

Andhra

Pradesh

AP Genco Genco 2000 NA

Andhra Pradesh Transmission

Company Limited

Andhra

Pradesh

AP

Transco

Transco 2000 NA

Arunachal Pradesh Department

of Power

Arunachal

Pradesh

Arunachal

PD

Bundled N/A NA

Assam State Electricity Board Assam ASEB Bundled 2004 NA

Central Assam Electricity

Distribution Company Limited

Assam CAEDCL Discom 2004 NA

Lower Assam Electricity

Distribution Company Limited

Assam LAEDCL Discom 2004 NA

Upper Assam Electricity

Distribution Company Limited

Assam UAEDCL Discom 2004 NA

Assam Power Generation

Company Limited

Assam APGCL Genco 2004 NA

Assam Electricity Grid

Corporation Limited

Assam AEGCL Transco 2004 NA

Assam Power Distribution

Corporation Limited

Assam APDCL Discom 2004 NA

Bihar State Electricity Board Bihar BSEB Bundled N/A NA

Chhattisgarh State Electricity

Board

Chhattisgarh CSEB Bundled 2009 NA

Chhattisgarh State Power

Distribution Company Limited

Chhattisgarh CSPDCL Discom 2009 NA

Chhattisgarh State Power

Generation Company Limited

Chhattisgarh CSPGCL Genco 2009 NA

Chhattisgarh State Power

Transmission Company Limited

Chhattisgarh CSPTCL Transco 2009 NA

Chhattisgarh State Power

Holding Company Limited

Chhattisgarh N/A Holdco 2009 NA

Page 309: Institutional and Regulatory Economics of Electricity

295

North Delhi Power Limited Delhi NDPL Discom 2002 NA

BSES Rajdhani Power Limited Delhi BSES RPL Discom 2002 2002

BSES Yamuna Power Limited Delhi BSES YPL Discom 2002 2002

Indraprastha Power Generation

Company Limited

Delhi IPGCL Genco 2002 2002

Pragati Power Corporation

Limited

Delhi PPCL Genco 2002 NA

Delhi Transco Limited Delhi DTL Transco 2002 NA

Indraprastha Power Generation

Company Limited - Pragati

Power Corporation Limited

Delhi N/A Genco 2002 NA

Goa Electricity Department Goa GoaPD Discom +

Transco

N/A NA

GEB Gujarat GSEB Bundled 2005 NA

Dakshin Gujarat Vij Company

Limited

Gujarat DGVCL Discom 2005 NA

Madhya Gujarat Vij Company

Limited

Gujarat MGVCL Discom 2005 NA

Paschim Gujarat Vij Company

Limited

Gujarat PGVCL Discom 2005 NA

Uttar Gujarat Vij Company

Limited

Gujarat UGVCL Discom 2005 NA

Gujarat State Electricity

Corporation Limited

Gujarat GSECL Genco 2005 NA

Gujarat Energy Transmission

Corporation Limited

Gujarat GETCO Transco 2005 NA

GUVNL Gujarat N/A Holdco/Tr

adeco

2005 NA

Dakshin Haryana Bijli Vitran

Nigam Ltd

Haryana DHBVNL Discom 1998 NA

Uttar Haryana Bijli Vitran Nigam

Ltd

Haryana UHBVNL Discom 1998 NA

Haryana Power Generation

Corporation Limited

Haryana HPGCL Genco 1998 NA

Haryana Vidyut Prasaran Nigam

Limited

Haryana HVPNL Transco 1998 NA

Himachal Pradesh State

Electricity Board

Himachal

Pradesh

HPSEB Bundled 2010 NA

Himachal Pradesh State

Electricity Board Ltd

Himachal

Pradesh

