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Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries

May, 2016

Dispute Settlement Practice and

Complaint Handling Procedures in

ERRA Countries

Benchmark Analysis

Prepared by:

Elza Bergmane

PUC, Latvia

Dilek Civak Erdas

EMRA, Turkey

July, 2016

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© ERRA 2016

Energy Regulators Regional Association

II. Jánost Pál pápa tér 7., 1081 Budapest

Tel.: +36 1 477 0456 ǀ Fax: +36 1 477 0455

E-mail: [email protected] ǀ Web: www.erranet.org

BENCHMARK ANALYSIS:


Prepared by:

Elza Bergmane

Member of the ERRA Customers and Retail Markets Working Group;

Senior Lawyer, Energy Division of Legal Department;

Public Utilities Commission (PUC) of Latvia

and

Dilek Civak Erdas

Member of the ERRA Customers and Retail Markets Working Group;

Energy Expert, Energy Market Regulatory Authority (EMRA) of Turkey

July, 2016

The Analysis was prepared based on information collected from ERRA Customers and Retail Markets Working

Group Members in the period of June 2014 – June 2016.

The following ERRA Members submitted their answers:

Public Services Regulatory Commission, Armenia

Regulatory Commission for Energy in Federation of Bosnia and Herzegovina (FERK)

Regulatory Commission for Energy of Republika Srpska (RERS), Bosnia and Herzegovina

Estonian Competition Authority

Georgian National Energy and Water Supply Regulatory Commission

Hungarian Energy and Public Utility Regulatory Authority

Public Utilities Commission, Latvia

National Commission for Energy Control and Prices, Lithuania

Energy Regulatory Commission, Macedonia

Nigerian Electricity Regulatory Commission

National Electric Power Regulatory Authority, Pakistan

Romanian Energy Regulatory Authority

Federal Antimonopoly Service, Russia Federation

Electricity and Co-Generation Regulatory Authority, Saudi Arabia

Regulatory Office for Network Industries, Slovakia

Energy Market Regulatory Authority, Turkey

The Energy Regulators Regional Association assumes no responsibility for the use that may be made of the information contained in this

publication or any errors that may remain in the texts, despite the care taken in preparing them. All views, positions, and conclusions

expressed in this publication are those of the authors and do not necessarily reflect the views of ERRA and its members. This text may be

used only for personal research purposes. Any additional reproduction for any other purposes, whether in hard copies or electronically,

requires the consent of ERRA. If cited or quoted, reference should be made to the full name of the author, the title, the year and the

publisher.

mailto:[email protected]

http://www.erranet.org/

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© ERRA 2016

Introduction:

In the first ERRA Customers and Retail Markets Working Group Workplan there were included two

separate topics:

1) Benchmark Analysis of Complaint Handling Procedures of ERRA Members;

2) Dispute Settlement Practice in ERRA Countries.

Sequentially two separate questionnaires were prepared and sent to the ERRA Customers and

Retail Markets Working Group members (hereafter – ERRA members). After receiving the answers,

it was concluded that both topics overlap and are interrelated. Therefore, it was decided to

combine both topics in one benchmark analysis and to prepare a new questionnaire. Complete or

partial answers were received from most of the ERRA members.

The benchmark analysis aims to provide information on different understandings of dispute

settlement and complaint handling procedures in ERRA countries, to compare the competencies of

the national regulatory authority and other authorities regarding dispute settlement and complaint

handling.

Abbreviations:

ADR – alternative dispute resolution

CCHP – customer complaint handling procedure

DSP – dispute settlement procedure

NRA – national regulatory authority

Summary of the key findings:

1. The understanding of dispute settlement and complaint handling differs from country to

country. Not in all ERRA countries (countries for which information has been provided)

dispute settlement and complaint handling are defined as two separate administrative

procedures. In some countries, the dispute settlement procedure is more formal than

complaint handling procedure; it is similar to the process in the court and results in a

decision of the NRA. Whereas in some countries regarding dispute settlement NRA has only

a role of mediator, but the complaint settlement procedure results in a decision of the NRA.

Therefore, it is important to take into account the answers of the ERRA members to the

question about the understanding of both procedures when looking at answers to other

questions.

2. Neither dispute settlement nor complaint handling has a legal definition; both procedures

generally are prescribed in laws, secondary legislation or contracts. The scope of complaint

handling concept is usually wider than the scope of dispute settlement concept.

3. In most of the ERRA countries beside of NRA there are some other authorities that are

responsible for customer protection, including customer complaint handling, however the

breakdown of responsibilities among NRA and other related authorities is clear.

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4. In one part of the ERRA countries the DSP and the CCHP provided by the NRA is

mandatory. It means that parties can apply to the court only if the NRA has already

examined the dispute or complaint. In other part of the countries the DSP and the CCHP

provided by the NRA is voluntary. Thereby parties can apply straight to the court.

5. In energy sector NRAs deal with different types of disputes and complaints. The most

common issues are connection to the grid, conditions of the connection to the grid,

conditions of supply of energy, tariffs and prices, bills, quality of energy and supply.

6. In all the ERRA countries NRAs take decision regarding the matter of examination of

disputes and this decision usually is binding upon the parties involved. Similar situation is

regarding examination of customer complaints with one exemption - in Latvia NRA usually

delivers a reasoned reply in writing, not a decision. In most of the ERRA countries NRA are

empowered to impose penalties for failure to comply with the decision.

7. In most of the ERRA countries, the decision of the NRA regarding the disputes and the

complaint may be appealed to a court. In such cases, NRAs usually have a role of the

defendant.

Answers of the ERRA members to the questions:

1. The understanding of procedures

1.1. What is the definition (understanding) of DSP according to the national legislation?

1.2. What is the definition (understanding) of CCHP according to the national legislation?

1.3. Please explain the difference between both procedures, if any.

Armenia

DSP: There is no special definition for DSP. By law of Energy, disagreements arising between the

Licensees shall be resolved through negotiations. Either party may apply to the NRA, within its

jurisdiction to resolve the dispute.This article does not limit the right of parties to resolve disputes

in court.

CCHP: There is no special definition for CCHP. CCHP-s are regulated by the law on "Fundamentals

of administration and administrative proceedings”. On 1st of July 2015, the Commission adopted

Decision (N219L) on the submission and consideration of complaints submitted to Public Services

Regulatory Commission of RA.

Difference between both procedures: There are no differentiation between these two concepts.

Bosnia and Herzegovina (FERK)

DSP: According to the FERK’s Rule Book about Public Hearings and Settlement of Requests,

Disputes and Complaints, FERK is settling disputes at the request of the party regarding the right

for the electricity supply, the obligation of electricity supply, tariffs/prices which the electricity is

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supplied at, delay or refusal to supply electricity and quality of the electricity supply. It is a form of

mediation procedure. Indemnification of possible damage shall not be considered.

CCHP: According to the Law on Electricity in Federation of Bosnia and Herzegovina FERK is

authorised to resolve the complaint to the decision of DSO in the second-instance about refusal to

access to the distribution network to the third party and conditions of access to the distribution

network.

Difference between both procedures: In dispute settlement procedure, FERK has a role of body,

which originates parties to achieve a compromise, in contrary FERK recommends them to start

court procedure. In customer complaint handling procedure, FERK resolves by final act as second-

instance body.

Bosnia and Herzegovina (RERS)

DSP: RERS is in charge, at the request of the party, to settle the disputes at the electric power

market regarding: a) the right for the electricity supply, b) the right of access to the distribution

network, c) obligation of delivery of electricity, d) tariffs which the electricity is delivered at, e)

interruptions in the electricity supply, f) refusal to deliver the electricity, g) quality of the electricity

supply.

