Chương 3 Thông tư 18/2012/TT-BCT: Giám sát thị trường phát điện cạnh tranh

Chapter 3.

THE SUPERVISION OF COMPETITIVE ELECTRICITY MARKET

SECTION 1. REGULAR ELECTRICITY MARKET SUPERVISION

Article 6. Supervising the electricity market operation results.

1. Contents of the electricity market operation result supervision

a) The electricity market operation plans for the succeeding year, succeeding month and succeeding week, including:

- The ceiling price of electricity market;

- CAN and the best new power plant calculation;

- The estimated FMP and SMP;

- The water value and the offered ceiling prices from hydroelectric plants;

- The offered ceiling prices of thermo-generating units;

- The limit of the hydroelectric plant reservoirs;

- The results of the classification of base-load, intermediate-load and peak-load generating units.

b) The succeeding day’s schedules, including restricted and unrestricted scheduled, the schedules of succeeding hours and the schedules after operation date, including:

- The SMP and FMP;

- Peripheral generating units;

- Estimated load;

- The plans on maintenance, repairs and reasons leading to uncertainty of usable capacity;

- The usable capacity attenuation due to malfunctions;

- The limit of the hydroelectric plant reservoirs;

- The offered capacity, compared to the announced usable capacity considering the schedule for maintenance, repair and electric output of hydroelectric plants;

- The mobilization priority of generating unit;

- The demand curve;

- The quotation of generating units;

- The arrangement of the quotations by group (by generating technology, fuel, electricity market member classification of power plants);

- The market price fluctuation in accordance with the load demand;

- The mobilization scheduling of by each generating unit and by fuel;

- The transmission limits and estimated capacity flow on 500kV grid;

- The list of security restriction to be considered when making restricted mobilization schedules;

- The adjustment of input figures of the System and market operator for succeeding day’s scheduling, including: adjusting the generating chart of multi-target strategic hydroelectric plants, the changes in the offers from the generating units…;

- The changes in the offers for the schedules of the succeeding hours, succeeding days and after the operation date

2. Unusual problems during the electricity market operation basing on the results from the electricity market operation supervisions, in particular:

a) There is considerable fluctuation of SMP, load, offers from generating units, offered power volume in the transaction period compared to the succeeding periods;

b) The is considerable difference in the schedules of the succeeding hours, succeeding days and after the operation date, including:

- The generating unit mobilization scheduling compared to the actual capacity output;

- The estimated load compared to actual load;

- The offered capacity of generating units;

- The estimated SMP compared to the actual electricity market price;

- The mobilization priority of generating units, the quotation from ancillary services in the transaction period compared to the succeeding transaction periods;

- The dramatic increase of SMP and the electricity market prices of the periods are too high;

- The indicators and specifications specified in Annex 1 of this Circular.

Article 7. Supervising the acts for electricity market members.

The supervisions of the acts of members engaging in the electricity market activities include:

1. The offer of direct power generating units

a) For thermo-electric plants:

- Comparing the offered capacity and the installed capacity, usable capacity;

- Comparing the offered capacity and the minimum stable capacity in order to assess the restricted management of minimum capacity during the making of the offer;

- Comparing the scheduled capacity and the offered capacity;

- Comparing the scheduled capacity and the actual mobilized capacity;

b) For hydroelectric plants:

- Comparing the offered capacity and the usable capacity considering the limit of electricity generation;

- Comparing the offered price and the offered ceiling price;

- Comparing the scheduled capacity and the offered capacity;

- Comparing the scheduled capacity and the actual mobilized capacity;

c) Considering the plans of repair and maintenance of direct power generating units and the reasons of capacity reduction and outage;

d) Considering the forced outages of direct power generating units and their reasons.

2. The participation in the electricity market of the System and market operator

a) The operation of multi-target strategic hydroelectric plants:

- Assessing, comparing the mobilization graph of multi-target strategic hydroelectric plants according to the results of the operation schedule of succeeding months, succeeding weeks, the mobilization scheduling of succeeding days, succeeding hours and the actual mobilization graph.

- Assessing the reasons that the System and market operator adjust the mobilization graph of multi-target strategic hydroelectric plants in the schedule of succeeding hours and comparing to the adjustment limit specified in the electricity market regulations;

- Comparing the estimated mobilization graph to the actual mobilization and explaining the reason of considerable difference.

b) Operation of ancillary service providers:

- Assessing the separate capacity for providing ancillary services;

- Considering, assessing the cases in which the System and market operator need to mobilize the generating units providing ancillary services and their reasons.

c) The operation of indirect power generating units

- The principles of the operation of these plants is to stabilize the electricity generation graph during the making of mobilization scheduling;

- Inspecting the offered prices from indirect power generating units offered by the System and market operator according to the contractual price.

