Energy and Infrastructure
Key developments
DIRECT LINES BILL
An Electricity Regulation (Amendment) (No. 2) Bill 2026 is before Dáil Éireann. It is intended to amend the Electricity Regulation Act 1999 to provide for the permitting and regulation of direct lines. We look at the detail in our Insights blog post: Energy Update: Direct lines bill.
CO-LOCATION (MEC SHARING)
System operators EirGrid and ESB Networks published the Implementation Roadmap for Hybrid Co-Located sites with Maximum Export Capacity (“MEC”) sharing, which we consider in our Insights blog post: Energy Update: Implementation Roadmap for Hybrid Co-Located sites with MEC sharing. It follows the decision of the Commission for Regulation of Utilities (“CRU“), which we considered here: Energy Update: Sharing Maximum Export Capacity at electricity grid connection points.
BIOMETHANE
The CRU published a biomethane connection policy which we consider in our Insights blog post: Energy update: Decision on biomethane connections. The EU has also established a platform to connect buyers and sellers.
FAULT RIDE THROUGH
The CRU is consulting until 29 July 2026 on a compliance and derogation framework proposed by EirGrid as part of its Grid Code Modification MPID 345 (PDF 17.8 MB). EirGrid indicates that, during transient faults on the transmission system (which cause voltage dips), most data centres automatically reduce consumption from the grid and switch to their own temporary back-up power for an extended period. Under EirGrid’s proposed Grid Code modification, three new technical obligations will apply to existing and future transmission-connected demand facilities. They relate to fault ride through, RoCoF robustness and active power recovery. EirGrid proposes a streamlined group derogation process to manage the expected high volume of non-compliance applications. Data centres seeking a derogation in the group process would be subject to a Demand Utilisation Threshold and granted derogations would last for 24 months. The CRU plans to issue a decision as a matter of urgency.
NUCLEAR ENERGY
As demand for low‑carbon electricity continues to accelerate, nuclear power is increasingly back in focus as part of the global energy transition. We look at the legal position in Ireland and the wider EU policy context in our briefing: Nuclear energy: An overview of the position in Ireland.
LARGE ENERGY CUSTOMERS
The EU Tech Sovereignty package is intended to strengthen capacity across the digital technology stack, including through the delivery of data centre infrastructure. It comprises four measures which we consider in our briefing: The EU Tech Sovereignty Package: Implications for digital infrastructure developers and the energy sector.
CUSTOMER GAS CONNECTIONS
The CRU is consulting until 5 August 2026 on a proposed Direction to Gas Networks Ireland (“GNI”) requiring that all new connection agreements with “Relevant Large Industrial Customers” (defined as customers with a peak hourly demand above 50 MW thermal and a connection pressure of 16 barg or above) must incorporate a right for GNI to interrupt the capacity offered at the customer’s connection point.
The Direction would not apply to gas-fired generator applicants participating in the SEM, including gas-fired dispatchable generation provided by data centres (where it is separately connected, metered and participating in the SEM under the Large Energy User (“LEU”) Connection Policy). By contrast, if an LEU provides onsite gas-fired generation behind their own meter, gas supply to that generation would be interruptible. The Direction would not apply retrospectively.
CAPACITY REMUNERATION MECHANISM
The SEM Committee is consulting until 4 September 2026 on proposed design options for CRM 2.0. The consultation focuses on delivery timeframe, enhanced availability incentives, de-rating factors, the cost recovery mechanism, decarbonisation (including introduction of a green scalar) and flexibility integration. Proposals include that the main capacity auction would be held on a T-5 basis (retaining top-up T-1 auctions), with the optimal auction timeframe for storage to be kept under review. Proposals also include that a supplementary mechanism would broaden the reach of availability incentives beyond periods of the most extreme system conditions triggering the Reliability Option.
EU PRESIDENCY
The Programme of the Irish Presidency of the Council of the EU is available. Formal publication of the electrification action plan, review of the EU ETS, and proposals on network charges and energy taxation are scheduled for publication on 17 July 2026. Other priorities include finalisation of the Grids Package and the update of the energy security framework. Our webpage on the EU Presidency is available here: Ireland's Presidency of the Council of the European Union.
EU GRIDS PACKAGE
The Council of the EU agreed its negotiating position on the two legislative proposals in the Grids Package. Our briefing on the initial proposal is available here: EU Energy Grids Package. Overall, the Council’s position strengthens the role of Member States, softens certain mandatory requirements and introduces amendments to address Member State concerns regarding collection and allocation of congestion income. In response, Europe’s main wind industry group has urged the Parliament to press for strong permitting provisions and EU-wide grid planning.
Further EU developments
ELECTRICITY
- Customer switching: ENTSO-E and the DSO Entity published guidance on simplifying customer switching. Guiding principles for measurement data, intended to support interoperability, have also been published.
- Generator connections: ENTSO-E reported on how to better detect and analyse forced oscillations. The report provides non-binding guidance on requirements in proposed amendments to the Network Code on Requirements for Grid Connection of Generators 2.0.
- Long-term transmission rights: ACER is consulting until 7 August 2026 on proposals to amend the harmonised allocation rules and requirements for the single allocation platform.
