Key Benefits:
On 14 March 2008 (State 1 Er January 2016)
The Swiss Federal Council,
See art. 30, para. 2, of the Federal Law of 23 March 2007 on the supply of electricity (LApEl) 1 ,
Stops:
1 This order regulates the first phase of the opening of the electricity market, during which captive consumers do not have access to the network within the meaning of Art. 13, para. 1, LApEl.
2 The electricity transmission network of the Swiss railways operated at the frequency of 16.7 Hz and the voltage of 132 kV shall be submitted to the LApEl in so far as it is intended to create the conditions for a secure supply of electricity. This applies in particular to s. 4, para. 1, let. A and b, and art. 8, 9 and 11 LApEl.
3 The electricity transmission network of the Swiss railways operated at the frequency of 16.7 Hz and the tension of 132 kV is considered to be a final consumer within the meaning of Art. 4, para. 1, let. B, LApEl and this order. A frequency converter in a power station at 50 Hz is not considered to be a final consumer for the share of electricity that the power station at 50 Hz:
3bis The injection and recirculation points of the electricity transmission network of the Swiss railways operated at the frequency of 16.7 Hz and the voltage of 132 kV connected to the transport network at 50 Hz shall be considered as a single injection point or Of sprinting. 2
4 The LApEl and this Order shall also apply to the transboundary power lines of the transmission system that are operated continuously and to the necessary ancillary facilities.
1 New content according to the c. I of the O of 30 January 2013, in force since 1 Er March 2013 ( RO 2013 559 ).
2 Introduced by ch. I of the O of 30 January 2013, in force since 1 Er March 2013 ( RO 2013 559 ).
1 For the purposes of this order:
2 These include components of the Transportation network :
1 Repealed by c. I of the O of 11 Nov 2015, with effect from 1 Er Jan 2016 ( RO 2015 4789 ).
2 Repealed by c. I of the O of 11 Nov 2015, with effect from 1 Er Jan 2016 ( RO 2015 4789 ).
2 They also set out in these directives the compensation due in the event of a change of connection.
3 In the event of a dispute concerning the award of final consumers, electricity producers or network operators at a given network level, or with respect to compensation due in the event of a change of connection, the Commission shall Electricity (ElCom) slice.
1 The rate component for the provision of energy to final consumers with a basic supply is based on the cost of production of an efficient operation and on the long-term purchase contracts of the network manager Distribution. 1
2 The distribution system operator is required to justify, for its end-consumers with basic supplies, the increase or decrease in electricity tariffs. The justification must indicate the cost changes that are the cause of the increase or decrease.
3 The distribution system operator is required to announce to the ElCom the increases in electricity tariffs and the justification provided to final consumers by August 31. 2
1 New content according to the c. I of the O of 30 January 2013, in force since 1 Er March 2013 ( RO 2013 559 ).
2 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6467 ).
1 The national transport network company, network operators, producers and other stakeholders shall take the necessary preventive measures to ensure the safe operation of the network. To this end, they take into account the binding provisions as well as:
2 The national transport network company shall, in a uniform manner, in a convention with network operators, producers and other stakeholders concerned, the measures to be taken to maintain security of supply, in particular The arrangements for automatic removal and the adaptation of the production of power stations where the stability of the operation of the network is threatened.
3 If a network manager, producer or other actor in question refuses to sign an agreement within the meaning of para. 2, the ElCom orders its conclusion by way of decision.
4 If the network's operating stability is threatened, the national transport network society must, by law, order or take all necessary measures to ensure that stability (art. 20, para. 2, let. C, LApEl). If an injunction is not followed, it may take a surrogate measure at the addressee's expense.
5 Obligations arising out of the conventions referred to in paras. 2 and 3 and the charging of costs within the meaning of para. 4 are carried out through the civil procedure.
