Decree No. 195 / 2014 Coll.
Decree on the method of regulating prices and procedures for regulating gas prices
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Order
Effective from 12.09.2014
Text versions:
12.09.2014
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195
DECLARATION
of 4 September 2014
on the way prices are regulated and the procedures for regulating gas prices
Pursuant to Section 98a (2) (f) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll., the Energy Act provides for the implementation of Section 19a:
Basic concepts
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 six consecutive controlled years;
(c) a regional distribution system for gas distribution, to which 90 000 or more customer demand points are attached;
(d) a local distribution system, a gas distribution system to which less than 90,000 customer demand points are connected.
Method of regulation and pricing in gas
(1) The Authority shall regulate gas prices in accordance with the regulatory formula set out in Annex 1 to this Regulation.
(2) The Authority shall regulate gas distribution prices in accordance with the regulatory formula set out in Annex 2 to this Regulation.
(3) 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 the different determination of the permitted revenues and cost variables of the distribution system operator under the Energy Act, the setting of the prices for the distribution of gas by the local distribution system operator shall, in accordance with Annex 2 to this Decree, proceed accordingly. 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.
(4) The procedure for determining correction factors for transmission system operators and distribution system operators is set out in Annex 3 to this Regulation.
(5) The procedure for determining the regulated value of the gas installation and the procedure for determining the regulated cost of the gas installation is set out in Annex 4 to this Decree.
(6) The provisions of this Order concerning the lease shall apply mutatis mutandis to a pacht or other right of use to a gas installation for which the licence holder does not have a right of ownership.
(1) For the regulatory period, the Authority shall notify the transmission system operator of the parameters of the regulatory formula to the following extent:
(a) the starting value of the authorised costs;
(b) the starting value of the asset base;
(c) the annual value of the efficiency factor; and
(d) the index of business services prices.
(2) For the regulatory period, the Authority shall notify the distribution system operator of the parameters of the regulatory formula to the following extent:
(a) the starting value of the authorised costs;
(b) the starting value of the asset base;
(c) the annual value of the efficiency factor; and
(d) the index of business services prices.
(3) Amendments to the parameters of the regulatory formula referred to in paragraphs 1 and 2 are only possible during the regulatory period where:
(a) changes in 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) determination of parameter values on the basis of incorrect, incomplete or false supporting documents or data.
(1) For a regulated year, the Authority shall notify the transmission system operator of the parameters of the regulatory formula 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 planned depreciation of fixed assets;
(d) depreciation correction factor;
(e) the rate of return on the regulatory base of assets;
(f) the planned value of the activated investments;
(g) the planned value of the outstanding assets;
(h) the conversion factor for depreciation;
(i) profit matching factor;
(j) the planned purchase price for gas energy to cover losses and for the valuation of gas to drive compression stations in the transmission system;
(k) the quantity of losses allowed in the transmission system;
(l) the planned amount of gas energy to drive compressor stations in the gas transmission system to the output home point and to the output points of the virtual gas storage device;
(m) the planned excise duty on the amount of gas energy for the propulsion of compression stations in the transmission system;
(n) the planned revenues of the transmission system operator for deviations above the permitted tolerance and the planned revenues for balancing gas, minus the cost of its acquisition;
(o) the planned costs of the gas dealer or gas container operator flexibility service;
(p) scheduled fixed capacity at entry and exit points;
(q) the allocation coefficients for adjusted permitted revenues per entry and exit points;
(r) price allocation coefficients per entry and exit border point;
(s) coefficients for calculating the gas volume to cover the propulsion of compression stations at transmission system outlet points;
(t) the adjustment factor for the asset base;
(u) profit correction factor;
(v) correction factor for the gas transport activity;
(w) the allocation coefficient for actual gas transmission revenue at the entry points;
(x) the value of the permitted sales for the activity of international gas transport at entry points; and
(y) the value of the investment factor.
