436/Sb.
DECREE
of 16 December 2002. December 2013
about how to price controls and procedures for the regulation of prices in the electricity sector
and heating industry and amending Decree No. 140/2009 Coll., on how they are regulated
prices in the energy sectors, and procedures for the regulation of prices, as amended by
amended
Change: 195/2014 Sb.
The Energy Regulatory Office (hereinafter referred to as ' the authority '), pursuant to section 98, para.
2 (a). f) of 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 law No 158/2009 Coll. and under section 53
paragraph. 2 (a). l) Act No. 165/2012 Coll., on supported resources
energy and amending certain laws, as amended by Act No. 310/Sb.
(hereinafter referred to as the "law about the supported energy sources") to implement section 17
paragraph. 11, 12 and section 19a of the Energy Act and section 11 (1) 12, § 13 para.
3, § 28 para. 3, § 43 para. 1 of the law on the supported sources of energy:
PART THE FIRST
HOW TO PRICE REGULATION AND PRICE CONTROL PRACTICES IN THE ELECTRICITY SECTOR AND
HEATING PLANTS
§ 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.
A method of controlling and how pricing in the electricity sector
§ 2
(1) the authority regulates the prices for electricity transfer as specified in annex
No 1 to this notice.
(2) the authority regulates the price for system services, as specified in annex
No 2 to this Decree.
(3) the authority regulates the prices for electricity distribution operators of regional
the distribution system in the manner specified in annexes 3 and 4 to this
the decree and the prices for electricity distribution operators of local
the distribution system according to § 3 (2). 5.
(4) the price for the electricity transmission and distribution of electricity prices at levels
very high voltage and high voltage are made up of prices for
the reserved capacity of the transmission or distribution system and prices for
the use of transmission or distribution system networks. The price for the distribution of
electricity on the low-voltage level is composed of the price for a reserved
the capacity of the distribution system specified by the size of the current values of the
main circuit breaker electricity meter and the prices for the use of the distribution
the system. The price for the use of the distribution system may be divided into
the price for the amount of electricity distributed in high tariff and price for
the amount of electricity distributed in the low tariff.
(5) the price for the distribution of electricity includes the folder associated with the
cover the cost for the electricity transmission and distribution of electricity in the
adjacent distribution systems on a very high level, high
and low-voltage and folder related to cover part of the costs of higher
distribution system voltage levels.
(6) the authority regulates the price of electricity supplier of last resort way
substantive streamlining prices.
(7) the authority shall establish the price to cover the costs associated with the support of electricity
in the manner specified in annex 7 to this Decree.
(8) the authority shall establish an hourly bonus for green electricity produced from
renewable source in the manner specified in annex 8 to this Ordinance.
(9) the authority shall establish a price for the work in the manner specified mandatory vykupujícího
in Appendix 9 to this Decree.
§ 3
(1) the procedure for formation of the prices for electricity transfer, system services and
electricity distribution is the regulatory period through
the regulatory formula.
(2) for the regulatory period, the Office shall notify the holder of the licence shall establish and
supervisory formula parameters, in the following range:
and the transfer of licence holder) electricity
1. the default value allowed costs
2. the annual value of the factor of efficiency,
3. coefficient of business services, price index
4. the default value of the regulatory asset base,
5. profit for the business of providing system services
(b) the holder of the license to distribute) electricity
1. the default value allowed costs
2. the annual value of the factor of efficiency,
3. coefficient of business services, price index
4. the allowable rate of total losses on the individual voltage levels
the distribution system,
5. the default value of the regulatory asset base,
6. the percentage of the proceeds in respect of the claim for damages in the case of
unauthorised use.
(3) changes to the parameters of the regulatory formula referred to in paragraph 2 are in progress
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) extraordinary changes in the world) with electricity 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.
