195/2014 Sb.
DECREE
from day 4. September 2014
about how to price controls and procedures for the regulation of prices in the gas industry
The Energy Regulatory Office (hereinafter referred to as ' the authority '), pursuant to section 98, para.
2 (a). f) Act No. 458/2000 Coll., on conditions for business and performance
State administration in the energy sectors and on amendments to certain laws
(Energy Act), as amended by Act No. 158/2009 Coll., to implement section 19a
Energy Bill:
§ 1
Basic concepts
For the purposes of this Ordinance, means the
and regulated year calendar year), for which are regulated by the Office of
prices,
(b) the regulatory period of fixed period) six consecutive
the controlled years
(c) the distribution system) regional gas distribution system, to
It is connected to 90 000 and more customer locations,
(d) the distribution system) local gas distribution system, to
It is connected to less than 90 000 places customers.
Way of regulation and procedure of pricing in the gas industry
§ 2
(1) the authority regulates the prices for gas of the regulatory procedure referred to in
the formula set out in annex 1 to this notice.
(2) the authority regulates the prices for gas distribution procedure laid down in the regulatory
the formula set out in annex 2 to this Decree.
(3) the operator of a local distribution system uses the prices for
distribution of gas up to the level of prices for gas distribution operator
regional distribution system, whose distribution system is
is connected to. If the Office decides on a different determination of allowable revenues and
variable costs distribution system operator according to
the Energy Act, the fixing of prices for gas distribution
local distribution system operators adequately provided for in annex No. 2
to this Decree. The prices fixed in this procedure uses the operator
local distribution system by the end of the buffer period in which
have been laid down.
(4) the procedure for the determination of the correction factors for transmission
system operator and distribution system operator is given in annex No 3
to this Decree.
(5) the procedure for determining the regulated value of the natural gas equipment and procedure
determination of regulated rental gas device is
listed in annex 4 to this notice.
(6) the provisions of this Ordinance relating to the lease shall apply mutatis mutandis for the
the leasing or other exploitation right to the gas device to which the holder of the
the license does not have the right of ownership.
§ 3
(1) for the regulatory period of Office by transmission system operators shall notify to the
supervisory formula parameter values in this range:
and the default value of allowed expenses),
(b)) the default value for the regulatory asset base,
(c)) the annual value of factor of effectiveness and
(d)) business services price index factor.
(2) for the regulatory period of Office of the distribution system operator shall notify to the
supervisory formula parameter values in this range:
and the default value of allowed expenses),
(b)) the default value for the regulatory asset base,
(c)) the annual value of factor of effectiveness and
(d)) business services price index factor.
(3) Changes of parameter values of a regulatory formula referred to in paragraphs 1 and 2 are
during the regulatory period only in cases
and the legislation immediately) changes related to the licensed
the activities of the holder of the licence, which have a material impact on the value of the
supervisory formula parameters,
(b) the extraordinary changes in the world) with gas or other abnormal changes in the
the national economy worthy of special consideration, or
c) specify values of the parameters on the basis of incorrect, incomplete or
false documents or information.
§ 4
(1) for the regulated year Office by transmission system operators shall notify to the
supervisory formula parameter values in this range:
and the value of the consumer price index),
(b) the price index) value business services,
(c)) the value of the planned depreciation of fixed assets
(d)) the correction factor depreciation
(e)) rate of return regulatory asset base,
(f) the value of the planned investments are activated),
g) planned value of balance sheet asset values,
(h) depreciation factor)
I) countervailing factor of gain,
j) planned purchase price of energy of gas to cover losses and awards
gas compression stations in power transmission system
the allowed amount of losses) transmission system
l) planned amount of power to drive the gas compression stations in
a transmission system for the transport of gas to the output of the domestic point a to
exit points, virtual gas storage
m) planned excise tax in the amount of energy of gas for the drive
compression stations in a transmission system,
n) planned revenue transmission system operator for deviation above
the allowable tolerance and planned revenue for the balancing gas after deduction of
the cost of its acquisition,
the cost of the service) the planned provision of flexibility by
gas or the operator of the underground gas storage,
p) planned capacity reserved a fixed input and output
points,
q) distribution of modified coefficients allowed proceeds to the individual
input and output points
r) coefficients of price allocation on each input and output the boundary
points,
with) coefficients for calculating the volume of gas to cover drive compression
stations on the output points of the transmission system,
t) the correction factor the regulatory asset base,
u) the correction factor of profit,
in the correction factor for the activity of the) transport of gas,
w) allocation of the actual revenue for the coefficient of gas transport in the input
border points,
x) value allowed for the operation of international transport sales gas in
the entry border points and
y) value of the investment factor.
