GNERC Charter
Georgian National Energy and Water Supply Regulatory Commission
Resolution №6
6 March 2014
Tbilisi
On Approving the Charter of the Georgian National Energy and Water Supply Regulatory Commission
Under the Article 20(4) of the Law of Georgia on Normative Acts and sup-paragraph “a” of the Article 5(1) of the Law of Georgia on Electricity and Natural Gas, Georgian National Energy and Water Supply Regulatory Commission approves that:
Article 1. Charter of the Georgian National Energy and Water Supply Regulatory Commission shall be adopted.
Article 2. Upon entry into force of this Resolution the resolution of February 28 N2 on approval of Charter of the Georgian National Energy and Water Supply Regulatory Commission shall be declared invalid.
Article 3. This Resolution shall enter into force on the date of its publication.
Annex
Charter of the Georgian National Energy and Water Supply Regulatory Commission
Article 1
General Provisions
- Georgian National Energy and Water Supply Regulatory Commission (hereinafter the Commission) is a body defined under the Law of Georgia on "Independent National Regulatory Authorities", which is not established on the basis of public funds.
- The Commission is a Legal Entity of Public Law with special capacity, which is not controlled by any state institution. The Commission is independent from state bodies and acts in accordance with defined authorities under the Law of Georgia on "Independent National Regulatory Authorities" and Law of Georgia on "Electricity and Natural Gas".
- The Commission is independent in its activities and is subject to the Legislation of Georgia.
- The Commission owns a seal with an image of Coat of arms of Georgia and indication of his name, independent balance, corresponding bank accounts in national and foreign currencies;
- One of the sources of funding of the Commission’s budget is regulatory fee, which is associated with the public and independent exercise of the regulatory functions of the sectors under its jurisdiction according to the legislation of Georgia.
- Before March 31 the Commission submits an annual report of the previous year activities and sends it to the President of Georgia, the Parliament of Georgia and the Ministry of Energy of Georgia. The Report is available to public;
- The legal address of the Commission is: 19 A. Mitskevichi Street, Tbilisi.E-mail: mail@gnerc.org ; Webpage: www.gnerc.org .
Article 2
Functions of the Commission
The main functions of the Commission are to:
- a) regulate the activities of the licensees, law capacity power plants, importers, exporters, market operator and a supplier, as well as monitor of electricity market;
- b) set licensing rules and conditions for the electricity generation, transmission, dispatch and distribution, natural gas transportation and distribution, as well as for water supply sector; grant licenses, amend and repeal them under the Law of Georgia on the "Licenses and Permits" and law of Georgia on "Electricity and Natural Gas;"
- c) develop and approve the charter of administrative proceedings, the procedural rules for dispute resolutions, the calculation rules and amounts of regulatory fee, the rules of supply and consumption, tariff methodology, tariffs (including marginal tariff), the calculation rules and amounts of normative losses; approve grid code; approve standard conditions presented by Market Operator, dispatch and transmission licensees; approve Unified System of Account for all licensees in energy sector; develop and approve other normative-legal acts in the cases envisaged in Legal act;
- d) set and regulate the tariffs for electricity generation, transmission, dispatch, distribution, pass through, import and export, service of Market Operator; natural gas transportation, distribution, pass through, supply and consumption; drinking water supply, pass through, sewerage; as well as set and regulate guaranteed capacity cost and electricity generation tariff of guaranteed capacity source under Law of Georgia on "Electricity and Natural Gas", the main directions of state policy in energy sector, as well as normative legal-acts adopted on their basis and established methodology;
- e) set connection fee for a new consumer on electricity transmission or distribution network, natural gas distribution network and water supply systems;
- f) solve disputes among licensees, low capacity power plants, importers, exporters, suppliers and consumers and market operator within its competence;
- g) control license conditions for electricity, natural gas and water supply sectors and carry out appropriate actions in case of violation;
- h) define consumption norms for drinking water;
- i) organize and coordinate certification process in energy sector;
- j) allow the licensee to terminate, decrease or increase license service conditions envisaged in the license;
- k) ensure legal basis for stable supply of electricity and natural gas, as well as water supply service to the consumers of all categories;
- l) approve service terms and rules for licensees, law capacity power plants, importers, exporters, suppliers and for Market Operator;
- m) approve the procedures on service record, preparing/sending the report of electricity, natural gas and water supply sectors, as well as payment procedures for electricity, natural gas and water supply service costs;
- n) enhance effectiveness of electricity generation, transmission, dispatch, distribution, import, export and consumption, natural gas import, transportation, distribution, supply and consumption and water supply activity.
