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ARTICLE · 22 JUNE 2017

New Powers And Name For Ireland's Energy Regulator

Mason Hayes & Curran LLP
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Any financial penalty imposed by the CER needs to first be approved by the High Court.

IrelandEnergy and Natural Resources
Peter McLay
Peter McLay
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The Commission for Energy Regulation ("CER") is Ireland's independent energy regulator. It is responsible for issuing and enforcing licences for the conduct of a number of energy-related activities, including electricity generation and supply.

With the commencement of certain provisions of the Energy Act 2016 in late April 2017, the statutory powers available to the CER in performing these functions have been significantly enhanced. The CER is also on the verge of being renamed as the "Commission for Regulation of Utilities".

Expanding the arsenal

The CER's primary tool of energy licence enforcement had previously been its ability to revoke the licence. This method of enforcement could be considered as a "nuclear option", if that form of generation were not prohibited in Ireland (!). An all-or-nothing penalty can, however, be difficult and counterproductive to invoke.

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