ARTICLE 7 (National Council of Electricity)
01 It is hereby established the National Council of Electricity (NACEL), otherwise called CNELEC, with legal personality and that it should have legal, administrative and financial autonomy, with a consulting attribute in the interest of the public, it is also invested with a public opinion polling on relevant national policies of electric energy and on application of this law’s provisions and its regulations.
02 CNELEC has conciliation, mediation and arbitration function in issues regarding disagreement likely to arouse among concessionaires or between them and their clients in the following areas:
- the right to supply electric energy including refusal or its interruption;
- quality and regularity in electric energy supply service;
- conditions and electric energy tariffs and transit duties;
- installation and functioning of measuring and counting equipments;
- adequateness of the concessionaire equipment;
- refusal or delay in the supply of electric energy by the concessionaire;
- Access to the national transmission network for transit purposes, including the transmission installations of a particular concessionaire;
- Any other aspect upon which the concessionaire or any of their clients shall call for the CNELEC intervention as a mediator or arbitrator.
03 CNELEC is composed of five to seven effective members selected among competent persons with relevant experience and expertise on tariffs, economy, technologic and judicial aspects regarding the electric power supply systems.
04 The CNELEC members are indicated by the following entities: the Government, the representative associations of the productive sector, the associations representing the general public consumer, institutions of scientific research, the managing body of the national transmission network of electric energy and the concessionaires.
05 The CNELEC Chairperson is appointed by a Government’s representative.
ARTICLE 8 ( CNELEC Jurisdiction)
Without prejudice to the other competences assigned under the provisions of this Law and further legislation, it is incumbent on CNELEC to:
- to state the policies and objectives of electric energy supply
- to issue opinion on expropriation proposals and statements of public interest regarding new construction projects of electric installations;
- to put forward opinions on and propose projects on regulations of electric energy supply and further relevant issues with regard to national electric energy network;
- issue opinions on new Project proposals and requests for electric energy supply concessions, as well as the respective tariff proposals and the respective revision provisions and conditions of electric energy sale to be applied by the concessionaires;
- to design promotion proposals and adoption of new Technologies and programmes of geographic coverage expansion of the national electric energy network, and carry out nationwide assessment of its execution;
- take part in supervision and assessment of national and international public bids for assigning a concession of electric energy supply;
- Carry out studies and research which may be deemed fit or adequate for the completion of further CNELEC competences and duties.
ARTICLE 4 (State’s role)
01 The State, its institutions and further collective persons of public law have a determining action in the promotion and valorisation of existing potential, in order to ensure a broader access to the benefits of electric energy and contribute for the economic and social development of both the country and the region.
02 The State ensures the participation of the private sector initiative in the public service of electric energy supply through concessions that ensure the right of use and profit of the energy potential, safeguarding the upmost interest of the State.
