Introduction to Network Regulation
Module 1: Principles of Price Regulation

Dr. Konstantin Petrov, DNV KEMA
28 October 2013
Agenda
1. Introduction to Electricity Regulation
2. Areas of Regulation
3. Scope of Regulation
4. Type of Regulation
5. Regulatory Institutions
6. Regulation in the EU

Introduction to Network Regulation
14 October 2013
Introduction to Electricity Regulation
Why regulate?

 Competition provides the best service to customers in terms of price and quality of
service. But competition is not feasible in all segments of the power sector.
In areas where competition does not work (e.g. natural monopoly such as
electricity networks) or is legally excluded (exclusive rights given by the law),
regulation is needed.
 The major regulatory objectives are to:
-

protect consumer interests and eliminate monopoly inefficiency
ensure financial viability of industry participants (efficient cost coverage)
ensure equal conditions and non-discrimination of all sector participants
improve conditions for competition where possible

 Regulation is defined as a state intervention that is applied to various company
specific (e.g. prices, revenues, quality of supply) or integral parameters (e.g. market
entry / market design).

Introduction to Network Regulation
28 October 2013
3
Introduction to Electricity Regulation
Characteristics of Electricity (Networks)
Load flow from generator
to consumer uncontrollable
and unpredictable

Economies
of Scale and Scope

Investments are capital
intensive

Characteristics of
Electricity (Networks)

Sunk costs
Transmission network
capacity should be able to
accommodate peak load
Introduction to Network Regulation
28 October 2013
4

Network capacity depends
on the location of
generation and load within
the network

Production needs to equal
demand plus reserve
margin at every point of
time
Introduction to Electricity Regulation
Balancing Interests

 Regulation must balance obligations to both customers and regulated companies
and also the costs and benefits of the regulatory system itself.
Customer and Company Interests

Costs and Benefit of Regulatory System

Price reductions

Fair return

Distortions to
industry structure

Prevention of
monopoly abuse

Protection against
monopoly abuse

Profit
opportunities

Costs of operating
regulation

Efficiency savings
and lower costs

Introduction to Network Regulation
28 October 2013
5
Introduction to Electricity Regulation
Choice of Regulatory Regime

 The choice of an adequate regulatory regime requires a definition of the area, scope
and type of regulation, as well as the establishment or assignment of an institution
responsible for regulatory issues.

Areas of Regulation

Scope of Regulation

What should be regulated?

Type of Regulation

How should be regulated?

Regulatory Institutions

Choice of
Regulatory
Regime

Where should be regulated?

Who regulates?

Introduction to Network Regulation
28 October 2013
6
Agenda
1. Introduction to Electricity Regulation
2. Areas of Regulation
3. Scope of Regulation
4. Type of Regulation
5. Regulatory Institutions
6. Regulation in the EU

Introduction to Network Regulation
28 October 2013
7
Areas of Regulation – Which areas should be regulated?
Regulated and Competitive Elements

Power
Generation

Power
Transmission

Power
Distribution

Retail
Supply

System
Dispatch

Services subject to
regulatory control

Competitive services

Potentially competitive
services

Ancillary
Services

Wholesale
Supply

Metering
and Billing

Introduction to Network Regulation
28 October 2013
8
Areas of Regulation – Which areas should be regulated?
Regulation should focus on the network segment

 Traditionally, all business areas in network industries (such as the electricity sector)
had naturally been regarded as monopolies not subject to competition.
 However, only the network business is characterised by large sunk costs and
economies of scale and scope, which generate stable market power for incumbent
network owners.
 Other business areas of the sector (such as production, wholesale and retail) can be
provided in a competitive process.
 A fair and non-discriminatory regulation framework for the transmission and
distribution networks has important implications for supporting wholesale
competition (electricity generation) and retail competition (end-user supply)

Introduction to Network Regulation
28 October 2013
9
Agenda
1. Introduction to Electricity Regulation
2. Areas of Regulation
3. Scope of Regulation
4. Type of Regulation
5. Regulatory Institutions
6. Regulation in the EU

