10-22-14 - Blomfield LIKE DSKDBKA FNAKFNS
10-22-14 - Blomfield LIKE DSKDBKA FNAKFNS
10-22-14 - Blomfield LIKE DSKDBKA FNAKFNS
of hydrological risk
H
A. Blomfield, King & Spalding, UK
J. Plummer, University of Cambridge, UK
This article relates the risks of hydrological flow rates, seasonality and extreme events. Risk is considered from the perspectives of the various
players involved in projects. The analysis will consider specific issues which affect hydrological risk, such as climate-change, watershed
protection and river basin management, and quality of hydrological records. The article will also attend to the issues of management and
ydrology is the branch of science concerned rainfall, glacial lake outburst flood, extreme weather
mitigation of hydrological risk throughout the different stages of a project and how this is reflected in the project and financing documents.
with the properties of the earth’s water, and events (such as hurricanes) or upstream landslides.
especially its movement in relation to land, Hydrological risk can also include the issue of exces-
according to its dictionary definition. Hydrological sive flows during the construction phase of the project,
risk, in particular the risk of having either too much or which may delay the works and/or increase their cost.
too little water, is a key determinant for economic Similarly, inadequate or excessive water levels can
development. The World Bank refers to the possibility cause a delay in performance testing and commission-
of a country being a “hostage to hydrology” [Grey and ing, potentially delaying the commercial operation and
Sadoff, 20071]. technical completion of the plant.
For a hydropower project, the principal issue of Upstream development (causing diversion, impound-
hydrological risk is generally seen as the risk of hav- ment, flooding, debris flows, siltation or sedimenta-
ing insufficient water in the source river or dam to sup- tion) can result in inadequate or too much water, or
port the expected levels of electricity generation. changes in the timing and quality of water flows. On
However, hydrological risk is more complex than this, rarer occasions, downstream development can create
and issues related to the quantity and quality of water risks for an upstream plant, if the downstream plant is
can also affect a project during its planning, design, constructed such that its reservoir interferes with the
construction and financing phases, as well as other upstream operation (for example by flooding the tail-
aspects of operation. race of the upstream plant).
This paper relates the risks of hydrological flow
rates, seasonality and extreme events. The risk is con-
sidered from the point of view of the project compa- The various parties and stakeholders have different
2. Perspectives on hydrological risk
ny(a), government, off-taker, construction contractor, perspectives on hydrological risk. Developers’ atti-
lender and insurer. The authors look at specific issues tudes differ: some refuse ever to take the risk of inad-
which affect hydrological risk, such as climate- equate water during operation, others accept it as part
change, watershed protection and river basin manage- of being a hydropower developer, and for others it
ment, storage (as opposed to run-of-river) projects, depends on a range of factors, including the level of
and the quality of hydrological records. The paper then the tariff and expected revenue, based on different
discusses the issues of management and mitigation of hydrology scenarios. Of course, developers prefer cer-
hydrological risk throughout the various stages of a tainty of revenue and will generally try to shift the risk
project and how this is reflected in the project and to the off-taker and/or government, though may be
financing documents. persuaded to accept a certain magnitude of hydrologi-
Key documents which deal with hydrological risk cal risk if they can recover enough revenue from a con-
include: feasibility studies; the environmental and servative or low-water scenario (such as P90, a level of
social impact assessment; appraisal reports (including hydrology which occurs with a 90 per cent probabili-
the report of the lenders’ independent engineer); con- ty(b)). In some cases the developer will accept protec-
cession (or similar) agreements with host governments; tion from hydrological risk which is time limited, such
power purchase agreements; construction contracts; as a power purchase agreement (PPA) in which the off-
financing documents (such as loan agreements and taker takes hydrological risk for only the first 15 years,
sponsor support agreements); and, insurance policies. as the project’s finances will have significantly lower
sensitivity to changes in revenue after repayment of
the debt. During the planning and development phase
In considering hydrological risk it is important to of the project, the developer will need to assess the
1. Manifestations of hydrological risk
examine who bears the time, cost and other conse- level of hydrological risk it is willing to bear, and will
quences of each aspect of the risk, including the poten- need to take into account watershed or river basin
tial physical and commercial impacts. In addition to the issues as part of that assessment. During construction,
well understood issues of inadequate or excessive developers need to consider the effects of flooding,
water during operation, other aspects of hydropower drought and other hydrological events, which risks
development, such as design considerations on dams they can insure, which they can allocate to the con-
and power stations, are dependent on good data on tractor or off-taker and which they are willing to
hydrology. There may also be a risk of excessive water retain.