(4) the Office shall provide For regulated year and shall notify the licensee of the parameters
the regulatory formula, and this in the following range:
and the transfer of licence holder) electricity
1. the value of the index of consumer prices,
2. the value of business services, price index
3. the value of planned fixed asset depreciation
4. correction factor depreciation
5. rate of return regulatory asset base,
6. the planned value of activated investments
7. the planned value of balance sheet asset values,
8. the compensatory factor depreciation
9. the compensatory factor of gain,
10. the planned value investment development factor
11. correction factor of investment development factor
12. the values of the collection and the planned electricity consumption for the calculation of prices
regulated year
13. the price of power to cover losses on the transmission system,
14. income from other activities associated with the licensed activities,
15. permitted quantity of total losses in the transmission system
16. the proceeds from the auctions to interconnectors which are used for
reduction of allowed revenues for the activity of electricity transmission,
17. the incentive component of the profit for the Organization of trade, with supporting
services,
18. the escalation factor allowed the costs of support services,
19. the difference between income and expenses from the settlement of differences arising from
account of costs for deviations on regulating energy, regulatory
energy from the operational supply of electricity from abroad and abroad
the framework of cooperation at the level of the transmission system operator,
redispatching and compensation for electricity when dispatching management neodebranou,
20. the correction factor the regulatory asset base,
21. gain correction factor,
22. the correction factor for the use of the transmission network,
23. the correction factor for system services
24. investment factor
25. a factor taking into account the changes in the organisation of the electricity market resulting
effect on the activity of providing services associated with the operation of the system
generating stations that use the energy of wind and solar energy,
(b) the holder of the license to distribute) electricity
1. the value of the index of consumer prices,
2. the value of business services, price index
3. the value of total planned fixed asset depreciation, broken down
According to the voltage levels,
4. correction factor depreciation
5. rate of return regulatory asset base,
6. the planned value of activated investments
7. the planned value of balance sheet asset values,
8. the planned value investment development factor
9. the correction factor of the investment development factor
10. the values of the collection and the planned electricity consumption for the calculation of prices
regulated year
11. the price of power to cover losses in the distribution system,
12. income from other activities associated with the licensed activities in
broken down by voltage levels,
13. the relative number indicating the maximum value of the bonus or penalty in
areas of quality,
14. the maximum limit value of quality indicators,
15. minimum limit value of quality indicators,
16. the upper and lower bounds of the neutral zone, level of quality,
17. the distribution of the quality factor on the individual voltage levels,
18. correction coefficients of allowed revenues between voltage levels,
19. balance income and costs of the Flash of electricity between networks
distribution system operators, broken down by voltage levels,
20. the percentage of the premium to the coefficient of unevenness,
21. the correction factor the regulatory asset base,
22. the correction factor of profit,
23. the correction factor for the activity of electricity distribution,
24. the correction factor for the support services at the level of the distribution system,
(c) the licence holder) electricity trade, carrying out the activity
compulsory vykupujícího under another law ^ 1)
1. the cost of the planned derogations in connection with the purchase of electricity,
2. the planned administrative costs associated with the purchase of electricity,
3. projected costs associated with the purchase of electricity in the form of feed-in tariffs,
4. the correction factor for the activities of compulsory vykupujícího,
5. the planned quantity of electricity purchased in the mode of feed-in tariffs.
(5) the operator of a local distribution system uses the prices for
distribution of electricity up to the level of prices for electricity distribution
regional distribution system operator, the distribution
the system is connected. If the Office decides on a different determination of the permitted
revenues and variable costs distribution system operator according to
the Energy Act, the procedures for price adjustment on distribution of electricity
operator of the local distribution system suitable for the attachment no 3
and 4 to this notice. 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
(1) the authority shall notify the supervisory formula parameters
and) by transmission system operators not later than 6 months before the beginning of
of the regulatory period, in the case of parameters according to § 3 (2). 2, and at the latest
6 months before the beginning of the year, each regulated with respect to parameters
According to § 3 (2). 4, with the exception of the parameter in accordance with § 3 (1). 4 (b). and)
13, that the Office shall notify not later than 10. October of the year preceding the
regulated year
(b)) the distribution system operator at the latest before the beginning of 15.7 months
of the regulatory period, in the case of parameters according to § 3 (2). 2, and at the latest
5 months before the beginning of the year, each regulated with respect to parameters
According to § 3 (2). 4, with the exception of parameters according to § 3 para. 4 (b). (b))
11 and 18, that Office shall notify not later than 25. October of the year preceding the
regulated year
(c) compulsory vykupujícímu no later than 5) months before the beginning of each
regulated year with respect to parameters according to § 3 (2). 4 (b). (c)), with the
exception parameters according to § 3 (2). 4 (b). (c) sections 1 and 3), that Office
shall be notified not later than 5. November of the year preceding the regulated
of the year.
