Reform of ARENH : the prospect of a rapid publication of the decree moves away

Seizure in October 2018 of a draft decree aimed at reforming the Energy Code’s regulatory provisions relating to the ARENH mechanism, the Competition Authority delivered its opinion following a meeting during which EDF, ENGIE, CLEEE, CRE, RTE and the services of the DGEC were heard.

The Authority first gives a partly favorable opinion with regard to the reorganization of the ARENH counters. The principle of the introduction of three wickets with partial availability of ARENH volumes is validated. The Authority nevertheless calls for a simplification of the mechanism for allocating or deferring volumes from one window to another, and favors a method in which the allocations are firm.

On the other hand, the Authority makes an unfavorable opinion concerning the second part of the draft decree, which sought to make explicit the obligation for EDF to put itself in the offers it proposes in a situation similar to that of alternative suppliers to ARENH, particularly if the 100 TWh ceiling is exceeded. The Autorité considers that this symmetry is not applicable with regard to the quotations at market price, and that it would substantially modify the modalities for calculating the evolution of the TRVs, which cannot be done by regulatory means. .

Lastly, the Authority takes the opportunity to underline that any modification of the system should be considered as part of a major overhaul to consider long-term regulation, beyond 2025, as recently mentioned by the President of the Commission. Republic.

In these circumstances, it seems unlikely that the reform discussed since early 2018 will be adopted and put in place in 2019.