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Alberto Pototschnig, Director de ACER

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V SIMPOSIO EMPRESARIAL INTERNACIONAL FUNSEAM: LOS RETOS DEL SECTOR ENERGÉTICO

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D. Antonio Brufau, Presidente de Repsol
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La regulación en la consecución de los Retos Energéticos: el papel de ACER: D. Alberto Pototschnig, Director de ACER

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Alberto Pototschnig, Director de ACER

  1. 1. La regulación en la consecución de los Retos Energéticos: el papel de ACER Alberto Pototschnig Director Simposio Empresarial Internacional FUNSEAM “Retos para el Sector Energético” Barcelona, 6 Febrero 2017
  2. 2. 2 The Long-Term EU Energy Policy Goals Efficiency Sustainability Security of Supply
  3. 3. “The purpose of the Agency is to assist the NRAs in exercising, at Union level, the regulatory tasks performed in the Member States and, where necessary, to coordinate their action” Therefore, ACER is NOT a European Energy Regulator but an EU body responsible for promoting regulatory cooperation and for coordinating NRAs’ activities in the EU … which plays a CENTRAL ROLE in the new institutional framework introduced by the Third Package … with a WIDENING MISSION ACER Mission 3
  4. 4. ACER – an Expanding Role Third Energy Package Directives 2009/72/EC and 2009/73/EC Regulations (EC) No 713/2009, No 714/2009 and No 715/2009 ACER Regulation No 1227/2011 on Wholesale Energy Market Integrity and Transparency (REMIT) Regulation No 347/2013 on guidelines for trans- European energy infrastructure 4
  5. 5. Types of acts which ACER can adopt Opinions and Recommendations TSOs/ENTSOs NRAs European Parliament EU Council European Commission Individual decisions in specific cases (residual power) ACER’s current mandate (1) 5
  6. 6. Opinions on Infrastructure Planning Ten-Year Network Development Plans Lists of Projects of Common Interest (PCIs) NRA Support and Coordination Decisions on Terms and Conditions for Access to/Operational Security of Cross-border Infrastructure, Exemptions and Cross-border Cost Allocation Framework Guidelines for Network Codes ACER Market Monitoring Access (incl. RES), Retail Prices and Consumers’ Rights Wholesale Trading (REMIT) ACER’s current mandate (2) 6
  7. 7. In the EU Internal Electricity Market, a large share of the physical interconnection capacity is not used for trading Share of the aggregated thermal capacity of interconnectors made available for trading – 2015 (%) Source: Vulcanus, ENTSO-E YS&AR (2014), EW Template (2016), Nord Pool Spot, and ACER calculations. Note: HVDC refers to high voltage direct current and HVAC refers to high voltage alternating current. HVDC - 84% HVAC - 28% 7
  8. 8. CSMs HLP3: the costs of remedial actions should be shared based on the ‘polluter-pays principle’ where the unscheduled flows over the overloaded network elements should be identified as ‘polluters’ and they should contribute to the costs in proportion to their contribution to the overload HLP1: limitations on internal network elements should not be considered in the CCMs Recommendation No 02/2016 of 11 November 2016 on High- Level Principles (HLP) for: .the common capacity calculation methodologies (CCMs) .the redispatching and countertrading cost sharing methodologies (CSMs) CCMs HLP2: the capacity of the cross-zonal network elements considered in the CCMs should not be reduced in order to accommodate loop flows 8
  9. 9. 9 ACER’s Opinions, Recommendations and Decisions (2011 – 2016) Opinions 96 Recommendations 26 Decisions 24 - of which: Framework Guidelines 8 REMIT implementation 13 Investment requests/CBCA 2 “all NRA” Dec. referred to ACER 1
  10. 10. The European Energy Union Energy Union Energy security, solidarity and trust A fully- integrated Internal Energy Market Energy efficiency/ moderation of energy demand Decarboni- sation of the economy Research and Innovation 10
  11. 11. “EU-wide regulation of the single market should be strengthened, through a significant reinforcement of the powers and independence of ACER to carry out regulatory functions at the European level in order to enable it to effectively oversee the development of the internal energy market and the related market rules as well as to deal with all cross-border issues necessary to create a seamless internal market.” Communication from the Commission, A Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy, COM(2015) 80 final, 25.2.2015, page 9 11 The Energy Union Strategy and ACER
  12. 12. “ACER acts primarily through recommendations and opinions and has very limited decision-making rights. In line with the increased cooperation of system operators, the powers and independence of ACER may need to be reinforced so that it is able to carry out regulatory functions at European level where needed. ACER could then arbitrate in regional and EU level disputes. The reinforcement of the powers of ACER could include giving the agency the power to adopt directly applicable and binding decisions on EU-level initiatives and cross-border issues and introduction of enforcement powers to ensure compliance with such decisions.” Communication from the Commission launching the public consultation process on a new energy market design, COM(2015) 340 final, 15.7.2015, par. 3.4 12 The New Energy Market Design and ACER
