Nuclearelectrica sues ANRE for constraining it to sell energy at a fixed-price

Nuclearelectrica fights back by suing the National Energy Regulatory Authority (ANRE) after the latter established a fixed-price for delivering electricity, compelling the energy producer to sell electricity at a lower price than the regular one on the market. According to a press release submitted to the Bucharest Stock Exchange, Nuclearelectrica filed last Thursday, January 23, a complaint with the Bucharest Court of Appeal, in that respect.

Through this procedure, Nuclearelectrica seeks to obtain ‘the partial cancellation of ANRE’s Decision no. 3906/20.12.2013 concerning the approval of the amounts of electricity sold under regulated contracts and regulated prices for electricity delivered in 2014 by S.N. Nuclearelectrica S.A. and the issue of an updated decision so as to admit when calculating the regulated price all the items requested and justified by SNN which were not taken into consideration by ANRE.’, states the said document.

The dispute comes after ANRE decided last December that Nuclearelectrica and Hidroelectrica will be the only electricity suppliers to comply with regulated prices, the other energy producers being not affected by the Decision in question.

According to Mediafax, Nuclearelectrica is compelled to provide electricity at a price of about 32.3 euro/MWh (145.88 lei/MWh), while last Tuesday, the company traded energy at a price of nearly 38 euro/MWh (171.28 lei/MWh) on the Centralized Market of Bilateral Contracts managed by OPCOM.

Hidroelectrica faces the same issues, being obliged to deliver energy at a price which does not cover the production spending, yet, a similar legal procedure has not been confirmed up to this point, despite some information conveyed by the media.

However, as the press agency also informs, Bogdan Chiritoiu, President of the Competition Council, stated that there has been started an investigation on how ANRE constrained Hidroelectrica to sell energy to people based on complaints received from both the company and the Proprietate Fund (one of the two shareholders).