Case description
Former senior officials of DTEK and the National Commission for State Regulation of Energy and Public Utilities are accused of illegally applying the Rotterdam+ formula to coal at Ukrainian TPPs. The state suffered more than UAH 38 billion in losses, while DTEK made excessive profits.
The Rotterdam+ formula is a methodology for calculating the wholesale cost of coal transported to Ukrainian TPPs from ports in Rotterdam, the Netherlands. At the NCSREPU meeting in January 2016, the defendants in the case decided to apply the formula to the entire volume of coal of the same grade – 25.5 million tons, while the amount of Rotterdam coal was only 130,000 tons annually. This resulted in over UAH 18 billion in losses in 2016-2017.
The formula remained in effect during 2018-2019, and end consumers continued to overpay for electricity. In two years, the state suffered another UAH 20 billion in losses, and a second episode was added to the case, in which officials who did nothing to cancel the Rotterdam+ formula were added to the list of defendants.
The defendants in the case are:
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Ivan Heliukh, former CEO of DTEK Grids,
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Borys Lisovyi, former Advisor to DTEK Skhidenergo,
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Dmytro Vovk, former NCSREPU Chairman,
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Oksana Kryvenko, former NCSREPU Chairwoman,
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Volodymyr Butovskyi, former Head of the Energy Market Management Department at the NCSREPU,
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Taras Revenko, former Deputy Head of the Energy Market Department at the NCSREPU,
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Volodymyr Yevdokimov, former Director of SE Market Operator,
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Olena Antonova, Viktoriia Morozova, Ruslan Mashliakivskyi, Oleksandr Formahei, and Dmytro Kovalenko, former NCSREPU members,
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Yurii Holliak, Borys Tsyhanenko
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They are facing up to 6 years in prison. The actions of the defendants were classified under Article 364(2) of the Criminal Code of Ukraine, and some of the defendants were charged with Article 367(2) of the Criminal Code of Ukraine—neglect of official duty.
Volodymyr Butovskyi and Dmytro Vovk have been on the wanted list since 2019, they are being tried in absentia under a special procedure. Former NCSREPU members Borys Tsyhanenko and Yurii Holliak were exempted from criminal liability because the statute of limitations had expired.
Former NCSREPU Chairman Dmytro Vovk and Head of the NCSREPU Department Volodymyr Butovskyi were put on the wanted list in 2019 and are subject to special court proceedings.
