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Joint Committee on Infrastructure and National Development Plan Delivery

Delivering High-Quality National Infrastructure: Commission for Regulation of Utilities

Summary

The CRU set out its role in regulating energy and water services, protecting consumers, and supporting major infrastructure needed for the climate and energy transition. It highlighted upcoming decisions on PR6 and RC4, large energy user connections, offshore wind, biomethane and water investment, alongside stronger performance reporting and delivery tracking for network operators. Members pressed the CRU on rising bills, arrears, water charges and the pace of decisions; the CRU said retail prices are not set by it, affordability support should be more targeted, and it is aiming to publish several major decisions within the next fortnight or before Christmas. It also said staff numbers have risen sharply but further resources may still be needed, possibly up to roughly double current levels if new functions are added.

Sean Fleming An Cathaoirleach Fianna Fáil

The purpose of the meeting is to discuss the role of the Commission for Regulation of Utilities, CRU, in relation to supporting the delivery of high-quality national infrastructure, including those projects set out in the national development plan. I am pleased to welcome from the Commission for Regulation of Utilities: Mr. Jim Gannon, commissioner and chairperson, Mr. Fergal Mulligan, commissioner, Dr. Karen Kavanagh, director of networks and economic regulation, Ms Karen Trant, director of customer policy and protection, and Dr. Phil Hemmingway, director of decarbonisation.

Witnesses are reminded of the long-standing parliamentary practice that they should not criticise nor make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

I remind members they will be afforded a six-minute speaking slot for questions and answers, with a second chance to contribute if they so wish.

I now invite Mr. Jim Gannon to make the opening statement for the Commission for Regulation of Utilities.

Comment on this
Mr. Jim Gannon

I thank the committee for inviting us today. As this is a new Dáil session and the first time that the CRU has appeared before this committee, I would like to note how much we value this engagement and the opportunity to brief members on our work. Given the notice to prepare for this meeting, we are focusing on the topics asked by the committee but are happy to answer questions in other areas where possible. We also look forward to future engagements on specific topics where we will be more than happy to provide deep dives for the committee should they come up. I would also refer members to the briefing note we prepared in support of the opening statement and to our strategic plan for 2025 to 2027, which provides more general background information on the work and priorities of the CRU.

The CRU plays a vital role in shaping Ireland's response to the climate challenge and ensuring that essential energy and water services are delivered efficiently and safely and in the interest of the public. The CRU is Ireland's independent energy, energy safety and water regulator. We actively serve the public interest by regulating the provision of these services to Irish homes and businesses. As such our work impacts every Irish home, business and citizen. We strive to ensure safe, secure and sustainable energy and water supplies for all.

The CRU's role in energy is to maintain security of supply, ensure efficient network delivery and promote competition and innovation in the generation and supply of electricity and supply of natural gas. As part of this role, the CRU jointly regulates the all-island wholesale single electricity market, the SEM, with its counterpart in Northern Ireland, the Utility Regulator. The principal objective of the single electricity market committee is to protect the interests of consumers of electricity wherever appropriate by promoting effective competition between persons engaged in, or in commercial activities connected with, the sale or purchase of electricity through the single electricity market.

Protecting public safety and the prevention of major accidents in Ireland's energy sector is also a role assigned to the CRU. This extends from upstream oil and gas activities, through to the delivery of the registered gas installer and registered electrical contractor programmes. Members might be aware of the recent fire at George's Dock in the IFSC. This is the type of incident that the CRU is responsible for investigating with other relevant authorities.

As an economic regulator for public water and wastewater services, the CRU sets targets and monitors the performance of Uisce Éireann in delivering services and investment in infrastructure in a cost-efficient manner.

We are integral to facilitating Ireland's climate transition and shaping the regulatory landscape to support Ireland's energy and water infrastructure delivery, security and decarbonisation targets.

The CRU and our staff are proud of its work and impact to date. Some recent highlights this particular committee may be interested in include: the publication of a draft determination on the price review 6, PR6, framework that will underpin a record investment of up to €19 billion in Ireland's electricity infrastructure from 2026 to 2030 with a final determination due in coming weeks; the introduction of new regulatory decisions to support hybrid electricity connection projects and continued progress in this area; upcoming publication of decision on a new electricity connection policy for large energy users, data centres, providing a pathway for connections to the Irish electricity system; key regulatory decisions on the Greenlink interconnector revenue process and initial assessment of the proposed Mares interconnector; various regulatory decisions on grid connection and charging for offshore wind, including - critically - the addition of a route to grid for projects that were unsuccessful in obtaining support in Ireland's first offshore support auction, providing them with a route to market and route to development; setting the foundations for Ireland's future offshore price controls and incentives for the delivery of infrastructure to develop a more resilient electricity system; publication of a draft determination on the revenue control 4 framework that will underpin a record investment of up to €13.6 billion in Ireland's water and wastewater infrastructure from 2025 to 2029; and publication of a consultation on a review of the biomethane grid connection policy to support the development of Ireland's biomethane sector while maintaining appropriate protections for consumers and aligning with national decarbonisation targets.

In an increasingly complex global and national environment, the challenges and importance of our work are increasing. The regulatory frameworks required for the integration of both offshore and onshore renewable generation are significant, as are the ongoing infrastructure development requirements in the electricity, gas and water networks, as well as increased needs in our energy safety mandate.

To meet these needs, the CRU has grown its resources and headcount in the last two years from 113 to 186. We are transforming as an organisation to better deliver and empower consumers, support policy development, support infrastructure delivery and private sector investment and deliver effective regulation but we are severely constrained in terms of capacity and capability. We are in ongoing dialogue with Departments to address this challenge and significantly expand our workforce to meet the growing needs of society and the environment in which we operate.

We look forward to continuing to work closely with the Government and of course this committee to achieve our collective ambitions for economic growth, the climate transition and the protection of consumers.

This concludes our opening statement; we are happy to take questions.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

I thank Mr. Gannon for his opening statement. Before I got to the Vice Chair, Deputy Neville, I want to put two points on the record. Today, the Government published its accelerating infrastructure report or action plan. We will not discuss that in detail. Mr. Gannon may not have had an opportunity to fully review it yet as it was only launched today. The committee will come back to that very soon.

Second, I thank Mr. Gannon for his role as a regulator. I just want to make a comment about the issue of regulators. We look forward to seeing what is in this document about regulators. I saw information published very recently that in 1920, approximately 100 years ago, we had 25 regulators in Ireland covering everything. Seventy years after that, by 1990, we had about 50 regulators. Today we have 100 regulators. All are independent. All have their own strategy and statement of strategy. All are with their own brief. It might be a theme in this document of how all the regulators work together. Obviously everyone is independent but many projects involve different regulators. That is something that the committee is interested in its work. It is not specifically because the CRU is here today but as part of our work we are considering the individual 100 regulators out there today. Obviously they do valuable work but is there any way of co-ordinating some of this activity with their Departments because they are all under some Department somewhere along the line? The comment I am making about the number of regulators is that it is part of the problem, as far as I am concerned but it is not specifically directed at the CRU - it just happens to be here today when this document came out. I am just putting that comment on the record for us as a committee to consider carefully in our work over the coming year in relation to the number of regulators and how they help, improve, possibly delay or do not improve the infrastructure development and operations of the various utilities.

Comment on this

I will ask quick questions and I might be jumping across. It is not that I am being rude. It is just that I want to get as much information as quickly as possible on the individual topics because I want to learn myself.

Will Mr. Gannon highlight CRU’s role in setting prices for domestic users in Ireland?

Comment on this
Mr. Jim Gannon

In line with European policy, Ireland has a deregulated retail market for electricity and gas. The CRU does not set the price that retail suppliers would set, however, there are component parts of the bill that we do regulate. For example, with the networks component that drives some prices, we set annual tariffs that are then passed on to suppliers that are then passed on to consumers. That is one part of the bill. Another part of the bill is the PSO levy that supports renewables development that the Government provides for renewable electricity generators. We review what the level of that should be on an annual basis. That is another piece on top.

Comment on this

How much of an average current bill would CRU set as a percentage?

Comment on this
Mr. Jim Gannon

It is about 30% for the network tariffs.

Comment on this

Which utilities is that for?

Comment on this
Mr. Jim Gannon

That would be for electricity, for example.

Comment on this

When were those prices last increased?

Comment on this
Mr. Jim Gannon

We review those network tariffs annually. It is usually in September or October.

Comment on this

Will there be increases for 2026? Is it annual? Do the tariffs apply from January to December?

Comment on this
Mr. Jim Gannon

It is annual but they kick in on 1 October. Dr. Kavanagh might want to speak to the process.

Comment on this
Dr. Karen Kavanagh

We set the network charges annually from 1 October to 30 September. They would have come in last October.

Comment on this

That is for electricity and gas.

Comment on this
Dr. Karen Kavanagh

It is for both electricity and gas.

Comment on this

They come in at the same time.

Comment on this
Dr. Karen Kavanagh

The new tariff year for both commences on 1 October. The PSO levy also comes into play at that time. They are passed on to suppliers and it is then up to suppliers to decide how those costs are passed on.

Comment on this

That sits on top of the wholesale cost, which fluctuates. I just wanted to clarify that.

Comment on this
Mr. Jim Gannon

There is one point that might be useful for the future. We are currently working on a breakdown of the different components that drive consumer bills that are regulated and not regulated. We would be happy to share that work with the committee when it is completed.

Comment on this

There can sometimes be a lack of clarity. Sometimes we hear about gas prices in Ireland being significantly higher than in other countries. Is it the wholesale element or the fixed element that is driving that?

Comment on this
Ms Karen Trant

Taking the wholesale element, gas is still the predominant fuel source. It is not produced in Ireland. It is produced elsewhere. We are connected to the UK. We are a price taker. We do not set the price of gas. It is traded on the-----

Comment on this

I have heard that it is because our infrastructure is out of date. Is that correct? I have heard there are higher costs because our infrastructure is old.

Comment on this
Dr. Karen Kavanagh

Is the Deputy talking about the gas network?

Comment on this
Dr. Karen Kavanagh

We actually have a fairly modern gas network but we are at the end of the pipe, which is a problem. As Ms Trant has said, we are a price taker in relation to paying for the commodity of gas.

Comment on this

Dr. Kavanagh is happy that no upgrade of the gas network in Ireland would reduce the price and that it is not an infrastructure issue. The cost does not relate to that.

Comment on this
Dr. Karen Kavanagh

No, we have a fairly modern network.

Comment on this
Mr. Jim Gannon

A very limited number of significant upgrades are required. In the past, we have spoken about our network costs to serve the public in comparison with other jurisdictions. In Ireland, per capita, we have about four times as many wires serving our public than would be the case in many other countries because of our dispersed settlement pattern. The Deputy would have heard about that.

Comment on this

It is about density in individual areas.

Comment on this
Mr. Jim Gannon

Yes, that contributes to the issue.

Comment on this

There is one thing I was wondering about. Commercial water prices are increasing next year, are they not? That has been set.

Comment on this
Dr. Karen Kavanagh

That is correct. We issued a decision earlier. From 1 October-----

Comment on this

It is 10% or 11%.

Comment on this
Dr. Karen Kavanagh

It is 9.8%. That is in line with the increased investment Uisce Éireann is making in the network.

Comment on this

For clarity, do commercial users get charged twice? Water goes in and water goes out. Do they get charged twice for that or how does it work?

Comment on this
Dr. Karen Kavanagh

Domestic customers in Ireland obviously do not get charged. We set the charges for non-domestic users under our water charges plan. They are charged for a water service and for a wastewater service.

Comment on this

How do you know what goes in through the meter?

Comment on this
Dr. Karen Kavanagh

It is water in and water out.

Comment on this

What happens if a business does not have water going out? I use the example of a brewery. That will take in water but it will use it so it is not going out. Would it get a credit for that?

Comment on this
Mr. Fergal Mulligan

There is always wastewater.

Comment on this

I know but it would not be to the same extent.

Comment on this
Mr. Fergal Mulligan

Businesses are still charged by the meter.

