sou · GYB330 · 2010-05-04 00:00:00 — In the report the Inquiry has chosen to use the term grid codes for the so called network codes for the Swedish electricity market as this term better reflects the purpose of these codes in a Swedish setting. The Inquirys assignment is to develop proposals for the necessary legislation and other regulatory framework necessary to implement the Electricity Directive and the Gas Directive into the Swedish The Inquiry has also been given the task of recommending adaptations to the relevant laws and other regula- tory framework based on the Electricity Regulation, the Gas Regulation and the Agency Regulation. The Inquirys assignment also includes analysing whether there is a need for changing the rules on unbundling on the gas market. Actual conditions on the Swedish electricity and gas markets have formed part of the basis for the Inquirys analysis. The Inquirys proposals cover changes in the Electricity Act, the Natural Gas Act, the Electricity Ordinance and the Natural Gas Ordinance. In addition the report also proposes changes in the ordinances containing instructions for the Energy Markets Inspectorate, , the , the and the Autho- rity. The Inquiry also proposes a new ordinance about certification – the Certification Ordinance. The Inquiry has elected to limit the scope of the proposed changes to a minimum, i.e. the Inquiry only proposes the changes necessary to comply with the explicit demands of the Directives. This approach means e.g. that the general terms and conditions which are common practice for the majority of the companies concerned have been used as the basis for many of the suggested changes with regard to consumer protection. The Inquiry has also put great emphasis on safeguarding consumer rights in accordance with the intentions of the third package. The Third Legislative Package for Electricity and Gas The Electricity and Gas Directives, and the Electricity and Gas A Strenghtened and Clarified Position for The Directives sometimes mention consumers in the Swedish meaning of the word meaning a natural person, sometimes they mention which includes all , i.e. both juridical and natural persons. Some of the Inquirys proposals only concern consumers while others concern in general. There are great similarities between the Electricity and the Gas Directives e.g. in the areas of consumer related issues. Already is applying provisions which are similar to the ones in the Directives within the scope of the general terms and conditions used by the majority of the companies in the electricity and gas markets. To the extent possible, the Inquiry has elected to propose provisions corresponding with existing common practice in order to avoid larger cost increases than necessary for the companies concerned. The Inquiry is putting forward a number of proposals aimed at strengthening and clarifying the position of the on the electricity and gas markets. Several proposals concern the relation- ship between the consumers and the electricity and gas suppliers, or the distribution companies for electricity or gas. The Inquiry proposes that a contract between a consumer and an electricity or gas supplier should contain information about the suppliers name, address, and telephone number, the suppliers commitments to the consumer, the date when the contract was entered into, where the consumer can find information on the price and other terms of the supplier including cost-per-unit-price, when will take place and at what intervals, the duration of the contract, the conditions for renewal if it is a fixed term contract(i.e. a contract limited to a certain period of time), the conditions for terminating the contract, the principles on which the calculation of the costs for terminating a fixed term contract ahead of schedule are based, the terms for compensation and refunds if the services are not provided in accor- dance with the terms in the contract regarding inaccurate or delayed , and what will happen when invoicing based on preliminary data is used to beyond what has been agreed on in the contract, the method of initiating procedures for settlements of disputes according to the Electricity Act and the Natural Gas Act, and information on other consumer rights in relation to the electri- city and gas suppliers. The rules proposed here are mainly a codifi- cation of existing general terms and conditions. The Inquiry proposes a provision specifying that a consumer is permitted to terminate a supply contract for electricity or gas free of charge and free of other liabilities. This provision should apply if it is not a fixed term contract. The Inquiry also proposes that the companies should send out information to the consumers before a change in the conditions of the contract takes effect, and that the consumer shall be entitled to terminate the contract without cost if they are not willing to accept the change in the conditions. In proposing that the change in the conditions should be notified before taking effect the Inquiry is diverging from the provisions in the Directives. Another proposal means that the invoice shall carry a reference to the web page of the company. The web page shall contain information on where dispute settlement is available. The web page shall also contain information on consumer rights. The Inquiry proposes provisions limiting the extent of time the companies can demand advance payment, and when the demands for advanced payment should be re-considered to see whether it should remain in place. For consumers of gas this will mean that the time period the suppliers of gas will be allowed to demand advance payment will be shortened. There is also a proposal cove- ring the principles for the calculation of the advance payments. The Inquiry proposes a ban on conditions discriminating between different methods of payment in order to avoid discrimi- nation between different groups of consumers. The Inquiry also proposes that the consumers