Solar power investor in Gia Lai complains about suspension of electricity purchase and sale

Rooftop solar power systems in Krong Pa district have stopped purchasing electricity. Photo: Thanh Tuan

Enterprises complain to Gia Lai Electricity Company

On July 7, representatives of two rooftop solar power investors in Krong Pa district said they had sent a complaint letter to the Provincial People's Council, the Internal Affairs Committee, the Department of Industry and Trade, and the Gia Lai Provincial Party Committee's Inspection Committee about the Gia Lai Electricity Company terminating the purchase of electricity.

The investor believes that unilateral termination of the power purchase contract is a violation, affecting the rights and causing economic damage to the enterprise. The investor requests that the competent authority promptly apply timely preventive measures, in accordance with the law.

Previously, Gia Lai Electricity Company (under the Central Power Corporation) sent a notice about temporarily stopping receiving rooftop solar power purchases from Thanh Danh Production and Trading Company Limited and Van Phat Green Energy Company Limited (located in Krong Pa district).

According to Gia Lai Electricity Company, the suspension of electricity purchase from May 24, 2024, is due to the investor not yet overcoming the existing problems in the construction works; not yet dismantling 953 solar panels on the system to increase the scale of generation capacity.

Ms. Nguyen Thi Mong Huyen - legal representative of the two companies - said she was very upset with this decision. Because the electricity industry not only owes the two companies nearly 30 billion VND in electricity purchases since 2021, but also unilaterally stops buying electricity to send to the grid.

Two rooftop solar power investors complained about Gia Lai Electricity's unilateral breach of contract. Photo: Thanh Tuan

“Gia Lai Electricity Company’s reasons for suspending electricity purchases are unreasonable, forcing businesses into difficult situations if they do not comply with their will. Businesses only hope to find justice from the final ruling of the Supreme Court,” said Ms. Nguyen Thi Mong Huyen.

Not yet resolved the matter

According to Ms. Huyen, the electricity sales facility of Thanh Danh Production and Trading Company Limited and Van Phat Green Energy Company Limited is the rooftop solar power system of livestock, crop, forestry projects... according to Circular No. 02/2020/TT-BNNPTNT. Farm owners are responsible for organizing production and business in accordance with land use planning in the area.

Therefore, these two electricity sales facilities are not required to supplement construction safety records and procedures. Meanwhile, the two power systems have completed acceptance records, signed electricity sales contracts and put into operation before December 26, 2020.

Gia Lai Electricity Company also requested the two investors to separate the connection of 953 photovoltaic panels corresponding to the capacity not included in the power purchase contract. According to Ms. Huyen, this request is baseless, the determination of whether the enterprise arbitrarily installed beyond the capacity or not is in the dispute stage and awaits the decision of the competent court.

Regarding the dispute between the Electricity sector and the investor, the Standing Committee of the Gia Lai Provincial People's Council has forwarded the petition to the Chairman of the Provincial People's Committee for consideration, resolution and response to the companies according to regulations.

There is no basis to confirm that businesses arbitrarily installed additional solar panels. Photo: Thanh Tuan

As reported by Lao Dong Newspaper, in 2023, the High People's Court in Da Nang held a trial and determined that the Central Power Corporation and Gia Lai Power Company did not have documents or evidence to prove the location and time the company installed the solar panels.

In addition, electricity output from April 2021 to September 2022 increased and decreased, not simply increased. Therefore, the electricity industry believes that the two businesses arbitrarily installed 953 additional panels, which is unfounded.

In fact, for more than 3 consecutive years, Gia Lai Electricity Company has continued to purchase electricity generated by Thanh Danh Production and Trading Company Limited and Van Phat Green Energy Company Limited, but has refused to pay the investor for the electricity, causing the enterprise to be in a spiral of debt and struggling in a protracted litigation cycle...

From October 2023 to present, the entire case file is currently being received by the Supreme People's Court, processed according to its authority and waiting for a trial date to be set.

Source: https://laodong.vn/kinh-doanh/chu-dau-tu-dien-mat-troi-o-gia-lai-khieu-nai-vi-bi-tam-dung-mua-ban-dien-1362884.ldo