and silt levels caused by a period of particularly intense Governments may wish to protect the rights and
(a) Also referred to variously as the seller, generator, developer, (b) A less conservative scenario would be P50, a level of hydrology
borrower or employer, depending on the context. which occurs with a 50 per cent probability.
hydropower in other parts of the country, which face large part of the planning for a potential hydropower
different hydrological risks. The recommendation is project, yet even within the planning phase, there is a
that the plant is given part of its remuneration through range of considerations of hydrological risk. First and
foremost are the hydrological records, data on both
a capacity or availability tariff, where a fixed amount
historical river flows and weather. Developers normal-
is paid as long as the plant is available to the grid,
ly tend to prefer to collect their own data, but in this
regardless of the actual generation, and that this
there is little option but to rely on the data collected by
amount is sufficient to cover debt service [see, for the relevant government agencies. For example, for
example, Hoover, 20003] with an additional payment, the 100 MW Gulpur project in Pakistan, Mira Power
which is proportional to the energy generated. [20144] observed that hydrological and sedimentation
However, experience suggests that this is rarely data were available for the period 1960-2002, together
implemented in practice. Brazil is an example of this, with data related to meteorological parameters such as
where the grid inter-connection allows for the varia- rainfall, temperature and humidity, obtained from the
tions in hydrology across the country to be smoothed meteorological station maintained at Kotli by the
out, and the thermal plants provide back up in the Pakistan Meteorological Service.
event of adverse hydrology. Many governments insist Having obtained the data, it is a standard procedure
on leaving the hydrological risk with the developer, for any significant water resource development project
which may encourage the developer to lower genera- to run the data through statistical tests and models. The
tion estimates for the plant or, where concessions are Dahmen and Hall set of tests, for example, is general-
based on the final electricity price, increase the price to ly considered one of the most comprehensive method-
compensate for hydrological risk. The government is ologies for analysing hydrological data [Dahmen and
often effectively paying the developer to insure it Hall, 19905]. However, hydrological models cannot be
against hydrological risk. It should be noted that while fully relied upon, especially in situations where the
this paper will discuss ways in which the developer or future precipitation may not follow the pattern of the
off-taker may avoid hydrological risk, the country con- past as a result of issues such as climate change. The
cerned cannot avoid the risk of power outages which data may also be used to prepare a hydrological study,
such risk implies, other than by ensuring that signifi- which can include long-term estimates of the annual
cant back-up power resources are available; however, and seasonal distribution of flow rate, the inter-annual
these are rarely cost-effective or even possible for the variability, factors influencing rainfall-runoff, the
least developed countries. potential for increasing or decreasing trends in the
From the perspective of the developer, the more the stream flow, and the reliability of the estimates [Rae,
off-taker shares in hydrological risk, the more it will 20086].
realize two key benefits in terms of financing for the The necessity to provide adequate ecological flows
project. First, because the developer will have more within the river must also be fully appreciated. As a
secure and less variable revenues, lenders will be more result, while there is a need to carry out detailed hydro-
willing to increase the percentage of investment cov- logical analysis and sensitivity tests, it is also neces-
ered by lending. This decreases the developer’s cost of sary to make a prudent choice on the size of structure,
capital, and thus also any cost-reflective tariff for the with potential for future adjustments such as adding
off-taker (where applicable). Second, because of the additional generation units or changing the project’s
increased certainty of revenue, the developer will be in operating rules. The dam itself will need to be careful-
a better position to negotiate the best possible lending ly designed to withstand the expected hydrological
terms, also reducing any cost-reflective tariff. This variations, such as the probability of extreme floods
applies to both the interest rate, and the payback peri- and their structural or seismic impacts, with the design
od and terms. Consequently, if an off-taker shares in checked and double-checked not only by the develop-
hydrological risk, it may pay a lower average tariff (as er but also by the owner’s engineer and lenders’ inde-
the higher potential gearing and lower cost of capital pendent engineer.
