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💩 Thames Water's dirty secret

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Thames Water’s facing a massive £104 million fine for allowing untreated sewage to spill too often and failing to maintain its wastewater plants. The company’s financial position means it’s also breached its licence from the regulator. To avoid making things even worse, instead of another fine, regulators are now demanding tighter control over how Thames Water operates.

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💩 Thames Water's dirty secret

selena gomez water GIF

Credit: Giphy

What's going on here?

It’s been a bad week for Thames Water (a major utilities company that serves 16 million households). Last week the industry regulator Ofwat proposed a fine of £104 million (their largest ever given) over Thames Water’s past sewage spills. The next day, Thames Water was set to get another fine for a breach of its licence — but managed to avoid it.

Why does Ofwat want to fine Thames Water?

Historic sewage spillages: Water companies need to meet certain levels of service (like providing their customers with clean water!). The guaranteed standards scheme sets out these minimum expectations.

Ofwat found that Thames Water has:

  1. Let untreated waste be released more often than it should

  2. Didn't properly take care of its wastewater treatment plants, causing lots of spills

  3. Didn't improve its infrastructure to keep up with growing population demands

Releasing untreated sewage is a huge health risk for people. Plus, it also harms the environment. Wastewater contains lots of “nutrients” – when these are released into a river, it causes a bunch of algae to grow. The algae use up all the oxygen in the river, which then kills fish and other animals.

Ofwat can impose a fine of up to 10% of the company’s annual revenue. For Thames Water, they fined it 9% of its annual revenue (£104 million).

Breach of licence: To be able to be a national water provider like Thames Water, you need to get a licence (permission) from Ofwat. One of the conditions of the licence Ofwat gives to companies like Thames Water is that they need to be financially stable. Specifically, they need to have two “investment-grade” ratings (showing the company’s safe to lend money to) from credit agencies (organisations that test the financial stability of companies).

Last month, Thames Water’s credit rating was downgraded to “junk” (ouch) by a credit agency.

Credit: The Guardian

Why did its rating drop? Well, it didn’t have enough liquidity (available cash) to cover its expenses between now and next year. For example, Thames Water has a £660 million debt that it has to repay. Plus, Ofwat requires it to spend £1.95 billion in infrastructure upgrades and repairs.

Because it’s been downgraded, Thames Water’s technically in breach of its licence. This means Ofwat can again fine it 10% of it’s turnover. But another fine will make the company’s liquidity issue even worse.

So, Ofwat’s come up with a new solution. It’s demanding tighter scrutiny over how Thames Water operates. Here’s a few things it wants to do:

  • Appointing an independent person to review Thames Water's reports and check on its progress

  • Making Thames Water create a business plan and hire new directors to oversee what it’s doing

  • Requiring Thames Water try to raise significant investment

What law firms are involved?

Earlier this year, Ofwat discussed nationalising Thames Water (this would mean it’s taken over by the government). It also suggested splitting it into two smaller companies to make it more manageable.

In the end, neither of these happened. But while this discussion was taking place, Thames Water hired the Magic Circle firm Linklaters to help them (the chairman of Thames Water, Sir Adrian Montague, used to work at Linklaters).

Creditors (anyone who lent money to Thames Water) were going to be represented by Freshfields, another Magic Circle law firm.

Credit: Laura White

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