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Posted on Wednesday, March 26, 2003

 

Maynilad: A model in 
water privatization springs leaks

By David L. Llorito, Research Head, with Meryl Mae S. Marcon, Researcher

Part 1 of 3

Does privatization of water distribution in Metro Manila work?

If one goes by the numbers, the answer seems to be yes. In 1997, only 7.3 million Metro Manila residents had tap water. Now it’s almost 10 million. Twenty-four-hour availability of water has also improved in many areas.

Figure 1. Metro Manila Water Supply System 
Concession Service Area

On February 7, however, the Lopez-owned Maynilad Water, one of the two private water concessionaires in the metropolis, announced it was returning its concession to the government-run Metropolitan Waterworks and Sewerage System (MWSS) a move that muddied up the future of water privatization in the Philippines.

Maynilad Water claims MWSS committed “breaches of its obligations under the concession agreement” and is demanding $500 million in damages from the government.

Looking at the issue closer, it appears that Maynilad Water is looking for a way out of its financial troubles. Its la­test financial statement shows that in 2001, the company’s losses ran up to P1.7 billion, from only P618 million in 2000. Its debts in 2001 reached P14 billion, from P9.6 billion in 2000. Now the company is suffering serious cash flow problems and is blaming MWSS for its woes.

But why is Maynilad losing heavily? And why is the other concession—the Ayala-led Manila Water Corp.—making money? 

In 1997, the Philippines surprised water policy experts by doing the unexpected: announcing what is considered “the biggest water privatization” in the world. The deal involves turning over the business of distributing water to 11 million Metro Manilans from the MWSS to two private corporations, Maynilad Water and Manila Water.

The idea of turning over water distribution in Metro Manila to private companies came as a result of the early “successes” of President Fidel V. Ramos in mobilizing private resources to solve the power crisis that hit the country in the early nineties. If it worked for power, why not water?

During that time, only 67 percent of households had piped water. Supply was available only 16 hours a day on average. Water pressure was low, forcing many residents to install booster pumps and back up tanks. Sixty-three percent of water pumped into the network was “nonrevenue” or stolen water because of runoffs from old leaky pipes and illegal connections.

Addressing these problems would require huge amount of money which the government did not have. Even if the government had the money, it would have gone down the drain because of the sheer inefficiency of mwss. During that time, MWSS was overstaffed: it had 8.5 staff for every 1,000 connections as against 1.8 in Kuala Lumpur, 2.4 in Singapore, 2.7 in Hong Kong, and 2.3 in Seoul. In short, MWSS was more of an employment agency than a water authority.

President Ramos wanted to plug the leaks in mwss’s operations. He urged Congress to pass a “water crisis law.” On June 7, 1995, Congress passed Republic Act 8041, the “Water Crisis Act of 1995,” to improve water delivery, expand coverage and develop new water sources. To achieve these ends, the law encourages the participation of the private sector.

Four months later, the government officially approved the privatization of mwss. State officials did not know anything about privatizing water distribution, so it hired the International Finance Corp. as a consultant.

Based on IFC recommen­dations, the government divided the MWSS service area into two zones—East and West. Gregorio Vigilar, former secretary of the Department of Public Works and Highways, says the setup guarantees that when one concessionaire fails, the other could take over the operations, preventing service disruption. It was also a way to ensure that the government could have a benchmark that it could use to assess the performance of the other concessionaire.

For the whole of 1996, the government screened the technical and financial plans of 50 interested firms. Four companies qualified: the Ayala Group comprising Ayala Corp., Bechtel, United Water, and Mitsubishi; The Lopez Group comprising Benpres Holdings and Lynnaise des Enux; Aboitiz Equity Ventures and Compagnia Generale de Eaux; and Metro Pacific and Anglian Water International.

The Ayala group came in as the Manila Water Corp. and the Lopez group as Maynilad Water Services, Inc.

On January 6, 1997 the four submitted their financial and technical bids. After 20 days, the government announced the winning bids based on the proposed water tariffs. The Ayala group submitted the lowest bids for both the East (P2.32 a cubic meter) and West Zones (P2.51 a cubic meter). However, since the rule says that one group could only have one concession, the West Zone ended up on the lap of the Lopez-owned Benpres Holdings and its partner, Lyonnaise des Eaux, which submitted the next lowest bid (P4.97 a cubic meter).

