Contract for energy assets worth €41 million under investigation for irregularities
- Albania
Contract for energy assets worth €41 million under investigation for irregularities
- Case Date(s)
- 01/2024
- Case Updated
- 03/2025
Case Summary
Phase
Prelim. investigationSector
- Electricity, gas, steam and air conditioning supply
Institution
- Albanian Electricity Corporation
- Ministry of Infrastructure and Energy
Involved people
- Politically exposed
- Yes
- — Abuse of functions
- Politically exposed
- Yes
- — Abuse of functions
The Albanian government tasked the Albanian Electricity Corporation with contracting thermal generation assets during the high energy price crisis that began in the fall of 2021 and continued throughout 2022. The procurement procedure raises doubts about how the top bidder was determined as the company that won the contract purchased the energy assets for US$15 million (€13.81 million) and then leased them to the Albanian Electricity Corporation for US$45 million (€41.42 million). Despite the three-fold increase in price, the generators were not put into operation during the crisis. Meanwhile, the Albanian authorities did not terminate the contract and continued to pay the lease.
At the end of 2021, the Council of Ministers tasked the Albanian Electricity Corporation with leasing energy generation assets due to the high energy price crisis in Europe at the time, largely caused by the closure of nuclear power plants and later by the Russia-Ukraine war. The government declared a state of emergency in electricity supply, and in January 2022, the electricity corporation opened a call for offers from private companies through an emergency procedure. The tender was open for only three days in the bulletin of the public procurement agency instead of the ten days required by procurement law in emergency situations. Two companies submitted offers and the American firm Excelerate Energy was selected as the winner. In April 2022, the Albania’s state-owned energy provider signed a contract with Excelerate Energy. However, despite the emergency nature of the procurement, the bareboat charters to be used for energy production did not arrive in Albania until September by which time energy prices had begun to normalize.
Media investigations have revealed that Excelerate Energy did not own the assets at the time of the bidding process, and possibly not even when the contract was signed, despite the requirement to provide ownership documents during the procurement process. Once signed, Excelerate Energy then used the contract with the Albanian Electricity Corporation as collateral to obtain a loan to purchase the two bareboat charters Tiger 1 and Tiger 3 in Bangladesh. Further investigations revealed that the firm had declared in its financial statements to the SEC in January 2022 that it had won the contract in Albania, even though the announcement of the winner by Albanian authorities was made in February 2022.
Although the procurement procedure was urgent, the Albanian Electricity Corporation did not set a deadline in the contract for the delivery of the thermal generating assets. As a result, the generators arrived in the fall of 2022 and were put into operation two years later, even though the entire term of the lease contract was only two years. The contract stipulated that lease payments of US$45 million (€41.42 million) for leasing and US$22.5 million USD (€20.71 million) for maintenance would begin once the assets were in operation. However, by 2024, the energy crisis had ended, and there was no longer a need for the Albanian side to pay an expensive lease. Despite this, the Albanian Electricity Corporation accepted delivery of the thermal assets and began making lease payments in 2024. To address this situation, Excelerate Energy agreed to amend the contract and transfer ownership of the assets to the Albanian authorities after the full value of the previously agreed lease of US$45 million (€41.42 million) was paid.
According to an audit by the State Audit Institution, the contract is not efficient because the cost of producing energy from bareboat charters is €269.00 per megawatt hour, while the average price of energy on the stock markets during 2024 was €100.80 per megawatt hour.
Media investigations revealed that the company that signed the contract with the Albanian Electricity Corporation was not actually Excelerate Energy as initially presented by the authorities; rather, it was signed by a branch of Excelerate Energy registered in the United States state of Delaware, a country that has an offshore jurisdiction and maintains the anonymity of the company's owners. The documents further revealed that the company's offer to Albanian Electricity Corporation was made with the Excelerate Energy logo, but the registration number was for Excelerate Global Operations LLC, while the offer was signed by Daniel Bustos, the head of the commercial unit of another company called Excelerate Energy Limited Partnership.
Another concern regarding the production of energy from these thermal assets is its environmental impact. The Bay of Vlora, where they are stationed, is home to rare marine species and is close to the protected area of Novosela, which is known for migratory birds such as flamingos and storks. The gas emissions resulting from the high production capacity of 110 megawatts using HFO fuel lead to significant carbon emissions. Residents of Vlora and environmentalists have protested multiple times against the commissioning of the generator ships.
The Democratic Party has filed a criminal complaint against the Minister of Infrastructure and Energy Belinda Balluku who, according to the party, allowed damage of €80 million to the budget of the Albanian Electricity Corporation. The complaint also targets the former director of the company Ergys Verdho for breaching procurement rules and pre-determining the winner. The Special Prosecution Office is verifying the accusations and opened an investigation in January 2024.
Further details
- JURISDICTION/COURT
Special Court Against Crime and Corruption
- LAWS (ALLEGEDLY) BREACHED
Criminal Code (Abuse of functions, Article 248; Breach of equality of participants in public procurements and auctions, Article 258).
Law on Public Procurements ( Article 2 and Article 3).
- UNCOVERING METHOD
Media investigations
Audit report produced by State Audit Institution
Public denunciation by oppositions parties
Environment organizations
- PROSECUTOR
Prosecutors of the Special Prosecution Against Crime and Corruptions:
Altin Dumani
Dorina Bejko
SOCIAL HARM ON SDGs
3 Good health and well-being
6 Clean Water and Sanitation
7 Affordable and Clean Energy
14 Seas and Oceans (life below water)
Disclaimer
Every effort has been made to verify the accuracy of the information contained in this database. All information is believed to be correct as of 03/2025. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.
Additional Material
The opposition has denounced in several press statements the contracting of bareboat charters and has submitted reports and documentation on this issue to the prosecutor's office.
Environmental and citizens of Vlora have repeatedly protested against the anchoring of bareboat charters in Vlora Bay due to the pollution they cause.
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Press release Link faktoje.al/cfare-kostoje-do-kene-anijet-qe-prodhojne-energji-per-ekonomine-dhe-mjedisin/What will be the cost of ships that produce energy for the economy and the environment?
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Press release Link faktoje.al/tigri1-dhe-tigri3-nje-vit-gjume-ne-vlore/"Tigri1" and "Tigri3" a year of "sleep" in Vlora
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