In order to realize the aims of the Law on electricity of Republic of Srpska, pursuant to Article 23, Regulator supervises and regulates the relationships between generation, distribution and buyers of electric energy, including supply of electric energy, prescribes bases of the process for adoption of rules and regulations and bases of the procedures which are applied in different scopes of its work. Apart from that, Article 27 provides that Regulator prescribes rules and procedures in accordance with it and according to Article 28, at the request of the party, it settles disputes between the participants related to:
Legal department is, inter alias, responsible for realization of the works within the scope of competences of the Regulator:
For the purposes of protection of the general public interest, Article 30 of the Procedural Rules of the Regulatory commission for electricity of
In order to ensure a quick, effective, cost-effective and transparent procedure of the public hearings, the Regulator makes Rule about public hearings and settlement of disputes and complaints. For the same activities, it is necessary to reach synchronization with the procedures of the State Regulatory commission and Regulatory Commission for electricity in BiH Federation.
General hearing
General hearing is the hearing organized for the public which is led in order to get comments of the interested persons and representatives of the public about the rule, regulation or any other documents proposed by the Regulator. Participation of the public is encouraged because in that way direct collection of the public comments is provided.
Regulator publishes on its web site an appropriate document which is the subject of the general hearing, and at the written request it submits it to the interested person by mail, charging the justified costs.
Interested persons may submit the written comments which will be carefully analyzed by the Regulator.
Presiding Officer may limit the time for oral comments giving during the general hearing in order to enable the participation of as many participants in the hearing as possible.
Technical hearing
Technical hearing is the hearing organized and held by the Regulator with the aim of the procedural and substantial issues treatment which it encounters, in order to process them. Technical hearing may be held in order to settle a technical issue within the tariff or license issuance procedure or any other procedure led before the Regulator and which includes sharing of information between Regulator and participants in the procedure.
Technical hearing may also be an expert hearing about some issues which Regulator encounters and which requires further consideration with the hearing attended by certain experts, parties to the procedure, interveners, interested persons and/or representatives of the general public.
Regulator publishes a short Notice for the public about the hearing with participation of the experts containing the issues that will be discussed with a description of the technical hearing procedure.
Regulator may limit participation for the parties to the procedure and interveners but it has to let the presence of the public at the technical hearing.
Formal hearing
Formal hearing is the hearing organized with the aim to establish relevant facts for REERS to settle the dispute or complaint. Formal hearing includes conduct of the hearing of evidence with all means necessary to establish the facts such as documents, testimonies of the parties to the procedure and witnesses and statement with the right of cross-questioning, inspections, findings and expert opinions etc.
Formal hearing may be held regarding:
More detailed information about public hearings, informing and participation of the public on them, preparatory and accompanying procedures may be found in the Rule book about public hearings and settlement of disputes and complaints which is available on these pages.
Requests for settlement of disputes and complaints, which the Regulator is authorized by law for, and which results from, directly or indirectly, non-transparent and discriminatory behaviour of the active parties in the electric energy sector will be received by the Regulator that prescribed their obligatorily content.
Each request, complaint or other pleading should be complete and comply with the provisions of the Rule book about public hearings and settlement of disputes and complaints (draft adopted); otherwise it won’t be considered complete.
Before official submission of the application, applicant may turn to the competent sector of the Regulator in order to get necessary information.
If Regulator decides that there is a need to hold the formal hearing there will be an appropriate notice for the public issued.
If somebody would like to get the status of intervener in the formal hearing procedure, he/she has to submit the request for getting the status of intervener during the period determined by the Regulator in the notice for the public.
Minor disputes may be settled on the informal level, without hearings at the internal meetings with the applicant and opponent party.
Parties to the procedure and Regulator staff may get the material and information from other parties which are important for the subject of the ongoing procedure, submitting the application with data to the opponent party.
At the request of the party to the procedure, if needed, Regulator or Presiding Officer may decide to protect confidential business information. Parties which ask for treatment of confidentiality may submit the procedural pleading explaining the nature of confidential information and harm which would be caused if the information is published.
While the procedure is in progress, neither any party nor a person who is not a member of the Regulator staff shall enter direct or indirect communication with any member of the Regulator, Presiding Officer or employees regarding any issue from the Law or facts related to the procedure.
Regulator makes decisions in the sessions which are held when needed, but at least once in 30 days. The sessions are called by the President of the Regulator. The same may be initiated also by any member of the Regulator with the written proposal to call the session.
All sessions are public except internal meetings and a closed portion of the regular session.
Regular sessions
Regular sessions are as a rule held in the head office of the Regulator but may also be held in some other place determined by the Regulator. The public is informed about the date, time and place of the regular session holding, as well as about the agenda, at least 5 days before the session is held.
If needed, Regulator may decide that a portion of the regular session is closed for the public (in order to protect confidential information or trade secret). The Regulator policy is, whenever possible, to avoid holding of the closed portion of the regular session and, whenever possible, proceedings are held in a form of the session open for the public.
Emergency session
Emergency session is called in case of emergency or to inform the public about the danger for health, safety or welfare of the public. These sessions are open for the public.
Internal meeting
Regulator organizes its daily activities through internal meetings on which the final decisions about the internal administrative issues may be made. Internal meeting is called at least once in 15 days.
Decisions about the issues which are under the Regulator competence, defined by Article 23 of the Law on electricity, may not be made at these meetings, but decisions’ proposals may be prepared which shall be discussed in the next regular session of the Regulator.
Internal meetings are not open for the public, although Regulator may, by its own decision, approve of the presence of the interested persons and their representatives.
Decisions making
Regulator may preliminary vote about any issue in the regular sessions or internal meetings before the final voting, if it is asked by any member of the Regulator. This voting has no impact on the final voting and serves Regulator to consider and formulate the decision about the complex issues.
When the president of the Regulator establishes that the hearing about some issue is over, he calls members of the Regulator to vote. Final decision about the issues which are under Regulator competence established by the Law on electricity is always made in the regular session.
Voting about all decisions and conclusions of the Regulator is public. Decision, i.e. conclusion is considered to have been passed if the majority of total number of the Regulator members has voted for it.
All final decisions of the Regulator are published in the “Official Gazette of Republic of Srpska”.