HPSEB

LTD

Genco +

Discom

2010 NA

Jammu Kashmir Power

Development Department

Jammu &

Kashmir

J&K PDD Discom +

Transco

#N/A NA

Jammu & Kashmir State Power

Development Corporation

Limited

Jammu &

Kashmir

J&K PDCL Genco #N/A NA

Jharkhand State Electricity

Board

Jharkhand JSEB Bundled N/A NA

Page 310: Institutional and Regulatory Economics of Electricity

296

Jamshedpur Utilities and

Services Company Limited

Jharkhand N/A Discom N/A NA

Tata Power Company Limited Jharkhand N/A Genco N/A NA

Tenughat Vidyut Nigam Limited Jharkhand N/A Genco N/A NA

Bangalore Electricity Supply

Company Limited

Karnataka BESCOM Discom 1999 NA

Gulbarga Electricity Supply

Company Limited

Karnataka GESCOM Discom 1999 NA

Hubli Electricity Supply

Company Limited

Karnataka HESCOM Discom 1999 NA

Mangalore electricity Supply

Company Limited

Karnataka MESCOM Discom 1999 NA

Karnataka Power Corporation

Company Limited

Karnataka KPCL Genco 1999 NA

Karnataka Power Transmission

Company Limited

Karnataka KPTCL Transco 1999 NA

Chamundeshwari Electricity

Supply Company Limited

Karnataka CESCOM Discom 1999 NA

Kerala State Electricity Board Kerala KSEB Bundled N/A NA

Madhya Pradesh State

Electricity Board

Madhya

Pradesh

MPSEB Bundled 2005 NA

Madhya Pradesh Power

Transmission Company Limited

Madhya

Pradesh

MPPTCL Transco 2005 NA

Madhya Pradesh Madhya

Kshetra Vidyut Vitaran

Company Limited

Madhya

Pradesh

MPMKVV

CL

Discom 2005 NA

Madhya Pradesh Paschim

Kshetra Vidyut Vitaran

Company Limited

Madhya

Pradesh

MPPAKVV

CL

Discom 2005 NA

Madhya Pradesh Poorva

Kshetra Vidyut Vitaran

Company Limited

Madhya

Pradesh

MPPUKVV

CL

Discom 2005 NA

Madhya Pradesh Power

Generation Company Limited

Madhya

Pradesh

MPPGCL Genco 2005 NA

MP Power Management

Company Limited

Madhya

Pradesh

N/A Holdco/Tr

adeco

2005 NA

Maharashtra State Electricity

Board

Maharashtra MSEB Bundled 2005 NA

Maharashtra State Electricity

Distribution Company Limited

Maharashtra MSEDCL Discom 2005 NA

Maharashtra State Power

Generation Company Limited

Maharashtra MSPGCL Genco 2005 NA

Maharashtra State Electricity

Transmission Company Limited

Maharashtra MSPTCL Transco 2005 NA

Brihanmumbai Electric Supply &

Transport Undertaking

Maharashtra N/A Discom 2005 NA

MSEB Holding Company Limited Maharashtra N/A SEB/Holdc 2005 NA

Page 311: Institutional and Regulatory Economics of Electricity

297

o

Manipur Electricity Department

(Manipur)

Manipur Manipur

PD

Bundled N/A NA

Meghalaya State Electricity

Board

Meghalaya MeSEB Bundled 2010 NA

Meghalaya Energy Corporation

Limited

Meghalaya Me ECL Bundled 2010 NA

Mizoram Power and Electricity

Department

Mizoram Mizoram

PD

Bundled N/A NA

Manipur Electricity Department

(Mizoram)

