Regulatory authorities
16. Which governmental or administrative
authorities determine the regulatory policy with respect to the electric
sector?
The regulation of activities in the energy sector and the water supply
sector is performer by State Commission of Energy and Water Regulation (SCEWR).
17. What is the scope of each regulator’s
authority?
Pursuant to Art. 21 of the EA, the competences of SCEWR include:
-
issuance, amendments and cancellation of licenses under the terms of the EA;
-
approvals of general terms of contracts in respect of Electricity Deals;
-
control;
-
regulation of prices;
-
determination of the terms for electricity trading and supervising the
observance of such terms;
-
adoption and supervision of the implementation of the methodology for balancing
energy price determinations;
-
determination of the terms for access to transmission and distribution grids;
-
compensation of energy companies for their unrecoverable expenditures;
-
issuance of certificates of origin of energy and green energy certificates;
-
determination of electricity in the process of production, transmission and
distribution;
-
determination of the availability and technical parameters of production of
electricity for the purpose of (i) conclusion of Electricity Deals between
Producers and Privileged Customers and Traders and (ii) participation in the
organised market;
-
permitting the re-organisations of energy companies holding licenses under the
EA;
-
permitting transactions in respect of disposal of energy assets necessary for
the performance of the licensed activity;
- resolving claims within the scope of the EA;
and
-
maintenance of public registers for licenses, certificates and permits.
18. How is each regulator established and to what
extent, if any, is it considered to be independent of the regulated business
and of elected officials?
SCEWR is a specialised permanent and collective state body composed of
13 members, who hold five-year terms of office. They are appointed by an order
of the Prime Minster pursuant to a resolution of the Bulgarian Council of
Ministers. There is no limitation in the EA for holding successive mandates by
the SCEWR members and there is no procedure for multi-stage renewing of the
members. The members should meet a number of criteria among which no commercial
interest in any business or any other activity except the SCEWR membership.
19. To what extent can decisions of the regulator
be challenged or appealed, and to whom? What are the grounds and procedures for
appeal?
SCEWR is obliged to hold consultations with all the parties interested
in respect of applications related to licenses and price approvals. The
resolutions of SCEWR are subject to appeal before the Supreme Administrative Court by any
interested third party on the grounds of breach of any material or procedural
legislative provisions.