Decree of the Energy Regulatory Authority No. 438 / 2001 Coll.
Decree of the Energy Regulatory Authority on the content of economic data and procedures for regulating prices in energy
Valid
Order
Effective from 01.01.2002
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438
DECLARATION
Energy Regulatory Authority
of 4 December 2001
determining the content of economic data and the procedures for regulating prices in energy
Pursuant to Section 98 (8) 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 (hereinafter referred to as "the Act"), the Energy Regulatory Authority provides for the implementation of Section 17 (7) (f) of the Act:
Subject matter
This decree lays down procedures for regulating prices in electricity, gas and heating. At the same time, it determines the content of the economic data required by the Energy Regulatory Authority (hereinafter referred to as the Authority) from licence holders for the purposes of regulating the prices of licensed activities.
Basic provisions
(1) For the purposes of this decree:
(a) total losses in distribution electricity systems - the difference between the amount of electricity at the input to the distribution system and the amount of electricity at the output of the distribution system, minus the actual consumption of the distribution system operator;
(b) total losses in the transmission system - the loss in the volume of natural gas expressed in the energy unit resulting from the leakage of the transmission system technology equipment during repairs and cleaning;
(c) total losses in the distribution gas systems - the difference between the amount of natural gas input to the distribution system and the amount of natural gas output to the distribution system minus the actual consumption of the distribution system operator;
(d) total losses in underground storage tanks - the loss of the natural gas volume expressed in the energy unit, resulting in the penetration of the gas into the overheads, the absorption of natural gas into the rock, the creation of unloadable spaces and leakage along the probes;
(e) total losses in the transmission system - the difference between the amount of electricity at the input to the transmission system and the amount of electricity at the output from the transmission system,
(f) industrial escalation factor - factor taking into account the price evolution of industrial producers;
(g) efficiency factor - Authority-determined value by which the industrial escalation factor and wage escalation factor are adjusted;
(h) local gas distribution system - distribution system not directly connected to the transmission system or having a number of connected final customers of less than 90 000 at the end of the calendar year;
(i) the rate of return - the weighted average cost of capital expressed as a percentage and determined analytically by the Authority;
(j) other gases - gases referred to in § 2 (2) (b) (12) of the Act, excluding natural gas;
(k) authorised costs - costs without depreciation necessary to ensure the licensed activity, the starting value of which is determined analytically by the Office;
(l) the permissible total losses in the transmission system and distribution gas systems - the percentage of total losses in the transmission system or distribution system, as the case may be, in the amount of natural gas input energy;
(m) the permissible total loss rate in the transmission system - the percentage of total losses in the transmission system in total electricity input,
(n) the permitted total loss rate in the distribution electricity systems - the percentage of total loss in the distribution system in the total electricity input to the distribution system, the total total loss rate being determined by the sum of the permitted technical loss rate in the distribution system and the permitted commercial loss rate corrected by the trade loss reduction coefficient;
(o) regional gas distribution system - distribution system connected to the transmission system,
(p) the regulated year - the year for which the Office fixes the prices in a given calendar year,
(r) tariff - a fixed price for the supply of electricity or the price of electricity for different groups of protected customers and a fixed price for distribution at a low voltage distribution level;
(s) market opening factor - a factor taking into account the change in the permitted market opening revenues determined by the Authority;
(t) sampling point factor - factor taking into account the change in number of sampling points;
(u) coefficient of the sampling point factor - rate of effect of the sampling point factor determined analytically by the Authority;
(v) the wage escalation factor - the rate of influence of the wage escalation factor determined analytically by the Office;
(w) the reduction coefficient for the permitted level of trade losses - is the value by which the Authority regulates the permitted level of trade losses;
(x) correction factor for the activity of electricity distribution - a factor taking into account non-compliance by the Authority of the permitted revenues,
(y) correction factor for the gas supply activity - factor taking into account the difference between the actual and planned costs of purchasing natural gas;
(z) correction factor for the system service provision activity - factor taking into account actual costs and revenues for system services.
