Considering the lapsing deadlines set by the Commission Regulation (EU) 2016/631 of 14 April 2016 establishing a network code on requirements for grid connection of generators (NC RfG) it may be useful, particularly for energy market participants carrying out significant investments in or the refurbishments of the generation fleet, to take account of some NC RfG notification requirements that may occur important.
The first thing is to observe that the requirements of the NC RfG, apply, in principle, to new power generating modules.
NC RfG applies to existing power generating modules only in specific cases enumerated in its Article 4, i.e.: when a type C or type D power generating module has been modified to such an extent that its connection agreement must be substantially revised.
What’s important, a power generating module is considered existing if:
(a) it was already connected to the network on the date of entry into force of the NC RfG (i.e. on 17 May 2016); or
(b) the power-generating facility owner has concluded a final and binding contract for the purchase of the main generating plant by two years after the entry into force of the NC RfG (i.e. till 17 May 2018), provided that the power-generating facility owner must notify the relevant distribution system operator and relevant transmission system operator (TSO) of conclusion of the contract within 30 months after the entry into force of the NC RfG.
The aforementioned notification submitted by the power-generating facility owner to the relevant system operator and to the relevant TSO must at least indicate:
- the contract title,
- its date of signature.
- date of entry into force, and
- the specifications of the main generating plant to be constructed, assembled or purchased.
Without such notification, according to Article 71(2) of the NC RfG all relevant clauses in contracts and relevant clauses of general terms and conditions relating to the grid connection of existing power generating modules subject to all or some of the requirements of the NC RfG are required to be amended in order to comply.