Decree No. 140 / 2009 Coll.
Decree on the method of regulating prices in energy sectors and price regulation procedures
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Order
Effective from 25.05.2009
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140
DECLARATION
of 11 May 2009
on the way prices are regulated in energy sectors and price regulation procedures
Pursuant to Section 98a (2) (f) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll., for the implementation of Section 17, paragraphs 11, 12 and 19a of the Energy Act:
Basic concepts
(1) For the purposes of this decree:
(a) the regulated year of the calendar year for which prices are regulated by the Office;
(b) a regulatory period defined by a period of five consecutive controlled years.
(2) For the purposes of this decree, in the field of gas:
(a) the regional distribution system of the distribution system to which 90 000 or more customer demand points are connected;
(b) a local distribution system of a distribution system to which less than 90,000 customer demand points are connected.
Method of regulation and pricing in gas
(1) The Office shall regulate the gas prices of the transmission system operator as set out in Annex 8 to this Regulation.
(2) The Authority regulates the gas distribution prices of the regional distribution system operator in the manner set out in Annex 9 to this Decree and the price for the distribution of gas by the local distribution system operator pursuant to Article 7 (5).
(3) The Authority regulates the gas prices of the supplier of the last instance by means of a material price adjustment.
(1) The pricing process for gas transport and gas distribution is set out for a regulatory period using a regulatory formula.
(2) For the regulatory period, the Authority shall determine and notify the parameters of the regulatory formula to the extent that:
(a) holder of a gas licence
1. the starting value of the authorised costs;
2. the starting value of the asset base;
3. the annual value of the efficiency factor;
4. price index of business services,
(b) holder of a gas distribution licence
1. the starting value of the authorised costs;
2. the starting value of the asset base;
3. the annual value of the efficiency factor;
4. price index of business services.
(3) Amendments to the parameters of the regulatory formula referred to in paragraph 2 are only possible during the regulatory period in cases where:
(a) amendments to the legislation directly related to the licensed activity of the licence holder which have a significant impact on the parameters of the regulatory formula;
(b) exceptional changes in the gas market or other exceptional changes in the national economy worthy of special consideration; or
(c) setting parameters on the basis of incorrect, incomplete or false supporting documents or data.
(4) For a regulated year, the Authority shall determine and notify the parameters of the regulatory formula to the extent that:
(a) holder of a gas licence
1. the value of the consumer price index;
2. the value of the business services price index;
3. the value of the planned depreciation of fixed assets,
4. depreciation correction factor,
5. the rate of return on the regulatory base of assets;
6. the planned value of the activated investments;
7. the planned value of the outstanding assets,
8. conversion factor of depreciation,
9. Profit matching factor,
10. the planned purchase price of gas energy to cover losses and for the valuation of gas to drive compression stations in the transmission system;
11. Allowed amount of losses in the transmission system,
12. planned amount of gas energy to drive compression stations in the transmission system to the output home point and to the output points of the virtual gas storage device;
13. Planned excise duty on the amount of gas energy for propulsion of compression stations in the transmission system,
14. the transmission system operator's planned revenues for deviations above the permitted tolerance and the planned balancing gas revenue minus the cost of its acquisition;
15. the planned costs of the Flexibility Service by the gas trader or operator of the underground gas container;
16. scheduled fixed capacity at entry and exit points,
17. Allocation coefficients for adjusted permitted revenues per entry and exit points,
18. price allocation coefficients per entry and exit border point;
19. Coefficient for calculating the gas volume to cover the propulsion of compression stations at transmission system output points;
20. Correction factor for the asset base;
21. Profit correction factor,
22. correction factor for gas transport activity;
23. coefficient of allocation of actual gas transmission revenue at entry points;
24th value of permitted sales for the activity of international gas transport at entry points,
(b) holder of a gas distribution licence
1. the value of the consumer price index;
2. the value of the business services price index;
3. the value of the planned depreciation of fixed assets,
4. depreciation correction factor,
5. the rate of return on the regulatory base of assets;
6. the planned value of the activated investments;
7. the planned value of the outstanding assets,
8. planned costs of purchasing gas for own technological consumption;
9. Allowed amount of losses,
10. the planned amount of gas for the actual technological consumption of the distribution system operator,
11. Planned costs of balancing gas overflows between distribution systems;
12. correction factor of the asset base;
13. profit correction factor,
14. correction factor for gas distribution activity;
15. the planned costs of purchasing gas to cover the permitted amount of losses in the distribution system;
16. the planned value of the regulated rent costs for the use of gas installations;
17. balancing factor of the regulated rent costs for the use of gas installations.