CCHP: Definition is prescribed by national legislation. The RERS is competent to solve the

complaint to the decision of distributor in the second‐instance about: a) refusal of the access to the

distribution network to the producer of electricity, i.e. eligible buyer; b) conditions of access to the

distribution network to the producer of electricity, i.e. eligible buyer; c) refusal of the request of the

end buyer to get the electric power consent for connection to the distribution network.

Difference between both procedures: RERS is competent to solve only the complaint to the

decision of distributor in the second‐instance. The Rulebook on public hearing and settlement of

disputes and complaints made by the RERS prescribes the procedure related to settlement of

disputes and complaints of the participants at the electricity market and procedure of settlement of

complaints at the oil and oil derivatives’ market pursuant to the provisions of energy related laws.

Estonia

DSP: There is no general definition in Estonian law. As set in Electricity Market Act (art 99) a market

participant may file a written complaint with the Competition Authority against the action or

omission of another market participant which is in conflict with this Act or the legislation

established on its basis. As set in Natural Gas Act (art 391) a market participant may file a written

complaint with the Competition Authority in respect of an action or omission of another market

participant that contravenes this Act or the legislation enacted on its basis.

CCHP: There is no direct definition by law. We understand by this definition any kind of oral or

written complaint to public administration subject (Competition Authority, Customer Protection

Board, etc.)

Difference between both procedures: DSP – in such situations NRA is extra-judicial body and must

make written decision.

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Georgia

DSP: According to Georgian legislation, DSP may be interpreted pursuant to Civil and

Administrative Procedural Code of Georgia, however, there is no definition. Parties are entitled to

sue directly in Common Courts of Georgia as well as apply to the NRA. The authority of NRA is

determined through the Law of Georgia on Electricity and Natural Gas according to which the NRA

is authorized to set disputes arisen between license holders (licensees), small power plants,

importers, exporters, suppliers, customers and market operator. In such case NRA is acting as out-

of-court body and its decision is mandatory for the parties.

CCHP: CCHP shall be interpreted in administrative way, according to Laws of Georgia. The

customers/consumers are entitled to apply to the Public Defender of Consumer interests

(hereinafter “Public Defender”) that shall represent them before the NRA during the proceedings. In

addition, activities of the Public Defender are part of regulatory activities. The primary functions of

the Public Defender are the following:

protecting the consumers’ interests;

assess the impact of tariff and other regulatory changes on consumers;

representing consumers before NRA during the proceedings;

examining all the documents and materials that are accessible for the NRA;

representing the consumer before the service provider company;

participate in process of drafting the regulations that might have an impact on consumers’

interests.

Differences between the procedures: There is no actual difference between DSP and CCHP,

moreover, in both cases NRA is the decision making body. If the consumer applies to the Public

Defender, the case will be delivered through the Public Defender that represents the consumers as

their advocate. However, the consumer is authorized to apply directly to the NRA or court. The

decision of NRA is mandatory in any case. The consumers as well as other market players are

entitled to sue directly in court but no parallel proceedings are allowed. In case of the court

proceeding pending between the same parties on the same matter, the NRA shall terminate the

proceedings.

Hungary

DSP: Dispute settlement is understood in a civil and administrative way. Consumers have the right

to choose between the civil court, ADR and the administrative procedure. Nevertheless, wholesaler

customers cannot file for an ADR procedure. Characteristics of dispute settlement are codified in

the Act III of 1952 on the Code of Civil Procedure, in the Act LXXXVIII of 2007 on Electricity and in

the Act CLV of 1997 on Consumer Protection.

CCHP: According to the Hungarian regulation, customers have primarily to contact the service

provider in case they have any complaints regarding the service. This must happen in a provable

way (via e-mail/letter/call centre). The service provider has 15 days to answer the question (and

offer a way to solve the conflict, if possible). In case the service provider could not manage the

complaint in a comforting way, the consumer has the right to start an administrative procedure.

Procedural rules applying to these procedures are set out in the Act CXL of 2004 on the General

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Rules of Administrative Proceedings and Services, in the Act LXXXVIII of 2007 on Electricity and in

the 273/2007. (X.19.) Government Decree. Neither of these pieces of law gives a definition of a

customer complaint as such however, the Decree defines the required contents of a customer

complaint. The administrative procedure is free of charge. There is a division in jurisdiction between

NRA and the Hungarian Authority for Consumer Protection (HACP). HACP has jurisdiction of

investigating and solving disputes between household customers and service providers in case of

violations of the provisions pertaining to the settlement of accounts, billing, payment of fees or

metering, suspension of the electricity supply and disconnection from supply due to payment

delays, and the reconnection after the settlement of debts. NRA has jurisdiction in disputes

between any customer and service providers in case of any complaints except for the questions

over which HACP has jurisdiction. All of these rules apply to electricity and natural gas markets.

Difference between both procedures: Civil court (ADR) and administrative procedures are

independent. All forums have the powers to oblige service providers to fulfil their obligations

towards the consumer.

Latvia

DSP: There is no definition. Within this procedure NRA as an out-of-court dispute settlement body

examines disputes. The procedure is quite similar to the one in court. It can be initiated by

customer, service provider or NRA. The process ends with an agreement or a decision of the NRA.

CCHP: There is no definition. With this procedure is understood in any activity that is carried out in

order to examine the customer's complaint. The process results in a written reply to the customer

or can be initiated dispute settlement procedure.

Difference between both procedures: The dispute settlement procedure is one of the ways in which

customers' complaints can be dealt with. NRA examines disputes not only between customers and

service providers, but between two or more service providers as well.

Lithuania

DSP: The DSP as an out-of-court dispute settlement. The DSP in energy sector is the conflict

between applicant (household consumer, consumer, energy undertaking) and the complained

energy undertaking on the facts and (or) legal issues which come from the consumption or

commercial agreement.

CCHP: The CCHP is consumer's written appeal to public administration subject (Commission, State

energy Inspectorate or State Consumers Rights Protection Authority) that rights or legal interests,

which come from the licensed activity are contravened and are requested to defend.

Difference between both procedures: The obligation first of all to apply to the company. In the case

of dispute, customers have primarily to contact the service provider, but in the case of complaint

they haven’t such obligation.

Application form:

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Persons, applying to NCC regarding the resolution of the dispute, submit the request to resolve the

dispute and formulate for the particular requirement. Persons, applying to NCC regarding the

resolution of the dispute, submit complaint.

The decision on dispute is binding. The decision on complaint is not binding.

Macedonia

DSP: Disputes initiated by the market participants or system users against license holders regarding

different aspects of the performance of their regulated energy activities are resolved in front of the

ERC in a maximum period of 60 days from the date when the case is submitted to the ERC.

CCHP: There is no legal definition. Complaints could be raised by the customer only in the case

when they are not satisfied with the implications which arise from a formal decision of the service

provider. In that case the customer submits its complaint to the service provider and if the provider

could not manage the complaint in a comforting way, the consumer has the right to start an

administrative procedure in front of Energy Regulatory Commission.

Difference between both procedures: The main difference between dispute and complaint is that in

the case of complaint there must be a formal decision from the licenced company/service provider,

and in the case of dispute there is no necessity of such a formal decision.

Nigeria

DSP: The Commission is vested with dispute resolution functions under the provision of Section 71

(2) of the Electric Power Sector Reform Act 2005 (EPSR 2005). Section 71[2] provides that the terms

and conditions of a licence may require the licensee to refer disputes for arbitration, mediation or

determination by the Commission. Consequently, it is a licence condition that alternative dispute

resolution is an obligatory mode of resolving disputes in the electricity sector. Licensees are

obliged to attempt to resolve disputes through direct negotiation failing which the dispute may be

resolved through other alternative dispute resolution procedures or arbitration as may be

applicable in the relevant Commission’s rules and regulations.

