NATIONAL RED / 7th REDSUBMISSIONS AND HEARINGS

ACCORDING TO EDI HOLDINGS “ EDI Restructuring Industry Modelling Results

dated 20 April 2006 “. THE SOUTHERN CAPE KAROO RED

IS FINANCIALLY AND TECHNICALLY VIABLE.

Tel : 044 – 801 9249Fax : 044 – 874 3936Cell : 072 464 1464E-Mail: grg.elec@pixie.co.za Page 1 of 17

SECRETARIATEURMA WILLIAMS

GEORGE ELECTROTECHNICAL SERVICES

SOUTHERN CAPE KAROO ELECTRICITY FORUM P O BOX 19

GEORGE6530

• SUBMISSION BY SOUTHERN CAPE KAROO ELECTRICITY FORUM SUBMISSION BY SOUTHERN CAPE KAROO ELECTRICITY FORUM REPRESENTING THE FOLLOWING MUNICIPALITIES , DISTRICT REPRESENTING THE FOLLOWING MUNICIPALITIES , DISTRICT MUNICIPALTIES AND TRADE UNIONS:MUNICIPALTIES AND TRADE UNIONS:

• ______________________________________________________• MAYOR: MAYOR: • EDEN DISTRICT MUNICIPALITYEDEN DISTRICT MUNICIPALITY• • ______________________________________________________• MAYOR:MAYOR:• CENTRAL KAROO DISTRICT MUNICIPALITYCENTRAL KAROO DISTRICT MUNICIPALITY

• Municipalities ofMunicipalities of: Hessequa, Kannaland, Laingsburg, Prins : Hessequa, Kannaland, Laingsburg, Prins Albert, Beaufort West, Oudtshoorn, George, Mosselbaai, Knysna, Albert, Beaufort West, Oudtshoorn, George, Mosselbaai, Knysna, BitouBitou

• District Municipalities ofDistrict Municipalities of: Central Karoo (Beaufort West), Eden ( : Central Karoo (Beaufort West), Eden ( George)George)

• Trade UnionsTrade Unions: National Mine Worker’s Union, IMATU, SAMWU: National Mine Worker’s Union, IMATU, SAMWU• South Cape Agricultural UnionSouth Cape Agricultural Union

• LETTER OF INTENT FROM GEORGE MUNICIPALITYLETTER OF INTENT FROM GEORGE MUNICIPALITY• __________________________________________• MAYOR: MAYOR:

SUBMISSION BY SOUTHERN CAPE KAROO ELECTRICITY FORUM REPRESENTING THE FOLLOWING MUNICIPALITIES, DISTRICT

MUNICIPALTIES AND TRADE UNIONS:CONTENTS

PAGE 1. CABINET DECISION 14 SEPTEMBER 2005.

4

2. SOUTH CAPE KAROO ELECTRICITY DISTRIBUTOR(PTY) (LTD). 7

A: BULLETIN TO AMEU MEMBERS: LATEST ON THE EDI RESTRUCTURING. B: LEGAL OPINION. C: COMMENT ON THE PWC RED VIABILITY ANALYSIS. D: BUSINESS PLAN OF THE SCKRED PTY(LTD). E: SHAREHOLDERS AGREEMENT OF THE SCKRED PTY (LTD). F: USAID SUPPORTED RINGFENCING STUDY. (SEPARATE BACKGROUND DOCUMENT 1992 – 2001).

3. EDI RESTRUCTURINGINDUSTRY MODELLING RESULTS : 20 APRIL 2006

14

4. CONCLUSION. 15

5. AREA OF SUPPLY 17

6. MINUTES OF FORUM MEETING 18

7. COUNCIL RESOLUTIONS 19

CABINET DECISION : 14 SEPTEMBER 2005

The following communiqué was released by Government Communications (GCIS) after yesterday’s (i.e. Wednesday, 14 September 2005) cabinet meeting:

“Cabinet was briefed on a plan to accelerate the implementation of Regional Electricity Distributors (Reds), including the introduction of a Bill on Electricity Distribution Industry Restructuring.

In this regard, it was agreed that six metro REDS needed to be set up as soon as possible after the local government elections, and that other areas would be covered under separate local REDS or a National RED. Eskom would continue to play a critical role particularly in the National RED”

The above communiqué also appeared as part of an article in today’s (i.e. Thursday, 15 September 2005) “BUSINESS DAY” newspaper (main section, page 3).

1.1 The Revised Approach (Extracted from SALGA Report dated 22 March 2006)

The revised approach calls for the establishment of the Metro Reds after the March 2006 Local Government Elections. The four ministers, DPLG, NT, DME and DPE were mandated by cabinet to decide on the boundaries for the National RED/s based on the outcomes of a process (modeling) to determine the viability and sustainability of the RED/s. SALGA has been part of this process at a technical level and is concerned about the impact of the revised approach to municipalities particularly if the proposal for one National RED led by Eskom in addition to the Six Metro Reds is adopted. Given this concern, SALGA calls for the respect and recognition of the following key principles that were agreed upon to guide the Electricity Industry Restructuring process;

Restructuring must be conducted in accordance with the Constitution, taking into account that the responsibility of electricity reticulation is a municipal function;

The Financial state of municipalities currently performing the electricity function must not be adversely affected;

Any RED end-state model must meet the restructuring objectives set out in the EDI Blueprint that was approved by Cabinet before.

