PED 209: Management, Finance, and Regulation of Public Infrastructure in Developing Countries Tuesdays and Thursdays, 2:45 – 4:00pm, Starr Auditorium Henry Lee, Spring 2016 This course introduces students to the fundamentals of privatizing, structuring, financing, and regulating public infrastructure, particularly those that provide water, sanitation, electricity, telecommunications, and transportation services. Its focus is on public infrastructure outside the United States with an emphasis on developing countries. In addition to the weekly classes on Mondays and Wednesdays, there will be several optional review sessions, which will be held on select Friday in Weil Town Hall from 2:45-4:00pm. Most of the supplemental classes will focus on assisting students with finance. The course will address three key functions: (1) how, whether, and when to increase private participation in the development, investment, and operation of public infrastructure; (2) how to finance and value infrastructure assets; and (3) how to regulate the pricing and the quality of infrastructure services. The class sessions are discussions of actual cases. Students will be expected to read the cases and be prepared to participate in an active class discussion. Case questions will be provided for each class to help students focus their preparation. In addition, further readings are assigned for each class. These provide essential background information on the topics being discussed. For example, a case focusing on New Delhi’s water reforms will be accompanied by a reading on the role of private participation in providing water and sewerage services. The first twenty minutes of a few classes may be used for short lectures. Students will be expected to read both the cases and the required readings before class. There will be a take-home final that may be handed out at the last class and will be due on Thursday, May 5 by 5pm. In addition, there will be 3 take-home assignments. Students will also be periodically assigned to summarize the case discussions and/or submit short policy memos. The final exam will account for 40% of the grade, the first take-home assignment will account for 20%, the two take home assignments on financing infrastructure projects will account for 10% each, and in-class participation and short assignments will account for the remaining 20%. Familiarity with microeconomics and using spreadsheets will be helpful. The finance section is accessible to those with no prior background in the field. Henry Lee’s office hours will be Wednesdays, 3pm-4pm and Thursdays, 11am-12pm. Please sign up on the sheet posted on the door of B302. Or you may schedule an appointment: 617 495-1350, henry_lee@harvard.edu or through his faculty assistant, Natalie Rios, 617-495-8850, natalie_rios@hks.harvard.edu. The Course Assistants are Clio Dintilhac, Clio_Dintilhac@hks16.harvard.edu and Juan Riesco Urrejola, Juan_Riesco_Urrejola@hks16.harvard.edu. The Teaching Fellow for this course is Peter Deutscher, Peter_Deutscher@hks16.harvard.edu. We recommend that you purchase “How to Engage with the Private Sector in Public-Private Partnerships in Emerging Markets” by Edward Farquharson. Several chapters of Professor José Gómez-Ibáñez’s book, “Regulating Infrastructure: Monopoly, Contracts, and Discretion” and Eduardo Engel, Ronald Fischer, and Alexander Galetovic’s book, “The Economics of Public Private Partnerships: A basic Guide” are assigned. The Edward Farquharson book is available for purchase at the Harvard Coop, and 3 copies of each of the three books are on reserve at the HKS library. All readings will be accessible as links on the syllabus or posted on the course website. Readings that are starred (*) are optional. I. INTRODUCTION AND POLITICS 1 TUE January 26 Infrastructure and Public-Private Partnerships This lecture will introduce students to the fundamental characteristics of infrastructure and motives and methods for greater private sector involvement in the expansion and operation of public infrastructure in