The comment of the Polish Electricity Association on the Tempus Legal Action against the Polish Capacity Market.

As far as the main pleas are not publicly available yet, we may assume on the basis of the Tempus’ press release that the two main concerns regarding the Polish Capacity Market are: 1) one year contracts for DSR customers and; 2) the lack of a formal investigation (a second phase of the capacity mechanism assessment).

However, it should be borne in mind that the Polish CRM was designed taking the UK case into account, therefore the DSR customers are eligible under the Polish Capacity Mechanism to receive up to a five years contract, which means that this plea has no legal grounds under the Polish Capacity Mechanism scheme. Polish Capacity Mechanism is based on a technology neutrality principle, open to cross- border participation and based on auctions to provide the consumers with the lowest prices.

The decision granting the Polish Capacity Mechanism is based on an individual notification procedure, which may not be ex-ante equalized to the UK-case. Therefore, we do not see any reliable grounds for the successful action against the Polish Capacity Market.