The 2022 frenzy of capping energy and gas prices continues to claim “victims” in 2023. The numerous changes, conditions and notices introduced in the decree 27/2022, to which we can add incomplete public notices and the lack of clear information for consumers, aggravated by a massive delay in billing, today put some consumers on the verge of hysteria and pay 20% more bills

The collapse of the electricity market in 2022 has caused many consumers to remain without a supplier and switch to the supplier of last resort – FUI. Emboldened by public announcements of “sleep tight dear consumers, the ‘Supplier of Last Hope’ is thinking about not running out of gas”, after finding no supplier willing to sell them electricity, they resigned themselves to their fate of falling under the control of the FUI.

Consumers’ understanding of Article 28 of the Regulation on the supply of electricity in the last case: “In the event of termination of the supply contract concluded between the supplier and the end consumer, the places of consumption of the end consumer, which are the subject of the contract” and which are in a situation where the supply was not ensured of electricity are accepted automatically as a result of a notification sent by the OD to the designated FUI as a result of a notification received by the OD from the old supplier regarding the termination of the supply contract concluded between the supplier and the customer.”

Naturally, non-household consumers who were transferred to FUI against their will understood that this “simple transaction” would not affect them, given that the price for them is “regulated” by the provisions of Article 1 of GEO 27/2022:

“Maximum price of 1 lei/kWh, including VAT, for 85% of monthly consumption made at the point of consumption, the difference in monthly electricity consumption is billed at a maximum price of 1.3 lei/kWh, including VAT, based on certificate of legal representative for the following categories of consumers:

• (i) small and medium-sized enterprises, as defined in Law No. 346/2004 on the stimulation of the creation and development of small and medium-sized enterprises, as amended, hereinafter referred to as SMEs;

• (ii) regional operators/operators defined in Art. 2 years g) and h) from the Law on Public Utilities No. 51/2006, reissued, with the following changes and additions, which provides/provides communal services provided for in Art. 1 paragraph (2) lit. a), b), b 1 ), c) and h) of Law No. 51/2006, reissued, with the following amendments and additions, Bucharest Metro Company “Metrorex” – SA, as well as airports subordinated/coordinated or subordinated to the Ministry transport and infrastructure;

• (iii) economic entities in the field of food industry, identified by CAEN code 10, as well as economic entities in the field of agriculture and fishing, identified by CAEN codes 01 and 03;

• (iv) local government bodies and institutions, decentralized public services of ministries and other central authorities, companies and commercial companies of district, municipal or local interest, autonomous governments and all public and private institutions providing public services, in accordance with the law, if they are created or organized at the level of communes, cities, municipalities, counties, the municipality of Bucharest and, depending on the circumstances, at the level of administrative-territorial subdivisions of municipalities or at the level of development associations between communities, which are under the management, coordination, control and subordination of local government bodies;

• (v) national research institutes, as defined by Government Resolution no. 57/2002 on scientific research and technological development, approved as amended by Law no. 324/2003 with subsequent changes and additions;”

The delay in electricity bills for 4-6 months was a surprise:

The 4-6-month delay in electricity bills came as a surprise: the price of electricity to be paid by consumers does not comply with GEO 27/2022 1 lei/kWh, including VAT, for 85% of the monthly consumption made at the point of consumption, the difference in the monthly electricity consumption to be billed at the maximum price of 1.3 lei/kWh, including VAT, but it is 1.3 lei-Wh with VAT, because they did not submit a new statement under oath of the legal representative and to the FUI.

All consumers sent this declaration to the old supplier, but did not renew this bureaucratic action when they were transferred against their will to the FUI based on the provisions of Article 28 of the FUI Regulation, consumers “in the absence of insurance, the supply of electricity is accepted automatically as a result of the notification sent by the OD to the designated FUI, as a result of the notice received by OD from the old supplier regarding the termination of the supply contract concluded between the supplier and the buyer”.

Thus, after 4-6 months, small non-household consumers find themselves in a situation where they can do nothing but pay up to 20% higher electricity bills.

Editor’s note: Dumitru Chisalita is the president of the Intelligent Energy Association