Electricity Supply (Amendment No. 2) Regulations, 2022

L.N. 244 of 2022

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Electricity Supply (Amendment No. 2) Regulations, 2022

IN EXERCISE of the powers conferred by article 37(1) of the

Regulator for Energy and Water Services Act, the Minister responsible

for energy and water services, after consultation with the Regulator for

Energy and Water Services, has made the following regulations:-

(1) The title of these regulations is the Electricity Supply Citation,

(Amendment No. 2) Regulations, 2022 and these regulations shall be commencement

and

read and construed as one with the Electricity Supply Regulations, applicability.

hereinafter referred to as "the principal regulations".

(2) These regulations shall be deemed to have come into force

with effect from the 1 st January 2022.

Regulation 36(7)

1. Maximum Tariff for a Non-Residential Premises Service

A Non-Residential Premises Service shall be billed, for any

period or periods as the distribution system operator may, from time to

time determine, such fees and tariffs which shall not exceed the

following fees and tariffs

(1) Without prejudice to the other provisions of these

regulations a Non-Residential Single Phase Service shall be subject to

an annual Service Fee of not more than one hundred twenty Euro

(€120) and a Non-Residential Three Phase Service shall be subject to

an annual Service Fee of not more than three hundred sixty Euro

(2) Without prejudice to the other provisions of these

regulations, a Non-Residential Premises Service shall be subject to one

(1) of the following annual Consumption Tariffs which may be

computed on a pro rata basis

Provided that a distribution system operator may charge

lower fees and tariffs for each of the below categories as may be

approved from time to time in accordance with the provisions of

regulation 36

(a) electricity consumption shall be metered in kWh and

shall be billed at the following tariffs

(i) for every kWh of the first two thousand (2,000)

kWh…… zero point one two one five Euro (€0.1215); and

(ii) for every kWh of the next four thousand (4,000)

kWh…… zero point one two seven five Euro (€0.1275);

and

(iii) for every kWh of the next four thousand (4,000)

kWh…… zero point one three seven three Euro (€0.1373);

and

(iv) for every kWh of the next ten thousand (10,000)

kWh…… zero point one four eight five Euro (€0.1485);

and

(v) for every kWh of the next forty thousand

(40,000) kWh…… zero point one six one three Euro

(€0.1613) and;

(vi) for every kWh of the next forty thousand

(40,000) kWh…… zero point one five zero zero (€0.1500);

