Said price shall be offered by the Producer respecting the ranges established in the tariff set by ARESEP that is in force at the time of submitting its proposal.
In the contract signed by ICE with the Producer, the price offered shall be stipulated along with the formula for its updating during the term of the Contract.
The formula for updating the energy price must be supported on the basis of recognizing only the variations in operating costs (costos de explotación) and must be stipulated in the terms of reference, so that it forms an integral part of the offered price.
The recognition of any adjustment resulting from the application of the indicated formula shall be subject to the energy purchase price, at all times, being within the limits established by the tariff that ARESEP has in force.
From the aforementioned articles, it is concluded that ICE shall purchase the energy at the price that the producer offers in the process through which the bidder was selected for the sale of electricity to ICE. Such prices must respect the tariff ranges established by ARESEP, likewise, any subsequent adjustment shall be subject to it being within the limits established by the tariff that ARESEP has in force at the time. Therefore, the contracts established between the electric energy bidders and ICE determine the current and future conditions that will govern the purchase price and the method of updating costs according to what is established in Law N° 7200 and its amendments, and Decree 37124-MINAET. Furthermore, the Regulatory Authority is obligated to review the tariffs at least once a year, according to Law 7593.
Position 5. Cost Updating There are differences regarding the indices used in the different tariff models, the formulas, and the sources of information for said indices, which could be creating differences (unjustified discrimination) in the treatment for cost updating; therefore, these elements should be unified and defined as precisely as possible to avoid the discretion of ARESEP's technicians when applying extraordinary fixations (fijaciones con carácter extraordinario).
Response Precisely, this proposal to modify the methodologies for private generation with renewable resources aims to unify and standardize criteria. The criteria that were defined to standardize, unify, and modify are found in the justification and scope of the proposal.
On the other hand, the fact that some calculations are left open to a certain degree of discretion by technicians, due to the type of information available or its variability, on one hand does not exempt them from the fact that these must be very well justified when applying the model and calculating the tariff, and on the other hand does not prevent their review by interested parties, since the technical report containing them is subjected to the public hearing process, through which opinions can be offered on the calculations made.
Position 6. Environmental Factor The Board of Directors of ARESEP approved an environmental factor for the existing hydro plant model, which is considered an important step in terms of incentivizing renewable energies. However, it is considered discriminatory that it is not included in the other private generation tariff methodologies.
Furthermore, it should be leveraged, not only to include the environmental factor in all tariff models, but also to calculate the corresponding value so that it is incorporated into the tariff.
Response The position is outside the scope of this proposal to modify the private generation methodologies.
Position 7. Updating of Investment Costs Regarding the updating of investment costs to be considered in the tariff models, it must be pointed out that it is necessary to precisely define the indices that will be used for this purpose and not simply indicate that it will be done with a representative index, which means it is left to the discretion of ARESEP's technicians, creating uncertainty for the parties involved, both the buyer and the seller. It must be remembered that every aspect that generates uncertainty in the tariffs increases the financing cost and, therefore, the prices that end users of the electricity supply service will ultimately pay.
Response It is necessary and pertinent that the methodological proposal considers that the updating of the investment amount (monto de inversión) may be done through the selection of an index representative of the sector, as long as there is a technical reason for it. The foregoing, since in the past indices have been identified that more accurately represent the evolution and behavior of the sector for indexing purposes, which is why it is considered necessary to leave open the possibility of including in the updates new indices that congruently and accurately better reflect the characteristics of the sector. In each fixation, if the respective index has been modified, it is ARESEP's duty to present the technical justification, in accordance with the General Public Administration Law (Ley General de Administración Pública), and the value of the index to be used so that it is known to all involved actors.
Position 8. Regarding the calculation of profitability, the tariff models refer to the following:
"The information source chosen for the variables described in points 1 and 2 shall be used consistently, in terms of the length of the historical series (5 years), the frequency of the observations (one observation per year, corresponding to the published average) and the calculation of the average (arithmetic mean of the observations corresponding to the most recent 5 years for which information is available). In the event that, for any of the cited variables, it is not possible for ARESEP to have a recent historical series that completes 5 annual observations, the historical series of less than 5 years shall be used equally for all variables." However, within said text, the reasons that ARESEP has for taking values of the risk-free rate (tasa libre de riesgo) and risk premium (prima por riesgo) variables from public and serious information sources and applying additional calculations to them are not explained, distorting what the theory on the CAPM establishes.
In the abundant literature on the CAPM, one can find the different options for calculating the values of the variables used and the consistency in terms of the periods of data from which recognized information sources publish the updated values of said variables. On the other hand, the alternative source of information, Ibbotson Cost of Capital, is not public and creates, again, uncertainty as to when said alternative source will be used.
Response This methodological proposal follows the criteria that the theory establishes in terms of the regulatory rate-of-return approach and, particularly, regarding the calculation of the CAPM. The data used are taken directly from Damodaran as a source of information, without modifying those values. The estimated averages for the variables that enter the CAPM calculation aim to consider a rate of return that correctly considers the annual information presented by Damodaran for such variables.
Although Ibbotson, as well as other rigorous and reliable information sources that develop and present information required for the CAPM calculation are paid, ARESEP will ensure and make available the information used in each tariff fixation for public knowledge.
Position 9. Lastly, it must be clear that the alternative information source cited for the risk premium: "Ibbotson Cost of Capital Yearbook" is not a freely accessible source (public) and furthermore, it is not explained in which cases said information source will be used.
Response In Position 8 above, a response was given to this issue.
9. Molinos de Viento del Arenal, S.A., P.H. Don Pedro, S.A., and P.H. Río Volcán, represented by José Benavides, identity card number 1-0478-0037, in his capacity as president of the aforementioned companies Position regarding the proposal to modify the tariff-setting methodologies for private electric energy generators with renewable resources.
Position 1. Regarding the Calculation of return on capital contributions through the Capital Asset Pricing Model (CAPM), the following are presented:
Position 1.1: Proposed modification - Information Sources: To obtain the values corresponding to the macroeconomic variables of risk premium (PR), country risk (RP) and unlevered beta (βd), two possible sources of information are indicated: the website of Dr. Aswath Damodaran, and the Cost of Capital Yearbook published by Ibbotson.
To avoid possible subjectivities, it is necessary to define and expressly indicate in the methodology, which of the two sources must be used. Additionally, the Ibbotson source is published annually during the month of March, so it is not possible to have real information in real time that allows precise monitoring of the variation in the tariff fixation.
Request: Establish as the source to be used, the one published on the website of Dr. Aswath Damodaran. Additionally, publish annually and prior to the tariff fixation, the precise values that Aresep will use for setting the tariffs.
Response It is necessary and pertinent that the methodological proposal consider that the selection of the financial information source to be used for the CAPM calculation and its component variables (Risk premium (PR), Country risk (RP) and Unlevered beta (bd)) may be obtained from the information published either by Dr. Aswath Damodaran or, alternatively, from the "Ibbotson® Cost of Capital Yearbook". Leaving open the possibility that if any of these sources become unavailable, another public and reliable source will be used. This allows using the financial information source that most adequately reflects the sector being tariffed.
The foregoing, as long as the technical reason for it is justified and argued. In each fixation, it is ARESEP's duty to present the technical justification for the selection of the information source to be used, in accordance with the General Public Administration Law, and the value of the index to be employed so that it is known to all involved actors.
Although Ibbotson, as well as other rigorous and reliable information sources that develop and present information required for the CAPM calculation are paid, ARESEP will make available the information used in each tariff fixation for public knowledge.
Position 1.2: Proposed modification - Risk-free rate (KL) The proposed modification establishes that the value to be used for the risk-free rate (KL) will correspond to the nominal rate of the United States of America (USA) Treasury Bonds with the same term at which the risk premium is calculated. However, it is not clear regarding the data to be used, considering it from the website of Dr. Aswath Damodaran.
Request: Considering that it is a usual practice within the sector to use 20-year terms, it is suggested to establish the values of the United States of America (USA) Treasury Bonds at a term of 20 years as the value to be used for the risk-free rate (KL).
Response It is considered correct that the instrument to be used for the risk-free rate is the TCMNOM; however, the maturity period of the instrument is left subject to the same maturity period used by Professor Damodaran in the case of estimating the risk premium, so that the calculation of the Cost of Capital (CAPM) is consistent. This applies exclusively for fixations that use Damodaran as a source to obtain the CAPM.
Position 1.3. Proposed modification - Risk premium (PR) Comment: The proposed modification establishes that the value to be used for the risk premium (PR) will correspond to the average of the values available on the website of Dr. Aswath Damodaran. However, the indicated source publishes two types of risk premium: ERP Trailing 12 months (ERP T12m) and ERP Smoothed.
In accordance with the proposed modifications, for estimating the PR value to be used, a historical series equal to 5 years must be considered. However, it has been identified that the available data for ERP Smoothed, the instrument selected by ARESEP in the last tariff fixation for new private wind generation, does not meet this criterion since the available information dates from 2012.
Request: Establish the use of the ERP Trailing 12 months (ERP T12m) values published on the website of Dr. Aswath Damodaran for estimating the PR value, considering that it has more published historical data (from September 2008) as well as publish annually and prior to the tariff fixation, the precise PR values to use for setting the tariffs.
Response It is considered necessary and pertinent that the methodological proposal considers that the selection of the financial information source to be used for the CAPM calculation and its component variables (Risk premium (PR), Country risk (RP) and Unlevered beta (bd)) may be obtained from the information published either by Dr. Aswath Damodaran or, alternatively, from the "Ibbotson® Cost of Capital Yearbook". Leaving open the possibility that if any of these sources become unavailable, another public and reliable source will be used. This allows using the financial information source that most adequately reflects the sector being tariffed.
The foregoing, as long as the technical reason for it is justified and argued. In each fixation, it is ARESEP's duty to present the technical justification for the selection of the information source to be used, in accordance with the General Public Administration Law, and the value of the index to be employed so that it is known to all involved actors.
It is clarified that in the case of Professor Damodaran, the values for the risk premium are given and what is proposed is to use an average of the annual value observed for the last 5 years prior to the tariff fixation.
The methodology is clear in indicating the source from which the information is obtained. In the case of using Damodaran as a source of information, it is considered to leave the link to the website and not a particular electronic address, given the latter can change or be modified over time. It is clarified that Implied Premium (FCFE) is used.
Position 1.4. Related provision: proposed modification - Historical series Comment: The proposed modification indicates that for estimating the values to be used for the Risk-free rate (KL), risk premium (PR), country risk (RP) and unlevered beta (βd), historical values from the most recent 5 years for which information is available must be used. However, it is not specified whether the 5-year history corresponds to calendar years (data collected from January 1 to December 31) or corresponds to the last 60 months prior to the tariff fixation.
Request: Establish that the 5-year history corresponds to the 60 months prior to the tariff fixation in order to give greater transparency to the tariff-setting process. For the case of macroeconomic variables that are only published annually (country risk and unlevered beta) and considering that their annual variation is minimal, establish that the 5-year history consists of the annually published data corresponding to calendar years (01 January - 31 December). Additionally, publish annually, and prior to the tariff fixation, the precise PR values to use for setting the tariffs.
Response Annual values are used to estimate the average, and they correspond to the values observed for the 5 years prior to the tariff fixation.
Position 1.5. Related provision: proposed modification - Financial leverage Comment: The proposed modification establishes that for estimating the relationship between debt and equity, a weighted average by installed capacity of the most recent information regarding the financing level of each type of private plant for electric generation that is available at ARESEP shall be used. However, in accordance with the "Declaration of confidentiality for contract management for energy purchase under Chapter I of Law 7200 and its amendments" recently published by ICE, the financial documentation regarding the availability of the financial resources necessary to complete the project studies is declared confidential; therefore, the information on financial leverage is not public, which is not in line with what ARESEP established in the proposed modification, in which it clearly indicates that information sources must be public and reliable.
Request: Continue using the current leverage value of 75%.
Response The position is outside the scope of this methodological modification proposal. On the other hand, the fact that some calculations are left open to a certain degree of discretion by technicians, due to the type of information available or the variability of the same, on one hand does not exempt them from the fact that these must be very well justified when applying the model and calculating the tariff, and on the other hand does not prevent their review by interested parties, since the technical report containing them is subjected to the public hearing process, through which opinions can be offered on the calculations made.
Position 1.6. Related provision: proposed modification - Section 3.3.3 "Updating the investment amount in fixed assets" Comment: The proposed modification establishes that the updating of the amount of investment in fixed assets shall be carried out using a representative price index; considering that the sample may be composed of data from national and international projects, it is advisable to use an international representative index.
Request: Establish the use of the United States of America Producer Price Index (IPP-EEUU) for updating investment costs, as it is a realistic and conservative international representative index, with the purpose that the administered parties can have clarity on which index to use for each fixation.
Response It is considered necessary and pertinent that the methodological proposal considers that the updating of the investment amount may be done through the selection of a representative index of the sector, as long as there is a technical reason for it. The foregoing, since in the past indices have been identified that more accurately represent the evolution and behavior of the sector for indexing purposes; in this sense, it is considered necessary to leave open the possibility of including in the updates new indices that congruently and accurately better reflect the characteristics of the sector. In each fixation, if the respective index has been modified, it is ARESEP's duty to present the technical justification, in accordance with the General Public Administration Law, and the value of the index to be employed so that it is known to all involved actors.
Position 2. Regarding the "Methodology for setting tariffs for existing private generators (Law N° 7200) that sign a new electricity purchase-sale contract with the Instituto Costarricense de Electricidad", the following comments are presented.
Position 2.1. Methodology - section 3.2 "Operating costs" Comment: The methodology establishes that this value is calculated by determining a sample of the operating costs (costos de explotación) of both national and international plants that are in operation; however, currently a sample of data is not established to be used consistently for subsequent fixations, nor the size that this should have to have representative data.
Request: Establish and publish a single sample with data from national and international projects, already built and in operation according to the best available practices, to be used to estimate operating costs annually. This sample must be reviewed annually and updated in such a way that it includes the new plants that are gradually incorporated into the systems; likewise, it must be used consistently for subsequent fixations, clearly indicating the price index to be used, as well as the procedure for cost updating. The sample, as well as the index to be used, must be published annually, and prior to the tariff fixation to give transparency to the process.
Response The exclusion of extreme values for operating costs will be done by investment amount and will be under the responsibility and direction of a professional in statistics, which must be justified in science, technique, and logic as established by the General Public Administration Law (Ley General de la Administración Pública).
Position 2.2. Related provision: methodology - section 3.3 "Investment costs" Comment: The methodology establishes that this value is calculated by determining a sample of the investment costs (costos de inversión) of both national and international plants; however, currently a sample of data is not established to be used consistently for subsequent fixations, nor the size that this should have to have representative data.
Request: Establish and publish a single sample with data from national and international projects, already built and in operation according to the best available practices, to be used to estimate investment costs annually. This sample must be reviewed annually and updated in such a way that it includes the new plants that are gradually incorporated into the systems; likewise, it must be used consistently for subsequent fixations, clearly indicating the price index to be used, as well as the procedure for cost updating. The sample, as well as the index to be used, must be published annually, and prior to the tariff fixation to allow positions from the affected parties and give transparency to the process.
Response In the response to Position 2.2 above, an answer is given regarding the definition of the sample. Likewise, in Position 1.6 of this numeral 9, a response is recorded on the subject of updating through price indices.
Position 2.3. Related provision: methodology - section 3.4 "Plant factor" Comment: The methodology establishes that this value is calculated from the plant factor (factor de planta) values of a sample composed of national projects; however, currently a sample of data is not established to be used consistently for subsequent fixations, nor the size that this must have to have representative data.
Request: Consider as the sample, the national projects used for the determination of operating costs. In the event that this is not possible due to lack of information, publish the sample to be used to estimate the plant factor; this sample must be used consistently for subsequent fixations. The sample must be published annually, and prior to the tariff fixation to allow positions from the affected parties and give transparency to the process.
Response Response recorded in Position 2.1 of this numeral.