The result surprised government officials because the bidding process resulted in different tariff rates: P2.51 a cubic meter in the East Zone and P4.97 for the West Zone.

On August 1, 1997, the MWSS turned over the operations of the concessions to the winning bidders.

The deal was expected to generate $7 billion worth of investments over 25 years and improve availability and efficiency of water and sanitation services to most Metro Manila households. It was also a happy arrangement for MWSS whose debts with the World Bank, Asian Development Bank and other lending institutions were passed on to the new concessionaires—90 percent to Maynilad and 10 percent to Manila Water.

Many could not understand the 90-10 split between the Maynilad and Manila Water. Frankie Arellano, assistant vice president of Maynilad for environmental management, says it’s probably because most of those borrowings were for projects in the West Zone.

MWSS sources, however, say it was a way to make investments into the East Zone attractive since the said concession area is less densely populated and has low coverage, thus needing more capital investments. The West side which lies beside the Manila Bay, has a higher population density and an extensive network thus requiring less investment. It’s a faulty assumption that caused much of Maynilad Water’s undoing a few years after.

Nevertheless, the Philippines became an overnight sensation among water policy experts worldwide. Traditionally, only rich countries are able to privatize urban water distribution. For many water experts therefore, the Philippine experience became a model for other poor countries.

Five years later, the privatization experiment appears to have generated confusing results. Manila Water is making money (P553 million in 2002) while Maynilad is financially bleeding. It is openly blaming mwss, now the regulating body, as well as the El Niño and the Asian currency crisis that hit the country in 1997-1998. Since Maynilad is operating the larger concession, many observers are worried that its problems may actually reflect the weaknesses of the entire privatization experiment.

On February 7, Maynilad issued a statement terminating its concession agreement with the mwss, implying that the operations and management as well as the debts it assumed will have to revert back to the state-owned agency. The statement was interpreted by many as a veiled threat.

In terminating its concession agreement, Maynilad Water blames MWSS for “breaches of its obligation under the Concession Agreement.” Arellano said the MWSS is now under arbitration hence he is not allowed to discuss the issue. But when one looks at Maynilad’s latest financial statements, the company seems to point to the following as the culprit: The failure of MWSS to complete the vital concession projects on time such as the Umiray-Angat Transbasin Project, the Manila South Distribution Project, Angat Water Supply Optimization Project, Manila Second Sewerage Project, and the LMQ-3 Project, and the 300 million liters a day Laguna Lake water supply project.

“. . . MWSS failed to initiate the critical 300 million liters a day water supply project in Laguna de Bay,” Maynilad says its latest financial report. “These delays have brought serious financial impact to the company.”

Are the complaints valid? Rafael Alunan III, Maynilad president, says the El Niño had reduced bulk water supply that it could distribute to its customers by 40 percent. Less water to sell meant less revenue to cover expenses. Had all these projects been completed on time, Maynilad said it should have not suffered financial difficulties.

Even more devastating is that Maynilad absorbed 90 percent of MWSS debts that were denominated in dollars. These loans were obtained at a time when the foreign exchange was P26=$1. After the Asian crisis, the peso slipped to P40:$1 and eventually to more than P50:$1. This resulted to the rise of its debts, now reaching $800.

“To illustrate the magnitude of the impact [of the Asian crisis], the total revenues of Maynilad for the first three years equaled the amount of concession fees paid to MWSS,” Alunan told officers of the Asian Development Bank (ADB) on April 18, 2002 in an effort to secure approval for its $350-million term loan from the bank, the European Investment Bank and six other international commercial banks. Maynilad Water has been wanting to get the loan as early as 1998.

Arellano admits that the concession agreement allows for the recovery of foreign exchange losses. Yet one can only recover these losses within 25 years. That’s the reason—Arellano says—why Maynilad is experiencing serious cash flow problems.

But are these explanations valid? A deeper look into the issue would reveal that Maynilad’s explanation is only half the story.

Part 2 | Part 3

    
 
 
 

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Francis Andaya, Judee Perculeza, Marizhen Doctora
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