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. • 122 |