Last December, the CNMC adopted an agreement in response to numerous inquiries received from various public administrations and institutions concerning complaints filed by consumers due to delays or failures in billing by electricity distribution or retail companies, and the intention of these companies, once the error or omission in billing is detected, to charge the outstanding amounts in the next invoice.
The situation leading to this agreement issued by the regulatory body arose from problems experienced by many Spanish households due to electricity bills since June, when the new tariff came into force, causing significant billing discrepancies while distribution companies adapted their pricing and billing systems. Once those systems were updated, retailers sought to regularise the unbilled amounts in a single subsequent invoice, which clearly prejudices consumers by shifting the effects of the billing omission from the supplier to the end users, many of whom cannot afford to pay a lump sum invoice including arrears.
In light of this, the CNMC recalls that Article 96 of Royal Decree 1955/2000, of 1 December, prohibits passing on a billing error to consumers if it causes them harm as a result.
The importance of this agreement lies not only in the principle that the consumer cannot be burdened with the consequences of an error made by the supplier itself, but also in the fact that suppliers or retailers must adopt a proactive approach towards their customers, informing them of the possibility provided under the aforementioned regulation. In the event of a billing error, the unbilled amount must be prorated over as many monthly invoices as the number of months during which the consumer did not receive proper billing.