Incentives and violations on incentivized plants: the Energy Services Manager’s Regulation

On 22nd December 2023, the GSE issued the Regulation for the classification of the violations and the definition of the reduction percentages applicable in the context of control activities on electricity production plants powered by renewable sources in operation.

Therefore, the Regulation identifies the violations entailing the reduction of the originally recognized tariff, by establishing for each violation the reduction percentage, and, inter alia, it provides the applicability of the same mechanism also for certain violations already committed.

Through this Regulation, the GSE tries to clarify the system of controls and sanctions, which has been severely controversial for years, but it has left some questions of interpretation open. Our lawyers at the Public Law department and at the Energy team have carried out an initial analysis of the Regulation, raising some issues for discussion.