developing countries. It serves as a broad overview of the issues discussed in the first half of the class. Reading: Andres, Luis et al. Infrastructure gap in South Asia: infrastructure needs, prioritization, and financing, Volume 1. World Bank, 2014. https://openknowledge.worldbank.org/bitstream/handle/10986/20327/WPS 7032.pdf?sequence=1&isAllowed=y World Bank, “Infrastructure: Lessons from the Last Two Decades of World Bank Engagement.” January, 2006. pp. 1-31. http://wwwwds.worldbank.org/external/default/WDSContentServer/IW3P/IB/2006/02/0 7/000160016_20060207101539/Rendered/PDF/3519910vol.01.pdf 2 THU January 28 Economic Development and Environmental Politics The Bujagali Dam was designed to bring power and economic benefits to the people of Uganda. It was supported by the host government and was to be built by Applied Energy Systems (AES), one of the world’s most respected private power generating companies. But it triggered the strong opposition of a small US environmental group concerned over the impact of hydro-electric dams on both the environment and people displaced. This case will explore the value of the dam to the people of Uganda and the legitimacy of foreign NGO involvement in infrastructure development. Reading: Case study: International Rivers Network and the Bujagali Dam Project (A), HBS Case #N9-204-083. Roy, Arundhati, Power Politics, Cambridge, MA: South End Press, 1999, pp. 4347 and 60-68. Charles Kenny. 2011. “Publishing Construction Contracts as a Tool for Efficiency and Good Governance.” CGD Working Paper 272. Washington, D.C.: Center for Global Development. http://www.cgdev.org/content/publications/detail/1425688/ FRI January 29 Optional Class: How to Read a Case Study Some students have had no experience reading and breaking down case studies. In this class, student will learn how to prepare a case for class discussions. The Lone Pine Case is on the course website. Reading: Case study: Trash Collection in Lone Pine: “To Privatize or Not”, HKS Case 1033.0 2 3 TUE February 2 New Delhi Power and Water Reform New Delhi successfully privatized its electric distribution companies in 2002, but when it attempted to sign a private management contract for several districts in the water system, there was a public outcry. This case compares the two reform efforts and asks why one succeeded and one failed. Reading: Case study: New Delhi Water and Power, HKS Case 1891 World Bank, PPIAF and ICA. “Attracting Investors to African Public-Private Partnerships.” Washington D.C., 2009, pp. 7-34. http://www.ppiaf.org/ppiaf/sites/ppiaf.org/files/publication/Attracting_Inves tors_to_African_PPP.pdf Edward Farquharson, et. al., “How to Engage with the Private Sector in PublicPrivate Partnerships in Emerging Markets.” Washington D.C.: World Bank, PPIAF, 2011, chapter 2, pp. 9-14. Available in hard copy at the Harvard Coop or online at: http://issuu.com/world.bank.publications/docs/9780821378632/1?zoomed= &zoomPercent=&zoomX=&zoomY=&noteText=&noteX=&noteY=&viewMode= magazine 4 THU February 4 Reforming State-Owned Enterprises This class will examine the options for improving or reforming the operations of state-owned infrastructure projects. Are these reforms a substitute for greater reliance on the private sector? Reading: Case study: ENFE: The Bolivian National Railway, HKS Case Arief Budiman, Diaan-Yi Lin, and Seelan Singham. Improving performance at state-owned enterprises, McKinsey, 2009 http://www.mckinsey.com/insights/public_sector/improving_performance_at _state-owned_enterprises *Optional: John Nellis, The Evolution of Enterprise Reform in Africa: From State-owned Enterprises to Private Participation in Infrastructure — and Back? 2005, http://ageconsearch.umn.edu/bitstream/12193/1/wp050117.pdf 3 II. PUBLIC-PRIVATE ARRANGEMENTS 5 TUE February 9 Negotiating Sustainable Concession Contracts The Bangkok Second Stage Expressway and the Dabhol Power Facility were the two largest infrastructure controversies in the 1990s. This case explores the challenge of negotiating a sustainable concession contract, the impact of failing to do so, and options for designing more sustainable concession contracts in the future. Reading: Case study: Bangkok’s Second Stage Expressway, HKS Case 1401. Gómez-Ibáñez, José, “The Evolution of Concession Contracts: Municipal Franchises in North America: Regulating Infrastructure: Monopoly, Contracts, and Discretion,” Cambridge, MA: Harvard University Press, 2003, pp. 157-187. 