Introduction to Network Regulation
28 October 2013
10
Scope of Regulation – What should be regulated?
Regulatory Controls
Regulatory Controls

Price Control






Revenue / tariff setting
Efficiency incentives
Investment sufficiency

Innovation

Quality of Supply

 Commercial quality
 Continuity of supply
(reliability)

 Technical quality

Market Functioning

 Market design / market
rules

 System / network

Other

 Unbundling
 Security of supply
 Innovation

rules

 Market monitoring
 Market integration

Regulation should ensure: functional market design, reasonable prices
and reasonable quality of supply for regulated services.
Introduction to Network Regulation
28 October 2013
11
Scope of Regulation – What should be regulated?
Elements of Price Control

Setting Revenue
Requirements

– Setting an allowance for operation and maintenance cost
– Setting capital cost allowance (including provisions for asset valuation and
depreciation methods, regulatory asset base, cost of capital)

Price / Revenue
Adjustments

– Setting a price control formula
– Application of adjustment factors: productivity increases, price and volume
adjustment
– Defining length of price control period

Efficiency
Assessment

– Assessment of inefficiency of regulated service providers (Benchmarking)
– Techniques: non-parametric models (Data Envelopment Analysis), parametric
models (Corrected Ordinary Least Square, Stochastic Frontier Analysis),
engineering models

Tariff Design

– Tariff structures: e.g. use of network charges / connection charges, demand
charges / energy charges / standing charges
– Cost allocation: differentiation for voltage level, location, time of use, energy
use / peak demand

Introduction to Network Regulation
28 October 2013
12
Scope of Regulation – What should be regulated?
Elements of Quality of Supply

Continuity of
Supply

– Reliability of electricity supply
– Performance indicators (number and frequency of interruptions)

Technical Quality

– Physical properties of electricity
– Performance indicators (voltage variation, dips, flickers)

Commercial
Quality

– Customer service quality
– Performance indicators (complaints from consumers, response time to
consumer complaints, appointments with consumers)

Introduction to Network Regulation
28 October 2013
13
Agenda
1. Introduction to Electricity Regulation
2. Areas of Regulation
3. Scope of Regulation
4. Type of Regulation
5. Regulatory Institutions
6. Regulation in the EU

Introduction to Network Regulation
28 October 2013
14
Type of Regulation – How should be regulated?
Forms of Regulatory Price Control
Regulatory price
controls

Cost-based
Regulation

Incentive
Regulation
Sliding Scale
Regulation

Rate-of-return

Profit
Sharing

Cap
Regulation

Revenue
Sharing

Revenue
Cap

Price Cap

Yardstick

 Theory vs. practice:
- Differences between regimes in practice less strong.
- Depending on the details of the regulatory regime, differences might only exist in the name of the regime.
- Hybrid forms (combinations of regimes) frequently applied in practice.
- Almost all regimes require a calculation of the company’s cost and price levels.
Introduction to Network Regulation
28 October 2013
15
Type of Regulation – How should be regulated?
Cost-based Regulation – Rate of Return
 Principle:
Prices / revenues based on operating costs plus “fair” rate
of return on capital (cost recovery principle)

Rate-of-Return regulation
Return on Capital

 Application:
- Frequent (yearly) regulatory reviews
- Price setting theoretically by the companies, but in
practice regulator often determines prices directly
- Traditional form of regulation (USA)

Operating cost + Depreciation
Price

 Primary Objective:
limit profits, prevent companies from pricing above costs

Determined by regulator

Incentives for Efficiency Increase
Influenced by company

Practicability and Information Requirement
Regulatory Capture / Gaming

time

Potential for Over-/Underinvestment
Regulatory Risk

Introduction to Network Regulation
28 October 2013
16

weak
medium – high
high / low
overinvestment
low
Type of Regulation – How should be regulated?
Incentive Regulation – Cap Regulation
 Principle:
Establishes upper limit on prices or revenue