Article 3
Authority of the Commission
The Commission is authorized to:
- a) request information, documentation or other materials necessary for performing functions under legislation of Georgia from State entities, physical or legal persons and officials;
- b) issue Decisions (Decision, Resolution, etc.) binding for licensees, natural gas suppliers, importers, exporters, low capacity power plants, Market Operator and consumers in order to carry out its functions in the cases envisaged by the Legislation of Georgia;
- c) send the Commission staff members on a business trip for participation in meetings or programs in Georgia or abroad in order to improve professional skills, share and gain the experience;
- d) create permanent and the temporary committees and / or working groups;
- e) become a member of and cooperate with relevant international and local organizations;
- f) provide improvement and expansion of the material and technical basis, financial incentives and social welfare for staff according to the rules determined in the legislation of Georgia;
- g) stand in the court as an applicant or a defendant;
- h) organize and coordinate the voluntary and mandatory certification activities according to the rules defined in the Legislation of Georgia;
- i) ensure publicity of all Resolutions, Decisions, Notes, Licenses and other documents if they do not include state, professional, commercial or private secrets;
- j) give official explanation of legal acts adopted by the Commission;
- k) carry out other legal obligations under the Legislation of Georgia.
Article 4
Management of the Commission
- The Commission consists of 5 members. Law of Georgia on “Electricity and Natural Gas” sets rules for appointment, termination of authority and/or dismissal from office of Commissioners and Chair, as well as rules for appointment of new Commissioner in place of Commissioner released before the expiration of the term.
- A commissioner shall suspend political party membership for the whole period of holding the post. The creation of political parties, public organizations and their structural units within the Commission is prohibited;
- The Commission is a collegial administrative body where legal acts are adopted on the basis of voting with majority votes;
- While making decisions by the Commission each Commissioner has one vote;
- It is possible to discuss an issue at a public hearing if at least 3 Commissioners are attending;
- Decision on the discussed issue is adopted if it is supported by more than half of the attending Commissioners. A commissioner is not eligible to refrain from voting. The distinct position of the Commissioner is indicated in the protocol of the Commission hearing;
- The Chairman of the Commission:
a)presides public hearings of the Commission and is responsible for abiding procedural rules by the Commission in the process of approving Resolutions and Decisions and for their publication;
- b) is responsible for administrative management of the Commission and its staff;
- c) approves the amount of salaries for Commissioners and staff;
- d) appoints / dismisses the staff of the Commission with the consent of the Commissioners;
- e) manages Commission's property under Legislation of Georgia;
- f) represents the Commission in Georgian and foreign state bodies and international organizations;
- g) issues individual legal acts/orders within the competence of the Commission according to the established rule;
- The Commissioner:
- a) carries out duties and powers of the Chair in case of his/her absence under the order of the Chair;
- b) carries out correspondence according to the established rule;
- c) issues instructions to the Commission's staff;
- d) receives documents from the licensees and works with its staff within his/her competence;
- e) carries out other functions under the legislation of Georgia;
- To fulfill its functions the Commission has a staff. Activities of the staff are coordinated by the Executive Director, who has a deputy.
10 Executive Director:
- a) coordinates the activities of the structural units of the Commission;
- b) carries out general management of Department of Human Recourses and Chancellery, Department of Procurements, Property Management and Logistics, Finance-Budgetary Department and IT and software department;
- c) prepares the draft agenda of Commission hearings and supports the Commission with the necessary materials and information;
- d) carries out Intermediary correspondence with relevant parties in the process of reviewing received letters, applications and complaints;
- e) manages the preparation of the Commission budget and controls the timely payment of regulatory fee;
- f) controls the purposeful use of budgetary funds and signs the relevant accounting documents;
- g) draws up the documents and carries out correspondence on behalf of the Commission related to the issues within the competence of the structural units under his/her general management (except the contracts about working relationships);
- h) in case of administrative violation defined in the Article 921 of Code of Administrative Violations of Georgia he/she prepares protocol on administrative violations based on the documentation submitted by the Commission’s structural units;
- i) coordinates preparation of Commission’s annual report.
