The Energy Regulation and Markets Review - Stikeman Elliott

Switzerland
tariff increases and that the network infrastructure is properly maintained and expanded
in order to guarantee an adequate supply of electricity.
ElCom has been entrusted with extensive judicial powers so that it can effectively
perform its various duties. It monitors compliance with the provisions of the Electricity
Supply Act and the Energy Act, and can pronounce legally binding decisions and rulings
as necessary.
The specific duties of ElCom are to:
a verify the electricity tariffs of customers who do not have free access to the
network, as well as remuneration paid for the input of electricity into the grid. It
is authorised to prohibit unjustified increases in electricity prices, or may order the
reduction of excessively high tariffs. It may take action on the basis of complaints
or in its official capacity;
b mediate and pronounce rulings on disputes relating to free access to the electricity
network. Since 1 January 2009, large-scale consumers can freely choose their
electricity supplier. Small-scale consumers will only have access to the electricity
network from 2014, assuming that no referendum should be called opposing the
full liberalisation of the electricity market;
c rule on disputes relating to cost-covering remuneration of input of electricity that
is to be paid to producers of electricity from renewable energy sources with effect
from 2009;
d monitor the situation with respect to supply security and the condition of the
electricity networks;
e in the case of shortfalls in cross-border transmission lines, to regulate the allocation
of network capacities and coordinate its activities with the European electricity
market regulators; and
f ensure that the transmission network is handed over to the national system
operator (Swissgrid) according to schedule.
There are no specific regulatory authorities for oil and gas as Switzerland does not
produce any. 8
Two other key institutional players (specialist agencies) are the Federal Pipeline
Inspectorate (‘the FPI’) and the Federal Nuclear Safety Inspectorate (‘ENSI’).
The FPI supervises the planning, construction and operation of pipelines for the
transmission of gas and liquid fuels that are subject to the Pipelines Act. The FPI aims to
put the protection of human life and the environment above profitability. 9
ENSI is the national regulatory body with responsibility for the nuclear safety and
security of Swiss nuclear facilities. It is the successor body to HSK from whom it took
over on 1 January 2009. Whereas HSK was part of the FOE, ENSI is an independent
body constituted under public law. By passing the Federal Act on ENSI on 22 June
2007, the two parliamentary chambers in Switzerland resolved to turn HSK into an
agency of federal government constituted under public law and so complied with the
8 www.elcom.admin.ch/index.html?lang=en.
9 www.uvek.admin.ch/org/00469/02946/02960/index.html?lang=fr.
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