Greater flexibility in the RESP connection capacity regime

Decree-Law 100/2026 of May 22 (“Decree-Law 100/2026”) has been published. It establishes supplementary rules to Decree-Law 15/2022 of January 14 (“Decree-Law 15/2022”) for the dynamic management of injection capacity into the public service electricity grid (“RESP”) following the award of reserved capacity titles (“TRC”). The decree-law entered into force on May 23, 2026, and will remain in force until June 30, 2027.

General context

The rapid expansion of renewable electricity generation projects has intensified the need for more efficient management of grid connection capacity. That need aligns with the decarbonization targets set out in the National Energy and Climate Plan 2030 and Directive (EU) 2023/2413.

The practical application of Decree-Law 15/2022 revealed important constraints. Specifically, it exposed limitations in the flexibility and reconfiguration of allocated capacity, and it highlighted grid congestion. Those shortcomings prompted the adoption of a supplementary regime designed to support more dynamic and transparent management and to release idle capacity for other projects.

Decree-Law 100/2026 applies to TRCs allocated under three categories: (i) general access, (ii) agreement with the RESP operator, and (iii) competitive tender (auction).

Key mechanisms introduced

Decree-Law 100/2026 introduces the following mechanisms for managing allocated capacity:

TRC split: This mechanism allows a TRC to be divided into two or three separate certificates while preserving total power. Each certificate must have a minimum capacity of 50 MVA for connection to the national energy grid (“RNT”). The mechanism applies only to the agreement category and requires part of the capacity to be made available for transfer.

TRC consolidation: This mechanism allows two or more TRCs to be consolidated into a single certificate while preserving total power. It applies to the general access and agreement categories. The applicable deadlines run from the issuance date of the oldest TRC.

TRC waiver: Holders of TRCs in the general access category may waive their connection rights, in whole or in part, before the production license is issued. If the waiver is approved, the TRC expires immediately, the capacity is released, and 80% of the security deposit is refunded. The refund rises to 100% if the waiver request is submitted by June 22, 2026.

TRC swaps: Holders of TRCs in the agreement category may, by mutual agreement, swap their respective positions in agreements entered into with the same operator. Requests must be submitted by July 22, 2026. The operator gives priority to projects that already hold a prior-check certificate or a favorable environmental assessment.

Capacity transfer: Holders of TRCs in the agreement category may declare part of their capacity available for transfer. That capacity may then be used to satisfy pending agreement requests. The effects of the transfer are proportional to the power transferred. Applicants seeking an agreement must submit a request to the Directorate-General for Energy and Geology (“DGEG”) by July 22, 2026, or the request will expire.

Change in generating technology: TRCs in the general access category may be amended to allow a total or partial change in generating technology without altering total power. The change is formalized by endorsement on the TRC.

Reverse hybridization: Under this mechanism, which applies across all categories, supplementary generating technology comes online before the initially planned technology. Holders of TRCs issued under Order 11740-B/2021, which concerns offshore wind, may apply for onshore installation. The security deposit is released only after the initial technology has come online.

Partial capacity reduction: TRCs in the agreement category may be reduced by up to 20% of their initial capacity. That reduction does not lead to a loss of injection capacity, provided it is compensated through storage or other technologies. In that case, charging from RESP is limited to 25% of the reduced capacity.

Interconnection point change: TRCs in the agreement category may be amended to change the interconnection point, subject to the grid operator’s opinion. No new security deposit is required, and the applicable deadlines are not extended. The TRC holder must submit the request to the DGEG by July 22, 2026.

Deadlines and procedural steps

TRC holders should take careful note of the following deadlines:

General deadline: Unless a specific deadline applies, requests must generally be made within 60 days of the decree-law’s effective date (i.e., on or before July 22, 2026).

Administrative deadlines: Grid operators have 90 days to issue their opinions. Once those opinions are received, the DGEG has 10 days to issue its decision.

Waiver: Decisions on waiver requests must be issued within 30 days; security deposits must be released within 5 days after the pertinent TRCs are issued; and agreement proposals must be accepted within 30 days, or they will expire.

Interested parties may submit multiple related requests in a single application. Detailed procedural rules will be set out in an upcoming ordinance.

Application of measures by allocation category

What developers and renewable project owners should consider

Given the short application windows for these new options—in most cases, 60 days from the decree-law’s effective date—TRC holders should promptly assess the status of their projects.

Decree-Law 100/2026 marks a meaningful step toward a more flexible RESP connection capacity regime and should help accelerate Portugal’s energy transition.