Case Q-4823/15
Entity addressed: Energy Services Regulatory Authority (ERSE)
Date: 2016.03.03
Subject: Consumption. Electricity. Conduct of the Regulatory Authority. Complaint
Book
Sequence: ERSE explained that it has opened two infringement proceedings and
stressed the commitment to carry out its legal competences
Decree-Law No. 156/2005, of 15 September, requires the existence and availability of
the Complaint Book in the premises of the essential public service providers referred to
in Law No. 23/96, of 26 July, including the electric power supply.
Taking this into account, the Ombudsman concluded that the conduct of ERSE
should be remarked, based on the following grounds: i) the original of the complaint
must be submitted to the regulatory authority within 10 working days from the date of
filling whether or not accompanied by allegations of the supplier; ii) the fact that the consumer sends the duplicate of the complaint to the regulatory authority, does not release
the service provider from the obligation of sending the original within 10 working days;
iii) the breach of the referred deadline constitutes infringement under the competence
of ERSE.
Therefore, the regulatory authority can never agree with the regulated entities an
extension of the deadline. On the contrary, this authority shall control the fulfilment of
the deadline and apply penalties, if needed.
Since it was beyond dispute that the original of the complaint still had not entered in
ERSE, around eight months after being filled by the complainant, ERSE was called the
attention to, in general, take a decision putting an end to the practice agreed with the
regulated entities.
ERSE replied that it did not establish with regulated entities any agreement breaching
the law that would allow the sending of the leaves of the Complaint Book about eight
months after the filling, as it turned out in this case. It also informed that two infringement proceedings were opened. It finally informed that it had been applying penalties
foreseen in the energy sector infringement law and other legal provisions.
After ascertaining that ERSE had complied with the legal and regulatory framework,
this State body has closed the case.
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