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ICRA Rating Feature
Indian port sector: Growth plans ambitious but uncertainty
hangs over implementation
Contacts                     SUMMARY OPINION
                              Cargo growth at Indian ports was moderate in 2010-11, with the
Anjan Ghosh                   overall increase in throughput at 4% year-on-year (yoy). This resulted
aghosh@icraindia.com          from the low growth in cargo volumes at the major ports (1.6% yoy
+91-22-30470006
                              increase) because of a significant reduction in volumes of iron ore, a
                              major cargo category, following Karnataka’s banning of iron ore
K. Ravichandran
ravichandran@icraindia.com
                              exports since August 2010. Cargo growth at the non-major ports
+91-44-45964301               however continued to be robust, with volumes increasing by 9% on
                              yoy basis. In market share terms, the non-major ports increased their
Neha Joshi                    share marginally from 34% of the total cargo in 2009-10 to 35% in
nehaj@icraindia.com           2010-11. The outlook for cargo growth remains favourable, given the
+91-124-4545309               robust domestic demand from key end-user industries. The main
                              cargoes, the volumes of which are expected to drive growth, include
                              coal; crude oil and containers. Accordingly, port ventures with an
                              exposure to these cargo categories stand to gain.
                              The last fiscal saw the completion of the first phase of some major
                              projects, including the mega container transhipment terminal at
                              Vallarpadam (Kochi), bulk terminals at Dahej; Mundra and Hazira (all
                              in Gujarat) while the first phase at Dhamra (Orissa), a greenfield port,
                              was completed in May 2011. These success stories notwithstanding,
                              progress on the award and execution of new projects at both the
                              major and non-major ports remained below par because of various




                                                                                                           September 2011
                              systemic impediments. With many of these hurdles yet to be
                              overcome and the backlog of projects being large, supply addition in
                              the port sector is expected to lag demand growth over the medium to
                              long term, resulting in high capacity utilisation for incumbents.

                              The regulatory and institutional environment in the Indian port sector
                              is currently undergoing changes with new laws and policy measures
                              being formulated. The National Maritime Agenda 2010-20 unveiled in
                              January 2011 outlines the framework for the development of the port
                              sector over the next decade and includes in its ambit capacity
                              creation projects (target capacity of over 3 billion tonnes by 2020 with
                              most of the projects being executed and funded by the private sector)
                              and certain policy related initiatives to improve the operating
                              efficiency and competitiveness of Indian ports. The Draft Port
                              Regulatory Authority Bill, 2011, inter alia seeks to bring tariffs and the
                              performance of non-major ports under regulatory purview, and these
                              proposals if accepted could have an adverse impact on the business
                              and financial risk profiles of non-major ports that have hitherto
                              enjoyed high pricing flexibility and operational freedom. This apart,
                              policies relating to regulation of monopoly in the port sector and
                              captive port projects, have been framed and certain initiatives have
                              been taken for improvement in the operating environment for the port
Website                       sector including review and proposed refinement of the Model
www.icra.in
                              Concession Agreement; review of the tariff setting process; and
                              facilitation of land acquisition through the Land Acquisition Bill 2011
                              amongst others.




ICRA Rating Services                                                                            Page 1
ICRA Rating Feature                                                                           Indian Port Sector


    While the favourable demand –supply scenario in the Indian port sector augurs well for industry
    participants, from a credit perspective ICRA believes that its rated portfolio of companies is faced with
    certain challenges the most prominent of which include: project execution risks given that many
    companies are in a moderate to large scale capital expenditure mode; the hardening interest rate
    environment; regulatory risks emanating from an evolving policy environment; cargo concentration risk
    particularly for entities having a high exposure to iron-ore cargo given the ongoing uncertainties on iron-
    ore mining activities in various states; possibility of temporary capacity overhang in some cargo
    segments and incremental risks associated with expansion in scope of business/inorganic growth.


Background
India’s long coastline of over 7,500 km is home to the country’s 13 major ports1 and around 200 non-major
ports located along the western and eastern corridors. While the number of non-major ports is large, only
about one-third of them undertake regular commercial operations; these ports are located mainly in
Gujarat, Andhra Pradesh, Goa, and Maharashtra. Since the last decade, the Indian port sector has been
witnessing certain structural changes, with state monopoly (viz. the major ports) gradually giving way to
greater private sector participation in port investment activity. The change is being driven by several
factors, including the large investments required to scale up port capacity, besides the need to improve
service levels and efficiency. Private participation in ports is also being facilitated by an open policy regime
(which, inter alia, allows 100% FDI investment in port projects and provides taxation benefits to players
investing in port infrastructure) and the prospects of robust returns on investment, given the favourable
long-term outlook for the sector. The trend is expected to gain traction with the major ports increasingly
moving to a landlord/asset ownership model, allowing the private sector a dominant role in capacity
additions and port services and operations. Further, considering the criticality of the port sector to overall
economic growth and to bring about an orderly development of the sector, some regulatory and policy
initiatives have also been taken of late, the most notable being the National Maritime Agenda 2010-20 and
the Draft Port Regulatory Authority Bill, 2011. While the policy measures augur well for the development of
the Indian port sector, at the ground level the gap between planning and implementation remains significant
because of various procedural and systemic issues; the resolution of these remains critical for the full
realisation of the sector’s potential.

Cargo Trends & Outlook
Cargo growth moderates in 2010-11 following decline in iron ore volumes: Cargo traffic at Indian
ports increased to 883 million tonnes (mmt) in 2010-11 from 850 mmt in 2009-10. The lower yoy increase
in cargo at 4% in 2010-11 (14% yoy growth in 2009-10) may be attributed partly to the larger cargo base
and partly to the low growth (2% yoy in 2010-11) in the volume of cargo handled by the major ports. The
weak performance of the major ports followed mainly the decline in volumes of one of the principal
commodities, iron ore, by 13% yoy to 87 mmt in 2010-11 from 100 mmt in 2009-10 with iron ore exports
being banned in Karnataka. The non-major ports on the other hand reported a 9% yoy increase in cargo
volumes and as a result gained market share (35% in 2010-11 as against 34% in 2009-10). Over the five-
year period from 2005-06 to 2010-11, cargo at Indian ports reported a 9% compounded annual growth rate
(CAGR), with the major ports achieving a CAGR of 6% and the non-major ports of 15% (refer Figures 1
and 2).




1
  The major ports include: Chennai, Ennore and Tuticorn (in Tamil Nadu); Cochin (in Kerala); Kandla (in Gujarat);
Kolkata (in West Bengal); Mumbai and Jawaharlal Nehru Port Trust [JNPT] (in Maharashtra); Mormugao (in
Goa); New Mangalore (in Karnataka); Paradip (in Orissa); Vishakhapatnam (in Andhra Pradesh) and Port Blair
(in the Andaman & Nicobar Islands).
ICRA Rating Services                                                                                     Page 2
ICRA Rating Feature                                                                                                            Indian Port Sector



      Figure 1: Cargo Volumes at Indian Ports                                 Figure 2: Trend in Cargo Growth

                                                                              40%
                      900                                                     35%
                      800                                                     30%
                                                                 289   314
                      700
                                                         213
  In Million Tonnes




                                               203                            25%
                      600              186
                               155                                            20%
                      500
                      400                                                     15%
                      300                      519       531     561   570    10%
                               424     464
                      200                                                     5%
                      100
                                                                              0%
                       -
                                                                                    2005-06     2006-07   2007-08   2008-09    2009-10   2010-11
                            2005-06 2006-07 2007-08 2008-09 2009-10 2010-11
                                                                                         Major Ports         Non-Major Ports        TOTAL
                                 Major Ports         Non-Major Ports


    Source: Industry Reports and ICRA’s Analysis                              Source: Industry Reports and ICRA’s Analysis

Among the major ports, Kandla in Gujarat continued to lead in terms of cargo volumes (82 mmt in 2010-11,
at 3% yoy growth) followed by Vishakhapatnam in Andhra Pradesh (68 mmt at 4% yoy growth). While
cargo volumes at all the major ports increased in 2010-11, although in single digits, the volumes at New
Mangalore and Paradip reported a dip of 11% and 2% yoy respectively, primarily because of their high
exposure to iron ore. Among the non-major ports, Mundra Port and Special Economic Zone Limited located
in Gujarat was the largest operator (52 mmt in 2010-11), followed by Essar Ports (40 mmt) which has two
facilities at Vadinar and Hazira , both located in the state of Gujarat.

