Solar Energy Association of Ukraine, Ukrainian Wind Energy Association, Ukrainian Renewable Energy Association, European-Ukrainian Energy Agency sent letters to the head of the NERC Valery Tarasyuk regarding the illegality of the buyer provided for in the draft agenda for the meeting of the NERC on December 16, 2020.
In their appeals, industry associations note that in the justification for the decision, published on the website of the Regulator, NERC erroneously takes into account the calculation sent in a letter from SE “Guaranteed Buyer”, which provides for 74.47 million UAH. Costs allegedly related to the settlement of disputes in arbitration.
Associations note that neither the justification for the decision published on the Regulator’s website nor the letter of SE “Guaranteed Buyer”, to which NERC refers, do not contain information on the actual existence of arbitration disputes of SE “Guaranteed Buyer” with RES producers; costs related to the consideration of arbitration disputes that were actually incurred by the State Enterprise “Guaranteed Buyer”; documents (agreements, acts of acceptance-transfer of works/services, invoices) that allow to reliably estimate the amount of costs of the State Enterprise “Guaranteed Buyer”.
Instead, according to the published documents, it is clear that we are not talking about real arbitration disputes and real costs of the State Enterprise “Guaranteed Buyer”, but about hypothetical cases that in the opinion of the State Enterprise “Guaranteed Buyer” may take place in the future. As the adoption of a knowingly unreasonable and illegal decision of the NERC may lead to non-receipt by producers at the Feed-in tariff of their funds for electricity produced, industry associations ask the Regulator not to adopt a decision approving the amount of contributions to create a special fund. buyer in the amount of 0.11% of producers’ income from the sale of electricity at the Feed-in tariff.
