Meet the Law - Energy & Climate Change

Clarification 01/2023 from DGEG: clarification of the scope of the repowering of renewable power plants

Clarification 01/2023 from DGEG was published on 20 of March 2023, which clarifies the scope of the repowering of renewable power plants, as defined in article 3, paragraph lll) of Decree-Law No. 15/2022, of January 14, which establishes the organization and functioning of the National Electrical System.

In particular, the doubt was related to the access to this regime and its submission to the EIA procedure by wind power plants. According to the definition provided in the aforementioned article, the repowering of a power plant cannot result in a change in the implantation polygon of the pre-existing power plant. However, the notion of polygon does not match the type of territory occupation by wind power plants, making it unclear which criterion applies to them.

Thus, DGEG understands the following:

1. The repowering regime applies to all renewable energy sources, except for hydroelectric power plants with connection power greater than 10 MVA (article 71 of Decree-Law No. 15/2022, of January 14);
2. The repowering implies the total or partial replacement of the generating equipment of the power plant, without changing its pre-existing implantation polygon, when applicable. In the case of power plants with primary wind source, the repowering implies the total or partial replacement of the generating equipment, without an increase in the number of towers;
3. In the case of power plants with primary wind source that comply with the above and given that the concept of polygon cannot be applied to them, it will be up to DGEG, as the licensing entity of renewable primary source power plants, to decide whether or not to subject the respective repowering projects to EIA, according to the competences provided, in conjunction, in article 3 of RJAIA and article 2 of Decree-Law No. 30-A/2022, of April 18.