Romania is consulting on a draft emergency ordinance that would let grid operators offer flexible connections where network capacity is limited or unavailable, enabling users to connect before securing all the firm capacity they seek. The Energy Ministry published the proposal on November 4; its terms would determine how non-firm access affects project output, revenues and financing.
Terms for flexible access
The draft would allow transmission operator Transelectrica and distribution companies to enter into flexible connection agreements. Romania’s energy regulator, ANRE, would establish the framework and decide when flexible connections could be used permanently instead of requiring network expansion deemed uneconomic.
Each agreement would distinguish reliably available electricity injection or withdrawal capacity from additional capacity accessible only during specified periods. It would also set network and connection tariffs, the agreement’s duration and the expected date for full firm access.
Users would fund certified power-control equipment capable of enforcing the agreed limits. Under the proposal, network operators would publish information on connection capacity and flexible arrangements at least quarterly, while applicants could apply online and receive a response on the status and handling of their request within three months.
Revenue and financing implications
Flexible access could let a project reach the market earlier, but leave it exposed to lower output and more volatile revenue over its operating life. Two assets with identical installed capacity could have different income prospects if one has firm export rights and the other faces limits during valuable trading hours.
Banks would need more detailed simulations of available dispatch windows, curtailment and contracted revenue before treating non-firm access as bankable capacity. Regular disclosures could help investors assess connection rights during project acquisitions, but published availability would not itself guarantee access.
Conversion rules and regional relevance
The draft calls for clear criteria to convert flexible agreements into firm agreements once the grid is developed. ANRE could also allow flexible access to continue indefinitely where it judges reinforcement not to be the most efficient solution, including for electricity storage.
A separate provision would permit temporary commercial licences for new or refurbished generation and storage facilities for up to 60 days after commissioning acceptance. The licences would require technical certification and compliance with wholesale-market rules. They could narrow the gap between technical completion and initial sales, but would not remove connection or balancing obligations.
Investors considering projects in Serbia, Montenegro, Bulgaria and Hungary face similar issues involving capacity reservations, network constraints and commissioning risk. Romania’s proposal could serve as a regional benchmark, but would not change the legal rights of projects across its borders.
The ordinance remains a consultation proposal. Its effect will depend on the adopted text, ANRE’s methodology, the quality of grid-availability disclosures and whether lenders can quantify non-firm network access.