(2) For a regulated year, the Authority shall notify the distribution system operator of the parameters of the regulatory formula 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 planned depreciation of fixed assets;
(d) depreciation correction factor;
(e) the rate of return on the regulatory base of assets;
(f) the planned value of the activated investments;
(g) the planned value of the outstanding assets;
(h) the planned costs of purchasing gas for own technological consumption;
(i) the quantity of losses permitted;
(j) the planned amount of gas for the actual technological consumption of the distribution system operator;
(k) the planned costs of balancing gas overflows between distribution systems;
(l) the adjustment factor for the asset base;
(m) profit correction factor;
(n) correction factor for gas distribution activity;
(o) the planned costs of purchasing gas to cover the permitted amount of losses in the distribution system;
(p) the planned value of the regulated rent costs for the use of gas installations;
(q) the balancing factor of the regulated rent costs for the use of gas installations; and
(r) the value of the investment factor.
(1) The Authority shall notify the transmission system operator and the regional distribution system operator of the values of the parameters of the regulatory formula not later than 5 months before the start of the regulatory period, if the values of the parameters referred to in Article 3 (1) and (2) are concerned, and not later than 4 months before the start of each regulated year, if the parameters referred to in Article 4 (1) and (2) are concerned.
(2) The Authority shall notify the transmission system operator and the regional distribution system operator by 30 September of the calendar year preceding the regulated year of the calculated gas transmission and gas distribution prices.
(3) The Authority shall 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 2 (3), 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 pursuant to Article 2 (3), to submit within 15 calendar days of receipt of the request the economic and technical data necessary to establish 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. The calculated prices shall be notified by the Authority to the distribution system operator within 30 days of receipt of the supporting documents necessary for the determination of different prices.
(5) The Authority will determine the prices for the distribution of gas by a price decision of the local distribution system operator who has requested to establish a different price pursuant to Article 2 (3), 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 2 (3), by a decision of 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 in a material way, the Office shall determine the terms and conditions for negotiating prices by a price decision by 30 November of the calendar year preceding the calendar year for which the conditions for negotiating prices are laid down, with effect from 1 January of this 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 by a price decision of at least 30 calendar days before their date of application.
Method of regulation and pricing process for the activities of the gas market operator
(1) The Authority regulates the price for the activities of the gas market operator in accordance with the regulatory formula set out in Annex 5 to this Regulation.
(2) The procedure for determining the correction factors for licence holders for the activity of the market operator is set out in Annex 6 to this Decree.
(3) For the regulatory period, the Authority shall notify the licensee of 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) a price index coefficient for business services; and
(d) the price index of the services provided in the field of programming and consultancy.
(4) Amendments 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; or
(c) setting parameters on the basis of incorrect, incomplete or false supporting documents or data.
(5) For a regulated year, the Authority shall notify the licence holder of the activities of the market operator of the parameters of the regulatory formula 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) the market factor for gas activities; and
(i) the rate of return on authorised costs for gas activities.
(6) The Authority shall notify the licence holder of the activities of the market operator of the values of the parameters of the regulatory formula no later than 5 months before the start of the regulatory period, if the values of the parameters referred to in paragraph 3 are concerned, and no later than 4 months before the beginning of each regulated year, if the values of the parameters referred to in paragraph 5 are concerned.
(7) The Authority will notify the licence holder of the activities of 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 a price decision by 30 November of the calendar year preceding the regulated year, with effect from 1 January of the regulated year.
Procedure for fixing the prices when the licence holder is established or when the licence holder is transformed and when the gas installation is acquired or leased
(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 regulated year and the licence holder has not performed the licensed activity in the previous regulated year, the Office shall apply the provisions of § 3 to 5 mutatis mutandis when setting regulated prices.
(2) Where, during a regulated year, two or more licence holders are granted a licence 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 regulated year.
(3) Where, during a regulated year, two or more licence holders are involved in the same activity, the prices of the regulated activities laid down for the licence holders in respect of each of their designated territories shall continue to apply to the licence holders for whom the assets of the existing or existing licence holders are transferred until the end of the regulated year.
(4) If, during a regulated year, the assets of the holder of the licence are transferred to one member or shareholder (2) who holds the licence for the same activity as or applies for such a licence, the prices of the regulated activities of the existing licence holder shall continue to apply until the end of the regulated year.
(5) Where, during a regulated year, a division of the licence holder by division with the formation of new companies or by division of the compound m3 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 regulated year.
(6) Where, during a regulated year, a licence holder is divided by the formation of new companies or by the division of a compound of m3), the prices of the regulated activities of the distributed licence holder shall continue to apply to the legal successor or successor if the licensed activity has passed on to them from the distributed licence holder and are holders of licences to the same activity as the distributed licence holder, until the end of the regulated year.
