Key Benefits:
Minister of State, Minister of Ecology, Development and Sustainable Development, and Minister of Economy, Finance and Employment,
Considering the amended Act No. 2000-108 of 10 February 2000 on the modernization and development of the public service of electricity, including its article 4;
In view of Decree No. 2001-365 of 26 April 2001 on the tariffs for the use of public electricity transmission and distribution networks;
In view of the Commission's tariff proposal for the regulation of energy on the pricing of benefits associated with the use of public electricity networks as of May 15, 2007, addressed to the Minister of State, Minister of Ecology, Sustainable Development and Development, and to the Minister of Economy, Finance and Employment,
Decide:
The above-mentioned proposal of the Energy Control Commission is approved.
This decision will be published in the Official Journal of the French Republic.
A N N E X E
PROPOSAL FOR THE REGULATION COMMISSION FOR ENERGY OF 15 MAY 2007 RELATING TO TARIFICATION OF PRESTATIONS ANNEXES TO THE USE OF PUBLIC RESEARCH
Statement of Reasons
1. Context
In accordance with the provisions of Article 4 III of Act No. 2000-108 of 10 February 2000 on the Modernization and Development of the Public Electricity Service, the Energy Regulatory Commission (ERC) transmits to the Ministers responsible for the Economy and Energy a motivated proposal of tariffs of the annexed benefits realized under the monopoly of the managers of the public networks of transport and distribution of electricity. The ministerial decision shall be deemed to have been acquired, except as opposed by one of the ministers within two months of the receipt of the proposal by the REB.
This proposal is in response to the REB's communications of 10 January and 14 September 2006 on the preparation of the opening of the residential customers market as of 1 July 2007 and takes into account the requests expressed in the work of the "power working group 2007" (GTE 2007). As a result, it is limited to the supplemental services strictly necessary for the smooth running of this market opening maturity to residential and only applicable to welding users connected to the BT voltage domain with a subscribed power of less than or equal to 36 kVA.
The benefits described in the catalogues of the annexed benefits of public distribution network managers (GDPs), not covered by these tariff rules, remain applicable under the conditions set out in section 14 of the tariff rules annexed to the Decision of 23 September 2005 approving the tariffs for use of public electricity transmission and distribution networks.
With regard to users affected by the special "first-necessity product" pricing referred to in Article 4 of the Act of 10 February 2000, suppliers will refactor the amounts set out in these tariff rules by applying the slaughters provided for in Article 4-1 of amended Decree No. 2004-325 of 8 April 2004.
As provided for in Article 4 of the Act of 10 February 2000, the REB formulates this proposal after consulting stakeholders at the opening of the energy market (consumer associations, suppliers, IBCs and Demand and Energy Markets) in May 2007.
Given the inseparable nature of the tariffs for the subsidiary benefits and the tariffs for the use of the networks (see infra, item III), these tariff rules will need to be reviewed when the REB formulates its next proposed tariffs for the use of public distribution networks.
2. Requests expressed in the context of the work of the GTE 2007
2.1. Implementation and termination
Currently, the EDF Distribution Network (ERD) add-on services catalogue provides that only the relocations are subject to a billing, as the need for travel is due to the suspension of the supply of the sites concerned.
A user moving on a site who is not responsible for the situation of this site with regard to its diet, the CRE requested that the price of the service delivery be identical, whether the commissioning is carried out with or without displacement.
In addition, the REB recalled that the provider previously a site provider should not be eligible for more favourable terms of service than other suppliers.
Finally, the 2007 GTE recommended that, as a measure of simplification, the price of termination benefit be included in that of commissioning.
2.2. Express service
To deal with certain emergency cases, it is useful that customers moving to a space whose power has been suspended may request an express service within two days (instead of five days in standard version). This is to limit situations where a customer may not have power supply for more than two days.
2.3. Interventions for unpaid
ERD proposed that some flexibility be introduced in the processing of unpaid interventions, for example, to allow suppliers who wish to request distribution network managers (GRD) not to suspend a user's supply in the absence of it.
3. Regulatory framework and applicable tariff principles
3.1. Amendments introduced by the Act of 7 December 2006
Section 26 of Act No. 2006-1537 of 7 December 2006 on the energy sector introduced three amendments to section 4 of the Act of 10 February 2000:
1° The provisions of the second paragraph of Article L. 410-2 of the Commercial Code apply to the rates of the associated benefits realized under the monopoly of the managers of the public transport and distribution networks.