Cap regulation

 Application:
Current revenue level
Current revenue + Inflation
- Longer regulatory lag and regulatory period (3-5 years)
Current revenue + Inflation – productivity growth
- Requires explicitly productivity increase via the price
Actual Cost
formulas (X factor)
Efficiency gains
- Allows retention of efficiency gains; should address
Base level
for next
quality of supply
regulatory
Set by regulator
 Major Forms:
period
- linked caps (based on projection of capex and opex)
- unlinked caps (formula for adjustment of initial cost
base rather than projection)

Influenced by company

Incentives for Efficiency Increase
Influenced by company

Practicability and Information Requirement
Regulatory Capture / Gaming
time

Potential for Over-/Underinvestment
Regulatory Risk

Introduction to Network Regulation
28 October 2013
17

medium – strong

low - medium
low / high
underinvestment
medium
Type of Regulation – How should be regulated?
Incentive Regulation – Sliding Scale and Yardstick
Sliding Scale

Yardstick

 Principle:
Regulator sets target level of revenues the
company is permitted to keep; sharing scheme for
profits and losses

 Principle:
Prices or revenues linked to the costs of a peer
group of companies
 Application:
- Companies not allowed to charge higher prices
than the mean of the costs of peer group
- Few cases of practical application (Norway, the
Netherlands)
- Decouples allowed revenue from actual costs

 Application:
- Often together with cap regulation
- Sharing is usually done by adjusting the
allowed revenue for the next regulatory period
 Main Objective:
“fair” sharing of profits and risks between
company and customer
Incentives for Efficiency Increase

medium

Incentives for Efficiency Increase

Practicability and Information Requirement

medium

Practicability and Information Requirement

Regulatory Capture / Gaming

medium

Regulatory Capture / Gaming

Potential for Over-/Underinvestment

not clear

Potential for Over-/Underinvestment

Regulatory Risk

not clear

Regulatory Risk

Introduction to Network Regulation
28 October 2013
18

strong
medium - high
low
underinvestment
medium
Type of Regulation – How should be regulated?
Incentive Regulation – Linked and Unlinked Approaches
 Depending on the degree of coupling between costs and revenues the models using
incentive regulation can be divided into two major groups.
 Linked caps (building blocks): UK, Australia, Central and Eastern Europe (Slovenia,
Macedonia, Romania etc.)
- Allowed revenues based on explicit cost projections for the upcoming regulatory period
- Focus on operating cost efficiency and separate checks of capex plans
- Often supported by supplementary schemes: efficiency carry over, sliding scale

 Unlinked (decoupled) caps (often yardstick): Germany, Norway, the Netherlands,
Austria
- Allowed revenues based on regulatory formula (no explicit cost projections)
- Hindsight efficiency analysis using benchmarking on total costs including capital costs
- Often supported by supplementary schemes: quantity terms (pre-specified cost drivers)
incorporated in price control formulas, explicit investment allowances and caps on
inefficiency / floors on efficiency
Introduction to Network Regulation
28 October 2013
19
Agenda
1. Introduction to Electricity Regulation
2. Areas of Regulation
3. Scope of Regulation
4. Type of Regulation
5. Regulatory Institutions
6. Regulation in the EU

Introduction to Network Regulation
28 October 2013
20
Regulatory Institutions – Who regulates?
Roles in the Regulatory Process

Primary and Secondary
Legislation
Regulatory Determinations
Licenses (e.g. generation)
Rules (e.g. market rules)
Consultation and Position
Papers
Introduction to Network Regulation
28 October 2013
21
Regulatory Institutions – Who regulates?
Role of the Regulator

 Key tasks of the regulator:
- Transparent, consistent, predictable regulatory decisions (crucial for regulatory credibility)
- Consultation with stakeholders and communication with interested public

- Collection and conversion of data into regulatory decisions
- Identification of possible problems and solutions

