quality of regulation in brazil: electricity and oil & gas sectors

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Eduardo Machado Technological Research Institute New Dehli, March 27 th 2010 Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

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Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors. Eduardo Machado Technological Research Institute New Dehli , March 27 th 2010. 1. Brazilian regulation in historical perspective. From the entrepreneurial state to the regulatory state. 1980-90. 1930. 1996. 2005. - PowerPoint PPT Presentation

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Page 1: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

Eduardo MachadoTechnological Research Institute

New Dehli, March 27th 2010

Quality of Regulation in Brazil: Electricity and Oil &

Gas Sectors

Page 2: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

1. Brazilian regulation in historical perspective

Page 3: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

3

From the entrepreneurial state to the regulatory state

Entrepreneurial state

Transition to an open economy Regulatory

State

19301930 1980-901980-90 19961996 20052005

Page 4: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

4

Regulatory agencies were established after the second half of the nineties…

19961996 19971997 19991999 20002000

ANEEL (Electricity) ANATEL

(Telecom)

ANP(Petroleum and

Natural Gas)

20022002

ANVISA(Sanitary Control) ANS

(Health Plans)

ANA(Water Resources)

ANTT(Ground

Transports)

ANTAQ(Water

Transports)

Page 5: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

5

Brazil had the wrong sequence in some sectors…

Sector PrivatizationRegulatory

agency

Electricity 1995 1996

Telecommunications 1997 1997

Railways 1998 2002

Ports 1999 2002

Page 6: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

2. Regulatory framework in selected sectors

Page 7: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

Agencies respond to different types of market failure...

  Property Information Asymmetry Externalities Natural 

MonopoliesAnticompetitive 

Practices

Sector  

Oil & Gas X XX XXX XXX

Electricity XX XX XXX X

Page 8: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

Three groups of regulated infra-structure markets

• Regulatory framework exists, there are policy issues: telecommunications, electricity and civil aviation.

• Regulatory framework exists but it is inadequate: petroleum, railways, roads and ports

• No regulatory framework: natural gas, water and sanitation

Page 9: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

9

State intervention and legal uncertainty in selected sectors…

XXXXXXXXXXXXNatural Gas

XXXXXXXXXXXPetroleum

XX-XXXXXElectricity

CommercializationDistributionTransmissionProcessingTransport

Generation

Level of Legal

Uncertainty

Degree of State Intervention

Sector

Page 10: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

Regulatory Change in Petroleum Industry

Page 11: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

Electricity Sector Pre and Post Reform

Page 12: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

3. Regulation Quality: Results

Page 13: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

Diffferents studies show that...

0,0

0,1

0,2

0,3

0,4

2000 2001 2002 2003 2004 2005 2006 2007 2008

ELECTRICITY PETROLEUM

Source: Author sSource: Author s

SECTORIAL PERFORMANCE INDEX

Page 14: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

...reforms do not improve...

Source: Kauffaman & Kraay (2009)  Source: Kauffaman & Kraay (2009)  

World Governance Indicators

Page 15: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

...quality of regulation!

AGENCY AUTONOMYDECISION MAKING

DECISION TOOLS

ACCOUNTABILITY RGI RANK

ANP 0,6043 0,6841 0,7608 0,5962 0,6752 3

ANEEL 0,6896 0,8976 0,5160 0,5885 0,6980 2

Regulatory Governance IndexRegulatory Governance Index

Source: Correa et al. (2006)

Page 16: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

4. Conclusion

Page 17: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

17

Electricity has been a failure…

• Supply crisis in 2001 and 2009

• Recent model does not provide stability

• Centralizes decisions in the Executive Power

• More investments are required to avoid a possible

supply crisis

Page 18: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

18

Petrobrás” does not allow enough competition and entry…

• State-owned company controls over 90% of the

exploration, transportation and distribution segments

• Petrobrás’ price policy is not transparent

• Lack of access to transportation and distribution networks

hinders new entry and investment

Page 19: Quality of Regulation in Brazil: Electricity and Oil & Gas Sectors

19

The natural gas sector lacks a specific regulatory framework…

• Recent discovery increased the importance of

natural gas

• Need for a specific regulatory framework:

– Need for clear rules for access to transportation and

distribution networks

– Federal and subnational governments have to coordinate