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RS 734.7 Electricity Supply Act of 23 March 2007 (LApEl)

Original Language Title: RS 734.7 Loi du 23 mars 2007 sur l’approvisionnement en électricité (LApEl)

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734.7

Electricity Supply Act

(LApEl)

23 March 2007 (State 1 Er June 2015)

The Swiss Federal Assembly,

Having regard to art. 89, 91, para. 1, 96 and 97, para. 1, of the Constitution 1 , having regard to the Federal Council message of 3 December 2004 2 ,

Stops:

Chapter 1 General provisions

Art. 1 Goals

1 The purpose of this Act is to create the conditions for a secure electricity supply and a competitive electricity market.

2 It also lays down the general conditions for:

A.
Ensure a reliable and sustainable supply of electricity in all parts of the country;
B.
To maintain and enhance the international competitiveness of the Swiss electricity sector.
Art. 2 Scope of application

1 This Law shall apply to electricity grids powered by alternating current of 50 Hz.

2 The Federal Council may extend the scope of this Act or certain provisions to other electrical networks, to the extent necessary to achieve the objectives of this Act.

Art. 3 Cooperation and subsidiarity

1 The Confederation and, within the limits of their powers, the cantons shall associate the organisations concerned, in particular economic organisations, with the implementation of this Law.

2 Before implementing implementing provisions, they shall examine the voluntary measures taken by these organizations. To the extent that this is possible and necessary, they totally or partially reproduce the agreements concluded by these organisations in the implementing provisions.

Art. 3 A 1 Cantonal and communal conveyances

The cantons and municipalities may grant concessions in connection with the transport network and the distribution network, in particular the right to use the public domain without a call for tenders. They guarantee a transparent and non-discriminatory procedure.


1 Introduced by ch. I 2 of the LF of 23 Dec. 2011, effective from 1 Er Jul. 2012 ( RO 2012 3229 ; FF 2011 2711 3659).

Art. 4 Definitions

1 For the purposes of this Law:

A.
Electrical network: The set of installations consisting of a large number of lines and ancillary equipment necessary for the transport and distribution of electricity; are not considered as networks the facilities of little scope intended for the Fine distribution such as those found on industrial perimeters or in buildings;
B.
Final consumer: The customer buying electricity for their own needs; this definition does not include electricity supplied to power stations for their own needs, nor is it intended to operate the pumps at the pumping stations.
C.
Renewable energies: Hydraulic energy, solar energy, geothermal energy, ambient heat, wind energy and energy from biomass and biomass waste;
D.
Network access: The right to use the network in order to acquire electricity from a supplier of its choice or to inject electricity;
E.
Adjustment energy: Electricity whose contribution is automatic or controlled from power stations and which is intended to maintain electricity exchanges at the planned level and to ensure the smooth operation of the network;
E Bis . 1
Stocktaking group: The grouping of legal nature of players in the electricity market to establish vis-à-vis the national transport network a unit of measurement and counting within the framework of the Swiss adjustment zone;
E Ter . 2
Adjustment energy: The charged electrical energy used to compensate for the difference between the actual consumption or supply of a balance-sheet group and its planned consumption or supply;
F.
Adjustment area: The sector of the network whose setting is the responsibility of the national transport network company; this sector is physically delimited by measurement points;
G.
System-services: The services necessary for the safe operation of the networks, including the coordination of the system, the management of the adjustment balance sheets, the primary adjustment, the self-starter ability and the Producers, maintenance of tension (part of reactive energy included), measures for the exploitation and compensation of transport losses;
H.
Transportation network: The electricity grid used for the transport of electricity over great distances within the country and for interconnection with foreign networks; it is generally operated at 220/380 kV;
I.
Distribution network: The high, medium or low voltage electricity grid used for the supply of final consumers or electricity supply undertakings.

2 The Federal Council may specify the definitions given in para. 1 as well as other concepts used in this Law and adapt them to the new technical conditions.


1 Introduced by c. I of the 12 Dec LF. 2014, in force since 1 Er June 2015 ( RO 2015 1309 ; FF 2014 3833 3843).
2 Introduced by c. I of the 12 Dec LF. 2014, in force since 1 Er June 2015 ( RO 2015 1309 ; FF 2014 3833 3843).

