Finance Minister’s claim that govt has restructured $1bn IPPs’ arrears is questionable – CEO of Chamber of Independent Power Producers


Finance
Minister

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Chief
Executive
Officer
of
the
Chamber
of
Independent
Power
Producers,
Dr
Elikplim
Kwabla
Apetorgbor,
has
said
that
the
pronouncement
by
Finance
Minister
Dr
Mohammed
Amin
Adam
that
the
government
has
restructured
the
Independent
Power
Producers
(IPPs)
One
Billion
Dollars
arrears,
is
questionable.

He
says
that
the
minister’s
comment
oversimplifies
the
underlying
financial
obligations.

The
Finance
Minister
had
revealed
that
an
amount
of
$
400
million
has
been
paid
to
five
IPPs
as
part
of
the
debt
settlement.

The
payment
formed
part
of
the
implementation
of
the
agreement
that
the
government
has
reached
an
agreement
with
five
out
of
the
seven
independent
IPPs
over
debt
settlement.

Speaking
during
a
joint
Ministry
of
Finance,
Bank
of
Ghana,
and
International
Monetary
Fund
(IMF)
press
conference
on
the
disbursement
of
the
$360
million
third
tranche,
in
Accra
on
Monday,
July
1,
Dr
Amin
Adam
stated
that
the
threats
that
the
IPPs
issued
to
shut
down
their  plant will
not
happen
because
of
the
agreement.

He
said
“we
have
reached
an
agreement
with
Aksa
Energy,
Amandi
Energy,
Cenit
Energy,
Cenpower
Generations
and
Early
Power.”

“We
have
seven
IPPs
and
we
have
reached
an
agreement
with
five,
which
is
very
positive
for
our
country.


Govt
has
reached
agreement
with
5
Independent
Power
Producers

Finance
Minister

“It
tells
us
that
the
threats
of
shutting
down
power  plants
will
be
a
thing
of
the
past
because
we
are
committed
to
implementing
the
terms
of
this
agreement.
we
already
have
started
performing
on
our
side
and
to
date
government
has
paid
in
excess
of
400
million
dollars
to
all
IPPs
as
part
of
our
performance
of
the
agreement
that
we
just
reached.”

He
further
stated
that
“as
part
of
the
implementation
of
the
Energy
Sector
Recovery
Programme
(ESRP),
Government
has,
for
some
time
now,
been
negotiating
with
the
energy
sector
Independent
Power
Producers
(IPPs)
to
restructure
legacy
debt
of
over
a
US$1
illion
owed
to
the
IPPs
and
Power
Purchase
Agreements
(PPAs)
to
address
the
accumulation
of
arrears
in
the
energy
sector
and
work
towards
implementing
critically
needed
reforms
to
make
the
sector
more
financially
sustainable.

“A
Government
Negotiating
Team
(GNT)
was
mandated
to
restructure
legacy
debt
owed
to
the
IPPs,
namely
AKSA,
Amandi,
CENIT,
Cenpower,
Karpowership,
Early
Power
and
Sunon
Asogli.
In
addition,
the
GNT
was
tasked
to
finalize
any
outstanding
matters
pertaining
to
the
restructuring
of
the
respective
PPAs
of
the
IPPs
with
the
Electricity
Company
of
Ghana
(ECG).
 The
key
objective
of
the
exercise
was
centred
on
the
restructuring
of
legacy
debt,
necessary
amendments
to
the
PPAs
and
other
project
documents
arising
from
the
restructuring
exercise,
as
well
as
ensuring
that
ECG
remains
current
on
its
payment
obligations
to
IPPs
under
the
respective
PPAs
going
forward.

“The
final
round
of
negotiations
in
June
2024
after
several
months
of
negotiations
resulted
in
the
following:
i.
commercial
agreements
have
been
reached
on
headline
debt
restructuring
terms
and
renegotiated
PPA
terms
with
Amandi,
Cenpower,
Early
Power,
CENIT
and
AKSA.
ii.
The
amended
Amandi,
Cenpower
and
Early
Power
documentation
will
require
Parliamentary
approval,
and
the
GNT
is
pursuing
an
aggressive
timeline
aimed
at
securing
various
regulatory,
Ministerial
and
other
approvals
prior
to
presentation
of
the
amended
documentation
to
Parliament
for
approval
before
Parliament
rises
at
the
end
of
July
2024;
iii.
Work
on
closing
out
and
execution
of
the
Sunon
Asogli
restructuring
package/documentation
is
also
in
progress;
iv.
ECG
and
GNPC
have
agreed
all
commercial
terms
under
master
gas
supply
arrangements
(with
final
technical
details
being
considered)
under
which
GNPC
will
sell
to
ECG
fuel
in
bulk
for
onward
supply
to
the
IPPs,
as
part
of
the
conversion
to
a
tolling
arrangement.
The
master
gas
supply
arrangements
between
ECG
and
GNPC
are
central
to
the
restructuring
exercise;
and
v.
The
GNT
is
further
engaging
Karpowership
to
close
out
the
Karpowership
restructuring
as
soon
as
possible.”

