Risk Scenario

Fumble

Failure to arrange the proper cover for regulatory penalties in the energy sector adds up to big losses.
By: | September 14, 2015 • 8 min read
Risk Scenarios are created by Risk & Insurance editors along with leading industry partners. The hypothetical, yet realistic stories, showcase emerging risks that can result in significant losses if not properly addressed.

Disclaimer: The events depicted in this scenario are fictitious. Any similarity to any corporation or person, living or dead, is merely coincidental.

Buckets of Money

Maxine DaGuerre, the risk manager for the Middle Atlantic power generation company Corsair Corp. was decidedly uncomfortable.

Scenario_Fumble

Along with the rest of the Corsair Corp. management team, she was waiting to hear the latest decision from PJM, the regional electricity wholesale market. Under guidance from federal regulators, PJM was establishing incentives and penalties for power generators willing to guarantee delivery of electricity to the grid at times of crisis or peak demand, otherwise known as Emergency Load Response events.

The Northeast saw a near blackout in the frigid winter of 2014. Demand during several days of intensely cold weather almost knocked off the grid and generators reported a number of problems trying to feed the beast.

The regulators did not want to risk that scenario again.

The incentives were lucrative, game changers, and despite the protests of large buyers of electricity, the incentive plan was moving forward. Now, in mid-August of 2015, Corsair executives were awaiting word from PJM on what the incentives would be for the energy auctions for June 2018 to May 2019. Word was that they were going to be even more than they had been for the corresponding period for 2017-2018.

The questions included what to do with the increased revenues? Plow them into plant upgrades, purchase insurance to cover the cost of any penalties for non-delivery, lock in natural gas delivery for the year to guarantee price and supply?

It was a complicated set of questions. DaGuerre knew which way she was leaning.

The incentives were one thing, but the penalties were staggering. The regulators were ready to fine power generators that failed to deliver electricity on emergency demand at more than $3,000 per megawatt hour in some cases.

For a 1,000 megawatt plant that was a penalty that could run into millions of dollars per hour.

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“Where was the backstop against that?” she thought to herself.

DaGuerre’s internal monologue was interrupted by the ringing of her desk phone. It was the company CFO, Eric Petruzzi. He sounded excited.

“Hey Maxine, can you join us upstairs? The announcement from the market is just in for the 2018-2019 incentives and we want to look at our options.”

“Sure thing, I’ll be right up,” DaGuerre told Petruzzi.

The exuberance in Petruzzi’s voice was off-putting.

In DaGuerre’s mind this was not a time for celebration, it was a time for careful consideration.

When she got upstairs there were three men at the table, Petruzzi, the operations chief Ben Ochstein and the CEO, Bill “Red” Miller.

“It’s what we thought Maxine,” Petruzzi began.

“PJM raised the incentive for 2018-2019.” He glanced briefly at the electronic pad in front of him.

“It’s raised the incentive by almost one third,” Petruzzi said with enthusiasm in his eyes. DaGuerre could swear she saw dollar signs there.

From $120 Mw-Day the incentive had been raised to almost $160 Mw-Day for 2018-2019. One 1,000 Mw plant could bring in more than $60 million in annual revenue.

Margaret watched as Ochstein and Miller exchanged glances. It seemed like some key decisions had already been made.

“We know how you feel about the penalties, Maxine,” Miller said.

“But you also know the importance of risk mitigation,” Ochstein said.

“We’re thinking we’ve got a real good opportunity here to upgrade some of the facilities, particularly Peachtree and Susquehanna,” Ochstein said.

DaGuerre cleared her throat and tried to steady herself.

“I’m all for risk mitigation, as you know. And I think we should upgrade some of the plants, particularly Susquehanna,” she said, giving Ben Ochstein a look that she hoped communicated solidarity with his idea.

“But I can’t help thinking that some risk transfer is in order here,” she said.

Petruzzi started to say something but DaGuerre felt compelled to just plow ahead.

