Filip Elżanowski: Dispute Over the Interpretation of Price Law Provisions
A recent announcement by Poland's energy market regulator has sparked controversy within the electricity sector regarding the interpretation of price law provisions related to the pricing difference fund.
In January 2026, the President of the Energy Regulatory Office (URE) in Poland issued a communication that stirred significant discussion within the electricity sector. The communication was meant to clarify the method of calculating contributions to the Price Difference Payment Fund (FWRC), a mechanism outlined in the price law. However, instead of resolving interpretative uncertainties, the announcement has given rise to further confusion, raising concerns among energy companies regarding compliance and financial liabilities.
The new interpretation presented by the URE diverges not only from the previous stance that referred to settlement manager guidelines but also contrasts with a message issued by the URE in October 2023. This unexpected modification in the interpretation of price law provisions has implications for many firms, necessitating a reevaluation of ongoing calculations. Energy companies now face the prospect of needing to adjust their financial accounts, which potentially exposes them to additional obligations to pay any missing contributions to the FWRC (referred to as excess costs).
As the sector grapples with these alterations, the impact of this regulatory shift raises questions about the stability and predictability of the regulatory environment in the energy market. Companies must now navigate these complexities, balancing compliance with the potential for increased financial burdens, which could ultimately affect pricing strategies and market dynamics within the Polish energy sector.