The 1995/96 electricity distribution price control reviews (DPCR1/DPCR2): the switch to real price cuts and the reopened review

Quick View

The 1995 review reset the price controls on Britain's twelve Regional Electricity Companies from 1 April 1995. It switched distribution charges from real rises to real cuts, with one-off real reductions of 11% to 17%, followed by 2% real reductions a year. After the Northern Electric takeover bid, the regulator reopened the review and tightened it again from 1996.

Scope of this article

This article covers the review that reset Britain’s electricity distribution price controls from 1 April 1995, and the reopening that tightened them from 1 April 1996. It follows the first article in this series, which covered privatisation and the initial 1990 controls, and it is followed by the third article, on the review that reset charges from 2000. It draws from the first-hand account by the regulator who set the controls, Professor Stephen Littlechild, in conjunctions with OFFER’s own later consultation papers.

A note on numbering. This is the review that set distribution charges for 1995 to 2000. While the 1995 review is counted as the first distribution price control review in Ofgem’s histories and in the academic literature, its 1996 reopening is considered the second, and the review that reset charges from 2000 as the third.

This article therefore covers the first and second price control reviews according to the official numbering.

Table 1: How the 1995 review unfolded, October 1993 to April 2000

Date Step
October 1993 OFFER opened the review with a consultation paper on the distribution price control.
August 1994 Outline proposals published: one-off cuts of 11 to 17%, then 2% a year.
September 1994 Proposals for the two Scottish companies; Scottish Power accepted, Scottish Hydro-Electric did not.
November 1994 Scottish Hydro-Electric's control referred to the Monopolies and Mergers Commission.
December 1994 Trafalgar House bid for Northern Electric.
March 1995 The regulator reopened the review; the first year's cut stood, with more to follow from 1996.
July 1995 Revised proposals: a further cut from 1 April 1996 and the uprate cut from 50% to 15%.
October 1995 Scottish Hydro-Electric's control modified after the Commission's report.
April 2000 Controls revised again in the next review (the third article in this series).

Sources: Littlechild (2024); OFFER, February 1998 consultation; OFFER, July 1998 consultation.

Key takeaways

What was the 1995 electricity distribution price control review?

The 1995 review was the first full reset of the distribution price controls after privatisation, replacing the initial 1990 controls from 1 April 1995. It covered the twelve Regional Electricity Companies in England and Wales and was run by the electricity regulator at the time, the Office of Electricity Regulation (OFFER, later replaced by the current Ofgem), under its Director General, Professor Stephen Littlechild.

The initial controls set by the Government at privatisation ran for five years until 31 March 1995. The review process changed the shape of the control, cut charges in real terms for the first time, and refined the method that later reviews would be based upon. It is the second of the numbered distribution price control reviews.

Why did the 1990 controls need resetting?

The 1990 controls needed resetting because they had been set too generously, and the companies had turned out far more profitable than expected. The initial caps allowed distribution charges to rise by inflation plus a company-specific figure, on average about 1.1% a year in real terms, with some companies allowed up to 2.5%.

Costs then fell faster than those caps had assumed, and profits rose sharply. From the first months after flotation, the press and Parliament pressed the regulator to intervene early. In March 1992, a parliamentary committee called on the regulator to review the controls before the planned 1995 date, in view of the high profits the companies were making. The regulator declined to reopen the initial controls early, on the view that tearing up the five-year settlement would undermine the incentive to cut costs and would raise the cost of capital for the whole regime. Instead, he waited for the scheduled review set to 1995.

What did the switch to RPI minus X actually mean?

The switch meant that distribution charges would fall, rather than rise, in real terms. The 1990 formula for nominal charge increases was defined as RPI plus X, with X set individually for each company, between 0 and 2.5 percentage points, which let charges grow at an annual rate above inflation. The 1995 controls changed to RPI minus X, with X initially set at 2%, so charges rose by less than inflation and therefore fell in real terms each year.

Figure 1: From real price rises to real price cuts. Ongoing annual change in distribution charges, in real terms

The price control review went beyond changing the sign of the X factor. It combined the annual real reduction in prices with a one-off cut in the starting price for the period. This meant that some of the price increases observed in the previous five years were cut back, and the lower prices were then allowed to grow at the RPI minus 2% annual rate. For customers, that was the first time the networks had been made to reflect the gains from falling costs in their prices.