The original Reds boundaries were designed in such a way that they enabled the incorporation of Eskom Distribution into the six Reds. The proposal for Eskom to be the anchor in the National RED is in conflict with the cabinet decision of phasing Eskom out of distribution as it now suggests that municipalities outside the Metro Reds will be incorporated into Eskom.

SALGA recognises the fact that most of the 187 municipalities that are licensed to distribute electricity are operating at a loss and will benefit if incorporated into a National RED.

However we are concerned about the impact of the National RED to category B municipalities such as, Umhlathuze, Buffalo City, Mangaung, etc, as they are currently operating viable and sustainable distribution. The revised approach should allow viable category B municipalities to form Reds and together with the Metro Reds incorporate neighbouring municipalities with the balance going to the National RED.

The original Six Reds model should be kept as a default, given the amount of communication that went into it and the low number of Reds.

1.2 Recommendations (Extracted from SALGA Report dated 22 March 2006):

The modelling results be presented to the ministerial committee in full considering the viability and sustainability of all the five scenarios that were modelled.

The emphasis and preference of six metro reds and one national red scenario by some stakeholders be discouraged as it is not based on

the outcomes of the modelling exercise.

The modelling results to be considered by the ministerial committee should be that of the modelling done by EDI Holdings as mandated

by cabinet and not that of Eskom.

Note the category B municipalities discomfort with joining the National RED, and preference for a cluster RED with adjacent municipalities.

Eskom distribution assets to be transferred to the Reds should include key customers as per the original six wall to wall Reds model and EDIR blue print.

The ends state and or the restructured electricity distribution industry should have the Reds as the only distributor to all customers, domestic, industrial, key customers, etc.

Uphold, respect and recognize the following key principles that were agreed upon to guide the Electricity Industry Restructuring process;

Restructuring must be conducted in accordance with the Constitution, taking into account that the responsibility of electricity reticulation is a municipal function;

The Financial state of municipalities currently performing the electricity function must not be adversely affected;

Any RED end-state model must meet the restructuring objectives set out in the EDI Blueprint that was approved by Cabinet earlier.

Metro Reds be implemented on the basis of lessons learned from the RED One experience, looking at what worked and what did not work

The issue of Assets transfer is critical and should get more attention at local level possible, guided by principles agreed upon at the National level between DPE/Eskom and organised local government

Note the concern about tax implication from asset transfer to a municipal entity and call for detailed investigation on this matter by NT and tax exemption where possible

Key customers be transferred as part of overall Eskom distribution assets transfer to the Reds

SOUTH CAPE KAROO ELECTRICITY DISTRIBUTOR (PTY) (LTD).

2.1 Background (See Document SCKED PTY (LTD)National Government is busy with a process of restructuring the

Electricity Distribution Industry (EDI). Local Government agrees that the EDI needs to be restructured because of various factors as have been identified through the national process. The proposals that have been put forward by Price Waterhouse Coopers (PWC) will have serious impacts on Local Government (LG) if implemented. EDI Holdings have after the cabinet decision of 14 September 2005 embarked on a modelling exercise which resulted in the comparison of the 6th RED model versus the 7th RED model. The final proposal from EDI Holdings is that the 6th RED model is financial more viable than the 7th Red model.

EDI HOLDINGS FOUND THAT THE SCKRED MODEL IS VIABLE IF MEASURED AGAINST THEIR CRITERIA.

The South Cape Karoo Electricity Forum has also been busy with restructuring investigations since 1992. The proposals made by

the Forum are very different to that proposed nationally. The objective of this discussion is to highlight the differences between the two approaches and estimate the financial impact of the two options.

2.2 DISCUSSION

SOUTH CAPE KAROO ELECTRICITY DISTRIBUTOR (PTY) (LTD).

• 2.22.2 DISCUSSIONDISCUSSION

• 2.32.3 QUALITATIVE DESCRIPTIONQUALITATIVE DESCRIPTION

• 2.42.4 FINANCIAL IMPLICATIONSFINANCIAL IMPLICATIONS

• 2.52.5 RECURRING COST IMPACTSRECURRING COST IMPACTS

• 2.62.6 PWC ANALYSIS ON PRICESPWC ANALYSIS ON PRICES

• 2.72.7 FINANCIAL IMPACTFINANCIAL IMPACT

• 2.82.8 CONCLUSIONCONCLUSION

3. EDI Restructuring Industry Modelling Results:20 April 2006

3.1 Differences between EDI Holdings, PWC Report and the SCKRED (PTY) LTD

The SCKRED Model is a bottom’s up approach that take into account the differences between small and big municipalities and the effect that the Electricity Business have on the Total Financial ability of all the Municipalities in the DC4 and DC5.