6 The Federal Office of Energy (OFEN) may lay down minimum technical and administrative requirements for a safe, efficient and effective network; it may declare mandatory international technical or administrative provisions and Standards or recommendations made by recognized technical organizations. 2
1 New content according to the c. I of the O of 30 January 2013, in force since 1 Er March 2013 ( RO 2013 559 ).
2 New content according to the c. I of the O of 30 January 2013, in force since 1 Er March 2013 ( RO 2013 559 ).
1 Distribution network operators are released from the following obligations for networks with a voltage less than or equal to 36 kV:
2 All network operators are required to report annually to the ElCom on the international standard for quality of supply; these figures include the average duration of power outages. ("Customer Average Interruption Duration Index" CAIDI), the average duration of System Average Interruption Duration Index (SAIDI) and the average frequency of blackouts ("System Average Interruption Frequency Index") SAIFI).
1 Managers and owners of distribution and transmission system operators may set the dates of the exercise themselves. This may correspond in particular to the calendar year or the hydrological year.
2 Managers and network owners define a uniform method of cost accounting and provide transparent guidance on this issue.
3 This accounting shall show separately all the posts necessary for the calculation of the chargeable costs, in particular:
4 Each manager and network owner must make known the rules under which investments are made to the asset.
5 It must charge direct costs directly to the network and indirect costs according to a distribution key established in accordance with the principle of causality. This key must be the subject of a relevant and verifiable written definition and must respect the principle of consistency.
6 Network owners provide network managers with the information they need to establish the cost accounting system.
7 Network managers present their cost accounting to the ElCom by August 31. 2
1 RS 730.0
2 Introduced by ch. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6467 ).
1 Network managers respond to the measurement system and information processes.
2 To this end, they shall lay down transparent and non-discriminatory directives governing in particular the obligations of the actors concerned and the chronological sequence and form of the data to be communicated. These directives must provide for the possibility for third parties to participate, with the agreement of the network manager, in the provision of benefits under the measurement and information system.
3 The network operators shall make available to the stakeholders concerned, within agreed time limits, in a uniform and non-discriminatory manner, the measures and information necessary for the operation of the network, the management of the adjustment balance sheet, The supply of energy, the charging of costs, the calculation of the remuneration for the use of the network and the invoicing processes arising from the Energy Act of 26 June 1998 1 And the order of 7 December 1998 on energy 2 These benefits cannot be charged in addition to the remuneration collected for the use of the network. If supplied by third parties, they are entitled to fair compensation from the network operators.
4 On request and against compensation for costs, network operators shall provide additional data and information to the balance sheet managers and other relevant stakeholders, with the agreement of the final consumers Or the producers concerned. All figures recorded in the previous five years must be delivered.
5 All final consumers who assert their right of access to the network as well as producers whose power is greater than 30 kVA shall be equipped with a load curve measuring device with automatic transmission Data. They bear the cost of acquiring this equipment as well as the recurring costs.
At the request of the final consumer, the network manager issues the network usage invoice to the energy provider. The final consumer remains the debtor of remuneration.
Network managers shall publish the information referred to in Art. 12, para. 1, LApEl and all the taxes and benefits provided to the public authorities, by 31 August at the latest, in particular through a single Internet site, freely accessible.
1 The annual consumption of the twelve months preceding the last survey is decisive in determining the right of access to the final consumer network. Annual consumption is the sum of the electrical energy that a final consumer receives or produces per consumer site per year. The consumer site is the place of business of a final consumer who constitutes an economic and geographical unit and has its own effective annual consumption, irrespective of the number of its points of injection and sprinting.
2 End consumers who have an annual consumption of at least 100 MWh and who do not rely on electricity on the basis of a written individual supply contract may indicate until 31 October to the distribution network manager of Their area of service which they intend to make use of their right of access to the network from 1 Er January of the following year. For the distribution network manager, the obligation to supply within the meaning of s. 6 LApEl then becomes definitively lapsed.
3 If a final consumer with an estimated annual consumption of at least 100 MWh is to be newly connected to the distribution network, he shall indicate to the network manager two months prior to the commissioning of his connection if he intends to Use of its right of access to the network.
