Energy Projects and Grid Access: How the New Connection Rules Affect Investors, Businesses and Project Owners

Investments in electricity generation and storage projects can no longer be assessed only by reference to the land, permits, construction costs and projected revenues. Increasingly, the key question is whether the project has a real, stable and properly documented ability to use the electricity grid.

This has become particularly important following the amendments to Ordinance No. 6, published in the State Gazette, issue No. 35 of 14 April 2026. These amendments introduced clearer rules on the shared use of grid capacity, the addition of storage facilities to existing sites, hybrid generation projects and the distinction between cases requiring a full connection procedure and cases where additional coordination with the grid operator may be sufficient.

The practical conclusion is straightforward: it is no longer enough to say that a project “has a grid connection”. It is necessary to check what that connection actually allows, under what conditions, for what operating model, within what time limits, with what guarantees and with what allocation of responsibility.

Why grid capacity has become a key project asset

The electricity grid has limited capacity. Not every project can inject or withdraw electricity in unlimited quantities and at any time. For energy projects, access to the grid may therefore be as important as the land or the building permit.

In practice, a project may appear attractive at first glance but still carry a significant hidden risk if its grid position is unclear, conditional, incomplete or dependent on future actions that have not yet been taken.

This risk is particularly relevant in project acquisitions, bank financing, long-term electricity purchase agreements and the addition of storage facilities to existing sites.

What the new rules actually changed

The new rules do not simply make the regime either easier or more restrictive. They make it more detailed.

First, they expressly regulate the shared use of transmission capacity. For generation projects, this is addressed in Article 76a of Ordinance No. 6. For storage projects, the equivalent regime is set out in Article 97a. This means that several projects may, under certain conditions, use the same grid capacity, but not on the basis of an informal arrangement. The arrangement must follow a specific contractual and regulatory framework.

Second, the rules expressly address the addition of storage facilities to existing sites. For consumer sites, this is covered by Article 7b. For generation sites, it is covered by Article 49b of Ordinance No. 6. In these cases, a classic preliminary grid study is not always required, but that does not mean that there are no obligations. A notification to the operator and an additional agreement to the access and transmission contracts may be required.

Third, the current version of Ordinance No. 6 draws a clearer distinction between a stand-alone site and a non-stand-alone facility. Article 4 is particularly important. As a general rule, a facility may become part of an existing or newly connected site. However, if it receives electricity only from the grid or injects electricity only into the grid and does not exchange electricity with the existing site, it must be connected as a stand-alone site.

Fourth, Article 49, paragraph 1, items 1 and 5 of Ordinance No. 6 now expressly cover generation sites that include different types of generation capacity. This is important for hybrid projects, where a single site does not necessarily consist of only one technology or one operating model.

Why adding electricity storage is not always an internal matter

Many project owners and industrial businesses view storage as additional equipment. Sometimes that is correct. But not always.

If the storage facility is used only to manage electricity within the site and does not change the way in which the site uses the grid, the legal regime may be lighter.

If, however, the storage facility takes electricity from the grid or sends electricity back to the grid, the issue is no longer purely internal. It may affect access and transmission agreements, technical conditions, metering, liability and the way in which the grid operator assesses the stability of the system.

The key question is therefore not how the investor describes the facility, but how the facility actually operates in relation to the grid. This is where Articles 4, 7b, 49b, 77 and 79 of Ordinance No. 6 become practically important.

When storage becomes a stand-alone site

Where the storage facility is not merely part of an existing site but operates as a separate site in relation to the grid, Chapter Four of Ordinance No. 6 applies. In those cases, the application for a preliminary grid study is made under Article 77, and the required content of the application is governed by Article 79.

This matters because a stand-alone storage site requires the assessment of specific parameters: operating model, expected electricity withdrawal and injection, capacity, metering, time limits and subsequent contracts. This is no longer just the addition of equipment to an existing project. It becomes a separate grid and legal position.

Shared grid capacity: useful, but not simple

One of the most important changes is the possibility of shared use of transmission capacity. The idea is commercially logical. If one project does not constantly use the entire capacity allocated to it, it may be possible to use that capacity more efficiently by allowing more than one participant to rely on it.

However, this is not a simple private arrangement between two companies. Articles 76a and 97a of Ordinance No. 6 require a notarised agreement, an assessment by the operator of technical feasibility, reflection of the agreed conditions in opinions, preliminary agreements, connection agreements and access and transmission agreements. The rules also provide for joint and several liability in the event of overloads and failures.

A project relying on shared capacity should therefore not be viewed as an ordinary stand-alone project. It depends not only on its own documents but also on the contractual arrangements with other participants and on the conditions imposed by the operator.

Why “lack of capacity” should not be oversimplified

It is important to be precise on this point. It would not be accurate to say that “lack of available capacity” always and automatically justifies a refusal.

