New Grid connection rules proposed by ANRE

Article by Mihaela Nyerges, Managing Partner and Radu-Andrei Dăncău, Junior Associate at Nyerges & Partners

1. Deadline for Establishing the Guarantee

As part of last year’s legislative intervention to the grid connection rules, the requirement to provide a 5% guarantee was shifted from the Connection Agreement signing stage to the ATR issuance, aiming to unblock grid capacity tied up by projects lacking financial backing. However, the absence of a specific deadline for providing the guarantee undermined the effectiveness of this measure.

In response to market concerns that the lack of a deadline was causing delays in practice, ANRE has now imposed that the guarantee must be submitted within two months from the receipt of the endorsed solution study. Failure to meet this deadline will result in the dismissal of the connection application—and, by implication, the expiry of the connection solutions outlined in the study.

2. Extension Conditions for Connection Agreements

In the absence of clear legal provisions governing the extension of the Connection Agreement duration, and following the internal adoption by the TSO of extension conditions that raised concerns across the market, ANRE has responded positively to industry calls for a unified and balanced extension framework.

According to the draft regulation, Connection Agreements may be extended for successive 12-month periods, subject to the payment of a 5% guarantee for each extension. No specific project status needs to be demonstrated to obtain such extension. 

These conditions will not apply when the extension is required due to delays in the performance of connection installation or reinforcement works which are under the responsibility of the grid operator.

Importantly, within 90 days from the entry into force of ANRE order, addenda must be concluded to incorporate the new extension regime into existing Connection Agreements. This requirement is particularly relevant for agreements signed with TSO as of January 1, 2025, which currently reflect the extension conditions unilaterally adopted by TSO.

3. Deadlines for the Connection Agreement Application Process

The deadline for submitting the request to execute the Connection Agreement has been extended from 30 to 45 calendar days before the ATR’s expiration date.

Additionally, a deadline has now been introduced for submitting all supplementary documents requested by the grid operator—these must be provided at least 15 days before the ATR expires. The grid operator is required to issue any such requests within 10 days of receiving the Connection Agreement application.

Failure by the developer to meet either of these deadlines—whether for submitting the application or for delivering additional documentation—will result in the termination of the ATR and the enforcement of the guarantee.

4. Negotiation and Signing of the Connection Agreement

The ANRE Draft introduces an explicit obligation to complete the negotiation and signing of the Connection Agreement within 12 months from the date of ATR issuance. This measure aims to prevent developers from claiming unresolved disagreements with the grid operator as a reason for failing to meet the 12-month deadline. 

5. Final Commissioning Deadlines

Although the connection dates specified in the ATR were generally understood as earliest possible dates, ANRE now formally qualifies them in the Connection Agreement as final commissioning deadlines. These deadlines may be extended through addenda to the Connection Agreement, provided the revised dates remain within the agreement’s validity period. If an extension goes beyond the term of the Connection Agreement, the agreement itself must be extended in accordance with the conditions outlined in the previous section.

6. Connection to 110kV Grids or Higher

Annex 5 to the Connection Regulation (setting out special rules for connection to grids with a voltage level of 110kV or higher) has been updated with important clarifications:

• it is clarified that Annex 5 applies not only to common connection solutions involving multiple users, but also to individual projects,

• new connection/transformer substations must be located at a minimum distance of 10 km from each other—a limitation already applied in practice by the TSO, and

• developers who have financed new connection substations are required to allow access for subsequent developers, subject to receiving financial compensation from such developers benefiting from the shared infrastructure.

7. Projects Considered Under New Solution Studies 

To address inconsistent practices among grid operators, the ANRE Draft explicitly clarifies that new solution studies must take into account the following projects:

• projects with solution studies endorsed by grid operators,

• projects with issued ATRs, and

• projects with signed Connection Agreements.

This rule applies to all cases where the solution study has not been endorsed by the entry into force of new ANRE order. Accordingly, ongoing studies that did not observe these principles must be revised accordingly —even if they are in the final stage of endorsement.

Additionally, the ANRE Draft clarifies that the order of priority for connection requests is given by the date on which complete applications are submitted.

8. Operational Limitations Excluded from Reinforcement Works 

According to the ANRE Draft, operational limitations will no longer be treated as “reinforcement works” but instead as part of the connection installation. This reclassification carries several important implications: (i) the design and construction works related to operational limitations may now be contracted directly by the developer, not exclusively by the grid operator, (ii) these installations will be owned by the developer but operated by the grid operator, and (iii) maintenance costs will be borne by the developer, while operational costs will remain with the grid operator. The ongoing ATRs/Connection Agreements will be amended accordingly within 90 days from entry into force of ANRE order.

9. Recalculation Rules for Operational Limitations

It is now expressly clarified that recalculating grid operation scenarios also applies in cases where uncompleted reinforcement works have been substituted with operational limitations. This recalculation is necessary, as it may result in less restrictive operational limitations.

10. Land Title Documentation Required for Connection Applications

Currently, connection applications must include land title documentation only for the generation unit. Under the ANRE Draft, this requirement is extended to also cover the evacuation line. This appears to be misaligned with the realities of project development and may lead to delays or increased costs.

At the time the connection application is submitted, the connection solution is not yet available. Requiring land title documentation for the evacuation line in advance assumes a level of certainty that does not yet exist at this stage of the process.

Moreover, evacuation lines are often routed along underground public roads, requiring a range of approvals from local or county authorities, or from the National Company for Road Infrastructure Administration. This process is complex and time-consuming, delaying the submission of the connection application. Additionally, if the connection solution is ultimately deemed unfeasible, any previously secured land rights for the evacuation line may prove to be unnecessary.

Conclusions

ANRE’s draft order marks a welcome and necessary step forward in improving Romania’s grid connection framework. By enhancing transparency, predictability, and the effectiveness of existing mechanisms aimed at unblocking grid capacity, the draft addresses concerns voiced by market participants.

With the public consultation open until April 21, 2025, stakeholders are strongly encouraged to engage and submit feedback to help shape a final version that supports both regulatory clarity and continued investment in Romania’s energy transition.