In accordance with the cited regulations, Ley N° 7593 and its regulations, the Reglamento Sectorial de Servicios, the technical standards issued by the Aresep, and the methodologies issued in this regard, the Autoridad Reguladora de los Servicios Públicos regulates the provision of the electrical energy supply service in Costa Rica, by the subjects authorized to do so. Therefore, there is support to develop a methodology that reflects the cost structure, financing, returns required in accordance with the principle of service at cost, and technical aspects, in such a way that reference rates are obtained that allow the competitive development of private solar photovoltaic generation.
V. DEFINITION OF THE TARIFF METHODOLOGY
1. Objective The objective of the methodology is to establish a tariff band for solar photovoltaic generation plants.
For this purpose, a tariff model has been defined for solar photovoltaic generation plants with capacities equal to or less than 20 MW, capable of operating within a regulatorily acceptable range of costs and operational efficiency. To this end, a tariff band is offered that allows the buyer to offer a range of electricity purchase prices with which the offeror can obtain sufficient income to cover its operating costs, recover the investment made, and obtain a reasonable return for the level of risk associated with the electricity generation activity.
2. Scope The model presented is applicable to the tariff setting for energy sales to ICE by private generators producing with new solar photovoltaic plants, within the framework established by Chapter 1 of Ley 7200, and for those purchases and sales of electric energy from new private solar photovoltaic plants with conditions similar to those established by Chapter 1 of Ley 7200, which are legally feasible and must be regulated by ARESEP.
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.
The determination of small-scale generation tariffs for self-consumption with solar photovoltaic source falls outside the scope of this methodology, tariffs that would be determined within the framework of the technical regulation "Planeación, Operación y Acceso al Sistema Eléctrico Nacional AR-NT-POASEN", through a specific methodology.
3. General Model In general, the economic equation for the supply of electric energy can be expressed from the perspective of the private generator, as follows:
CE+CFC=p*E (Equation 1) Where:
CE = Operating costs (Costos de explotación) CFC = Fixed capital cost (Costo fijo por capital) p = Sale tariff E = Sales expectations (energy quantity) It can be observed that in equation 1, costs equal revenues.
Solving for the sale tariff (p), we obtain:
p=(CE+CFC with E different from 0, (Equation 2) E From the above, it follows that for the purposes of this model, the tariff depends on both electricity sales expectations and operating costs and the cost of capital. Consequently, the model for determining the electric energy sale tariff by new private generators requires the definition of sales expectations and costs, both operating and investment costs and their profitability.
3.1 Sales expectations (E) Plant production depends on the availability of installed generation capacity, which in turn depends on the physical characteristics of the utilization, the technology used, the age of the installations, as well as the company's maintenance practices. Meanwhile, the distance between the plant and the delivery point influences the efficiency of the transmission process.
In any case, it is possible to express all these factors in terms of a utilization factor of the installed capacity (Plant Factor, *Factor de Planta*). This is a commonly used factor, which is possible to associate with each type of primary source; a value for this parameter can be established applicable to each type of source, making it possible to differentiate the sale tariff according to the primary source.
In summary, to estimate the amount of energy that will be taken to determine the applicable tariff, the following equation is considered:
E=C*8760*fp (Equation 3) Where:
E = Annual sales (energy quantity) C = Installed capacity of the plant 8,760 = Number of hours in a year (24 hours * 365 days) fp = Plant factor applicable according to the source Although there is an economy-of-scale effect in electricity generation plants, especially regarding installation costs and operating costs, it is possible to simplify the model and conduct the analysis for a unit-sized plant (unit installed capacity), whereby the previous formula is reduced to:
E=8,760*fp (Equation 4) Where:
E= Annual sales (energy quantity) 8,760 = Number of hours in a year (24 hours * 365 days) fp = Plant factor applicable according to the source For determining the plant factor (fp), the following criteria will be applied:
a. The plant factor obtained from the report "Energía solar fotovoltaica. Aspectos técnicos y simulación de una tarifa de referencia", Centro Nacional de Planificación Eléctrica, Instituto Costarricense de Electricidad (2013) is used. The value used is the one corresponding to Liberia Policristalino from table 7, referred to on page 26 of the aforementioned study.
b. The average value of the plant factor is calculated over the twenty years of the contract, taking into account a solar panel degradation of 0.5% annually (this negatively affects photovoltaic production), as established on page 28 of the ECLAREON/BSW (2014) study.
c. The result obtained in point b. is the one used as the plant factor.