(2) the authority shall notify the TSO to 10. October and
regional distribution system operator to 25. October calendar
the year preceding the year of the calculated price for a regulated reserved
transmission capacity, the price for the use of transmission systems and networks
the price for system services, including other prices needed for the calculation.
(3) the authority shall notify the operator of regional distribution system to 25.
October calendar year preceding the year of regulated and based on
request the operator to the local distribution system until 31 December 2006. October
calendar year preceding the year of the calculated price for regulated
the reserved capacity of the regional distribution system, price per use
network of regional distribution system for a very high level and
high voltage. The Office shall also report to the operator of regional distribution
system, and on application by the operator of the local distribution
system to 5. November of the calendar year preceding the regulated
year calculated prices for distribution of electricity on the low-voltage level.
(4) the authority shall notify the compulsory vykupujícímu to 5. November of the calendar year
the previous year calculated price for a regulated activity compulsory
vykupujícího.
(5) the authority shall notify the operators of the local distribution system, which
sets different prices for electricity distribution, to 15. November
calendar year preceding the year of the calculated price for regulated
the reserved capacity of the local distribution system and the prize for the use of
networks of local distribution system to a very high level and high
the tension and the price for the distribution of electricity on the low-voltage level.
(6) the authority shall establish the price to 30. November of the calendar year
the previous regulated year, with effect from 1. January
regulated year. In the case of price regulation in the manner of a substantive streamlining
the Office shall determine the conditions for price negotiation of prices to the 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
at least 30 calendar days before the date of their efficiency.
§ 5
The method to determine the correction factors in the electricity sector is given in
Appendix 11 to this Decree.
§ 6
Way of regulation and procedure of formation of prices for the market operator's activities in
electricity and heat production
(1) the authority regulates the award for market operator's activities in the electricity sector and
heating plants in the manner specified in annex 5 to this Decree.
(2) the procedure for formation of the prices for the market operator's activities shall be
the regulatory period through the regulatory formula.
(3) for the regulatory period of Office of the licensee at the operator's activities
market shall be established and shall notify the supervisory formula parameters for the activities in the
electricity and heat production, and in the following range:
and the default value of allowed expenses),
(b) the value of the annual factor of effectiveness),
c) coefficient of business services, price index
(d) the factor price index) of the services provided in the area of programming and
advice.
(4) changes to the parameters of the regulatory formula referred to in paragraph 3 are in progress
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) extraordinary changes in the world) with electricity or other abnormal changes in the
the national economy worthy of special consideration,
(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 be established and shall notify the supervisory formula parameters, in the following
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
the electricity sector,
e) correction factor for the activities in the electricity sector, depreciation,
f) correction factor for the market operator's activities in the electricity sector and
heat production under another law ^ 1)
g) planned administrative costs associated with the support of electricity
decentralised production of electricity and heat referred to in other operating aid
legal regulation ^ 1)
h) planned costs associated with electricity and support decentralised production
electricity under another law ^ 1)
I) planned value collection and electricity consumption for the calculation of prices on
regulated year in the electricity sector,
j) income from other activities in the electricity sector,
the market for activities) factor in the electricity sector,
l) rate of return allowed costs for the activities in the electricity sector.
(6) the authority shall notify the operator of the market supervisory formula parameters
at the latest 4 months before the start of the regulatory period, if the
the parameters referred to in paragraph 3, and no later than 4 months before the start of each
regulated year with respect to the parameters referred to in paragraph 5.
(7) the authority shall notify the market operator by 30. September of the calendar year
the previous year calculated price for regulated controlled activities
the market operator.
(8) the authority shall establish the price to 30. November of the calendar year
the previous regulated year, with effect from 1. January
regulated year.
