On May 22, Decree-Law No. 100/2026, of May 22, was published, establishing a complementary regime to Decree-Law No. 15/2022, of January 14, regulating the dynamic management of injection capacity in the public electricity grid (RESP) following the allocation of the RESP injection capacity reserve title (TRC).
This new regime seeks to address limitations identified in the current legal framework by introducing more flexible, efficient, and transparent mechanisms for managing TRCs already granted. The new rules may be particularly relevant in transactions involving the acquisition, divestment, financing, and restructuring of renewable energy assets.
The decree establishes a set of procedures allowing for the adaptation and reorganisation of TRCs, including:
- Split;
- Merger;
- Waiver;
- Exchange;
- Transfer of injection capacity;
- Allocation of capacity;
- Change in production technology;
- Hybridisation;
- Reduction of installed capacity; and
- Change of interconnection point.
As a general rule, these procedures depend on the initiative of the TRC holder and must be requested within a maximum of 60 days after the entry into force of Decree-Law No. 100/2026.
The Morais Leitão Energy and Natural Resources Team has prepared a practical guide that describes each of these procedures in detail, explaining what they entail, who is entitled to apply for them, the procedural steps, and the associated deadlines.