(2) For the purposes of this Order, the following definitions shall also apply:
(a) correction factor for the electricity transmission activity - a factor taking into account actual costs and revenues using transmission system facilities;
(b) correction factor for the activity of the transport or distribution of natural gas - a factor taking into account non-compliance by the Office of the Allowed Proceeds;
(c) wage escalation factor - factor taking into account the development of the average monthly industrial wage index,
(d) the permitted level of commercial losses - a percentage of the difference between total losses and technical losses in the electricity distribution system in the total amount of electricity at the distribution system,
(e) the permissible rate of technical losses - the percentage of technical losses in the electricity distribution system in total electricity input to the distribution system,
(f) authorised revenue - the proceeds from the licensed activity determined as the sum of the authorised costs, depreciation and profit; for electricity distribution broken down by voltage levels,
(g) variable costs - costs of covering total losses in transmission or distribution systems;
(h) the regulatory base of assets - the value of the assets necessary to ensure the licensed activity; the starting value of the asset base is determined analytically by the Authority;
(i) profit for the activity of the supply of electricity and natural gas - the value determined analytically by the Authority;
(j) profit for system service activities - the value determined analytically by the Authority;
(k) profit for the activity of the transmission of electricity, the distribution of electricity, the transport of natural gas and the distribution of natural gas - the value obtained by the product of the rate of return and the value of the asset base;
(l) change in depreciation value - annual change in depreciation, the value of which shall be determined analytically by the Office;
(m) change in the value of the asset base - annual change in the asset base, the value of which shall be determined analytically by the Authority.
(3) The content of the economic data required of natural or legal persons operating under the law and used for price regulation is set out in Section 14 and in special legislation.1)
Activities with regulated electricity prices
Since 1 January 2005, the prices of the following activities shall be regulated:
(a) the production of electricity from cogeneration in accordance with the provisions of Section 32 of the Act and the production of electricity from renewable sources;
(b) electricity generation from non-connected sources;
(c) electricity transmission;
(d) the provision of system services;
(e) distribution of electricity to eligible customers at distribution voltage level
1. very high voltage,
2. high voltage,
3. low voltage;
(f) activities of the market operator broken down by special legislation, 2)
(g) the supply of electricity to protected customers at low voltage distribution level.
Method of regulation in electricity
(1) The methods of price regulation are laid down in accordance with the specific legislationm3 following § 3).
(2) The prices of activities under § 3 (c) to (g) are individual to each licence holder.
(3) The prices referred to in Article 3 (c) are determined in accordance with the procedure set out in Annex 1.
(4) The prices referred to in § 3 (d) are determined in accordance with the procedure set out in Annex 2.
(5) The prices referred to in Article 3 (e) are determined in accordance with the procedure set out in Annexes 3 and 4.
(6) The price for electricity transmission and electricity distribution at distribution voltage levels of very high voltage and high voltage consists of two components: prices for the reserved capacity of transmission system or distribution system facilities in CZK / MW and year or month and prices for the use of transmission or distribution system facilities in CZK / MWh.
(7) The price for distribution of electricity at the distribution voltage level of low voltage consists of two components: the price for the reserved capacity of the distribution system in CZK related to the nominal current value of the main circuit breaker before the electric meter and the price for the use of the distribution system in CZK / MWh.
(8) Prices for the distribution of electricity are cumulative, given that they also include a component related to the coverage of electricity transmission costs and to the distribution of electricity in adjacent distribution systems at a very high voltage voltage voltage level, a component related to covering part of the cost of higher voltage levels of the distribution system, a component related to the contribution for decentralised production and a component related to the contribution for the intermediary of payments.
(9) The prices for the activity referred to in § 3 (g) are determined in the form of tariffs in order to respect the average price of the activity concerned established by the Authority in accordance with the procedure set out in Annex 5 and to respect the relationship
IUPAC Name Chze,
where
Wpn is the weighting share of tariff n expressed in terms of the quantity of electricity supplied for tariff n and the total quantity of electricity supplied,
Cpn is the proposed tariff n,
Cchze is the average price of electricity supply for protected customers.
(10) The price to cover the additional costs associated with the purchase of electricity from renewable sources and from combined heat and electricity production sources and the procedure for the compensation of additional costs are determined in accordance with the procedure set out in Annex 6.
(11) The price referred to in Article 3 (1) (f) is determined in accordance with the procedure set out in Annex No 7.
(12) The cost of the contribution to the distribution networks for decentralised sources and the compensation procedure for contributions are determined in accordance with the procedure set out in Annex 8.
Method of pricing and price changes in electricity
(1) The method of pricing electricity from renewable sources and cogeneration complies with the specific legislation4).
(2) The method of pricing referred to in Article 4 (3) to (5), (9) and (11) is laid down for the regulatory period by means of a regulatory formula the form and parameters of which established by the Authority pursuant to paragraph 4 remain unchanged throughout the regulatory period, unless otherwise provided by the Authority in the case of the provision of incorrect data by the licence holder.
(3) The regulatory period starts on 1 January 2005 and ends on 31 December 2009.
