Letter to Ajai Chopra

Dear Mr. Chopra,
I am writing to you about the Irish Government's intention to present a draft programme of asset disposals to the IMF, the ECB and the European Commission. Specifically, I am writing to you about the regulatory steps required for the sale of the ESB (the publicly owned electricity provider).

At present, the electricity grid in Ireland belongs to the ESB, however its operation is contracted to another publicly owned company -Eirgrid.

The Government's intention is to sell a stake in the ESB without first seperating the grid from it. I believe this is a serious mistake for 2 reasons: it will undermine the good governance of an already competitive electricity market; and it will undermine any chance of the State receiving fair value for the asset.

The arguments for decoupling grids from electricity providers are well rehearsed across many jurisdictions and I will not go into them needlessly here. Sufficeth to say, it gives the largest player in the market power over their competitors.

However, in Ireland's case, selling a bundled asset could be uniquely harmful, as the right to operate the grid is not vested with the same company that owns it. Therefore, I believe by selling a stake in the ESB, we are expecting investors to pay full price for their share in the grid, without allowing them the chance to operate it (as Eirgrid has the mandate to operate it). Clearly this is pie-in-the-sky, as no investor will want to pay full value for an asset they will not be allowed to operate. We are dooming the Irish State to accept a vlaue below the true value of the asset if we sell the grid in this manner.

If the sale of the grid is indeed crucial, then I suggest ownership of it be transferred to Eirgrid and a stake in this company be sold as well. At least in this way, a sensible, attractive package can be presented to potential investors and they will be buying both the asset and the right to operate it. This seems to be the only way to safeguard the value of the asset in any sale.

Finally, I want to bring your attention to some surprising correspondence I have had from some politicians in Ireland in regard to this matter. After writing to many politicians to alert them to what I believe is a dramatic mistake that will undermine the functioning of the electricity market in this country, one responded to me to say that the objective of selling the ESB bundled with the grid is specifically to create a dysfunctional system. I will not name him, but he explained that by leaving the grid bundled, this will make it impracticable for future governments to sell the remainder of the ESB and will instead create a regulatory incentive to renationalise the asset. He expressed satisfaction that this approach would achieve our programme targets, but encourage a policy reversal at a future time.

Personally, I have no distinct preference for public or private ownership, but it seems clear to me that if we are to part-privatise the ESB we should make an honest attempt to create a functioning post-privatisation electricity market. Instead, it seems the intention is to sabotage the privatisation process to bind the hands of future governments -for crude ideological reasons. Instead of being the transformational event envisaged under the programme, the intention is to technically comply, but in a manner that ensures a reversal at a later date.

I urge you to examine this proposal extremely carefully when it is presented to you. I recommend you seek the seperation of the Grid from the ESB, to either remain in State ownership, or else to be transferred to Eirgrid and that company be part-privatised also. The current proposal is ham-fisted, seemingly intentionally.