Special rules for the energy storage industry

In Spain, storage installations are legally defined as installations in which the final use of electricity is deferred to a time later than when it was generated, or which convert electrical energy in...

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6 Frequently Asked Questions about “Special rules for the energy storage industry”

Is energy storage regulated?

Whilst the Department of Business, Energy & Industrial Strategy (“BEIS”) and Ofgem have been supportive of energy storage and recognise the benefits and flexibility provided by the various technologies, there is no specific legislation on or regulation of storage at present.

Why are we legislating electricity storage?

Why are we legislating? Electricity storage covers a range of technologies that store low carbon energy for when it is needed, for example in batteries on the wall of your home or business, or in facilities that pump water to higher reservoirs when electricity is abundant, and let it flow back down through a turbine when it is scarce.

Does energy storage need a regulatory framework?

Our review demonstrates that no jurisdiction currently provides a comprehensive regulatory framework for energy storage, with the majority of jurisdictions currently allowing storage to be defined as “generation” for the purposes of licensing and other regulatory requirements.

Are there legal issues relating to energy storage?

As set out above, there are a wide variety of energy storage technologies and applications available. As a result there are a number of legal issues to consider, although the relative importance of such issues will be informed by the specific energy storage project design. revenue stream requirements e.g. double circuit connection.

Should electricity storage be formalised as a subset of generation?

Formalising electricity storage as a distinct subset of generation removes current ambiguities and provides long term clarity and certainty over its treatment within the existing frameworks (e.g. planning and licensing) and possible future frameworks.

Should storage be regulated?

A robust regulatory framework would also reflect storage's unique ability to act as generation and consumption and remove the need to pay end-user electricity consumption charges. The vast majority of countries do not have a specific subsidy regime.

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