Penalties for non-fulfillment of the obligation


43 power utilities failed to present green, red or yellow certificates for cancellation or to pay substitution fees.At the end of 2009 President of the Energy Regulatory Office (ERO) imposed 64 penalties amounting to 27 984 269.26 PLN in total.

The punished power utilities failed to acquire and present in 2008 to President of the ERO cogeneration certificates of origin (red and yellow certificates) or certificates of origin of renewables energy (green certificates); they also failed to pay the required substitution fee.Pursuant to the Energy Law, power utilities selling energy to final consumers are obligated to achieve certain – determined for each year – quantitative share of electricity stemming from certificates of origin presented to President of the ERO for cancellation or substitution fee paid by that utility in the total executed yearly electricity sales to final consumers.

The average fulfillment of the abovementioned obligation in 2008 in all obligated power utilities was at the level of 6.99% for „green” energy, 2.69 % for „yellow cogeneration” and 18.95 % for „red cogeneration”.In 2009 the obligations concerning the share of cogeneration and renewable energy sources in the total sales of energy to final consumers amount to no less than 2.9% for „yellow cogeneration”, 20.6% for „red cogeneration” and 8.7% for „green energy”.

Source: ERO


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