Position 2.4. Related provision: methodology - section 3.4 "Plant factor" Comment: The methodology establishes that the plant factor values of the last three available years must be considered; however, using a three-year history is not representative for the case of energies based on intermittent and fluctuating generation sources such as renewable energies (solar, wind, and hydro), which may be affected by various phenomena such as droughts and changes in wind speed.
Request: Define a 10-year historical series for estimating the plant factor so that this value is more representative.
Response This position is outside the scope of this proposal to modify the private generation methodologies.
Position 5. Related provision: methodology - section 3.4 "Repowering" Comment: The current tariff-setting methodology does not consider the repowering of equipment and the costs associated with it. As the renewable industry develops, one of the alternatives for development and maintenance consists of repowering.
Request: European legislation currently grants a benefit for repowering consisting of a bonus (5?/MWh), which is added to the conventional tariff. In this way, the change to more efficient models is incentivized and offers a more attractive financial alternative than continuing to operate with old equipment. In order to incentivize repowering, we request to define a methodology that allows estimating a repowering factor to be considered within the setting of tariffs.
Response This position is outside the scope of this proposal to modify the private generation methodologies. Tariff fixations are per industry; individual fixations are not carried out.
Position 3. Regarding the "Reference tariff methodology for new private hydroelectric generation plants", the following comments are presented:
Position 3.1. Related provision: methodology - "Operating costs" Comment: According to the methodology, the operating cost value is determined through the exercise of a regression based on data on investment costs and installed capacity included in a sample of national hydroelectric projects; however, it is necessary to indicate the type of regression to use, as well as the sample to use in order to obtain more representative and reliable results.
Request: Establish and publish a single sample with data from national hydroelectric projects to use for estimating operating costs annually; this sample must be used consistently for subsequent fixations, clearly indicating the price index to use, as well as the procedure for updating costs. Regarding the regression to use, it has been identified that logarithmic regression better represents the curve that relates installed capacity and operating costs, so it is suggested to establish this as the regression to use. Additionally, the sample to be used for cost estimation, the price index to be used, as well as the updating procedure, the regression to be used (in case our proposal is not accepted) and the calculation procedure thereof (indicating exclusions from the sample) must be published annually, and prior to the setting of tariffs, in order to give transparency to the process and accept positions from the affected parties regarding that sample, before the fixation.
Response The information available for updating operating costs based on installed capacity and operating costs may vary from one tariff fixation to another; likewise, the amount of information available for the calculation, so it is not appropriate to specify a priori the functional form or curve that best fits the relationship between installed capacity and operating costs. Similarly, as established by statistical and econometric procedures, the coefficient of determination is only an indicator of the degree of fit of the independent variable to the dependent variables; however, the fact that this coefficient is close to one is not an exclusive indicator of the best fit; it is necessary to rule out other classic problems of regression models in order to use the model's results for point estimates. In this sense, it is established in this methodology that the curve presenting the best fit in terms of the resulting regression model will be used.
The fact that some calculations are left open to a certain degree of discretion by technicians, due to the type of information available or its variability, does not exempt them from having these calculations be very well justified when applying the model and calculating the rate, and on the other hand, it does not prevent their review by interested parties, since the technical report containing them is submitted to the public hearing process, through which opinions can be expressed on the calculations made.
Regarding the sample, a response has been given in position 2.1 of this section.
Position 3.2. Related Provision: methodology - Financial Leverage. Comment: The methodology establishes that for estimating the debt-to-equity ratio, a weighted average by installed capacity of the most recent information regarding the financing level of each type of private electricity generation plant that is available at ARESEP must be used. However, according to the "Declaratoria de confidencialidad gestión de contratos para compra de energía al amparo del capítulo I de la Ley 7200 y sus reformas" recently published by ICE, the financial documentation referring to the availability of the financial resources necessary to complete the project studies is declared confidential; therefore, the information on financial leverage is not public, which is not in line with what is established by ARESEP in the proposed modification, in which it clearly indicates that the sources of information must be public and reliable. Request: Continue using the current leverage value of 75%.
Response This position falls outside the scope of the proposed methodological modification. Furthermore, the fact that some calculations are left open to a certain degree of discretion by technicians, due to the type of information available or its variability, does not exempt them from having these calculations be very well justified when applying the model and calculating the rate, and on the other hand, it does not prevent their review by interested parties, since the technical report containing them is submitted to the public hearing process, through which opinions can be expressed on the calculations made.
Position 3.3. Related Provision: methodology - Environmental Factor Comment: Law 7593, in its Article 31, establishes that the criterion of environmental sustainability, as well as environmental costs and services, must be elements to consider in setting public service rates. Additionally, ARESEP has already identified the need to establish an environmental factor in public service rates, as well as instructions for the environmental factor proposal to be defined and included in the rate; however, the definition of the environmental factor has been postponed indefinitely, and it has not been possible to include it in rate setting.
Request: Initiate the call and public hearing procedure for the approval and establishment of the methodology for estimating the environmental factor for its prompt inclusion within the rate setting for both new projects and existing renewable generation projects.
Response The position is outside the scope of the present proposed modification to the private generation methodologies.
10. Desarrollo Solar Papagayo and Desarrollo Solar Nacascolo, represented by Enrique Alberto Morales González, identity card number 1-0606-0457. President with powers of generalísimo legal representative in both companies Position 1.
The rate proposed to be used for plants producing with non-conventional energy sources for which no specific methodologies are defined - as in the case of solar energy-, as it is currently proposed, is inadvisable because each generation medium possesses technical and economic characteristics that substantially differentiate them, and which will be analyzed in the following sections.
Response The changes included in this document broaden the scope, with the objective that, on a transitional basis, the resulting price band for new hydroelectric plants be applied to non-conventional sources. The foregoing aims to provide an option to new investors with renewable and non-conventional energy sources, such as solar energy and energy generated from solid waste, to make and promote investments in these types of sources, while ARESEP works on developing the specific methodologies for solar generation and generation using solid waste. The resulting methodologies will consider the particular conditions and characteristics of each specific source. What would be used is the rate band for hydro plants, not their structure.
Position 2. Plant Factor In the methodology for calculating new hydroelectric rates, a Plant Factor of sixty percent (60%) is used, which is far from the reality for solar energy, since in this technology the plant factor is around fourteen to twenty-three percent (14%-23%).
Response The analysis of the plant factor is outside the scope of the present methodology.
Position 3. Operating Costs The plant operation and maintenance costs proposed by ARESEP are two hundred sixteen dollars per kilowatt ($216/kw), again taking hydroelectric generation as a reference. However, these operating and maintenance costs, in the case of solar energy, are considerably lower, as they are around fifty dollars per kilowatt ($50/kw), thus, the use of the operation and maintenance costs of hydroelectric technology would eliminate any competitive advantage of solar energy over hydroelectric.
Response The present methodology proposes to broaden the scope of the rate methodologies set for private hydroelectric projects, to be used in rate setting for non-conventional energy sources such as solar and generation using solid waste, only on a transitional basis while ARESEP develops the respective methodologies. In this regard, further detail is provided in position 1 of this section.
Position 4. Unit Investment Amount The investment for hydroelectric projects is on average three thousand seventeen dollars per kilowatt ($3017/kw), while for a solar plant this cost is reduced to an amount around two thousand five hundred dollars per kilowatt ($2500/kw), a decrease that again would not be reflected in the rate.
Response In position 3 of this section, a response to the issue has been provided.
Position 5.
When calculating the investment amount considering only hydroelectric projects, the standard deviation lacks a basis for solar projects. This is crucial because said deviation is what dictates the size of the bands, and setting the rate only considering hydroelectric energy particularly harms other technologies such as solar energy.
When performing an exercise using this rate calculation methodology and entering variables specific to solar technology, we obtain a rate that is around seventeen dollar cents per megawatt hour ($0.17/kwH).
Response In position 3 of this section, a response has been provided to this position regarding the use of the rate band defined for private hydroelectric generation projects and its transitional application to projects with non-conventional sources such as solar generation and generation from solid waste.
Position 6.
Petition: For the reasons stated, we request that the proposed calculation methodology be rejected and that instead, differentiated rates be set for each technology, taking into consideration the particularities specific to each one.
Response In position 3 of this section, a response has been provided to this position regarding the use of the rate band defined for private hydroelectric generation projects and its transitional application to projects with non-conventional sources such as solar generation and generation from solid waste. The recommendations are taken into consideration for the methodological development that ARESEP carries out in the area of solar generation and generation from solid waste.
11. Asociación Costarricense de Energía Solar (ACESOLAR), represented by Carlos Meza Benavides, Identity Card number 1-1016-764, judicial and extrajudicial representative Position 1. Technical Foundation Solar and hydroelectric technologies have important differences related to their costs and operation, which, according to our legislation, must necessarily be recognized in the rate models.
The application of the rate model for new hydroelectric plants to solar generation plants, as suggested by ARESEP in the present proposal, lacks technical foundation because it does not explain how it will reconcile these differences. From our perspective, there are variables that are very different and could significantly affect the final rate.
Response The changes included in this document broaden the scope, with the objective that, on a transitional basis, the resulting price band for new hydroelectric plants be applied to non-conventional sources. The foregoing aims to provide an option to new investors with renewable and non-conventional energy sources, such as solar energy and energy generated from solid waste, to make and promote investments in these types of sources, while ARESEP works on developing the specific methodologies for solar generation and generation using solid waste. The resulting methodologies will consider the particular conditions and characteristics of each specific source. What would be used is the rate band for hydro plants, not their structure.
Position 1.1.
Solar radiation is available only during daylight hours, and its plant factor depends on the solar radiation conditions of each location; these values usually range between 15 - 28% (according to OpenEI, an open online platform that collects information on renewable energy from various sources around the world). Other studies (IEA, 2010) cite ranges between 11 - 23% depending on the location; IRENA mentions 20% as an average (IRENA, 2012); among many other sources. In the methodology for calculating new hydroelectric rates, a plant factor of 60% is used. This is very far from reality in the case of solar energy, since in this technology the plant factor is around 17%-20%.
Response In position 1 of this section, a response has been provided to this position regarding the use of the rate band defined for private hydroelectric generation projects and its transitional application to projects with non-conventional sources such as solar generation and generation from solid waste.
Position 1.2.
Operating Costs: These refer to the operation and maintenance costs of a plant. In this case, $216 per kW is considered, which is very far from solar costs, which should be around $50/kW.
Response In position 1 of this section, a response has been provided to this position regarding the use of the rate band defined for private hydroelectric generation projects and its transitional application to projects with non-conventional sources such as solar generation and generation from solid waste.
Position 1.3.
Levelized cost of electricity: Given the differences in operation and maintenance costs existing between new hydroelectric plants and photovoltaic power stations, as well as their difference in plant factor previously stated; this makes the levelized cost of electricity, e.g., how much it costs to generate 1 kWh, differ considerably, and as ARESEP has done, there must be a differentiation by technology.
Response In position 1 of this section, a response has been provided to this position regarding the use of the rate band defined for private hydroelectric generation projects and its transitional application to projects with non-conventional sources such as solar generation and generation from solid waste.
Position 2.
That the rate model for new hydroelectric plants approved by resolution No. RJD-152-2011 of August 10, 2011, not be applied to establish rates for electricity generation with PV systems.
Response In position 1 of this section, a response has been provided to this position regarding the use of the rate band defined for private hydroelectric generation projects and its transitional application to projects with non-conventional sources such as solar generation and generation from solid waste.
Position 3. Disregard of the general principles for rate setting In accordance with Article 31 of the Law of the Regulatory Authority for Public Services, Law No. 7593, rate setting must be established based on objective principles that consider the model production structures for each public service, technology, service possibilities, and the size of the service providers. Additionally, the principle of service at cost must be observed, as well as criteria of social equity, environmental sustainability, energy conservation, and efficiency.
For its part, Article 22 of the Sectorial Regulation for Electric Services, Decreto Ejecutivo No. 29847-MP-MINAE-MEIC, establishes:
"Rates shall have the purpose of recovering the costs of operation, those associated with replacement, maintenance, and a reasonable profitability for the electric industry; in addition, they must allow obtaining the necessary resources to use the technologies that guarantee the best quality, continuity, and security of the same" Article 23 states that based on the principles, objectives, and obligations established in Law No. 7593, ARESEP must approve and control the rate structure and rates for services, in a manner that allows for optimal operation, economic efficiency, service supply at acceptable quality levels, and the expansion and improvement of the service; at the lowest cost and in accordance with the market needs for electric energy services.
In recital vi) of the justification for the proposal under analysis, ARESEP noted that "the country has no experience in generation with state-of-the-art PV cells." Consequently, "ARESEP must resort to the support of external specialists to develop rate methodologies." That is, ARESEP acknowledges that it currently does not have the technical capacity to make complex decisions on this issue.
In this sense, we are concerned that ARESEP does not have objective, updated, and representative information to adapt the proposed model to generation with PV systems. Therefore, it is stated that the application of the proposed model does not guarantee the application of the basic principles established by the legislation. That is, the application of the rate model as proposed does not guarantee the establishment of the rate objectively; it is not predictable that the rate will reflect "reasonable profitability for the electric industry," nor does it assure users that the rate was established following principles of service at cost and economic efficiency.
Response In position 1 of this section, a response has been provided to this position.
Position 4. Ineffective measure to fulfill the purpose of facilitating the development of solar energy sales markets.
In recital vii) of the justification for the proposal under analysis, ARESEP envisions this measure as an option to facilitate, from its scope of authority, the development of electricity sales markets with clean sources. We believe it is very likely that this measure is not the most suitable to promote the generation and sale of solar energy as ARESEP intends.
Response In position 1 of this section, a response has been provided to this position. It is emphasized that the measure is transitional until such time as ARESEP has developed the rate methodologies for solar generation sources.
12. El Ángel S.A., represented by Domingo Argentini Alfayate, identity card 8-076-703, with powers of generalísimo legal representative Position Arguments: Our arguments refer to point c) of the proposed change, which contains the proposed modifications to the "Reference rate methodology for new private hydroelectric generation plants, approved by resolution RJD-152-2011, of August 10, 2011". Specifically, we will refer to two topics:
Position 1. Regarding the definition of a new plant Legal vacuum for setting the rates of plants reconstructed due to unforeseen circumstances or force majeure Position 1.1 Currently, ARESEP sets rates for hydroelectric plants based on two methodologies: i) methodology for existing hydroelectric plants approved by resolution No. RJD-009-2010 of May 7, 2010 (hereinafter, "methodology for existing plants"), ii) methodology for new hydroelectric plants, according to resolution RJD-152-2011, of August 10, 2011 (hereinafter, "methodology for new plants").
Thus, currently, any hydroelectric energy generator that has an energy sales contract with ICE must adopt either the rate set according to the methodology for existing plants, or the rate set according to the methodology for new plants.
However, there is a type of plant that is not regulated within the scope of ARESEP's rate-setting methodologies; those hydroelectric plants that have been entirely replaced or reconstructed due to force majeure or unforeseen circumstances. According to ARESEP's current regulation, a hydroelectric plant reconstructed in its entirety due to unforeseen circumstances or force majeure cannot be considered existing or new, because the reconstruction implies the renewal of the majority of its tangible and intangible components.
Therefore, it is stated that there is a regulatory vacuum that ARESEP must remedy, as based on Law No. 7593 and Decreto Ejecutivo No. 29847-MINAE-MEIC, it is obliged to set rates for hydroelectric plants that must be reconstructed due to unforeseen circumstances or force majeure.
Due to the foregoing, the application of the methodology for existing plants to a reconstructed hydroelectric plant would be illegal, as said model would regulate a reality completely different from that of a plant reconstructed in its entirety due to unforeseen circumstances or force majeure. This would result in an insufficient rate to cover generation costs.
Response The topics addressed in this position are outside the scope of the present proposed modification to the private generation methodologies. However, it should be clarified that once the plants begin to generate, the methodology for new private hydroelectric generation plants is applied, considering what the Por Tanto I. point f. regarding the Debt term (d) and contract term indicates regarding the risk assumed by the investor of the non-renewal of the contract if it is less than 20 years.
(...)"The debt term is 20 years. This duration has been assigned so that it equals the maximum term of the energy purchase-sale contract.
