Key Benefits:
Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister responsible for Industry,
Given the general community code Territorial, in particular Article L. 2224-31;
In view of the amended Act No. 46-628 of 8 April 1946 on the nationalisation of electricity and gas, in particular Article 33;
In view of Law No. 2000-108 of 10 February 2000 on modernisation and The development of the public electricity service, as amended by Act No. 2003-8 of 3 January 2003 on the gas and electricity markets and the public energy service, in particular Articles 2, 5 and 41;
Given the Decree No. 2001-365 of the 26 April 2001 concerning the rate of use of public electricity transmission and distribution networks;
In view of the opinion of the Higher Council for Electricity and Gas dated 8 July 2003;
The Council of State (work section Public) heard,
overwrite:
The Electricity Equalization Fund is administered by a board.
This council sets out the terms and conditions under which public electricity grid operators apply to the fund. Information required to establish Equalization, pay a contribution or receive endowment.
The Board approves the annual Electricity Equalization Fund Management Account and the address to the Minister responsible for Energy.
The Council of the Electricity Equalization Fund is composed of twelve members.
It is chaired by an active or honorary State Councillor.
It also includes its chair:
1 ° Three State representatives:
-the Director General of Energy and Raw Materials or his representative;
-the Director General of the local authorities or his representative;
-the budget director or his representative.
2 ° Three representatives of Electricité de France appointed on the proposal of its President.
3 ° Three representatives of the non-nationalised distributors mentioned in Article 23 of the aforementioned Law of 8 April 1946, including a representative of the companies Cooperatives d' intérêt collectif agricole d' electricity.
4 ° Two representatives of the granting authorities of the public electricity distribution.
The President and the members of the board of the fund mentioned at 2 °, 3 ° and 4 ° above are Appointed for three years by order of the Minister responsible for energy. Their mandate is renewable. Where one of these members loses the quality in respect of which he has been appointed, or in the case of a vacancy before the expiry of the term of office, a new member shall be appointed for the remainder of the term of office.
The Director of Energy Demand and Markets or his representative attends the Electricity Equalization Fund Board as the Government Commissioner.
The Commissioner of the Government May apply to the Board for a second deliberation.
The Commissioner of the Government may include in the agenda any matter falling within the Board's jurisdiction. The review of this question cannot be denied.
The council of the Electricity Equalization Fund meets on convocation by its president, who is on the agenda.
The council sits well when half of its members are present. When that quorum is not reached, a new meeting shall be sent within eight days to the members of the Board, who shall then be validly elected, regardless of the number of members present
Present or represented. In the event of an equal sharing of votes, the voice of the President shall be paramount.
The secretariat of the Electricity Equalization Fund Board ensures the financial and accounting management of the fund and keeps the accounting for recovery and remitting operations.
Electricité de France provides the secretariat of the fund council and the maintenance of the specific account by tracing operations. The cost of managing the fund is charged to this specific account.
The Electricity Equalization Fund is subject to the control of the Court of Auditors.
Members of the Electricity Equalization Fund Board and the officers assigned to the Secretariat shall be kept in professional secrecy for the facts, acts and information of which they are aware of Reason for their functions.
Managers of electricity distribution networks address each year to the Electricity Equalization Fund, before the date set by the board of the fund, a declaration and the elements The
of the fund may request the communication of accounting documents to justify the declared amount of the revenue referred to in Article 10.
Equalization related to the operation of the networks, carried out pursuant to Article 5 (1) of Article 5 of the aforementioned Law of 10 February 2000, is valid, for each public distribution network manager Of electricity, on the difference between the evaluation of the operating revenues of the networks it invoiced in the previous year and the evaluation of the operating expenses of the networks it supported in the same year.
For each public distribution network manager, revenue revenue from the networks is constituted by the sum of the revenue resulting from the application of the utility rate of public networks Transport and distribution for kilowatt hours delivered to eligible customers and revenue corresponding to the share of the use of public transport and distribution networks in sales rates to non-eligible customers For the kilowatt hours that are delivered to them.
The result, after deduction of the payments made to the upstream network operators, is assigned a flat rate l to exclude from the calculation of the revenue of the managers of the Networks corresponding to the remuneration of investments.
To implement the equalization of expenses relating to the land use operations referred to in Article 5 (3) of Article 5 of the aforementioned Act of 10 February 2000, the Council of the Fund shall deliver an opinion on Files submitted to it by the managers of public distribution networks as well as the total amount of money likely to be allocated to this equalization.
In the light of these opinions, the Minister responsible for energy shall A list of the land use operations giving rise to equalization and the amount of the corresponding appropriations.
The total amount allocated to the equalization of land use expenses is allocated among all Public distribution system operators on a pro rata basis of their revenue as determined in accordance with the provisions of Article 10. Each manager contributes to Equalization as a result of the T-sum resulting from this allocation.
The value of the coefficient l, provided for in Article 10, and the numerical values of the coefficients of the formulae described in the annex to this Decree shall be defined each year by a joint decree of the Ministers Responsible for energy, the budget and the interior, after consulting the electricity equalization fund council.
The management costs of the electricity equalization fund are allocated to the public distribution system operators in proportion to their final balance, whether they are a beneficiary or Contributor.
Contributors payments are made only once before October 31 of each year. Unpaid contributions at maturity are in interest at the statutory rate.
Fund payments to recipients are made only once before December 31 of each year.
The Minister of the Interior, Internal Security and Local Freedoms, the Minister of Economy, Finance and Industry, the Minister Delegate to the Budget and to the Budgetary reform, the Minister responsible for industry and the Minister responsible for local freedoms shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
A N N E X E 1
The evaluation of the C charges supported by the public network manager Distribution of electricity referred to in Article 11 shall be carried out in accordance with the following formula:
C = a1 x L (BT Air) + a2 x L (underground BT) + a3 x L (HTA air) + a4 x L (underground HTA) + a5 x L (HTB and THT) + a6 x Nb (posts HTA/BT) + a7 X Nb (HTB/HTA positions) + a8 x Nb (THT/HTB positions) + a9 x Nb (subscriptions),
in which, the lengths being expressed in km:
L (BT Air) is the length of the low voltage overhead pipes;
L (underground BT) is the length Low-voltage underground pipes;
L (air HTA) is the length of high voltage mains A;
L (underground HTA) is the length of the high voltage underground piping A;
L (HTB and THT) is the Length of high voltage B and high voltage mains;
Nb (HTA/BT stations) is the number of low voltage A transformer stations;
Nb (HTB/HTA positions) is the number of high-voltage transformer stations Tension B at high voltage A;
Nb (THT/HTB entries) is the number of high voltage high voltage transformer stations B;
Nb (subscriptions) is the number of manager subscriptions.
A N N E X E 2
The balance S, contributor or beneficiary, of the equalisation of the operation by a manager of the public electricity distribution networks referred to in Article 12 shall be established in accordance with the following formulae :
1. Contributor Handler case:
S = (R-C), if (R-C) < R
S = R, if (R-C > R
2. Recipient manager case:
S = (C-R)
where:
R is the revenue amount set out in item 10;
C is the amount of the expenses defined in item 11 and the schedule 1.
Done at Paris, January 14, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister delegated to Industry,
Nicole Fontaine
The Minister of the Interior,
of Internal Security
and Local Freedoms,
Nicolas Sarkozy
The Minister of the Economy,
Finance and Industry,
Francis Mer
Associate Minister for Budget
and Budget Reform,
Alain Lambert
Associate Minister for Local Liberties,
Patrick Devedjian