The correct approach is more nuanced. Ordinance No. 6 allows refusal only in circumstances defined by the rules. The general framework is linked to non-compliance with technical requirements or risks to the security of the electricity system. For generation and storage projects, the refusal is framed more specifically around the technical impossibility of connecting the project within the requested timeframe. Where coordination between operators is required, refusal is also permitted only under defined conditions.

Separately, the connection conditions may include grid reinforcement or an increase in transmission capacity. For generation projects, this is addressed in Article 55, paragraph 3. For storage projects, the equivalent provision is Article 83, paragraph 3 of Ordinance No. 6. Therefore, a legal review should not simply ask whether there is “capacity”. It should examine the specific conditions, required works, costs, timing and dependencies imposed by the operator.

Guarantees: a tool against blocking the grid without a real project

Guarantees are another important practical issue. In certain procedures, they are designed to show that the project is not merely a declared intention but a real investment moving forward.

For storage projects, guarantees are regulated by Article 84a of Ordinance No. 6. The current wording provides for a guarantee of EUR 25,564.59 per MW of connected capacity for a new site or increased connected capacity of an existing site. At the same time, there is an exemption for storage projects: no guarantee is required for capacity up to 10.8 kW or where the total connected capacity of the site does not change.

For generation projects where a storage facility is added to an existing generation site and this results in an increase in connected capacity, the relevant situation is covered by Article 49, paragraph 1, item 6, while the guarantee is considered under Article 57a of Ordinance No. 6.

For investors, guarantees are not a mere administrative detail. If they are not provided correctly or on time, the procedure and the value of the project may be affected.

What a buyer or financing bank should check

In an acquisition or financing of an energy project, the review should not be limited to land, corporate title and permits. It should also cover the entire grid history of the project.

The most important questions are:

• what grid connection document exists and whether it is current;
• what exactly that document allows;
• whether there are outstanding conditions or time limits;
• whether the required guarantees have been provided and in what amount;
• whether the connected capacity is changing;
• whether the allocated capacity is changing;
• whether the total installed capacity is changing;
• whether a storage facility has been added;
• whether that storage facility is a stand-alone site or part of an existing site;
• whether there is an agreement for shared use of capacity;
• whether the relevant conditions have been reflected in the operator agreements;
• whether access and transmission agreements are in place;
• whether the required market agreements exist before the project moves into actual operation.

The last point is particularly important. For generation projects, Article 66, paragraph 2 of Ordinance No. 6 confirms the importance of access and transmission agreements before parallel operation. For storage projects, the relevant regime is set out in Article 90, paragraph 2.

Why terminology matters

In this area, it matters whether we are referring to “connected capacity”, “allocated capacity” or “total installed capacity”. These are different concepts and may have different legal consequences.

For example, a change may not increase the total connected capacity but may still change the way in which the grid is used. In another case, an increase in connected capacity may trigger different procedural and guarantee requirements. For that reason, the terms should not be used loosely or interchangeably.

Practical risks

Impact on transactions, financing and electricity purchase agreements

In transactions involving energy projects, the grid position should be reviewed as a separate legal issue. It is not enough for the seller to state that the project “has a connection”. The buyer must understand what has actually been obtained, whether it remains valid, whether time limits have been observed, whether guarantees have been provided and whether the project can operate as described in the financial model.

In bank financing, this is even more important. A bank is not financing only land and documents. It is financing an expected cash flow. If the project cannot be connected, cannot operate reliably or depends on an unclear shared-capacity agreement, that affects its bankability.

The same applies to electricity purchase agreements. If a project depends on shared capacity, a specific storage facility or operator conditions, this should be reflected in the contract. Otherwise, the commercial agreement may not fully correspond to the actual grid position of the project.

Conclusion

The amendments to Ordinance No. 6 are not merely a technical update to the connection rules. They reflect a new stage in the development of energy projects, where generation, storage, shared capacity and operator agreements must be analysed together.

The greatest mistake would be to assess a project only by reference to land, permits and a document labelled “grid connection”. The real question is more specific: what exactly does the grid position allow, under what conditions, for how long, with what guarantees, under what contracts and with what allocation of liability?

Vassilev & Partners Law Firm can assist with legal due diligence of energy projects, review of grid connection documents, assessment of shared-capacity agreements, transaction structuring and preparation of contractual arrangements with investors, operators, offtakers and financing institutions.

Disclaimer

The information contained in this article is for general information purposes only and serves as an initial orientation on the topic as at the date of publication. Although we aim to ensure the accuracy of the content, legal rules and their interpretation may change. A specific legal review is required to confirm the current wording of the applicable rules and their application to a particular case. We do not accept liability for any loss resulting from the independent use of the information in this article without prior individual legal advice. This article does not constitute legal advice.