Click here to download the Electricity regulation 2019 report, published by Getting the Deal Through.

Jurisdictions covered

The following 27 jurisdictions are covered in this report:

Angola; Argentina; Australia; Belgium; Brazil; Costa Rica; Croatia; Ecuador; Ghana; India; Indonesia; Ireland; Italy; Japan; Kenya; Korea; Mexico; Netherlands; Nigeria; Panama; Poland; Portugal; South Africa; Spain; Turkey; United Kingdom; United States.

Questions

The set of questions relating to the topic of electricity regulation and answered by the guide for each jurisdiction covered include:

• • What is the government policy and legislative framework for the electricity sector?
• • What is the organisational structure for the generation, transmission, distribution and sale of power?

Regulation of electricity utilities-power generation

• • What authorisations are required to construct and operate generation facilities?
• • What are the policies with respect to connection of generation to the transmission grid?
• • Does government policy or legislation encourage power generation based on alternative energy sources such as renewable energies or combined heat and power?
• • What impact will government policy on climate change have on the types of resources that are used to meet electricity demand and on the cost and amount of power that is consumed?
• • Does the regulatory framework support electricity storage including research and development of storage solutions?
• • Does government policy encourage or discourage development of new nuclear power plants? How?

Regulation of utilities — transmission

• • What authorisations are required to construct and operate transmission networks?
• • Who is eligible to obtain transmission services and what requirements must be met to obtain access?
• • Are there any government measures to encourage or otherwise require the expansion of the transmission grid?
• • Who determines the rates and terms for the provision of transmission services and what legal standard does that entity apply?
• • Which entities are responsible for the reliability of the transmission grid and what are their powers and responsibilities?

Regulation of electricity utilities — distribution

• • What authorisations are required to construct and operate distribution networks?
• • Who is eligible to obtain access to the distribution network and what requirements must be met to obtain access?
• • Are there any governmental measures to encourage or otherwise require the expansion of the distribution network?
• • Who determines the rates or terms for the provision of distribution services and what legal standard does that entity apply?

Regulation of electricity utilities — sales of power

• • What authorisations are required for the sale of power to customers and which authorities grant such approvals?
• • Is there any tariff or other regulation regarding power sales?
• • Who determines the rates for sales of wholesale power and what standard does that entity apply?
• • To what extent are electricity utilities that sell power subject to public service obligations?

Regulatory authorities

• • Which authorities determine regulatory policy with respect to the electricity sector?
• • What is the scope of each regulator’s authority?
• • How is each regulator established and to what extent is it considered to be independent of the regulated business and of governmental officials?
• • To what extent can decisions of the regulator be challenged or appealed, and to whom? What are the grounds and procedures for appeal?

Acquisition and merger control — competition

• • Which bodies have the authority to approve or block mergers or other changes in control over businesses in the sector or acquisition of utility assets?
• • What criteria and procedures apply with respect to the review of mergers, acquisitions and other transfers of control? How long does it typically take to obtain a decision approving or blocking the transaction?
• • Which authorities have the power to prevent or prosecute anticompetitive or manipulative practices in the electricity sector?
• • What substantive standards are applied to determine whether conduct is anti-competitive or manipulative?
• • What authority does the regulator (or regulators) have to preclude or remedy anti-competitive or manipulative practices?

International

• • Are there any special requirements or limitations on acquisitions of interests in the electricity sector by foreign companies?
• • What authorisations are required to construct and operate interconnectors?
• • What rules apply to access to interconnectors and to cross-border electricity supply, especially interconnection issues?

Transactions between affiliates

• • What restrictions exist on transactions between electricity utilities and their affiliates?
• • Who enforces the restrictions on utilities dealing with affiliates and what are the sanctions for non-compliance?