• The President of the Energy Regulatory Office has Blocked Introduction of the Balancing Criterion in the Transmission Grid Operating and Maintenance Code
  • June 11, 2014
  • Law Firm: BSJP Brockhuis Jurczak Prusak Sp.k. - Warsaw Office
  • Under his decision dated 26th May 2014, the President of the Energy Regulatory Office has, upon consideration of the application submitted by PSE S.A., found the restrictions relating to connection to the grid of renewable energy sources with unpredictable outputs, such as wind power stations, as attempted by PSE S.A. to be included in the amended PSE S.A. transmission grid operating and maintenance code, to be unlawful. The draft revision of the transmission grid operating and maintenance code no. CK/2/2013 as drawn up by PSE S.A. introduces, amongst others, new wording for the definition of a “power system”, as well as proposed changes in respect of verification of prospects for connection of renewable energy sources to the National Power System.

    The President of the Energy Regulatory Office has found it to be impermissible to verify the prospects for connection of renewable energy sources with unpredictable outputs based on the findings of a systems analysis in respect of the prospects for feeding the generated power into the grid while taking into consideration the demand for power within the National Power System. PSE S.A. had proposed to introduce a criterion for assessment of the demand for power within the National Power System as well as the volume of power generated by the minimum number of generation units necessary to ensure the safe operation of the National Power System as a condition for connection of intermittent renewable energy sources. In the opinion of the President of the Energy Regulatory Office, the above tasks consist in the balancing of demand for electric energy with its supply, and as such should be carried out by the distribution system operator and the transmission system operator at the operational stage as opposed to the connection arrangements stage as part of the distribution and transmission services provided. The proposed provision is not consistent with the regulations of Energy Law, which stipulates that an energy company is obliged to connect an energy source to the grid, provided that the technical and economic conditions for connection to the grid are in place and the party requesting that a connection agreement be concluded meets the conditions for grid connection and acceptance of the project. Introduction of the proposed provisions would constitute favouritism towards other generation sources. The decision of the President of the Energy Regulatory Office is not final and legally valid.