Comment on this

That is what I am saying. You get charged based on what is going in but the same amount is not going out.

Comment on this
Mr. Fergal Mulligan

It is by litre. Litres go in and litres come out. Businesses are charged on that basis.

Comment on this

They do not go out the pipe, however. They go out in a van. You might be using it for a product. I am just using that as an example.

Comment on this
Mr. Jim Gannon

The Deputy is talking about metering at the front end versus metering at the back end.

Comment on this

Yes. It is not metered at the back end. It is based on an assumption.

Comment on this
Dr. Karen Kavanagh

There is not double-charging. We can come back to the Deputy with specifics on the charging plan and how charges are levied on particular customers.

Comment on this

I was just wondering about it. I know I am jumping around a good bit but how many staff does the CRU have?

Comment on this
Mr. Jim Gannon

We have 187 staff members.

Comment on this

That has increased rapidly, has it not?

Comment on this
Mr. Jim Gannon

It has increased from 113 over the past two years.

Comment on this

I am sorry; from 130, what has it increased to?

Comment on this
Mr. Jim Gannon

It has increased from 113 to 187.

Comment on this

That is an increase of about 65%.

Comment on this
Mr. Jim Gannon

Yes.

Comment on this

What is the rationale for that?

Comment on this
Mr. Jim Gannon

The rationale for that was the taking on of new functions and roles and responding to the requirements of European regulations, to the expansion of Government schemes relating to renewable electricity and to the expansion in PR5 and PC5 of the electricity and gas networks. We can provide a breakdown. We provided significant justification for all of those staff and teams in our resource requirement ask, which preceded that growth by about two years. We can provide significant detail on that, if required.

Comment on this

It would be great if the CRU could do so. I am conscious of my time. I can come back in afterwards.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

For the information of those here, the speaking sequence will be Deputy Clendennen, Senator Cathal Byrne, Deputy Peadar Tóibín, who has stepped out, Deputy Tony McCormack, Deputy Conor Sheehan and Deputy Louis O'Hara. That is the sequence I have here.

Comment on this

I will pick up on the issue of water charges. The justification for the 9% increase is that it is in line with the level of increased investment in our water infrastructure. Is that correct? As a result of the Government having committed to multi-annual funding of billions of euro, we are going to see continuous increases for businesses.

Comment on this
Mr. Fergal Mulligan

The Exchequer funding to Uisce Éireann and the charges to non-domestic users reflect a huge extra investment. Over the last five years-----

Comment on this

We are penalising businesses for investment in our infrastructure.

Comment on this
Mr. Fergal Mulligan

The way the model works across all of these utilities is that people pay-----

Comment on this

What was the justification?

Comment on this
Mr. Fergal Mulligan

The justification was the increased capital costs and operating costs of upgrading the networks.

Comment on this

If I am a business owner, I am still getting the same water through my door. Did all of this extend capacity?

Comment on this
Mr. Fergal Mulligan

In many situations, the quality of service has been improved. The network requires further investment. As we know, with all of these utilities-----

Comment on this

Are we investing in infrastructure to enhance it rather than to extend and increase it?

Comment on this
Mr. Fergal Mulligan

It is about extending it, upgrading it and replacing old pipes that have been there for the last 100 years. It is all about all of those things.

Comment on this

For argument's sake, if we are increasing our investment in water infrastructure by 40% over the coming years, would it be the CRU's objective to increase commercial rates for water in line with that?

Comment on this
Mr. Fergal Mulligan

It is certainly not our objective but the reality is-----

Comment on this

That is what it is looking at in terms of profit.

Comment on this
Mr. Fergal Mulligan

As my colleague has said, European rules require money to be recovered from non-domestic users based on the actual cost of providing the service. The cost of providing water and wastewater services is increasing by virtue of the increased costs of running the networks and the extra capital costs involved in bringing the network up to the standard businesses require. That is what is driving it.

Comment on this

On the other side, the domestic side, there is still leakage ongoing. Does Mr. Mulligan have any thoughts on what we should be doing on that?

Comment on this
Mr. Fergal Mulligan

Last week, we published our draft decision on the next five years' investment, an investment of up to €16 billion. This is an unprecedented investment that Uisce Éireann must undertake to address those leakages the Deputy has mentioned, the old network we have and the expansion of the network to serve new homes and everything else.

Comment on this

I am conscious that there are a few different reports here. When will all of these be finalised? They are in draft stage. What is the timeline for each of the different reports the CRU is expected to complete?

Comment on this
Mr. Jim Gannon

We have published the draft determination on revenue control 4, that is the Uisce Éireann report.

Comment on this

That is the draft. Is there a final publication?

Comment on this
Mr. Jim Gannon

There will be a final determination next year after a consultation. This is the opening of a consultation.

Comment on this

How long does the average report take from day one to final publication?

Comment on this
Mr. Jim Gannon

It can be quite different for different decisions we make. In some cases, a report could take a couple of months to prepare. We would then consult for four to six weeks and finalise it.

Comment on this

Let me take the example-----

Comment on this
Mr. Jim Gannon

For something like a revenue control, which sets a five-year profile in the teens of billions, or price review 6, it would take 18 months or perhaps more to work on the detail of the submissions with the network operators, Uisce Éireann or others, to get through the process and to ensure competitive delivery of infrastructure as best as we possibly can.

Comment on this

Looking at the large energy users, PR6 and so on, we are looking for final publication to give certainty so that we can deliver but the CRU keeps pushing out deadlines. How are we going to ensure deadlines stick so that we can give certainty?

Comment on this
Mr. Jim Gannon

We expect to publish PR6 in the next two-week period. With regard to connections for large energy users, we hope to publish that document imminently.

Comment on this

I am sorry. When will it be published?

Comment on this
Mr. Jim Gannon

It will be published imminently. We expect to publish it-----

Comment on this

We were expecting that in the autumn. I raised this with the Taoiseach in the Chamber and I was told that resources were required. What does "imminent" actually mean?

Comment on this
Mr. Jim Gannon

"Imminent" means in the next two-week period. Before Christmas we expect to be publishing the large energy users connections decision.

Comment on this

Okay. The CRU will be busy over the next couple of weeks.

Comment on this
Mr. Jim Gannon

We have been very busy for the past couple of years.

Comment on this

Okay, good. On PR6 in relation to the roll-out of upgrade and development, the CRU is reliant on ESB Networks and EirGrid to work with it. We hear a lot about the €19 billion, but we never hear about the number of cables or the length of cables or the capacity of houses or new users or whatever else. We get caught up in the money side of things. How do we ensure we are getting a bang for our buck here - performance-related pay, almost - from the likes of EirGrid or whoever will be delivering this grid? Do our mainland stakeholders, like Bord na Móna, have any role here? I gave the example last week of the pipeline from the mid-west to Dublin. Should we be looking at that as a potential services utility corridor?

Comment on this
Mr. Jim Gannon

It is very important for us that when we produce price controls or price reviews on these five-year timelines, we talk about the investment but not just about the numbers. We talk about the outcomes, the kilometres, the wastewater treatment plants, the water pipelines and the leakage reduction. I will pass to my colleagues, Mr. Mulligan and Dr. Kavanagh, to describe that in a little more detail.

Comment on this
Dr. Karen Kavanagh

As we do our revenue control, part of the reason it takes so long is because it is not just the cost assessment, where we look at historical costs and the forward costs; we are also looking at setting the regulatory framework. For PR6, there are four components. The first one is looking at how we manage uncertainty throughout the period. We have our reporting framework. We have our performance incentives, where we look at particular areas that we focus the company's attentions on and at delivering specific customer outcomes. Then we have the reporting structures as well. This package, which we call the agile investment and monitoring framework, is how we hold companies to account over the period. Particularly in terms of managing uncertainty through the PR6 period, we are looking at setting a baseline for allowances. Over that period we will allow the company to request re-openers, as they deliver and as they spend the money on certain aspects. On other aspects, things like housing, we will have mechanistic drivers, so the money will ratchet up in terms of the volume of delivery. We also have an enhanced reporting framework and monitoring for PR6. We have identified things like 36 delivery obligations. We have identified 29 priority transmission projects where we will have quarterly reporting on each of them along with some of the other key metrics. We will also have annual reporting. Some of this will feed into our incentive framework, where we have financial penalties and incentives for the companies, EirGrid and ESB Networks, as I said, on a range of key metrics. They are the ones that really matter to customers. In terms of customer satisfaction and reliability, we will report on all of those annually.

For PR6, we are also proposing to have a dashboard where we will pick key metrics for specific things that are of particular importance to customers, stakeholders and policy makers and we can give regular updates on all of those. For RC4 on the water side, we have a performance assessment framework at the moment but we are also looking at enhanced reporting around that. This would provide additional metrics around security of supply and additional reporting and also a dashboard. We are also in consultation on that. We would encourage any feedback on what is useful and meaningful reporting on some of those projects.

Comment on this
Mr. Fergal Mulligan

On the Deputy's question on where the €19 billion is going, we will in our report publish all the detail of what it has been invested in. This will include the upgrading of substations, the number of poles being replaced around the country and the winter resilience plan in the west of Ireland, which will mean a spend of between €500 million and €600 million on forestry work. We are going to publish all the detail about all the transmission network cables that are going to be built in Dublin, Cork and Limerick. All of this detail will be in our report, which will be published before Christmas, so that everybody knows exactly what is being done. Between them, EirGrid and the ESB are managing about 570 projects over the next five to ten years. This includes projects that are currently halfway through the project delivery stage, projects that have not yet started and projects that are coming to an end. In our PR6 documents, we have outlined all of those. There are 29 huge projects. Of the 570 projects, 29 of them make up probably 60% of the capital cost. As Dr. Kavanagh was saying, we monitor them every quarter with ESB Networks and EirGrid. Under PR6, people will be glad to know that our reporting framework will have a much more detailed reporting framework on delivery, which will address questions about project schedules and if a plan changes, why it is changing. We will bring that to all the respective stakeholders, who are going to be heavily engaged with the Departments, including the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation. The guidelines are about the transparency of delivery of these projects by our utility companies. As regulator, we are now playing a massive role in getting the quarterly information from these utilities on what they said they would deliver for the money they are getting from consumers, business and the Exchequer, in the case of Uisce Éireann. Holding them to account on delivery is a huge part of our role as regulator. This information will be published regularly and annually so that people and the Oireachtas Members can see if they have delivered as they promised they would.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Deputy Conor Sheehan is next.

Comment on this

Deputy O'Hara is before me, Chair.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Okay, sorry. Deputy O'Hara is next.

Comment on this

The energy regulator plays a very important role in ensuring that suppliers are playing by the rules so that households are protected. We have recent trends that would cause a lot of concern for people, such as 300,000 households in arrears on their electricity bills, so there is clearly an issue with affordability. The Government's recent decision to remove the energy credits is going to place a lot of pressure on these households. Does the CRU have a view on this?

Comment on this
Mr. Jim Gannon

I will begin in response to the final part of the question and pass over to my colleague, Ms Trant. The energy credits were brought in at a time of crisis and we think they were an appropriate and proportionate response at the time. As time has gone on, we have stated in previous joint Oireachtas committees that the type of support that may be required on a more ongoing basis is something more targeted. There are possibly various means by which this could be done.

Comment on this

Did the CRU provide analysis to the Department in relation to that in advance of the budget?

Comment on this
Mr. Jim Gannon

No, our role in the energy credits was to act as the administrator to assure and ensure that ESB Networks provided the credit through suppliers and that the money was transacted back to the Department.

Comment on this

Okay, I might move on because I am short on time. A recent report by the International Energy Agency found that residential electricity prices in Ireland are three times higher than the wholesale cost. I understand that the electricity and gas suppliers have hedging strategies, where they purchase electricity and gas supplies for periods of time in advance and the aim then is to smooth out price spikes and dips in the wholesale market. With households facing repeated price increases, there are legitimate questions to be answered about what role the energy regulator is playing to ensure there is no price-gouging. I am interested in understanding what role the CRU plays in auditing the hedging strategies of energy suppliers.