Chapter 2 Security and security of supply

Section 1 Basic procurement guarantee

Art. 5 Service Areas and Connection Warranty

1 The cantons designate the service areas of the network operators operating within their territory. The allocation of a service area must be transparent and non-discriminatory; it may be linked to a service contract for the network manager. 1

2 In their area of service, network operators are required to connect to the electricity grid all the final consumers in the area to be built, the land and the groups of dwellings inhabited in the year outside this zone And all electricity producers.

3 The cantons may require network operators operating within their territory to also connect final consumers located outside their service area.

4 The cantons may lay down provisions governing the connection outside the area to be built and the conditions and costs of such connection.

5 The Federal Council shall lay down transparent and non-discriminatory rules for the allocation of a given level of tension to the final consumers. It may lay down corresponding rules for electricity producers and network operators. In the event of a change of connections, it may force final consumers and network operators to assume their share of the capital costs of installations which are only partially or even more used, and to compensate, For a fixed term, the decrease in remuneration paid for the use of the network.


1 New content according to the c. I 2 of the LF of 23 Dec. 2011, effective from 1 Er July 2012 ( RO 2012 3229 ; FF 2011 2711 3659).

Art. 6 Obligation to supply and pricing for captive consumers

1 Managers of a distribution network shall take the necessary measures to be able to provide, at all times, to captive consumers and other end consumers of their service area which do not use their right of access to the network Quantity of electricity they desire at the required quality level and at fair rates.

2 Households and other end consumers who consume less than 100 MWh per consumption site annually are considered to be captive consumers within the meaning of this Article.

3 The operators of a distribution network shall set in their service area a uniform tariff for captive consumers connected to the same level of tension and with the same consumption characteristics. The tariffs shall be valid for at least one year and shall be the subject of a publication presenting separately the use of the network, the supply of energy, the royalties and the services provided to public authorities

4 The component of the tariff corresponding to the use of the network shall be calculated in accordance with Art. 14 and 15. For the energy supply component, the network manager shall maintain an accounting by charge unit.

5 The managers of a distribution network are obliged to pass on the benefits of free access to the network to the captive consumers.

6 Captive consumers do not have access to the art network. 13, para. 1.

Art. 7 1

1 Not yet in force.

Section 2 Security of supply

Art. 8 Network Manager Tasks

1 Network managers coordinate their activities. In particular, they must:

A.
To provide a safe, efficient and effective network;
B.
Organise the use of the network and ensure its adjustment, taking into account interconnection with other networks;
C.
Ensure a sufficient network capacity reserve;
D.
Develop the technical requirements and minimum operating requirements for the operation of the network; they take into account the international standards and recommendations of recognised specialised organisations in this respect.

2 Network managers establish multi-year plans to ensure network security, performance and efficiency.

3 Network managers shall annually inform the Electricity Commission (ElCom) of the operation and load of the networks as well as of extraordinary events.

4 The Federal Council may provide relief for smaller distribution system operators with respect to obligations under paras. 2 and 3.

5 The Federal Council may provide for sanctions, including alternative measures, in the event of non-compliance.

Art. Measures in the event of a threat to supply

1 If the security of the country's supply of electricity at an affordable price is seriously compromised in the medium to long term despite the arrangements made by the electricity sector, the Federal Council may take Measures in collaboration with the cantons and organisations of the economy to:

A.
Increase the efficiency of the use of electricity;
B.
Acquire electricity, including through long-term purchase contracts and production capacity development;
C.
Strengthen and develop electrical networks.

2 The Federal Council may submit, in accordance with the rules of competition, the increase in the efficiency of the use of electricity and the acquisition of electricity. It sets out in the tender the criteria to be met by the project in terms of security of supply and profitability.

3 For the acquisition of electricity and the development of production capacity, renewable energies have priority.

4 If the tenders referred to in para. 2 leads to additional costs, the national transportation system compensates them by a surcharge on the transportation costs of high-voltage grids. Compensation must be limited in time.

5 If a profit is made, any compensation for additional costs must be repaid in whole or in part to the national transport network company. Adequate compensation for the capital invested must be guaranteed. The national company shall affect such reimbursements:

A.
Reducing the transportation costs of high-voltage grids;
B.
The strengthening or development of high voltage networks.