By cargo mix, petroleum, oil & lubricants (POL)                                 Figure 3: Cargo Mix of Major Ports – 2010-11
continued to account for the largest share of 32% in
2010-11 (31% in 2009-10), followed by containers                                                       Coal, 13%
(20% against 18%). The share of iron ore dipped                                       Fertilisers &
                                                                                     Fertiliser Raw
from 18% to 15% of the total volumes over the                                         Materials ,                                           POL, 32%
same horizon while the share of coal remained                                              4%
stable at 13%. (Refer Figure 3 for the cargo
composition at major ports.)
                                                                                Iron-ore, 15%
Over the period April-July 2011, the major ports
have cumulatively handled cargo volumes of 193
mmt, which marks a 5% increase over the
corresponding previous. While volumes of iron ore                                      Other Cargo,                                         Containers,
                                                                                          17%                                                 20%
and fertilisers have seen a decline (12% and 46%,
respectively) during this period, the increase in
volumes of coal (20%) and fertiliser raw material                             Source: Industry Reports and ICRA’s Analysis
[FRM] (18%) have enabled an overall growth in
throughput.

ICRA’s view on cargo growth over the medium to long term remains positive based on the level of activities
in the key end-user industries. Going forward, growth of traffic at Indian ports is expected to be driven
mainly by higher volumes of coal (to meet the requirements of the large number of current and proposed
thermal power projects based on imported coal); containers (given the market under-penetration and
potential for cost savings); crude oil and POL (large upcoming refinery capacity); fertilisers (strong domestic
demand and low self-sufficiency); and steel (mega projects proposed in the eastern part of the country). In
line with the expected growth, most of the incremental investments in port capacity are being designed to
specifically service these cargo categories. In this regard, it may be noted that most of the expected traffic
growth in India is largely based on domestic demand drivers that are fundamentally stronger and more
stable compared with international trade related demand, which is a function of global conditions and may
be volatile and uncertain. This favourable demand environment is also expected to spur growth in various
port-related logistics and service activities although competitive pressures in these business lines would
remain high.
According to the estimates of the Ministry of Shipping (MoS), cargo volumes in India are expected to
breach the 1 billion tonne mark in the current fiscal (2011-12); the 2 billion tonne mark by 2016-17 (seven-
year CAGR of 13%); and 2.4 billion tonnes by 2019-20 (10-year CAGR of 11%). Growth at the non-major
ports is expected to outpace that at the major ports, with the former commanding a 51% share of the total
cargo in a decade’s time. By composition, coal (expected 10-year CAGR of 18%) and containers (expected

ICRA Rating Services                                                                                                                        Page 3
ICRA Rating Feature                                                                            Indian Port Sector


10-year CAGR of 15%) are expected to drive much of the growth, as Table 1 shows. Thus, port ventures
with a higher exposure to these cargo categories are favourably placed.

Table 1: Key Cargoes Categories—Projected Growth
Cargo Volumes            2009-10       2011-12       2016-17       2019-20      7-year CAGR        10-year CAGR
All Ports (mmt)          Actuals      Projected     Projected     Projected       (FY10-17)          (FY10-20)
Coal                        113          187            476          570             23%                18%
POL                         320          333            528          660              7%                 7%
Iron-ore                    149          156            228          259              6%                 6%
Containers                  116          148            384          486             19%                15%
Others                      151          208            403          520             15%                13%
TOTAL CARGO              850            1,032          2,019        2,495            13%                11%
Source: Maritime Agenda 2010-20

Supply side constraints persist with progress being tardy on proposed developments at major and
non-major ports: On the supply side, the Indian port sector has seen certain major milestones being
reached in the recent past, including the commissioning of the first phase of operations at: International
Container Transhipment Terminal, Vallarpadam; solid cargo port terminal, Dahej; coal terminal, Mundra;
bulk terminal, Hazira; and a greenfield port, Dhamra. On the award and bidding front for PPP projects at
major ports, there has been some progress with the finalisation of eight projects in 2010-11, although most
of these are spillovers from earlier years. However, these achievements notwithstanding, the gap remains
significant between the requirements/envisaged development of the port sector and the actual progress
made because of various systemic issues (refer Box 1). The ambitious National Maritime Development
Programme (NMDP) has failed to live up to expectations because of the absence of various enabling
factors and is due to complete its tenure in March 2012. To replace it, the MoS has formulated the Maritime
Agenda 2010-20, outlining the next decades’ programme for the development of the Indian maritime sector
(discussed later in this note). Similarly, the greenfield port ventures in the private sector have made slow
progress because of a host of problems at the bidding, pre-construction and post-completion stages, the
most prominent being delays in land acquisition and statutory clearances (coastal, forest, pollution and
environmental). For the full potential of the sector to be realised, ICRA believes the processes need to be
simplified and systemic bottlenecks cleared so that the proposal to implementation ratio improves.


                                    Box 1: PPP Projects Yet To Pick Up Pace

  PPP projects were introduced in the Indian port sector in the late 1990s to enable scaling up of capacity, given
  that the surplus with the major ports was inadequate for the incremental investments needed and reliance only
  on budgetary support for the required large-scale capital expenditures was unsustainable. Also, the involvement
  of the private sector was expected to result in improvements in the operating efficiency and performance
  standards of the major ports. Till March 31, 2011, a total of 29 PPP projects entailing a total investment of over
  Rs. 92 billion had been completed and were in operation at the major ports (includes both captive and
  commercial projects). The prominent commercial projects among these include: the Nhava Sheva Container
  Terminal at JNPT (commissioned in 1999); the third container terminal at JNPT (commissioned in 2006); the
  second container terminal at the Chennai port (commissioned in 2009); the recently commissioned facilities
  (2011) including an iron ore and a coal terminal at Ennore; and the ICTT at Cochin, Vallarpadam. Another 20
  projects entailing an investment of over Rs. 100 billion are under way at various major ports. These include:
  construction of offshore container berths and a BOT terminal at Mumbai (awarded in 2009); development of a
  container terminal at Ennore (awarded in 2010); three deep-draught berths at Paradip, including one each for
  coal and iron ore (both awarded in 2009), and the third for clean cargo including containers (awarded ion 2010);
  and two berths at the Vizag port for coal handling (awarded in 2011). Around 24 projects with a proposed outlay
  of Rs. 140 billion are currently in the planning/bidding stage, including the ones for the construction of a mega
  container terminal at the Chennai port and a fourth container terminal at JNPT. These are proposed to be
  finalised in the current year (2011-12), which appears somewhat unrealistic, considering the track record and the
  progress till date.

  Contd. on the following page




ICRA Rating Services                                                                                      Page 4
ICRA Rating Feature                                                                             Indian Port Sector



                                   Box 1: PPP Projects Yet To Pick Up Pace

Contd. from previous page

The progress of PPP projects in the Indian port sector has not been up to the mark because of various policy
related impediments, both at the pre- and post-award stages. In the pre-award stage, the problems initially arose
because of lack of clarity on the bidding framework, qualification criteria, and concession terms; these were later
resolved with the finalisation of model documents. In the bidding stage, the process has tended to be protracted
with the bureaucratic procedures at most major ports often leading to cancellations and re-bidding. Post-award,
there have been delays in execution because of the time taken to obtain environmental and other statutory
clearances. Post-commissioning, BOT terminals have had to face operational problems because of their high
dependence on the port trust for common facilities like capital dredging, pilotage and vessel movement; these
have had an adverse impact on their efficiency and competitiveness. Also, the tariff fixing methodology under
Tariff Authority for Major Ports (TAMP) has had a negative impact on the profitability and returns of PPP project
developers because of several factors. These include the lengthy process of tariff fixing and review; anomalies in
the tariff setting mechanism (like not allowing full pass-through of revenue share); low rate of allowed tariff
increase because of indexation to inflation; and uncertainty on whether the operator would be allowed a tariff
increase if its investment was higher than originally envisaged (because of changes in the scope of the project,
etc). Going forward, the success of the PPP framework in the port sector hinges on the way these issues are
addressed; some progress on this front has been made with certain regulatory and policy initiatives being taken
(refer following section).




