S.L. 545.34 Art. 48Decisions and complaints.

(1) The Regulator may require transmission system operators and distribution system operators, if necessary, to modify the terms and conditions, including tariffs or methodologies referred to regulation 47 of these regulations, to ensure that they are proportionate and applied in a non-discriminatory manner, in accordance with Article 18 of Regulation (EU) 2019/943. In the event of delay in the fixing of transmission and distribution tariffs, the Regulator shall have the power to fix or approve provisional transmission and distribution tariffs or methodologies and to decide on the appropriate compensatory measures if the final transmission and distribution tariffs or methodologies deviate from those provisional tariffs or methodologies.

(2) Any party having a complaint against a transmission or distribution system operator in relation to that operator's obligations under these regulations may refer the complaint to the Regulator which, acting as dispute settlement authority, shall issue a decision within two (2) months of receipt of the complaint. That period may be extended by two (2) months where additional information is sought by the Regulator. That extended period may be further extended with the agreement of the complainant. The Regulator's decision shall have binding effect unless and until overruled on appeal.

(3) Any party who is affected and who has a right to complain concerning a decision on methodologies taken pursuant to regulation 47 or, where the Regulator has a duty to consult, concerning the proposed tariffs or methodologies, may, within two (2) months, after publication of the decision or proposal for a decision, submit a complaint for review. Such a complaint shall not have suspensive effect.

(4) The Regulator shall take the appropriate measures including administrative action or criminal proceedings in conformity with the law, against the natural or legal persons responsible where confidentiality rules imposed by these regulations have not been respected.

(5) Complaints referred to in sub-regulations (2) and (3) shall be without prejudice to the exercise of rights of appeal under Union or national law.

(6) Decisions taken by the Regulator shall be fully reasoned and justified to allow for judicial review. The decisions shall be available to the public while preserving the confidentiality of commercially sensitive information.