(4) The parameters of the regulatory formula which, with the exception of the change resulting from paragraph 2, remain unchanged throughout the duration of the regulatory period shall be determined by the Authority for the licence holder for the transmission of electricity no later than 7 months before the start of the regulatory period, for the licence holder for the distribution of electricity and for the market operator no later than 5 months before the start of the regulatory period of:
(a) the starting value of the authorised costs and the initial value of the depreciation of the relevant licensed activities; for electricity distribution activities broken down by voltage distribution levels,
(b) the starting value of the regulatory base of the assets of the licensed activities; for distribution activity broken down by voltage levels of distribution,
(c) the annual value of the efficiency factor;
(d) the permissible margin of loss margin for electricity transmission activity;
(e) the permissible level of technical loss;
(f) the permitted level of commercial losses;
(g) the reduction coefficient for the permitted level of trade losses;
(h) profit for system service activities;
(i) part of the auction revenue used to reduce the permitted electricity transmission revenues;
(j) wage escalation factor;
(k) the starting price for the assessment, clearing and settlement by the market operator.
(5) The parameters of the regulatory formula established by the Authority for the licence holder for the transmission of electricity no later than 7 months before the start of each regulated year and for the licence holder for the distribution of electricity no later than 5 months before the beginning of each regulated year are set out in:
(a) the rate of return for each licensed activity, whereby the value of return established with effect for the entire regulatory period is adjusted in each year only by any changes in the rate of income tax under the special legislature5);
(b) the pre-values of electricity collection and consumption for the calculation of the prices of the regulated year;
(c) the provisional price of power electricity for the purchase of losses in transmission and distribution systems;
(d) the market opening factor;
(e) the correction factor for each licence holder;
(f) the permitted distribution framework for the distribution of electricity;
(g) the authorised level of total losses in the transmission system;
(h) the change in the value of the regulatory base of the assets of each licensed activity; for distribution activity broken down by voltage levels of distribution,
(i) a change in the value of the depreciation of the TSO.
(6) Local distribution system operators
(a) use the prices and tariffs of the regional distribution system operator to which they are connected; or
(b) request the Authority to determine the individual permitted revenues and the authorised cost variables; in this case, a procedure similar to that applicable to regional distribution system operators shall be used for setting prices and tariffs, the parameters established by the Authority in accordance with paragraphs 4 and 5 being applicable to the relevant local distribution system operators. The Authority may, where justified, individually adjust the scope of the strictly necessary economic and technical data to determine the individual price according to the specific characteristics of the distribution systems of individual local distribution system operators.
(7) The Authority will, upon request by the local distribution system operator, provide pre-determined prices and tariffs for the regional distribution system operator to which it is connected.
(8) Individual regional distribution system operators shall submit to the Authority, by 30 April of each calendar year, and the electricity transfer licence holder, by 15 May of the calendar year preceding the regulated year, the data on the actual proceeds of the licensed activity in the last financial year ending, including the supporting documents for their verification, and the supporting documents referred to in Article 14.
(9) The proposal to change the price for the reserved capacity of transmission system equipment in CZK / MW and year, the proposal to change the price for the use of transmission system equipment in CZK / MWh and the proposal to change prices for system services shall be submitted by the holder of the electricity transfer licence by 30 June of the calendar year preceding the regulated year.
(10) The prices referred to in paragraph 9 shall be determined and communicated by the Office by 31 July of the calendar year preceding the regulated year to the transmission system operator and to the regional distribution system operators, including the other prices required for the calculation.
(11) Proposals for changing the cumulative price of electricity for the reserved capacity of distribution system facilities in CZK / MW and year and cumulative prices for the use of distribution system facilities in CZK / MWh for high voltage and high voltage distribution levels, as well as proposals for changing tariffs for a low voltage distribution system service for a regulated year, the proposal to change the price of electricity for protected customers, including the design of a tariff structure for each customer category for the first year of the regulatory period, justified by the necessary data and calculations, are submitted to the Authority's regional distribution system operators no later than 31 August of the calendar year preceding the regulated year.
(12) The prices referred to in paragraph 11 shall be fixed and communicated by the Office by 30 September of the calendar year preceding the regulated year to regional distribution system operators, local distribution system operators referred to in paragraph 7, upon request.
(13) Proposals for changing the cumulative price of electricity for the reserved capacity of distribution system facilities in CZK / MW and year and cumulative prices for the use of distribution system facilities in CZK / MWh for very high voltage and high voltage distribution levels, as well as proposals for changing tariffs for a low voltage distribution system service for a regulated year, the proposal for changing the price of the supply of electricity for protected customers including the design of a tariff structure for each customer category for the first year of the regulatory period, justified by the necessary data and calculations, are submitted by local distribution system operators in accordance with paragraph 6 (b). (b) not later than 15 October of the calendar year preceding the regulated year.