CCHP: There is no specific definition. However, the EPSR Act 2005 empowers the Commission in

Sect. 80 (1) to develop customer complaint handling standards and procedures. The procedure is a

3 tier redress mechanism which involves the Customer Complaint Unit in the Distribution Company,

the Forum for appeals consisting of independent representation (not officials of the DISCO and the

Commission) and the Commission.

Difference between both procedures: End users of electricity that is customers go through the 3

tier redress mechanism for complaint resolution. While dispute from the Market (Market

Participants) goes to the Dispute Panel through the Dispute Resolution Councillor for resolution.

Pakistan

DSP: Dispute settlement procedure or dispute resolution procedure means a procedure or

guidelines under which a dispute i.e. Contractual Dispute, Sell/Purchase Dispute or Payment

Dispute etc. between licensees i.e. Generation Company, Distribution Company or Transmission

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Company are resolved. In such a case the aggrieved party (Licensee) may file a complaint with the

regulator under Complaint Handling and Dispute Resolution (Procedure) Rules and upon receipt of

such complaint the regulator initiate proceedings under the said rules.

CCHP: The definition of Complaint Handling procedure means that if any consumer has a

complaint against the distribution company or electricity supplier then he can file his complaint

with the regulator and his issue will be resolved under Complaint Handling and Dispute Resolution

(Procedure) Rules. The main characteristics of this procedure are as under:

i. Receipt / registration of complaints filed under Section 39 of National Electric Power

Regulatory Authority Act and assigning complaint numbers.

ii. Scrutiny of complaints and in case of any discrepancies, communication of the same to the

concerned complainants.

iii. Processing of complaints and seeking report from the licensee against whom complaint

has been lodged.

iv. Communication of reports submitted by licensee to the complainants. In case the reports

are not in-line with rules/regulation, the case is again taken up with the concerned

licensee.

v. Processing of rejoinders submitted by the complainants against the report of licensee.

vi. Conducting hearing, if consumers’ issues are unresolved.

vii. Issuance of judicial orders/decisions on the complaints.

viii. Filing of review motion against the decisions (if any).

ix. Decision of the reviews.

Difference between both procedures: There is a difference between dispute settlement procedure

and consumer complaint handling procedures. The dispute settlement procedure means a dispute

between licensee of the regulator with another licensee i.e. a dispute between a distribution

company with any other distribution company or the generation company or transmission

company. Whereas, consumer complaint handling procedure means a dispute between a consumer

and the distribution company. Both issues are governed by the regulator under Complaint

Handling and Dispute Resolution (Procedure) Rules.

Romania

DSP: There is no definition. The dispute settlement procedure is used to solve disputes arising in

developing contractual relationships between market participants. (ex: contractual dispute, pre-

contractual dispute, grid connection dispute). The procedure is quite similar to the one in court.

The process ends with an agreement or a decision of the NRA.

CCHP: There is no definition. A complaint represent a document (usually a letter) used by a person

or a company to communicate a specific problem. The complaints category is wider than the

disputes category. The process results in a written reply to the customer or can be initiated dispute

settlement procedure.

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Difference between both procedures: The main difference between DSP and CCHP is represented

by the procedure to be followed. In the DSP case, the applicant must follow a specific procedure

while in the event of complaint it's enough just to send the complaint in form of a letter.

Russia

DSP: The legal definition of the dispute settlement procedure is not fixed.

Federal Antimonopoly Service:

i. considers disputes related to the setting and application of regulated prices in accordance

with the law of the Russian Federation on natural monopolies of prices (tariffs);

ii. considers disagreements between the executive authorities of the Russian Federation in

the field of state regulation of tariffs in the electricity industry, organisations engaged in

regulated types of activities and consumers, and makes binding decisions;

iii. responsible for settling disputes related to the application of connection fee to the Unified

National (All-Russian) electrical network and (or) standardized tariff rates, determining the

amount of the payment and disputes related to the application of connection fee to the

networks of regional network organizations and (or) standardized tariff rates, determining

the amount of the payment.

CCHP: The legal definition of procedures for handling consumer complaints is not fixed. The

consideration of consumer complaints is carried out in accordance with the Federal Law of

02.05.2006 № 59-FZ "On the order of consideration of citizens of the Russian Federation", taking

into account the provisions of the sectoral legislation, the Federal Law of 17.08.1995 № 147-FZ of

26.07.2006 № 135-FZ "On Protection of Competition".

Difference between both procedures: The difference between the procedures is the timing and the

order of consideration, the types of decisions following the review of pre-trial disputes and

complaints.

Saudi Arabia

DSP: There is no specific definition in The Electricity Law. However, Dispute Settlements has been

assigned to an independent committee by the Electricity Law (act 13). Committees decisions are

final if no objections are received within 60 days.

CCHP: Customer Complaint Handling Procedure can be defined in the understanding of (atc 28-32)

of the Electricity Laws Implementing Regulations as the criteria in which Electricity and Co-

Generation Regulatory Authority (ECRA) is legally authorized to handle a complaint. Mainly the

customer has to file a complaint primarily to the service provider before reaching out to ECRA. If

the customer is not satisfied with the service provider’s resolution, he can file his complaint to

ECRA.

Difference between both procedures: Customer Complaint Handling: administrative decision

subject to objection on dispute resolution committee while, dispute settlement: The beginning of

the judicial phase or the quasi-judicial and their decisions subject to appeal on the Board of

Grievances.

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Slovakia

DSP: According to Act on Regulation, the final customers in electricity/water/heating/gas sector

who are not consumers according to special act (so that we are talking about small enterprises)

may refer to the NRA for an alternative dispute resolution any dispute with the regulated entity

being an electricity supplier, gas supplier, distribution system operator or distribution network

operator, heating suppliers, owner, tenant or operator of sewage/water system, that the matter in

dispute has been dealt with in a complaints procedure and the relevant customer disagrees with

the outcome of such procedure or with the way how the complaint was handled; this is without

prejudice to referral of the matter to the court.

According to new Act on Alternative Dispute Resolution (adopted in February 2016), Regulatory

Office for Network Industries in Slovakia deals with disputes of final customers in

electricity/water/heating/gas sector who are consumers according to special act (households).

CCHP: There is no legal definition regarding customer complaint handling procedure. NRA

approves written complaints, complaints received by email, or he can come in person to the NRA,

NRA will write his/her complaint onto a letter and he/she will sign it.

Difference between both procedures: ADR and its procedure is legally defined, with legal periods,

by complaints handling there is no legal definition and no legal periods.

Turkey

DSP: There is no legal definition for dispute settlement procedure. In the event of the existence of a

dispute between customer and service provider because of the service provider’s decision or

operation, customer can apply Energy Market Regulatory Authority (EMRA) free of charge with the

claim of contradiction to relevant market law. EMRA has jurisdiction of investigating and solving

disputes between consumer and supplier/ DSO/TSO in both electricity and natural gas market.

Dispute settlement process is similar to the judicial process in administrative courts. The process is

carried out on files in writing without hearing. EMRA can demand and collect all related documents

from parties, particularly from service providers. EMRA settles disputes by its own energy experts

so that EMRA doesn't ask for other expert opinion and doesn't hear a witness. If the subject matter

of dispute takes place within the jurisdiction of courts, EMRA rejects the application in the first

instance.