3. The participation in the electricity market of the Single buyer

a) Assessing the disclosure of the electricity import and export graph to the System and market operator;

b) Assessing the price offers on behalf of BOT power plants;

c) Assessing the price offers on behalf of power plants of which the right to offer is suspended and assessing the provision of necessary information from such power plants to the Single buyer to carry out the offer.

Article 8. Supervising and assessing the contractual production distribution results

The supervision and assessment of the contractual output distribution results include:

1. Assessing the annual contractual production determination results and the monthly contractual output distribution at every month and hour of every power plant carried out by the System and market operator.

2. Comparing the contractual output distribution calculation results with the ratio of output contractually paid specified by the Electricity Regulatory Authority under the electricity market regulations.

3. Assessing the purchased output on the spot market in each transaction period of the Single buyer.

4. Assessing the purchased capacity on the spot market in each transaction period of the power generating units .

5. The assessment indicators of contractual capacity and purchased capacity on the spot market are specified in Annex 1 of this Circular.

Article 9. Supervising and assessing payment calculation results

The supervision and assessment of payment calculation results include:

1. Considering and assessing a number of payment calculation results to assess the observance of provisions on payment calculation in the competitive electricity market regulations.

2. Considering and assessing the capacity increase of decrease of generating units due to system security restriction and the reasons.

3. Assessing the rate of payment on the market, including: electricity energy payment, capacity payment and payment of ancillary services.

4. Assessing the revenues of some typical power plants of each group of base-load, intermediate-load and peak-load power plants by comparing the revenues of typical power plants with the estimated revenues calculated under the standards in order to serve the following purposes:

a) Assess the possibility of capital recovery of power plants on the market;

b) Assessing the application of CAN payment.

5. Considering and assessing the cases in which the generating units offer higher price than the ceiling price.

6. Considering and assessing the cases in which the generating units produce differently from the dispatch instruction and their reasons.

Article 10. Responsibilities of the System and market operator for electricity market operation supervision

The System and market operator are responsible for supervising the operation of the electricity market in real time, including:

1. Real-time electricity market operation supervision

a) The System and market operator are responsible for supervising the observance of electricity market members during the daily electricity market operation. The supervision includes:

- The price offers from power generating units must comply with the provisions on schedule and offer form and other relevant provisions;

- The operation of generating units of power generating units under the dispatch instructions from the System and market operator;

- The provision of ancillary services at the request from the System and market operator;

- The provision of information and accurate specifications of power generating units for the System and market operator in order to serve the electricity market and electricity system operation

- The activities electricity market operation and other electricity system as prescribed by current law provisions.

b) During the operation of electricity market and daily electricity system, if any act showing signs of violations of market members affecting the electricity system operation security in real time is detected, the System and market operator are responsible for:

- Implementing the necessary intervention measures to assure the electricity system security during the real-time operation under the relevant process and regulations;

- Giving warnings to units with signs of violations;

- Reporting the Electricity Regulatory Authority on the signs of violations of market members and the handling measures of the System and market operator.

2. Electricity market intervention

Electricity market intervention is the act of changing the usual operation of electricity market, in particular:

a) During the daily operation, the System and market operator are responsible for supervising the operation of the electricity market in real time, promptly detecting the unusual situation and malfunctions during the operation of electricity market and electricity system that affect the electricity system security;

b) When the unusual situation and malfunctions that affect the electricity system security are detected, the System and market operator shall implement the market intervention measures if necessary in accordance with the electricity market regulations;

c) The System and market operator are responsible for posting on the electricity market websites and reporting the Electricity Regulatory Authority on the implemented market intervention measures.

3. Proposal on suspending the electricity market operation

a) Upon detecting the unusual situation and malfunctions during the operation of electricity market and electricity system that may lead to the suspension of the electricity market operation, the System and market operator are responsible for reporting the Electricity Regulatory Authority the relevant information, including:

- The detailed description of the unusual situations or malfunctions;

- The analysis and assessment of the impact of such situations or malfunctions on the electricity market operation;

- The solutions for the unusual situation and malfunction in order to reoperate the electricity market;

- The written proposal on suspending the electricity market operation and the estimated suspension duration.

b) Basing on the reports from the System and market operator, the Electricity Regulatory Authority is responsible for verify the reports and considering the suspension of the electricity market operation in accordance with the electricity market regulations.

Article 11. Responsibilities of the Electricity Regulatory Authority in regular electricity market supervision

1. The Electricity Regulatory Authority are responsible for supervising regular electricity market. The electricity market members are responsible for providing necessary information serving the electricity market supervision, reporting the unusual problems to the Electricity Regulatory Authority.

