New Polish RES Law Challenge in Brussels UPDATED
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Some of the arguments can be:
1. The treatment of prosumers ( only 80% of the grid price for electricity sold) is discriminatory and arbitrary. It is anti-competitive and distorts the market in favor of large producers;
2. Forcing projects under 1 MW to go to an auction is unfair, anti-competitive and will promote market concentration by reducing or eliminating small RES facilities;
3. The auction itself is inconsistent with the GBER exemption to notification and is unfair and anti-competitive. Among other things the 60 days notice of reference prices is not transparent and will distort the market in favor of large utilities;
4. The choice of Green Certificates or the auction is meaningless unless existing plants can opt for levelized Green Certificates that reflect different costs of production and technology diversity. Poland is obligated to provide a level playing field for all technologies included in the National Action Plan.
5. The support for co-firing is not based on the cost of producing electricity from this source. It distorts the market and is unfair competition.
Anyone that has additional arguments based on the state aid rules should contact me and add to the list. Then as many RES developers and owners as possible should join in a complaint to the Commission. The sector should try to do this together. Our goal should be to force fairness in the new law and allow existing facilities built before the first legal auction to opt for Green Certificates that are levelized and fair.
Please contact me with our issues and possible interest in joining a complaint.
randymott (at) envirosolutions.co
UPDATE: Some parts of the challenge will have to go to the Commission's new guidelines, which are quite problematic and reverse their historical positions - without adequate support for the changes.