- Deputy Executive Director carries out various tasks according to the Executive Director’s instructions. In absence of the Executive Director, Deputy undertakes his/her duties.
Article 5
Property and finances of the Commission
- The main source of the Commission’s Budget is regulatory fee paid by regulated entities.
- The rule of determining the amount of regulatory fee and terms of payment are set according to the legislation of Georgia under the Resolution of the Commission.
- The Commission approves the budget of following year no later than October 1 of each year, which should reflect all expenses in order to carry out the Commission's functions, rights and responsibilities, including salaries and incomes of the Commissioners and the staff. The Commission is obliged to publish its budget.
- Regulatory fee shall be transferred to the bank account of the Commission. The Commission exclusively manages funds in the bank account. Unused funds will be transferred to the account of the following year, with a corresponding reduction of the regulatory fee. If necessary the Commission is eligible to take a loan. Payment of this loan and interest related to it is made from the regulatory fees of the next year.
- The Commission can be funded from the state budget and can receive grants.
- The commission prepares and publishes financial report of the previous year before March 31 of each year, where regulatory fees received on the Commission’s account and other funds used by Commission are reflected. The Commission is obliged to make financial report available to the public.
- The property of the Commission includes fixed and current assets, financial resources, which are reflected in the independent balance sheet.
Article 6
Commission Staff and Structural Units
- The Chair appoints and dismisses the Commission staff member in agreement with the Commissioners under the Legislation of Georgia. Commissioners’ authority equally applies to the staff, except administrative management.
- The manning table of the Commission staff is approved by the decision of the Commission.
- Vacancies in the apparatus of the Commission shall be occupied on the basis of the competition. The Chair signs the employment contract with employee of the apparatus and issues the relevant order.
- This charter defines functions of the structural units and sub-units of the Commission apparatus. The structural units of the Commission are:
- a) Advisory Board;
- b) Electricity Department;
- c) Natural Gas Department;
- d) Water Supply Department;
- e) Tariff and Economic Analysis Department;
- f) Legal Department;
- g) Regulation Improvement and Methodological Support Department;
- h) Consumers’ Disputes Department;
- i) Public Relation’s Department;
- j) International Relations’ Department;
- k) Department of Human Resources and Chancellery;
- l) Department of Procurements, Property Management and Logistics;
- m) Finance-Budgetary Department;
- n) IT Department;
- o) Apparatus of Chair and Commissioners;
o1) Commercial Service Quality Control Department;
- The Advisory Board is headed by Chief Advisor and the Department - by the Director, who may have deputy (deputies). The Department may include the Division. The Division is managed by the Head of the Division
Article 7
Public Defender of Consumers' Interests
- The office of Public Defender of Consumers' Interests exists independently of the Commission’s apparatus to create additional guarantees for the protection of consumers’ interests.
- The activity of the Public Defender is a part of the regulatory activity; it is financed from the regulatory fee and is reflected in the Commission’s Budget.
- The manning table of Public Defender’s office and its budget is approved by the Commission. The selection and appointment rules for the Public Defender are defined by the Law of Georgia on "Independent National Regulatory Authorities”.
- In case if Public Defender is unable to perform his/her duties one of the assistants nominated by the Public Defender undertakes his/her obligation under the Order of the Chair.
Article 8
Rights and Obligations of the Heads of the Structural Units
- A Director of a structural unit (department) of the Commission:
- a) defines functional duties of every staff member under his/her subordination;
- b) manages activity of a structural unit in compliance with the legislation of Georgia, this Charter and instructions from the Chair and Commissioners;
- c) is responsible for proper fulfillment of structural unit functions;
- d) allocates functions among the structural sub-units and ensures their coordinated functioning;
- e) vises the documents prepared in the structural unit;
- f) prepares quarterly and annual reports of the structural unit, as well as reports for any other period upon the instruction of the Chair;
- g) fulfills other duties assigned by the Chair or Commission within his/her competence.
- A head of a structural sub-unit (division):
- a) is responsible for proper fulfillment of the division’s functions;
- b) allocates functions among the division’s staff members and ensures accurate and timely fulfillment of their duties;
- c) vises documents prepared in the structural sub-unit.