6 THU February 11 Aguas Argentina: Concessions in an era of political Turmoil In 2002, Argentina suspended payment to Suez, a French infrastructure company, which owned the concession for water and sewerage in Buenos Aires. Over the previous nine years, Aguas had dramatically improved water services in the city, but now finds itself facing the decision whether to walk away from the concession or to try and persuade the Argentina government to honor the concession contract. This class will look at whether the original contract was fair to all parties and then will discuss the options available to the foreign investors. Reading: Case study: Aguas Argentina: Settling a Dispute, HBS Case 9-705-019 Lou Wells: Protecting Foreign Investors (HBS Note 9-706-044, November 2010) *Eduardo Engel, Ronald Fischer, and Alexander Galetovic: The Economics of Public Private Partnerships: A basic Guide (Cambridge University Press, 2014). Chapter 7, page 122-130. 4 7 TUE February 16 Trans-Java Highway The government of Indonesia is keen to develop the Solo-Kertosono Highway - which constitutes the last 187 kilometers of the 900 kilometer Trans-Java toll road – as a public-private partnership. This case explores what constitutes a traditional government procurement and what constitutes a Public-Private Partnership (PPP)? What are the principal features of a PPP? Reading: Case study: Completing the Trans-Java Highway, HKS Case, Akash Deep and Junglim Hahm. Eduardo Engel, Ronald Fischer, and Alexander Galetovic: The Economics of Public Private Partnerships: A basic Guide (Cambridge University Press, 2014). Chapter 1, page 1-20. 8 THU February 18 Negotiating Public-Private Partnerships This case explores the institutional and political challenges of designing a sustainable public-private partnership (PPP). Specifically, it looks at an effort by the Province of British Columbia to develop a PPP with a private firm to collect payments for its health insurance program. Reading: Case Study: Hard Won Accord: British Columbia and EDS Canada Negotiate a Complex Revenue Management Contract, HKS Case # 1835.0 Edward Farquharson, et. al., “How to Engage with the Private Sector in PublicPrivate Partnerships in Emerging Markets.” Washington D.C.: World Bank, PPIAF, chapters 6 and 9, pp. 77-91 and 111-131. http://issuu.com/world.bank.publications/docs/9780821378632/1?zoomed= &zoomPercent=&zoomX=&zoomY=&noteText=&noteX=&noteY=&viewMode= magazine 9 TUE February 23 Developing and Enforcing Performance Goals The class explores the structure of the first PPP in Africa for both the construction and management of a new hospital facility and the provision of clinical services to ensure that the private party provided adequate services which were enforceable and realistic for a developing country. One of the most difficult challenges encountered by the sponsors was writing and implementing performance indicators. This case focuses on the development of these indicators for the new referral hospital in Lesotho and the viability of healthcare in poorer developing countries. Reading: Case study: Lesotho Hospital and Filter Clinics: A Public-Private Partnership by Henry Lee and Iulia Cojocaru, HKS Case 1999.0. U.S. Department of Transportation Key Performance Indicators in Public Private Partnerships (DOT, 2011, Washington, D.C.), pp. 1-4, 6-12. http://international.fhwa.dot.gov/pubs/pl10029/pl10029.pdf Take-home assignment 1 – Due Tuesday, March 1 at 2:00pm 5 II. REGULATION 10 THU February 25 Regulation and Competition This class will look at Sri Lanka’s efforts to regulate its bus systems and why those