(2) for the regulated year Office of the distribution system operator shall notify to the
supervisory formula parameter values in this range:
and the value of the consumer price index),
(b) the price index) value business services,
(c)) the value of the planned depreciation of fixed assets
(d)) the correction factor depreciation
(e)) rate of return regulatory asset base,
(f) the value of the planned investments are activated),
g) planned value of balance sheet asset values,
h) planned costs for the purchase of gas for its own technological
consumption,
I) allowance for losses
(j) the quantity of gas) planned their own technological consumption
distribution system operator,
the cost of the settlement přetoků) planned gas between the distribution
systems,
l) correction factor the regulatory asset base,
m) profit, the correction factor
n) correction factor for the operation of gas distribution,
the scheduled cost for the purchase of) gas to cover quantity losses
in the distribution system,
p) planned value of controlled costs to cover the rent for
the use of gas devices
the q factor of the regulated) to defray the cost of rent for
the use of gas installations and
r) value of the investment factor.
§ 5
(1) the authority shall notify the transmission system operator, and the operator
regional distribution system supervisory formula parameter values
at the latest 4 months before the start of the regulatory period, if the value of the
parameters according to § 3 (2). 1 and 2, and no later than 4 months before the start of
each regulated year in the case of parameters in accordance with § 4 para. 1 and 2.
(2) the authority shall notify the transmission system operator, and the operator
regional distribution system to 30. September of the calendar year
the previous year calculated prices for regulated gas and prices
for the distribution of gas.
(3) the authority shall notify the operators of the local distribution system, which is already
they were in the previous year same period laid down different price regulating
for the distribution of gas according to § 2 (2). 3, to 31. October of the calendar year
the previous year calculated prices for regulated gas distribution for
It operated distribution system.
(4) the Office shall invite the local distribution system operator, which
asked in the course of the year, a regulated pricing for distribution of gas
According to § 2 (2). 3 to within 15 calendar days from receipt of the request
presented the economic and technical data necessary for the determination of the different
the supporting documents submitted by the Office of prices within 30 calendar days from their receipt
evaluated in terms of the scope and content of the data necessary for the determination of the
pricing for the specific conditions of the local distribution system.
The calculated price of the distribution system operator shall notify the Authority within 30 days
from the delivery of documentation necessary for the determination of the different prices.
(5) the authority shall establish prices for gas distribution price decision
the operators of the local distribution system, which applied for the determination of the
different prices according to § 2 (2). 3, no later than the calendar month
After the calendar month in which they were calculated, with different awards
effective from the first day of the calendar month following the
the calendar month in which prices have been established.
(6) the authority shall set the prices with the exception of the price according to § 2 (2). 3 the second sentence
price decision by 30. November calendar year preceding
regulated year, with effect from 1 January. January regulated year. In
the case of price regulation in the manner of a substantive streamlining prices, the Office
the conditions for negotiation of prices price decision by 30. November
calendar year preceding the calendar year for which they are
the conditions for negotiation of prices established, with effect from 1 January. January
This year. If the authority regulates the prices with a different effect than the 1. January
regulated year fix the prices or conditions for negotiating prices
price decision of at least 30 calendar days before the date of their
efficiency.
§ 6
Way of regulation and procedure of formation of prices for the market operator's activities in
the gas industry
(1) the authority regulates the award for market operator's activities in the gas sector
procedure laid down in the regulatory formula set out in annex 5 to this
the Decree.
(2) the procedure for the determination of the correction factors for holders of licences for the operation of
the market operator is given in Appendix 6 to this Ordinance.
(3) for the regulatory period of Office of the licensee at the operator's activities
the market shall notify the supervisory formula parameter values for the activities in the
the gas industry in this range:
and the default value of allowed expenses),
(b) the value of the annual factor of effectiveness),
c) coefficient of business services and price index
(d) the factor price index) of the services provided in the area of programming and
advice.
(4) no modification of the parameter values of the regulatory formula referred to in paragraph 3 are in
during the regulatory period only in cases
and the legislation immediately) changes related to the licensed
the activities of the holder of the licence, that have a significant impact on the parameters of the
the regulatory formula,
(b) the extraordinary changes in the world) with gas or other abnormal changes in the
the national economy worthy of special consideration, or
(c)) the determination of the parameters on the basis of incorrect, incomplete or
false documents or information.
(5) for the year, the Office of a licensee regulated the market operator's activities
shall notify the supervisory formula parameter values in this range:
and the value of the consumer price index),
(b) the price index) value business services,
(c) the price index value) of the services provided in the area of programming and
advice,
(d)) the value of the fixed asset depreciation for the planned activities in the
gas,
e) correction factor depreciation for activities in the gas sector,
(f)) planned value collection and consumption of gas for the calculation of prices on
regulated year in the gas industry,
g) income from other activities in the gas sector,
h) factor market for the activities in the gas sector and
I) rate of return allowed costs for activities in the gas sector.