- In case if Chief Advisor is unable to perform his/her duties one of the Senior Advisor undertakes his/her obligation under the Order of the Chair. In case if Director of the structural unit is unable to perform his/her duties the Deputy Director undertakes his/her obligation under the Order of the Chair. In case if there is no Deputy Director in structural unit the Head of structural sub-unit (Division) undertakes the obligations of the structural unit Director under the Order of the Chair; In case if there is no Head of structural sub-unit the upmost position holder in the structural unit undertakes his/her obligation under the order of the Chair.
Article 9
Advisory Board
- Advisory board includes Chief Advisor, Senior Advisor and Advisors. Chief Advisor is a head of Advisory Board.
- Advisory Board:
Article 10
Electricity Department
- The main functions of the Electricity Department are to:
- a) conduct technical expertise of license seeker documentation in electricity sector, prepare conclusion and obtain appropriate expertise conclusions on these issues from the other departments of the Commission;
- b) prepare issues on granting, amending and/or terminating of a license in electricity sector to discuss at the Commission Public Hearing;
- c) create database of electricity licensees and other qualified enterprises in the form determined by the Chair;
- d) prepare relevant conclusions on the basis of analyze of technical reports submitted by electricity sector licensees and other qualified enterprises;
- e) control, and if necessary inspect, the fulfillment of the Commission requirements and license terms by electricity sector licensees and fulfillment of the Commission requirements of other qualified enterprises; develop proposals on revealed violation in compliance with the legislation of Georgia and prepare the issues for the Commission Public Hearing;
- f) estimate investment projects presented by electricity licensees and prepare relevant conclusions on them within its competence;
- g) estimate new investment projects that should be implemented in energy sector and prepare relevant conclusions on them within its competence;
- h) expertise of the requirements and the corresponding documentations related to setting normative losses by the initiative of the Commission or electricity sector licensees and prepare relevant conclusions;
- i) prepare dispute solving issues among consumers, licensees, low capacity power plants, importers, exporters and Market Operator in electricity sector and present at the Commission Public Hearing;
- j) develop drafts of grid rules;
- k) develop the draft of calculation rule and the amount of normative losses;
- l) monitor and analyze electricity market within the competence of the Commission;
- m) create database on electricity trade within the competence of the Commission;
- n) inspect meters used in wholesale metering if necessary;
- o) discuss standard conditions provided by Market Operator, dispatch and transmission licensees and present it for approval at the Commission Public Hearing ;
- p) prepare drafts of the Commission legal acts together with other structural units on the issues within its competence;
- q) control the fulfillment of the Commission normative and individual administrative-legal acts within its competence;
- r) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- s) review and react to applications and letters on the issues within the competence of the department.
Article 11
Natural Gas Department
The main functions of the Natural Gas Department are to:
- a) conduct technical expertise of license seeker documentation in natural gas sector, prepare conclusion and obtain appropriate expertise conclusions on these issues from the other departments of the Commission;
- b) prepare issues on granting, amending or/and terminating of a license in natural gas sector to discuss at the Commission Public Hearing;
- c) create database about licensees and participants of natural gas sector in the form determined by the Chair of the Commission;
- d) prepare relevant conclusions on the basis of analyze of technical reports submitted by natural gas sector licensees;
- e) control, and if necessary inspect, the fulfillment of the Commission requirements and license terms by natural gas sector licensees and fulfillment of the Commission requirements of natural gas suppliers; develop proposals on revealed violation in compliance with Legislation of Georgia and prepare the issues for Commission Public Hearing;
- f) estimate investment projects presented by natural gas licensees and prepare relevant conclusions on them within its competence;
- g) estimate new investment projects that should be implemented in natural gas sector and prepare relevant conclusions on them within its competence;
- h) expertise of the requirements and the corresponding documentations related to setting normative losses by the initiative of the Commission or natural gas sector licensees and prepare relevant conclusions;
- i) prepare dispute solving issues among licensees, suppliers or licensees and suppliers in natural gas sector and present them at the Commission Public Hearing;
- j) monitor and analyze natural gas market within the competence of the Commission;
- k) create database on natural gas trade within the competence of the Commission;
- l) develop the draft of calculation rule and the amount of normative losses;
- m) prepare drafts of the Commission legal acts together with other structural units on the issues within its competence;
- n) control the fulfillment of the Commission normative and individual administrative-legal acts within its competence;
- o) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- p) review and react to applications and letters on the issues within the competence of the department.
