Appeal regarding the act on maximum prices

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The appeal to the Marshal of the Senate of the representatives of the renewable energy industry and other private sector sectors is a call for help in relation to the act on price limits on the Polish energy market. The regulation contains fundamental errors and the industry demands their improvement. The decision to bury the development of renewable sources in Poland was made in just a few days, without consulting the industry.

Organizations representing the energy sectors, industry and entrepreneurs are demanding changes to the draft law on emergency measures aimed at limiting the amount of electricity prices, which received the support of the Sejm at the vote on October 20. Elements for improvement and specific proposals for changes were indicated. 10 entities representing the renewable energy industry and other private sector industries appealed today in the Senate to the Marshal, prof. Tomasz Grodzki to take into account the industry’s postulates in further discussions on the project.

The signatories of the appeal to the Marshal of the Senate indicate that they understand the urgent need to adopt solutions aimed at limiting the amount of electricity prices and supporting some consumers in 2023, however, the solutions adopted by the Sejm of the Republic of Poland carry the risk of disproportionate interference in the electricity market, which may lead to a collapse economic. Excessive limitation of producers’ revenues may, in the long run, cause an investment slump in the sector and numerous bankruptcies of large plants.

– The draft act on price limits requires fundamental changes that will take into account the specificity of PPAs and will not discourage investing in renewable sources. We are willing to engage in substantive dialogue and cooperation with politicians to optimize the government’s bill in accordance with the postulates – says Janusz Gajowiecki, president of the Polish Wind Energy Association.

– The European Commission, coming up with a recommendation to reduce energy prices for consumers, clearly indicated that all signals for investments in renewable energy sources, which will cure us from the crisis in the long term, should be kept, said Michał Hetmański, president of the Instrat Foundation. In turn, the president of the Jagiellonian Institute emphasized that the barbaric war of Russia against Ukraine cannot be a pretext for devastating the energy market.

– One of the reasons for our joining the appeal is the removal of the stock exchange obligation, i.e. the obligation to trade energy through the stock exchange, which may contribute to gigantic corruption – warned Marcin Roszkowski, president of the Jagiellonian Institute.

– We are glad that the Act on Maximum Prices, which raises such serious concerns, has been reflected by the High Chamber. We believe that there should be various sellers and various forms of energy contracting in a competitive energy market. If the suggested changes are not adopted, we will face a regression in the area of ​​renewable energy sources, which are already strongly inhibited today – emphasized Sebastian Kwapuliński, vice president of the Renewable Energy Association.

The RES sector and industry indicate three main areas that threaten the further development of the renewable energy market. The first is to take into account in the draft act the different nature of corporate energy purchase agreements – cPPA, which regulate favorable and stable conditions for long-term energy purchase, and not, like the act until June 30, 2023. The solution adopted by the Parliament means blocking this market and increasing investment risk.

The second aspect is the change in the method of writing off to the Fund. The system designed in the act entails a very high level of legal uncertainty in determining the amount of the write-off to the Fund for entities that will be obliged to calculate the write-off and transfer it to the Fund, as well as lead to insolvency and, consequently, bankruptcy of trading companies.

The last element suggested by the industry is a special solution for electricity producers in cogeneration when calculating the price limit for the purpose of the fund write-off. The act should address the special situation of producers who produce electricity in combination with heat, and thus require the calculation of the price limit for the write-off to the Fund to take into account the total revenues and costs as well as the justified profit from the activity in the field of generating both electricity and heat.

The signatories of the appeal to the Marshal of the Senate are: the Union of Entrepreneurs and Employers, the Institute of Reform Foundation, the Instrat Foundation, the RE-Source Poland Hub Foundation, the Jagiellonian Institute, the Steel Chamber of Commerce and Industry, the Polish Wind Energy Association, the Renewable Energy Association, the Polish Chamber of Energy Storage PIME Association and UN Global Compact Network Poland.

FULL TEXT OF THE APPEAL