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February 2000

Turkey - When energy lacks the willpower


In theory Turkey should be a paradise for engineers, construction companies and banks involved in the electricity sector. Consumption is far outstripping supply and in theory state monopolies are being opened up to privatization and foreign investment. In practice these developments are entangled in the bureaucratic, constitutional and financing red tape that afflicts almost all enterprise in Turkey. Then there's the tangled geopolitics of gas supply from neighbours. Metin Munir reports




   
In terms of forecast investment, Turkey is the fourth-largest electricity market in the world behind China, India and Brazil. Between 1970 and 1997 primary energy production nearly doubled but consumption quadrupled. According to Citibank the government plans to add 40,000MW of capacity by 2010, of which at least 25% will be generated in gas-powered plants.

Traditionally, energy investments in Turkey, like all infrastructure projects, have been a state monopoly. Since 1984 the country has been in the throes of opening up infrastructure investments to foreign and domestic private investors. "The implementation of this has been subject to bureaucratic impediment and continuing legal challenge," says David Tonge, chairman of Istanbul-based research house IBS and an expert on the Turkish power sector. "But step by step, private-sector power generation has become a reality." The share of the private sector, which provides around 13% of power generation, is due to increase. Operating rights to over half of existing capacity are in the process of being transferred to the private sector and a large number of new plants are in various states of development.

The plan, in general terms, is to privatize power generation and distribution and to encourage foreign investment. But these efforts have been stymied by the lack of a relevant legal framework and repeated failures to provide one. Making a private infrastructure investment in the Turkish energy sector is like having a picnic in a minefield.

"The obstacle in front of energy investments is neither economic nor financial or technical," states a report by Tusiad, Turkey's prestigious association of industrialists and businessmen. "The obstacle is legal and bureaucratic. We live in a time of paradox when the state cannot make the necessary investments in the energy sector and cannot or will not allow domestic and foreign capital to make it either."

The bureaucracy is dominated by state-minded, nationalistic and xenophobic officials. "One most important reason why there has not been sufficient progress in energy privatization is the centralist and state-minded structure of the Ministry of Energy and the state agencies related to it," as Tusiad puts it bluntly. The same attitudes prevail in the judiciary.

But with power cuts becoming a serious threat, sweeter winds have started to blow. American persuasion has also played a role. Washington has told Ankara that if Turkey wants US support to become the terminal of planned pipelines from central Asia it will have to open up its energy market. "US companies have a great appetite for Turkish energy investments and there are many waiting outside the door," says a Citibank official.

A continuing controversy is the plan to build a 1200MW nuclear power station at Akkuyu on the Mediterranean coast. The US would clearly like Westinghouse to win the contract, and there were reports in January that it was close to signing. But the project has been dogged by environmental and health concerns as well as the basic question whether it makes economic sense.

There are varying estimates of how big the need for electricity is in Turkey and how much money is required to finance extra capacity. The Turkish Electricity Generation Transmission Company (Teas) claims that Turkey needs to spend more than $5.5 billion a year on power and that investment required by the end of 2020 is $127.8 billion. Government programmes include investments in electricity generation and transmission and for transcontinental gas and oil pipelines bringing energy from sources including Russia, Turkmenistan and Azerbaijan.

However, the World Bank, which has been helping the government to open the power system to private participation and convert it from a primarily public to a mixed system, believes that demand could be satisfied with substantially less investment.

"Investment required to allow Turkey's power system to keep up with demand is some $2 billion a year," says a World Bank expert. "So it's clear that the government alone cannot meet the sector's expansion needs." According to Enerjisa, the Sabanci Group's electricity company, annual growth in demand is expected to be 8% to 10%. IBS forecasts electricity demand will increase by 9.5% a year to 2010 and then by 6.8% a year to 2020.

Glacial response to growth

Whatever estimate is used, Turkey is Europe's fastest-growing energy market. Per capita electricity consumption at 1,500 kWh is 56% of the world average and 17% of that of advanced G7 countries. So Turkey has attracted many of the world's largest construction and supply companies and banks. But the feverish activity has not been matched by results. Things are moving at a glacial speed because the political, economic and legal environment is not up to the requirements of the situation. Ten years had to elapse before all elements could be brought together for the construction of the Bircecik dam in south-eastern Turkey, for example.

International investors have been put off by political instability and macroeconomic turmoil, the deficient legal environment and financing problems relating to Turkey's low sovereign rating. Not least there is a nightmarish bureaucratic maze to muddle through. Bureaucrats want to slow down privatization to prevent the loss of jobs and influence.