Article 12
Water Supply Department
- The main functions of the Water Supply Department are to:
- a) conduct technical expertise of license seeker documentation in water supply sector, prepare conclusion and obtain appropriate expertise conclusions on these issues from the other departments of the Commission;
- b) prepare issues on granting, amending or/and terminating of a license in water supply sector to discuss at the Commission Public Hearing;
- c) create database about licensees and participants of water supply sector in the form determined by the Chair of the Commission;
- d) prepare relevant conclusions on the basis of analyze of technical reports submitted by water supply sector licensees;
- e) control, and if necessary inspect, the fulfillment of the Commission requirements and license terms by water supply sector licensees; develop proposals on revealed violation in compliance with Legislation of Georgia and prepare the issues for Commission Public Hearing;
- f) estimate investment projects presented by water supply sector licensees and prepare relevant conclusions on them within its competence;
- g) estimate new investment projects that should be implemented in water supply sector and prepare relevant conclusions on them within its competence;
- h) expertise of the requirements and the corresponding documentations related to setting normative losses by the initiative of the Commission or water supply sector licensees and prepare relevant conclusions;
- i) prepare proposals on drinking water consumption norms;
- j) develop the draft of calculation rule and the amount of normative losses;
- k) prepare dispute solving issues among water supply licensees to present them at the Commission Public Hearing;
- l) evaluate and supervise the activities of water supply licensees within the competence of the Commission;
- m) prepare drafts of the Commission legal acts together with other structural units on the issues within its competence;
- n) control the fulfillment of the Commission normative and individual administrative-legal acts within its competence;
- o) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- p) review and react to applications and letters on the issues within the competence of the department.
Article 13
Tariff and Economic Analysis Department
- The main functions of the Tariff and Economic Analysis Department are to:
- a) review the tariff application and enclosed materials submitted by electricity, natural gas and water supply sector licensees /suppliers and Market Operator; prepare relevant conclusions and proposals;
- b) calculate tariffs for electricity generation, transmission, dispatch, distribution, pass through, consumption, market operator service, guaranteed capacity fee and electricity generation tariff of guaranteed capacity source; calculate tariffs for natural gas transportation, distribution, pass through, supply and consumption; calculate water supply tariffs;
- c) analyze and monitor economic condition of licensees, suppliers and market operator in electricity, natural gas and water supply sectors for the purpose of tariff regulation;
- d) develop tariff setting methodology for electricity, natural gas and water supply sectors together with relevant departments;
- e) develop Uniform System of Accounts for all licensees;
- f) prepare relevant conclusions through analyzing financial reports submitted by electricity, natural gas and water supply sectors licensees , low capacity power plants, importers, exporters, suppliers, market operator;
- g) conduct a cost audit of the utilities under tariff regulation; conduct comparative analyses of the utility costs on the basis of pre-defined criteria;
- h) calculate a new consumer connection fee to electricity transmission or distribution network, gas distribution network and also to water supply system;
- i) calculate coefficient of regulatory fee on the basis of the forecasting budget of the Commission;
- j) prepare drafts of the Commission legal acts together with other structural units on the issues within its competence;
- k) control the fulfillment of the Commission normative and individual administrative-legal acts within its competence;
- l) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- m) review and react to applications and letters on the issues within the competence of the department.
Article 14
Legal Department
The main functions of Legal Department are to:
- a) expertise legally license seeker documentation in electricity, natural gas and water supply sectors, as well as Market Operator documentation, and tariff applications;
- b) review the drafts of Commission Decisions and prepare legal conclusions;
- c) monitor the fulfillment of the Commission Resolutions and Decisions by the entities under the regulation of the Commission; control the fulfillment of the individual administrative-legal acts of the Commission within it competence;
- d) prepare legal conclusions on disputes among Market Operator, licensees, low capacity power plants, importers, exporters, suppliers and consumers and participate in review process;
- e) prepare administrative-legal acts of the Commission and participate in preparation process;
- f) ensure legal support of the Commission activities;
- g) represent the Commission at the Court on the basis of appropriate notice;
- h) expertise legally agreements to be signed by the Commission;
- i) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- j) review and react to applications and letters on the issues within the competence of the department.
