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Arnsburger Str. 64, 60385 Frankfurt, Germany Tel +49-69-943188-0, Fax +49-69-943188-18 e-mail: thomas.schiller@macsonline.de Internet: www.macsonline.de April 05, 2006 Establishment and Development of a National Water and Sanitation Regulatory Authority Regulatory Organizational Structures Presentation to the Review Commission
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1 Dr. Thomas Schiller Option 1: NWSA is not an appropriate institution to be responsible for regulation Is envisioned by the cabinet resolution 237 –However conflict of interest as long as NWSA is engaged in service provision –Difficult to change the Institution’s existing corporate identity Option 2: Independent regulator outside MWE is best practice International best practice –However decision by Parliament is required, which is a lengthy process Option 3: Regulator within MWE is a weak option Can be implemented quickly through ministerial decision –However no own legal personality and no independence at all Option 4: Regional / Local Regulator lead to high operational inefficiency in Yemen Can be structured according to best practice –In a relatively small country it produces high operational inefficiencies There should be no conflict of interest and wide independence
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2 Dr. Thomas Schiller Phasing in approach towards best practice is recommended Water & Wastewater Regulatory Authority National Water & Wastewater Regulator Cabinet or Presidential Decree Semi-IndependentIndependent 20062007200820092010 Law approved by Parliament Would have own legal personality Would have own revenues Would report to the Minister and the Service Committee of the Parliament Dependence would be reduced to the appointment of the Director General and head of Directorates
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3 Dr. Thomas Schiller Selection of Director General and Heads of Directorates: » Nomination by Minister for Water and Environment appointment by Cabinet » Candidates would be identified through public advertisement. Ministry will be supported by international recruitment consultant At first the Regulator is a Authority under the umbrella of MWE MWE NWRA GARWSP NWSA LC EPA Semi-Independent Water & Wastewater Regulatory Authority Minister Water & Wastewater Regulatory Authority Water & Wastewater Regulatory Authority
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4 Dr. Thomas Schiller Then the Regulator Commission becomes an independent Organization Parliament Services Committee or Office of the President National Water & Wastewater Regulator Parliament or President Appointment of Director General and Heads of Directorates: Nomination by Prime Minister and appointment by President or Parliament
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5 Dr. Thomas Schiller A non-political Regulatory Council takes the decisions Director General General Services General Services Directorate Asset and Tariff Evaluation Directorate Service Quality Comparative Competition and Benchmarking Directorate Communication and Customer Relation Legal Advisor Regulatory Council Water & Wastewater Regulatory Authority - WWRA
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6 Dr. Thomas Schiller External members increase transparency of decisions Chair: Director General Director Asset Evaluation and Tariffs Director Comparative Competition and Benchmarking Director Communication and Customer Relation Representative of Chamber of Commerce Representative of Yemen Standardization, Metrology and Quality Control Organization - YSMQCO External Members Composition of WWRA Regulatory Council
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7 Dr. Thomas Schiller WWRA does Asset and Tariff Evaluation Director General General Services General Services Directorate Asset and Tariff Evaluation Directorate Service Quality Comparative Competition and Benchmarking Directorate Communication and Customer Relation Legal Advisor Water & Wastewater Regulatory Authority - WWRA Regulatory Council
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8 Dr. Thomas Schiller WWRA will have the power to approve or reject utility tariffs Function » Assess financial viability » Evaluate investment requirements » Revise Tariffs » Consider transparent subsidy schemes in the framework of Government’s social policy » Develop milestones for asset and tariff development Required Staff (5) » Director: either Engineer or Economist » 1 Planning Engineer » 1 Economist / Financial Analyst » 2 support staff Directorate: Asset and Tariff Evaluation The directorate will develop and update a financial model for each utility. The directorate will give an evaluation of the financial viability on a yearly basis. The directorate will prepare the material for the decision taking of the Regulatory Council.
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9 Dr. Thomas Schiller Service Quality, Comparative Competition and Benchmarking Director General General Services General Services Directorate Asset and Tariff Evaluation Directorate Service Quality Comparative Competition and Benchmarking Directorate Communication and Customer Relation Legal Advisor Water & Wastewater Regulatory Authority - WWRA Regulatory Council
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10 Dr. Thomas Schiller WWRA will enact Economic Regulation Function » Evaluate service performance » Enhance competition » Harmonization of relevant technical, operational and financial rules and regulations » Auditing of drinking water quality tests » Auditing of wastewater analysis » Develop milestones standards and benchmarks Required Staff (8) » Director: either Engineer or Economist » 1 Operations Engineer » 1 Environmental Engineer » 1 Economist » 4 support staff Directorate: Service Quality, Comparative Competition and Benchmarking The directorate will define, collect and process performance relevant data. The directorate will compare performance data among utilities and prepare respective reports. The directorate will develop benchmarks to be decided upon by the Regulatory Council. The directorate will design auditing procedures. Field work will be outsourced.
