The industry is preparing hundreds of lawsuits against the State for the damages it suffered due to the increase in natural gas.

large Spanish industry using cogeneration He denies that he is in a critical situation in the midst of an energy crisis, which produces electricity by using the operating heat of its factories in sectors such as ceramics, paper and food. More than 60% of cogeneration has stopped in recent months Because, according to the companies, it was not profitable for them to continue generating electricity due to the increase in gas prices and the Government’s failure to take measures to ensure that the power plants cover their costs.

this employer welcomeBringing together about 600 factories in the country through cogeneration, he denounces that the “inaction” of the Government has condemned them to double losses: both under conditions where the ‘Iberian exception’ applies. and also to not update the fee charged by their factories through the Recore system, which guarantees a minimum return to regulated renewable facilities. Faced with this situation,Employers are preparing a battle in the courts Spain And in European UnionThis could result in hundreds of lawsuits filed by affected companies.

On the one hand, the business association complains that: ‘Clear discrimination’ suffered by crops after implementation of ‘Iberian exception’ in the electricity market. The mechanism for capping the gas price for electricity generation, introduced last June, envisages compensation to electricity companies with gas power plants (combined cycles) to cover their real costs amid the spiral of rising international gas prices, but not cogeneration. This meant that only a third of those who had to continue to work if they did not want to be paralyzed continued to work.

Latter, They welcome the government’s complaint that it has not officially updated the fees for cogeneration plants recognized in the Recore system for more than two years. and notes that this August’s Ministry of Ecological Transition’s latest proposal is based on calculations with a gas price of just 90 euros per megawatt hour (MWh), while the compensation the major power companies receive for gas power plants acknowledges the costs. many days exceeded 200 Euros per MWh.

Teresa Ribera, Vice President and Minister for Ecological Transition and Demographic Struggle. EP


Complaint in Brussels

Major industry with cogeneration plants has already devised a legislative strategy to force the Government to act. Acogen has already activated administrative processes before the European Union and the Government which, if they fail, will lead to cases in Community and Spanish courts. “We don’t want to go to court, but that’s the only way they’ll let us go,” says Javier Rodriguez, Acogen’s chief executive. “Dialogue with the Ministry of Ecological Transition is permanent, but a deaf one.. The government rejects the most basic thing, which is to accept the costs we pay for the increase in gas.”

Last July, the employer filed a complaint. European Commission report discrimination Problems that cogeneration plants face compared to large power companies with gas plants due to how the Spanish Government designed the gas cap system (in Portugal, cogeneration is compensated by the same adjustment as combined cycles). Collaboration expects and threatens Brussels to force Executioner to end “book segregation” of Iberian exception design refer the case to the Court of Justice of the European Union Unless Spain reverses the situation.

damages

On the other hand, the same August Acogen also appealed to the Secretary of State for Energy, who was integrated into the Ecological Transition, for his “inaction”. for more than two years without updating the Recore fee corresponding to the cogeneration. “The government has gone two years before publishing the wage revision in the BOE. This is a legal fraud. If that ministry decision is not published in the BOE, we cannot appeal to the Supreme Court,” he condemned the general manager of the association. “There is treason of law. We are helpless.”

This administrative appeal before the Ministry is the first mandatory step to go to court. Acogen three months after its presentation and no response, The next step will be a wave of hundreds of lawsuits in the Supreme Court for damages to cogeneration plants.

“The government has two exits: to activate the same compensation mechanism for cogeneration that combined cycles have, with the exception of the Iberian, or to update the Recore fee by covering the real costs of the gas price,” Rodriguez says. “We cannot work with the government’s offer to charge with a gas price of 90 Euros per MWh and the current design of the Iberian exception. Entire cogeneration industry at a loss, only plants that can’t stop working”.

Source: Informacion

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