Article 15
Regulation Improvement and Methodological Support Department
The main functions of Regulation Improvement and Methodological Support Department are to:
- study and analyse challenges in Georgia and best international practice in order to develop services and competition, including fair conditions and balanced environment, in electricity, natural gas and water supply sector;
- prepare drafts of regulatory legal acts based on the analysis of current challenges and best international practice;
- study, methodologically process and coordinate the discussion of the proposals submitted by utilities and other entities for the purpose of continuous and consistent development of regulation;
- inform other governmental institutions and coordinate with them the amendments on regulation development, approval of which are not within the competence of the Commission;
- analyze results of selective observation of enforcement of the Commission’s resolutions and services rendered by utilities in order to reveal systemic deficiencies and prepare the issue for the discussion at the Commission public hearing in case of reveal of possible violation of license conditions;
- develop proposals to address those deficiencies, the improvement of which are vital for the advancement of quality of services rendered by the utility;
- develop projects aimed at increasing availability of services offered by utilities and coordinate their implementation;
- analyse impact of projects aimed at developing services and competition on regulated utilities, as well as support and control of reforms undertaken by the Commission in that direction;
- contribute to the development of the report on regulated activities of utilities and their consolidation;
- elaborate proposals aimed at efficient functioning of supervisory mechanism of utilities’ activities, study proposals developed by other structural units and coordinate joint discussion;
- discuss applications and letters on issues falling within the competence of the Department and prepare responses;
- control the fulfillment of the Commission normative and individual administrative-legal acts within its competence;
- prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair.
Article 16
Consumer Disputes Department
The main functions of Consumer Disputes Department are to:
- a) study the disputes on the one hand between licensees, low capacity power plants or suppliers and on the other hand consumers, settle the disputes or prepare relevant issues for the Commission Public Hearing;
- b) prepare corresponding proposals on the revealed violations about liability envisaged in the legislation and prepare issues for the Commission Public Hearing;
- c) prepare drafts of the Commission legal acts together with other structural units on the issues within its competence;
- d) control the fulfillment of the Commission normative and individual administrative-legal acts within its competence;
- e) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- f) review and react to applications and letters on the issues within the competence of the department, including connection of a new customer to the distribution network and time-periods for connection to the water supply system.
Article 17
Public Relations Department
The main functions of Public Relations Department are to:
- a) disseminate information about Commission Decisions, Commission Agenda, information about Commission and staff activity and other issues in the form of press-digest;
- b) prepare and disseminate annotations on current events in energy and water supply sectors;
- c) organize press conferences;
- d) review and analyze daily the press and TV programs and if necessary react to them within its competence;
- e) inform the public about current situation in energy and water supply sectors;
- f) update the Commission website regularly; upload Commission Resolutions, Decisions, minutes, annual reports, also information about electricity, natural gas and water supply sectors on the Commission website;
- g) protocol support of the Commission activities, which means to organize the international visits for the Chair, Commissioners and the staff; organize visits of international organizations; organize and prepare different meetings, conferences and seminars;
- h) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- i) review and react to applications and letters on the issues within the competence of the department.
- The Commission communicates with media and nongovernmental organizations via press speaker, who at the same time is the Deputy Director of the Department.
Article 18
International Relations Department
Main functions of International Relations Department are to:
- a) ensure relations of the Commission with foreign energy institutions and various international organizations;
- b) coordinate international relations of the Commission; participate in the planning and execution of the international projects:
- c) prepare proposals for the improvement of legal acts of Georgia, based on the analysis of active European legislation;
- d) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- e) review and react to applications and letters on the issues within the competence of the department.
