The rights of energy consumers and the state's responsibility

The adequate provision of energy is fundamental to sustained economic growth and development. It is also a critical element towards determining the participation of citizens in social and economic life. As governments around the world have placed almost total reliance on the market to provide sufficient energy to meet our insatiable demand, the energy rights of consumers have been narrowly defined in market terms. Predominantly energy rights have been defined in terms of protection against the negative consequences of competition (e.g. redress against unfair selling practices), the provision of information to allow choice of energy supplier or to make it easier to change supplier, and forms of price protection for those determined to be the most vulnerable. The state has been instrumental in defining the rights of energy consumers and has ensured their 'promotion' through the establishment of specific oversighting and enforcement agencies. The political rhetoric, accompanying the state's actions, has consistently mentioned fairness, accessibility and affordability although it is debateable as to the extent to which these ideals are met by the currently defined rights of energy consumers. This paper examines the commodification of the rights of electricity and gas consumers [and their attendant obligations on energy consumers] and suggests that these rights need to be redefined to encompass the security of energy supply, including measures to ensure adequate investment in capacity. The security of supply, in the short term and long term, is the key determinant of adequate energy provision which is the responsibility of the state. The paper concludes with a discussion of the actions needed by the state to address this responsibility, and within the context of policy decisions to address climate change.