Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries

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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

May, 2016 BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries

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: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries

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.

1 © ERRA 2016 BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries

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

3 © ERRA 2016 BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries 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. 4 © ERRA 2016 BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries

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.

It is not specified According to a law According to whether the powers According to a law and secondary secondary legislation arise from the law or legislation secondary legislation Armenia (electricity Georgia (electricity, Nigeria (electricity) and gas) gas and water Pakistan (electricity) BiH, FERK (electricity) Lithuania (electricity BiH, RERS (electricity and gas) and gas) Slovakia (electricity Estonia (electricity and gas) and gas) Turkey (electricity Georgia (electricity and gas) 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

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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.

Is the breakdown of responsibilities among the NRA Yes and other related authorities clear? Armenia NGOs, Ombudsman, Court. NGOs and Ombudsman are responsible for the protection of consumer Yes rights, but only NRA and Court have responsibility to handle consumer complaints. BiH, FERK Consumer protection Ombudsman is authorised for all Yes kinds of consumer complaints BiH, RERS Ombudsman is authorized for all No kinds of consumer complaints. Estonia Consumer Protection Board Yes Georgia There are no other authorities charged with customer protection. Hungary The Hungarian Authority for Yes Consumer Protection Latvia Consumer Rights Protection Yes Centre, Ombudsman Lithuania State Energy Inspectorate under the ministry of Energy, Yes Consumer Protection Authority Macedonia Public Attorney (Ombudsman), State Market Inspectorate and Organization of Customers of Yes Macedonia. For customer complaint handling, beside ERC, responsible authority is the 12 © ERRA 2016 BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries

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 Through enabling laws (EPSR Act conciliation and to ensure that 2005 and Decree 66 of the 1992 consumer interests receive due Federation law) consideration at appropriate forums and provide redress for the exploitation of consumers. (Chapter C25 Laws of the Federation of Nigeria) Pakistan In energy sector – Oil & Gas Yes Regulatory Authority Romania National Authority for customer protection, that are handling all Yes kind of complaints but only for house hold consumer. Russia The Ministry of Energy, the Ministry of Construction Industry, Housing and Utilities Sector, Federal Service for Surveillance on Consumer Rights Protection and Yes Human Wellbeing, prosecution authorities, state authorities of the Russian Federation in the field of state regulation of prices (tariffs). Saudi Arabia The Disputes Resolution Yes Committee. Slovakia Slovak Trade Inspection Yes Turkey Ministry of Energy and Natural Authorities entitled to examine Resources, Directorate General of complaints sometimes examine the Consumer Protection and Market same complaints at the same time Surveillance established under in the scope of their Ministry of Customs and Trade, responsibilities. In order to give a The Committee on Petitions decision they generally ask for established under Grand National expert opinion from the NRA and Assembly of Turkey. 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 BiH, RERS provided by an Estonia energy company Georgia Macedonia Saudi Arabia Mediation procedure BiH, RERS provided by the NRA Latvia Lithuania Macedonia Nigeria Romania Slovakia Saudi Arabia Out-of-court dispute Armenia settlement BiH, FERK procedure provided BiH, RERS by the NRA 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 BiH, FERK – Ombudsman settlement BiH, RERS – Ombudsman, but in case of protection of human rights in procedure provided institutional meaning e.g. if the institution works in line with law and by another public secondary legislation. authority 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

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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 Armenia – customer may apply directly to the court settlement BiH, FERK – customer may apply directly to the court procedures 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 Armenia- in some cases, it is necessary to Estonia evaluate the competence of NRA and the Georgia competition authority regarding the specific case. Hungary Latvia – in some cases, it is necessary to Lithuania evaluate the competence of NRA and the Macedonia competition authority regarding the specific Pakistan case. Romania Russia Saudi Arabia Turkey

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 Armenia Estonia BiH, FERK Georgia Estonia Hungary Georgia Latvia Hungary Lithuania Latvia Macedonia Lithuania Nigeria-Secondary legislation Macedonia (Market Rules) Nigeria-Secondary Legislation (Regulations) 15 © ERRA 2016 BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries

Romania Romania Russia Russia Saudi Arabia Saudi Arabia Slovakia Turkey Turkey In bills Georgia Georgia Latvia (for final customers) Latvia (for final customers) Pakistan Nigeria- As stipulated in the Romania Regulation Pakistan Romania Turkey On web sites of BiH, FERK BiH, FERK the service BiH, RERS BiH, RERS providers Estonia Estonia Georgia Georgia Hungary Hungary Latvia Latvia Lithuania Lithuania Macedonia Macedonia Romania Nigeria- As stipulated in the Slovakia Regulation Romania Saudi Arabia Slovakia Turkey On web sites of Armenia Armenia the NRA BiH, FERK BiH, FERK BiH, RERS BiH, RERS Estonia Estonia Latvia Hungary Lithuania Latvia Macedonia Lithuania Nigeria- As stipulated in the Macedonia Regulation Nigeria- As stipulated in the Pakistan Regulation Romania Pakistan Russia Romania Saudi Arabia Russia Slovakia Saudi Arabia Turkey Slovakia Turkey

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In contracts Armenia Armenia Bosnia and Herzegovina (FERK) Bosnia and Herzegovina (FERK) Estonia Estonia Georgia Georgia Latvia Latvia Lithuania Lithuania Macedonia Macedonia Nigeria-Terms and Conditions of Nigeria-bilateral contracts with Licensees customers (Form 74) Saudi Arabia Saudi Arabia Slovakia Turkey Turkey Public Georgia Georgia campaigns Lithuania Hungary Macedonia Macedonia Romania Nigeria – Media Campaigns and Slovakia stakeholders' consultations Romania Saudi Arabia Slovakia Other Hungary – at the customer service Hungary – at the customer service centre of the service provider centre of the service provider Latvia – at the customer service Latvia – at the customer service centre of the service provider centre of the service provider Lithuania – at the customer service Lithuania – at the customer service centre of the service provider etc. centre of the service provider etc. Pakistan 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

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

Disputes Complaints Connection to the Armenia Armenia grid BiH, RERS BiH, FERK Estonia BiH, RERS Georgia Estonia Hungary Georgia Latvia Hungary Lithuania Latvia Nigeria Lithuania Pakistan Macedonia Romania Nigeria – NRA: Electricity Russia Pakistan Saudi Arabia Romania Slovakia Russia Turkey Saudi Arabia Slovakia Turkey Conditions of the Armenia Armenia connection to the BiH, RERS BiH, FERK grid Estonia BiH, RERS Georgia Estonia Hungary Georgia Latvia Hungary Lithuania Latvia Nigeria Lithuania Pakistan Macedonia Romania Nigeria – NRA: Electricity Russia Pakistan Saudi Arabia Romania Slovakia Russia Turkey Saudi Arabia Slovakia Turkey Conditions of Armenia Armenia supply of energy BiH, FERK Georgia BiH, RERS Hungary Estonia Latvia Georgia Lithuania Hungary Macedonia

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Latvia Nigeria-NRA: Electricity Lithuania Pakistan Macedonia Romania Pakistan Saudi Arabia Romania Slovakia Saudi Arabia Turkey Slovakia Turkey Conditions of the Armenia Armenia agreement Estonia Estonia Georgia Georgia Hungary Latvia Latvia Nigeria – NRA: Electricity Macedonia Pakistan Pakistan Romania Romania Saudi Arabia Saudi Arabia Slovakia Slovakia Turkey Turkey Tariffs/ prices Armenia Armenia BiH, FERK Estonia BiH, RERS Georgia Georgia Hungary Hungary Latvia Latvia Lithuania Lithuania Macedonia Nigeria Nigeria – NRA: Electricity Pakistan Pakistan Romania Romania Russia Russia Saudi Arabia Saudi Arabia Slovakia Slovakia Turkey Turkey Bills Armenia Armenia BiH, FERK Georgia BiH, RERS Hungary (only non-household Georgia customers) Hungary (only non-household Lithuania customers) Macedonia Lithuania Nigeria – NRA: Electricity Nigeria Pakistan Pakistan Romania