(7) Where, during a regulated year, the transfer or ownership of an establishment or part thereof involving a gas installation for the performance of a licensed activity or the transfer or lease of a gas installation for the performance of the licensed activity is carried out by the transferor, the lessor, the smuggler or the smuggler or the person otherwise authorised to use the gas plant for the performance of the licensed activity by the end of the regulated year, the price of the regulated activities carried out by the transferor the lessor the smuggler or another person who leaves the gas facility for use in the designated territory.
(1) Where the effects of the merger or merger referred to in Article 7 (2) or (3), the transfer of assets to a shareholder or shareholder pursuant to Article 7 (4), the division of the licence holder pursuant to Article 7 (5) or (6), or the transfer or transfer or lease of a gas installation serving the licensed activity pursuant to Article 7 (7), are made after 30 November of the regulated year, the Office shall base its determination of the regulated prices for the following year on the information provided by the licensor's legal predecessors, subcontractors, transferors or subcontractors or subcontractors of the licensed activity. The prices laid down for these entities and their designated territories for the following regulated year shall apply to their legal successor, the acquiring company, the accepting partner or shareholder, or the acquirer or smuggler of the establishment or part thereof, or to the acquirer, tenant or otherwise authorised to use the natural gas installation for the purpose of carrying out the licensed activity for the whole of the regulated year, unless the Office provides otherwise, where justified. The same shall apply where the legal effects of the merger, merger, division, transfer of assets to one member or shareholder, transfer or ownership of the plant, or part of it, or the transfer or lease of a gas installation for the licensed activity referred to in this paragraph, initiated during a regulated year, occur only on the first day of the regulated year.
(2) Where a regional distribution system operator acquires a gas installation in its designated territory, the Authority will take into account in the regulatory base of the assets paid the price of the assets so acquired, but not more than the regulated value of the gas plant established in accordance with Annex 4 to this Decree. 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.
(3) Where a local distribution system operator acquires a gas installation on a fee or contract basis, the Authority shall take into account, in the regulatory basis of the assets paid, the price of the assets so acquired, but not more than the regulated value of the gas installation set out in Annex 4 to this Decree. Of the regulatory base of the assets thus determined, the permitted depreciation will be calculated.
(4) Where the distribution system operator has concluded a gas installation lease contract during a regulated year, the Authority will take into account the permitted costs of the rent paid, but not more than the regulated costs of the gas installation lease set out in Annex 4 to this Regulation.
Transitional provisions
(1) For the regulatory period beginning on 1 January 2010 and ending on 31 December 2015, the Authority shall act for the first time in accordance with this Decree for the regulated year 2015.
(2) The correction factors established in accordance with Annex 3 and Annex 6 to this Regulation for the last two years of the regulatory period starting on 1 January 2010 and ending on 31 December 2015 shall be settled during the regulatory period starting on 1 January 2016.
(3) The actual value of the investment factor determined in relation to the correction factor for the regulated year 2015 is not included in the asset base parameter and the related depreciation values for the relevant regulated years.
(4) The rate of return on the regulatory base of assets determined in accordance with the pre-tax methodology for the weighted average cost of capital is established for the regulated year 2015 on the basis of the average of this parameter from 2013 and 2014, i.e. for the gas transport activity of 6,105% and for the gas distribution activity of 6,479%. The value of the eligible costs for 2015 is determined without influence of the cost escalation factor of the year in question and the efficiency factor, i.e. at the level of eligible costs for the regulated year 2014. The procedure set out in Annexes 1 and 2 shall not apply to the determination of the return rates of the regulated asset base and the eligible costs for 2015.
(5) The Notice pursuant to § 8 (1) of Decree No. 140 / 2009 Coll., as amended, is deemed to be a Notice pursuant to § 5 (1).
(6) The notification pursuant to § 9a (6) of Decree No. 140 / 2009 Coll., as amended, is considered to be a notification under § 6 (6).
Repeal
The following shall be deleted:
1. Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and procedures for regulating prices.
2. Decree No. 264 / 2010 Coll., amending Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and procedures for regulating prices.
3. Decree No. 393 / 2011 Coll., amending Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and price regulation procedures, as amended by Decree No. 264 / 2010 Coll.
4. Decree No. 348 / 2012 Coll., amending Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and price regulation procedures, as amended.