The duration of the energy purchase-sale contract used in the model for calculating rates is 20 years, which is the maximum permitted by law. If ICE contracted the purchase of energy for a period of less than 20 years, the investor would be assuming the risk of not being contracted later. That risk is reduced, as progress is made in the processes of opening the national electricity market and creating the regional electricity market."(...)
On the other hand, as indicated in the methodology for existing private generators that sign a new contract, once contracts are renewed or new contracts are signed, the rate established in that methodology would apply.
Position 2. Regarding the definition of a new plant included in the Proposal Position 2.1 Given the situation described, ARESEP must apply the methodology for new plants to hydroelectric plants that have been reconstructed due to unforeseen circumstances or force majeure. There are several criteria accepted by doctrine to determine what constitutes unforeseen circumstances and force majeure 22:
2 Tribunal Contencioso Administrativo, Sección I, resolution No. 319 at 11:00 hours on October 12, 2001.
. Origin of the event: force majeure would be due to a natural event, whereas in the case of unforeseen circumstances it would be a human event.
. Degree of unforeseeability of the event: unforeseen circumstances is an unforeseeable event; but even using diligent conduct, if it had been foreseen it would be unavoidable. Force majeure is an event that, even if it could be foreseen, is unavoidable.
. Sphere in which the event takes place: if the event takes place, originates, within the company or affected circle, we would be in the presence of unforeseen circumstances. If the event originates outside the company, or affected circle, with such violence that, considered objectively, it falls outside the unforeseen circumstances that should be foreseen in the ordinary course of life, we would be in the presence of force majeure.
In summary, force majeure is foreseeable but unavoidable and responds to natural events, while unforeseen circumstances are unforeseeable but avoidable and are due to events of a human nature.
As will be seen, from a legal and economic-accounting point of view, a hydroelectric plant that has been newly constructed in its entirety is a new building, and therefore the application of the methodology for setting the rate for new hydroelectric plants is reasonable, since it closely reflects the reality of a plant reconstructed in its entirety.
Response In position 1.1, a response to the issue raised is recorded.
Position 2.2. Definition for new plants ARESEP's Proposal includes a definition of a new plant. However, we oppose the definition of a new plant suggested by this Proposal, as it does not solve the regulatory vacuum since it does not include plants reconstructed in their entirety due to unforeseen circumstances or force majeure. The proposed definition of "new plant" is as follows:
"A new plant is understood to be one whose investment in physical capital has not yet been used in any electricity production process. Consequently, new plants by definition could not have generated energy that was sold under any electricity purchase-sale contract or for self-consumption purposes." This definition is inappropriate for the following reasons:
- a)The definition refers to investment in physical capital. However, the term "physical capital" is not used in financial-accounting literature, and is nonexistent in international accounting and financial standards, thus interpretative work would be necessary to define what physical capital is.
The definition does not provide clear, objective, and determining criteria to regulate which plants could be considered new and which should be considered existing plants in the event that, due to a force majeure or unforeseen circumstances event, the plant must be rebuilt.
On the contrary, the definition allows for the possibility that even though a plant was entirely rebuilt because all the previous civil works were destroyed by a natural event or any other cause of force majeure or unforeseen circumstances, it might not be considered new because it is located on land that was used by the damaged plant and therefore, could be considered to have already participated in some "electricity production process." This is even more feasible given the absence of a clear concept of what "physical capital" is.
- b)Absence of technical justification for the grammatical formula of a new plant. Besides the term physical capital being nonexistent or at least unusual in accounting and finance, the Proposal does not justify the reasons for arriving at that grammatical formula, which makes it even more difficult to understand if the methodology for new plants applies to generators with plants in situations like the one mentioned, and if not, what are the technical reasons that led ARESEP to exclude them, or at least not to include them temporarily while a methodology that fully adjusts to their reality is developed. The latter is highly relevant since precisely in this Proposal, ARESEP, in order not to leave out the generation of electricity from other sources, proposes to apply, at least transitionally, the methodology for new hydroelectric plants to power stations that generate from other sources not regulated rate-wise, while a methodology that adjusts to their reality is enacted.
- c)All of the foregoing generates uncertainty and will likely cause ARESEP to have to continue intervening to decide on a case-by-case basis whether a plant reconstructed in its entirety due to unforeseen circumstances or force majeure is considered new or not. This is not only contrary to the logic of the proposal, which consists of regulating industries and not companies, but also undermines the legal certainty of the private generator, as it has no certainty that its new investment will be recognized in the rate.
Response In position 1.1, a response to the issue raised is given.
Position 2.3. Justification for why a hydroelectric plant that has suffered a force majeure or unforeseen circumstances event and has been newly constructed should be considered as new.
As will be seen below, there are objective criteria for considering a hydroelectric plant as new when it has been newly constructed to replace a plant that suffered from unforeseen circumstances or force majeure.
Position 3.1. Accounting Justification According to International Accounting Standard 16 (IAS 16), whose objective is "... to establish the accounting treatment applicable to fixed assets, so that users of financial statements can learn about the investment that the entity has in fixed assets, as well as the changes that have occurred in said investment," an item is recognized as property, plant and equipment (term equivalent to fixed asset) when it is "probable that the entity will obtain the future economic benefits derived from it; and ... (b) the cost of the asset to the entity can be measured reliably." Another definition provided by IAS 16, complementary to the previous one, defines property, plant and equipment or fixed assets as those "tangible assets that: (a) are held by an entity for use in the production or supply of goods and services, for rental to others, or for administrative purposes; and (b) are expected to be used during more than one period." As can be inferred from the foregoing, a hydroelectric plant is a fixed asset insofar as it allows the generator to obtain economic benefits from its operation that enable it to produce a good over several periods; in addition, its cost can be measured.
When this fixed asset suffers damage caused by unforeseen circumstances or force majeure, that damage can be of different magnitudes. For the purposes of the Proposal and this Position, we are interested in serious damage.
a. Derecognition from books According to International Accounting Standards, an item considered a fixed asset ceases to be so when it can no longer generate economic benefits because it cannot be used to produce goods.
Precisely, when a hydroelectric plant suffers from causes of an event that is considered unforeseen circumstances or force majeure, as mentioned, it ceases to be a fixed asset as it cannot generate economic benefits because it cannot produce goods. As the asset is completely unusable, it must be derecognized from the books for two reasons:
International Accounting Standard 36 (IAS 36) establishes that an impairment loss is the amount by which the carrying amount of an asset exceeds its recoverable amount. In the absence of a recoverable amount, the loss is 100% of the carrying amount. IAS 36 establishes that the carrying amount of an item of fixed assets shall be derecognized from the accounts when it is disposed of or when no future economic benefits are expected from its use or disposal. The destruction of the asset makes the generation of future benefits impossible.
In these cases, the plant is retired from the accounting books.
b. Reversal of an impairment loss There are cases where the damage is equally severe to the point that it leaves the hydroelectric plant unable to generate economic benefits, but it is possible to recover some of its component assets.
The recovered value of the assets cannot be considered as a fixed asset, nor can it even be considered as a restoration of the useful life of the plant, since they do not by themselves constitute an identifiable group of cash-generating assets and are dependent on other assets or production lines to generate such economic benefits.
The rendering unusable of the plant by an event classified as a fortuitous event or force majeure does not allow the asset to be reused for production, nor does it allow changes to be made to the estimates used to determine the recoverable amount of the destroyed asset; instead, it is always declared a total or near-total loss. Therefore, it is never possible to effect a reversal of the fixed asset loss in the accounting books. The only way to reestablish operations is through the construction and acquisition of almost all the benefit-generating units that did not participate in the previous operation and that have been rendered unusable by the fortuitous event or force majeure.
c- The construction of a new plant, even on the site where the other one was located, is considered a new plant for accounting purposes In both of the aforementioned situations, the IAS establish that when a fixed asset (hydroelectric power generating plant) has ceased to generate economic benefits, even when it is possible to salvage some of its assets and the generator decides to rebuild it, its recognition in the accounting books will not be made as a revaluation or recapitalization of the old asset since it disappeared, but rather it is recorded as a completely new asset. Therefore, from an accounting and financial standpoint, it is a new plant.
Justification based on insurance regulations: The legal and technical regulations regarding insurance follow the guidelines laid out by the IAS mentioned previously.
When a hydroelectric plant has suffered damage resulting from an event qualified as a fortuitous event or force majeure, for insurance purposes it is considered a total loss of the fixed asset when the costs of its repair are equal to or greater than the value of the goods immediately before the occurrence of the loss, which coincides with what IAS 36 establishes, as already discussed.
However, there are insurance policies that establish a loss percentage from which they declare total loss, for example: http:/www.sugese.fi.cr/polizas_servicios/generales/G06A08369_Proteccion_Hogar Colones.p df The insurance contracts for completed civil works (hydroelectric plants), under which the indemnity for the loss in hydroelectric plants is paid, provide for this loss valuation rule in article 18 of the product registered under number G06-44-A01-140 (http:/www.sugese.fi.cr/polizas/generales/versiones_anteriores/g06-44ª01 140_seguro_obra civil_terminada_dolares.pdf).
Article 18, subsection b, paragraph iii of the mentioned policy states literally:
Art. 18, subsection v, paragraph iii, the following: "(.) However, if the costs for a damage are equal to or greater than the value of the goods immediately before the occurrence of the loss, this shall be adjusted according to the preceding subsection b".
The same rule is established in the insurance policy that the INS has for all types of constructions in its article 22, page 17: (http:/www.sugese.fi.ce/polizas_servisios/generales/G07-29-A01-023-VLCR Seguro_Todo_ Riesto_Construccion_Dolares.pdf) Justification based on the definition of "new" given by the Real Academia Española According to the Dictionary of the Real Academia, "new" is understood as something:
"/. adj. Recently made or manufactured. 2. adj. Seen or heard for the first time. 3. adj. Repeated or reiterated to renew it. 4. adj. Distinct or different from what existed before or was previously learned. 5. adj. That supervenes or is added to something that existed before. 6. adj. Recently incorporated into a place or group. He/she is new at the school. 7. adj. Beginner in a profession or some activity. 8. adj. Said of an agricultural product: From a very recent harvest, as opposed to that stored from previous harvests. New potatoes, new wheat, new corn. 9. adj. Said of a thing: That is little or not at all deteriorated by use, as opposed to old...." In accordance with the previous definitions, the construction of a hydroelectric plant can be qualified as "new" when it is "recently made..." regardless of whether another equal or similar project existed there previously, or whether it is being rebuilt.
As can be inferred from definition 9, the difference between something "old" and something "new" has to do with the time and the use that has been given to the object. According to the definition, something new is a thing that has little use or is little deteriorated by its use.
In this way, it is easily identifiable how the concepts provided in insurance and linguistic matters are coincident, since when a fixed asset affected by an event considered force majeure or a fortuitous event ceases to generate future economic benefits and its replacement value is equal to or higher, it is declared a total loss and therefore retired from the accounting books, thus ceasing to exist for accounting purposes. If a fixed asset similar to the destroyed one is built, it cannot be considered, in accounting, in insurance matters, or by the Real Academia, as something old, but rather it is new because, according to the latter, it is recently made and has little use or deterioration.
Position 4. Modifications to the Proposal We consider that the previously noted drawbacks of the Proposal can be solved by making the following modifications to the definition of a new plant.
Position 4.1. Replace the term "physical capital (capital físico)" There is broad consensus in the economic literature on the definition of "capital" and "fixed assets" (activo fijo) or "tangible fixed assets" (inmovilizado material). However, we did not find an official or univocal definition of "physical capital" (capital físico). It is possible that ARESEP considers capital to be synonymous with fixed assets. However, it is not clear what physical capital means, as clear references are not found in the literature or in accounting and financial standards, making it an indeterminate concept that detracts from the clarity and precision of the definition of "new plant." Consequently, to reduce the scope for subjectivity and indeterminacy, we suggest replacing the term physical capital (capital físico) with "fixed assets" (activo fijo), which is clearly defined by accounting standards.
In accordance with IAS 16, an asset is considered a fixed asset if it meets two criteria: i) it allows the entity to obtain future economic benefits derived from themselves, and ii) its cost can be reliably measured.
Response Position 1.1 provides a response to the issue raised.
Position 4.2.
Include accounting criteria to determine whether a plant rebuilt due to a fortuitous event or force majeure is new or existing for purposes of setting the tariff for the sale of energy to ICE.
If a fixed asset such as a hydroelectric generation plant is rendered completely unusable for generating future economic benefits due to a fortuitous event or force majeure, in accordance with IAS 36, it ceases to be an asset and must be derecognized in the books for several reasons:
§ The impairment loss is the amount by which the carrying amount of an asset exceeds its recoverable amount. In the absence of a recoverable amount, the loss is 100% of the carrying amount. § The destruction of the asset makes the generation of future benefits impossible, causing it to physically disappear as a productive unit. § Due to the destruction of the asset, it is declared a total loss, preventing the possibility of reversing the loss.
We consider that using an accounting criterion as the main decision criterion to determine whether a plant built after a power generation plant was totally affected by an event considered a fortuitous event or force majeure is new or not, is sufficiently precise and appropriate to make the decision for the following reasons:
· It is an objective criterion defined by international standards accepted and applied globally, and it is the basis for other standards, as in the case of insurance. This reduces the margin for interpretation and indeterminacy that other criteria may generate. · If a total loss is declared, the next asset will necessarily be new. This also implies that said asset has independent financing. · It avoids defining a loss percentage, following the standard's criterion, which simply states whether the asset is available to continue generating future benefits or not. If it is not, it will be derecognized in the books, and what is subsequently done with it will be another asset, which will be valued and recorded as something independent in the books, and will also be depreciated as if it were an independent asset.
Response Position 1.1 provides a response to the issue raised.
Position 4.3.
The inclusion of a definition of a new plant that encompasses those hydroelectric power generation plants that have been built after an event considered a fortuitous event or force majeure must be included in the methodology to comply with the precepts of the Law.
While it is true that the methodology for new hydroelectric plants was originally conceived to incentivize new investment, we consider that the inclusion of the aforementioned does not conflict with that objective, and on the contrary, in the absence of a specific methodology for these plants, serious harm would be caused not only to the generators in that situation, but also to the public interest and the public service.
1. As has been seen, a hydroelectric plant built after a fortuitous event or force majeure event is, from an accounting, economic, and financial standpoint, a new plant. Applying the methodology for existing plants to it is not only unjustified and contrary to the rules of science and technique represented in this case by the cited accounting and financial standards, but it also makes an investment of this type impossible.
2. When a hydroelectric plant goes out of operation due to events considered fortuitous event or force majeure, the electricity supply and therefore the public service are affected. The activity of generating electric energy is of public interest, so the restoration of the damaged plant must also be considered of interest.
3. Although the new plant is replacing another, in the financial accounting sense, it is a new investment, comparable to the investments that are sought to be incentivized with the methodology for new plants.
4. It is clear that this initial objective has been surpassed, and due to the reality the country is experiencing, there is interest from both the public and private sectors in incentivizing energy generation from renewable sources in general, to the point that the Proposal proposes to increase the scope of the methodology for new plants, plants that generate electric energy from other sources and that currently have no methodology regulating them. We consider then, with even greater reason, that ARESEP must include in its Proposal the situation of hydroelectric plants that have been built due to fortuitous event or force majeure events that destroyed the previous plant, based on objective criteria as indicated.
Finally, the following wording is proposed for the definition of "new plants." "It is understood as a new plant, one whose investment in fixed assets (activo fijo) has not yet been used in any electricity production process. Consequently, new plants by definition could not have generated energy that was sold under any electricity purchase and sale contract or for self-consumption purposes.
When an existing plant has been affected by an event considered a fortuitous event or force majeure to the point that the fixed assets (activo fijo) or tangible fixed assets (inmovilizado material) cannot generate economic benefits for the generator and must be retired from the books in accordance with international accounting standards, and this motivates the construction of a new plant for the production of electricity, this shall be considered a new plant and therefore all the regulations that this resolution governs as such shall be applied to it." Response Position 1.1 provides a response to the issue raised.
Position 5 Specific observations for the reference tariff methodology for new hydroelectric generation plants.