(5) The local distribution system operator shall use gas distribution prices up to the gas distribution prices of the regional distribution system operator to which the distribution system is connected. If the Authority decides on a different determination of the permitted revenues and cost variables of the distribution system operator under the Energy Act, it shall, in adjusting the gas distribution prices of the local distribution system operator, proceed accordingly in accordance with Annex 9 to this Decree. The prices set by this procedure shall be used by the local distribution system operator until the end of the regulatory period in which they are determined.
(1) The Authority shall notify the transmission system operator and distribution system operator of the specified parameters of the regulatory formula no later than 5 months before the start of the regulatory period, if the parameters referred to in Article 7 (2) are concerned, and no later than 4 months before the start of each regulated year, if the parameters referred to in Article 7 (4) are concerned.
(2) The Authority shall notify the transmission system operator and the regional distribution system by 30 September of the calendar year preceding the regulated year of the calculated gas transmission and distribution prices.
(3) The Authority will notify the local distribution system operator, which has already been set different gas distribution prices in the previous year of the same regulatory period pursuant to Article 7 (5), by 31 October of the calendar year preceding the regulated year of the calculated gas distribution prices for the gas distribution system operated by it.
(4) The Authority will invite the local distribution system operator, who has requested, during a regulated year, the setting of gas distribution prices in accordance with Article 7 (5), to submit within 15 calendar days of receipt of the request the economic and technical data necessary for the determination of different prices. The supporting documents submitted shall be evaluated by the Authority within 30 calendar days of their receipt in terms of the extent and content of the data needed to determine different prices for the specific conditions of the local distribution system. In the following 30 calendar days, the Authority shall notify the distribution system operator, who has requested a different price, of the calculated price for gas distribution.
(5) The Authority will determine the prices for the distribution of gas to the local distribution system operator which has requested to establish a different price pursuant to Article 7 (5) no later than the following calendar month after the calendar month in which the different prices were calculated, with effect from the first day of the calendar month following the calendar month in which the prices were fixed.
(6) The Office shall fix prices with the exception of those referred to in the second sentence of Article 7 (5) by 30 November of the calendar year preceding the regulated year, with effect from 1 January of the regulated year. In the case of price regulation, the Office shall determine the conditions for the negotiation of prices by 30 November of the calendar year preceding the calendar year for which the conditions for the negotiation of prices are laid down, with effect from 1 January of that year. Where the Office regulates prices with a different effect from 1 January of the regulated year, it shall determine the prices or conditions for the negotiation of prices at least 30 calendar days before the date of their application.
The method of determining the correction factors in the gas industry is set out in Annex 10 to this Decree.
Method of regulation and pricing process for the activities of the gas market operator
(1) The Authority shall regulate the price for the activities of the gas market operator as set out in Annex 5 to this Regulation.
(2) The pricing process for the activities of the market operator is set for a regulatory period using a regulatory formula.
(3) For the regulatory period, the Authority shall determine and notify to the licence holder the parameters of the regulatory formula for gas activities to the following extent:
(a) the starting value of the authorised costs;
(b) the annual value of the efficiency factor;
(c) price index coefficient of business services;
(d) the price index of the services provided in the field of programming and consultancy.
