Decree No. 348 / 2012 Coll.
Decree amending Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and price regulation procedures, as amended
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Effective from 05.11.2012
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05.11.2012
22.10.2012
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348
DECLARATION
of 12 October 2012
amending Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and price regulation procedures, as amended
The Energy Regulatory Authority shall determine, pursuant to Article 98a (2) (f) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll., and under § 53 (2) (l) of Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws (hereinafter referred to as "the Act on Supported Energy Sources'), to implement § 11 (12), § 13 (3), § 28 (3), § 36 (1), § 43 (1) of the Act on Supported Energy Sources:
Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and price regulation procedures, as amended, is amended as follows:
1. In the introductory sentence, the words "and pursuant to Section 12 (3) of Act No. 180 / 2005 Coll., on the promotion of the production of electricity from renewable energy sources and on the amendment of certain laws (Act on the Promotion of the Use of Renewable Resources) 'are replaced by the words" and under Section 53 (2) (l) of the Act on Supported Energy Sources'.
2. In the introductory sentence, "Paragraph 4 (10) of the Renewable Resources Support Act 'is replaced by" § 11 (12), § 13 (3), § 28 (3), § 36 (1), § 43 (1) of the Supported Energy Resources Act'.
3. Paragraph 2 (7) and (8) read:
"(7) The Authority will determine the hourly green bonus for electricity produced from renewable sources as set out in Annex 6a to this Decree.
(8) The Office shall fix the price for the activity of the Purchaser in the manner set out in Annex No 6b to this Order. "
4. Paragraph 3 (4), including footnote 10, reads:
"(4) For a regulated year, the Authority shall determine and notify the licence holder of the parameters of the regulatory formula to the following extent:
(a) holder of a licence for electricity transmission
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 value of electricity collection and consumption for the calculation of the prices of the regulated year;
11. the price of power electricity to cover transmission losses;
12. income from other activities linked to the licensed activity;
13. Allowed level of total transmission loss,
14. the proceeds of auctions on cross-border profiles used to reduce the permitted revenues for electricity transmission activities;
15. the incentive component of profit for the organisation of trade in support services,
16. escalation factor of the permitted costs of purchasing support services,
17. Differences between revenues and settlement costs arising from the settlement of the costs of derogation, regulatory energy, regulatory energy from the operational supply of electricity from abroad and abroad in the framework of cooperation at the level of the transmission system operator, the redispatching and compensation for the non-recovery of electricity in the dispatching proceedings;
18. correction factor of the asset base;
19. Profit correction factor,
20. Correction factor using the transmission network,
21. The correction factor for system services,
22. correction factor related to the promotion of electricity from renewable sources, cogeneration and secondary energy sources;
23. Investment factor,
24. factor taking into account changes in the organisation of the electricity market affecting the activity of providing system services related to wind and solar power generation,
(b) holder of a licence for distribution of electricity
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, broken down by voltage levels;
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 electricity consumption and consumption values for the calculation of the prices of the regulated year;
9. the price of power electricity to cover losses in the distribution system;
10. revenues from other activities linked to the licensed activity broken down by voltage levels;
11. a proportional number expressing the maximum value of the bonus or penalty payments in the field of quality,
12. maximum limit value of the quality indicator;
13. the minimum limit value of the quality indicator;
14. upper and lower limits of the neutral quality band;
15. coefficient of distribution of the quality factor per voltage level,
16. correction coefficients for permitted revenues between voltage levels,
17. balance of revenues and costs of overflows between distribution system operators' networks, broken down by voltage levels,
18% premium on the uneven coefficient,
19. Correction factor for the asset base;
20. Profit correction factor,
21. Correction factor for electricity distribution activity;
22. correction factor for grid-level support services;
23. Correction factor related to the promotion of electricity from renewable sources, cogeneration and secondary energy sources,
(c) the holder of a licence for trade in electricity which carries out the activity of the purchaser under another legislature10);
1. planned costs of derogations in connection with the purchase of electricity;
2. planned administrative costs associated with the purchase of electricity;
3. planned costs related to the purchase of electricity in the form of ransom prices,
4. the planned additional costs resulting from the difference between the purchase price and the green electricity bonus;
5. correction factor for the activity of the obligor;
6. the planned quantity of electricity purchased under the ransom price regime.