(14) The prices referred to in paragraph 13 shall be determined and communicated by the Office by 15 November of the calendar year preceding the regulated year to local distribution system operators.
(15) Proposals for price changes for the activities of a market operator for a regulated year, justified by the necessary data and calculations, are submitted by the market operator of the Authority by 30 June of each calendar year preceding the regulated year.
(16) The prices referred to in paragraph 15 shall be fixed and communicated by the Office by 31 July of the calendar year preceding the regulated year to the market operator.
(17) The tariffs and prices applied in the framework of the licensed activities referred to in Article 3 are determined with effect from 1 January of the relevant regulated year by the Authority's pricing decisions by 30 November of the calendar year preceding the regulated year.
Verification of regulatory results and determination of correction factors in electricity
The correction factors in electricity shall be as set out in Annex 9.
Activities with regulated gas prices
(1) Since 1 January 2005, the prices of the following activities are regulated:
(a) the transport of gas;
(b) gas distribution
1. regional distribution system operator,
2. operator of the local distribution system.
(2) Until the gas market is fully opened, the price of gas supply is regulated:
(a) the relevant licence holders who supply gas to protected customers connected to regional distribution systems;
(b) protected customers whose equipment is connected to a regional distribution system;
(c) protected customers whose equipment is connected to the transmission system;
(d) protected customers whose equipment is connected to the local distribution system.
(3) From 1 January 2005 prices of other gases delivered to final customers are regulated.
Method of regulation in gas
(1
(2) The prices referred to in Article 8 are fixed for each licence holder.
(3) The prices referred to in Article 8 (1) (a) are determined in accordance with the procedure set out in Annex 10.
(4) The prices referred to in Paragraph 8 (2) (a) are determined in accordance with the procedure set out in Annex No 11.
(5) The prices referred to in Article 8 (1) (b) (1) are determined in accordance with the procedure set out in Annex 12.
(6) The prices referred to in Article 8 (2) (b) are determined in such a way as to respect the average price of the relevant activity established by the Office in accordance with the procedure set out in Annex 13 and to respect the relationship
Wpkzn × Cpkzn ≤ sdzdrink,
where
Wpkzn is the weight share of the price of the product or service n expressed by the share of the planned amount of natural gas supplied by the relevant licence holder to the protected customers at the price of the product or service n and the total amount of natural gas supplied by the relevant licence holder to the protected customers,
Cpkzn is the proposed price of the product or service n,
sdzdrink is the average price of the supply of the unit quantity of natural gas to the licence holder concerned.
(7) The prices referred to in Article 8 (2) (c) are determined in accordance with the procedure set out in Annex No 14.
(8) The basic categorisation of protected customers within the meaning of Article 9 (6) is laid down in a separate legislation6). The categorisation of protected customers in excess of this specific legislation shall be subject to the approval of the Office.
Method of pricing and price changes in gas
(1) The method of pricing referred to in Article 9 (3) to (7) is laid down for the regulatory period by means of a regulatory formula the form and parameters of which established by the Office pursuant to paragraphs 3 and 4 shall remain unchanged throughout the regulatory period, unless the Office provides otherwise for the provision of incorrect data by the licence holder.
(2) The regulatory period starts on 1 January 2005 and ends on 31 December 2009.
(3) The parameters of the regulatory formula which, except for the change resulting from paragraph 1, remain unchanged throughout the period of the regulatory period, are laid down by the Authority for the holders of a gas licence, for the holders of a gas supply licence to the relevant licensees who supply gas to protected customers connected to the regional distribution networks, no later than 5 months before the start of the regulatory period and for the relevant licensors supplying gas to protected customers whose equipment is connected to the regional distribution system, no later than 15 September of the calendar year preceding the start of the regulatory period of:
(a) the starting value of the authorised costs and the initial value of the depreciation of the relevant licensed activities;
(b) the starting value of the regulatory base of the assets of the licensed activities concerned;
(c) the annual value of the efficiency factor;
(d) the permissible level of total losses in the transmission system;
(e) the coefficient of the sampling points factor;
(f) wage escalation factor;
(g) the value of the permitted loss and, where applicable, the profit referred to in Article 11;
(h) profit for the activity referred to in § 8 (2) (a).
