GSE Guidelines for Modifications to PV Plants - McDermott Will & Emery

GSE Guidelines for Modifications to PV Plants

Overview


In Depth


On 1 May 2015, the Gestore dei Servizi Energetici (GSE) published guidelines for the implementation of variations to photovoltaic (PV) plants receiving incentives under any of the five Conto Energia. The guidelines introduce partially new requirements for replacement components, and establish the new rule that improvements in the efficiency of a PV plant will not result in higher incentives but will instead, astonishingly, trigger a cap on annual incentives in the future. The GSE has also introduced burdensome communication obligations, including the duty to notify the GSE on or before 31 May 2015 of any modifications made to a PV plant in the past. The new set of rules appears unreasonable and going beyond the powers of the GSE. The deadline for challenging the guidelines in the administrative courts is 30 June.

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