"The fact of the matter is that the bureaucrats don't see why the state monopoly should be broken," says an Ankara-based consultant who was once a senior bureaucrat. "Their attitude is: 'we can do this as well as them, so what's the idea?'" The country's judges, who have to vet energy contracts, also have a hostile attitude to private participation.

All this has frustrated prospective investors. "The market is sick of hearing about future Turkish projects, about contracts being thrown out by Danistay [the administrative high court of appeal], problems with international arbitration, and many other problems I could count," says IBS's Tonge. He believes financing is the least of Turkey's problems "as long as the projects are brought to market in an orderly fashion and not all at once".

There is no central energy authority and energy planning is far from seamless. A dozen public-sector and private-sector agencies, each reporting to different authorities, are involved. There is a wide range of laws and regulations matched in scope by loopholes and pitfalls.

"The only way out is for the state to get out - to liberalize the sector and let the private sector do it all," says Tufan Darbaz, the Sabanci Group's executive vice-president for strategy and business development.

Problems notwithstanding, huge profits are to be made in the energy sector and in infrastructure investments in general. "In my energy company, Altek, the profit is higher than the turnover," says Ishak Alaton, a leading Turkish businessmen. "You may think that this is impossible, because by definition profit is a ratio of turnover. But it is not the case."

Alaton has achieved this seemingly impossible feat by selling the electricity to the national grid and investing the revenue in high-yield treasury bills. Last year these yielded as much as 40% in dollar terms. "It is a shocking situation but it is a fact," says Alaton.

Recent developments indicate that privatization of the sector may be accelerating. Prime minister Bulent Ecevit's three-party coalition has surprised all and sundry by pushing through a large number of long-overdue structural reforms and striking a three-year standby agreement with the IMF. The country's most comprehensive economic stabilization programme in over a decade is in progress.

International rating agencies such as Standard & Poor's quickly responded by nudging Turkey's credit rating upwards. They indicated that a more substantial upgrading would come were first-quarter results positive. For the time being Turkish sovereign debt is sub-investment grade for US institutional investors.

The government's reform programme includes removing the most important legal obstacle facing foreign investors by changing the constitution and allowing international arbitration to take place in case of disagreement on contracts to which the state is a party.

In December Citibank, Crédit Lyonnais, Czech Export Bank, HypoVereinsbank and WestLB arranged the biggest loan ever for the Turkish energy sector. One of the largest and most complicated project financing deals to come to market last year, the arrangement was for a $1.6 billion loan for a state-owned thermal-powered plant at Afsin Elbistan. It consisted of several loans backed by government export credit agencies and commercial bank loans. Fifteen international banks joined in syndication, including Turkey's Garanti, Korfez, Tekfen and Vakif. The banks joined on a "best efforts" basis - no part of the debt was underwritten. The deal took two years to close. The 4,360MW lignite-fired power plant will add to installed capacity by 6% to 8% and output by 10%, Citibank says.

"Outside defence, this was the largest project financing deal in Turkey ever," says Citibank Istanbul's Eren Gura, who worked on the project. "It may be the first signal of market appetite for Turkey."

This may be so, but other elements played a role in the success of this intricate deal. One element relates to the main contractors. These include Mitsubishi Heavy Industries, Babcock, Kraftwerkstechnik, Mitsubishi Corp and Turkey's Enka, Gama, Tekfen and Tokar. The agreement between these companies and Teas, the state utility, was that each contractor would find the financing for its own part of the contract. Because all of them are powerful in their own countries they were able to pull strings with export credit agencies and relationship banks to tie up the financing. In addition the German government came down on the side of Babcock, which was experiencing difficulties, a source close to the deal said. In the end 70% of the financing was secured through export credit agency coverage.

Another peculiarity is that the deal is highly profitable for banks and contractors. In the first place, there was no competitive bidding. Secondly, interest payments were very generous. For such transactions the Turkish treasury, which is the guarantor of the loan, will not accept an interest rate beyond 225 basis points over Libor. Because this is about a third of the interest that banks are willing to accept, it is topped up by contractors. In this case it was more than 600bp above Libor, according to a banker involved in the deal. "Needless to say contractors add the extra interest cost to their prices which Turkey ends up paying," says a banker. "If the treasury would discontinue this practice and allow market forces to determine prices, the cost of both the loan and the projects would be much lower."

The only difficulty was in securing the Turkish contractors' $155 million share of the loan because appetite for Turkish commercial risk overseas is small and Turkish banks allocate tiny amounts for this sort of medium-term financing. (The share of the four Turkish banks in the syndicate was only $40 million.) The difficulty was resolved when Citibank itself put up the bulk of the money.

