Directive 2003/54/EC formed part of the EU’s Second Energy Package and was repealed by Directive 2009/72/EC, which in turn was recast by Directive (EU) 2019/944 (Electricity Directive) as part of the EU’s Clean Energy Package. The issue of the classification or reclassification of electricity generation facilities arises in various contexts, and, as such, there are a number of possibilities that could be the focus of the deputy’s question.
The classification referred to by the Deputy may refer to the regulatory licensing regime. Under section 14(1) of the Electricity Regulation Act, the Commission for Regulation of Utilities (CRU) has the sole statutory function to issue licences to, inter alia, any person to generate electricity or to carry out other electricity market functions, such as discharging the functions of grid operation. The CRU is the independent regulator in Ireland, and is accountable to the Oireachtas for the performance of its functions.
The subject matter of the Deputy's question may draw from separate provisions in the 2019 Electricity Directive which requires that neither transmission nor distribution system operators own energy storage facilities. The CRU, as the independent regulator, carried out a review of these requirements in 2020. Through this regulatory exercise, it was confirmed that both ESBN and EirGrid meet these requirements, specifically that they do not own such storage facilities, and that there is therefore no further work needed with regards to these provisions.
I have no role in respect of the licencing matters referenced above. I am not aware of any engagement by my Department with the European Commission on reclassifying facilities such as pumped hydropower storage systems as grid infrastructure for the purposes of the grid operator, as set out by the Deputy.
