Regulation of Power Plant Reequipment: An Analysis of Decree-Law 15/2022
Decree-Law 15/2022 allows up to a 20% increase in injection capacity for reequipment projects, with distinct EIA-triggering rules for solar and wind.
Decree-Law 15/2022 of 14 January, which structures the National Electricity System, regulated the reequipment process — the total or partial replacement of a renewable power plant's generating equipment, without altering its pre-existing site footprint. The regime grants an increase of up to 20% in injection capacity, remunerated at market price, through a simplified prior-control procedure or prior notification.
Different rules for solar and wind
Under Article 62, reequipment constitutes a non-substantial modification of the prior-control title. Solar or wind projects are exempt from EIA, provided that, for wind, there is no increase in the number of towers — since their impact relates to the landscape rather than land occupation, unlike the area-based metric used for solar.
- The regime applies to all renewable sources, except hydro plants with a connection power above 10 MVA
- DGEG, as the licensing authority, decides whether a reequipment project is subject to EIA