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Ukraine NERC Twinning Fiche Draft EU TACIS PROJECT TWINNING FICHE Regulatory and Legal Capacity Strengthening of Natural Gas Regulation in NERC EU TACIS – Regulatory and Legal Capacity Strengthening of Natural Gas Regulation in NERC ______________________________________________________________________________ List of Acronyms BCM Billion Cubic meters CAPEX Capital Expenditure CEER Council of European Energy Regulators CGM Competitive Gas Market CHP Combined Heat and Power CIS Commonwealth of Independent States CMU Cabinet of Ministers COLS Corrected Ordinary Least Squares CoM Cabinet of Ministers DEA Data Envelopment Analysis DSO Distribution System Operator EBRD European Bank of Reconstruction and Development ECSEE Energy Community of South East Europe ENP European Neighbourhood Policy ERGEG European Regulatory Group for Electricity and Gas ERRA European Regional Regulatory Association EU European Union GLAWG Gas Legal Approximation Working Group GoU Government of Ukraine GRWG Gas Regulatory Working Group IEM Internal Energy Market Mcm Million cubic meters MoU Memorandum of Understanding MFE Ministry of Fuel and Energy (Mintoenergo) MTE Medium Term Experts NERC National Electricity Regulatory Commission NRA National Regulatory Authorities Oblgaz Gas Distribution and Supply Company OPEX Operating (and maintenance) expenditures or costs PAO Programme Administration Office (overseeing Twinning Projects) PC Price Control PSC Project Steering Committee RAB Regulatory Asset Base REM Regional Energy Market RIT Resident Interpreter/Translator RTA Resident Twinning Advisor RTPA Regulated Third Party Access SFA Stochastic Frontier Analysis STE Short term Experts SWOT Strengths, Weaknesses, Opportunities, Threats TA Technical Assistance Tcm Thousand cubic meters TSO/DSO Transmission/ Distribution System Operator UAH Ukranian Hyrvnia (1 US$ approximates 5.05 UAH) WACC Weighted Average Cost of Capital - 2 - EU TACIS – Regulatory and Legal Capacity Strengthening of Natural Gas Regulation in NERC ______________________________________________________________________________ BASIC INFORMATION 1.1 PROGRAMME: TACIS 1.2 TWINNING NUMBER: UA08/PCA/EY/12 1.3 TITLE: Regulatory and Legal Capacity Strengthening of Natural Gas Regulation in NERC 1.4 SECTOR: Energy 1.5 BENEFICIARY COUNTRY: Ukraine 2. OBJECTIVE 2.1 OVERALL OBJECTIVE: A more transparent, efficient and competitive Ukrainian Gas Market that functions in line with European Union (EU) best practices. 2.2 PROJECT PURPOSE: The purpose of the project is to improve capacity within NERC to undertake the proper development and implementation of primary and secondary legislation, regulatory work and adaptive decision-taking. 2.3 CONTRIBUTION TO THE PARTNERSHIP AND CO-OPERATION AGREEMENT (PCA), EUROPEAN NEIGHBOURHOOD POLICY (ENP) and NATIONAL DEVELOPMENT ACTION PLAN The Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine (PCA) stipulates that “Co-operation shall take place within the principles of the market economy and the European Energy Charter, against a background of the progressive integration of the energy markets in Europe”. This co-operation shall include among others the following areas: • formulation of energy policy; • improvement in management and regulation of the energy sector in line with a market economy; • the introduction of the range of institutional, legal, fiscal and other conditions necessary to encourage increased energy trade and investment; • management and technical training in the energy sector. Developed in the context of the recent enlargement of May 2004, the European Union (EU) adopted on 11 March 2003 a new framework for its relations with its neighbours, including Ukraine, which materialized in 2004 in the European Neighbourhood Policy (ENP). The ENP aims at reinforcing ties with neighbouring and partner countries by fostering the political and economic reform process and promoting closer economic integration, legal and technical approximation and sustainable development. In order to implement the ENP, an Action Plan was jointly adopted by the EU and Ukraine on the 21 February 2005. In this action plan Ukraine commits to: • adopt an overall energy policy converging towards EU energy policy objectives; • gradually converge towards the principles of the EU internal electricity and gas markets; - 3 - EU TACIS – Regulatory and Legal Capacity Strengthening of Natural Gas Regulation in NERC ______________________________________________________________________________ • make progress on the development of energy networks, the transit of natural gas, energy efficiency and the use of renewable energy sources, among others. The Action Plan was subsequently followed up with a Memorandum of Understanding (MOU)1 in December 2005 in which both partners