Nowe instrumenty wsparcia wytwarzania energii elektrycznej oparte na stałej cenie zakupu – zagadnienia wybrane
The new support instruments of electricity generation based on a fi xed purchase price-selected issues

Summary/Abstract: The legal analysis conducted in this article of Polish provisions under the Renewable Energy Sources Act makes it possible to indicate that the legislator predicted the new instruments of support the RES. These instruments are addressed only to entrepreneurs who produce electricity from certain types of RES (agricultural biogas, landfill biogas, biogas from sewage treatment plants, other biogas and hydropower). The essence of these instruments is to base them on the use of a fixed purchase price, which creates two independent and separate mechanisms enabling the transfer of public aid for the production of electricity from RES. The first one is based on using a fixed purchase price as a guaranteed rate (feed-in tariff), which is paid directly by the obligated seller on the basis of an appropriate contract for the sale of electricity generated from RES installations. This agreement in the package also includes commercial balancing of electricity and related costs. The second instrument assumes the sale of energy on the market and additional compensation for the entrepreneurs, which are calculated by the difference between medium market prices of electricity and the level of a fixed purchase price. This compensation is paid in the form of the right to cover the negative balance. In this context, the level of the fixed purchase price is the basis for the calculation of the guaranteed premium to the market price of electricity (feed-in premium), which is transferred to entrepreneurs as support for the production of electricity from RES. The applicability of these instruments are preceded by appropriate proceedings before the National Regulatory Authorities and may also be limited by appropriate executive regulations issued by the Council of Ministers, which are pursuing the RES policy of the state, which became fundamentally responsible for the realization of objectives of the EU climatic-energy policy which legally binds Poland.

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