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Enhancing Regulatory Implementation through GRI.NW Coordination

This document outlines the background, objectives, principles, scope, roles, responsibilities, and possible governance models related to the coordination of regulatory implementation by GRI.NW. The focus is on improving decision-making processes, monitoring, and enforcement in the context of the 3rd package regulations. The proposed objectives aim to enhance regulatory processes, assist ACER in regional coordination, and optimize the use of regulatory resources. Possible shallow and deep governance models are discussed with their advantages and disadvantages. The governance implications of the deep model are explored, including formalizing the RCC remit, recognizing member states' roles, developing operational arrangements, refining other GRI.NW structures, and establishing processes for interaction with ACER. The next steps involve revising proposals following discussions, developing procedural aspects, and engaging with other stakeholders.

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Enhancing Regulatory Implementation through GRI.NW Coordination

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  1. GRI NW and Implementation David Halldearn Energy Market Insights Limited halldearn@blueyonder.co.uk 5 July 2010

  2. Background • NMa identified need to update the Roadmap following adoption of 3rd package • Review identified new role for GRI NW in co-ordinating implementation of 3rd package measures (notably Framework Guideline policies and network codes) • Current project is to specify how GRI NW can take implementation work forwards operationally • The proposals are for discussion!

  3. Objectives • Improve the regulatory implementation process and of decision making by ministries on implementation • Enhance monitoring and enforcement by NRAs where there are cross border aspects • Assist ACER in undertaking its regional co-ordination functions

  4. Principles • GRI NW co-ordinates NRA decisions in the region – it does not take decisions itself • Implementation work undertaken by GRI NW must be complementary to the work of ACER • The work of GRI NW must take account of possible binding guidelines under the 3rd package on NRA co-operation; and of the possibility of binding decisions following dispute resolution by ACER should NRAs disagree • The forward work plan of GRI NW on implementation must take account of the 3 year work plan published by the Commission • Co-ordination should enable more efficient use of regulatory resources

  5. Scope of GRI NW work on implementation • Core co-ordination work: • national implementation by NRAs of European requirements • monitoring activities required of NRAs where there is a cross border interaction • enforcement action by an NRA where there is a cross-border aspect to the case • regulatory assessment of the regional TYNDP • Possible additional co-ordination work: • Interaction between NRAs and member states • regulatory supervision of the implementation work by TSOs

  6. Roles and responsibilities • Member states: formal responsibility for member state compliance • NRAs: Detailed aspects on implementation (although scope varies) and for monitoring and enforcement • TSOs: practical implementation • Stakeholders: -are the customers!

  7. Possible Governance • 2 options: ‘shallow’ and ‘deep’ • Each has different attributes and implies a different level of co-ordination of regulatory decisions • Shallow model assumes voluntary co-operation as now • Deep model assumes formal arrangements exist for co-ordination of regulatory decisions

  8. Shallow model Advantages Disadvantages • No change • No legal barriers • No additional formal governance needed • Low prospects of delivering regulatory co-ordination on implementation • May encourage Agency to propose guidelines to bind NRAs in co-operation • Would not provide a sound basis for co-operation between NRAs on cross-border monitoring and enforcement

  9. Deep model Advantages Disadvantages • Potentially sound basis for NRA co-ordination on implementation, monitoring and enforcement • Formality could integrate GRI NW as recognised (but not formal) part of wider 3rd package institutional structure • Would reinforce shift to compulsory rather than voluntary • A formalised arrangement could be difficult to reach agreement on • Any arrangements must not be bureaucratic

  10. Governance implications of deep model • RCC remit to be formalised based on enhanced agreement • Role of member states to be recognised • Operational arrangements to be developed • Role of other GRI NW structures to be refined • Processes for interaction with ACER to be developed

  11. Next Steps • Proposals to be revised following RCC discussion • Procedural aspects to be developed • Discussions to be held with other involved organisations

  12. Thank you David Halldearn Energy Market Insights Limited halldearn@blueyonder.co.uk 5 July 2010

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