Dáil Éireann Debate, Wednesday - 18 December 2013
147. Deputy Tom Fleming asked the Minister for Communications, Energy and Natural Resources if he will intervene to revive the proposed €600 million liquid gas terminal at Tarbert; if he will introduce a legislative mechanism to address the impediments and ensure that the LNG terminal is developed as it would increase security and diversity of energy supply and give direct access to competitive gas supplies which is crucial for our economic recovery. [54652/13]
View answerSince 2002, the regulation of the gas market has been the responsibility of the Commission for Energy Regulation (CER), which is independent in the performance of its functions. I have no direct statutory function in relation to liquefied natural gas (LNG) projects, including specific projects like the Shannon LNG project. The LNG facility would provide additional security of supply to Ireland in that it would bring diversity to Ireland's supply sources and would bring connectivity for the first time to the global LNG market. The prospect of such a facility is therefore a potentially positive step for the island of Ireland. Decisions on the regulatory treatment of the gas interconnectors and tariffing are statutorily matters for the Commission for Energy Regulation (CER) under the Gas (Interim) (Regulation) Act 2002. Therefore, policy in relation to tariff setting has been settled since 2002 when the Oireachtas conferred responsibility for tariff setting on the CER. The CER as the independent energy regulator has a remit to protect energy consumers, ensure security of supply and support competitiveness. The CER also has a duty to ensure that new sources of gas for the Irish market do not result in unwarranted increases in the price of gas to business and domestic consumers.
On the 29 June 2012 the CER published a decision in regard to the regulatory treatment of the BGE interconnectors. That decision subsequently became the subject of a Judicial Review by Shannon LNG. On the 11 December, 2013, the High Court upheld the CER decision of 29 June 2012 on reform of the tariffing regime. The matter of an appeal of that decision is an issue for consideration by Shannon LNG.
I understand that the CER intends to carry out a consultation on tariff settlement in Quarter 1 of 2014 with decisions in Quarter 2. Tariff reform is being driven by the entry of Corrib gas into the system, with first flows anticipated in 2015. Therefore, it is in the interests of all stakeholders, including consumers, that clarity in regard to tariffing arrangements is obtained as soon as possible and I would urge all concerned to engage with the CER on its forthcoming consultation on this regulatory issue.
The independence of the CER in its decision making is expressly provided for in EU legislation as transposed into Irish law. Requests have been made to me as Minister to issue a policy direction to the CER in accordance with powers of direction provided under section 10A of the Electricity Regulation Act 1999. Section 10A of the 1999 Act, as amended, does provide that I may give “general policy directions” from time to time. However, I am expressly precluded from giving any policy direction in respect of any individual undertakings or persons. Taking account of binding EU legislation as transposed into Irish law in regard to the independence of regulators and the assignment of gas regulatory functions to the CER, including tariffing, I am of the view that Section 10A of the 1999 Act does not provide an adequate legal basis for a direction sought by and for the benefit of an individual entity.
