This National Court Prosecutorhe opened investigative proceedings natural for Allegation of fraudulent crime to change prices in the electricity marketAs a result of the sanction imposed on the company by the National Markets and Competition Commission. The investigation is opened “with the aim of determining the scope of the incidents and determining whether a possible investigation will be made regarding possible crimes against consumer rights”, for which the central body is authorized.
As reported Wednesday, National Court prosecutors are receiving orders directly from the Justice Department’s Technical Secretariat to investigate possible corrupt behavior by the power company. State Attorney General’s Office, although there was already a warning submitted by the consumer association to Anti-Corruption at the beginning of August regarding the same incidents facua Tax sources make it clear that the issue is relevant because it can be communicated to the central body. damage caused by inheritance to the general population on the territory of more than one Audiencia.
Contest Condition
For the time being, some information has been requested from the Contest. Especially to clarify whether your decision is sound or still valid. some resources are expected before the courts, “with an indication of the judicial branch and process in this case”.
The Department of State also wants to know whether the sanctioned behavior “has the effect of increasing the final price paid by consumers and users” and whether the price increases for consumers caused by the sanctioned behavior are “reflected to all or a limited segment”. part of the national territory.
On the other hand, the Attorney General of the National Court has a request. “rough estimate” of damages The legacy that the final increase in final prices causes to consumers and users.
fined six million
The consumer association also filed its complaint against Naturgy with both the Attorney General’s Office and the Anti-Corruption Office, and they explained the situation to El Periódico de España of the Prensa Ibérica group, after learning that CNMC had fined the electricity company. plus six million euros For the crime of “providing adjustment services for electricity generation in the market with excessive and different prices, especially with technical constraints, without any justification, in relation to the offers they offer in the daily electricity market in order to increase their income”.
The association is keeping up with what’s going on. Article 284 of the Penal Code, This provides for imprisonment of six months to six years and fines for those responsible for the reported manipulations.
In addition, in order to compensate for the extra costs incurred, the Competition 35.5 million compensatory contribution The liquidation of the system operator may be ordered in order to compensate for the damage caused by the reduction of the demand for the cost of obtaining the energy. This amount will be distributed among the claims in an equal number of months pending the case, that is, within a total of 22 months.
On this occasion, sources announced that an appeal was filed against this sanction in the courts. In their pre-contest claims, they argued that the facility “consistently formulated its proposals with restrictions.” try to heal reasonably -this is not understood- your total costs Participating in the best and imperfect estimate of competitive conditions at every moment”.
The regulatory sanction against the energy company refers to actions taken by the control center in the technical constraints market segment. Combined cycle ‘Sabón 3’ in Galicia’s electric region In the period from March 23, 2019 to December 31, 2020.
According to CNMC, ‘Sabón 3’ took advantage of the low competition in the restraint market to increase its offerings in the technical restraints market, thereby generating higher revenue.