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12.5 Recommended Changes to the Legal, Institutional, and Regulatory Framework The legal, institutional, and regulatory framework in Dominica should be updated to prepare the island for the introduction of geothermal generation. Having an independent economic regulator makes Dominica’s legal, institutional, and regulatory framework better placed to govern geothermal generation than that of other countries in the OECS. This will allow Dominica to make the necessary changes to the tariffs more easily. However, to prepare the legal, institutional, and regulatory framework for geothermal generation, the government should at least do the following: • The IRC should be trained on how to incorporate geothermal generation in the regulation. The IRC’s decision on the Tariff Regime for Dominica Electricity Services Ltd. 2009/004/D establishes the tariff- setting mechanism. It allows the IRC to set tariffs and will require that DOMLEC submit a detailed Rate Design Application in the upcoming years. The IRC should receive training on geothermal generation so it can assess the portion of DOMLEC’s rate application dealing with its geothermal PPAs and make a better tariff decision. The IRC should set a tariff that allows DOMLEC to recover the full cost of service, regardless of the fuel or technology used for generation. • Dominica should establish a clear framework governing geothermal resources. Dominica should have a legal framework that assigns ownership of geothermal resources, establishes a process for granting license to develop geothermal resources, and assigns responsibility for monitoring geothermal resources to a government body. One way to establish this framework is to approve the Geothermal Resources Development Bill (2013). This bill will establish the legal framework for exploring and developing geothermal resources. Another way to address some of these changes is to establish regulation through contracts. For example, the agreements between the government and the private partners could include obligations that ensure the protection and sustainable development of the geothermal resource. The agreement could mandate that an independent expert carry out periodic evaluations to monitor the environmental impact of the power plant. The IRC can then monitor the SPV’s compliance with contractual obligations. Any dispute arising from failure to adhere to contract obligations could then be handled by a regular court, an administrative court, or a special expert panel as applicable. Establishing regulation through contracts would only serve as a short-term solution to prevent delays in project implementation. There are some regulatory functions that cannot be covered through contracts and for which regulations and laws will need to be established. For example, the government will still need to develop the process through which licenses to establish a geothermal plant are obtained. 12.6 Economic and Financial Analysis of the Geothermal Project In this section, we assess whether the two phases of the geothermal project in Dominica are economically and financially viable. We first perform a cost-benefit analysis for each phase to determine whether it generates net economic benefits to the country. We then use the discounted cash flow method to evaluate whether each phase of the geothermal project is financially viable to investors. We conclude that both phases of the geothermal project are economically and financially viable. Therefore, we recommend that the government and investors proceed with developing both phases. We present our analysis and results as follows: • Cost-benefit analysis (Section 12.6.1) • Financial analysis (Sections 12.6.2 and 12.6.3) 12.6.1 Cost-benefit analysis We perform a cost-benefit analysis to determine whether the two phases of the geothermal project are economically viable. We conclude that both phases of the geothermal project in Dominica are economically viable and increase social welfare. The present value of the net economic benefits of Phase 1 is positive and equal to US$50 million (see Figure 12.6). Similarly, the present value of the net economic benefits of Phase 2 is positive and equal to US$511 million. Therefore, the government and donors should proceed with developing both phases of the project. 116PDF Image | Unlocking Geothermal Power Eastern Caribbean Powerhouse
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