How big were the first price cuts?

The first cuts were large one-off reductions, set in three bands: 11% for three companies, 14% for six companies and 17% for three companies, from 1 April 1995.

Figure 2: The first one-off cuts, from 1 April 1995. One-off reduction in distribution charges, by band of companies

Followed by a 2% a year real reduction for the next four years

Source: Littlechild (2024), OFFER August 1994 proposals.

The regulator banded the companies into three groups rather than setting a separate figure for each, partly because the underlying model could not bear the weight of twelve precise numbers, and partly because a company grouped with others was less likely to challenge its own cap. The proposals are estimated to have saved over 2.5 billion pounds to customers between 1995 and 2000. In total revenue reduction, they were tougher than the price control on any other regulated company at the time, and far tougher than the RPI plus X caps they replaced.

Table 2: The one-off cuts of August 1994, by band

One-off cut Number of companies Annual reduction
11% 3 2% a year real reduction for four years
14% 6
17% 3

Source: Littlechild (2024), OFFER August 1994 proposals.

How did the regulator decide the numbers?

The regulator set the control using a building-block method, choosing the value of X so that allowed revenue over the period covered a return on the value of the assets, the depreciation of those assets, and efficient operating costs. This was a change from the first price control, which had determined numbers mainly by testing financial ratios and was more focused on not constraining investments than strictly driving efficiency.

Three inputs did most of the work: Operating costs were assumed to fall by about 3% a year, drawing on benchmarking and comparison across the twelve companies; Capital spending was accepted subject to reductions of up to 25%; and the asset base started from each company’s flotation value, raised by an uprate and added to by investment since flotation. The return on the asset base was calculated as a real pre-tax cost of capital of about 7%.

Table 3: The August 1994 proposals at a glance

Element What the review used
Form of control RPI minus X
One-off cut from 1 April 1995 11%, 14% or 17%, by band
Ongoing reduction 2% a year for four years
Operating costs Assumed to fall about 3% a year
Capital spending Accepted subject to cuts of up to 25%
Asset base Flotation value plus a 50% uprate, plus net investment
Real pre-tax cost of capital Approximately 7%

Source: Littlechild (2024), OFFER August 1994 proposals, paragraphs 5.64 to 5.65.

Why were the August 1994 proposals seen as too soft?

The proposals were judged too soft mainly because share prices rose after they were published, which suggested to onlookers that companies had gained at customers’ expense. Earlier in the review a confidential letter with much harsher assumptions had leaked, so the market had been expecting a far tougher control. When the final proposals turned out milder than the leak, shares surged, and the reaction was read as a sign of leniency.

The regulator’s own view was different. On his analysis, the new control was sound looking forward, and the share-price rise reflected the removal of uncertainty and the growing recognition of value from other sources, including the previous period’s profits and the prospect of takeovers, rather than a giveaway in the new control. According to him, cutting future charges to claw back past profits would have been a retrospective step, at odds with the incentive approach.

What was the Northern Electric bid, and why did it matter?

In December 1994, Trafalgar House bid for Northern Electric, one of the smaller companies and one of the three facing the largest 17% cut in their initial price base. In an effort to resist the bid, Northern promised its shareholders a package worth about 560 million pounds, through special dividends, a bonus share and its share of the proceeds from the sale of National Grid. However, the Shareholders were not convinced and approved the deal.

The bid for Northern Electric mattered because a company’s own defence document put a number on how much value the networks still held, at the worst possible moment for the regulator. For a company that the Government had sold a few years earlier for a few hundred million pounds, a defence on that scale looked, to critics, like proof that the review had left too much with shareholders. The press turned sharply on the regulator, and several newspapers called for his resignation. The bid also signalled that more takeovers would follow, which pushed share prices higher again and kept the issue alive.

Why did the regulator reopen the review?

The regulator reopened the review because he judged that the agreed control could not survive the loss of confidence around it, and that reopening it once was better than implementing it and having to reset it later. On 7 March 1995 he announced that he would reconsider the control. The first year’s cut, already agreed, would take effect from 1 April 1995, and he would look again at whether to tighten the control further from 1 April 1996.

Figure 3: The view that cut charges twice. Real reduction in distribution charges, by year

Added in the March 1995 reopening

Source: Littlechild (2024); cross-checked against OFFER, July 1998 consultation.

