Disputes and the Resolution Process
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- Loren McLaughlin
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1 The Energy Regulatory Office of Kosovo and The Illinois Commerce Commission Partnership Activity November 05, 2009 Prishtina, Republic of Kosovo Sponsored by the: United States Agency for International Development (USAID) National Association of Regulatory Utility Commissioners (NARUC) Presentation on: Disputes and the Resolution Process Customer Protection Department 1
2 Energy Regulatory Office Content: Purpose ad role of ERO; Legal base; Types of Disputes; Dispute Settlement Procedure; Analyses of a customer dispute by CPD Analyses of a customer dispute by energy enterprise; Contractual obligation between Supply and Customers; Evidential problems; 2
3 Purpose ad role of ERO To protect interests of customers in Energy sector; Resolve disputes among customers and the licenses, and among the licenses; Ensure the equal treatment of all customers in Kosovo with respect to their rights and obligations through transparent legal rules and procedures; To monitor and control services of the licensees to customers in the energy sector. 3
4 Legal Bases Laws on Energy Sector: Law No. 2004/9 on Energy Regulator Law No / 8on Energy Law No. 2004/ 10 on Electricity Law on Customer Protection; Rule on Dispute Settlement Procedure in the Energy Sector; Rule on General Condition of Energy Supply; Rule on disconnection and reconnection of customers in Energy Sector in Kosova; Distribution Code; Metering Code; Supply Contract with electricity for household and nonhousehold customers; 4
5 Types of Disputes Non regular meter reading; Unmeasured electricity bill; Unauthorised use of electricity, theft, and tampering with electric meters etc; Flat rate; Transfer of debt from one code to another; ABC Plan; Individual and collective disconnection; Tax of RTK; 5
6 Dispute Settlement Procedure part I Supplier Dispute Customer As soon as possible Max. 30 days Complaint of the customer in energy enterprise Decision of the supplier Closure of the process; Supplier registers a decision in the registration of the complaints. Appeal of the decision in CPD of ERO Within 14 days Supplier registers an agreement and notifies ERO Invites parties on ADR CPD in ERO Registers a complaint Process results with success 6
7 Dispute Settlement Procedure part II If ADR fails Supplier CPD of ERO Customer Within 14 days Within days CPD issues e decision/recommendatio n Appeals the CPD decision in ERO Board Unsatisfied party Within 14 days Closure of the process; CPD registers a decision Within 14 days ERO Board Fton Issues palët a për Decision ZAK Appeal of ERO Board decision in court Within 60 days Unsatisfied party Within 14 days 7
8 Analyses of a customer dispute by CPD Disputes in 2009 Period Registered Solved Total Disputes Registered Solved Period Disputes in 2009 Registered Solved Solved, 117, 31% Registered, 259, 69% Registered Solved 8
9 Number of Customers in Kosova Tariff G ro u p Voltage le ve l o f supply 110kV 35kV 10kV 0.4 k V C ategory I ( large re activ e pow er custom ers) Category II (d om e stic, 2 rate m e te r) (d om e stic, 1 rate m e te r) (dom e stic unm etered) P u b lic ligh tin g Number o f Custom er Number of Customers kV 35kV 10kV 0.4 kv Cat. I (l.r.p) Category II (domestic, 2 r.m) (domestic, 1 r.m) (domestic unmetered) Public lighting Tariff Group 9
10 Analyses of a customer dispute by energy enterprise Disputes from 01 09/2009 All districts Total Registered Solved DPR DPZ DPE DFE DGL DMI DGJ Total january september 2009 Disputes DPR DPZ DPE DFE DGL DMI DGJ Registered Solved Districts MITROVICA Disputes 01 09/2009 PEJA PRISHTINA GJAKOVA FERIZAJ GJILAN PRIZRENI Registered Solved 10
11 Contractual obligation between Supply and Customers Customer contractual rights are: a) To be supplied with electricity from the supplier as it is defined in the contract, in rule on general condition, in connection agreement, and quality of service and supply according to standards. b) To be compensated in case of non performance of supplier with quality of supply and service according to standards Customer contractual obligation are: a) To use electricity according to this contract b) To spare from all unauthorized use of electricity, defect of metering point or metering equipment c) To pay bill according to the tariffs in force, within the time limit set in rules and procedures, for all electricity consumed; d) To inform immediately the supply about the changes in this contract such as: address, phone number, bank account etc. 11
12 Contractual obligation between Supply and Customers Supplier contractual rights and obligation are: a) To supply customer with electricity according to connection agreement; b) To ensure accurate and regular meter reading of the electricity consumption; c) To ensure accurate bill of electricity of the electricity consumption; d) To offer customers immediate notice, if there is a planned interruption, according to standards that will be set; e) To try to inform customers about the unplanned interruptions; f) To try to reestablish supply as fast as they can according with standards that will be set g) To collect and monitor the electricity consumption of the customers and to notify about any irregularity h) To be compensated about any defect or loss that are proved and caused by customer, as a result of breaching of articles in the Rule on disconnection and reconnection; 12
13 Evidential problems We don t have set authentic requests for service quality, but we are limited only in some quality indicators, without indicating real quality indicators. It is not defined a compensating methodology in cases of non performance of the specific requests. There are no standards regarding the collection of the data for performance of such requests. In the existing documents it is not foreseen any economic effects such as incentives for development of services, also the penalties of not performing the requests. Unauthorized use of energy, theft and tempering of meter. 13
14 Thank you for you attention Energy Regulatory Office Hamdi Mramori Street no 1, Prishtina, Republic of Kosova ks.org 14
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