But
in
a
statement,
Dr
Elikplim
Kwabla
Apetorgbor,
said
that
“indeed,
the
debt
owed
the
Independent
Power
Producers
is
in
excess
of
US$2
billion,
until
a
meaningful
and
win-win
deal
is
reached
and
sealed.

“The
Finance
Minister’s
assertion
that
he
has
reconciled
or
restructured’

the
IPPs’
arrears
to
US$1
billion
is
questionable
and
oversimplifies
the
underlying
financial
obligations.
Given
the
multifaceted
nature
of
financial
liabilities
under
PPAs,
a
mere
aggregation
of
the
monthly
invoices
does
not
capture
the
full
extent
of
ECG’s
commitments.
Let’s
take
propaganda
out
of
this
sensitive
case
and
act
ethically.
To
provide
a
more
accurate
and
reliable
picture,
the
finance
minister
should
offer
a
detailed
breakdown
of
the
‘so-called’
US$1
billion
figure,
including
all
PPA-related
claims,
as
I
have
pointed
out
above.
It
is
worrying
to
learn
that
these
are
figures
audit
firms
of
high
reputation
have
certified”

He
further
explained
that
to
achieve
greater
accountability
and
transparency
in
the
power
sector,
the
finance
minister
must
present
a
realistic
picture,
no
matter
the
frightening
outlook,
and
make
full
disclosure
of
the
financial
situation.

“This
involves
providing
a
detailed
reconciliation
that
includes:

A
Breakdown
of
All
Components
Contributing
to
the
Arrears:

This
should
include
interest
charges
on
delayed
payments,
idle
capacity
charges,
exchange
rate
losses,
and
any
additional
claims
under
the
PPAs;

An
Explanation
of
How
Changes
in
Law
and
Fuel
Price
Variations
Have
Been
Accounted
For:

This
will
ensure
that
all
financial
obligations
are
transparently
reported;
and

Clarification
of
the
Methodology
Used
to
Arrive
at
the
USD
1
Billion
Figure:

This
will
help
ensure
that
all
financial
obligations
under
the
PPAs
are
accurately
reflected.

“To
ensure
that
any
debt
restructuring
proposal
is
credible,
acceptable
and
not
rip-off
any
serious
investor
of
their
benefits,
it
is
essential
to
conduct
a
careful
scenario
and
sensitivity
analyses
on
the
options
proposed.
This
ensures
a
win-win
situation
for
all
stakeholders
involved.
The
use
of
the
high
office
of
a
finance
minister
for
political
propaganda
undermines
the
credibility
of
financial
management
in
the
sector.
As
stewards
of
investors’
interest,
we
implement
comprehensive
accounting
practices.
This
goes
beyond
simplistic
revenue
recognition
models
and
requires
meticulous
consideration
of
all
contractual
obligations
stipulated
in
the
PPAs.

“Proper
accounting
for
power
in
Ghana’s
energy
sector
extends
far
beyond
the
monthly
invoices
received
and
paid
by
ECG.
The
Finance
Minister’s
claims
regarding
the
reconciliation
of
IPPs
arrears
need
to
be
substantiated
with
a
detailed
breakdown
that
reflects
the
true
financial
liabilities
arising
from
PPAs.
As
stewards
of
shareholder
interests,
it
is
imperative
to
account
for
every
amount
and
provide
full
transparency.
The
complexities
inherent
in
PPA-driven
financial
obligations
demand
a
comprehensive
approach
to
accounting,
one
that
goes
beyond
simplistic
revenue
recognition
models.
Only
through
such
rigorous
and
ethical
accounting
practices
can
we
hope
to
achieve
financial
clarity
and
stability
in
Ghana’s
power
sector.”

