AMENDMENT TO DECREE-LAW NO. 80/2023 | PROCEDURE FOR ALLOCATING CAPACITY IN AREAS OF HIGH DEMAND

Decree-Law No. 120/2025 of 14 November has been published today, amending Decree-Law No. 80/2023 of 6 September, which establishes the exceptional procedure for allocating grid connection capacity to electricity consumption facilities in areas of high demand (ZGP).

 It should be noted that this exceptional procedure has already been implemented in the Sines ZGP.

 The new statute introduces several significant amendments to the regime applicable to the ZGP. Accordingly, among the various changes introduced, the following stand out:

(i) The statute does not apply to network access by low-voltage (LV) customers, which must be implemented in accordance with the applicable legislation and regulations (see Art. 1(2)).

(ii) The expression of interest by parties interested in the allocation of capacity is now binding, requiring the provision of a guarantee (see Art. 3(1)(a) and Art. 4(2));

(iii) The formal attribution of a “connection capacity title to the Public Service Electricity Grid (RESP) for a consumption facility” is now expressly foreseen (see Art. 7(2), Art. 8(4) and (8), and Art. 10(11));

(iv) A new phase of “convergence of schedules” has been introduced, applicable when the capacity made available and allocated, together with capacity resulting from grid reinforcements, is insufficient to meet demand. In this phase, the Public Service Electricity Grid operator must consult the interested parties with a view to aligning the requested implementation timeline with the reinforcement schedule (see Art. 9-A);

(v) Several deadlines associated with the different phases, as well as the rules for the exceptional procedure will now be set by Ministerial Order issued by the Government member responsible for the energy sector (Art. 3(2)). Notably, the previously fixed 20-day deadline for the closing of the auction has been eliminated and will now depend on regulatory legislation (see Art. 10(6));

(vi) Although allocated capacity remains, as a rule, non-transferable, a set of exceptions has been introduced allowing its transfer, namely in cases of corporate restructuring of the holder (merger, demerger or incorporation) or subrogation of the holder resulting from the transfer of an industrial or commercial consumption establishment, which requires DGEG approval (see Art. 14); and

(vii) Once the procedure is closed, holders of a capacity title may request the Director-General for Energy and Geology (DGEG) to amend the timeline set out in the title (through extension or rescheduling) or to request a partial withdrawal (Art. 14-A). This regime already applies to the Sines ZGP (see Art. 4(1), DL 120/2025).

This Decree-Law enters into force tomorrow, 15 November.

 For further information, the full text of Decree-Law no. 120/2025, of 14 November, may be consulted here (only available in Portuguese).