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11 Dr. Thomas Schiller Communication and Customer Relations is paramount Director General General Services General Services Directorate Asset and Tariff Evaluation Directorate Service Quality Comparative Competition and Benchmarking Directorate Communication and Customer Relation Legal Advisor Water & Wastewater Regulatory Authority - WWRA Regulatory Council
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12 Dr. Thomas Schiller WWRA seeks transparency and follows a consultative approach Function » Publishing regular information on WWRA » Publishing regular information on utility performance » Liaise with utilities (“Utility Advisory Committee”) » Liaise with MWE, NWRA, EPA,YSMQCO (“Regulator Coordination Committee”) » Liaise with MoLA and Local Council Service Committees » Liaise with Parliamentary Service Committee Required Staff (5) » Director: Economist (Marketing) » 1 Journalist » 1 Publishing / Designing Expert » 2 support staff Directorate: Communication and Customer Relations The directorate will organize the external communication
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13 Dr. Thomas Schiller General Services Director General General Services General Services Director Asset and Tariff Evaluation Director Service Quality Comparative Competition and Benchmarking Director Communication and Customer Relation Legal Advisor Water & Wastewater Regulatory Authority - WWRA Regulatory Council
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14 Dr. Thomas Schiller Lean administration Function » Manage WWRA’s human resources » Manage WWRA’s finances » Provide office logistic » Manage IT support Required Staff (7) » Director: Administrator » 1 Accountant » 1 IT Expert » 4 support staff General Services General Services will provide the administrative infrastructure
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15 Dr. Thomas Schiller Service Provider have to Finance WWRA WWRA will have its own budget In the beginning it is proposed to share the yearly cost among the regulated organizations as a lump sum according to the financial strength of each organization. Later a more sophisticated system can be developed
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16 Dr. Thomas Schiller A Structure of Formal Interfaces Director General General Services General Services Directorate Asset and Tariff Evaluation Directorate Service Quality Comparative Competition and Benchmarking Directorate Communication and Customer Relation Legal Advisor Regulatory Council Water & Wastewater Regulatory Authority - WWRA Regulator Coordination Committee Utility Advisory Committee Customer Service “Window”
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17 Dr. Thomas Schiller Existing regulation and standardization bodies have to coordinate Regulator Coordination Committee Function » Development of standards » Report about the institution’s monitoring work » Address specific regulatory problems from each institution’s perspective with the aim to define common positions » Coordinate enforcement mechanisms Members » WWRA: Drinking water treatment and distribution and wastewater collection and treatment regulation » NWRA: Water resources regulation » EPA: Environmental protection regulation » YSMQCO: National norms and standards regulation Can convene on different levels: Head of Organizations or Head of Departments
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18 Dr. Thomas Schiller A Structure of Formal Interfaces Director General General Services General Services Directorate Asset and Tariff Evaluation Directorate Service Quality Comparative Competition and Benchmarking Directorate Communication and Customer Relation Legal Advisor Water & Wastewater Regulatory Authority - WWRA Regulator Coordination Committee Utility Advisory Committee Customer Service “Window” Regulatory Council
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19 Dr. Thomas Schiller Communication with and among the utilities Utility advisory Committee: Function » Harmonization of procedures » Implementation of standards » Discussion of performance benchmarks » Discussion of tariff policies » Other issues of common interest Members » NWSA » Autonomous NWSA Branches » LCs, » Autonomous Branches of LCs, Can convene on different levels: Head of Organizations or Head of Departments For specific issues, such as water quality, also other organizations can be invited: Tanker Service Association, Purification Plants, Small private network operators
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20 Dr. Thomas Schiller A Structure of Formal Interfaces Director General General Services General Services Directorate Asset and Tariff Evaluation Directorate Service Quality Comparative Competition and Benchmarking Directorate Communication and Customer Relation Legal Advisor Water & Wastewater Regulatory Authority - WWRA Regulator Coordination Committee Utility Advisory Committee Customer Service “Window” Regulatory Council
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21 Dr. Thomas Schiller WWRA will seek feedback of customers (customer protection) Customer Service “Window” Function » Allow customer representatives to enter in structured communication with WWRA » Allow WWRA to actively seek direct feedback from customer representatives Target Group » All kind of formalized or non-formalized customer organizations or customer representatives WWRA will monitor customer satisfaction
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22 Dr. Thomas Schiller Thank you very much for your attention! www.macsonline.de
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