By Ratna Sansar Shrestha, FCA
Diamond is primarily composed of carbon and found in mines, like coal. But there is huge difference in value and importance of the two. Upper Karnali Project site on Karnali Bend is like a diamond that can be harnessed to develop as a multipurpose project with 4,180 MW installed capacity. But Governmentof Nepal (GoN) treated it like coal and gave it away to GMR, an Indian Company, to build peaking run of the river project (PRoR) with only 900 MW installed capacity, thereby depriving Nepal from benefits, inter alia related to stored water from reservoir and higher quantum of better quality electricity. Hence, the controversy.
The project development agreement (PDA) for this project, signed (during coalition government led by Sushil Koirala) by Investment Board of Nepal (IBN) on behalf of GoN with GMR Upper Karnali Hydropower Ltd. (GMR) on 18th September 2014, requires GMR to arrange financial closure within 2 years. Failing to achieve financial closure within the timeframe, GMR requested extension by one year, which too expired without any achievement. GMR again requested another one-year extension, which was granted in November 2017. The failure of GMR to achieve financial closure throws light on: (a) GMR lacking financial capability to inject requisite equity to implement the project and (b) lack of trust on the part of international financial institutions in GMR. But GoN is unmindful of these and continues to extend the deadline to no avail. In this backdrop, it is high time to conduct a critical assessment of both options of this project, with an eye not only on benefits to Nepal but also cost to Nepal’s economy, including opportunity cost of not harnessing the site as reservoir project. PART I: RUN OF THE RIVER SCHEME PDA was signed to implement PRoR scheme and an analysis of benefit to Nepal’s economy from it and cost thereof ensues: Expected benefits The website of IBN proudly lists various benefits to Nepal from 900 MW scheme that GMR plans to implement (depicted in the infograph). The veracity of these benefits to Nepal is examined below:- There is provision for free equity of 27% to Nepal. Hydrocrats seem to be belaboring under the mistaken impression that GMR will inject equity on behalf of Nepal and issue share certificates against it. This is a fallacy; it simply will be an accounting sleigh of hand. Actually GMR will issue share certificates to Nepal and simultaneously add equivalent amount in the books of account as “project development cost”, thereby increasing the project cost by commensurate amount.

- Nepal is to receive 12% free energy from this project. GoN has taken it for granted that this will amount to 108 MW. This is only partly true. Because, GMR is now proposing to build the project as RoR scheme without peaking to avoid adverse impact on irrigation schemes downstream, in which case Nepal will receive only 18-36 MW as free power in dry season (almost 8 months a year).
- IBN has mentioned that Nepal stands to earn Rs 116 billion in royalties from this project. Section 11.25 of PDA specifies that capacity royalty will be Rs 400 per kW and energy royalty will be 7.5% in first 15 years after commissioning, which will be increased to Rs 1,800 per kW and 12% respectively for 16-25 years. Therefore, annual capacity royalty will be Rs 316.8 million for first 15 years (on 900 MW minus 12%) and Rs 1.425 billion for remaining 10 years. Similarly, annual energy royalty on 88% of energy generated will be Rs 1.143 billion for first 15 years and Rs 1.83 billion for remaining period if electricity is exported at Rs 5/kWh. Total royalties Nepal will earn from this project over 25 years will amount to Rs 54.465 billion only, not Rs 116 billion; a clear case of over statement. Even if GMR is to export electricity at Rs 10/kWh, Nepal’sroyalties earning in 25 years will amount to Rs 89.922 billion only. However, as mentioned above it is highly unlikely that power from a RoR scheme would fetch Rs 10/kWh. Therefore, this too is a clear case of misinformation.
- Similarly, IBN claims that Nepal will be paid dividend totaling Rs 137 billion in 25 years; annual average of Rs 5.48 billion. As mentioned above, Nepal will own shares in the project of Rs 9.45 billion and in order for Nepal to earn dividend from this project of Rs 137 billion in 25 years, dividend pay out rate will have to be 58% of equity each year. It is over ambitious to expect dividend pay out at this rate.
- Moreover, IBN claims that Nepal’s treasury will receive Rs 84 billion as income tax over 25 year period. While discussing what Nepalis to receive as income tax from this project, provision of Section 3.2.4 of PDA should not be lost sight of, under which GMR is completely exempt from income tax in first 10 years and the exemption is 50% in years 11 through 15. Therefore, no income tax will be received in first 10 years and receive Rs 700 million a year as income tax from years 11 through 15 (at the rate of 50% of 20% under Clause (4) of section 2 of Schedule 1 of Income Tax Act), totaling Rs 3.5 billion in 5 years, supposing GMR succeeds to earn net profit of 20% on equity. In the same vein, income tax receipt will total Rs 70 billion (Rs 7 billion/year) in 10 years spanning years 16 to 25. IBN estimate of income tax revenue of Rs 84 billion, for a change, is close to real potential income tax revenue of Rs 73.5 billion.