Position 5.1. Operation and maintenance costs (Costos de explotación).
The Proposal suggests modifying the methodology so that, instead of the exponential regression, the best function relating installed capacity to operation and maintenance costs (costo de explotación) is used.
Observations:
- a)This change will generate a negative adjustment in the tariff due to a change in methodology, as analyzed in official communication DEN-237-2012, page 61:
"It is important to note that the regression that should be used is the one that best fits the curve according to the available information, which in this case is the power regression, which has an R2 of 72.56% versus an R2 of 59.32% for the exponential regression. With the power regression equation, the operation and maintenance cost (costo de explotación) would be $174.85 instead of the $216.08 resulting from using the exponential regression; in the tariff band, this is reflected in a variation of between eleven and six percent more. Despite this, the exponential regression is used because it is indicated in resolution RJD-152-2011." ARESEP will generate a clear detriment to the service providers due to this adjustment that was known to the regulator when defining the tariff bands and that was not corrected in the initial setting.
- b)The adjustment will be at the analyst's discretion, and the objectivity that currently exists in the tariff methodology is lost. If it is decided to maintain this change without specifying the curve to be used, the procedures that the analyst will follow to determine the best-fit curve must be clearly established, that is, the criterion that will be used to select the curve, the curves that will be evaluated, for example.
Response The information available for updating operation and maintenance costs (costos de explotación) based on installed capacity and the operation and maintenance costs may vary from one tariff setting to another, likewise, the amount of information available for the calculation. Therefore, it is not appropriate to specify a priori the functional form or curve that best fits the relationship between installed capacity and operation and maintenance costs (costos de explotación). Similarly, as statistical and econometric procedures establish, the coefficient of determination is only one indicator of the degree of fit of the independent variable to the dependent variables; however, the fact that this coefficient is close to one is not an exclusive indicator of the best fit; other classic problems of regression models must be ruled out in order to use the model's results in point estimates. In this sense, it is established in this methodology that the curve presenting the best fit in terms of the resulting regression model will be used.
The fact that some calculations are left open to a certain degree of discretion by technicians, due to the type of information available or its variability, on one hand does not exempt them from having to be very well justified when applying the model and calculating the tariff, and on the other does not prevent their review by interested parties, since the technical report containing them is subject to the public hearing process, through which opinions can be given on the calculations made.
Position 5.2.
The methodology does not define the source of information to be used to determine the cost references, that is, the provider of the information on the operation and maintenance costs (costos de explotación) data for the sample of the country's hydroelectric plants. These sources of information must be clarified.
The methodology must establish only capacities that are representative for the analysis. Clearly, in the sample used for the current tariff band setting, projects with capacities greater than 60 MW have economies of scale and lower operation and maintenance costs per MW that are not possible in projects with capacities less than 20 MW. The sample used is not representative for the analysis of plants with limited capacity as defined in Law 7200, that is, projects whose capacity does not exceed 20 MW, and it is important that the methodology limits the references to projects that are similar to those authorized by law and for which the generic methodologies are defined.
Response The exclusion of extreme values for operation and maintenance costs (costos de explotación) will be carried out by investment amount and will be under the responsibility and direction of a statistics professional, which must be done justified by science, technique, and logic, as established by the General Law of Public Administration.
Position 6. General observations for profitability on capital contributions Position 6.1. Risk-free rate The methodology must clearly establish the term of the bond that will be used to determine the risk-free rate. If the analysis is considering a 20-year economic life for the project, the bond to be used should be consistent with this term and the 20-year reference should be used.
Response It is considered correct that the instrument to be used for the risk-free rate is the TCMNOM; however, the instrument's maturity period is left subject to the same maturity period used by Professor Damodaran in the case for estimating the risk premium, so that the calculation of the Cost of Capital (CAPM) is consistent. This applies exclusively for settings that use Damodaran as a source to obtain the CAPM.
Position 6.2. Extension of the historical series, frequency of observations, and projects The methodology establishes the following:
"the source of information chosen for the variables described in points 1 and 2 will be used consistently, regarding the extension of the historical series (5 years), the frequency of observations (one observation per year, corresponding to the published average), and the calculation of the average (arithmetic average of the 5 observations corresponding to the most recent 5 years for which information is available). In case, for any of the cited variables, it is not possible for ARESEP to have a recent historical series that completes 5 annual observations, the historical series of less than 5 years, equal for all variables, will be used." Observations:
The text is unclear, and we understand that it involves taking a simple average of 60 monthly observations from the last 5 years. If the methodology will only consider 5 observations, this data sample is insufficient for some variables and can generate abrupt changes in the tariff, which can cause significant harm to the consumer or affect the financial equilibrium of the service-providing entities, due to temporary conditions in the environment. In our judgment:
· The sample of 60 data points is valid for the risk-free rate and the risk premium. Monthly data and sufficient public information exist to make this information available. · Damodaran's unlevered beta already considers 5 years of monthly observations, so the latest published reference should be taken. In general, the betas that are normally published consider 5-year averages, and it is information that is available. · In the case of the country risk premium, Damodaran publishes one or two annual references. For this case, if it is decided to maintain this source, the amount of information will be limited. A different methodology can be used to determine the premium of the risk-free rate of a Costa Rican bond versus the Treasury bond. In this case, sufficient historical information could be available to work with an average of 60 observations.
Response This methodological proposal follows the criteria that theory establishes in terms of the rate-of-return regulatory approach and, particularly, regarding the calculation of the CAPM. The data used are utilized and taken directly from Damodaran as a source of information, without modifying such values. The estimated averages for the variables entering the CAPM calculation aim to consider a rate of return for a period of time deemed adequate.
Annual values are used to estimate the average, and they correspond to the values observed for the 5 years prior to the tariff setting.
Position 6.3. Sources of information Observations:
- a)Damodaran or Ibbotson are very broad sources of information that must be delimited and justified for each of the variables: risk premium, country risk premium, and unlevered beta.
As an example, for the betas, the methodology does not specify the industry to be used, which is understood to be electricity. It is also not clarified whether the beta used is the global one or that of some region or country published by Damodaran. It is also not clarified whether the unlevered beta source has or does not have an adjustment for cash, as determined in Damodaran.
In the case of Ibbotson, for the beta, the SIC to be used and the unlevered beta to be taken (the mean, that of large or small companies) must be specified.
It is recommended that the source of information be precise and that the regulator clarify the reasons for using the references.
This lack of precision does not allow simulations to be performed or historical variations to be understood with precision. It is recommended that ARESEP provide the public with information on these historical references to review the integrity of the information used.
- b)Damodaran is a reference that may contain calculation errors, as warned by the author (http://pages.stern.nyu.edu/~adamodar/New_Home_Page/datacavear.htm).
ARESEP must verify the calculations made and validate that they are correct, especially when significant variations occur between tariff settings. For example, inconsistencies have been identified in the calculation of betas in the references published by Damodaran, which must be analyzed carefully.
Response This methodological proposal follows the criteria that theory establishes in terms of the rate-of-return regulatory approach and, particularly, regarding the calculation of the CAPM. The data used are utilized and taken directly from Damodaran as a source of information, without modifying such values. The estimated averages for the variables entering the CAPM calculation aim to consider a short-term rate of return consistent with the annual information presented in the particular case of Damodaran.
It is necessary and pertinent that the methodological proposal considers that the selection of the financial information source to be used for the calculation of the CAPM and its component variables (Risk Premium (PR), Country Risk (RP), and Unlevered Beta (bd)) may be obtained from the information published either by Dr. Aswath Damodaran or, alternatively, from the "Ibbotson® Cost of Capital Yearbook." Leaving open the possibility that if one of these sources becomes unavailable, another public and reliable one will be used. This allows for the use of the financial information source that most adequately reflects the sector being tariffed.
The foregoing, provided that the technical reason for it is justified and argued. In each setting, ARESEP has the duty to present the technical justification for the selection of the information source to be used, in accordance with the General Law of Public Administration, and the value of the index to be used so that it is known to all stakeholders involved.
Although Ibbotson, as well as other rigorous and reliable information sources that develop and present information required for the CAPM calculation, are paid sources, ARESEP will make available the information used in each tariff setting for public knowledge. As presented in the methodology, in the case of using Ibbotson, it is indicated that it will be the specific point value for the CAPM.
Position 7. Aspects omitted in the methodology that must be incorporated New investments made by the service provider (prestatario del servicio) The tariff models for the electricity sector do not recognize or define the costs to be recognized to the service provider for environmental services (servicios ambientales), which is one of the aspects and criteria that the setting of public service tariffs must contemplate (Ley 7593, article 31): Likewise, when setting public service tariffs, the following aspects and criteria shall be contemplated, when applicable:
- a)Guarantee financial equilibrium. b) Recognition of the cost schemes of the different project financing contracting mechanisms, their special forms of payment, and their effective costs; among them, but not limited to, type B schemes: (build and operate, or build, operate and transfer, BOO), as well as operating leases and/or financial leases and any others that are regulated. c) Protection of water resources, costs, and environmental services (servicios ambientales).
This issue has been recognized by the Regulator as an element that is an integral part of the methodologies and tariff settings. However, this definition continues to be postponed, affecting the service provider. This definition is necessary and must be an integral part of the analysis being carried out on the different methodologies, because not doing so affects the quality of service the provider can offer or its economic equilibrium.
Response The issues raised in this position are outside the scope of the methodological proposal submitted for hearing. However, they are taken into account, and their relevance will be reviewed in future methodological modifications.
13. Instituto Costarricense de Electricidad (ICE), represented by Mr. Luis Enrique Pacheco Morgan, identity card 1-462-902, electricity manager with powers of generalísimo attorney-in-fact.
Position 1. Requests defining the term of the United States of America Treasury bonds used in the information source for the risk-free rate (Kl) variable. It states that the term is not indicated, i.e., 5 years, 10 years, or 20 years. The internet address: "http://www.federalreserve.gov/datadownload/Build.aspx?rel=H15.", does not allow a direct link to the risk-free rate (Kl) information; furthermore, the page presents different options for term and type of bonds, which allows for different interpretations. Given the above, it requests establishing the internet address and indicating the page and the steps to follow so that it allows one to arrive directly at the indicated information without giving rise to interpretations.
Response It is considered correct that the instrument to be used for the risk-free rate is the TCMNOM, which appears at the electronic address noted. However, the instrument's maturity period is left subject to the same maturity period used by Professor Damodaran in the case for estimating the risk premium, so that the calculation of the Cost of Capital (CAPM) is consistent. This applies exclusively for settings that use Damodaran as a source to obtain the CAPM.
Position 2. It states that the internet address http://www.stern.nvu.edu/~adamadar, directs to a page where different options for risk premium (PR) and beta appear, making it inflexible and difficult to locate the information. It requests that, in the case of the risk premium (PR) information obtained from Dr. Aswath Damodaran, the page be shown and the steps to follow to be able to locate the indicated indices.
Response The position is partially accepted, in the sense of specifying in greater detail how to identify the risk premium to be used from any of the information sources indicated for this purpose. It is clarified that in the case of Professor Damodaran, the values for the risk premium are given, and what is proposed is to use an average of the annual value observed for the last 5 years prior to the tariff setting.
The methodology is clear in indicating the source from which the information is obtained. In the event Damodaran is used as an information source, it is considered appropriate to provide the link to the website and not a specific email address, given that the latter may change or be modified over time. It is clarified that the variable used is called Implied Premium (FCFE).
Position 3.
Indicates that the alternative source used for the risk premium (prima de riesgo, PR) variable from the "Ibbotson cost of capital Yearbook" is not freely accessible, as it requires payment for its acquisition, meaning there is no access to corroborate the indicated information. Because of this, it requests that ARESEP make the information available to interested parties so that the process is transparent and all those involved in the process have the necessary information available to establish the variables accurately.
Response It is necessary and pertinent that the methodological proposal consider that the selection of the financial information source to be used for the CAPM calculation and its component variables (Risk Premium (prima por riesgo, PR), Country Risk (RP), and Unlevered Beta (Beta desapalancada, bd)) may be obtained from the information published either by Dr. Aswath Damodaran or, alternatively, from the "Ibbotson® Cost of Capital Yearbook." This leaves open the possibility that if either of these sources ceases to be available, another public and reliable source will be used. This allows the use of the financial information source that most adequately reflects the sector being priced.
The foregoing is provided that the technical reason for doing so is justified and argued. In each setting, it is the duty of ARESEP to present the technical justification for the selection of the information source to be used, in accordance with the General Public Administration Act (Ley General de Administración Pública), and the value of the index to be used so that it is known to all involved actors.
Although Ibbotson, as well as other rigorous and reliable information sources that develop and present information required for the CAPM calculation, require payment, ARESEP will make the information used in each tariff setting available for public knowledge.
Position 4.
Requests expanding the historical period to obtain the different averages for the variables used in the calculation of the risk-free rate (tasa libre de riesgo, Kl) and the risk premium (prima por riesgo, PR), as well as determining information sources that have historical data series of 10 years or more. States that ARESEP currently does not have information sources containing historical data series longer than 5 years, which could be biasing the information, caused by a specific stage of the economic cycles. These biases tend to be reduced when using longer periods. According to the above, and given that the historical average data of variables such as risk premium, beta, and country risk are indicative for estimating expected returns, it indicates that it is considered appropriate to use a period of 10 years or more.
Response This methodological proposal follows the criteria that theory establishes in terms of the rate-of-return regulatory approach and, particularly, regarding the CAPM calculation. The data used are utilized and taken directly from Damodaran as an information source, without modifying such values. The estimated averages for the variables entering the CAPM calculation aim to consider a rate of return that provides greater stability to the involved actors, as it minimizes possible abrupt changes in the very short term.
Annual values are used to estimate the average, and they correspond to the values observed for the 5 years prior to the tariff setting.
Position 5.
Clarify the concept of financial leverage (apalancamiento financiero) and its calculation formula indicated in the 5 methodologies. States that according to the proposed version, the formula (Relationship of debt and equity) (D/Kp) is expressed as D/Kp = Y/1-Y, where Y is the financial leverage (apalancamiento financiero).
Response Financial leverage (apalancamiento) refers to the ratio of debt to equity capital contributions.
Position 6. Regarding the reference tariff methodology for new private hydroelectric generation plants, approved by Resolution RJD-152-2011, of August 10, 2011, and published in La Gaceta N.° 168 of September 1, 2011, and modified by Resolutions RJD-161-2011, of October 26, 2011, published in La Gaceta N.° 230 of November 30, 2011, and RJD-013-2012 of February 29, 2012, published in La Gaceta N.° 74 of April 17, 2012.
Position 6.1.
States that the Regulatory Authority, by modifying the scope of this methodology, establishes that it can be used for; in addition to new purchase-sale agreements generating from a hydroelectric source, purchase-sale agreements for energy from new plants producing with non-conventional sources, for which a specific tariff methodology does not yet exist. Therefore, it can be inferred that private purchase-sale agreements generating with solid waste and with a photovoltaic system, being non-conventional, can have this methodology applied. Likewise, it indicates that it is not clear what ARESEP means when it proposes that for such non-conventional plants, the estimated tariff band would be estimated using this methodology, without considering the seasonal structure. Given the above, it requests:
a. Clarify whether the band estimated in this methodology will be the same for non-conventional private purchase-sale agreements, or if the methodology is only used to establish the tariff band according to the type of non-conventional private purchase-sale agreement.
Response It is clarified that the price band established in applications to the RJD-152-2011 methodology will be the same for private purchase-sale agreements with non-conventional sources, without the seasonal structure. It is not correct to conclude that the methodology can be applied with specific data for a particular company or source.
b. Determine the seasonal structure that would be used in the case of non-conventional private purchase-sale agreements, and define whether a seasonal structure will be published for each non-conventional private purchase-sale agreement, or if a flat rate would be calculated.
Response The changes included in this document expand the scope, with the objective that, on a transitory basis, the resulting price band for new hydroelectric plants be applied to non-conventional sources. The foregoing aims to provide an option for new investors with renewable and non-conventional energy sources, such as solar energy and energy generated from solid waste, to make and promote investments in these types of sources, while ARESEP works on the development of the specific methodologies for solar generation and generation from solid waste. The resulting methodologies will consider the particular conditions and characteristics of each specific source. What would be used is the tariff band for hydro plants, not its structure.
