REERS

Legal Department

General Information

In order to realize the aims of the Law on electricity of Republic of Srpska, pursuant to Article 23, Regulator supervises and regulates the relationships between generation, distribution and buyers of electric energy, including supply of electric energy, prescribes bases of the process for adoption of rules and regulations and bases of the procedures which are applied in different scopes of its work. Apart from that, Article 27 provides that Regulator prescribes rules and procedures in accordance with it and according to Article 28, at the request of the party, it settles disputes between the participants related to:

  • the right for supply and obligation of delivery of the electric energy,
  • the right of access to the distribution network,
  • tariffs for delivery of the electric energy,
  • interruptions in the electric energy supply,
  • refusal of the electric energy delivery.

Legal department is, inter alias, responsible for realization of the works within the scope of competences of the Regulator:

  • It takes care about harmonization of all general acts made by Regulator with legal and sub-Act regulations in BiH,
  • It takes care about harmonization of all single acts made by the Regulator with legal and sub-Act regulations in BiH, Republic of Srpska and rules and regulations of the Regulator,
  • It ensures that all processes of the Regulator are harmonized with the rules and regulations of the Regulator as well as that they are completely transparent,
  • It prepares drafts and final rules and regulations proposed by the Regulator and it estimates the justifiability of all comments which the Regulator received from the public,
  • It chairs the public hearings related to the disputes settlement, gives detailed and fair recommendations to the Regulator regarding the disputes’ settlement,
  • It analyzes the proposed legislation and decisions by the Government of Republic of Srpska and their impact on the electric power sector,
  • It represents the Regulator before the competent judicial bodies and bodies of the legislative and executive authorities,
  • It follows international and regional development, especially related to EU and regional market process of the South-East Europe.

About Hearings

For the purposes of protection of the general public interest, Article 30 of the Procedural Rules of the Regulatory commission for electricity of Republic of Srpska provides that the Regulator may lead several different public hearings during the procedures described in the Procedural Rules, including general, formal and technical hearing.

In order to ensure a quick, effective, cost-effective and transparent procedure of the public hearings, the Regulator makes Rule about public hearings and settlement of disputes and complaints. For the same activities, it is necessary to reach synchronization with the procedures of the State Regulatory commission and Regulatory Commission for electricity in BiH Federation.

 

The rule about public hearings determines types of the public hearings, general, technical and formal hearing, and the way the hearing is held. Common characteristic of all hearings is its transparency for the public. Regulator informs the public about any hearing in one of the media, briefly describing the issues which will be discussed. It is on Regulator to define the type of hearing which will be conducted in any procedure which should be held.

 

General hearing

General hearing is the hearing organized for the public which is led in order to get comments of the interested persons and representatives of the public about the rule, regulation or any other documents proposed by the Regulator. Participation of the public is encouraged because in that way direct collection of the public comments is provided.

Regulator publishes on its web site an appropriate document which is the subject of the general hearing, and at the written request it submits it to the interested person by mail, charging the justified costs.

Interested persons may submit the written comments which will be carefully analyzed by the Regulator.

Presiding Officer may limit the time for oral comments giving during the general hearing in order to enable the participation of as many participants in the hearing as possible.

 

Technical hearing

Technical hearing is the hearing organized and held by the Regulator with the aim of the procedural and substantial issues treatment which it encounters, in order to process them. Technical hearing may be held in order to settle a technical issue within the tariff or license issuance procedure or any other procedure led before the Regulator and which includes sharing of information between Regulator and participants in the procedure.

Technical hearing may also be an expert hearing about some issues which Regulator encounters and which requires further consideration with the hearing attended by certain experts, parties to the procedure, interveners, interested persons and/or representatives of the general public.

Regulator publishes a short Notice for the public about the hearing with participation of the experts containing the issues that will be discussed with a description of the technical hearing procedure.

Regulator may limit participation for the parties to the procedure and interveners but it has to let the presence of the public at the technical hearing.

 

Formal hearing

Formal hearing is the hearing organized with the aim to establish relevant facts for REERS to settle the dispute or complaint. Formal hearing includes conduct of the hearing of evidence with all means necessary to establish the facts such as documents, testimonies of the parties to the procedure and witnesses and statement with the right of cross-questioning, inspections, findings and expert opinions etc.

 

Formal hearing may be held regarding:

    • the aim to settle the dispute or disputed issue between participants in the electricity market,
    • the right for the electricity supply,
    • the right of access to the distribution network,
    • obligation of the electricity delivery,
    • tariffs for delivery of electricity,
    • interruptions in the electricity supply,
    • refusal of the electricity supply and
    • quality of the electricity supply.

More detailed information about public hearings, informing and participation of the public on them, preparatory and accompanying procedures may be found in the Rule book about public hearings and settlement of disputes and complaints which is available on these pages.


Decision Making

Regulator makes decisions in the sessions which are held when needed, but at least once in 30 days. The sessions are called by the President of the Regulator. The same may be initiated also by any member of the Regulator with the written proposal to call the session.

All sessions are public except internal meetings and a closed portion of the regular session.

 

Regular sessions

Regular sessions are as a rule held in the head office of the Regulator but may also be held in some other place determined by the Regulator. The public is informed about the date, time and place of the regular session holding, as well as about the agenda, at least 5 days before the session is held.

If needed, Regulator may decide that a portion of the regular session is closed for the public (in order to protect confidential information or trade secret). The Regulator policy is, whenever possible, to avoid holding of the closed portion of the regular session and, whenever possible, proceedings are held in a form of the session open for the public.

 

Emergency session

Emergency session is called in case of emergency or to inform the public about the danger for health, safety or welfare of the public. These sessions are open for the public.

 

Internal meeting

Regulator organizes its daily activities through internal meetings on which the final decisions about the internal administrative issues may be made. Internal meeting is called at least once in 15 days.

Decisions about the issues which are under the Regulator competence, defined by Article 23 of the Law on electricity, may not be made at these meetings, but decisions’ proposals may be prepared which shall be discussed in the next regular session of the Regulator.

Internal meetings are not open for the public, although Regulator may, by its own decision, approve of the presence of the interested persons and their representatives.

 

Decisions making

Regulator may preliminary vote about any issue in the regular sessions or internal meetings before the final voting, if it is asked by any member of the Regulator. This voting has no impact on the final voting and serves Regulator to consider and formulate the decision about the complex issues.

When the president of the Regulator establishes that the hearing about some issue is over, he calls members of the Regulator to vote. Final decision about the issues which are under Regulator competence established by the Law on electricity is always made in the regular session.

Voting about all decisions and conclusions of the Regulator is public. Decision, i.e. conclusion is considered to have been passed if the majority of total number of the Regulator members has voted for it.

All final decisions of the Regulator are published in the “Official Gazette of Republic of Srpska”.

Decisions of the Regulator are final. Party which is not satisfied with the decision may initiate the administrative dispute before the competent court but in that way it does not prevent implementation of the Regulator decision.

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