reduces the overall cost of the project), but the off- In the long term, after the initial pay-back period,
taker may face higher variability from year to year in there may be a need to consider structural alterations.
the effective price it pays per kWh. It is at this time that the developer may enter into fur-
Lenders seek certainty of revenue so that they can ther negotiation with the government, off-taker or
have confidence that a developer-borrower will repay operator on risk sharing.
its debt. Lenders may seek sponsor (equity) support to While project design and optimization is the main
cession is granted. Lenders, too, can be so averse to ly involves the effects of delay and increased cost to
hydrological risk as to encourage the developer to construction resulting from excessive flows (such as
approach the project from a risk minimization rather flash floods) during the construction phase of the proj-
than benefit maximization perspective. ect, where some structures are at times very vulnerable
The environmental and social impact assessment and to flooding (such as overtopping of the cofferdam and
resulting environmental management plan and social main dam under construction). Excessive flows can
management plan will cover impacts on hydrology, also affect access to the site by damaging roads and
water quality, water use, aquatic ecology and fishing bridges, and prevent work at certain stages of con-
and levels of ecological flows, based on national stan- struction. Floods, debris flow or changes in silt levels
dards [ADB, 20117]. There may also be a need for an can be caused by GLOFs (see above), by excessive
agreed management plan for ecological flows, water rainfall or by upstream changes in the use of the river
sharing and/or catchment protection. For example, at or catchment such as diversion or impoundment. As an
the 1070 MW Nam Theun II project, the protection of example, flooding and sediment transport has con-
forest in the catchment areas was not only an environ- tributed to delays during the construction of the 168
mental off-set, but also an indispensable measure to MW Cheves hydropower project in Peru [Reynolds,
control soil erosion, consequent reservoir siltation and 201312].
even illegal logging. A construction contractor may have to accept the risk
As part of the lenders’ due diligence, lenders and of flooding up to an agreed recurrence interval, or the
their environmental and social advisors will review all maximum possible flood and other extreme hydrolog-
such plans for compliance with relevant lender ical events up to an agreed recurrence interval (or
requirements, such as the IFC (International Finance agreed absolute level), and will usually have the right
Corporation, part of the World Bank Group) to claim force majeure and a time extension in the case
Performance Standards or the Equator Principles of events that exceed such levels.
[IEA, 20008]. Seasonal changes in hydrological flows can cause
In areas at risk of glacial lake outburst floods difficulties to early works, such as access roads, and
(GLOFs), hazard analysis and on-going monitoring the construction of worker accommodation camps, as
are required when siting new hydropower develop- well as to the main construction site. Work may need
to be curtailed or may be able to be extended, depend-
ing on the unpredictable timing of the seasonal
changes in flow.
One of the most significant issues, later in the con-
struction period, is the availability of sufficient water
for performance testing. The EPC (engineering, pro-
curement and construction) contractor or electro-
mechanical contractor rarely takes the risk of delayed
testing as a result of hydrological factors such as inad-
Catchment protection equate or excessive water. The developer will often
is vital to maintaining
hydrological flows: as (c) See, for example, Nepal’s Proposed Model Project Development
Agreement (for hydro projects with installed capacities of less than 500
with the protection of MW), Nepal Ministry of Energy web site, available at:
forest in the www.moen.gov.np, Section 15.6 (GLOF early warning system), which
catchment for Nam obliges the project company to install a GLOF early warning system at
Theun II in Lao PDR, its cost if required to do so by the Government of Nepal and a Technical
shown here. Review Panel following a study of the GLOF risk.
