energitilsyn og energiklagenævn copenhagen june2013

The Danish Energy Regulatory Authorityand

The Energy Board of Appeal

Søren Dyck-MadsenThe Danish Ecological Council

The Danish Ecological CouncilSeminar with Baltic Associations for Consumer Protection 20.6.13

The Danish Energy Regulatory Authority

• The Danish Energy Regulatory Authority (DERA) regulates the Danish markets for electricity, natural gas and district heating

• In the electricity market, the regulation focuses on the network companies

• DERA sets the allowed price for electricity companies with an obligation to supply



• The network companies are natural monopolies, and DERA focuses on ensuring that these companies are managed efficiently and with a high degree of consumer protection

• DERA accepts the standard cost for e.g. reminders, visits for reading the meter, installation or taking down meters etc.



• The Minister of Climate, Energy and Buildings formally appoints the 9 members of the board, but the Minister has no powers of instruction in relation to the board members

• DERA is mandated by law defining the tasks of DERA

• 57 persons in the Secretariat – 9 members of the Board


Acts/Laws taken care of by DERA - 1

Law about Maximum incomes in distribution companies and regional transmission companies based on the “Electricity Supply Act”

• Every year the DERA sets the maximum income for every single company for the following year

• This threshold is the maximum income that the company can have if the activity level is the same as last year

• DERA can increase this amount if applied and documented that the company cannot function without more income


Acts/Laws taken care of by DERA - 2

Law about Consumer Protection based on the “Electricity Supply Act”

• What has to be included in a contract between consumer and electricity trader

• What to do when prices or tariffs go up – for both electricity traders and the tariffs from distribution companies

• And many other laws



• The Energy Board of Appeal is an independent appeal board under The Ministry of Climate, Energy and Building

•

The Energy Board of Appeal is the final administrative appeal body for decisions by public authorities under various laws governing the energy sector.

• The decisions that are subject to appeal will in most cases have been handed down by the Danish Energy Regulatory Authority (Energitilsynet), the Danish Energy Authority (Energistyrelsen) or one of Denmark's 98 municipalities.



• The Board consists of a chairman and deputy chairman as well as a number of experts in all aspects of energy-related issues.

• The framework, within which the Board operates is set forth in the applicable legislation and in the application legislation and in the Board's by-laws



• The Energy Board of Appeal hears appeals from individual decisions made by public authorities under the following laws (and more):

• Heat Supply Act (Lov om varmeforsyning)

• Electricity Supply Act (Lov om elforsyning)

• Act on Subsidies for Electricity Production (Lov om tilskud til elproduktion)

• Natural Gas Supply Act (Lov om naturgasforsyning)



• The Energy Board of Appeal hears appeals from individual decisions made by public authorities under the following laws (and more):

• Act on CO2 Emission Allowances (Lov om CO2-kvoter)

• Act to Promote Energy Conservation (Lov om fremme af besparelser i energiforbruget)

• Act to Promote Energy Conservation in Buildings (Lov om fremme af energibesparelser i bygninger)



• The Energy Board of Appeal is the last complaint possibility – the decisions are final

• But the decisions taken by the Energy Board of Appeal can be taken to court normally within a six month period after the decision is taken


Some Decisions

• Who is legitimate for complaining about off shore wind parks?

• Has a specific complaint delaying effect or not?

• In the time of changes in the economical regulation for PV’s several complaints about which rules to be covered by is handled

• Shall additional information send too late for the decision of maximum income for energy distribution companies be taken into consideration or not?

• Was the rejection of a complaint claiming that a distribution company can install a smart meter in a building OK or not?


Søren Dyck-MadsenThe Danish Ecological Council

[email protected]


mailto:[email protected]

energitilsyn og energiklagenævn copenhagen june2013

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