On November 4, the regulation of the Minister of Climate and Environment on the reference price of electricity from renewable energy sources and the periods applicable to producers who won auctions was published (Journal of Laws of 2022, item 2247). The regulation entered into force on the day following the date of its announcement.

The regulation specifies: the maximum price in PLN per 1 MWh for which electricity from renewable energy sources may be sold by the producers in an auction, called the “reference price”, and the period during which the obligation to purchase is applicable pursuant to Art. 92 sec. 1 of the Act, and the period in which the right to cover the negative balance referred to in Art. 92 sec. 5 of the Act, in relation to energy generated in renewable energy source installations, to which the producers referred to in Art. 72 sec. 1 of the Act, applicable to producers who win the auction in a given year.

The set reference price levels are to ensure the possibility of conducting auctions for the sale of electricity from renewable energy sources still in 2022. They are also the basis for calculating the so-called fixed purchase prices.

According to Art. 70e of the Act, the fixed purchase prices are as follows:

  • 95% of the relevant reference price – in the case of producers of electricity from renewable energy sources in a renewable energy source installation with a total installed electrical capacity of less than 500 kW
  • 90% of the relevant reference price – in the case of producers of electricity from renewable energy sources in a renewable energy source installation with a total installed electrical capacity of not less than 500 kW and not more than 1 MW.

The published regulation provides for an increase in reference prices for all types of installations from 10% to over 25% in relation to the previously set prices. For PV installations up to 1 MW, the price was set at PLN 375 per MWh. For PV installations above 1 MW – PLN 355 per MWh.

On the other hand, the period during which the obligation to purchase pursuant to Art. 92 sec. 1 of the Act, and the period in which the right to cover the negative balance referred to in Art. 92 sec. 5 of the Act, in relation to energy generated in renewable energy source installations, to which the producers referred to in Art. 72 sec. 1 of the Act, applicable to producers who win the auction in a given year, has been set at 15 years.

https://dziennikustaw.gov.pl/D2022000224701.pdf