Comment on this
Mr. Jim Gannon

I am happy to pass to my colleague, Ms Trant, on that.

Comment on this
Ms Karen Trant

If I take the hedging strategy piece first, currently we can ask any supplier to provide information under their licence. In the past, when we looked at the hedging strategies they were employing, we found that some of the four biggest suppliers during the crisis did provide that highly commercially sensitive information, but they were willing to do that. We issued a report to the Minister on foot of that analysis. At that point, there was a lack of understanding of how the hedging strategies were working and why the wholesale price and the drop in the wholesale gas price was not feeding through to retail prices quickly. That is because the suppliers here take a prudent approach to profiling their customer base, and that is, they engage in hedging strategies to smooth out volatility in the market and the fact is we do have a peaky market. The hedging strategies smooth out the volatility - it is a forwards contract - so there is a lag before the customer will see the reduction in the retail price.

Comment on this

People are seeing repeated price increases over a sustained period of time. Ultimately, is this being passed on to the customer?

Comment on this
Ms Karen Trant

Yes it is. I do not think there is price-gouging. I have heard that allegation on a number of occasions but there is no evidence for us as a regulator to indicate that. We have carried out investigations - let us call them that - into those. In 2017 we carried out a review of competition in the market to see that it was adding value for customers. The market had been liberalised in 2010 or 2011.

We are now going to repeat that exercise and we are going to look at the structures. We will look at the retail market to see if it is offering competition and delivering for customers. The other part of that is around supplier costs. Going back to 2017, the supplier retail part of that bill was somewhere in the region of 9%. We will see what that make-up is in 2016. I do not believe there is price-gouging.

Comment on this

The opening statement indicated that under the PR6 determination, domestic customers are going to see an increase in the network charge component of their bills. The same network charges for data centres and other large energy users are to decrease. What is that rationale behind this decision? Is it the case that the CRU is following Government policy to give preferential treatment to data centres and other large energy users over domestic customers?

Comment on this
Dr. Karen Kavanagh

No, there is no policy. In terms of how we allocate costs for domestic and non-domestic customers, there is no disparity in terms of the treatment. The costs are allocated based on a methodology which is more than 20 years old and is due to be reviewed. In terms of PR6, at the time we were estimating that for domestic customers it was approximately €30 over the five years of PR6. The reason large energy users were seeing a much smaller increase and, in some cases, a decrease is the way in which large energy users are exposed to transmission tariffs. They are largely collected as a transmission network. Because of the security of supply costs incurred over the cost of PR5, they saw a much bigger increase in their costs over PR5, approximately 175% over the period, compared with domestic customers, who saw an increase of about 45% in the same period.

Comment on this

In the context of 300,000 households being in arrears on their bills, would Dr. Kavanagh not agree that households cannot take any more at this stage?

Comment on this
Dr. Karen Kavanagh

We are acutely conscious of the impact that any increase on households would have in terms of this investment. As such, through our PR6 process, we try to minimise the costs that are passed through to customers. We challenge the network companies to ensure that only those costs that are absolutely justified and efficient are included into the tariffs. We also ensure that we are setting a baseline for PR6 so that only as costs are incurred are they allowed through to the tariffs. This is to ensure that we are not front-loading costs on customers.

Comment on this
Mr. Jim Gannon

As I mentioned, in line with European policy and as a liberalised electricity market for retail, within that our mandate is to examine consumer protection and, separately, to examine and regulate competition in the market. In terms of affordability, which is the final cost to consumers, yes, we regulate the network tariffs and try to ensure efficient delivery of the infrastructure that is required to serve national policy. In terms of affordability, which is a slightly separate question but still very material to our role, we have supported and will continue to support the Government's national energy affordability task force. The first draft report has come out in the last couple of months. We have tasks under that which we are progressing with the Government. We will continue to work with the Department and other Departments in that role.

Comment on this

On large energy users, when is the new connection policy going to be published?

Comment on this
Dr. Phil Hemmingway

We intend to publish the final decision within the next fortnight.

Comment on this

I assume it will be enacted very quickly after that.

Comment on this
Dr. Phil Hemmingway

Policy decisions published by the CRU come into force immediately.

Comment on this

On the CRU's climate action plan, why does it not consider energy affordability?

Comment on this
Mr. Jim Gannon

For the actions that are set out for us in the Government's climate action plan, which is updated every year, we would act on those actions. We are subject to the climate Act and we should continue in our role, regulation tasks and regulatory vires in alignment with the climate Act. Separately, in terms of renewable electricity, we have a direct mandate in our own Act to serve the promotion of renewable electricity. In terms of the climate action plan, we do not have a role there for affordability, nor in our own Act do we have a direct role with regard to affordability. Notwithstanding that, we do have a role in respect of competitiveness and competition in the market, ensuring efficient delivery of infrastructure to minimise the cost while still serving the policy goal and, separately, protecting consumers such as bringing out the measures we did in advance of this winter.

Comment on this

In light of the Government's new infrastructure plan, which was published today, has the CRU got an adequate multi-annual funding settlement from the Government to get it through to 2030? What does that look like? We have had an abundance of witnesses before us in recent months and the lack of multi-annual funding settlement has come up frequently. Could Mr. Gannon comment on that?

Comment on this
Mr. Jim Gannon

In terms of the infrastructure task force report, we have not had the time to review it but we will be reviewing it. We are very happy to do anything that facilitates more efficient delivery of infrastructure. We have a number of examples where we have streamlined ourselves and our processes over recent years to provide quicker delivery of infrastructure where we can. In terms of funding, the CRU is levy-funded. We receive our funding not from the Government, not from the Exchequer itself, but through a levy that is brought back in from suppliers and network operators. Where we do interact with the Government is on our headcount in terms of staffing.

Comment on this

The staffing complement has grown and I think it is at 187 now. Is the CRU adequately staffed or is there still a staffing shortfall?

Comment on this
Mr. Jim Gannon

The increase in staffing that we experienced over the last years was in line with our strategic plan and the demands of policy up to that point in time. We are now on a new strategic plan. We have had additional functions, additional vires added to our brief. We have new regulations from Europe, a significantly expanded wholesale market, offshore wind and safety remit and so across all of our existing directorates and divisions, our workload has increased. Separately and in addition to that, new tasks, new vires and responsibilities as competent authority have been added or are proposed to be added to our brief. In terms of the coming couple of years, we find ourselves under capacity to serve those policy needs. We are in dialogue with Government Departments about serving those new policy functions and legislative requirements.

Comment on this

Would Mr. Gannon be able to put a figure on the additional staffing complement he would need?

Comment on this
Mr. Jim Gannon

We are still engaging in dialogue with the Government Departments but it would be a significant increase on our existing staffing.

Comment on this

What does significant mean? Does that mean 100 more, double what the CRU has at the moment or what?

Comment on this
Mr. Jim Gannon

In the order of double what we have now, depending on what does come through on additional functions and requirements of the CRU.

Comment on this

Some of my colleagues mentioned domestic energy users and the issue of alleged price-gouging in particular. As a regulator, does the CRU have adequate enforcement powers?

Comment on this
Ms Karen Trant

Our powers extend to compliance and enforcement. Suppliers have to adhere to their licence obligations under that. If we find there have been breaches of that licence, we can take action. Under legislation we have the ability to fine suppliers up to a certain percentage of turnover, including the network companies, which is new for the CRU. In terms of the price-gouging piece, we would carry out an investigation. We have the ability to go in under authorised officers to do early morning raids if necessary. We have found in dealing with suppliers that they are willing to give over the information and we can investigate.

We have carried out two in the past five years, which have proved nothing untoward but we will continue to do that and we continue to monitor that.

Comment on this

Is that because of hedging?

Comment on this
Ms Karen Trant

It was a question when we were in the middle of the crisis as to why that volatility - that drop in the gas wholesale price - was not feeding through into the retail price and that was because there were forward contracts if you like, that hedging piece.

Comment on this

The issue, from what I have heard from both businesses and consumers, is that when the wholesale price gas goes up, their energy costs go up very quickly. However, when the gas price drops, it does not drop as quickly, if that makes sense.

Comment on this
Mr. Jim Gannon

I am happy to come on this. In the latter stages of the recent crisis, after Russia invaded Ukraine, we produced a report at the request of the Minister, which we also published openly, and issued to the Oireachtas Joint Committee on Environment and Climate Action. This showed how hedging occurred during that period and how it protected the consumer from the initial price spikes. It also showed how, when that flowed through to the retail side, the decline happened equally in a smooth manner. What would be helpful is if we offer to circulate that report to this committee and then engage in more detailed discussion-----

Comment on this

I am aware of that report. It sounds it sounds very familiar.

Comment on this
Mr. Jim Gannon

It would do. We will recirculate it and make sure it is there, and perhaps we could draw attention to that particular paradox. What Ms Trant said is quite important, in that in our work plan for 2026, we have two key activities. One of those key activities is to perform a competition review of the retail market and a competitiveness review to ensure there is efficient competition in the market and an efficient pass-through of costs from suppliers.

Comment on this

Does Mr. Gannon think that electricity suppliers should be mandated, as they are in the UK, to offer everybody the best possible or minimum tariff? Should they be obligated to offer the cheapest tariff possible, as I understand they are in the UK and not here?

Comment on this
Mr. Jim Gannon

I will come back to that in one second. The second work plan task we will be performing next year is issuing a call for evidence, and this is to look more explicitly at arrears and debt with consumers and how we address and understand that, and how transparently we report it. Separately, we will examine how offers are made in the market to consumers to make sure they are transparent and clear, and consumers can really shop around for the most effective price. There are two specific actions tackling this in the work plan for 2026 that will result in transparent reports being published. We will be have to come back to the Deputy on those.

In terms of the price cap approach, which is taken in the UK, that is not a regulated price where they literally set the tariff for consumers; it is that a cap has been introduced. The experience in the UK was mixed on that during the crisis where a number of suppliers went out of business. A supplier of last resort mechanism had to be brought in, and the cost of those supply companies going out of business because they were capped at how much they could recover from consumers, resulted in their failure. That then resulted in the costs of those failures and transfer of consumers being spread around to other consumers. With each intervention like that there are pros but also cons. Some of the cons of the price cap approach were experienced in the UK and very clearly so during the crisis, when significant challenges were experienced.

Comment on this

Good afternoon everybody. I am being totally opportunistic, as I say whenever I get the Cathaoirleach’s indulgence to participate. I am not a member of the committee but I saw the commission was on the schedule and I have a couple of couple of quick questions. I thank the Cathaoirleach for always letting me in. I will go in reverse order.

In relation to the commission's work plan for 2026 and the call for evidence of debt, pardon my ignorance of the intricacies of the legislation that underpins the commission's agency, but in terms of anecdotal evidence and discussion in the Dáil Chamber and constituents’ lived experience of debt and rising prices, how quickly can it pivot? Is it bound to a legislative-based timetable for its work plan, or is it resource-dependent? We can tell our witnesses around the table that there is an experience but it is in the commission's work plan for 2026. Can things move more expeditiously in that regard?

Comment on this
Ms Karen Trant

I thank the Deputy. Yes, in that we have based our current business plan on the resources we have now, rather than future resources if we get them. We will work as quickly as we can on that piece of work. The plan is to get something out early in the new year. We are looking at a number of areas within that call for evidence and to hear from all of our stakeholders. We engage with the Society of St. Vincent de Paul and the Money Advice & Budgeting Service, MABS, and the other NGOs, but this is about how best we can engage customers who are in distress to engage with their suppliers and to enter into repayment plans. We see there is an anomaly there. There are high arrears but very low numbers in repayment plans with suppliers. We do not know what is causing that. It could well be that customers are entering into repayment plans that are not sustainable or reflective of their income. They may be slightly panicked because of the threat of disconnection. We do not know, I am surmising, but that is all to come from the call for evidence, and we want to hear all of that. I do not think it is unique. The UK is dealing with significant levels of arrears.

