Decree No. 393 / 2011 Coll.

Decree amending Decree No. 140 / 2009 Coll., on the method of regulating prices in energy sectors and procedures for regulating prices, as amended by Decree No. 264 / 2010 Coll.

Valid Order Effective from 12.12.2011
Text versions: 12.12.2011
Contents
393
DECLARATION
of 5 December 2011
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.
According to Section 98a (2) (f) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Public Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll., and pursuant to Section 12 (3) of Act No. 180 / 2005 Coll., on the Promotion of Electricity Production from Renewable Energy Sources and on the Amendment of Certain Laws (Act on the Promotion of the Use of Renewable Resources), on the implementation of Section 4 (10) of the Act on the Promotion of Renewable Resources:
Čl. I
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., is amended as follows:
1. in Article 3 (4) (a), the following point 27 is added:
"27. investment factor,"
2. in Article 7 (4) (a), the words "for the transport of gas to the output home point and to the output points of the virtual gas storage tank" shall be added at the end of the text of point 12.
3. in Paragraph 7 (4) (a) (19):
"19. Coefficient for calculating the gas volume to cover the propulsion of compression stations at transmission system output points, ';
4. in Article 7 (4) (b) (8):
"8. planned costs of purchasing gas for own technological consumption, '.
5. In Article 7 (4) (b), the following points 15 to 17 are added:
"15. 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. ';
6. In Paragraph 8 (3), "30 'is replaced by" 31'.
7. In Paragraph 9a, paragraph 8 is added:
"(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."
8. In Article 10 (6) and (7), the words "at an amount that would have been achieved by the distribution system operator had it acted 'are replaced by the words" at the level of the regulated value of the gas installation established'.
9. In Section 10, the following paragraph 8 is added:
"(8) Where the distribution system operator has concluded a gas installation rental contract during a calendar year, the Authority shall take into account, in the eligible costs, the rent paid, but not more than the regulated rent costs determined in accordance with Annex 11. ';
10. Annex No 1 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;
UPVpei [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 × CPI-1100 + Qpei
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, determined 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 renting, 78- Services in the field of employment, 80- Security and search services, 81- Services related to buildings, landscaping, 82- Administrative and other support services, reported by the Czech Statistical Office in the table "Market Services Indexes' (code 7008) per month April of year, on the basis of the share of the interconnected industries of the Basic indices where the annual markets 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 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 x 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 asset disposal of the transmission system operator for year t 9),
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 = l + i, i > 1, kpeplt ≤ 1
kpeplt = RABpe0ZHApepll for t = l + 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;
(b) the negative investment factor shall be applied for the first time in the year in which the planned debt ratio falls below three times the EBITDA indicator, and thereafter in each following year until the full repayment of the total of positive investment factors, i.e. the investment factor will be applied in the following regulatory periods;
VpeAi [CZK] is the proceeds from auctions on cross-border profiles of the transmission network of the Czech Republic for a regulated year reduced by related costs and also by the proceeds from compensation mechanism between transmission system operators reduced by related costs; this parameter is determined by the Authority on the basis of the results of the accounts for the last financial year ending and taking into account the expected results of these activities in the regulated year,
The assets [CZK] are the revenue from the connection, determined as 80% of the accounting value of the account of the time-differentiated revenues from the connection of the transmission system operator to the 31st December in i-2,
VpeVYRi-2 [CZK] is the revenue from payments made by producers to reserve the capacity of the transmission system in the mode of power consumption at the set-off power source, determined as the product of the maximum measured value of the quarter-hour electricity output taken by the manufacturer in the mode of consumption in MW in each month in i-2 and unit prices for the reservation of the capacity of the transmission system in the year i-2; the revenue from payments made by producers in the set-off power supply shall be converted to year level i using the time value of money by multiplying the indices of consumer prices set for i-2 and i-1; for i = 1,2 is VpeVyRi-2 = 0,
CPIi-2 [%] 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 7101) for April i-2,
CPIi-1 [%] 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 7101) for April i-1,
Qpei [CZK] is a quality factor taking into account the achieved quality level of electricity transmission in relation to the defined standards for the whole transmission system in i-2, determined by the relationship
