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Tuesday, May 28, 2024

Tauron vs Rafako. Payment requests. Company comments

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We do not intend to enter into the emotional conflict into which Rafako’s management board is trying to draw us, Tauron wrote on social media. In this way, the company commented on the call for payment of PLN 857.6 million sent by Rafako. Earlier, Tauron sent Rafako a call for payment of PLN 1.3 billion as contractual penalties and damages for defects in the unit in Jaworzno.

Rafako was the contractor of a new 910 megawatt Tauron power unit in Jaworzno worth over PLN 6 billion. The companies have been arguing for many months over problems in the operation of this unit. On Wednesday, Tauron called Rafako to pay over PLN 1.3 billion in contractual penalties and damages. Rafako completely disputes Tauron’s demands, announcing that it intends to file for bankruptcy. On Friday, Rafako filed claims with Tauron for a total amount of PLN 857.6m.

“The idea of ​​Rafako management could be treated as a gloomy joke”

On Friday late in the evening, representatives of Tauron commented on Rafako’s demands on Twitter.

“The idea of ​​Rafako’s management board, which boils down to building unrealistic claims, could be treated as a gloomy joke, if not for the fact that the future of this company will be decided in the coming days. The Tauron Group declares its support for Rafako’s subcontractors and employees in this difficult time” – it was written in statement. “It is with great sadness that we observe that Rafako’s management, instead of preparing for negotiations before the General Prosecutor’s Office, the outcome of which may have a significant impact on securing the interests of the company’s employees, is writing letters to trigger another media war,” wrote Tauron.

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In another post on social media, Tauron emphasized that “we do not intend to enter into the emotional conflict in which Rafako’s management is trying to drag us”.

It was explained that the company wants to “talk about the schedule for removing the reported defects and extending bank guarantees. We will not refer to the content of the letter itself, it is only a projection of the reality of Rafako’s management board, and the presented claims have no business, legal or logical justification.”

Tauron’s call, Rafako’s call

On Friday, Rafako called on Tauron Wytwarzanie to pay PLN 606.5 million, and Tauron Polska Energia to pay PLN 251.1 million. This should be, among others compensation for – as stated in the communiqué – “damage attributable to Tauron Wytwarzanie (…) resulting from the violation of personal rights and the loss of the possibility of acquiring (by Rafako) new orders, resulting from the lack of reduction of financial guarantees securing the contract” regarding the unit in Jaworzno. Tauron is also to pay Rafako – as the company from Racibórz wants – compensation “for the damage caused by Tauron Wytwarzanie resulting from the extension of the contract”. Earlier, last Wednesday, Tauron Wytwarzanie sent Rafako a call for payment of PLN 1.3 billion as contractual penalties and compensation for defects in the unit in Jaworzno. “If Rafako enters into constructive talks leading to a settlement, it is possible that Tauron Wytwarzanie may consider suspending further legal actions resulting from the issuance of the note,” said the company’s president, Trajan Szuladziński, quoted in Tauron’s communiqué. A day later, Rafako’s management board announced that in connection with Tauron’s summons, the company intends to file for bankruptcy. Rafako questions Tauron’s demands in their entirety, and also assesses that “a state of insolvency occurred” in connection with the delivery of the summons. The Management Board of Rafako assessed that there is a risk that Tauron Wytwarzanie will take advantage of the contract performance bonds established by the company, as the contractor of the power unit, in the amount of almost PLN 550 million.

Meeting at the Attorney General’s Office

A meeting of representatives of Tauron Wytwarzanie and Rafako at the headquarters of the General Prosecutor’s Office is scheduled for Monday. “The owner of the 910 MW block in his actions is guided by care for the well-being of the unit in Jaworzno and the stability of the national power system. He also remains open to talks with Rafako” – assured Tauron in a Thursday communiqué. The 910 MW unit, built at a cost of over PLN 6 billion, was launched with a delay in November 2020. In June 2021, it was shut down due to defects that have since been repaired by contractors from the Rafako-Mostostal Warszawa consortium. The unit was launched again – also with a delay compared to the original plans – at the end of April last year. After that, the block was temporarily turned off twice more. According to Rafako, the reason for the failure was the inadequate quality of coal supplied by Tauron. The energy company disagreed.

Read also: Rafako intends to file for bankruptcy. “In this situation, a settlement is impossible”

Main photo source: Tauron

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