Mizoram N/A Genco N/A NA

Department of Power Nagaland Nagaland

PD

Bundled N/A NA

Central Electricity Supply Utility Orissa CESCO Discom 1996 1999-

2001

North Eastern Electricity Supply

Company

Orissa NESCO Discom 1996 1999

Southern Electricity Supply

Company

Orissa SESCO Discom 1996 1999

Western Electricity Supply

Company

Orissa WESCO Discom 1996 1999

Orissa Hydro Power

Corporation

Orissa OHPCL Genco 1996 NA

Orissa Power Generation

Corporation

Orissa OPGCL Genco 1996 NA

Orissa Power Transmission

Corporation Limited

Orissa OPTCL Transco 1996 NA

Grid Corporation of Orissa

Limited

Orissa GCOL Bundled 1996 NA

Punjab State Electricity Board Punjab PSEB Bundled 2010 NA

Punjab State Power

Corporation Limited

Punjab PSPCL Genco +

Discom

2010 NA

Punjab State Transmission

Corporation Limited

Punjab N/A Transco 2010 NA

Ajmer Vidyut Vitran Nigam

Limited

Rajasthan AVVNL Discom 2000 NA

Jaipur Vidyut Vitran Nigam

Limited

Rajasthan JVVNL Discom 2000 NA

Jodhpur Vidyut Vitran Nigam

Limited

Rajasthan JDVVNL Discom 2000 NA

Rajasthan Rajya Vidyut Utpadan

Nigam Limited

Rajasthan RRVUNL Genco 2000 NA

Rajasthan Rajya Vidyut

Prasaran Nigam Limited

Rajasthan RRVPNL Transco 2000 NA

Sikkim Energy and Power

Department

Sikkim Sikkim PD Bundled N/A NA

Tamil Nadu State Electricity Tamil Nadu TNEB Bundled/ 2010 NA

Page 312: Institutional and Regulatory Economics of Electricity

298

Board Holdco

Tamil Nadu Generation and

Distribution Corporation

Limited

Tamil Nadu TANGEDC

O

Genco +

Discom

2010 NA

Tamil Nadu Transmission

Corporation Limited

Tamil Nadu TANTRAN

SCO

Transco 2010 NA

Tripura State Electricity

Corporation Limited

Tripura TSECL Bundled N/A NA

Uttar Pradesh Jal Vidyut Nigam

Limited

Uttar Pradesh UPJVNL Genco 2000 NA

Uttar Pradesh Rajya Vidyut

Utpadan Nigam Limited

Uttar Pradesh UPRVUNL Genco 2000 NA

Dakshinanchal Vidyut Vitran

Nigam Limited

Uttar Pradesh DVVN Discom 2000 NA

Kanpur Electric Supply

Company

Uttar Pradesh KESCO Discom 2000 NA

Madhyanchal Vidyut Vitran

Nigam Limited

Uttar Pradesh MVVN Discom 2000 NA

Paschimanchal Vidyut Vitaran

Nigam Limited

Uttar Pradesh Pash VVN Discom 2000 NA

Purvanchal Vidyut Vitaran

Nigam Limited

Uttar Pradesh Poorv

VVN

Discom 2000 NA

Uttar Pradesh Power

Transmission Corporation

Limited

Uttar Pradesh UPPCL Transco 2000 NA

Uttar Pradesh Power

Corporation Limited

Uttar Pradesh N/A Holdco 2000 NA

Uttarakhand Power

Corporation Limited

Uttarakhand UPCL Discom 2004 NA

Uttarakhand Jal Vidyut Nigam

Limited

Uttarakhand UJVNL Genco 2004 NA

Power Transmission

Corporation of Uttarakhand

Limited

Uttarakhand N/A Transco 2004 NA

West Bengal State Electricity

Board

West Bengal WBSEB Bundled 2007 NA

West Bengal Power

Development Corporation

Limited

West Bengal WBPDCL Genco 2007 NA

West Bengal State Electricity

Distribution Company Limited

West Bengal WBSEDCL Genco +

Discom

2007 NA

West Bengal State Electricity

Transmission Company Limited

West Bengal WBSETCL Transco 2007 NA

WAPDA Pakistan WAPDA Genco 1998 NA

Karachi Electric Supply

Corporation

Pakistan KESC Bundled NA 2005

Pakistan Electricity Company Pakistan PEPCO 1998 NA

Page 313: Institutional and Regulatory Economics of Electricity

299

National Transmission and

Dispatch Company (PEPCO)

Pakistan NTDC Transco 1998 NA

Lahore Electric Supply

Company (PEPCO)

Pakistan LESCO Discom 1998 NA

Gujranwala Electric Power

Company (PEPCO)

Pakistan GEPCO Discom 1998 NA

Faisalabad Electric Supply

Company (PEPCO)

Pakistan FESCO Discom 1998 NA

Islamabad Electric Supply

Company (PEPCO)

Pakistan IESCO Discom 1998 NA

Multan Electric Power

Company (PEPCO)

Pakistan MEPCO Discom 1998 NA

Peshawar Electric Power

Company(PEPCO)

Pakistan PESCO Discom 1998 NA

Hyderabad Electric Supply

Company(PEPCO)

Pakistan HESCO Discom 1998 NA

Quetta Electric Supply

Company(PEPCO)

Pakistan QESCO Discom 1998 NA

Tribal Electric Supply

Company(PEPCO)

Pakistan TESCO Discom 1998 NA

Southern Generation Power

Company Limited(PEPCO)

Pakistan SGPCL Genco 1998 NA

Central Power Generation

Company Limited (PEPCO)

Pakistan CPGCL Genco 1998 NA

Northern Power Generation

Company Limited (PEPCO)

Pakistan NPGCL Genco 1998 NA

Lakhra Power Generation

Company Limited (PEPCO)

Pakistan LPGCL Genco 1998 NA

Ashuganj Power Station Co. Ltd.

(APSCL)

Bangladesh APCSL Genco 1996 NA

Power Grid Company of

Bangladesh

Bangladesh PGCB Transco 1996 NA

Dhaka Electricity Supply

Authority

Bangladesh DESA Discom NA NA

Dhaka Electricity Supply

Company

Bangladesh DESCO Discom NA NA

Dhaka Power Distribution

Company Limited (DPDC)

Bangladesh DPDC Discom NA NA

West Zone Power Distribution

Company

Bangladesh WZPDCL Discom 2005 NA

Electricity Generation Company

of Bangladesh

Bangladesh EGCB Genco 1996 NA

North West Power Generation

Company Ltd.

