22.12.2009, 21:03
Ukrenergo to Sign Contracts Based on Auctions Results No Matter What
OREANDA-NEWS. December 22, 2009. Ukrenergo still has not signed contracts with the winners of the auctions for access to cross-border electricity transmission capacities held on 16.12.2009, reported Alexey Magda, the Commercial Director of Vostokenergo LLC, who took part in the auction.
According to Alexey Magda, after holding the auctions Ukrenergo was to conclude contracts with the auction winners within 3 business days, subject to the law ‘On Electric Power Industry’. This deadline expired on 21.12.2009.
Alexey Magda says that the ruling of the Economic Court of Kiev city dated 11.12.2009 in the case of Ukrinterenergo can not hinder Ukrenergo in entering into agreements. ‘To avoid any doubts Vostokenergo applied to the Institute of Philology, part of the Taras Shevchenko Kyiv National University, for their expert analysis of the wording of the ruling issued by the Economic Court of Kiev city. The Institute of Philology has already provided their opinion,’ informed the company’s representative.
According to the linguists’ expert opinion, clause 2 in the operative part of Kiev Economic Court’s ruling may be interpreted simplistically as follows: ‘To forbid Ukrenergo to enter into any transactions on providing access to Ukraine’s electrical networks that are used for execution of contracts concluded by Ukrinterenergo on the tender basis’. That is, ‘it is not that Ukrenergo is forbidden to enter in any transactions, but only the transactions on provision of access to the electric networks in Ukraine that are used for execution of contracts concluded by Ukrinterenergo on the tender basis’.
To interpret the meaning of the phrase, the procedures of text simplification based on keyword components alongside with contextual, superfix (text-linguistic) analysis were applied.
As reported earlier, cl.2 of the operative part of the ruling issued by the Economic Court of Kiev city dd. 11.12.2009 in full form reads as follows: ‘Until the resolution in the case becomes enforceable, to forbid the state enterprise Ukrenergo National Energy Company (25 Kominterna Street, Kiev City, 01032, USREOU code (Unified State Register of Enterprises and Organizations of Ukraine) 00100227) to enter into any transactions (conclude contracts/agreements, make amendments and supplements to agreements/deals) which terms and conditions stipulate the provision by Ukrenergo NEC SE of services to grant access to the transmission capacities of the cross-border electricity lines of Ukraine with indication of technical conditions for exports of electricity in the volume of available capacity of the cross-border electricity lines of Ukraine used to fulfill the foreign economic electricity exporting contracts concluded by the State Foreign Trade Company Ukrinterenergo (85 Frunze Street, Kiev, 04080, USREOU code 19480600), on the basis of auctions for access to the transmission capacity of the cross-border electricity networks of Ukraine to export electricity’.
Alexey Magda emphasized that under those circumstances nothing prevents Ukrenergo from signing contracts with the auctions’ winners.
According to Alexey Magda, after holding the auctions Ukrenergo was to conclude contracts with the auction winners within 3 business days, subject to the law ‘On Electric Power Industry’. This deadline expired on 21.12.2009.
Alexey Magda says that the ruling of the Economic Court of Kiev city dated 11.12.2009 in the case of Ukrinterenergo can not hinder Ukrenergo in entering into agreements. ‘To avoid any doubts Vostokenergo applied to the Institute of Philology, part of the Taras Shevchenko Kyiv National University, for their expert analysis of the wording of the ruling issued by the Economic Court of Kiev city. The Institute of Philology has already provided their opinion,’ informed the company’s representative.
According to the linguists’ expert opinion, clause 2 in the operative part of Kiev Economic Court’s ruling may be interpreted simplistically as follows: ‘To forbid Ukrenergo to enter into any transactions on providing access to Ukraine’s electrical networks that are used for execution of contracts concluded by Ukrinterenergo on the tender basis’. That is, ‘it is not that Ukrenergo is forbidden to enter in any transactions, but only the transactions on provision of access to the electric networks in Ukraine that are used for execution of contracts concluded by Ukrinterenergo on the tender basis’.
To interpret the meaning of the phrase, the procedures of text simplification based on keyword components alongside with contextual, superfix (text-linguistic) analysis were applied.
As reported earlier, cl.2 of the operative part of the ruling issued by the Economic Court of Kiev city dd. 11.12.2009 in full form reads as follows: ‘Until the resolution in the case becomes enforceable, to forbid the state enterprise Ukrenergo National Energy Company (25 Kominterna Street, Kiev City, 01032, USREOU code (Unified State Register of Enterprises and Organizations of Ukraine) 00100227) to enter into any transactions (conclude contracts/agreements, make amendments and supplements to agreements/deals) which terms and conditions stipulate the provision by Ukrenergo NEC SE of services to grant access to the transmission capacities of the cross-border electricity lines of Ukraine with indication of technical conditions for exports of electricity in the volume of available capacity of the cross-border electricity lines of Ukraine used to fulfill the foreign economic electricity exporting contracts concluded by the State Foreign Trade Company Ukrinterenergo (85 Frunze Street, Kiev, 04080, USREOU code 19480600), on the basis of auctions for access to the transmission capacity of the cross-border electricity networks of Ukraine to export electricity’.
Alexey Magda emphasized that under those circumstances nothing prevents Ukrenergo from signing contracts with the auctions’ winners.
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