Chapter 3 Networking

Section 1 Segregation of activities, accounting and information

Art. 10 Separation of activities

1 Electricity supply undertakings must ensure the independence of the operation of the network. Cross subsidies between the operation of the network and other sectors of activity are prohibited.

2 Subject to the obligations to provide information under the law, sensitive economic information obtained in connection with the operation of electricity grids shall be treated confidentially and not used in others Industries by electricity supply companies.

3 Electricity supply companies must at least segregate the distribution network sectors from other business lines on an accounting basis.

Art. 11 Annual accounts and cost accounting

1 The managers and owners of the distribution networks and transmission networks shall establish, for each network of annual accounts and an analytical accounting, separate from those of other sectors of activity. The cost accounting shall be submitted to the ElCom each year.

2 The Federal Council may set minimum requirements in order to standardize the establishment of accounts and analytical accounting.

Art. 12 Information and billing

1 The network operators shall make readily available the information necessary for the use of the network and publish the corresponding rates, the annual amount of remuneration for the use of the network, the electricity tariffs, the Technical requirements and minimum operating requirements and annual accounts.

2 Network managers establish transparent and comparable invoices for network use. The charges and benefits provided to public authorities and the surcharges on high voltage transmission costs are mentioned separately. The provision of electricity to final consumers should be mentioned separately on the invoice.

3 In the event of a provider change within the contract termination period, network operators cannot charge for transfer costs.

Section 2 Network access and remuneration for network use

Art. 13 Network Access

1 Network managers are required to ensure access to the network in a non-discriminatory manner.

2 Access to the network may be refused, written reasons for support, within 10 working days of filing the application if the network manager demonstrates:

A.
The safe operation of the transportation system would be compromised;
B.
There is no available capacity;
C.
The foreign State does not respect the reciprocity clause in the case of cross-border use of the network, or
D.
There is an exception within the meaning of s. 17, para. 6.

3 When allocating network capacity, priority is given to other types of electricity supply, in the following order:

A.
The supply to the end consumers referred to in s. 6, para. 1;
B. 1
...
C.
The supply of electricity from renewable energy sources, including hydropower.

1 Not yet in force.

Art. 14 Compensation for network usage

1 The remuneration for the use of the network shall not exceed the sum of the costs chargeable and the charges and benefits provided to public authorities.

2 Compensation for the use of the network shall be paid by final consumers by point of collection.

3 Network rates of use should:

A.
Present simple structures and reflect the costs incurred by end consumers;
B.
Be fixed independently of the distance between the injection site and the sampling point;
C.
Be consistent by voltage level and category of clients for the same manager's network;
D. 1
...
E.
Consider an efficient use of electricity;

3bis Compensation for network usage cannot include costs billed individually by network operators. 2

4 The cantons shall take measures to reduce the disproportionate differences between the rates of use of the network in their territory. If these measures are not enough, the Federal Council takes others. In particular, it may provide for the establishment of a compensation fund to which all network operators are obliged to participate. The efficiency of the operation of the network must not be compromised. If network operators merge, a five-year transitional period is provided to adjust the rates.

5 Benefits resulting from existing hydraulic concessions, including the provision of energy, are not affected by the compensation provisions for the use of the network.


1 Repealed by c. I of the 12 Dec LF. 2014, with effect from 1 Er June 2015 ( RO 2015 1309 ; FF 2014 3833 3843).
2 Introduced by ch. I of the 12 Dec LF. 2014, in force since 1 Er June 2015 ( RO 2015 1309 ; FF 2014 3833 3843).

Art. 15 Chargable Network Costs

1 Charging network costs include operating costs and capital costs of a safe, efficient and effective network. They include an appropriate operating profit.

2 Operating costs are the costs of benefits directly related to the operation of the networks. Costs include the costs of system services and network maintenance.

