In the list of legislative and program works of the Council of Ministers, the assumptions to Draft act on emergency measures aimed at limiting the electricity prices and supporting certain consumers in 2023 were published.
The draft introduces solutions for the protection of electricity consumers and assumes that, regardless of the increase in electricity prices on the wholesale market in 2023, settlements with consumers will provide a fixed price for electricity trading, the so-called maximum price at a specified level of PLN 785 / MWh (or PLN 699 / MWh in the case of household consumers).
Importantly, the draft also introduces a mechanism to limit the revenues of some electricity producers and trading companies (by implementing Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices).
For electricity producers using wind energy, solar radiation energy, geothermal energy, hydropower, biomass, biogas, agricultural biogas and bioliquids, except biomethane, waste, lignite, liquid fuels, hard coal, gaseous fuels, and also for energy companies conducting economic activity in the field of electricity trading, an obligation is imposed to transfer the payment amount, which is excess income, in accordance with the calculation method adopted in the act.
Producers who produce in a generating unit: with an installed electricity capacity of no more than 1 MW, being a demonstration project, being a renewable energy source installation, for which the producer of electricity from renewable energy sources in this installation uses: the support scheme or the auction system as well as from the entity that has received financial compensation for redispatching and counter-purchasing.
The amount, which is the basis of the proposed mechanism, is the product of the sum of the electricity sales volume on a given day minus the electricity purchased on a given day and the positive difference of the average weighted by the volume of the market price of electricity sold on a given day and the volume-weighted average of the price limit of electricity sold on a given day. The price limit is calculated and announced by the President of ERO by the 15th of each month, which will apply from the first day following the publication date. The detailed method of calculating the price limit, taking into account individual production technologies, will be established by way of a Regulation.
Amendments to the introduced obligation to transfer payments to the Price Difference Payment Fund will apply to the period from December 1, 2022 to June 31, 2023.