National Wealth Fund, GB Energy and The Crown Estate: BPA update and analysis on developments.
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To:  All Ports

Circular 180/24

08 August 2024

Update on Government Plans for Public Investment in Ports

Attachments: National Wealth Fund Taskforce Report | Crown Estate Bill | Great British Energy Bill | GB Energy Founding Statement

Dear Member

There have been a number of significant developments since the new government has taken office regarding the National Wealth Fund, new publicly owned energy company Great British Energy and modernisation of The Crown Estate. We circulated the announcement of the National Wealth Fund, which has allocated £1.8bn for ports, in Circular 154.

 

Since then the Government have announced the establishment of Great British Energy and a new partnership with The Crown Estate, which will be modernised with a new remit to support the energy transition directly. Ministers have announced that both organisations will invest in supply chains, including port developments and Bills have now been introduced in Parliament. Yesterday the Chancellor also called on calls on UK pension schemes to invest more in the UK economy and learn lessons from Canadian pension funds, some of which own stakes in UK ports.

 

We are gathering views from members on these developments and will be feeding our views to government. We would very much welcome your thoughts on any of the below. The BPA Council will consider these developments at their next meeting.

 

Executive Summary

 

We have summarised developments below, but the core points are:

  • A taskforce including former Bank of England Governor Mark Carney that was asked to consider the design and operation of the National Wealth Fund published its report to the Labour Party recently. A full summary is below and worth reading by all ports, but says:
    • The goal of the National Wealth Fund is to mobilise private capital to drive the energy transition. It should be a "green catalytic fund" designed to crowd-in private capital. 
    • Ports are one of five priority sectors.
    • The fund should offer a range of products to tackle common green investment barriers, which broadly include investment viability, demand certainty, and value chain readiness. It should be additive and focused on its strategic mandate as well as returns, and therefore not be a grant making body.
    • To tackle specific investment barriers for ports, should consider a revenue guarantee similar to the 'cap and floor' model for UK Interconnectors. This would guarantee a minimum revenue for port investment to cover capex, opex, depreciation and equity expected rate of return. It would also include a cap, which would mean any revenue above this (from the asset) would return to the NWF.
    • It should also offer concessional debt and equity in some circumstances to ports.
  • A founding statement has been published a new  operationally independent energy company wholly-owned by the Government, called  Great British Energy (GBE). A bill has been introduced to parliament to set it up. It will form a partnership with The Crown Estate that will invest in the energy transition, including ports and broader supply chains .
  • A bill has been introduced to modernise the Crown Estate, allowing it to borrow and explicitly authorising it to invest directly in support of the energy transition, including in supply chains such as ports.

 

The Crown Estate

 

A bill to modernise The Crown Estate was introduced before Parliament broke for its summer recess and will be debated in September. It broadens The Crown Estate’s investment powers and confers a broader power to borrow, subject to Treasury consent. The bill does not affect The Crown Estate Scotland (TCE Scotland). The Government have confirmed that Great British Energy, which will be based in Scotland, will invest across the UK and the UK Government is in discussions with the Scottish Government and Crown Estate Scotland on how GBE could help to support new development and investment in Scotland.

 

The Crown Estate is a public corporation. Its overall portfolio was valued at £15.5bn at the end of 2023/24. Its portfolio is diverse and includes a range of holdings including of course parts of the coastline and seabed. Its strategy is to focus on activities which closely align with wider national needs, including energy security and sustainable economic growth.

 

The Crown Estate is currently limited to making its investments in certain types of real property and certain restricted types of security. Its powers to borrow are limited. This bill seeks to modernise The Crown Estate by removing these limitations so it can better assist in the delivery of wider national policy objectives such as improving the UK’s energy security, as well as generating revenue for the Treasury.

 

The bill itself is very short, at only three clauses. The explanatory notes, provided by government, expressly mention “investing in the infrastructure of a port owned by a third party to facilitate the development of part of the seabed that forms part of the Crown Estate” as an example of an activity that the Crown Estate could invest in in future.

