NEW RONI LIST: MORE THAN 100 ELECTRICITY PRODUCERS LOSE AID, AND APPARENTLY THEIR BUSINESS AS WELL

The Regulatory Office for Network Industries (RONI) published a list of electricity producers whose right to a surcharge aid expired under the Act on Support of Renewable Energy Sources. According to this list, the right to surcharge of some of the producers should have lapsed back as early as in 2014.

The professed reason for the extinction is the non-payment of outstanding arrears of social security and pension insurance contributions within the period of 15 days from the delivery of the assessment by the Social Insurance Agency.

The Regulator asserts that the right to aid lapsed by operation of law and that in this regard it is not necessary to conduct any proceeding or to issue any decision. The Regulator adds that it will inform the company OKTE as the clearing house for the aid.

Pursuant to Section 3b (5) (c) of the Act on Support of Renewable Energy Sources, the non-payment of outstanding arrears to the Social Insurance Agency is a cause for the extinction of the right to aid since the beginning of 2014.

The list published by the Regulator contains the names of 104 producers. The right to aid of the majority of them was supposed to expire in 2014 or 2015, causing them to lose aid that spans 9 or more years. According to our preliminary estimates, the total amount of aid that has been forfeited to the producers in this manner exceeds € 200 million.

The Regulator has not explained in more detail why he resorted to this step only now and why he assessed the de facto extinction of the right to aid in periods over 6 years ago.

For example, the list includes producers whose insurance arrears were of a few hundreds of euros, or who were in arrears for only a few weeks and repaid the owed sum many years ago.

Outstanding debts to the Social Insurance Agency are not the only cause for the extinction of the right to aid. Under the Act on Support of Renewable Energy Sources, the right to aid also expires due to arrears of health insurance contributions and of tax. However, the published list does not deal with these causes. It cannot be ruled out that in the near future, the Regulator will publish more lists.

Our law firm POLÁČEK & PARTNERS deals with energetics in detail. We pay close attention to the whole situation. Do not hesitate to contact us if in need.

You may access the list published by the Regulator here.