Qpei = Zpei-2 × MAXI-2DQMax-2HNPi-2 × DQi-2-HHNPi-2 for HHNPi-2 < DQi-2 < DQmaxim-2
Qpei = Zpei-2 × MAXi-2DHNPi-2-DQmini-2 × DQi-2-DHNPi-2 for DHNPi-2 > DQi-2 > DQmini-2
Qpeimax = Zpei-2 × MAXi-2 for DQi-2 ≥ DQmaxim-2
Qpeimin = - Zpei-2 × MAXi-2 for DQi-2 ≤ DQmini-2
Qpei = 0 for DHNPi-2 ≤ DQi-2 ≤ HNNPi-2
where
Zpei-2 [CZK] is the amount of the allowed gain of the transmission system operator for the electricity transmission activity in i-2,
MAXi-2 [-] is a proportional number expressing the maximum value of the bonus or penalty payment on the permitted profit in i-2,
DQmaxim-2 is the set limit value of the i-2-year quality indicator from which the maximum bonus value for the quality of services achieved is applied,
DQmini-2 is the set limit value of the i-2-year quality indicator to which the maximum penalty value for the quality of services achieved is applied,
HHNPi-2, DHNPi-2 are the upper and lower limits of the neutral quality band established for i-2, within which the bonus and penalty payments are not applied,
DQi-2 is the value of the achieved quality indicator level in i-2,
Qpeimax [CZK] is the maximum value of the bonus for the quality of service achieved,
Qpeimin [CZK] is the maximum value of the penalty for the quality of service achieved,
RRK (PS- VVN) ki [MW] is the annual reserved capacity of the customer's transmission system for the regulated year; the capacity of the transmission system facilities is reserved for direct customers from the transmission system (without export, without transit, without the receipt of pump-operated power stations and without the purchase of producers, except for producers of the second category, to cover consumption on the premises of the production facility) and for transmission-connected regional distribution system operators; the reserved capacity for the distribution system operator whose distribution system is connected to the transmission system is determined by the average of the balance sheet balances of the four winter months (November to February) over the last three completed winter periods before the regulated year at the transmission and distribution system interface.
The unit price for cpepsi transmission system in CZK / MWh is determined by the relationship
cpepsi = PRNpei + KFpepsiRPME2peoi
where
PRNpei [CZK] are variable costs of the transmission system operator without netting the correction factor for the regulated year, determined by the relationship
PRNpei = (CEpei + Codchztipei) × PZTpei
where
CEpei [CZK / MWh] is the price of electricity to cover transmission losses for a regulated year determined by the Authority, which takes into account the development of electricity prices on the wholesale market,
Codchztrpei [CZK / MWh] is the average annual price of the deviation of losses in the transmission system resulting from the deviation of the assumed transferred amount of electricity,
PZTpei [MWh] is the allowed amount of transmission loss for the regulated year, determined by the relationship
PZTpei = kzPSi × RPMEpevi100
where
kzPsi [%] is the allowed rate of transmission loss related to the input flow of electricity into the transmission system without a system transit, determined by the Authority on the basis of the expected balance of flows in the system in a regulated year;
RPMEPALI [MWh] is the flow of electricity at the entry into the transmission system without systemic transit in a regulated year,
KFpepsi [CZK] is the transmission system operator's correction factor for the electricity transmission activity resulting from the use of transmission networks in i-2, converted to year level even with the application of the time value of the money determined in accordance with Annex 7 to this Decree,
RPME2peoi [MWh] is the assumed amount of electricity carried over (electricity from the transmission system for a regulated year subject to the transmission system use price); It consists of direct purchases from the transmission system (without transit, without export), of pump-operated pumps and of producers, including their purchases for the production of electricity or for the production of electricity and heat, and of a balance sheet transformation to lower voltage levels.
The annual payment for booking the capacity of the transmission network to the RPRK customer (PS- VVN) ki in CZK is calculated by the regulatory formula
RPRK (PS- VVN) ki = cperci × RRK (PS- VVN) ki
The calculation average single component price for transmission of electricity cpei in CZK / MWh, including correction factor, is determined as informative.
cpei = UPVpeiRPME1peoi + cpepsi
where
RPME1peoi [MWh] is expected to transfer the amount of electricity (electricity from the transmission system) for a regulated year, which consists of direct consumption from the transmission system (without export, without the consumption of pumped-in hydropower plants in pump operation, without transit and without the purchase of producers, except for producers of the second category, to cover consumption on the premises of the production plant) and the balance sheet of transformation to lower voltage levels.
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) MW and MWh to three decimal places;
c) CZK / MWh to two decimal places,
(d) percentage to three decimal places;
(e) a proportional rate to five decimal places.
The final price shall be rounded to two decimal places. ';
11. Annex 3 shall read as follows:

