Request for access to public information to the EWRC

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Dear Colleagues,

After successfully led a lawsuit on access to public information BGWEA oblige EWRC to rule expressly on the application for access to information.
By the end of the court case of EWRC refused to rule expressly on the application of BGWEA .

After the court case,  EWRC have ruled specifically on the application of BGWEA, but in practice still refuse to provide access to information.

There is the possibility of judicial review of the new refusal.

Let us recall the facts.

On November 17 2015, BGWEA team submitted a request for access to public information to the Energy and Water Regulation Committee (EWRC). BGWEA wants to grant the following information:

  1. First we want access to all the financial models used to calculate the preferential price for purchasing electricity generated from wind, together with their underlying pricing factors within the meaning of Article 21 of Ordinance №1 from 18.03.2013g. regulating the prices of electricity. BGWEA wants all financial models from 2006 to 2014. incl.
  2. Next we want from EWRC to provide access to the report of the Public Financial Inspection Agency (PFIA), based on the revisions on the wind power plants conducted in 2015.
  3. Finally, BGWEA asked to provide a reference that shows a comparison between the level of price factors underpinning the financial models and values identified in the internal audit controls.

EWRC  lawyers presented a few pages written reasons to argue that the regulator does not owe the requested information and that he had not been dismissed.

As the reasoning in it’s defense, BGWEA expose following:

The silent refusal of the Commission to provide the requested information is materially inconsistent with the procedural and substantive law.

Moreover, requested information is one of the overriding public interest. From this information will be evident how the regulator determines the preferential price at which to buy electricity produced by wind farms. This is of great importance for the whole society, because of the broad public debate regarding the production of electricity from renewable sources.

We will keep you informed on the topic.

BGWEA team

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