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Romania Saudi Arabia Saudi Arabia Slovakia Slovakia Turkey Turkey Quality of energy BiH, FERK Georgia BiH, RERS Hungary Georgia Latvia Hungary Macedonia Latvia Nigeria – NRA: Electricity Nigeria Pakistan Pakistan Romania Saudi Arabia Saudi Arabia Slovakia Slovakia Turkey Turkey Quality of supply Armenia Armenia BiH, FERK Estonia BiH, RERS Georgia Estonia Hungary Georgia Latvia Hungary Nigeria – NRA: Electricity Latvia Pakistan Macedonia Romania Nigeria Saudi Arabia Pakistan Slovakia Saudi Arabia Turkey Slovakia Turkey Illegal use of Armenia – manipulated indicators Armenia – manipulated indicators energy and BiH, FERK Estonia manipulated BiH, RERS Georgia indicators Estonia Hungary Georgia Macedonia Hungary Nigeria – NRA: Electricity Pakistan Pakistan Slovakia Romania Turkey Saudi Arabia Saudi Arabia Turkey Metering Armenia Armenia BiH, FERK Estonia BiH, RERS Georgia Estonia Latvia Georgia Macedonia

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Latvia Nigeria – NRA: Electricity Pakistan Pakistan Romania Romania Saudi Arabia Saudi Arabia Slovakia Slovakia Turkey Turkey Disconnection due Armenia Armenia to no or late BiH, FERK Estonia payment BiH, RERS Georgia Estonia Hungary (only non-household Georgia customers) Hungary (only non-household Macedonia customers) Nigeria – NRA: Electricity Nigeria Pakistan Pakistan Romania Romania Saudi Arabia Saudi Arabia Slovakia Slovakia Turkey Turkey Supplier change/ Armenia – Currently, supply is not Armenia – Currently, supply is not switching separated from distribution. separated from distribution. BiH, FERK Estonia BIH, RERS Hungary Georgia Latvia Hungary Lithuania Latvia Macedonia Lithuania Pakistan Romania Romania Slovakia Slovakia Turkey Turkey Redress Armenia Armenia BiH, FERK Hungary BIH, RERS Lithuania Estonia Nigeria – NRA: Electricity Hungary Pakistan Lithuania Romania Nigeria Saudi Arabia Saudi Arabia Slovakia Slovakia Turkey – restricted with the Turkey – restricted with the situations regarding quality of situations regarding quality of energy and supply, which are energy and supply, which are prescribed by regulations of NRA prescribed by regulations of NRA

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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 Another Another NRA NRA Authority Authority Armenia Yes Court Yes Court BiH, FERK No No No No BiH, RERS The state NRA The state NRA No No (DERK) (DERK) 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.

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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 Armenia service provider 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 Armenia providers 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

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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 DSO, TSO, generation companies and all customers 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 DSO, service provider, universal all service provider Latvia all customers / consumers and any Any service provider (TSO, DSO, SSO, service provider (TSO, DSO, SSO, LNG LNG SO, producers and traders) SO, producers and traders) Lithuania household consumers, consumers, energy’s undertaking (e.g. a person energy’s undertakings who is engaged in energy activities) Macedonia household customers, non-household customers, wholesale customers, TSO, DSO, suppliers, traders eligible customers, business enterprises Nigeria Residential Customers (Household), Commerical, Industrial and Special Distribution System Operator (DSO) Customers (Non household/business enterprises) Pakistan residential, commercial, industrial and distribution companies, transmission agriculture customers 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 DSO, TSO, suppliers, producers customers, eligible customers, business enterprises

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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 15 days after receiving written of DSO or supplier / trader decision of DSO BiH, RERS Subjective term is 30 days, while 15 days from receipt of the decision objective term is a year. which the customer complaints about. Estonia No No Georgia 3 years from the date of occurrence of 10 days after drawing offense act the dispute Hungary No No Latvia Application can be submitted to the NRA within 3 year from the date of No occurrence of the dispute. Lithuania Yes No Application can be submitted to the

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NRA no later than one year after applying the company Macedonia 15 days to file a complaint after No receiving an official act from the service provider. Nigeria No. however, once a complaint is received, there is a timeline for its No resolution. Pakistan Application must be submitted within Complaint must be submitted within one year from the date of occurrence one year from the date of occurrence of the cause of action of the cause of action Romania Application must be submitted to the NRA within 30 days from the date of No dispatch of invitations to conciliation. 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 No 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. Saudi Arabia No No Slovakia 45 days / one year from the receiving written answer of DSO or supplier / No trader, it depends on if it is small enterprise or consumer Turkey It depends on the subject matter of complaint and consumers file a complaint to service provider within 8 No 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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11. What are the results of the examining complaints and disputes by the NRA?