2° The tariffs for the use of public transportation and distribution networks cover a portion of the costs of the associated benefits realized under the monopoly of the managers of these networks.
3° The motivated proposals for tariffs of the supplementary benefits realized under the monopoly of the managers of the public transport and distribution networks are transmitted by the CRE to the ministers responsible for the economy and energy.
3.2. Tariff principles
1° Like network usage rates, the rates of the associated benefits are identical across the territory.
They apply to all LDCs, resulting in a geographical equalization of tariffs in accordance with the principle of equal treatment throughout the national territory referred to in section 1 of the amended Act of 10 February 2000.
In this context, this proposal is based on cost and revenue elements transmitted by GRD.
The application of this proposal may therefore lead to incremental costs and/or excess revenue from local distribution undertakings. In accordance with Article 5-II of the amended Act of 10 February 2000, these incremental costs or excess revenues must be taken into account by the Electricity Equalization Fund.
2° The levels of the rates of the additional benefits and the network usage rates are inseparable.
Where warranted, the costs of the additional benefits not covered by the rates of these same benefits must be covered by the network usage rates.
Any change in the price level of the additional benefits, compared to the elements taken into account in setting the level of the network usage rates in effect since January 1, 2006, should therefore lead to a change in the network usage rates.
However, the deadline for July 1 is inconsistent with the schedule for the development of the next proposal for network usage rates.
In addition to this calendar incompatibility, the fact that LDCs still do not have an analytical accounting to justify the costs and forecast revenues for each annexed benefit.
This context requires the REB to develop its proposal without changing the balances set out in the Tariff Decision of 23 September 2005 and by limiting itself to the only additional benefits necessary for the successful opening of the residential customer market.
4. Level of rates
4.1. Implementation and termination
In order to minimize the impact on the construction of the network usage rates currently in force, the rate of the service delivery schedule has been calculated on the basis of the prices currently in effect in the ERD's Scheduled Benefits Catalogue and on the basis of assumptions on the number of additional benefits.
The latter are based mainly on estimates provided by ERD. However, they also take into account a predictable reduction in the proportion of in-services requiring displacement, resulting from new procedures applicable to July 1, 2007, which allow resiliations with maintenance of site power without displacement.
These elements lead, by rounding to the nearest euro, to a rate of the service provision of EUR 20 HT.
4.2. Express release
Due to the lack of a price reference in the catalogue of ERD's annexed benefits, the express service being not currently proposed by this GRD, the rate of this benefit was determined by reference:
- at the prices of this benefit currently in effect in the catalogues of the additional services of other IBCs, ranging from 20 EUR HT to 25 HT (in addition to the price of the service delivery)
- at the price of the express option currently in effect in the catalogue of the ERD supplemental benefits for the benefits of interventions for unpaid, recovery, special rotation and power modification, or 27,04 HT (additional to the cost of the benefit concerned).
These elements lead the REB to offer an express option fare for the commissioning of 25 HT (additional to the commissioning fee).
However, given the uncertainty regarding the costs associated with this benefit, this tariff could significantly change during the next tariff proposal.
4.3. Interventions for unpaid and recovery
The prices in effect as of April 1, 2006 in the ERD's annexed Benefits Catalogue are 67.81 HT and 88.82 HT for unpaid and recovery support.
In addition, the EDF supplier has entered into the public service contract between the State and EDF to refurbish, until 1 July 2007, only a portion of these amounts to domestic consumers.
Given the social dimension of these additional benefits, the CRE wishes to rate them at the current price level that the EDF provider is rebranded to domestic consumers, i.e. 38 HT.
4.4. Quality of service
The CRE attaches particular attention to maintaining the quality of service rendered to network users, who may appreciate, in the case of a case, the timelines for the delivery of benefits.
This tariff proposal sets maximum timelines for each benefit, to be met by distribution network managers (DSMs). Considering that it is essential for GRD to meet these consumer commitments, the CRE wishes that a dialogue be conducted between all concerned stakeholders on possible compensation in the event of non-compliance.
4.5. Synthesis of tariff rules
You can see the table in the OJ
n° 178 of 03/08/2007 text number 17
Tariff rules for ancillary benefits under the monopoly of managers of public electricity distribution networks
1. Introduction
Public distribution network managers offer users of their network, or suppliers acting on behalf of these users, the following:
- the commissioning on existing installation;
- the termination without deletion of the connection;
- interventions for unpaid;
- the recovery of the user's feed following an unpaid intervention.
These rules apply only to the additional services applicable to users connected to the BT voltage domain with a subscribed power of less than or equal to 36 kVA and when the physical energy streams active in a connection point are welding fluxes.