 Key prerequisites:
- Clear transparent rules and procedures for the regulator in the legislation
- Legal basis for regulatory independence (in terms of appointment, decision making and
funding) from government and regulated firms
In order to ensure a transparent, consistent and predictable regulatory
framework without lobbying or governmental interventions, the law
must define rules and rights of the regulator and empower him.
Introduction to Network Regulation
28 October 2013
22
Agenda
1. Introduction to Electricity Regulation
2. Areas of Regulation
3. Scope of Regulation
4. Type of Regulation
5. Institutional Questions
6. Regulation in the EU

Introduction to Network Regulation
28 October 2013
23
Regulation in the EU
Status Quo of the European Electricity Industry
 Since 1996 the European Union has been
promoting the establishment of functional
competitive electricity markets.

 EU policy objectives: competitive markets,
secure supply and clean environment

 Competitive wholesale and retail electricity
supply

Generator

Supplier

Customer

 Strict unbundling requirements
 Regulated network infrastructure, nondiscriminatory network access

Generator

Wholesale
market

Generator

System
operation

Supplier

Customer

 Market integration policy
 National RES support schemes and
European ETS

Supplier

Transmission

Retail
market

Customer

 Independent national regulators
 Regional coordination policy and
institutional framework (framework
guidelines and codes)

Distribution

Introduction to Network Regulation
28 October 2013
24
Regulation in the EU
Timeline of the EU Electricity Legislation
2nd Internal Market Directive 2003

Concept of an Internal Market for Energy

› Directives 2003/54/EC (Electricity) and
Directive 2003/55/EC (Gas)
› Complete market opening
(full retail competition – 100% until July 2007)
› Regulated network access (only)
› Legal, functional and informational
unbundling
› Creation of independent regulatory agencies

› EU Commission working paper
› Aim: Creation of a single European energy
market:
– Cross-border transmission and trading
– Liberalisation
– Removal of distortions of competition

1988

1996

1998

2003

1st Internal Market Directive 1996/1998

2009

3rd Internal Market Directive 2009

› Directive 96/92/EC (Electricity) and
Directive 98/30/EC (Gas)
› Negotiated or regulated third party access
(to networks)
› Accounting unbundling
› Market opening – retail competition
(first steps – 25% until 1999)

› Directive 2009/72/EC (Electricity) and
Directive 2009/73/EC (Gas)
› Switching of supplier within 3 weeks
› Roll-out of Smart Metering until 2020 for 80%
of household customers
› Tightening of unbundling

Introduction to Network Regulation
28 October 2013
25
Regulation in the EU
Regulatory Price Control in the EU
 Revenue cap is the currently the most used price control method; selected countries using
revenue cap: Austria, Denmark, Germany, Great Britain, Ireland, Spain and Sweden
 Only a few countries use yardstick regulation: The Netherlands, Norway
 Although the general method applied is similar, regulatory regimes may be highly different due
to the concrete features and specification of details
 The design of regulatory models have been driven by several factors such as national and
regional energy policy, investment requirements, need for efficiency increase incentives, price
levels in the country, political and social factors and many more.

 Also, regulatory regimes in different countries exhibit different degree of maturity:
-

UK: 20 years history of price control, cap regulation, regulatory periods of 5 years
Norway: regulation since 1997, moved from cap to yardstick regulation in 2007
Netherlands: revenue caps 2001 to 2006, moved to yardstick regulation in 2007
Germany: started applying revenue caps in 2009
Austria: since 2006, revenue caps for electricity distribution and rate-of-return for electricity transmission
Several countries in Central and Eastern Europe: moved to cap regulation in the last few years

Introduction to Network Regulation
28 October 2013
26
End of Session 1.