Complaints Disputes Annulment of service BiH, FERK BiH, RERS provider’s action BiH, RERS Estonia Estonia Georgia Georgia Hungary Hungary Latvia Latvia Macedonia Macedonia Nigeria – Resolution of the Nigeria – Resolution of the disputes complaints Pakistan – the result is Pakistan – the result is resolution of the issue resolution of the issue Romania Romania Russia Russia Saudi Arabia Saudi Arabia Slovakia Slovakia Tukey Turkey Obliging the service Armenia Armenia provider to act in BiH, FERK BiH, FERK accordance with the laws BiH, RERS BiH, RERS and regulations Estonia Estonia Georgia Georgia Hungary Hungary Latvia Latvia Macedonia Macedonia Nigeria – Service providers Nigeria – Market operators are directed to comply with are directed to comply with Regulations and Orders of the Regulations and Orders of the Commission Commission Pakistan – service providers Pakistan – service providers are given directions to act in are given directions to act in accordance with the laws and accordance with the laws and regulations regulations Romania Romania Russia Russia Saudi Arabia Saudi Arabia Slovakia Slovakia Turkey Turkey Reimbursement of unjust Armenia Armenia payment to customer by Georgia BiH, RERS service provider Hungary Georgia

Macedonia Hungary Nigeria – Credit adjustments Pakistan in units of energy are raised Romania ifo the complainant Saudi Arabia Pakistan Slovakia Romania Turkey Saudi Arabia Slovakia Turkey Imposing a penalty on Armenia Armenia service provider Estonia Estonia Latvia Georgia Nigeria – Sanctions and fines Latvia are imposed on service Nigeria – Sanctions and fines providers are imposed on service Pakistan market operators. Romania Pakistan Russia Russia Slovakia Turkey Turkey Amendments of Armenia Armenia legislation Georgia Georgia Hungary Hungary Macedonia Macedonia Pakistan – Laws can be Pakistan – Laws can be amended from time to time amended from time to time keeping in view new keeping in view new developments developments Romania Russia Russia Saudi Arabia Saudi Arabia Slovakia Slovakia Turkey Turkey Public announcement to BiH, RERS BiH, RERS inform customers Estonia Estonia Georgia Georgia Hungary Hungary Macedonia Latvia Nigeria – Public notices and Macedonia announcements Nigeria – Public notices and Pakistan – Yes, through print announcements media Pakistan – Yes, through print Russia media

Saudi Arabia Russia Slovakia Slovakia Turkey Turkey Other Lithuania complaint handling BiH, FERK – proposal of results depending on the correct service provider's requirement can be: action or suggestion to start • satisfy the requirement of the court procedure the complaint; Lithuania dispute settlement • partly satisfy the are related to the contract for requirement of the energy supply and the results complaint; depending on the • dismiss the requirement of requirement can be: the complaint. • satisfy the requirement; Russia • partly satisfy the • Imposing sanctions on the requirement; executive authorities of the • dismiss the requirement. Russian Federation in the Russia field of state regulation of • Imposing sanctions on the prices (tariffs); executive bodies of the • Eliminating the revealed subjects of the Russian violations, including the Federation in the field of revision of prices (tariffs) state regulation of prices regulated by the state; (tariffs); • Cancelling decisions of • Eliminating the revealed executive authorities of the violations, including the Russian Federation in the revision of prices (tariffs) field of state regulation of regulated by the state. tariffs, adopted by exceeding their authority in the field of state regulation of prices (tariffs).