"Annex No. 3 to Decree No. 140 / 2009 Coll.
Procedure for setting electricity distribution prices
For the purposes of regulating electricity distribution prices, the distribution system shall be divided into the following parts:
(a) VVN voltage level,
(b) voltage level VN together with VVN / VN transformation;
(c) voltage level NN together with transformation VN / NN.
Unit price for annual reserved capacity at voltage levels VVN and VN Sdxerci in CZK / MW is determined by the regulatory formula
sdxerci = UPVdxeiRKKZxei-2 + KTRxi
where
i is the serial number of the regulated year;
x is the voltage level serial number (VVN, VN, NN),
UPVdxei [CZK] is the value of the adjusted allowed revenues of the distribution system operator at individual voltage levels for the regulated year determined by the relationship
UPVdxei = PVdxei × kpvxi + PVd (x + 1) ei × (1 − kpv (x + 1) i) − Vdxeost − Vdxevyri − VdxePRETi + KFdxei + KFdxePpsi + Qdxei
where
PVdxei [CZK] is the value of the permitted revenues of the distribution system operator at individual voltage levels for the regulated year determined by the relationship
PVdxei = PNdxei + Odxei + Zdxei
where
PNdxei [CZK] is the allowed costs of the distribution system operator at individual voltage levels necessary to ensure the distribution of electricity for the regulated year established by the relationship
PNdxei = PNdxe0 × l-Xdei × vizt = lI + 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;
PNdxe0 [CZK] is the default value of the authorised costs of the distribution system operator necessary to ensure the distribution of electricity at individual voltage levels,
Xde [-] is the annual value of the efficiency factor for electricity distribution 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 distribution activities, expressing the degree of influence of the business services price index,
IPSt [%] is the 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- Services in the field of rental, 78- Services in the field of employment, 80- Security and search services, 81- Services related to buildings, landscapes, 82- Administrative and other support services, reported 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 rolling-rate of the basis indices, where the annual market 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 7101) for April t,
Odxei [CZK] is the value of the permitted depreciation of the long-term tangible and intangible assets of the distribution system operator used to ensure the distribution of electricity at individual voltage levels for the regulated year, determined by the relationship
Odxei = Odxepli + KFdxeoi
where
Odxepli [CZK] is the planned value of depreciation of the long-term tangible and intangible assets of the distribution system operator at the individual voltage levels used to ensure the distribution of electricity for the regulated year i,
KFdxeoi [CZK] is the correction factor for the depreciation of the distribution system operator at individual voltage levels, 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,
Zdxei [CZK] is the profit of the distribution system operator at individual voltage levels for the regulated year, determined by the relationship
Zdxei = MVdei100 × RABdxei + KFdxez
where
MVdei [%] is the rate of return on the regulatory base of assets for the electricity distribution licence holders for a regulated year determined by the Authority according to the weighted average pre-tax cost methodology for year i,
RABdxei [CZK] is the value of the regulatory base of the assets of the distribution system operator used to ensure the distribution of electricity at individual voltage levels for the regulated year determined by the relationship
RABdxei = RABdei × kdxei-2
RABdei = RABde0 + VYt = l + 1l + i VYRABDet + VYT = l + 3l + iKFderABt for i = 1 and 2 is KFderABt = 0
where
RABde0 [CZK] is the starting value of the regulatory base of the assets of the distribution system operator used to ensure the distribution of electricity determined by the Office on the basis of the development of the value of the regulatory base of assets in the previous regulatory period,
The planned annual change in the value of the regulatory base of the distribution system operator's assets in year t
IAdeplt
where
IAdeplt [CZK] is the planned value of the active investment of the distribution system operator for year t,
VMdeplt [CZK] is the planned value of the disposal assets of the distribution system operator for year t 9),
Reply [CZK] is the planned value of depreciation of the long-term tangible and intangible assets of the distribution system operator used to ensure the distribution of electricity for the regulated year t,
kdeplt [-] expresses the planned revaluation coefficient of the regulatory base of the distribution system operator's assets for year t established by the relationship
kdeplt = RABdet-1ZHAdeplt-1 for t = l + i, i > 1, kdeplt ≤ 1
kdeplt = RABde0ZHAdepll for t = l + i, i = 1, kdeplt ≤ 1
where

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Regulation Information

CitationDecree 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.
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation12.12.2011
Effective from12.12.2011
Effective until-
Status Valid
The regulation text is for informational purposes only.
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