Contents
I. INTRODUCTION
1.1 Objective of the Feasibility Study
1.2 Responsible Agencies for Examination and Inspection of FS
1.3 Submission of Reports
1.3.1 Inception report
1.3.2 Interim report
1.3.3 Draft final report and final report
1.4 Related Legal and Institutional Frameworks
1.4.1 Laws and regulations
1.4.2 Responsible agencies
II SCOPE OF WORKS FOR THE FEASIBILITY STUDY
2.1 Basic Data/Information
2.1.1 Socio-economic survey
2.1.2 Social and natural environmental survey
2.1.3 Topographical survey
2.1.4 Geological, seismic and construction material survey
2.1.5 Metrological/hydrological survey
2.2 Hydropower Development Planning Study
2.2.1 Power market survey and demand forecast
2.2.2 Project features
2.2.3 Reservoir operation
2.2.4 Alternative study and optimization study on project scheme
III. RECOMMENDED PROJECT SCHEME/LAYOUT/PRELIMINARY DESIGN
3.1 Project Description
3.2 Project Layout/Preliminary Design and Drawings
3.3 Energy Production/Output
3.4 Project Cost
3.5 Project Development and Construction Schedule
3.6 Economic and Financial Analysis
3.7 Risk Analysis
IV. CONCLUSION AND RECOMMENDATIONS
Abbreviation
CA
: Concession Agreement
COD : Commercial Operation Date
DEB : Department of Energy Business, Ministry of Energy and Mines
DEM : Department of Energy Management, Ministry of Energy and Mines
DEPP : Department of Energy Policy and Planning, Ministry of Energy and Mines
DESIA : Department of Environment and Social Impacts Assessment, Ministry of Natural Resources and
Environment
DFRM : Department of Forest Resources Management, Ministry of Natural Resources and Environment
DOC : Department of Custom, Ministry of Finance
DOL : Department of Land, Ministry of Natural Resources and Environment
DONA : Department of National Assets, Ministry of Finance
DOT : Department of Taxes, Ministry of Finance
DWR : Department of Water Resources, Ministry of Natural Resources and Environment
EPC : Engineering, Procurement and Construction
ESIA : Environmental and Social Impacts Assessment
FS
: Feasibility Study
GOL : Government of Lao PDR
IEE
: Initial Environmental Evaluation
IPP
: Independent Power Producer
IREP : Institute of Renewable Energy Promotion
LEPTS : Lao Electrical Power Technical Standards
MEM : Ministry of Energy and Mines
MOF : Ministry of Finance
MONRE: Ministry of Natural Resources and Environment
MOU : Memorandum of Understanding
MPI : Ministry of Planning and Investment
PDA : Project Development Agreement
PDEM : Provincial Department of Energy and Mines
PONRE: Provincial Department of Natural Resources and Environment
SPC : Special Purpose Company
TOR : Terms of Reference
I. INTRODUCTION
1.1 Objective of the Feasibility Study
Lao PDR is a small country with high potential for hydropower development. At present there have been
a number of on-going hydropower projects under preparation, construction and operation mostly through
an Independent Power Producer (IPP) process1 . According to the Electricity Law (2012), as part of the
planning process, undertaking a feasibility study (FS) is required by the Government of Lao PDR (GOL)
and the Ministry of Energy and Mines (MEM) is the lead ministry responsible for implementation and
management of energy development projects. FS is carried out after the signing of a Memorandum of
Understanding (MOU) between GOL and a project developer and in close coordination with the
environment and social impact studies (ESIA/IEE) to be carried out according to the Environmental
Protection Law (2012) in which the Ministry of Natural Resource and Environment (MONRE) is the lead
ministry.
Main objective of FS is to describe the overall project concept, project description and project justification
by providing support data/information and undertaking adequate analysis regarding technical, social,
environmental, economic, financial and safety aspects including evaluation of alternatives and
identification of risks. This TOR is intended to provide guidance to a Project Developer who has signed a
MOU with GOL to ensure that FS will be carried out and completed before the MOU duration (18
months) is expired.
1.2 Responsible Agencies for Examination and Inspection of FS
The Department of Energy Policy and Planning (DEPP), on behalf of MEM, is responsible for
examination and inspection of FS for hydropower projects larger than 15 megawatt (MW), while the
Provincial Department of Energy and Mines (PDEM) is responsible for examination and inspection of FS
for hydropower projects equal to or less than 15 MW.
1.3 Submission of Reports
The Project Developer shall prepare and submit the following reports such as Inception Report, Interim
Report, Draft Final Report and Final Report to the responsible organizations as below.