5. Part Two of Decree No. 436 / 2013 Coll., on the method of regulating prices and procedures for regulating prices in electricity and heating and amending Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and procedures for regulating prices, as amended.
Efficacy
This decree shall take effect on the day of its publication.
President:
Ing. Vitásková v. r.
Příloha č. 1
Annex No 1 to Decree No 195 / 2014 Coll.
Procedure for setting gas prices
(A) Adjusted permitted yields
(1) The modified allowed UPVppi revenues in CZK of the transmission system operator are determined for the regulated year by the relationship
UPVppi = PVppi + IRFppi + NCPpppli × PZTpppli + SDpppli + CBKppi - VOBpppli + KFppi + PTpti,
where
i [-] is the serial number of the regulated year,
PVppi [CZK] is the value of the allowed revenues of the transmission system operator for the activity of gas transmission for the regulated year and determined by the relationship
PVppi = PNppi + Oppi + Zppi,
where
PNppi [CZK] is the allowed costs of the transmission system operator necessary to ensure the transport of gas for the regulated year as well as the relationship
PNppi = PNpp0 × 1-Xppi × 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;
PNpp0 [CZK] is the default value of the authorised costs of the transmission system operator necessary to ensure the transport of gas determined on the basis of cost values in the previous regulatory period,
Xpp [-] is the annual value of the efficiency factor for the gas transport activity,
It [%] is the value of the cost escalation factor of the year in question, but if its value is less than 100, the value of 100 determined by the relationship shall be used for the purposes of calculating
It = pIPS × IPSt + (1 - pIPS) × (CPit + 1),
where
PIPS [-] is the price index of business services for the gas transport activity, expressing the impact of the business services price index,
IPSt [%] is an index of business services prices 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 technical services, 77- Lease services, 78- Services in the field of employment, 80- Security and search services, 81- Services related to buildings, landscapes, 82- Administrative and other support services declared by the Czech Statistical Office in the table "Market Service Price Index '(code 011046) for the month of April of year, on the basis of the share of the rolling averages of the basis indices, where annual sales for services provided in 2005,
CPit [%] is the consumer price index determined 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, reported by the Czech Statistical Office in the table "Consumer price index '(code 012018) for April t,
Oppi [CZK] is the value of the permitted depreciation of the long-term tangible and intangible assets of the transmission system operator used to provide transport services for the regulated year and determined by the relationship
Oppi = Opppli + KVppoi + KFppoi
where
Oppli [CZK] is the value of the planned depreciation of the long-term tangible and intangible assets of the transmission system operator used to provide transport services for the regulated year i,
KVppoi [CZK] is a balancing factor for the depreciation of the transmission system operator, balancing the difference of depreciation due to the change in methodology between the 2nd and 3rd regulatory period, applied in year i,
KFppoi [CZK] is a correction factor for the depreciation of the transmission system operator, taking into account the difference between the actual and planned depreciation of the fixed tangible and intangible assets in the year i-2 determined in accordance with the procedure set out in Annex 3 to this Decree,
Zppi [CZK] is the gain of the transmission system operator for the regulated year and determined by the relationship
Zppi = MVppi100 × RABppi + KVppzi + KFppzi
where
MVppi [%] is the rate of return on the regulatory base of assets for the gas transmission activity for a regulated year determined by the Authority according to the methodology of the weighted average cost of capital before tax for year i,
RABppi [CZK] is the value of the regulatory base of the transmission system operator's assets for the regulated year and determined by the relationship
RABppi = RABpp0 + VYt = l + 1l + i VYRABppt + VYT = l + 3l + i KFPPRABt
for i = l and 2 is KFppRABt = o,
where
RABpp0 [CZK] is the starting value of the regulatory base of the transmission system operator's assets to ensure the transmission of gas determined by the Authority on the basis of the evolution of the value of the regulatory base of assets in the previous regulatory period,
The RABppt [CZK] is the planned annual change in the value of the regulatory base of the transmission system operator's assets to ensure the transport of gas in year t determined by the relationship
IAppplt - VMppplt - Oppplt × kppplt,
where
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Regulation Information
| Citation | Decree No. 195 / 2014 Coll., on the method of regulating prices and procedures for regulating gas prices |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.09.2014 |
|---|---|
| Effective from | 12.09.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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