§ 7
The method of determining the market operator's costs related to support of electricity
and the support of decentralized electricity generation
(1) the authority shall establish the price to cover the costs associated with the support of electricity
under another law "^ 1") as set forth in annex 7 to the
This Decree and the prices for electricity distribution folder associated with the support
decentralized electricity production under another law ^ 1) way
referred to in annex 10 to this Decree.
(2) the procedure for formation of prices on the costs associated with the support
electricity prices for electricity distribution folder to cover the costs
related to support decentralized electricity production is set at
the regulatory period through the regulatory formula.
(3) For the Office of a licensee regulated year in the market operator's activities
referred to in paragraph 2 shall be established and shall notify the supervisory formula parameters in
the following range:
and) planned costs associated with payment of the aid and decentralised electricity
the production of electricity for support in the form of feed-in tariffs, green
bonuses and bonuses
(b) the value of the planned total consumption) of electricity for determination of prices on
the costs associated with the support of electricity and for the establishment of a folder
the price for the distribution of electricity to cover costs associated with the support
decentralized electricity production,
(c) the means of the State budget) planned for operational support of
renewable energy sources,
(d)) the correction factor of the market operator associated with the payment of the aid
electricity,
e) correction factor for State budget in support of the heat from the
renewable energy sources.
(4) the authority shall notify the operator of the market supervisory formula parameters
by 15. September of the calendar year preceding the regulated
of the year, with respect to the parameters referred to in paragraph 3 (b). (d)), and (e)), and at the latest
to 5. November of the year before the beginning of each regulated, if the
the parameters referred to in paragraph 3 (b). a) to (c)).
(5) the authority shall notify the market operator to 15. November of the calendar year
the previous year calculated on the price the regulated reimbursement
related to support of electricity and prices for electricity distribution folder on
covering the costs connected with the support of decentralized electricity generation.
(6) the authority shall establish the price to cover the costs associated with the support of electricity
and the folder for distribution of electricity prices to cover the costs associated with
support for decentralized electricity production to 30. November calendar
the year previous to the regulated year with effect from 1 January. January
regulated year.
§ 8
The procedure for the fixing of prices in the formation of the licence holders and the conversion of existing
licence holders in the electricity sector
(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 calendar year, and
If not this licensee the licensed activity in the previous
the calendar year, it's the Office when fixing prices in the electricity sector
mutatis mutandis, the provisions of paragraphs 3 and 4.
(2) If during a calendar year granted licenses to assignee
as a result of amalgamation ^ 2) of two or more licence holders on the same
activity, apply to such licensees continue to be price regulated
the activities provided for the legal predecessor of the licence holder for their
each of the defined territory, and by the end of the calendar year. If there is
during a calendar year to merge ^ 2) of two or more holders
the license for the same activity, apply to the holder of the licence to which the
the assets of the merging companies shall be transferred or licence holders continue to
prices of regulated activities set for the merging of the licence holder
for each of the defined territory, and by the end of the calendar year.
(3) If during a calendar year to transfer the assets of the holder of the
the license for one of the partners or shareholders ^ 3), 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 calendar year.
If during a calendar year to the distribution of the licence holder,
formation of new companies or by merging ^ 4), applies to the legal
successor or successors, if they are holders of licences for the same
the activities of the licensee, as the company continues to price regulated
the activities of the merging of the licence holder, by the end of the calendar
of the year. If during a calendar year to the distribution of the licence holder
by splitting the formation of new companies or through the divestment of
by merging ^ 4), 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 calendar year.
(4) If during a calendar year to transfer or lease business
or parts of it, which includes the energy used to power devices
licensed activities, or to transfer or lease energy equipment
for the performance of the licensed activity, apply to the assignee or
the lessee by the end of the calendar year prices regulated activities
applied by the transferor or by the lessor at the defined territory, where is
energy equipment is located.