Some institutional improvements initiated to clear bottlenecks: As a part of its efforts to improve the
institutional framework for PPP projects at major ports, the Central Government constituted a committee
under the Chairmanship of Mr. B.K. Chaturvedi in February 2010 to review and recommend revisions in the
Model Concession Agreement (MCA), which is the basic contractual framework governing the PPP model
in India. The key recommendations of the committee (made in September 2010) include the following:
     A three-pronged strategy may be adopted to improve the tariff setting mechanism as follows:
     streamlining TAMP procedures and building in-house capacity in the short term; delegating the tariff
     setting function to the respective port trusts over the medium term and allowing market forces to
     determine tariffs over the long term with the role of the port authorities being limited to oversight.
     The provision relating to a cap on number of applicants to be shortlisted for second stage bidding of
     PPP projects (generally six to seven) may be done away with as it unnecessarily prolongs the process;
     limits competition and frequently results in litigations.
     The environmental clearance process may be simplified in order to speed up project execution.
     The performance requirement relating to ‘Minimum Guaranteed Cargo’ (MCG) as prescribed in the
     MCA may be replaced with ‘Minimum Guaranteed Revenue’ (MRG). As per current provisions the
     failure to meet MCG requirement can trigger termination of the contract. In order to provide some
     flexibility to the private party in handling business in accordance with the changing trade patterns and
     business requirements it is felt that MRG is a better criterion than MCG.
     The bar for invocation of conflict of interest clause with respect to shareholding pattern of BOT projects
     may be raised from 5% as of now to 25%.

Apart from the above, the recommendations also seek to provide clarity on certain issues in order to limit
the port trusts liability like method of determination of total project cost which has implications for
termination and other payments to concessionaire and protection from risks arising from inadequacy of
tariffs due to errors in projections/estimates and/or order of TAMP.

Further, the Land Acquisition, Rehabilitation and Resettlement Bill 2011 recently approved by the Union
Cabinet, seeks to remove impediments in the way of land acquisition by empowering the government to
acquire land on behalf of private parties taking up public-purpose projects like those in railway, port, and
power sectors. However, given the market value based compensation payable to landowners, the cost of
greenfield port projects would go up moderately as ports require large tracts of land (typically 1,000-2,500
acres) for storage areas, loading/unloading facilities and evacuation infrastructure. While ICRA does not
expect the viability of port projects to be adversely impacted by the additional land cost, as that would be
governed more by other strategic considerations such as cargo potential, extent of handling infrastructure,
and draught, the higher land cost is likely to lead to higher capital intensity, which in turn would lead to
some moderation in the return on capital employed.
For TAMP based tariff related grievances, in response to the industry’s plea, the MoS has recently
appointed The Energy and Research Institute (TERI) to review the existing tariff design philosophy and
recommend a new model. ICRA also notes that the government-appointed Committee on National


ICRA Rating Services                                                                                       Page 5
ICRA Rating Feature                                                                                                              Indian Port Sector


Transport Development Policy under the chairmanship of Mr. Rakesh Mohan is expected to review the
existing PPP framework and if required suggest ways of modifying it further.

National Maritime Agenda 2010-20 unveiled: On January 13, 2011, the MoS outlined its 10-year plan for
the development of the Indian maritime sector under the Maritime Agenda 2010-20. The salient features of
the agenda with reference to the port sector are discussed here.

Scale and scope of port sector projects: The Maritime Agenda envisages a cumulative investment of
around Rs. 2,774 billion in the port sector over the next 10 years in three phases. The non-major ports are
expected to account for 61% of the proposed investment, and the major ports for the rest. Capacity
expansion by way of construction of new berths and jetties accounts for 65% of the total outlay, and other
support works for the rest (refer Figure 4).

  Figure 4: Details of Proposed Investment Outlay under Maritime Agenda 2010-20


         Phase-wise Outlay                                 Outlay by Port Category                                       Nature of Outlay
                                                                                                     Connectivity                            Channel
 Phase 3                  Phase 1                                                                     works, 5%       Others                deepening
(2017-20),               (2010-12),                                                  Major Ports,                   works, 17%
                                             Non- Major                                                                                      etc, 7%
                            23%                                                         39%
   21%                                       Ports, 61%
                                                                                                    Equipment
                                                                                                     etc, 5%




                                 Phase 2
                                                                                                                                               Construction
                                (2012-17),
                                                                                                                                                of berths
                                   56%
                                                                                                                                                etc, 65%
                                                           TOTAL OUTLAY: Rs 2,774 billion
Source: Maritime Agenda 2010-20

With the envisaged capital expenditure being made, the capacity of the port sector would likely increase to
over 3 billion tonnes by 2019-20; the non major ports would account for 53% of the enhanced capacity and
the major ones for the rest 47%. The projected capacity expansion and the expected cargo growth would
bring down the utilisation levels at the major ports from the current 90% levels to around 80%, paving the
path for better service. (Refer Table 2 for projected cargo and capacity details.)

Table 2: Projected Cargo and Capacity Scenario
In Million Tonnes                                         2011-12              2016-17                   2019-20
Major Ports
Cargo                                                      630                   1032                       1215
Capacity                                                   741                   1328                       1460
% Utilisation                                              85%                   78%                        83%
Non-Major Ports
Cargo                                                      403                   988                        1280
Capacity                                                   499                   1264                       1670
% Utilisation                                              81%                   78%                        77%
Cumulative
Cargo                                                      1032                  2019                       2495
Capacity                                                   1240                  2592                       3130
% Utilisation                                              83%                   78%                        80%
Source: Maritime Agenda 2010-20

The funding of the projects envisaged under the Maritime Agenda is expected to be done primarily by the
private sector. In the case of the major ports, of the total envisaged investment of Rs. 1,095 billion over a
10-year period, around 33% is expected to come from internal sources and Budgetary support, and the
bulk 67% from private sector investment (by way of PPP projects). For non-major ports, of the total outlay
of Rs. 1,700 billion, 97% would come via private funding and the rest 3% from internal sources and
Budgetary support.




ICRA Rating Services                                                                                                                        Page 6
ICRA Rating Feature                                                                            Indian Port Sector



Policy related initiatives: Apart from investments in capacity creation, the Maritime Agenda also
envisages certain policy related improvements aimed at strengthening the port sector. The prominent
among these include the following:
    Major ports to be turned into landlord ports completely by 2020 with their role being to provide the port
    infrastructure, while operations and services would be provided by the private sector participants.
    Major ports to be corporatised, beginning with JNPT in the first phase. Deserving ports to be
    considered for Navaratna or Mini-ratna status. Further, major ports to be given substantial autonomy in
    functioning; professional management to be inducted and greater reliance to be placed on market
    funding instead of government support.
    TAMP guidelines to be reassessed and modified in 2010-11.
    Key policies and framework agreements to be reviewed periodically and modified from time to time
    including the policy for land use; model documents like RFQ, RFP, and MCA and the guidelines for
    fixing of tariffs.
    Regulator to be established to oversee the activities and tariffs of the non-major ports.
    Greater focus to be placed on environmental aspects and an environment clearance mechanism to be
    instituted to expedite progress of projects.
    Hub ports to be developed to receive 13,500+ TEU2 containerships; at least two such hubs to be
    established on the eastern coast (Chennai and Visakhapatnam) and two on the west coast (Jawaharlal
    Nehru and Cochin ports).
    A specialised Maritime Finance Corporation to be formed with the equity of ports and financial
    institutions to appraise and fund port projects, given their specialised nature and requirements.
    A special purpose vehicle, Indian Ports’ Global, to be set up to make investments in ports overseas.
    A monitoring and feedback mechanism to be instituted to track progress at the level of the ports and at
    the government‘s level so that timely action on slippages in progress and implementation can be taken.

While the Maritime Agenda, like its predecessor NMDP, has a broad vision, the capacity projections that it
makes would be achieved only if the various impediments in the way of project execution are removed
expeditiously. In principle, the suggested policy measures augur well for the development of the port
sector, but it is the implementation aspect that would have to be watched closely.