efforts encountered so much difficulty. It serves as an introduction on why governments regulate infrastructure projects. Reading: Case study: Sri Lanka Transport (A): The Bus Industry, HKS Case 1377.0 Gómez-Ibáñez, José, Regulating Infrastructure: Monopoly, Contracts, and Discretion, Cambridge, MA: Harvard University Press, 2003, pp. 1-13, 18-36. Breyer, Stephen. “Typical Justifications for Regulation: Regulation and its Reform,” Cambridge, MA: Harvard University Press, 1982, pp. 15-35. FRI February 26 Optional Introduction Class on Finance 11 TUE March 1 Regulation: Pricing This class looks at Great Britain’s efforts to introduce performance based pricing and light handed regulation as an effort to reduce regulatory uncertainty. It will also discuss the characteristics of effective regulation by examining the performance of Britain’s water regulator, Ian Byatt. Reading: Case study: British Water (A): The Evolution of Price Cap Regulation, HKS Case 1809.0 Breyer, Stephen, “Cost-of-Service Ratemaking in Regulation and its Reform”, Harvard University Press, Cambridge, 1982, pp. 36-70. OFGEM, “RIIO – A New Way to Regulate Energy Networks”, Fact Sheet 93, April, 2010. 12 THU March 3 Regulation in Poorer Developing Countries This lecture assesses Mali’s efforts to regulate its electricity and water services. It will not only assess the performance of the regulatory agencies, but also look at the efficacy of various efforts to involve the private sector in the provision of infrastructure services in Sub-Saharan Africa. Reading: Case study: Energie du Mali (EDM), HKS Case 1811.0 Gómez-Ibáñez, José, “The Future of Regulation,” Regulating Infrastructure: Monopoly, Contracts, and Discretion, Cambridge, MA: Harvard University Press, 2003, pp. 341-357. 6 13 TUE March 8 Unbundling and Network Access Pricing (Guest Speaker: Tony Gomez-Ibanez) Many countries have attempted to improve the quality of infrastructure services by "unbundling" their utilities to separate the activities that are potentially competitive from those that are not. Unbundling introduces competition to a wider range of activities, potentially improving services and lowering costs. But these benefits often come with a reduction in coordination. This case looks at Chile's efforts to unbundle its telecommunication sector. Reading: Case study: Regulating Broadband in Chile: The Debate Over Open Access, HKS Case, 1955.0 Gómez-Ibáñez, José, “The Trade-off in Unbundling: Competition versus Coordination” and “The Prospects for Unbundling,” in Regulating Infrastructure: Monopoly, Contracts, and Discretion, Cambridge, MA: Harvard University Press, 2003. Chapter 10 pp. 247-263 and Chapter 13 pp. 326-339. 14 THU March 10 Designing Sustainable Investments in Poorer Developing Countries This class will explore the actions taken by the Gencor Corporation in building a $1.4 billion in Mozambique following the Civil War. It will discuss how investors can reduce the risk of expropriation and the role of the International Finance Corporation. Reading: Case study: Financing the Mozal Project, HBS Case 200-005. Ahmed, Priscilla A. and Xinghai Fang, et al , Project Finance in Developing Countries, (Washington: International Finance Corporation,1999), "Mitigating Major Project Risks", pp. 38-58. March 14—18 is spring break; there will be no class 7 IV. PROJECT FINANCE Students are urged to use Brealey, Richard, and Stewart Myers, Principles of Corporate Finance (McGraw Hill, 11th Edition), which is on reserve at the HKS library as a reference for general questions on this topic. 15 TUE March 22 Introduction to Project Finance This will be the introductory class for project finance. It will present the general features of a typical project finance transaction—in which lenders have almost no recourse to project sponsors - and illustrates these features through the financing of Nam Hinboun Dam in Laos. Reading: Case study: Financing the Theun-Hinboun Hydroelectric Project, HKS Case 1829.0 Deep, Akash, "A Firm Foundation for Project Finance" The Financial Times (June 6, 2000) and in Mastering Risk, Part I - Concepts, 2001, (Ed: James Pickford), Prentice Hall, pp. 218 - 223. *Barbara Weber and Hans Wilhelm Alfen, “Infrastructure as an Asset Class” (Wiley, 2010) ch. 5, p. 141 – 195. 