On 13 October 2009 the Belgian federal government decided to postpone the nuclear phase out of the three eldest nuclear plants (Doel I, Doel II and Tihange I) with 10 years. This would mean that all Belgian nuclear plants will close between 2022 and 2025.
As a favour in return, GDF Suez and Electrabel (hereinafter 'GDF Suez') would have agreed to pay between 215 and 245 M EUR per annum (until 2014). GDF Suez will also invest in R&D on CCS and nuclear waste, in renewable energy and in energy efficiency.
At the same time, a 'Follow Up Committee' will be installed. This Committee will be composed out of representatives of the nuclear producers, the government and the social partners, and of representatives of the National Bank of Belgium. The main tasks of this Committee will be to yearly evaluate the production costs of nuclear energy and to evaluate the electricity market prices. It will also have to verify that the household prices of all suppliers will in no way be higher than the average of the prices in the neighboring countries.
During a meeting in March 2010 between DG Energy's representatives and the cabinet of the Belgian minister of energy, DG Energy handed a long list of questions on the agreement between GDF Suez and the Belgian state. Amongst a lot of others, following questions appear to have been asked: Did the Belgian government contact other energy market participants? On which basis the contribution of 215 to 245 M EUR per annum was calculated? Is there a link with the profits of GDF Suez as a result of the postponement? Did the Belgian government calculate the value for GDF Suez of such a postponement? What were the results of such calculation and the eventual studies on which it was based?
The Belgian government must respond by 8 April 2010.
Thursday 25 March 2010
European Commission bombards Belgian government with questions on nuclear deal with GDF Suez
Tuesday 9 March 2010
Council of State decides that non-Flemish green electricity certificates cannot be used in the Flemish Region
In different decisions of 1 February 2010 the Council of State dismisses the argument invoked by electricity suppliers that the Flemish energy regulator VREG has to accept non-Flemish green electricity certificates (groenestroomcertificaten) allowing the suppliers to comply with their obligation to hand in a certain amount of those certificates in relation to the electricity they supplied the preceding year.
The Council of State explicitly refers to article 25 of the Flemish electricity decree. According to the Council of State, the Flemish government only has to accept such non-Flemish green electricity certificates if the underlying non-Flemish regulation gives the same guarantee as the Flemish regulation.
Tuesday 2 March 2010
Fluxys finally appointed as system operator
By ministerial decrees of 23 February 2010 Fluxys has been appointed as definitive transport system operator and as operator of the storage facilities in Loenhout. By ministerial decree of the same date, Fluxys LNG has been appointed as operator of the LNG terminal in Zeebrugge.
All three ministerial decrees were published in the Moniteur belge/Belgisch Staatsblad of today.
Monday 1 March 2010
Congratulations
I warmly congratulate colleague and energy law expert Prof. Marc Van der Woude with his nomination by the Dutch government for the post of Judge at the EU Court of Justice.
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