National Mediator of the Energy

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The National Mediator of the Energy is a function that has been created by the Act of Energy on December 7, 2006.

"I think what matters first for a position a mediator is the independence of mind". Denis Merville, interview of November 19, 2007.

Contents

[edit] June 3, 2009: The First "Enlightening" Steps of the Mediator of the Energy

The establishment of this specific service that attempts to response to the consequences of privatization of access to energy has been rough. Denis Merville, Mediator of the Energy in France, has presented his first report of activities for the year 2008. Since June 2008, 48 recommendations have been expressed, followed at 74% by the operators. Except for ERDF, the distribution subsidiary of EDF (Electricity of France) which has only followed 26% of the Mediator's decisions...

[edit] History

By Order of March 14, 2007, the deputy Jean-Claude Lenoir, a former executive of Electricité de France (EDF - Electricity of France), had been appointed National Mediator of Energy. He has relinquished this role of which he was the initiator after being reelected. His colleague François Brottes, from the French Socialist Party, had severely criticized the process of creation, stating that Jean-Claude Lenoir has been appointed to this function of which he has made voted the creation while providing all the necessary means".

On November 5, 2007, Denis Merville, former deputy of the UMP (Union pour un Mouvement Populaire), mayor of Sainneville-sur-Seine and General Councilor of Seine-Maritime, 60 year old, has been appointed National Mediator of Energy. But right after, his nomination has been contested by 13 Consumer Organizations.

[edit] Mission

The Mediator is responsible for recommending solutions from disputes between consumers and suppliers of electricity or natural gas.

Appointed for six years, the mediator can be "directly and freely seized by the consumer or his representative". He reports his activity "in front of the Parliament's committees which are responsible for energy consumption, at their request", specifies the official text that has been adopted on November 8 by the Parliament after a review of over 120 hours.

[edit] Jurisdiction and Referral

The appeal system is restrictive and looks more like an appeal to a conciliator than like the intervention of a mediator.

  • Dispute with a supplier regarding the execution of a contract: sending a registered letter with acknowledgment of receipt to the address that necessary appears to the invoice.

If the dispute is not yet resolved within a two-month period from the sending of the registered letter with acknowledgment of receipt addressed to the supplier, and if the dispute concerns the execution of the contract, the consumer has two months to appeal to the National Mediator of Energy. After this deadline, the referral is no more admissible. The mediator has two months to formulate his recommendation.

Recourse to the Court remains possible, as well as the recourse to the Departmental Department of Competition, Consumption and Repression of Frauds.

[edit] Mediators

  • Jean-Claude Lenoir, appointed to this function, has been the rapporteur for the National Assembly: reelected as deputy, he has relinquished this function six months later, in November 2007.
  • On November 14, 2007, Denis Merville, former deputy of the UMP, mayor of Sainneville-sur-Seine and General Councilor of Seine-Maritime, 60 year old, has been appointed National Mediator of Energy.

[edit] Internal Link

Order of March 14, 2007 appointing the National Mediator of Energy

[edit] Contact

Médiateur national de l’énergie Libre réponse n°59252 75443 PARIS cedex 09 - France

[edit] Notes and References

[edit] External Links

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