Oireachtas Joint and Select Committees

Tuesday, 31 January 2023

Joint Oireachtas Committee on Climate Action

Engagement with the Commission for Regulation of Utilities

Ms Karen Kavanagh:

The various criteria we cite in our compliance policy have been pointed out. The first priority is to understand what the exact details of the issue are. We have flagged that there was an error regarding how that was applied. We need to understand the specifics around it, why it happened, how it happened and how, as the Deputy mentioned, how it passed unnoticed over that number of years. That is our immediate priority. As for the next steps in doing that, we receive on an annual basis the revenue return submissions from the systems operators, SOs in April. As part of that process, we will scrutinise those to understand what the error is and will decide on the mechanism for how that money gets returned to customers. That is the immediate priority. Part of that is looking at what happened, how it happened and what do we do about it.

Regarding the overall revenue control and price review five, PR5, framework within which system operators operate, part of the newer measures that were put through within PR5 was a measure around reporting and accountability. There is an audit of looking at how ESB Networks would make a submission to us in terms of the accuracy and transparency. We will be looking at how they make those submissions. It is also noted within our annual work plan for this year that we are establishing a separate team within my division which will look specifically at utility performance. That will allow us a bit more capacity to focus on the application of the regulatory framework related to delivery, performance and the application of incentives. This is separating that function from the annual revenue and tariffing decisions. It will give more focus to those decisions. There will be quite significant changes coming down the line.