Polish RES support system from the perspective of offshore wind energy - current status and anticipated changes

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1 Polish RES support system from the perspective of offshore wind energy - current status and anticipated changes Rafał Hajduk Legal adviser / Partner Norton Rose Fulbright Piotr Strawa i Wspólnicy, sp. k. 21 October 2013

2 Agenda Current support system for renewable energy sources (RES) Anticipated changes in the support system Draft RES Act dated 9 October 2012 Outline of the new system presented on 17 September

3 3 Current support system for RES

4 Current support system for RES (1) Obligation to buy renewable energy by suppliers of last resort Key elements of support system Obligation to acquire and submit certificates of origin for redemption Absence of dedicated support mechanisms for offshore projects No cut-off date for RES support system 4

5 Current support system for RES (2) Obligation to purchase renewable electricity by suppliers of last resort This obligation applies to the whole volume of RES energy offered by the green energy generator Purchase price - the average selling price in a competitive market for the preceding year Amount announced by the President of the ERO by 31 March In 2013 equals PLN per MWh 5

6 Current support system for RES (3) Obligation to purchase certificates of origin and to submit them for redemption Extent of obligation the total share of electricity from renewable energy sources, represented by certificated of origin submitted for redemption, or by the substitution fee paid, to total annual volume of electricity sold or purchased amounts to at least: % % % % % % % % % 6

7 Current support system for RES (4) Obligation to purchase certificates of origin and to submit them for redemption Certificate of origin Issued by the President of the ERO at the request of the generator submitted though the system operator in whose area of operation the RES is located A property right under the certificate of origin arises once the certificate is registered in an account in the certificates register Property rights arising from the certificates of origin are fully tradable and constitute a commodity 7

8 Current support system for RES (5) Obligation to purchase certificates of origin and to submit them for redemption Substitution fee an alternative method of discharging the obligation Substitution fee = Ozj x (Eo Eu) Ozj a unit substitution fee indexed annually (2013 PLN ) Eo - volume of electricity covered by the obligation to purchase certificate of origin and to submit them for redemption Eu - volume of electricity represented by certificates of origin actually submitted for redemption in a given year Deadline for discharging the obligation - 31 March 8

9 Current support system for RES (6) Obligation to purchase certificates of origin and to submit them for redemption Energy company selling electricity to end customers other than high energy-consuming industrial off-takers End customer member of a commodity exchange; the obligation applies to transactions executed on the commodity exchange in its own name Who is obliged? High energy-consuming industrial off-taker - in the preceding calendar year consumed at least 100 GWh of electrical energy the cost of which was no lower than 3% of the value of their production and submitted relevant statement to the President of the ERO Brokerage houses with respect to transactions executed on a commodity exchange on behalf of end customers 9

10 10 Anticipated changes in the support system

11 Draft RES Act (1) Draft RES Act The first version 20 December 2011 The last (fourth) version 9 October 2012 Draft act introducing new regulations Draft dated 9 October

12 Draft RES Act (2) Changing the rules for granting certificates of origin Dependence on the number of certificates of origin on the type of RES installation introduction of corrective coefficients Examples of RES installations Corrective coefficients Offshore wind farms Onshore wind farms larger than 0.5 MW PV installations 1 MW 10 MW Hydropower plants larger than 20 MW Dedicated biomass systems or hybrid biomass systems larger than 50 MW

13 Draft RES Act (3) Introduction of definite period of support Period of support is 15 years from the date of commissioning and no longer than 31 December 2035 Loss of the support mechanism Sale of electricity produced from RES at a price higher than 105% of the statutory price results in loss of the right to receive certificates of origin Statutory price for electricity from RES PLN per MWh (subject to indexation), no higher than the average selling price in a competitive market for the preceding year No indexation of the substitution fee 13

14 Outline of the new support system (1) Principles of the new system announced on 17 September 2013 The key criterion for creating the new support system will be the cost of energy generated from RES There will be two tracks of the support system The support for existing RES installations Certificates of origin system Auction systemy The support for new RES installations Auction system only No special support mechanisms for offshore projects 14

