Article 7 of the Ministerial Order no. 102/2015 had, when amended by the Ministerial Order 43/2019 of January 31st, the following description:
Information of the public network operator and other entities about the request for over-equipment:
- DGEG requests the network operator to which the power plant is connected to pronounce itself, within 22 working days, on the technical conditions of connection to the network, sending to DGEG a copy of the elements referred to in paragraphs a), b) and c) of number 2, point B of Annex I of this ministerial order.
- The provisions of article 3 shall apply, mutatis mutandis, to over-equipment.
- DGEG may also request the pronunciation of other entities, under the terms established in the Administrative Procedure Code.
- ERSE's consultation foreseen in the previous number is exempted if the holder of the power plant to be over-equipped expressly opts for the application to the energy generated by the over-equipment of a tariff of 45 (euro)/MWh, which shall not be updated.
- The tariff referred to in the previous number is guaranteed for a single period of 15 years, after which the remuneration of the over-equipment energy is made according to the general regime, and cannot be included in the additional period and respective remuneration schemes provided for in Decree-Law no. 35/2013, of February 28th.
On August 21st Ministerial Order no. 203/2020 was published, which amended number 4 of the above-mentioned article and also revoked its number 5.
Article 7, in its number 4, has the new following wording:
4 - ERSE´s consultation foreseen in the previous number is exempted if the holder of the power plant to be over-equipped expressly opts for the application of the general remuneration scheme to the energy produced by the over-equipment.
Number 5 was revoked due to the new amendment promoted to paragraph 4, which no longer foresees the tariff of 45 (euro)/MWh, that could not be updated, to which the promoters could adhere, case where ERSE's opinion was waived.
Ministerial Order no. 203/2020 can be accessed here.