The National Commission of Markets and Competition (CNMC) estimates that approximately 240,000 electricity supply contracts have been affected by a higher price of electricity than that which would correspond to them due to the regulatory changes introduced on June 1, which is the 1 , 4% of the total contracts supervised.
According to a monitoring report on the adaptation of electricity supply contracts prepared by the agency, there are a number of marketers that have applied a higher price than would correspond due to regulatory changes (in addition to the variation in the regulated component, they have included an increase in the cost of energy).
The analysis estimates that the number of contracts affected by this situation represents 1.4% of the contracts supervised in this first analysis, which would affect some 240,000 supply contracts.
In the first phase of the analysis, the information from the 25 marketers with the largest share of the number of supplies was taken into account, which represents a market share of 91% of the total number of supply points in the low voltage free market and , 84% of the total energy in the free market in low voltage.
Of the total of 240,000 contracts affected, in 90,000 of them the marketer has informed the client, through specific communication for this matter, of the introduction of modifications beyond those that correspond to the mere transfer of the regulated components, giving the possibility of termination of the contract without penalty, all in accordance with current regulations.
In the rest of the cases (150,000 contracts), there has been no such transparent communication to customers informing about the price update carried out and it has been indicated “incorrectly” that this has been carried out to collect the variation of the regulated components.
Regularization of the situation
The CNMC has reminded the marketers who have incorrectly adapted their contracts, that they will have to carry out the necessary adjustments in the contracts of their consumers, so that they include the correct prices and, in addition, inform them in a transparent manner.
At the same time, the regulatory body has recognized that some of these marketers are already carrying out such regularizations, therefore, their clients should receive the equivalent compensation for the prices that they should have paid since June 1.
The CNMC is monitoring the regularizations of these contracts and is also verifying the specific performance of the marketers in question to determine whether it is an irregularity in the process of correction or an infringement, in which case it will proceed to initiate the corresponding files , and will inform of the initiation and its recipients.
Along these lines, the agency has indicated that in the current state of the investigation, noncompliance cannot be concluded without proceeding with a sanctioning procedure, although it admits that there are indications and elements “that could justify the opening of a sanctioning person.”
The CNMC has indicated that a second analysis is currently being carried out with the following 19 marketers with the largest share, which will allow 95% of the low voltage free market supplies and 89% of the energy in this segment to be analyzed .
Iberdrola, Endesa and Naturgy have complied
The CNMC’s investigations have begun after the regulatory body found that there are a number of electricity marketers that, in addition to the variation in the regulated component (tolls), have included an increase in the average cost of energy billed, reaching to be up to 30% higher than what would correspond, with the entry of the new tolls.
In this sense, Iberdrola, Endesa and Naturgy have clarified this Friday in different statements that they have applied the regulation of regulated electric tolls following the methodology of the CNMC.