Dr. Konstantin Petrov
Service Line Leader Markets & Regulation / Business Line Director Gas Consulting Services
DNV KEMA Energy & Sustainability
KEMA Consulting GmbH
Kurt-Schumacher-Str. 8
53113 Bonn

Tel: +49 228 44690 56
Fax: +49 228 4469099
Mobile: +49 173 515 1946
E-mail: konstantin.petrov@dnvkema.com

Introduction to Network Regulation
28 October 2013
27
www.dnvkema.com

Introduction to Network Regulation
28 October 2013
28

Principles of Price Regulation

  • 1.
    Introduction to NetworkRegulation Module 1: Principles of Price Regulation Dr. Konstantin Petrov, DNV KEMA 28 October 2013
  • 2.
    Agenda 1. Introduction toElectricity Regulation 2. Areas of Regulation 3. Scope of Regulation 4. Type of Regulation 5. Regulatory Institutions 6. Regulation in the EU Introduction to Network Regulation 14 October 2013
  • 3.
    Introduction to ElectricityRegulation Why regulate?  Competition provides the best service to customers in terms of price and quality of service. But competition is not feasible in all segments of the power sector. In areas where competition does not work (e.g. natural monopoly such as electricity networks) or is legally excluded (exclusive rights given by the law), regulation is needed.  The major regulatory objectives are to: - protect consumer interests and eliminate monopoly inefficiency ensure financial viability of industry participants (efficient cost coverage) ensure equal conditions and non-discrimination of all sector participants improve conditions for competition where possible  Regulation is defined as a state intervention that is applied to various company specific (e.g. prices, revenues, quality of supply) or integral parameters (e.g. market entry / market design). Introduction to Network Regulation 28 October 2013 3
  • 4.
    Introduction to ElectricityRegulation Characteristics of Electricity (Networks) Load flow from generator to consumer uncontrollable and unpredictable Economies of Scale and Scope Investments are capital intensive Characteristics of Electricity (Networks) Sunk costs Transmission network capacity should be able to accommodate peak load Introduction to Network Regulation 28 October 2013 4 Network capacity depends on the location of generation and load within the network Production needs to equal demand plus reserve margin at every point of time
  • 5.
    Introduction to ElectricityRegulation Balancing Interests  Regulation must balance obligations to both customers and regulated companies and also the costs and benefits of the regulatory system itself. Customer and Company Interests Costs and Benefit of Regulatory System Price reductions Fair return Distortions to industry structure Prevention of monopoly abuse Protection against monopoly abuse Profit opportunities Costs of operating regulation Efficiency savings and lower costs Introduction to Network Regulation 28 October 2013 5
  • 6.
    Introduction to ElectricityRegulation Choice of Regulatory Regime  The choice of an adequate regulatory regime requires a definition of the area, scope and type of regulation, as well as the establishment or assignment of an institution responsible for regulatory issues. Areas of Regulation Scope of Regulation What should be regulated? Type of Regulation How should be regulated? Regulatory Institutions Choice of Regulatory Regime Where should be regulated? Who regulates? Introduction to Network Regulation 28 October 2013 6
  • 7.
    Agenda 1. Introduction toElectricity Regulation 2. Areas of Regulation 3. Scope of Regulation 4. Type of Regulation 5. Regulatory Institutions 6. Regulation in the EU Introduction to Network Regulation 28 October 2013 7
  • 8.
    Areas of Regulation– Which areas should be regulated? Regulated and Competitive Elements Power Generation Power Transmission Power Distribution Retail Supply System Dispatch Services subject to regulatory control Competitive services Potentially competitive services Ancillary Services Wholesale Supply Metering and Billing Introduction to Network Regulation 28 October 2013 8
  • 9.
    Areas of Regulation– Which areas should be regulated? Regulation should focus on the network segment  Traditionally, all business areas in network industries (such as the electricity sector) had naturally been regarded as monopolies not subject to competition.  However, only the network business is characterised by large sunk costs and economies of scale and scope, which generate stable market power for incumbent network owners.  Other business areas of the sector (such as production, wholesale and retail) can be provided in a competitive process.  A fair and non-discriminatory regulation framework for the transmission and distribution networks has important implications for supporting wholesale competition (electricity generation) and retail competition (end-user supply) Introduction to Network Regulation 28 October 2013 9