(6) the Office shall notify the holder of the license to the values of the market operator's activities
the parameters of the regulatory formula, no later than five months before the start of
of the regulatory period, if the values of the parameters referred to in paragraph 3, and
at the latest 4 months before the start of each regulated year in the case of
the values of the parameters referred to in paragraph 5.
(7) the authority shall notify the licensee of the market operator's activities up to 30. September
calendar year preceding the year of the calculated price for regulated
regulated market operator's activities.
(8) the authority shall set the price of price decision by 30. November calendar
the year preceding the year of regulated, with effect from 1 January. January
regulated year.
The procedure for the fixing of prices in the formation of the holder of the licence or the conversion
the holder of the licence and the procedure for the acquisition or rental of the natural gas úplatném
device
§ 7
(1) If a licensed legal entity without legal predecessor or
If it is granted a license to a natural person in the course of the year and regulated
If not this licensee the licensed activity in the previous
regulated year, the Authority in determining the regulated prices reasonably
the provisions of paragraphs 3 to 5.
(2) if in the course of the year to grant the licences regulated legal
as a result of amalgamation of the successors of the ^ 1) two or more licence holders on
the same thing applies to such licensee continue to price
regulated activities set for the legal predecessor of the licence holder
for each of the defined territory, and by the end of the regulated year.
(3) if in the course of a regulated year to merge the ^ 1) of two or more
licence holders on the same activity, apply to the holder of the licence, the
which passes worth merging or ceasing licence holders
still the price of regulated activities set for the merging of the holder
license scoped for their individual Territories, and in the end
regulated year.
(4) if in the course of a regulated wealth transfer to the holder of the
the license for one of the partners or shareholders ^ 2), which is the holder of
the license on the same business as the company being acquired the licence holder or
such a licence is sought, it is still the price of regulated activities
the merging of the licence holder, by the end of the regulated year.
(5) if in the course of the year to divide the regulated licensee
splitting with the emergence of new companies or to split a demerger
sloučením3), applies to the successor or legal successor, if
they are holders of licences for the same activity as the company holder
the license, continue to be price regulated activities of the merging of the holder
license, and that by the end of the regulated year.
(6) if in the course of the year to divide the regulated licensee
by splitting with the emergence of new companies or by splitting by merging ^ 3),
apply to the successor or legal successor, if to them from
distributed by the licensee and licensed activities are moved
the holder of the license on the same activity as the licensee distributes,
continue to be price regulated activities distributed by the licensee,
by the end of the regulated year.
(7) if in the course of the year to convert or a regulated tenancy race
or parts of it, which includes the gas device used to performance
the licensed activity or the transfer or lease of the gas equipment
for the performance of the licensed activity, apply to the transferee,
the tenant, or a person otherwise entitled pachtýře to use natural gas
facility to conduct the licensed activity until the end of the year, prices of a regulated
regulated activities practised by the transferor, the landlord,
propachtovatelem or any other person who has waste gas
device to use the defined territory.
§ 8
(1) if the effects of the merger or consolidation pursuant to § 7 para. 2 or 3,
wealth transfer to the partners or shareholders under § 7 para. 4, Division of
the holder of a licence under section 7 (2). 5 or 6, or to transfer or lease
the plant or its parts, or transfer or lease of the gas equipment
for the licensed activity referred to in section 7 (2). 7 occurs after 30.
November, based on the authority of the regulated year in determining the regulated
prices for the following regulated year round from information supplied by the legal
the predecessors of the licensee, transferor or rozdělovanými companies
propachtovateli plant or part thereof, or to the transferor lessor
the gas device used to exercise the licensed activities. Prices
established for these entities and their defined territory for the following
regulated year round for its legal successor, the successor
the company, the successor of a shareholder or shareholders, or of the transferee
or pachtýře plant, or its part or the acquirer, lessee or
the person otherwise entitled to use gas equipment used to
the performance of the licensed activities to the whole of the year, when the authority regulated in
where justified, provide otherwise. The same happens even if
If the legal effects of the process of merging, amalgamation, Division, transfer
fortune on one of the partners or shareholders, the transfer or lease of the plant
or parts of it or to transfer or lease of the gas equipment used to
licensed activities under this paragraph, launched during the
regulated year, occurred on the first day of the regulated year.
(2) if the operator will take regional ownership of the distribution system
natural gas equipment in his defined territory, the authority shall take into account in the regulatory
basis of assets paid the price of the acquired assets in this way but not in the amount of
the regulated value of gas equipment determined in accordance with Annex No 4
to this Decree. Of the regulatory asset base set out above will be
calculated allowed depreciation. If the operator has a regional
ownership of the natural gas distribution system, the device outside of its defined
territory, shall continue to apply for the distribution of gas for the sampling locations
customers of this licensee regulated prices for gas distribution
distribution system operator, whose system is acquired
the gas device is connected.
