Today, the Public Association “Energy Union” held an urgent meeting in response to the emergency situation in Ukraine’s energy sector caused by massive attacks on energy infrastructure.
The official website of the Ministry of Energy of Ukraine has published information stating that an emergency regime is in effect in the energy system. By government decision, the First Vice Prime Minister — Minister of Energy of Ukraine has been appointed as the head of the response and recovery operations. This means that the state officially recognizes the emergency in the energy system and is operating under a special management regime.
At the same time, the meeting noted that standard market rules continue to apply for electricity market participants — in particular regarding imbalances and financial responsibilities. This difference in approaches creates legal uncertainty, which directly affects not only suppliers but also end consumers, as it may lead to additional costs and higher prices.
Following the discussion, the Public Association “Energy Union” decided to send official letters to the Ministry of Energy of Ukraine, NPC “Ukrenergo,” and NEURC to obtain a clear and unambiguous response regarding the application of the emergency regime in the energy sector.
In particular, we requested an official clarification on the following key issue: whether the electricity system of Ukraine (or its separate regions) is currently considered to be under an emergency regime within the meaning of the Transmission System Code, and, accordingly, whether the special mechanisms and decisions provided for by the Code for the Transmission System Operator are applicable.
We note that current Ukrainian legislation directly and comprehensively regulates the issue of emergencies in the United Energy System of Ukraine as a special mode of electricity market operation, in particular through the Law of Ukraine “On the Electricity Market,” the Transmission System Code, the Market Rules, and NEURC Resolution No. 332 (as amended).
The absence of clear and consistent application of this legal regime in practice is already causing significant financial losses for market participants, sharply worsening their solvency, creating systemic risks to the stability of the electricity market, and potentially having direct negative consequences for end consumers.
We are convinced that clear decisions, transparent rules, and a unified approach are essential for ensuring stable electricity supply and protecting consumer interests during this challenging time for the country.