(4) Changes to the parameters of the regulatory formula referred to in paragraph 3 shall only be possible during the regulatory period where:
(a) amendments to the legislation directly related to the licensed activity of the licence holder which have a significant impact on the parameters of the regulatory formula;
(b) exceptional changes in the gas market or other exceptional changes in the national economy worthy of special consideration;
(c) setting parameters on the basis of incorrect, incomplete or false supporting documents or data.
(5) For a regulated year, the Authority shall determine and notify the parameters of the regulatory formula to the licence holder for the activities of the market operator, to the following extent:
(a) the value of the consumer price index;
(b) the value of the business services price index;
(c) the value of the price index of services provided in the field of programming and consultancy;
(d) the value of the planned depreciation of fixed assets for gas activities;
(e) depreciation correction factor for gas activities;
(f) the planned gas collection and consumption values for the calculation of the price per regulated year in the gas industry;
(g) revenue from other gas activities;
(h) market factor for gas activities;
(i) the rate of return on authorised costs for gas activities.
(6) The Authority shall notify the market operator of the parameters of the regulatory formula no later than 5 months before the start of the regulatory period, if it is the parameters referred to in paragraph 3, and no later than 4 months before the start of each regulated year, if it is the parameters referred to in paragraph 5.
(7) The Authority will notify the market operator by 30 September of the calendar year preceding the regulated year of the calculated price for the regulated activities of the market operator.
(8) The Office shall fix the prices by 30 November of the calendar year preceding the regulated year, with effect from 1 January of the regulated year.
Procedure for determining the prices for the creation of a licence holder and the conversion of existing licence holders into gas
(1) Where a licence is granted to a legal person without a legal predecessor or a licence is granted to a natural person during a calendar year and the licence holder has not performed the licensed activity in the previous calendar year, the Office shall apply the provisions of Sections 7 and 8 mutatis mutandis when setting gas prices.
(2) Where, during a calendar year, a licence is granted to a legal successor as a result of a merger of 3) two or more licence holders for the same activity, the prices of regulated activities laid down for the licensor's legal predecessor for each of their designated territories shall continue to apply to such licence holders until the end of the calendar year. If, during a calendar year, two or more licence holders are involved in the same activity, the prices of the regulated activities set for the licensee in respect of each of their designated territories shall continue to apply to the licence holder to whom the assets of the existing or existing licence holders are transferred until the end of the calendar year.
(3) If, during a calendar year, the assets of the holder of the licence are transferred to a single member or shareholder (5) who holds or applies for the same activity as the deceased licence holder, the prices of the regulated activities of the licensee shall continue to apply to him until the end of the calendar year. Where, during a calendar year, a division of the licence holder with the setting up of new companies or compounds (6) is made, the prices of the regulated activities of the licence holder shall continue to apply to the legal successor or successors, provided that they hold licences for the same activity as the licensee being acquired, until the end of the calendar year. Where, during a calendar year, a division of the licence holder by the segregation of new companies or by the segregation of compounds is made), the prices of the regulated activities of the licence holder shall continue to apply to the legal successor or successors, provided that they hold licences for the same activity as the licensee being acquired, until the end of the calendar year.
(4) Where, during a calendar year, a transfer or lease of an undertaking or part thereof involving an energy installation serving the performance of a licensed activity is made, the acquirer or lessee of the undertaking or part thereof shall, by the end of the calendar year, pay the price of regulated activities applied by the transferor or or the lessor in the designated territory where the energy installation is located.
(5) Where the effects of the merger or merger referred to in paragraph 2, the transfer of capital to a shareholder or shareholder, the division of the licence holder or the divestment referred to in paragraph 3, or the transfer or lease of an undertaking or part thereof referred to in paragraph 4, take place after 30 November of the calendar year, the Office shall base its determination of the regulated prices for a regulated year on the information provided by the legal predecessors of the licence holder, the divided companies, the transferee or the lessor the lessee of the undertaking or part thereof, unless it is otherwise provided for in justified cases. The same shall apply where the legal effects of the merger, merger, division, division, transfer of assets to one member or shareholder, or transfer or lease of an undertaking or part thereof under this paragraph, initiated during a calendar year, would not occur until the first day of the regulated year.
