Rs 734.713.3 Ordinance Of The Detec Of 3 December 2008 On The Derogations Concerning Access To The Network And The Network Costs Attributable To The Level Of The Cross-Border Transport Network (Odac)

Original Language Title: RS 734.713.3 Ordonnance du DETEC du 3 décembre 2008 sur les dérogations concernant l’accès au réseau et les coûts de réseau imputables au niveau du réseau de transport transfrontalier (Odac)

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734.713.3 order of the DETEC on derogations concerning access to the network and the network costs attributable to the network level of transborder (Odac) of December 3, 2008 (status December 15, 2008) the federal Department of the environment, transport, energy and communication, view of the art. 21, al. 1, the order of March 14, 2008 on the supply of electricity (Stromvv), stop: art. 1 scope and field of application this fixed order: a. the conditions under which a derogation from the rules for access to the network attached to the art. 13, al. 1, of the Act of 23 March 2007 on the electricity (StromVG), and supply network attributable costs calculation rules to the art. 15, al. 1, electricity supply Act may be granted; (b) the content of the emergency regulations.

It applies to cross-border electricity transmission lines and related facilities put into service after 1 January 2005 (links).
It also applies when a substantial increase in capacity is performed after January 1, 2005 over a link put into service before that date.

RS 734.7 art. 2 derogation concerning access to the network of the Federal Commission of electricity (ElCom) can release entirely or partially the operator of a link to current continuous (operator) from the obligation to grant access to the network: a. when the binding increases the carrying capacity and that it does not endanger the security of the network; b. when the link has economic utility and that it has a positive impact , term, competition in the electricity market; c. when it appears that the national company of the transport network will not achieve the link as part of its normal activity; d. when the connection can become an integral part of the general network of Swiss transport referred to in art. 18, al. 1, electricity supply act after expiry of the period of application of the emergency regulations; e. when the increase in receipts from cross-border use of the network of transport according to the art. 14, al. 2, Stromvv due to the binding is greater than the cost shortfall, etf. When the binding is legally separated from other areas of activity.

The auction of unused capacity referred to in art. 11 is reserved.
The transport capacity is determined according to the method of calculation that is recognized on the international level at that time.

RS 734.7 art. 3 derogation concerning the calculation of the network costs for the duration of the derogation, the national society of the transport network cannot assert of costs according to art. 15 electricity supply Act for binding covered by the exemption.

RS 734.7 art. 4 dossier in support of the application documents presented in support of the request must contain all information necessary for the assessment of the case, in particular: a. certification that the conditions outlined in art. 2, al. 1, are met; (b) a notice of the national society of the transportation system attesting that the conditions outlined in art. 2, al. 1, let. a, c, d and e, are met; c. a proposal for a derogation under art. 6, al. 1 art. 5 obligation to position the national society of the transportation network is required to provide the notice referred to in art. 4, let. b. she can collect an indemnity to cover the costs from the applicant for this purpose.

Art. 6 content of fixed ElCom in particular emergency regulations: a. the duration of the emergency regulations, b. the capacity covered by the derogation, (c) the method of calculation of the value of the binding at the time of its takeover by the national society of the transport network, at the expiration of the period of application of the emergency regulations; d. the form of compensation under art. 12, al. 1. it ensures that the risk of the investment and its profitability lie in a reasonable report.
If the content of the emergency regulations translates into differences compared to the provisions valid abroad, national transport network society takes into account the effects that result, particularly in the distribution of the proceeds of the auction in accordance with the agreements with foreign network operators.

Art. 7 capacity covered by the exemption the capacity covered by the exemption corresponds to the increase of the capacity of transport due to the binding.
It consists of a guaranteed share and one unsecured.
Guaranteed share represents at least half the capacity covered by the exemption.
The unsecured part is due to the applicant if operating conditions permit.
If an operator ensure minimum availability agreed between him and the national society of the transport network, it has the capacity covered by the exemption even when the link is not in service.

Art. 8 allocation in the context of the cross-border use of the network for the capacity covered by the exemption, the operator has no right to revenues from the cross-border use of the transport network referred to in art. 14, al. 2, Stromvv.
If the condition laid down in art. 2, al. 1, let. e, is no longer met, ElCom may charge to the operator the difference between shortfall and increased revenue. This amount is allocated to cover the costs of the transport network (art. 14, para. 2, Stromvv).

Art. 9 operation of the network and system services to ensure the safe operation of the network, the national society of the transport network and the operator agree on the procedure to follow to reduce capacity.
They also agree on compensation for the provision of system services and technical requirements and minimum operating posed to the operation of the network.
The procedure that ElCom can be set under art. 17, al. 1, electricity supply Act is reserved.

RS 734.7 art. 10 procedure for the management of balance sheet adjustment operator constitutes a balance group or joined an existing balance group, for the use of the capacity covered by the exemption he announced on a daily basis the capacity used in the national company of the transport network.

Art. 11 unused capacity national society of transport network may be auctioned unused capacity. The proceeds of the auction is transferred to the operator, after deduction of administrative costs.

Art. 12 expiration of the duration of the emergency regulations at the end of the period of application of the emergency regulations, the operator transfers the liaison to the national society of the transport network. He gets in return for shares of this company, other rights or financial compensation.
If operator not to comply with this obligation, the procedure laid down in art. 33, al. 5, electricity supply Act applies by analogy.

RS 734.7 art. 13 transitional provisions the ElCom can relax the conditions laid down in art. 2, 4, 5 and 7 for links, for links to current alternative, if, at the time of the entry into force of this order: a. approval of plans has been granted, b. the corridor has already been set by the federal Council.

Art. 14 entry into force this order comes into force on December 15, 2008.

RO 2008 5803 RS 734.71 State on December 15, 2008

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