Rs 734.7 Law Of 23 March 2007 On The Electricity Supply (Stromvg)

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

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734.7 law on electricity supply (StromVG) of March 23, 2007 (status on 1 June 2015) the Federal Assembly of the Swiss Confederation, view the art. 89, 91, al. 1, 96 and 97, al. 1, of the Constitution, given the message of the federal Council on December 3, 2004, stop: Chapter 1 provisions general art. 1 goals this Act is aimed to create conditions in order to ensure a safe electricity supply as well as an electricity market competition-based.
It also sets out the terms and conditions for: a. guarantee in all parts of the country an electricity supply reliable and consistent with the principles of sustainable development; b. maintain and strengthen the competitiveness of the Swiss International electricity sector.

Art. 2 scope of application this Act applies to powered grids running AC 50 Hz.
The federal Council may extend the scope of application of this Act or of certain provisions to other electric networks, insofar as this is necessary to achieve the objectives of this Act.

Art. 3 co-operation and subsidiarity the Confederation and, within their competence, the cantons associate concerned organizations, including economic organizations, in the implementation of this Act.
Before issue of enforcement provisions, they examine the voluntary measures taken by these organizations. Insofar as this is possible and necessary, they are totally or partially the agreements concluded by those organizations in the implementing provisions.

Art. cantonal and communal 3aConcessions the cantons and municipalities can grant concessions in relation to the transport network and the distribution network, including the right to use the public domain, without a tender. They guarantee a transparent and non-discriminatory procedure.

Introduced by section I 2 of the Federal ACT of Dec. 23. 2011, in effect since July 1. 2012 (2012 3229 RO; FF 2011 2711 3659).

Art. 4 definitions for the purposes of this Act, means: a. power grid: the set of facilities consist of a large number of lines and ancillary equipment required to transport and distribution of electricity; are not considered as networks facilities little scope for the fine distribution such as those found on industrial or in buildings; perimeters b. final consumers: the customer buying electricity for his own use; This definition includes neither electricity supplied to power plants for their own needs, nor the intended to operate pumps pompage.c plants. renewable energy: hydropower, solar energy, geothermal energy, ambient heat, wind energy and energy from biomass and waste biomass; d. access to the network: the right to use the network to acquire electricity from a supplier of their choice or to inject electricity; e. control energy: electricity input is automatic or ordered from plants and which is intended to maintain exchanges of electricity at the level expected so to ensure proper operation of the network; e. balance group: grouping of legal nature of actors in the electricity market to be national society of transport network a unit of measure and count as part of the control area Switzerland; e. balance energy: invoiced electrical energy used to compensate for the difference between consumption or effective of a balance group and its consumer provision or its supply scheduled; f. area setting : sector of the network, including setting is the responsibility of the national company of the transport network; This sector is physically bounded by points of measure; g. system services: services necessary for safe operation of the networks. These include coordination of the system, management of the balance sheets of adjustment, the primary setting, ability independent start-up and walking in the Islanding for producers, the maintenance of tension (part of reactive energy understood), measures for exploitation and transportation losses compensation; h. transport network: the power grid that serves for the transmission of electricity over large distances within the country as well as the interconnection with foreign networks; It is usually operated at 220/380 kV; i. distribution network: high, medium or low voltage electric network used to supply final consumers or businesses to supply electricity.

The federal Council may specify the definitions given in para. 1 as well as other terms used in this Act and adapt them to the new technical requirements.

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

Chapter 2 guarantee and security of supply Section 1 guarantee of the supply of basic art. 5 areas of service and guaranteed connecting the cantons designate areas of operating system on their territory. The award of a service area should be transparent and non-discriminatory; It may be related to a delivery contract for the network manager.
In their service area, network managers are required to connect to the grid all end-users located in the area to build, land and housing groups inhabited year-round outside this area, as well as all electricity producers.
The cantons may require network managers operating in their territory to connect also final consumers outside their service area.
The cantons can issue provisions governing the connection out of the area to build as well as the conditions and the costs of this connection.
The federal Council lays transparent and non-discriminatory rules for the assignment of a voltage level given to final consumers. It can set the corresponding rules for electricity producers and network managers. When changing connections, it may compel consumers and network managers to assume their share of the costs of capital of facilities that are more than partially, or even all used, and to compensate, for a fixed term, the reduction of the remuneration paid for the use of the network.