Other banks active in the energy sector are ABN Amro, Chase Manhattan, Société Générale and Crédit Lyonnais. Schroders has been advising National Power and UBS the Koc group on a number of projects.

Going for gas

At the end of 1999, Turkey had an installed capacity of 24,500MW. IBS forecasts that this will double: over the next 10 years the sourcing for the production of energy will change and private power generation will come to dominate. Currently lignite, natural gas and hydroelectric generation each account for a third of power output. Over the next decade the share of natural gas is expected to increase as all or some of the pipelines from Azerbaijan, Iran, Russia and Turkmenistan come on stream. The state monopoly on power was lifted in 1984 but because of bureaucratic obstructionism and the deficient legal framework, state dominance remained almost intact. At the end of 1998 only 13% of installed capacity was privately owned.

But now the energy ministry is in the process of transferring operating rights of over half of existing capacity to private companies. This process has been slow. as has privatization of power distribution. In 1997 the government put out to tender electricity distribution rights in key regions and $2.6 billion in bids were received. However, none of the companies is yet in the market for finance because the final transfer of operating rights has not been made. The companies are developing their bids and waiting for implementation legislation. Powerful media groups such as Dogan (which is being advised by CSFB) and Ihlas are awaiting official clearance. Ihlas, which is in a joint venture with CMS-HEI, is having additional trouble because it is being perceived as "Islamist capital" for which the government has no appetite. New headaches will develop when the contract winners eventually start seeking finance.

"After the contracts for the distribution concessions are awarded 25 groups will start looking for medium-term financing for between $50 million and $250 million each," says a Turkish banker. "This means more than $2 billion will be sought as a five-year maturity Turkish risk. Where will this come from?"

Sabanci's Darbaz believes that some bidders will simply be unable to raise the cash. "They bid too low to win, as often happens in Turkey in the hope that somehow they would find the money," he says. "It's not going to work out for all of them." Sabanci itself had bid but could not win a contract.

An Ankara-based consultant for foreign firms says that the total cost of the projects fielded by the government in various segments of the sector was $50 billion. He says his clients are "astonished" that there is "no scheduling - it looks as if they want financing for all projects and that's not possible."

This is unfortunate for all concerned because there is a genuine economic need for the projects and the rate of return for investors, 27% to 30% according to bankers, is attractive. "This is not as good as owning the Bosphorus Bridge but comes close," he says, referring to the toll bridge connecting Europe to Asia for the 7 million inhabitants of Istanbul - a big money earner.

Not many deals have been concluded in any of the dozens of energy projects that the government offered to private investors this year and there is no cost-of-borrowing benchmark. But bankers agree that Libor plus 600bp plus a 100bp commitment fee for five-year tenor would be a fair estimate.

The projects that will attract the most foreign investment are those that allow an efficient distribution of risk between the parties involved and have a short realization period.

As a rule of thumb, natural gas power plants are the most attractive for foreign financiers because of the shortness of the construction period (two years) and availability of export credit agency (ECA) loans , which allow public and private lenders to split the risk. Solid-fuel-fired plants take longer to build, cost more and are harder to finance. The most difficult to finance are hydroelectric plants. These have long construction periods (around five years) and a correspondingly long grace period and because of low import requirements would have correspondingly small ECA support. There is no ECA support at all in the acquisition of power-distribution franchises and transfer of operation rights and international interest in these is expected to be small.

Generate it yourself

The only scheme that seems to be working without major troubles is auto power generation. This allows Turkish manufacturers to generate their own power so as not to be affected by power shortages. Power produced is principally for the use of the producer but excess capacity may be sold to the national grid. This is the only scheme free of legal entanglements but other problems could be as daunting: gas shortages and the grid's refusal to pay market prices for producers' excess capacity.

At the end of 1998 total auto production capacity was 1,293MW with some 500MW to 700MW under construction and 3,400MW planned. These projects are small enough to allow Turkish financial institutions - in particular the Industrial Development Bank of Turkey (TSKB) and the IFC - to take an active part in their financing. This market will remain active until there is a glut in supply.

Many large manufacturers were forced to build auto production facilities. One of them is Sabanci, one of the largest private conglomerates, which has built a 120MW gas-powered power plant to supply electricity to its plants in the vicinity of Izmit, the industrial province adjacent to Istanbul. Apparently the company does not believe that the supply situation will improve dramatically in the near future - it is planning a second plant.