and

(vii) for every kWh of the next nine hundred

thousand (900,000) kWh…… zero point one four zero

three Euro (€0.1403); and

(viii) for every kWh of the next four million

(4,000,000) kWh…… zero point one two seven five Euro

(€0.1275); and

(ix) for

every

kWh

of

the

remaining

consumption…… zero point one zero eight zero Euro

(€0.1080); or

(b) the registered consumer on a Non-Residential

Premises Service with a consumption exceeding five million

(5,000,000) kWh may apply to be billed at day and night kWh

rates at the following tariffs

(i) day consumption shall be subject to the

following tariff

(aa) for every kWh of the first two thousand

(2,000) kWh…… zero point one two three zero Euro

(€0.1230); and

(bb) for every kWh of the next four thousand

(4,000) kWh…… zero point one two nine zero Euro

(€0.1290); and

(cc) for every kWh of the next four thousand

(4,000) kWh…… zero point one three eight eight

Euro (€0.1388); and

(dd) for every kWh of the next ten thousand

(10,000) kWh…… zero point one five zero zero Euro

(€0.1500); and

(ee) for every kWh of the next forty thousand

(40,000) kWh…… zero point one six two eight Euro

(€0.1628); and

(ff) for every kWh of the next forty thousand

(40,000) kWh…… zero point one five one five Euro

(€0.1515); and

(gg) for every kWh of the next nine hundred

thousand (900,000) kWh…… zero point one four one

eight Euro (€0.1418); and

(hh) for every kWh of the next four million

(4,000,000) kWh…… zero point one two nine zero

Euro (€0.1290); and

(ii) for every kWh of the remaining

consumption…… zero point one zero nine five Euro

(€0.1095); and

(ii) night consumption shall be subject to the

following tariff

(aa) for every kWh of the first two thousand

(2,000) kWh…… zero point zero nine five three Euro

(€0.0953); and

(bb) for every kWh of the next four thousand

(4,000) kWh…… zero point one zero one three Euro

(€0.1013); and

(cc) for every kWh of the next four thousand

(4,000) kWh…… zero point one one one zero Euro

(€0.1110); and

(dd) for every kWh of the next ten thousand

(10,000) kWh…… zero point one two two three Euro

(€0.1223); and

(ee) for every kWh of the next forty thousand

(40,000) kWh…… zero point one three five zero

Euro (€0.1350); and

(ff) for every kWh of the next forty thousand

(40,000) kWh…… zero point one two three eight

Euro (€0.1238); and

(gg) for every kWh of the next nine hundred

thousand (900,000) kWh…… zero point one one four

zero Euro (€0.1140); and

(hh) for every kWh of the next four million

(4,000,000) kWh…… zero point one zero one three

Euro (€0.1013); and

(ii) for every kWh of the remaining

consumption…… zero point zero eight one eight

Euro (€0.0818); or

(c) the registered consumer on a Non-Residential

Premises Service that is rated above a hundred (100) Amps per

phase may apply to be metered and billed in kVAh at the

following tariffs

(i) for every kVAh of the first two thousand

(2,000) kVAh…… zero point one one one eight Euro

(€0.1118); and

(ii) for every kVAh of the next four thousand

(4,000) kVAh…… zero point one one seven zero Euro

(€0.1170); and

(iii) for every kVAh of the next four thousand

(4,000) kVAh…… zero point one two six zero Euro

(€0.1260); and

(iv) for every kVAh of the next ten thousand

(10,000) kVAh…… zero point one three six five Euro

(€0.1365); and

(v) for every kVAh of the next forty thousand

(40,000) kVAh…… zero point one four eight five Euro

(€0.1485); and

(vi) for every kVAh of the next forty thousand

(40,000) kVAh…… zero point one three eight zero Euro

(€0.1380); and

(vii) for every kVAh of the next nine hundred

thousand (900,000) kVAh…… zero point one two nine zero

Euro (€0.1290); and

(viii) for every kVAh of the next four million

(4,000,000) kVAh…… zero point one one seven zero Euro

(€0.1170); and

(ix) for

every

kVAh

of

the

remaining

consumption…… zero point zero nine nine zero Euro

(€0.0990); or

(d) the registered consumer on a Non-Residential

Premises Service that is rated above a hundred (100) Amps per

phase and has a consumption exceeding five million five

hundred thousand (5,500,000) kVAh may apply to be billed at

day and night kVAh rates at the following tariffs

(i) day consumption shall be subject to the

following tariff

(aa) for every kVAh of the first two thousand

(2,000) kVAh…… zero point one one one three Euro

(€0.1113); and

(bb) for every kVAh of the first four thousand

(4,000) kVAh …… zero point one one eight five Euro

(€0.1185); and

(cc) for every kVAh of the next four thousand

(4,000) kVAh …… zero point one two seven five

Euro (€0.1275); and

(dd) for every kVAh of the first ten thousand

(10,000) kVAh …… zero point one three eight zero

Euro (€0.1380); and

(ee) for every kVAh of the next forty thousand

(40,000) kVAh …… zero point one five zero zero

Euro (€0.1500); and

(ff) for every kVAh of the first forty thousand

(40,000) kVAh …… zero point one three nine five

Euro (€0.1395); and

(gg) for every kVAh of the next nine hundred

thousand (900,000) kVAh …… zero point one three

zero five Euro (€0.1305);

(hh) for every kVAh of the first four million

(4,000,000) kVAh …… zero point one one eight five

Euro (€0.1185); and

(ii) for every kVAh of the remaining

consumption…… zero point one zero zero five Euro

(€0.1005); and

(ii) night consumption shall be subject to the

following tariff

(aa) for every kVAh of the first two thousand

(2,000) kVAh…… zero point zero eight five five

Euro (€0.0855); and

(bb) for every kVAh of the first four thousand

(4,000) kVAh …… zero point zero nine zero eight

Euro (€0.0908); and

(cc) for every kVAh of the next four thousand

(4,000) kVAh …… zero point zero nine nine eight

Euro (€0.0998); and

(dd) for every kVAh of the first ten thousand

(10,000) kVAh …… zero point one one zero three

Euro (€0.1103); and

(ee) for every kVAh of the next forty thousand

(40,000) kVAh …… zero point one two two three

Euro (€0.1223); and

(ff) for every kVAh of the first forty thousand

(40,000) kVAh …… zero point one one one eight

Euro (€0.1118); and

(gg) for every kVAh of the next nine hundred

thousand (900,000) kVAh …… zero point one zero

two eight Euro (€0.1028);

(hh) for every kVAh of the first four million

(4,000,000) kVAh …… zero point zero nine zero

eight Euro (€0.0908); and

(ii) for every kVAh of the remaining

consumption…… zero point zero seven two eight

Euro (€0.0728).