 

The bill authorises loans from the Treasury to the Crown Estate and states that the Treasury will determine the interest rate on these loans. Our understanding is that this would be, at a minimum, the rate at which the treasury borrowed the money, although this itself can vary. The bill also authorises other types of financial assistance from the Treasury.

 

 

Great British Energy

 

The Great British Energy (GBE) Bill gives the Secretary of State powers to designate a company as Great British Energy and place it on a statutory footing. GBE will be an operationally independent company wholly-owned by the Government. The bill is just eight clauses long.

 

The explanatory notes to the bill set out some of the policy background. The government believes that the scale of capital needed to meet its mission to decarbonise power generation by 2030 requires significant collaboration between and investment from the private sector and government. GBE will invest in, own, and develop clean energy projects in order to derisk and accelerate the delivery of projects and provide support where there is a market gap, which government say is intended to crowed-in private investment. The founding statement for GBE states that generating publicly-owned revenue to reinvest into future energy projects means investing in and owning clean generation assets – particularly in less developed technologies like floating offshore wind and carbon capture.

The bill will allow government to provide financial assistance to GBE. Whilst GBE will be operationally independent, the government will have several means of direct and indirect influence, in addition to being the sole shareholder. The secretary of state will be required to set out a statement of strategic principles which will provide GBE with a steer on how to prioritise and focus its activities. The bill states that GBE’s articles of association must provide for the company to publish and act in accordance with strategic plans that reflect the secretary of state’s strategic statement. GBE’s articles of association must also contain a statement of its objects and those must be restricted to facilitating, encouraging, and participating in:

  • the production, distribution, storage and supply of clean energy,
  • the reduction of greenhouse gas emissions from energy produced from 15 fossil fuels,
  • improvements in energy efficiency, and
  • measures for ensuring the security of the supply of energy.

Our view is that ports are clearly key to the of the security of the supply of (renewable and non-renewable) energy. Interestingly the explanatory notes are slightly broader, saying GBE will support UK energy independence as well as security of supply.

GBE will work with the National Wealth Fund and UK Infrastructure Bank and government says that the details of this offer is being developed.

As GBE will fall partly within the competence of devolved administrations, the UK government is seeking legislative consent from Scotland, Wales and Northern Ireland.

Partnership between GBE and TCE

Government has said the GBE and The Crown Estate will form a partnership, drawing on the Crown Estate’s experience, data and spatial capabilities. There will be a partnership agreement between The Crown Estate and GBE, and a new ‘division’, Great British Energy: The Crown Estate, will be created.

 

gbe tce partnership

 

Our understanding is that this, or a new vehicle, will invest in offshore wind projects. The government say that the partnership agreement will:

  • Bring forward new offshore wind developments, with the potential to deliver up to 20-30 GW of extra offshore wind seabed leases to the market by 2030. DESNZ estimates that this could support the leveraging of up to £30-60 billion of private investment.
  • Stimulate new technology in areas such as floating wind, hydrogen, carbon capture and tidal energy.
  • Invest in ports and clean energy supply chains, unlocking strategic bottlenecks to speed up the delivery of existing projects.
  • Ensure that future development, including the next round of leases, has lower risk for developers, enabling faster buildout from leasing. We will work closely with the sector to ensure that the competitiveness of existing projects is not impacted, and that these changes to future development are successful

On this fourth point around lowering risk for developers, government has said this could include undertaking assessments and environmental surveys through to securing planning consent and grid connections. The government say that doing this upfront development work on certain projects should mean that private sector developers can focus on project construction, helping to stimulate private sector investment.

 

National Wealth Fund

 

The National Wealth Fund Taskforce published its report for the Labour Party on how the National Wealth Fund (NWF) should operate, including what products it could offer and its role in the wider public and private investment landscape. The taskforce includes Mark Carney, former Governor of the Bank of England, as well as CEOs from Barclays, NatWest Group and leading pension and investment funds. The report can be found here.

 

Ports are one of five industries earmarked by the government for investment from the NWF – with £1.8bn allocated – and this report makes recommendations about how that could be delivered. This includes the possibility of a ‘cap and floor’ revenue assurance mechanism for ports.