Head [200121]: “There is now recognition that it is project in Côte d’Ivoire, a 35-year PPA has been
often unrealistic to expect a private owner to assume agreed with state utility CI-Energies, based on fixed
hydrological risk when he has not been party to the and variable capacity payments, which allocate the
collection of the original data on which the river flow risk of adequate water supply to CI-Energies, given the
is assessed.” location of Singrobo downstream from the state-
However, more recently, as the appetite for owned Taabo dam and hydropower plant [Whiteaker,
hydropower concessions has improved, it has become 201423].
apparent that some developers do accept the hydrolog-
ical risks. However, the authors have found no evi-
dence that any one element of a project affects the For the 250 MW Bujagali hydropower project on the
7.1.3 Bujagali hydropower project, Uganda
developer’s attitude to hydrological risk, not even the Nile in Uganda, the off-taker, Uganda Electricity
degree of design freedom which the concession Transmission Company Limited (UETCL), takes the
allows. Every case (as with so much of hydropower hydrological risk through a capacity charge which is
development) is case-, site- and country-specific. Thus adjusted based on the prevailing hydrology in such a
the section which follows will consider different way that the project company is paid irrespective of
examples of hydrological risk sharing. the actual production output (low or high hydrology
and demand) [AFDB, 200824]. The rationale for this
risk allocation was twofold: first, because of the
unique hydrology of Lake Victoria and the Nile, on
which even experts have widely divergent views; and
second, to encourage development in Uganda, which
suffered particularly high power prices.
UETCL has some protection against this allocation
of hydrological risk, in that if the water flow falls
The 84 MW New below a low base level for an extended period for any
Bong Escape project, reason other than a cause attributable to it or the
Pakistan’s first Government of Uganda (GOU), then UETCL can ter-
independent minate the PPA and purchase the plant by paying off
hydropower project.
the debt and a defined equity return [World Bank,
200725].
In this case the
The allocation of the hydrological risk to UETCL
Government retained
way for GOU to avoid paying for electricity not gener- the hydrological risk is shared between EGAT (the
ated is to ensure that as much water as needed is made Thai off-taker) and the Nam Theun Power Company
available to the dam, including in driest years”. Thus, (the operator) [Sinha, 200728]. While the water man-
the AfDB Review Panel could not rule out the risk that agement remains entirely the project company’s
the new Bujagali dam could lead to draining more water responsibility, the variation in revenue to Laos is lim-
from Lake Victoria than allowed by the Agreed Curve ited such that (among other terms) the revenue will not
(historically used to govern such outflows). fall below 86 per cent of the average annual revenue
even in the driest year.
Power from the 147 MW Ruzizi III hydro project, on
7.1.4 Ruzizi III hydropower project, DRC/Rwanda
the Ruzizi river between Lake Kivu and Lake Brazil’s Energy Reallocation Mechanism [Barroso,
7.3.2 Brazilian hydropower
Tanganyika, which forms the border between DRC 200329] is a complex way of managing hydrological
and Rwanda, will be sold to the utilities of Burundi, risk, which spreads the risk across the system rather
DRC and Rwanda [EGL, 201426]. The tariff under the than having a defined approach for each plant which is
three PPAs for that project is being structured in much independent of the system. The scheme effectively
the same way as that for the Bujagali project. creates a compulsory hedging system for hydropower
Observers have speculated that a similar rationale to plants. This works because although the production of
Bujagali applies for such an approach, that is, the individual plants may vary, in general across Brazil the
unique hydrology of the Great Lakes region and the hydropower production does not vary significantly.
development imperative. Plants are allocated a proportion of the overall
hydropower production and remunerated according to
this nominal production rather than to their actual pro-
There are many examples of projects where the hydro- duction. This reduces risk unless the overall produc-
7.2 Allocation of hydrological risk to the project company
logical risk remains with the developer, despite the tion is reduced in the year, thus hydropower plant
fact that developers will always endeavour to allocate owners in Brazil face systemic risk at times of drought,
this risk to another party. such as in 2001 and 2014.