Below
is
his
full
statement…

In
a
recent
press
conference
at
the
Ministry
of
Finance,
the
Finance
Minister,
Hon.
Amin
Adams,
suggested
that
revenue
recognition
and
arrears
owed
to
Independent
Power
Producers
(IPPs)
under
Power
Purchase
Agreements
(PPAs)
are
realized
solely
through
the
monthly
invoices
received
and
paid
by
the
Electricity
Company
of
Ghana
(ECG).

This
assertion
oversimplifies
the
complexities
of
accounting
in
the
power
sector,
especially
with
the
involvement
of
IPPs.
Proper
accounting
for
power,
particularly
in
the
context
of
Power
Purchase
Agreements,
is
governed
by
every
clause
within
these
agreements.
As
stewards
of
shareholder
interests,
it
is
crucial
to
comprehensively
account
for
every
financial
obligation.
This
publication
critiques
the
Finance
Minister’s
claims,
highlights
the
intricacies
of
PPA-related
financial
liabilities,
calls
for
prudence
and
full
disclosure
to
provide
a
transparent
picture
of
the
sector’s
financial
state.

The
Multifaceted
Nature
of
Power
Purchase
Agreement-Driven
Financial
Liabilities

Power
Purchase
Agreements
are
intricate
legal
and
a
risk
sharing
documents
outlining
the
terms
and
conditions
under
which
power
is
produced
and
sold
to
utilities
like
the
Electricity
Company
of
Ghana.
These
agreements
are
under
pass-through
cost
mechanism
which
encompass
various
financial
obligations
beyond
the
monthly
invoices
for
electricity
supplied
by
the
Independent
Power
Generators.
Key
clauses
in
the
PPAs
that
result
in
financial
liabilities
include:


  • Changes
    in
    Law:

    PPAs
    often
    contain
    provisions
    allowing
    IPPs
    to
    pass
    on
    increased
    costs
    due
    to
    changes
    in
    law,
    such
    as
    new
    taxes
    or
    levies

    Growth
    and
    Sustainability
    Levy,
    Emissions
    Levy,
    Energy
    Commission’s
    Variable
    Charge,
    etcetera.
    These
    additional
    costs
    form
    part
    of
    the
    increased
    costs
    clearly
    defined
    in
    the
    PPAs
    and
    must
    be
    passed-on
    through
    the
    tariff
    to
    ECG,
    impacting
    the
    overall
    financial
    obligation.
    The
    Ministry
    of
    Finance
    managers
    falls
    short
    of
    these
    industry
    basics;

  • Fuel
    Price
    Variations:

    The
    cost
    of
    fuel
    significantly
    influences
    financial
    liabilities
    under
    a
    PPA.
    Escalations
    in
    fuel
    prices
    increase
    operational
    costs
    for
    IPPs,
    which
    are
    subsequently
    reflected
    in
    the
    energy
    charge
    of
    invoices
    sent
    to
    ECG.
    As
    experts
    in
    our
    business,
    we
    recognize
    the
    impact
    on
    the
    tariff
    and
    pass
    it
    on;

  • Idle
    Capacity
    Charges:

    Under-utilization
    of
    contracted
    capacity
    leads
    to
    idle
    capacity
    charges.
    When
    ECG
    does
    not
    fully
    utilize
    the
    power
    capacity
    contracted
    under
    the
    PPA,
    it
    must
    still
    make
    payment
    for
    the
    idle
    capacity,
    resulting
    in
    additional
    legitimate
    financial
    liabilities;

  • Interest
    on
    Delayed
    Payments:

    Delays
    in
    honoring
    monthly
    invoices
    attract
    interest
    charges.
    The
    cumulative
    effect
    of
    these
    interest
    charges
    substantially
    increases
    the
    arrears
    owed
    to
    IPPs;

  • Exchange
    Rate
    Losses:

    Many
    PPAs
    are
    denominated
    in
    foreign
    currencies,
    introducing
    exchange
    rate
    risks.
    Adverse
    currency
    movements
    can
    lead
    to
    exchange
    rate
    losses,
    often
    passed
    on
    to
    ECG;
    and

  • Loan
    Interest
    Surcharges
    and
    Other
    Claims:

    IPPs
    may
    incur
    loan
    interest
    surcharges
    and
    other
    financial
    claims
    covered
    under
    the
    PPA.
    There
    were
    instances
    where
    IPPs
    contracted
    loan
    to
    be
    able
    to
    service
    debts
    that
    were
    due
    for
    payment,
    as
    a
    result
    of
    payment
    default
    by
    ECG.
    These
    additional
    costs
    further
    complicate
    the
    financial
    landscape
    of
    the
    power
    sector
    accounting.