4 End consumers connected to a thin distribution network within the meaning of s. 4, para. 1, let. A, LApEl, also have the right of access to the network if their annual consumption is at least 100 MWh. The parties concerned agree on the arrangements for the use of these power lines.
1 In addition to the costs as set out in s. 15, para. 2, LApEl, allowances granted to third parties for easements.
2 Network managers shall establish transparent, uniform and non-discriminatory guidelines on how to determine operating costs.
1 The network operators shall lay down, in transparent and non-discriminatory directives, rules governing the uniform and appropriate periods of use of the various installations and their components.
2 The calculated annual accounting depreciation is the result of the acquisition or manufacturing costs of the existing facilities with a straight-line basis over a specified period of use, up to the zero value. Only acquisition or manufacturing costs are considered to be the construction costs of the facilities involved.
3 The calculation of the annual interests of the heritage values necessary for the operation of the networks follows the rules that follow.
3bis The Federal Department of Environment, Transport, Energy and Communication (DETEC) establishes the WACC each year in accordance with the provisions of Annex 1. 2
4 If, exceptionally, it is no longer possible to determine the costs of acquiring or manufacturing the facilities, it must be calculated as follows: the replacement costs are determined in a transparent manner on the basis of price indices Official and appropriate, retroactive to the date of acquisition or manufacture. The already charged operating or capital costs of the heritage values necessary for the operation must be deducted. In all cases, only the value of a comparable facility is considered. 20 % of the calculated value must be deducted. 3
1 New content according to the c. I of the O of 30 January 2013, in force since 1 Er March 2013 ( RO 2013 559 ).
2 Introduced by ch. I of the O of 30 January 2013, in force since 1 Er March 2013 ( RO 2013 559 ).
3 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6467 ).
1 For the calculation of costs related to cross-border supplies within the meaning of s. 16 LApEl, international regulations are reserved.
2 Revenue from the cross-border use of the transport network in the context of compensation between European transmission system operators ("Inter-Transmission System Operator-Compensation", ITC) must be allocated In full to cover the costs attributable to the transmission system, after deduction of the monitoring fee referred to in s. 28 LApEl.
3 When calculating the revenue referred to in para. 2, only those shortfalls which are not attributable to a specific cause or which result from an exception relating to access to the network for the capabilities put into service at the level of the cross-border transmission network (Art. 17, para. 6, LApEl). The other shortfalls are charged to those who caused them, in accordance with art. 15, para. 1, let. C.
1 The national transport network company charges individually:
2 It charges network operators and end consumers connected directly to the transmission system, as a proportion of the electricity generated by the final consumers:
3 It charges the final consumers and the network operators connected directly to the transmission system the balance of the chargeable costs and the taxes and benefits provided to the public authorities; these elements are invoiced in a manner Non-discriminatory and at a flat rate in the Swiss adjustment zone:
1 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6467 ).
2 RS 730.0
1 Attributed costs not invoiced individually, taxes and benefits provided to public authorities and participation in a higher level network shall be charged to final consumers and managers of the Network connected directly to the network concerned, as follows:
2 The remuneration collected for the use of the network shall not exceed, for each level of network, the chargeable costs and the taxes and benefits provided to the public authorities of that network level.
3 If a distribution network undergoes disproportionate costs as a result of the connection or operation of producer equipment, these additional costs shall not be assimilated to the costs of the network, but shall be borne to a reasonable extent by the Producers.
Network managers shall establish transparent and non-discriminatory directives governing the charging of costs between networks of the same level directly related to each other and the uniform determination of the annual average power Effective monthly maximum.