“One, this is the first time we’ve been in this situation. The incentives are compelling, but the penalties are severe if we have a breakdown. Four of our plants are coal-fired and let’s face it, could really use some upgrades. It’s not just Peachtree and Susquehanna,” she said, giving Ochstein a meaningful look.

“I’m not asking for a lot but I think 5 percent of the three years’ auction revenue should be invested in some sort of risk transfer,” she said.

“That’s too much Maxine,” Miller said. From his tone, DaGuerre knew she’d be lucky to get a fraction of that.

The meeting ended with DaGuerre making her own odds that the company would be investing 2 percent of any emergency load auction funds into risk transfer mechanisms.

She flat-out doubted that was enough.

More Misgivings

While she did her best to partner with Ben Ochstein and the company’s engineering team to make the best use of the company’s capital in plant upgrades, Maxine DaGuerre couldn’t stop doing the numbers in her head.

Scenario_Fumble

For power generators that had agreed to supply electricity to the grid during Emergency Load Response events, the penalties from PJM and the regulators could be staggering. They were looking at $3,000 per megawatt hour. For a 1,000 MW plant, that was $3 million per hour.

The variables were driving DaGuerre crazy. She’d only been able to purchase $15 million in coverage for any fines Corsair might face. That might seem like a lot of coverage but she’d have been much happier with five times that.

She studied the preventative maintenance plans and upgrades for Corsair’s 18 power generation plants until her eyes hurt. Ben Ochstein and the company’s engineering team weren’t slouches. They were top-notch professionals. But nobody was perfect.

As fall moved to winter, the upgrades at the Corsair plants, at Susquehanna, Peachtree and others carried on apace. Ochstein and Petruzzi were also congratulating themselves that they had locked in reasonably priced natural gas supplies for the company’s plants that relied on natural gas to produce electricity.

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DaGuerre struggled to share their enthusiasm.

DaGuerre hated to be a stick-in-the-mud. She wanted the company to thrive. She certainly wasn’t hoping for a blackout in the Northeast or anything like it.

Then the cold came, just like it did in the winter of 2014, only this time much earlier. Three days of intense cold in the week between Christmas and New Year’s provoked the region’s first Emergency Load Response event, on Dec. 28.

Corsair didn’t miss a beat, while the word got out that one of its competitors had failed to deliver for three hours due to a natural gas pipeline problem near Philadelphia and been fined.

2016 broke with reasonable temperatures, but a polar vortex gripped the Northeast in the second week of January. This time Corsair wasn’t so lucky. Boiler problems at the coal-fired Susquehanna plant caused the 1,200 megawatt plant to go offline for five hours during an Emergency Load Response event. The fine was $15 million.

The formerly sanguine Eric Petruzzi went into full panic mode.

“Can you get us more coverage?” he asked DaGuerre during a late-night phone call on Dec. 29.

DaGuerre could hear laughter and clinking glasses in the background.

“Where are you?” she asked him.

“I’m … at a party. At my mother’s place in Annapolis,” he said somewhat sheepishly.

“I’ll … see what I can do,” DaGuerre said.

She didn’t bother calling her United Kingdom-based broker until very early the following morning.

An Endless Slog

Sorry, the carriers said.

“Not at this point,” DaGuerre’s broker Martin Rule told her the following morning.

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“Your best bet for the remainder of the winter is to go full bore on plant inspections and preventative maintenance and hope you can ride it out,” he told her.

“Ride it out.” Those were words that Maxine DaGuerre hated. That wasn’t risk management, it was like playing roulette.

Sleep-deprived from meetings with Corsair Corp. engineers and operations personnel throughout the Atlantic seaboard through January, DaGuerre was trying to catch a nap in a drafty hotel in Wilmington, Del., on Feb. 10 when her phone buzzed.

It was Ochstein. He was a humbled man.

“We were out six hours at Leedsville from 6 a.m. to about an hour ago,” he told her. It almost sounded like his voice was cracking. He sounded exhausted.

An $18 million fine. No cover. Not for this.

“Another boiler problem?” DaGuerre asked him.

“Boiler-related.”

As Ochstein droned on, dispirited, with the technical details, DaGuerre started tuning him out.

