The National Commission of Markets and Competition (CNMC) has verified that, with the entry into force on June 1 of the new electricity tolls and the new rates that penalize consumption at the most expensive hours, several electricity marketers, to those that it does not identify have increased by up to 30% more than what would correspond to the cost of the average energy term billed, in addition to the variation in the regulated component (tolls).
In these cases, the regulator has verified that, only occasionally, the marketer has informed the client in a “transparent and understandable” manner, 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 terminating the contract without penalty, all in accordance with current regulations, the CNMC reported in a statement.
In the rest of the cases, the body chaired by Cani Fernández indicated that there has been no such transparent communication to its clients informing about the price update carried out and they have incorrectly indicated that this has been carried out to collect the variation of the regulated components.
However, the CNMC points out that the vast majority of traders have adequately transferred the variation in the new tolls.
In the case of irregularities, the regulator has asked these marketers to carry out the necessary regularizations in their consumers’ contracts so that they include the correct prices and, in addition, inform them in a transparent manner.
At the date of preparation of the report, many of these marketers are already carrying out such regularizations, adds the CNMC, which underlines that, in this way, consumers should receive the equivalent compensation for the prices they should have paid since June 1
Actions “could be started”
The organism affirms that it is carrying out a “follow-up of the regularizations of these contracts”. In the event that these are not carried out “diligently and adequately and with the necessary transparency” for the consumer, “the appropriate actions could be initiated in accordance with the provisions of articles 44.1.e) and 65.25 of Law 24 / 2013, regarding non-compliance with the application of consumer protection measures and, regarding the transparency adopted in the commercial practices carried out to inform the consumer in this process “.
Currently, the results corresponding to the information requested in the second phase (18 additional marketers) are being analyzed.
These investigations are the result of the report approved by the ‘super regulator’ on the monitoring of the adaptation of electricity supply contracts by the marketers of the new electric tolls after the entry into force of the new structure and billing conditions for tolls, For which all consumers began to have a toll with hourly discrimination in terms of power and energy.
The CNMC has requested information from companies on the prices invoiced before and after June 1, to a series of randomly chosen clients. In this first analysis, the information from the 25 marketers with the largest share of the number of supplies has been taken into account, which represents a market share of 91% of the total number of supply points in the low voltage free market and, the 84% of the total energy in the free market in low voltage.