Parliament of Ghana has approved the proposed takeover of Electricity Company of Ghana, ECG by Meralco Consortium
Per the agreement, the Millennium challenge corporation is expected to inject about $418 Million into the deal while Meralco will inject about $500 million.
Presenting the joint committee’s report on the floor of Parliament, Tuesday, July 24, 2018, the Chairman of the Committee on Mines & Energy, Emmanuel K. Gyamfi told Members that the Committee is hopeful that the private sector participation in the ECG by means of a concession would help to turn around the fortunes of the utility service provider and return the company to financial and operational viability.
The deal, he noted, is advantageous to the government partly because the Concessionaire is responsible for all major new investments that will help to minimize the impacts of such investments on the national budget.
– increase employment opportunities for men and women and raise earning potential from self-employment and,
– improved social outcomes for men and women.
Lease and Assignment Agreement
According to the report, the concession agreement comprises three different sub-agreements: lease and assignment agreement,
The Lease and Assignment Agreement (LAA) between the ECG and the Concessionaire is the primary document governing the 20-year relationship between ECG and the Concessionaire with regards to ECG’s Distribution system. It also protects the interest and rights of the current staff of ECG.
Furthermore, the report also indicates that the Concessionaire would be required under the Agreement to inject an amount of US$580m in the Distribution System during the first five years of the agreement period.
Bulk Supply Agreement
The Bulk Supply Agreement between ECG and Concessionaire deals with the back-to-back purchase by the Concessionaire of the capacity and energy made available to ECG under the Power Purchase Agreements(PPAs) to which ECG is a party. The Concessionaire would do nominations and ECG would supply the power to be paid for by the Concessionaire.
ECG will sell all capacity and energy made available under the Portfolio PPAs to the Concessionaire in exchange for the payment by the Company of all capacity and energy payments on a back-to-back basis.
Government Support Agreement
With this, the government is providing a sovereign guarantee to indemnify the Concessionaire for any substantial breach by ECG of the terms and conditions under the Lease and Assignment Agreement and the Bulk Supply Agreement. The areas where the sovereign guarantee is being provided include payment of electricity bills supplied to Ministries, Departments and Agencies (MiDA) and Buy-Out Price after the expiration of the 20-year concession period.
The agreement makes special arrangement for the supply and payment for electricity to Strategic Facilities of Government.
The shareholding structure of the Concessionaire is;
Manila Electric (Meralco) of Philippines – 30%
Aenergia SA, (Angola) – 19%
Santa Baron Ventures Ghana – 13%
TG Energy Solutions (Ghana) – 18%
GTS Engineering Ghana Limited – 10%
TBK Ghana Limited – 10%
Per the shareholding structure, Ghanaian ownership is 51% with the remaining 49% going to foreign participation.
Technical and Commercial losses
The ECG, according to the report, experienced approximately 23% aggregate Technical and Commercial losses in 2017. This percentage loss is expected to be reduced significantly per the agreement.
But the Ranking Member of the Mines & Energy, Adam Mutawakilu, commenting on the deal told the House that per the agreement, the Millennium Challenge Compact is expected to release US$190.2million in addition to US$124.299million that will be released by the Concessionaire to turnaround the fortunes of the ECG for the first year.
The amount, he noted, will do little in reducing the technical and commercial losses of the ECG. This, he noted, does not augur well for the company as far as the agreement is concerned.
Assets of ECG
MP for Yapei/Kusawgu and former deputy Minister for Power, Hon. John Abdulai Jinapor also commenting on the deal said he is much concerned about the value of assets of the state utility company as captured in the Minister’s accompanying memo to the House.
Chairman of the Finance Committee and MP for New Juaben South,
He said per the details of the original agreement as entered into by the previous agreement, 80% of the deal would have been given to foreign participation with only 20% going to local participation.
The Minister for Energy, Boakye Agyarko, on his
He also indicated that the current arrangement makes it quite difficult to dedicate certain cheaper hydro sources of energy to power critical industries such as the refinery and smelting in the
In this regard, the current PPAs held by Volta River Authority would be transferred to ECG.