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Results on Survey on Experiences, Best Practices & Lessons Learned ERRA Secretariat, Andrea Farkas ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27th, 2005 October 26-27th, 2005
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 2 Participants of the Workshop Commissioners (approx. 18%) Commission Staff: Legal and Consumer Protection Department (approx. 24 %) ; PR Department (even a web-master from Latvia) (approx. 27%) ; Department for Work with Consumers (approx. 13%) ; Staff/Administration (approx. 5 %) ; Other (Regional Director (5 %), EU Integration (2%), Economic Issues (2%), Economic Analysis and Forecast (2%), Systematization and Storage of Legal Acts and Documents on Methodology and Expertise (2%))
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 3 Formal involvement of stakeholders by Regulator Proposed approach to taking decisions e.g. Ukraine is specified by normative documents of the Government and Regulator
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 4 Rules, laws, procedures allowing or requiring stakeholder involvement Laws: Energy Act, Law on Electricity and Natural Gas, Law on Regulators’ of Public Utilities, Law on Transparency of Public Administration, Law on Natural Monopolies, Provisions of Presidential, Ministerial Decrees on Energy Regulator etc. Normative & Legal Basis of Regulator: Resolutions, Instructions, Orders, Regulatory Acts (Administrative Procedure Code, Regulations on Licensing, Tariffs, Dispute Resolution)
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 5 Public hearings (most popular); Working Groups (WG)/Round Tables; Written Comments; Ad-hoc Meetings; Other: Workshops Methods of involving stakeholders in the regulatory process
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 6 Formal & informal communication with Government, Agencies Regulated Correspondence; Submission of Information: Annual Reports, Reports on Requests, Informational Packages; Submission of Draft Decisions, Resolutions; Public Sessions, Meetings, Ad-hoc Meetings; Joint WG; Exchange of Information with Agencies Agencies as those with which the Regulator most frequently cooperates: Competition Council, Centre for Protection of Consumer Rights (Latvia), Natural Gas Regulatory Authority (Romania)
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 7 Formal & informal communication with Ministries Correspondence; Submission of Draft Decisions/Resolutions, Information: e.g. Georgia: the Ministry of Energy develops the policy of Regulator, e.g. Hungary: Regulator prepares and submits regulated prices which are declared by the Ministry of Economy & Transport in a Ministerial Decree, adoption of Regulatory Budget, e.g. Macedonia: the Ministry of Economy has no influence on the decision making process, close cooperation exists in the field of preparation of new amendments to laws; Submission of Reports on Requests, Annual Reports; Exchange of Information; Public Sessions, Formal & Informal Meetings, Consultations; WG, Workshops, Discussions
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 8 Formal & informal communication with Parliament Direct correspondence e.g. Romania: responses to inquiries of MPs, cooperation while preparing a draft law; Reporting, Participation on Sessions of Commissions of the Parliament e.g. Georgia: on tariff & residential issues; Submission of Information: Work Plan, e.g. Macedonia: Annual Report; Involvement of MPs in Public Hearings; Meetings, Consultations; WG, Roundtable Discussions e.g. Kyrgyz Republic: on legislative issues, e.g. Macedonia: Nomination and Recall of Commissioners by Parliament
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 9 Formal & informal communication with Consumer Associations/Groups Direct Correspondence : submission of appeals and complaints; Submission of Information : e.g. Moldova: Activity Report; Exchange of Information; Public Hearings; Joint WG, Roundtable Discussions, Consultations, Meetings Setting up of Advisory Council e.g. Kazakhstan, Romania, Russia including representatives of Consumer Associations /Groups; e.g. Ukraine: Personal Reception of Representatives by Regulator
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 10 Formal & informal communication with Large Consumers Correspondence; Submission of Information e.g. Ukraine: on legal issues ensuring consumer protection; Exchange of Information; Public Hearings: e.g. Latvia: they involved in tariff setting procedure and developing of methodology; Joint WG, Roundtable Discussions, Meetings e.g. Romania : Dissemination of Booklets on free choice of supplier; Press-releases
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 11 Formal & informal communication with small (residential) consumers Direct Correspondence: submission of appeals, complaints; Public Hearings; Joint WG, Roundtable Discussions, Meetings: dispute resolution; Submission of information, Explanatory work: consumer protection, e.g. Ukraine: legal assistance on issues of electricity and gas supply; Personal Reception of Representatives by Regulator; Dissemination of Publications of Regulator; Press-releases
