กฎหมายเพื่อการพัฒนาธุรกิจพลังงานทางเลือก

Abstract

The objectives of this study are to study the policy, policy implementatio and laws (both Thailand and Foreign countries) of atlernative energy business, to study the factors affecting obstacles and promotion for alternative energy business, and to provide suggestions concerning regulatory measures and enforcement in THailand in order to support the alternative energy business. This study is qualitative research using the collective and analysis techniques of documentary research and in-depth interview, which focusing on legal analysis basis. Fact finding from the study revealed that governmental policeis and policy implementation have certain problems, for example lacked of better coverage and clarity, lacked of clear directions, outdated measures and  lacked of investors' confidence in alternative energy. Especially, they do not support the structure of energy regulator to regulate and promote of alternative energy business. There also have been many regulations, some of which were duplicated, not inclusive or precise, and did not facilitate the alternative energy business: and many were obstacles to investment and alternative energy business. Though, many regulations had provided attractive investment incentives that were in accordance withinternational standard and the improvement of modern technology in alternative energy. Therefore, the recommendations are that the appropriated policy should start with by issuing specific policy to reform the structure of alternative energy regulator, to become only one independent unit. The revision and integration of all energy laws to be in unity is necessary, and the reduction of the subsify of traditional energy, as well as reduce the monopolistic power in energy sector that had been controlled by state enterprises are also essential. The suggested substantial law in clude the establishment of independent regulator, the alternative energy regulation, the provisions of clear criteria on legal discretion and law enforcement, the issuing sui generis for the development and promotion on ethanol and bio-diesel and the provisions of incentive measures. All of which must be monitored against the mentioned principle of Better law under the involvement and acceptance from all stakeholders with the main objective of utilizing the law as a tool to promoted alternative energy.