PWC Report was a high level report into the Electricity Distribution Sector trying to satisfy all the Big Role-players like Eskom and the Metro Municipalities. It was a top down approach, trying to implement an overseas scenario into South Africa that was not implimentable.

EDI Holdings Report tried to marry the Top Down and Bottoms Up approach by engaging with Small, Medium and Metro Municipalities. Eskom was however not interested in providing their information. Their Model is user friendly and can be used to model the industry effectively. However, any model is subject to assumptions. For the Electricity Distribution Industry it is critical to know what the price of electricity is, and this is still the bone of content. Do the RED buy it at the Transmission price or the Distribution price and who owns the distribution network from the MTS – Substation downwards? Eskom alleged they do – The EDI Holding Modellers alleged the Red’s do.

3.2 RED Description – Scenario 4Six Metro Red’s with the adjacent Municipalities

linked to the Metro (Bordering Municipalities), Sub Regional Clusters (e.g. Southern Karoo) plus balance in National RED.

This is the Simply the Best Model for South Africa and should be implemented.

All the other Scenario’s are trying to hide inefficiencies in the 6 RED Model or the 7 RED Model.

Be Bold and tackle the PROBLEMS – DO NOT HIDE THEM

4 CONCLUSION

THE SOUTHERN CAPE KAROO MUNICIPALITIES HAVE CONCLUDED THAT THE ELECTRICAL DISTRIBUTION WITHIN THEIR AREA

OF SUPPLY IS FINANCIALLY VIABLE AND THE ELECTRICITY NETWORK IS IN A GOOD TECHNICAL WORKING ORDER.

ESKOM HAS ONLY A 15 % SHARE OF THE ELECTRICITY BUSINESS (EXCLUDING PETROSA AS A KEY CUSTOMER).

THE SOUTHERN CAPE KAROO IS A NODAL POINT FOR ELECTRICITY GENERATION AS FAR AS GAS AND RENEWABLE ENERGY

RESOURCES, SUCH AS WIND AND WAVE POWER ARE CONCERNED.

THE SOUTHERN CAPE KAROO WILL BECOME A METRO WITH HARTENBOS AS

THE CENTRE WITHIN THE FORESEEABLE FUTURE.

LOCAL GOVERNMENT WILL HAVE TO APPOINT ADDITIONAL SKILLED

PERSONNEL TO TAKE OVER MAINTENANCE OF PUMPING STATIONS, STREETLIGHTING AND THE MECHANICAL WORKSHOPS WHICH

WILL RESULT IN FURTHER ADDITIONAL EXPENDITURE FOR LOCAL

GOVERNMENT.

THE SOUTHERN CAPE KAROO WILL ALSO INCORPORATE THE POORER OR NON VIABLE RURAL AREAS WHICH AT THIS STAGE IS GETTING A POOR SERVICE FROM ESKOM.

THE INTEREST OF THE MUNICIPALITIES AND THEIR CUSTOMERS WILL BEST BE SERVED IN THE SOUTHERN CAPE KAROO RED MODEL OR IN SCENARIO 4 OF THE EDI HOLDINGS MODEL.

THE SCKRED MUNICIPALITIES CANNOT IDENTIFY ANY ADVANTAGE IN MOVING THEIR ELECTRICITY BUSINESS TO EITHER A 7TH RED OR A 6TH RED.

THE SCKRED MUNICIPALITIES CAN IDENTIFY A NUMBER OF THREATS TO THE WELBEING OF THEIR ELECTRICITY BUSINESS AND THEIR CUSTOMERS REGARDING A 7th RED OR A 6TH RED.

THE SOUTHERN CAPE KAROO MUNICIPALITIES BELIEVE THAT THEIR BUSINESS IS BASED ON SOUND BUSINESS AND FINANCIAL PRINCIPLES AND

-WE ARE SIMPLY THE BEST-

5.5. AREA OF SUPPLYAREA OF SUPPLY

MAP : DC4 & DC5MAP : DC4 & DC5MAP : DC4 & DC5

Beaufort -West Murraysburg

Prins AlbertLaingsburg

Kannaland Oudtshoorn Uniondale

PlettenbergBay

KnysnaGeorge

MosselBay

Langeberg

DC 5

DC 4132 kV

400 kV

50 MWWIND PARK

50 MWPOWER BARGE

50 MWPELAMIS

50 MWPELAMIS

50 MWPELAMIS

25 MWPELAMIS25 MW

PELAMIS

6. MINUTES OF FORUM 6. MINUTES OF FORUM MEETINGMEETING

7.7. COUNCIL RESOLUTIONSCOUNCIL RESOLUTIONS