Advanced Search

Decision Of February 20, 2013, On The Dispute Between The Company Stp2R Owned By Electricité Réseau Distribution France (Erdf) Concerning The Conditions Of Connection Of A Photovoltaic Plant To The Public Network Of...

Original Language Title: Décision du 20 février 2013 sur le différend qui oppose la société STP2R à la société Electricité Réseau Distribution France (ERDF) relatif aux conditions de raccordement d'une installation de production photovoltaïque au réseau public de...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Text information




JORF n ° 0058 of March 9, 2013
text no 94




Decision of 20 February 2013 on the dispute between the company STP2R and the company Electricité Réseau Distribution France (ERDF) relating to connection conditions d ' installation of photovoltaic production to the public network of Distribution d 'electricity

NOR: CREE1305995S ELI: Not available


The Dispute Resolution and Sanctions Committee,
Viewed by the Dispute, registered on 5 April 2011, under number 178-38-11, presented by the company STP2R, a company with limited liability, registered in the register of commerce and companies of Bourg-en-Bresse, whose head office is located 51, rue de Vaccares, 01800 Meximieux, represented by its current manager, Mr. Carlos ANTUNES, having as counsel Vincent LACROIX, SELARL Itinéraires Droit Public, 9, quai André-Lassagne, 69001 Lyon.
STP2R referred the matter to the Committee for the Settlement of Dispute and sanctions of the Energy Regulatory Commission of the dispute that Against Electricité Réseau Distribution France (hereinafter referred to as ' ERDF "), on the conditions of connection to the public electricity distribution network of a project of photovoltaic power station.
It is apparent from the documents in the file that the company STP2R is developing a project for photovoltaic installation in the roof of a Building, of a power of 46 kVA, in the territory of the commune of Meximieux (Ain). The company ERDF is the manager of the public electricity distribution network on the territory of this municipality.
On 30 June 2010, the company STP2R sent a request for connection to the company ERDF for its project of plant Photovoltaic.
On July 1, 2010, the Company acknowledged receipt of the connection request and indicated to the company STP2R that it had found that its file was incomplete. The company therefore requested STP2R to complete its file.
On July 16, 2010, the company received from the company STP2R the elements allowing it to complete its connection request.
On July 19, 2010, the company Company informed the company STP2R that its file was considered complete as of July 16, 2010.
By a letter dated November 29, 2010, the company STP2R asked the company to forward the connection offer to it
On December 14, 2010, STP2R reiterated its request for transmission A technical and financial proposal to the company ERDF.
On 3 February 2011, the company STP2R challenged with the company ERDF, the application to its draft provisions of the decree n ° 2010-1510 of December 9, 2010 and has requested the issuance of a technical and financial proposal in the conditions prior to the entry into force of this decree.
In response, by mail dated March 9, 2011, the company rejected the company's request for STP2R.
Conditions of connection to the public distribution system of the production facility were not satisfactory, the company STP2R referred to the dispute settlement committee and the sanctions of a request for the resolution of the dispute In the company ERDF.


*
* *


In its observations, the company STP2R argues that the company failed to meet the three-month time limit for establishing and transmitting a Technical and financial proposal, it was not able to benefit from any offer of
It adds that, because of the failure of the company to comply with its procedure for processing connection requests, the company was able to oppose the provisions of decree n ° 2010-1510 of December 9, 2010 and implicitly impose a new connection request for its photovoltaic installation project.
Company STP2R is of the opinion that it is based on the failure of the company to fulfil obligations, since, in accordance with the Href=" /viewTexteArticle.do?cidTexte=JORFTEXT000000750321&idArticle=LEGIARTI000006628124&dateTexte=20000211 &categorieLink = cid"> provisions of Section 2 of Law No. 2000-108 of February 10, 2000 and the CRE deliberation of June 11, 2009 Maximum time limit in which the technical and financial proposal must be transmitted to the applicant may not exceed three months from the receipt of the complete application for connection.
It adds that the procedure for processing applications for Connection of the so-called "company called" The STP2R-PRO-RAC_14E, version 1.0 " provides binding time limits for the various formal steps in the procedure.
STP2R considers that the lack of awareness of this procedure warrants that the CoRDiS should direct the Network to communicate to the applicant a technical and financial proposal in the circumstances and within a reasonable period of time in light of the circumstances of the case, as decided in the Ventura dispute, on 28 June 2007
Considers, moreover, that the Committee is competent to sanction the Failure of a network manager to handle connection requests.
STP2R accordingly requests the Dispute Resolution and Sanctions Committee of the Energy Regulatory Commission :
A principal title:
-the failure of the company to comply with the three-month time limit for the establishment and transmission of the technical and financial proposal requested;
In the alternative:
-note the unenforceability of Decree n ° 2010-1510 of 9 December 2010 to the company STP2R as part of the current electrical connection procedure;
And Therefore, in all cases:
-to say that the company ERDF is not entitled to rely on the alleged " Caducité " The initial application for a connection deemed complete as of 16 July 2010;
-to order the company to establish and transmit the technical and financial proposal requested as of 16 July 2010;
-to say that the Technical and financial proposal shall be deemed to have occurred in accordance with the rules for the processing of applications for connection, that is, on 16 October 2010;
-that STP2R will be deemed to have notified its acceptance of the The technical and financial proposal dated 30 November 2010, subject to it To submit to the company the relevant deposit within the maximum period of 15 days from the notification of the decision to be taken;
-to say that the 18-month period for the commissioning of the facility as provided for by the Article 4 of the Decree of 9 December 2010 will be compute only from the date of notification of the decision to be made.