1 Network managers are responsible for setting network utilization rates.
1bis Within a voltage level, end consumers with similar consumer characteristics form a group of customers. It is possible to establish separate client groups for end consumers with similar consumption characteristics only when their acquisition profiles differ significantly. In the case of final consumers who report consumption according to Art. 2, para. 2, let. A, of the order of 7 December 1998 on energy 1 Whose facilities have a connection power of less than 10 kVA, only the consumption characteristics are decisive for the formation of customer groups. 2
2 For final consumers whose land is used in the year and which are connected to a voltage level of less than 1 kV without power, the rate of use of the network is at least 70 % in a consumption tax (ct ./kWh) not degressive.
1 RS 730.01
2 Introduced by ch. III 2 of the O of 7 March 2014, in force since 1 Er April 2014 ( RO 2014 611 ). Erratum of 3 June 2014, concerns only the German and Italian texts (RO 2014 1323).
1 In order to verify the rates and remuneration for the use of the network as well as the electricity rates, the ElCom compares the efficiency levels of the network operators. It collaborates with the communities concerned. It takes into account the structural differences that companies do not have and the quality of supply. In comparing the chargeable costs, it also takes into account the degree of depreciation. Its assessment incorporates international reference values.
2 It orders compensation, by tariff reduction, for unjustified gains due to tariffs on the use of the network or to excessive electricity tariffs.
1 The national transportation network company submits a report to the ElCom on the implementation of the priority supply provisions under s. 13, para. 3 and 17, para. 2, LApEl and makes a proposal in accordance with Art. 17, para. 5, LApEl for the allocation of revenue.
2 When allocating the capabilities of the cross-border network, importers cannot assert the priority nature of the basic supply of final consumers within the meaning of Art. 17, para. 2, LApEl, that if they establish the impossibility of meeting their obligations without imports and the absence of deliveries notified in the same period to third parties abroad.
1 When it does not provide it itself, the national transportation system provides the system services through a market-based, non-discriminatory and transparent process.
2 It sets the prices of the services-system in order to cover costs. If their sale generates a profit or a deficit, the amount will be taken into account in the calculation of costs within the meaning of s. 15, para. 2, let. A.
3 The network reinforcements needed for energy injections by producers within the meaning of Art. 7, 7 A And 7 B The Energy Act of 26 June 1998 1 Are part of the system services of the national transport network company.
4 The allowances for network reinforcements referred to in par. 3 are subject to approval by the ElCom.
5 The national transport network company shall compensate the network manager for the reinforcements referred to in para. 3 based on the approval of the ElCom.
6 It reports annually to the ElCom on the actual services provided and on the charging of their costs.
1 All injection and recirculation points allocated to a balance sheet must be located in the Swiss adjustment zone. Any injection or recirculation point must be assigned to a single balance sheet group.
2 The national transport network company shall lay down in directives the minimum requirements for balance-sheet groups, in accordance with transparent and non-discriminatory criteria. It does so taking into account the needs of small balance-sheet groups.
3 It contracts with each balance sheet group.
4 Each balance sheet group must designate a participant (responsible for balance sheet) who represents it vis-a-vis the national transport network company and vis-a-vis third parties.
5 For electricity recovered within the meaning of s. 7 A The Energy Act of 26 June 1998 1 Balance-sheet groups are required to pay the market price in accordance with s. 3 B Bis , para. 2, of the order of 7 December 1998 on energy 2 The balance sheet for renewable energies. 3
1 The OFEN appoints the head of the renewable energy balance sheet after consulting the national transport network company.
2 The head of the renewable energy balance sheet group shall issue transparent and non-discriminatory guidelines for the injection of electricity within the meaning of Art. 7 A The Energy Act of 26 June 1998 1 These directives are subject to the approval of the OFEN. For systems whose production can be controlled, the person in charge of the balance sheet for renewable energies may provide for remuneration based on the forecast programme. However, the average price for the year must correspond at least to the remuneration set out in Appendices 1.1 to 1.5 of the Energy Ordinance of 7 December 1998 2 .
3 The person in charge of the balance sheet group for renewable energies may refuse to pay for electricity resumed under Art. 7 A The Energy Act of 26 June 1998 as long as the producer does not provide the necessary information on time or violates the rules.