16 THU March 24 Structuring Workable Financial Frameworks This case explains efforts by Groupo Tribasa, one of the largest construction companies in Mexico, to arrange long-term financing for two toll roads. The class will identify the issues that need to be considered in fashioning a workable financial structure. Reading: Case study: Tribasa Toll Road Trust, HKS 1485.0 Hoffman, Scott, "An Introduction to Project Finance", Project Finance Terms, Abbreviations, and Acronyms, pp. 697 - 710. Case study: BP Amoco (A): Policy Statement on the Use of Project Finance, HBS Case 9-201-054. Take-home assignment 2 – Due Thursday, March 31 at 5:00pm FRI March 25 Optional Review Class 8 17 TUE March 29 Allocating Financial Risk 1 The Melbourne City Link is a $2 billion privately-funded highway project. This class illustrates the financing of a large-scale private infrastructure project through the use of equity and debt. By developing a risk allocation matrix, it shows how specific risks are borne by the sponsors, the project company and the state. Reading: Case study: The Melbourne City Link, HKS Case 1539.0 Irwin, Timothy C., “The Allocation of Three Risks,” Government Guarantees: Allocating and Valuing Risk in Privately Financed Infrastructure Projects, Washington DC: The World Bank, 2007, pp. 71-101. 18 THU March 31 Valuing Infrastructure Assets This class will look at the difference between how public and private investors value an asset. The asset in question is the Rio Janeiro airport--which is scheduled to host the 2016 Olympics. The government of Brazil decides to sign a concession for the operation and improvement of the airport with private investors. To insure that the bids reflect the true value of the airport, the government publishes a valuation figure, but when the bids are open, the winning bid is four times higher than the government's estimate. The class will assess why these valuations might be so different. Reading: Case study: Rio Light - The Privatization of Light—Serviços de Eletricidade, SA: Preparing the Terms of Sale, HKS Case 1540.0 “Valuation Techniques,” HBS Note 9-384-185 “Diversification, the Capital Asset Pricing Model, and the Cost of Equity Capital,” HBS Case # 276-183 FRI April 1 Optional Review Class (note: this class will be at 1:15pm) 19 TUE April 5 Corporate Governance This class will introduce the concept of corporate governance and its importance in attracting investment. The class will also assess corporate governance’s impact on the value of a company. Reading: “Sky Air, Inc.,” HBS Case 9-297-110 “PetroChina,” HBS Case 9-701-040 Take-home assignment 3 – Due Tuesday, April 12 at 2:00pm 9 20 THU April 7 Public-Private Comparator (Guest Speaker: Prof. Akash Deep) This case will provide students with an analytical framework for comparing the value of traditional government procurement for an infrastructure facility and having the private sector develop the project. Public-private comparators have been used extensively in the United Kingdom and Australia. Reading: Case study: Partnerships Victoria, HKS Case 1822.0 World Bank Institute et al. Value-for-Money Analysis – Practices and Challenges (May 2013), p. 12-30, https://openknowledge.worldbank.org/bitstream/handle/10986/17622/8408 00WP0Box380ey0Analysis00PUBLIC0.pdf?sequence=1 James Leigland and Chris Shugart, “Is the public sector comparator right for developing countries? Appraising public-private projects in infrastructure”, GridLines, PPIAF, Note No. 4, April 2006. 