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Contribution:

This law has been obtained with the permission of National Bureau of Agricultural Commodity and Food Standards (ACFS), Thailand Lawyers Chaninat & Leeds have assisted with its publication on this site.




 

Section 77:
The ERC shall have the power to revoke the license to undertake the testing and certification of the standards of the equipment to be connected to an energy network system in the following cases:

(1) lack of qualifications as stipulated in the announcement issued under Section 76, Clause two thereof;

(2) dishonesty in undertaking the testing, in reporting the testing outcome or in certifying the testing outcome;

(3) delay in the undertaking of the testing, reporting the testing outcome or certifying the testing outcome, with undue reasons, hence causing serious damage to a person requesting the testing; or

(4) failure of the inspectors to meet the standard qualifications, or having insufficient number of the inspectors as stipulated in the announcement issued under Section 76, Clause two thereof.

Section 78:
The revocation of the license to be a standard testing and certifying agency under Section 77 shall not affect the standard certification undertaken by the agency prior to the license revocation except that the certification is below the standards specified by the ERC, in which case the ERC may give an order to revoke that certification.

In the case where any person is affected by the damage caused by the standard certification which is below standards and hence the revocation under Clause one hereof, the standard testing and certifying agency whose license is revoked shall be liable for the compensation for such damage.

PART 4
THE ENERGY NETWORK SYSTEMS
AND THE ENERGY NETWORK SYSTEM OPERATORS
__________________________

Section 79:
A licensee who has an energy network system shall carry out the operation in line with what is stipulated in the energy network system expansion plan.

A licensee who has an energy network system and who is a government agency as determined by the ERC shall develop his energy network system expansion plan and present it to the Minister for further submission to the cabinet for approval.

In considering the energy network system expansion plan under Clause two hereof, the ERC shall provide comments on the subject. In this regard, if the mentioned plan has significant impacts on the general public, the ERC shall organize a hearing process in accordance with Section 26.

A licensee who has an energy network system and who is not a government agency under Clause two hereof shall develop his energy network system expansion plan for submission to the ERC for approval in compliance with the scope and criteria specified by the ERC.

Section 80:
A licensee who has an energy network system shall fairly carry out his energy industry without unjust discrimination.

Section 81:
A licensee who has an energy network system must allow other licensees or energy industry operators to utilize or connect to his energy network system in accordance with the codes stipulated and announced by the licensee operating the energy network system.

The codes under Clause one hereof shall comprise the code of the energy network system connection, the code of utilization of the energy network system facilities and the code of the energy network system operation. Such codes shall be based on the following principles:

(1) They must not adversely affect the security, safety and quality of the energy system.

(2) They must not disadvantage energy consumers and the public as a whole.

(3) They must not unjustly discriminate or hinder other licensees or energy industry operators.

(4) The technical specifications at the end-use points or at the point of connection to the energy network system must be clear, technically feasible and must not impose an undue burden on the person who requests to utilize or connect to the energy network system.

(5) Duties and liability of both the person who requests to utilize or connect to the energy network system and the person who allows the utilization of or connection to the system must be clearly stipulated.

(6) Any other characteristic as specified and announced by the ERC.

The codes under Clause one and Clause two hereof shall not cause the licensee operating the energy network system to lose benefits or to be at a disadvantage in the competition against other licensees or energy industry operators.

Section 82:
In the case where the ERC views that the code of the energy network system connection, the code of utilization of the energy network system facilities and the code of the energy network system operation do not comply with the principles under Section 81, the ERC shall have the power to order the licensee issuing such codes to revise or improve the codes to comply with the principles under Section 81.

Section 83:
In the case where a licensee or an energy industry operator, wishing to use or connect to an energy network system views that the code of the energy network system connection, the code of utilization of the energy network system facilities and the code of the energy network system operation do not comply with the principles under Section 81, the licensee or the energy industry operator can file a petition to the ERC for consideration.

In the case where the ERC views that the codes do not comply with the principles under Section 81, the ERC shall have the power to order the licensee issuing such codes to revise or improve the codes to comply with the principles under Section 81.

Section 84:
In the event that a licensee who has an energy network system refuses to allow utilization of or connection to his energy network system, the person who has been refused has the right to file a petition for the ERC’s consideration.
When the ERC has made a decision on the petition under Clause one hereof, the concerned parties shall abide by the decision.

Section 85:
A licensee who has an energy network system shall provide the person who requests to utilize or connect to his energy network system with accurate information necessary for the utilization of or connection to the system. He shall not take any action that would disrupt the normal operation of the other licensee or energy industry operator utilizing or connecting to his energy network system.

Section 86:
A licensee who has an energy network system must disclose the contracts, agreements, conditions and tariffs for the utilization of or connection to his energy network system, according to the criteria, procedures and conditions established and announced by the ERC.

Section 87:
A licensee with an energy network system operator shall be responsible for the control, management and overseeing of the energy system to ensure the overall system balance, security, stability, efficiency and reliability and shall have the power and duties to execute other tasks as specified by the ERC under the conditions of the license issuance.

The licensee with the power system operator shall fairly instruct licensees operating the electricity industry to generate electricity and shall not exert unjust discrimination.

Section 88:
In the case where a petition is filed to the ERC claiming that the licensee with the power system operator has breached the provision of Section 87, Clause two thereof, the ERC shall finalize the deliberation on the petition within thirty (30) days as from the date the petition is received.

In the case where the ERC views that the licensee with the power system operator has breached Section 87, Clause two thereof, and hence has caused damage to the petitioner, the ERC shall, preliminarily, determine also the amount of the compensation for such damage.

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