Extraordinary Measures in the Energy Sector Due to the State of Calamity

On 5 February 2026, ERSE Regulation no. 131-A/2026 was published, approving the Regulation establishing extraordinary measures in the energy sector due to the state of calamity, following the damage caused by Storm Kristin.

In the context of the state of calamity declared by the Government through Council of Ministers Resolution No. 15-B/2026 of 30 January, ERSE adopted a set of extraordinary measures concerning the conditions for the provision of essential public electricity supply services.

From this Regulation, the following measures are particularly noteworthy:

• Interruption of supply attributable to the customer: Distribution System Operators (“DSOs”) are prevented from carrying out supply interruptions or reductions of contracted capacity due to reasons attributable to the customer at low-voltage delivery points, until further exceptional regulatory provisions are defined by ERSE, to be established during February 2026.
   
• Compensation for interruption of electricity supply: DSOs must include, in the network access charges billed to suppliers, a credit amount corresponding to the billing of the contracted capacity component of the network access tariffs for the duration of the interruption. Such compensation must be reflected in the customers’ bills.
   
• Zero energy consumption estimate: for delivery points interrupted as a result of the storm, DSOs must consider a zero value as the estimated energy consumption.

The provisions of this Regulation prevail over any other regulatory regimes providing otherwise.

This Regulation entered into force on the day following its publication and produces effects as from 28 January 2026.

For further information, the Regulation may be consulted here.