  13. 13. 13 Implementing the Energy Union Strategy: the “Clean Energy for All Europeans” proposal Internal Energy Market Measures Efficiency Sustainability Security of Supply Efficient use of cross-border interconnectors Promoting best use of resources Reducing capacity requirements Efficient infrastructure development Promoting best use of resources Supporting RES penetration Diversification of routes and sources EU Resource Adequacy Assessment Cross-border adequacy support Identifying SoS threats Risk Preparedness Identifying responses to SoS crises Enhanced market design promoting flexibility Promoting wider market participation Supporting variable RES penetration Reducing capacity requirements Demand response Providing market-based peak shaving Supporting variable RES penetration Reducing capacity requirements
  14. 14. ACER – an Expanding Role ACER Regulation No 1227/2011 on Wholesale Energy Market Integrity and Transparency (REMIT) Regulation No 347/2013 on guidelines for trans- European energy infrastructure 14 “Clean Energy for All Europeans” Package Third Energy Package Directives 2009/72/EC and 2009/73/EC Regulations (EC) No 713/2009, No 714/2009 and No 715/2009
  15. 15. Sept 2014: Possible areas for reinforcement of ACER’s powers (“Bridge to 2025”) Oversight of ENTSOs and other Bodies - Increasingly important role of ENTSOs - ACER to have effective oversight of the ENTSOs in respect of their EU-wide activities - Similar oversight of other bodies with critical or monopoly IEM functions Stronger NRAs Coordination - ACER to replace “all NRAs” in taking CACM 3rd level decisions Monitoring of Markets - ACER to be given the powers to require, and not only request, from all EU energy-sector entities the information which it needs to fulfil its monitoring mission 15
  16. 16. The proposed new tasks for ACER at a glance 16 .Directly reviewing and finalising Network Code proposals for submission to the Commission .Directly deciding on terms and conditions or methodologies for Network Code implementation (current “all NRA” decision) .Deciding on the methodology and assumptions for the bidding-zone review .Defining methodologies for a coordinated European Adequacy Assessment .Defining technical parameters for the cross-border participation in capacity mechanisms .Coordinating national actions related to risk preparedness .Overseeing Regional Operation Centres .Supporting the creation of a EU DSO Entity .Possibility of issuing recommendation to NRAs and market players, on its own initiative
  17. 17. Network Codes NC Development - ACER to revise the NC proposal and submit it directly to the Commission - ACER to propose amendments of the NC NC Implemen- tation - ACER to replace “all NRAs” in approving terms and conditions or methodologies for the implementation of Network Codes and Guidelines Bidding-zone Review Process - ACER to approve (or request amendments of) the methodology and assumptions that will be used in the bidding zone review process 17
  18. 18. Regional Cooperation and Coordination NRAs - ACER to promote cooperation between NRAs at regional and EU level to ensure interoperability, communication and monitoring of regional performance in those areas which are still not harmonised at EU level Regional Operational Centres (ROCs) - ACER, in close cooperation with NRAs and ENTSO-E, to monitor and analyse the performance of ROCs, and to: - decide on the configuration of system operation regions - request information from ROCs - issue opinions and recommendations to the Institutions - issue opinions and recommendations to the regional groups of NRAs and to ROCs 18
  19. 19. NEMOs and the EU DSO Entity NEMOs - Beyond monitoring the NEMOs in establishing their functions, ACER to: - issue recommendations to the Commission - request information from NEMOs where appropriate EU DSO Entity - ACER to provide administrative support to the DSOs in developing the draft statutes, the list of registered members and other rules for the EU DSO Entity to be established - ACER to provide an opinion on those drafts 19
  20. 20. Generation Adequacy and Risk Preparedness Generation Adequacy - ACER to approve and, where necessary, amend: - the proposals for methodologies and calculations related to the European resource adequacy assessment - the proposals for technical specifications for cross-border participation in capacity mechanisms 20 Risk Preparedness - ACER to approve and, where necessary, amend the methodologies for: - identifying electricity crisis scenarios at a regional level - short-term adequacy assessments
  21. 21. Electricity and Gas Sector Monitoring Wider Monitoring Remit - ACER to monitor not only: - retail prices of electricity and natural gas - compliance with the consumer rights - access to the networks, including access of electricity produced from RES but also: - potential barriers to cross-border trade - state interventions preventing prices from reflecting actual scarcity - the performance of the Member State in the area of the electricity security of supply, based on the results of the European resource adequacy assessment - exceptional compensation payments between aggregators and balancing responsible parties HOWEVER, NO POWERS TO REQUIRE INFORMATION FOR MONITORING PURPOSES 21
  22. 22. Thank you for your attention Thank you for your attention

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