Experience of multisectoral regulation: succeeded and achievable yet - electronic communications waste management
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Experience of multisectoral regulation: succeeded and achievable yet electronic communications waste management Prof. Edvins Karnitis Public Utilities railway Commission post water natural gas district electricity heating
Policy of the EU related to SGEI: too soft aiming at unified approach White Paper on services of general interest; COM(2004)374; Services of general interest, including social services of general interest: a new European commitment; COM(2007)725; sectoral Directives – the first steps only: electricity and gas; electronic communications and post; Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community; Protocol on services of general interest; 2007; Multisectoral problems: too little coordination and consistency in European Commission; the result – inconsistency on national scale
Treaty of Lisbon amending the Treaty on EU and the Treaty establishing the European Community Protocol on services of general interest The shared values of the Union in respect of services of general economic interest … include in particular: the essential role and the wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest as closely as possible to the needs of the users; a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights.
Advantages of the multi-sectoral model: harmonized regulation component of the national strategic issues: consistence with economy, state intervention level, social policy, etc.; unified essence: provision of services of general economic interest; partial transition to competition; service providers – multi-utility companies; technological convergence of services; consumers – users of various services; small country factor: analogous environment on whole territory, effective resource utilization – strong independent regulatory body; knowledge management: unified strategy, methodology, principles and instruments, adoption of methods and experience considering sectoral peculiarities.
EU countries: looking for efficient regulatory model historical experience – state regulators in USA; Luxembourg – mechanical composition of sectoral regulation; UK – merging various subsectoral regulators; Latvia – real multisectoral regulator; Germany – joining energy and railways regulation to electronic services regulator; Estonia – joining all sectoral regulators with competition authority; Lithuania, Hungary – merge planning; Spain – united decision making board; Stochastic changes or advanced trend?
Similar trend vs different level of sectors liberalization sectoral Hirschmann-Hirfendal Indexes Electronic communications 2405 – unified 1783 Electronic communications 3861 2006 – fixed 3283 2010p Electronic communications 4815 – mobile 3802 4962 Post 4443 9828 Electricity 7727 10000 Natural gas 10000 0 2000 4000 6000 8000 10000 Concentrated market Competitive market Moderately concentrated market Monopoly Source: PUC
Quality of regulation: unified microlevel regulatory procedures coupled with observation of sectoral individualities Regulations on issuing licenses for provision of services and general authorisation; Regulations on information submission by service providers; Provisions on cooperation and consultation with service providers and consumers; Unified methodological principles for determination of tariffs for services; Procedure for acquaintance with tariff projects; Future tasks: Regulations on dispute solving; Regulations on documents to submit for tariff approval; Regulations on administrative costs that are included in tariffs;
Harmonisation problems or intersectoral benefits unbundling in energetics (generation, transmission, distribution) – structural separation (electronic services); critical infrastructure, transmission and distribution networks (wires and pipelines) – frequencies, secondary trading; market analysis – energy supply, postal services; universal service – unification of models and algorithms (electronic communications, postal services, energy supply); Coordination problems of multisectoral regulation are much lower than those with lot of sectoral regulations
Usage of SGEI and payments for them (2009) 100% 100% 100% 100% 100% 6,2% 7,0% 6,1% Comparative 6,0% average 90% 5,3% 5,3% usage of 82% 5,0% services by 80% household 3,6% 4,0% 71% 71% 70% Payment for 65% used 3,0% 1,9% services, % 60% 2,7% from 2,0% household 1,8% budget 50% 1,0% All hou- 1st All hou- 1st All hou- 1st All hou- 1st seholds quintile seholds quintile seholds quintile seholds quintile Average – 15,1% Electronic Electricity Natural gas District heating 1st quintile – 17,8% communications supply supply Source: CSB Latvia