She rolled over and stared at the framed print in her room as Ochstein’s words seeped in. She didn’t even feel sick, she felt numb.

She knew what Miller and Petruzzi would tell her and maybe they were right. Corsair had the resources to keep its plants up-to-speed and perhaps even profit greatly from the incentives it could earn from this Emergency Load Response arrangement with PJM.

But she knew one thing for sure.

She never again wanted to feel what she felt that early afternoon in that drafty hotel room in Wilmington.

These multimillion dollar hits had to stop. They couldn’t afford to fumble again.

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Risk & Insurance® partnered with Swiss Re Corporate Solutions to produce this scenario. Below are Swiss Re Corporate Solutions’ recommendations on how to prevent the losses presented in the scenario. This perspective is not an editorial opinion of Risk & Insurance®.

The cold snap during the Polar Vortex of January 2014 brought the northeast United States dangerously close to blackout conditions. As temperatures plunged, many of the region’s key power plants performed poorly, and the region came dangerously close to rotating blackouts and a loss of electric heat. Had the power gone out, a large segment of the population would have been exposed to the severe cold with dire consequences.

Recently, the PJM Interconnection, which manages the electric grid for 13 states (plus Washington DC) and nearly 61 million people, implemented a new electric generator incentive scheme that aims to prevent a repeat of the poor generator performance during January 2014. The new program, called PJM Capacity Performance, will provide increased revenue for power generation companies that participated in capacity auctions. However, while generation companies will receive additional revenues for offering firm capacity, there is also considerable risk for non-performance. An unplanned outage or derate at a power plant during an emergency event could have significant financial costs (a million dollars an hour or more, depending on plant size).

Swiss Re Corporate Solutions understands the risks facing your business. Our electricity price and power plant outage solutions are designed to help you take advantage of the new capacity incentives, and offer protection for unseen mechanical issues impacting power generation.

Power producers can manage that risk through Swiss Re Corporate Solutions’ Electricity Price & Outage (ELPRO) and Capacity Performance coverages, which compensates generators for output lost from unplanned outages based on market conditions at the time of loss. We also offer weather and commodity price risk solutions to help you manage risk. To learn more, visit http://www.swissre.com/corporate_solutions/solutions/weather/




Dan Reynolds is editor-in-chief of Risk & Insurance. He can be reached at [email protected]

More from Risk & Insurance

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Risk Scenario

The End of Summer

A failure to purchase product contamination insurance results in a crushing blow.
By: | October 15, 2018 • 9 min read
Risk Scenarios are created by Risk & Insurance editors along with leading industry partners. The hypothetical, yet realistic stories, showcase emerging risks that can result in significant losses if not properly addressed.

Disclaimer: The events depicted in this scenario are fictitious. Any similarity to any corporation or person, living or dead, is merely coincidental.

PART ONE: THE HEAT IS ON

Reilly Sheehan, the Bethlehem, Pa., plant manager for Shamrock Foods, looks up in annoyance when he hears a tap on his office window.

Reilly has nothing against him, but seeing the face of his assistant plant operator Peter Soto right then is just a case of bad timing.

Sheehan, whose company manufactures ice cream treats for convenience stores and ice cream trucks, just got through digesting an email from his CFO, pushing for more cost cutting, when Soto knocked.

Sheehan gestures impatiently, and Soto steps in with a degree of caution.

“What?” Sheehan says.

“I’m not sure how much of an issue this will be, but I just got some safety reports back and we got a positive swipe for Listeria in one of the Market Streetside refrigeration units.”

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Sheehan gestures again, and Soto shuts the office door.

“How much of a positive?” Sheehan says more quietly.

Soto shrugs.

“I mean it’s not a big hit and that’s the only place we saw it, so, hard to know what to make of it.”

Sheehan looks out to the production floor, more as a way to focus his thoughts than for any other reason.

Sheehan is jammed. It’s April, the time of year when Shamrock begins to ramp up production for the summer season. Shamrock, which operates three plants in the Middle Atlantic, is holding its own at around $240 million in annual sales.