Hydrological risk needs to be viewed in context of
historical flows and plant sizing. For example, the PPA
for the 60 MW Khimti I hydro project in Nepal, the In the case of the 345 MW San Roque hydro plant in
7.3.3 San Roque hydropower project, The Philippines
first privately financed hydropower project in that The Philippines, the utility off-taker, the National
country, allocates hydrological risk to the project com- Power Corporation, shares part of the hydrological
pany, but in practice this is limited to flow in the dry risk through a minimum payment provision. This is
season (October-March), as wet season flows far partly because of the project’s multipurpose aspects,
exceed plant capacity [Head, 200027]. with a public-sector entity overseeing the project’s
In countries such as The Philippines and Panama, a non-power benefits including flood control, irrigation
well developed and functioning spot market allows and water quality [Head, 200027].
developers to finance hydro projects on a merchant
basis, which means without any long-term PPA. This
usually means that the project company will retain In a Sub-Saharan Africa run-of-river project under
7.3.4 Sub-Saharan Africa run-of-river project under development
hydrological risk during operations. The project com- development, the project company and the state-
pany obviously will not develop and finance a project owned off-taker have agreed to share hydrological risk
in this manner without a high degree of confidence in by way of a tariff structure, which obliges the off-taker
the hydrology of the project and the market’s ability to to pay for a minimum volume equivalent to the annu-
compensate it adequately based on such hydrology. As al P90 volume irrespective of hydrology. A firm-energy
exemplified by the project financings of The tariff will be sized to allow the project company to
Philippines’ 170 MW Ambuklao and Binga hydro derive 90 per cent of its base case revenue (revenue
projects and Panama’s 58 MW Bajo Frio project, required for debt service and equity return) from such
lenders will usually be comfortable lending to such P90 hydrology volume and a non-firm energy tariff will
projects if there is a heightened focus on hydrology be sized to allow the project company to derive the
and by engaging their own market consultants to pre- remaining 10 per cent of base case revenue from the
dict the likely power price range within which the P50 production. By taking most of the hydrological risk
project company will sell power. in such way, the state-owned off-taker is likely to
In Chile there are punitive penalties for failure of a achieve a lower tariff through a lower cost of financ-
hydro plant to meet its PPA commitments; not even ing as well as reasonably priced equity.
force majeure can be used to justify such failure.
Penalties are imposed if a partial or complete blackout
occurs, to fund compensation to the customers. As a Specific circumstances in some countries may include
7.4 River basin/watershed issues
result, many hydropower producers have invested in the issue of upstream development (causing diversion,
thermal plants to ensure that they have a back-up impoundment, flooding, debris flows, siltation or sed-
source of supply. imentation) resulting in inadequate or too much water,
hence operators sell less power but for a higher price, project appraisal documentation, whether this is the
and vice versa in high hydrology years. However, in detailed feasibility study or appraisal report prepared
less developed or less hydro-dominated markets this by a lender. As mentioned above, the economic analy-
effect will not be significant. sis will generally include a sensitivity analysis, which
looks at the impact on the project rate of return of vari-
ations in hydrology [World Bank and IFC, 200238].
There may be a specific section of the report which
The level of uncertainty imposed on a project by cli- analyses each risk and the possible management and
8. Climate change
mate change considerations is significant. Climate mitigation, often called a ‘risk matrix’ [World Bank,
change calls into question the value of past data and 200739].
trends, and yet there is little certainty as to the direc- In addition, a ‘risk register’ for a project may include
tion or amount of change relating to hydrology for par- various terms which are provided to define various
ticular hydropower projects. One solution is to use risks, to identify measures to be taken in case the risk
optimization techniques such as real options analysis materializes and to allocate the risk to various parties.
to consider the best decisions in light of this uncer- Such registers may consider (among other site-specific
tainty. This approach has been demonstrated on the issues) geotechnical and geological data, seismicity,
Blue Nile [Jeuland and Whittington, 201336]. In this environmental issues and hydrology, including the
case the aim was to minimize the losses from future probable maximum flood for which the dam is
changes in hydrology and maximize the gains. The designed, the available data on river flows and the
analysis concludes that in the case of the Blue Nile, it possibility of GLOFs. The preparation of such a regis-
is better to build now, with some flexibility in plant ter can do much to improve the understanding of the
size, rather than wait for better information: “For all project risk by all stakeholders, and may thus help to
reasonable investment strategies and a realistic time avoid future disputes over the nature of the project risk
horizon for obtaining more information about hydro- and their allocation. Risk registers are increasingly
logical change and development uncertainties, the eco- used as part of the construction contract to define the
nomic costs of delay are greater than the benefits asso- risk sharing.
ciated with obtaining that information”.
