S.L. 545.1 ст. 36Tariffs for supply of electricity.

(1) A distribution system operator may enter into special agreements in order to charge prices other than those established by these regulations, provided that the said prices are lower than those established by tariff.

(2) The Regulator shall approve any proposed tariffs submitted by a distribution system operator that provide sufficient revenue to the distribution system operator in any financial year in respect of the generation, distribution, and sale of electricity:

(a) to cover its full cost which shall include all operational, administrative and financial costs incurred in the generation, distribution and retail of electricity units including but not limited to costs relating to operational asset impairment, non-

recoverable tax and duties (excluding corporate tax on profits), and accumulated losses;

(b) to meet periodic repayments on long term indebtedness to the extent that any such repayment exceeds the provisions for depreciation; and

(c) to provide a reasonable return on the equity value, and any such tariffs and agreements shall not give undue preference as between consumers similarly situated or make undue discrimination as between persons similarly situated having regard to the place and time of supply, the quantity of electrical energy supplied, the consumer load and power factor, the purpose for which the supply is taken and any other circumstance which could justify a preferential or discriminatory treatment.

(3) (a) A distribution system operator shall communicate its proposed tariffs to the Regulator together with all documentation in support of its proposals, and together with any other information and documentation reasonably requested by the Regulator within a period of three (3) months from the submission of the proposal. Any documentation submitted to the Regulator by the distribution system operator in terms of this regulation shall be considered as confidential and economically sensitive and shall be handled accordingly.

(b) The Regulator shall communicate its decision to approve or refuse the tariffs proposed by the distribution system operator within six (6) months from the submission of the proposal, provided that the Regulator may only refuse to grant its approval to the said tariffs after having given the distribution system operator an opportunity to make representations to the Regulator, and shall provide reasons to the distribution system operator explaining its decision.

(4) The Regulator may only refuse to grant its approval to any tariffs proposed by the distribution system operator when such proposed tariffs do not comply with the principles established by sub-regulation (2).

(5) A distribution system operator shall have a right to appeal on any grounds of fact and law to the Administrative Review Tribunal from any decision taken by the Regulator in terms of this regulation. In reaching a decision the said Administrative Review Tribunal shall have regard to:

(a) the principles established in terms of this regulation;

(b) the proposed tariff structures proposed by the distribution system operator; and

(c) any relevant correspondence between the Regulator and the distribution system operator, and any legitimate expectation created by law, regulation, or by the Regulator in favour of the distribution system operator.

(6) For the purposes of these regulations the tariff for a Residential Premises Service shall not exceed the maximum tariff established in the First Schedule and shall be calculated in accordance with the methodology as outlined in the First Schedule.

(7) For the purposes of these regulations the tariff for a Non-Residential Premises Service shall not exceed the maximum tariff established in the Second Schedule and shall be calculated in accordance with the methodology as outlined in the Second Schedule.

(8) For the purposes of these regulations the tariff for a Domestic Premises Service shall not exceed the maximum tariff established in the Third Schedule and shall be calculated in accordance with the methodology as outlined in the Third Schedule.

(9) Notwithstanding the provisions of any other law, the Chairman shall, at any time and in his discretion, having regard to the provisions of these regulations, determine whether a Service is to be deemed a Residential Premises Service, a Non-Residential Premises Service or a Domestic Premises Service for the purposes of these regulations.

(10) For the purposes of these regulations, a consumer shall be entitled to submit an application requesting that a Service to individual units of residence, used solely and regularly as private dwellings, as may be confirmed by documentary evidence, be registered as a Domestic Premises Service: Provided that the Service to the common parts of a condominium consisting entirely of premises used exclusively for residential purposes may also be submitted for registration as a Domestic Premises Service:

Provided further that, unless otherwise authorised by the Chairman, for good and sufficient cause, a consumer shall only be entitled to register as a Domestic Premises Service, a Service to one Primary Residence, a Service to one Secondary Residence and a Service to one Garage which does not exceed 30 square meters in area and is used exclusively for private, non-commercial purposes: Provided also that in the case of uninhabited premises intended for residential use, the distribution system operator may allow such a service to be registered as a Domestic Premises Services for a period of up to twelve months.

(11) For the purposes of these regulations, a consumer shall be entitled to submit an application requesting the Chairman to register individuals having their primary residence in Malta on a Residential Premises Service in relation to such primary residence: Provided that no one individual shall be registered on more than one Residential Premises Service at the same time and that no individual shall be registered on a garage or on the common parts of a condominium.

(12) For the purposes of these regulations, a Service which is not registered as a Domestic Premises Service or as a Residential Premises Service in terms of this regulation or a Service which has not been submitted for registration as a Domestic Premises Service or a Residential Premises Service in terms of this regulation, shall be considered as a Non-Residential Premises Service, unless otherwise determined by the Chairman.

(13) The following provisions shall apply with respect to the registration of persons on a Domestic Premises Service or on a Residential Premises Service:

(a) a consumer shall furnish in writing to the distribution system operator, within such time as may be stipulated by the distribution system operator, any information together with any supporting documents which may be required for the purpose of such registration;

(b) a consumer shall notify the distribution system operator in writing of any change in the circumstances, on the basis of which such registration is made, not later than one month from when such change occurs;

(c) any change in the number of persons registered on a Domestic Premises Service or on a Residential Premises Service shall be taken into account, for the purpose of such registration, from the date of the first normal meter reading following the date on which the change in the number of persons occurs or the date on which the distribution system operator is notified in writing of such a change, at the discretion of the distribution system operator;

(d) a person residing in a tenement may apply to the distribution system operator so that he shall be registered on a tenement as a Domestic Premises Service other than that in which he resides;

(e) any application shall be made in such form as may be issued by the distribution system operator from time to time;

(f) every arrangement made in terms of this sub-regulation shall be valid until the 31st December of the year in which it was made or for which it was renewed, and it shall be deemed to have been renewed for the next following year, unless the consumer, not later than the last day of November of the year in which the arrangement is in force, gives notice in writing to the distribution system operator that he does not want the said arrangement to be so renewed.

(14) For the purposes of these regulations, a Non-Residential Premises service for the charging of electric vehicles shall be billed in accordance with the Fourth Schedule.

(15) For the purposes of these regulations, a residential Premises service or a domestic Premises service for the charging of electric vehicles shall be billed in accordance with the Fifth Schedule.

(16) For the purposes of the First Schedule, the Second Schedule, and the Third Schedule, "calendar year" and any other reference to a year (including "annum" or "annual") means a calendar year commencing on the 1st January and expiring on the 31st December of each respective calendar year.