Position 6.2.
States that it is correct for ARESEP to establish that a best-fit regression be used for the calculation of the operating costs (costos de explotación), given that the behavior of the data will not always be exponential. Requests specifying the technical criterion that ARESEP will use to define the best-fit regression.
Response The information available for updating operating costs (costos de explotación) based on installed capacity and operating costs may vary from one tariff setting to another, as well as the amount of information available for the calculation, so it is not appropriate to specify a priori the functional form or curve that best fits the relationship between installed capacity and operating costs. Likewise, as established by statistical and econometric procedures, the coefficient of determination is only an indicator of the degree of fit of the independent variable to the dependent variables; it is necessary to rule out other classic problems of regression models in order to use the model results in point estimates. In this sense, this methodology establishes that the curve presenting the best fit in terms of the resulting regression model will be used.
The fact that some calculations are left open to a certain degree of discretion by technicians, due to the type of information available or its variability, on the one hand, does not exempt them from the requirement that these calculations must be very well justified when applying the model and calculating the rate, and on the other hand, does not prevent their review by interested parties, since the technical report containing them is subject to the public hearing process, through which opinions can be expressed on the calculations made.
Position 6.3.
States that regarding the debt term (plazo de la deuda, d) and contract term, ARESEP proposes that the economic life of the project is 20 years (which equals the maximum term of contracts under Law 7200), which is solely for tariff purposes, given that the useful life of the plant is 40 years and the private generator has the possibility of continuing to receive cash flows for another 20 years. For this, a contract renewal is made with ICE in accordance with the tariff established by the Regulatory Entity, in which the remaining 20 years of useful life are recognized. Based on the above, it requests:
a- Clarify that after the 20 years of contract permitted by law have elapsed, the generator retains ownership of the plant and can dispose of it at its convenience, including the possibility of signing a new contract for up to another 20 years, and therefore a salvage value for the plant must be recognized upon the termination of the contract.
b- Review the criterion of establishing the economic life equal to the contract term.
Response Once the plants begin generating, the methodology for new private hydroelectric generation plants is applied, considering what the Por Tanto I, point f, regarding the Debt term (plazo de la deuda, d) and the contract term, indicates regarding the risk assumed by the investor of non-renewal of the contract if it is less than 20 years. (...) "The debt term is 20 years. This duration has been assigned so that it equals the maximum term of the energy purchase-sale contract.
The duration of the energy purchase-sale contract used in the model for the calculation of tariffs is 20 years, which is the maximum allowed by law. If ICE contracted the purchase of energy for a period of less than 20 years, the investor would be assuming the risk of not being contracted subsequently. This risk is reduced, to the extent that progress is made in the processes of opening the national electricity market and creating the regional electricity market." (...).
On the other hand, as indicated in the methodology for existing private generators that sign a new contract, once contracts are renewed or new contracts are signed, the tariff established in the plant methodology for existing plants would apply.
Position 6.4.
States that in the application and indexation of the private generation tariff-setting methodologies, different price indices have been used for updating investment amounts, so there has been no consistency. The fact that ARESEP standardizes the index for updating the investment amount in fixed assets is correct. However, it indicates that it is necessary for this price index to be specific and defined in each of the private generation methodologies according to the type of fixed asset being updated, so that it does not lend itself to interpretations by the different actors at the time of its application. Given the above, it requests that ARESEP define the specific price index that would be used for updating the investment amount in fixed assets, according to the corresponding methodology.
Response It is necessary and pertinent that the methodological proposal consider that the updating of the investment amount may be done through the selection of an index representative of the sector, provided that the technical reason for doing so exists. The foregoing, because in the past, indices have been identified that more accurately represent the evolution and behavior of the sector for indexation purposes, so it is considered necessary to leave open the possibility of including, in the updates, new indices that congruently and accurately reflect the characteristics of the sector in a better way. In each setting, should the respective index have been modified, it is the duty of ARESEP to present the technical justification, in accordance with the General Public Administration Act (Ley General de Administración Pública), and the value of the index to be used so that it is known to all involved actors.
Position 7. Regarding the "Model and cost structure of an electricity generation plant using biomass other than sugarcane bagasse and its Indexation formula" approved by Resolution RJD-162-2011 of November 9, 2011, and published in La Gaceta N.° 233 of December 5, 2011.
Position 7.1.
The Regulatory Authority, by modifying the scope of this methodology, establishes: "...and for those purchase-sale agreements of electric energy from new private biomass-based generating plants with conditions similar to those established by Chapter 1 of Law 7200...". Given the above, it requests clarification of what is understood by similar conditions; as the concept is very broad and can be interpreted according to the convenience of different private generators.
Response It refers to the conditions established in Law 7200.
Position 7.2.
States that in the proposed methodology it is cited "...The updating of the investment amount in fixed assets that makes up the tariff base will be carried out using a representative price index...". Indicates in this regard that it is important to note that a representative index is ambiguous, and its selection will depend on the technical criteria used by the generator for its estimation. These criteria may differ according to the view one has of it. Given the above, it requests that ARESEP define the specific price index that would be used for updating the investment amount in fixed assets, according to the corresponding methodology.
Response It is necessary and pertinent that the methodological proposal consider that the updating of the investment amount may be done through the selection of an index representative of the sector, provided that the technical reason for doing so exists. The foregoing, because in the past, indices have been identified that more accurately represent the evolution and behavior of the sector for indexation purposes, so it is considered necessary to leave open the possibility of including, in the updates, new indices that congruently and accurately reflect the characteristics of the sector in a better way. In each setting, should the respective index have been modified, it is the duty of ARESEP to present the technical justification, in accordance with the General Public Administration Act (Ley General de Administración Pública), and the value of the index to be used so that it is known to all involved actors.
Position 8. Regarding the "Model for determining reference tariffs for new private wind generation plants," approved by Resolution RJD-163-2011, of November 30, 2011, and published in La Gaceta N° 245 of December 21, 2011.
Position 8.1 States that in the proposed methodology it is cited: "the value of financial leverage (apalancamiento financiero) is used to estimate the relationship between debt and equity, which is part of the formula for the levered beta (beta apalancado) defined later. The calculation will be carried out in accordance with point b.4 below." Requests that at this point, the concept of financial leverage (apalancamiento financiero) and the calculation equation be clarified.
Response The methodology is clear in defining financial leverage (apalancamiento financiero) as the relationship between the level of debt and equity.
Position 8.2.
States that in the proposed methodology it is cited: "The updating of the investment amount in fixed assets that makes up the tariff base will be carried out using a representative price index...". Indicates in this regard that it is important to note that a representative index is ambiguous, and its selection will depend on the technical criteria used by the generator for its estimation. These criteria may differ according to the view one has of it. Given the above, it requests that ARESEP define the specific price index that would be used for updating the investment amount in fixed assets, according to the corresponding methodology.
Response It is considered necessary and pertinent that the methodological proposal consider that the updating of the investment amount may be done through the selection of an index representative of the sector, provided that the technical reason for doing so exists. The foregoing, because in the past, indices have been identified that more accurately represent the evolution and behavior of the sector for indexation purposes, so it is considered necessary to leave open the possibility of including, in the updates, new indices that congruently and accurately reflect the characteristics of the sector in a better way. In each setting, should the respective index have been modified, it is the duty of ARESEP to present the technical justification, in accordance with the General Public Administration Act (Ley General de Administración Pública), and the value of the index to be used so that it is known to all involved actors.
Position 9. Regarding the "Methodology according to the typical cost structure of a model electricity generation plant using sugarcane bagasse for sale to the Instituto Costarricense de Electricidad and its indexation formula," approved by Resolution RJD-004-2010 of April 26, 2010, and published in La Gaceta N.° 98 of May 21, 2010.
Position 9.1.
States that the scope proposed by the Regulatory Authority leaves open the option for another distribution company to buy electricity from companies generating energy using sugarcane bagasse. Given the above, it requests clarification on what ARESEP means when it establishes that this methodology is applicable to "those purchase-sale agreements of electric energy from electricity generating plants using sugarcane bagasse under conditions similar to those established by Chapter 1 of Law 7200." Response It refers to the conditions established in Law 7200.
Position 9.2.
States that in the application and indexation of the private generation tariff-setting methodologies, different price indices have been used for updating investment amounts, and there has been no consistency. The fact that ARESEP standardizes the index for updating the investment amount in fixed assets is correct. However, it is necessary for this price index to be specific and defined in each of the private generation methodologies according to the type of fixed asset being updated, so that it does not lend itself to interpretations by the different actors at the time of its application. Given the above, it requests that ARESEP define the specific price index that would be used for updating the investment amount in fixed assets, according to the corresponding methodology.
Response It is necessary and pertinent that the methodological proposal consider that the updating of the investment amount may be done through the selection of an index representative of the sector, provided that the technical reason for doing so exists. The foregoing, because in the past, indices have been identified that more accurately represent the evolution and behavior of the sector for indexation purposes, so it is considered necessary to leave open the possibility of including, in the updates, new indices that congruently and accurately reflect the characteristics of the sector in a better way. In each setting, should the respective index have been modified, it is the duty of ARESEP to present the technical justification, in accordance with the General Public Administration Act (Ley General de Administración Pública), and the value of the index to be used so that it is known to all involved actors.
Position 9.3.
In the application of this methodology, the internal cost is considered in dollars and is converted to colones by multiplying it by a reference exchange rate of the Central Bank of Costa Rica (Banco Central de Costa Rica, BCCR). Subsequently, it is indexed by applying the variation of the IPPI, also a reference from the BCCR. Once the figures in colones are indexed, they are converted back to dollars by dividing by the reference exchange rate of the BCCR. Having analyzed the resolutions of previous years that have given rise to the tariff for private generation with sugarcane bagasse (RJD-004-2010 and 302-RCR-2011) and the modification in this proposal, in relation to the indexation of internal costs, there is no clarity on the exchange rate to be used to convert figures from dollars to colones and vice versa, leaving a gap in this methodology. It also attaches the observations previously issued to Aresep, number 0510-1590-2012 dated 2012-12-12, so that they are taken into account in the modifications.
a- Given the above, it requests ARESEP to clearly indicate the BCCR reference monthly average purchase exchange rate to be used for the conversion of internal costs in dollars to colones. As well as, clearly indicate the BCCR reference monthly average sale exchange rate to be used for the conversion of indexed internal costs in colones to dollars.
b- It should also be indicated that the methodology traditionally used by ARESEP and by ICE for escalating figures requires, before applying the indexation index, converting the amounts in dollars to their value in original colones, for which they are multiplied by the exchange rate of the base date. Then the variation in the local index is applied to adjust them to the value in colones of the most recent date, and they are divided by the exchange rate of this latter date to transfer them back to dollars.
c- Attaches the observations sent previously to Aresep by ICE through document number 0510-1590-2012 dated 2012-12-12, related to the indexation of total costs and other topics related to the methodology, so that they are taken into account in the modifications.
Response This position falls outside the scope of the proposed modification of the private generation methodologies.
Position 9.4.
States that the methodology for establishing the tariff for plants generating with sugarcane bagasse is based on a new model plant, which does not correspond to the Costa Rican reality. In the case of Ingenio El Viejo, it began operation in 1994 and has been expanding. In the case of Ingenio Taboga, it began operation in 2003 and has also had expansions. In both plants, the operational life exceeds 10 years, which evidently does not correspond to a new plant. Given the above, it requests adjusting the model plant methodology to reflect the Costa Rican reality of plants generating with sugarcane bagasse.
Response This position falls outside the scope established for the proposed modification of the private generation methodologies. The tariff uses a model plant methodology.
Position 10. Regarding the "Methodology for setting tariffs for existing private generators (Law No. 7200) that sign a new electricity purchase-sale contract with the Instituto Costarricense de Electricidad," approved by Resolution RJD-009-2010 of May 7, 2010, and published in La Gaceta N.° 109 of June 7, 2010.
Position 10.1.
Indicates that it is important to note that one of the fundamental premises of this methodology is that the debt, as well as the financial costs of the existing private generator companies, have been covered in full during the term of the first purchase-sale contract of the private generators with ICE, and that, therefore, the tariffs applicable for subsequent contracts should only recognize the portion of financing corresponding to equity. The Methodology approved in 2010 is generic for all private generators and seeks to eliminate individual settings.
Equation proposed by ARESEP: Ke = KL + βa *PR + RP Where: The levered beta (beta apalancado) is obtained from the following formula: βa = βd*(1+(1-t)*D/Kp) States that if in this equation it is assumed that debt is zero, the levered beta (beta apalancado) would be equal to the unlevered beta (beta desapalancada), therefore it would be equivalent to using the rate of return equation in force and approved in RJD-009-2010, confirming the fundamental premise. In cases where the company has assumed new debt to finance additional investments for a repowering or expansion of the existing plant, and which could or should be recognized in the tariff, in the opinion of ICE - Electricity Sector, in these situations the tariff settings would have a specific nature, therefore not only must the investment cost be corrected, but also the operating cost (costo de explotación), the age factor, and the beta, in relation to the methodology in force for existing plants.
a- Explicitly declare that under the methodology for existing plants, the premise is that the debt is zero.
b- Establish that in cases where the company incurs new financing to cover additional investments for repowering or modernization of plants, individual studies will be carried out adjusting all the parameters of the methodology for the specific case.
Response This position falls outside the scope established in the proposed modification of the private generation methodologies. Tariff settings are by industry; individual settings are not carried out.
Position 10.2 States that regarding the updating of the investment amount in fixed assets, in the application and indexation of the private generation tariff-setting methodologies, different price indices have been used for updating investment amounts, so there has been no consistency. Indicates that the fact that ARESEP standardizes the index for updating the investment amount in fixed assets is correct. However, it is necessary for this price index to be specific and defined in each of the private generation methodologies according to the type of fixed asset being updated, so that it does not lend itself to interpretations by the different actors at the time of its application.
Furthermore, that these indices are normally reflected in dollars because the equipment for electric energy generation is imported and the prices are given by the international market. According to what is indicated in resolution 783-RCR-2012, point 3.3.2, the United States Producer Price Index should be used. In the proposal by ARESEP, it is indicated that the variable "I" may be updated according to a representative price index. Given the above, it requests that ARESEP define the specific price index that would be used for updating the investment amount in fixed assets, according to the corresponding methodology.
Response It is considered necessary and pertinent that the methodological proposal consider that the updating of the investment amount may be done through the selection of an index representative of the sector, provided that the technical reason for doing so exists. The foregoing, because in the past, indices have been identified that more accurately represent the evolution and behavior of the sector for indexation purposes, so it is considered necessary to leave open the possibility of including, in the updates, new indices that congruently and accurately reflect the characteristics of the sector in a better way. In each setting, should the respective index have been modified, it is the duty of ARESEP to present the technical justification, in accordance with the General Public Administration Act (Ley General de Administración Pública), and the value of the index to be used so that it is known to all involved actors.
Position 10.3.
It states that for the update of the annual exploitation cost amount, in the application of this methodology, the internal cost is considered in dollars and is converted to colones by multiplying it by a reference exchange rate from the BCCR. Subsequently, it is indexed by applying the variation of the IPPl, also a reference from the BCCR. Once the figures in colones are indexed, they are converted back to dollars by dividing by the reference exchange rate from the BCCR. However, in the proposed modification, regarding the indexation of internal costs, there is no clarity on the exchange rate to be used to convert figures from dollars to colones and vice versa, leaving a gap in this methodology. Given the above, it requests:
a- Clearly indicate the average monthly reference purchase exchange rate of the Banco Central de Costa Rica to be used for the conversion of internal costs in dollars to colones.
b- Clearly indicate the average monthly reference sale exchange rate of the Banco Central de Costa Rica to be used for the conversion of internal costs in indexed colones to dollars.
c- Also indicate that the methodology traditionally used by ARESEP and by ICE for scaling figures requires, before applying the indexation index, converting the amounts in dollars to their original value in colones, for which they are multiplied by the exchange rate of the base date. Then, the variation in the local index is applied to adjust to the value in colones of the most recent date and they are divided by the exchange rate of this last date to transfer them back to dollars.
