Overview
The Energy Services Regulatory Authority (ERSE) announced this Tuesday that consumers may be entitled to compensation for extended power outages. However, if the outage is classified as an 'exceptional event', these compensations may not be paid.
Details of the Announcement
In a statement, ERSE addressed questions regarding the recent power outage that affected the country on Monday. They clarified that if compensation is due, it will be automatically credited to customers' bills at the beginning of the following year.
Investigation into the Outage
ERSE stated that there are currently no available details to accurately characterize the potential causes of the incident or to determine responsibility. They noted that, as the event involves various European electrical systems, analyses will be conducted by both national and European sector participants.
Involved Parties
The network operators directly involved include REN (Rede Elétrica Nacional) and E-Redes, along with the European Network of Transmission System Operators (ENTSO-E), the Regional Coordination Centre for Southwestern Europe (CORESO), and the Agency for the Cooperation of Energy Regulators (ACER), in which ERSE participates.
Responsibilities and Regulations
The management of the national electrical system is the responsibility of REN, acting as the overall system manager and transmission network operator. They work in coordination with distribution network operators, notably E-Redes across high, medium, and low voltage levels.
ERSE explained that there are European and national rules concerning supply security, system operation, and management, which are mandatory for network operators and the system manager (REN). The Standards of Service Continuity—which outline the number and maximum duration of interruptions affecting consumers connected to the public electricity network—are established in the Quality of Service Regulation (RQS) approved by ERSE.
Compensation Framework
According to ERSE, the Quality of Service regulation provides for compensation to consumers by network operators when the number or duration of interruptions exceeds the regulated limits. However, if the incident is categorized as an exceptional event, consumers may not be entitled to compensation.
If compensation is applicable, it will be automatically credited to customers' bills at the beginning of the next year. ERSE noted that an interruption lasting as long as that on April 28, 2025, could significantly impact quality service indicators assessed annually.
Classification of Exceptional Events
ERSE can classify an event as exceptional if all of the following conditions are met:
- Low probability of occurrence or consequences
- Significant decrease in the quality of service provided
- It is not economically reasonable for network operators to prevent the full extent of its consequences
- The event and its consequences are not attributable to network operators
Network operators are responsible for requesting and justifying the classification as an exceptional event if they deem it necessary, with technical analysis from various involved entities being of particular importance.
Consumer Rights and Actions
Consumers can always file complaints with their energy supplier or network operator regarding any damages caused by the outage, provided they present proof of such damages. Generally, service interruptions do not cause damage to equipment, and restoration of service follows rules designed to safeguard equipment.
ERSE has urged consumers not to congest the contact channels of network operators and suppliers today to allow them to restore normal system operations. Furthermore, determining liability for damages claimed by consumers, such as interruptions in production processes or losses of goods requiring refrigeration, is not ERSE's responsibility but falls to the courts (judicial, peace courts, or consumer arbitration courts).
Reporting Requirements
In cases of significant impact, network operators must submit preliminary information to ERSE within three days, containing the best available information to characterize the incident, followed by a comprehensive report within 20 days with detailed information. This deadline may be extended by ERSE for complex situations, especially those involving various European entities, such as this case.
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