In the event of a threat to energy security on the territory of the Republic of Poland, including, above all, the security of electricity supply and the safety of persons, the provisions of the Energy Law allow for restrictions on the supply and off- take of electricity.
The specific rules and procedure for introducing restrictions are set out in the Regulation of the Polish Government on the detailed principles and procedure for introducing restrictions on the sale of solid fuels and on the supply and off-take of electricity or heat. However, limitations may only be introduced in situations where the DSOs and TSO have exhausted all available means to ensure the proper operation of the domestic electricity system.
Operators are required to develop annual curtailment plans for customers connected to their network. Such plans are also subject to approval by the President of the Energy Regulatory Office. However, possible limits on the supply and off-take of electricity apply, in principle, only to electricity consumers with respect to their facilities, for which the total contracted capacity specified in the contracts is at least 300 kW. The provisions of the Regulation provide, however, numerous exceptions for facilities related to ensuring the security of the state and its citizens.
The level of planned restrictions on the supply and off-take of electricity is defined in the so-called power supply degrees marked for electricity from the 11th to the 20th degree. In the case of the introduction of the 11th degree of supply, consumers may consume power in the facility at the maximum volume resulting from the concluded agreements. The 20th degree, on the other hand, means the obligation to use the minimum consumption power indicated in the plans. Restrictions on the supply and off-take of electricity constitute a national measure to mitigate the electricity crisis and the curtailment plans constitute a national preparatory measure, in accordance with EU legislation.
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Marek Grzywacz, Ph.D., Counsel email@example.com