- Market integration: An ENTSO-E report indicates progress in European electricity market integration.
- Network development plan: ENTSO-E and ENTSOG published draft scenarios for TYNDP 2026.
- Reserve requirements: ACER updated its methodology for a more efficient assessment of regional electricity reserve requirements.
- Risk preparedness: ENTSO-E has published a favourable outlook for summer.
GAS
- Congestion: ACER published a report on changing cross-border flows, residual congestion, and potential ways to ease it.
- Decarbonisation: ACER’s 2026 monitoring report on decarbonising the EU’s gas market focuses on two strategies: displacing natural gas and reducing its greenhouse gas footprint, for example through carbon capture and storage and measures to address methane leaks.
- Market task force: The task force report includes recommendations aimed at ensuring that gas and gas derivatives markets deliver for European businesses and consumers.
- Security of supply: Composition of risk groups under the Security of Supply Regulation has been amended. Risk groups are the basis for enhanced regional cooperation to increase the security of gas supply and agreement on appropriate and effective cross-border measures. Separately, ACER reported on instances where long-term contracts for Russian gas remain in place in the EU.
CARBON
- ETS review: Publication of the review is scheduled for 17 July 2026. The FT has reported that there is an expectation that allowances will continue into the 2040s.
- ETS2: The co-legislators reached provisional agreement on amendment of the market stability reserve for the EU’s emissions trading system for buildings, road transport and additional sectors. Amendments include extending the lifetime of the market stability reserve beyond 2030 and doubling (from 20 million to 40 million) the number of allowances to be released when the cost of carbon exceeds €45 per tonne CO2 equivalent (in 2020 prices). The aim is to ensure a smooth and predictable start when the system launches in 2028. Once formally adopted by the legislators, the intent is that it will be implemented in time for the full launch of the ETS 2.
STORAGE
Member States, developers, customers, banks and others have made commitments under a tripartite agreement for energy storage, aimed at strengthening storage capacity. EU-level tripartite agreements aim to bring institutional and economic actors together to reinforce competitive value chains in key sectors of the clean transition.
OFFSHORE: PORTS
Member States approved the Council’s conclusions (PDF 315 KB) on the EU’s Ports Strategy. They include that the common principles for EU funding should simplify procedures, avoid additional bureaucracy and remain neutral on governance and concession models or contractual arrangements; there is a need to make use of diverse sources of funding; and sources of funding include EU, national and private sources, and funding raised through cooperation with national promotional banks and financial institutions.
CYBERSECURITY
The annual report of the EU Agency for Cybersecurity ranks the electricity sector as having a high degree of maturity (based on legislation and its effectiveness, companies and their preparedness, and authorities and their institutional capacity). Further information is available here: NIS360: The bigger picture on maturity and criticality of NIS critical sectors.
RECOVERY POTENTIAL
Implementing regulation (EU) 2026/1116 identifies products, components and waste streams with critical raw materials recovery potential under the Critical Raw Materials Regulation. The list guides Member States in designing national circularity programmes and supports the EU’s binding recycling targets.
NATIONAL ENERGY AND CLIMATE PLAN
Amendments to a Commission Implementing Regulation on the structure of NECP progress reports, required under the Governance Regulation, set out additional information Member States must now report on under:
- RED III (PPAs, industrial renewables, RFNBOs, heating/cooling and transport)
- Energy Efficiency Directive (energy efficiency first, public sector obligations, procurement, energy poverty, financing and savings schemes)
- Energy Performance of Buildings Directive (building stock renovation progress)
- Gas market Directive (market-based gas pricing)
- enhanced fossil fuel subsidy reporting
REMIT
ACER is consulting until 11 September 2026 on an Annex on the reporting of energy derivative transactions, to accompany a new guideline on REMIT transaction reporting.
Further domestic developments
STRATEGIC RESERVE
The Development (Strategic Gas Reserve) Bill 2026 has begun the legislative process to enable the Minister for Climate, Energy and the Environment to grant approval for the development and operation of a strategic gas reserve for the purpose of securing the State’s energy supply in case of emergency.
HYDROGEN GEOLOGICAL STORAGE
The Department for Climate, Energy and the Environment is consulting until 17 July 2026 to gather information from parties planning or developing geological hydrogen storage projects in Ireland.
EMERGENCY GENERATION
The EirGrid, Electricity and Turf (Amendment) Act 2022 Section 10(4) extension order extends the operational period of Temporary Emergency Generation Plant (TEG 2) by 12 months to 31 March 2028.
DATA CENTRES
Minister Burke published a report on the economic value of data centres to Ireland which considers direct economic value from the construction and operation of data centres, as well as their role in enabling activity across the wider economy.
NATIONAL PORTS POLICY
The Department of Transport is consulting until 28 August 2026 on the draft revision of the National Ports Policy 2013. It recognises the importance of port infrastructure to offshore renewable energy development. It states that the Government retains the option to invest in the capital infrastructure of Ports of National Significance, in tandem with the ports’ business plans, and that consideration may be given to the potential to access cross-governmental Exchequer funding and/or borrowing streams. It also notes that additional port capacity, equivalent to a new port, will be required on the east coast post-2040.