- In “estimated financial benefit within 25 years of concession period” IBN also has included Rs 9 billion and Rs 1.3 billion as VAT and custom duty, respectively, totaling Rs 10.3 billion. It needs to be remembered that the VAT and custom duty facility to GMR costs the treasury Rs 14 billion and Rs 5 billion respectively as described below. Moreover, GMR is to be paid subsidy of Rs 5 million per MW for having paid VAT to GoN, totaling Rs 4.5 billion. IBN mentions that Nepal will receive Rs 10.3 billion as VAT and customs duty, but fails to mention loss to GoN treasury of Rs 23.5 billion, including as subsidy.
- IBN has estimated that there will be 3,000 direct jobs during peak construction period. What IBN has failed to mention is the fact that direct employment in the project will be less than 100 after commissioning of the scheme due to automation, remote control, etc. Another fact of vital importance that IBN has ignored is that with no work permit required, people from across the border will be employed in these jobs, rather than from Nepal. There is no mechanism to ensure that only people from Nepal benefit from such employment opportunities.
- IBN has painted a rosy picture by mentioning that it will “boost local industries”, forgetting that industries need to be powered by electricity.With every kWh of electricity (including free energy to Nepal) generated by this project being exported, it will not be possible to set up industries locally for lack of energy. Therefore, contrasted with IBN’s expectation, fostering entrepreneurship becomes merely pipedream when it is not possible to establish industries for lack of energy.
- Construction of roads bridges, schools, health and community centers, etc. by the project finds mention in the list of benefits prepared by IBN. An important question that goes abegging is: do not people affected by this project deserve roads, bridges, schools, health and community centers, etc. even without the project being implemented? Why should they be made to await implementation of this project for these basic infrastructures, which citizenry from other parts of the country take for granted as innate right?
- Under Section 9.2.1 of PDA, GMR is entitled to Rs 5 million per MW as subsidy, amounting to Rs 4.5 billion for having paid VAT to GoN, although under Nepal law only the projects that connect to national grid to meet Nepal’s internal demand are entitled to it. Such subsidy will reduce initial investment of the project and effectively reduce cost of generating power. This is equivalent to subsidizing buyers of electricity abroad. It is strange that Nepal, a poorer neighbour and supposedly receiving largesse from India, is enabling the project to export electricity at cheaper rate.
- Similarly under Section 9.2.2 of PDA GMR is entitled to 50% custom duty exemption on cement, iron and steel products. This facility is not afforded to projects built to meet Nepal’s internal demand. Such exemption is estimated to cost Rs 5 billion to Nepal’s treasury.
- Further, GMR is exempt from paying custom duty (except for 1%) and VAT on import of plant, equipment and machinery; estimated cost to Nepal’s treasury Rs 14 billion (assuming cost of electro-mechanical equipment to be 40% of initial investment).
- Moreover, Nepal loses Rs 14 billion on Income tax exemption in first 10 years and Rs 3.5 billion in years 11 through 15. Total loss to economy Rs 17.5 billion.
- Free power will be 502 MW; same in both wet and dry season, contrasted with 108 MW in wet season and 18-36 MW rest of the year. Similarly, free energy will be 1,318 GWh from former compared to just 415 GWh from latter. Besides, not only the quantum of free energy will be higher by more than 3 times, but the value too will be higher by more by Rs 10 billion (Rs 13 billion from former compared to just Rs 2 billion from latter).
- Nepal’s revenue from royalties from multipurpose scheme will be Rs 391.5 billion in 25 years (capacity royalty Rs 500/kW and energy royalty 10% in first 15 years and Rs 2,000/kw and 15% respectively in 16 though 25 years) compared to Rs 54.465 billion from latter.
- In the same vein Nepal’s treasury will receive exponentially higher amount by way of dividend, income tax, VAT, other taxes, etc. due to reasons like more than 3 times energy that fetches higher tariff and large scale economy.
- Compared to building RoR scheme of 900 MW, building 4,180 MW reservoir project will generate employment by a magnitude higher.
- Generation of more electricity means more energy to boost local industries to higher plane.
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