Focus on Energy, 2010 - Karanovic & Nikolic

Focus on Energy, 2010 - Karanovic & Nikolic Focus on Energy, 2010 - Karanovic & Nikolic

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and valid under the law, is considered by the Government for a maximum 30 days from the date of submission.At a proposal by the MoE, the Government enacts a decision regarding the authorization for theconstruction of a new power production plant.The very construction of power plants is regulated under the Law on Construction, published in the OfficialGazette of Macedonia no. 130/2009 (the “Construction Law”), dividing various energy constructions inthree different categories, presented in the table below.FIRST CATEGORYNuclear PP, thermal and hydro PP with an installed capacity over 10MW, power transmission lineswith voltagelevel over 110kV, oil pipelines, product pipelines, major gas pipelinesSECOND CATEGORYThermal and hydro PP with an installed capacity between 1 and 10MW, constructions for powerproduction using renewable resources with an installed capacity over 1MW, power transmission lineswith voltagelevel between 35 and 110kV, transformer substations over 35kV, municipality main gasnetworks, constructions with energy production capacities52THIRD CATEGORYThermal and hydro PP with an installed capacity up to 1MW, with wind turbines, constructions forthe production of electricity using renewable resources with an installed capacity up to 1MW, powertransmission lines with voltage level between 10 and 35kVFOCUS ON ENERGYThe constructions listed in the first and second categories are treated as being in the public interest. TheMinistry of Environment and Physical Planning of Macedonia (“MoEPP”) is authorized to issue all requiredpermits regarding the construction of the mentioned structures. The third category of structures are locallymanaged under the Construction Law. Accordingly, building permits are issued by the local self-governments.Oil and gasRegarding oil and gas regulatory rules, the Energy Law prescribes the different energy activities that entitiescan perform (presented in the table below). These provisions of the Energy Law also prescribe the obligationsand authorizations of the performers of such activities.

GAS ENERGY ACTIVITIESOIL ENERGY ACTIVITIES*natural gas transmission*natural gas transmission system operation;*natural gas distribution;*natural gas distribution system operation;*natural gas supply for tariff consumers connectedto the natural gas transmission system;*natural gas supply for captive consumers connectedto the natural gas distribution system;transit of natural gas and*natural gas trading, ancillary services fornatural gas.*oil and oil derivates transportation via pipelines,i.e., product pipelines;*oil processing and oil derivates production;*oil and/or oil derivates storage, as well as thestorage of biofuels and blends of liquid fossil fuelsused transport with biofuels;*transit of oil or derivates, and*trading with oil derivates, biofuels and blends ofliquid fossil fuels used for transport, with biofuels.The ERC is the authorized body for the issuing of licenses, grid rules and for price monitoring and pricedetermination in the oil and gas sectors. This is done through the issuing of by-laws. Such an example isthe “Rulebook on the Method of Price Regulation for Natural Gas Transmission, Distribution and Supply”,which was published in December 2009. Under this rulebook, the ERC is authorized to determine theprices for natural gas.The “Rulebook for the Conditions, Method and Procedure for Obtaining and Terminating Eligible ConsumerStatus for Natural Gas”, also enacted by the ERC, regulates the procedures and required documentation forthe acquiring of the status of an eligible consumer of natural gas.53With regard to oil, the Energy law prescribes the obligations and general regulation of the entities performingoil energy activities into three groups: (i) transit of crude oil and/or oil derivatives, (ii) wholesale of oilderivatives and (iii) retail of oil derivatives. The capped prices of the refinery and retail prices for the oilderivatives are set by the ERC, according to enacted by-laws on the matter 7 .Renewable EnergyEnergy produced from RES is regulated under the Energy Law in terms of the strategic tendencies andobligations undertaken with the Energy Community Treaty. A strategy on renewable energy has not beendeveloped yet, although the Energy Law provisions dedicated to renewable energy relies on the existenceof such a strategic document. Renewable energy is further regulated with the Rulebook on RenewableRecourses for the Production of Electricity, published in the Official Gazette of Macedonia no. 127/2008(the “RES Rulebook”). Besides the general rules regarding renewable energy facilities, the RES Rulebookdetermines the different types of renewable recourses facilities for:FOCUS ON ENERGYThe Energy Agency of Macedonia (the “Energy Agency”) is the policy maker in this area, together withthe Government. Besides policy making, the Energy Agency issues guaranties for the origin of electricityproduced using renewable sources. These guaranties are issued in the form of a certificate, which enablesthe producer of energy to qualify as a privileged producer. Holding such certificates enables the RES-usingproducers to benefit from privileged (feed-in) tariffs 8 .7 The ERC enacts decisions on price of the oil and oil derivatives on regular basis. In 2009, 27 different decisions were enacted, correcting the prices inreflection of the crude oil prices in the international markets.8 Feed-in or privileged tariff is a policy mechanism designed to encourage the adoption of renewable energy sources. It typically includes three key