Response This position falls outside the scope established for the proposed modification of the private generation methodologies.
Position 10.4.
(.) "It states that it is important to point out that the ICE-Sector Electricidad has indicated on repeated occasions the need for an exhaustive review of the "Tariff-setting methodology for existing private generators (Ley N° 7200) that sign a new electricity purchase-sale contract with the Instituto Costarricense de Electricidad" approved by Resolution RJD-009-2010, mainly regarding the form of calculation of the (.) "What has been acted upon by ARESEP to establish the tariff for private generators corresponds to the methodology established in RJD-009-2010, however, it is the ICE's criterion that an adjustment must be made to the calculation formula so that it conforms to the cost-based tariff criterion without detriment to the ICE-Sector Electricidad or the final customers of the Sector Eléctrico. Given the above, it is requested:
a- Carry out a comprehensive review of the calculation methodology established in RJD-009-2010.
Response Carrying out a comprehensive review of the calculation methodology established in RJD-009-2010 is not included in the scope of this methodology, therefore this position is not accepted.
b- Adjust the calculation equation for the exploitation cost, eliminating the age factor from the denominator.
Response The present proposal for modifications to the methodologies for private generators does not consider making modifications to the exploitation cost calculation equation, and as this is not among the proposed changes, it falls outside the scope of the present methodology.
c- Establish the methodology to be used in specific cases where it is demonstrated that existing private generators that renew electricity purchase-sale contracts with the ICE invest in repowering or expansion of the existing plant.
Response This position falls outside the scope of the present proposal for modification to the private generation methodologies.
14. Asociación Costarricense de Productores de Energía (ACOPE), legal ID 3-002-115819, represented by Mr. Mario Alvarado Mora, identity card 4-0129-0640, in his capacity as generalísimo proxy Position 1. It states that a calculation methodology has not been defined to set the value of the environmental factor, and although the proposed methodology in question (file OT-122-2013) does not make direct mention of the environmental factor, this point has a direct relationship with all the methodologies that are being consulted, so it is essential to resolve the inaction regarding the definition of its calculation. Furthermore, it indicates that two years have already passed since the resolution was issued. It requests that ARESEP comply with the indications established in resolution RJD-152-2011 and in Article 31 of Law 7593, and immediately initiate the procedure for convening and holding a public hearing for the definition of the calculation methodology for the environmental factor; and that it carry out the application in a homologous manner for the remaining tariff-setting methodologies, namely: RJD-004-2012, RJD-009-2010, RJD-162-2011, and RJD-163-201.
Response The position is outside the scope of the present proposal for modification to the private generation methodologies Position 2. It opposes the definition of new plant used in the Methodological Proposal because: a-) The definition refers to investment in physical capital. However, the term "physical capital" is not used in financial-accounting literature, which generates uncertainty. b-) The definition does not provide clear, objective, and traceable criteria to regulate which plants could be considered new and which should be considered existing plants., and c-) It excludes, without any justification, plants that have been rebuilt for reasons of force majeure, or that have had to be repowered upon reaching their useful life, with the risk of applying to these plants a tariff setting that undermines the recovery of the investment and the expenses inherent to the operation, maintenance, and a reasonable return for the company; which may be insufficient to cover costs and maintain the public generation service. It requests that ARESEP modify the definition of new plant to reconsider the case of electrical plants that have been rebuilt or repowered, or alternatively, that the methodology for new plants be applied to them.
Response The position is outside the scope of the modifications submitted to the public hearing. However, it should be clarified that once the plants begin to generate, the methodology for new private hydroelectric generation plants is applied, considering what the Por Tanto I. point f. regarding the Debt term (d) and contract term indicates regarding the risk assumed by the investor of non-renewal of the contract if it is less than 20 years.
(...)"The debt term is 20 years. This duration has been assigned so that it is equal to the maximum term of the energy purchase-sale contract.
The duration of the energy purchase-sale contract used in the model for tariff calculation is 20 years, which is the maximum allowed by law. If the ICE contracts the purchase of energy for a period of less than 20 years, the investor would be assuming the risk of not being contracted later. That risk is reduced as progress is made in the opening processes of the national electricity market and the creation of the regional electricity market. "(...)
On the other hand, as indicated in the methodology for existing private generators that sign a new contract, once contracts are renewed or new ones are signed, the tariff established in that methodology would be applied.
Position. 3. It states that adjustments must be made to the definitions of the variables of the cost of capital component in the formulas that set the tariff in methodologies RJD-004-2012, RJD-009- 2010, RJD-152-2011, RJD-162-2011, and RJD-13-2011 and considers that some sources of information are left undefined and leaves others subject to the discretionary interpretation of the people in charge of tariff setting. It requests ARESEP to adjust the definitions of the Proposal in the tariff calculation methodologies included in file OT-122-2013 for the following variables and in the following manner:
Position 3.1 For the case of the risk-free rate (KL), specifically in the data series (term and financial instrument), it proposes the following wording: "The TCMNOM series corresponds to United States Treasury Bonds, with a constant 20-year maturity, in nominal terms". It states that in this way, the term of the reference bonds to be used is more consistent with the investment horizon (long term).
Response It is considered correct that the instrument to be used for the risk-free rate is the TCMNOM, which appears at the electronic address recorded. However, the instrument's maturity period is left subject to the same maturity period used by Professor Damodaran in the case for estimating the risk premium, so that the calculation of the Cost of capital (CAPM) is consistent. This applies exclusively for settings that use Damoran as a source to obtain the CAPM.
Position 3.2 For the risk premium (PR) variable, specifically in the source and way of obtaining the required data, it proposes: i-) Dr. Aswath Damodaran, at the address http://www.stern.nyu.edu/~adamodar/pc/datasets/histretSP.xls, using the data "Stocks - T.Bonds", alternatively. ii-) The "Ibbotson Cost of Capital Yearbook", using the value denominated "Long-Horizon". Furthermore, it states that the arithmetic average of the risk premium should be used, for the longest period available (20 years or more), since the use of short data periods introduces very large estimation errors.
Response The estimated averages for the variables entering the CAPM calculation aim to consider a short-term rate of return given that the Damodaran information source presents annual values for most of the variables.
Position 3.3 It states that when two data sources are cited for the determination of the same value, it is necessary to previously and expressly define the order of priority in which they will be chosen. And it proposes: a-) "for the variables risk premium (PR), country risk (RP), and unlevered beta (bd), the preferred source is the information published by Dr. Damodaran. In the event that, for any of the cited variables, it is not possible for ARESEP to have the information from this source, the information from the "Ibbotson Cost of Capital Yearbook" will be used only for the variables not available in the preferred source". b-) "Likewise, for the variables risk-free rate (KL), risk premium (PR), country risk (RP), and unlevered beta (bd), the arithmetic average of the values published in the most recent 5 years will be calculated and used if available. In the event that, for any of the cited variables, it is not possible for ARESEP to have a recent historical series that completes 5 annual observations, the historical series of less than 5 years will be used for this variable only." Response It is considered necessary and pertinent that the methodological proposal consider that the selection of the source of financial information to be used for the CAPM calculation and the variables that compose it (Risk premium (PR), Country risk (RP), and Unlevered beta (bd)) may be obtained from the information published either by Dr. Aswath Damodaran or, alternatively, from the "Ibbotson® Cost of Capital Yearbook".
Leaving open the possibility that if any of these sources were to cease being available, another public and reliable source will be used. This allows using the financial information source that most adequately reflects the sector being tariffed.
The foregoing, provided the technical reason for it is justified and argued. In each setting, it is ARESEP's duty to present the technical justification for the selection of the information source to be used, in accordance with the Ley General de Administración Pública, and the value of the index to be used so that it is known to all involved actors.
Although Ibbotson, as well as other rigorous and reliable information sources that develop and present information required for the CAPM calculation, are paid, ARESEP will make available the information used in each tariff setting for public knowledge.
Position. 4. It states that because ARESEP leaves some sources of information undefined and others subject to the discretion of the people in charge of tariff setting, it requests that ARESEP correct these defects in the adjustment proposal in the tariff calculation methodologies included in file OT-122-2013, which are indicated below:
1. It considers that regarding the GTPIR database for the calculation of the investment cost, this source of information reflects a series of problems regarding the traceability of its data in terms of: a-) The information source from which the data from the various projects was taken is not defined, and it cannot be corroborated. b-) There is no homogeneity in the level of detail and progress of the projects in the database to establish an investment figure that does not contain asymmetries in these fields. In other words, the projects in this database are at different levels of development (reconnaissance phase, pre-feasibility, feasibility, built hydroelectric plant) and the cost asymmetries resulting from this disparity are not corrected. c-) No homologation is made of the differentiated tax treatment of the various Central American countries (exemptions from income tax, sales tax, social charges on labor). There is no evidence that the investment data are already adjusted according to the differentiated tax treatment of each Central American country.
Given the above, they request ARESEP that the GTPIR database for the investment cost calculation be adjusted to the Costa Rican reality based on a methodology that contemplates the differences in the investment cost of renewable energy plants at the level of each Central American country. In that same sense, in the event that ARESEP includes in this database any local energy plant that enjoys additional tax exemptions, for example of a cooperative type or public institution, that it proceed to make the corresponding tax adjustment in the investment cost.
Response The position falls outside the scope of the present methodological modification. However, it is clarified that although the opponent did not provide the technical information necessary to quantify the differences between the investment costs of energy generation projects in Costa Rica compared to the rest of Central America, it is considered that the information extracted from the "Plan Indicativo Regional de Expansión de la Generación. Período 2012-2027", prepared by the Consejo de Electrificación de América Central - Grupo de Trabajo de Planificación Indicativa Regional (GTPIR), besides being a source of information endorsed by this Regulatory Authority, incorporates hydroelectric projects with physical and economic conditions similar to those that were tariffed.
2. It indicates that it is essential to establish which of the types of regressions other than the exponential best approximate the relationship between installed capacity and exploitation costs, and to indicate which one should be used in tariff setting. It states that this is achieved by including in the methodology approved by Resolution RJD-152-2011 that the best-fit curve is that which has a higher coefficient of determination (closer to the absolute value of 1), which measures the degree of variation in the dependent variable explained by the change in the independent variable(s). Given the above, it requests the elimination of the reference to the exponential type regression in the methodologies approved by Resolution RJD-152-2011 and Resolution RJD-152-2011.
Response The information available for updating the exploitation costs based on installed capacity and exploitation costs may vary from one tariff setting to another, likewise, the amount of information available for the calculation, so it is not appropriate to specify a priori the functional form or curve that best fits the relationship between installed capacity and exploitation costs. Similarly, as established by statistical and econometric procedures, the coefficient of determination is only an indicator of the degree of fit of the independent variable to the dependent variables; however, this coefficient being close to one is not an exclusive indicator of the best fit; it is necessary to rule out other classic problems of regression models to be able to use the model's results in point estimates. In this sense, it is established in the present methodology that the curve presenting the best fit in terms of the resulting regression model will be used.
The fact that some calculations are left open to a certain discretion by technicians, due to the type of information available or its variability, on the one hand does not exempt them from having to be very well justified when applying the model and calculating the tariff, and on the other hand does not prevent their review by interested parties, since the technical report containing them is submitted to the public hearing process, through which opinions can be given on the calculations carried out.
3. It states that no methodology is established for the exclusion of extreme values for investment data, therefore it requests to indicate the procedure for the elimination of extreme values in these data, in the methodologies approved by Resolution RJD-152-2011 and Resolution RJD-152-201 and, proposes the use of two standard deviations; instead of the exclusion of extreme values, which, by not having a defined method, introduces great uncertainty and inappropriate interpretive discretion, departing from the clarity that the rules for the tariff setting calculation must have.
Response The exclusion of extreme values for exploitation costs will be carried out by investment amount and will be under the responsibility and direction of a statistics professional, which must be done with justification in science, technique, and logic as established by the Ley General de la Administración Pública.
4. It opposes the selection of the external index for updating fixed asset investments being left to the discretion of ARESEP for the following reasons: a-) ARESEP itself has considered that, as an external index, of the identified options, the Bureau of Reclamation Construction Cost Trends index is the most representative and adequate for updating the cost of fixed assets of private hydroelectric plants. b-) this index has already been applied by ARESEP for the tariff setting calculation. c-) This index measures construction changes, providing a quick means to determine the current construction cost of various infrastructures based on previous estimates. d-) Its information source is fully traceable and public. Given the above, they request that the index and its source be clearly established under the following wording: "The update of the investment amount in fixed assets that make up the tariff base, in case the data used show an age greater than one year, will be carried out using the Bureau of Reclamation Construction Cost trends index (Composite Trend), as indicated on the website of the U.S. Department of the Interior, Bureau of Reclamations http://www.usbr.gov/pmts/estimate/cost_trend.html). The update of the investment amount in fixed assets will be carried out annually and the same index will be applied consistently".
Response It is considered necessary and pertinent that the methodological proposal consider that the update of the investment amount may be done by selecting a representative index for the sector, provided there is a technical reason for it. The foregoing, since in the past indices have been identified that more precisely represent the evolution and behavior of the sector for indexation purposes, which is why it is considered necessary to leave open the possibility of including new indices in the updates that congruently and accurately reflect the sector's characteristics better. In each setting, in case the respective index has been modified, it is ARESEP's duty to present the technical justification, in accordance with the Ley General de Administración Pública, and the value of the index to be used so that it is known to all involved actors.
15. El Embalse S.A., represented by José Alberto Rojas Rodríguez, identity card 2-279-612, legal representative.
Position 1. Methodological standardization, legal certainty, and level of detail By their nature, investments in renewable electricity generation infrastructure are substantial from the outset, and therefore require a long term to be repaid. This implies that investors require clear signals and rules, which remain in force throughout the entire investment period, since otherwise legal uncertainty is generated. In this way, we see ARESEP's initiative to standardize those aspects that are similar among the tariff methodologies for renewable source electricity generation as a positive contribution.
It states that it is the criterion of its represented party that to avoid recurrent reviews in the methodologies that may give signals of legal uncertainty to investors, it is important that ARESEP take its time to carry out the corresponding analysis of the methodologies. Likewise, it is essential that there be a broad level of detail in the methodologies, particularly when precisely identifying the information sources to be used for the variables. This is to achieve delimiting that tariff settings are limited solely to the updating of independent, verifiable, and publicly available indicators for the providers and users of the public service.
Petition: That in pursuit of legal certainty for investment in electricity generation infrastructure, ARESEP ensures that the tariff-setting methodologies are maintained in force for prolonged periods and that the greatest possible level of detail be defined within the methodologies, such that the tariff-setting act is circumscribed solely to the updating of publicly available, traceable, and verifiable indices and indicators.
Response This position falls outside the scope of the modifications to the private generation methodologies submitted to the public hearing. However, it must be clarified that tariff settings for long periods are not viable. In accordance with what is established by Law 7593, the values of the tariff band will be reviewed at least once a year. All values that determine the tariff will be updated in each tariff setting.
Position 2. Environmental Factor There is an important deficiency in all tariff methodologies for generation with renewable sources, corresponding to the determination of the environmental factor. For quite some time, the Junta Directiva of ARESEP has recognized the importance of including this variable, but time passes without it being defined, and meanwhile, the providers of the public service are failing to receive this component that by law corresponds to them. This opportunity to modify the methodologies should be used to include, once and for all, the environmental factor variable that is common to all methodologies.
Petition: That the Junta Directiva include, once and for all, the environmental factor in all tariff-setting methodologies for electricity generation with renewable sources.
Response The position is outside the scope of the present proposal for modification to the private generation methodologies.
