Dumitru Chisăliță
The way the transition from a regulated market to a free market is carried-out to non-household customers is one marked by the dominance of suppliers – suppliers who had sold gas at regulated prices to non-household customers until 31 December 2014 – in connection with non-household customers.
2 years and a half ago, the Gas Law established January 1, 2015 as the date on which the regulated market for non-household customers disappears for enacting the gas market on which gas can be traded freely.
Two and a half years ago the “Masterplan” for gradual transition from the liberalized market to the free market was established, which contained two directions:
- The calendar of deregulation of gas prices, ensuring a gradual increase of the price from the regulated price to the market price. It was implemented by the Romanian Government through several Government Decisions.
- The customer information and dissemination plan by which training for customers would be provided until January 1, 2015 was mainly an obligation for the gas market regulator. This had to be carried out during 2012 – 2014 and have not been realized.
Gas market liberalization began two years and a half ago; the training for customers until January 1, 2015 was an essential component of the “Masterplan”, but did not materialize.
The liberalization of the gas market for non-household customers was transformed from an opportunity for customers, into an opportunity for suppliers.
On November 6, 2014, with less than 30 working days before the deadline on which the non-household customers had to leave the regulated market, ANRE imposed to the suppliers that sell gas in the regulated market for non-household customers to inform their clients that they are obliged to go to the free market no later than 31 December 2014, or accept the continuance for 6 months of the existing contract in December with the supplier, but with a price proposed (imposed) by the supplier.
Naturally, in order to prevent losing customers, the suppliers have made in late November 2014 a formal, incomplete, deficient “Information” of the customers, so that they would understand that the continuation of the relationship with them is in their advantage.
Lack of customer information, the short time allotted for negotiations between suppliers and non-household customers, and the lack of mediation of the misunderstandings resulting from negociations between former regulated non-household customers and gas suppliers are intentional elements that confer a dominant position to the suppliers on January 1, 2015.
After “convincing” the customers on the liberalization process, in December 2014, the gas suppliers have submitted disadvantageous gas bids for their own non-household customers, understanding that:
a) Even the customers possessing the knowledge and ability will not have enough time to negotiate, in the context of the days off during the month of December 2014,
b) According to the gas law, if by 31 December 2014, a supply agreement is not concluded, a twofold crime is commited:
- by the supplier: gas delivery without an agreement;
- by the client: fraudulent consumption without an agreement;
and the legal obligation of the providers to stop the gas supply.
c) In accordance with the Gas Law, ANRE cannot intervene in mediating (pre-commercial) issues occurring between the gas suppliers and the non-household customers, that are required to become eligible on January 1 2015, although the issues that arise between suppliers and customers are therefore:
- the mandatory transition process from the regulated market to the liberalized market;
- the fact that the process was conducted during the winter holidays, characterized by inactivity;
- the fact that the information and bids for the available quantities of gas 2015 related, were submitted in less than 30 working days prior to 31 December 2014, the date of expiry of existing agreements;
- the fact that the process takes place in the middle of winter, which makes any limitation of gas supply to bring potential damages;
- the lack of implementation of the program of disseminating information regarding the transition from a regulated market to a free market (obligation according to the Memorandum on deregulation of the regulated prices to undertake a master plan for informing consumers, obligation that was not honored);
- the establishment of the semi-regulatory period of 6 months imposed by ANRE (1 January to 30 June 2015) to ensure the gradual transition from the regulated market to the non-regulated market, in order to protect non-household customers and to ensure the continuity of gas supply.
Customers are put in the only possible situation – to accept the received offer, otherwise incurring the risk of being disconnected from gas in the middle of winter.
The liberalization of the gas market for non-household customers was transformed from an opportunity for customers, into an opportunity for suppliers.
We will continue to present you how much the price of gas offered to the non-household customers increased from 1 January 2015, how large was the reduction of the price that some non-household customers have obtained (very few had the necessary knowledge to conduct a proper negotiation) in the negotiation from 1 January 2015, which are the “dangers” of the supply agreements submitted by the customers, what the state institutions had to do and did not perform etc. An analysis on the hikes will by puslished on Wednesday.
In order to develop the gas market, the real liberalization, to protect the customers by disseminating essential information, the transmission of the necessary knowledge for negotiation, counseling etc, I decided to launch the campaign for Fair Gas Prices on:
Blogs
This initiative was joined so far by: S.C. GECS S.R.L. Phone: 0729376189, email: manager at gecs.ro, S.C. Gas & Energy Expert S.R.L. Phone: 0723923923, email: office at ost.com.ro, that will offer advice, free for non-household customers in the following period.
We invite you to join this initiative to have fair prices for gas.
