ARENH The CRE expresses a positive opinion on the project of decree and specifies the modalities of distribution of the volumes in case of rationing | 30/10/2018


The CRE published on October 29th, 2018 two deliberations taken on October 25th in connection with the reform of the devuce ARENH.
In its first deliberation, the CRE expresses a favorable opinion on the project of decree to reduce the possibilities of arbitration  between ARENH and supply on the market. The CRE asks however to the government for an adjournment or for a cancellation of the counter planned on January 15th, 2019 if the decree came to be published after December 1st, 2018.

In its second deliberation, the CRE specifies the modalities of distribution of the volumes which she intends to implement from the counter of November 21st, 2018 for 2019 in case of overtaking of the ceiling. The CRE proposes in particular that the calculation of the penalties applied to the suppliers in case of overvaluation of the volumes ARENH takes into account the volume asked by the suppliers and not the volume obtained in fine. She suggests also in this case excluding the suppliers subsidiaries of EDF (ARE, Dalkia, Sowee) of the device, which would allow to free volumes.

Finally, the CRE does not educate the question of the possible increase of the ceiling ARENH which, if she has to intervene, can be made only by legislative way. During the adoption of the law PACT in first reading in the National Assembly, an amendment put down by members of parliament LR and to make cross the ceiling to 150 TWh was rejected. The law PACT will be examined by the Senate from January 2019.

The project of decree, according to our analysis, intervenes out of time because it aims at solving a problem which does not settle(arise) any more in the context of current market. It introduces of more an additional uncertainty for the consumers on the modalities of allocationof the volumes of ARENH by the suppliers. For that reason, it seems to us careful to be capable of being able to notify to his supplier its wish to benefit from the ARENH from the first counter 2019, what requires to have signed a supply contract for 2020 the beginning of January, 2019.