The criteria mentioned above for determining the plant factor values will remain in effect as long as the sources of information associated with those criteria are not replaced by other, more updated sources that meet adequate requirements of reliability, quality, and possibility of disclosing their data. The adoption of new sources of information for this purpose must be justified through a technical report.
3.2 Operating Costs (CE) (Costos de Explotación) Among the operating costs, both variable operating costs (those expenses that occur exclusively when the production process is carried out, such as taxes associated with production, spare parts, and other consumable materials during the production process) and fixed costs (those unavoidable expenses independent of whether the plant operates or not, such as insurance policies, permits, permanent personnel, technical advisory services, administrative costs, etc.) are contemplated. These effective expenses must not include depreciation, financial expenses, or taxes associated with profits or earnings.
The unit value of the operating cost to be used in the methodology is obtained as follows:
a. The standard facility operating cost data denominated in United States of America dollars per kilowatt per year (US$/kW/year) are used, obtained from the study: "Determinación de la tarifa retributiva para instalaciones FV en Costa Rica", carried out by ECLAREON/ Bundesverband Solarwirtschaft e.V (2014) under contract with the Agencia de Cooperación Alemana (GIZ), within the framework of Programa 4E en Centroamérica PN2009.2262.5-001.00, on page 54, anexo 7, illustration 26. Hereinafter, this study will be referred to as ECLAREON/BSW (2014). These values are the result of the analysis of operating cost data obtained from interviews with photovoltaic plant installation companies, as part of the study presented in ECLAREON/ BSW (2014).
b. From the above information, the simple average of the data from the interviews answered regarding this item is calculated.
The criteria mentioned above for determining operating cost values will remain in effect as long as the source of information associated with those criteria is not replaced by other, more updated sources that meet adequate requirements of reliability, quality, and possibility of disclosing their data. The adoption of new sources of information for this purpose must be justified through a technical report, which is proposed to be prepared within a period not exceeding five years, counted from the effectiveness of this methodology.
3.3 Fixed capital cost (CFC) (Costo fijo por capital) Through the component called "Fixed Capital Cost" (CFC), the aim is to guarantee investors returns comparable to those they could obtain in other investments with a similar level of risk, in order to make the alternative of participating in the development of the plant attractive.
The CFC depends on the investment amount, the level of leverage used (debt / capital contribution ratio), the financing conditions (interest rate, payment method, and term), the rate of return expected by investors on their contributions, the investment recovery period (economic life, *vida económica*), the age of the plant, and the applicable income tax rate.
This Fixed Capital Cost item will be determined using the following equation:
CFC=M*FC (Equation 5) Where:
CFC = Fixed Capital Cost (Costo Fijo por capital) M = Total amount of the unit investment FC = Factor reflecting the investment conditions The FC factor depends on the conditions under which the financing is established and the age of the plant. It is determined by the following equation, which allows determining the amount of the uniform fee, applicable throughout the entire economic life, that the plant owner requires to recover their investment and obtain the expected profitability:
Where:
Ψ = Leverage (debt ratio) (%) p = Profitability on capital contributions (%) t = Income tax rate (%) i = Interest rate (%) e = Age of the plant (years) d = Debt term (years) v = Economic life of the plant (years) The factor resulting from this formula reflects an average value applicable during the entire economic life. Within this context, during the first years, the net profit received by the investor is low (and less than the loss of value of the plant), since they are allocating a portion of the corresponding profit to "buy" the participation of financial entities in the plant's ownership. In this way, once the debt is amortized, the investor becomes the sole owner.
Regarding the calculation of profitability on contributions "ρ", it shall be carried out according to the Capital Assets Pricing Model, or CAPM methodology established by ARESEP, and the sources and database established by the Regulatory Body shall be used.
The components of the FC factor formula are defined below.
3.3.1 Leverage (Ψ) (Apalancamiento) The financial leverage value is used to estimate the relationship between debt and equity.
The calculation of this value shall be done by determining a sample of leverage (financing) of electric plants, as much as possible similar to the plants intended to be tariffed.
To perform the calculation, the simple average of the financing information for electric projects available at the Regulatory Authority shall be used.
This value shall be updated in each tariff setting.
3.3.2 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 estimates the cost of equity. It 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).
