1. The Danish Energy Regulatory Authority
and
The Energy Board of Appeal
Søren Dyck-Madsen
The Danish Ecological Council
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

2. The Danish Energy Regulatory Authority
• The Danish Energy Regulatory Authority (DERA) regulates the
Danish markets for electricity, natural gas and district heating
• In the electricity market, the regulation focuses on the network
companies
• DERA sets the allowed price for electricity companies with an
obligation to supply
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

4. The Danish Energy Regulatory Authority
• The network companies are natural monopolies, and DERA focuses
on ensuring that these companies are managed efficiently and with
a high degree of consumer protection
• DERA accepts the standard cost for e.g. reminders, visits for reading
the meter, installation or taking down meters etc.
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

5. The Danish Energy Regulatory Authority
• The Minister of Climate, Energy and Buildings formally appoints the
9 members of the board, but the Minister has no powers of
instruction in relation to the board members
• DERA is mandated by law defining the tasks of DERA
• 57 persons in the Secretariat – 9 members of the Board
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

7. Acts/Laws taken care of by DERA - 1
Law about Maximum incomes in distribution companies and regional
transmission companies based on the “Electricity Supply Act”
• Every year the DERA sets the maximum income for every single
company for the following year
• This threshold is the maximum income that the company can have
if the activity level is the same as last year
• DERA can increase this amount if applied and documented
that the company cannot function without more income
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

8. Acts/Laws taken care of by DERA - 2
Law about Consumer Protection based on the “Electricity Supply Act”
• What has to be included in a contract between consumer and
electricity trader
• What to do when prices or tariffs go up – for both electricity traders
and the tariffs from distribution companies
• And many other laws
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

9. The Energy Board of Appeal
• The Energy Board of Appeal is an independent appeal board under
The Ministry of Climate, Energy and Building
•
The Energy Board of Appeal is the final administrative appeal body
for decisions by public authorities under various laws governing the
energy sector.
• The decisions that are subject to appeal will in most cases have
been handed down by the Danish Energy Regulatory Authority
(Energitilsynet), the Danish Energy Authority (Energistyrelsen)
or one of Denmark's 98 municipalities.
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

11. The Energy Board of Appeal
• The Board consists of a chairman and deputy chairman as well as a
number of experts in all aspects of energy-related issues.
• The framework, within which the Board operates is set forth in the
applicable legislation and in the application legislation and in the
Board's by-laws
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

12. The Energy Board of Appeal
• The Energy Board of Appeal hears appeals from individual decisions
made by public authorities under the following laws (and more):
• Heat Supply Act (Lov om varmeforsyning)
• Electricity Supply Act (Lov om elforsyning)
• Act on Subsidies for Electricity Production (Lov om tilskud til
elproduktion)
• Natural Gas Supply Act (Lov om naturgasforsyning)
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

13. The Energy Board of Appeal
• The Energy Board of Appeal hears appeals from individual decisions
made by public authorities under the following laws (and more):
• Act on CO2 Emission Allowances (Lov om CO2-kvoter)
• Act to Promote Energy Conservation (Lov om fremme af
besparelser i energiforbruget)
• Act to Promote Energy Conservation in Buildings (Lov om fremme
af energibesparelser i bygninger)
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

14. The Energy Board of Appeal
• The Energy Board of Appeal is the last complaint possibility – the
decisions are final
• But the decisions taken by the Energy Board of Appeal can be taken
to court normally within a six month period after the decision is
taken
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

16. Some Decisions
• Who is legitimate for complaining about off shore wind parks?
• Has a specific complaint delaying effect or not?
• In the time of changes in the economical regulation for PV’s several
complaints about which rules to be covered by is handled
• Shall additional information send too late for the decision of
maximum income for energy distribution companies be taken into
consideration or not?
• Was the rejection of a complaint claiming that a distribution
company can install a smart meter in a building OK or not?
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council

17. Søren Dyck-Madsen
The Danish Ecological Council
soeren@ecocouncil.dk
Seminar with Baltic Associations
for Consumer Protection 20.6.13
The Danish Ecological Council