*
* *


In view of the decision of 29 April 2011 by which the Committee of Dispute settlement and sanctions have suspended the processing of the application until The intervention of the Council of State decision on requests for annulment of the Decree n ° 2010-1510 of 9 December 2010.


*
* *


Given the Director General's letter of August 30, 2012, that the company is asked to submit its comments.


*
* *


Because of the defence cases, Registered on September 20, 2012, presented by the company Electricité Réseau Distribution France (ERDF), an anonymous company, registered in the register of commerce and companies of Nanterre under number B 444 608 442, whose head office is located 102, terrace Boieldieu, 92085 Paris La Défense Cedex, represented by sa President of the Executive Board, Mrs Michèle BELLON, having for lawyer Me Romain GRANJON, cabinet Adamas, 55, boulevard des Brotteaux, 69006 Lyon.
Company considers that the company STP2R has not returned its acceptance of the technical proposal And financial before 2 December 2010, the project is subject to the provisions of Article 1 of the decree of 9 December 2010.
It therefore considers that the company STP2R cannot require the Committee to declare it unenforceable the provisions of the Decree of 9 December 2010.
As a result, the company asks the committee Dispute resolution and sanctions to reject the entirety of the claims of the company STP2R.


*
* *


Seen the reply comments, recorded on October 15, 2012, presented by the STP2R.
STP2R considers that the failure to comply with the Is unquestionably a fault of the company ERDF and, for the least, a failure, since it has had the effect of deprivit it of having its case heard and culminate before the publication of the Decree of 9 December
. Adds that this fault is constituted by a lack of knowledge by the company of its procedure for the processing of connection requests in that the connection offer was not established and addressed within the three-month
. STP2R therefore requests the Dispute Resolution and Sanctions Committee of the Commission for the regulation of energy:
A principal title:
-to observe the wrongful failure of the company, in that it failed to respect the three-month deadline for the establishment and transmission of the technical proposal and Financial requested;
In the alternative:
-note the unenforceability of Decree n ° 2010-1510 of 9 December 2010 to the company STP2R as part of the current electrical connection procedure;
And Therefore, in all cases:
-to say that the company ERDF is not entitled to rely on the alleged " Caducité " The initial application for a connection deemed complete as of 16 July 2010;
-to order the company to establish and transmit the technical and financial proposal requested as of 16 July 2010;
-to say that the Technical and financial proposal shall be deemed to have occurred in accordance with the rules for the processing of applications for connection, that is, on 16 October 2010;
-that STP2R will be deemed to have notified its acceptance of the The technical and financial proposal dated 30 November 2010, subject to it To submit to the company the relevant deposit within the maximum period of 15 days from the notification of the decision to be taken;
-to say that the 18-month period for the commissioning of the facility as provided for by the Article 4 of the Decree of 9 December 2010 will be compute only from the date of notification of the decision to be made.


*
* *


Due to the comments in rejoinder, registered on 19 November 2012, presented by the company ERDF.
Company argues that it does not belong to the CoRDiS to make findings of non-compliance where no decision is made. It considers that the request for the finding of a wrongful failure is inadmissible in so far as it requires the CoRDiS to interfere in the dispute of liability by the characterisation of the alleged
. Considers that the Paris Court of Appeal in two decisions of 4 October 2012 clearly affirmed the enforceability of the decree of 9 December 2010 to producers who did not return before 2 December 2010 their acceptance of the technical proposal and Financial, even if the network manager failed to meet the deadline
The company maintains its previous comments and asks the committee to reject all requests from the company STP2R.