Aresep shall use, for obtaining the CAPM, sources of information acquired by the institution for regulatory purposes, based on information for financial analysis, as long as they are reliable and rigorous market sources regarding the calculation of the cost of capital.
If several specialized financial information sources for CAPM calculation are available, priority shall be given to those through which, using the software that manages their data, it is possible to directly estimate CAPM values for sectors and companies linked to the electric segment considered within the scope of this methodology, proceeding as follows:
- a)Specialized financial information sources The criteria for selecting the financial information source to be used for obtaining the Cost of Capital (CAPM) are as follows:
▪ It must be based on a software or virtual platform for financial analysis, preferably providing information regarding direct values of the cost of capital for the regulated sector, in this case for the electricity generation segment with renewable sources.
▪ The available information must be grounded on public information from different companies listed on stock exchanges worldwide.
▪ It must allow searches in two or more of the following industrial classifications:
▪ Standard Industrial Classification (SIC) Code, ▪ North American Industry Classification System (NAICS) Code ▪ Global Industry Classification Standard (GICS) Code ▪ Industry Classification Benchmark (ICB) Code ▪ It must provide and allow identification of information for companies located in the electricity generation segment with renewable sources.
▪ It must offer CAPM values for different time periods (daily, monthly, quarterly, annually).
- b)Obtaining the cost of equity (CAPM) Step 1: Definition of the industrial classification to be used. For this purpose, the classification that allows obtaining the grouping of companies whose composition is as close as possible to the set of companies that are part of the industry considered in the scope of the tariff methodology will be chosen, in this case, the solar electricity generation sector. Likewise, it should allow locating the largest number of companies that meet the previous criterion.
Step 2: Selection of the reference group of companies. Within the selected industrial classification, the group of companies whose composition and description fits the solar electricity generation sector will be chosen. Electricity generation companies that, at this level of disaggregation, are specific to solar generation will be selected.
Step 3: Selection of the sample of solar electricity generation companies. The sample of companies for the CAPM estimation will be selected, considering those companies for which all or part of their activity is solar electric energy generation.
Step 4: Calculation of the CAPM value. To do this, first, the CAPM is obtained for each individual company for the last 12 months available prior to the day of the public hearing; then the simple arithmetic mean of the information from all the companies is calculated.
Subsequently, extreme values are excluded from the data obtained previously; this procedure must be carried out by a statistics professional, and finally, a simple arithmetic mean of the resulting values is calculated.
For its approval, the technical report justifying the industrial classification and the companies selected for the CAPM calculation must be included, in addition to including the values obtained for each company and the respective calculations to obtain the final value of the cost of equity. For the purposes of this methodology, the primary source of information is Bloomberg L.P., from which the CAPM values of solar-source electricity generation companies are obtained directly. If this source becomes unavailable, another private and reliable source that complies with subsection a of section 3.3.2 will be used.
In the event that Aresep does not have access to specialized financial information sources (private) acquired by the institution for regulatory purposes that have the breakdown required in point a) above, the information published by Dr. Aswath Damodaran, of the University of New York, shall be used for the CAPM calculation. The CAPM determines the average cost of equity for each industry, according to the following formula:
ρ= k_l+βa*PR+RP (Equation 7) Where:
Ρ = Profitability on equity contributions (Cost of equity, *Costo de capital propio*).
kl = Risk-free rate, which corresponds to an investment alternative that has no risk for the investor.
βa = Levered beta of the investment. It is the covariance of the profitability of a specific asset and the market profitability. It is called "levered" since it has been adjusted to consider that part of the investment is financed with debt.
PR = Risk premium. It is defined as the difference between the risk-free rate and the market return rate.
RP = Country risk. It is the risk of an economic investment due only to specific and common factors of a certain country.
The levered beta is called "levered" when part of the investment is financed with debt and is obtained from the following formula:
β_a= β_d*(1+(1-t)*D) (Equation 8) Kp Where:
βa = Levered beta βd = Unlevered beta t = Income tax rate D/Kp = Debt-to-equity ratio (estimated through financial leverage) The parameters required to estimate the profitability 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 as that used for calculating the risk premium 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.
▪ Unlevered beta (βd): The unlevered beta values of the sector called "Utility (General)" are used. This variable will be used for the calculation of the investment's levered beta.
▪ 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, where country risk is called Country Risk premium.
