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Hidroelectrica: Establishing different offers for prosumer end customers is based on objective and fair reasons

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The establishment of different offers for end customers with prosumer status is based on objective and fair reasons, considering the impact produced by prosumers on the balance of the network and the additional costs that this impact implies, claim Hidroelectrica representatives, in a press release sent to AGERPRES on Tuesday.

The energy producer thus responded to the press release issued on Monday by the Association of Energy Prosumers and Communities (APCE), which stated that „Hidroelectrica imposes different and discriminatory prices for the same energy”.

„Following the press release issued by the Association of Energy Prosumers and Communities (APCE) on March 3, 2025, Hidroelectrica wishes to express its point of view, pursuant to the right of reply regulated by art. 49 of the Code regulating audiovisual content and to clarify some aspects related to its commercial practices. According to art. 52 paragraph (2) of Law no. 123/2012 on energy and natural gas („Energy Law”), electricity suppliers are free to establish the price at which they supply electricity, except for situations expressly regulated by law. Thus, there is no prohibition on establishing different prices for different categories of customers. The law also allows the establishment of distinct offers for different types of consumers (households, non-households, eligible, captive, etc.). In accordance with art. 62 paragraph (1) letter h^3) of the Energy Law, energy suppliers are obliged to provide customers with transparent information about the prices and tariffs charged, as well as about the contractual conditions and clauses,” the Hidroelectrica press release reads.

The company mentions that it respects the obligation to provide information and guarantees the transparency of its offers, without discriminating against any category of clients.

„The electricity supply regulation, approved by ANRE Order no. 5/2023, stipulates that suppliers must publish standard offers for household customers and micro-enterprises with an estimated annual consumption of less than 100,000 kWh. However, it does not prohibit suppliers from making other types of offers available, depending on the criteria established by them,” the cited document emphasizes.

Thus, Hidroelectrica claims that it has the right to offer multiple contract options, including personalized offers, to meet the diverse needs of its customers.

„In accordance with art. 11 par. (3) letter a) of ANRE Methodology no. 15/2022, electricity suppliers are obliged to purchase the energy produced by prosumers at a price identical to that in the electricity supply contract concluded with them. In the case of Hidroelectrica, the price charged for the supply of active energy consumed by prosumers is 0.28329 RON/kWh, including the TG component, and the same price is also applied to the purchase of energy produced by prosumers”, claim Hidroelectrica representatives.

Hidroelectrica also points out that the establishment of different offers for end customers with prosumer status is based on objective and fair reasons, considering the impact produced by prosumers on the balance of the network and the additional costs that this impact implies.

„Prosumers benefit from a lower price for the energy consumed, which is an advantage for them, and the energy produced that exceeds their own consumption is compensated according to the regulations in force. Hidroelectrica fully complies with the legal regulations regarding the supply of electricity and the protection of the rights of end customers. Our offers are transparent, and the price differentiation is in accordance with the legislation and market realities. We consider that our approach is fair and beneficial for all our customers, including prosumers, and we ensure the continuity of the provision of a quality service,” the press release further states.

APCE representatives expressed, on Monday, „dismay at the statement of the Hidroelectrica SA company, 80% owned by the state, which announced that, starting with April 1, 2025, it will increase the tariff for the energy produced by 60%, assuring the population that „we will continue to be well”.

„Paradoxically, in the same press release, Hidroelectrica SA, a company listed on the stock exchange, resorts to controversial financial practices when it comes to prosumers. Hidroelectrica wants to pay a lower rate for the energy injected into the network by prosumers who have chosen this company as their energy supplier. Thus, the company establishes two rates for active energy in the same period of time: 0.45329 lei/KWh for energy consumers and 0.28329 lei/KWh for prosumers. Through this artifice, Hidroelectrica buys energy from prosumers at a much lower price and resells it to other consumers at almost double the price,” the press release of the prosumers’ association stated.

Thus, APCE drew attention to the fact that establishing two different energy purchase tariffs for consumers is illegal.

„According to the definition of prosumer in Law no. 123/2012, art. 3, point 95, the prosumer is a final customer, like all other final consumers defined by the law in point 20: „Final customer – any natural or legal person who purchases electricity for their own consumption; within the scope of the law, the notions of „final customer” and „consumer” are equivalent.” In other words, the price of electricity sold to final customers by S.C. Hidroelectrica SA is not established on clear and transparent bases, but in a discriminatory manner, depending on who buys it,” the APCE press release stated.

Thus, PACE considers that this practice is contrary to the legislation in force and requests Hidroelectrica SA to review its pricing policy. At the same time, the association announced that it will inform the National Energy Regulatory Authority (ANRE) and the National Consumer Protection Authority (ANPC) about this unfair treatment applied to prosumers.

AGERPRES

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