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 30 © ERRA 2016 BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries

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 in case of dispute between between two or customer / x more service consumer and providers service provider

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 the decision is binding NRA doesn’t take a the decision is upon the parties decision recommending involved 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

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 the decision is binding NRA doesn’t take a the decision is upon the parties decision recommending involved Armenia x BiH, FERK x BiH, RERS x Estonia x Georgia x Hungary x Latvia in case NRA takes a NRA usually delivers a decision 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 public authority kind of penalties imposed Armenia premonition, penalties, NRA suspension of license, termination of license BiH, FERK NRA or court amercements, fine BiH, RERS forced execution of NRA or administrative financial obligation or court fine Estonia penalties, enforcement NRA orders

Georgia NRA penalty Hungary NRA and Hungarian fine against the service Authority for Consumer provider / DSO Protection Latvia fine, the obligation to NRA perform certain actions Lithuania The decision is enforced in accordance with the procedure set out in the Civil Procedure Code Macedonia court fine Nigeria penalties, fines, NRA suspension of license, termination of license Pakistan The decision is binding until not challenged Financial Penalties can

before a competent be imposed. court of law. Romania NRA fine Russia • administrative fine; • eliminating the revealed violations; NRA, executive bodies • cancelling decisions of of subjects of the executive authorities of Russian Federation in the Russian Federation the field of state in the field of state regulation of prices regulation of tariffs, (tariffs), court, adopted by exceeding prosecutor services their authority in the

field of state regulation of prices (tariffs); • disqualification Saudi Arabia The Disputes Resolution Committee fine and court Slovakia financial penalties, obligations to execute NRA or court something/prevent from something Turkey NRA administrative fine

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

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 Depends on the complaint, in 30 days 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 Depends on the complaint, 30 - 60 days. If NRA requests information days. If NRA requests information necessary for resolving a complaint, necessary for resolving a complaint, the run of these terms will be the run of these terms will be suspended until receipt of such suspended until receipt of such requested information. requested information. Georgia 15 – 30 days, if necessary can be 30 days, if necessary can be prolonged to 90 days prolonged to 60 days Hungary 45 days 45 days Latvia Within three month from the day of Within 1 month, more complex cases taking the decision regarding the - within 4 month or 1 year. initiation of the examination of the dispute. Lithuania Within 90 days, it can be prolonged Within 20 working days from the for 30 days. beginning of the procedure, it can

be prolonged for 10 working days. Macedonia Maximum 60 days with possibility for Maximum 60 days with possibility for extension for additional 60 days. extension for additional 60 days. Nigeria Arbitration – 30 days upon receipt of The Commission mandates the all documents; mediation – 30 service provider to provide a business days. 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 Within one week of receipt of the filing of application, however usually complaint. a reminder of 15 days is also served upon the respondent for the submission of compliance report. Romania Within 60 days from the date of in maxim 30 days application with possibility for extension in some cases. Russia The decision on the results of Complaints are reviewed within 30 reviewing the pre-trial dispute is days from the date of registration. made no later than 90 days from the The term of consideration may be date of the application. In certain extended. 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. Saudi Arabia there is no timeframe, the time NRA decision made (by practice) period depends on the complexity of within 15 working days starting from the dispute the submission of all documents required Slovakia within 60 days from the date of usually within 45 days, no legal application, by difficult cases it can period of time be prolonged to 90 days. By ARS within 90 days, it can be prolonged by 30 days more, even repeatedly. Turkey time period depends on the Time period depends on the complexity of disputes but disputes complexity of complaints but

generally shall be examined within disputes generally shall be examined 30 days by the NRA. On the other within 30 days by the NRA. hand, disputes related to connection to grid should be settled within 60 days.

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 may be appealed may not be appealed regulatory authority Armenia x defendant BiH, FERK x BiH, RERS x defendant, expert Estonia in the administrative defendant court Georgia x defendant Hungary x defendant Latvia If the party involved in NRA has no role in the a dispute is not proceedings 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. Lithuania If the party involved in third party, expert 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 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 defendant resolution committee. 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 may be appealed may not be appealed regulatory authority Armenia x defendant BiH, FERK x defendant BiH, RERS x defendant, expert Estonia in the administrative defendant court Georgia x defendant Hungary x defendant Latvia in the administrative defendant court Lithuania A person have the right defendant to appeal against a decision of complaint

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.

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

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

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