Sunday Times

Protracted legal battles loom for Eskom

- JANA MARAIS and LONI PRINSLOO

ESKOM is preparing for years of legal wrangling to recover costs incurred by the delays from key suppliers at Medupi, including French equipment manufactur­er Alstom and Hitachi Power Africa.

The utility awarded a R20billion contract for boilers to Hitachi and R13-billion for steam turbines and control and instrument­ation software to Alstom in 2007.

At the time, Medupi was expected to cost R87-billion. Now it has called performanc­e bonds on both contracts after the suppliers failed to meet crucial deadlines. Medupi’s costs are now estimated at R105-billion, excluding interest.

A standard feature in constructi­on contracts, a performanc­e bond is typically 10% to 15% of the contract price, placed by the contractor with a bank as guarantee. Eskom has called performanc­e bonds from both Hitachi and Alstom, but warned this week that refunds might be difficult to obtain.

Any refunds from contractor­s would take a “long time” because Eskom would have to deal with “massive legal contractua­l issues”, CEO Brian Dames said this week. The focus now was on finishing the station, although Eskom expected to be engaged in “tough legal issues for years to come”, he said.

Hitachi has already challenged Eskom in court. The bond will now be used to secure its performanc­e until the completion of the last unit.

This week, Hitachi said it had completed 97% of the work on Medupi’s unit 6 boiler and was on track to meet Eskom’s original December 2013 deadline.

Eskom drew 10% of Alstom’s R13-billion contract for Medupi in March. The company said the scale on which the control and instrument­ation system was being developed for Medupi was unpreceden­ted for both it and Eskom.

“The configurat­ion requested by Eskom is challengin­g and requires customisat­ion that is taking some time to develop,” said an Alstom spokesman.

In April, Eskom said Hitachi needed to repair 9 000 faulty welds from a total of about 53 000 on the boiler.

Alstom notified Eskom in December that its boiler protection system software was not oper- ating as planned.

During an April site visit with journalist­s following a work stoppage of several months, Eskom played down concerns over delays, saying Hitachi and Alstom, the two main contractor­s on site, had committed in writing to have the unit ready for so-called hot commission­ing by July.

This would have enabled synchronis­ation of the unit with the national power grid by December. The process has now been delayed by six months.

Paul O’Flaherty, who stepped down as Eskom’s financial director this week, said it was “highly unlikely” that there would be any power from unit 6 before July 2014.

Public Enterprise­s Minister Malusi Gigaba said he was “disturbed” by the further delays and admitted that there was inadequate front-end planning at Medupi.

The minister said senior stakeholde­rs and Eskom executives would be going to France to meet with high-level Alstom executives to get the project back on track.

Gigaba said the same measures would not be needed in dealing with Hitachi, because the contractor said it would still make the deadline.

Eskom has been accused of handling Hitachi with kid gloves

Medupi’s costs are now an estimated R105-billion

because the ANC’s investment arm, Chancellor House, owns a 25% stake in the local subsidiary. Hitachi Power Europe holds 70% and Makotulo Investment­s and Services 5%.

Makotulo’s directors are Susan Peiser and Seadimo Chaba, a businesswo­man who has held senior positions in Denel, the private sector and the Gauteng provincial government.

It remains to be seen how profitable Hitachi’s South African venture will be. Hitachi’s power systems segment reported a ¥33.9-billion (R3.4-billion) loss in the year to end March 2012, its latest available financial statements.

The loss is attributab­le to additional expenses and delays “related to difficulti­es experience­d with some boiler materials in overseas thermal power generation systems projects”, it said in its annual report, without providing specific details.

The controvers­ial Chancellor House deal, concluded in 2005, caused an outrage when it became public. Opposition parties, notably the Independen­t Democrats, lobbied internatio­nal financial institutio­ns, including the World Bank and African Developmen­t Bank, not to provide loans to Eskom given the ANC’s involvemen­t.

The World Bank approved a $3-billion loan for Medupi, despite the US, UK and the Netherland­s abstaining.

 ?? Picture: REUTERS ?? FAULTY TOWERS: Constructi­on delays at Medupi mean the power station in Lephalale will not begin producing electricit­y before late next year
Picture: REUTERS FAULTY TOWERS: Constructi­on delays at Medupi mean the power station in Lephalale will not begin producing electricit­y before late next year
 ??  ?? TOUGH TIMES AHEAD: Eskom CEO Brian Dames
TOUGH TIMES AHEAD: Eskom CEO Brian Dames

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