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Amendments to the Energy Law allowing oversizing of renewable energy installations


​by Jakub Plebański

17 October 2023

Among the changes introduced by the October amendment to the Energy Law is a clear legal basis allowing oversizing renewable energy installations. Pursuant to amended Article 7(1) of the Energy Law, the connection capacity of a generation source or electricity storage facility may be lower than or equal to its installed capacity. 

So far, oversizing renewable energy installations has not been explicitly regulated in the Polish law, therefore the operators' approach to this issue has varied. They often refused oversizing permits, which was to the detriment of generators as this prevented them from making optimal use of their connection capacity.
In the light of the new regulations, a producer may legally use generation equipment with an installed capacity higher than the connection capacity, which should enable a more stable and predictable electricity production from renewable energy installations. Importantly, the regulations on oversizing should also cover existing renewable energy installations, including those operating under an auction-based support scheme.
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