Evolving regulatory environment poses event risk: On the regulatory front, over the last one year there
have been some developments that seek to shape the future competitive landscape for the port sector. The
Draft Port Regulatory Authority Bill 2011 has been made public and the MoS has sought comments on the
draft from various stakeholders. The Bill, inter alia, seeks to bring the functions of tariff setting and
performance monitoring for the non-major ports under the ambit of the respective State port regulatory
authorities. The rationale behind this is to provide a level playing field to all players, the major ports and the
non-major ones, which is not the case at present: now, the major ports function under a highly regulated
environment even as the non-major ports enjoy a high degree of regulatory freedom and pricing flexibility.
Thus, if enacted, the Bill would have significant implications particularly for the non-major ports as they
would lose the flexibility to set tariffs (currently a function of capital costs, operational capabilities, and
market competiveness) and may have to follow a cost plus return based approach (which the major ports
do) or some other approach specified by the regulator. Further, regulatory tariff setting and revision being
cumbersome and time consuming processes (going by the experience of the major ports) and vulnerable to
mismatches between revenue and cost increases, the profitability and returns on investment of the non-
major ports could come under pressure in a tightly regulated environment. Moreover, with the performance
of the non-major ports also intended to be brought under the scrutiny of the regulatory authority, with
penalties being imposed on defaults and violations, the operating freedom of the non-major ports could get
constrained and business and financial risks could increase. At present, there are various grey areas on
the modalities of implementation of the Bill, apart from opposition from the various affected parties, both of
which are likely to delay its implementation.

Apart from the above, another recently formulated policy is the Policy for Prevention of Monopoly at Major
Ports, 2010, which seeks to restrain operators with existing facilities at a port from bidding for similar
terminal development projects within the same port and/or within a radius of 100 km of it. The intention is to
allow development of healthy market competition and prevent capacity concentration, which may impact
pricing and performance standards. Further, a Draft Captive Policy 2011 has recently been formulated,
which seeks to allow major port users (port-based industries) to set up their own dedicated berths at the
major ports on a nomination basis. This could potentially jeopardise the business prospects of the nearby
private terminals that have been set up on a BOT basis and is being seen by the incumbent terminals as a




2
  Twenty foot equivalent unit
ICRA Rating Services                                                                                      Page 7
ICRA Rating Feature                                                                          Indian Port Sector


breach of the concession agreements already signed, which normally give a grace period3 for setting up the
next competing terminal.

The evolving regulatory environment thus presents quite a few challenges and risks for the industry
participants and would be a key event risk from a credit perspective.

Key credit challenges for ICRA-rated port companies: While the favourable industry conditions are a
credit positive, ICRA believes that its portfolio of rated companies is faced with certain challenges which
present a downside risk. For port companies in the midst of medium to large scale capital expenditure
programmes4, managing project execution risks, and pressure on capital structure and returns would be
critical. The financial metrics of these companies could come under stress in the event of substantial delays
in project execution; cost overruns and mismatches between commencement of debt repayments and
revenue generation. Further, the rising interest rate scenario is an additional challenge for developers of
new projects, and would test their ability to secure debt funding, maintain project viability, and service debt.
ICRA also notes that the business risk profile of some of the rated port players is exposed to high cargo
concentration risk because of the cargo specific nature of their handling facilities and/or high dominance of
particular cargoes in overall volumes. This increases their vulnerability to downturns in trade flows and/or
regulatory changes that may impact particular cargoes (like the ban on iron ore exports in Karnataka and
uncertainty on mining contracts in Goa). Moreover, incremental business and financial risks may be
associated with port companies expanding their scope of business to investments in other port ventures, in
India or overseas. Further, some cargo segments like containers may be exposed to risks of temporary
supply overhang because of the bunching of capacities in close proximity which could prolong the gestation
period and impact returns on investment.

Conclusion
The demand-supply balance in the Indian port sector is expected to remain favourable over the medium to
long term, given the strong demand situation and the significant slip-ups in capacity addition because of
various systemic and procedural hindrances. As for the Maritime Agenda 2010-20, while the programme
outlines ambitious plans for the development of the port sector, the extent to which these can be realised
will hinge on the structural and systemic improvements made. On the regulatory front, some changes are
being made, and these could have a bearing on the business and financial risk profiles of the industry
participants and pose event-based risks. From a credit point of view, other key risks for ICRA-rated
universe of port companies include that of time and cost over-runs on ongoing and proposed capital
expenditure programmes; tight interest rate environment; high cargo concentration; expected temporary
over capacity in some segments like containers and significant expansion in scope of business/ inorganic
growth activities.



                                                                                             September 2011




3
    normally 5-6 years from COD or achievement of 60% capacity utilisation, whichever is earlier
4
  Within the universe of ICRA-rated port companies, the following are in the capital expenditure mode: The
Dhamra Port Company Limited; Adani Petronet (Dahej) Port Private Limited; Krishnapatnam Port Company
Limited; Sical Iron Ore Terminals Limited; and Mundra Port and Special Economic Zone Limited; Kakinada
Seaports Limited; and Chennai International Terminals Private Limited.

ICRA Rating Services                                                                                    Page 8
ICRA Rating Feature                                                                          Indian Port Sector


ANNEXURE: ICRA’S Portfolio of Rated Port Sector Entities

Company                                                              Ratings Outstanding*
Port Companies
Mundra Port and Special Economic Zone Limited                        LAA@ and A1+@
Ennore Port Limited                                                  LA (Stable)
Mormugao Port Trust                                                  LA (Stable)
Kakinada Seaports Limited                                            LA- (Stable) and A2+
Krishnapatnam Port Company Limited                                   LBBB (Stable)
The Dhamra Port Company Limited                                      LBBB+@ and LBBB@
Adani Petronet (Dahej) Port Private Limited                          LBBB- (Positive)

Port Terminal Operators
TM International Logistics Limited                                   IrAA- (Stable)
Chennai International Terminals Private Limited                      [ICRA]AA (SO) (Stable) and [ICRA]A1
Nhava Sheva International Container Terminal Private Limited         LA+ (Stable) and A1+
Chennai Container Terminal Private Limited                           LA (Stable) and A1
Mundra International Container Terminal Private Limited              LA (SO) (Stable) and A2
Sical Iron Ore Terminals Limited                                     [ICRA]BB+ (Negative) and [ICRA]A4+
International Seaports Haldia Private Limited                        LBBB+ (Stable) and A2+
Vizag Seaports Limited                                               LBBB- (Stable)
Ennore Tank Terminals Private Limited                                A4+

Port Service Providers
Ocean Sparkle Limited                                                [ICRA]A+(Stable) and [ICRA]A1
Seabird Marine Services Private Limited                              LA (Stable) and A1
Sealion Sparkle Maritime Services Limited                            [ICRA]A- (Stable)
Sealion Sparkle Port & Terminal Services (Dahej) Limited             [ICRA]A- (Stable) and [ICRA]A2+
IMC Limited                                                          A2+
Polestar Maritime Limited                                            LBBB
TM Harbour Services Private Limited                                  LBBB(Stable) and A3+
International Seaport Dredging Limited                               LBBB- (Stable) and A3
Adani Logistics Limited                                              LBBB- (Stable)
Navkar Corporation Limited                                           LBBB- (Stable)
Pipavav Railway Corporation Limited                                  LBB+ (Stable)
Saurashtra Containers Private Limited                                LC
Triway Container Freight Station Private Limited                     LB
*As on September 26, 2011
Note: “@” indicates Rating Watch with Negative Implications
^SO indicates Structured Obligation

It may be noted that with effect from June 15, 2011, pursuant to SEBI directions, ICRA has revised its rating
symbols and definitions. Each of the previous Rating Symbols now corresponds to a new one with [ICRA] as the
prefix. A switch from a previous Rating Symbol to a new one of the same level is not to be construed as a change
in Rating.




ICRA Rating Services                                                                                    Page 9
ICRA Rating Feature                                                                                  Indian Port Sector




                                             ICRA Limited
                                   An Associate of Moody’s Investors Service

                                        CORPORATE OFFICE
           Building No. 8, 2nd Floor, Tower A; DLF Cyber City, Phase II; Gurgaon 122 002
                             Tel: +91 124 4545300; Fax: +91 124 4545350
                                            Email: Website: www.icra.in

                                       REGISTERED OFFICE
          1105, Kailash Building, 11th Floor; 26 Kasturba Gandhi Marg; New Delhi 110001
                          Tel: +91 11 23357940-50; Fax: +91 11 23357014


Branches: Mumbai: Tel.: + (91 22) 24331046/53/62/74/86/87, Fax: + (91 22) 2433 1390  Chennai: Tel + (91
44) 2434 0043/9659/8080, 2433 0724/ 3293/3294, Fax + (91 44) 2434 3663  Kolkata: Tel + (91 33) 2287 8839
/2287 6617/ 2283 1411/ 2280 0008, Fax + (91 33) 2287 0728  Bangalore: Tel + (91 80) 2559 7401/4049 Fax +
(91 80) 559 4065  Ahmedabad: Tel + (91 79) 2658 4924/5049/2008, Fax + (91 79) 2658 4924  Hyderabad:
Tel +(91 40) 2373 5061/7251, Fax + (91 40) 2373 5152  Pune: Tel + (91 20) 2552 0194/95/96, Fax + (91 20)
553 9231


© Copyright, 2011, ICRA Limited. All Rights Reserved.

