ARSEL CONCILIATION COMMISSION
The Electricity Sector Regulatory Agency, in its mission to look after the interests of consumers and ensure the protection of their rights, has set up a Commission that reconciles the operator and its users. This Commission, to be effective, operates according to certain predefined stages from its referral, until the execution of the resolutions taken. We have summarized these steps.
Conciliation refers to the amicable settlement reached by people in conflict, if necessary with the help of a third party. It is an alternative, fast and free method of settling disputes, the nature of which does not require the initiation of legal proceedings. It generally involves the intervention of a third party; the judge can play this role himself, this is in particular provided for in the context of the procedure followed before the district court, or entrust this task to a third party. The conciliator is a voluntary justice assistant who offers certain guarantees in terms of discretion and impartiality. It can be seized directly by the parties without any formality, or by delegation of the judge when the parties agree. So the conciliator is responsible for meeting the parties, listening to them and inviting them to adopt a compromise solution.
Step 01: Referral procedure
The applicant creates a file addressed to the Director General of ARSEL, consisting of :
a written, precise and concise request, setting out the reasons justifying the referral to ARSEL, and specifying the full address (names, telephone, PO box, email and place of residence, etc.) of the applicant ; photocopies of supporting documents for the dispute (invoices, cutoff notice, minutes, photos, entry form, contract, etc.).
The file thus constituted must be submitted against discharge to the ARSEL mail service. Remember that this step suspends any repressive proceedings by the operator against the applicant, with the exception of cases of fraud.
Step 02: Preparing for conciliation
The competent services of ARSEL, during the analysis and processing of the case, judge its admissibility and the need to enroll it in conciliation or to deal with it on time.
When the need for the enlistment of the conciliation file is established, it is sent to the operator for information. A convocation is then sent 14 days before the date of the said conciliation to all the stakeholders: applicant, operator, assessors and MINEE.
Step 03: Process of conciliation
It takes place in the presence of all the stakeholders mentioned above with contradictory debates. It is likely to lead to the following outcomes:
inadmissible file for lack of quality of the applicant. You should know that the applicant must be known to the operator (subscription contract in his name); non-conciliation for disagreement between the parties; file adjourned for further information or field trip; conciliation with resolutions.
Stage 04: Descent into the field
It is carried out in the presence of the applicant, ARSEL and the operator. Its purpose is the contradictory verification of the facilities which are at the origin of the dispute. One or more qualified technicians are on the front line in the ARSEL team, which acts as referee.
Step 05: Conciliation report
In the event of conciliation between the parties, ARSEL draws up a conciliation report. Copies are given to the applicant and the operator for the execution and follow-up of the resolutions taken at the conciliation session.