(5) If the effects of the merger or consolidation pursuant to paragraph 2, a transfer of
assets to the partners or shareholders, the distribution of the licence holder or
secede in accordance with paragraph 3, or the transfer or lease of the undertaking or its
part or transfer or lease energy equipment used to
licensed activity referred to in paragraph 4 occurs after 30. November
the calendar year is based on the authority in determining the regulated prices for
regulated year round from information supplied by the legal predecessors of the holder
license, rozdělovanými companies, the transferor or the lessor
the enterprise or a part thereof, to the transferor or the lessor of the energy
the device used for the performance of the licensed activity and prices established for the
These entities and their defined territory for the following regulated year
for its legal successor, the acquiring company, companion
or shareholders of the acquirer or the lessee or part of the undertaking, or
for purchasers or lessees of the energy used to power devices
licensed activities for the entire year, if it is not regulated in justified
cases provided otherwise. The same happens even if legal
the effects of the process of merging, amalgamation, Division, divestment, acquisitions
on one of the partners or shareholders, the transfer or lease of the undertaking or
its parts, or the transfer of energy-related equipment to licensed
activities under this paragraph, launched during the calendar year,
occurred on the first day of the regulated year.
§ 9
The method of price control in the heating industry
The authority regulates the price of heat energy in a way kind of channeling prices.
Price decision of the authority shall publish, not later than 30 days before the date of the acquisition of its
efficiency.
§ 10
Cutting costs in the combined production of electricity and heat
Supplier of thermal energy in the Division of the common costs in
the combined production of electricity and heat in the manner prescribed in annex No.
12 of this Decree.
§ 11
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 2014.
(2) the correction factor of the market operator associated with the support of electricity from
renewable energy sources, the combined production of electricity and heat and secondary
resources resulting from the entry into force of Act No. 165/2012 Coll.
supported by the sources of energy and on amendment to certain laws, as amended by
Act No. 310/2013 Coll., is established in accordance with Decree No. 140/2009 Coll., on
amended by Decree No. 348/2012 Sb.
(3) the corrective factors provided for in annex 11 to this Decree
in the last two years of the regulatory period beginning 1 January 2005. January
2010 and ending on 31 December. December 2015 settled in the course of the regulatory
period, which will begin on 1 January 2000. January 2016.
(4) the actual value of the investment of the development factor provided for in
connection with the correction factors for regulated 2014 and 2015 will not
included in the regulatory asset base parameter and related values
depreciation for the relevant regulated for years.
(5) the rate of return regulatory asset base determined in accordance with the methodology
the weighted average cost of capital before taxes will be for regulated
year 2015 based on the average of this parameter from the years 2013 and
2014, IE. for the activity of electricity transmission of 5.765% and for the activity of
distribution of electricity in the amount of 6.146%. The value of allowed charges for
the year 2015 will be fixed without affecting the cost of factor eskalačního
in the year and a factor of efficiency, IE. in the amount of allowable costs
for regulated year 2014.
PART TWO
cancelled
§ 12
cancelled
PART THREE
The EFFECTIVENESS of the
section 13 of the
This Decree shall enter into force on 1 January 2000. January 2014.
Chair:
Ing. Vaghela in r.
Annex 1
Procedure for setting the prices for the transmission of electricity
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 2
Procedure for determining the price for system services
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 3
Procedure for setting the prices for the distribution of electricity
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 4
Procedure for setting the prices for electricity distribution
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 5
Procedure for setting the prices for the market operator's activity in the electricity sector and
heating plants
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 6
Determination of correction factors for the market operator the market operator's activities
in electricity and heat production
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 7
Procedure for setting prices to cover the costs related to support of electricity
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 8
Procedure for setting the clock the green bonus for electricity produced from
renewable source
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 9
Procedure for setting the prices for the activities of compulsory vykupujícího
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 10
Procedure for setting the prices for the distribution of electricity to cover the costs
related to support decentralized electricity production
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 11
Determination of correction factors in the electricity sector
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
Annex 12
The procedure for the Division of the common costs in the combined production of electricity and
heat
_________________
*) Note. ASPI: the attachment is available on the website http://ftp.aspi.cz/opispdf/2013.html#castka_171.
1) supported energy sources Act.
2) part two of the Act No. 125/2008 Coll. on transformation
companies and cooperatives, as amended.
3) part four of Act No. 125/2008 Sb.
4) part three of the Act No. 125/2008 Sb.