(3) If an operator has local ownership of the distribution system
gas equipment, the Office shall take into account in the regulatory basis of assets paid
the cost of the acquired property as follows, but not in the amount of the controlled values
gas equipment determined in accordance with annex 4 to this notice. From
thus provided for the amount of the regulatory asset base will be used to calculate allowable
depreciation.
(4) if in the course of the distribution system operator of a regulated
of the contract on the lease of the gas equipment, the Office shall take into account permitted
the cost of the rent paid, but not in the amount of the controlled cost
the rent of the gas equipment determined in accordance with annex 4 to this
the Decree.
§ 9
Transitional provisions
(1) for the regulatory period beginning 1 January 2005. January 1, 2010 and ending on
31 December 2015 in accordance with this Decree, the Office for the first time
regulated in 2015.
(2) the corrective factors provided for in annex 3 and annex 6 to this
the decree for the last two years of the regulatory period, commencing on the date of
January 1, 2010 and ending on 31 December 2007. December 2015 equal during the
of the regulatory period, which starts on January 1. January 2016.
(3) the actual value of the investment factor provided for in the context of the
a correction factor for the regulated until the year 2015 of the parameter
the regulatory asset base and related values for the appropriate depreciation
regulated for years.
(4) the rate of return regulatory asset base determined in accordance with the methodology
the weighted average cost of capital before taxes is for regulated
year 2015 based on the average of this parameter from the years 2013 and
2014, i.e. for the activity of transport of gas at the rate of 6.105% and for the activity of
gas distribution of 6.479%. The value of allowed cost for the year
2015 is fixed without affecting the cost factor of the competent eskalačního
year and factor of efficiency, i.e. in the amount of allowable costs for
regulated in 2014. For the determination of the values of the regulated rate of return
to view the assets and allowed costs for the year 2015, the procedure provided for in the annexes to the No.
1 and 2 shall not apply.
(5) a notice under section 8 (2). 1 of Decree No. 140/2009 Coll., as amended by
amended, is deemed to be a notification pursuant to § 5 para. 1.
(6) a notice under section 9a of the paragraph. 6 of Decree No. 140/2009 Coll., as amended by
amended, is deemed to be a notification pursuant to § 6 paragraph 1. 6.
§ 9
Regulation (EEC)
Shall be repealed:
1. Decree No. 140/2009 Coll. on the method of price regulation in the energy
and procedures for the regulation of prices.
2. Decree No. 264/2010 Coll., amending Decree No. 140/2009 Coll.
How to price regulation in the energy sectors, and procedures for the regulation of
prices.
3. Decree No. 393/2011 Coll., amending Decree No. 140/2009 Coll.
How to price regulation in the energy sectors, and procedures for the regulation of
prices, as amended by Decree No. 264/2010 Coll.
4. Decree No. 348/2012 Coll., amending Decree No. 140/2009 Coll.
How to price regulation in the energy sectors, and procedures for the regulation of
prices, as amended.
5. the second part of the Decree No. 436/2013 Coll. on the method of price control and
procedures for the control of prices in the electricity and district heating sector and amending
Decree No. 140/2009 Coll. on the method of price regulation in the energy
and procedures for the regulation of prices, as amended.
§ 10
The effectiveness of the
This Decree shall take effect on the date of its publication.
Chair:
Ing. Vaghela in r.
Annex 1
Method for the determination of prices for gas transport
_________________
*) Note. ASPI: the Text is available on the website http://ftp.aspi.cz/opispdf/2014.html#castka81.
Annex 2
Procedure for setting the prices for the distribution of gas
_________________
*) Note. ASPI: the Text is available on the website http://ftp.aspi.cz/opispdf/2014.html#castka81.
Annex 3
Method for the determination of correction factors
_________________
*) Note. ASPI: the Text is available on the website http://ftp.aspi.cz/opispdf/2014.html#castka81.
Annex 4
Procedure for determining the regulated value of the natural gas equipment and procedure
determination of regulated rental gas equipment
_________________
*) Note. ASPI: the Text is available on the website http://ftp.aspi.cz/opispdf/2014.html#castka81.
Annex 5
Procedure for setting the prices for the market operator's activities in the gas sector
_________________
*) Note. ASPI: the Text is available on the website http://ftp.aspi.cz/opispdf/2014.html#castka81.
Annex 6
Determination of correction factors for the market operator operator's activities
market in the gas industry
_________________
*) Note. ASPI: the Text is available on the website http://ftp.aspi.cz/opispdf/2014.html#castka81.
1) part two of the Act No. 125/2008 Coll. on transformation
companies and cooperatives, as amended.
2) part four of Act No. 125/2008 Coll., as amended.
3) part three of the law No. 125/2008 Coll., as amended.