15 Outline of the new support system (2) Support for existing installations Producers will be able to choose between the certificates of origin system and the auction system within two years of the entry into force of the new rules Current system of certificates of origin (CO) Transitional system of certificates of origin (CO) Period of support Indefinite 15 years; no longer than Amount of certificates Validity of certificates Obligation to trade in certificates on TGE S.A. 1 CO per 1 MWh Indefinite No obligation - Co-firing 0.5 OC per MWh - Hydropower plants over 1 MW no support - Other types 1 CO per 1 MWh 24 months of the entry into force of the new rules - 30% of prop. rights by % of prop. rights by Substitution fee Indexed annually Fixed amount - PLN

16 Outline of the new support system (3) Support for existing installations auction system The aggregate term of support will amount to a maximum of 15 years from the date the electricity eligible for a certificate of origin was generated Installations will be divided into two categories: 40 kw 1 MW Above 1 MW Auctions will be carried out jointly for all kinds of technology - no separate auctions for certain types of technology (including offshore wind farms) Subject of an auction - volume of electrical energy produced in a given period of time Criterion of an auction - price for 1 MWh electrical energy or 1 m³ of agricultural biogas 16

17 Outline of the new support system (4) Support for existing installations auction system Bids will be limited through the reference price The reference price will be determined on the basis of the market price of a certificate of origin (calculated for the period of 24 months before the new rules come into force) the average selling price in a competitive market for the preceding year The price remains unchanged for the whole support period Bids exceeding the reference price will be rejected 17

18 Outline of the new support system (5) New installations auction system Period of support is 15 years Excluded from the auction system RES installations of total capacity over 50 MWe producing electrical energy from biomass, and multi-fuel-fired plants Auctions will be carried out jointly for all kinds of technology - no separate auctions for certain types of technology (including offshore wind farms) Subject of an auction - volume of electricity or agricultural biogas for a period of 15 years divided into annual quotas which will not be transferable between the years Criterion of an auction - price for 1 MWh electrical energy or 1 m³ of agricultural biogas There may be adopted additional criteria (such as the stability criterion) 18

19 Outline of the new support system (6) New installations auction system Generation of electricity or agricultural biogas should begin no later than 4 years from the date completion of the auction The price set by the auction remains unchanged for a period of 15 years from the date of launching generation of electricity or agricultural biogas Projects applying for participation in the auction are subject to prequalification procedure Investors may apply on a continuous basis The procedure is conducted by the President of the ERO The prequalification certificate should be issued within 3 months from submitting the application (valid for the period of 12 months) 19

20 Outline of the new support system (7) New installations auction system Prequalification criteria The project complies with the local zoning plan Grid connection conditions are in place An environmental decision has been obtained The financial capacities or the sources of obtaining financing Presentation of the schedule of investment All the documents will need to be valid for at least 6 months from the date of applying for prequalification certificate In the case of a negative assessment of the project, the applicant may appeal to the Minister of Economy 20

21 Outline of the new support system (8) New installations auction system Reference prices will be introduced for renewable energy sources technologies Bids will be limited through the reference price - Bids exceeding the reference price will be rejected The reference price will be announced separately for each renewable energy technology Reference prices will be announced annually The reference prices are to be established at a level which ensures that approximately 80% of the projects may be above the break-even point based on currently available technologies 21

22 Outline of the new support system (9) Auction system purchaser of electricity at a price determined in the auction The State Treasury will establish a SPV - Sprzedawca Energii Odnawialnej S.A. (Seller of Renewable Energy - SEO) SPV dedicated to purchase electricity generated in new and upgraded installations covered by the auction system SEO will be obliged to purchase electricity from renewable energy sources at prices determined in the auctions RES fee collected from consumers of electrical energy by the transmission system operator and remitted to SEO 22

23 23 Thank you

24 Contact details Rafał Hajduk Partner Tel

25 Norton Rose Fulbright worldwide 25

26 Disclaimer The purpose of this presentation is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Norton Rose Fulbright Piotr Strawa and Partners, LP on the points of law discussed. No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any constituent part of Norton Rose Group (whether or not such individual is described as a partner ) accepts or assumes responsibility, or has any liability, to any person in respect of this presentation. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of, as the case may be, Norton Rose LLP or Norton Rose Australia or Norton Rose Canada LLP or Norton Rose South Africa (incorporated as Deneys Reitz Inc), Fulbright & Jaworski LLP or of one of their respective affiliates. 26

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