New content according to section I 2 of the Federal ACT on Dec. 23. 2011, in force since July 1, 2012 (RO 2012 3229; FF 2011 2711 3659).

Art. 6 obligation to supply and pricing for captive consumers a distribution network managers take the required measures to provide at all times to captive consumers and other end-users of their service area who do not make use of their right of access to the electricity network they want to the required quality level and at fair rates.
Are considered as captive consumers in the sense of this article households and other consumers who annually consume less than 100 MWh by site of consumption.
A distribution network managers set a uniform tariff for captive consumers connected to the same voltage level in their service area and with the same characteristics of consumption. Rates are valid for at least one year and are subject to a publication presenting separately the use of the network, power supply, royalties and benefits provided to local authorities the component of the rate for use of the network is calculated according to the art. 14 and 15. For the component on the power supply, the network manager must keep accounts by unit of assignment.
A distribution network managers are required to pass proportionally on to captive consumers the benefit they derive from free access to the network.
Captive consumers lack access to the network referred to in art. 13, al. 1 art. 7 not yet in force.

Section 2 security of supply art. 8 tasks of the system operators network managers coordinate their activities. In particular, they should: a. provide a network safe, powerful and effective; b. organize the use of the network and ensure the adjustment taking into account of the interconnection with other networks; c. ensure a sufficient network capacity reserve; d. develop technical requirements and minimum operating requirements for the operation of the network; they take into account in this respect of the international standards and recommendations of the recognized specialty organizations.

Network managers establish multi-year plans to ensure the security of the network, its performance and efficiency.
Network managers inform annually the electricity Commission (ElCom) operation and management of networks as well as extraordinary events.

The federal Council may provide relief for managers of distribution network of minor importance regarding the obligations according to the al. 2 and 3.
The federal Council may provide for penalties, measures of substitution, in the event of non-compliance.

Art. 9 measures in case of danger to the supply if the supply security of the country's electricity, offered at an affordable price is seriously compromised in the medium or long term despite the measures taken by the companies in the sector of electricity, the federal Council can take measures in collaboration with the cantons and economy organizations for : a. increase the efficiency of electricity use; b. acquire electricity, including through the development of production capacities and long-term purchase contracts; c. strengthen and develop power grids.

The federal Council may establish submission, respecting the rules of competition, the increase in the efficiency of electricity use and acquisition of electricity. It sets in the tender the criteria which the project must meet in terms of security of supply and profitability.
For the purchase of electricity and the development of production capacity, renewable energy have priority.
If the tenders referred to in para. 2 result in additional costs, national society of transportation system compensates them by a surcharge on the cost of transport of high-voltage networks. The compensation must be limited in time.
If a profit is made, any compensation for additional costs must be reimbursed in whole or in part to the national society of the transport network. Adequate compensation of the invested capital must be guaranteed. The national society affects these refunds: a. reduction of the costs of transport of high-voltage networks; b. strengthening or development of high voltage networks.

Chapter 3 using the network Section 1 Separation of activities, accounting and information art. 10 separation of activities the electricity supply companies must ensure the independence of the operation of the network. Cross-subsidies between the operation of the network and other areas of activity are prohibited.
Subject to the obligations to provide information required by law, sensitive economic information obtained as part of the operation of electricity networks must be treated confidentially and not be used in other areas of activity by the electricity supply companies.
Electricity supply companies must separate at least on the chart of the distribution network of other business sectors.

Art. 11 annual accounts and accounting managers and owners of the networks of distribution and transport networks establish for each network annual accounts and accounting, distinct from those of other sectors of activity. The accounting must be submitted to ElCom annually.
The federal Council may set minimum requirements in order to standardize the compilation of accounts and accounting.

Art. 12 information and billing network managers make readily available the information necessary for the use of the network and publish the corresponding rates, the annual amount of compensation for the use of the network, electricity rates, technical requirements and minimum operating requirements as well as the annual accounts.
Network managers establish transparent and comparable invoices for the use of the network. Fees and services provided to public authorities as well as supplements on the high voltage network transport costs are mentioned separately. The possible supply of electricity to final consumers should be mentioned separately on the invoice.
In case of change of supplier in the period of notice provided for in the contract, network managers can not charge transfer costs.

