The Energy Regulators Regional Association (ERRA) organized a Legal Regulatory Meeting on February 4-5, 2004 in Budapest. The meeting was co-hosted by the Hungarian Energy Office (HEO), the Energy Regulators Regional Association (ERRA) and the U.S. National Association of Regulatory Utility Commissioners (NARUC), with funding provided by the U.S. Agency for International Development (USAID).

The aim of the meeting was to bring together staff persons of ERRA member organizations directly involved in legal regulation, licensing and the dispute resolution process. It was the very first time that ERRA lawyers had the opportunity to meet and to discuss issues of common interest in the field of legal regulation. Representatives from 21 ERRA member organizations participated, in addition there were 2 US and 1 Austrian regulators.

In his welcoming comments, the Leader of the Group, Commissioner Lubov Goncharova (Ukrainian National Electricity Regulatory Commission) stressed the importance of the meeting and the crucial role lawyers play in regulation. She introduced the objective of the meeting as to compare and review various legal regulatory practices of ERRA members and if possible to put together a Glossary of Legal Terms.

Prior to the meeting, the ERRA Secretariat sent out a survey to each participant in order to assess the existing legal backgrounds and regulatory practices of ERRA members. The results of the survey were reviewed and compiled into a comprehensive analysis by the ERRA Secretariat and the analysis was introduced by Ms. Krisztina Kasza, ERRA Program Director after the Introductory Remarks. The analysis aimed at questions such as (1) the decision making process of regulators (2) the appeal process (3) transparency and openness of the regulator (4) examples for court procedures (5)

Following, 6 countries introduced their legal practices in details (Ms. Carmen Oprea, Head of Legal Office, Romanian Heat and Electricity Regulatory Authority; Mrs. Olena Gavrylyuk, Head of Legal Department, National Electricity Regulatory Commission of Ukraine; Mrs. Olga Serova, Head of Legal Department, State Energy Agency under the Government of the Kyrgyz Republic; Mr. Evlampie Donos, Head of Department, Legal and Consumer Protection, National Energy Regulatory Agency, Moldova; Mrs. Nilüfer Şentürk, Lead Attorney, Energy Market Regulatory Authority, Turkey; Mrs. Erika Cserhati, Legal Advisor, Hungarian Energy Office.) Next, Ms. Sally G. Johnston presented the US Legal Regulatory Practice in State Washington (Washington Utilities and Transportation Commission), while the Indiana practice was introduced by Judge Scott Stormes of the Indiana Utility Regulatory Commission. As an example for the West European legal practice, Mr. Wolfgang Urbantschitsch, Head of Legal Department, E-Control, Austria delivered a presentation.

At the end of the meeting the participants agreed on the need for finalizing and distributing the ERRA comprehensive analysis of legal regulatory practices. In addition, the group identified the following issues for future discussions: (1) Open government 0 open public meetings, public records, ethical obligations of the regulator, prohibitions against ex parte communications, appearance of fairness; (2) Administrative and judicial reviews; (3) Remedies for non-compliance (4) Public advocacy (5) Adjudicative orders. In addition to the above, members expressed an interest in developing a Comprehensive Glossary to facilitate a common understanding of terms of art applicable to energy regulation.

By Krisztina Kasza, ERRA Program Director

ASSOCIATE ERRA MEMBERS

Romania
National Natural Gas Regulatory Authority (ANRGN)
Mr. Mihai Goage, Legal Advisor
Tel: (40 21) 303 3809; Fax: (40 21) 303 3808

United States
National Association of Regulatory Utility Commissioners (NARUC)
Mr. Scott R. Storms,  Chief Administrative Law Judge, Indiana Utiltity Regulatory Commission, USA
Ms. Sally Johnston, Senior Assistant Attorney General, Utilities and Transportation Division
Tel: (1 360) 664-1193; Fax: (1 360) 586 1150

OTHER PARTICIPANTS

Council of European Energy Regulators (CEER)
Mr. Wolfgang Urbantschitsch, Head of Legal Department, E-Control Austria
Tel.: +43 (1) 24 7 24 / 400; Fax: +43 (1) 24 7 24 / 900

U.S. Agency for International Development (USAID)
Mr. Robert Archer, Deputy Chief, Energy and Infrastructure Division, Bureau for Europe and Eurasia
Tel: (1 202) 712 1221, Fax: (1 202) 216 3389

Energy Regulators Regional Association (ERRA)
Ms. Krisztina Kasza, Head of Secretariat
Ms. Anna Fischer, Program Officer
Tel: (36 1) 477 0456, Fax: (36 1) 477 0455