Article 19
Chancellery and Human Resources Department
- The main functions of Chancellery and Human Resources Department are to:
- a) manage Human Recourses and develop recommendations for the purpose of its optimization;
- b) prepare drafts of the Chair Orders on assign/dismiss, promotion, post changing, use of incentives and disciplinary sanctions, vacations and business trips of employees under established rule;
- c) register and systemize the Chair Orders;
- d) develop code of ethics of the Commission staff and monitor its fulfillment; control the fulfillment of working discipline of employees;
- e) manage personnel paperwork, compile personal files, organize drawing up the Labor Contracts with the employees;
- f) prepare job description together with relevant structural units for the Commission staff employees; develop evaluation criteria for duties and work performance;
- g) prepare retirement documentation for the Commission staff employees and submit them to the social service bodies;
- h) create staff vacation schedule and manage its fulfillment;
- i) organize competition for vacant position in the Commission;
- j) develop proposals on professional training and retraining of Commission staff and ensure organizational issues;
- k) support decisions about internships in the Commission;
- l) issue and register the service cards for Commission staff in compliance with the set rule by the legislation;
- m) analyze computer registered data of staff attendance;
- n) provide unified paper work of the Commission; provide regular monitoring and special activities for fulfillment of deadlines of administrative proceedings on the received correspondence;
- o) organize secret paperwork of the Commission; ensure confidential regime for the secret information and documentation under the Legislation of Georgia;
- q) control fulfillment of the Chair, Commissioners, and the Executive Director Instructions; provide methodological guidance for the paperwork of the Commission structural units;
- r) organize availability of public information and release of information in a timely manner;
- s) keep and organize Commission archives; ensure keeping of the cases and operative use of archived documents;
- t) keep register of licensees’ inspection acts;
- u) use strict registration forms and provide registration/reporting;
- v) organize Commission public hearings and staff meeting; receive documents to be discussed at the Commission public hearing and present them to the Commissioners; organize invitation of Commission public hearing attendants and provide them with necessary information;
- w) keep minutes of Commission public hearings;
- x) keep register of Commission legal acts;
- y) ensure registration of adopted normative administrative-legal acts at the State Register in compliance with the established rules; ensure official publication of normative acts;
- z) keep license register; ensure publication of license register data in "Legislative Herald of Georgia";
- aa) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- bb) review and react to applications and letters on the issues within the competence of the department;
- cc) prepare drafts of the Commission legal acts together with other structural units on the issues within its competence.
- The structural subunits of the Chancellery and Human Recourses Department are:
- a) Human Recourses Division, which carries out function described in Subparagraphs “a”-“m” of this Article, as well as in Subparagraphs "aa"-"cc" within their competence.
- b) Chancellery, which carries out function described in Subparagraphs “n”- “z” of this Article, as well as in Subparagraphs "aa"-"cc" within their competence.
Article 20
Department of Procurements, Property Management and Logistics
The main functions of Department of Procurements, Property Management and Logistics
are to:
- a) plan the procurements; set up procurement plan and agree it with Finance-Budgetary Department and if necessary adjust it within the scope of the approved annual budget;
- b) carry out procurement procedures during the year under established rule, including performing of preparatory activities, determination of estimated costs, selection of means of procurement under the legislation of Georgia, preparation and processing of tender documentation, carrying out procurement of goods, services and work via chosen means of procurement, conducting procurement procedure within its competence and receiving, issuing and recording of relevant documentation;
- c) prepare draft of procurement contracts, submit them to the Legal Department for the determination of its compliance with the Legislation of Georgia and organize its execution;
- d) register contracts related to procurement together with enclosed documentation;
- e) supervise the obligations related to the procurement contracts together with relevant structural units, control and prepare/review relevant correspondence within its competence;
- f) submit information on state procurement to the State Procurement Agency under the legislation of Georgia;
- g) create proper material and technical conditions for ensuring the activities of the Commission:
- h) study the issues related to improvement of working conditions of the Commission; prepare relevant proposals;
- i) define estimated volumes of annual demands on material and technical support by the request of structural subunits;
- j) participate in the working group of inventory of material assets accounted on the Commission balance;
- k) organize properly office and chancellery/storage facilities;
- l) take responsibility for, supervise and control material assets in office and chancellery/storage facilities ;
- m) provide organizational activities for transferring movable and immovable property to the Commission in temporary use and/or in ownership and control the fulfillment of the obligations by the contractor;
- n) provide organizational activities for transferring Commission’s property to the Commission staff for use, prepare relevant documentation, organize their execution and control the fulfillment of their obligations;
- o) control transactions related to the property of the Commission;
- p) study the case of transferring the property accounted on the Commission balance to other organizations (persons) in ownership, and if necessary organize auctions and competitions for selling of the property accounted on the Commission balance, prepare relevant contract drafts, organize their execution and control the fulfillment of the obligations by the contractor;
- q) prepare drafts of the Commission legal acts together with other structural units on the issues within its competence
- r) study the issues related to property disposal accounted on the Commission balance and prepare proposals and control their fulfillment;
- s) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- t) review and react to applications and letters on the issues within the competence of the department.
