There is no legal basis, according to Law 123/2012 interpretation by the Regulatory Authority for Energy ANRE.
In an attempt to change this situation, the management of Hidroelectrica addressed the Ministry of Energy – in the month of March 2015 – for an opinion on the interpretation of the possibilities for export for energy producers, but received no answer in legal terms, according to a company document.
Hidroelectrica notified also the Competition Council, which claims that – in energy market analysis – will consider the issue of energy producers.
According to ANRE interpretation, power producers do not have the legal right to export energy, which means that Hidroelectrica and Oltenia Energy Complex can not use foreign representations and their own trading firms.
No producer cannot evade the obligation to supply all available electricity to local system and thru OPCOM power exchange.
Romania must be net energy exporter, argue experts, energy market participants, authorities, the strong argument is that by exporting energy, Romania is developing healthy, grow revenue and energy sector is becoming increasingly competitive. In 2014, Romania has imported a quantity of about 1.07 TWh of energy and has exported 8.20 TWh; Those values are not border physical flows, but are the result of trade, according to monthly monitoring reports made by CN Transelectrica SA
Romania’s electricity exports grew by 27% in the first five months of this year, compared to the same period of past domestic markets after market coupling in the Czech Republic, Slovakia and Hungary, stated ANRE.
ANRE Annual Report shows that export transactions were conducted only by competing providers, given that in 2014 no producer reported export transactions energy. Even if notified Hidroelectrica, Transelectrica, in December 2014, a power exports allocating interconnector and to this end has not done transactions, thus avoiding fines from the Authority.
Neither CE Oltenia risked not to export energy.Dana Dunel Stancu, Coordinator energy practice in the law firm Biris Goran, says there is no regulation that says expressly that producers may or may not export electricity from their portfolio.
Perhaps ANRE needs a clear legal support that will help to fulfill their duties towards achieving the objective of eliminating restrictions on trade in electricity between Member States (as he says in Article 36 of Directive 2009/72 / EC concerning common rules for the internal market in electricity, consider Dana Dunel Stancu.
Hidroelectrica and CE Oltenia prepared for export
Both Hidroelectrica and CE Oltenia set up their own energy traders. Exports remain a priority for energy producers. At the end of 2014, Hidroelectrica signed contracts for the supply of the Hungarian market throughout the year 2015, but plans were not carried out. The company has a limited liability company, headquartered in Belgrade, Serbia, with main activity – trade in electricity, and an office / trading house, inaugurated in December 2014 in Budapest, Hungary. Hidroelectrica wanted to trade in foreign markets amounts of energy 250,000 MWh in 2015.
And Oltenia Energy Complex has established electricity trading firm, which is functional from January 2015 but can not export through it. Local medias reported that the representatives of CE Oltenia authorities have taken steps on the possibilities to export energy, but without any response from clients.
