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Economic Regulation Issues February 2009

Electricity Governance May be in for a Change
New Zealand Herald, February 25, 2009

The New Zealand government has announced that it may reform the governance and regulation of New Zealand’s electricity industry. The Electricity Commission currently regulates the operation of the electricity industry and markets, but has been criticised for hampering transmission investment and ultimately for recent blackouts.

EU Seeks Cooperation on State-aid
EUROPA Press Release, February 25, 2009

The European Commission has issued a set of guidelines to assist Member States' courts in applying EU state aid rules. These guidelines are aimed at supporting national courts and potential claimants in relation to domestic state aid challenges, in particular concerning the recovery of illegal aid from the beneficiary, interim relief or possible damages actions. <<More>>

EU Regulator calls for Enhanced Role
Financial Times, February 24, 2009

Key areas within European securities markets should be overseen by a single authority. While a two-tier system of central regulation and local supervision was appropriate in many areas, there should be more flexibility to handle some matters at EU level. <<More>>

Creation of Energy Products’ Consumers Protection Office
Ministry of Industry website, February 20, 2009

The Spanish government has decided to create an office for the protection of energy consumers. The responsibilities of this new office include providing information to consumers, resolving disputes between energy companies and their customers and, if appropriate, proposing regulatory improvements.  

Manila: Electricity Company Forced to Refund Customers
Asia Pulse & Manila Bulletin, February 20, 2009

The Energy Regulatory Commission has ordered the Manila Electricity Company (Meralco) to return 3,009 million pesos (US$81 million) to customers. The required payments stem from excess exchange rate adjustment costs calculated by Meralco. The refund represents around 40 pesos (US$1) for each MWh consumed between 2003 and 2006. Despite the payments, Meralco’s tariffs are set to rise by up to 10 percent in April.

India: New Rules to Promote Inter-State Power Trade
The Economic Times, February 19, 2009

India’s central government announced a plan in February to introduce new rules for trading power between states. Power generators will be allowed to sell capacities through an open access system later this year. Initially, power generators will be allowed to sell at least 3% of their capacity to consumers in locations outside the state of generation, but there are plans to increase this proportion in the future.

National Telecommunications and Post Commission: Drop in Consumer Complaints
International Law office, February 18, 2009

The National Telecommunications and Post Commission has announced that the total annual number of consumer complaints decreased by 22% in 2008. Although in 2008 the number of local loop unbundling (LLU) lines provided by alternative operators increased by 136% and the number of broadband connections provided by all providers increased by 48%, consumer complaints fell to 13,088 from 16,763 in 2007. <<More>>

EU Calls for Financial Restructuring
EU Business, February 17, 2009

EU Competition Commissioner Neelie Kroes alled for a swift restructuring of the banking sector to help bring the financial crisis to an end. "If we want to return the banking sector as a whole to health, and restore the sector's crucial function of supporting the wider economy, restructuring decisions need to be taken before the end of 2009", Kroes said. <<More>>

Supreme Court Invalidates Suspension of Capacity Payments to Nuclear Plants
IM Energía, February 11, 2009

The Spanish Supreme Court has declared invalid the 2007 government decision to suspend capacity payments to nuclear plants. The government alleged that the capacity payment was intended to cover part of the investment expenses of plants that run only a few hours in any given year. The government also claimed that the market price already provides revenues that exceed the costs of nuclear plants. The court rejected both claims, having decided that nuclear plants produce energy on a regular and stable basis and hence fulfil the main goal of the capacity payment.

Court Rules that Electricity Bills are not Transparent
Bundeswettbewerbsbehörde’s website, February 06, 2009

The Higher Administrative Court ruled that the electricity bills of Austrian energy companies are not sufficiently transparent or consumer friendly. In particular, the court criticised the common habit of specifying on bills average prices and total prices (i.e. summing the energy price and the grid charges).

French Consumers Unaware of Liberalised Market
Agence France Presse, February 05, 2009

A survey commissioned by the French regulator suggests that six out of 10 French consumers do not know that they have the right to change energy suppliers. Moreover, eight out of 10 households do not know the procedure to change energy supplier. According to the French regulator, at the end of 2008, 2.37 percent of residential customers received their electricity from an alternative supplier, while the corresponding figure was 4.65 percent in the gas sector.

Ofgem Finalises Guidelines for Green Tariffs
Ofgem website, February 04, 2009

Ofgem published a final set of guidelines on how suppliers should market green electricity tariffs to make it clear what environmental benefits these tariffs deliver beyond suppliers’ existing government environmental obligations. The guidelines form the basis for an independent accreditation scheme for green tariffs. The so-called “big six” energy suppliers and Good Energy have signed up to the guidelines so far.

OPTA’s Proposal to Open Up Cable Networks Cleared
European Commission Press Release, February 02, 2009

The European Commission has cleared the Dutch telecoms regulator’s proposal to impose pro-competitive regulatory obligations on the four largest cable operators in the country, namely Ziggo, UPC, Delta and CAIW. Approximately 80 percent of households in the Netherlands receive analogue radio and TV (RTV) services from cable operators, with alternative platforms such as satellite, digital terrestrial, DSL and fibre so far unable to establish strong positions in the Dutch RTV market. <<More>>

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