On that point, we have heard the figure of 300,000 electricity customers in arrears. We gathered that information as a regulator to understand competition on the market. When suppliers are carrying that level of debt, it is a cost overall to all electricity consumers. From the Department's point of view, it is trying to look at customers who are in distress. I will not use the word “vulnerable” because it has a particular legal definition, but customers in arrears and in distress. That 300,000 figure includes customers who could be in debt for €10 and who may have missed their last bill for no particular reason. What we are trying to do is narrow that down and give that information a more granular use. Therefore, we are looking at more than 90 days, which reduces that figure of 300,000 down to 180,000 electricity customers and reduces the number of gas customers. That is more meaningful. It means that targeted approach is potentially achievable if we are able to look at those who are in continued arrears and distress. That is where we are going. That is the direction of travel. We have said it in the past, that one-for-all - I use that term very loosely but that sort of non-targeted approach – is really not ideal and it means that those who really do need it are potentially missed in the longer term.

Comment on this
Mr. Jim Gannon

As to Deputy Toole’s first point, when we go out for a call for evidence, sometimes we will pick up on actions that we can take in the short term. We have shown in the past that, let us say for infrastructure development and delivery for hybrid projects, which is where renewable generation and batteries can use the same infrastructure far more efficiently, effectively and cheaply for consumers and make a better business case, instead of waiting until we had done the full programme of work to make all three decisions, we have said the first part of this is far more important to do quickly. In our first call for evidence of effort around that, we said it is more important to make this change quickly and parallel than wait for the full programme to come through. Where we find things that we can act on more quickly, we will not wait until the final end-point of all of that scope of work, to do it all. If we think we can do something quickly that will have an impact for consumers, we will do that and we will be agile and will respond to that. Again, that is to provide more efficiency and more agile regulation and to hit the important things as quickly as we can. I wanted to say that out loud.

Comment on this

We probably can help with encouraging people to engage with the providers for the provision of a payment plan. In the remaining few seconds, if I may, does the commission have any jurisdiction, oversight or otherwise on the renewable market and the selling on at the different stages that can occur? For example, I am in County Meath, which has very high-density solar farm planning applications. I believe we have seven out of the nine that are active in the country. What I have noticed is a trend, which will have an impact on pricing ultimately. Correct me if I am wrong but where planning permission is granted, the entity may be sold. If it is successful at the auction, there may be another sale and I am fearful that this type of behaviour that I have witnessed may be contributing to elevated prices at the other end. Is that a space the commission is aware of or involved in or would be keeping an eye on going forward?

Comment on this
Mr. Jim Gannon

I am happy to pass that over to my colleagues but it is something that naturally occurs in many jurisdictions, namely, that people bring a project through to development, obtain planning or authorisation to construct or licence to generate and perhaps be successful in an auction, and would then sell on that asset to someone who would construct and then sell it on as an operator.

That sort of transaction is natural and rational. I will ask my colleagues to speak about the authorisations and a bit about the RESS side.

Comment on this
Ms Karen Trant

Licensing sits within my brief. We see change of control applications from people who have licences or authorisations to construct. Very few authorisations to construct go through change of control. It is usually when they get to a licence that they may be, for one reason or another, sold on to another licensee or look for a change of control. I am not sure about the pricing aspect. I do not see any aspect of that so I am not sure how the price would be passed on or elevated, but they operate in the market.

Comment on this
Mr. Jim Gannon

Perhaps Dr. Hemmingway will speak about the contract.

Comment on this
Dr. Phil Hemmingway

I do not think we have a particular role when it comes to individual entities bringing a solar or wind farm to a certain point and then selling it. Where we have a role is, for example, in large-scale electricity interconnectors. Two are live at the moment, between the Republic of Ireland and Great Britain. When they are sold, we go through a certification process where we look at the ownership structure of the entity that is buying the interconnector to make sure there are not any conflicts of interests with other assets. However, that would not apply at the level of an individual solar or wind farm or other generation asset.

Comment on this
Mr. Fergal Mulligan

Perhaps it would also reassure the Deputy that solar and wind farms that are built on land, that is, onshore, are largely being built by foreign direct investment funds such as pension funds but they are also competing with one another to be profitable. Therefore, competition, which is built up and down the country, will keep the price down. On being afraid of supernormal profits or consumers having to pay an extra premium or price, at the end of the day, there is competition in the solar-renewable area, where these guys have to make a reasonable profit. Again, there is no evidence these guys are coming in and buying wind and solar farms and the price just goes up. In some instances, when investors sell a solar or wind farm, they may not have the finance to keep going and someone may have to step in and buy it. That could even be at a knockdown price, where the person who built it may have lost money. There are many different aspects to what goes on in capital markets. We have seen no evidence that there is an issue there from a consumer point of view.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Are there any other questions?

Comment on this

Deputy Clendennen should go ahead. He waited. I had to go to speak about energy costs in the Dáil so I got some pointers. That is what I was doing.

Comment on this

I will pick up on Deputy Toole's point first. There is a fine balance between competition and saturation and so on, but we need to be mindful of it when we monitor the market to ensure we are getting a fair price.

Going back to the big increase in the CRU's resources in two years, that level of increase is significant. Is the CRU at capacity now or is it looking for more resources? How does Mr. Gannon see that panning out in the coming years?

Comment on this
Mr. Jim Gannon

To be clear, we grew to that size to serve the existing requirements on us from the expansion of policy, new roles and European regulation under which we just must do what comes through, regardless of national policy. What has changed in the past few years is that two or three things have happened. We currently have a number of additional roles we never had before, which have been added or are being added to our brief relating to district heating, a potential new brief as the competent authority for private wires, NIS2, which would make us a cybersecurity authority and regulator for energy assets-----

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Will Mr. Gannon say that again? Who is the cybersecurity regulator?

Comment on this
Mr. Jim Gannon

It is NIS2. It is a regulation under which we would become a cybersecurity regulator for energy infrastructure to ensure the protections are in place and those people are there.

It is also in the pipeline for us to take on being the competent authority for critical entities resilience regulator, as for a number of different roles which are all new to us and all require teams and, in certain cases, expertise and competencies we did not have before.

On the other side, we have seen a significant increase in the size of the wholesale electricity market and the costs that come through there, so greater effort is required to make it more efficient. Offshore energy generation is new to Ireland and we will be looking at €5 billion worth of a regulated asset base in EirGrid that was not there previously, but could be there in the next six or seven years. We are mandating and ensuring it is delivered in an efficient way and that the right kinds of contracts are in place between EirGrid and others. That is significant.

On the safety side, which often does not get discussed, we have the potential introduction of hydrogen and biogas. There has been an increase in incidents recently due to new technologies coming on the market. We also have increases in, as I said, water and electricity infrastructure. Perhaps instead of looking at a particular number of projects in price review, PR5, my colleague, Mr. Mulligan, has noted that we are now looking at 570-odd projects and making sure they are delivered in an efficient way and reported on transparently. We are driving the incentives to make sure these are done in the public interest. Across all our parallel processes, including the supports for those, such as legal, compliance and enforcement, we must make sure that where people are not abiding by their licence conditions or normal market behaviour, we can identify and act on it. All of this must grow.

Do not get me wrong, in parallel to that, on the other side we are speeding things up and reducing things. I will be quick about this, but it is important. For authorisations to construct and licences to generate, starting in 2022, we said that for projects below 10 MW in size - a lot of projects were coming through on solar and wind at that time - we would reduce the requirements significantly to make it easier, quicker and more efficient for applicants and we are doing that now.

As for connections policy for renewable generators, last year we brought out a totally different process, which speeds up the process for ESB Networks. It has two gates for investors to come through, not just one per annum, so it is much quicker for developers and investors and that speeds up the timeline.

Separately, recently on section 39A, we identified there is a sort of doubling up between two of our licences on a consent to operate infrastructure. One is on the safety side and the other is on the gas networks side. We are about to consider taking away one of those to make things more efficient, quicker, less burdensome and less resource intensive and we have already-----

Comment on this

CRU is cutting the red tape.

Comment on this
Mr. Jim Gannon

Yes, cutting the red tape. We are about to go to procurement on the digitisation of all our authorisations, licences and consenting to make it quicker, more efficient and less resource intensive.

Comment on this

Considering everything the CRU is doing, is there anything from a regulatory perspective about which there is an element of uncertainty or doubt? Are there stakeholders who are relying on anything from the CRU that has not been forthcoming or that should be forthcoming or should be quicker? Is there anything in the pipeline we should be aware of?

Comment on this
Mr. Jim Gannon

I would say yes and we are not disguising some of these challenges.

On the offshore infrastructure in particular, we have been moving ahead of the critical path for bringing in the offshore wind farms but next year we could see ourselves, with some of our decisions, coming onto the critical path because we just cannot get there quickly enough. It is not extensive consultation periods. It is literally about doing the work to get there.

On investment in biomethane, it is capacity where we must, in terms of regulation and policy, bring in a new framework and process to allow these people to connect to the grid. It is just a processing capacity piece. We want the investment to happen and to happen in the right way but that we are able to do it as quickly as possible. There are a number of examples.

Comment on this

It is about staying ahead of the innovation because this is quite an innovative sector. As our regulator, the CRU has a responsibility to stay ahead of the pace. It is to ensure that is happening. The last thing I want to hear is that someone is not investing or progressing with a project or that a job creation opportunity is lost because the CRU did not have the right or adequate papers. That is where the committee needs to stay in tune about the work the CRU does.

The 90 days is a good move to give a more transparent view of where we are and understanding of what the issues are. However, will the CRU include something about disconnections? There is a moratorium now for the winter period, but we need to get a better understanding of the pace of arrears to disconnections so we get a clear idea. I am not trying to be ruthless about it but we need to get an understanding of that as well.

Comment on this
Ms Karen Trant

We publish those figures and we were always mindful, particularly as we are coming out of a crisis and there are no credits, of how quickly that would ramp up. It has not and we are still at pre-Covid-19 levels for disconnections.

We want people to engage. Once they engage that process stops. There is no disconnection. If people do not engage that process is almost automated and then 75% of those contacted during that disconnection period engage with the supplier. It is not the ideal scenario. We monitor the disconnections for non-payment of account and they are still very low. We want to see that. Suppliers do not want to do it. We do not want them to do it, and customers do not want them to do it but there has to be an alternative. That is the sort of-----

Comment on this

To be clear, 300,000 are currently in arrears, but when you take out-----

Comment on this
Ms Karen Trant

For 90 days, it is approximately 187,300.

Comment on this

It is 300,000 give or take, but 90 days is 170,000 or 180,000. We have seen no change realistically since Covid times in relation to disconnections.

Comment on this
Ms Karen Trant

Absolutely.

Comment on this
Mr. Jim Gannon

It is still relatively static. We can come back to the Deputy-----

Comment on this

That is hard to believe considering the commentary you hear in the political world. First, we deal with facts.

Comment on this
Mr. Jim Gannon

Those are the statistics.

Comment on this
Ms Karen Trant

We will give the Deputy those figures. We look for them and we report on them. We will give the Deputy those figures. As we have said, suppliers do not want to go down that route. They will do everything they can not to go down that route. ESB Networks, which has to go out in vans to disconnect the meters do not want to do it. It is a no-brainer. We need to get customers into repayment plans. That is the key to this.

Comment on this
Mr. Jim Gannon

We recently released our updated monthly reports for the most recent couple of months in the past two weeks. We can forward those to the committee in the coming day or two. We are also talking about red tape and efficiency. We last year completed a project in Power BI which is effectively trying to digitalise some of these data and statistics to take human effort out of it while still making sure they are right and we can bank on them in an effort to make these more quickly available to people such as the committee. There will be a dashboard and more frequent and more transparent reporting. It would take out the need for the hard copy PDF report. The data would just be accessible. That is to provide it more quickly and transparently and reduce the level of red tape and human resource related to delivering it. It is another effort to reduce inefficiency.

Comment on this

Is the CRU planning on recruiting more staff? Is it at capacity now or is it planning on growing further?

Comment on this
Mr. Jim Gannon

For what has been added to our brief over the past year and what we expect to be added to our brief we feel we require a significant additional number of staff across all of our divisions. That is what we are in dialogue with the Government about.

Comment on this

What does Mr. Gannon see the top number as?