Contents may be used freely with due acknowledgement to ICRA.

ICRA ratings should not be treated as recommendation to buy, sell or hold the rated debt instruments. ICRA ratings are
subject to a process of surveillance, which may lead to revision in ratings. Please visit our website (www.icra.in) or
contact any ICRA office for the latest information on ICRA ratings outstanding. All information contained herein has
been obtained by ICRA from sources believed by it to be accurate and reliable. Although reasonable care has been taken
to ensure that the information herein is true, such information is provided ‘as is’ without any warranty of any kind, and
ICRA in particular, makes no representation or warranty, express or implied, as to the accuracy, timeliness or
completeness of any such information. All information contained herein must be construed solely as statements of
opinion, and ICRA shall not be liable for any losses incurred by users from any use of this publication or its contents.




ICRA Rating Services                                                                                           Page 10

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Indian Port Sector

  • 1. ICRA Rating Feature Indian port sector: Growth plans ambitious but uncertainty hangs over implementation Contacts SUMMARY OPINION Cargo growth at Indian ports was moderate in 2010-11, with the Anjan Ghosh overall increase in throughput at 4% year-on-year (yoy). This resulted aghosh@icraindia.com from the low growth in cargo volumes at the major ports (1.6% yoy +91-22-30470006 increase) because of a significant reduction in volumes of iron ore, a major cargo category, following Karnataka’s banning of iron ore K. Ravichandran ravichandran@icraindia.com exports since August 2010. Cargo growth at the non-major ports +91-44-45964301 however continued to be robust, with volumes increasing by 9% on yoy basis. In market share terms, the non-major ports increased their Neha Joshi share marginally from 34% of the total cargo in 2009-10 to 35% in nehaj@icraindia.com 2010-11. The outlook for cargo growth remains favourable, given the +91-124-4545309 robust domestic demand from key end-user industries. The main cargoes, the volumes of which are expected to drive growth, include coal; crude oil and containers. Accordingly, port ventures with an exposure to these cargo categories stand to gain. The last fiscal saw the completion of the first phase of some major projects, including the mega container transhipment terminal at Vallarpadam (Kochi), bulk terminals at Dahej; Mundra and Hazira (all in Gujarat) while the first phase at Dhamra (Orissa), a greenfield port, was completed in May 2011. These success stories notwithstanding, progress on the award and execution of new projects at both the major and non-major ports remained below par because of various September 2011 systemic impediments. With many of these hurdles yet to be overcome and the backlog of projects being large, supply addition in the port sector is expected to lag demand growth over the medium to long term, resulting in high capacity utilisation for incumbents. The regulatory and institutional environment in the Indian port sector is currently undergoing changes with new laws and policy measures being formulated. The National Maritime Agenda 2010-20 unveiled in January 2011 outlines the framework for the development of the port sector over the next decade and includes in its ambit capacity creation projects (target capacity of over 3 billion tonnes by 2020 with most of the projects being executed and funded by the private sector) and certain policy related initiatives to improve the operating efficiency and competitiveness of Indian ports. The Draft Port Regulatory Authority Bill, 2011, inter alia seeks to bring tariffs and the performance of non-major ports under regulatory purview, and these proposals if accepted could have an adverse impact on the business and financial risk profiles of non-major ports that have hitherto enjoyed high pricing flexibility and operational freedom. This apart, policies relating to regulation of monopoly in the port sector and captive port projects, have been framed and certain initiatives have been taken for improvement in the operating environment for the port Website sector including review and proposed refinement of the Model www.icra.in Concession Agreement; review of the tariff setting process; and facilitation of land acquisition through the Land Acquisition Bill 2011 amongst others. ICRA Rating Services Page 1
  • 2. ICRA Rating Feature Indian Port Sector While the favourable demand –supply scenario in the Indian port sector augurs well for industry participants, from a credit perspective ICRA believes that its rated portfolio of companies is faced with certain challenges the most prominent of which include: project execution risks given that many companies are in a moderate to large scale capital expenditure mode; the hardening interest rate environment; regulatory risks emanating from an evolving policy environment; cargo concentration risk particularly for entities having a high exposure to iron-ore cargo given the ongoing uncertainties on iron- ore mining activities in various states; possibility of temporary capacity overhang in some cargo segments and incremental risks associated with expansion in scope of business/inorganic growth. Background India’s long coastline of over 7,500 km is home to the country’s 13 major ports1 and around 200 non-major ports located along the western and eastern corridors. While the number of non-major ports is large, only about one-third of them undertake regular commercial operations; these ports are located mainly in Gujarat, Andhra Pradesh, Goa, and Maharashtra. Since the last decade, the Indian port sector has been witnessing certain structural changes, with state monopoly (viz. the major ports) gradually giving way to greater private sector participation in port investment activity. The change is being driven by several factors, including the large investments required to scale up port capacity, besides the need to improve service levels and efficiency. Private participation in ports is also being facilitated by an open policy regime (which, inter alia, allows 100% FDI investment in port projects and provides taxation benefits to players investing in port infrastructure) and the prospects of robust returns on investment, given the favourable long-term outlook for the sector. The trend is expected to gain traction with the major ports increasingly moving to a landlord/asset ownership model, allowing the private sector a dominant role in capacity additions and port services and operations. Further, considering the criticality of the port sector to overall economic growth and to bring about an orderly development of the sector, some regulatory and policy initiatives have also been taken of late, the most notable being the National Maritime Agenda 2010-20 and the Draft Port Regulatory Authority Bill, 2011. While the policy measures augur well for the development of the Indian port sector, at the ground level the gap between planning and implementation remains significant because of various procedural and systemic issues; the resolution of these remains critical for the full realisation of the sector’s potential. Cargo Trends & Outlook Cargo growth moderates in 2010-11 following decline in iron ore volumes: Cargo traffic at Indian ports increased to 883 million tonnes (mmt) in 2010-11 from 850 mmt in 2009-10. The lower yoy increase in cargo at 4% in 2010-11 (14% yoy growth in 2009-10) may be attributed partly to the larger cargo base and partly to the low growth (2% yoy in 2010-11) in the volume of cargo handled by the major ports. The weak performance of the major ports followed mainly the decline in volumes of one of the principal commodities, iron ore, by 13% yoy to 87 mmt in 2010-11 from 100 mmt in 2009-10 with iron ore exports being banned in Karnataka. The non-major ports on the other hand reported a 9% yoy increase in cargo volumes and as a result gained market share (35% in 2010-11 as against 34% in 2009-10). Over the five- year period from 2005-06 to 2010-11, cargo at Indian ports reported a 9% compounded annual growth rate (CAGR), with the major ports achieving a CAGR of 6% and the non-major ports of 15% (refer Figures 1 and 2). 1 The major ports include: Chennai, Ennore and Tuticorn (in Tamil Nadu); Cochin (in Kerala); Kandla (in Gujarat); Kolkata (in West Bengal); Mumbai and Jawaharlal Nehru Port Trust [JNPT] (in Maharashtra); Mormugao (in Goa); New Mangalore (in Karnataka); Paradip (in Orissa); Vishakhapatnam (in Andhra Pradesh) and Port Blair (in the Andaman & Nicobar Islands). ICRA Rating Services Page 2