"We have made it a target to create an uninterrupted and reliable supply of quality energy for our factories by producing the supply ourselves," says Sabanci's Darbaz. "We intend to stick to this target. For the sort of thing that we produce [tyres and synthetic yarn] power cuts are disastrous." But even auto production doesn't guarantee uninterrupted supply because plants rely on gas from state pipeline monopoly Botas. Sabanci is paying a higher tariff to guarantee an uninterrupted flow. "There are cuts in gas supply but not in the bills we get from Botas," says Darbaz.

"It has not been possible to liberalize the energy sector in Turkey," says Darbaz. "They intend to do it but it is one of those intentions that will cease being an intention and become a reality in 30 years."

Although Turkey was among the first in emerging markets to open infrastructure projects to private participation it is still assessed by the World Bank as being one of the "starters" - countries that need to make a major effort to effect regulatory changes and develop a commitment to sustain reforms.

Turkey, despite recent improvements in the legal framework, lacks a high-quality legal and regulatory framework that would permit unimpeded private investment.

The build, operate & transfer (BOT) scheme - a concession-financing and risk-sharing structure model for key infrastructure projects - was invented by the Turks in 1984. But only four BOT projects could be realized in the 13 years that have since elapsed. One of these is an $864 million water-supply project arranged as a joint venture involving Thames Water of the UK, Sumitomo and Mitsui of Japan and two Turkish construction companies, Gama and Guris. This is the biggest privately financed water-supply project in the world and the biggest British-led project in Turkey for a quarter of a century.

Three other completed BOT projects are in energy where almost all infrastructure projects are concentrated.

The BOT scheme has been emasculated by the constitutional court which denied recourse to international arbitration in the event of disputes, a key issue for lenders and investors. To provide a partial solution to this problem, in 1996 the government put forward the BOO (build, operate & own) scheme. Semih Ergur, head of project finance at Citibank Turkey, says that this attracted a "phalanx of developers and bankers" in Turkey despite all the legal uncertainty.

A unique relationship exists between Turkey and the US in what amounts to energy geopolitics. Turkey is a key element in Washington's policy of developing a "Eurasian transportation corridor" to bring Caspian oil and gas to the eastern Mediterranean without involving Russia or Iran, the object being to prevent these powers expanding their spheres of influence in central Asia. This involves US promotion of an east-west pipeline to transmit oil and gas from Kazakhstan and Turkmenistan, going under the Caspian Sea and then traversing Azerbaijan and Georgia to terminate in Turkey.

The signing of oil and gas export agreements from the Caspian took place in president Bill Clinton's presence when he was in Turkey for a summit in November. The US is playing an active role in facilitating discussions between the parties and will provide financing through three finance and investment agencies. Trade and Development Agency (TDA), Overseas Private Investment Corporation (Opic) and Exim Bank have been jointly fielded for the first time for a single project. Last year TDA paid for a feasibility study for the trans-Caspian pipeline and gave Turkish pipeline company Botas a grant of $823,000 for technical assistance. The three agencies have opened the Caspian Finance Centre in Ankara, which will spearhead US efforts to mobilize financing.

Apart from securing energy resources for the west and opening up new business opportunities for US firms, the pipelines are important to US strategy. "The fundamental objective of US policy in the Caspian ... is not simply to build pipelines," says Richard Morningstar, until recently Clinton's Caspian energy co-ordinator. "Rather it is to use these pipelines ... as tools for advancing the sovereignty and independence of the new independent states and for establishing a political and economic framework that will strengthen regional cooperation and stability and encourage reform for the next several decades."

The Turkish government announced earlier this year that its priority is to secure the building of two pipelines - one to carry Turkmen gas to western markets via Turkey and another to bring Caspian oil from Azerbaijan's capital, Baku, to the Mediterranean port of Ceyhan.

However, the priorities of the three parties in the government are not the same. Prime minister Ecevit and Devlet Bahceli, his senior coalition ally, favour the trans-Caspian pipelines but Anap (Motherland) party leader Mesut Yilmaz has his heart set on another route - from the north. The $3 billion, 400km pipeline planned by Gazprom of Russia and Italy's Eni and nicknamed Blue Stream - its detractors have dubbed it Blue Dream - which Yilmaz is supporting, is in competition with the US-backed project.

Other strong proponents of the Russian project are energy minister Cumhur Ersumer and Gunes Taner, the ex minister of state in charge of the economy, both from Yilmaz's party. Also lined up behind the project are powerful Turkish construction companies such as Enka, Entes, Gama, and Tekfen that have enormous political clout. These are also involved in expanding the trans-Balkan pipeline. Gama, together with Gazprom and Botas, will play a role in the distribution of Russian gas.