CCHP: There is no legal definition for a customer complaint but the expression of a customer's

dissatisfaction is regarded as a customer complaint in both electricity and gas market. According to

the procedure defined in Regulations of Customer Services in Electricity Market and Natural Gas

Market, customers have to file complaints primarily to service provider. Service provider generally

have to make a decision or operation within 15 weekdays. EMRA solves some of the customer

complaints by only providing information about legislation. On the other hand, some of the

customer complaints point out a violation of legislation and a dispute between customer and

service provider. EMRA examines customer complaints, which includes a complaint and a claim

regarding a dispute between customer and service provider, which is arised out of unlawful action

of service provider under electricity and gas market legislation. In addition to this, customer

complaints are noted and taken into account for investigation of service provider's practices.

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Difference between both procedures: The scope of customer complaint handling is wider than

customer dispute settlement. Customer complaints can be taken into account for different

intentions such as determination of efficiency and legality of service provider's activities. If

customer submits all relevant documents and information, which proves the violation of the

relevant market law by service provider, EMRA orders service provider to annul its action without

initiating a dispute settlement process. Customer complaints sometimes may not include a dispute

but every dispute settlement process begins with a customer complaint. Dispute settlement is one

of the ways of handling and solving customer complaints.

2. The competence of the NRA and other authorities regarding customer protection and

complaint handling.

2.1. Is the NRA entitled to collect, handle and monitor customer complaints on electricity

and natural gas markets? If the answer is “Yes”, please express whether this power is

delegated the NRA according to a law or secondary legislation.

According to a law According to

secondary legislation

According to a law

and secondary

legislation

It is not specified

whether the powers

arise from the law or

secondary legislation

Armenia (electricity

and gas)

BiH, FERK (electricity)

BiH, RERS (electricity

and gas)

Estonia (electricity

and gas)

Georgia (electricity

and gas)

Hungary (electricity

and gas)

Latvia (electricity

and gas)

Macedonia

(electricity and gas)

Romania (electricity

and gas)

Russia (electricity

and gas)

Saudi Arabia

(electricity)

Nigeria (NERC is

authorized to

Georgia (electricity,

gas and water

Lithuania (electricity

and gas)

Slovakia (electricity

and gas)

Turkey (electricity

and gas)

Nigeria (electricity)

Pakistan (electricity)

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handle complaints

from electricity

customers only. In

line with Sect. 80(1)

and Sect. 96 of the

EPSR Act 2005 NERC

developed

standards and

procedures.

2.2. Are there any other authorities charged with customer protection, including customer

complaint handling? If the answer is “Yes”, please explain the names and scope of their

responsibilities about customer protection, including complaint handling.

Yes

Is the breakdown of

responsibilities among the NRA

and other related authorities

clear?

Armenia NGOs, Ombudsman, Court. NGOs

and Ombudsman are responsible

for the protection of consumer

rights, but only NRA and Court

have responsibility to handle

consumer complaints.

Yes

BiH, FERK Consumer protection

Ombudsman is authorised for all

kinds of consumer complaints

Yes

BiH, RERS Ombudsman is authorized for all

kinds of consumer complaints. No

Estonia Consumer Protection Board Yes

Georgia There are no other authorities

charged with customer

protection.

Hungary The Hungarian Authority for

Consumer Protection Yes

Latvia Consumer Rights Protection

Centre, Ombudsman Yes

Lithuania State Energy Inspectorate under

the ministry of Energy,

Consumer Protection Authority

Yes

Macedonia Public Attorney (Ombudsman),

State Market Inspectorate and

Organization of Customers of

Macedonia. For customer

complaint handling, beside ERC,

responsible authority is the

Yes

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Administrative Court as a final

instance.

Nigeria Consumer Protection Council is

provided for under Decree 66 of

the 1992 Federation Law and is

authorised to provide redress to

consumer's complaints through

negotiation, mediation and

conciliation and to ensure that

consumer interests receive due

consideration at appropriate

forums and provide redress for

the exploitation of consumers.

(Chapter C25 Laws of the

Federation of Nigeria)

Through enabling laws (EPSR Act

2005 and Decree 66 of the 1992

Federation law)

Pakistan In energy sector – Oil & Gas

Regulatory Authority Yes

Romania National Authority for customer

protection, that are handling all

kind of complaints but only for

house hold consumer.

Yes

Russia The Ministry of Energy, the

Ministry of Construction Industry,

Housing and Utilities Sector,

Federal Service for Surveillance on

Consumer Rights Protection and

Human Wellbeing, prosecution

authorities, state authorities of

the Russian Federation in the field

of state regulation of prices

(tariffs).

Yes

Saudi Arabia The Disputes Resolution

Committee. Yes

Slovakia Slovak Trade Inspection Yes

Turkey Ministry of Energy and Natural

Resources, Directorate General of

Consumer Protection and Market

Surveillance established under

Ministry of Customs and Trade,

The Committee on Petitions

established under Grand National

Assembly of Turkey.

Authorities entitled to examine

complaints sometimes examine the

same complaints at the same time

in the scope of their

responsibilities. In order to give a

decision they generally ask for

expert opinion from the NRA and

this situation sometimes causes

that the NRA deals with repeated

complaints of same consumer.

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3. What dispute settlement procedures in energy sector are set out by national

legislation?

Mediation procedure

provided by an

energy company

BiH, RERS

Estonia

Georgia

Macedonia

Saudi Arabia

Mediation procedure

provided by the NRA

BiH, RERS

Latvia

Lithuania

Macedonia

Nigeria

Romania

Slovakia

Saudi Arabia

Out-of-court dispute

settlement

procedure provided

by the NRA

Armenia

BiH, FERK

BiH, RERS

Estonia

Georgia

Latvia

Lithuania

Macedonia

Nigeria

Pakistan – No Out of Court settlement procedure provided by the

regulator, however, during proceedings of the complaint, the parties

can settle the dispute/ complaint amicably and inform the regulator

accordingly

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Out-of-court dispute

settlement

procedure provided

by another public

authority

BiH, FERK – Ombudsman

BiH, RERS – Ombudsman, but in case of protection of human rights in

institutional meaning e.g. if the institution works in line with law and

secondary legislation.

Estonia – Consumer Protection Board

Georgia – customer may apply directly to the court

Lithuania – State Energy Inspectorate under the ministry of Energy

and Consumer Protection Authority

Saudi Arabia – Dispute Resolution Committee

BENCHMARK ANALYSIS:


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© ERRA 2016

Turkey – 1) Arbitration Committee of Consumer Problems-arbitration;

2) The Ombudsman Institution; 3) Mediation Department established

under Ministry of Justice-mediation; 4) The Committee on Petitions

established under Grand National Assembly of Turkey

Other dispute

settlement

procedures

Armenia – customer may apply directly to the court

BiH, FERK – customer may apply directly to the court

Georgia – customer may apply directly to the court

Hungary – customers may apply directly to the court and to the

independent ADR

Latvia – customer may apply directly to the court

Lithuania – customer may apply directly to the court

Is the breakdown of responsibilities among the NRA and other public authorities clear?

Yes No

BiH, RERS

Estonia

Georgia

Hungary

Lithuania

Macedonia

Pakistan

Romania

Russia

Saudi Arabia

Turkey

Armenia- in some cases, it is necessary to

evaluate the competence of NRA and the

competition authority regarding the specific

case.

Latvia – in some cases, it is necessary to

evaluate the competence of NRA and the

competition authority regarding the specific

case.

4. How customers and service providers are informed about their rights regarding dispute

settlement and complaint handling?