Position 3. Change regarding the treatment of extreme values in the "Reference tariff methodology for new private hydroelectric generation plants." Petition: That for the proposal to modify the methodology for new private hydroelectric generation plants, the phrase: "... from which extreme values will be excluded...", as described above, not be included, since it would imply a double exclusion of extreme values. Furthermore, that the concept of extreme values be clearly defined by ARESEP in the methodologies, and that a wider range reflecting the variability inherent to the development of generation infrastructure be included in this definition. It is suggested to apply two standard deviations instead of one standard deviation, as applied by the Banco Central de Costa Rica for setting the tasa básica pasiva. The foregoing because by taking into account only one standard deviation, assuming a normal distribution of the data, only 68% of the data is considered, excluding 16% of the observations in each tail on both sides. On the contrary, with two standard deviations, 95% of the data is included, excluding what strictly qualifies as extreme, which is 2.5% of the observations in each tail.
Response The exclusion of extreme values for exploitation costs will be carried out by investment amount and will be under the responsibility and direction of a statistics professional, which must be done with justification in science, technique, and logic as established by the Ley General de la Administración Pública.} Position 4. Homologation of investment costs from foreign sources to the Costa Rican reality One of the main sources of information identified by ARESEP for the investment amount variable is the GTPIR (Plan Indicativo Regional de Expansión de la Generación). In our opinion, this source of information is useful, as it is one of the few regional databases that exist. In this regard, it should be noted that ARESEP must specify as part of the methodology requirements that to use this source of information in tariff setting, it must go through three additional processes to homologate the data to the Costa Rican reality:
i- Expansion of the level of information.
ii- Homologation of tax treatment. iii- Homologation of construction costs.
Petition: That ARESEP explicitly defines in the methodologies that the GTPIR database be adjusted to the Costa Rican reality, based on a methodology that contemplates the differences in the investment cost of renewable energy plants at the level of each Central American country, specifically concerning tax exemptions and the price of inputs such as fuels. In that same sense, in the event that ARESEP includes in the investment cost database any local energy plant that enjoys additional tax exemptions, for example of a cooperative type, that it proceed to make the corresponding tax adjustment in the investment cost.
Response The position falls outside the scope of the present methodological modification. However, it is clarified that the information extracted from the "Plan Indicativo Regional de Expansión de la Generación. Período 2012-2027", prepared by the Consejo de Electrificación de América Central - Grupo de Trabajo de Planificación Indicativa Regional (GTPIR), besides being a source of information endorsed by this Regulatory Authority, incorporates hydroelectric projects with physical and economic conditions similar to those that were tariffed.
Position 5. Best-fit curve for the operating cost variable in the "Reference tariff methodology for new private hydroelectric generation plants" On folio 24 of case file OT-122-2013, it is proposed to modify the current methodology:
- b)A regression exercise is performed (the word exponential is deleted) to estimate the curve that best approximates the function relating installed capacity and operating cost.
In this regard, ARESEP is requested to clearly specify in the methodology which is the best-fit curve for the operating cost variable. As evidenced in prior processes at ARESEP, operating costs per unit of installed power decrease sharply as the size of the generation plant increases. This is to be expected, since there are a number of fixed costs that are the same in small or large plants.
For example, plants like the one owned by my represented party, due to their small size, are particularly vulnerable to an underestimation of the operating cost variable. The best-fit curve must therefore be defined in the methodology, using the greatest amount of available data, and applying a fit that represents the highest coefficient of determination (closest to the absolute value of 1), which measures the degree of variation in the dependent variable explained by the change in the independent variable(s).
Petition: That ARESEP specify in the tariff methodology for new private hydroelectric generation plants which is the best-fit curve for operating costs, being that which has the highest coefficient of determination (closest to the absolute value of 1), a concept that measures the degree of variation in the dependent variable explained by the change in the independent variable(s).
Response The information available for updating operating costs based on installed capacity and operating costs may vary from one tariff setting to another, as may the amount of information available for the calculation; therefore, it is not appropriate to specify a priori the functional form or curve that best fits the relationship between installed capacity and operating costs. Likewise, as established by statistical and econometric procedures, the coefficient of determination is only an indicator of the degree of fit of the independent variable to the dependent variables; however, this coefficient being close to one is not an exclusive indicator of the best fit; it is necessary to rule out other classic problems of regression models in order to use the model's results for point estimates. In this regard, it is established in the present methodology that the curve presenting the best fit in terms of the resulting regression model will be used.
The fact that some calculations are left open to a certain discretion on the part of technicians, due to the type of information available or its variability, on the one hand does not exempt them from ensuring that these calculations must be very well justified when applying the model and calculating the tariff, and on the other, does not impede their review by interested parties, since the technical report containing them is subject to the public hearing process, through which opinions can be expressed on the calculations made.
Position 6. Change regarding the treatment of extreme values in the "Tariff-setting methodology for existing private generators (Ley N° 7200) that sign a new electricity purchase-sale contract with the Instituto Costarricense de Electricidad," approved through resolution RJD-009-2010, linking the concept of extreme values to plant capacities of less than 1,000 kW and greater than 50,000 kW:
Now ARESEP proposes to modify the text in the methodology, leaving it open and undefined:
The updating of the investment amount in fixed assets that make up the tariff base will be carried out using a representative price index, in the event that the data used is older than one year. The selection of the index will consider the following aspects: that it comes from a publicly accessible source, specialized in generating technical information, and provides the most recent information. The updating of the investment amount in fixed assets will be carried out annually, and the same index will be applied consistently. In the event that it becomes necessary in the future to modify the index to be used, the technical reason justifying such a decision will be provided.
The data contained in the databases exclude extreme values, (the underlining is not in the original). Regarding this matter, it is necessary to highlight the need for the methodology to formally define the concept of extreme value. In that sense, it is important to note that when extreme values are removed from a database, the notion of risk and the real variability that exists regarding the investment amount of hydroelectric projects is implicitly being excluded, which is paradoxical. It must also be recognized that Costa Rica is a small country, where little new electric generation capacity is developed each year; therefore, it is important to allow space to use that limited data that is indeed available for our national reality, instead of omitting it as has been the case in previous tariff settings.
Finally, it is our opinion that using a single standard deviation as a limit to define extreme values is excessively restrictive and overlooks the fact that significant variability exists in the costs and configurations of electric generation plants. For determining extreme values, the same parameter used by the Banco Central de Costa Rica3 when defining the calculation for the Tasa Básica Pasiva, which is equivalent to two standard deviations, should be used.
3 (Methodology for calculating the Tasa Básica Pasiva, Effective as of 12/26/2012). http://indicadoreseconomicos.bccr.fi.cr/indicadoreseconomicos/Documentos//DocumentosMetodologiasNotasTecnicas/Nueva%20Metodolog%C3%ADa%20de%20C%C3%Allculo%20de%20la%20Tasa%20B%C3%Alsíca%20Pasiva.htm Response In Position 3, a response is given to the treatment of extreme values.
II.That in accordance with the recitals and considerandos set forth above and the merits of the proceedings, it is appropriate to:
- 1)Modify the tariff-setting methodologies for private electric energy generators using renewable resources, in the terms indicated in the technical report submitted via official communication 29-CDR-2013 (sic). 2) Take as a response to the opponents what is stated in Considerando I of this resolution and thank them for their valuable participation in this process, as ordered.
Based on the powers conferred in Ley 7593, the Internal Regulations for the Organization and Functions of the Autoridad Reguladora de los Servicios Públicos and its deconcentrated bodies, LA JUNTA DIRECTIVA DE LA AUTORIDAD REGULADORA DE LOS SERVICIOS PÚBLICOS
I.Modify the tariff-setting methodologies for private electric energy generators using renewable resources, in the following terms:
1. Of the "Tariff methodology based on the typical cost structure of a model electricity generation plant using sugarcane bagasse for sale to the Instituto Costarricense de Electricidad and its indexation formula," approved through Resolution RJD-004-2010, of April 26, 2010, and published in La Gaceta No. 98 of May 21, 2010:
1.1 Modify the first paragraph of section 1., as follows:
"1. GENERAL ASPECTS The objective of this procedure is to define the methodology and other characteristics for defining and approving the tariff applicable to electricity purchase-sale contracts between ICE and private generators under Ley 7200, whose source is sugarcane bagasse and which hold a valid concession for this type of activity, and for those electricity purchases/sales from sugarcane bagasse electricity generation plants with conditions similar to those established in Chapter 1 of Ley 7200, which are legally feasible and which must be regulated by ARESEP. (.)" 1.2 Modify point 2.18, as follows:
"2.18. Profitability (Ke) The calculation of profitability on capital contributions is determined using the method called the Capital Asset Pricing Model, commonly known as CAPM.
The CAPM method is based on considering that changes in the return of an asset are related to the risk associated with it and can be separated into two major components: the risk related to the market as a whole (systemic risk) and that derived from specific investments (specific risk).
The CAPM determines the average cost of equity capital for each industry, according to the following formula:
Ke = KL + βa * PR + RP Where: Ke = Profitability on equity capital contributions. KL = Risk-free rate, which corresponds to an investment alternative that has no risk for the investor. PR = Risk premium. It is defined as the difference between the risk-free rate and the market rate of return. RP = Country risk. It is the risk of an economic investment due solely to specific and common factors of a certain country. βa = Levered beta of the investment. It is the covariance of the profitability of a given asset and the profitability of the market. It is called "levered" when part of the investment is financed with debt.
The levered beta is obtained from the following formula: βa = βd * (1 + (1-t)* D/Kp) Where: βa = Levered beta. βd = Unlevered beta. D/Kp = Ratio between debt and equity capital (estimated through financial leverage). t = Income tax rate.
The parameters required to be calculated to estimate profitability on capital contributions are the following: risk-free rate, risk premium, country risk, unlevered beta, ratio between debt and equity capital, and income tax rate. The source for each of them is as follows:
Risk-free rate (KL): It is the nominal rate (TCMNOM) of the United States of America (USA) Treasury Bonds. The rate with the same maturity period as that for which the risk premium is calculated will be used, which is available on the internet page of the Federal Reserve of the United States, at the internet address: http://www.federalreserve.gov/datadownload/Build.aspx?rel=H15.
Risk premium (PR): the variable called "Implied Premium (FCFE)" will be used. Country risk (RP): the value published for Costa Rica is considered, from the data called Risk Premiums for the other markets and where country risk is called Country Risk premium. The values of this variable and the Unlevered Beta will be obtained from the information published by Dr. Aswath Damodaran, at the Internet address http://www.stern.nyu.edu/~adamodar or, alternatively, from the "Ibbotson® Cost of Capital Yearbook." If any of these sources were to become unavailable, another public and reliable source will be used.
3. The information source chosen for the variables described in points 1 and 2 will be used consistently, regarding the length of the historical series (5 years), the frequency of observations (one observation per year, corresponding to the published average), and the calculation of the average (arithmetic average of the 5 observations corresponding to the 5 most recent years for which information is available). In the event that, for any of the cited variables, it is not possible for ARESEP to have a recent historical series that completes 5 annual observations, the historical series shorter than 5 years but equal for all variables will be used.
4. Ratio between debt and equity capital (D/Kp): It is estimated with the formula D/Kp = Y/(1-Y), where Y is the financial leverage. For this calculation, the data included in section 2.16 will be used. The leverage data may be updated based on technical studies endorsed by the Autoridad Reguladora.
5. Income tax rate: It is the tax rate for for-profit legal entities, corresponding to the last income tax bracket—the highest marginal rate—, established and updated via decree by the Ministerio de Hacienda." 1.3 Include the following text at the end of section "2.1. Total Investment":
" (.)
Updating the investment amount in fixed assets The updating of the investment amount in fixed assets that make up the tariff base will be carried out using a representative price index, in the event that the data used is older than one year. The selection of the index will consider the following aspects: that it comes from a publicly accessible source, specialized in generating technical information, and provides the most recent information. The updating of the investment amount in fixed assets will be carried out annually, and the same index will be applied consistently. In the event that it becomes necessary in the future to modify the index to be used, the technical reason justifying such a decision will be provided, based on science, technique, and logic as established by the Ley General de la Administración Pública." 1.4 Modify the text of sections "2.11. Indexation of total costs"; "2.12 Internal cost" and "2.13 External cost" as follows:
"2.11. Indexation of total costs The updating of costs will be done by indexing fixed costs and variable costs, with the exception of financial expenses and depreciation. The variables to be indexed tend to vary over time (salaries, spare parts prices, and others), through a local component, because they are generally costs paid in colones.
Operating costs are determined by the sum of: the raw material cost (Cmp), the fuel cost (Ccb), the transport cost (Ctr), taxes (Cimp), labor costs (Cmo), the insurance cost (Cse), and indirect manufacturing costs (Cif). Operating costs will be indexed using the Índice de Precios al Productor Industrial, IPPI, calculated by the Banco Central de Costa Rica.
The cost values will be adjusted annually, through an extraordinary process that must begin in August of each year, according to cost variation factors, such as inflation, by means of the following indexation or automatic formula that allows the tariff to counteract the loss of purchasing power in real terms, as detailed below:
Where: CEi = CE i-1 * (IPPIi / IPPIi-1) CE: Operating costs (fixed and variable costs except financial expenses and depreciation) of the biomass generation or cogeneration plant IPPI: Índice de Precios al Productor Industrial, IPPI, calculated by the Banco Central de Costa Rica." Eliminate the Por Tanto II of the resolution and adjust the numbering of the following Por Tantos.
2. Of the "Tariff-setting methodology for existing private generators (Ley Nº 7200) that sign a new electricity purchase-sale contract with the Instituto Costarricense de Electricidad," approved through Resolution RJD-009-2010, of May 7, 2010, and published in La Gaceta No. 109 of June 7, 2010:
2.1 Modify point 3.6 as follows:
"3.6. Profitability (Ke) The calculation of profitability on capital contributions is determined using the method called the Capital Asset Pricing Model, commonly known as CAPM.
The CAPM method is based on considering that changes in the return of an asset are related to the risk associated with it and can be separated into two major components: the risk related to the market as a whole (systemic risk) and that derived from specific investments (specific risk).
The CAPM determines the average cost of equity capital for each industry, according to the following formula:
Ke = KL + βa * PR + RP Where: Ke = Profitability on equity capital contributions. KL = Risk-free rate, which corresponds to an investment alternative that has no risk for the investor. PR = Risk premium. It is defined as the difference between the risk-free rate and the market rate of return. RP = Country risk. It is the risk of an economic investment due solely to specific and common factors of a certain country. βa = Levered beta of the investment. It is the covariance of the profitability of a given asset and the profitability of the market. It is called "levered" when part of the investment is financed with debt.
The levered beta is obtained from the following formula: βa = βd * (1 + (1-t)* D/Kp) Where: βa = Levered beta. βd = Unlevered beta. D/Kp = Ratio between debt and equity capital (estimated through financial leverage). t = Income tax rate.
The parameters required to be calculated to estimate profitability on capital contributions are the following: risk-free rate, risk premium, country risk, unlevered beta, ratio between debt and equity capital, and income tax rate. The source for each of them is as follows:
Risk-free rate (KL): It is the nominal rate (TCMNOM) of the United States of America (USA) Treasury Bonds. The rate with the same maturity period as that for which the risk premium is calculated will be used, which is available on the internet page of the Federal Reserve of the United States, at the internet address: http://www.federalreserve.gov/datadownload/Build.aspx?rel=H15.
Risk premium (PR): the variable called "Implied Premium (FCFE)" will be used. Country risk (RP): the value published for Costa Rica is considered, from the data called Risk Premiums for the other markets and where country risk is called Country Risk premium. The values of this variable and the Unlevered Beta will be obtained from the information published by Dr. Aswath Damodaran, at the Internet address http://www.stern.nyu.edu/~adamodar or, alternatively, from the "Ibbotson® Cost of Capital Yearbook." If any of these sources were to become unavailable, another public and reliable source will be used.
3. The information source chosen for the variables described in points 1 and 2 will be used consistently, regarding the length of the historical series (5 years), the frequency of observations (one observation per year, corresponding to the published average), and the calculation of the average (arithmetic average of the 5 observations corresponding to the 5 most recent years for which information is available). In the event that, for any of the cited variables, it is not possible for ARESEP to have a recent historical series that completes 5 annual observations, the historical series shorter than 5 years but equal for all variables will be used.
4. Ratio between debt and equity capital (D/Kp): It is estimated with the formula D/Kp = Y/(1-Y), where Y is the financial leverage. For this calculation, an average will be used, weighted by installed capacity, of the most recent information regarding the financing level of each type of private electric generation plant that is available at the Autoridad Reguladora.