Article 21
Finance-Budgetary Department
The main functions of Finance-Budgetary Department are to:
- a) develop the Commission budget draft and control its purposeful use, if necessary prepare draft for amendments to the adopted budget;
- b) manage financial activities of the Commission properly, organize accounting properly, draw up accounting reports and submit them in a timely manner;
- c) manage accounting process, check necessarily primary documents, draw up primary documents in the moment of transaction, execute economic operations in a timely manner;
- d) draw up annual report, analyze financial and economic indicators, prepare proposals for the purpose of their further development;
- e) provide and record the settlement, calculate salaries, prepare salary sheet, calculate business trip, prepare obligation documents and tax requirements;
- f) coordinate relations with the banks;
- g) account fixed assets, intangible assets, inventory in a timely manner, accrue the depreciation and control them;
- h) account tax obligations properly and pay them in a timely manner;
- i) account the requirements and liabilities;
- j) participate in inventory process of the monetary funds, fixed assets, intangible assets, inventory, requirements and liabilities, define inventory results and draw up the results correctly;
- k) keep accounting document, accounting registers, list of expenses, their calculations and other documents, and send them to archive under established rule;
- l) calculate regulatory fee to be paid by regulated entities and submit relevant request, control the payment of the regulatory fee; draw up act of comparison and in case of violation of regulatory fee payment terms develop the proposal for Executive Director on the measures envisaged by the legislation of Georgia;
- m) develop optimal planning and accounting documentation for the purpose of improvement and expanding the scope of economic settlement in the Commission;
- n) prepare drafts of the Commission legal acts together with other structural units on the issues within its competence;
- o) review and react to applications and letters on the issues within the competence of the department
- p) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair.
Article 22
IT Department
The main functions of the IT Department are to:
- a) ensure proper operation and improvement of Commission internal network and central server (servers), connect internal network to the global one (internet);
- b) ensure proper functioning of Commission website and e-mail server;
- c) consult the staff about hardware and software support;
- d) provide the software support for personal computers of the Commission, install/update operational systems and programs; provide technical support to the computer and their peripheral devices, multifunctional and other electric devices, diagnose, repair and update them;
- e) ensure proper functioning, service and development of video surveillance system, computer recording system to monitor employees’ arrival at work and telephone system;
- f) create unified electronic database of the Commission, update it regularly and upload different information necessary for Commission activity;
- g) provide the technical support of the Commission hearing hall, ensure video and audio recording of hearings and create their archives;
- h) back up existing electronic information (including website) regularly;
- i) prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair.
Article 221. Commercial Service Quality Control Department
The main functions of the Commercial Service Quality Control Department are to:
- monitor quality of services rendered by electricity distribution licensees, water supply licensees, natural gas distribution licensees and/or natural gas suppliers to retail customers, coordinate monitoring system and develop relevant proposals for its improvement;
- study and analyse data related to the quality of services rendered by electricity distribution licensees, water supply licensees, natural gas distribution licensees and/or natural gas suppliers to retail customers, prepare relevant conclusions and recommendations aimed at improvement of services;
- ensure proper functioning of commercial service quality monitoring system, including electronic journal on commercial quality, its full utilisation by utilities, reveal deficiencies and mistakes and react to them;
- prepare annual and quarterly reports as well as any other period reports on performed activities upon instruction of the Chair;
- discuss applications and letters on issues falling within the competence of the Department and prepare responses.
Article 23
Chair and Commissioners’ Staff
The main functions of Chair and Commissioners’ Staff are to:
- a) ensure organizational and administrative activity of the Chair and the Commissioners’ Staff;
- b) control the fulfillment of instructions and orders of the Chair and the Commissioners;
- c) organize internal meetings with the Chair and the Commissioners;
- d) fulfill the separate instructions of the Chair and the Commissioners.