Court finds no grounds for recovering over UAH 400 mln from DTEK Zakhidenergo in favor of Ukrenergo
The business court of Lviv region has decided not to satisfy the claim, seeking to recover UAH 425.8 million of the payment of the transmission tariff for the export of electricity in July 2019-May 2020 from PrJSC DTEK Zakhidenergo.
"After analyzing all the circumstances and materials of the case, the court considers that the claims are unfounded and such that they cannot be satisfied," the court said in its decision dated August 17, published in the unified register of court rulings.
The court argued its decision by the lack of legal grounds to take into account exports when calculating electricity transmission fees.
In addition, the court said that resolution No. 360 adopted in February by the National Energy and Utilities Regulatory Commission of Ukraine (NEURC) on approval of changes to the Transmission System Code aimed at resolving the issue of payment of the transmission tariff for export, was suspended by the decision of the district administrative court of Kyiv dated February 11 and its effect cannot extend to part of the disputed period.
At the same time, the court said that another part of the subject of the dispute is the requirement to recover the cost of services for the transmission of exported electricity volumes in July 2019-February 2020, that is, for the period that preceded the adoption of the said regulation of the regulator.
The court said that laws and other regulations are not retroactive.
At the same time, the court said in the decision that the need to approve changes to the Transmission System Code regarding payment for the electricity transmission service during export was caused by the lack of relevant provisions in the current regulatory legal acts.