Dispute Settlement Complaint Handling

In legislative acts Armenia

Estonia

Georgia

Hungary

Latvia

Lithuania

Macedonia

Nigeria-Secondary legislation

(Market Rules)

Armenia

BiH, FERK

Estonia

Georgia

Hungary

Latvia

Lithuania

Macedonia

Nigeria-Secondary Legislation

(Regulations)

BENCHMARK ANALYSIS:


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© ERRA 2016

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Romania

Russia

Saudi Arabia

Turkey

In bills Georgia

Latvia (for final customers)

Pakistan

Romania

Georgia

Latvia (for final customers)

Nigeria- As stipulated in the

Regulation

Pakistan

Romania

Turkey

On web sites of

the service

providers

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Lithuania

Macedonia

Romania

Slovakia

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Lithuania

Macedonia


Regulation

Romania

Saudi Arabia

Slovakia

Turkey

On web sites of

the NRA

Armenia

BiH, FERK

BiH, RERS

Estonia

Latvia

Lithuania

Macedonia


Regulation

Pakistan

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Armenia

BiH, FERK

BiH, RERS

Estonia

Hungary

Latvia

Lithuania

Macedonia


Regulation

Pakistan

Romania

Russia

Saudi Arabia

Slovakia

Turkey

BENCHMARK ANALYSIS:


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© ERRA 2016

In contracts Armenia


Estonia

Georgia

Latvia

Lithuania

Macedonia

Nigeria-Terms and Conditions of

Licensees

Saudi Arabia

Slovakia

Turkey

Armenia


Estonia

Georgia

Latvia

Lithuania

Macedonia

Nigeria-bilateral contracts with

customers (Form 74)

Saudi Arabia

Turkey

Public

campaigns

Georgia

Lithuania

Macedonia

Romania

Slovakia

Georgia

Hungary

Macedonia

Nigeria – Media Campaigns and

stakeholders' consultations

Romania

Saudi Arabia

Slovakia

Other Hungary – at the customer service

centre of the service provider

Latvia – at the customer service


Lithuania – at the customer service

centre of the service provider etc.

Pakistan

Hungary – at the customer service


Latvia – at the customer service


Lithuania – at the customer service

centre of the service provider etc.

Pakistan

Saudi Arabia – media and at the

customer service office of the

service provider

Nigeria-at the customer service

centre of the service provider, at

the Forum offices.

5. Who is in charge of informing customers about dispute settlement and complaint

handling procedures?

Distribution System Operator BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

BENCHMARK ANALYSIS:


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© ERRA 2016

Lithuania (if DSO has direct contract with customer)

Macedonia

Nigeria – (Distribution Companies/Service providers in the

electricity sector)

Romania

Saudi Arabia (Distribution and customer service sector in the

electric company)

Turkey

Transmission System Operator Macedonia

Turkey

Supplier BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Lithuania

Macedonia

Nigeria – it is mandatory for Suppliers to informs customers about

complaint handling procedures. (Secondary legislation: Sect. 7 of

CCHSP Regulation)

Romania

Slovakia

Turkey

NRA Armenia

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Lithuania

Macedonia

Nigeria – Secondary legislation (Market Rules) mandates

dispute settlement for Market participants

Pakistan

Romania

Russia

Saudi Arabia

Slovakia

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© ERRA 2016

6. What types of disputes and complaints in the energy sector (retail market) are handled

by the NRA?

Disputes Complaints

Connection to the

grid

Armenia

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Lithuania

Nigeria

Pakistan

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Armenia

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Lithuania

Macedonia

Nigeria – NRA: Electricity

Pakistan

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Conditions of the

connection to the

grid

Armenia

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Lithuania

Nigeria

Pakistan

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Armenia

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Lithuania

Macedonia


Pakistan

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Conditions of

supply of energy

Armenia

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Armenia

Georgia

Hungary

Latvia

Lithuania

Macedonia

BENCHMARK ANALYSIS:


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© ERRA 2016

Latvia

Lithuania

Macedonia

Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Nigeria-NRA: Electricity

Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Conditions of the

agreement

Armenia

Estonia

Georgia

Hungary

Latvia

Macedonia

Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Armenia

Estonia

Georgia

Latvia


Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Tariffs/ prices Armenia

BiH, FERK

BiH, RERS

Georgia

Hungary

Latvia

Lithuania

Nigeria

Pakistan

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Armenia

Estonia

Georgia

Hungary

Latvia

Lithuania

Macedonia


Pakistan

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Bills Armenia

BiH, FERK

BiH, RERS

Georgia

Hungary (only non-household

customers)

Lithuania

Nigeria

Pakistan

Armenia

Georgia


customers)

Lithuania

Macedonia


Pakistan

Romania

BENCHMARK ANALYSIS:


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© ERRA 2016

Romania

Saudi Arabia

Slovakia

Turkey

Saudi Arabia

Slovakia

Turkey

Quality of energy BiH, FERK

BiH, RERS

Georgia

Hungary

Latvia

Nigeria

Pakistan

Saudi Arabia

Slovakia

Turkey

Georgia

Hungary

Latvia

Macedonia


Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Quality of supply Armenia

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Macedonia

Nigeria

Pakistan

Saudi Arabia

Slovakia

Turkey

Armenia

Estonia

Georgia

Hungary

Latvia


Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Illegal use of

energy and

manipulated

indicators

Armenia – manipulated indicators

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Pakistan

Slovakia

Turkey

Saudi Arabia

Armenia – manipulated indicators

Estonia

Georgia

Hungary

Macedonia


Pakistan

Romania

Saudi Arabia

Turkey

Metering Armenia

BiH, FERK

BiH, RERS

Estonia

Georgia

Armenia

Estonia

Georgia

Latvia

Macedonia

BENCHMARK ANALYSIS:


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© ERRA 2016

Latvia

Pakistan

Romania

Saudi Arabia

Slovakia

Turkey


Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Disconnection due

to no or late

payment

Armenia

BiH, FERK

BiH, RERS

Estonia

Georgia


customers)

Nigeria

Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Armenia

Estonia

Georgia


customers)

Macedonia


Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Supplier change/

switching

Armenia – Currently, supply is not

separated from distribution.

BiH, FERK

BIH, RERS

Georgia

Hungary

Latvia

Lithuania

Romania

Slovakia

Turkey

Armenia – Currently, supply is not

separated from distribution.

Estonia

Hungary

Latvia

Lithuania

Macedonia

Pakistan

Romania

Slovakia

Turkey

Redress Armenia

BiH, FERK

BIH, RERS

Estonia

Hungary

Lithuania

Nigeria

Saudi Arabia

Slovakia

Turkey – restricted with the

situations regarding quality of

energy and supply, which are

prescribed by regulations of NRA

Armenia

Hungary

Lithuania


Pakistan

Romania

Saudi Arabia

Slovakia

Turkey – restricted with the

situations regarding quality of

energy and supply, which are

prescribed by regulations of NRA

BENCHMARK ANALYSIS:


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© ERRA 2016

Other Russia – abuse of dominant

position

Nigeria – The Commission

manages disputes on Electricity

over generation, transmission and

distribution services (including

quality and quantity of energy),

connections to the distribution

grid, billing, distribution rates and

interactions between retail

suppliers and distribution

companies. Additionally, the

Commission has an established

procedure for handling complaints

from end User

7. Does the NRA or another public authority examine disputes and complaints relating to

the energy wholesale market?

Disputes Complaints

NRA Another

Authority NRA

Another

Authority

Armenia Yes Court Yes Court

BiH, FERK No No No No

BiH, RERS The state NRA

(DERK) No

The state NRA

(DERK) No

Georgia Yes Court Yes No

Hungary No No No No

Saudi Arabia No No No No

Latvia Yes Court Yes Court

Lithuania Yes Court Yes Court

Macedonia Yes No No No

Nigeria Yes, NERC has

jurisdiction.

However, the

electricity market

is still developing

in Nigeria. Types

of Disputes are

Interconnection

and grid, and

service quality

disputes etc.

