Changes proposed by PWEA included in the draft amendment to the Energy Law


On 22 September as well as 6 and 7 October 2009 the sessions of Extraordinary Sejm’s Sub-Committee for consideration of the governmental draft of the Act on the amendment of the Energy Law and other acts (paper no. 2176 dated 29 June 2009) were held. The Governmental draft provides for a number of amendments directly applicable to the renewables sector, in particular wind power. Some amendments led to significant fears and doubts among developers (such as the advance on the interconnection fee, definition of contents of the application for issuance of connection conditions and the value of the unit substitution fee). The Sub-Committee’s sessions were attended, inter alia, by PWEA representatives: Krzysztof Prasałek, Christoph Sowa (Enertrag) and Bartłomiej Ziębiński (Salans law firm). During the discussions the representatives notified proposals of amendments leading to elimination of main fears of the parties interested in wind power development. PWEA representatives succeeded in convincing representatives of Ministry of Economy and the Sub-Committee’s MP’s to introduce the following amendments to the draft amendment: 

- Transitory provisions eliminating the decrease in the value of the substitution fee to the level of 240 PLN/MWh – the amendment introduced obligates President of the ERO to publish in 2010 the value of the substitution fee in the amount taking its current indexation into account,
 

- Establishment of a deadline for payment of the advance on the interconnection fee as the date of filing a complete application for issuance of connection conditions, leading to a decrease in the doubts concerning the assessment of completeness of the application and the deadline for payment of the advance,

- Establishment of a start date for the deadline for issuance of connection conditions for generation sources on the day of payment of the advance, further reducing doubts as to timely decisions,

 

- Establishment of a deadline for supplementation of applications for issuance of connection conditions (with the advance and extracts from land registers), filed before the effective date of the amendment, of 180 days; establishment of a provisions stipulating that the extracts must prove the legal capacity to build the investment referred to in the application.

The draft amendment will soon be subjected for assessment to the Sejm’s committee and further parliamentary works. PWEA representatives will continue their endeavors to prevent amendments to the Energy Law from adversely affecting wind power development in our country."

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