Energy Club calls on the NEURC to harmonize market rules with the actual state of the energy system

26.01.2026

The Energy Club business community has officially appealed to the National Commission for State Regulation of Energy and Utilities (NEURC), with copies sent to the Ministry of Energy and the National Security and Defense Council of Ukraine.

The appeal was prompted by the critical situation in the electricity market: suppliers are being forced to pay penalties for imbalances arising through no fault of their own, but as a result of forced power outages and emergency conditions within the power system.

The letter emphasizes a dangerous legal discrepancy. On January 15, 2026, the Cabinet of Ministers of Ukraine adopted Resolution No. 39, which de facto recognized the existence of a state-level emergency, approving measures to overcome it and acknowledging the need for large-scale imports. However, this status has not yet been legally formalized within market rules. The system is operating in emergency mode. NPC Ukrenergo regularly applies restrictions due to capacity shortages. This meets the “Emergency” criteria specified in the Transmission System Code. Yet, NPC Ukrenergo has not officially declared an emergency in accordance with the procedure. As a result, the market continues to function under “peacetime” rules.

“We are witnessing a situation where businesses are fined for state-level force majeure events. Suppliers are held financially responsible for imbalances caused by dispatcher commands to disconnect consumers. Maintaining such a model creates a systemic risk of bankruptcy for supplier companies, threatening to disrupt contracts for hospitals, water utilities, and other budgetary institutions,” the Club’s appeal states.

To maintain market stability, the business community calls on the Regulator to take urgent action:

• Assess NPC Ukrenergo’s inaction regarding non-compliance with the requirements of Chapter 14 of the Transmission System Code (official recording of an emergency).
• Ensure fair settlements. Initiate changes to the regulatory framework to introduce a special algorithm for the crisis period. Specifically, exempt suppliers from liability for imbalances caused by the application of restriction schedules and emergency shutdowns.
• Create an anti-crisis working group involving the NEURC, Ukrenergo, and business associations to promptly adapt market rules.

Energy Club is ready to provide professional expertise to develop the necessary solutions and expects a constructive response from the authorities.