BENCHMARK ANALYSIS:


24

© ERRA 2016

Pakistan Yes No Yes No

Romania Yes No Yes No

Russia No No Yes No

Slovakia Yes No Yes No

Turkey Yes No No No

8. What are the parties involved in the dispute settlement procedure and what complaints

are within the competence of the NRA?

8.1. What are the parties involved in the dispute settlement procedure?

Customer / consumer and

service provider

Armenia

BiH, FERK – all final customers / consumers and service provider

(DSO and supplier/trader)

BiH, RERS

Estonia

Georgia

Hungary – all types of consumers / customers, DSOs, suppliers

Latvia – any type of customers / consumers and any service

provider

Lithuania – consumers disputes: between household consumers,

consumers and energy’s undertaking

Macedonia – household customers and enterprises / DSO, TSO

Nigeria – Customer, consumer, service provider and Regulator

Pakistan – complainant and licensees

Romania

Russia

Saudi Arabia

Slovakia

Turkey – all types of customers and enterprises, and TSO, DSO

and regulated suppliers

Two or more service

providers

Armenia

BiH, RERS

Estonia

Georgia

Hungary

Latvia – any service providers

Lithuania – disputes between two energy’s undertakings

Macedonia – TSO, DSO, supplier, trader

Pakistan – service providers who are licensees

Romania

BENCHMARK ANALYSIS:


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© ERRA 2016

Russia

Saudi Arabia

Slovakia – TSO, DSO, supplier

Turkey

Other Estonia – disputes between market participants in regards to the

fulfilment of the obligations set out in law.

Nigeria – disputes between market participants in respect of the

Market Rules

8.2. Whose complaints does the NRA collect and handle? Against which undertakings does

the NRA handle customer complaints?

the complainant undertaking

Armenia all customers

DSO, TSO, generation companies and

other service providers

BiH, FERK final customers and producers DSO

BiH, RERS final customers DSO

Georgia all customers, suppliers, DSO, TSO Any service provider

Hungary all

DSO, service provider, universal

service provider

Latvia all customers / consumers and any

service provider (TSO, DSO, SSO, LNG

SO, producers and traders)

Any service provider (TSO, DSO, SSO,

LNG SO, producers and traders)

Lithuania household consumers, consumers,

energy’s undertakings

energy’s undertaking (e.g. a person

who is engaged in energy activities)

Macedonia household customers, non-household

customers, wholesale customers,

eligible customers, business enterprises

TSO, DSO, suppliers, traders

Nigeria Residential Customers (Household),

Commerical, Industrial and Special

Customers (Non household/business

enterprises)

Distribution System Operator (DSO)

Pakistan residential, commercial, industrial and

agriculture customers

distribution companies, transmission

companies and generation companies

Romania all customers suppliers, DSO, TSO

Russia all customers service providers, regulators

Saudi Arabia all customers DSO

Slovakia all customers TSO, DSO, supplier

Turkey household customers, non-household

customers, final customers, wholesale

customers, eligible customers, business

enterprises

DSO, TSO, suppliers, producers

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© ERRA 2016

9. Is it a prerequisite for the parties involved to take measures for the settlement of the

dispute or complaint before they are entitled to initiate a dispute settlement procedure

or complaint handling procedure with the NRA?

disputes complaints

Armenia No No

BiH, FERK Yes No

BiH, RERS Yes Yes

Estonia No No

Georgia No No

Hungary Yes Yes

Latvia Yes No

Lithuania Yes No

Macedonia No Yes

Nigeria Yes Yes

Pakistan Yes Yes

Romania Yes No

Russia No No

Saudi Arabia No Yes

Slovakia Yes No

Turkey Yes Yes

10. Is there any time limitation or condition restriction to file a complaint or application for

dispute settlement to a service provider and the NRA?

Disputes Complaints

Armenia No No

BiH, FERK 15 days after receiving written answer

of DSO or supplier / trader

15 days after receiving written

decision of DSO

BiH, RERS Subjective term is 30 days, while

objective term is a year.

15 days from receipt of the decision

which the customer complaints about.

Estonia No No

Georgia 3 years from the date of occurrence of

the dispute 10 days after drawing offense act

Hungary No No

Latvia Application can be submitted to the

NRA within 3 year from the date of

occurrence of the dispute.

No

Lithuania Yes

Application can be submitted to the No

BENCHMARK ANALYSIS:


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© ERRA 2016

NRA no later than one year after

applying the company

Macedonia

No

15 days to file a complaint after

receiving an official act from the

service provider.

Nigeria No. however, once a complaint is

received, there is a timeline for its

resolution.

No

Pakistan Application must be submitted within

one year from the date of occurrence

of the cause of action

Complaint must be submitted within

one year from the date of occurrence

of the cause of action

Romania Application must be submitted to the

NRA within 30 days from the date of

dispatch of invitations to conciliation.

No

Russia The deadline for submission of

application for pre-trial dispute is 3

months from the date when the

applying learned or should have

learned about the violation of his/her

rights.

The deadline for submitting the

statement of disagreement is 30 days

starting from the date of acceptance

by the executive authorities of the

Russian Federation in the field of state

regulation of tariffs, by the local

authorities of the settlement,

municipal decision-making bodies on

prices (tariffs) setting.

No

Saudi Arabia No No

Slovakia 45 days / one year from the receiving

written answer of DSO or supplier /

trader, it depends on if it is small

enterprise or consumer

No

Turkey

No

It depends on the subject matter of

complaint and consumers file a

complaint to service provider within 8

days/6 months/1 year after receiving

bill. As a general rule, there is no time

limitation to file a complaint to the

NRA – in case of pending litigation.

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© ERRA 2016

11. What are the results of the examining complaints and disputes by the NRA?

Complaints Disputes

Annulment of service

provider’s action

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Macedonia

Nigeria – Resolution of the

complaints

Pakistan – the result is

resolution of the issue

Romania

Russia

Saudi Arabia

Slovakia

Turkey

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Macedonia

Nigeria – Resolution of the

disputes

Pakistan – the result is

resolution of the issue

Romania

Russia

Saudi Arabia

Slovakia

Tukey

Obliging the service

provider to act in

accordance with the laws

and regulations

Armenia

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Macedonia

Nigeria – Service providers

are directed to comply with

Regulations and Orders of the

Commission

Pakistan – service providers

are given directions to act in

accordance with the laws and

regulations

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Armenia

BiH, FERK

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Macedonia

Nigeria – Market operators

are directed to comply with

Regulations and Orders of the

Commission

Pakistan – service providers

are given directions to act in

accordance with the laws and

regulations

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Reimbursement of unjust

payment to customer by

service provider

Armenia

Georgia

Hungary

Armenia

BiH, RERS

Georgia

BENCHMARK ANALYSIS:


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© ERRA 2016

Macedonia

Nigeria – Credit adjustments

in units of energy are raised

ifo the complainant

Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Hungary

Pakistan

Romania

Saudi Arabia

Slovakia

Turkey

Imposing a penalty on

service provider

Armenia

Estonia

Latvia

Nigeria – Sanctions and fines

are imposed on service

providers

Pakistan

Romania

Russia

Slovakia

Turkey

Armenia

Estonia

Georgia

Latvia

Nigeria – Sanctions and fines

are imposed on service

market operators.

