West Seti Hydel: Marred by controversy and conflict of interests
Written by By Indra Adhikari   
smaller text tool iconmedium text tool iconlarger text tool icon
By Indra Adhikari

In energy literatures, Nepal is consistently referred to as one of the biggest sources for hydro power generation in the world – some even claiming that this country ranks second in hydro potentiality with possible generation of over 80,000 MW.
 
On the contrary, the country has been reeling under acute electricity crisis for some time now. A major embarrassment for the government has been the criticism it has been facing for its failure to address this power crisis. Of course, a country with so much potentiality of hydropower living in darkness is quite an irony.
 
The successive governments after the country turned into a republic have given enough assurances to address the power crisis and closure of industries caused by it. The Maoist-led government announced to produce 10,000 MW in the next 10 years and its successor UML-led coalition expanded the limited to 25,000 MW. Similar assurances had surfaced following 1990-revolution.
 
Community consultation meeting jointly held by GoN and WSH at Deura, Bajhang District (Reservoir area) (7 December 2008)
Community consultation meeting jointly held by GoN and WSH at Deura, Bajhang District (Reservoir area) (7 December 2008)
The whole story of assurances on power shortages is vividly reflected in the present state of West Seti Hydro (WSH), the largest plant to this day receiving permission from the government. Leased for 30 years to an Australian company, the government had signed the agreement on condition to get 10 percent of the 750 MW power free of cost besides getting full ownership of the plant at the termination of contract.
 
The WSH even agreed for energy royalty of 2 percent of the total project revenue over the first 15 years and 10 percent thereafter, capacity royalty of Rs 100/kW per year for the first 15 years and Rs 1000/kW thereafter, export duty of 0.05 percent, forest leasehold and land taxes, corporate tax on profits and project dividends as a 15 percent shareholder.
 
In total, direct financial benefits that Nepal can receive during the operation period would be around Rs 160 billion at the present market value.
 
However, few organisations, politicians and experts on water resources have challenged the construction of this mega project, whose 675 MW power will be exported to India. There are some genuine issues the experts have raised on how Nepal can benefit from the project. The major objections from the experts are sale of power to India when Nepal lives in dark and the possibility of water induced disaster if the reservoir storing 1600 million cubic meters of waters gets burst.
 
Recently, the Public Account Committee (PAC) objected to one of the clauses of agreement signed with the project. The draft of the agreement has a clause which states that the law of Britain will be applicable if any dispute surfaces regarding the project. "This is an objectionable clause for any country. Moreover since the government of Nepal itself is one of the parties to the agreement, it is unacceptable. Law of the land must be applicable," Dr Prakash Chandra Lohani, a member of the committee, had told media after the meeting that decided to ask government not to renew the license until the clause is amended.
 
On the one hand, claims by the water resource experts like Dr A. B. Thapa that the dam failure is very much possible owing to earthquake prone topography of the region cannot be adequately substantiated unless a geological survey is carried out in the area, and on the other hand objections by some other experts saying the agreement was inconsistent with Article 156 of Interim Constitution has been cancelled by the Supreme Court saying judicial review is not necessary in case of the project. They are in fact hurdles created for progress of the project.  
 
Following the recent decision by the PAC, Water and Energy Users’ Federation Nepal has filed a case at the Supreme Court seeking revision of its previous ruling stating that the apex court verdict was against national interests.
 
The interim constitution calls for two-third majority while deciding on natural resources and its distribution that are likely to have extensive, serious and long-term effect to the nation.
 
Surveyors Team conducting detail Transmission Line route survey along Budar- Bheemdattabagar section (18 May 2009)
Surveyors Team conducting detail Transmission Line route survey along Budar- Bheemdattabagar section (18 May 2009)
However, SC justices Anup Raj Sharma and Kalyan Shrestha in their verdict on September 9, 2008 indicated that the parliamentary approval for the project was not required as it did not involve distribution of the natural resources as the project would be handed over to the government after 30 years.
 
In the face of the continued controversy it seems that the project will probably face the fate of Arun III, which collapsed following the withdrawal of World Bank. Asian Development Bank is major investor for WSH.
 
No doubt, WSH will contribute to raising the living standard of this poorest region of the country. WSH surveys have mentioned a peak of 3,400 jobs will be created during the 5.5 years construction period and 200 jobs during the 25 year operating period in the far-western development region, education and development programmes in project affected areas, US $10 million infrastructure development programme for water supply, roads and rural electrification in project districts and an 8 MW riparian power station at the dam site will supply energy to the Nepal Electricity Authority for local communities as some of the benefits that Nepal gets..
 
Technology transfer, local business through linked industries and long term infrastructure are some other benefits that Nepal can receive from the project.
 
Solution

Nepal is in dire need of electricity and also foreign investment. Closure of the project is not in the interest of either party. Not to let the project face the fate of Arun III and leave Nepal in the darkness for years, a compromising solution is urgently necessary in case of WSH. Sure, investors cannot risk their investment while Nepal cannot ignore the national interest – both the parties should benefit from the optimum use of hydropower.
 
Nothing has been discussed – by government, investors and experts – about utislising the power in Nepal itself. Similarly, investors have the obligation to make a geological survey to inquire about the possible earthquake in the region and to ensure a standard dam that can resist even bad natural disaster to avoid any flooding in Terai region in the future. Similarly, it is the obligation of the government and the investors to channelise the water below the turbine for best utilisation into agricultural activities in Nepal.