But the pressure is building on Sheehan. In previous cost-cutting measures, Shamrock cut risk management and safety staff.

Now there is this email from the CFO and a possible safety issue. Not much time to think; too much going on.

Sheehan takes just another moment to deliberate: It’s not a heavy hit, and Shamrock hasn’t had a product recall in more than 15 years.

“Okay, thanks for letting me know,” Sheehan says to Soto.

“Do another swipe next week and tell me what you pick up. I bet you twenty bucks there’s nothing in the product. That swipe was nowhere near the production line.”

Soto departs, closing the office door gingerly.

Then Sheehan lingers over his keyboard. He waits. So much pressure; what to do?

“Very well then,” he says to himself, and gets to work crafting an email.

His subject line to the chief risk officer and the company vice president: “Possible safety issue: Positive test for Listeria in one of the refrigeration units.”

That night, Sheehan can’t sleep. Part of Shamrock’s cost-cutting meant that Sheehan has responsibility for environmental, health and safety in addition to his operations responsibilities.

Every possible thing that could bring harmful bacteria into the plant runs through his mind.

Trucks carrying raw eggs, milk and sugar into the plant. The hoses used to shoot the main ingredients into Shamrock’s metal storage vats. On and on it goes…

In his mind’s eye, Sheehan can picture the inside of a refrigeration unit. Ice cream is chilled, never really frozen. He can almost feel the dank chill. Salmonella and Listeria love that kind of environment.

Sheehan tosses and turns. Then another thought occurs to him. He recalls a conversation, just one question at a meeting really, when one of the departed risk management staff brought up the issue of contaminated product insurance.

Sheehan’s memory is hazy, stress shortened, but he can’t remember it being mentioned again. He pushes his memory again, but nothing.

“I don’t need this,” he says to himself through clenched teeth. He punches up his pillow in an effort to find a path to sleep.

PART TWO: STRICKEN FAMILIES

“Toot toot, tuuuuurrrrreeeeeeeeettt!”

The whistles of the three lifeguards at the Bradford Community Pool in Allentown, Pa., go off in unison, two staccato notes, then a dip in pitch, then ratcheting back up together.

For Cheryl Brick, 34, the mother of two and six-months pregnant with a third, that signal for the kids to clear the pool for the adult swim is just part of a typical summer day. Right on cue, her son Henry, 8, and his sister Siobhan, 5, come running back to where she’s set up the family pool camp.

Henry, wet and shivering and reaching for a towel, eyes that big bag.

“Mom, can I?”

And Cheryl knows exactly where he’s going.

“Yes. But this time, can you please bring your mother a mint-chip ice cream bar along with whatever you get for you and Siobhan?”

Henry grabs the money, drops his towel and tears off; Siobhan drops hers just as quickly, not wanting to be left behind.

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“Wait for me!” Siobhan yells as Henry sprints for the ice cream truck parked just outside of the pool entrance.

It’s the dead of night, 3 am, two weeks later when Cheryl, slumbering deeply beside her husband Danny, is pulled from her rest by the sound of Siobhan crying in their bedroom doorway.

“Mom, dad!” says Henry, who is standing, pale and stricken, in the hallway behind Siobhan.

“What?” says Danny, sitting up in bed, but Cheryl’s pregnancy sharpened sense of smell knows the answer.

Siobhan, wailing and shivering, has soiled her pajamas, the victim of a severe case of diarrhea.

“I just barfed is what,” says Henry, who has to turn and run right back to the bathroom.

Cheryl steps out of bed to help Siobhan, but the room spins as she does so.

“Oh God,” she says, feeling the impact of her own attack of nausea.

A quick, grim cleanup and the entire family is off to a walk-up urgent care center.

A bolt of fear runs through Cheryl as the nurse gives her the horrible news.

“Listeriosis,” says the nurse. Sickening for children and adults but potentially fatal for the weak, especially the unborn.

And very sadly, Cheryl loses her third child. Two other mothers in the Middle Atlantic suffer the same fate and dozens more are sickened.

Product recall notices from state regulators and the FDA go out immediately.

