The NABU and SAP completed the investigation into the suspicion of 15 people involved in the introduction and operation of the so-called "Rotterdam+" formula, due to which electricity consumers illegally overpaid more than UAH 20 billion during 2018-2019. This is reported in message NABU dated January 16, 2023.
"This is the second episode of a large-scale investigation by anti-corruption authorities, which was revealed in October 2022. The investigation of the first one, on the suspicion of six people — regarding the illegal overpayment of more than UAH 19 billion during 2016-2017 — was completed in September 2022," the message says.
It is emphasized that the circle of suspects in the new episode includes:
2 former heads of the National Commission for State Regulation of Energy and Utilities (NKREKP);
6 former members of the NCRECP;
2 active members of the NCRECP;
1 current and 2 former employees of NKREKP;
2 current officials of the group of private heat generating companies.
Note that from 2015 to 2018 NCREKP it was headed by Dmytro Vovk, from 2018 to 2019 by Oksana Kryvenko.
"Six of these persons, who, according to the investigation, knowingly participated in the crime, received new suspicions under Part 2 of Article 364 of the Criminal Code of Ukraine. The actions of members of the NCRECP, who, without understanding, voted for the approval of the so-called "Rotterdam+" formula, were qualified under Part 2 of Article 367 of the Criminal Code of Ukraine.
The investigation believes that they improperly performed their official duties, which caused grave consequences for state and public interests," the department's position reads.
According to the investigation, in the so-called "Rotterdam+" formula, expenses were included that did not actually exist, namely, for the transportation of coal from the national producer to thermal power plants from the port in Rotterdam, NABU added.
As a result, according to NABU and SAP, end consumers overpaid more than UAH 2016 billion during 2019-39, which is confirmed by the expert's opinion.
"The investigation has evidence that representatives of a group of private heat-generating companies, who as a result received excess profits, persuaded the adoption of such a formula for the calculation of the NKREKP.
At first, the regulator did not agree, realizing the absurdity of including transportation costs in the tariff, but in March 2016, he accepted the mentioned proposal. As a result, there was an increase in electricity tariffs for industry, social infrastructure facilities, and entrepreneurs, which led to an increase in the price of goods and services for the final consumer, including basic necessities," NABU reminded.
We will remind you that in March 2016, the National Commission approved a new methodology for determining the wholesale market price of electricity. According to it, the cost of coal in the production of coal-fired power generation was calculated according to the formula "the cost of coal in the port of Rotterdam plus the cost of its delivery to Ukraine."
Due to the application of the new formula, thermal generation, including the generation of Rinat Akhmetov's DTEK and the state-owned Centerenergo, began to sell electricity at a higher price.
The formula became invalid on July 1 of this year in connection with the transition of Ukraine to the new electricity market.
On August 8, 2019, NABU detectives reported the suspicion to six people, including former head of the National Commission Dmytro Vovka, who headed the commission from 2015 to 2018. According to the investigation, Vovk, in prior collusion with a group of other persons, developed and in 2016 adopted an unsubstantiated regulatory act, the so-called "Rotterdam+ formula".
In April 2019, Dmytro Vovk flew from Ukraine to Belgium and has not returned since then. On August 20, he was declared internationally wanted. On November 11, the Appellate Chamber of the High Anti-Corruption Court arrested Dmytro Vovka in absentia, but on November 25, 2019, lawyer Iryna Odynets stated that the data on Vovka's international search were untrue.
