Sažetak
Nacionalna energetska komisija (CNE) je španjolsko tijelo za regulaciju energetskih djelatnosti. Ovaj rad predstavlja njezine ciljeve i svrhu, organizaciju, izvore i financiranje, financijske i izvedbene kontrole, funkcije te zakonske regulative.
1. INSTITUTION AND PURPOSE
The National Energy Commission (CNE) is the energy regulatory body whose statutory mission is to watch out for effective competition, objectivity and transparency in the functioning of energy markets to the benefit of all agents including consumers.
The CNE is a public body attached to the Ministry of Economy with its own legal personality, assets and with full powers to act within its functions.
It was set up under the 1998 Hydrocarbons Act and its precursor was the National Commission of the Electricity System set up under the previous 1994 Electricity Act (this law was superseded by the 1997 Electricity Act) with similar functions as the current CNE but limited to the electricity sector.
2. ORGANISA TION AND STRUCTURE
Council
The National Energy Commission is governed by a Council formed by a President, who is the legal representative of the CNE, a Vice-President, seven Commissioners and a Secretary (with no voting rights). The Secretary of the Council is appointed by the Commissioners.
The Commissioners are appointed by the Government following a proposal of the Minister of Economy and an analysis by a relevant Committee at the Parliament. The law establishes that the candidates proposed by the Minister must have acknowledged professional and technical expertise. Their mandate lasts for six years with the possibility of being renewed for another six years.
The Commissioners can only be dismissed by reasons set up under the law and after leaving office they cannot work in activities related to energy markets in the next two years.
The Board of Commissioners have full competence to decide on the internal structure of the organisation.
Technical Staff
The Technical Staff of the National Energy Commission is divided to a General Secretariat and seven Directorates. There are three sectorial Directorates (Electricity, Gas and Oil) and four cross-sectorial Directorates (Administration&lnspection, External Relations, Legal Affairs, and Regulation&Competition). In September 2002, 161 people were employed at the National Energy Commission.
Consultative Boards
The 1998 Hydrocarbons Act created two advisory bodies of the National Energy Commission, the Electricity Consultative Board and the Hydrocarbons Consultative Board. Each Board consists of 36 members who represent different activities in each sector. The Boards are Chaired by the President of the CNE and they appoint a Secretary.
The Consultative Boards are to be called to issue reports on:
• Proposals of legal provisions in the energy sector
« Energy planning
• Tariffs and remuneration of regulated activities
• Issuing of "Circulars" for legislative development purposes.
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Figure 1. Organisational chart
The activities represented in each Board are as follows:
Electricity Consultative Board: Central Administration, Nuclear Security Council, Autonomous Administrations, Electricity Companies (Generation, Transmission, Distribution, Suppliers), System Operator, Market Operator, Consumers and Environment.
Hydrocarbons Consultative Board: Central Administration, Autonomous Administrations, Gas Companies, Oil Companies, Retail Distributors, Wholesale Distributors, Strategic Storage Body, Consumers and Environment.
3. RESOURCES AND FINANCING
The resources of the CNE can be divided into assets, income as stated under the legislation and if applicable, transfers to be charged to the State General Budget although this latter possibility has never been used so far.
The CNE after studying its needs for the following year proposes a budget to the Ministry of Economy which after being approved by the Government is integrated into the State General Budget.
The income of the CNE is as follows:
Electricity and Gas markets: Percentage of the integral tariffs and access tariffs from the electricity and gas markets,
Oil market: A fixed amount on the Tm of oil sold by the wholesale operators.
The budget of the CNE for 2002 was around 15M€.
4. FINANCIAL AND PERFORMANCE CONTROL
The financial control of the CNE is the responsibility of the State Controller Office and if applicable of the National Audit Office.
As regards CNE Performance, the CNE must:
• Prepare an Annual Activities Plan in coordination with the Ministry of Economy,
• Prepare follow-up reports of the above mentioned Annual Plan indicating the degree of accomplishment of the Plan,
• Prepare an annual report.
5. FUNCTIONS
The statutory functions of the CNE may be classified according to the following topics or fields:
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Legislative
• To participate through proposal or analysis in the drafting of the legislation (basic and developments),
• To participate through proposal or analysis in determining tariffs,
• To develop legislation when the law states so. The CNE would in this case publish a
"Circular" in the Official Journal,
• To participate in the national energy planning.
Disputes
• To solve Third Party Access (TPA) disputes in the electricity, gas and liquid hydrocarbons sector,
• To solve disputes related to the technical and economical management of the electricity and gas sectors,
• To act as an arbitration body if agreed by all parties involved in the dispute.
Competition issues
• To watch out for competition reporting antitrust practices to the Competition Authority,
• To authorise operations that companies with businesses in regulated activities pursue in companies with business lines in liberalised activities,
• To issue a report on market concentration operations in the energy sector,
• To authorise the exercise of voting rights and the appointment of members of the Administration Boards in case the so called main operators acquire more than 3 percent of another main operator.
Settlement of regulated costs
• To settle regulated costs in the electricity sector
• To propose the settlement of regulated costs in the gas sector. The definit settlement is in this case approved by the Ministry of Economy.
Technical and economic inspections
At the request of the Central State Administration or the Autonomous Regions with authority to do so, or ex officio, the CNE inspects:
• Technical conditions of the energy facilities
• Specifications that facilities comply with their authorisations
• Proper use of the domestic coal in power plants which are paid by the so called domestic coal incentive
• Actions and economic conditions of the agents whose activities may affect tariffs and the remuneration of regulated activities
• The availability of power plants under the ordinary regime
• Proper invoicing and selling conditions of suppliers and distributors to customers
Continuity in the supply Quality of the supply
Effective unbundling of the activities.
Quality of the supply
• To identify the agents responsible for breaches in the quality of the supply
Other
• To issue reports when requested by the Central or Autonomous Administration
• To issue a report on the authorisations of new facilities
• To open proceedings when agreed with the Central Administration.
6. POWERS TO OBTAIN INFORM A TION
The CNE shall request all the information needed for exercising its functions. The request must be published in the Official Journal taking the format of a "Circular". In order to verify the information provided, the CNE may undertake inspections.
7. APPEALS TO DECISIONS TAKEN BY THE CNE
Against the Decisions taken by the CNE it may be appealed to the Minister of Economy except the decisions on:
1. Disputes on the technical or economic management of the electricity and gas sectors.
2. "Circulars" issued to obtain information.
8. LEGAL PROVISIONS
• 1998 Hydrocarbons Act
• 1999 Taxation, Administration and Social Act
• Royal Decree-Law 6/2000 on enhancement of competition
• 2001 Taxation, Administration and Social Act
« Royal Decree 1339/1999 on the National Energy Commission By-Laws
• Royal Decree 3487/2000 amending the National Energy Commission By-Laws
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Richard Metcalf HR0300005 Norton Rose
London, England
LEARNING FROM THE EXPERIENCES OF OTHERS: THE DEVELOPMENT