Rules of termination of photovoltaic power plant license
02. June 2017
The photovoltaic power plant in Tuchlovice faced a complaint filed by the supreme prosecutor who had proposed the termination of its license. The motion for the license termination was satisfied by the Regional Court in Brno as it was ascertained that the power plant did not have a due audit report available, which would certify its safety. In fact, the reviewed audit report was prepared at the time when the power plant was not equipped with all of the photovoltaic panels.
The decision was reviewed by the Supreme Administrative Court, which concluded that the decision on granting the license should not have been revoked. In its opinion, the main reason is good faith which was obviously present on the part of the power plant operator. The audit report, which the Regional Court in Brno evaluated as insufficient, was actually drafted in compliance with the then-existing practice approved by the Energy Regulatory Office. The power plant operator also did not try to conceal the circumstances of the audit report preparation, and submitted documents for the audit which substantiated the preparation of the audit report before the power plant completion. Although the audit technician, even according to the Supreme Administrative Court, proceeded incorrectly, the misstatement could not have been obvious to the power plant operator. Therefore, the Supreme Administrative Court revoked the decision on the license termination, and returned the case to the Regional Court in Brno for further proceedings.