Supplementary regime to Decree-Law No. 15/2022, of January 14—regulation of dynamic management of injection capacity in the RESP following the allocation of the TRC

Decree-Law No. 100/2026, of May 2, was published today, establishing a supplementary regime to Decree-Law No. 15/2022, of January 14, regulating the dynamic management of connection capacity to the public electricity grid (“RESP”) following the allocation of grid capacity reservation title (“TRC”).

This new regime follows the guidelines set forth in Order No. 126/MAEN/202, which instructed the acceleration of procedures for the allocation and use of grid connection capacity.

The decree-law applies to TRCs allocated under the modalities provided for in Article 18(2) of Decree-Law No. 15/2022, of January 14, or under an equivalent modality previously provided for under the applicable legislation at the time of their acquisition.

The main changes, organized by TRC allocation method (general access, agreement with RESP operator, and competitive procedure), are as follows:

1. General Access Category
   
   1. Aggregation of TRCs: The consolidation of two or more TRCs into a single title, while maintaining the total injection capacity into the RESP.
   2. Surrender of TRC: The possibility of surrendering the respective title, in whole or in part, by submitting a request to the DGEG.
   3. Change in Production Technology: TRCs allocated under this method may be subject to a total or partial change in the initially planned production technology, provided that there are no changes to the total allocated capacity. 
       
2. Agreement with the RESP Operator
   1. TRC Split: The division of a TRC into two or three independent titles, while maintaining the total allocated capacity; in the case of projects connected to the RNT, each resulting title must have a minimum of 50 MVA.
   2. TRC Aggregation: The consolidation of two or more TRCs into a single title, while maintaining the total injection capacity into the RESP.
   3. TRC Exchange: Holders of TRCs allocated under this category may, by agreement with another TRC holder in this category, request an exchange of their respective positions in the agreements entered into with the same RESP operator, provided that the interconnection points listed in the TRCs to be exchanged belong to the same grid.
   4. Capacity Transfer and Allocation: Holders of TRCs allocated under this category may declare the availability of partial injection capacity in the RESP for transfer. 
   5. Change of interconnection point: TRCs allocated under this category may be subject to a change of interconnection point without the need for a new security deposit or extension of procedural deadlines or the term of the title under the general terms. 
   6. Partial reduction of generation capacity: TRCs allocated under this category may be subject to a partial reduction of installed capacity, up to 20% of the initial capacity, provided that the holder offsets the reduction by installing energy storage or other generation technology.
       
3. Competitive procedure category 
   1. Change of location – Holders of TRCs covered by the competitive procedure approved by Order 11740-B/2021 may request from the DGEG, following a binding opinion from the grid operator, that the installation of the respective power generation facility take place on land.
       
4. All Modalities
   1. Hybridization: The regulation provides for the possibility of TRC holders commencing the operation of a complementary generation technology prior to the technology initially planned.
       

Deadlines and procedural rules

Applications under this decree-law must be submitted by interested parties within 60 days of its entry into force, i.e., by July 22, 2026.

Although this decree-law already establishes, among other things, rules regarding the payment and refund of security deposits, as well as procedures for obtaining opinions from network operators, it is provided that the procedural rules, investigative requirements, forms, and operational deadlines shall be established by an ordinance issued by the member of the Government responsible for energy affairs.

The decree-law enters into force on the day following its publication and remains in effect until June 30, 2027. 

The decree-law can be accessed here.