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PRESS RELEASE
5 July 2022
Public thematic report
ORGANISATION OF THE ELECTRICITY
MARKETS
In an electricity sector that is open to competition at European level, France has maintained
or created major public intervention tools
in connection with the
“New organisation of
the electricity market” (NOME) law of 7 December 2010 –
to meet several objectives: to
allow competition between suppliers, to guarantee stable prices for consumers that reflect
the competitiveness of existing nuclear plants, to ensure the financing of these plants and
to have sufficient capacity to guarantee the balance between electricity supply and demand.
The report published today by the Court of Accounts answers three evaluative questions on
the main public policy mechanisms for the organisation of the electricity markets. It points
out that the combined implementation of these mechanisms over the last ten years no
longer ensures that the original objectives are met. This observation, illustrated to the
extreme in the recent context of soaring gas and electricity prices, calls for advantage to be
taken of the forthcoming deadlines for the revision or obsolescence of existing mechanisms
to clarify the objectives and revisit the tools for intervention in the electricity markets.
Public intervention in response to issues specific to France
The French production system is distinguished within Europe by the weight and
competitiveness of the historical nuclear fleet. Therefore, in the absence of public intervention,
the opening up to competition of the electricity market on a European scale would result in
French customers being supplied at prices likely to be significantly higher than the production
costs of French plants.
Intervention tools implementation of which no longer guarantees achievement of
objectives
To allow for the development of competition on the retail market, the regulated tariffs (TRVs),
to which two-thirds of households still subscribe, are now based on supply costs representative
of those of alternative suppliers (as opposed to historical suppliers, including EDF). The stability
and competitiveness of these tariffs depend increasingly on the proper functioning of the
regulations put in place on the wholesale markets (between producers and suppliers), and in
particular on regulated access to historical nuclear power (the ARENH mechanism). Since 2019,
these tariffs have been increasingly affected by the evolution of wholesale market prices, at the
risk of moving significantly away from the production costs of French plants. Thus, without the
exceptional tariff cap measures introduced by the government at the beginning of 2022,
regulated tariffs would have risen by 35% (inclusive of taxes) on 1 February 2022.
The flaws in regulated access to historical nuclear power (ARENH), which was supposed to allow
alternative suppliers to obtain supplies under conditions equivalent to EDF’s production costs,
have been exposed, as its price has never been set at the level of these production costs. Its
volume cap, linked to the provisional nature of the mechanism, has not been adjusted to the
increase in the market share of alternative suppliers, thus leading to “capping” of these
suppliers’ requests since 2019. It has nevertheless enabled EDF to cover its accounting
production costs over the period 2011-2021, even if this coverage is less and less assured over
the years.
The capacity mechanism set up in 2016 to guarantee sufficient availability of production
resources during winter consumption peaks is the source of major financial transfers between
producers and consumers. It remunerates certain sectors, particularly nuclear power, in a way
that is not proportionate to the strict requirements of security of supply.
Overall, the Court notes that the combined implementation of these different tools has
resulted in an organisation that is no longer readable or controllable, and which no longer
guarantees that the initial objectives will be achieved.
A public policy with objectives that need to be clarified and instruments that need to be
reviewed in the near future
In the short term, the Court is calling above all for a review of the method of calculating
regulated tariffs in the event of capping of ARENH requests, in order to limit the exposure of
these tariffs to sudden variations in market prices. In the medium term, given the still dominant
role of nuclear power in electricity production in France, public regulation of access to this
production will remain a major issue beyond the term assigned to the ARENH mechanism (i.e.
the end of 2025). The Court therefore calls on the public authorities to clarify, as early as 2022,
the objectives to be pursued within the framework of a new nuclear regulation, in order to
determine the new terms and guarantee its coordination with other public policy measures.
Read the report
PRESS CONTACTS:
Emmanuel Kessler
Director of Communications
T
+33 (0)1 42 98 55 62
+33 (0)6 62 48 07 81
emmanuel.kessler@ccomptes.fr
Julie Poissier
Head of Press Relations
T
+33 (0)1 42 98 97 43
+33 (0)6 87 36 52 21
mailto:
julie.poissier@ccomptes.fr
@Courdescomptes
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