On 21 July 2020 the Parliament of Ukraine approved draft law No. 3658 "On Amendments to Certain Laws of Ukraine on Improving the Conditions for Supporting the Production of Electricity from Alternative Energy Sources" (the "Draft Law"). The Draft Law is pending signing by the President.
The Draft Law is aiming to implement the "Memorandum of Understanding on the settlement of problematic issues in the field of renewable energy" (the "Memorandum"), which was signed by the Government on 10 June 2020 with investors, and improve regulation for renewable energy auctions.
The Draft Law provides for the following changes to the "green" tariff:
According to this Draft Law the companies are provided with the stabilization provisions, i.e. state guarantees that "green" tariffs will not be changed or canceled from 1 July 2020 - till 31 December 2029. However, the stabilization clause will not apply to legislative changes in the taxes. Based on this there is a risk that in addition to the cut of the "green" tariff under the Draft Law the Government may change tax policy and impose additional tax burden on RES investors.
Moreover, the Draft Law provides for the gradual introduction of liability for imbalances of electricity producers paid to the SE "Guaranteed Buyer". Thus, for facilities with an installed capacity of less than 1 MW, from 1 January 2021 there will be an annual increase of 10% to reach 100% compensation for imbalances in 2030. For facilities with a capacity exceeding 1 MW, the introduction of liability for imbalances in the amount of 0% until 31 December 2020, 50% from 2021, and 100% from 2022 is expected.
The Draft Law envisages that upto 20% of the "green" tariff can be compensated from the State budget.
Additionally, the Draft Law introduces separate incentives for enterprises of "green" electrometallurgy. In particular, steelmaking enterprises emitting up to 250 kg of carbon dioxide per 1 ton of steel products are entitled to pay TSO transmission tariff, which will not take into account the costs of NEC Ukrenergo for payments under the "green" tariff.
The above regulatory changes may be considered as retroactive changes to the legislation and may result in invesment claims by RES investors.
Сhanges to the auctions regime
In addition to the Memorandum related changes, the Draft Law introduces some changes to the auction regime.
The Draft Law sets the maximum caps for tariffs that producers from renewable sources can receive during green auctions. Until 31 December 2024, the owners of SPP and WPP will be able to receive at auctions no more than 9 eurocents per 1 kWh. From 1 January 2025 the maximum cap at auctions will be 8 eurocents per 1 kWh. For other producers of electricity from RES other than SPP and WPP the maximum cap at auctions will be 12 eurocents per 1 kWh.
The government plans to identify oblasts (regions) for the installation of new generating capacity within the annual auction quotas. The Government may offer land plots for the construction of facilities that produce electricity from RES, as well as roofs or facades of buildings on which it will be possible to install alternative generation.
The Cabinet of Ministers of Ukraine is determined to be responsible for setting a schedule for the auctions for the next year.
The Draft Law cancels the earlier introduced exclusion for power plants with three wind turbines, regardless of installed capacity, regarding non-participation at auctions. Thus, after the adoption of the Draft Law, all WPP with a capacity of more than 5 MW will have to participate in auctions. Although the projects holding prePPAs may implement the projects under the "green" tariff.