Installed capacity of the project 100 kW
: To District Department of Energy and Mines (DDEM) through PDEM
100kW < Installed capacity of the project
: To PDEM through DEPP
15 MW
In Lao PDR, the IPP process in Lao PDR comprises the following key steps: Signing of M emorandum of Understanding
(MOU); Signing of Project Development Agreement (PDA); Signing of Concession A greement (CA) and other agreements ;
Commercial Operation Date (COD); Construction; Operation; and Transfer. Detailed procedures, contents of each task/stages,
and authorization granting shall be complied with the specific laws and regulations issued by M EM and other agencies according
to the related laws, regulations, and /or guidelines. Term of the CA shall commence from the signing date of the CA and shall be
ended in a period not exceeding thirty years from COD. After the expiration of the CA, the concessionaire shall transfer the entire
activities to the Government in good and operational conditions which are inspected and certified by an independent engineer
without any compensation whatsoever.
When the Project Developer is obliged to change its plan of field investigation, he shall promptly notify to
MEM or PDEM its revised field investigation plan.
Results of field investigation, key findings, data processing and numerical analysis on topography,
geology, meteorology, hydrology and social/natural environments
Results of power market survey, and necessity and role of the hydropower project
The Safety Rules for Operation and Maintenance of Electrical Facilities (2007)
The Ministerial Instruction on ESIA (2013) and Ministerial instruction on IEE (2013) and their
technical guidelines
The Prime Ministers Decree on Compensation and Resettlement No. 192, 2005 and its
technical guidelines
The Agreement on Approval and Enforcement of Guideline on Public Involvement in Project
Environmental Impact Assessment Process (2013)
The Guideline on Consultation with Ethnic Group Affected by Public and Private Development
Project (2012)
The Law on Land (2003)
The Law on Water Resource (2006)
The Law on Forest (2007) and its decrees
The National Policy on Environmental and Social Sustainability of the Hydropower Sector in
Lao PDR (2005)
Other line agencies that are involved during the planning and operations of a hydropower project include,
but not limited to, the following: the Ministry of Labors and Social welfare, the Ministry of Public Health,
the Ministry of Commerce, and the mass organizations including the Lao Font for National Construction
and the Lao Women Union.
The draft table of content of the CA template is as follows: Water rights, Land rights, International border and riparian issues,
Environmental & Social objectives, Unanticipated project E&S impacts, Design requirements and standards, Dam safety,
Transmission system; Project supplies and customs; Lao preference; Power purchase agreements; Project cost; GOL Works
(including transmission assets); Access and possession of lands Pre-construction activities; Quarrying and logging; Construction
schedule; Construction; Commissioning; M onitoring; Operating life; Water value; and Side businesses.
To ensure that the selected project features is in line with Article 10 of the Electricity Law (2012) 3 , this
section shall also present in detail the assumption, data and information used to address all aspects
concerning the necessities and sustainability of the project including the following aspects.
(a) Purpose of the projects (generation only for domestic supply, export supply or both; multipurpose (list
each component));
(b) Reservoir type (annual storage, monthly/weekly/daily storage, no storage);
(c) Generation pattern (base-load, peak load, intermediate peak load);
(d) Areas supplied and benefits to the Lao electric system
2.2.3 Reservoir operation
The Project Developer shall collect and update data and information related to the reservoir operation in
order to optimize the power generation in the context of river basin management especially those with
cascade dams and potential conflicts in other sectors water demand and land uses. The Project Developer
will also develop and apply an optimization model to demonstrate the potential impacts (positive and
negative) for the case of with and without project taken into account other major water users that are
considered priority from economic, social, and environment point of views.
2.2.4 Alternative study and optimization study on project scheme
This study aims to determine an overall technical project description through alternative studies as
available at FS level. The Project Developer shall conduct alternative and optimization studies on project
layouts and dimensions including normal high water level (NHWL), maximum power discharge (Qmax),
installed capacity (kW), and so on. Technical details are further provided in Annex 4 Technical
Guideline. The Project Developer shall carry out this study keeping in mind the need to ensure
sustainability and efficiency of project operation in line with the sustainable policy and related
requirements described in National Policy on Environmental and Social Sustainability of the Hydropower
Sector in Lao PDR (2005).
Due attention shall be given to address the issues related to both technical and safety aspects during
construction and operation especially those related to workers, local communities, and local environment
and to ensure that the preliminary design takes into full account of the required measures to avoid,
mitigate, and/or compensate for the potential negative impacts of the project. During the study process,
the Project Developer shall conduct at least one consultation with key agencies such as local
authorities/communities, and other key stakeholders in coordination with the ESIA/IEE studies, and their
views will be considered as part of the alternative study.
The Project Developer shall discuss with DEPP/PDEM and DEM on the scope of preliminary design
during FS in consideration of the scope of basic design and detail design to be carried out at the following
stage of Project Development Agreement (PDA).
Article 10 requires that the electricity development plan consist of strategic plan and long, medium, and short term plans and
they will (a) Ensure that the principles of the use of natural resources source, energy source in appropriated, economic and highly
effective manner; (b) Determine the targets, directions, mechanisms and methods in developing the technical and economic base
for the electricity project; ensure the safe and regular supply of electricity, and mitigate social and environmental impacts in
electricity business development; (c) Ensure that the domestic consumption is based on economic and social growth in each
period and policy on national socio-economic development; and (d) Determine the electricity export based on the priority of
electricity consumption and needs in neighboring countries.
