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The President of Energy Regulatory Office granted the first certificate of independence of transmission system operator in Poland

The process of granting the transmission system operator for electricity - Polskie Sieci Elektroenergetyczne the certificate of fulfillment of the conditions and criteria of independence, carried by the President of Energy Regulatory Office, was finished on 4th June 2014.

 

For Polskie Sieci Elektroenergetyczne being granted the certificate of independence means that the operator has been recognized as independent in both legal and organizational terms, but also as being capable of making decisions regardless of other activities not related to electricity transmission. The President of Energy Regulatory Office has been conducting an administrative proceeding for several months, during which the compliance of PSE with criteria listed in article 9d paragraph 1a of Energy Law was assessed. In April 2014 the European Commission gave its positive opinion on the draft decision of the regulator to grant a certificate of independence to PSE SA.

- This is the first certification process of this type carried out in Poland. It is also extremely important considering thatthe independence of transmission system operators is one of the pillars of the security of electricity supply to consumers - said Maciej Bando, the President of ERO.

Only companies that obtained the certificate of independence, i.e. remain independent of economic activities in the generation and supply of natural gas and electricity, can be appointed to act as transmission system operators. Therefore, being granted the certificate of independence was an indispensable condition for renewing PSE’s status as transmission system operator in Poland which expires on 1st July 2014.

The President of ERO grants a certificate of independence upon request of the owner of the transmission network or of a company holding a license to conduct economic activity in the field of electricity and having agreement with the owner of the transmission network delegating to the company the duties of the network operator under its ownership.

In case of the absence of a request or upon request of the European Commission a certificate of independence may also be granted by the President of the ERO ex officio.

During the certification process ERO takes into account the criteria listed in article 9d paragraph 1a of Energy Law stating that in order to ensure the independence of the transmission system operator, the same person or entity is not entitled to:

  1. directly or indirectly exercise control or exercise any right over an undertaking performing any of the functions of either generation or supply of electricity or gas, and directly or indirectly exercise control or exercise any right over a transmission system operator or over a transmission system;
  2. appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking, of a transmission system operator or a transmission system, and directly or indirectly to exercise control or exercise any right over an undertaking performing any of the functions of generation or supply of electricity or gas
  3. be a member of supervisory board, the administrative board or other bodies legally representing the undertaking, of a transmission system operator or a transmission system, and perform these functions in the energy company involved in the generation or supply of electricity or gas.
06.06.2014

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