  • 3. ICRA Rating Feature Indian Port Sector Figure 1: Cargo Volumes at Indian Ports Figure 2: Trend in Cargo Growth 40% 900 35% 800 30% 289 314 700 213 In Million Tonnes 203 25% 600 186 155 20% 500 400 15% 300 519 531 561 570 10% 424 464 200 5% 100 0% - 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 Major Ports Non-Major Ports TOTAL Major Ports Non-Major Ports Source: Industry Reports and ICRA’s Analysis Source: Industry Reports and ICRA’s Analysis Among the major ports, Kandla in Gujarat continued to lead in terms of cargo volumes (82 mmt in 2010-11, at 3% yoy growth) followed by Vishakhapatnam in Andhra Pradesh (68 mmt at 4% yoy growth). While cargo volumes at all the major ports increased in 2010-11, although in single digits, the volumes at New Mangalore and Paradip reported a dip of 11% and 2% yoy respectively, primarily because of their high exposure to iron ore. Among the non-major ports, Mundra Port and Special Economic Zone Limited located in Gujarat was the largest operator (52 mmt in 2010-11), followed by Essar Ports (40 mmt) which has two facilities at Vadinar and Hazira , both located in the state of Gujarat. By cargo mix, petroleum, oil & lubricants (POL) Figure 3: Cargo Mix of Major Ports – 2010-11 continued to account for the largest share of 32% in 2010-11 (31% in 2009-10), followed by containers Coal, 13% (20% against 18%). The share of iron ore dipped Fertilisers & Fertiliser Raw from 18% to 15% of the total volumes over the Materials , POL, 32% same horizon while the share of coal remained 4% stable at 13%. (Refer Figure 3 for the cargo composition at major ports.) Iron-ore, 15% Over the period April-July 2011, the major ports have cumulatively handled cargo volumes of 193 mmt, which marks a 5% increase over the corresponding previous. While volumes of iron ore Other Cargo, Containers, 17% 20% and fertilisers have seen a decline (12% and 46%, respectively) during this period, the increase in volumes of coal (20%) and fertiliser raw material Source: Industry Reports and ICRA’s Analysis [FRM] (18%) have enabled an overall growth in throughput. ICRA’s view on cargo growth over the medium to long term remains positive based on the level of activities in the key end-user industries. Going forward, growth of traffic at Indian ports is expected to be driven mainly by higher volumes of coal (to meet the requirements of the large number of current and proposed thermal power projects based on imported coal); containers (given the market under-penetration and potential for cost savings); crude oil and POL (large upcoming refinery capacity); fertilisers (strong domestic demand and low self-sufficiency); and steel (mega projects proposed in the eastern part of the country). In line with the expected growth, most of the incremental investments in port capacity are being designed to specifically service these cargo categories. In this regard, it may be noted that most of the expected traffic growth in India is largely based on domestic demand drivers that are fundamentally stronger and more stable compared with international trade related demand, which is a function of global conditions and may be volatile and uncertain. This favourable demand environment is also expected to spur growth in various port-related logistics and service activities although competitive pressures in these business lines would remain high. According to the estimates of the Ministry of Shipping (MoS), cargo volumes in India are expected to breach the 1 billion tonne mark in the current fiscal (2011-12); the 2 billion tonne mark by 2016-17 (seven- year CAGR of 13%); and 2.4 billion tonnes by 2019-20 (10-year CAGR of 11%). Growth at the non-major ports is expected to outpace that at the major ports, with the former commanding a 51% share of the total cargo in a decade’s time. By composition, coal (expected 10-year CAGR of 18%) and containers (expected ICRA Rating Services Page 3
  • 4. ICRA Rating Feature Indian Port Sector 10-year CAGR of 15%) are expected to drive much of the growth, as Table 1 shows. Thus, port ventures with a higher exposure to these cargo categories are favourably placed. Table 1: Key Cargoes Categories—Projected Growth Cargo Volumes 2009-10 2011-12 2016-17 2019-20 7-year CAGR 10-year CAGR All Ports (mmt) Actuals Projected Projected Projected (FY10-17) (FY10-20) Coal 113 187 476 570 23% 18% POL 320 333 528 660 7% 7% Iron-ore 149 156 228 259 6% 6% Containers 116 148 384 486 19% 15% Others 151 208 403 520 15% 13% TOTAL CARGO 850 1,032 2,019 2,495 13% 11% Source: Maritime Agenda 2010-20 Supply side constraints persist with progress being tardy on proposed developments at major and non-major ports: On the supply side, the Indian port sector has seen certain major milestones being reached in the recent past, including the commissioning of the first phase of operations at: International Container Transhipment Terminal, Vallarpadam; solid cargo port terminal, Dahej; coal terminal, Mundra; bulk terminal, Hazira; and a greenfield port, Dhamra. On the award and bidding front for PPP projects at major ports, there has been some progress with the finalisation of eight projects in 2010-11, although most of these are spillovers from earlier years. However, these achievements notwithstanding, the gap remains significant between the requirements/envisaged development of the port sector and the actual progress made because of various systemic issues (refer Box 1). The ambitious National Maritime Development Programme (NMDP) has failed to live up to expectations because of the absence of various enabling factors and is due to complete its tenure in March 2012. To replace it, the MoS has formulated the Maritime Agenda 2010-20, outlining the next decades’ programme for the development of the Indian maritime sector (discussed later in this note). Similarly, the greenfield port ventures in the private sector have made slow progress because of a host of problems at the bidding, pre-construction and post-completion stages, the most prominent being delays in land acquisition and statutory clearances (coastal, forest, pollution and environmental). For the full potential of the sector to be realised, ICRA believes the processes need to be simplified and systemic bottlenecks cleared so that the proposal to implementation ratio improves. Box 1: PPP Projects Yet To Pick Up Pace PPP projects were introduced in the Indian port sector in the late 1990s to enable scaling up of capacity, given that the surplus with the major ports was inadequate for the incremental investments needed and reliance only on budgetary support for the required large-scale capital expenditures was unsustainable. Also, the involvement of the private sector was expected to result in improvements in the operating efficiency and performance standards of the major ports. Till March 31, 2011, a total of 29 PPP projects entailing a total investment of over Rs. 92 billion had been completed and were in operation at the major ports (includes both captive and commercial projects). The prominent commercial projects among these include: the Nhava Sheva Container Terminal at JNPT (commissioned in 1999); the third container terminal at JNPT (commissioned in 2006); the second container terminal at the Chennai port (commissioned in 2009); the recently commissioned facilities (2011) including an iron ore and a coal terminal at Ennore; and the ICTT at Cochin, Vallarpadam. Another 20 projects entailing an investment of over Rs. 100 billion are under way at various major ports. These include: construction of offshore container berths and a BOT terminal at Mumbai (awarded in 2009); development of a container terminal at Ennore (awarded in 2010); three deep-draught berths at Paradip, including one each for coal and iron ore (both awarded in 2009), and the third for clean cargo including containers (awarded ion 2010); and two berths at the Vizag port for coal handling (awarded in 2011). Around 24 projects with a proposed outlay of Rs. 140 billion are currently in the planning/bidding stage, including the ones for the construction of a mega container terminal at the Chennai port and a fourth container terminal at JNPT. These are proposed to be finalised in the current year (2011-12), which appears somewhat unrealistic, considering the track record and the progress till date. Contd. on the following page ICRA Rating Services Page 4
  • 5. ICRA Rating Feature Indian Port Sector Box 1: PPP Projects Yet To Pick Up Pace Contd. from previous page The progress of PPP projects in the Indian port sector has not been up to the mark because of various policy related impediments, both at the pre- and post-award stages. In the pre-award stage, the problems initially arose because of lack of clarity on the bidding framework, qualification criteria, and concession terms; these were later resolved with the finalisation of model documents. In the bidding stage, the process has tended to be protracted with the bureaucratic procedures at most major ports often leading to cancellations and re-bidding. Post-award, there have been delays in execution because of the time taken to obtain environmental and other statutory clearances. Post-commissioning, BOT terminals have had to face operational problems because of their high dependence on the port trust for common facilities like capital dredging, pilotage and vessel movement; these have had an adverse impact on their efficiency and competitiveness. Also, the tariff fixing methodology under Tariff Authority for Major Ports (TAMP) has had a negative impact on the profitability and returns of PPP project developers because of several factors. These include the lengthy process of tariff fixing and review; anomalies in the tariff setting mechanism (like not allowing full pass-through of revenue share); low rate of allowed tariff increase because of indexation to inflation; and uncertainty on whether the operator would be allowed a tariff increase if its investment was higher than originally envisaged (because of changes in the scope of the project, etc). Going forward, the success of the PPP framework in the port sector hinges on the way these issues are addressed; some progress on this front has been made with certain regulatory and policy initiatives being taken (refer following section). Some institutional improvements initiated to clear bottlenecks: As a part of its efforts to improve the institutional framework for PPP projects at major ports, the Central Government constituted a committee under the Chairmanship of Mr. B.K. Chaturvedi in February 2010 to review and