On June 25th, 2014, Decree-Law No 94/2014 came into force that sets the new statutory framework applicable to the additional power and repowering energy produced by wind-power generation centres whose electricity is paid by the guaranteed remuneration scheme. Pursuant to this a new framework has been established.
The following points provide a summary of the law:
1. “Additional energy” is defined as the active energy resulting from additional power use, being the maximum value of the additional power equal to the difference between installed capacity and power connection, not considering energy repowering, if any.
2. The possibility of the additional injection of energy into the network, providing that some technical stability and safety conditions are met.
3. Specific rules for additional energy billing and repowering energy counting and billing are expressly foreseen.
4. The possibility of the repowering equipment to be owned and managed operationally by a different entity from the legal owner of the repowering generation centre, provided that such legal entities are in full domain relation and their mutual relations are ruled by an agreement to be submitted to the Directorate General Energy and Geology, jointly with the installation of the exploitation authorisation request.
5. The remuneration scheme applicable to additional energy and energy repowering is modified, such energy being remunerated at a fixed tariff.
6. This new statutory framework is immediately applicable pending authorisation procedures, safeguarding the acts already executed in the respective procedures.
7. The wind-power generation centres installed on the maritime area under national sovereignty or jurisdiction are excluded from this statutory scheme.