Comment on this
Mr. Jim Gannon

It could be a doubling of the organisation if everything requested of us now continues to be requested of us.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

A doubling from the current complement.

Comment on this
Mr. Jim Gannon

It could be, yes. There are a number of new remits we have never done before which have come to us in the past year or which are about to come to us across including cybersecurity, critical entities, district heating and private wires. There is a long list of new things like, potentially, hydrogen and biomethane.

Comment on this

Can we get that list?

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Will Mr. Gannon forward what he has said in brief regarding the list of responsibilities the commission has now that it did not have in the past, in particular where that responsibility came from? Was it domestic legislation, EU guidelines, or where?

Comment on this
Mr. Jim Gannon

We will prepare a summary of that. As I have said, some of them are ones where we are waiting-----

Comment on this

I have gone way over, so work away and I will come back in.

Comment on this
Mr. Jim Gannon

-----and some where we have been notified that we are going to be made the competent authority. We have a list.

Comment on this

I will return to offshore wind. What is the story with the offshore wind plans around Dublin?

Comment on this
Dr. Phil Hemmingway

Speaking more broadly, offshore has been separated into two phases. Phase 1 has been a developer-led process where prospective offshore wind farms had reached a certain point of development over a number of years. There had been six of those. Four of those were successful in achieving contracts in the first State auction called ORESS 1.

Comment on this

Is this in the Dublin area?

Comment on this
Dr. Phil Hemmingway

There are five off the east coast and one off the west coast. Those five phase 1 projects off the east coast are progressing through the planning process. The sixth project in phase 1 has discontinued development. That is called Sceirde Rocks and is off the west coast.

Comment on this

I might come back to that.

Comment on this
Dr. Phil Hemmingway

Phase 2 is a plan-led or State-led approach where the Government defines locations where wind farms will be based. There will then be a programme of auctions. The first State auction referred to as Tonn Nua was for a wind farm off the south coast. Provisional results were just announced.

Comment on this

I want to go with the east coast for a moment. How does the power come off the coast?

Comment on this
Dr. Phil Hemmingway

The developers of those wind farms will be building transmission infrastructure that will connect to the national network.

Comment on this

Where does it come in?

Comment on this
Dr. Phil Hemmingway

They come in more or less directly from the coast. We can send details of the exact locations.

Comment on this

I am wondering what geographic location it comes in at. What substations?

Comment on this
Mr. Jim Gannon

That is ultimately a matter to be determined by EirGrid the transmission system operator, TSO, as it defines connection contracts with the offshore operators.

Comment on this

Can they CPO the land?

Comment on this
Dr. Phil Hemmingway

Of the phase 1 projects, the Codling Wind Park is off the east coast of Wicklow. That will come in off Wicklow. The Dublin Array is also off the east coast. The North Irish Sea Array is off Louth and north Dublin.

Comment on this

Are they able to get all of it through the locations through the land?

Comment on this
Dr. Phil Hemmingway

The developers are responsible for going through the consenting process required.

Comment on this

Are they getting any pushback from landowners?

Comment on this
Mr. Jim Gannon

I do not think that is something we would be aware of or involve ourselves in.

Comment on this

The CRU does not know if it is able to use the land. I am equating it with Uisce Éireann, which was before the committee a few weeks ago when we were talking about the water coming from the Shannon. There are obviously huge issues about if we can use the land because there are a couple of hundred landowners and getting the CPO process. The pushback from them would be key. Are we getting pushback here?

Comment on this
Mr. Jim Gannon

I do not want to speak outside of our brief too much but the first port of call for developers and for EirGrid and ESB Networks would be to agree contracts where they can with landowners. Where that is unsuccessful, it is possible to-----

Comment on this

Can Mr. Gannon not say, or will he not say, if they are getting pushback from landowners?

Comment on this
Mr. Jim Gannon

We are not involved in those processes.

Comment on this

They are just not aware.

Comment on this
Mr. Fergal Mulligan

Uisce Éireann has a few hundred kilometres of network going across a lot of farms between Dublin and the Shannon. For offshore wind, which has cables traversing from the sea to onshore, EirGrid will build the substations if the substation is not there already.

Comment on this

That is what I mean. They are tricky locations. I know even in places like Wicklow.

Comment on this
Mr. Fergal Mulligan

They could be on the east coast. EirGrid will pick the optimal location. It is doing that every day with all of its grid across the country. They will engage with landowners and pick the most optimal location.

Comment on this

As yet we do not know if we can get across.

Comment on this
Mr. Fergal Mulligan

We do not know of any issues at the moment. To be honest, we do not expect anything insurmountable.

Comment on this

From the wider perspective, is it 5 GW of offshore wind we are required to have by 2030? Is that the correct terminology?

Comment on this
Dr. Phil Hemmingway

That is the target for 2030.

Comment on this

Are we going to meet that?

Comment on this
Dr. Phil Hemmingway

We will not meet that. Some of those phase 1 projects will be delivered in the early 2030s.

Comment on this

We are not going to meet that. Does the CRU meet the developers to push on delivery of those projects? Is that part of its role?

Comment on this
Dr. Phil Hemmingway

Yes, we meet the directors of all the phase 1 projects on a regular basis. We are also members of the offshore wind delivery task force, chaired by the Minister.

Comment on this

This is a holistic and specific question. Dr. Hemmingway referenced Sceirde Rocks. Was that a failed plan?

Comment on this
Dr. Phil Hemmingway

It discontinued development after carrying out site investigation works.

Comment on this

Did that person win a tender? Is that how it worked?

Comment on this
Dr. Phil Hemmingway

Yes, there is a State tender process called the renewable electricity support scheme. That particular project won a State tender.

Comment on this

Is that on price? Did they win that on a lowball price?

Comment on this
Dr. Phil Hemmingway

It was a competitive bid. There were six entities eligible to bid in that. Four of them won and two did not.

The two that did not win State contacts are still progressing development and they are likely to-----

Comment on this
Mr. Jim Gannon

Just to bring that in, there are two of the phase 1 projects that also entered into the auction for ORESS contracts but were unsuccessful in terms of their price and their bidding. One of the actions we took following that was to ensure that if those projects wanted to proceed, they would be able to and that they would get access to the grid if they found a different way of funding their projects. This was in order to, effectively, get out of the way of projects and ensure they were also able to develop and try to streamline things.

Comment on this

Yes. If we keep expanding with the offshore, and it is a significant cost change, my fear would be that somebody can win a tender on price, which goes without saying in general. Then luck does not fall their way, they can walk away and we are left with an infrastructure gap. Has that effectively happened in this case?

Comment on this
Mr. Jim Gannon

I do not think we can speculate on the reasons-----

Comment on this

Mr. Gannon is not speculating in this case because it has happened.

Comment on this
Mr. Jim Gannon

No, but we would not speculate on the cause for that happening. In any competitive auction, it is always a possibility that a developer, or even a contractor on a particular contract, would or could fall away.

Comment on this

Did they forfeit a bond?

Comment on this
Dr. Phil Hemmingway

I do not think the whole formal process has been completed. We are not party to the process of them forfeiting a bond but there would be a bond associated with an ORESS contract.

Comment on this
Mr. Jim Gannon

While the auction has been won at this point in time, none of these pieces of infrastructure have been built yet, in terms of cost or-----

Comment on this

Are we talking about the west coast here as well at this stage?

Comment on this
Mr. Jim Gannon

Sceirde Rocks is on the west coast.

Comment on this

Essentially, the risk here is that we put out these tenders and a company hopes things go its way. It wins it, prices go the wrong way, it does not bother and it sits on it. Ultimately, then, as a State, we are left without offshore energy. Is that what happens?

Comment on this
Mr. Jim Gannon

It is always possible for someone who has either won a competitive contract or a competitive bid in an offshore or onshore auction that, for different reasons, their bid and project could fall away.

Comment on this

I take it they could not go back to the State and look for changes to their contract or else the other providers who tendered would.

Comment on this
Mr. Jim Gannon

That is entirely possible that people might seek a change to the RESS terms and conditions but again the auction was set at a point in time.

Comment on this
Dr. Phil Hemmingway

Something that does give some measure of protection as the State seeks to build out its offshore resources is the plan-led approach where the State sets the locations for the wind farms. If you are developing your transmission network to facilitate those particular locations and one entity, for example, seeks to develop and cannot develop, if the transmission infrastructure is being built towards that location, an additional auction could backfill. That is not to say that will happen in this case but that provides some measure of protection.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

I thank the witnesses. I have a few miscellaneous questions. Will the witnesses from the CRU confirm, as much for the public as for the committee, who its shareholder is?

Comment on this
Mr. Jim Gannon

For us, as a regulator, we do not have a shareholder. As an independent regulator, we are levy-funded and our reporting line and our accountability is to the Houses of the Oireachtas. Notwithstanding that, we work under the auspices of the Department of Climate, Energy and the Environment and the Department of housing.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

What does "work under the auspices of" mean?

Comment on this
Mr. Fergal Mulligan

The Department of Climate, Energy and the Environment is our parent Department and the Minister, Darragh O'Brien, is our Minister.

Comment on this
Mr. Jim Gannon

On the energy side and then on the housing side, housing and water.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

The CRU does not have a shareholding as such?

Comment on this
Mr. Fergal Mulligan

We are set up as statute.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

A separate statute.

Comment on this
Mr. Jim Gannon

And we undergo the issue of processes where, on an annual basis, we report our compliance against the code of conduct for State entities. We have the report of the Auditor and Comptroller General and we are audited by it in line with-----

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

And published for the Oireachtas-----

Comment on this
Mr. Jim Gannon

And the PAC.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

-----but not to a line Minister.

Comment on this
Mr. Jim Gannon

Correct.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

My second question is on a broad thing. I refer to people, ordinary consumers, who want to set their price of electricity and they are paying every month. They have no contract and they want to set a contract. I am talking about electricity here. They can only get a contract for 12 months. Why so short? I know prices cannot be predicted but lots of people would like to enter a contract longer than 12 months. It is a very short contract.

Comment on this
Mr. Jim Gannon

I will hand over to my colleague, Ms Trant.

Comment on this
Ms Karen Trant

I suppose what the Cathaoirleach is referring to is nearly fixed term contracts?

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Yes.

Comment on this
Ms Karen Trant

As Dr. Kavanagh has alluded to, there is a thing called the tariff year where suppliers will know what their costs are, what the tariffs will be and then how to recover that. If it was set out to two years I am not sure, from a commercial point of view, how viable that would be for the suppliers. I am sure they could offer that product. The reality is, from a European perspective, there is a move away from fixed-term contracts. They want a more dynamic and agile-type product on the market. We have issued a paper around that. Dynamic tariffs follow the wholesale prices, therefore it is around what the Deputies were alluding to earlier - that volatility and that spike.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

That is what I am coming at from the opposite direction. I am referring to stability for customers.

Comment on this
Ms Karen Trant

There is that choice and that is what we want. Is our market ready yet? There will be other structural changes that we will have to put in place but we are moving towards that.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

We are moving towards which?

Comment on this
Ms Karen Trant

We are moving towards more dynamic, more agile-type products that are out there.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Is CRU looking forward to the day then that people will not even be able to fix their price for 12 months?

Comment on this
Ms Karen Trant

That will always be there. Suppliers will offer that type of product if the demand is there. If customers want that-----

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

The demand is there. I am sure people would want it for more than 12 months. The demand is there but they cannot get it.

Comment on this
Ms Karen Trant

Mr. Gannon may want to come in on that. I think that is a commercial decision for suppliers. In a liberalised market, we could not set that, or demand to get it.

Comment on this
Mr. Jim Gannon

I think there are two parts of it. People could still enter into a contract for 12 months that sets the prices, let us say. However, instead of it being a single price throughout all of the days, the same price for every time of day, they could have something that is more dynamic. This means it is a little bit more expensive between 4 o'clock until 7 p.m. but the rest gets better.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Is that contract available for domestic customers-----

Comment on this
Mr. Jim Gannon

Yes, time-of-use tariffs-----

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

-----on the right meter?