Section 2 the network access and remuneration for the use of network art. 13 network access network managers are required to ensure access to the network in a non-discriminatory manner.
Network access may be refused, motivation written in support, within ten working days following the filing of the application if the network manager demonstrates: a. that the safe operation of the transportation system would be compromised; b. that there is no available capacity; c. that the foreign State does not respect the clause of reciprocity in the case of cross-border use of the network oud. that there is an exception in the sense of art. 17, al. 6. for the award of network capabilities, are priority over other types of electricity supply, according to the following order: a. the provision to consumers referred to in art. 6, al. 1; b... .c. the supply of electricity from renewable energy, including hydropower.

Not yet in force.

Art. 14 remuneration for the use of the network the remuneration for the use of the network must not exceed the sum of the charges and attributable costs and benefits provided to local authorities.
The remuneration for the use of the network shall be paid by final consumers by sampling point.
Rates for use of the network must: a. introduce simple structures and reflect the costs of final consumers; b. be fixed regardless of the distance between the injection point and the sampling point; c. be consistent by voltage level and category of customers for the same manager network; d... .e. take into account efficient use of electricity;

The remuneration for the use of the network cannot include the costs charged individually by network managers.
The cantons take measures to reduce the differences in proportion between prices for using the network on their territory. If these measures are not enough, the federal Council takes others. It may in particular provide for the establishment of a compensation fund to which all network managers are required to participate. The effectiveness of the operation of the network must not be compromised. If network managers merge, a transitional period of five years is expected to adjust the prices.
Benefits from water concessions in force, including the provision of energy, are not affected by the provisions on remuneration for the use of the network.

Repealed by chapter I of the Federal ACT of 12 Dec. 2014, with effect from 1 June 2015 (RO 2015 1309; FF 2014 3833 3843).
Introduced by chapter I of the Federal ACT of 12 Dec. 2014, in force since June 1, 2015 (RO 2015 1309; FF 2014 3833 3843).

Art. 15 costs attributable network network costs include operating costs and cost of capital of a safe, efficient and effective network. They include an appropriate operating profit.
Operating costs means the costs of the benefits directly related to the operation of the networks. Costs include the costs of the system services and maintenance of networks.
Capital costs should be determined on the basis of the initial costs of purchase or construction of existing facilities. Are only attributed as capital costs: a. accounting depreciation; b. the interest calculated on the assets necessary for the operation of the networks.

The federal Council shall determine: a. the bases for the calculation of the operating and capital costs; b. the principles governing the impact of costs as well as benefits provided to local authorities uniformly and in accordance with the principle of the origin of the costs and charges, taking account of the injection of electricity at power levels below.

Art. 15acouts charged individually to balance energy national society of transport network invoice individually to balance groups balance energy costs.
She sets the price of the energy of adjustment so as to promote the effective engagement of control energy and the power of setting throughout the country and to prevent abuses. Balance energy prices are set to control energy costs.
If the sale of balance energy balance by a benefit, the amount in question is taken into account in the calculation of the costs of the system services.

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

Art. 16 operating costs of the network for cross-border electricity supply remuneration for the use of the network of transport in the context of cross-border trade is based on the costs of the actual use. These are calculated separately and cannot be attributed to Swiss consumers.

The calculation of cost of capital based on average costs long term of required network capabilities (long run average incremental costs, LRAIC). Depreciation is calculated linearly according to a lifecycle defined specifically for each component installation. Necessary to operate heritage values are subject to an appropriate interest rate.
The federal Council may fix the period of depreciation as well as an appropriate interest rate and designate the assets necessary for the operation.

Art. 17 network access in case of congestion at the network level of transborder if cross-border transport demand exceeds the availability of the network, the national society of the transportation network can assign available capacities according to procedures based on the rules of the market, such as the auction. ElCom may settle the procedure.
In the allocation of capacity at the level of the cross-border transport network, deliveries based on contracts purchase and international provision concluded before 31 October 2002 and deliveries within the meaning of art. 13, al. 3, have the priority.
The use of assigned capacity may be restricted only if the safety of the transportation system is compromised and the national society of the transport network cannot use no further reasonable and economically bearable to balance the network load.
Assigned capacity which is not used must be reallocated according to a procedure based on the rules of the market.
Revenues from award procedures based on the rules of the market should be used to: a. the costs of cross-border provision of electricity cannot be directly attributed to a specific user, including the costs of maintaining the availability of the allocated capacity; b. expenses necessary for the maintenance or expansion of the transport network; c. to cover the costs of the transport to the senses of the art. 15. the federal Council may provide for exceptions regarding access to the network (art. 13) and the calculation of network costs attributable (art. 15) at the network level of transborder for capacities in service after January 1, 2005.

