On January 20, 2020, on the NEURC website, the resolution of 14.01.2020 №158 “On Approving the Amendments to the Procedure for Establishing, Reviewing and Terminating the “Green” tariff for Electricity for Business Entities, Electricity Consumers, including Energy Cooperatives, and private households whose generating units generate electricity from RES”, was published, which changes the order in which green tariffs are set.

Major changes:

1) requirements for documents submitted to the NEURC for setting the “green” tariff have been specified;

2) a deadline of 15 days is set within which the NEURC shall notify the licensee in writing of the cancellation without considering the application for setting/reviewing the “green” tariff;

Re-appeal of the entity without correcting the remarks that have become grounds for leaving the application without consideration, gives NEURC the right to refuse to set a “green” tariff.

3) deadline for consideration by the NEURC of the application for setting/reviewing the “green” tariff from the day of its receipt until the date of the meeting in the form of an open hearing is 30 days. However, the resolution clarifies that consideration of the application shall be suspended if additional clarifications and/or materials are required from the authorities or licensee, until such clarifications and/or materials are received.

Thus, the actual deadline for setting a “green” tariff can significantly exceed 30 days at a time.

Recall that in accordance with the Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Ensuring Constitutional Principles in the Fields of Energy and Utilities” No. 394-IX of 19.12.2019, NEURC decisions with characteristics of regulatory acts, and decisions on tariffs for goods (services) of natural monopoly entities, prices (tariffs) for the population, come into force from the day following their publication on the official website of the Regulator, without publication in the official media.

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