3 Capital costs must be determined on the basis of the initial purchase or construction costs of the existing facilities. The following are only chargeable as capital costs:

A.
Accounting depreciation;
B.
Interest calculated on the heritage values necessary for the operation of the networks.

4 The Federal Council fixes:

A.
Bases for calculating operating and capital costs;
B.
The principles governing the impact of costs and charges and benefits provided to public authorities in a uniform manner and in accordance with the principle of the origin of costs, taking into account the injection of electricity to Lower voltage levels.
Art. 15 A 1 Individually billed costs for adjustment energy

1 The national transport network company charges individually to the balance sheet the costs of the adjustment energy.

2 It sets the price of the adjustment energy in order to promote the effective commitment of adjustment energy and adjustment power across the country and to prevent abuse. The prices of the adjustment energy are defined according to the cost of the adjustment energy.

3 If the sale of adjustment energy results in a profit, the amount in question shall be taken into account in the calculation of the costs of the system services.


1 Introduced by ch. I of the 12 Dec LF. 2014, in force since 1 Er June 2015 ( RO 2015 1309 ; FF 2014 3833 3843).

Art. 16 Network utilization costs for the cross-border supply of electricity

1 Compensation for the use of the transport network in cross-border trade is based on the costs of actual use. The latter are calculated separately and cannot be attributed to Swiss end consumers.

2 The calculation of capital costs is based on the long-term average costs of the required network capacity (long run average incremental costs, LRAIC). Amortization is calculated on a straight-line basis over a lifetime defined specifically for each component of the facility. The heritage values necessary for the operation are subject to an appropriate rate of interest.

3 The Federal Council may fix the duration of depreciation and an appropriate interest rate and designate the heritage values necessary for the operation.

Art. 17 Access to the network in the event of congestion at the level of the cross-border transport network

1 If the demand for cross-border transport exceeds the availability of the network, the national transport network company may allocate the available capacity in accordance with market-based procedures, such as auctioning. The ElCom may settle the proceedings.

2 In the allocation of capacity at the level of the cross-border transport network, deliveries based on international purchasing and supply contracts concluded before 31 October 2002 as well as deliveries within the meaning of Art. 13, para. 3, have priority.

3 The use of an assigned capacity may be restricted only if the safety of the transmission system is compromised and the national transportation network corporation is not able to use any other reasonably payable and economically feasible measure Tolerable to balance the load of the network.

4 A allocated capacity that is not used must be re-allocated in accordance with a market-based procedure.

5 Revenue from contract award procedures should be used to:

A.
Cover the costs of cross-border supply of electricity which cannot be directly attributed to a specific consumer, in particular the costs of maintaining the availability of the allocated capacity;
B.
Cover the expenditure necessary for the maintenance or extension of the transport network;
C.
Cover the costs attributable to the transportation network within the meaning of s. 15.

6 The Federal Council may provide for exceptions with regard to access to the network (Art. 13) and the calculation of attributable network costs (Art. 15) at the level of the cross-border transport network for capabilities put into service after 1 Er January 2005.

Section 3 Swiss transport network

Art. 18 Société nationale du réseau de transport

1 The transport network at the Swiss level is operated by a national transport network company; it is in the form of an anonymous company governed by private law having its seat in Switzerland.

2 The national company must own the network it operates.

3 The national company shall ensure that its capital and the resulting voting rights are held in majority, directly or indirectly, by the cantons and municipalities.

4 The cantons, municipalities and electricity supply undertakings with a majority in Switzerland have a right of pre-emption on the actions of the national society. The statutes of the latter regulate the terms and conditions.

5 The shares of the national company cannot be listed on the stock exchange.

6 The national company shall not engage in activities in the production, distribution or trade sectors of electricity nor hold interests in companies engaged in such activities. The acquisition and supply of electricity for the purposes of operation, in particular for system services, is allowed.

7 The majority of the members and the chairman of the board of directors and the members of the management may not belong to bodies of legal entities operating in the electricity production or trade sector, nor shall they be under Service contract with such legal persons.

8 The statutes grant the cantons the right to delegate two representatives to the board of directors. In this respect, the cantons shall ensure a balanced representation of the regions.

9 Representation of the different regions of production and consumption must be ensured within the bodies.

Art. 19 Statutes of the national transport network company

1 The statutes of the national transport network company and their amendments are subject to the approval of the Federal Council.