(3) Without prejudice to the other provisions of these

regulations a Non-Residential Premises Three Phase Service

exceeding sixty (60) Amps per phase shall also be subject to a

Maximum Demand Tariff at the following annual cumulative

consumption rates

(a) where consumption does not exceed or is equal to

five million (5,000,000) kWh, at a rate of twenty Euro, fifty

cents (€20.50) per kWh of the Maximum Demand in any period

during the year; or

(b) where consumption does not exceed or is equal to

five million five hundred thousand (5,500,000) kVAh, at a rate of

nineteen Euro twenty cents (€19.20) per kVAh of the Maximum

Demand in any period during the year;

(c) where consumption exceeds five million (5,000,000)

kWh or five million five hundred thousand (5,500,000) kVAh, at

a rate of seventeen Euro twenty cents (€17.20) of the Maximum

Demand in any period during the year.

(4)

All the rates in this Schedule are exclusive of Value Added

Tax.

2. Methodology for the Calculation of Tariffs for the

Provision of a Non-Residential Premises Service

(1) The distribution system operator shall be entitled to use its

own discretion as to how to calculate and bill the amounts derived

from the application of the Consumption Tariffs for a Non-Residential

Premises Services in item 1(2) on a pro rata basis, such that the

distribution system operator shall also be entitled to apportion the

relative thresholds in each of the Consumption Tariffs referred to in

item 1(2) to specific billing periods throughout a year at its discretion,

and apply such thresholds accordingly, on a pro rata basis

Provided that the distribution system operator shall keep

the Regulator informed of any methodology it adopts in calculating

and billing the Consumption Tariffs on a pro rata basis.

(2) Any bill issued by a distribution system operator for a Non-

Residential Premises Services, whether for a pro rata period of any

calendar year or otherwise, shall be due to be paid on the date as

indicated on the bill by the distribution system operator,

notwithstanding that such bill may only refer to a part of a calendar

year.

(3) In order to give effect to the provisions of item 2(1), the

distribution system operator shall use all reasonable endeavours and

procedures, in accordance with the provisions of these regulations, to

obtain a reading of actual consumption incurred by the consumer.

Where the distribution system operator is unable to obtain such a

reading of the actual consumption incurred for reasons beyond its

control, it may thereafter rely on estimates of the actual consumption

incurred by the consumer.

(4) Where a Non-Residential Premises Service is only

provided for a part of a calendar year, the maximum Consumption

Tariffs shall be computed by applying the cumulative thresholds

referred to in item 1(2) proportionately to the days during which a

Non-Residential Premises Service is actually provided by the

distribution system operator, such that each of the units (kWh or

kVAh) referred to in item 1(2) shall be divided by the number of days

in a calendar year and applied accordingly to the applicable billing

period during which a Non-Residential Premises Service is actually

provided.

Regulation 36 of the principal regulations shall be amended Amends

regulation 36 of

by the following

the principal

regulations.

(a) sub-regulations (6), (7) and (8) thereof shall be

substituted by the following new sub-regulations

"(6) For the purposes of these regulations the tariff

for a Residential Premises Service shall not exceed the

maximum tariff established in the First Schedule and shall

be calculated in accordance with the methodology as

outlined in the First Schedule.

(7) For the purposes of these regulations the tariff

for a Non-Residential Premises Service shall not exceed the

maximum tariff established in the Second Schedule and

shall be calculated in accordance with the methodology as

outlined in the Second Schedule.

"(8) For the purposes of these regulations the tariff

for a Domestic Premises Service shall not exceed the

maximum tariff established in the Third Schedule and shall

be calculated in accordance with the methodology as

outlined in the Third Schedule."; and

(b) immediately after sub-regulation (15) thereof there

shall be added the following new sub-regulation

"(16) For the purposes of the First Schedule, the

Second Schedule, and the Third Schedule, "calendar year"

and any other reference to a year (including "annum" or

"annual") means a calendar year commencing on the 1st

January and expiring on the 31st December of each

respective calendar year.".

Regulation 36(8)

1. Maximum Tariff for a Domestic Premises Service

A Domestic Premises Service shall be billed, for any period or

periods as the distribution system operator may, from time to time

determine, such fees and tariffs which shall not exceed the following

fees and tariffs

(1) Without prejudice to the other provisions of these

regulations, a Domestic Premises Service shall be subject to an Annual

Service Fee of sixty-five Euro (€65) for a Single Phase Service and

one hundred ninety-five Euro (€195) for a Three Phase Service.

