Nona Suvarian, Tbilisi
“Kaztransgas-Tbilisi” illegally compels subscribers in the capital of Georgia to change gas-meters for new ones. Furthermore, people have to pay for the new meters. The Energy Regulation Commission of Georgia is also unhappy with the decision. On December 10 the Commission intends to discuss the issue. Supposedly, “KaztransGas-Tbilisi” will be imposed with additional responsibilities aside from fines.
Malkhaz Dzidzikashvili, Defender of the Rights of Subscribers with the National Regulation Commission of Georgian Energy, recently stated that the gas distribution company has been acting illegally for 5-6 months already. However their illicit activities obtained mass character since October of 2008.
Representatives of the Kaztrnasgas-Tbilisi have already requested Manana Kakhabrishvili, a resident of Varketili Upper Plateau, Quarter II, to install new meter based on company policy. The explanation given for being forced to buy new meters relates to the improper functioning of Chinese manufactured gas meters, and how these have been tampered with.
Manana Kakhabrishvili: “I heard rumors that everybody should change meters from employees of the gas company and that unless we do not change them, we will have our gas cut off and can be punished with penalties. The representatives of the company visited all families the day before yesterday in her region and verbally warned us to change the meters. And if we refused, we will be fined or the gas will be cut or fined. We have to take old meters to the office of “Kaztransgas” for a technical examination. We have to write a notification that our meter does not work or does not work properly. If their experts conclude that the meter was damaged, the subscriber will be fined with the price equal to 300-500 cubic meters. Besides that, we are told to buy and install new meters with our own expenses.”
Manana Kakhabrishvili stated that she and her neighbors have no guarantees that experts will not write in the conclusion that their meters were damaged in order to impose fine on them even though their meters were properly functioning.
Nestan Londaridze, lawyer for the Human Rights Center, also became a victim of the unexpected change in procedures and that they company may or may not have a valid claim. It is clear what why employees from “Kaztransgas” have indicated that customers will be made to let the company access their meters without proper protocol, which considers consider to be a form of repression.
Nestan Londaridze: “In such a situation they should draw up a protocol where it will be noted that the meter is actually damaged. A subscriber cannot take the meter and take it to the expertise without having corresponding written document to support the action. When they remove the meter without official document, it causes doubt as to the validity of the claim. The document should describe the conditions of the meter when it was being removed and what violations were detected by the experts from the gas company. If a written protocol has not been drawn up, the experts will be able to write whatever they will wish in the official technical report. Consequently, the rights of the subscribers will have been violated.”
It is clear that much of the problem is related to where the meters were manufactured and how long ago they were installed. Even though those working Kaztransgas have claimed that they are seeking to only check the Chinese meters that were produced 7-8 years ago. However, in follow-up, the Human Rights Center has been addressed by those citizens who claim that these meters were only installed some 2-3 years ago. The gas distribution company representatives say that meter is the property of a gas consume. It is for this reason that the customer must pay for the cost of checking out the meter. Based on statements provided by the company the cost of this service amounts to 8 GEL, and in the event that it is not properly functioning, the consumer must pay a price that is equal to the cost of 500 cubic meters of natural gas at prevailing prices.
The order of the Energy Regulation Commission of Georgia dating September 10, 2004 (order on approval of Natural Gas Consumption Rules) prescribes all the aspects of the terms and conditions applicable to relations between a consumer and energy supplier. It is indicated in the document that “it is forbidden to cut off gas supply to a consumer without a proper warrant from Energy Distribution Commission of Georgia, other than instances that are indicated in these rules.”
Malkhaz Dzidzikashvili says that Kaztransgas has right to inspect meters but in this case the distribution company must pay for inspection itself.
“If a meter does not work and a gas consumer is not in anyway responsible, then the consumer is not required to pay the cost of the new meter.”
The office of energy Ombudsman has already received about 20 applications from consumers. They complain about Kaztransgas-Tbilisi. They claim that the gas distribution company forces them to buy new meters even if the consumers have nothing to do with the fact that meters are not properly working, or that it is at least claimed that they don’t properly operate.
The Energy Regulation National Commission will discuss the consumers’ complains on December 10. It is planned to impose a 15 000 GEL fine on Kaztransgas-Tbilisi.
Malkhaz Dzidzikashvili: “Kaztransgas will be punished not only with a fine. The Regulation Commission will also impose some responsibilities over Kaztransgas as the company was demanding that consumers had to do something that was against the Natural Gas Consumption Rules. Moreover, consumers were being required to pay for something that was not their responsibility to pay.
The gas company is responsible in those cases where subscribers have already paid and Kaztransgas will be instructed by Regulation Commission to refund the money to subscribers or the subscribers will not pay for the number of cubic meters that is equivalent to the money paid by the customers. “
This is not the first time National Regulation Commission is fining Kaztransgas. Previously the gas distribution company was fined for imposing the responsibilities to the subscribers that were not given in the natural gas consumption rules.
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