Bangladesh NWPGCL 2007 NA

BPDB Bangladesh BPDB Genco

and

Discom

1996 NA

Page 314: Institutional and Regulatory Economics of Electricity

300

Rural Electrification Board Bangladesh REB Discom 1996 NA

NEA Nepal NEA Bundled N/A NA

CEB Sri Lanka CEA Bundled NA NA

Page 315: Institutional and Regulatory Economics of Electricity

301

Appendix I - Interview Questions

Selected government official, utility officials, experts were contacted through

email and phone to gather information, documents and publications about the history of

electricity sector reforms in Gujarat and Nepal. The list of questions are as follows:

1) What available documents, articles, and publications document the process of

electricity sector reforms over the last 50 years? What is the best way to find

them?

2) Where can one find the complete list of private sector electricity sector projects as

well as their contractual details?

3) Where can one find publicly available detailed information about electricity sector

projects implemented over the last 50 years?

4) Where can one find public information about the detail of major contractual

disputes in the elctricity sectors?

5) Has any private sector agency carried out an assessment of investment climate in

the electricity sector? If this assessment is publicly available, what is the best way

to get a copy of these assessments?

6) How many times has the government carried out a comprehensive review of

electricity sector performance (including private sector participation)? Are these

reports publicly available? What is the best way to get a copy of these reports?

Page 316: Institutional and Regulatory Economics of Electricity

302

Appendix J - Instrumental Variables

Instrumental variables can be used to address the issue endogeneity. However, it

is very difficult to identify appropriate instrumental variables in the electricity sector and

to find data for instrumental variables. When explanatory variables are endogenous,

ordinary least squares (OLS) gives biased and inconsistent estimates of the causal effect

of an explanatory variable on an outcome. A common strategy for dealing with this

endogeneity is to use instrumental variables (IV) estimation, using as "instruments"

variables thought to have no direct association with the outcome. The exogenous

instruments allow the researcher to partition the variance of the endogenous explanatory

variable into exogenous and endogenous components. The exogenous component is then

used in estimation. More specifically, the IV estimator uses one or more instruments to

predict the value of the potentially endogenous regressor. The predicted values are then

used as a regressor in the original model.

Under the assumptions that the instruments are correlated with the endogenous

explanatory variable but have no direct association with the outcome under study, the IV

estimates of the effect of the endogenous variable are consistent. When searching for

plausible instruments for a potentially endogenous explanatory variable, it is common to

find that the candidates are only weakly correlated with the endogenous variable in

question. Such weakly correlated variables as instruments are likely to produce estimates

with large standard errors. If the instruments are only weakly correlated with the

endogenous explanatory variable, then even a weak correlation between the instruments

and the error in the original equation can lead to a large inconsistency in IV estimates.

Page 317: Institutional and Regulatory Economics of Electricity

303

For this dissertation, the following instrumental variables were considered but rejected

due to weak correlation between these variables and the reform variables.

- Decision of neighboring countries to undertake reforms

- The political strength of the government in a state as an instrumental variable for

the decision to undertake reforms

- Agricultural reforms or reforms in other areas

- Externally imposed requirement to pursue reforms in some countries but not

others.

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304

Appendix K - Classification of states and countries into reform

and governance categories

States Governance Unbundling Regulator PSP

Reform

Rank

Andhra Pradesh Strong Yes Early

Above

Average Strong

Arunachal Pradesh Weak No Late

Below

Average Weak

Assam Weak Yes Late

Below

Average Weak

Delhi Strong Yes Early

Below

Average Strong

Goa Strong No Late

Above

Average Weak

Gujarat Strong Yes Early

Above

Average Strong

Haryana Strong Yes Early

Below

Average Strong

Himachal Pradesh Strong Yes Late

Above

Average Strong

J&K Weak No Late

Below

Average Weak

Jharkhand Weak No Late

Above

Average Weak

Karnataka Strong Yes Early

Above

Average Strong

Kerala Strong No Late

Below

Average Weak

Maharashtra Weak Yes Early

Above

Average Strong

Manipur Weak No Late

Below

Average Weak

Meghalaya Weak Yes Late

Below

Average Weak

Mizoram Weak No Late

Below

Average Weak

Nagaland Weak No Late

Below

Average Weak

Orissa Weak Yes Early

Below

Average Strong

Punjab Weak Yes Early

Below

Average Strong

Rajasthan Strong Yes Early

Above

Average Strong

Sikkim Weak No Late Below Weak

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Average

Tamil Nadu Strong Yes Early

Above

Average Strong

Tripura Weak No Late

Below

Average Weak

West Bengal Weak Yes Early

Above

Average Strong

Pakistan Weak Yes Late

Above

Average Strong

Bangladesh Weak Yes Late

Above

Average Strong

Nepal Weak No Late

Above

Average Weak

Sri Lanka Strong No Late

Above

Average Weak

Bihar (& Jharkhand) Weak No Late

Below

Average Weak

MP (& Chattisgarh) Strong Yes Early

Above

Average Strong

UP (& Uttarakhand) Strong Yes Early

Below

Average Strong