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Starting in the late 1980s many nations began to reform their electric power markets away from state-dominated systems to those with a greater role for market forces. In developing countries, especially, these reforms have proved challenging. Successful reform requires a complex set of institutions and complementary reforms, such as in public finance and corporate governance. State-dominated systems typically create their own powerful constituencies that block or redirect the reform process. In an earlier detailed study of reform in five key developing countries, the Program on Energy and Sustainable Development (PESD) found that the result of these pressures, in most cases, is a “hybrid” outcome—an electric power system that is partly reformed and partly dominated by the state 2. Almost always the first step in hybrid reform is the encouragement of private investors to build independent power projects (IPPs)—generators that are hooked to the main power system and, typically, supply electricity according to long-term power purchase agreements (PPAs).

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Program on Energy and Sustainable Development Working Paper #23
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David G. Victor
Thomas C. Heller
Joshua C. House
Pei Yee Woo

PESD
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Ale Núñez was a Research Fellow at the Program on Energy and Sustainable Development. At PESD, her research focused on foreign investment in independent power projects in Argentina, Brazil and Mexico. Her academic interests include privatization and regulation of water and electricity infrastructure in Latin American countries, as well as economic history, sociology and legal theory.

Ale holds a Master of Laws (LL.M, 2003) from Harvard University, where she was research assistant to Duncan Kennedy, Carter Professor of General Jurisprudence. She graduated with honors from ITAM (LL.B, 2001), after having been research assistant to the Dean of the Law School, Dr. José Ramón Cossío Díaz, now an Associate Justice at the Mexican Supreme Court. She also worked in the litigation department of Morrison & Foerster LLP in Palo Alto, California, on patent infringement claims and political asylum cases, and was an active member of the firmwide Latin America Practice Group on Finance and Infrastructure.

In her spare time, Ale directs travel videos featuring Mexico, her native country. Her work is available at public libraries and retail stores throughout the US, and at www.alexandratravel.com.

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David G. Victor
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The BP Foundation has awarded a three-year, $1.95 million grant to Stanford University for a broad research program on modern energy markets. The foundation is funded by BP, formerly British Petroleum, one of the world's largest energy companies. The gift will support the Program on Energy and Sustainable Development at the Stanford Institute for International Studies(SIIS).

The BP Foundation has awarded a three-year, $1.95 million grant to Stanford University for a broad research program on modern energy markets. The foundation is funded by BP, formerly British Petroleum, one of the world's largest energy companies. The gift will support the Program on Energy and Sustainable Development at the Stanford Institute for International Studies (SIIS). With the gift, BP joins the Electric Power Research Institute in Palo Alto, CA, as one of the program's core sponsors.

"This new partnership with BP will allow the program to accelerate research in several areas, including the design and operation of market-based policies to address the threats of global warming," said program director %people2%. "In addition to BP Foundation support, we look forward to learning more from BP's own experience as an energy company, which touches on every aspect of our program's research."

The agreement reflects a commitment by BP and Stanford to complement technical research with similar work on the legal, political and institutional dimensions of how societies derive value from energy, he added.

"Stanford University is undertaking ground-breaking research with the potential to have a profound impact on the organization of modern energy markets and the conduct of environmental policy," said Greg Coleman, BP's group vice president for environment, health, safety and security. "We hope that this is just the first step in a relationship which will become broader and deeper."

The agreement with Stanford is the latest in a series of BP partnerships with universities in the United Kingdom, the United States and China representing a total commitment of more than $100 million, according to BP officials. The Stanford agreement is expected to complement work under way at Princeton University, the Chinese Academy of Sciences and Tsinghua University, company officials added.

Founded in 2001, the SIIS Program on Energy and Sustainable Development focuses on the political, legal and institutional aspects of modern energy services, in collaboration with faculty from the Stanford School of Law and several university departments, including political science and economics. About half of the program's resources are devoted to research partnerships in key developing countries, including Brazil, China, India, Mexico and South Africa. Program researchers have examined the emergence of a global business in natural gas, reforms of electric power markets and the supply of modern energy services to low-income rural households in developing countries.

The program is housed in the Center for Environmental Science and Policy - one of five major research centers at SIIS, the university's primary forum for interdisciplinary research on international issues and challenges.

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After a long period of rapid growth the Brazilian power industry entered a period of stagnation and crisis in the 1980s. Ever since the 1930s a series of tariff rules and nationalizations had squeezed private investors from the market. In their place, state enterprises had assumed the function of distributing electricity in Brazil's 26 states; Eletrobras, owned by the central government, managed the transmission system and also generated much of the electricity in Brazil. Through its control over state funds for building power plants, Eletrobras pursued vast projects such as the Itaipu hydroelectric plant and assured low electricity prices as part of the government's policy of import substitution. In the shock of the two oil crises and the Latin American debt crisis this system unraveled. Financing costs escalated yet tariffs were kept low; losses mounted.

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Program on Energy and Sustainable Development Working Paper #2
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Executive Summary

 

The purpose of this paper is to present a general framework for electricity market design in Latin American Countries (LACs) that addresses the current problems facing electricity supply industries (ESIs) in this region. The major issue addressed is what market rules, market structures, and legal and regulatory institutions are necessary to establish a competitive wholesale market that provides the maximum possible benefits to consumers consistent with the long-term financial viability of the ESI.