(6) Where a regional distribution system operator acquires a gas installation in its designated territory, the Authority shall take into account, in the regulatory basis of the assets paid, the price of the assets acquired, but not more than the regulated value of the gas plant set out in Annex 11 to this Regulation. Of the regulatory base of the assets thus determined, the permitted depreciation will be calculated. Where a regional distribution system operator acquires a gas installation outside its designated territory, the regulated gas distribution price for the gas distribution system of the gas operator to which the gas installation is connected shall continue to apply to that customer demand point.
(7) Where a local distribution system operator acquires a gas installation on a fee basis, the Authority shall take into account the price paid in the regulatory basis of the assets so acquired, but not more than the regulated value of the gas plant established in accordance with Annex 11 to this Decree. Of the regulatory base of the assets thus determined, the permitted depreciation will be calculated.
(8) If the distribution system operator has concluded a gas installation lease contract during a calendar year, the Authority will take into account the permitted costs of the rent paid but not more than the regulated rent costs set out in Annex 11.
Transitional provisions
(1) For the first time, the Authority is pursuing the setting of parameters under this Decree for the regulatory period starting on 1 January 2010 and ending on 31 December 2014. The parameters referred to in Articles 3 (4) (a) (13) to (16) and 3 (4) (b) (11) to (15) shall be first established by the Authority and notified to the licence holder for the regulated year 2013.
(2) When regulating prices for a regulatory period beginning on 1 January 2005 and ending on 31 December 2009 and their subsequent corrections, the Authority shall act in accordance with the existing legislation.
Repeal
Decree No. 150 / 2007 Coll., on the method of regulating prices in energy sectors and price regulation procedures, is repealed.
Efficacy
This decree shall take effect on the day of its publication.
Chairman:
Ing. Fiøt v. r.
Příloha č. 5
Annex No. 5 to Decree No. 140 / 2009 Coll.
Procedure for setting the price for the activities of the gas market operator
The price for the activities of the market operator in the gas industry Soti in CZK / MWh is determined by the regulatory formula
and in the gas industry, by the regulation formula of soti = UPVotiRMDPotpi + sosuri
where
i is the serial number of the regulated year;
UPVots [CZK] are the adjusted permitted revenues of the market operator for the activities of the gas market operator for the regulated year established by the relationship
UPVoti = PVoti + Foti- Votosti + KFoti
where
PVots [CZK] are permitted revenues of the market operator for the activities of the gas market operator for a regulated year determined by the relationship
PVoti = PNoti + Ooti + Zoti
where
PNoti [CZK] is the allowed costs of the market operator for the activities of the gas market operator for the regulated year established by the relationship
PNoti = PNot0 × 1-Xoti × i1 + i-1It100
where
t is the number of years within the regulatory period;
l is the year preceding the first regulated year of the regulatory period;
PNot0 [CZK] is the starting value of the authorised costs of the market operator for the activities of the gas market operator established on the basis of planned cost values for 2010,
Xot [-] is the annual value of the efficiency factor for the activities of the gas market operator,
It [%] is the value of the cost escalation factor of the year in question, if its value is less than 100, the value of 100 shall be used for the purposes of the calculation; the escalation factor value is determined by the relationship
It = pIIT × IITt + pIPS × IPSt + 1-pIIT-pIPS × CPit + 1
where
pIIT [-] is the price index of the services provided in the field of programming and consultancy,
PIPS [-] is the index of business services prices,
IITt [%] is the price increase index for the services provided in the field of programming and consultancy (item 62 Programming and consultancy) established on the basis of the share of the rolling averages of the Basic Index of Market Services prices for the last 12 months and the previous 12 months, published by the Czech Statistical Office in the table "Market Service Price Indices' (code 7008) for April t,