It is vital that each project considers climate change-
related issues even if the data are inadequate, and there
appears to be no effective solution; the fact that an Typical environmental (and social) impact assess-
9.1 Environmental and social impact assessment
analysis has been carried out can form a baseline when ments (ESIA) will comment on the hydrology on
better data become available. Until the data and mod- which the plant design is based. This will include the
elling of climate change are better and more site- mean flows, the seasonal variations, the size of the
specific, forecasts are available, the most appropriate catchment, the area of the basin and the quality of
way forward is to incorporate Adaptive Risk the water in terms of silt and other indicators. This
Management in water resources management, espe- technical information will then be used in all subse-
cially in planning new projects. This would entail reg- quent considerations of the effects of issues such as
ular monitoring, evaluations and reviews, with possi- in-stream flows, fisheries, other water users, local
ble redesign of the management programme, as populations, water regulation, river fragmentation,
required, based on an appropriate set of indicators. For local stream habitats, migration of aquatic species,
example, some PPAs for BOT projects in Turkey have erosion, transport of sediment, wetlands, seismicity
provided for tariff adjustment to reflect changes in and the environmental sustainability of the catch-
long-term hydrology [Head, 200027]. ment area.
Sometimes it will be possible to provide a range of The ESIA or consequent environmental management
possible impacts of climate change on hydrology. For plan (EMP) will define the level of environmental or
example, the draft hydrology report for the Amaila in-stream flow which must be maintained to protect
Falls hydropower project in Guyana provided as fol- the flora, fauna and water quality of the river, which in
lows [PPA Energy, 201137]: “The simulated energy turn must be incorporated into the project forecast
yields indicate that the impact of climate could result hydrology(k). The ESIA/EMP will also consider the
in reduction in annual energy yield from 1.3 to 2 per safety implications of the level of river flow during
cent for different scenarios when reductions in rainfall construction, and the possibility of extreme events
range from -0.6 to -2.9 per cent.” such as flash floods both for the construction work-
Some developers report that they are using a shorter force and the local populous. This will include such
sequence of hydrological data to predict future hydrol- actions as a local area flood warning system. Water
ogy, particularly where the recent flows have been quality monitoring and management are specified in
lower. This change in methodology is considered the ESIA, and would form part of the EMP or ongoing
appropriate since some climate change effects are adaptive management plan.
already in place, and thus recent data may provide a Depending on the nature of the project, similar issues
better predictor of future flows than long-term histori- may be assessed in a cumulative impact assessment of
cal trends. However, as yet there is no strong academ- a river system or basin area and in a review of any gov-
ic basis for this approach. erning bilateral or multi-lateral agreements on the use
From the insurance perspective, insurers do try to of water in particular river systems.
update their backward-looking loss models to include
climate change factors, to varying degrees of reliabili-
(k) See, for example, the briefing note on environmental flows for the
120 MW Itezhi-Tezhi Hydropower Project, Zambia at:
ty [Shiels, 201416]. www.hydrosustainability.org.
way of standard contracts of insurance, which set out mizing its freedom to manage and develop the water-
the trigger as loss or damage to a physical asset, and shed further in the way it sees fit. Instead, it may seek
certain policy conditions, deductibles and exclusions a covenant for the developer to cooperate and coordi-
[Swiss Re, 201140]. Parametric or index-based cover nate its operations with other projects to be developed
may use documentation developed by the International on the river, to optimize basin value, where consistent
Swaps and Derivatives Association (ISDA) for stan- with the achievement of expected return on equity and
dard weather hedge structures [Speedwell, 201441] or share its engineering design and operating assump-
bespoke contracts for tailored structures. For legal or tions with other hydropower project developers being
regulatory reasons, the cover may be structured as a developed in the same basin [MOEN, 201442].