10) Act No. 165 / 2012 Coll., on supported energy sources and on the amendment of certain laws. '.
5. Paragraph 4 (1) reads as follows:
"(1) The Authority shall notify the parameters of the regulatory formula:
(a) the transmission system operator shall not later than 6 months before the start of the regulatory period, if the parameters referred to in Article 3 (2) are concerned, and not later than 6 months before the start of each regulated year, if the parameters referred to in Article 3 (4) (a) (11) are concerned, except for the parameter referred to in Article 3 (4), which the Authority shall notify no later than 10 October of the year preceding the regulated year;
(b) the distribution system operators shall, not later than 5 months before the start of the regulatory period, if the parameters referred to in Article 3 (2) are concerned, and not later than 5 months before the beginning of each regulated year, if the parameters referred to in Article 3 (4) (b) (9) and (16) are concerned, which the Authority shall notify no later than 25 October of the year preceding the regulated year,
(c) to the purchaser not later than 5 months before the start of each regulated year, if the parameters referred to in Article 3 (4) are concerned, with the exception of those referred to in Article 3 (4) (c) (1) and (3), which the Authority shall notify no later than 5 November of the year preceding the regulated year. "
6. In Article 4 (2), "5 October 'is replaced by" 10 October';
7. Paragraph 4 (4) reads as follows:
"(4) The Office shall notify the Purchaser by 5 November of the calendar year preceding the regulated year of the calculated price for the activity of the Purchaser."
8. In Article 6, the following paragraph 4 is added:
"(4) The Authority shall determine the component of the price for the transport of gas and the price for the distribution of gas to cover the costs of supporting biomethane in accordance with the procedure laid down in Article 9b. '
9. In Paragraph 8 (1), "15 September 'is replaced by" 4 months';
10. § 9a, including the title:
Method of regulation and pricing process for the activities of the market operator in electricity, gas and heating
(1) The Authority regulates the price for the activities of the market operator in electricity, gas and heat engineering in the manner set out in Annex 5 to this Decree.
(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 the licence holder of the activities of the market operator of the parameters of the regulatory formula, in particular for electricity and heating activities and 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 electricity or gas market or other exceptional changes in the national economy which are of particular concern;
(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 electricity activities and the value of the planned depreciation of fixed assets for gas activities;
(e) depreciation correction factor for electricity activities and depreciation correction factor for gas activities;
(f) the correction factor for the activities of the electricity and heat market operator and the correction factor for the activities of the gas market operator under other legislation10);
(g) the planned administrative costs associated with the promotion of electricity from renewable sources, high-efficiency cogeneration, secondary sources, decentralised electricity production, operating heat and biomethane support under other legislation10);
(h) the planned costs associated with the promotion of electricity from renewable sources, high-efficiency cogeneration, secondary sources, decentralised electricity production and biomethane support under other legislation10);
(i) the planned electricity consumption and consumption values for the calculation of the price per regulated year in electricity;
(j) the planned value of gas collection and consumption for the calculation of the price per regulated year in the gas industry;
(k) revenue from other electricity activities and revenue from other gas activities;
(l) the market factor for electricity activities and the market factor for gas activities;
(m) the rate of return on authorised costs for electricity activities and 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. "
11. The following Section 9b is inserted after Section 9a, including the title and footnote 11:
Method of determining the costs of the market operator associated with the promotion of electricity, the promotion of decentralised electricity production and the promotion of biomethane
(1) The Authority sets out the component of the electricity transmission and distribution price to cover costs associated with the promotion of electricity under another legislature10) in the manner set out in Annex 6 to this Regulation, the component of the electricity distribution price associated with the promotion of decentral electricity under another legislature10) in the manner set out in Annex 6c to this Regulation and the component of the price for the transport and distribution of gas to cover costs associated with the promotion of biomethane under another legislature10) in the manner set out in Annex 6d to this Regulation.