2. The procedures for regular electricity market supervision:

a) Collecting necessary information and data, including:

- The data on electricity system operation collected from the System and market operator and other market members specified in Chapter IV this Circular;

- Other necessary information and data about the unusual situation arising during the electricity market operation reported by market members.

b) Analyzing, assessing the contents of electricity market operation specified in Article 6, Article 7, Article 8 and Article 9 of this Circular. If necessary, carry out detailed assessment and analysis in order to verify the unusual problem during the electricity market operation or the acts of violations of the market members specified in Clause 2 Article 12 of this Circular;

c) Making weekly reports on the electricity market supervision under the form in Annex 2 of this Circular.

Article 12. Processing the results of regular electricity market supervision

1. Basing on the results of electricity market operation supervision specified in Article 11 of this Circular, the Electricity Regulatory Authority shall carry out detailed assessment and verify the violations upon detecting the following signs:

a) The market does not operate efficiently due to the limitations of power generating units;

b) The market does not operate efficiently due to the remaining shortcomings and irrationality in the electricity market regulations and relevant provisions on;

c) The misuse of monopoly or the unhealthy competition of power generating units;

d) Other unusual situation:

2. Upon detecting the signs specified in Clause 1 this Article, the Electricity Regulatory Authority is responsible for:

a) Collecting more information from the electricity market members and relevant units necessary for the analysis and assessment;

b) Carrying out detailed analysis and assessment of the unusual problems in order to identify the nature and reasons of the problems and the relevant units;

c) Upon detecting unusual problems related to the observance and the implementation of the electricity market regulations, the assessment and inspection shall be carried out as prescribed in Section 2 of this Chapter;

c) Upon detecting unusual problems related to the competition of the market members, investigations shall be carried out as prescribed in Section 4 of this Chapter;

dd) When detecting unusual problems arising during the electricity market operation not being specified in Article 6, Article 7, Article 8 and Article 9 of this Circular, or the standards and criteria for analysis and assessment are not specified, the Electricity Regulatory Authority is responsible for:

- Studying and developing methods, indicators and standards in order to analyze and assess each particular case;

- Carrying out detailed analysis and assessment in order to identify the nature and reasons of the problems and the relevant units;

3. the Electricity Regulatory Authority is responsible for supervising the implementation of handling measures and assessing the impact and effect of such measures of the electricity market operation.

SECTION 2. ASSESSING AND SUPERVISING THE OBSERVANCE OF ELECTRICITY MARKET REGULATIONS

Article 13. The contents of the assessment and supervisions of the observance electricity market regulations

The contents of the assessment and supervisions of electricity market regulations include:

1. Assessing and supervising the observance of electricity market regulations and the relevant procedures of the market members.

2. Assessing the sufficiency and congruence of electricity market regulations and the relevant procedures.

3. Assessing and discerning the obstruction and limitations during the implementation the of electricity market regulations and the relevant procedures.

Article 14. Procedures for assessing and supervising

The observance of electricity market regulations the Electricity Regulatory Authority in responsible for assessing the observance of the units under the following procedures:

1. Collecting input data, including:

a) The annual and monthly reports from the System and market operator on assessing the observance of the market regulations of electricity market members under the following contents:

- The provisions and disclosure of information serving the electricity system and electricity market operation;

- The price offers from the units;

- The observance of dispatch instruction.

b) The data and figures of the electricity market operation;

c) The reports and proposals sent to the Electricity Regulatory Authority from the market members;

d) Other necessary information and data.

2. Inspecting the electricity market activities.

3. Requesting irregular independent audit of the procedures and software serving the electricity market operation of the System and market operator if necessary.

4. Making and disclosing the reports on the electricity market regulation observance assessment as prescribed in Article 22 of this Circular.

Article 15. Analyzing the results of electricity market regulation observance assessment and supervision

Basing on the results of the electricity market regulation observance supervision, the Electricity Regulatory Authority shall consider and impose appropriate handling measures, in particular:

1. Sending reports and proposal to the Minister of Industry and Trade on the amendment and supplement of electricity market regulations in order to overcome the obstruction and limitations during the implementation the of electricity market regulations and the relevant procedures.

2. Amending and supplementing the procedures for the electricity market operation in order to overcome the obstruction and limitations during the implementation.

3. Upon detecting the signs of violations of electricity market regulations and relevant procedures, the Electricity Regulatory Authority is responsible for investigating the violations as prescribed in Article 19 of this Circular.

