UAE Law and Practice Contributed by: Brendan Hundt, Dan Feldman, Sam Anastasiou and Saiesh Kamath, King & Spalding LLP
Appeals and Complaints There does not appear to be a general public appeal mechanism to allow customers to challenge the regu- lator’s tariff-setting decision itself. In Abu Dhabi, regu- latory disputes between regulated persons and the regulator may be referred to arbitration under Law No 2 of 1998, with awards final and binding. Customers can, however, challenge billing, service quality and application of terms through complaint channels. In Abu Dhabi, customers must first com- plain to the service provider and may escalate to the Department of Energy through Abu Dhabi’s digital government services platform, TAMM, if dissatisfied or if no response is received. DEWA, SEWA and Eti- hadWE also provide online complaint channels.
per kWh), plus an electricity surcharge of 6 fils/kWh (AED0.060 per kWh). In the Northern Emirates, EtihadWE publishes tariff structures which are said to be structured around affordability, efficiency and sustainability, with sepa- rate customer categories including citizens, expatriate residential customers, commercial, industrial, govern- ment, agricultural and temporary connections. Regulatory Principles and Methodology Abu Dhabi uses the most formal economic-regula- tion model. It is not a simple annual cost-of-service rate case; rather, it uses incentive-based revenue- cap regulation, with defined cost pass-throughs for items such as electricity purchases and transmission charges. Dubai, Sharjah and the Northern Emirates may not publish the same level of detailed revenue-require- ment methodology. Their charges are implemented mainly through published tariff categories, consump- tion slabs, surcharges and service charges approved by the relevant government or utility authority. UAE materials do not generally use US-style language such as “just and reasonable rates”. Similar concepts appear through references to reasonable rates, afford- ability, efficient service, consumer protection and tariff signals encouraging efficient consumption.
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