(2) Without prejudice to the other provisions of these

regulations, a Domestic Premises Service shall be subject to the

following maximum Consumption Tariff, which may be billed on a pro

rata basis. The maximum Consumption Tariff shall be based on a

cumulative consumption, which shall consist of the amounts derived

from the cumulative application of each of the following thresholds,

per annum

(a) for every kWh of the first two thousand (2,000

kWh)…… zero point one three six five Euro (€0.1365); and

(b) for every kWh of the next four thousand (4,000

kWh)…… zero point one six seven three Euro (€0.1673); and

(c) for every kWh of the next four thousand (4,000

kWh)…… zero point two zero two three Euro (€0.2023); and

(d) for every kWh of the next ten thousand (10,000

kWh)…… zero point four one eight zero Euro (€0.4180); and

(e) for every kWh of the remaining consumption……

zero point six eight six zero Euro (€0.6860).

(3) Without prejudice to the other provisions of these

regulations, a Domestic Premises Three Phase Service exceeding sixty

(60) Amps per phase shall also be subject to a Maximum Demand

Tariff at the rate of twenty-one Euro five cents (€21.05) per annum per

kW of the Maximum Demand in any period during the year.

(4)

All the rates in this Schedule are inclusive of Value Added

Tax.

2. Methodology for the Calculation of Tariffs for the

Provision of a Domestic Premises Service

(1) The distribution system operator shall be entitled to use its

own discretion as to how to calculate and bill the amounts derived

from the application of the Consumption Tariff in item 1(2) on a pro

rata basis

Provided that

(a) the amount which is billed by the distribution system

operator for a period of a calendar year shall not exceed the

amounts derived from the application of the Maximum Tariff as

established by the Regulator in accordance with regulation 36

and within the limits prescribed in item 1; and

(b) the distribution system operator shall keep the

Regulator informed of any methodology it adopts in calculating

and billing the Consumption Tariff on a pro rata basis.

(2) Notwithstanding the provisions of item 2(1)(a) and that the

distribution system operator may adopt an adjustment mechanism to

ensure compliance with the provisions of item 2(1)(a), any bill issued

by a distribution system operator, whether for a pro rata period of any

calendar year or otherwise, shall be due to be paid on the date as

indicated on the bill by the distribution system operator,

notwithstanding that such bill may only refer to a part of a calendar

year.

(3) In order to give effect to the provisions of item 2(2), the

distribution system operator shall use all reasonable endeavours and

procedures, in accordance with the provisions of these regulations, to

obtain a reading of actual consumption incurred by the consumer.

Where the distribution system operator is unable to obtain such a

reading of the actual consumption incurred for reasons beyond its

control, it may thereafter rely on estimates of the actual consumption

incurred by the consumer.

(4) Where a Domestic Premises Service is only provided for a

part of a calendar year, the maximum Consumption Tariff shall be

computed by applying the cumulative thresholds referred to in item

1(2) proportionately to the days during which a Domestic Premises

Service is actually provided by the distribution system operator, such

that each of the units (kWh) referred to in item 1(2) shall be divided by

the number of days in a calendar year and applied accordingly to the

days during which a Domestic Premises Service is actually provided.".

€1.26

The First Schedule, the Second Schedule and the Third

Schedule to the principal regulations shall be substituted by the

following new schedules

"FIRST SCHEDULE

Regulation 36(6)

1. Maximum Tariff for a Residential Premises Service

(1) A Residential Premises Service shall be billed, for any

period or periods as the distribution system operator may, from time to

time determine, such fees and tariffs which shall not exceed the

following fees and tariffs

(a) without prejudice to the other provisions of these

regulations a Residential Premises Service shall be subject to an

Annual Service Fee of sixty-five Euro (€65) for a Single Phase

Service and one hundred ninety-five Euro (€195) for a Three

Phase Service; and

(b) without prejudice to the other provisions of these

regulations, a Residential Premises Service shall be subject to

the following maximum Consumption Tariff, which may be

billed on a pro rata basis. This maximum Consumption Tariff

shall be based on a cumulative consumption, which shall consist

of the amounts derived from the cumulative application of each

of the following thresholds, per annum

(i) for every kWh of the first two thousand (2,000)

kWh…… zero point one zero four seven Euro (€0.1047);

and

(ii) for every kWh of the next four thousand (4,000)

kWh…… zero point one two nine eight Euro (€0.1298);

and

(iii) for every kWh of the next four thousand (4,000)

kWh…… zero point one six zero seven Euro (€0.1607);

and

(iv) for every kWh of the next ten thousand (10,000)

kWh…… zero point three four two zero Euro (€0.3420);

and

(v) for

every

kWh

of

the

remaining

consumption…… zero point six zero seven six Euro

(€0.6076).

