BGWEA appeal to the Administrative Court Sofia City

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Dear colleagues,
Today BGWEA appeal to the Administrative Court Sofia City against the refusal of energy regulator EWRC to provide access to public information.

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: mainly 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.

The deadline for response from the regulator expired on December 1. Until, December 29th we didn’t receive response to our request for access to information. Therefore, BGWEA officially submit a complaint in the Administrative Court against the silent refusal of EWRC to provide the requested information. At our request was initiated Adm. case № 1015/2016 .. Currently, we expect a decision on the same.

As we informed you last week, ten months after submission of our access to information request, we received a letter from EWRC, which we were invited to receive a official decision on our request for access to public information. By its decision EWRC not be considered our application without pointing any reasons.

Therefore, today BGWEA appeal to the Administrative Court Sofia City against EWRC refusal to provide requested information.
The complaint developed arguments for violation of the requirement of legal form of the decision on Access on Public Information Act, as well as significant violations of procedural rules of substantive law and deviation from the purpose of the 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.

In the application, we pay attention to the unlawful conduct of the defendant concerning the granting of the requested information.

We will update you on any further updates on this matters.

BGWEA team

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