Comment on this
Ms Karen Trant

There are time-of-use tariffs; three bands.

Comment on this
Mr. Jim Gannon

-----and for those, people can still have a 12-month contract. One of the things we are doing this with this call for evidence we noted earlier, we could get further feedback from consumer groups on that sort of thing for the 12-month contract.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

The witnesses mentioned the CRU's report to the Oireachtas. I do not want to get into too much detail but I noticed that the levy income is €23 million for electricity, gas is €7 million and water is €2 million. From the CRU's financial statements, it is turning a much bigger surplus from the water side, which is quite small. How does the CRU decide which of the three groups it regulates will be the most profitable? Looking at the electricity, it is turning very little surplus, namely, €110,000 out of €22 million, whereas it is a much bigger surplus for regulating water, as I have just mentioned. How does the CRU decide that should be the case?

Comment on this
Mr. Jim Gannon

In advance of a given year, we will set our work plan for the year ahead and that would be across gas, electricity, water and energy safety. That then has us look at our budget for those different areas of activity. That budget then feeds through to the levy that we set. We do not target having a surplus by the end of the year. What we try to target is having it as close as we can, without making sure we enter into deficit. In our annual budgeting process, what we attempt to do is to try to ultimately bring that down and down. However, the last number of years have seen us grown in terms of our budget. The level of surplus has increased over the past number of years but in our budget setting process for this coming year, that is now coming to a close, we have sought again to keep it as close as possible to what is required.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

For 2025 or 2026?

Comment on this
Mr. Jim Gannon

For 2026. Again, we are trying to predict a year ahead what the budget will be in terms of consultancy projects delivered and other spend.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

What Mr. Gannon is actually saying that if the CRU makes a surplus it is not really intended.

Comment on this
Mr. Jim Gannon

No, but also that it is carried through to serve that purpose into the next year. It does not go anywhere. It is brought back in to the next year.

Comment on this
Mr. Fergal Mulligan

We are not a profit-making organisation. We are not for profit. We are just set up by statute.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Yes. I just asked the question.

One of the biggest issues I get complaints about is the delays in people getting connections. Often, there is an EBS issue.

However, it can also involve Uisce Éireann in particular. What is the regulator doing about it? Uisce Éireann is way behind. How much of the regulator's activity is based on water quality as opposed to water quantity? In recent years, I have heard that water quality is getting substantial attention as opposed to the quantity of water. We want both. Let us start on that basis. How does the regulator distinguish between those two areas in terms of its workload? New houses are built, mortgages are ready and everything is done, the ESB is there but Irish Water says the sewage treatment plant is full. Based on what I hear as a TD, the regulator could not possibly be satisfied with how Uisce Éireann is doing its work in this regard.

Comment on this
Dr. Karen Kavanagh

To clarify, we do not have a role in water quality. That is the role of the EPA as the environmental regulator.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Could Dr. Kavanagh start again? When it comes to water, there is another regulator looking after quality while the commission is connected with-----

Comment on this
Dr. Karen Kavanagh

We are the economic regulator for Uisce Éireann.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

I now understand why we have 100 regulators. They are both monitoring the same litre of water but relating to different aspects.

Comment on this
Mr. Jim Gannon

We set the framework by which Uisce Éireann receives funding to invest in the infrastructure that would serve water quality and quantity. The EPA examines Uisce Éireann's performance against the parameters, so we are the economic regulator.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Who examines the quantity of water?

Comment on this
Dr. Karen Kavanagh

As the economic regulator, Uisce Éireann will come to us with its business plan. Uisce Éireann has a different model. It starts with the Minister in terms of the policy statement. It is approved by the Minister with a strategic funding plan and then it comes to us as a business plan for the forthcoming five years. We review that in terms of what it is proposing to spend and we set a number of outputs and outcomes in terms of how we monitor kilometres of network and pumping stations - all of the infrastructure Uisce Éireann has to deliver on both the water side and the wastewater side.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Is that not in the plan that comes to the regulator for approval?

Comment on this
Dr. Karen Kavanagh

We have just published our draft determination for the next period. We have done a deep dive in terms of the types of projects Uisce Éireann is proposing to see whether they are suitable and fit for purpose and whether they are delivering at an efficient cost so we challenge Uisce Éireann in terms of what it is proposing. We will then monitor that over the course of RC3 to see what it is delivering. One of the things we would have found in the last period was that Uisce Éireann was doing very well in terms of water and we expressed some concern on the wastewater side that it was not delivering as quickly as it had committed to and as we would have liked. We are enhancing our monitoring framework for the next period to ensure we get more granular information and will publish that quarterly and annually and on the dashboards.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

When will that start?

Comment on this
Dr. Karen Kavanagh

Regarding the RC4 period, the funding period has already started. Our decision will be made next year, hopefully, by April. We are monitoring and reporting on an annual basis.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

On the wastewater treatment plants. Where are the black spots in the country in terms of capacity?

Comment on this
Mr. Fergal Mulligan

Notwithstanding our role as a regulator, Uisce Éireann, the semi-State body tasked with the job, is as we speak spending billions. Our draft decision set out a capital programme for over five years of up to €16 billion that the Government has already approved. The Minister has approved that. Uisce Éireann is spending that money. It is upgrading all those treatment plants referred to by the Cathaoirleach. There is a list of those in the plan we have already published. It is up to Uisce Éireann to ensure there is security of supply of water to Dublin and everywhere else in the country. That is Uisce Éireann's job. When it gives us the business plan to say how it is going to achieve that, we approve the business plan. It is Uisce Éireann's responsibility to ensure-----

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

That is fine but let us say it is not doing the job. The Commission for Regulation of Utilities is the regulator. What can the regulator do about it other than having meetings?

Comment on this
Mr. Fergal Mulligan

We have incentive schemes and penalties. We penalise it where leakages occur. We set targets for leakages and for achieving projects and we can penalise it. In the past number of years, we have set targets for Uisce Éireann and penalised it.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

How much in fines has Uisce Éireann paid to the regulator in recent years?

Comment on this
Dr. Karen Kavanagh

As part of the draft determination, we identified a €20 million fine in terms of leakage and an €11 million fine in terms as a financial penalty around billing.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Has Uisce Éireann paid those fines?

Comment on this
Dr. Karen Kavanagh

It is not that they are paid directly to us. It is accounted for in terms of its forward-looking framework for RC4.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

That is not a fine at all then.

Comment on this
Dr. Karen Kavanagh

The nature of the regulatory framework means that we do not have powers of penalty for water. Uisce Éireann does not operate under a licence so it is quite a different regulatory framework to that for electricity and gas. Therefore, our regulatory tools are limited in terms of Uisce Éireann.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Technically, one can live without electricity but nobody can live without water. Dr. Kavanagh is telling me that the regulatory framework for water, which a person cannot live without, is very weak and mild compared to that for electricity and gas.

Comment on this
Mr. Fergal Mulligan

It is by virtue-----

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Why is that the case? They are still the same and you cannot even find them.

Comment on this
Mr. Fergal Mulligan

Over the past ten years, the history of water-----

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

The local authorities-----

Comment on this
Mr. Fergal Mulligan

The local authorities have transitioned to Uisce Éireann in the main. There is still a legacy. It will be fully transitioned by 2026 or 2027. Domestic customers are subsidised by the Exchequer so the Cathaoirleach and I as domestic residential customers do not pay a water bill like every other country in Europe. The Exchequer funding is what subsidises Uisce Éireann. That does present a huge regulatory challenge in terms of us fining Uisce Éireann because, ultimately, all we are doing is reducing the Exchequer purse. From the point of view of Uisce Éireann, if we take €40 million or €50 million off it in fines, there is a challenge there insofar as that is €50 million or €20 million less it might have to spend on a water treatment plant. It is not like a shareholder company, private equity company or commercial company that would feel pain in its profit line if we as a regulator fine it so it is weaker than a normal regulatory environment. There is no doubt about that. As a regulator, regulating water in Ireland, given the Exchequer-funded model, is not as strong as it might be in many other jurisdictions.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Can I ask a blunt question? Why would Uisce Éireann pay any heed to the regulator then?

Comment on this
Mr. Fergal Mulligan

There is a lot of reporting it has to do. It has an independent board to which the executive team is held accountable. It is also accountable to the Minister, the Comptroller and Auditor General and the PAC.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Nobody can do anything about it.

Comment on this
Mr. Fergal Mulligan

It is working extremely hard and has made huge progress with our water infrastructure in the past ten years. There is no doubt about that.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

From the regulator's point of view, the wastewater side is the general problem. I get grief in my constituency about wastewater treatment. The units were built ten years ago and are over capacity.

Comment on this
Mr. Fergal Mulligan

There are wastewater issues across the country but Uisce Éireann is making huge strides. For example, a huge wastewater treatment plant opened last year in Arklow. Arklow was a massive problem. That has now been resolved through a multimillion capital investment by Uisce Éireann so it is making progress but it is a challenge to make that progress as fast as is needed.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Surely the regulator must have an idea of when it thinks Uisce Éireann will be able to meet its requirements in terms of having adequate and safe wastewater treatment. Is it ten or 20 years?

Comment on this
Mr. Fergal Mulligan

Uisce Éireann is on record as saying it requires about €50 billion between now and 2050 to bring the water infrastructure in this State up to the standard required.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

€50 billion. What is its proposed-----

Comment on this
Mr. Fergal Mulligan

That is up to 2050. It has €16 billion for the next five years.

Comment on this

I hate to think what commercial rates are going to be.

Comment on this
Mr. Fergal Mulligan

The investment is required.

Comment on this

I appreciate that but-----

Comment on this
Mr. Fergal Mulligan

The water and wastewater infrastructure in this State requires this investment urgently. There is no doubt about that.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

I get that. We are in a difficult situation when it comes to Uisce Éireann.

Comment on this
Mr. Fergal Mulligan

It is challenging.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

I will let Deputy Tóibín come in because he has not done previously. I will come back; I have some other questions.

Comment on this

He was with me in the Chamber discussing energy costs.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

I am aware that there is a debate on a related topic in the Chamber as well.

Comment on this

Gabhaim buíochas leis na finnéithe ar fad as a bheith anseo. The International Energy Agency says that Ireland has the largest gap between wholesale and retail prices. We are told regularly that the reason why Ireland's electricity is so dear is because the nature of disparate housing, etc., and the infrastructure needed to bring it. Ireland has the largest gap between wholesale and retail prices so surely then it has the highest level of profiteering. Is that not the case?

Comment on this
Mr. Jim Gannon

I am happy to say there is no evidence of that.

There are valid underpinning reasons why we have more expensive electricity than other European jurisdictions-----

Comment on this

I do not want to be rude, but time-wise we will get cut off. If we leave wholesale completely aside, why is the gap between wholesale and retail the highest?

Comment on this
Mr. Jim Gannon

Part of that certainly is the work of suppliers relating to the size of the Irish market. In a very small market like ours, where prices on the wholesale side are more volatile, and in a smaller market in general, there are different hedging strategies that suppliers would have to take into account and take on board. In a smaller market, that tends to be more expensive because there is greater volatility on the wholesale side. In addition, in Ireland, as we have discussed previously, there are high levels of arrears at the moment but we have a level of disconnections that is in fact at about the same level as before Covid, so there has not been the level of disconnections that were there. It is not that we are seeking or that we want that, but there is a carrying cost for suppliers where they are not disconnecting people who are in arrears and in debt.

To finalise on this, we have stated in this session, and we will come back with more detail on it, that we are exercising two elements of our work plan next year. The first is a competition and competitiveness review of the retail market in Ireland. In the past, with the other Oireachtas joint committee we report to, we have articulated the different bits, including the wholesale price, we have looked at the network tariffs and we have talked about imperfections and capacity mechanism costs and the PSO, that is, other building blocks. This year coming, we are going back to look at competitiveness and competition in the retail space, and that is to look expressly at that gap between wholesale and retail for next year. Then, in parallel, we are going out for a call for evidence to look at arrears, debt and how we contend with those things in our retail market.

