New contractual practices for electricity distribution - Research Report

The first part of this study focuses on the electricity distribution concession contract. We draw on the economics of contracts to highlight the specific features of the concession contract, then offer a legal analysis of the current concession contract and the stumbling blocks arising from recent legislative changes. We identify various points likely to evolve during the renewal process (concession facilities, accounting and financial elements, quality of service, and actions linked to the DSO's new missions). Finally, we draw on case studies of local authorities that have recently renegotiated their concession contracts, enabling us to identify best practices and draw conclusions. The second part of the study offers an analysis of the conditions for the effectiveness of the new local governance of electricity distribution. It is based on a historical analysis of the energy policy competencies of the various local authorities, which enables us to understand the new relationships between the different types of energy distribution organizing authorities (AODE) linked to the latest legislative developments (MAPTAM and NOTRe Acts and the Energy Transition for Green Growth Act). We focus on the links between energy syndicates and metropolis/urban communities, which are now at the heart of territorial energy governance. We focus on the problem of renewable energy projects in the most numerous and longest-established territories. The empirical strategy is based on both qualitative analysis (case studies) and quantitative analysis based on survey data collected via a questionnaire sent electronically in May and June 2016 to all Public establishment of inter-communal cooperation (EPCIs) with a AODE status