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Govt. Struggles with fallout from ‘forced’ IPPs contract modifications

by AMG
February 26, 2025
in Finance
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Govt. Struggles with fallout from ‘forced’ IPPs contract modifications
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ISLAMABAD: The government Prime Minister, Shehbaz Sharif is reportedly facing the brunt of pressure tactics used to force the Independent Power Producers (IPPs) for revision of their contracts on the Power Purchase Agreements(PPAs).

On Wednesday, British High Commissioner, Ms Jane Marriot called on the Power Minister, Sardar Awais Khan Leghari and conveyed the concerns of British government. The government has already received a formal notification regarding a claim from the owner of Halmore Power Company. This claim is made pursuant to the Bilateral Investment Treaty (BIT) between Pakistan and the United Kingdom and Northern Ireland, aimed at promoting and protecting investments. The notification is dated November 30, 1994.

The Company, in its notice had accused the government’s entities for using pressure tactics against the company. Secretary Power, Dr. Fakhray Alam Irfaan on Wednesday informed the National Assembly Standing Committee on Power that IPPs sent their complaints at different forums due to which local investors also feel pressure.

He further stated that some diplomatic letters also come but the government satisfy them.
He also cited the reference of meeting between Power Minister, Mr. Leghari and British High Commissioner wherein the issue of IPPs came under discussion, adding that Power Division’s team has assured the High Commissioner that nothing is wrong is being done with the IPPs.
Last week, Power Division received a warning letter from eight Development Finance Institutions (DFIs) including the Asian Bank (ADB) and International Finance Corporation (IFC) which says that renegotiating Power Purchase Agreements (PPAs) with wind and solar Independent Power Producers (IPPs) in a non-consultative manner could severely impact the long-term development of the sector.

This would undermine investor confidence and discourage much-needed future private investment.In a joint letter addressed to including the Finance Minister, Power Minister, and SAPM and other top bosses of PPIB and CPPA-G, the DFIs have referred to the proposed terms issued on January 10, 2025, by the Energy Taskforce, representing the Government of Pakistan. These terms relate to the renegotiation of PPAs with wind and solar IPPs financed by their group of development finance institutions.
The DFIs that signed the joint letter are: Asian Development Bank, British International Investment plc, DEG – Deutsche Investitions-und Entwicklungsgesellschaft mbH, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V, IFC, Islamic Corporation for the Development of the Private Sector, Islamic Development Bank, and Société De Promotion Et De Participation pour La Coopération Économique S.A.

The joint letter has been written at a time when a high level delegation of the World Bank is already in the town and busy in meetings with the top government functionaries. An IMF delegation also met with the Chief Justice of Pakistan and other concerned authorities.

“We understand that the Energy Taskforce has since held meetings with each IPP to discuss the proposed terms and reach agreements on their implementation,” the letter stated. According to the DFIs, they have a long-standing commitment to Pakistan’s power sector, both as lenders and equity investors. Over more than 25 years, they have invested approximately $2.7 billion in the sector, with the aim of supporting its development and fostering a conducive environment for private sector investment.

“While we fully acknowledge the difficulties currently faced by the power sector and appreciate the steps the Government of Pakistan is taking to address long-term structural challenges, we believe that renegotiating PPAs in a non-consultative manner will be harmful to the sector’s long-term development. It will undermine investor confidence and discourage much-needed future private investment. Investor confidence has been critical in attracting significant local and foreign investment in Pakistan’s renewable energy sector, and further investments are urgently needed,” the DFIs stated.

They further emphasized that preserving the sanctity of contracts signed by the government and honoring its contractual commitments are fundamental to building investor confidence, which is essential in any country—including Pakistan.

The DFIs also made it clear that under the terms of their financing and investment agreements, the IPPs they have financed are not permitted to agree to changes to any major project documents, including the PPA, without prior written approval from the lenders.

“We hope the government will reconsider its approach to PPA renegotiations and explore alternative ways to address the energy sector’s structural challenges. We remain committed to supporting Pakistan’s power sector and look forward to collaborating with the government in this regard,” the DFIs concluded.

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