The Project Developer shall propose a recommended project scheme according to the results of sections
2.2.4. General description of the project component including reservoir, dam, spillway, intake and
waterways, downstream works, powerhouse, electro-mechanical equipment, hydro-mechanical equipment,
transmission line, substations, access roads, preparatory works are provided in Annex 4 Technical
Guideline.
Key issues related to the anticipated environmental and social impacts, environmental flow during
operation stage, reservoir operation, flood control management and the proposed mitigation measures
including those that have been considered in the preliminary design shall also be presented.
3.2 Project Layout/Preliminary Design and Drawings
The Project Developer shall propose a recommended project layout and the preliminary design according
to the results of sections 2.2.4. All the project components shall be described with enough detail in order
to allow for checking design completeness, assessing overall design soundness, and assessing construction
schedule and cost estimate that are relevant to the project. A list of preliminary design drawings to be
prepared by the Project Developer is provided in Annex 4 Technical Guideline. Specific discussion and
field visits of DEPP/PDEM and DEM will be necessary before submitting Draft Final Report.
3.3 Energy Production/Output
The Project Developer shall provide, for the recommended project scheme, (1) installed capacity (kW) and
firm capacity (kW) guaranteed during dry season, and (2) annual and monthly energy production (kWh).
In case there is more than one PPA and off-takers of electricity, the main principles of the respective PPAs
and the water sharing rules shall be established in FS. Once the quantity of energy is determined, the
revenue from the project can be evaluated based on PPA main arrangements. Non-energy water usages, if
any, will also be taken into consideration at this FS stage.
3.4 Project Cost
The Project Developer shall provide a cost estimate of the recommended project and the way it is
calculated to ensure effective assessment by DEPP or PDEM. Cost estimate formats are provided in
Annex 4 Technical Guideline.
3.5 Project Development and Construction Schedule
The Project Developer shall present the project implementation schedule for completion of;
(1) MOU including FS and ESIA/IEE study,
(2) PDA including basic design, shareholders agreement, SPC establishment,
(3) CA including PPA, Loan agreement, EPC contract, construction, IPP operation and transfer to GOL.
Since construction schedule can have a major impact on project cost and may also have other impacts such
as for environment, and it is a key element of FS and clear explanation on the schedule rationale shall also
be provided.
There is no need for a very detailed schedule but the followings shall be described;
(1) All main milestones and risks are clearly identified and addressed,
(2) The critical path is evidenced, for example a beginning of reservoir impounding and associated prerequisites are evidenced together with the existing risks and buffers,
(3) The main construction constraints in relation with specific climate condition in Lao PDR should be
evidenced.
3.6 Economic and Financial Analysis
The Project Developer shall provide detailed analysis for direct net economic and financial viability of the
recommended project taken into account all economic, social and environmental costs and benefits. The
Project Developer shall also provide detailed analysis on project indirect benefits other than one-time
compensation payments or resettlement support for project affected communities taken into account the GOL
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policy on sustainable hydropower development, the call for benefits sharing and the contribution stipulated in the
Electricity Law (2012)4 .
The methodology used and some main parameters such as the discount rate are provided in Annex 4
Technical Guideline. It is advisable to conduct some sensitivity analysis such as for example on
discount rate in order to make the outcome of the study more reliable. In case there are non-energetic
usages of the water from the project, even though there is no market price or revenue from these usages, it
is advisable to monetize them in order to optimize the global economic profitability of the project.
Financial analysis will be conducted to access both the financial viability and the ability of the project to
generate the required financial returns to meet project funding requirements, including funding of measures
aimed at ensuring project sustainability. The analysis will cover all project funding requirements including social
and environmental measures, financing for resettlement and livelihood enhancement, delivery of project benefits,
and commitments to shareholders/investors.
3.7 Risk Analysis
The investment of a hydropower project will involve significant risks with respect to technical, financial,
procurement, environment and social impacts and reputation/policy for GOL as well as for Project
Developer. The Project Developer shall identify these risks at FS level so that adequate measures
necessary to mitigate the risks could be incorporated and implemented during the project, and then prepare
a risk matrix by listing all the main risks such as technical, completion, market, environmental, social,
political, procurement, etc. with a minimum description on the potential impacts and the way they have
been addressed or can be addressed.
IV. CONCLUSION AND RECOMMENDATIONS
The conclusion shall include but not limited to the following: (1) Project description/plan/scheme; (2)
Project layout/design; (3) Energy production/output; (4) Project cost; (5) Economical/Financial benefits;
(6) Social and environment matters; and (7) Overall evaluation. Clear and specific recommendations shall
be provided with strong justification from the project level, basin level and country level.
Based on all the studies undertaken during FS, the justification can be provided that the project is
technically sound, with acceptable environment and social impacts; and economically feasible even
though the complete economic study cannot be performed yet. It is considered a good practice for the
Project Developer to identify/describe the followings:
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Article 64: Rights and Duties of the Ministry of Energy and Mines
Article 65: Rights and Duties of the Provincial, City Divisions of Energy and Mines
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