About How To Price Controls And Procedures For The Regulation Of Prices In The Gas Industry

Original Language Title: o způsobu regulace cen a postupech pro regulaci cen v plynárenství

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=82582&nr=195~2F2014~20Sb.&ft=txt

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.