Section 3 Swiss transport network art. 18 national society of transportation system at the level of the Switzerland's transport network is operated by a national society of transport network; It takes the form of an anonymous private company with headquarters in Switzerland.
The national society must be owner of the network operated.
The national society to ensure that its capital and the resulting voting rights are owned by majority, directly or indirectly, by the cantons and communes.
The cantons, municipalities and companies to supply electricity to Swiss majority have a right of pre-emption on the actions of the national society. The statutes of the deal terms.
The national society shares can be traded.
The national society can neither exercise activities in the sectors production, distribution and trade of electricity or hold interests in companies engaged in such activities. The acquisition and supply of elec-tricity for the purposes of exploitation, especially for the system services, are permitted.
The majority of the members and the Chairman of the Board of Directors and members of management may belong to bodies of persons active in the sector of the production or trade in electricity, nor be under service contract with such entities.
The statutes grant the cantons the right to delegate two representatives to the Board of Directors. The cantons ensure in this regard to a balanced representation of regions.
The representation of the various regions of production and consumption must be ensured in the bodies.

Art. 19 articles of the national company of the transport network the statutes of the national company of the transport network and their modifications are subject to the approval of the federal Council.
The federal Council checks including the statutes and their changes to ensure: a. the security of supply of the Switzerland in all regions; (b) the independence of the national society; c. the non-discriminatory operation of the network.

Art. 20 tasks of the national society of the transport network to ensure electricity supply of Switzerland, national society of intelligence transportation system continuously until the operation of the network is non-discriminatory, reliable and efficient. It sets the capacity of cross-border transport in coordination with neighbouring countries network managers.
The national society has the following tasks: a. She operates and monitors all of the transport of the Switzerland network and manages it as a single area of adjustment; It is responsible for the planning and control of the entire network of transport; b. it is responsible for the management of the balance sheets of adjustment and provides the system services, including the provision of energy of adjustment; the acquisition of the skills required must be based on transparent and non-discriminatory procedures; c. If the stability of the operation of the system is threatened, she orders the necessary measures; It stipulates the details in collaboration with power plant operators, network managers, and other stakeholders; d. develop transparent and non-discriminatory procedures to address network congestion; e. She collaborates with foreign transport network management and represents the interests of Switzerland within the bodies concerned.

The federal Council may require the Manager of the transportation system to use as a priority of electricity of renewable energy, including hydropower, to cover the need to control energy.
When required by the performance of its tasks, the national society may propose to ElCom to expropriate an owner. The rules of procedure of the Federal law of June 20, 1930, on expropriation shall not apply.

RS 711 Chapter 4 article electricity Commission 21 organization the federal Council established a Commission of electricity (ElCom) consisting of five to seven members; He appoints the president and vice-president. Members must be independent experts. They cannot belong to bodies of persons active in the sector of the production or trade in electricity, nor be under contract with such entities.
ElCom is subject to any directive of the federal Council or the federal Department of the environment, transport, energy and communication when she makes decisions. It is independent of the administrative authorities and has its own secretariat.
ElCom may associate the federal Office of energy (office) with the execution of this law and give him instructions.
ElCom develops a rules of organization and functioning and shall submit it to the approval of the federal Council.
ElCom costs are covered by fees. The federal Council sets the terms.

Art. 22 tasks ElCom monitors respect for the provisions of this Act, takes measures and makes the decisions necessary for the implementation of this law and its implementing provisions.
ElCom is especially responsible for: a. decide, in case of dispute on access to the network, on the conditions of use of the network, on tariffs and compensation for the use of the network as well as the electricity rates. royalties and benefits provided to local authorities are reserved; It can grant access to the network to provisionally; b. Check Office rates and compensation for the use of the network as well as the rates for electricity; royalties and benefits provided to local authorities are reserved; She may order a reduction or ban an increase; c. rule on the use of revenues within the meaning of art. 17, al. 5. the ElCom observes and monitors the evolution of the electricity markets to ensure a safe and affordable supply in all regions of the country. For this purpose, it checks including the State and maintenance of the transport network as well as regional adaptation of the national society of transport network investment.
If the security of supply of the country is seriously compromised in the medium or long term, ElCom offers the federal Council to take the measures referred to in art. 9. the ElCom coordinates its activity with that of the foreign regulatory authorities and represents the Switzerland in the corresponding international bodies.
ElCom informs the public about its activities and submit an annual activity report to the federal Council.