The paper first presents a theoretical foundation for analyzing the electricity market design problem. A generic principal-agent model is presented and its applicability to the electricity market design problem explained. It is then applied to illustrate the incentives for firm behavior under regulation versus market environments. The impact of government versus private ownership on firm behavior in both market and regulated environments is also addressed using this model. This discussion is used to guide our choices for the important lessons for electricity market design in developed countries and LACs.  Using the experiences from ESI reform in developed countries, the paper presents five essential features of a successful wholesale electricity market. The first is the need for a sufficient number of independent suppliers for a competitive market to be possible. Merely declaring the market open to competition will not result in new entry unless no single supplier is able to dominate the market. Second is a forward market for electricity where privately-owned firms are able to sell long-term commitments to supply lectricity. This report argues that the conventional wisdom of establishing a competitive spot market first leading to a competitive forward market is an extremely expensive process in developed countries and is prohibitively expensive in developing countries. Third is the need for the active involvement of as many consumers of electricity as is economically feasible in the operation of the wholesale market.  This involvement should occur both in the long-term and short-term market. In the short-term market, there must be a number of buyers willing to alter their consumption of electricity in response to short-term price signals. Fourth is the importance of a transmission network to facilitate commerce, meaning that the transmission network must have sufficient capacity so that all suppliers face significant competition. This implies a dramatically different approach to determining the quantity and magnitude of transmission network expansions in a market regime.  The final lesson is the need to establish a credible regulatory mechanism as early as possible in the restructuring process. An important lesson from developed countries around the world is that the initial market design will have flaws. This implies the need for ongoing market monitoring to correct these flaws before they develop into disasters.

The paper then takes on the issue of the specific challenges to LAC restructuring. Rather than focus on the details of specific markets, the paper instead identifies a number of problems common to LACs and provides recommended solutions to each of these problems. A major theme of this section is a warning that short-term solutions to market design flaws can have longterm market efficiency costs. The paper identifies seven major challenges to Latin American ESI restructuring. The first is related to the problem of introducing wholesale markets in systems dominated by hydroelectric capacity. This section also deals with the related issue of using cheap hydroelectric power as a way to keep electricity prices low and the risk of electricity shortages high. The second issue is concerned with the difficulties of establishing an active forward market for electricity in LACs. The third relates to the LAC-specific challenges associated with establishing an independent and regulatory body. The fourth addresses the advisability of cost-based versus bid-based dispatch of generation units in LAC wholesale markets. The fifth is how to regulate the default provider retail electricity price in LACs. Sixth concerns the advisability of capacity payments mechanism for ensuring energy adequacy in markets where demand is expected to grow rapidly. The final issue is the role for government versus private ownership in LACs.

The report then discusses specific market design challenges in five LACs. These countries are Brazil, Chile, Colombia, Honduras, and Mexico. A number of these challenges are specific examples of the general challenges discussed earlier in the paper, whereas others are unique to the geography, natural resource base or legal environment in the country.

The report closes with a proposed market design that should serve as a baseline market design for all LACs. Deviations from this basic design could be substantial depending on initial conditions in the industry and the country, but the ideal behind proposing this design is to have a useful starting point for all LAC restructuring processes.

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Stanford University, Department of Economics
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Frank Wolak

This conference is being held at the early stages in a cluster of related studies on the political economy of electric power systems in developing countries. The event has been timed to allow the presentation of the first drafts of the overall framework as well as individual case studies-to be critiqued and counseled. The introductory overview provides a framework for thinking about the "political economy" of reform-the legal, political and institutional issues that largely determine the organization of electric power systems and explain the outcomes of different attempts at reform. The study is expected to be finalized by summer 2003.

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Professor at the School of International Relations and Pacific Studies and Director of the School’s new Laboratory on International Law and Regulation
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David G. Victor Associate Professor Moderator Program on Energy and Sustainable Development

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Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies, Emeritus
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An expert in international law and legal institutions, Thomas C. Heller has focused his research on the rule of law, international climate control, global energy use, and the interaction of government and nongovernmental organizations in establishing legal structures in the developing world. He has created innovative courses on the role of law in transitional and developing economies, as well as the comparative study of law in developed economies. He co-directs the law school’s Rule of Law Program, as well as the Stanford Program in International Law. Professor Heller has been a visiting professor at the European University Institute, Catholic University of Louvain, and Hong Kong University, and has served as the deputy director of the Freeman Spogli Institute for International Studies at Stanford University, where he is now a senior fellow.

Professor Heller is also a senior fellow (by courtesy) at the Woods Institute for the Environment. Before joining the Stanford Law School faculty in 1979, he was a professor of law at the University of Wisconsin Law School and an attorney-advisor to the governments of Chile and Colombia.

FSI Senior Fellow and Woods Institute Senior Fellow by courtesy
Thomas C. Heller Professor Moderator Stanford Law School

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J.S.D.

Dr. Tjiong joined PESD in September 2002. His work at PESD concentrates in the realm of electric power market reform. Since 1999, Dr. Tjiong has been a Research Associate with the Max-Planck-Projectgroup, Common Goods: Law, Politics, and Economics in Bonn, Germany. Previously, he served as Consultant to the Consumer Policy Committee for the OECD in Paris, France. Dr. Tjiong holds a J.S.D. from Stanford University School of Law and a J.S.M. from the Stanford School of Law Program in International Legal Studies. He also attended Erasmus University Rotterdam.

Postdoctoral Scholar (2002-2003)
Henri Tjiong Fellow Moderator Program on Energy and Sustainable Development
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