National mediator of energy

The national Médiateur with energy is a function created in France by the law of December 7th, 2006 on energy. The decree n°2007-1504 of October 19th, 2007 lays down its procedure.

Mediator

The deputy Jean-Claude Lenoir, former executive of EDF, had been named national mediator of energy by decree of March 14th, it finally gave up this function. The deputy PS François Brottes had noted in an official statement that the deputy Jean-Claude Lenoir had his bed since it had been named " at the station whose it made vote creation by associating the necessary means there ".

November 14th, 2007, Denis Merville, UMP mayor of the Sainneville-on-Seine and general adviser of Seine-Maritime, 60 years, was named national mediator of energy.

Mission

The national mediator of energy is charged with " to recommend solutions to the litigations between the consumers and the suppliers of electricity or natural gas and to take part in the information of the consumers of electricity or natural gas on their droits".

Term of the office and sasine

Named for six years, it can be " seized directly and free by the consumer or his mandataire" specify the text, adoptee on November 8th by the Parliament after an examination marathon of more than 120 hours. Concretely, when a customer is confronted with a litigation with his supplier of energy, it must be initially addressed to him to arrive to a friendly solution. If no area of agreement is found within two month as from the reception of the complaint, the consumer can seize directly and free the mediator in the two months who follow.

Sasine must be written or transmitted by a " support durable" - for example email. It must contain all the elements useful to its examination (contract, documentary evidences…). The mediator must show reception of sasine without delay and inform his author, in particular, on the fact that the regulation of the civil and penal matter actions will be suspended during the treatment of the complaint. He can invite the parts to be expressed, and understand a third with their agreement.

As from the date of reception of the complaint, it has two months to treat it and give a recommendation. This opinion is then transmitted to the supplier in question which, in its turn, has two months to inform the mediator of the continuations of the business.

The mediator of energy can be seized only of the litigations born of the execution of the supply agreements subscribed by a consumer with a supplier. If the litigation concerns the managers of network and if it is related on the access or the use of the network, the mediator is not qualified: it is then necessary to seize the Commission of regulation of energy (CRE) within the framework of a procedure known as " of payment of différend". (source: Inc Hebdo n°1451 October -29 - November 4th, 2007)

Activity report

The national mediator of energy gives an account of his " activity; before the qualified commissions of the Parliament as regards energy or consumption, their demande" , specifies the text, adoptee on November 8th by the Parliament after an examination marathon of more than 120 hours.

Before the creation of this national mediator , the mission of information of the consumers of energy was ensured through the www.energie-info.fr site managed by the Commission departments of regulation of energy (CRE) and supplied with work groups which brought together the energy actors of the sector (suppliers, managers of networks and consumers' associations).

In November 2007, the mission of resolution of the litigations of the consumers was still not active, in the absence of the statutory texts to define its service and financing procedure of the national Mediator of energy.

References

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