Ice cream bars and sandwiches disappear from store coolers and vending machines on corporate campuses. The tinkly sound of “Pop Goes the Weasel” emanating from mobile ice cream vendor trucks falls silent.

Notices of intent to sue hit every link in the supply chain, from dairy cooperatives in New York State to the corporate offices of grocery store chains in Atlanta, Philadelphia and Baltimore.

The three major contract manufacturers that make ice cream bars distributed in the eight states where residents were sickened are shut down, pending a further investigation.

FDA inspectors eventually tie the outbreak to Shamrock.

Evidence exists that a good faith effort was underway internally to determine if any of Shamrock’s products were contaminated. Shamrock had still not produced a positive hit on any of its products when the summer tragedy struck. They just weren’t looking in the right place.

PART THREE: AN INSURANCE TANGLE

Banking on rock-solid relationships with its carrier and brokers, Shamrock, through its attorneys, is able to salvage indemnification on its general liability policy that affords it $20 million to defray the business losses of its retail customers.

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But that one comment from a risk manager that went unheeded many months ago comes back to haunt the company.

All three of Shamrock’s plants were shuttered from August 2017 until March 2018, until the source of the contamination could be run down and the federal and state inspectors were assured the company put into place the necessary protocols to avoid a repeat of the disaster that killed 3 unborn children and sickened dozens more.

Shamrock carried no contaminated product coverage, which is known as product recall coverage outside of the food business. The production shutdown of all three of its plants cost Shamrock $120 million. As a result of the shutdown, Shamrock also lost customers.

The $20 million payout from Shamrock’s general liability policy is welcome and was well-earned by a good history with its carrier and brokers. Without the backstop of contaminated products insurance, though, Shamrock blew a hole in its bottom line that forces the company to change, perhaps forever, the way it does business.

Management has a gun to its head. Two of Shamrock’s plants, including Bethlehem, are permanently shuttered, as the company shrinks in an effort to stave off bankruptcy.

Reilly Sheehan is among those terminated. In the end, he was the wrong person in the wrong place at the wrong time.

Burdened by the guilt, rational or not, over the fatalities and the horrendous damage to Shamrock’s business. Reilly Sheehan is a broken man. Leaning on the compassion of a cousin, he takes a job as a maintenance worker at the Bethlehem sewage treatment plant.

“Maybe I can keep this place clean,” he mutters to himself one night, as he swabs a sewage overflow with a mop in the early morning hours of a dark, cold February.

Bar-Lessons-Learned---Partner's-Content-V1b

Risk & Insurance® partnered with Swiss Re Corporate Solutions to produce this scenario. Below are their recommendations on how to prevent the losses presented in the scenario. This perspective is not an editorial opinion of Risk & Insurance.®.

Shamrock Food’s story is not an isolated incident. Contaminations happen, and when they do they can cause a domino effect of loss and disruption for vendors and suppliers. Without Product Recall Insurance, Shamrock sustained large monetary losses, lost customers and ultimately two of their facilities. While the company’s liability coverage helped with the business losses of their retail customers, the lack of Product Recall and Contamination Insurance left them exposed to a litany of risks.

Risk Managers in the Food & Beverage industry should consider Product Recall Insurance because it can protect your company from:

  • Accidental contamination
  • Malicious product tampering
  • Government recall
  • Product extortion
  • Adverse publicity
  • Intentionally impaired ingredients
  • Product refusal
  • First and third party recall costs

Ultimately, choosing the right partner is key. Finding an insurer who offers comprehensive coverage and claims support will be of the utmost importance should disaster strike. Not only is cover needed to provide balance sheet protection for lost revenues, extra expense, cleaning, disposal, storage and replacing the contaminated products, but coverage should go even further in providing the following additional services:

  • Pre-incident risk mitigation advocacy
  • Incident investigation
  • Brand rehabilitation
  • Third party advisory services

A strong contamination insurance program can fill gaps between other P&C lines, but more importantly it can provide needed risk management resources when companies need them most: during a crisis.



Dan Reynolds is editor-in-chief of Risk & Insurance. He can be reached at [email protected]