Comment on this

Is there any comparative analysis done in terms of other European markets and the level of profitability by players in the Irish market and the other levels? Let us say a retailer makes 10%. What is the average profit margin by an electricity company here per unit?

Comment on this
Mr. Jim Gannon

We do not have that data. I will pass to my colleague, Ms Karen Trant. Anecdotally, we understand that it is in the mid-single digits as regards profitability that the retail element of the suppliers would operate at. That is the kind of information we will seek. Separately, what we do have comparative data on, and again we can come back to the committee with this, is comparisons between Ireland's retail prices and European retail prices and, in particular, the Eurostat data, which is the European Commission data, which compares on the basis of purchasing power. It effectively looks at the cost of living in places like Bulgaria versus Ireland and it is the comparative cost of electricity in the jurisdictions-----

Comment on this

Does the CRU have the power to force a company to tell it its profit margin?

Comment on this
Ms Karen Trant

The companies produce regulated accounts. They also produce accounts for the CRO. We went through a supplier-of-last-resort event so we were able to drill down into granular detail into the companies' costs. We know from that exercise that we are talking about 3% to 5%. In the UK it is higher. It is probably in or around 7%. As Commissioner Gannon has said, we will do a review of that supplier cost piece next year. It was done in 2017. We will do it again and see where we are now because we are in a new normal.

If I may come back to the Deputy about the IEA piece, that wholesale comparative is the weighted cost of the European wholesale price. It is not our wholesale price. It is not Ireland's wholesale price. Our retail price bobs along with our wholesale price. That wholesale price is artificially deflated because Poland and other countries have a much bigger mixed portfolio of coal, gas, oil and so on, which gives a lower wholesale price. That is why it looks a bit at odds.

We look at the Eurostat data, and one area that is not maybe as publicly spoken about is power purchase ability, PPA, of individuals in Ireland. Our standard of living is much higher than other countries, such as Bulgaria, so when you add that into the Eurostat data it brings us down to about the 11th most expensive because of our wages and so on. PPA is probably a more accurate representation of where we are in terms of the costs of electricity and the cost of living.

Comment on this

I thank Ms Trant for that.

The price of electricity is tied to the highest priced unit provided on the day. Is that correct? Let us say wind provision could be quite cheap on a certain day but gas could be higher, but the price is tied to gas, and that pushes prices up, does it not? That is a Government policy decision.

Comment on this
Mr. Jim Gannon

No. The European Commission sets through regulation how the wholesale markets work. That then flows through to how we operate the wholesale market here. Effectively, there is a clearing price. The cheaper generators are bought first up to the last bit of volume that is needed to serve electricity in that moment and on that day, but it is that highest price point that then sets the amount the other generators would get. At the moment, the Deputy is right that gas tends to set that price more often than-----

Comment on this

That inflates the price to the customer.

Comment on this
Mr. Jim Gannon

It tends to clear the price. In terms of inflating the price-----

Comment on this

It is a higher price, obviously, to the customer.

Comment on this
Mr. Jim Gannon

It is higher, but once it is reflective and bought in a competitive market, which is how the wholesale market is set up, that people compete against one another, if gas sets the price, then it is the price of gas and supplying it that sets that price.

Comment on this

Is there not a logic then to decoupling the price of electricity from the highest provider of the day?

Comment on this
Mr. Jim Gannon

There were discussions in Europe in particular about this, and again Europe would set the regulation around the wholesale market, post Russia's invasion of Ukraine where prices in wholesale markets around Europe spiked significantly. Part of the consideration in Europe at the time was whether they would consider having two different markets or whether they would decouple gas from that. Europe did not pursue that option at that point in time, but that is not to say that over the coming years, particularly as renewables become an even greater part of the wholesale market, they would not look at that again. At the same time-----

Comment on this

But we have no choice as a country; we have to accept that particular European decision. Is that correct?

Comment on this
Mr. Jim Gannon

That rubric is set by the European Commission. However, it is important to note that even if that were done, we would still need gas as a backup-----

Comment on this

Did the Iberian Peninsula not decouple during that particular crisis and get permission to do so?

Comment on this
Mr. Jim Gannon

No-----

Comment on this

I think Spain and Portugal did. They made a decision to leave that process, as far as I understand.

Comment on this
Mr. Jim Gannon

I do not think they chose to decouple gas prices from their market. Where we chose a government credit intervention, which is at the back end, their intervention was in the market. We can come back with more detail on that, but that was not a redesign of their energy market.

Comment on this

Last year there were 30,000 blackouts in terms of electricity delivery, affecting 3 million people. When I saw that figure I was astounded by it. It was received through an FOI request by a journalist. I started to look at this. You go onto the British websites and all that information is readily available, but it is like pulling teeth out of ESB Networks. They are really reticent to deliver any information on that. It is quite a jaw-dropping figure and it does not include, to my understanding, Storm Éowyn. What kind of efforts can the CRU make to make sure that ESB Networks provides up-to-date information to citizens in terms of this in order that we can have a transparent process and that there is a penalty for that happening?

Comment on this
Mr. Jim Gannon

I will pass to my colleague Dr. Karen Kavanagh to talk about how we monitor and report on customer minutes lost and so on and then the incentives relating to same.

Comment on this
Dr. Karen Kavanagh

Customer outages are one of the things we monitor in terms of PR5 as part of the incentive programme, but in PR6 there is huge investment in the grid. There is up to €1 billion going in in terms of network resilience, upgrades and general network rehabilitation. In addition, in terms of the framework, we have performance incentives that are explicitly calling out customer minutes lost, customer outages and all those things that impact customer satisfaction. We will call that out and report on that quarterly as well as annually, and that feeds into the incentive framework, so I suppose-----

Comment on this

That is not in place at the moment. That is something that is going to happen, is it?

Comment on this
Dr. Karen Kavanagh

There is some reporting in there at the moment but, as we have tracked through the current process, we have identified some issues and sought additional enhanced monitoring in that regard. It is a recognised issue. It is probably something to be aware of that, as we invest heavily in the grid over the coming years, there will be some disruption. It is an area we really want to keep a focus on. It is not just storms but also some of the outages that have to happen as a result of the investment and the delivery of some of the bigger transmission infrastructure. That drives a certain amount of outages. We have enhanced modelling to see how our customers are being impacted directly. We will be reporting more frequently. It will probably be one of the things that feature on our dashboard.

Comment on this

Dr. Kavanagh says there is enhanced monitoring but, in fairness, in comparison with the information available to the public in Britain, we have far less information available. I also asked how much did it cost Electric Ireland to drop electricity provision for so many people so many times last year.

Comment on this
Dr. Karen Kavanagh

In terms of the incentive framework, ESB Networks was given a penalty of €7 million last year. Over the course of PR5, it incurred a penalty of over €57 million. That is all published in our annual documents. We publish the detail of all of this on an annual basis as part of the incentive report.

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That is available on the CRU's website, is it?

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Dr. Karen Kavanagh

I would be happy to forward it on.

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I have one last question. It goes back to the Cathaoirleach's questions about water. My understanding is that the CRU's particular regulatory responsibility relates to the financial delivery model of the water systems in Ireland. Is Uisce Éireann living up to its responsibilities in those terms? In Meath, the delivery of water has been an absolute disaster in the last number of years. The town of Trim regularly has no water at all available at nighttime because of difficulties in the system. Ballivor had tankers of water being delivered for months and months because of the systems in the town breaking down. Restaurants and cafés regularly close in Enfield because there is no water available. I know there has been a massive increase in population in Meath, which demands massive infrastructural development, which is in play. The word "accountability" is very elastic. Somebody is accountable to somebody else but accountability means that there is a cost to an individual if the individual does not do his or her job. If there is no cost, there is no accountability in reality. What costs have ever been imposed on Uisce Éireann for the fall-off in delivery of service that happens so often in Meath?

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Mr. Fergal Mulligan

I will go back to the point that Uisce Éireann is a semi-State body and is primarily funded by the Exchequer. Any profits it makes are reinvested in the network. Profits do not go to any shareholder or private equity company, as they would in other companies. It is a weak framework as regards Uisce Éireann suffering pain as a company and as a board as the result of profit being taken away. It is difficult to hold Uisce Éireann accountable. As the Deputy will know, in a normal commercial company, a board-----

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There are bonuses, however. Uisce Éireann is a little bit famous for the bonuses it hands out on an annual basis. Are those bonuses not affected if the job of delivery-----

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Mr. Fergal Mulligan

That is a matter for the board of Uisce Éireann and its remuneration committee. That semi-State company has all independent members and an independent chair that are non-executive. There is also an executive. The board is there to hold the executive to account. The board reports to the Minister and was appointed by the Minister. With regard to any bonuses for executives, unlike a normal private equity company, there are no long-term incentive plans or any of that sort of stuff. It is completely different.

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Sean Fleming An Cathaoirleach Fianna Fáil

To follow up on the point I made before, I would link in with Uisce Éireann-----

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Dr. Karen Kavanagh

May I make a brief point? In terms of how we challenge Uisce Éireann on its operational costs and how the business is managed, as part of our RC4 determination, we are proposing to impose an efficiency challenge of 10%. We reviewed Uisce Éireann's costs in detail, looking back and looking forward, and benchmarked it against UK companies. We are proposing a 10% efficiency cut. That is where we impose that type of efficiency.

On the issues in Ratoath, one of the other parts of our role as an economic regulator relates to customer protection. We engaged with Uisce Éireann and with many of the councillors from Ratoath at the time those issues were being experienced to ensure that customers were getting the full benefit of all the provisions we set out in our handbook for non-domestic customers and some domestic customers. We engaged on that issue and followed up to make sure there was full compliance with the handbook.

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Sean Fleming An Cathaoirleach Fianna Fáil

To follow on from a point mentioned earlier, what is the breakdown of Uisce Éireann's income between Exchequer funding for domestic water supply and commercial income? What is the percentage?

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Mr. Fergal Mulligan

It is approximately 80% to 20%.

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Sean Fleming An Cathaoirleach Fianna Fáil

Which is the 80%?

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Mr. Fergal Mulligan

That is domestic. The other 20% is commercial.

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Of a total of €1.6 billion, the Government subvention covers €1.2 billion and €230 million comes from commercial charges. On the gap, what was the third one? It is small. Either way, it was €1.2 billion of €1.6 billion.

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Sean Fleming An Cathaoirleach Fianna Fáil

We have mentioned people who are in arrears with their electricity bills. Does the CRU have any information as to the number of people who have pay-as-you-go meters? That is a way of preventing arrears building up. Are they more expensive for the consumer than a bill-pay arrangement and, if so, by how much? There is the extra cost of putting in the meter but at least you are getting paid upfront. The other ones, the likes of us, get our bills every two months and pay them in arrears. Will the witnesses talk me through that?

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Mr. Jim Gannon

I will pass this question to my colleague Karen Trant. There is an existing system where people have pay-as-you-go meters. Separately, the smart meters are now enabled to allow people to pay as they go as well. Any supplier can offer that.

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Ms Karen Trant

Mr. Gannon is correct. There is a mixed bag. There are hardship meters, which deal with arrears, and there are lifestyle choice meters, where people decide they are going to-----

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Sean Fleming An Cathaoirleach Fianna Fáil

For a lot of people in rented accommodation, the landlord will say-----

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Ms Karen Trant

They are more expensive because the meter is a cost to the supplier. What the commissioner, Mr. Gannon, is alluding to is that the new smart meters have a functionality that allows for smart pay-as-you-go. Suppliers can offer that. It means the customer is not paying that additional fund for the meter. That is something that-----

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Sean Fleming An Cathaoirleach Fianna Fáil

Will Ms Trant send us a paper on this topic?

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Ms Karen Trant

I will, of course. We have the numbers for pay-as-you-go but I do not have them in front of me.

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Sean Fleming An Cathaoirleach Fianna Fáil

The CRU seems to have a lot of knowledge about people in arrears but I would like to have something we could study.

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Mr. Jim Gannon

We will provide that. One important thing is that, with the new smart meters that have come in, we have-----

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Sean Fleming An Cathaoirleach Fianna Fáil

Will the CRU give us the number that are out there?