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 12 Formal & informal communication with Media/Press Submission of Information: e.g. Ukraine: publications, posting information, explanatory letters on actual issues on web-site, Newsletters; Open Sessions, Public Hearings; WG, Roundtable Discussions; Press-releases; Press-conferences, Interviews with Staff and Management, TV Reports from Open Sessions, Public Hearings; Ad-hoc Meetings; e.g. Kyrgyz Republic : Organization of Joint Campaigns Ensuring Publicity of Regulatory Activity
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 13 PR expert/Department within Regulator No Expert/Department (BiH, Hungary, Kosovo); e.g. Macedonia, Montenegro : President, Vice-President, performs these responsibilities; One employee (Bulgaria, Kazakhstan, Moldova); Generally 3-4 persons involved in PR; Largest staff e.g. Ukraine (8 persons: 5 for PR and 2 Editorial Group)
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 14 General responsibilities of PR Department Work with Parliament, Government, NGOs, POs; Work on Social Protection; Preparation and Execution of Public Hearings; Meeting with Public on Energy Issues; Work with Consumers on Complaints and Appeals; Work with International Organizations and Mass Media; Organization of Press-Conferences; Preparation of Press-Releases and other Information on Regulator's Activity and Sessions; Distribution of Information, Press Monitoring on Articles Published on Regulator, Replying to Articles; Compiling of Newsletter; Maintenance of Regulator's Website
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 15 Regulator’s response to inquiries of stakeholders Regulated by Law (e.g. Provisions of Law on Freedom to Access of Information, Law on Public Administration, Law on Public Information, Law on Appeals from Citizens etc.), Regulator’s Internal Regulations, Rules etc.; Strictly defined and separate deadlines for MPs, consumers, media, etc.; Average length of time: from 7 to 15 working days, more complicated issues could be answered within 30 days Formal responses, Publication of information on web- site; No rules, guidelines in this respect (Macedonia, Montenegro, Hungary)
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 16 Regulator communication of Applications for reviews (Tariffs, Licences) Web-site (most popular); Formal meetings; Newspaper, Radio/TV; Reports/Newsletter; Other Public Hearing Web-site (most popular); Formal meetings; Radio/TV; Newspaper, Other Reports/Newsletter;
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 17 Regulator communication of Rate case Web-site (most popular); Formal meetings; Newspaper, Radio/TV; Reports/Newletter; Other Major decisions (e.g. tariffs reviews, licences) Formal meetings (most popular); Newspaper; Web-site, Radio/TV; Reports/Newsletter; Other
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 18 Regulator communication of Changes in laws, procedures etc. Web-site (most popular); Newspaper; Reports/Newsletter; Formal Meetings, Radio/TV; Other
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 19 How does the Regulator issue the following?
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 20 How does the Regulator ensure that its message is understood by other stakeholders? Publications: Reports, Brochures, Booklets; Public Hearings, Sessions, Meetings; Work with State Agencies, Consumers; Press-releases, Press-conferences, Briefings; Newsletter, Web-site; Electronic respond system to inquiries; Publications in Press, Interviews on Radio/TV; Talk-shows; Seminars
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 21 Regulator’s response to negative publicity e.g. Georgia: Regulator disseminates its position on an issue being under dispute, press-conferences, meeting with stakeholders locally in the presence of mass media. e.g. Latvia: Regulator provides grounds for an unpopular decision. e.g. Russia: Negative publicity should be investigated and if it does not respond to reality, further actions and re- calculations to be posted on the web-site. Depending on situation, public discussions could be initiated. e.g. Ukraine: Prepare and disseminate press-releases, organize briefings and press-conferences.
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ERRA Regulatory Participation & Communication Workshop, Kiev, Ukraine, October 26-27 th 2005 22 Successful PR strategy e.g. Latvia: Participation of the Head of Regulator in TV talk-shows on regulatory issues. e.g. Poland: Head of Regulator has established cooperation with a leading energy periodical. The Regulator serves as a patron of all conferences and workshops organized by periodical on Liberalization of Energy Market and Third Party Access, the Regulator in return has the right to post articles on the position of Regulator on liberalization of energy sector in each issue of the periodical. e.g. Romania: Mailing Lists with the major distributors, eligible customers and consumer associations. e.g. Ukraine: Local investigation of negative signals from consumers and appeal submitted by company Kiev Regional Energy with involvement of mass media resulted useful due to the fact that the issue received publicity on popular TV channels and so the activity of Regulator without spending funds on advertising.
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