4 pp. http://www.ppiaf.org/sites/ppiaf.org/files/publication/Gridlines-4Is%20the%20Public%20Sector%20Comparator%20%20JLeigland%20CShugart.pdf 21 FRI April 8 Optional Review Class TUE April 12 Allocating Financial Risk – Airports Reading: Case study: Rio de Janeiro Galeão International Airport (GIG) Concession Hoffman, Scott, "Project Finance Risks", Chapter 2 in The Law and Business of International Project Finance, pp. 33-51. “Rating Approach to Project Finance,” Fitch Ratings, August 12, 2004, pp. 112. Jeff Delmon, at.al. Airport PPPs: Mythbusters (IFC, Issue 6 July 2012) p. 34-37. http://www.ifc.org/wps/wcm/connect/6ff1e1804bf76ab0a248b6fab39f4e88/ Handshake_Issue6_WEB.pdf?MOD=AJPERES 10 22 THU April 14 The Role of Infrastructure Funds in a Capital-Constrained World (Guest Speaker: Jeff Miller - Tremont Group) Jeff Miller has been actively involved in financing major infrastructure projects. He will discuss the role of infrastructure investment funds in the financing of transport and power projects. It is said that these funds continue to have access to substantial capital despite the present economic problems. The class will explore how these funds might participate in the infrastructure market going forward? Reading: Barbara Weber and Hans Wilhelm Alfen, “Infrastructure as an Asset Class” (Wiley, 2010), p. 40-54. McLean, Bethany, “Would You Buy a Bridge from this Man?” Fortune, October 1, 2007, (New York, 2007), pp. 138-150, http://ezpprod1.hul.harvard.edu/login?url=http://search.ebscohost.com/login.aspx?dir ect=true&db=bth&AN=26656102&site=ehost-live&scope=site or http://archive.fortune.com/2007/09/17/news/international/macquarie_infras tructure_funds.fortune/index.htm 23 TUE April 19 Necessary Costs and Benefits of Public Infrastructure This class will involve differentiating real efficiency gains from financial transfers by examining the proposal to sell the Pennsylvania Turnpike. If PPPs are able to provide benefits to the public, how do governments determine and allocate those benefits? Reading: Case study: Leasing the Pennsylvania Turnpike, HKS case # HKS102-HCB ENG Gómez-Ibáñez, José, “Note on the Differences Between Social Benefit-Cost, Financial, and Regional Income Analyses”. Cambridge: 1996. pp. 1-9. Anthony Boardman, David Greenberg, Aidan Vining, David Weimer. CostBenefit Analysis (4th Edition). Prentice Hall: 2011, New Jersey. Chapter 1, p. 126. 24 THU April 21 Finance and Regulation Revisited This class will return to the privatization of Brazil’s electric distribution companies. The Brazilian regulator is reviewing proposals to increase the retail tariff and is weighing methodologies which would incorporate regulators’ goals of fairness and consumer protection and the need of the power sector to finance incremental investment. Reading: Case study: Revising Electricity Tariffs in Brazil, Henry Lee and Sunil Tankha HKS Case 1826. 11 25 TUE April 26 PPPs: The Perspective of a Private Company (Guest Speaker: Joe Aiello, CEO, Meridiam – North America) Meridiam is one of the fastest growing infrastructure companies in the U.S. with significant interest in transportation and building sectors. It has developed a financing model that has been highly successful. The discussion will be built around the development of a new courthouse for Long Beach, California, the North Miami Tunnel, and the Dallas HOT lane project. Material will be made available in advance of the class. Reading: TBA 26 THU April 28 Privatization Revisited This class will explore the developments in Bolivia beginning with the successful capitalization of 40% of Bolivia’s industrial and infrastructure economy through the public opposition and uprising over the proposed privatization of the Cochabamba water supply. Reading: Case study: Capitalization: The Politics of Privatization in Bolivia, HKS Case 1447. Finnegan, William. “Leasing the Rain,” from The New Yorker, April 8, 2002, http://www.newyorker.com/archive/2002/04/08/020408fa_FACT1?currentPa ge=all FRI April 29 Optional Review Class Final Exam: The exam will be handed out at the last class. A hard copy must be submitted to Natalie Rios (B302) by 5PM on Thursday, May 5 for all students. If you are out of town, you may email your exam to natalie_rios@hks.harvard.edu or henry_lee@harvard.edu. There will be a point deduction for each day it is late. 12