ANRE Order 12/2019 (free translation)

National Regulatory Authority for Energy – ANRE

Order no. 12/2019 amending the Methodology for setting and adjusting prices for electrical and thermal energy produced and delivered from cogeneration plants benefiting from the support scheme, respectively the bonus for high-efficiency cogeneration, approved by Order of the President of the National Regulatory Authority for Energy no. 15/2015

– published in the Official Journal of Romania, Part I, no. 101 of 8 February 2019

In consideration of provisions of art. 28 letter b¹), art. 76 para. (3) and art. 79 para. (7) letter b) of the Electricity and Natural Gas Law no. 123/2012, with further amendments and additions, of art. 6 letters d) and e) and art. 21 para. (1) and (2) of Government Decision no. 1.215/2009 on the establishment of necessary criteria and conditions to implement the support scheme for the promotion of high-efficiency cogeneration based on useful heat demand, with further amendments and additions,

pursuant to provisions of art. 5 para. (1) letter b) and art. 9 para. (1) letter x) of the Government Emergency Ordinance no. 33/2007 on the organization and functioning of the National Regulatory Authority for Energy, approved with amendments and additions by Law no. 160/2012, with further amendments and additions,

the President of the National Regulatory Authority for Energy issues this Order:

Art. I. – The Methodology for setting and adjusting prices for electrical and thermal energy produced and delivered from cogeneration plants benefiting from the support scheme, respectively the bonus for high-efficiency cogeneration, approved by Order of the President of the National Regulatory Authority for Energy no. 15/2015, published in the Official Journal of Romania, Part I, no. 267 of 21 April 2015, with further amendments and additions, shall be amended as follows:

1. In Art. 4 para. (2), the meanings of the specific terms “Electricity reference price” and “Regulated electricity price” are amended and shall have the following content:

“Electricity reference price	the price of electricity produced in high-efficiency cogeneration approved by Order of ANRE President and used by ANRE to perform the pre-overcompensation and overcompensation analyzes provided by the Order of the President of the National Regulatory Authority for Energy no. 84/2013, with further amendments and additions
Regulated electricity price	the price of electricity approved by Order of ANRE President, based on art. 21 para. (2) of Government Decision no. 1.215/2009, with further amendments and additions, used to sell electricity under regulated contracts”.

2. Article 4 shall be amended to read as follows:

“Art. 47. – The regulated price for electricity produced in high-efficiency cogeneration power plants is established at 90% of the average electricity trading price on DAM and IDM, as follows:

(i) for the first semester of the following year, as a weighted average of monthly weighted average prices published in the monthly market reports on the web page of the Electricity and Natural Gas Market Operator «OPCOM» – S.A. for a period of 12 months from 1 September of the previous year to 31 August of the current year;

(ii) for the second semester of the current year, as a weighted average of monthly weighted average prices published in the monthly market reports on the web page of the Electricity and Natural Gas Market Operator «OPCOM» – S.A. for a period of 12 months from 1 May of the previous year to 30 April of the current year;

3. Article 48 shall be amended to read as follows:

“Art. 48. – The regulated price of electricity produced in high-efficiency cogeneration power plants is approved half-yearly by order of ANRE President by 15 September for the first semester of the following year and respectively by 15 June for the second semester of the current year.”

4. In Article 51, para. (4) shall be amended to read as follows:

“(4) The application referred to in para. (3) shall include at least the following information: affidavit on the status of amortization of the power plant in the year for which bonus is requested, the type of majority fuel to be used in the year for which bonus is requested, as well as the statement of producers on thermal energy delivery into the district heating system, if applicable.”

Art. II. – For the regulated price of electricity produced in high-efficiency cogeneration power plants for the period March – June 2019, by way of derogation from the provisions of art. 47 point (i) and art. 48 of the Methodology for setting and adjusting prices for electrical and thermal energy produced and delivered from cogeneration plants benefiting from the support scheme, respectively the bonus for high-efficiency cogeneration, approved by Order of the President of the National Regulatory Authority for Energy no. 15/2015, with further amendments and additions, as it was amended and supplemented by this order, the following rules shall apply:

1. The regulated electricity price is established at the level of 90% of the average electricity trading price on DAM and IDM for electricity, as weighted average of monthly weighted average prices published in the monthly market reports on the web page of the Electricity and Natural Gas Market Operator «OPCOM» – S.A. for the period between 1 February 2018 and 31 January 2019.

2. The regulated electricity price is approved by order of the President of the National Regulatory Authority for Energy and enter into force on 1 March 2019.

Art. III. –This order shall be published in the Official Journal of Romania, Part I.

President of the National Regulatory Authority for Energy,
Dumitru Chiriță

Bucharest, 8 February 2019.

No. 12.