should get their final bill within six week of changing their supplier of electricity or gas. The Inquiry is also putting forward a proposal on shortening the process for switching suppliers to three weeks. According to assessment of the Inquiry this proposal will mean that the IT systems and routines of the companies concerned need to be adapted to the shorter time frame for the switching process. The proposal concerns the switching process, i.e. the longest time allo- wed for switching a supplier. The Inquiry also proposes introducing provisions signifying an obligation for electricity and gas suppliers, as well as for network companies for electricity and gas, to have a well functioning process for handling customer complaints. The Energy Markets Inspectorate is the regulatory authority and will monitor the companies handling of customer complaints. The Inquiry also proposes a provision obliging the distribution companies for electricity to provide consumers with information on their electricity consumption at least once a month. The infor- mation must be available based on calendar month and be available in such a way that all will be able to access it. The Inquiry has considered the same provision for gas, but based on the conditions on the Swedish gas market the Inquiry has chosen not to put forward such a proposal. The Inquiry also proposes that network companies for electri- city with more than 100 000 connected which form part of a vertically integrated company shall state who is responsible for the communication in question when communicating with one or more . The intention is that it should be unmistakable when it is the monopolist within a group of companies that is the and when other companies are the so that confusion about who is the is avoided. So as not to go beyond the scope of the provision in the Directive the Inquiry has elected to apply the provision only to network companies for electricity. In order to not raise the costs unnecessarily for small companies the Inquiry proposes that the exemption for companies with less than 100 000 should be applied. The Inquiry also proposes that all vertically integrated electri- city and gas companies, irrespective of their number of connected , shall appoint a compliance officer responsible for the companys compliance programme. The compliance officer can be nominated within the company. To improve access to the networks for electricity the Inquiry proposes that the network companies for electricity shall give reasoned decisions in those cases when they deny third party access to the network or refuse to transport electricity for another party in their network. A reasoned decision will make it easier for the party denied access to evaluate whether there is cause to appeal against the decision. The Inquiry also proposes a definition for vulnerable to be included in the Electricity Act and in the Natural Gas Act. The Directives contain new and more detailed provisions regarding the rules on unbundling. Based on these the Inquiry among others things proposes rules on the separation of network companies for electricity from companies producing and selling gas, and vice versa, i.e. that network companies for gas are kept separate from companies in the production or selling of electricity. The Inquiry has put forward a proposal concerning the rules on unbundling in the gas market. The Natural Gas Act should be amended with a provision clarifying that a company in the gas networks business is not allowed to produce or sell natural gas or any other type of gas which technically and safely can be injec- ted into the natural gas system. The part of the provision which is new concerns production which includes the production of bio gas. The Inquiry also proposes provisions which state that the trans- mission system operators and other relevant parties will have to apply for certification. The provisions on certification are impor- tant from a European perspective as they are intended to support the unbundling regime applied to transmissions companies in the internal market. The certified companies will participate in the work undertaken by ENTSO-E and ENTSOG. For gas the Inquiry also proposes a provision covering certification in relation to third countries. The Inquiry proposes the introduction of rules about closed distri- bution systems into the Natural Gas Act. The proposal is intended to confirm the common practice of today which works well, and at the same time to contribute to increasing transparency and long term stability for the market participants. Concerning storage of gas the Inquiry proposes that a provision should be included in the Natural Gas Act stating that the regulator should consult with the system users when developing the tariffs for storage and for storage in transmission pipes or the methodologies underlying their calculation. The third legislative package contains rules intended to harmonise and ensure the independence of the regulators. The Energy Markets Inspectorate will be assigned new tasks while at the same time the existing tasks will be affected both with regard to their scope and their level. To ensure that it will be possible for the Energy Markets Inspectorate to perform these tasks it is important that the Inspectorate is given access to sufficient resources and competences. The Inquiry proposes that the instructions governing the work at the Energy Markets Directorate should be updated with referen- ces to the revised Electricity and Gas Directives, as well as the Gas Regulation. In addition they should be amended with a reference to the Electricity Regulation and the Agency Regulation. The Inquiry proposes that the head of the inspectorate should be appointed for a period of five to seven years, and that the appo- intment only can be renewed once. The Inquiry will put forward a proposal meaning that each party having a complaint against a network company for electricity or gas with regard to their