 

The goal of the National Wealth Fund is to mobilise private capital to drive the energy transition whilst creating green jobs and growth across the UK. The Climate Change Committee say that £50bn of private sector investment is needed every year from 2030 to 2050 to meet net zero ambitions.

 

The NWF taskforce’s foundational recommendation recognises that policy is as important as funding to achieving the government’s mission on net zero. Reassuringly, the taskforce say that public investment must be accompanied by a stable, aligned, and competitive policy environment. It says the fund should be accompanied by a wider industrial strategy to improve UK competitiveness and the report identifies some key areas for immediate reform, including the planning system, tackling the skills gap, and strengthening the UK carbon price (alongside other demand pull measures).

 

The NWF taskforce sees the NWF as a sovereign-backed ‘green catalytic fund’ rather than a sovereign wealth fund (which are usually focused on financial returns only). The NWF aims to improve UK competitiveness by meeting the needs of investors, government, and the five identified priority sectors (including ports). It says the fund must provide the right type of product and provide operational simplicity as well as working alongside other support mechanisms.

 

The taskforce says that the fund should pursue the best investment opportunities in terms of strategic significance, impact on emissions, and ability to crowd in private capital. As well as demonstrating higher risk appetite and accepting lower rates of return, the fund will be uniquely placed to manage risks such as supporting the development of new markets.

 

Tackling investment barriers

The taskforce says the NWF should be ‘additive’ and designed to address various sectoral risks by investing in nascent technologies or projects at the initial stages of market development. KPMG provided the taskforce with some common barriers to green investment across three broad themes:

  • Investment Viability
  • Demand Certainty
  • Value Chain Readiness

Investment viability, includes high capital requirements, which the taskforce identifies as the biggest impact on the port sector. Investment return is also an issue for the sector, where it says input price volatility and long payback periods caused by tight margins is moving the risk-reward balance below those required for private investors. Delivery risk, including permitting delays, cost overruns and construction delays that create uncertainty, is also an issue for ports, the report says.

 

The taskforce say that the NWF could have a role tackling investment viability by providing debt financing for strategic assets (including “larger” ports) on a “no-regrets” basis where anticipatory investment is required. The NWF could also provide equity financing where there is a higher risk profile or a long-term investment horizon is required (and uses “smaller” ports as an illustrative example of this) and loan guarantees where counterparty creditworthiness is a barrier to accessing capital. Our initial view is that the type of products or support offered by the NWF should not depend on the size of the port but on the type of investment.

 

Demand certainty is the second broad theme of investment barriers, where current policy addressing this is short term and limited and held back by a lack of established creditworthy markets. The taskforce suggest the NWF could play a role in addressing demand certainty through loan/revenue/price guarantees where lenders require contracts to commit funding or by underwriting the risk itself. It could also provide equity/debt co-investments in downstream assets to stimulate offtake and reduce uncertainty.

 

Value chain readiness covers timing delays to enabling infrastructure and “dependencies between production and offtake assets”. The taskforce identifies a lack of robust domestic supply chains in an “increasingly tight global market”, insufficient skills, and a lack of established enabling infrastructure, which are all barriers to green investment. The report says there is a potential role for the NWF in providing debt and/or equity in supporting development of enabling infrastructure where a policy gap exists or debt financing to support investments where a significant supply chain gap exists.

 

Products and Approach

The taskforce says the NWF must be mandated to provide a broad range of products and financial instruments to suit different sectors, including equity (with higher levels of risk appetite), concessional debt guarantees, and price assurance products. It should however exclude pure grants from its remit as they do not deliver a return on investment and there is already strong grant-making provision in the UK public investment landscape. However, the NWF could help coordinate other grant giving organisations and activity. The BPA would support this as members have told us of the proliferation of funds open to ports, yet all have different criteria and aims.