(2) The process of creating the transmission and distribution price component to cover the costs associated with the promotion of electricity, the distribution price component to cover the costs associated with the promotion of the decentral production of electricity and the transmission and distribution price component to cover the costs associated with the promotion of biomethane is established for a regulatory period using a regulatory formula.
(3) 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 referred to in paragraph 2, to the following extent:
(a) the planned costs associated with the payment of electricity, decentralised electricity production and biomethane separately for the aid in the form of ransom prices, green bonuses and bonuses;
(b) the planned value of the total electricity consumption for the determination of the transmission and distribution price component to cover the costs associated with the promotion of electricity and for the determination of the distribution price component to cover the costs associated with the promotion of the decentral production of electricity;
(c) the planned value of the total gas consumption for determining the component of the price for the transport and distribution of gas to cover the costs associated with the promotion of biomethane;
(d) planned State budget funds for the operational promotion of heat from renewable sources;
(e) the correction factor of the market operator relating to the payment of electricity and bio-methane aid;
(f) correction factor for state budget support for renewable heat,
(g) correction factors for transmission system operators and regional distribution system operators related to the promotion of electricity from renewable sources, cogeneration of electricity and heat and secondary sources under other legislation11).
(4) The Authority shall notify the market operator of the parameters of the regulatory formula no later than 15 September of the calendar year preceding the regulated year, if the parameters referred to in paragraph 3 (e) to (g) are concerned, and no later than 5 November before the beginning of each regulated year, if the parameters referred to in paragraph 3 (a) to (d) are concerned.
(5) The Authority will notify the market operator, by 15 November of the calendar year preceding the regulated year, of the calculated component of the price for electricity transmission and distribution to cover the cost of electricity support, the component of the price for electricity distribution to cover the costs associated with the promotion of decentralised electricity production and the component of the price for gas transport and distribution to cover the costs associated with the promotion of biomethane.
(6) The Authority will determine the transmission and distribution price component to cover the costs associated with the promotion of electricity, the distribution price to cover the costs associated with the promotion of the decentral production of electricity and the transmission and distribution price to cover the costs associated with the promotion of biomethane by 30 November of the calendar year preceding the regulated year, with effect from 1 January of the regulated year.
11) § 54 paragraph 18 of Act No. 165 / 2012 Coll. '
12. Annexes 1 to 3 shall read as follows:
"Annex No 1 to Decree No. 140 / 2009 Coll.
Procedure for setting electricity transmission prices
The unit price for the annual reserved capacity of the transmission system cperci in CZK / MW is determined by the regulatory formula
cperci = UPVpei dijk = 1nRRK (PS-VVN) ki
where
i is the serial number of the regulated year;
UPV pei [CZK] is the value of the adjusted allowed revenues of the transmission system operator for the electricity transmission activity for the regulated year, determined by the relationship
UPVpei = PVpei + IFpei-VpeAi-Vpeosti-VpeVYRi-2 × CPIi-2100 × CPIi-1100
where
PVpei [CZK] is the value of the allowed revenues of the transmission system operator for the electricity transmission activity for the regulated year, determined by the relationship
PVpei = PNpei + Olei + Zpei
where
PNpei [CZK] are the allowed costs of the transmission system operator necessary to ensure the transmission of electricity for the regulated year, determined by the relationship
PNpei = PNpe0 × 1-Xpei × 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;
PNpe0 [CZK] is the default value of the permitted costs of the transmission system operator necessary to ensure the transmission of electricity, determined on the basis of cost values in the previous regulatory period,
Xpe [-] is the annual value of the efficiency factor for the electricity transmission 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 electricity transmission activities expressing the degree of influence of the business services price index,
IPSt [%] is an index of business services prices, established as a weighted average of 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- Services in the field of rental, 78- Services in the field of employment, 80- Security and search services, 81- Services related to buildings, landscaping, 82- Administrative and other support services, published by the Czech Statistical Office in the table "Market Services Indexes' (code 7008) per month of April of year, on the basis of the share of the interconnected infrastructures of the Basic indices where the annual markets 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,
