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The Nuclear Issue

July 2005

Nuclear Power:
the future or the past?

Picture - Bill Fernie http://www.caithness.org

Management failure and the deficiencies in the structure of the UK electricity market are at the root cause of the failure of the UK ’s first attempt at private sector nuclear generation.  If the Government is to look to an expansion of nuclear power in the UK , then the lessons of the past will have to be learnt as the brief life of British Energy, as a free-standing private sector nuclear generation company, does not augur well.  

Pre-Privatisation  

The roots of British Energy’s failure can be traced back prior to the privatisation of the electricity supply industry (ESI) in 1990.  The privatisation of the telecoms and gas sectors were widely seen as having been very successful, with the government of Margaret Thatcher having simultaneously removed huge swathes of spending from the Public Sector Borrowing Requirement (PSBR) and massively expanded individual share ownership.  Flush with these successes, the Government saw the ESI was the next logical target for liberalisation and privatisation.  However, the ESI had one major problem - nuclear power.  In the 1988 White Paper, ‘Privatising Electricity’, the Government accepted that the old Magnox nuclear stations, mostly built in the 1950’s and 1960’s were so close to the end of their working lives that they would have to stay in public ownership.  However, the more modern Advance Gas Cooled Reactors (AGRs) could, along with the Pressurised Water Reactor (PWR) then being built at Sizewell in Suffolk, be sold to the private sector.  Because the decommissioning liabilities associated with these power stations were so large, it was necessary that the private sector entity set up to own them would have to have a very large asset base to fund them.  As a result, National Power (NP) was made very large indeed with 64% of England and Wales ’ installed generation capacity in its hands.  To provide some competition for National Power, another very large player had to be established.  Thus, Powergen (PG) was allocated generation equivalent to 30% of England and Wales generation capacity.  The oligopolisitc structure of the generation market in England and Wales that lasted for most of the 1990’s owed its existence to nuclear power.   

Unfortunately, despite the best efforts of the Government and its advisors, the City would not accept the risk associated with the decommissioning costs of the AGR/PWR fleet and so, to save the privatisation from failure, the nuclear stations were pulled-out of National Power and remained in the public sector.  The Scottish power stations were placed in a Scottish registered State-owned company ‘Scottish Nuclear’, whilst Sizewell B, the remaining AGRs and the aging English/Welsh Magnox units, were owned by the State-owned ‘Nuclear Electric’.  These two State companies had independent headquarters ( Glasgow and Gloucester ), independent workforces, different operating procedures and separate procurement contracts.   

Despite being required to sell-off plant, NP and PG retained very significant pricing power through most of the 1990s.  Indeed, the resulting imposition of an annual price ‘cap’ by OFFER, the Regulator, merely served to highlight the pricing power of these two dominant players as they managed the annual average price of electricity to meet the cap, but increased the price of power across the demand peaks (when they had more of their plant operating) to increase company returns.  These high prices made the economics of gas generation appear very favorable indeed, prompting a rapid growth in gas generation capacity throughout the 1990’s.  

Privatisation  

In 1996, following improvements to the output performance of the nuclear units funded, in part, by receipts from a levy on all electricity suppliers, the City could, at last, be persuaded to take-on nuclear liability risk and British Energy was successfully floated.  It is, perhaps, because the key players from the 1990 ESI privatisation had, by then, departed, that the BE team accepted that the price of the long-term take-or-pay contract for AGR fuel reprocessing with British Nuclear Fuels Limited (BNFL) should be linked to the Retail Price Index.  Ultimately costing over £300M to service, this contract alone would have pushed British Energy into a financially precarious situation.  Unfortunately, it was just the biggest of a series of major deals that, with the benefit of hindsight, were disastrous for the Company.   

