The Solar Energy Association of Ukraine, the Ukrainian Wind Energy Association, the Ukrainian Renewable Energy Association, and the European-Ukrainian Energy Agency, which unite more than 90% of the renewable electricity market of Ukraine, addressed the head of the Ukrainian National Energy and Utilities Regulatory Commission (NEURC) regarding the issue of reimbursement of the Guaranteed Buyer’s share of imbalances by RES producers, occurring in connection with the decision of the Supreme Court of Ukraine dated September 8, 2022, in case No. 640/4069/21.
In view of this, in order to regulate the activities of the Balancing Group of the Guaranteed Buyer, to ensure the legality of the activity of the NEURC and to minimize the damage to RES producers, the associations requested:
1) to ensure a review of the formula for calculating the share of the cost of the guaranteed buyer’s electricity imbalance settlement, taking into account the conclusions regarding the application of the norms of the Law of Ukraine “On the Electricity Market”, set out in the decision of the Supreme Court of Ukraine dated 09/08/2022 in case No. 640/4069/21;
2) to provide compensation for damage suffered by RES producers as a result of payment of a share of the cost of settlement of the electricity imbalance of the guaranteed buyer, calculated according to the formula provided for by the resolution of the NEURC dated 15.01.2021 No. 46, which was recognized as illegal by the decision of the Supreme Court of Ukraine dated 08.09.2022 in case No. 640/ 4069/21.