IPSt [%] is an index of business services determined as a weighted average of the 62-Programming and consultancy, 63-Information services, 68- Real estate services, 69- Legal and accounting services, 71- Architectural and engineering services, 73- Advertising services and market research, 74- Other professional, scientific and those. Sl., 77-Services in the field of renting, 78- Services in the field of employment, 80- Security and search services, 81- Sl. south with construction, landscape, 82- Administration. and other support services published by the Czech Statistical Office in the table "Market service price indices' (code 7008) for April t on the basis of the share of the rolling averages of the basis indices where the weights are annual revenues for services provided in 2005,
CPit [%] is the consumer price index established on the basis of the share of the floating averages of the basic indices of consumer prices over the last 12 months and the previous 12 months, published by the Czech Statistical Office in the table "Consumer price index '(code 7101) for April t,
Ooti [CZK] is the value of the permitted depreciation of the long-term tangible and intangible assets of the market operator used to ensure the activity of the gas market operator for the regulated year, determined by the relationship
Ooti = Ootpli + KFotoi
where
Ootgli [CZK] is the planned value of depreciation of the long-term tangible and intangible assets of the market operator used to ensure the activity of the gas market operator for the regulated year,
KFotoi [Kč] is a correction factor for the depreciation of the market operator taking into account the difference between the actual and planned depreciation of the fixed tangible and intangible assets used to ensure the activity of the gas market operator in i-2, determined in accordance with the procedure set out in Annex 5a to this Decree,
Zoti [CZK] is the allowed profit of the market operator for the activities of the gas market operator for the regulated year, determined by the relationship
Zoti = MVoti100 × PNoti
where
MVoti [%] is the rate of return on authorised costs for the activities of the gas market operator for the regulated year determined by the Authority,
Photographs [CZK] is a market factor taking into account changes in the gas market that affect the activities and management of the gas market operator established by the Authority for the regulated year i,
Volumes [CZK] are the planned revenues from other activities of the market operator, including revenues for the organisation of the short-term gas market, revenues resulting from the registration of the clearing entity, annual payments for the clearing activity and payments for the provision of actual values to gas market participants for a regulated year,
KFoti [CZK] is the correction factor for the activities of the gas market operator established in accordance with Annex 5a to this Decree; At the request of a market operator, the Authority may decompose the application of the correction factor to more than one regulated year, applying the time value of money principle,
RMDPotpi [MWh] is the planned amount of gas energy distributed to customers connected to all regional distribution systems supplied to all customers connected directly to the transmission system, the amount of gas energy to cover losses in the transmission system and the amount of gas to cover losses and gas for own technological consumption for all holders of a gas distribution licence operating regional distribution systems for a regulated year,
sosrei, sosburi [CZK / MWh] is a special fee according to § 17d of Act No. 458 / 2000 Coll., as amended.
No rounding is carried out during the calculations.
The input values are given in rounding depending on the unit
(a) CZK in whole crowns,
(b) MWh to 3 decimal places;
(c) percentage to 3 decimal places;
(d) a proportional rate to 5 decimal places;
e) CZK / MWh to 2 decimal places.
The final price is rounded to 2 decimal places.
Příloha č. 5a
Annex No. 5a to Decree No. 140 / 2009 Coll.
Determination of the correction factors to the market operator for the activities of the gas market operator
(1) The correction factor of the depreciation of the market operator in the gas industry KFotoi in CZK is determined by the relationship
KFotoi = Ootski-2-Ootpli-2 × CPIi-2100 × CPIi-1100 for i ≥ 3
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Regulation Information
| Citation | Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and procedures for regulating prices |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.05.2009 |
|---|---|
| Effective from | 25.05.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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