obligations according to the Electricity Act or the Natural Gas Act respectively may complain to the Energy Markets Inspectorate. The Inspectorate will have to come to a decision within two months time. The decisions should be imme- diately binding and subject to appeal. The new provisions do not encompass disputes already subject to regulation in the Electricity Act. The Energy Markets Inspecto- rate will also handle the new rules on certification described above. The proposals also include that the Inspectorate shall make public descriptions of the roles and responsibilities of the network companies for electricity and gas, the suppliers of electricity and gas and , and if needed other market participants. The Inquiry also proposes that the Energy Markets Inspectorate shall decide on the level of earnings for the national grid. With regard to the Agency Regulation the Energy Markets Inspectorate will, in their role as a national energy regulator, parti- cipate in the work undertaken by the Agency. The Inquiry proposes that Svenska kraftnäts instructions should be amended with provisions making it clear that shall collect congestion charges, participate in the development of the regional markets for electricity and gas within the Nordic area and within the EU, inform the Energy Markets Inspectorate of the results of supervising the reliability of the Swedish national electricity grid, and perform the tasks assigned to the transmission system operator for electricity in accordance with the Electricity Regulation. The Inquiry also proposes that should be given the opportunity to transfer income from congestion charges between different years so as to use them for maintaining or increasing capacity on the interconnector in ques- tion or for counter trade. Based on the present conditions is expected to participate in the work undertaken by ENTSO-E and ENTSOG as one of the certified parties. The proposals of the Inquiry will also affect the , the , and the Swedish Compe- tition Authority. should assist and other certified parties with energy forecasts for electricity and gas. For the the proposals will mainly mean that the Agency shall assist the Energy Markets Inspectorate with information about consumers in the electricity and gas markets. The Inquiry also proposes that the instructions for the Authority are amended in such a way that the Authority now shall assist the Energy Markets Inspectorate with data for use in connection with the Inspectorates annual reports on the electricity and gas markets. The Inquiry proposes that the is designated as the contact point for consumers in regard to issues concerning suppliers of electricity and gas, and concerning network companies for electricity and gas. The Directives also contain rules stating that consumers are to have access to out-of-court dispute settlements procedures which are fast, simple and inexpensive. The Inquiry has come to the conclusion that the existing procedure handled by is suffici- ent, and there is no need at this point to change the regulatory framework in this regard. The Directives encompass provisions stating that the national regulatory authorities are to change legally binding decisions when the Commission finds that such a decision does not comply with the guidelines in the Directives or the Regulations. Taken together the Inquiry is of the opinion that it would not be in accordance with the Swedish Administrative Procedure Act or the principles which form the basis for such administrative decisions to change such a decision when it benefits an individual person and the deci- sion has gained legal force. Regulation is new and encompasses provisions cove- ring both the and the organisation of the Agency, and its tasks. will among other things be given the task to strengthen the supervision of the markets and to handle certain disputes concerning cross border interconnectors. Under certain circum- stances the Agency will be able to take decisions in some of the areas normally belonging to the national regulators. The new legis- lation also encompasses provisions on how certain issues are to be processed. Here the Agency has an important role as the Agency is to give its opinion on several issues. Many of the tasks are also covered by the provisions in the Directives and other Regulations which form part of the third package and except for they also concern the Commission, national regulators, ENTSO-E and ENTSOG. These tasks have been handled with regard to the aforementioned Directives and Regulations with regard to proposals for new and amended legis- lation. In this context the Inquiry only proposes that the instruc- tions for the Energy Markets Inspectorate shall be amended with a reference to the Agency Regulation. It will also be possible for the member states to station national experts as personnel at the Agency. Such a post would most likely be of interest for . New investigations into the gas market and the electricity markets are being suggested Based on the provisions of the third legislative package the Inquiry also suggests that certain issues need to be analysed further. On the gas market the Inquiry is of the opinion that the system responsibility for the national supply of gas within short should be analysed further. The purpose would be to identify the changes necessary in the Swedish rules and regulations to enable the hand- ling of the system responsibility of the national supply of gas in accordance with the TSO solution presented in the Gas Directive. Also the Swedish market model for natural gas should be analysed in more detail to determine whether it needs to be adapted to harmonise with the current legislations in the EU. An important issue is how the handling of the system responsibility and the choice of market model will contribute to a more efficient Swedish market for natural gas and how it will contribute to increasing the opportunities for competition on the internal market. For the