MOROCCO Law and Practice Contributed by: Wacef Bentaibi, Benoit Pape, Chaimaâ Bouhami and Maxime Masurier, Gide Loyrette Nouel
5.6 Electricity Distribution System Charges and Terms of Service ANRE has exclusive competence to fix the tariff for the utilisation of medium-voltage distribution networks under Law 48-15. The TURD is periodically adjusted based on cost data provided by distribution operators, using a cost-of-service approach. Tariff setting is based on the following standard public utility principles. • Non-discrimination: Distribution operators must abstain from discrimination between users and preserve the confidentiality of commercially sensi- tive information. • Transparency: Tariff decisions are published in the Official Gazette and on ANRE’s website. • Cost-reflectiveness: The TURD methodology reflects the efficient costs of distribution network utilisation based on actual cost data. • Cross-subsidisation prevention: The account- ing separation of ONEE’s activities – approved by ANRE through Decision No. 04/25 – prevents cross-subsidisation between distribution and other segments.
Access to medium-voltage distribution grids is formal- ised through agreements between the relevant dis- tribution operator and the user, specifying technical connection conditions, commercial terms and dispute resolution procedures. Copies of the corresponding agreements are notified to ANRE. For end-user con- sumers in the regulated segment, terms of service are defined by applicable tariff regulations and by the dis- tribution management framework. ANRE’s decisions – including tariff decisions – may theoretically be challenged by annulment action before the competent administrative courts (Article 49 of Law 48-15). Users may submit complaints to ANRE regarding access conditions, tariff application or discriminatory treatment. ANRE arbitrates disputes between users and operators, may sanction operators for non-compliance, and may refer competition distor- tions to the Competition Council.
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