 

The report states that the NWF should have an investment mandate rather than fixed funding allocations for different sectors. This approach will help the NWF be seen as credible by investors and support its efforts to mobilise capital, as it mirrors private investment funds and follows a similar approach to comparable funds in Canada and Australia. It should be noted that ports have already been allocated £1.8bn of the total £7.3bn available, and the BPA would oppose this being eroded; we see it as a floor not a ceiling. It also says that where there is a clear case, and it sits within broader objectives and mandates, investment through third-party funds should also be allowed.

In order to support the report’s core aim of a fund that is catalytic and additive, the taskforce says the NWF should offer:

  • Equity, with the ability to invest in both projects and funds that pose higher levels of risk. The NWF could consider deploying non-control equity for greater speed to market in the immediate term.
  • Concessional debt (providing loans below standard market rates) where this is required alongside other forms of capital that cannot be sought elsewhere.
  • Guarantees and wider price assurance options, deployed in a coordinated manner.

The report details two types of price assurance options: (1) contracts for difference (CfD) where the market does not provide sufficient price signals to incentivise low carbon products, and a (2) Cap & Floor mechanism which can be used to de-risk investment where revenue uncertainty is a blocker to investment, especially when the timing of when offtake contracts impedes investment viability.

 

Contracts for Difference (CfD), which have been used successfully to support the deployment of wind power and are being developed for hydrogen, offer price certainty to producers. The taskforce says that the NWF could offer producers a per unit revenue top up to cover the cost base and required returns based on an agreed strike price. In return, projects will agree to profit share any offtake price achieved that is higher than the strike price with the NWF.

 

Cap and Floor Ports Scheme

The second price assurance scheme is a Cap and Floor mechanism. The taskforce highlight it as a potential mechanism to de-risk port investment where revenue uncertainty is a barrier, especially when the timing of when offtake contracts impedes investment viability.

 

The Cap and Floor (C&F) mechanism is currently used to support revenue stability for UK Interconnectors. The report says that a similar regime would allow ports to operate on a merchant basis, stacking revenues across a number of revenue streams. The overall revenue stack is then subject to a minimum and maximum level. If earnings fall below the ‘floor’ level, the NWF (either directly or through a counterparty such as the Low Carbon Contracts Company) would top up revenue to the floor level. This is set on the basis of discounted and annuitized CAPEX, OPEX and debt service costs over the lifetime of the contract. If revenues exceed the cap, the operator would return excess revenues to the NWF.

 

The cap level would be determined considering total OPEX, CAPEX, depreciation and equity expected rate of return. This in turn will be discounted and annuitized. A Soft Cap could be introduced whereby revenue would be shared between the asset and the NWF to incentivise investment.

 

The NWF say that this could make ports more attractive to investment and could operate at zero cost given ports’ established business model and strong expectation of demand.

cap and floor graph

Fund Management & Structure

There is already a fragmented public investment landscape in the UK and the taskforce did not agree on whether the NWF should be established as a new institution or merged with an existing one. Distinct from where the NWF is situated, the report considers who should manage the actual fund and it and puts forward four options. The taskforce is clear that the fund must be operationally independent but with strategic alignment with the government’s mission. The taskforce says that the government must relax pay and procurement rules to appoint a board that will have credibility with investors and therefore speed-to-market. In the short-term, the fund should aim to crowd-in private investment at the deal level and look to crowd-in at the fund level in the medium term.

 

The report says the NWF must be an enduring institution with a sustained focus on being catalytic and additional in the market. Its structure and governance should be designed to be agile, responding to maturing market conditions and evolving policy priorities in order to retain a focus on crowding in — not crowding out — private capital. It also needs to be able to deploy multi-year capital allocations against a multi-year strategy.

 

 

We will continue to monitor developments across each of these areas and would very much welcome feedback which we will incorporate into our own messages to government.

Mark

 

Mark Simmonds
British Ports Association, 30 Park Street, London, SE1 9EQ 
Tel: 07387090955 | mark.simmonds@britishports.org.uk

Members can find an archive of BPA Circulars on the members area of our website here.

British Ports Association, 30 Park Street, London, London SE1 9EQ, United Kingdom

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