Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 101
Offshore Wind Worldwide 2023
In case of disruptions of the GCS, as far as
the first and the second public tenders are
concerned, the producer can subscribe to an
additional service consisting of the repair of
the grid in a certain timeframe, failing which
RTE shall pay a penalty to the producer. The
risk of grid malfunction during the operation
is also mitigated through an extension of the
duration of the PPA for a duration equivalent
to the unavailability period.
For the third public tender and the upcoming ones, the producer is better protected
as RTE has to pay compensation in case of
damage or dysfunction of offshore production installations’ connection facilities
lasting more than a fixed number of days
(depending on the moment of the disruption). 53 As in case of delay, the producer shall
receive from RTE a monthly prepayment
corresponding to 80% of its financial loss,
depending on the number of days during
which the connection facilities were not
available, but still supports a deductible
amount of 10%. However, the modalities of
the compensation stated in such case, if any,
by the concerned tender specifications shall
prevail on these general provisions.
53 Articles L.342-7-1 and D.342-4-13 of the Energy Code.
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5.5 Onshore grid congestions,
prioritisation of renewable energy resources and compensation
mechanisms
Such risk can theoretically materialise, but
the principles set out in section 5.4 above
in case of disruptions of the GCS, which
allocate such risks to RTE (save for the 10%
deductible on losses mentioned above),
shall apply.
