Return to news
To the main page

About changes to the order of payments under the "green tariff" for the period of quarantine

Between ODESA REGIONAL ENERGY SUPPLY COMPANY LLC (hereinafter - the Company, universal service provider) and you have concluded an agreement on the purchase and sale of electricity at a "green" tariff to a private household (hereinafter - the Agreement).

Pursuant to Clause 2 of the Agreement, the Consumer undertakes to sell to the universal service provider electricity generated from solar and / or wind energy by electricity facilities (generating installations) of a private household, and the universal service provider undertakes to to purchase electricity from the Consumer at the "green" tariff set by the NERC, in the amount exceeding the monthly electricity consumption by a private household, within the time limits provided this Agreement.

Clause 4.10. The Agreement stipulates that in case of non-payment due to the fault of the Universal Service Provider of the purchased electricity by the 20th day of the month following the settlement month, the Universal Service Provider is obliged to pay the Consumer a penalty in the amount of double the discount rate of the National Bank. penalty, from the amount of overdue payment for each day of overdue payment.

Item 5.2. of the agreement indicates that the Universal Service Provider is not liable for damage caused to the Consumer, if he proves that the damage occurred through the fault of the Consumer or due to force majeure.

The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Aimed at Preventing the Occurrence and Spread of Coronavirus Disease (СOVID-19)" dated 17.03.2020 № 530-IX amended the Law of Ukraine "On Chambers of Commerce and Industry in Ukraine", and the list of force majeure circumstances (force majeure circumstances) was supplemented by the quarantine established by the Cabinet of Ministers of Ukraine.

11.03.2020 Resolution of the Cabinet of Ministers of Ukraine № 211 "On prevention of the spread on the territory of Ukraine of acute respiratory disease СOVID-19 caused by coronavirus SARS-CoV-2" (as amended) was established quarantine from March 12 to April 24, 2020 territory of Ukraine.

In view of the above, we report the onset of force majeure (force majeure), namely quarantine, which may affect the timeliness of obligations under the contract, in particular in terms of payment for the amount of electricity purchased.

In addition, paragraph 5 of the Resolution of the NCRECP from 08.04.2020 № 766 "On the actions of electricity market participants during the quarantine period and restrictive measures related to the spread of coronavirus disease (COVID-19)" states that for the period of quarantine or restrictive measures related to the spread of coronavirus disease (COVID-19), and within 30 days from the date of its abolition (hereinafter - the period of quarantine) not to apply sanctions under contracts of sale of electricity produced by generating installations of private households.

21 April 2020