2010年-世界发展银行全球_Manual_for_RERA_Guidelines_for_Regulating_Cross-border_Power_Trading_in_the_SADC_Region___A_Users_Guide_69页_607kb

Summary of RERA Guidelines for Regulating Cross-border Power Trading in the SADC Region

Core Content

The RERA Guidelines are a set of regulatory principles and procedures designed to support the development and implementation of cross-border power trading in the Southern African Development Community (SADC). These guidelines were developed to address regulatory constraints that hinder the progress of cross-border power projects, which are often technically and economically viable but stalled due to unclear or inconsistent regulatory frameworks.

The Manual serves as a user’s guide to the RERA Guidelines, explaining their purpose, implementation, and application. It outlines a structured approach for national regulators to incorporate the guidelines into their legal frameworks and ensure consistent and transparent regulatory decisions across the region.

Main Purpose and Implementation

The main purpose of the RERA Guidelines is to:

• Establish a clear and credible regulatory environment for cross-border power trading.
• Provide sufficient certainty to investors and lenders to support long-term financing.
• Protect consumers in buying, selling, and transit countries.
• Promote efficient, sustainable, and fair cross-border electricity transactions.

The implementation of the RERA Guidelines is a four-stage process:

1. Stage One: National Regulators compare the RERA Guidelines with their national legislation to identify any inconsistencies.
2. Stage Two: Regulators may modify the guidelines or adjust legislation to ensure consistency, with preference given to modifying the guidelines only where necessary.
3. Stage Three: The modified guidelines are adopted through formal rule-making procedures, giving them legal status.
4. Stage Four: The guidelines are applied to individual cross-border transactions, with RERA providing technical support as needed.

Scope of the Guidelines

The RERA Guidelines apply to major, long-term cross-border power transactions involving capacity greater than 20 MW and lasting at least one year. They are not intended for smaller or short-term transactions, which may be subject to separate guidelines in the future.

The guidelines are designed for the prevailing sector structure in SADC, which typically involves state-owned national utilities with monopoly power over imports and exports. However, they also provide for situations where Independent Power Producers (IPPs) or large customers may engage in direct cross-border trading.

Key Regulatory Areas

The guidelines cover the following key areas:

• Licensing: Cross-border trading facilities, imports, and exports require licensing, with the Regulator responsible for ensuring compliance with national and regional laws.
• Cross-border Agreements: These include Power Purchase Agreements (PPAs) and Transmission Services Agreements, which may require different levels of regulatory review depending on whether they involve price-regulated customers.
• Transmission Access and Pricing: Transmission services are considered natural monopolies, and the guidelines ensure non-discriminatory access and regulated pricing.
• Ancillary Services: These include reactive power, reserves, and black start capabilities, which are essential for maintaining system reliability.
• Regulatory Decision-Making: The process includes pre-application meetings, benchmarking, and transparency in decision-making.
• Risk Allocation: A risk allocation matrix is provided to guide the distribution of risks in PPAs.
• Public Communication: Regulatory decisions are to be transparently communicated and made publicly available.

Addressing Obstacles to Cross-border Trading

The RERA Guidelines aim to resolve several obstacles to cross-border power trading, including:

• Regulatory risks such as expropriation and unclear decision-making.
• Financial risks related to revenue certainty and the capability of buyers to enter large transactions.
• Technical risks involving grid stability and operational discipline in interconnected systems.

However, some issues are outside the scope of the guidelines, such as the financial capability of buyers, which requires support from regional institutions and the South African Power Pool (SAPP).

Regional Collaboration

RERA works in collaboration with:

• The SADC Secretariat to ensure political commitment and legal clarity for cross-border agreements.
• SAPP to evaluate the technical impacts of cross-border transactions on the regional grid and ensure compliance with regional agreements.

Flexibility and Application

The guidelines are flexible and can be applied in different national frameworks, as long as they are implemented through national legislation or rule-making procedures. The term "Licence" is used as a generic term for any document that allows an entity to import or export electricity, and the guidelines address the need to harmonize the treatment of licences and concessions in different legal systems.

Conclusion

The RERA Guidelines provide a framework for consistent, transparent, and predictable regulatory decision-making in cross-border power trading across the SADC region. By addressing regulatory, financial, and technical challenges, they aim to facilitate new investment and expand cross-border trade in electricity. The guidelines are intended to be a first step in harmonizing national regulatory regimes and promoting regional energy integration.