Unified innovative universal service model US fund Obligations have to be Electronic services Combined put on all providers: financing: equality and solidarity Natural gas providers > 90% Service Post budget < 10% P provider 1 District heating Government Service (budget) P Electricity provider 2 Service Unified: P provider 3 principles, methodology, US provider P procedures, Standard management US customers Sector specific: customer services, indicators, Advanced approach to set of services financing
US financing: prognoses 2014 Max rate Sector Support Monthly Yearly Total of duty principle (Ls) (Ls) (1000’Ls) (% of turnover) El. com. (low income) 1st quint. p.c. 7,30 87,60 7 538 1,56% El. com. (invalid) Average p.c. 10,30 123,60 1 182 0,24% Electricity (low income) Average p.c. 7,50 90,00 8 000 1,59% Nat. gas (low income) Average p.c. 4,35 52,20 2 000 0,61% Distr. heat. (low income) Average p.c. 10,90 130,80 8 140 2,61% Post (all population) Per item 0,007 700 1,52% strongly directed support; any sectoral service provider (standard of quality!) have a chance to become the US provider; individual tendering; Source: PUC
Combined structure of the PUC vs fragmented skills 5+5 Board Electronic Municipal 52 Energetics Communications Services and Department and Post Railway Department Department Economic Analysis Department Regional 25 branches Legal Department Dr. Sc. – 7 harmonized decision Mg. Sc. – 53 Higher ed. – 37 making; Others – 10 sectoral support;
Capacity of the PUC vs capacity of shareholders 90 bilj. EUR 78,2 80 70 Turnover of shareholders, 2010 or the latest available 60 51,0 50 40 30 GDP Latvia - 20,9 20 18,1 10,4 11,9 8,1 6,3 10 4,5 0 Dalkia E.ON Gaz- Fortum TNT DHL Tele2 Telia- Ruhrgas prom Sonera Sources: company reports
Quality of decisions: court verdicts on PUC’s decisions (2002–2010) District Court 10 23 10 12 Regional Court 6 11 3 9 Withdraw Supreme Court 1 10 11 Won Lost Under process Complaints 0 5 10 15 20 25 30 35 40 45 50 55 Only one lost process in Latvia’s court and another one in Stockholm arbitration Source: PUC
Independence level of the PUC: relatively high but has to be improved independence of decision-makers – good; institutional independence – worse; supervision problems: PUC decisions for third parties; involvement in current activities non- related to regulation; normative initiative: long process, approach of the ME; financial independence (0,17% of utilities’ turnover + chapter in the national budget) – insufficient; autonomy problems: budgetary autonomy is not implemented in the budgetary law; lack of autonomy in spending of the allocated budget; lack of adequate financial / human resources; unachievable for sectoral regulator level of real independence; necessity of higher level – changes in the Satversme (Constitution);
Strong balanced regulation: to keep equal distance from all involved parties Problems erected by breach of the balance: municipal regulators – the major weakness of the Latvia’s Government regulatory system in the past; recently eliminated; composition principles for PUC electricity basket –high tariffs, court processes; Utility Consumer dilatory revaluation of Latvenergo infrastructure – low quality of services; Could politically approved overdue implementation of decision makers be experts universal service principles – in regulated sectors? debt payments for electricity, gas and district heating; Yes, could be.
Multi-sectoral model: functional imperfections inharmonized political and normative environment; follow-up problems: tendency in sectoral ministries: to perform regulatory functions and to be shareholder of state-owned service providers; lack of technological regulatory instruments in framework of the PUC; regular infringement proceedings against Latvia concerning regulatory procedures; tendency to decrease functionality of the PUC: planning of spectrum and numbering; setting of cogeneration tariffs; reform of railway infrastructure;
SGEI in EU and Latvia: consumers’ evaluation (2010) 90 Evaluation 85,3 85,6 88,6 86,8 85 83,4 81,7 82,9 81,1 80,2 80,7 79 77,9 80 77,3 77,1 75,1 73,6 74,4 75 72,6 72,6 72,9 71,4 70,8 69,9 70 65,4 65 60 Postal Water Network Fixed Electricity Mobile Railways Internet services supply gas telephony telephony service & couriers provision EU 27 Latvia The highest in EU Ranking of Latvia’s services: Fixed telephony – 2 Internet services – 7 Railways – 4 Post – 10 Network gas – 6 Electricity – 13 Mobile telephony – 6 Water – 25 Source: EC
Bo ok s Fi , p e xe ri d od t e ic 60 70 80 90 le als R Fo ap ho i 87 Cu od lw any ltu - b ys 83,4 ra r l s ead 82,9 Ne er tw vic 81,3 or e s k Po ga 80,6 st s No al 80,2 n- s al e rvi ko c ho es lic 79 be v. M 78,5 ob ile Fu te el s le Al p ho 77,8 ko ny ho lic 77,1 be ve ra In ge te s rn et 76,2 se rv ic es E 74,4 Fo lec od tric - m ity Re W C ea t 72,9 al a t lo t e ser hin 71,5 ta su g te p sep ly 66,9 Services in Latvia: consumers’ evaluation (2010) rv . 65,4 Source: EC 65,2
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