ECONOMYNEXT –Procurement of renewable energy as well as transmission lines without competitive tenders will be legalized in a planned electricity reform law, the Institution of Engineers of Sri Lanka has warned.

“Despite declaring the objects of the proposed Act to be “allowing open competitive procurement of new generation capacity including renewable energy”, the body of this Act states the complete opposite,” the IESL said.

“The present practice of procuring renewable energy projects at higher prices through negotiated deals and at feed-in-tariffs that never decrease, has been further strengthened by incorporating it into the main electricity legislation in the country, when most countries have given up such practices long ago to make way for competition.

“The proposed Act does not have clauses that bring any relief to Sri Lanka’s electricity customer, burdened with prices almost double that of competitor countries in the region.

“Similarly, procurement of transmission capacity can be non-competitive…”

Privately owned transmission can also be procured without competition, the IESL said.

India’s Adani is expected to build a transmission line apparently without competitive tender.

It is also building the largest renewable plant in the island so far without competitive tender.

Related India’s Adani to build Sri Lanka transmission line with wind plants

The IESL said the powers of the Public Utilities Commission would also be watered down through the new law.

“This Council and the Minister have been bestowed with powers to decide on electricity tariff policy and approval of the long-term power generation and transmission plans, too, making a mockery of these highly technical functions so far handled by the PUCSL,” the IESL said.

“Instead of strengthening the existing regulatory functions and capacity of PUCSL, this Act makes PUCSL an agency that merely implements what the Minister and his Council decides.

“The worldwide best practice is otherwise: a stronger, highly professional and fiercely independent regulator implements the law and the policy, through licensing.”

The full statement is reproduced below:

The Proposed Sri Lanka Electricity Act 2024

The Institution of Engineers Sri Lanka (IESL) is the apex body representing over 25,000 professional engineers. IESL has closely followed the developments in the electricity supply industry, making constructive recommendations to ensure customers receive a reliable electricity supply at a regionally competitive price. Sadly, both the above conditions have not been fulfilled owing to actions or inaction of governments and sector institutions. The electricity sector has been moving from one crisis to another. In the ongoing efforts to reform the sector, IESL made several representations to the government since 2022. Sadly, the proposed Act tabled in Parliament in April 2024 does not reflect most necessary recommendations of IESL and other stakeholders who value meaningful reforms, thus failing to bring solutions to several serious shortcomings in the sector.

Instead of making the sector governance simpler and the government intervention smaller, the proposed Act creates a new institution called an Advisory Council. It duplicates some functions or transfers some functions of the Public Utilities Commission of Sri Lanka (PUCSL) – the regulator, to the Council.

The proposed Act hands over the role of the government as the policy maker to the Advisory Council appointed solely by the Minister of Power and Energy. This Council and the Minister have been bestowed with powers to decide on electricity tariff policy and approval of the long-term power generation and transmission plans, too, making a mockery of these highly technical functions so far handled by the PUCSL. Instead of strengthening the existing regulatory functions and capacity of PUCSL, this Act makes PUCSL an agency that merely implements what the Minister and his Council decides. The worldwide best practice is otherwise: a stronger, highly professional and fiercely independent regulator implements the law and the policy, through licensing.

Despite declaring the objects of the proposed Act to be “allowing open competitive procurement of new generation capacity including renewable energy”, the body of this Act states the complete opposite. The present practice of procuring renewable energy projects at higher prices through negotiated deals and at feed-in-tariffs that never decrease, has been further strengthened by incorporating it into the main electricity legislation in the country, when most countries have given up such practices long ago to make way for competition. The proposed Act does not have clauses that bring any relief to Sri Lanka’s electricity customer, burdened with prices almost double that of competitor countries in the region. Similarly, procurement of transmission capacity can be non-competitive, and in addition this Act allows private transmission lines.

The proposed Act allows private investments in generation, transmission, and distribution. However, the authority to grant a license to conduct such a business, presently with PUCSL (which is the worldwide practice in power sector reforms), will now be transferred to the Minister by this Act. Such “political” approval of licenses for a commercial business, at a time when Sri Lanka embarks on the next phase of reforms by inviting private investments to transmission and distribution, will make the reforms meaningless.

With private ownership allowed into 100% of each generation and distribution entity, safeguards to prevent formation of monopolies are grossly inadequate.

Technical matters too, have not been addressed adequately. The grid and technical codes thereof have been defined to be “above 33 kV”, ignoring the need for a distribution code, in an era where distributed generation is growing and would eventually be the main supplier of generation. This not only brings an unregulated block of generation and power wheeling across distribution networks, without adequate technical safety and economic regulation. Serious control problems leading to brownouts or blackouts cannot be avoided.

IESL calls upon the government to seriously review these glaring shortcomings and amend the proposed Act to ensure the above and other serious deficiencies pointed out by our detailed report are rectified. Without revisions, this Act will further aggravate problems of governance, unreliability, and high costs, that have plagued the electricity sector for decades. The proposed Act, if implemented without these amendments, is designed to fail technically and economically, with excessive political interference at every turn.