Opportunities and Threats of EU Regulatory Governance in the Energy Sector with Reference to Public Service Obligations – the President of the Energy Regulatory Office as a Regulatory Authority (a Case Study)

Abstract

The article focuses on the opportunities and threats of EU Regulatory Governance in the energy sector with reference to public service obligations. There are two pillars of regulation: the first being the independence of regulatory authorities, the second making decisions based on the state of competition. The article looks in depth at the discretionary power of the National Regulatory Authority - the President of the Energy Regulatory Office. It should be considered that National Regulatory Authorities have acquired a main role in the implementation of European Union law. Regarding this issue the article discusses the case pending before the District Court – Antimonopoly Court in Warsaw, case ref. no XVII AmE 93/13, dated 19 November 2013. In the view of the case XVII AmE 93/13, the systemic flaws of legal protection of energy enterprise are that the President of the Energy Regulatory Office is limited by the category of justified costs and the need for a reasonable return on the capital employed in this activity, while exercising statutory entitlement to verification of costs planned by the energy enterprise.