The prices and contents of the services of the catalogues of the associated benefits of public distribution network managers not covered by these tariff rules continue to apply.
For the purposes of these rules, the terms used are those defined in section 1 of the tariff rules for the use of public electricity networks annexed to the decision of 23 September 2005 approving the tariffs for the use of public electricity networks.
It is the responsibility of public distribution network managers to specify the practical terms and conditions of implementation, the restrictive clauses, access channels and contractual references for these additional benefits.
Public distribution network managers may provide shorter delivery times than those provided for in these tariff rules. These elements are published by the managers of public distribution networks and communicated by their care to any person upon request.
Rates are expressed excluding all taxes.
2. Implementation of an existing connection point
This annexed benefit does not apply to the first commissioning of a connection point following the connection work.
2.1. Scope of delivery
The existing installation service delivery of a connection point includes only:
- the contractual connection of the connection point to the supplier's perimeter;
- on-site movement, when the power is suspended or the maximum power of limited welding, in order to:
- restore the power supply of the connection point or remove the limit of the maximum power to be removed from the connection point;
- visually verify the correct operation of the meter and circuit breaker;
- verify the presence of the seals of the installation;
- raise the meter index(s).
2.2. Time limits
The maximum delivery time of this annexed benefit is:
- in standard version, five working days;
- in express version, two working days.
2.3. Delivery rates
This benefit is charged:
20 in standard version;
45 in express version.
If an applicant subscribes an express service and the actual delivery time exceeds two working days, the annexed benefit is charged 20 .
3. Termination without removal of connection
3.1. Scope of delivery
The termination service of a connection point, without deletion of the connection, includes:
- the contractual exit of the connection point of the supplier's perimeter;
- if necessary, a displacement to:
- suspend the power supply from the connection point;
- and/or raise the meter index(s).
This benefit does not include the special statement made at the request of the supplier currently listed in the catalogue of the associated benefits of the public distribution network managers.
3.2. Time frame
The maximum delivery time of this annexed benefit is five working days.
3.3. Delivery rate
This annexed benefit is not subject to any billing, as its price is included in the existing installation service delivery rate referred to in paragraph 2.
4. Interventions for unpaid
4.1. Scope of delivery
Public distribution network managers provide suppliers with the following unpaid services:
- provision of suspension of the power supply of a connection point;
- provision of limitation to 3 kVA of the maximum power of removal of a connection point.
These additional benefits include the rotation of the counter index(s).
As an option for these benefits, public distribution network managers may propose:
- to condition the realization of these benefits to the presence of the user. In this context, public distribution network managers specify the provisions for the user's absence;
- if the user is present, ask him to produce a document certifying that he is entitled to the provisions set out in articles L. 115-3 and R. 261-1 of the social action code and families. In this context, managers of public distribution networks specify the provisions for the production or non-production of this document, or in the event of the user's absence;
- to collect the user's regulation and transfer it to the supplier, the supplier having previously indicated the amount to be recovered. If the user makes the regulation, the public distribution network manager does not perform the requested service and restores the user's feed when it has been previously suspended or limited. As part of this option, public distribution network managers specify the mode(s) they accept.
4.2. Time frame
The maximum delivery time for these additional benefits is 10 working days.
4.3. Delivery rate
For a given connection point, the first unpaid intervention is charged 38,00 . This amount also includes two unpaid interventions between the first intervention and the recovery referred to in point 5.
In addition to two unpaid interventions between the first intervention and the recovery referred to in point 5, each intervention is charged 38,00 .
The options referred to in item 4.1 are not subject to any additional billing.
5. Recovery of user feed
following an intervention for unpaid
5.1. Scope of delivery
The recovery of a connection point from an unpaid operation includes:
- the recovery of the power supply of the connection point and/or the deletion of the limit of the maximum power of the connection point;
- the rotation of the counter index(s).
5.2. Time frame
If the application for this annexed benefit occurs before 3 p.m., recovery is effected on the same day. Otherwise, the maximum delivery time of this annexed benefit is one working day.
5.3. Delivery rate
This annexed benefit is not subject to any billing, as its price is included in the rate of unpaid interventions referred to in item 4.
Done in Paris, May 15, 2007.
For the Energy Control Board:
The president,
P. de Ladoucette
Done in Paris, July 19, 2007.
Minister of State, Minister of Ecology,
sustainable development and development,
Jean-Louis Borloo
Minister of Economy,
finance and employment,
Christine Lagarde