recommend revisions in the Model Concession Agreement (MCA), which is the basic contractual framework governing the PPP model in India. The key recommendations of the committee (made in September 2010) include the following: A three-pronged strategy may be adopted to improve the tariff setting mechanism as follows: streamlining TAMP procedures and building in-house capacity in the short term; delegating the tariff setting function to the respective port trusts over the medium term and allowing market forces to determine tariffs over the long term with the role of the port authorities being limited to oversight. The provision relating to a cap on number of applicants to be shortlisted for second stage bidding of PPP projects (generally six to seven) may be done away with as it unnecessarily prolongs the process; limits competition and frequently results in litigations. The environmental clearance process may be simplified in order to speed up project execution. The performance requirement relating to ‘Minimum Guaranteed Cargo’ (MCG) as prescribed in the MCA may be replaced with ‘Minimum Guaranteed Revenue’ (MRG). As per current provisions the failure to meet MCG requirement can trigger termination of the contract. In order to provide some flexibility to the private party in handling business in accordance with the changing trade patterns and business requirements it is felt that MRG is a better criterion than MCG. The bar for invocation of conflict of interest clause with respect to shareholding pattern of BOT projects may be raised from 5% as of now to 25%. Apart from the above, the recommendations also seek to provide clarity on certain issues in order to limit the port trusts liability like method of determination of total project cost which has implications for termination and other payments to concessionaire and protection from risks arising from inadequacy of tariffs due to errors in projections/estimates and/or order of TAMP. Further, the Land Acquisition, Rehabilitation and Resettlement Bill 2011 recently approved by the Union Cabinet, seeks to remove impediments in the way of land acquisition by empowering the government to acquire land on behalf of private parties taking up public-purpose projects like those in railway, port, and power sectors. However, given the market value based compensation payable to landowners, the cost of greenfield port projects would go up moderately as ports require large tracts of land (typically 1,000-2,500 acres) for storage areas, loading/unloading facilities and evacuation infrastructure. While ICRA does not expect the viability of port projects to be adversely impacted by the additional land cost, as that would be governed more by other strategic considerations such as cargo potential, extent of handling infrastructure, and draught, the higher land cost is likely to lead to higher capital intensity, which in turn would lead to some moderation in the return on capital employed. For TAMP based tariff related grievances, in response to the industry’s plea, the MoS has recently appointed The Energy and Research Institute (TERI) to review the existing tariff design philosophy and recommend a new model. ICRA also notes that the government-appointed Committee on National ICRA Rating Services Page 5
  • 6. ICRA Rating Feature Indian Port Sector Transport Development Policy under the chairmanship of Mr. Rakesh Mohan is expected to review the existing PPP framework and if required suggest ways of modifying it further. National Maritime Agenda 2010-20 unveiled: On January 13, 2011, the MoS outlined its 10-year plan for the development of the Indian maritime sector under the Maritime Agenda 2010-20. The salient features of the agenda with reference to the port sector are discussed here. Scale and scope of port sector projects: The Maritime Agenda envisages a cumulative investment of around Rs. 2,774 billion in the port sector over the next 10 years in three phases. The non-major ports are expected to account for 61% of the proposed investment, and the major ports for the rest. Capacity expansion by way of construction of new berths and jetties accounts for 65% of the total outlay, and other support works for the rest (refer Figure 4). Figure 4: Details of Proposed Investment Outlay under Maritime Agenda 2010-20 Phase-wise Outlay Outlay by Port Category Nature of Outlay Connectivity Channel Phase 3 Phase 1 works, 5% Others deepening (2017-20), (2010-12), Major Ports, works, 17% Non- Major etc, 7% 23% 39% 21% Ports, 61% Equipment etc, 5% Phase 2 Construction (2012-17), of berths 56% etc, 65% TOTAL OUTLAY: Rs 2,774 billion Source: Maritime Agenda 2010-20 With the envisaged capital expenditure being made, the capacity of the port sector would likely increase to over 3 billion tonnes by 2019-20; the non major ports would account for 53% of the enhanced capacity and the major ones for the rest 47%. The projected capacity expansion and the expected cargo growth would bring down the utilisation levels at the major ports from the current 90% levels to around 80%, paving the path for better service. (Refer Table 2 for projected cargo and capacity details.) Table 2: Projected Cargo and Capacity Scenario In Million Tonnes 2011-12 2016-17 2019-20 Major Ports Cargo 630 1032 1215 Capacity 741 1328 1460 % Utilisation 85% 78% 83% Non-Major Ports Cargo 403 988 1280 Capacity 499 1264 1670 % Utilisation 81% 78% 77% Cumulative Cargo 1032 2019 2495 Capacity 1240 2592 3130 % Utilisation 83% 78% 80% Source: Maritime Agenda 2010-20 The funding of the projects envisaged under the Maritime Agenda is expected to be done primarily by the private sector. In the case of the major ports, of the total envisaged investment of Rs. 1,095 billion over a 10-year period, around 33% is expected to come from internal sources and Budgetary support, and the bulk 67% from private sector investment (by way of PPP projects). For non-major ports, of the total outlay of Rs. 1,700 billion, 97% would come via private funding and the rest 3% from internal sources and Budgetary support. ICRA Rating Services Page 6
  • 7. ICRA Rating Feature Indian Port Sector Policy related initiatives: Apart from investments in capacity creation, the Maritime Agenda also envisages certain policy related improvements aimed at strengthening the port sector. The prominent among these include the following: Major ports to be turned into landlord ports completely by 2020 with their role being to provide the port infrastructure, while operations and services would be provided by the private sector participants. Major ports to be corporatised, beginning with JNPT in the first phase. Deserving ports to be considered for Navaratna or Mini-ratna status. Further, major ports to be given substantial autonomy in functioning; professional management to be inducted and greater reliance to be placed on market funding instead of government support. TAMP guidelines to be reassessed and modified in 2010-11. Key policies and framework agreements to be reviewed periodically and modified from time to time including the policy for land use; model documents like RFQ, RFP, and MCA and the guidelines for fixing of tariffs. Regulator to be established to oversee the activities and tariffs of the non-major ports. Greater focus to be placed on environmental aspects and an environment clearance mechanism to be instituted to expedite progress of projects. Hub ports to be developed to receive 13,500+ TEU2 containerships; at least two such hubs to be established on the eastern coast (Chennai and Visakhapatnam) and two on the west coast (Jawaharlal Nehru and Cochin ports). A specialised Maritime Finance Corporation to be formed with the equity of ports and financial institutions to appraise and fund port projects, given their specialised nature and requirements. A special purpose vehicle, Indian Ports’ Global, to be set up to make investments in ports overseas. A monitoring and feedback mechanism to be instituted to track progress at the level of the ports and at the government‘s level so that timely action on slippages in progress and implementation can be taken. While the Maritime Agenda, like its predecessor NMDP, has a broad vision, the capacity projections that it makes would be achieved only if the various impediments in the way of project execution are removed expeditiously. In principle, the suggested policy measures augur well for the development of the port sector, but it is the implementation aspect that would have to be watched closely. Evolving regulatory environment poses event risk: On the regulatory front, over the last one year there have been some developments that seek to shape the future competitive landscape for the port sector. The Draft Port Regulatory Authority Bill 2011 has been made public and the MoS has sought comments on the draft from various stakeholders. The Bill, inter alia, seeks to bring the functions of tariff setting and performance monitoring for the non-major ports under the ambit of the respective State port regulatory authorities. The rationale behind this is to provide a level playing field to all players, the major ports and the non-major ones, which is not the case at present: now, the major ports function under a highly regulated environment even as the non-major ports enjoy a high degree of regulatory freedom and pricing flexibility. Thus, if enacted, the Bill would have significant implications particularly for the non-major ports as they would lose the flexibility to set tariffs (currently a function of capital costs, operational capabilities, and market competiveness) and may have to follow a cost plus return based approach (which the major ports