*
* *


Seen the others Parts of the file;
In view of the energy code, in particular Articles L. 134-19 et seq.;
Seen the Decree No. 2000-894 of 11 September 2000 , as amended Procedures applicable to the Energy Regulatory Commission;
In light of the Decree n ° 2008-386 of 23 April 2008 on general design and operating requirements for the connection of installations of Production of electricity networks;
In view of the decision of 20 February 2009 on the rules of procedure of the Dispute Settlement Committee and the sanctions of the Commission for the regulation of energy;
Given the decision of 6 April 2011 The Chairman of the Dispute Resolution Committee and Sanctions of the Energy Regulatory Commission, relating to the appointment of a rapporteur and an assistant rapporteur for the investigation of the dispute settlement application registered under number 178-38-11;
The parties having been Regularly convened at the public meeting, held on 20 February 2013, of the Dispute and Sanctions Committee, composed of Pierre-François RACINE, Chairman, Mrs Sylvie MANDEL, Mr Roland PEYLET and Mr Christian PERS, members, In presence of:
Mr Olivier BEATRIX, Director General and Representative of the Director General prevented;
Mr Thibaut DELAROCQUE, Rapporteur, and Mr Didier LAFFAILLE, Deputy Rapporteur;
Representatives of the company STP2R, assisted by Vincent LACROIX ;
Representatives of the company ERDF, assisted by Me Gaëlle COGNET.
After hearing:
-the report by Mr Thibaut DELAROCQUE, presenting the means and conclusions of the parties;
-the observations of Me Jean-Baptiste OLLIER for the company STP2R which persists in its pleas and conclusions;
-the observations of Me Gaëlle COGNET for the company which persists in its means and conclusions; it adds that the installation of the company STP2R is now connected and put into service; it maintains that the committee could not, without distorting the conclusions of the Request for the finding of a wrongful failure to observe a mere fact Lack of knowledge by the company ERDF of its own procedure;
-the observations of Me Jean-Baptiste OLLIER for the company STP2R which points out that its initial findings also tend to the effect that the Committee finds a mere ignorance of the Processing of connection requests;
No carry-forward has been requested;
The Dispute Resolution and Sanctions Committee deliberated on February 20, 2013, after the parties, the rapporteur, the Deputy rapporteur, the public and service agents withdrew.


*
* *



On the understanding of the company's contractual obligations and And its reference technical documentation:
STP2R asks the Dispute Resolution Committee and the sanctions committee to find that the company has misunderstood its own reference technical documentation.
The procedure for handling individual connection requests in BT Of power greater than 36 kVA and in HTA to the public distribution network managed by ERDF, which forms part of the reference technical documentation of the company ERDF, provides in its version applicable to the species and in Article 8.2.1 that to " From the date of qualification of the connection request, the period of transmission to the applicant of the bridging offer shall not exceed the time limit set out in the connection schedule for the type of installation concerned. This period shall not exceed three months irrespective of the field of tension of connection. '
It is apparent from the documents in the file that the application for connection was qualified as complete by the company ERDF on 16 July 2010 and that no proposal Has not been notified, within the period of three months, by the company ERDF to the company STP2R, which constitutes a lack of knowledge by the company of its technical reference documentation which provides for its transmission within a time limit which " Shall not exceed three months'.
The company STP2R is therefore entitled to rely on the company's failure to comply with its obligations and its technical reference documentation, even if this obligation is not an obligation of Result.
Decree n ° 2012-38 of 10 January 2012, if it provides for compensation in the event of exceeding the deadlines for sending the connection agreement, does not deprive the Dispute resolution committee and the sanctions of its power to recognize a Possible lack of knowledge of the processing procedure.
The company STP2R is entitled to rely on the company's lack of knowledge of its technical reference documentation.
However, it is only for the contract judge to assess whether This lack of knowledge constitutes a breach of its contractual obligations.
On the application of the Decree of 9 December 2010:
STP2R asks the Dispute Resolution Committee and the sanctions committee to direct EDF to establish and transmit the technical and financial proposal requested as of July 16, 2010, and to say that it will be deemed to have Notified its acceptance of the technical and financial proposal as of 30 November 2010.
The decree of 9 December 2010 referred to above requires the producer who has not been able to submit a proposal to the network manager before 2 December 2010 Signed, to renew its connection request to The expiration of the three-month period during which all requests for an obligation to purchase contract are suspended.
In the absence of any submission by the company, the company STP2R has not been able to return a technical proposal Signed before December 2, 2010.
Regardless of the cause of this situation, the Dispute Resolution and Sanctions Committee is not entitled to order the company to issue, to date, the company STP2R Technical and financial proposal before the entry into force of the Decree of 9 December 2010, then in surplus that it appears from the oral observations that the installation is already connected and put into service.
As a result, the applications of the company STP2R relating to the establishment and transmission of a Technical and financial proposal to the conditions prevailing before the entry into force of the decree of 9 December 2010 can only be rejected.


*
* *


Decides:

Item 1


Electricité Réseau Distribution France has not experienced its processing of connection requests.

Article 2


The surplus of requests from the STP2R company is rejected.

Article 3


This decision will be Notified to the company STP2R and the company Electricité Réseau Distribution France. It will be published in the Official Journal of the French Republic.


Done at Paris, February 20, 2013.


For the

Dispute and Sanctions Committee :

The President,

P.-F.
Root


Downloading the document in RTF (weight < 1MB) Excerpt from the authenticated Official Journal (format: pdf, weight: 0.22 MB)