  • 10.
    Agenda 1. Introduction toElectricity Regulation 2. Areas of Regulation 3. Scope of Regulation 4. Type of Regulation 5. Regulatory Institutions 6. Regulation in the EU Introduction to Network Regulation 28 October 2013 10
  • 11.
    Scope of Regulation– What should be regulated? Regulatory Controls Regulatory Controls Price Control     Revenue / tariff setting Efficiency incentives Investment sufficiency Innovation Quality of Supply  Commercial quality  Continuity of supply (reliability)  Technical quality Market Functioning  Market design / market rules  System / network Other  Unbundling  Security of supply  Innovation rules  Market monitoring  Market integration Regulation should ensure: functional market design, reasonable prices and reasonable quality of supply for regulated services. Introduction to Network Regulation 28 October 2013 11
  • 12.
    Scope of Regulation– What should be regulated? Elements of Price Control Setting Revenue Requirements – Setting an allowance for operation and maintenance cost – Setting capital cost allowance (including provisions for asset valuation and depreciation methods, regulatory asset base, cost of capital) Price / Revenue Adjustments – Setting a price control formula – Application of adjustment factors: productivity increases, price and volume adjustment – Defining length of price control period Efficiency Assessment – Assessment of inefficiency of regulated service providers (Benchmarking) – Techniques: non-parametric models (Data Envelopment Analysis), parametric models (Corrected Ordinary Least Square, Stochastic Frontier Analysis), engineering models Tariff Design – Tariff structures: e.g. use of network charges / connection charges, demand charges / energy charges / standing charges – Cost allocation: differentiation for voltage level, location, time of use, energy use / peak demand Introduction to Network Regulation 28 October 2013 12
  • 13.
    Scope of Regulation– What should be regulated? Elements of Quality of Supply Continuity of Supply – Reliability of electricity supply – Performance indicators (number and frequency of interruptions) Technical Quality – Physical properties of electricity – Performance indicators (voltage variation, dips, flickers) Commercial Quality – Customer service quality – Performance indicators (complaints from consumers, response time to consumer complaints, appointments with consumers) Introduction to Network Regulation 28 October 2013 13
  • 14.
    Agenda 1. Introduction toElectricity Regulation 2. Areas of Regulation 3. Scope of Regulation 4. Type of Regulation 5. Regulatory Institutions 6. Regulation in the EU Introduction to Network Regulation 28 October 2013 14
  • 15.
    Type of Regulation– How should be regulated? Forms of Regulatory Price Control Regulatory price controls Cost-based Regulation Incentive Regulation Sliding Scale Regulation Rate-of-return Profit Sharing Cap Regulation Revenue Sharing Revenue Cap Price Cap Yardstick  Theory vs. practice: - Differences between regimes in practice less strong. - Depending on the details of the regulatory regime, differences might only exist in the name of the regime. - Hybrid forms (combinations of regimes) frequently applied in practice. - Almost all regimes require a calculation of the company’s cost and price levels. Introduction to Network Regulation 28 October 2013 15
  • 16.
    Type of Regulation– How should be regulated? Cost-based Regulation – Rate of Return  Principle: Prices / revenues based on operating costs plus “fair” rate of return on capital (cost recovery principle) Rate-of-Return regulation Return on Capital  Application: - Frequent (yearly) regulatory reviews - Price setting theoretically by the companies, but in practice regulator often determines prices directly - Traditional form of regulation (USA) Operating cost + Depreciation Price  Primary Objective: limit profits, prevent companies from pricing above costs Determined by regulator Incentives for Efficiency Increase Influenced by company Practicability and Information Requirement Regulatory Capture / Gaming time Potential for Over-/Underinvestment Regulatory Risk Introduction to Network Regulation 28 October 2013 16 weak medium – high high / low overinvestment low