5. Income tax rate: It is the tax rate for for-profit legal entities, corresponding to the last income tax bracket—the highest marginal rate—, established and updated via decree by the Ministerio de Hacienda." 2.2 Modify point 3.3.2 as follows:
"3.3.2. Information source (.)
Updating the investment amount in fixed assets The updating of the investment amount in fixed assets that make up the tariff base will be carried out using a representative price index, in the event that the data used is older than one year. The selection of the index will consider the following aspects: that it comes from a publicly accessible source, specialized in generating technical information, and provides the most recent information. The updating of the investment amount in fixed assets will be carried out annually, and the same index will be applied consistently. In the event that it becomes necessary in the future to modify the index to be used, the technical reason justifying such a decision will be provided, based on science, technique, and logic as established by the Ley General de la Administración Pública.
The exclusion of extreme values will be carried out by investment amount and will be under the responsibility and direction of a statistics professional, who must justify it based on science, technique, and logic as established by the Ley General de la Administración Pública." 2.3 Modify section "6.2. Criteria for tariff adjustments," as follows:
"6.2. Criteria for tariff adjustments Updating the amount of the annual operating cost If it is not possible to obtain updated information for the variable Ca, it may be updated according to the local producer price index:
Can = Can-1 * (IPPICRn/IPPICRn-1) Where: Can = Updated annual operating cost. Can-1 = Annual operating cost for the previous period. IPPICRn = Current Índice de Precios al Productor Industrial de Costa Rica IPPICRn-1 = Índice de Precios al Productor Industrial de Costa Rica for the previous period.
The official source for this index is the following: http://www.bccr.fi.cr Updating the investment amount in fixed assets If it is not possible to obtain updated information for the variable I, it may be updated according to the representative price index:
I n = I n-1 * (IPRn/IPRn-1) Where: In = Updated investment. In-1 = Investment for the previous period. IPRn = Current representative Price Index IPRn-1= Representative Price Index for the previous period.
To select the representative price index, the criterion indicated in section 3.3.2 will be used." 3. Of the "Reference tariff methodology for new private hydroelectric generation plants," approved through Resolution RJD-152-2011, of August 10, 2011, and published in La Gaceta No. 168 of September 1, 2011, and modified through Resolutions RJD-161-2011, of October 26, 2011, published in La Gaceta No. 230 of November 30, 2011, and RJD-013-2012, of February 29, 2012, published in La Gaceta No. 74 of April 17, 2012:
3.1 Eliminate the "Generalidades" section.
3.2 Add the following after the "Objective" section:
"Scope The model presented is applicable to the tariff settings for energy sales to ICE by private generators producing with new hydroelectric plants, within the framework established in Chapter 1 of Ley 7200, for those electricity purchases/sales from new private hydroelectric plants with conditions similar to those established in Ley 7200, which are legally feasible and which must be regulated by ARESEP, and for those energy purchases/sales from new plants producing with non-conventional sources for which no specific tariff methodology approved by the Autoridad Reguladora yet exists.
The tariff band applicable to private generation with non-conventional energy sources for which no specific methodology exists is the tariff band estimated through this methodology, without considering seasonal structure.
A new plant is understood to be one whose investment in physical capital has not yet been used in any electricity production process. Consequently, new plants, by definition, could not have generated energy that was sold within the framework of any electricity purchase-sale contract or for self-consumption purposes." 3.3 Modify the text as follows:
"Operating Costs (CE) (.)
- b)A regression exercise is performed to estimate the curve that best approximates the function relating installed capacity and operating cost.
(.)" "Profitability on capital contributions (ρ) The calculation of profitability on capital contributions is determined using the method called the Capital Asset Pricing Model, commonly known as CAPM.
The CAPM method is based on considering that changes in the return of an asset are related to the risk associated with it and can be separated into two major components: the risk related to the market as a whole (systemic risk) and that derived from specific investments (specific risk).
The CAPM determines the average cost of equity capital for each industry, according to the following formula:
ρ = KL + βa * PR + RP Where: ρ = Profitability on equity capital contributions. KL = Risk-free rate, which corresponds to an investment alternative that has no risk for the investor. PR = Risk premium. It is defined as the difference between the risk-free rate and the market rate of return. RP = Country risk. It is the risk of an economic investment due solely to specific and common factors of a certain country. βa = Levered beta of the investment. It is the covariance of the profitability of a given asset and the profitability of the market. It is called "levered" when part of the investment is financed with debt.
The levered beta is obtained from the following formula: βa = βd * (1 + (1-t)* D/Kp) Where: βa = Levered beta. βd = Unlevered beta. D/Kp = Ratio between debt and equity capital (estimated through financial leverage). t = Income tax rate.
The parameters required to be calculated to estimate profitability on capital contributions are the following: risk-free rate, risk premium, country risk, unlevered beta, ratio between debt and equity capital, and income tax rate. The source for each of them is as follows:
Risk-free rate (KL): It is the nominal rate (TCMNOM) of the United States of America (USA) Treasury Bonds. The rate with the same maturity period as that for which the risk premium is calculated will be used, which is available on the internet page of the Federal Reserve of the United States, at the internet address: http://www.federalreserve.gov/datadownload/Build.aspx?rel=H15.
Risk premium (PR): the variable called "Implied Premium (FCFE)" will be used. Country risk (RP): the value published for Costa Rica is considered, from the data called Risk Premiums for the other markets and where country risk is called Country Risk premium. The values of this variable and the Unlevered Beta will be obtained from the information published by Dr. Aswath Damodaran, at the Internet address http://www.stern.nyu.edu/~adamodar or, alternatively, from the "Ibbotson® Cost of Capital Yearbook." If any of these sources were to become unavailable, another public and reliable source will be used.
3. The information source chosen for the variables described in points 1 and 2 will be used consistently, regarding the length of the historical series (5 years), the frequency of observations (one observation per year, corresponding to the published average), and the calculation of the average (arithmetic average of the 5 observations corresponding to the 5 most recent years for which information is available). In the event that, for any of the cited variables, it is not possible for ARESEP to have a recent historical series that completes 5 annual observations, the historical series shorter than 5 years but equal for all variables will be used.
4. Ratio between debt and equity capital (D/Kp): It is estimated with the formula D/Kp = Y/(1-Y), where Y is the financial leverage. For this calculation, an average will be used, weighted by installed capacity, of the most recent information regarding the financing level of each type of private electric generation plant that is available at the Autoridad Reguladora.
5. Income tax rate: It is the tax rate for for-profit legal entities, corresponding to the last income tax bracket—the highest marginal rate—, established and updated via decree by the Ministerio de Hacienda." 6. Other variables a. Interest rate (i) The monthly average of the values from the last sixty months of the rate published by the Banco Central de Costa Rica for loans to the industrial sector in dollars, from private banks, will be used.
b. Economic life of the project (v) For the purposes of this model, the economic life of the project is 20 years, a period equal to that of the contract considered in the model to define the tariff. It is assumed that this economic life is half of the useful life of the project, estimated at 40 years.
c. Term of the debt (d) and term of the contract The term of the debt is 20 years. That duration has been assigned so that it is equal to the maximum term of the energy purchase-sale contract. The duration of the energy purchase-sale contract used in the model for calculating tariffs is 20 years, which is the maximum permitted by law. If ICE contracted the purchase of energy for a period of less than 20 years, the investor would be assuming the risk of not being contracted subsequently. That risk is reduced as progress is made in the processes of opening the national electricity market and creating the regional electricity market.
d. Age of the plant (e) Given that these are new plants, a value of zero is assigned to this variable." 3.4 Modify the text in the following manner:
"Unit investment amount (M) (.)
The investment cost represents the total costs necessary to build a generation plant under normal conditions for our country.
The calculation of this value shall be made based on data on investment costs of hydroelectric plants with installed capacities equal to or less than 20MW, from which extreme values shall be excluded, coming from three sources of information:
- a)The most recent version of the Regional Indicative Generation Expansion Plan, published by the Consejo de Electrificación de América Central-Grupo de Trabajo de Planificación Indicativa Regional (GTPIR).
(.)" 3.5 Add the following at the end of the "Unit investment amount (M)" section:
"Updating of the investment amount in fixed assets The updating of the investment amount in fixed assets that make up the tariff base shall be carried out using a representative price index, in the event that the data used is more than one year old. The selection of the index shall consider the following aspects: that it comes from a publicly accessible source, specialized in the generation of technical information, and with the most recent information. The updating of the investment amount in fixed assets shall be carried out annually and the same index shall be applied consistently. In the event that it becomes necessary in the future to modify the index to be used, the technical reason supporting that decision shall be justified based on science, technique, and logic, as established by the Ley General de la Administración Pública." 4. From the "Model and cost structure of an electricity generation plant with biomass other than sugarcane bagasse and its indexation formula", approved by Resolution RJD-162-2011, on November 9, 2011, and published in La Gaceta No. 233 on December 5, 2011:
4.1 Modify section "1.1. Objective and scope" in the following manner:
"1.1. Objective and scope. The objective of the tariff model proposed in this report is to establish the specific normative framework for setting and adjusting the sale tariffs of electricity by private generators or cogenerators that produce energy with biomass sources through combustion systems, to ICE within the framework of Chapter 1 of Law No. 7200, and for those purchases and sales of electric energy from new private electricity generation plants using biomass sources with conditions similar to those established by Chapter 1 of Law 7200, which are legally feasible and must be regulated by ARESEP.
Excluded from this methodology are tariff settings associated with sales of electricity produced solely with sugarcane bagasse, to which the methodology approved by the Board of Directors through resolution RJD-004-2010 is applied. Also excluded are tariff settings for sales of energy generated by plants that use municipal waste as input.
The model is not applicable to plants that include processes other than combustion to generate electricity with biomass, such as gasification, pyrolysis, or plasma reactors." 4.2 Modify point 4.4.1 in the following manner:
"4.4.1 Profitability.
(.)
The parameters that need to be calculated to estimate the return on capital contributions are the following: risk-free rate, risk premium, country risk, unlevered beta, debt-to-equity ratio, and income tax rate. The source for each of them is as follows:
Risk-free rate (KL): It is the nominal rate (TCMNOM) of the United States of America (USA) Treasury Bonds. The rate with the same maturity period for which the risk premium is calculated shall be used, which is available on the internet page of the Federal Reserve of the United States, at the internet address: http://www.federalreserve.gov/datadownload/Build.aspx?rel=H15.
Risk premium (PR): the variable called "Implied Premium (FCFE)" shall be used. Country risk (RP): the value published for Costa Rica is considered, from the data called Risk Premiums for the other markets and where the country risk is called Country Risk premium. The values of this variable and the unlevered beta shall be obtained from the information published by Dr. Aswath Damodaran, at the internet address http://www.stern.nyu.edu/~adamodar or, alternatively, from the "Ibbotson® Cost of Capital Yearbook". If any of these sources becomes unavailable, another public and reliable source shall be used.
3. The source of information chosen for the variables described in points 1 and 2 shall be used consistently, regarding the length of the historical series (5 years), the frequency of observations (one observation per year, corresponding to the published average), and the calculation of the average (arithmetic mean of the 5 observations corresponding to the 5 most recent years for which information is available). In the event that, for any of the cited variables, it is not possible for ARESEP to have a recent historical series that completes 5 annual observations, the historical series of less than 5 years shall be used, provided it is the same for all variables.
4. Debt-to-equity ratio (D/Kp): It is estimated with the formula D/Kp = Y/(1-Y), where Y is the financial leverage. For this calculation, a weighted average by installed capacity of the most recent information regarding the financing level of each type of private electricity generation plant available at the Regulatory Authority shall be used.
5. Income tax rate: It is the tax rate for for-profit legal entities, corresponding to the highest income tax bracket—the highest marginal rate—established and updated via decree by the Ministerio de Hacienda." 4.3 Add the following at the end of the "4.2 Total investment" section:
"Updating of the investment amount in fixed assets The updating of the investment amount in fixed assets that make up the tariff base shall be carried out using a representative price index, in the event that the data used is more than one year old. The selection of the index shall consider the following aspects: that it comes from a publicly accessible source, specialized in the generation of technical information, and with the most recent information. The updating of the investment amount in fixed assets shall be carried out annually and the same index shall be applied consistently. In the event that it becomes necessary in the future to modify the index to be used, the technical reason supporting that decision shall be justified based on science, technique, and logic, as established by the Ley General de la Administración Pública." 5. From the "Model for determining reference tariffs for new private wind generation plants", approved by Resolution RJD-163-2011, on November 30, 2011, and published in La Gaceta No. 245 on December 21, 2011:
5.1 Modify point vii in the following manner:
"vii. Fixed capital costs (CFC) (.)
a. Leverage (Y) The financial leverage value is used to estimate the debt-to-equity ratio, which is part of the formula for the levered beta defined subsequently. The calculation shall be carried out in accordance with point b.4 below.
b. Return on capital contributions (ρ) (.)
The parameters that need to be calculated to estimate the return on capital contributions are the following: risk-free rate, risk premium, country risk, unlevered beta, debt-to-equity ratio, and income tax rate. The source for each of them is as follows:
Risk-free rate (KL): It is the nominal rate (TCMNOM) of the United States of America (USA) Treasury Bonds. The rate with the same maturity period for which the risk premium is calculated shall be used, which is available on the internet page of the Federal Reserve of the United States, at the internet address: http://www.federalreserve.gov/datadownload/Build.aspx?rel=H15.
Risk premium (PR): the variable called "Implied Premium (FCFE)" shall be used. Country risk (RP): the value published for Costa Rica is considered, from the data called Risk Premiums for the other markets and where the country risk is called Country Risk premium. The values of this variable and the unlevered Beta shall be obtained from the information published by Dr. Aswath Damodaran, at the internet address http://www.stern.nyu.edu/~adamodar or, alternatively, from the "Ibbotson® Cost of Capital Yearbook". If any of these sources becomes unavailable, another public and reliable source shall be used.
3. The source of information chosen for the variables described in points 1 and 2 shall be used consistently, regarding the length of the historical series (5 years), the frequency of observations (one observation per year, corresponding to the published average), and the calculation of the average (arithmetic mean of the 5 observations corresponding to the 5 most recent years for which information is available). In the event that, for any of the cited variables, it is not possible for ARESEP to have a recent historical series that completes 5 annual observations, the historical series of less than 5 years shall be used, provided it is the same for all variables.
4. Debt-to-equity ratio (D/Kp): It is estimated with the formula D/Kp = Y/(1-Y), where Y is the financial leverage. For this calculation, a weighted average by installed capacity of the most recent information regarding the financing level of each type of private electricity generation plant available at the Regulatory Authority shall be used.
5. Income tax rate: It is the tax rate for for-profit legal entities, corresponding to the highest income tax bracket—the highest marginal rate—established and updated via decree by the Ministerio de Hacienda." 5.2 Modify point viii in the following manner:
""viii. Unit investment amount (M) (.)
d. Updating of the investment amount in fixed assets: The updating of the investment amount in fixed assets that make up the tariff base shall be carried out using a representative price index, in the event that the data used is more than one year old. The selection of the index shall consider the following aspects: that it comes from a publicly accessible source, specialized in the generation of technical information, and with the most recent information. The updating of the investment amount in fixed assets shall be carried out annually and the same index shall be applied consistently. In the event that it becomes necessary in the future to modify the index to be used, the technical reason supporting that decision shall be justified based on science, technique, and logic, as established by the Ley General de la Administración Pública."
II.To hold as a response to the opponents that which is indicated in Considerando I of this resolution and to thank them for their valuable participation in this process.
Effective from its publication in the official gazette La Gaceta.
In compliance with Article 245 of the Ley General de la Administración Pública, against this resolution, the ordinary motion for reversal or reconsideration is admissible, which must be filed within three days from the day following notification, and the extraordinary motion for review, which must be filed within the periods indicated in Article 354 of the aforementioned law. Both motions must be filed before the Board of Directors of the Autoridad Reguladora de los Servicios Públicos, which is responsible for resolving them.