agreed to integrate the electricity and gas markets into the EU IEM through … implementation of key elements of the acquis communautaire on energy, environment, competition and renewables…a level-playing field in terms of equivalent basic rules with respect to market access, infrastructure and opening, as well as compatible environmental and safety standards will facilitate substantial electricity trade between the EU and Ukraine…align[ing] its legislation with the relevant Community rules in line with the timetable envisaged in the annexes to the [draft] Energy Community Treaty of South East Europe (ECSEE). Additionally, it was agreed that attempts would be made to …reform electricity tariffs and gas pricing, develop approaches to ease the impact of reforms on vulnerable customers, reduction of network losses, in particular transmission losses, an increase in energy efficiency necessary to abate demand, measures to ensure full payments for providing electricity and gas, diversity of supply, including energy substitution by, e.g., renewable energy sources, whilst maintaining a free market framework and optimisation of the energy mix in the electricity generation with a view to increase efficiency, environmental safety, operational reliability, and security of supply. It was also agreed that by the end of 2006 to use best endeavours “…to establish or contribute to an Energy Regulatory Authority independent of the interests of the Gas industry, having, as a minimum, the responsibilities referred to in the EU Gas Directive 2003/55 and Gas TSOs having the tasks referred to, and fulfilling the criteria contained in the relevant articles of the EU Gas Directive with respect to their independence from other activities not related to transmission”. Since then a number of Joint EU-Ukraine working groups have been established on nuclear safety, the integration of Electricity and Gas markets, security of energy supplies and the transit of hydrocarbons, the coal sector and energy efficiency and renewable energies. Recently, an EU progress report on the implementation of the MOU confirmed that a draft law had been prepared in 2007 that provided for the complete separation of the Energy Regulator (NERC) from the industries that it regulates and that efforts are underway to ensure that NERC is to be funded through a special fund under the state budget.2 3. DESCRIPTION The focus of this Twinning project is to support the implementation of the objectives of EU-Ukraine Action Plan and the MoU. Specific direction for this focus came from an earlier preparatory project in 2005 to the “Strengthening of the Administrative and legal framework in the field of Energy regulation in Ukraine” project which aimed at identifying the main regulatory assistance needs of NERC. This preparatory project recommended that the twinning project address the strengthening of NERC’s capacity in policy design and implementation in incentive regulation, quality of supply standards, unbundling of distribution and supply of a regulated tariff, transmission pricing and support to the harmonisation of energy legislation with the Acquis Communautaire. 1 The MoU is cited at www.ukraine-eu.mfa.gov/eu/en/news/detail/1345.htm 2 See the Second Joint EU-Ukraine Report: Implementation of the EU-Ukraine Memorandum of Understanding on Energy Cooperation during 2007 (dated 14 Sept 2007). - 4 - EU TACIS – Regulatory and Legal Capacity Strengthening of Natural Gas Regulation in NERC ______________________________________________________________________________ 3.1 BACKGROUND AND JUSTIFICATION: Current Gas Structure The notable feature of the current structure of the gas sector is the dominance of a vertically and diagonally integrated company (VIC) which through its subsidiaries or associate companies – is in control of most of the activities along the gas chain ranging from exploration and production through to supplies to the end customer. The company - Naftogaz - was established in 1998 as a joint-stock company based on the 100% shares of the state joint- stock companies, created by a re-organisation of the companies within Naftogaz’s structure. The companies are not allowed to be privatised as stated in legislation. Figure 1: Current Structure of the Gas Sector (as of June 2007) Source: NERC Import Production Ukraine is the fourth largest importer of gas (excluding transit purposes) in the world. It has always relied heavily on imported gas to make up the difference between consumption requirements (around 76BCM/year) and domestic production (around 20BCM/year). Since January 2006 the imports of gas have been underpinned by a new set of arrangements agreed between Ukraine and Russia. Today, gas is bought by RosUkrEnergo and sold by a JV - 5 - EU TACIS – Regulatory
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