electricity market the Inquiry suggests an overhaul of the level of the exemption in the electricity market for vertically integrated companies valid for companies with more than 100 000 connected electricity . The purpose of such an overhaul would be for the exemption to better reflect the conditions on the Swedish market, where under todays rules all but about five companies are covered by the exemption. The Inquiry also suggests that the Energy Markets Inspectorate should evaluate the introduction of smart meters for electricity and gas, and to assess the costs and benefits associated with these both for the market and for the consumers. When undertaking such an evaluation it is important to note that the circumstances differ in several regards between the electricity and the gas markets. Demands for stricter rules on unbundling in the natural gas market In addition to the implementation of the third legislative package the Inquiry has also been asked to look into the need for changing the provision on functional unbundling in the gas market. The Inquiry has come to the conclusion that there appears to be no need for rules for the transmission companies on the gas market corresponding to the changes implemented in the Electricity Act. Notwithstanding the fact that they would contribute to clarify the effects of efficient unbundling and an efficient form of inde- pendence, the Inquiry is however of the opinion that this does not constitute sufficient grounds for introducing new rules for the transmission companies in the gas market. The Inquiry suggests that the Energy Market Inspectorates need for increased resources is funded through the appropriation recei- ved by the inspectorate, which also is proposed to include the compensation to the contact point for the consumers in the elec- tricity and gas markets proposed by the Inquiry. Svenska kraftnäts costs for cooperation on an international basis will in the same as before be covered by the tariffs for the national grid. It should be possible to accommodate the other duties imposed on within its present scope. The new investigations into the system responsibility for the national supply of gas and the market model for natural gas and the overhaul of the level of the exemption for companies with fewer than 100 000 connected in the electricity market should to a large extent be able to be accommodated within the normal scope for such analysis within the Ministry or the Energy Markets Inspectorate. lag om ändring i ellagen (1997:857) Härigenom föreskrivs i fråga om ellagen (1997:857) dels att 2 kap 10 §, 2 kap. 18 §, 3 kap 1 a §, 3 kap. 6 §, 3 kap. 7 §, 3 kap. 9 §, 3 kap. 17 §, 5 kap. 18 §, 8 kap. 6 §, 12 kap. 1 § och 12 kap. 1 a § ska ha följande lydelse dels att det i lagen ska införas 14 nya paragrafer, 1 kap 8 §, 3 kap. 17 a §, 3 kap. 23 §, 3 kap. 24 §, 11 kap. 13–20 §§, 12 kap 1 b §, och 12 kap. 14 §, dels att rubriken närmast före 3 kap. 23 § ska lyda Kommunice- ring med kunder, rubriken närmast före 3 kap. 24 § ska lyda hantering av klagomål mot nätkoncessions- havare, rubriken närmast före 11 kap. 13 § ska lyda Elavtal, rubriken närmast före 11 kap. 16 § ska lyda Information om konsumentens rättigheter, rubriken närmast före 11 kap. 17 § ska lyda Förskottsbetalning, rubriken närmast före 11 kap 18 § ska lyda Byte av elleverantör och förbrukningsuppgifter, rubriken närmast före 11 kap. 20 § ska lyda Klagomålshantering, rubriken närmast före 12 kap. 1 b § ska lyda ledning samt att rubriken närmast före 12 kap. 14 § ska lyda Certifiering. Nuvarande lydelse Föreslagen lydelse Med utsatta kunder avses de elkonsumenter som är berättigade till bistånd enligt 4 kap. 1 § soci- altjänstlagen (2001:453). 2 kap. Nätkoncession m.m. Förutsättningar för meddelande av nätkoncession Nätkoncession får beviljas endast den som från allmän synpunkt är lämplig att utöva nätverksamhet. Nätkoncession för område får beviljas endast den som dessutom är lämplig att bedriva nätverk- samhet inom det begärda området. Nätkoncession för en utlandsförbindelse får beviljas och inne- has av endast den som innehar nätkoncession för stamnätet eller största delen därav eller en juridisk person där denne har ett bestämmande inflytande. Nätkoncession får dock beviljas även andra om ledningen är av mindre betydelse för det samlade över- föringsnätet till utlandet. Nätkoncession får inte beviljas den som söker nätkoncession för linje som avser stamnätet eller större delen därav om inte certifi- ering enligt 12 kap. 14 § har beslutats. Överlåtelse och upphörande av nätkoncession En nätkoncession skall åter- En nätkoncession ska åter- kallas helt eller delvis, kallas helt eller delvis, för en säker elförsörjning, för en säker elförsörjning, 1 kap. 5 § lagen (2004:875) om 1 kap. 5 § lagen (2004:875) om elektriska anläggningar, löser in elektriska anläggningar, löser in den eller de ledningar som avses den eller de ledningar som avses med nätkoncessionen, eller enligt 10 § andra stycket första enligt 10 § andra stycket första koncession för linje som avser stamnätet eller största delen därav inte blir certifierad eller får certi- fieringen återkallad enligt 12 kap. 14 §. Frågor om återkallelse av nätkoncession prövas av nätmyndig- heten. Avser nätkoncessionen en utlandsförbindelse, prövas dock frågan om återkallelse av regeringen. 3 kap. Nätverksamhet m.m. En juridisk person som bedriver nätverksamhet får inte bedriva produktion av eller handel med el. Utan hinder av första stycket får produktion av el bedrivas till- sammans med nätverksamhet av samma juridiska person, om produktionen 1.uteslutande är avsedd att täcka nätförluster, eller 2.sker tillfälligt i syfte att ersätta utebliven el vid elavbrott. En juridisk person som har nätkoncession för linje som avser stamnätet eller största delen därav får inte bedriva produktion av eller handel med naturgas. Skyldighet att ansluta anläggning Den som har nätkoncession Den som har nätkoncession för linje är, om det inte finns