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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
BENCHMARK ANALYSIS:
Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries
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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:
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.
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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
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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
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)
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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
Nigeria- As stipulated in the
Regulation
Romania
Saudi Arabia
Slovakia
Turkey
On web sites of
the NRA
Armenia
BiH, FERK
BiH, RERS
Estonia
Latvia
Lithuania
Macedonia
Nigeria- As stipulated in the
Regulation
Pakistan
Romania
Russia
Saudi Arabia
Slovakia
Turkey
Armenia
BiH, FERK
BiH, RERS
Estonia
Hungary
Latvia
Lithuania
Macedonia
Nigeria- As stipulated in the
Regulation
Pakistan
Romania
Russia
Saudi Arabia
Slovakia
Turkey
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In contracts Armenia
Bosnia and Herzegovina (FERK)
Estonia
Georgia
Latvia
Lithuania
Macedonia
Nigeria-Terms and Conditions of
Licensees
Saudi Arabia
Slovakia
Turkey
Armenia
Bosnia and Herzegovina (FERK)
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
centre of the service provider
Lithuania – at the customer service
centre of the service provider etc.
Pakistan
Hungary – at the customer service
centre of the service provider
Latvia – at the customer service
centre of the service provider
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
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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
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
Nigeria – NRA: Electricity
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
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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
Nigeria – NRA: Electricity
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
Nigeria – NRA: Electricity
Pakistan
Romania
Russia
Saudi Arabia
Slovakia
Turkey
Bills Armenia
BiH, FERK
BiH, RERS
Georgia
Hungary (only non-household
customers)
Lithuania
Nigeria
Pakistan
Armenia
Georgia
Hungary (only non-household
customers)
Lithuania
Macedonia
Nigeria – NRA: Electricity
Pakistan
Romania
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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
Nigeria – NRA: Electricity
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
Nigeria – NRA: Electricity
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
Nigeria – NRA: Electricity
Pakistan
Romania
Saudi Arabia
Turkey
Metering Armenia
BiH, FERK
BiH, RERS
Estonia
Georgia
Armenia
Estonia
Georgia
Latvia
Macedonia
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Latvia
Pakistan
Romania
Saudi Arabia
Slovakia
Turkey
Nigeria – NRA: Electricity
Pakistan
Romania
Saudi Arabia
Slovakia
Turkey
Disconnection due
to no or late
payment
Armenia
BiH, FERK
BiH, RERS
Estonia
Georgia
Hungary (only non-household
customers)
Nigeria
Pakistan
Romania
Saudi Arabia
Slovakia
Turkey
Armenia
Estonia
Georgia
Hungary (only non-household
customers)
Macedonia
Nigeria – NRA: Electricity
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
Nigeria – NRA: Electricity
Pakistan
Romania
Saudi Arabia
Slovakia
Turkey – restricted with the
situations regarding quality of
energy and supply, which are
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
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.
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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
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
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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 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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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
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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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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
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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
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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
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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
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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
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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
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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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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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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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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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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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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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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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