Pakistan

Russia

Turkey

Amendments of

legislation

Armenia

Georgia

Hungary

Macedonia

Pakistan – Laws can be

amended from time to time

keeping in view new

developments

Romania

Russia

Saudi Arabia

Slovakia

Turkey

Armenia

Georgia

Hungary

Macedonia

Pakistan – Laws can be

amended from time to time

keeping in view new

developments

Russia

Saudi Arabia

Slovakia

Turkey

Public announcement to

inform customers

BiH, RERS

Estonia

Georgia

Hungary

Macedonia

Nigeria – Public notices and

announcements

Pakistan – Yes, through print

media

Russia

BiH, RERS

Estonia

Georgia

Hungary

Latvia

Macedonia

Nigeria – Public notices and

announcements

Pakistan – Yes, through print

media

BENCHMARK ANALYSIS:


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© ERRA 2016

Saudi Arabia

Slovakia

Turkey

Russia

Slovakia

Turkey

Other Lithuania complaint handling

results depending on the

requirement can be:

satisfy the requirement of

the complaint;

partly satisfy the

requirement of the

complaint;

dismiss the requirement of

the complaint.

Russia

Imposing sanctions on the

executive authorities of the

Russian Federation in the

field of state regulation of

prices (tariffs);

Eliminating the revealed

violations, including the

revision of prices (tariffs)

regulated by the state;

Cancelling decisions of

executive authorities of the

Russian Federation in the

field of state regulation of

tariffs, adopted by

exceeding their authority in

the field of state regulation

of prices (tariffs).

BiH, FERK – proposal of

correct service provider's

action or suggestion to start

the court procedure

Lithuania dispute settlement

are related to the contract for

energy supply and the results

depending on the

requirement can be:

satisfy the requirement;

partly satisfy the

requirement;

dismiss the requirement.

Russia

Imposing sanctions on the

executive bodies of the

subjects of the Russian

Federation in the field of

state regulation of prices

(tariffs);

Eliminating the revealed

violations, including the

revision of prices (tariffs)

regulated by the state.

12. Is the dispute settlement procedure and the complaint handling procedure provided by

the NRA voluntary or mandatory?

disputes complaints

voluntary mandatory voluntary mandatory

Armenia x x

BiH, FERK x x

BiH, RERS x x

Estonia x x

Georgia x x

Hungary x x

Latvia x x

Lithuania x x

BENCHMARK ANALYSIS:


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© ERRA 2016

Macedonia x x

Nigeria x x

Pakistan x x

Romania x x

Russia x x

Saudi Arabia x x

Slovakia x x

Turkey in case of dispute

between

customer /

consumer and

service provider

in case of dispute

between two or

more service

providers

x

13. Does the NRA take a decision regarding the matter of examination of a dispute and a

customer complaint?

13.1. Does the NRA take a decision regarding the matter of examination of a dispute?

NRA takes a decision

NRA doesn’t take a

decision

the decision is binding

upon the parties

involved

the decision is

recommending

Armenia x

BiH, FERK x

BiH, RERS x

Estonia x

Georgia x

Hungary x

Latvia x

Lithuania x the decision is

binding upon the

energy’s undertaking

Macedonia x

Nigeria x

Pakistan x

Romania x

Russia x

Saudi Arabia x

Slovakia there is an agreement

signed among the

parties, NRA can say

that the decision is

BENCHMARK ANALYSIS:


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© ERRA 2016

binding upon them

Turkey x

13.2. Does the NRA take a decision regarding the matter of examination of a customer

complaint?

NRA takes a decision

NRA doesn’t take a

decision

the decision is binding

upon the parties

involved

the decision is

recommending

Armenia x

BiH, FERK x

BiH, RERS x

Estonia x

Georgia x

Hungary x

Latvia in case NRA takes a

decision

NRA usually delivers a

reasoned reply in

writing

Lithuania x

Macedonia x

Nigeria x

Pakistan x

Romania x

Russia x

Saudi Arabia x

Slovakia x x

Turkey x

14. If the decision is binding upon the parties involved, are there any penalties that may be

imposed for failure to comply with the decision? Which public authority is empowered

to impose penalties? What kind of penalties can be imposed?

penalties may be imposed penalties may not be

imposed public authority kind of penalties

Armenia

NRA

premonition, penalties,

suspension of license,

termination of license

BiH, FERK NRA or court amercements, fine

BiH, RERS NRA or administrative

court

forced execution of

financial obligation or

fine

Estonia NRA

penalties, enforcement

orders

BENCHMARK ANALYSIS:


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© ERRA 2016

Georgia NRA penalty

Hungary NRA and Hungarian

Authority for Consumer

Protection

fine against the service

provider / DSO

Latvia NRA

fine, the obligation to

perform certain actions

Lithuania The decision is

enforced in accordance

with the procedure set

out in the Civil

Procedure Code

Macedonia court fine

Nigeria

NRA

penalties, fines,

suspension of license,

termination of license

Pakistan The decision is binding

until not challenged

before a competent

court of law.

Financial Penalties can

be imposed.

Romania NRA fine

Russia

NRA, executive bodies

of subjects of the

Russian Federation in

the field of state

regulation of prices

(tariffs), court,

prosecutor services

administrative fine;

eliminating the

revealed violations;

cancelling decisions of

executive authorities of

the Russian Federation

in the field of state

regulation of tariffs,

adopted by exceeding

their authority in the

field of state regulation

of prices (tariffs);

disqualification

Saudi Arabia The Disputes

Resolution Committee

and court

fine

Slovakia

NRA or court

financial penalties,

obligations to execute

something/prevent

from something

Turkey NRA administrative fine

BENCHMARK ANALYSIS:


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© ERRA 2016

15. Who takes a decision on behalf of the NRA?

Armenia The members of Public Services Regulatory Commission of the Republic of

Armenia – Commissioners

BiH, FERK Members of NRA – Commissioners

BiH, RERS Regulatory Commission or court

Estonia There is no board of the regulatory authority. Decisions are signed by

Director General after coordination with relevant departments and their

heads.

Georgia Commissioners with majority of votes

Hungary President

Latvia The Council of the NRA

Lithuania Commission of NRA

Macedonia The decision is taken by the majority votes of the 5 members of the

Commission for Complaint Handling (3 commissioners and 2 staff

members).

Nigeria Decisions are taken by the Commission consisting of seven commissioners

(inclusive of the chairman and vice chairman) and signed by the chairman or

the vice chairman acting in capacity of the chairman

Pakistan Decisions are taken by the authority comprising of five members.

Romania The committee established within NRA

Russia Collegial bodies of FAS Russia

Saudi Arabia Disputes handled by the Disputes Resolution Committee: – committee takes

a decision by majority of the committee members.

Disputes handled by the NRA: by following mediation procedure and the

case can transfer to the dispute resolution committee.

Slovakia There is department of inspection that can take a decision on applying some

penalty.

Turkey In case of disputes about conditions and agreements of grid connections

between licensees, the board of NRA renders decision. In case of all kinds of

disputes between customers and licensees, relevant market department of

NRA renders decisions generally.

16. Are there any specific requirements for the documents (application) submitted to the

NRA in order to initiate the dispute settlement procedure or complaint handling

procedure?

Disputes Complaints

Armenia yes yes

BiH, FERK no yes

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BiH, RERS yes yes

Estonia no no

Georgia yes yes

Hungary yes yes

Saudi Arabia no yes

Latvia no no

Lithuania yes yes

Macedonia no no

Nigeria yes yes

Romania yes no

Russia yes yes

Slovakia yes no

Turkey yes yes

17. Within what period of time the dispute and complaint shall be examined by NRA?

Disputes Complaints

Armenia Depends on the dispute, in general

30 days

Depends on the complaint, in

general 30 days

BiH, FERK within 7 working days within 60 days from the day when

the complaint was received, but this

period may be extended for the

additional 60 days if NRA needs to

get more information

BiH, RERS within 30 - 60 days within 30 - 60 days

Estonia Depends on the dispute, 30 - 60

days. If NRA requests information

necessary for resolving a complaint,

the run of these terms will be

suspended until receipt of such

requested information.