(4) The parameters of the regulatory formula established by the Authority for holders of a gas licence no later than 5 months before the start of each regulated year and for holders of a gas distribution licence no later than 15 September of the calendar year preceding each regulated year are set to:
(a) the rate of return for each licensed activity, the value of which is established with effect for the entire regulatory period is adjusted in each year only by any changes in the rate of income tax under the Special Regulation (5);
(b) the sampling point factor;
(c) the correction factor for each licence holder;
(d) the price of gas to cover losses in distribution systems for each licence holder and the purchase price to cover losses in the transmission system;
(e) the market opening factor;
(f) the permitted level of total losses in distribution systems connected to the transmission system, the permitted level of total losses in distribution systems being individual to each licence holder;
(g) the permitted framework for the dispersion of permitted revenues for the activity referred to in Article 8 (1) (b) (1);
(h) change in the value of the regulatory base of assets;
(i) a change in the value of the depreciation of the transmission system operator;
(j) profit for the activity referred to in § 8 (2) (b).
(5) Local distribution system operators
(a) use for final customers prices identical to those of the regional distribution system operator to which they are connected; or
(b) request the Authority to establish individual permitted returns; in this case, a procedure similar to that in force for regional distribution system operators shall be used, the parameters established by the Authority pursuant to paragraphs 3 and 4 being applicable to the relevant local distribution system operators. The Authority may, where justified, individually adjust the scope of the strictly necessary economic and technical data to determine the individual price according to the specific characteristics of the distribution systems of individual local distribution system operators.
(6) Prices are used for supply to protected customers whose equipment is connected to the local distribution system
(a) identical to the prices of supply to protected customers connected to the same regional distribution system as the local distribution system; or
(b) The Office shall, at the request of the licence holder concerned, determine the delivery price individually, using the procedure set out in Annex 13 mutatis mutandis to determine the price.
(7) The Authority will, upon request by the local distribution system operator, provide pre-determined prices and tariffs for the regional distribution system operator to which it is connected.
(8) The price changes referred to in Article 8 (1) (a) and (b) (1) are carried out once a year during the regulatory period, with effect from 1 January of the regulated year. Changes related to the change in the price of energy may be made from 1 April, 1 July and 1 October of the regulated year in accordance with Annex 15.
(9) Where the price for protected customers is changed with annual invoicing outside the term of the periodic deduction, gas consumption shall be determined by the percentage distribution of monthly withdrawals in accordance with the specific legislation. 6)
(10) Individual holders of gas licences, gas storage, distribution of gas with equipment connected to the transmission system and trade in gas shall submit to the Authority, by 30 April of the calendar year preceding the regulated year, the documents referred to in Article 14.
(11) The holder of a gas licence shall submit to the Authority, by 15 August of the calendar year preceding the regulated year, a proposal for the price of the shipment, justified by the necessary data and calculations.
(12) Holders of a gas-supplying licence to the relevant licensor who supply gas to protected customers connected to regional distribution systems shall submit to the Authority, by 15 August of the calendar year preceding the regulated year, a proposal for the price of natural gas energy and a proposal for the price of storage of natural gas for the protected customer.
(13) The prices referred to in paragraphs 11 and 12 shall be determined and communicated by the Office by 15 September of the calendar year preceding the regulated year to the holder of a gas licence, to the holders of a gas-supply licence to the relevant licensors who supply gas to protected customers connected to the regional distribution systems and to the individual licensor whose equipment is connected to the transmission system.
(14) Individual holders of a gas distribution licence whose equipment is connected to the transmission system shall submit to the Authority proposals for the operation referred to in Article 8 (1) (b) (1) in accordance with Article 9 (8) by 30 September of the calendar year preceding the regulated year.
(15) The prices referred to in paragraph 14 shall be fixed and communicated by the Office by 15 October of the calendar year preceding the regulated year to the individual holders of a gas distribution licence whose equipment is connected to the transmission system to the local distribution system operators referred to in paragraph 5.
(16) The Authority shall be empowered to make subsequent changes to the determined price of natural gas energy in the event of detected deviations from the price of gas purchases. The changes to the price shall be communicated by the Office to the holder of the transport licence, to the relevant holders of the gas supply licence to protected customers and to the holders of the gas distribution licence whose equipment is connected to the transmission system by 30 October of the calendar year preceding the regulated year at the latest.
(17) Proposals for a change in the price of natural gas energy shall be submitted by the licence holder to the relevant licence holders who supply gas to protected customers connected to regional distribution systems, to the Authority at least 2 months before the date of the change in the price of natural gas energy, with the exception of a change in the price from 1 January of the regulated year, when the price proposal is submitted on 15 October, using a procedure which will allow the current price changes throughout the natural gas supply chain to all customer categories. The prices shall be determined by price decisions of the Office and published no later than one month before the date of the price changes.
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Regulation Information
| Citation | Decree of the Energy Regulatory Authority No. 438 / 2001 Coll., determining the content of economic data and the procedures for regulating prices in energy |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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