11 March 2011
ENERGY INDUSTRY ACT
B.E. 2550 (2007)
BHUMIBOL ADULYADEJ, REX.,
Given on the 9th day of December, B.E. 2550;
Being the 62nd Year of the Present Reign
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:
Whereas it is deemed appropriate to enact a law on energy industry operation;
This Act contains certain provisions that restrain the rights and liberty of an individual, which is allowed by the provisions under Section 29, conjoined with Section 33, Section 41, Section 42 and Section 43 of the Constitution of the Royal Kingdom of Thailand.
His Majesty the King, by and with the advice and consent of the National Legislative Assembly, is graciously pleased to enact an Act as follows:
This Act shall be called the “Energy Industry Act, B.E. 2550.”
This Act shall come into force as from the day following the date of its publication in the Government Gazette.
This Act is not enforceable on the following cases:
(1) Petroleum industry under the law on petroleum, exclusively those located in the exploration blocks or between the exploration blocks that are associated with each other.
(2) Petroleum industry under the law on Thailand-Malaysia Joint Organization and the law on other joint organizations of the like, exclusively in the joint development areas or areas with a similar sense.
(3) The safety standards of petroleum transportation and storage under the law on petroleum control.
(4) The application to be a petroleum trader, the report on the trade volume, the reserve and the petroleum quality under the law on petroleum trade.
This Act shall have effect on any conduct of the energy industry undertaken anywhere in Thailand.
In this Act,
“Energy” means electricity or natural gas.
“Renewable energy” means renewable energy under the law on the National Energy Policy Council.
“Natural gas” means hydrocarbon compounds with methane being the major component, in the form of gas or liquid.
“Energy industry” means the electricity industry, the natural gas industry or the energy network system business.
“Electricity industry” means the production, procurement, transmission or distribution of electricity, or the control of a power system.
“Natural gas industry” means the natural gas transmission through pipelines via a natural gas transmission system, natural gas storage and transformation of natural gas from liquid to gas, natural gas procurement and wholesale, or natural gas retail via a natural gas distribution system, exclusive of the natural gas industry operation in the transportation sector.
“Energy network system” means a power network system or a natural gas network system.
“Power network system” means a power transmission system or a power distribution system.
“Power system” means a power generation system, a power transmission system and a power distribution system which are under the operation and control of licensees.
“Power generation system” means the power generation system of a licensee from the power plant to the connecting point with a power network system, and shall mean to include the fuel supply system for the power generation.
“Power transmission system” means a system that transmits electricity from a power generation system to a power distribution system, and shall mean to include the power system operator controlling that given power transmission system.
“Power distribution system” means a system that transmits electricity from a power transmission system or a power generation system to power consumers who are not licensees, and shall mean to include the power system operator controlling that given power distribution system.
“Natural gas network system” means a natural gas transmission system or a natural gas distribution system.
“Natural gas transmission system” means a pipeline system used for receiving natural gas from a natural gas purchasing point and for transmitting it to a natural gas distribution point or a natural gas distribution system or a power plant of the Electricity Generating Authority of Thailand or a power plant of an Independent Power Producer, including the equipment or any other thing necessary for receiving and transmitting natural gas.
“Natural gas distribution system” means a pipeline system connecting with the natural gas transmission system, including the equipment or any other thing necessary for the distribution of natural gas.
“Energy network system operator” means the power system operator or the natural gas transmission operator.
“Power system operator” means the agency responsible for the power system control.
“Energy industry facility” means a building, a location, machinery, an energy network system and any other equipment used in the energy industry operation.
“Tariff” means the price of energy per unit, cost of services or conditions of service provision, or other fees that a licensee charges energy consumers.
"Thailand" includes also the areas of the continental shelf over which the Kingdom of Thailand has jurisdiction under the principles of international laws or under compacts made with foreign governments;
“Fund” means the Power Development Fund.
“License” means a license for the energy industry operation.
“Licensee” means a person who has been granted a license for the energy industry operation.
“ERC” means the Energy Regulatory Commission.
“Office” means the Office of the Energy Regulatory Commission.
“Secretary General” means the Secretary General of the Energy Regulatory Office.
“Competent official” means a person appointed by the ERC to have the authority and duties to execute the work under this Act.
“Minister” the Minister who has the care and charge of this Act.
The Minister of Energy shall have charge and control of the execution of this Act and shall be empowered to issue Ministerial Regulations for the execution of the work under this Act.
Such Ministerial Regulations shall come into effect upon their publication in the Government Gazette.