  • 17.
    Type of Regulation– How should be regulated? Incentive Regulation – Cap Regulation  Principle: Establishes upper limit on prices or revenue Cap regulation  Application: Current revenue level Current revenue + Inflation - Longer regulatory lag and regulatory period (3-5 years) Current revenue + Inflation – productivity growth - Requires explicitly productivity increase via the price Actual Cost formulas (X factor) Efficiency gains - Allows retention of efficiency gains; should address Base level for next quality of supply regulatory Set by regulator  Major Forms: period - linked caps (based on projection of capex and opex) - unlinked caps (formula for adjustment of initial cost base rather than projection) Influenced by company Incentives for Efficiency Increase Influenced by company Practicability and Information Requirement Regulatory Capture / Gaming time Potential for Over-/Underinvestment Regulatory Risk Introduction to Network Regulation 28 October 2013 17 medium – strong low - medium low / high underinvestment medium
  • 18.
    Type of Regulation– How should be regulated? Incentive Regulation – Sliding Scale and Yardstick Sliding Scale Yardstick  Principle: Regulator sets target level of revenues the company is permitted to keep; sharing scheme for profits and losses  Principle: Prices or revenues linked to the costs of a peer group of companies  Application: - Companies not allowed to charge higher prices than the mean of the costs of peer group - Few cases of practical application (Norway, the Netherlands) - Decouples allowed revenue from actual costs  Application: - Often together with cap regulation - Sharing is usually done by adjusting the allowed revenue for the next regulatory period  Main Objective: “fair” sharing of profits and risks between company and customer Incentives for Efficiency Increase medium Incentives for Efficiency Increase Practicability and Information Requirement medium Practicability and Information Requirement Regulatory Capture / Gaming medium Regulatory Capture / Gaming Potential for Over-/Underinvestment not clear Potential for Over-/Underinvestment Regulatory Risk not clear Regulatory Risk Introduction to Network Regulation 28 October 2013 18 strong medium - high low underinvestment medium
  • 19.
    Type of Regulation– How should be regulated? Incentive Regulation – Linked and Unlinked Approaches  Depending on the degree of coupling between costs and revenues the models using incentive regulation can be divided into two major groups.  Linked caps (building blocks): UK, Australia, Central and Eastern Europe (Slovenia, Macedonia, Romania etc.) - Allowed revenues based on explicit cost projections for the upcoming regulatory period - Focus on operating cost efficiency and separate checks of capex plans - Often supported by supplementary schemes: efficiency carry over, sliding scale  Unlinked (decoupled) caps (often yardstick): Germany, Norway, the Netherlands, Austria - Allowed revenues based on regulatory formula (no explicit cost projections) - Hindsight efficiency analysis using benchmarking on total costs including capital costs - Often supported by supplementary schemes: quantity terms (pre-specified cost drivers) incorporated in price control formulas, explicit investment allowances and caps on inefficiency / floors on efficiency Introduction to Network Regulation 28 October 2013 19
  • 20.
    Agenda 1. Introduction toElectricity Regulation 2. Areas of Regulation 3. Scope of Regulation 4. Type of Regulation 5. Regulatory Institutions 6. Regulation in the EU Introduction to Network Regulation 28 October 2013 20
  • 21.
    Regulatory Institutions –Who regulates? Roles in the Regulatory Process Primary and Secondary Legislation Regulatory Determinations Licenses (e.g. generation) Rules (e.g. market rules) Consultation and Position Papers Introduction to Network Regulation 28 October 2013 21
  • 22.