2 In particular, the Federal Council verifies that the statutes and their amendments guarantee:

A.
The security of Swiss supply in all regions;
B.
Independence of the national society;
C.
Non-discriminatory exploitation of the network.
Art. Tasks of the national transport network society

1 In order to ensure the supply of electricity to Switzerland, the national transport network company continuously ensures that the operation of the network is non-discriminatory, reliable and efficient. It sets the cross-border transport capacity in coordination with the network operators in the neighbouring countries.

2 In particular, the national society has the following tasks:

A.
It operates and monitors the whole of the Swiss transport network and manages it as a single adjustment zone; it is responsible for the planning and control of the whole transport network;
B.
It takes responsibility for the management of the adjustment balance sheets and provides the services-system, including the provision of adjustment energies; the acquisition of the required capacities must be organised according to transparent procedures and not Discriminatory
C.
If the stability of the operation of the network is threatened, it shall order the necessary measures; it shall rule in cooperation with plant operators, network operators and other parties concerned;
D.
Developing transparent and non-discriminatory procedures to address network congestion;
E.
It works with foreign transport network operators and represents the interests of Switzerland in the relevant bodies.

3 The Federal Council may oblige the transmission system operator to make priority use of electricity from renewable energies, in particular hydraulic power, to cover the need for adjustment energy.

4 Where the performance of its tasks so requires, the national company may propose to the ElCom to expropriate an owner. The Rules of Procedure of the Federal Law of 20 June 1930 on Expropriation 1 Are not applicable.


1 RS 711

Chapter 4 Electricity Commission

Art. Organization

1 The Federal Council shall establish an Electricity Commission (ElCom) consisting of five to seven members; it shall appoint the Chairman and the Vice-Chairman. Members shall be independent experts. They may not belong to bodies of legal persons active in the production or trade sector of electricity or be under contract of benefits with such legal persons.

2 The ElCom is not subject to any direction from the Federal Council or the Federal Department of the Environment, Transport, Energy and Communication when making decisions. It is independent of the administrative authorities and has its own secretariat.

3 The ElCom may associate the Federal Office of Energy (Office) with the execution of this Law and give it instructions.

4 The ElCom develops an organizational and operating regulation and submits it to the Federal Council for approval.

5 ElCom costs are covered by emoluments. The Federal Council sets the modalities.

Art. Tasks

1 The ElCom shall monitor compliance with the provisions of this Law, take the measures and make the decisions necessary for the implementation of this Law and its implementing provisions.

2 In particular, the ElCom is responsible for:

A.
Decide, in the event of a dispute, on access to the network, on the conditions of use of the network, on the rates and remuneration for the use of the network and on the rates of electricity; the charges and the benefits provided to Public authorities are reserved; it can grant access to the network as an instalment;
B.
Check ex officio the rates and remuneration for the use of the network as well as the rates of electricity; royalties and benefits provided to public authorities are reserved; it may order a reduction or ban Increase;
C.
Determine the use of revenues within the meaning of s. 17, para. 5.

3 The ElCom monitors and monitors the evolution of electricity markets in order to ensure a secure and affordable supply in all regions of the country. To this end, it shall check in particular the state and maintenance of the transmission system and the regional adequacy of the investments of the national transport network company.

4 If the security of the country's supply is seriously compromised in the medium to long term, the ElCom proposes to the Federal Council to take the measures referred to in Art. 9.

5 The ElCom coordinates its activities with that of the foreign regulatory authorities and represents Switzerland in the relevant international bodies.

6 The ElCom informs the public about its activity and presents an annual activity report to the Federal Council.

Art. Remedies

Decisions of the ElCom may be appealed to the Federal Administrative Tribunal.

Chapter 5 International conventions

Art. 24

Subject to Art. 7 A , para. 2, of the Act of 21 March 1997 on the organization of government and administration 1 , the Federal Council may conclude international conventions falling within the scope of this Law.


Chapter 6 Obligation to Inform, Secrets of Function and Business, Supervisory Fee

Art. 25 Obligation to provide information and administrative assistance

1 Electricity undertakings shall be required to provide the competent authorities with the information necessary for the implementation of this Law and to make available to them the necessary documents.

2 The services of the Confederation and the cantons are obliged to participate in the investigations of the ElCom and the Office and to make available the required documents.