Reopening a price control after the final consultation was highly unusual, and it drew heavy criticism from investors. On the day of the statement, the companies’ shares fell by approximately 20% on average, illustrating the increase in perceived risk by the investors. In the revised proposals of July 1995, the regulator added a further one-off cut, averaging about 11.5% from 1 April 1996, on top of the 2% annual reduction.

Why was the asset base increase cut from 50% to 15%?

The asset-base uprate was cut because it was the cleanest way to tighten the control without reopening the cost and efficiency numbers, and because it was consistent with the recent MMC ruling on the Scottish Hydro-Electric’s appeal to its price control. The August 1994 proposals had raised each company’s flotation value by 50% to set the asset base, chiefly to reflect a fall in the cost of capital since flotation. In the reopening, that uprate was cut to 15%.

Figure 4: The uprate on flotation value, cut in the reopening. Percentage added to flotation value to set the asset base

The logic of the original uprate was specific. After flotation, the dividend yield, a rough proxy for the cost of capital, was about 7.3%. By the summer of 1994, it had fallen by approximately a third, to 4.8%. A fall of a third in the cost of capital needs an uprate of about 50% in the asset base to leave the same earnings stream. Cutting the uprate from 50% to 15% reduced the final asset base by around 1 billion pounds, and it was the single change that did most to make the reopened control tougher.

What legacy did the 1995 review leave?

The 1995 review left the method that every later price control in England and Wales has used, and a hard lesson about the politics of regulation. Its building-block approach, with a return on a regulatory asset base plus depreciation and efficient costs, was also used by the MMC in its 1995 report on Scottish Hydro-Electric’s appeal, and it became the standard model for energy, water and other regulated networks.

The review also significantly cut charges. Distribution charges by 1998 (post re-opened review) were about 25% lower in real terms than in 1994/95. Finally, it also showcased how far public and political pressure could push a regulator, a tension that runs through the review that followed it in 2000 and through every price control since.

References

  1. Ajayi, V., Anaya, K., & Pollitt, M. G. (2021). Incentive regulation, productivity growth and environmental effects: The case of electricity networks in Great Britain (Working Paper No. 012). The Productivity Institute. https://www.productivity.ac.uk/wp-content/uploads/2021/11/WP012-Incentive-regulation-productivity-growth-and-environmental-effects-electricity-FINAL.pdf  Working paper cross-checking the numbering of this review as the second distribution price control review.
  2. Littlechild, S. (2024). Incentive regulation from the inside: Resetting 12 RPI-X price caps in 1993–1995. Review of Industrial Organization, 65(2), 375–430. https://doi.org/10.1007/s11151-024-09980-y  First-hand account by the regulator who set the controls, quoting the OFFER 1994 and 1995 proposals directly. The main source for this article.
  3. Office of Electricity Regulation. (1998a, February). Reviews of Public Electricity Suppliers 1998 to 2000 [Consultation paper]. https://www.ofgem.gov.uk/sites/default/files/docs/1998/02/review-of-pess-1998-to-2000-consultation-28-02.pdf  Confirms the timeline: proposals in August 1994, revised in July 1995, Scottish proposals in September 1994, and Scottish Hydro-Electric modified in October 1995.
  4. Office of Electricity Regulation. (1998b, July). Reviews of Public Electricity Suppliers 1998 to 2000: Price controls and competition [Consultation paper]. https://www.ofgem.gov.uk/sites/default/files/docs/1998/07/price-controls-and-competition-a-consultation-paper-29-07.pdf  OFFER’s own later account. Used to cross-check the 1995 and 1996 price reductions, distribution business profitability, and the cut in the asset-base uprate from 50 to 15 per cent.
  5. Ofgem. (2009, February). RPI-X@20: History of energy network regulation [Supporting paper]. https://www.ofgem.gov.uk/sites/default/files/docs/2009/02/supporting-paper---history-of-energy-network-regulation-final.pdf  Source for the numbering of the reviews and the merger of the Office of Electricity Regulation into Ofgem.

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Electricity distribution privatisation in Great Britain: the Electricity Act 1989 and the initial price controls

Great Britain privatised electricity distribution in 1990, not 1989. The twelve Regional Electricity Companies were sold that December at 240 pence per share, with Retail Prices Index plus X price controls already written into their licences.

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