Art. 23 channels of appeal decisions of ElCom may be appealed before the federal administrative court.

Chapter 5 agreements international art. 24


Subject to art. 7, art. 2, of the Act of 21 March 1997 on the Organization of Government and administration, the federal Council may conclude international agreements falling within the scope of application of this Act.

RS 172.010 Chapter 6 duty to provide information, secret service and business tax surveillance art. 25 obligation to provide information and administrative assistance companies in the electricity sector are required to give the competent authorities the information necessary for enforcement of this Act and to provide the required documents.
Services of the Confederation and the cantons are required to participate in the investigations of ElCom and the office and putting at their disposal the required documents.

Art. 26 official secrecy and business secrecy the people responsible for the execution of this Act are subject to secrecy.
They must disclose any trade secret and no secrecy.

Art. 27 data protection within the limits of the objectives of this Act, the Agency and ElCom deal with personal data, including sensitive data about lawsuits or criminal sanctions (art. 29).
They can keep these data in electronic form.

Art. 28 supervisory charges to cover the costs associated with the collaboration of ElCom and UNRWA with foreign authorities, the federal Council may levy a tax of suitable monitoring with the national company of the transport network, which may pass it on to the remuneration for the use of the transportation system in cross-border trade.

Chapter 7 provisions criminal art. 29 is punished with a fine of 100,000 francs at most one who deliberately: a. not reflected no or insufficient (art. 6) price reductions; b. does not or not properly separating accounting and legal sector network of other sectors, or use information obtained in the operation of the network (arts. 10 and 33 for other sectors of activity al. (1); c. separates not or not properly the sector network of other areas of activity in accounting (art. 11); d. does not record not or not correctly the remuneration for the use of the network, or illegally will be charged a fee for the change of provider (art. 12); (e) denies 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 al. (1); g violates a provision of execution which is declared a punishable violation, or contravenes a decision that it was served under threat criminal sanctions provided for in this article.

If the perpetrator acts negligently, the fine can reach 20,000 francs.
The office continues and judge violations in accordance with the Federal law on administrative penal law on March 22, 1974.

RS 313.0 Chapter 8 provisions final art. 30 execution cantons run the art. 5, al. 1 to 4, and 14, al. 4, 1 sentence.
The federal Council shall issue implementing provisions.
The federal Council may charge the office to enact technical or administrative regulations.
The federal Council may involve private organizations in the execution of this Act.

Art. 31 changes to the law in force the change in the law in force is set in the annex.

Art. 32 transitional provision on revenues from award procedures based on the rules of the market revenue of award procedures based on the rules of the market within the meaning of art. 17, al. 5, can also be used for two years from the entry into force of this Act to cover other costs of the transportation network, including compensation the transport network owners based on risk.

Art. 33 transitional provision on the national society of the transportation system at the latest one year after the entry into force of this Act, the electricity supply companies must have legally separate activities affecting the network of transport to other areas of activity.
The owners of a transport network provide capacity and interoperability of their networks. If they fail to assume their tasks, the national society may propose to ElCom that necessary measures are taken at the owners expense.
The national society fixed contractually with network owners rights to dispose of the network facilities which are necessary for the performance of its tasks. These agreements are subject to the approval of the ElCom.
Five years at the latest after the entry into force of this Act, the electricity supply companies transfer the transportation system at the level of the Switzerland to the national society. In return, they are given shares of the company as well as possibly other rights. Any loss exceeding the value of the shares and rights allocated is being a compensation on the part of the national society.
If the electricity supply companies fail of the obligation that is made to para. 4, ElCom makes the necessary decisions of office or on a proposal from the national society. The rules of procedure of the Federal law of June 20, 1930, on expropriation shall not apply.
The restructuring required under paras. 1 and 4 are subject to any tax federal, cantonal or communal direct or indirect.

RS 711 art. Transitional 33aDisposition of the amendment of December 12, 2014, the allocation of costs for energy adjustment, applied on the basis of the law in force, remains valid.

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

Art. 34 referendum and entry into force the present law is subject to the referendum.
The federal Council fixes the date of entry into force as provided in para. 3. a subject to the referendum federal decree implements art. 7 and 13, al. 3, let. b, and repeals the art. 6, 13, al. 3, let. a, and 29, al. 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 changed as follows:...

Mod. can be found at the RO 2007 3425.

State on June 1, 2015

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