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Mr. Jim Gannon

We will do that, 100%. We have allowed this functionality so that people no longer need to get and pay for an additional meter. The smart meter allows you to avail of a product like that.

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Sean Fleming An Cathaoirleach Fianna Fáil

These are the new meters. They are only for new properties.

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Mr. Jim Gannon

It is the new smart meters but they are in 2 million homes across the country now.

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Ms Karen Trant

Everyone has a smart meter. There are about 2 million as a result of the meter replacement programme.

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I have the answer. The gap was new connections. That is the €150 million I was missing.

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Sean Fleming An Cathaoirleach Fianna Fáil

In the notes it provided to us, the CRU mentioned that there will be €13.6 billion in expenditure by Uisce Éireann between 2025 and 2029. How much of that is capital versus current? If the witnesses do not have the figures to hand, they can send them on with the answers to the other questions.

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Ms Karen Trant

Off the top of my head, it is about €8 billion. I will come back with a specific figure.

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Sean Fleming An Cathaoirleach Fianna Fáil

I ask the witnesses to come back with the figures because we hear these big figures but, if some of it relates to current expenditure, it is not investment.

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I am sorry; what was the question?

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Sean Fleming An Cathaoirleach Fianna Fáil

In the briefing information we got, it said that there will be €13.6 billion in expenditure by Uisce Éireann between now and 2029.

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It was looking for €10 billion. It was €4 billion and-----

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Dr. Karen Kavanagh

With regard to what Uisce Éireann asked for, we proposed to give it €8.561 billion in capital expenditure and €5.018 billion for operational expenditure over that period.

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Sean Fleming An Cathaoirleach Fianna Fáil

That is 60:40. We hear this big figure but 40% of it relates to current expenditure on operating costs. It is not investment at all.

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Mr. Fergal Mulligan

Uisce Éireann has a huge staff. The cost of running the business every year is huge.

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Sean Fleming An Cathaoirleach Fianna Fáil

It is not capital expenditure at all.

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Mr. Fergal Mulligan

Operating costs account for €5 billion. It costs about €1 billion a year to run Uisce Éireann.

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Dr. Karen Kavanagh

The other point to note on these numbers is that we have not yet received the submission in relation to the additional funding being provided under the national development plan.

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Sean Fleming An Cathaoirleach Fianna Fáil

The CRU will have that soon.

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Dr. Karen Kavanagh

We will have to incorporate that into the price control for the period.

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Sean Fleming An Cathaoirleach Fianna Fáil

When the CRU gets that, which we hope will not take too long-----

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Mr. Fergal Mulligan

We will have it shortly.

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Sean Fleming An Cathaoirleach Fianna Fáil

We will ask the CRU to send us a note. There are a couple of bits building up. I see a report in today's news that there is to be major development at Rosslare Europort, which will help with the construction of offshore energy facilities in the Irish Sea. Does the CRU have a view on that? Has it been involved in it? Surely that cannot happen without the CRU having some oversight. Is it relevant? I know it is a CIÉ facility but it is relevant to producing electricity. Where does the CRU come in?

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Mr. Jim Gannon

It is not relevant to us in that it is a-----

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Sean Fleming An Cathaoirleach Fianna Fáil

It is not in the remit of the CRU.

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Mr. Jim Gannon

It is not within our remit.

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Sean Fleming An Cathaoirleach Fianna Fáil

The Arklow wastewater treatment plant that is up and running was mentioned. How many regulators were involved in the process that the CRU dealt with? Who co-ordinates the regulators? We counted four here last week.

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Mr. Fergal Mulligan

For a wastewater treatment plant?

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Sean Fleming An Cathaoirleach Fianna Fáil

For the Arklow plant.

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Mr. Fergal Mulligan

A wastewater treatment plant is fully the responsibility of Uisce Éireann to deliver. Primarily it would have to go through planning with the local planning authority. In the case of Arklow that was Wicklow County Council. That would involve a huge planning process. The EPA would be involved in the licensing and in overseeing the expenditure from an efficiency point of view.

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Sean Fleming An Cathaoirleach Fianna Fáil

Who issues a foreshore licence?

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Mr. Fergal Mulligan

That is MARA. I am not sure whether it was involved in an onshore wastewater treatment plant.

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Sean Fleming An Cathaoirleach Fianna Fáil

So, the CRU, the EPA, MARA and the local authority are involved. Did they ever all sit down together to discuss how we might do this efficiently?

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There could be observations on file from other regulators as well.

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Sean Fleming An Cathaoirleach Fianna Fáil

Yes, there are other regulators as well.

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Dr. Karen Kavanagh

I guess our role is-----

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Sean Fleming An Cathaoirleach Fianna Fáil

What we are looking at is trying to get all the systems we have developed in Ireland working together, rather than each one operating in its own silo. Arklow has been mentioned at two meetings in a row. I have not yet got the impression that the regulators met. I know they all have independent functions, but do they see how it makes life awkward? One regulator asks for something and another-----

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Mr. Fergal Mulligan

Just-----

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Sean Fleming An Cathaoirleach Fianna Fáil

We are trying to see how those involved in the system work together.

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Mr. Fergal Mulligan

I have been working in regulation for 20-odd years. I spent 11 years working in ComReg before this and ten years at the Department working on the broadband plan. We had an bord snip nua with Colm McCarthy, and I lived through that. Mr. McCarthy looked at all the regulators and how we could bring them all together. With ComReg, there was the Broadcasting Authority of Ireland at the time, and the question was asked as to why they could not work together. After a lot of reviews, and we remember that Mr. McCarthy cut the hell out of a lot of us back in the day, a lot of back-office stuff in regulators was put together, such as finance and IT functions, but they could not find synergies in the actual regulation. An bord snip nua could not put them together because it made no sense.

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Sean Fleming An Cathaoirleach Fianna Fáil

As I said at the beginning, we have 50 more regulators now than we had 30 years ago.

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Mr. Jim Gannon

There is an important point to make on some of the things we see now. There is the renewable electricity directive, RED III. It does not care who has the role of getting these through the planning, consent and regulation processes. It states renewable energy projects of a certain size must happen within a two-year process and projects of another particular size must happen within one year. Measures like this coming from Europe already require us to work with other regulatory authorities, such as planning authorities, MARA and others, to see how we make sure a project can come through at sufficient pace. There are areas where we absolutely interact with other regulators. We have memoranda of understanding with them to make sure our teams are in lockstep and that projects can get through the processes.

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Sean Fleming An Cathaoirleach Fianna Fáil

There is a note in the statement about the intent to license 100 unlicensed LPG network operators. Do these 100 exist or are they new applicants? What kind of storage facilities do we have in Ireland for a one-month supply of oil for electricity or LPG?

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Mr. Fergal Mulligan

Will the Cathaoirleach repeat his first question? Was it on safety?

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

There is a note that the CRU hopes to license 100 LPG network operators.

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Mr. Fergal Mulligan

This is private LPG. It might be a small housing estate or a nursing home using a tank of gas at the side of the building. This is LPG gas. Instead of oil or something else, it is LPG. There are 100 of them.

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Sean Fleming An Cathaoirleach Fianna Fáil

Do they need licences?

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Mr. Fergal Mulligan

They are unlicensed at the moment. From our perspective, there are safety issues about the networks. There is piping and everything else.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

When was it decided to license these operators, particularly if they have been there for a good while?

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Mr. Fergal Mulligan

We advised the Government, and there is legislation going through at present.

Comment on this
Mr. Jim Gannon

There is a gas safety Bill is coming through.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

It is coming through, so the CRU has no authority-----

Comment on this
Mr. Fergal Mulligan

We have gas safety officer powers that we use at the moment. We have inspectors that inspect these sites to ensure they are safe.

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Sean Fleming An Cathaoirleach Fianna Fáil

Have any of them found to be deficient? If so, what does the CRU do in such circumstances?

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Mr. Fergal Mulligan

We have found lots of issues with many of them.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

What happened to them?

Comment on this
Mr. Fergal Mulligan

In the event that they are unsafe, we issue a cease-and-desist instruction that the gas cannot be used until the network owner, which is the owner of the building, remediates it and gets the requisite expert in, such as a gas installer.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Did this happen many times in the past year?

Comment on this
Mr. Fergal Mulligan

Several times, yes.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

So the CRU wants to bring all of them up to standard.

Comment on this
Mr. Fergal Mulligan

Up to standard, yes. It is a critical piece of work.

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Sean Fleming An Cathaoirleach Fianna Fáil

That is good work. There is very good work behind that one little sentence. In terms of storage facilities for electricity, what kind of capacity do we have? I presume the CRU regulates the quality and safety of it.

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Mr. Jim Gannon

In terms of energy safety we do not have a remit over oil. That is the National Oil Reserves Agency. It makes sure we have the 90 days' supply.

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Sean Fleming An Cathaoirleach Fianna Fáil

Another regulator. I am sorry, but this is a hot topic today because we have come across about six regulators so far.

Comment on this
Mr. Jim Gannon

It is slightly different. It is not a regulator. It makes sure that if oil is cut off, we have 90 days' supply on hand. It is the reserves agency. There is no equivalent for gas. There is a proposal for a strategic gas reserve for emergencies, and this would be the first real gas storage that Ireland would have. It will address the levels of gas that we have in case of interruption of supply, particularly with the interconnectors and that sort of thing. In terms of electricity, the storage technologies on the system at present are batteries in the main. We have Poulaphouca reservoir, which is pumped storage, but we do not have large-scale electricity storage on the island. However, we are bringing in things on the market that will give us this storage. The key reason for this is security of supply. It is also to ensure that when the wind blows but there is not a demand there for it, that we can store it for when the wind is not blowing and for peak times.

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Sean Fleming An Cathaoirleach Fianna Fáil

Is that battery storage?

Comment on this
Mr. Jim Gannon

By batteries and longer term batteries. This will help to secure supply.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

As opposed to exporting it?

Comment on this
Mr. Jim Gannon

In tandem with interconnection, whereby we can export or import.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

What if an operator wants to export or sell it to somebody for storage? Where the best price is will determine where it goes.

Comment on this
Mr. Jim Gannon

The wholesale market will determine this. People will generate energy and sell it into the wholesale market, and people will buy from that wholesale market. If someone across the interconnector wants to buy from Ireland because of the price it will be exported. Separately, if someone wants to charge their battery they would buy from the wholesale market and then choose when to sell it back in. It helps with the security of supply and decarbonisation, and it can also help to reduce costs by making sure we have the electrons when we need them.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

Are there any further questions?

Comment on this

I have tons more questions, but one thing that jumps out at me is that the more people we meet and the more we discuss this, the more we see that the lines are so blurred. Something that also jumps out at me is the different remits in different areas. They are completely different with regard to gas and water. They are poles apart. There are similarities but my God, it is quite complex.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

At this stage, we will bring an end to proceedings. I thank the witnesses for attending.

Comment on this

If we have individual issues with the CRU, who do we go to?

Comment on this
Mr. Jim Gannon

We have an Oireachtas email address that is often used by various people.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

If all else fails, the clerk to the committee will get in contact.

Comment on this
Mr. Jim Gannon

Separately, as we said at the start and we do mean it, it is very important for us that people understand the work we do. We are across water, gas, electricity and energy safety. We could sit with the committee for days on each one of these, not because there are too many processes but because the brief this so broad. In terms of follow-up with the committee, and we have been given a few pieces of homework, we are very happy to do this. We are very happy to speak on our mandate. Sometimes we see different interpretations of reports and different interpretations of what we do and do not do and what others do. It is important that people see what we do, understand it and challenge us. We are accountable to the Houses of the Oireachtas and it is through these committees that we are challenged. That is also important.

Comment on this
Sean Fleming An Cathaoirleach Fianna Fáil

I appreciate that. I ask that any information requested today be sent to us within two weeks. However, I am conscious that the witnesses have indicated some of the information will take a little longer. I ask that this be logged with the committee in order that we have an estimate of when we will receive that information. I ask that anything that can be sent to us within a fortnight is sent within this timeframe. There being no other business, I thank everyone for their attendance.

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