It is importent that there is a democratic control of the regulation of the energy markets, so the regulaters are not acting in isolation; but in dialogue with the democratic system and concerned citizens. This can be with Citizen's Utilities Boards, consisting of citizens that are elected to advice the regulators, which has been practiced with success in many states in the USA for more than two decades.
It is important to define ”low carbon technology” in the directive. To conform with existing EU policies they must be defined as efficient CHP technoligies as it is agreed to give priority to these technologies in the EU energy and climate policies with the directive for CHP (dir. 2004/8). It is unacceptable and outside the pupose of the electricity market directive to give a special treatment of other low-carbon technologies, including nuclear power, incineration of waste, clean coal power with carbon capture and storage, and large hydropower. These technologies should operate on normal market conditions, and it will be counterproductive to the purpose of creating level playing fields on the energy markets, if they are given favorable treatment by the regulators or receive special R&D funding from electricity consumers.