The values for the indicated variables for which no source is indicated in this alternative will be obtained from the information published by Dr. Aswath Damodaran, at the Internet address http://www.stern.nyu.edu/~adamodar.
These variables 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 annual average), and the calculation of the average (simple 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 of less than 5 years but that is the same for all variables will be used.
▪ 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, the data included in section 3.3.1 will be used. The leverage data may be updated by the Regulatory Authority.
▪ 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.
This value shall be updated in each tariff setting.
3.3.3 Interest rate (i) The monthly average of the values for the last sixty months of the rate published by the Banco Central de Costa Rica (On its website: http://www.bccr.fi.cr/index.html) for loans to the industrial sector in dollars, from private banks, will be used.
This value shall be updated in each tariff setting.
3.3.4 Economic life of the project (v) (vida económica) 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 less than the useful life of the project, estimated at 25 years.
3.3.5 Debt term (d) and contract term 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 tariffs is 20 years, which is the maximum allowed by Ley 7200. However, the contract term will be defined between the parties.
3.3.6 Age of the plant (e) Given that these are new plants, this variable is assigned a value of zero.
3.4 Amount of the unit investment (M) The investment cost represents the total costs necessary to build a generation plant under normal conditions for our country. In this case, it involves information that fits, as much as possible, the reality of the plants intended to be tariffed.
The investment costs shall be estimated as follows:
a. The turnkey investment cost data obtained from the ECLAREON/BSW (2014) study, on page 54, anexo 7, illustration 26, are used. The information to be used is for the maximum range and medium range.
b. From the data obtained for the maximum range and medium range by capacity, all sources of information are maintained.
c. To calculate the investment cost, the values of the maximum and medium range are used, and an average of the investment cost by source (interview) is obtained for capacities less than or equal to 20 MW, that is, an average of the range of capacities available in the table.
d. Once the simple average of each of the sources is calculated, the average of the twelve available values is obtained.
e. The investment cost obtained will be used as the average price to calculate the tariff band.
f. The standard deviation of the set of average unit investment cost values from the values used in the sample is calculated.
(*) g. The number of standard deviations of the set of average unit investment cost values to incorporate into the calculation of the lower limit of the tariff band is calculated, fulfilling the following criterion.
𝑋 = 𝑌 − 1 Subject to the constraint:
Y > 0 Where, X = Number of standard deviations to include in the estimation of the lower limit of the tariff band.
Y = Minimum number of standard deviations in absolute terms that are necessary for the unit investment cost to be 0 or negative. Estimated as the average unit investment cost (subsection e) divided by the value of the standard deviation (subsection f); if the result is not an integer, it is rounded up to the next whole number.
If it is not possible to calculate the value of Y, the variable "X" will take the value of 0.
(*) (Thus added subsection g) above through resolution N° RE-0110-JD-2023 of November 15, 2023) The criteria mentioned above for determining investment cost values will remain in effect as long as the source of information associated with those criteria is not replaced by other, more updated sources that meet adequate requirements of reliability, quality, and possibility of disclosing their data. The adoption of new sources of information for this purpose must be justified through a technical report, which is proposed to be prepared within a period not exceeding five years, counted from the effectiveness of this methodology.
3.5 Definition of the tariff band It is proposed to regulate the energy sale price by private generators to ICE, within the framework of Ley 7200, through a tariff band. This sale price will also serve to regulate those purchases and sales of electric energy from private solar photovoltaic plants with conditions similar to those established by Chapter 1 of Ley 7200, which are legally feasible and must be regulated by ARESEP.
The tariff bands are estimated as follows:
▪ Upper limit: obtained as the average unit investment cost plus one standard deviation.
▪ Lower limit: calculated as the value of the average unit cost of the unit investment minus the amount corresponding to the number of standard deviations (subsection g of section 3.4) multiplied by the standard deviation (subsection f of section 3.4).
(Thus amended the previous paragraph through resolution N° RE-0110-JD-2023 of November 15, 2023) 3.6 Tariff structure In general, the tariff structure is the relative valuation of the energy price across different hourly ranges and seasonal periods. It is expressed as a set of coefficients for each combination of hourly ranges and seasonal periods. These coefficients are multiplied by the average energy price in effect, to obtain the tariff corresponding to each of those combinations.