4 It establishes forward-looking programmes and communicates them to other balance sheet groups and to the national transport network society.
5 The balance sheet groups shall be required to resume electricity from the balance sheet for renewable energy in accordance with the provisional programme and in proportion to the electricity supplied by the final consumers allocated to them, and To pay to the balance sheet for renewable energy the market price referred to in s. 3 B Bis , para. 2, of the order of 7 December 1998 on energy. For a newly created balance sheet, the electricity generated by the final consumers is evaluated. 3
6 The head of the balance sheet group for renewable energies calls on the national transport network to take charge of the difference between the rewards for injection within the meaning of Art. 7 A The Energy and Market Price Act of 26 June 1998 referred to in Art. 3 B Bis , para. 2, of the order of 7 December 1998 on energy, as well as the costs of the adjustment energy of its balance sheet group and its implementation costs. 4
1 RS 730.0
2 RS 730.01
3 New content according to the c. I of the O of 11 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4789 ).
4 New content according to the c. I of the O of 11 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4789 ).
1 Injection points with a connecting power not exceeding 30 kVA, where the current is taken within the meaning of s. 7 A The Energy Act of 26 June 1998 1 And which are not equipped with a load curve measuring device with automatic transmission of data as well as the injection points where the current is taken within the meaning of s. 28 A Of the said Act shall be allocated to a measure equivalent to the balance sheet which feeds the final consumers of the corresponding network area.
2 Injection points where the current is taken within the meaning of s. 7 A Of the Energy Act of 26 June 1998 which are equipped with a load curve measuring device with automatic transmission of data fall within an equivalent measure of the balance sheet for renewable energies.
1 For the adjustment energy requirements, the national transport network company shall give preference to electricity from renewable energy sources.
2 When the technique allows, the adjustment energy can be acquired outside the national boundaries.
3 Producers whose facilities inject electricity according to art. 7 or 7 A Of the Law of 26 June 1998 on energy and that sell the electricity delivered physically or a part thereof to the national company of the transmission system as energy of adjustment shall not obtain for that electricity any compensation Additional on the basis of art. 7 and 7 A The Energy Act. 1
1 New content according to the c. I of the O of 11 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4789 ).
1 Any person who has his or her registered office or domicile in Switzerland shall participate in a wholesale electricity market in the EU and shall be obliged under the Regulation (EU) n O 1227/2011 1 , providing information to the authorities of the EU or the Member States, must communicate, simultaneously and in the same form, the same information to the ElCom.
2 In particular, it shall be provided to the ElCom for indications concerning:
3 In addition, the privileged information which has been published on the basis of the Regulation (EU) shall be provided to the ElCom O 1227/2011. ElCom may determine when such data should be provided to the ElCom.
4 The name, name, legal form and seat or home must also be communicated to the ElCom. It is possible to communicate, instead of these indications, the data required in the EU for registration under the Regulation (EU) n O 1227/2011.
5 The ElCom may authorise exceptions to the duty of information, in particular when it can be considered that the data in question are of marginal importance to the electricity markets.
6 Are considered wholesale products, regardless of whether they are traded on the stock exchange or in any other way:
1 R (EU) n O 1227/2011 of the European Parliament and of the Council of 25 October. 2011 on the integrity and transparency of the wholesale energy market (REMIT), OJ L 326, 8.12.2011, p. 1.
1 The ElCom can process the data it has received from persons subject to the duty of information.
2 It determines when they are provided for the first time.
1 The ElCom uses an art-structured information system for the data. 26 A , para. 2, let. A and b, al. 3 and 4.
2 It ensures the security of the operation of the system and guarantees, by technical and organisational means, data protection against unauthorized access.
3 It keeps the data as long as it needs it, but for a maximum of ten years from the date on which it was provided. She then proposed them to the Dominion Archives. Data that the Federal Archives considers to be devoid of archival value is erased.