Olei [CZK] is the value of the permitted depreciation of the long-term tangible and intangible assets of the transmission system operator used to provide transmission services for the regulated year, determined by the relationship
Olei = Olepli + KVpeoi + KFpeoi
where
The [CZK] is the planned value of depreciation of the long-term tangible and intangible assets of the transmission system operator used to provide transmission services for the regulated year i,
KVpeoi [CZK] is a balancing factor for the depreciation of the transmission system operator, balancing the difference of depreciation caused by the change in methodology between the 2nd and 3rd regulatory period, applied in year i,
KFpeoi [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 i-2, determined in accordance with the procedure set out in Annex 7 to this Decree,
Zpei [CZK] is the gain of the transmission system operator for the regulated year, determined by the relationship
Zpei = MVpei100 × RABpei + KVpezi + KFpezi
where
MVpei [%] is the rate of return on the regulatory base of assets for the electricity transmission activity for the regulated year, determined by the Authority according to the weighted average cost of capital before tax methodology for year i,
RABpei [CZK] is the value of the control base of the transmission system operator's assets for the regulated year, determined by the relationship
RABpei = RABpe0 + IKFperabt = l + 1l + i IKFperabt + IKFperabt
for i = 1 and 2 is KFperABt = 0
where
RABpe0 [CZK] is the baseline value of the regulatory base of the transmission system operator's assets to ensure the transmission of electricity, 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 RABpet [CZK] is the planned annual change in the value of the regulatory base of the transmission system operator's assets to ensure the transmission of electricity in year t, determined by the relationship
IApeplt - VMpeplt - Oleplt × kpeplt
where
IApeplt [CZK] is the planned value of the activated investments of the transmission system operator for year t,
VMpeplt [CZK] is the planned value of the decommissioning assets of the transmission system operator for the year t12),
The operator [CZK] is the planned value of depreciation of the long-term tangible and intangible assets of the transmission system operator used to provide transmission services for the regulated year t,
kpeplt [-] expresses the planned revaluation coefficient of the regulatory base of the transmission system operator's assets for year t, determined by the relationship
kpeplt = RABpet-1ZHApeplt-1 for t = 1 + i, i > 1, kpeplt ≤ 1
kpeplt = RABpe0ZHApepl1 for t = 1 + i, i = 1, kpeplt ≤ 1
where
RABpet-1 [CZK] is the amount of the regulatory base of the transmission system operator's assets in t-1,
ZHApeplt-1 [CZK] is the planned amount of the residual value of the assets corresponding to the regulatory base of the assets of the transmission system operator in t-1,
ZHApepll [CZK] is the planned residual value of the assets corresponding to the regulatory base of the assets of the transmission system operator in year 1,
KFperABt [CZK] is the adjustment factor for the asset base taking into account the difference between the actual and planned change in the residual value of the transmission system operator's assets in year t-2 applied from year t = 1 + i, i ≥ 3, determined in accordance with the procedure set out in Annex 7 to this Decree,
KVpezi [CZK] is a balancing factor for the gain of the transmission system operator, balancing the difference in the regulatory base of assets due to the transition of the methodology between the 2nd and 3rd regulatory periods, applied in year i,
KFpezi [CZK] is the correction factor for the gain of the transmission system operator, taking into account the difference in profit caused by the difference between the actual and planned change in the residual value of the assets in i-2, applied from year i ≥ 3, determined in accordance with the procedure set out in Annex 7 to this Decree,
IFpei [CZK] is an investment factor of the transmission system operator determining the amount of funds needed to invest in the restoration and development of the transmission system according to the transmission system development plan, which are not covered by its own and foreign resources; in determining the value of the investment factor, the Authority will correct the debt ratio of the transmission system operator so that the total interest-bearing debt corresponds to three times the EBITDA indicator; the investment factor may have positive and negative values
(a) a positive investment factor shall be applied for the first time in the year and in all subsequent years when the planned debt ratio exceeds three times the EBITDA indicator;
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Regulation Information
| Citation | 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 |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.10.2012 |
|---|---|
| Effective from | 05.11.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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