The purpose of the structure is to ensure that the generator aims to maximize its generation during periods when the value of energy is higher for the Sistema Eléctrico Nacional. However, in solar generation, the solar pattern is similar throughout the country (different zones produce different amounts of energy, but following the same pattern); moreover, it does not allow regulating its production to shift energy between periods, and unavailability due to maintenance is insignificant. In this case, setting a tariff structure has little impact, since the plant's design and operation are not very sensitive to the structure, and it is uncertain whether the benefits of applying the structure outweigh the advantages of having a simpler tariff with a single value.
For the above reasons, a tariff structure is not included for solar photovoltaic generation.
3.7 Currency in which the tariff will be expressed The tariffs resulting from the detailed methodology will be expressed and billed in the currency of United States of America dollars (US$ or $). The conditions under which payments are made will be defined in accordance with what the parties establish contractually, and based on applicable regulations.
3.8 Price adjustment The values of the tariff band shall be reviewed at least once a year, through an ordinary tariff-setting procedure, in accordance with the provisions of Ley 7593. To this end, all parameters defined in the calculation of the tariff band shall be reviewed—and, where applicable, updated—using the procedures described in this report. The procedure shall commence on the first business day of February of each year, meaning the tariff file must be opened on this day.
The variables determined in this methodology through technical reports must be reviewed at least every 5 years through one or more specific studies.
At no time may the prices paid for the purchase of electric energy from private generators for the solar photovoltaic source be greater than the upper limit of the current tariff band, nor less than the lower limit of that band.
3.9 Other considerations To improve this methodology in the future, it is established that new private generators with solar photovoltaic source to which the tariffs established through this tariff methodology are applied have the obligation to annually submit audited financial information to ARESEP (including operating and maintenance expenses, administrative expenses, and individual investment expenses) as well as its due justification. In this way, ARESEP may have better information for adjusting the model to real operating conditions. For these purposes, the company's audited financial statements must be submitted at least annually.
As long as the information detailed in the previous paragraph is not available, or in a manner complementary to this situation, the Regulatory Authority shall calculate the model with the information that is available.
Companies that do not comply with the submission of information as detailed in the previous paragraph will be subject to the sanctions established by articles 24, 38 subsection g, and 41 of the Ley de la Autoridad Reguladora de los Servicios Públicos, Ley 7593.
(...)
VII. ANNEXES (ANEXOS)
Anexo 1. Technical report: "Determinación de la tarifa retributiva para instalaciones FV en Costa Rica", carried out by ECLAREON/ Bundesverband Solarwirtschaft e.V (2014) under contract with the Agencia de Cooperación Alemana (GIZ), within the framework of Programa 4E en Centroamérica PN2009.2262.5-001.00. (Attached in electronic format).
Anexo 2. Report "Energía solar fotovoltaica. Aspectos técnicos y simulación de una tarifa de referencia". Centro Nacional de Planificación Eléctrica, Instituto Costarricense de Electricidad (2013). (Attached in electronic format).
Anexo 3. Mathematical development of the CFC for contracts equal to the useful life of the plant. Taken from the Report "Resultados de la investigación sobre costos, estructura de financiamiento típicos y otros datos de plantas hidroeléctricas y eólicas". Instituto Costarricense de Electricidad (2011). (Attached in electronic format).
(.)" Regarding the aforementioned annexes, they are available to the public on the page of the Autoridad Reguladora de los Servicios Públicos: www.aresep.go.cr, or at its facilities at the Dirección General de Atención al Usuario in file OT-296-2014. For more information, you can call the toll-free line: 8000-ARESEP.
II To take as a response to the opponents who participated in the public hearing held on February 10, 2015, what is indicated in Considerando I of the resolution agreed upon herein, and to thank everyone for their valuable participation in this process.
In compliance with the provisions of Article 245 of the General Public Administration Law (Ley General de la Administración Pública), the present resolution may be challenged through the ordinary motion for reversal or reconsideration (recurso ordinario de reposición o reconsideración), which must be filed within a period of three days counted from the day following notification, and the extraordinary motion for review (recurso extraordinario de revisión), which must be filed within the time limits set forth in Article 354 of the aforementioned law. Both motions must be filed before the Board of Directors of the Public Services Regulatory Authority (Autoridad Reguladora de los Servicios Públicos), which is responsible for resolving them.
It takes effect upon its publication in the Official Gazette La Gaceta.