Enel blames the legislation for the irregularities found by ANPC: There were 20 changes to the billing system in the last two years / The company will appeal the fine

2023-10-20 15:23:12

In response to the accusations brought by ANPC, which fined the company for higher prices than those established by law, Enel Energie says that the legislation in the field, although it has been changed 20 times in the last two years, does not cover all situations that arise in the activity of supply. In addition, the company accuses the state institutions of incoherence, stating that ANRE, the regulator in the field, has not notified any violation of the law.

ENELPhoto: AGERPRES

This following, previously, the National Authority for Consumer Protection (ANPC) announced that it had fined Enel with 1% of its turnover, i.e. 52 million lei (10.4 million euros) for the fact that the energy supplier invoiced customers’ consumption at a price higher than that established by law.

Read here what irregularities ANPC found.

“Enel Energie paid particular attention to the application of the legislative measures regarding the support of energy customers, adopted by the authorities in recent years once morest the background of the increase in energy prices at the European level.

Thus, in the last two years or so, the company’s teams have made significant and sustained efforts to implement almost 20 changes to the customer invoicing system, in order to comply with the repeated changes in primary and secondary legislation in the field of energy.

Since the legislation we refer to, as it was adopted, does not cover all the situations that arise in the supply activity and the particularities of consumption of all customers, we have repeatedly requested clarifications and held discussions with the authorities that coordinate and regulate our field of activity”, say the representatives of Enel Energie, in a response sent to HotNews.ro’s request.

All these steps were aimed at clarifying the ways of applying the various normative acts or provisions that have appeared, in order to ensure a fair and fair treatment of customers.

Following these discussions, they were accepted by the representatives of the relevant institutions for the field of electricity supply, including the ways of applying the legislation in certain rare situations, not expressly provided for by law.

Regarding the current situation, the representatives of Enel Energie were informed by the ANPC that the Authority received a number of 4 notifications.

“Thus, for customers who have a reading or self-reading of the index within the billing period, to determine the total consumption, according to the current legal provisions, a daily average consumption for the period for which there is no reading is used. In the case of February, which has a low number of days, this average is higher than for the other months, so for an extremely small number of customers this resulted in moving to the next consumption tranche. In the case of many referrals where there were doubts regarding the index, I canceled the invoices and applied the provisions favorable to the customers.

These situations, although with a particularly low frequency, appeared as a result of the application of legal regulations, and the relevant institutions in our field of activity did not notice any aspect that contravened them.

We regret to note that various state institutions have different interpretations of the legislation and other applicable provisions in the field of energy and do not manage to correlate their activities, in order to provide clarity to both customers and companies in the field”, explains Enel.

The company has not yet received the sanctioning decision, and it follows that, following it comes into its possession, it will follow the legal avenues of appeal.

“We maintain our commitment to participate in all the consultations to which we will be invited, with all the relevant institutions, in order to achieve coherence in the application of the constantly changing legislative provisions, to ensure a fair and transparent relationship with our clients. We count on the same openness from on the part of our institutional partners, which we consider to have the same objectives in order to protect customers and we reserve the right to defend ourselves, in the legal system, once morest any abusive interpretation of the legal provisions”, said the managers of the utility company.

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