derivative rather than insurance. If the project is located on an international river, the
developer may seek a requirement in the concession
agreement for the government to notify, consult and
In addition to the foregoing documentation of a com- share information with riparian states, and obtain any
relevant approvals required from such states to the
9.3 Concession agreement
water resources in the catchment area of the site that of inadequate or excessive water during construction
would: to the contractor or employer generally depends on
the magnitude of such lack or excess of water (gen-
• substantially impair the flow of the water with the erally drought or flooding) and whether it constitutes
effect of reducing the average daily, seasonal or annu- force majeure. These two questions are linked, in
al flow yields or volume of available water at the site that the EPC contract may define one of the require-
to a level below that required for the plant(s) to pro- ments of a force majeure event by reference to an
duce electricity at the planned level of electric output; agreed recurrence interval, such as a one in 100 year
or, flood, or an absolute level of flooding based on the
• otherwise adversely affect the operation or mainte- maximum possible flood (as discussed in Section 4).
nance of the plant(s). An event which qualifies as a force majeure will
A developer may seek to strengthen such a covenant excuse the EPC contractor from performance and
by including a provision that obliges the government entitle it to a time extension for completion of the
to consult with the developer first, and take all reason- works.
able measures requested by it, to avoid an adverse The standard form FIDIC construction contract, used
effect caused by the granting of a water use right widely in the hydropower business, defines ‘force
which could negatively affect the implementation and majeure’ as “an exceptional event or circumstance (a)
operation of the project, and to pay the developer com- which is beyond a Party’s control, (b) which such
pensation in the event of such an adverse effect. Party could not reasonably have provided against
Similarly, the developer may seek to include in the before entering into the Contract, (c) which, having
concession agreement a right to compensation if the arisen, such Party could not reasonably have avoided
government fails to protect the upstream catchment
area and it deteriorates, causing siltation of tunnels and (l) Consider, for example, obligations under the Nile Basin Cooperative
waterways which adversely affect the project’s flow Framework Agreement, available at: http://internationalwaterlaw.org.
has the right to terminate the PPA and require the off- The key to managing risk may well be better hydro-
documentation of hydrological risk
taker to buy it out for the price of the outstanding logical data. Although little can be done to improve the
debt, plus a return on equity. historical data set, governments should understand the
Viewed from the offtaker’s perspective, adverse vital importance of collecting good data for the future.
hydrology may expose it to increased fuel costs for This could be enhanced by sharing information across
replacement thermal generation (as discussed above borders and regionally, either bilaterally or through
in the case of UTE), volatility in its revenue and river basin organizations. In addition, the industry
even, in some cases, compensation obligations to dis- needs to use better analysis of the possible impacts of
tribution companies and other parties, including climate change and incorporate flexibility in design to
downstream parties. If the payment provisions in the deal with such impacts.
PPA require the off-taker to make minimum guaran- Several approaches noted in this paper deserve fur-
teed payments (or take-or-pay obligations) irrespec- ther investigation and consideration. In particular, the
tive of the actual production output (low or high calculation of liquidated damages for forced outages
hydrology and demand) such as at the Bujagali proj- and supply shortfalls caused by hydrology should take
ect discussed in Section 7.1, the off-taker may wish account of the purchaser’s ability to mitigate a short-
to include the following additional limb (or similar) fall of production through the generation mix, includ-
in the definition of ‘hydrological force majeure ing as a minimum use of “conjunctive operation of
event’: power stations in the overall utility supply region”
“Unforeseeable climatic conditions including any peri- [Rae, 200844]. In addition, projects could benefit from
ods of drought, which disrupt the operation of any increased use of tailored parametric insurance and
hydropower facility, connected to the grid system. For derivative products to facilitate hedging of hydrologi-
the purposes of this definition, ‘unforeseeable’ means a cal risk, so that a deeper market in these products
climatic condition reasonably expected to occur less fre- (t) Refer to safeguard guidelines such as the World Bank’s operational
quently than once every fifteen (15) years.” policy 7.50 on the use of International Waterways.