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Permitting 3 min read

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.

Renewable energy plant undergoing reequipment

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

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