Bangkok, The Supreme Administrative Court has ordered to reverse the order of the Administrative Court of First Instance. It is to dismiss the request of Wind Khon Kaen 2 Company Limited, which asked the court to order a stay of enforcement of the resolution of the Energy Regulatory Commission.
The Supreme Administrative Court has reversed the order of the Administrative Court of First Instance, dismissing the request of Wind Khon Kaen 2 Company Limited, a member of Energy Absolute Public Company Limited (EA), to suspend enforcement of the resolution of the Energy Regulatory Commission (EC). P.) that approved the results of the selection of 175 applicants for electricity production, only in the part that did not have a list of Wind Khon Kaen 2 and the announcement of the Office of the Energy Regulatory Commission regarding the list of applicants for electricity production that received Selection according to the Energy Regulatory Commission regulations Concerning the procurement of electricity from renewable
energy in the form of Feed-in Tariff (FiT) 2022 – 2030 for groups with no fuel costs. Only in the part where Wind Khon Kaen 2 is not listed.
Wind Khon Kaen 2 has submitted an offer to sell electricity from renewable energy with no wind energy fuel costs. To the Electricity Generating Authority of Thailand (EGAT), the amount of electrical energy offered for sale is 90 megawatts. The earliest date for supplying electricity into the commercial system according to the contract (SCOD) is within 31 Dec. 2025, the latest is within 31. Dec. 2020 and is a person who has passed the minimum technical readiness score according to the pass or fail criteria in the appeals consideration stage. The Energy Regulatory Commission has approved the results of the selection of 175 applicants for electricity production and the Energy Regulatory Commission Office. The names of 22 applicants for electricity production that have been selected for wind energy have been announced, without the names of Wind Khon Kaen 2. Therefore, Wind
Khon Kaen 2 has filed a lawsuit asking the court to revoke the resolution and announcement. Including requesting the court to issue a temporary protection order before sentencing. The Central Administrative Court has issued a temporary protection order before judgment. By allowing the enforcement of the resolution to be postponed. The Energy Regulatory Commission has approved the results of the selection of 175 applicants for electricity production and temporarily suspended the enforcement of the Office of the Energy Regulatory Commission’s announcement regarding the list of 22 applicants for electricity production selected for wind energy. Until the court rules or orders otherwise, then the Office of the Energy Regulatory Commission submits a petition to appeal the order of the Administrative Court of First Instance.
The Supreme Administrative Court considered and found that The Administrative Court of First Instance’s order temporarily suspending the enforcement of the resolution and dispute announcement c
annot be considered an order that will cause serious damage to the public interest or the rights of the two defendants in the case. Therefore, it is considered that it is not appropriate to issue an order suspending the order of the Administrative Court of First Instance that ordered a stay.
and saw that The Project Selection Subcommittee has established criteria for evaluating technical readiness and selection methods in 5 areas: (1) readiness in space (2) readiness in appropriate technology (3) readiness in fuel or energy potential. (4) Financial readiness (5) Suitability of the operating plan showing the project development time frame. By considering the documentary evidence submitted with the electricity sales offer and submitting a list of applicants for electricity production who have passed the minimum technical readiness criteria according to the Pass/Fail Basis criteria to the Energy Regulatory Commission. The Project Selection Subcommittee considers selection according to quality criteria (Scoring)
, sorting technical readiness scores from highest to lowest and ranking them until they meet the target quantity framework for purchasing electricity from wind energy. There are 22 wind power producers selected to participate in the project, totaling 1,490.20 megawatts.
The Project Selection Subcommittee considered the readiness of Wind Khon Kaen 2, not the land owner. There is no certainty in land use. and there is a small proportion of the area according to use rights to the area within which the wind turbine falls. without showing documentation of readiness to procure an electrical transformer (Transformer) from the manufacturer or owner of the technology and the proportion of registered capital to the total amount of electricity offered for sale for all projects under the same juristic person is less than 5 million baht per megawatt. and received financial support from commercial banks of less than 75% of the project value. Therefore, it was not selected because the amount offered for sale exceeded the r
emaining electricity purchase target. The action of the Project Selection Sub-Committee is therefore legal.
The Supreme Administrative Court therefore ordered to dismiss the request of the Office of the Energy Regulatory Commission and the Commission. The Energy Regulatory Commission requested that the order of the Administrative Court of First Instance be suspended temporarily suspending the enforcement of the administrative order before deciding the appeal. and there was an order reversing the order of the Administrative Court of First Instance It is to dismiss Wind Khon Kaen 2’s request for the court to order a stay of enforcement of the Energy Regulatory Commission’s resolution
Source: Thai News Agency