GAS ENERGY ACTIVITIESOIL ENERGY ACTIVITIES*natural gas transmissi<strong>on</strong>*natural gas transmissi<strong>on</strong> system operati<strong>on</strong>;*natural gas distributi<strong>on</strong>;*natural gas distributi<strong>on</strong> system operati<strong>on</strong>;*natural gas supply for tariff c<strong>on</strong>sumers c<strong>on</strong>nectedto the natural gas transmissi<strong>on</strong> system;*natural gas supply for captive c<strong>on</strong>sumers c<strong>on</strong>nectedto the natural gas distributi<strong>on</strong> system;transit of natural gas and*natural gas trading, ancillary services fornatural gas.*oil and oil derivates transportati<strong>on</strong> via pipelines,i.e., product pipelines;*oil processing and oil derivates producti<strong>on</strong>;*oil and/or oil derivates storage, as well as thestorage of biofuels and blends of liquid fossil fuelsused transport with biofuels;*transit of oil or derivates, and*trading with oil derivates, biofuels and blends ofliquid fossil fuels used for transport, with biofuels.The ERC is the authorized body for the issuing of licenses, grid rules and for price m<strong>on</strong>itoring and pricedeterminati<strong>on</strong> in the oil and gas sectors. This is d<strong>on</strong>e through the issuing of by-laws. Such an example isthe “Rulebook <strong>on</strong> the Method of Price Regulati<strong>on</strong> for Natural Gas Transmissi<strong>on</strong>, Distributi<strong>on</strong> and Supply”,which was published in December 2009. Under this rulebook, the ERC is authorized to determine theprices for natural gas.The “Rulebook for the C<strong>on</strong>diti<strong>on</strong>s, Method and Procedure for Obtaining and Terminating Eligible C<strong>on</strong>sumerStatus for Natural Gas”, also enacted by the ERC, regulates the procedures and required documentati<strong>on</strong> forthe acquiring of the status of an eligible c<strong>on</strong>sumer of natural gas.53With regard to oil, the <strong>Energy</strong> law prescribes the obligati<strong>on</strong>s and general regulati<strong>on</strong> of the entities performingoil energy activities into three groups: (i) transit of crude oil and/or oil derivatives, (ii) wholesale of oilderivatives and (iii) retail of oil derivatives. The capped prices of the refinery and retail prices for the oilderivatives are set by the ERC, according to enacted by-laws <strong>on</strong> the matter 7 .Renewable <strong>Energy</strong><strong>Energy</strong> produced from RES is regulated under the <strong>Energy</strong> Law in terms of the strategic tendencies andobligati<strong>on</strong>s undertaken with the <strong>Energy</strong> Community Treaty. A strategy <strong>on</strong> renewable energy has not beendeveloped yet, although the <strong>Energy</strong> Law provisi<strong>on</strong>s dedicated to renewable energy relies <strong>on</strong> the existenceof such a strategic document. Renewable energy is further regulated with the Rulebook <strong>on</strong> RenewableRecourses for the Producti<strong>on</strong> of Electricity, published in the Official Gazette of Maced<strong>on</strong>ia no. 127/2008(the “RES Rulebook”). Besides the general rules regarding renewable energy facilities, the RES Rulebookdetermines the different types of renewable recourses facilities for:FOCUS ON ENERGYThe <strong>Energy</strong> Agency of Maced<strong>on</strong>ia (the “<strong>Energy</strong> Agency”) is the policy maker in this area, together withthe Government. Besides policy making, the <strong>Energy</strong> Agency issues guaranties for the origin of electricityproduced using renewable sources. These guaranties are issued in the form of a certificate, which enablesthe producer of energy to qualify as a privileged producer. Holding such certificates enables the RES-usingproducers to benefit from privileged (feed-in) tariffs 8 .7 The ERC enacts decisi<strong>on</strong>s <strong>on</strong> price of the oil and oil derivatives <strong>on</strong> regular basis. In 2009, 27 different decisi<strong>on</strong>s were enacted, correcting the prices inreflecti<strong>on</strong> of the crude oil prices in the internati<strong>on</strong>al markets.8 Feed-in or privileged tariff is a policy mechanism designed to encourage the adopti<strong>on</strong> of renewable energy sources. It typically includes three key

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