(2) Without prejudice to the other provisions of these

regulations a Residential Premises Three Phase Service exceeding

sixty (60) Amps per phase shall also be subject to a Maximum

Demand Tariff at the rate of twenty-one Euro and five cents (€21.05)

per annum per kW of the Maximum Demand in any period during the

year.

(3) All the rates provided for in items 1(1) and (2) are inclusive

of Value Added Tax.

2. Methodology for the Calculation of Tariffs for a Residential

Premises Service

(1) The distribution system operator shall be entitled to use its

own discretion as to how to calculate and bill the amounts derived from

the application of the Consumption Tariff in item 1(1)(b) on a pro rata

basis

Provided that

(a) the amount which is billed by the distribution system

operator for a period of a calendar year shall not exceed the

amounts derived from the application of the Maximum Tariff as

established by the Regulator in accordance with regulation 36

and within the limits prescribed in item 1; and

(b) the distribution system operator shall keep the

Regulator informed of any methodology it adopts in calculating

and billing the Consumption Tariff on a pro rata basis.

(2) Notwithstanding the provisions of item 2(1)(a) and that the

distribution system operator may adopt an adjustment mechanism to

ensure compliance with the provisions of item 2(1)(a), any bill issued

by a distribution system operator, whether for a pro rata period of any

calendar year or otherwise, shall be due to be paid on the date as

indicated on the bill by the distribution system operator,

notwithstanding that such bill may only refer to a part of a calendar

year.

(3) In order to give effect to the provisions of item 2(1), the

distribution system operator shall use all reasonable endeavours and

procedures, in accordance with the provisions of these regulations, to

obtain a reading of actual consumption incurred by the consumer.

Where the distribution system operator is unable to obtain such a

reading of the actual consumption incurred for reasons beyond its

control, it may thereafter rely on estimates of the actual consumption

incurred by the consumer.

(4) Where a Residential Premises Service is only provided for

a part of a calendar year, the maximum Consumption Tariff shall be

computed by applying the cumulative thresholds referred to in item

1(2) proportionately to the days during which a Residential Premises

Service is actually provided by the distribution system operator, so that

each of the units (kWh) referred to in item 1(2) shall be divided by the

number of days in a calendar year and applied accordingly to the days

during which a Residential Premises Service is actually provided.

(5) Without prejudice to the other provisions of these

regulations, a Residential Premises Service, which is provided to the

primary residence of an individual, shall be eligible for an eco-

reduction of the amount due for consumption of electricity for the

billing period in question, which shall be computed in accordance with

the following rates, on a pro rata basis of the relative billing period

(a) where only one (1) individual is registered on a

Residential Premises Service, the Service shall be eligible for an

eco-reduction of twenty-five percent (25%) of all the amount due

for consumption of electricity for the billing period in question if

the consumption does not exceed the pro rata equivalent of two

thousand (2,000) kWh per annum; or

(b) where more than one (1) individual is registered on a

Residential Premises Service, the Service shall be eligible for the

following eco-reduction

(i) where the consumption for the billing period in

question does not exceed the pro rata equivalent of one

thousand (1,000) kWh per annum per individual registered,

an eco-reduction of twenty-five percent (25%) of all the

amount due for consumption of electricity for the period in

question; or

(ii) where the consumption for the billing period in

question exceeds the pro rata equivalent of one thousand

(1,000) kWh per annum per individual registered but does

not exceed or is equal to the pro rata equivalent

consumption of one thousand seven hundred and fifty

(1,750) kWh per annum per individual registered, an eco-

reduction of twenty-five percent (25%) for that part of the

consumption which is the pro rata equivalent of one

thousand (1,000) kWh per annum per individual registered

and of fifteen percent (15%) for the remainder which is the

pro rata equivalent of up to seven hundred fifty (750) kWh

per annum per individual registered for the period in

question

Provided that no one (1) individual shall be

registered on more than one (1) Service at the same time

and that the eco-reduction shall only apply to the primary

residence of an individual registered in accordance with

regulation 36(6)

Provided further that an eco-reduction shall

only be calculated on the basis of an Actual Reading of the

consumption taken by a representative of the distribution

system operator or by a Consumer Reading provided to a

representative of the distribution system operator through

an established procedure, by the consumer registered on the

Service, and notwithstanding the provisions of any other

law, if an Actual Reading or a Consumer Reading as

defined in this proviso are not be available for the billing

period in question, the Service’s eligibility for an eco-

reduction for that billing shall be forfeited permanently.