But the walls of China are not legally in place

In France, the independence of network operators is "not enough security". "It must still be strengthened." Within fifteen days of the presentation by the European Commission, to-, concern to the recent statements by the CRE in its report on codes of conduct and the independence of network operators. Cruise control highlights a whole series of problems and made proposals to improve the situation. CRE participates, with the other European regulators, the development of guidelines on the independence of networks intended to be incorporated in Community requirements.

"First point considered"critical"by the CRE: the managers of networks information systems.""As soon as it is for the mass market, must be computer systems to ensure a fluid treatment of the information necessary for the change of supplier and ensure non-discrimination", explains to the CRE. These systems must, therefore, particularly "prohibit direct access to the historical supplier data clients to the managers of networks, note the regulator in his report." "Integrity of information systems is the independence of the managers of networks, and non-discrimination of their behaviour to all actors in the market." However, what is today "We have no judicial evidence that the operation of information systems is abnormal, but we have also no certainty that it is normal, says Michel Massoni, Director of access to the electricity networks of the CRE." Because, structurally, there is not sufficient China walls between different activities. "We are therefore a warning." The situation is the same for gas, "with perhaps less risk, relativizes Pierre Dreyer, head of the Department access to the infrastructure in the direction of the gas of the CRE." "The number of clients being less important for gas, the transition to new information systems is easier than electricity."

Another problem to which the controller attaches particular importance: the name and visual identity of the managers of networks. Since the last report of the CRE, in 2005, "was not there much progress", still stressed Michel Massoni. He referred to the logos of EDF and EDF network Distribution (ERD), "subliminal" differences that are the color of the reel - orange for EDF and green for ERD (see below). "The proximity of the logos is misleading," he continued. Difficult, therefore, for a small business or an individual, the distinction between the two entities. Same thing in the gas, where Total gas France (TIGF) and France network Distribution gas infrastructure have the same logo as their parent companies.

Equally important, the presence of Directors representing the parent companies to the Board of Directors - monitoring - managers of transport networks is also identified by the CRE. The French law on companies law, administrators or members of the supervisory boards, gives access to all information of a company. And if, for example, thanks to his presence in the Supervisory Board of ten, EDF had access to all the details of the connection of a new plant to a competitor We understand that the CRE issue of "serious reservations" on the extent of the information available to the Directors designated by the parent companies. "There may be conflicts of interest, warns Michel Massoni." These directors will have to be justified at all times to avoid misuse of the information to which, in law, they have access. Should therefore clarify the legal situation and clarify the law. A very high level executives has been in a situation where they can be suspected of violating the confidentiality of commercially sensitive information. "It is not reasonable." Does this mean that EDF and gas of France today have access to information that benefits go to their competitors "They have potentially access, replied Michel Massoni." I do not say that they have, because we have no such evidence. But the walls of China are not legally in place. And so, one day or another, there will be a problem. "One cannot say that it was not warned." To remedy this situation, should act "prohibits specifically the communication administrators to network operators designated by the parent company of network activity-specific information and to provide a competitive advantage to the mother house", claiming the CRE.

The appointment of the leaders of ten, GRTgaz or TIGF - and soon the patterns of filialisées distribution companies - by the Presidents of mothers EDF, gas of France houses or Total raises another problem of independence. "When someone is appointed by the President of a vertically integrated group and that, in addition, once appointed, all safeguards to ensure his career path does are not implemented to avoid friendly pressure on the theme"one day you reviendras here, so it's better to show you"flexible, this cannot work loose Michel Massoni." The protection of the professional interests of the leaders of the managers of networks must be organized by binding texts. However, there is too much latitude. "The guarantee of preservation of their interests is not sufficiently firm." Critics of the CRE on this point are as much electricity as gas.

In the same spirit, the CRE argues that each manager of network communication policy "independent of the integrated company", while EDF, gas of France or Total are sometimes tempted to use the good reputation of the public service of management of the networks for their image. "Where the problem begins, when seen in the commercial communication, with its long experience in the management of networks, such supplier will provide better quality of service, comments still Michel Massoni." "It crossed the boundary of the eligible." In its report, the CRE cites the case of a release of EDF which evokes "es efforts by 1,200 employees of EDF (which) have been recharged by electricity, within 24 hours, more than 380 000 customers". "EDF adds have" learned the lessons of the 1999 storm by implementing a device capable of mobilizing, in a few hours, the human and technical resources necessary to deal with exceptional situations ".""This release should be worn by the managers of networks and non-integrated group", estimated to the CRE. "It is take advantage of the good image of the public service who, in principle, should benefit all suppliers." In the gas, the situation is not nor free of criticism. France gas confuses GRTgaz investments and those of the group, regrets the CRE. On the website of France gas can thus read "France gas invests on its network in France and strengthens its positions in Europe, as an infrastructure of reference Manager." Or even that "it is the first know-how of France gas (as) to transport natural gas in pipelines high pressure from sites of production to suppliers". Another example found by the CRE, the TIGF: "Following the opening of a liaison between the France and the Spain by TIGF press releases published by Total suggested that it was an investment the Total Group and non-network independent Manager." The REC also cites the case of gas in Strasbourg indicating in its annual report, that "the communications policy of the distribution network manager is no different from that of the society of Strasbourg gas"... "it must be that network managers, who work in the interest of all suppliers and all users have their own communication interests they have to defend"explained to the CRE. "And that integrated groups cannot under any circumstances use as commercial argument the performance of the public service of network management." Left to the managers of the group communication networks. "It would be much more clear," concluded Michel Massoni. Not sure however, that the Presidents integrated groups are ready...