If these issues are settled WSH is not a threat to development of the area as claimed by petitioner Ram Chandra Chataut, chairman of Federation of Water and Energy Consumers but an instrument to benefit Nepal technically and financially. This is a crucial test for the post-monarchy government to prove as efficient deliverer of assurances given to the people and meeting the forecast made to generate 25,000 MW of hydropower in the next one decade. Withdrawal of the investors from WSH is likely to discourage any other investors in Nepal’s projects. nepalnews.com

Readers are kindly requested to avoid using offensive language and also refrain from issuing threats to others.
+/-
Write comment
Name:
Email:
 
Title:
 
Please input the anti-spam code that you can read in the image.
+/- View Comments
Search
As postings are shown online immediately, please be warned of offensive comments
rabi, dhangadi   |113.199.151.xxx |2009-09-22 07:02:41
this is time to do for nation not for smec mafia and west seti hydro gang!!
bipen  - Nepal will loose   |113.199.145.xxx |2009-09-20 04:55:04
hello west seti and smek agents first read carefully west seti agreement and
than think how nepal is loosing its resources name of the so called development.
according to the project agreement and structure of west seti the project will
not displace india made kerosene and and home made candle. it will extend
indian kerosene market in nepal. go through west seti mechanism and than talk
MANUKSHYA!
gurungdamar  - of course it time   |86.96.228.xxx |2009-09-17 17:07:06
plz! wakeup everyone nepalese!
it's time to do something for our national and
our generation,y don't we use our sources
give tender to except INDIA for hydro
power project they couldn't favour to us they jealouse of development nepal
be
unite for this nepalses
Rain Gray  - Just Do It Nepal !   |75.56.193.xxx |2009-09-14 08:27:55
Come on guys! It's time to cut the greed and the political infighting. Grow up
and join the 21st century. Just do the geological survey and get on with it!
Otherwise better stock up on candles as your kids will be studying in the dark
for another 20 years.
abhishek  - Discrepancy   |202.51.72.xxx |2009-09-14 02:30:46
Quoting you;
"Not to let the project face the fate of Arun III and leave
Nepal in the darkness for years, a compromising solution is urgently necessary
in case of WSH."

If all the power generated will be transferred to india
we still will be in darkness sir.
Shashi Bhattarai   |113.199.188.xxx |2009-09-10 06:36:36
...
Law of Land for dispute resolution: It should be law of Nepal, this is what
every Nepali want!. Stakeholders of Nepal should be prepared to ure the WSH on
the risk of changing concession agreement at the mid way of operation of project
(within agreed period of 30 years). There may be other options, which are
agreeable to both the parties, like International Court of Justice. This issue
needs to be discussed and resolved.

On top of every thing, Time is flying !
Issues needs to be resolved now or as soon as possible.
It should also be noted
that WSH is less than 1% of potential of Nepal. We have still 98% of Hydropower
potential to harness, if it takes 10 years for 1%, it will be taking 9800 years
to utilize full potential of Nepal. Also do not forget Norway had explored its
100% potential may be 40 year ago !!!
Shashi Bhattarai   |113.199.188.xxx |2009-09-10 06:34:53
... use for further power generation, water supply, irrigation, navigation or
recreation etc.

Keeping Nepal out of Load Shedding: Keep open option to buy
energy by Nepal, as much as it can consume, at the rate WSH selling to PTCIL
(Power Trading Corporation of India Limited). There may be provision of seasonal
exchange of power with WSH. All possibilities and option to address this needs
to be discussed resolved as soon as possible.

Extreme Situation: Geological
and Hydrological: Thousand year return period of flood may come in the second
year or hundred second year, similar is the case for earthquake, no body knows,
its all statistical analysis. However, there should be internationally accepted
standard practice to be used in hydrological and geotechnical investigation.
This does not mean we should not go for a project because of extreme
situations.

Law of Land for dispute resolution: It should be law of Nepal,
th...
Shashi Bhattarai  - Infrastructure Planning and Management Engineer   |113.199.188.xxx |2009-09-10 06:24:43
Conflicts and controversy needs to be resolved, not to be magnified or shifted
!

There is always trade-offs in developing large projects, there exists
multiple conflicting objectives.

Time value of utilization of resources to be
considered highest, if we can not utilize now, we will never be able to
utilize.

Keeping all the benefits Nepal getting (as explained in the above
article) same, followings are the recommended ideas to address WSH conflicting
objectives between two parties (WSH and Nepal) creating win-win situations to
developer and Nepali people.

Downstream benefits: Nepal should be fully
prepared to best utilize the regulated water flowing out of WSH powerhouse
within the Nepali tertiary, there should be to restriction on the use of water
within Nepal territory (with exception of minimum downstream requirement by
international law, may be 10%). It is up to Nepal for best utilization of
regulated water...
bishwa  - SMEC is international MAFIA   |113.199.155.xxx |2009-09-10 03:21:37
bijuli sabai india pathaune ani nepal ma industrialization k bhutro le garne.
hoina khopadi ma gobar matra hudo raichha ki dalal haruko samanya manabiya chet
pani hunchha bhanya
pranab  - NOT TO SELL WEST SETI TO FOREIGHNER   |113.199.158.xxx |2009-09-10 00:59:08
himalay pane and surje nath upadhaya and so on are the main agent of SMEC. they
are trying to sell our west seti to the foreigners. SURYA NATH AND HIMALAYA ARE
MAIN DALAL. Corrupt Suryanath Upadhaya has earned in Mahakali irrigation project
and now in WEST SETI.STOP SELLING OUR RESOURCE !!!

3.26 Copyright (C) 2008 Compojoom.com / Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."