About cheap energy for 2023, or what to do to take advantage of preferential prices


energia elektryczna


Arkadiusz Somnicki

Member of the Board

November 30, 2022 the deadline for submitting a declaration entitling to purchase electricity in 2023 at a preferential, maximum price of PLN 785/MWh has passed - timely submission of the document will allow you to take advantage of cheap energy from 1 December 2022. Purchase at preferential prices applies only to selected entities. These are micro, small and medium-sized enterprises, local governments and public utility entities.

The guaranteed maximum sale price will apply in the period from December 1, 2022 to the end of 2023. Some companies will also be able to benefit from compensation for energy purchases in the previous months of 2022. These are companies that signed a sales contract for 2022 after February 24, 2022 or those that signed a contract for 2022 earlier, but this contract allowed the purchase based on the so-called stock exchange model, under which at least one tranche of energy purchase for 2022 was made after February 24, 2022.

In the event that the entrepreneur is late with submitting the declaration by November 30, 2022, and provides the seller with the document at a later date, the purchase of energy at a preferential price will be made from the next month (e.g. entrepreneurs who submit a declaration in December may count on the application of the maximum price in settlements from January 2023).

Declarations should be submitted to the current energy seller in a given period (it can be, for example, two different sellers - the first for 2022, the second for 2023). The statement may be submitted in paper or electronic form. The declaration template is available on the website: Journal of Laws of the Republic of Poland/gold>

The possibility of applying the maximum price results from the Act on emergency measures aimed at limiting electricity prices and supporting certain consumers in 2023. The law can be found at: Journal of Laws of the Republic of Poland/gold>

The new legal regulations have created a lot of confusion on the market. The need for energy sellers to apply preferential settlement terms to their customers carries a high risk of incurring losses for them. The sellers are afraid that the compensations received in the future will not cover the losses resulting from the settlements of entrepreneurs with the use of maximum prices, which may lead to the bankruptcy of many of them. In order to mitigate the risk of running a business, some sellers have already significantly reduced or even suspended the submission of energy sales offers. This is a big problem for entrepreneurs whose current contract expires at the end of 2022.

Another problem faced by companies, especially those operating within holdings or capital groups, is of a legal nature - these companies are looking for answers as to whether they are entitled to take advantage of maximum prices - within groups, there are often many entities that are separately entitled to use "cheap" electricity, but within the capital group it may turn out that the situation may be completely different.

As part of the comprehensive energy care service, we help entrepreneurs to safely and effectively meet the new regulatory requirements. Together with companies, we complete declarations, but also help in solving legal dilemmas regarding qualifications to the group of eligible enterprises.

Adam Wlizło

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