    Regulatory Institutions –Who regulates? Role of the Regulator  Key tasks of the regulator: - Transparent, consistent, predictable regulatory decisions (crucial for regulatory credibility) - Consultation with stakeholders and communication with interested public - Collection and conversion of data into regulatory decisions - Identification of possible problems and solutions  Key prerequisites: - Clear transparent rules and procedures for the regulator in the legislation - Legal basis for regulatory independence (in terms of appointment, decision making and funding) from government and regulated firms In order to ensure a transparent, consistent and predictable regulatory framework without lobbying or governmental interventions, the law must define rules and rights of the regulator and empower him. Introduction to Network Regulation 28 October 2013 22
  • 23.
    Agenda 1. Introduction toElectricity Regulation 2. Areas of Regulation 3. Scope of Regulation 4. Type of Regulation 5. Institutional Questions 6. Regulation in the EU Introduction to Network Regulation 28 October 2013 23
  • 24.
    Regulation in theEU Status Quo of the European Electricity Industry  Since 1996 the European Union has been promoting the establishment of functional competitive electricity markets.  EU policy objectives: competitive markets, secure supply and clean environment  Competitive wholesale and retail electricity supply Generator Supplier Customer  Strict unbundling requirements  Regulated network infrastructure, nondiscriminatory network access Generator Wholesale market Generator System operation Supplier Customer  Market integration policy  National RES support schemes and European ETS Supplier Transmission Retail market Customer  Independent national regulators  Regional coordination policy and institutional framework (framework guidelines and codes) Distribution Introduction to Network Regulation 28 October 2013 24
  • 25.
    Regulation in theEU Timeline of the EU Electricity Legislation 2nd Internal Market Directive 2003 Concept of an Internal Market for Energy › Directives 2003/54/EC (Electricity) and Directive 2003/55/EC (Gas) › Complete market opening (full retail competition – 100% until July 2007) › Regulated network access (only) › Legal, functional and informational unbundling › Creation of independent regulatory agencies › EU Commission working paper › Aim: Creation of a single European energy market: – Cross-border transmission and trading – Liberalisation – Removal of distortions of competition 1988 1996 1998 2003 1st Internal Market Directive 1996/1998 2009 3rd Internal Market Directive 2009 › Directive 96/92/EC (Electricity) and Directive 98/30/EC (Gas) › Negotiated or regulated third party access (to networks) › Accounting unbundling › Market opening – retail competition (first steps – 25% until 1999) › Directive 2009/72/EC (Electricity) and Directive 2009/73/EC (Gas) › Switching of supplier within 3 weeks › Roll-out of Smart Metering until 2020 for 80% of household customers › Tightening of unbundling Introduction to Network Regulation 28 October 2013 25
  • 26.
    Regulation in theEU Regulatory Price Control in the EU  Revenue cap is the currently the most used price control method; selected countries using revenue cap: Austria, Denmark, Germany, Great Britain, Ireland, Spain and Sweden  Only a few countries use yardstick regulation: The Netherlands, Norway  Although the general method applied is similar, regulatory regimes may be highly different due to the concrete features and specification of details  The design of regulatory models have been driven by several factors such as national and regional energy policy, investment requirements, need for efficiency increase incentives, price levels in the country, political and social factors and many more.  Also, regulatory regimes in different countries exhibit different degree of maturity: - UK: 20 years history of price control, cap regulation, regulatory periods of 5 years Norway: regulation since 1997, moved from cap to yardstick regulation in 2007 Netherlands: revenue caps 2001 to 2006, moved to yardstick regulation in 2007 Germany: started applying revenue caps in 2009 Austria: since 2006, revenue caps for electricity distribution and rate-of-return for electricity transmission Several countries in Central and Eastern Europe: moved to cap regulation in the last few years Introduction to Network Regulation 28 October 2013 26
  • 27.
    End of Session1. Dr. Konstantin Petrov Service Line Leader Markets & Regulation / Business Line Director Gas Consulting Services DNV KEMA Energy & Sustainability KEMA Consulting GmbH Kurt-Schumacher-Str. 8 53113 Bonn Tel: +49 228 44690 56 Fax: +49 228 4469099 Mobile: +49 173 515 1946 E-mail: [email protected] Introduction to Network Regulation 28 October 2013 27
  • 28.
    www.dnvkema.com Introduction to NetworkRegulation 28 October 2013 28