COST OF INACTION
The Irish Fiscal Advisory Council published an updated report on the costs of climate inaction, including in relation to the State’s financial exposure for failure to meet EU-level emissions targets.
CLIMATE ACTION PLAN
The Government is consulting until 17 August 2026 on the next annual update to the Climate Action Plan.
CRU business
OFFSHORE
The CRU is consulting until 21 July 2026 on the mechanisms to incentivise EirGrid to achieve timely delivery and transfer of high-quality offshore transmission assets for Phase 1 offshore projects.
The CRU is also consulting until 4 September 2026 on its minded-to position on the Phase 1 Guarantee of Availability policy regime, with the intent of publishing a final decision by the end of 2026. This is intended to de-risk Phase 1 offshore wind projects by compensating developers when unplanned outages on EirGrid-owned offshore transmission assets prevent the export of electricity generated by those projects.
EirGrid, for the purpose of Section 90(1)(a)(i) of the Maritime Area Planning Act 2021, has been declared a fit and proper person to be granted and to hold any maritime area consent under the Maritime Area Planning Act 2021 (Fit and Proper Person – EirGrid) Order 2026.
ELECTRICITY NETWORK
Storage tariffs
The CRU issued its decision following a minded-to position that energy storage units (“ESUs”) should pay Generator Transmission Use of System (“G-TUoS”) charges and not Demand Transmission Use of System charges, which we looked at in our Insights blog post here: Energy Update: Network charging set to change for storage assets. The CRU has now decided that the following arrangements will apply from 1 October 2026 for the 2026/27 tariff year.
- Standalone ESUs and ESUs co-located with generation will pay G-TUoS charges per Schedules GTS-T or GTS-D of the Statement of Charges, consistent with generation units.
- ESUs will pay D-TUoS charges on energy volume and capacity only in respect of house load consumption, in line with the applicable G-TUoS Statement of Charges. Where existing metering arrangements do not allow the separate metering of energy consumption related to house load from energy consumption related to charging, ESUs will pay relevant components of D-TUoS levied on capacity (Maximum Import Capacity) related to house load, but not components levied on energy consumption (MWhs).
- No changes to network charges will apply to storage co-located with demand or for charging arrangements for Autoproducer Users (Schedules ATS-T, ATS-D).
The CRU will consider ESU use of system charging arrangements further in the context of the multi-annual Electricity Network Tariff Structure Review.
Applications for compulsory land acquisition
The CRU decided that the application form and guidance for special orders made pursuant to section 47 (Compulsory acquisition of land by CRU) of the Electricity Regulation Act 1999 does not need to be updated.
Intraday capacity calculation methodology
The CRU published the amended version of the core capacity calculation methodology required under the Capacity Allocation and Congestion Management Regulation. This is the fifth amendment of the methodology. It extends by two years the period during which the Polish TSO may continue to apply allocation constraints that secure balancing reserves by limiting excess trade which could otherwise result in scarcity of available balancing capacity. It also extends use of Available Transfer Capacity validation by all TSOs until an enduring (flow-based) alternative is in place.
GAS NETWORK
The CRU seeks feedback until 14 August 2026 on the strategic direction for Price Control 6, which is the gas network price control that will cover the period October 2027 to September 2032. The CRU states that the gas system is entering a period of transition which must be addressed through the PC6 regulatory framework and the price control methodology. A PC6 draft determination is expected in the summer of 2027. GNI’s transmission and distribution tariffs for 2026/27 are also available.
Further SEMC business
MULTI-NEMO ARRANGEMENTS
The SEM Committee is consulting until 7 August 2026 on the future regulatory treatment of Nominated Electricity Market Operators (“NEMOs”) in the SEM as competition is introduced. SEMOpx has operated as the SEM’s sole NEMO. However, the Capacity Allocation and Congestion Management Regulation requires all participating jurisdictions to facilitate competitive NEMO entry in the absence of a national legal monopoly, and Nord Pool has formally notified the regulatory authorities of its intention to begin offering day-ahead and intraday trading services in the SEM, with competitive activity anticipated from early 2027.
The consultation considers whether SEMOpx’s existing licence obligations remain appropriate in a multi-NEMO environment, how a level regulatory playing field can be maintained across incumbent and new entrant NEMOs, how costs should be allocated between market coupling activities and commercial operations, and what framework should govern SEMOpx’s role as sole provider of SEM-GB border services.
IMPERFECTIONS CHARGES
The SEM Committee is consulting until 24 July 2026 on the Imperfections Charges Forecast Tariff Year 2026/27 before issuing its final decision on the Tariff Year 2026/27 Network Imperfections Charge.
DIRECTED CONTRACTS
The SEM Committee is consulting until 21 August 2026 on the review of the market concentration model for determining Directed Contracts volumes. The principal proposed change is to replace the existing Herfindahl-Hirschman Index approach, which has produced zero DC volumes across all modelled quarters in recent rounds, with the Residual Supplier Index methodology, which links supply concentration to demand conditions.
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