The National Regulatory Authority's Rules of Procedure
The third energy market package was implemented into Icelandic law with act nr. 112/2019 on changes on electricity. The requirement here is that the regulatory authority, within the framework provided by laws, regulations and guidelines, must be independent of political authorities in individual cases.
The Regulatory Authority cannot be instructed about the exercise of assigned supervision and the Regulatory Authority is independent from government or other public or private entities in its decision-making when carrying out its electricity supervision.
This document describes rules of procedure which the Regulatory Authority for Energy follows in its decision-making processes, and which must ensure its independence.
The rules of procedure are a supplement to the provision on the Regulatory Authority's independence in the Electricity Act No. 65/2003 that sets the legal basis for ROE's power to issue binding decisions where the electricity undertakings do not comply with the applicable provisions in the Electricity Act. The legal basis for these rules is based on article 24 in the Electricity Act.
Scope
These rules of procedure apply to all Regulatory Authority staff, including employees working temporarily for the organization as well as interns. The rules also apply to consultants, contractors and partners as appropriate. These parties must be informed of these rules.
Responsibilities and decision-making processes
The duties and functions of the Regulatory Authority are defined in the Electricity Act.
The Energy Commissioner is the representative of ROE and is responsible for its activities.
The Regulatory Authority is independent in its decision-making. Decisions must reflect the professional judgment of the Regulatory Authority as an independent supervisory authority.
The minister cannot give direct or indirect instructions for the implementation of the electricity control Regulatory Authority
In order to ensure the Regulatory Authority's independence, ROE staff may under no circumstances let direct recommendations or pressure from public institutions or market players influence preparations or decisions.
ROE's decisions are appealable to the Electricity Appeals Committee.
Cooperation between ROE and other parts of the NEA
ROE is authorized to obtain documents, information and expert services from other units of the NEA. In such cases, ROE sends a written request with a description of the request/query. Both the inquiry and the transaction must be registered in ROE's document system. Submitted data/documents must be listed as part of the case.
The large-scale cooperation between the Electricity Authority and other units of the the NEA, which takes place at the initiative of ROE, shall be defined as defined projects. ROE prepares a project description and oversees the project. Both the project description and progress reports must be documented.
ROE can participate in collaborative projects that are initiated by other units of the NEA.
Matters that ROE presents publicly and that concern other units of the NEA must first be presented within the organization. Reviews must be written and documented on the relevant issue.
ROE employees are allowed to participate in international projects organized by the NEA.
ROE itself manages legal matters. ROE can use various other services offered by the NEA.
Management of information
A clear distinction must be made between documents and information flow from ROE and documents and information flow from other units of the NEA.
ROE shall have its own area in the NEA’s document system. Documents, data and information must be stored there. Other employees of the NEA can, under certain circumstances, gain access to relevant documents if this is deemed necessary to support ROE's activities. Other units of the NEA must also get access to ROE's information in cases when it is required by law or regulations.
Access to the ROE document area must be access controlled.
ROE has its own area on the NEA’s website, where reports, reviews and announcements are published as well as general information material.
Consultation process
The NEA’s Electricity Authority can submit the electricity authority's guidelines to a consultation process. It must also be clear to the public that the Electricity Authority manages the consultation process.
ROE's comments in the public consultation process are sent in the name of ROE. It should also be clear that this is the professional assessment of ROE as an independent regulator.
Communication
All communications shall be in the name of ROE.
Only employees of ROE and its representative speak publicly on issues under their jurisdiction.