SECTION 3. ASSESSING THE ELECTRICITY INDUSTRY STRUCTURE, THE POSSESSION MECHANISM AND COMPETITION SUPERVISION

Article 16. Assessing the electricity industry structure and the possession mechanism

1. the Electricity Regulatory Authority is responsible for supervising and assessing the electricity industry structure and the possession mechanism every year, every month or every time of changing the structure of the possession mechanism of the electricity industry.

2. The contents of the assessment of the electricity industry structure and the possession mechanism include:

a) Assessing the electricity industry structure by each phase:

- Generating stage;

- Transmitting stage;

- Distributing stage;

- The service providers of the electricity market;:

b) Assessing the possession mechanism in the generating phase, including:

- The possession relationship among the market members.

- The market share of installed capacity by owner;

- The market share of installed capacity by generating technology;

- The market share of installed capacity by geographical areas;

3. Procedures for supervising and assessing the electricity industry structure and the possession mechanism

a) Collecting necessary data, including:

- The data on the power generating units including the list of power generating units, the information about the market members and the economic, technical information of the plants.

- Other necessary figures at the request from the Electricity Regulatory Authority.

b) Calculating the indicators, including:

- The market share of installed capacity and electric energy output by owner;

- The market share of installed capacity and electric energy output by price offerer;

- The market share of installed capacity and electric energy output by geographical areas;

- The market share of installed capacity and electric energy output by generating technology;

c) Assessment and analysis:

- Assessing the condition of the electricity industry structure and the possession mechanism

- Analyzing the impact of the industry structure and the possession mechanism on the electricity market activities.

Making and disclosing the reports on the electricity market regulation observance assessment and supervisions as prescribed in Article 22 of this Circular.

Article 17. Supervising the competition

The Electricity Regulatory Authority is responsible for supervising the acts of misusing the monopoly, the domination or the acts of unhealthy competition under the following procedures:

1. Collecting input data, including:

a) The reports on the signs of violations sent to the Electricity Regulatory Authority from the market members;

b) The information and figures of the electricity market operation;

c) Other necessary data from the market participants provided at the request from the Electricity Regulatory Authority.

2. Assessment and analysis:

a) Assessing the price quotations from the units;

b) Analyzing the results of the electricity market operation;

c) Analyzing and verifying the reports on the signs of violations sent by market members to the Electricity Regulatory Authority;

d) Holding meeting with the units to study and clarify the relevant issues if necessary.

3. Making and disclosing the report on the competition supervision as prescribed in Article 22 of this Circular.

SECTION 4. VIOLATION INVESTIGATION

Article 18. Cases of violation investigation

The Electricity Regulatory Authority shall investigate the violations in the following cases:

1. Upon detecting signs of violations according to the results of electricity market supervision and assessment specified in Section 1, 2 and 3 in this Chapter.

2. At the request from the market members.

3. At the request from the competent agency.

Article 19. Procedures for violation investigation

The investigation shall be carried out under the procedures specified in the Circular No. 27/2011/TT-BCT on July 19, 2011 of the Minister of Industry and Trade on the procedures for investigating and imposing sanctions against violations of electricity.

Article 20. Handling measures

The handling measures are the measures imposed by the Electricity Regulatory Authority (or competent agencies) on electricity market members that commit acts of violations of law provisions on electricity market in accordance with the Government's Decree No. 68/2010/NĐ-CP on June 15, 2010 specifying the sanctions against violations of electricity and the electricity market regulations, including:

1. Issuing warning and requesting explanations.

2. Suspending the market membership as prescribed in the Circular No. 18/2010/TT-BCT.

3. The forms of sanctions against violating units are specified in the Government's Decree No. 68/2010/NĐ-CP on June 15, 2010 specifying the sanctions against violations of electricity.

SECTION 5. ELECTRICITY MARKET SUPERVISION REPORTS

Article 21. The report regulation of the System and market operator

The electricity market of the System and market operator are responsible for:

1. Making and disclosing the reports on the results of the electricity market operation every day, every week, every month and every year as prescribed in Article 95 of the Circular No. 18/2010/TT-BCT.

2. Making and sending the Electricity Regulatory Authority the following reports:

a) The monthly and annual reports on the electricity market operation, every month and every year as prescribed in Article 96 of the Circular No. 18/2010/TT-BCT.

b) The reports on the electricity market supervision results as prescribed in Article 10 of this Circular.

c) The reports on the contents requested by the Electricity Regulatory Authority.

Article 22. Responsibilities to report of the Electricity Regulatory Authority

1. the Electricity Regulatory Authority is responsible for making and disclosing the monthly reports on the electricity market supervision under the form specified in Annex 3 of this Circular.

2. the Electricity Regulatory Authority is responsible for making and disclosing the annual reports on the electricity market supervision under the form specified in Annex 4 of this Circular.