Meeting with Representatives of the National Commission for State Regulation of Energy and Utilities & Office of the National Investment Council

demo






On September 13, the Chamber Energy Committee held a meeting with Yuliya Kovaliv, Head of the Office of the National Investment Council under the President of Ukraine, Dmytro Kovalenko, Member of the National Commission for State Regulation of Energy and Utilities, Yuriy Hnatiuk, Director of State-Owned Enterprise “Energorynok”. The Meeting was devoted to the discussion of further changes to the draft Power Purchase Agreement, considered and approved by the National Commission for State Regulation of Energy and Utilities (NERC) on its session on August 23.

The experts from the Chamber Member Companies discussed proposals to finalize certain provisions of the draft Power Purchase Agreement, inter alia:

  • Entry into force of the Agreement: it was proposed to add conditional clause to the Draft and specify which provisions of the Agreement enter into force from the date of the signing of the Agreement as well as simplify the access of the electricity producers to the loan funds
  • Assignment of claims for money in favor of producers’ creditors under the Agreement
  • Clear wording of the arbitration clause. The meeting participants discussed proposals for differentiation of the right of foreign legal entities to appeal to arbitration, clear settlement of negotiations issue and determination of the dispute settlement mechanism at the early stage of signing the Agreement
  • Specification of amending procedure of the Agreement
  • Conditions for termination of the Agreement by the Guaranteed Buyer. In this regard the following principles of renewable energy support in Ukraine were emphasized: long-term contracts with producers and lasting guarantees for the sale of electricity

 

Some proposals regarding Procedure on purchase of electricity produced via the "green" tariff were also discussed.

Chamber Member Companies agreed to provide the above proposals to NERC for further consideration as soon as relevant draft NERC Resolution is officially published for public discussion.