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SAC revokes SEWRC decision - „access fee” to the power grid for RES is illegal

2013-03-14 15:23:00 | 0

By decision from 13.03.2013 the Supreme administrative court (SAC) revokes “the access fee” to the power grid for RES power plants, introduced by SEWRC by Decision Ц-33/14.09.2012. It is expected that similar decision will be adopted for the rest of the several hundred of legal proceedings, started in SAC by the RES producers.

 

The SAC`s decision in first instance revokes “the access fee” and condemns the SEWRC to pay the case costs, made by the relevant producers. According to SAC, the SEWRC set “the access fee” not in compliance with the substantive rules. The main motives for the Court`s decisions attack the discriminatory attitude of the Regulator and the created inequity between the different energy companies. The motives are also related with the lack of objective criteria for the calculation of “access fee”, the lack of transparency of the adopted decision by SEWRC, and with the violation of the competitiveness principles.  

Another main moment in the document concerns the lack of evidences for the amount and type of the set prices. We remind you that SEWRC set “access fee” for RES to the power grid not on the basis of actual expenses made by the Electricity distribution companies (EDC) for the management of the electricity grid, but on the basis of the revenue from the feed-in tariffs for RES objects and the date of their commissioning.

BPVA makes an appeal towards the Council of Ministers to dismiss immediately the members of the SEWRC and to elect entirely new composition, for the Regulator to be recognized as legitimate body

by the Bulgarian society, by the business and by the rest of the public institutions. We remind you that all members of SEWRC are in resignation, and the newly elected chairwoman and formal deputy Minister of energy – Mrs. Evgenya Hatironova – is still inscribed in the trade register as a member of the Board of the National electricity company.

 

As regards the SAC decision:

For the moment the revoked “access fee” for the PV power plants, commissioned in 2010 and in the beginning of 2011, from which they took 20% of the revenue, as well as the objects built during the first half of 2012 with installed capacity over 30KWp, for which the “access fee” cost 395 of the revenue. SAC`s decision is concerning only part of the power plants, as the appeals from the producers were separated according to relevant Section of Decision Ц-33/14.09.2012. The PV industry welcomes the SAC`s decision and expects similar decisions for the rest of the categories and types of RES production.

The Decisions revoke the access fee for the following categories of objects:

1. The access fee for RES to the grid Section III – for PV power plants, whose feed-in tariffs were set by decision Ц-18/20.06.2011 of SWERC- it.12 for PV power plants with installed capacity over 200 kWp, commissioned during the period 01.01.2012-30.06.2012. – 189,38 BGN/MWh;

2. The access fee for RES to the grid Section III – for PV plants, whose feed-in tariffs were set by decision Ц-18/20.06.2011 of SWERC- it.10 for PV power plants with installed capacity over 30 kWp to 200 kWp, commissioned during the period 01.01.2012-30.06.2012. – 221,29 BGN/MWh;

3. The access fee for RES to the grid Section I – for PV power plants, whose feed-in tariffs were set by decision Ц-018/31.03.2010, it. 2 for power plants with PV modules over 5 kWp – 145,66 BGN./MWh.

>> Texts of the decisions (in BG)

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