Depends on the complaint, 30 - 60

days. If NRA requests information

necessary for resolving a complaint,

the run of these terms will be

suspended until receipt of such

requested information.

Georgia 15 – 30 days, if necessary can be

prolonged to 90 days

30 days, if necessary can be

prolonged to 60 days

Hungary 45 days 45 days

Latvia Within three month from the day of

taking the decision regarding the

initiation of the examination of the

dispute.

Within 1 month, more complex cases

- within 4 month or 1 year.

Lithuania Within 90 days, it can be prolonged

for 30 days.

Within 20 working days from the

beginning of the procedure, it can

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© ERRA 2016

be prolonged for 10 working days.

Macedonia Maximum 60 days with possibility for

extension for additional 60 days.

Maximum 60 days with possibility for

extension for additional 60 days.

Nigeria Arbitration – 30 days upon receipt of

all documents; mediation – 30

business days.

The Commission mandates the

service provider to provide a

resolution within 15 working days.

Beyond that, a maximum of 60 days

from the date the Forum receives the

complaint.

Pakistan Within 30 days from the date of

filing of application, however usually

a reminder of 15 days is also served

upon the respondent for the

submission of compliance report.

Within one week of receipt of the

complaint.

Romania Within 60 days from the date of

application with possibility for

extension in some cases.

in maxim 30 days

Russia The decision on the results of

reviewing the pre-trial dispute is

made no later than 90 days from the

date of the application. In certain

cases, the period of pre-trial review

may be extended.

The decision on the results of

reviewing the statements of

disagreements is made no later than

60 days from the date of the

application. In certain cases, the

review period of disagreements may

be extended.

Complaints are reviewed within 30

days from the date of registration.

The term of consideration may be

extended.

Saudi Arabia there is no timeframe, the time

period depends on the complexity of

the dispute

NRA decision made (by practice)

within 15 working days starting from

the submission of all documents

required

Slovakia within 60 days from the date of

application, by difficult cases it can

be prolonged to 90 days. By ARS

within 90 days, it can be prolonged

by 30 days more, even repeatedly.

usually within 45 days, no legal

period of time

Turkey time period depends on the

complexity of disputes but disputes

Time period depends on the

complexity of complaints but

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© ERRA 2016

generally shall be examined within

30 days by the NRA. On the other

hand, disputes related to connection

to grid should be settled within 60

days.

disputes generally shall be examined

within 30 days by the NRA.

18. May the decision (reply) of the NRA regarding the dispute and the complaint be

appealed to a court? What is the role of the NRA in court proceedings?

18.1. May the decision (reply) of the NRA regarding the dispute be appealed to a court?

the decision (reply) the role of the

regulatory authority may be appealed may not be appealed

Armenia x defendant

BiH, FERK x

BiH, RERS x defendant, expert

Estonia in the administrative

court

defendant

Georgia x defendant

Hungary x defendant

Latvia If the party involved in

a dispute is not

satisfied with the

decision of the NRA

regarding the

examination of the

dispute, he or she is

entitled to apply to

court or arbitration in

accordance with the

procedure determined

by the Civil Procedure

Law and the court or

arbitration shall

examine such matter on

the merits.

NRA has no role in the

proceedings

Lithuania If the party involved in

a dispute is not

satisfied with the

decision of the NRA

third party, expert

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© ERRA 2016

regarding the

examination of the

dispute, he or she is

entitled to apply to a

general court in

accordance with the

procedure determined

by the Civil Procedure

Law and the court shall

examine such matter on

the merits.

Macedonia x defendant

Nigeria x defendant, third party

(interested party),

expert

Pakistan before the High Court defendant

Romania x defendant

Russia x defendant, third party

(interested party),

expert

Saudi Arabia To the dispute

resolution committee.

defendant

Slovakia x

Turkey x defendant

18.2. May the decision (reply) of the NRA regarding the complaint be appealed to a court?

the decision (reply) the role of the

regulatory authority may be appealed may not be appealed

Armenia x defendant

BiH, FERK x defendant

BiH, RERS x defendant, expert

Estonia in the administrative

court

defendant

Georgia x defendant

Hungary x defendant

Latvia in the administrative

court

defendant

Lithuania A person have the right

to appeal against a

decision of complaint

defendant

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© ERRA 2016

on the administrative

procedure adopted by

an entity of public

administration at his

own choice either to

the Administrative

Disputes Commission

or to the administrative

court in accordance

with the procedure laid

down by the law.

Macedonia x defendant

Nigeria x defendant, third party

(interested party),

expert

Pakistan before the High Court defendant

Romania x

Russia x defendant, third party

(interested party),

expert

Saudi Arabia both parties (customer

/ service provider)

should object to the

Disputes Resolution

Committee

Slovakia x

Turkey x defendant

19. What is the charge for the settlement of disputes and complaints in the NRA?

Russia: The state duty for making decision out of court – 160 000 rubles, for decisions on

disagreement – 80 000 rubles. State duty for reviewing complaints is not charged.

Nigeria: there is a charge (no information about the amount of the charge).

In other countries, there is no charge for the settlement of disputes and complaints.

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20. Data collection and reporting on disputes and complaints.

20.1. Are the service providers and NRA obliged to report about the number and nature of

received and resolved customer complaints and examined disputes?

NRA service provider

yes no yes no

Armenia x x

BiH, FERK x x

BiH, RERS x x

Estonia x x

Georgia x x

Hungary x x

Latvia x electricity DSO

Lithuania x x

Macedonia x x

Nigeria x x

Pakistan x x

Romania x x

Russia x x

Saudi Arabia x x

Slovakia x x

Turkey x x

20.2. Does the NRA obtain complaint handling or dispute settlement data from other institutions?

yes no

Armenia x

BiH, FERK from the Consumer Protection

Ombudsman and inspection

BiH, RERS DSO and other institutions

Estonia x

Georgia x

Hungary from the Hungarian Authority

for Consumer Protection

Latvia x

Lithuania x

Macedonia x

Nigeria x

Pakistan x

Romania x

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© ERRA 2016

Russia from the executive bodies of

the constituent entities of the

Russian Federation in the field

of state regulation of prices

(tariffs)

Saudi Arabia x

Slovakia x

Turkey x

20.3. Is there any institution publishing complaint handling or dispute settlement data?

yes no

Armenia x

BiH, FERK NRA

BiH, RERS NRA

Estonia x

Georgia x

Hungary x

Saudi Arabia x

Latvia NRA, Consumer Rights

Protection Centre,

Ombudsman

Lithuania x

Macedonia NRA

Nigeria x

Pakistan x

Romania x

Russia NRA – information regarding

results of examining disputes

Slovakia x

Turkey The Ombudsman institution,

The Committee on Petitions,

Mediation Department

21. Is there a compensation / redress scheme for service provider in the event it fails to

meet deadline to answer a complaint or other cases?

yes no

Armenia x

BiH, FERK x

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© ERRA 2016

BiH, RERS x

Estonia x

Georgia in electricity sector in gas sector

Hungary x

Latvia in electricity sector

Lithuania x

Macedonia x

Nigeria x

Pakistan x

Romania x

Russia x

Saudi Arabia x

Slovakia x

Turkey for electricity market

22. Are customer complaints or examined disputes used for market monitoring and

identification of market malfunctioning and benchmarking analysis on efficiency and quality

of service among service providers?

yes no

Armenia x

BiH, FERK x

BiH, RERS x

Estonia x

Georgia x

Hungary x

Latvia x

Lithuania x

Macedonia x

Nigeria x

Pakistan x

Romania x

Russia x

Saudi Arabia x

Slovakia x

Turkey x

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