Although it was the parent company for Nuclear Electric Limited (NEL) (Sizewell B and the English AGRs) and Scottish Nuclear Limited (SNL) (Torness and Hunterston B), Edinburgh-based British Energy was viewed with immense suspicion by the management team of NEL who wished to remain in charge of their own destiny.  Relations between the two management teams remained bad with very poor communications and considerable mistrust.  It was this failure by British Energy senior management to successfully integrate their largest operating subsidiary that fatally weakened the new company.  It was only in 2000 that NEL was brought to heel, by which time very considerable damage had been done.  

Wholesale Market Change  

The ’97 Labour Government of Tony Blair had a very different set of priorities to the outgoing Conservatives.  The view was now that the market power of the incumbent generators was excessive as prices were not falling as they should and coal-burning generation was not being adequately rewarded for its innate flexibility.  The existing wholesale electricity market (the ‘Pool’) was seen as preventing innovation and change in the ESI.  It, therefore, had to be scrapped.  The Government announced its plans for new electricity trading arrangements (NETA) in 1999.  This prompted a significant sell-off of generation assets by NP and PG as they sought to position themselves for the new market.  Believing that flexible generation assets would be essential in an otherwise inflexible nuclear generation portfolio, British Energy bought Eggborough power station from National Power.  In hindsight, for a generator with no supply business to act as a natural hedge, the purchase of more generation in a market where the Government itself declared an aspiration to see prices fall by 10% was remarkable.  However, what happened next seemed to defy common sense.   

Along with all the other players in the market, British Energy had been seeking to purchase a domestic supply business to provide itself with a hedge against falling prices.  Outbid by EdF for both London Electricity and SWEB, BE finally purchase SWALEC for £105M.  However, within 12 months of the purchase, electricity prices had fallen dramatically and the Company’s senior management lost the appetite to fund the necessary investment to grow SWALEC to a size that was deemed to be competitive.  In a decision that ultimately cost him his job, CEO Peter Hollins sold SWALEC to Scottish & Southern Energy whilst retaining its largest liability – the out-of-the-money take or pay contract with Teesside Power Limited (TPL).  

In the 36 months from October 1999 to September 2002 wholesale electricity prices fell some 35% from £24/MWh to £15.50/MWh.  Whilst some of this was almost certainly due to aggressive speculative ‘shorting’ (prices had recovered to £22/MWh by the Summer of 2003), the effect of the significant amounts of gas generation, developed as a result of the high electricity prices of the 90’s managed market, were finally being felt.  The effect on British Energy was dramatic.  With 3 major contracts now firmly out of the money and nuclear fuel back-end costs rising with RPI, the company need to renegotiate its contract with BNFL to stay solvent.  Unfortunately, the senior management at BNFL were, themselves, obsessed with their own planned privatisation.  The BE contracts were critical to the acceptance of this privatisation by the City.  BNFL miss-read the situation at BE and refused a compromise.  The result was a Government emergency bail-out for BE and, ultimately, its restructure into an exclusively UK focused nuclear operating company in which the UK Government is, effectively, the largest stakeholder, taking 65% of the Company’s free cashflow.  For BNFL, the much hoped-for privatisation was abandoned.     

The Lessons  

The failure of British Energy owed a great deal to the poor quality of decision-making, over several years, by its senior management team.  However, the Company would almost certainly have survived without restructure if the market price for its product had not fallen by over 30% in 3 years.  This price collapse was, itself, the product of a radical change in market design unenvisaged when the Company was floated just 3 years previously, and also generation developers investment decisions based upon prevailing prices in the ‘managed’ market of the 1990s – itself a creation of Government.  

Electricity is a commodity in the UK , its price volatile and the market shallow.  Securing fundind for new nuclear build is, therefore, likely to be a major challenge.  Thus, if a new generation of nuclear investment is forthcoming, it is essential that governments resist the temptation to ‘fiddle’ with the design of the market.  Given the record of the last 15 years, this seems pretty unlikely.      

Article by Phil Levermore. phil.levermore@clara.co.uk

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