The draft decree RES (included at the end of the article), adopted pursuant to art. 24 of Legislative Decree. March 3, 2011, n. 28, and sent to the Joint Conference for the expression of the opinion of competence, whilst regulating the incentives for the production of electricity from renewable sources other than solar photovoltaic (see text and analysis of QualEnergia.it), contains provisions also apply to photovoltaic systems. This applies, in particular, Article 30 of the decree, entitled “Measures of plants in operation.”
This law instructs GSE to publish, within 45 days from the date of entry into force of the Ministerial Decree, the “procedures for carrying out maintenance and modernization of facilities promoted, including the photovoltaic, with the aim of safeguarding the efficiency of the generation and, at the same time, to avoid behavior that might cause undue increases in incentive spending. ”
It’s the same Article 30 to dictate the criteria to be met by the GSE in the preparation of the “new” document Technical Reference (DTR). Remember, in fact, that the DTR published by the GSE in May 2015 was suspended by the Manager the following month of July, as a result of actions brought by numerous parties involved and by the Assorinnovabili.
The principles identified in dm, it is anticipated, overcome some of the criticisms that characterized the aforementioned Technical Document Reference; Others, however, still leave open problematic aspects.
In an orderly fashion:
a) The criteria under a), art. 30, provides for the eligibility of the only maintenance that do not result in increases of over 1% of the rated power of the system and of individual machines or sections that make it up, high percentage up to 5% for plants with nominal power up to 20 kW. The criterion in question appears to overcome, in part, the critical profiles of Annex A to the DTR GSE: the latter, in fact, involved the introduction of a threshold of maximum production plants, accounting for plants that began operating at least three years, the maximum value of energy produced on an annual basis, in the last three calendar years prior to the commencement of the incentive to the initiatives of change, increased by 2%.
b) The criterion in point b) of art. 30, it states that for replacements definitive must be used new or refurbished parts. The criterion in question appears to overcome the critical contained in section 1.4. “Replacing components” of the old DTR, where it was forbidden to install components already used in other systems incentives (also, we believe, if properly regenerated).
c) The criterion sub c), art. 30, states that maintenance involving the replacement of the main components of the plant, that is to say, for photovoltaics “modules and inverters”, must be disclosed to the GSE within 60 days of the execution of the operation, in form of a declaration in lieu of affidavit, pursuant to art. 47 of Presidential Decree n. 445/2000, according to a template prepared by GSE, for the verification of compliance with the provisions referred to in subparagraphs a) and b). Under Article. 30, paragraph 2, only for this type of interventions, applies dm 24/12/2014, concerning the payment of expenses of inquiry. The policy in question exceeds the previous critical of DTR, which required notification of the start of the intervention, and the communication of the work, with the obligation to attach a number of documents and reports Sworn (now superseded by the declaration in lieu of affidavit) . In addition to the routine maintenance is not required to pay the costs of investigation. It remains to determine what measures will require the GSE with reference to the statement of routine maintenance – not to invest, that is, the main components of the system.
d) The criterion of letter. d) art. 30, it exempts from any communication interventions involving power plants up to 3 kW, operating under the net metering.
e) The criterion of letter. e) art. 30, provides for eligibility of maintenance also through the use of temporary machinery and elements of plant reserves, even in the ownership of the subject different from the entity in charge, they do not entail increases in the rated power plant. Although this criterion seems to overcome the already identified critical issues of the old DTR, which banned the use of elements already installed on other systems. Might conceivably however unequal treatment compared to the regime provided for replacements final of letter. b). Only for the latter, in fact, there is a margin of 1% increase in rated power (5% for installations of less than 20 kW).
The last paragraph of art. 30 Instructs GSE to verify compliance with the provision in question, under dm 31 January 2014. At the procedural level, it was not until the GSE adopt new procedures for maintenance, within 45 days of publication of the ministerial decree in the Official Gazette. At present, the draft decree must still express the Joint Conference.
Once published the new technical rules, it shall be checked if the GSE will adhere to the guiding criteria indicated in art. 30. Otherwise, it may bring the TAR of Lazio to cancel the new document. On that occasion, in addition to challenging the vices of its GSE procedures, will eventually assert themselves any unlawfulness of that dm, concretandosi injury legitimizing the operator action only at the time of the administrative act of transposition, that is, the new White Paper GSE.