The application shall contain the following information
The applying company is responsible for submitting a complete application. Below is a description of what information an application must contain.
Ensure that all documentation and information requested is included in the application before it is submitted to the Swedish Energy Markets Inspectorate (Ei).
Information about the company and or a representative
The following information must be submitted regarding the company or a representative.
Contact information of the company
- Corporate identification number
- Telephone number
- E-mail address
- Contact person in the company who can provide information about the application
- Contact person's position, direct telephone number and e-mail address
Contact information for a representative
- Corporate identification number
- Telephone number
- E-mail address
- Power of attorney proving that the representative has the right to represent the company
Submit the following information in the application
The company shall submit the following information:
- The company shall report if it has applied to be designated or already has been designated in another Member State. A copy of all decisions of designation must accompany the application.
- The company shall report if it is a party to any current legal dispute or arbitration which might affect the assessment.
- The company shall report if it intends to perform both the single day-ahead and intraday coupling, or only one of them.
- The company shall report if it intends to operate in all or only in some of the bidding zones in Sweden.
- The company shall report any considerations and risks that have been taken into account when assessing that the total capital and its structure (equity share versus borrowed capital) in the company is adequate. This shall be done in relation to the nature and scope of an operator.
- The company shall report where and how market participants will have open access to information regarding the tasks of a power exchange in accordance with Article 7 of the Regulation.
- The company shall present a detailed plan on how, with the help of a chart of accounts and distribution keys, it intends to separately report its costs for the NEMO functions and MCO functions described in Article 7.1 and 7.2 in the Regulation in relation to other operations. The company shall also present its accounting processes and how it intends to financially distinguish an operation that is exposed to competition from possible legal monopoly revenues.
- The company shall report if the company is a joint venture that owns power exchanges in several Member States, or if any fractional ownership or other interests exists with other market participants.
- The company shall report its procedures, processes and allocated resources for carrying out market surveillance.
- The company shall report any contractual agreements/arrangements (MoUs) with regulatory authorities and the Agency for the Cooperation of Energy Regulators (ACER) regarding commitments for market surveillance.
- The company shall report its' clearing services, clearing agreements with its clients and clearing fees.
- The company shall present the collateral requirements imposed on its clearing members/clients.
According to the Regulation, a nominated electricity market operator (NEMO) shall act as a market operator on national or regional markets to perform in cooperation with TSOs single day-ahead and intraday coupling. NEMOs' tasks, to which this application relates, are presented in Article 7 of the EU Regulation.
Documents to be submitted with the application
- Board meetings minutes showing that the company's board has approved the application.
- Certificate of registration from the Swedish Companies Registration Office or equivalent in another Member State that is not older than two months.
- Proof of completed tax payments.
- The last three years' annual reports for the company/companies to which the application relates.
- A forecast for the next three fiscal years. The forecast is to be specified per type of activity: NEMO tasks, MCO tasks and the company's other operations, and shall include:
a) A balance sheet and profit and loss statement
b) An analysis of the company's capital.
A sensitivity analysis shall also be submitted showing the impact of a changing assumption (e.g. on volumes) on the specified forecasts and on the company´s capital. The company shall also describe how they intend to finance the operation. If there are parent company guarantees or similar, the circumstances surrounding these shall be reported.
- A business plan that includes the following:
a) The company shall describe its operation in detail and how it corresponds to the designation that the company is applying for.
b) OrganisationIt shall also be indicated whether the company has staff employed in other companies, if the company shares premises and technical equipment with others, and, where appropriate, how the company intends to deal with any resulting privacy issues.
The company shall specify the person/s and their contact information specifically assigned internally for monitoring that the regulatory framework concerning the NEMO tasks is observed. Updated information in this respect shall be continually provided to Ei.
d) Assignment agreements
The company shall report whether they intend to engage a third party to perform work or functions that are essential for the operation. A report shall include the nature and scope of the assignment and how the company intends to ensure that the outsourced operation will be run in accordance with the applicable rules of operation. The company is responsible for all activities subject to designation requirements, whether all functions are performed within the organisation or by a third party.
e) Technical systems and operational reliability
The company shall present the most central IT systems and resources that the operation depends on in terms of, inter alia, ownership and/or access via operating and service agreements. The company shall also specifically report which systems and procedures that are in place to communication with the Swedish TSO Svenska Kraftnät. The plan shall also include a risk analysis with respect to the IT systems, a description of backup systems, and procedures for the ongoing monitoring and documentation of the IT systems' performance and availability.
f) Management of conflicts of interest
The business plan shall include a description on how the company will deal with potential conflicts of interest between the company and its owners, as well as conflicts of interest between performing an efficient MCO function and other operations. If the company has adopted guidelines or other internal rules for identifying and managing conflicts of interest, these should be attached to the business plan.
- A list of the shareholders who control more than 5 per cent of the votes in the company. A detailed description of the shareholder/s who exercise control in accordance with the concept of control as it is specified in Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings, OJ L 24, 29.1.2004. p. 1.
- A list of the company's board members, managing director, corresponding chief financial officer and authorised signatories, and a detailed description for each one concerning any other commitments and business that relates to other market participants.
- Rules and contract terms that guarantee that all market participants are treated equally and in a non-discriminatory manner.
- A written confirmation from the Swedish TSO, Affärsverket Svenska kraftnät, that necessary IT-systems and routines are in place between the company and Affärsverket Svenska kraftnät.
A declaration is to be attached as a separate appendix
The company shall also submit a declaration in a separate appendix.
The following information shall be included:
- I hereby certify that the information provided in this application is true, correct and complete.
- Place and date
- Signatory or authorised representative's signature
- Name clarification