"Ecevit and Bahceli know it's not very clever to prioritize the Black Sea pipeline," says an industry source. "Turkey's interest lies in diversifying supplies. But they don't want to rock the government by upsetting Yilmaz. In this case they may be forced to oblige him."

The energy ministry says that with current 10 billion cubic metres (bcm) annual demand for gas set to quintuple by 2010, Turkey will need gas from both sources. But others say that this is not entirely true: future demand for gas, they argue, is being exaggerated to create just this impression and once the Blue Stream is completed there will be no market for the Turkmen gas. A private Turkish source said that demand would treble not quintuple.

There is a high probability that the first pipeline to be built will be the one from Russia, which presently supplies 70% of Turkey's gas requirements. This project consists of a twin pipeline, each pipe having a capacity of 8bcm from Novorossiysk to Samsun on Turkey's Black Sea coast. It is supported by Italy's Eni.

The project is opposed by the US and has many detractors in Turkey. "It will make Turkey completely dependent on Russia for gas," says a Turkish oil industry analyst. "It will also undermine the Turkmen gas project. No bank will finance the Turkmen line once work on the Blue Stream starts. In the eventuality that the Trans Caspian will happen it will happen after the Blue Stream."

The capacity of the western pipeline bringing Russian gas to Turkey via Bulgaria is being expanded from 6bcm to 14bcm. "If on top of this you add 16bcm from the Blue Stream there will not be enough demand in Turkey to justify the construction of the trans-Caspian pipeline," the analyst says.

Shell was originally commissioned by Turkmen president Saparmurat Niyazov to do a feasibility study for a gas pipeline that would transport Turkmenistan's rich gas resources through Iran and on to Turkey and Europe. The Americans nipped this in the bud after a visit by Niyazov to Washington in 1988. Later the contract to design and build a trans-Caspian gas pipeline was awarded to PSG (a consortium of US companies GE Capital and Bechtel) with Shell taking 50% of the project. It is estimated that it will cost between $2 billion and $4 billion.

The Russians will not have an easy ride. "What they are trying to do, build a pipeline at a depth of two kilometres in one of the most polluted seas in the world has never been done before," says the analyst. "The operating cost is likely to be much higher than they calculate now. I will not be surprised if they finish one of the two lines and forget about the other."

There are many loose ends concerning the trans-Caspian pipe line also. Azerbaijan has become hostile to both the Blue Stream and the Turkmen pipeline ever since discovering its own gas reserves. Georgia is insisting on transit fees that are unrealistic. Russia and Iran have objected to it on environmental grounds.

But in eyes of most analysts the biggest obstacle to the Turkmen gas project is Turkey's indifference. "If Turkey wanted, it would iron out the differences between all the parties concerned," says an analyst. "But Turkey is not even trying."

Hold-up at the border

Iran was hoping to saturate the Turkish market with its own gas from the beginning of this year but this did not happen. The Iranians say that their side of the pipeline is ready and held a ceremony at the Turkish-Iranian border where the gas was lit in order to prove it. They have said Turkey must take or pay. Work on the Turkish side however, is far from complete.

There seem to be two reasons for the hold-up. The first is that the construction work did not progress fast enough because Turkish contractors were unable to raise financing as quickly as they would have wanted because of Turkey's low credibility.

The second reason for the delay is what is said to be US "refusal" to grant an export licence for a compressor station. "The licence has neither been given nor refused," says an insider. However, he said, a compromise solution could be on the way.

The pipeline from Iran is designed to carry 10bcm annually. Turkey will buy 190bcm of gas from Iran until 2020 when the contract expires. Deliveries will start at an annual 3bcm, probably in 2001 rather than 1999 as originally planned, going up to 10bcm from 2005.

The main pipeline will be 1,420km long, with 1,150km in Turkish territory and 270km in Iran. It will begin from Tabriz and extend to the Turkish border town of Dogubeyazit, travelling to the capital Ankara via the eastern provinces of Erzurum, Erzincan and Sivas. The pipeline will cost about $1 billion, the Turkish section costing about $850 million.

Under the initial agreement Turkey was to have paid for the Iranian section of the pipeline in the form of an advance for gas purchase. This was taken out of the agreement in order to conform with the Iran-Libya Sanctions Act, which aims to punish Iran's alleged support of terrorism by penalizing countries or firms that invest in the Iranian oil and gas sectors.

"Gas from Iran is about politics, not energy," says a senior Turkish official. "In the east it's easy to make agreements and difficult to implement them. In the west it's difficult to make agreements and easy to implement them. The east is a graveyard of agreements."



Caspian oil rigs: the energy's here, but when will the pipelines get it to Turkey?







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