Resolution of complaints, disputes and appeals policy and guide for applicants
| Year | 2018 |
| Published date | 20 August 2018 |
| Energy Sector | Corporate |
1
Utility Regulator
August 2018
Policy on the Resolution of Complaints, Disputes and Appeals
and
Guide for Applicants
Background Information
The Regulator
The Utility Regulator is Northern Ireland’s first cross-utility regulator. We are both an
independent economic and customer services regulator, and are accountable to
government as a Non-Ministerial Government Department.
We were established under the Energy (Northern Ireland) Order 2003 (the Energy Order)
as the Northern Ireland Authority for Energy Regulation to regulate gas and electricity
in Northern Ireland.
When the Water & Sewerage Services (Northern Ireland) Order 2006 (the Water Order)
came into force on 1st April 2007, our name changed to the Northern Ireland Authority for
Utility Regulation. From this date, we became additionally responsible for the regulation
of water and sewerage related services in Northern Ireland.
Dispute resolution powers
As a direct result of EU Directives
1
aimed at improving the way internal markets in
energy are structured, the Utility Regulator was given the legal authority to act as a
dispute resolution authority for certain matters in relation to electricity and gas.
Prior to the implementation of these Directives into national law, the Utility Regulator had
been, as it still is, able to determine certain complaints or disputes, such as disputes
arising between an electricity distributor and any person requiring a connection to that
distributor’s distribution system.
2
On the implementation of the Directives, the Utility Regulator’s dispute resolution remit
was extended further, as now individuals and companies are able to refer certain disputes
or complaints regarding the transmission and distribution of gas and electricity in Northern
Ireland to us for resolution.
The Water Order extends our dispute resolution function even further. The Utility
Regulator can now determine relevant complaints, disputes, and even some appeals
relating to water and sewerage services.
1
The Gas Directive (Directive 2003/55/EC of the European Parliament and of the Council Concerning Common
Rules for the Internal Market in Natural Gas) and the Electricity Directive (Directive 2003/54/EC of the European
Parliament and of the Council Concerning Common Rules for the Internal Market in Electricity) (the Directives). The
Directives are implemented into national law via a combination of the Gas Order 1996 (Amendment) Regulations
(Northern Ireland) 2006, the Electricity Order 1992 (Amendment) Regulations (Northern Ireland) 2005 and the
Electricity Regulations (Northern Ireland) 2007.
2
Article 26 Electricity (NI) Order 1992 as amended concerning determination of disputes between an electricity
distributor and a person requiring a connection.
2
Utility Regulator
August 2018
The kinds of complaint or dispute - or ‘appeal’ in the unique case of water and sewerage
services (which term shall be treated as included in a ‘complaint’ or a ‘dispute’ for the purposes
of this document - which can properly be brought before the Utility Regulator from each utility
sector are outlined in the utility specific Annexures at the end of this document.
Complaints outside the scope of this guidance
Complaints outside the scope of this guidance include those relating to the application of
competition law to the energy and water sectors. This will be the subject of separate guidance
and is therefore outside the scope of this document. Similarly, complaints under the Single
Electricity Market’s Bidding Code of Practice are also excluded from scope.
Purpose
This Policy outlines the procedures which the Utility Regulator will generally follow when
dealing with a complaint or dispute which it has been requested to determine. The
procedures in this Policy apply in addition to any procedural requirements set out in the
relevant legislation or licences.
Anyone who may wish to request the Utility Regulator to determine a complaint or
dispute may find this Policy helpful, as it outlines the:
(a) information which they must provide to support their request; and,
(b) manner and timeframe in which the Utility Regulator will handle the
complaint or dispute.
Please note:
The Utility Regulator will seek to adhere to this Policy, but for the avoidance
of doubt, this Policy does not in itself impose requirements on, or purport
to fetter the discretion of, the Utility Regulator.
This Policy does not provide a comprehensive description of the procedure
to be followed in every case. The Utility Regulator will issue a timetable and
case management directions to the parties involved on a case by case
basis.
This Policy may be reviewed from time to time in order for the Utility
Regulator to keep its procedures relevant and up to date.
To continue reading
Request your trial