The Administrative Court of Appeal refused to satisfy the appeals of NPC Ukrenergo, the National Energy and Utilities Regulatory Commission, SE Guaranteed Buyer about the cancellation of security, which suspended the decisions of the National Energy and Utilities Regulatory Commission No.954 and No.955 of June 7, 2019, which establish tariffs for Ukrenergo on electricity transmission and scheduling.
It is about Zaporizhzhya and Nikopol ferroalloy plants, as well as Dniproazot, Marganets and Pokrovsk MPPs.
“In early August, the court changed the measure of restraint, upholding it only in respect of the plaintiff (Nikopol Ferroalloy Plant) and four other enterprises. Now the court’s refusal to cancel the provision of the claim means that for the plaintiff and the other four enterprises, the force of the decisions remains suspended and Ukrenergo’s tariff (57.4 UAH/MWh) is in effect, approved by the Decree of the National Energy and Utilities Regulatory Commission dated 12.12.2018 No.1905”, the message says .
For other market participants in July, the tariffs set by resolutions No.954 and No.955 were in force (347.43 UAH/MWh and 8.9 UAH/MWh, respectively).
Recall that on June 27, Kyiv Regional Administrative Court, as a result of the lawsuit of JSC Nikopol Ferroalloy Plant, suspended the resolution of the Regulator, which established Ukrenergo tariffs for transmission and dispatch control from July 1.
On July 12, the Regulator canceled its resolution of June 7, 2019 No.954 and approved a new transmission tariff of Ukrenergo from August 1, 2019 by Resolution of July 12, 2019 No.1411. Its size is 10% lower than the previous one (312.14 UAH /MWh). The decrease is associated with a reduction in the cost of acquiring electricity to compensate for technological losses. On July 22, the NFP filed a new lawsuit against the Regulator to annul its decision of July 12, 2019 No.1411.