Art. 26 Secret Service and Business Secrecy

1 Persons responsible for the execution of this Law shall be subject to the secrecy of the function.

2 They shall not disclose any manufacturing secrets and no business secrets.

Art. 27 Data Protection

1 Within the limits of the objectives of this Law, the Office and the ElCom shall deal with personal data, including sensitive data relating to prosecution or criminal sanctions (Art. 29).

2 They may retain this data in electronic form.

Art. 28 Monitoring Fee

In order to cover the costs related to the collaboration of the ElCom and the Office with foreign authorities, the Federal Council may charge an appropriate monitoring fee to the national transport network company, which may pass it on to the Compensation for the use of the transport network in cross-border trade.

Chapter 7 Criminal Provisions

Art.

1 A fine of up to 100 000 francs is imposed on the person who wilfully:

A.
Does not or does not have sufficient impact on price reductions (art. 6);
B.
Does not properly account for the accounting and legal separation of the network sector in other sectors, or uses the information obtained in connection with the operation of the network for other sectors (Art. 10 and 33, para. 1);
C.
Does not properly separate the network sector from other sectors of activity in analytical accounting (art. 11);
D.
Does not properly account for the remuneration for the use of the network, or unlawfully levy a fee for the change of supplier (art. 12);
E.
Refuses access to the network in violation of the law (art. 13);
F.
Refuses to provide the information requested by the competent authorities or provides inaccurate information (art. 25, para. 1);
G.
Contravening a performance provision whose violation is declared punishable, or in contravention of a decision served under the threat of criminal sanctions provided for in this section.

2 If the offender is negligent, the fine may be as high as 20,000 francs.

3 The Office continues and judges the offences in accordance with the Federal Law of 22 March 1974 on administrative criminal law 1 .


Chapter 8 Final provisions

Art. Executing

1 The cantons carry out the art. 5, para. 1 to 4, and 14, para. 4, 1 Re Sentence.

2 The Federal Council shall issue the implementing provisions.

3 The Federal Council may instruct the Office to issue technical or administrative requirements.

4 The Federal Council may involve private organisations in the implementation of this Law.

Art. Amendment of the law in force

The amendment to the existing law is set out in the Annex.

Art. 32 Transitional provision on revenue from rules-based allocation procedures

Revenue from award-based allocation procedures within the meaning of s. 17, para. 5, may also be used for two years from the entry into force of this Law to cover other costs of the transmission system, including compensation for the owners of the transmission system according to the risks.

Art. 33 Transitional provision on the national transport network

1 No later than one year after the entry into force of this Law, electricity supply undertakings shall have legally separated the activities affecting the transport network of the other sectors of activity.

2 The owners of a transportation system ensure the capacity and interoperability of their networks. If they do not carry out their duties, the national company may propose to the ElCom that the necessary measures are taken at the expense of the owners.

3 The national company currently contracts with the network owners the rights to have the facilities of the network necessary for the performance of its tasks. These agreements are subject to the approval of the ElCom.

4 At the latest five years after the entry into force of this Law, electricity supply undertakings shall transfer the transmission system at the Swiss level to the national company. In return, they are given shares of the company and possibly other rights. Any loss in excess of the value of the assigned shares and rights shall be compensated by the national company.

5 If the electricity supply undertakings do not fulfil their obligation under para. 4, the ElCom makes the necessary decisions ex officio or on the proposal of the national society. The Rules of Procedure of the Federal Law of 20 June 1930 on Expropriation 1 Are not applicable.

6 The restructuring required under paras. 1 and 4 are not subject to any federal, cantonal or communal taxes direct or indirect.


1 RS 711

Art. 33 A 1 Transitional provision of the amendment of 12 December 2014

The allocation of the adjustment energy costs, applied on the basis of the law in force, remains valid.


1 Introduced by ch. I of the 12 Dec LF. 2014, in force since 1 Er June 2015 ( RO 2015 1309 ; FF 2014 3833 3843).

Art. 34 Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force subject to para. 3.

3 A Federal Order subject to the referendum brings into force s. 7 and 13, para. 3, let. B, and repeals s. 6, 13, para. 3, let. A, and 29, para. 1, let. A, five years after the entry into force of this Act.

Annex

(art. 31)

Amendment of the law in force

The following laws are amended as follows:

... 1


1 The mod. Can be viewed at RO 2007 3425 .


State 1 Er June 2015