A
Critical
Examination
of
the
Finance
Minister’s
Claims

Indeed,
the
debt
owed
the
Independent
Power
Producers
is
in
excess
of
US$2
billion,
until
a
meaningful
and
win-win
deal
is
reached
and
sealed.

The
Finance
Minister’s
assertion
that
he
has

“reconciled
or
restructured”

the
IPPs’
arrears
to
US$1
billion
is
questionable
and
oversimplifies
the
underlying
financial
obligations.
Given
the
multifaceted
nature
of
financial
liabilities
under
PPAs,
a
mere
aggregation
of
the
monthly
invoices
does
not
capture
the
full
extent
of
ECG’s
commitments.
Let’s
take
propaganda
out
of
this
sensitive
case
and
act
ethically.
To
provide
a
more
accurate
and
reliable
picture,
the
finance
minister
should
offer
a
detailed
breakdown
of
the
“so-called”
US$1
billion
figure,
including
all
PPA-related
claims,
as
I
have
pointed
out
above.
It
is
worrying
to
learn
that
these
are
figures
audit
firms
of
high
reputation
have
certified.

Importance
of
Full
Disclosure

To
achieve
greater
accountability
and
transparency
in
the
power
sector,
the
finance
minister
must
present
a
realistic
picture,
no
matter
the
frightening
outlook,
and
make
full
disclosure
of
the
financial
situation.
This
involves
providing
a
detailed
reconciliation
that
includes:


  • A
    Breakdown
    of
    All
    Components
    Contributing
    to
    the
    Arrears:

    This
    should
    include
    interest
    charges
    on
    delayed
    payments,
    idle
    capacity
    charges,
    exchange
    rate
    losses,
    and
    any
    additional
    claims
    under
    the
    PPAs;

  • An
    Explanation
    of
    How
    Changes
    in
    Law
    and
    Fuel
    Price
    Variations
    Have
    Been
    Accounted
    For:

    This
    will
    ensure
    that
    all
    financial
    obligations
    are
    transparently
    reported;
    and

  • Clarification
    of
    the
    Methodology
    Used
    to
    Arrive
    at
    the
    USD
    1
    Billion
    Figure:

    This
    will
    help
    ensure
    that
    all
    financial
    obligations
    under
    the
    PPAs
    are
    accurately
    reflected.

Challenges
and
Recommendations

To
ensure
that
any
debt
restructuring
proposal
is
credible,
acceptable
and
not
rip-off
any
serious
investor
of
their
benefits,
it
is
essential
to
conduct
a
careful
scenario
and
sensitivity
analyses
on
the
options
proposed.
This
ensures
a
win-win
situation
for
all
stakeholders
involved.
The
use
of
the
high
office
of
a
finance
minister
for
political
propaganda
undermines
the
credibility
of
financial
management
in
the
sector.

As
stewards
of
investors’
interest,
we
implement
comprehensive
accounting
practices.
This
goes
beyond
simplistic
revenue
recognition
models
and
requires
meticulous
consideration
of
all
contractual
obligations
stipulated
in
the
PPAs.

Proper
accounting
for
power
in
Ghana’s
energy
sector
extends
far
beyond
the
monthly
invoices
received
and
paid
by
ECG.
The
Finance
Minister’s
claims
regarding
the
reconciliation
of
IPPs
arrears
need
to
be
substantiated
with
a
detailed
breakdown
that
reflects
the
true
financial
liabilities
arising
from
PPAs.
As
stewards
of
shareholder
interests,
it
is
imperative
to
account
for
every
amount
and
provide
full
transparency.
The
complexities
inherent
in
PPA-driven
financial
obligations
demand
a
comprehensive
approach
to
accounting,
one
that
goes
beyond
simplistic
revenue
recognition
models.
Only
through
such
rigorous
and
ethical
accounting
practices
can
we
hope
to
achieve
financial
clarity
and
stability
in
Ghana’s
power
sector.

Dr.
Elikplim
Kwabla
Apetorgbor

(Power
Systems
Economist
&
CEO,
IPPG)

July
10,
2024