1 The OFEN executes the order in so far as enforcement is not another authority.
2 It shall lay down the necessary technical and administrative requirements.
3 It shall report to the Federal Council at regular intervals, but not later than four years after the entry into force of the order, on the appropriateness, effectiveness and economic character of the measures provided for in the LApEl and in the order.
4 Before issuing directives within the meaning of s. 3, para. 1 and 2, 7, para. 2, 8, para. 2, 12, para. 2, 13, para. 1, 17 and 23, para. 2, network operators consult in particular the representatives of the final consumers and the producers. They publish the directives on a single, freely accessible website. If they cannot agree in due time on the directives to be adopted or if they are not appropriate, the OFEN may lay down implementing provisions in the areas concerned.
5 Art. 23 to 25 of the December 7, 19983F Order on Energy 1 Are applicable by analogy to the collaboration of private organizations.
Producers with connection conditions under s. 28 A The Energy Act of 26 June 1998 1 Are released from the obligation to install a load curve measurement system with automatic transmission of data within the meaning of s. 8, para. 5, regardless of their connection power.
1 The provisions contained in existing contracts that contravene the requirements on access to the network or on remuneration for its use are not valid.
2 If the invalidity of contractual provisions which are no longer in conformity with the law leads to disproportionate disadvantages for one of the parties to the contract, that party may require compensation, monetary or otherwise.
The use of revenue from rules-based allocation procedures within the meaning of s. 32 LApEl is subject to the approval of the ElCom. The proposal referred to in s. 20, para. 1, shall state the other costs to be borne on the transmission system and explain to what extent they are not covered by the remuneration collected for the use of the network.
1 For the period 2009 to 2013, the interest rate of the heritage values necessary for the operation of the installations put into service before 1 Er January 2004 is less than one point at the interest rate set out in s. 13, para. 3, let. B. The interest rate referred to in Art. 13, para. 3, let. B, applies to investments made in such facilities after December 31, 2003.
2 The operators of the facilities referred to in para. 1 that have not been reassessed or have been amortized over a period of use, uniform and appropriate under s. 13, para. 1, or that have been amortized on a straight-line basis over a longer period, may apply to the ElCom for the interest rate without the reduction provided for in para. 1 applied to them.
3 If the remuneration for the use of the network for the year 2009 is less than the remuneration received for the use of the network in 2008, the ElCom may authorise the application to the year 2009 of the remuneration collected for the use of the network in 2008.
1 Repealed by c. I of the O of 30 Jan 2013, with effect from 1 Er March 2013 ( RO 2013 559 ).
1 For the first quarter of 2009, network operators charge estimates on the basis of art. 13, 31 A And 31 B .
2 They shall publish these tariffs in accordance with Art. 10 no later than 1 Er April 2009.
3 They shall repay as soon as possible, but at the latest with the final count issued after 1 Er July 2009, the difference between the actual prices and the rates charged until the end of March 2009.
1 Art. 13, para. 4, 15, para. 2, let., and 31 A To 31 C Apply to proceedings pending before authorities or judicial bodies on the date on which they come into force.
2 Decisions taken by the authorities, against which no appeal has been lodged, may be adapted on request or ex officio to art. 13, para. 4, 15, para. 2, let., and 31 A To 31 C Whether the public interest in the applicability of this provision overrides the private interest in maintaining the decision.
1 This order shall enter into force on 1 Er April 2008, subject to paras. 2 to 4 below.
2 Art. 11, para. 1 and 4, enter into force on 1 Er January 2009.
3 Art. 2, para. 2, let. D, enter into force 1 Er January 2010.
4 The ch. 2 of the Annex (Energy Ordinance) enters into force as follows:
1 Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 ( RO 2008 6467 ).
(art. 13, para. 3 Bis )
1 Introduced by c. II of the O of 30 Jan 2013 ( RO 2013 559 ). Update as per c. I of O du 4 Dec. 2015, in force since 1 Er Jan 2016 (RO) 2015 5685).
