The Directorate-General for Energy and Geology ("DGEG") has submitted for public consultation a draft order which aims to define the procedures applicable to obtaining prior authorisation for electricity storage facilities, pursuant to Article 11 of Decree-Law No. 15/2022 of 14 January, in its current wording ("Decree-Law No. 15/2022").

The draft follows on from the experience of applying Order No. 1859/2025 of 10 February ("Order No. 1859/2025"), the procedures of which proved, in certain cases, insufficient to ensure the efficient and legally robust processing of the majority of prior control applications, particularly in situations where the applicants’ proposed projects did not fall within the strict requirements of that order, leading to difficulties in the submission of supporting documentation, legal uncertainty and fragmented processing.

In this context, it became necessary to adopt a new regime which, by consolidating the procedures applicable to all types of storage facilities, ensures greater clarity, completeness and efficiency in the licensing system.

I. Scope of Application

The draft order covers licensing procedures for storage facilities with an installed capacity exceeding 1 MW, in the following categories: (i) stand-alone storage; (ii) storage co-located with a renewable energy power plant; and (iii) storage co-located with a self-consumption unit ("UPAC").

It also covers the prior registration procedures for the same three categories, where the installed capacity is equal to or less than 1 MW.

The order applies to all storage technologies, including pumped-storage facilities integrated into hydroelectric generation facilities and thermal storage.

II. Supporting Documents

The draft order systematises the documentation that must accompany each type of application:

  • Stand-alone storage (licensing): documentation certifying powers of representation, a copy of the existing capacity reserve title ("TRC"), and a summary of the intended operating conditions, including the maximum apparent injection power into the RESP and the maximum apparent power for charging from the RESP, which may not exceed the injection value;
  • Co-located storage (licensing): in addition to the above elements, this includes a copy of the pre-existing TRC and, in cases involving association with facilities that have already been licensed, identification of the pre-existing licence;
  • Prior registration (≤ 1 MW): documentation evidencing powers of representation, identification of the pre-existing prior control title, if applicable, and a summary of the intended operating conditions.

III. Hybridisation and Feed-in Limits

In cases of hybridisation through new storage units, Article 74(6) and Article 79(3) of Decree-Law No. 15/2022 apply, with the allocation of a separate TRC being waived.

It should also be noted that injection into the RESP by a co-located storage facility may not exceed the available installed capacity in operation of the associated electricity generation facility or UPAC.

IV. Conversion of Generation Facilities into Storage Facilities

The draft order clarifies that the conversion of an electricity generation facility into a storage facility does not constitute a "substantial alteration" for the purposes of Decree-Law No. 15/2022, since it entails a change of activity and legal nature of such a profound nature that it does not allow for any form of procedural continuity with the pre-existing title. Accordingly, neither a mere endorsement procedure, nor the substantial change procedure, nor any other simplified or expedited procedure is applicable.

V. Joint Opinion of the Network Operator and the GGS

The joint opinion of the grid operator ("OR") and the overall SEN manager ("GGS"), already provided for in Article 79(4) of Decree-Law No. 15/2022, is now further detailed by the draft order, which specifies that it must address: (i) the technical conditions to be observed by the storage facility; (ii) the maximum apparent charging power of the facility from the RESP, where applicable; (iii) any operational restrictions under the restricted network access regime; and (iv) other relevant considerations in the specific case.

VI. Processing of Applications

The draft order sets out specific deadlines for each stage of the licensing/registration procedure:

  • The DGEG verifies the compliance and completeness of the application within 10 days;
  • In the event of deficiencies, the applicant has 15 days to rectify them, failing which the application shall be rejected;
  • Following validation, applications are forwarded to the OR within 5 days, in order of receipt;
  • The OR and the GGS issue a joint opinion within 30 days;
  • The applicant may comment on the opinion within 10 days;
  • The OR and the GGS have 15 days to issue a revised final joint opinion;
  • Upon receipt of a favourable or conditionally favourable opinion, the DGEG issues the prior control title within 30 days.

In cases where an unfavourable opinion is issued, the right to be heard is ensured in accordance with the Administrative Procedure Code and Decree-Law No. 15/2022.

VII. Transitional Provision

Procedures in progress on the date of entry into force of the new order shall continue to be processed under the rules applicable on the date of their submission, unless the application of the new regime results in a more favourable solution for the applicant, in which case the applicant may, within 30 days, opt for the application of the new regime.

In addition, procedures currently in progress under Article 4 of Order No. 1859/2025, concerning the change of technology of a solar photovoltaic electricity generation facility, shall be notified by the DGEG so that the applicant, within a period of not less than 60 days, either to adapt the application to the full procedure provided for in Article 18 et seq. of Decree-Law No. 15/2022, or to withdraw the application, without prejudice to the submission of a new application under the general rules.

Supporting documentation already submitted which remains valid will not need to be resubmitted, in accordance with the principle of preservation of acts and procedural optimisation.

VIII. Repeal Provision and Public Consultation

The draft order provides for the revocation of Order No. 1859/2025 of 10 February.

The order shall enter into force on the day following its publication.

Interested parties may submit written comments until 24 June 2026 by the email to apoio.renovaveis@dgeg.gov.pt.