The regulated market in Portugal is based on the principle that the sector's several activities are included in the tariff: electrical production, ultra-high pressure transportation, distribution in high, medium and low pressure and sales.
In Portugal deregulation occurred in production and marketing, ie both activities may be freely operated under licence. The transportation and distribution activities were kept regulated.
The transportation of electrical power is managed by REN (Redes Energéticas Nacionais), while the distribution activity is made by EDP Distribuição, a company of the EDP group.
Marketing companies may acquire electrical power:
- Through the spot market (OMEL);
- Through future contracts (OMIP, the Iberian Energy Market Operator, or auctions);
- Through bilateral agreements.
The supply chain of the electricity sector may be synthesized as follows:

At the same time, the technical management of this system, which is performed by REN, guarantees the reliability of the system.
The tariff
Since only production and marketing of electrical power were deregulated, the sale tariff for end customers in Portugal has three components:
- Access tariff;
- Energy tariff;
- Marketing tariff.
The access tariff includes the regulated activities paid by every electricity end user in Portugal, both in the regulated and liberalised market. This tariff includes activities of the electricity sector that were not deregulated and adjustments following negative balances from past years or structural changes, namely:
- Tariff for using the transportation network;
- Sale tariff of the concessionaire of the National Transportation Network (RNT);
- Use tariff of the distribution network;
- Tariff of the global use of the system.
The access tariff allows competition: every marketing company has free access and in equal conditions to transportation and distribution networks under a marketing licence.
The energy tariff and the marketing tariff is reflected in the tariff of the customers that choose to stay in the regulated market. For clients of the deregulated market, the energy cost is agreed with the marketing company. The marketing margin is decided by the marketing company.
The tariff for using the overall system is the component of the sale tariff to end customers that includes the adjustments of the energy costs which arise from the additional cost with the energy acquired to special regime producers.
Tariff deficit and deviations
Each component of the tariff must reflect the costs with the activity that aims to remunerate. In the market, the final price of the energy component is generated by the matching of supply and demand. Therefore, the energy price must reflect marginal costs for producing electrical power. However, the price of the energy tariff does not reflect the production costs due to motives external to the market.
Two factors contribute to the mismatch between the price of the regulated tariff and the price for the client of the deregulated market:
- Tariff deficit;
- Deviations.
The tariff deficit is based on the regulator's assumption that the price it will propose for the energy tariff, which is the component of the sale tariff to end customers that expresses the cost with energy acquisition, is not enough to cover production costs. It is not possible to reflect that price in the tariff. A deficit is created that, according to the regulations, will be diluted in the tariff in the following five years. The 2006 and 2007 deficits were diluted throughout time in order to be paid in 10 years, according to the legislation.
The deviation occurs when, at the end of the year, the regulator realises that the planned component of the energy tariff was not enough to reflect market costs or that it caused a discount, if the price of electricity was high. The additional cost, or the lower cost, is diluted or discounted in the tariff in the following two years.
The defficit and the deviation with negative balances are different, since the defficit is calculated ex ante, while the deviation is checked ex post. Both are an additional cost with the acquisition of energy that customers will have to pay in the future. The deviation with positive balances is, alike deviation with negative balances, checked ex post. In this case, there is a discount in the following years in order to make the adjustment.
2008 was an atypical year in the evolution of the price of commodities and the price of electricity was no exception. Since the sale tariff to end customers did not include a control mechanism to face extreme variations of the price of energy in the market, the decree-law 65/2008 extended the payment period of deviations occurred in extreme years. The deviation occurred in 2008 will be paid in 15 years starting in 2010 by every consumer.
Special regime production
Special regime production is a type of electrical production that is environmentally advantageous and in certain cases more efficient. The special regime production status is in accordance with the goals to diversify primary energy sources that were defined in 2005.
Special regime production are electrical production sources recognised as renewable along with cogeneration:
- Wind power;
- Mini hydro plants (hydroelectric recycling with installed capacity lower than 30 MW);
- Solar energy;
- Biomass;
- Biofuels.
Cogeneration is an electrical power production process that uses natural gas as a fuel and from which heat (water steam or hot water) is generated. The heat is recycled by the industry that is generally located close to the cogeneration plants. Thanks to this heat recycling, the efficiency of the cogeneration process is close to 80%.
These technologies are favoured in two ways:
- They are the first to be used, having priority in the come into stream. Its production starts before other technologies, such as coal, gas (Combined Cycle) and fuel plants or large hydro plants. The electricity produced by cogeneration plants has priority accessing the network;
- They are remunerated through a tariff higher than the regulated tariff, which reveals the benefits of less poluting and more efficient technologies for Portugal.
Energy produced through special regime production is remunerated above the marginal costs of production. The special regime production does not enter the market to set the daily price.
However, since the last-resort marketing company is enforced to acquire the entire production of the special production regime in accordance with article 49 of the decree-law nº 29/2006, a lesser amount of electricity is acquired in the market. The supply curve of the market is shifted so the matching of supply and demand occurs at a lower point of the demand curve. Therefore, the energy price arising from the daily market is lower.
The additional cost with special regime production, which is included in the access tariff, is the difference between the value paid by energy produced through the Special Regime Production and the price arising from the matching of supply and demand in the daily market.