According to Article 116, paragraphs 10 and 11 of the Energy Act (EA), a producer of electricity may build an energy storage facility at an energy facility for the production of electricity and/or thermal energy that is connected to the electricity transmission or distribution network.
In cases where there is no need to increase the connected capacity, the producer submits a notification to the electricity transmission system operator or the respective electricity distribution system operator. An additional agreement to the access and transmission contract with the producer specifies the technical requirements for the connection scheme of the energy storage facility to the producer’s electrical system, the locations for the measurement of electricity, and regulates the rights and obligations of the parties to ensure the security of the electricity system and prevent disturbances in the network. The additional agreement is concluded before the issuance of a construction permit for the energy storage facility, when necessary, and in such cases, no connection agreement is signed.
In Regulation No. 6 of March 28, 2024, on the connection of facilities to the electricity grids (hereinafter referred to as “Regulation No. 6”), specifically in Article 77, paragraph 1, it is provided:
“Article 77. (1) To study the conditions for the connection of an energy storage facility to the electricity grid, a written request is submitted to the relevant network operator at the location of the facility or in accordance with Article 140a of the Spatial Planning Act in the following cases:
- when building a new energy storage facility;
- when expanding/reconstructing an existing energy storage facility under the Spatial Planning Act with a change in its connected capacity;
- when modernizing an existing energy storage facility with a change in its connected capacity;
- when changing the type and technology of storage;
- when creating a new facility with independent electricity measurement by detaching from an existing facility already connected to the electricity grid.”
However, Article 77, paragraph 3 of Regulation No. 6 provides an exception:
“(3) A request under paragraph 1 is not required for an ancillary energy storage facility intended to be built to a new or existing facility for consumption or electricity production, in cases where the connected capacity of the consumption or production facility is not changed.”
As can be seen from the provisions, a request under paragraph 1 is not required for an ancillary energy storage facility intended to be built to a new or existing facility for consumption or electricity production, in cases where the connected capacity of the consumption or production facility is not changed.