do) or some other approach specified by the regulator. Further, regulatory tariff setting and revision being cumbersome and time consuming processes (going by the experience of the major ports) and vulnerable to mismatches between revenue and cost increases, the profitability and returns on investment of the non- major ports could come under pressure in a tightly regulated environment. Moreover, with the performance of the non-major ports also intended to be brought under the scrutiny of the regulatory authority, with penalties being imposed on defaults and violations, the operating freedom of the non-major ports could get constrained and business and financial risks could increase. At present, there are various grey areas on the modalities of implementation of the Bill, apart from opposition from the various affected parties, both of which are likely to delay its implementation. Apart from the above, another recently formulated policy is the Policy for Prevention of Monopoly at Major Ports, 2010, which seeks to restrain operators with existing facilities at a port from bidding for similar terminal development projects within the same port and/or within a radius of 100 km of it. The intention is to allow development of healthy market competition and prevent capacity concentration, which may impact pricing and performance standards. Further, a Draft Captive Policy 2011 has recently been formulated, which seeks to allow major port users (port-based industries) to set up their own dedicated berths at the major ports on a nomination basis. This could potentially jeopardise the business prospects of the nearby private terminals that have been set up on a BOT basis and is being seen by the incumbent terminals as a 2 Twenty foot equivalent unit ICRA Rating Services Page 7
  • 8. ICRA Rating Feature Indian Port Sector breach of the concession agreements already signed, which normally give a grace period3 for setting up the next competing terminal. The evolving regulatory environment thus presents quite a few challenges and risks for the industry participants and would be a key event risk from a credit perspective. Key credit challenges for ICRA-rated port companies: While the favourable industry conditions are a credit positive, ICRA believes that its portfolio of rated companies is faced with certain challenges which present a downside risk. For port companies in the midst of medium to large scale capital expenditure programmes4, managing project execution risks, and pressure on capital structure and returns would be critical. The financial metrics of these companies could come under stress in the event of substantial delays in project execution; cost overruns and mismatches between commencement of debt repayments and revenue generation. Further, the rising interest rate scenario is an additional challenge for developers of new projects, and would test their ability to secure debt funding, maintain project viability, and service debt. ICRA also notes that the business risk profile of some of the rated port players is exposed to high cargo concentration risk because of the cargo specific nature of their handling facilities and/or high dominance of particular cargoes in overall volumes. This increases their vulnerability to downturns in trade flows and/or regulatory changes that may impact particular cargoes (like the ban on iron ore exports in Karnataka and uncertainty on mining contracts in Goa). Moreover, incremental business and financial risks may be associated with port companies expanding their scope of business to investments in other port ventures, in India or overseas. Further, some cargo segments like containers may be exposed to risks of temporary supply overhang because of the bunching of capacities in close proximity which could prolong the gestation period and impact returns on investment. Conclusion The demand-supply balance in the Indian port sector is expected to remain favourable over the medium to long term, given the strong demand situation and the significant slip-ups in capacity addition because of various systemic and procedural hindrances. As for the Maritime Agenda 2010-20, while the programme outlines ambitious plans for the development of the port sector, the extent to which these can be realised will hinge on the structural and systemic improvements made. On the regulatory front, some changes are being made, and these could have a bearing on the business and financial risk profiles of the industry participants and pose event-based risks. From a credit point of view, other key risks for ICRA-rated universe of port companies include that of time and cost over-runs on ongoing and proposed capital expenditure programmes; tight interest rate environment; high cargo concentration; expected temporary over capacity in some segments like containers and significant expansion in scope of business/ inorganic growth activities. September 2011 3 normally 5-6 years from COD or achievement of 60% capacity utilisation, whichever is earlier 4 Within the universe of ICRA-rated port companies, the following are in the capital expenditure mode: The Dhamra Port Company Limited; Adani Petronet (Dahej) Port Private Limited; Krishnapatnam Port Company Limited; Sical Iron Ore Terminals Limited; and Mundra Port and Special Economic Zone Limited; Kakinada Seaports Limited; and Chennai International Terminals Private Limited. ICRA Rating Services Page 8
  • 9. ICRA Rating Feature Indian Port Sector ANNEXURE: ICRA’S Portfolio of Rated Port Sector Entities Company Ratings Outstanding* Port Companies Mundra Port and Special Economic Zone Limited LAA@ and A1+@ Ennore Port Limited LA (Stable) Mormugao Port Trust LA (Stable) Kakinada Seaports Limited LA- (Stable) and A2+ Krishnapatnam Port Company Limited LBBB (Stable) The Dhamra Port Company Limited LBBB+@ and LBBB@ Adani Petronet (Dahej) Port Private Limited LBBB- (Positive) Port Terminal Operators TM International Logistics Limited IrAA- (Stable) Chennai International Terminals Private Limited [ICRA]AA (SO) (Stable) and [ICRA]A1 Nhava Sheva International Container Terminal Private Limited LA+ (Stable) and A1+ Chennai Container Terminal Private Limited LA (Stable) and A1 Mundra International Container Terminal Private Limited LA (SO) (Stable) and A2 Sical Iron Ore Terminals Limited [ICRA]BB+ (Negative) and [ICRA]A4+ International Seaports Haldia Private Limited LBBB+ (Stable) and A2+ Vizag Seaports Limited LBBB- (Stable) Ennore Tank Terminals Private Limited A4+ Port Service Providers Ocean Sparkle Limited [ICRA]A+(Stable) and [ICRA]A1 Seabird Marine Services Private Limited LA (Stable) and A1 Sealion Sparkle Maritime Services Limited [ICRA]A- (Stable) Sealion Sparkle Port & Terminal Services (Dahej) Limited [ICRA]A- (Stable) and [ICRA]A2+ IMC Limited A2+ Polestar Maritime Limited LBBB TM Harbour Services Private Limited LBBB(Stable) and A3+ International Seaport Dredging Limited LBBB- (Stable) and A3 Adani Logistics Limited LBBB- (Stable) Navkar Corporation Limited LBBB- (Stable) Pipavav Railway Corporation Limited LBB+ (Stable) Saurashtra Containers Private Limited LC Triway Container Freight Station Private Limited LB *As on September 26, 2011 Note: “@” indicates Rating Watch with Negative Implications ^SO indicates Structured Obligation It may be noted that with effect from June 15, 2011, pursuant to SEBI directions, ICRA has revised its rating symbols and definitions. Each of the previous Rating Symbols now corresponds to a new one with [ICRA] as the prefix. A switch from a previous Rating Symbol to a new one of the same level is not to be construed as a change in Rating. ICRA Rating Services Page 9
  • 10. ICRA Rating Feature Indian Port Sector ICRA Limited An Associate of Moody’s Investors Service CORPORATE OFFICE Building No. 8, 2nd Floor, Tower A; DLF Cyber City, Phase II; Gurgaon 122 002 Tel: +91 124 4545300; Fax: +91 124 4545350 Email: Website: www.icra.in REGISTERED OFFICE 1105, Kailash Building, 11th Floor; 26 Kasturba Gandhi Marg; New Delhi 110001 Tel: +91 11 23357940-50; Fax: +91 11 23357014 Branches: Mumbai: Tel.: + (91 22) 24331046/53/62/74/86/87, Fax: + (91 22) 2433 1390  Chennai: Tel + (91 44) 2434 0043/9659/8080, 2433 0724/ 3293/3294, Fax + (91 44) 2434 3663  Kolkata: Tel + (91 33) 2287 8839 /2287 6617/ 2283 1411/ 2280 0008, Fax + (91 33) 2287 0728  Bangalore: Tel + (91 80) 2559 7401/4049 Fax + (91 80) 559 4065  Ahmedabad: Tel + (91 79) 2658 4924/5049/2008, Fax + (91 79) 2658 4924  Hyderabad: Tel +(91 40) 2373 5061/7251, Fax + (91 40) 2373 5152  Pune: Tel + (91 20) 2552 0194/95/96, Fax + (91 20) 553 9231 © Copyright, 2011, ICRA Limited. All Rights Reserved. Contents may be used freely with due acknowledgement to ICRA. ICRA ratings should not be treated as recommendation to buy, sell or hold the rated debt instruments. ICRA ratings are subject to a process of surveillance, which may lead to revision in ratings. Please visit our website (www.icra.in) or contact any ICRA office for the latest information on ICRA ratings outstanding. All information contained herein has been obtained by ICRA from sources believed by it to be accurate and reliable. Although reasonable care has been taken to ensure that the information herein is true, such information is provided ‘as is’ without any warranty of any kind, and ICRA in particular, makes no representation or warranty, express or implied, as to the accuracy, timeliness or completeness of any such information. All information contained herein must be construed solely as statements of opinion, and ICRA shall not be liable for any losses incurred by users from any use of this publication or its contents. ICRA Rating Services Page 10