Overview of current legislative changes in the field of renewable energy

On January 24, 2024, the NEURC adopted Resolution No. 178, which regulates the practical application of the provisions of Law No. 3220. The resolution defines the main changes to the procedure for the purchase of electricity generated from renewable energy sources by the guaranteed buyer.

Following the updated procedure, the SE “Guaranteed Buyer” is obliged to maintain registers of producers operating under the “green” tariff, as well as to conclude and terminate contracts with them. The list of documents for electricity sellers entering into contracts under such tariffs has also been updated. The term for concluding new contracts will not exceed 13 days, and in the event of providing false information, the contract may be terminated. 

How have the rules of the RES electricity market changed?

Several radical changes were introduced for producers under the feed-in tariff:

• At present, producers need to have an agreement with the TSO and an agreement on participation in the balancing group. Otherwise, the guaranteed buyer will not buy electricity.
• The amount of electricity that the guaranteed buyer can buy at the feed-in tariff is limited. If producers exceed the volume specified in their license, this energy will be paid for at the price of a positive imbalance. Simultaneously, exceeding the supply may be considered a violation of license requirements.
• The new version of the procedure does not require 100% payment for purchased electricity. When calculating the final monthly payment for renewable electricity, the guaranteed buyer will take into account advance payments from the seller under the feed-in tariff and funds received from the transmission system operator.
• Information on hourly and daily production, consumption, and available capacity must be submitted by 09:00 the day before the trading day. Regarding liability for imbalances, the new formula provides for the liability of the members of the balancing group caused directly by RES producers. The law and the procedure provide for the possibility of offsetting payments for imbalances and debts for electricity. However, the procedure for offsetting has not yet been clarified.

A more detailed overview of the changes to secondary legislation by Olga Savchenko can be found in the authoritative publication Yurydychna Praktyka.