Introduction
Energy storage facilities are undoubtedly an extremely important element supporting the energy transition. Their use allows for increased utilisation of energy produced from renewable sources with unstable characteristics, thereby increasing the level of self-consumption of cheaper energy and reducing the dependence of renewable sources on the operator’s network. Larger storage units, on the other hand, successfully serve to stabilise the distribution grid. The year 2024 saw a very dynamic increase in the number and capacity of storage installations, as shown by data provided by distribution system operators. For example, last year Enea Operator connected 5,100 energy storage facilities with a total capacity of 27 MW, compared to 2,000 facilities the year before. Other major domestic network operators recorded similar growth in the number of storage facilities connected. The vast majority (in terms of quantity) of connected storage facilities are part of prosumer installations, and most of them were built thanks to subsidy support under the My Electricity 6.0 programme[1] , in which, from August 2024, the combination of a generation source with an energy storage facility will be a condition for obtaining a subsidy. At the same time, large-scale projects are also underway, such as the construction of one of the largest storage facilities in Europe, recently initiated by PGE and LG Energy Solution Wrocław. The investment will be carried out in Żarnowiec. Its total cost is estimated at approximately PLN 1.5 billion, and the project is scheduled for completion in 2027.
There has been a lot of activity recently in the regulatory sphere related to energy storage. The regulations defining the rules for the operation of energy storage facilities contained in the Energy Law are supplemented by a number of other provisions contained in the RES Act and in executive regulations governing, among other things, the extremely important issue of the rules for the transfer of funds to investors as part of public aid. In this article, we will review the regulations related to connecting energy storage facilities to the grid, also taking into account the proposed changes.
Energy Law – the first comprehensive solution for the operation and development of electricity storage facilities
Residual regulations concerning electricity storage have existed for many years in both energy law and the RES Act. At that stage, however, these acts merely noted the existence of energy storage devices rather than creating solutions for the development of this type of infrastructure. Suffice it to say that each of the above-mentioned acts contained a separate definition of energy storage. The first comprehensive regulation, which, according to the proposers, was intended to support the development of energy storage facilities, appeared in Polish law in 2021. The amendment to the Energy Law of 20 May 2021 clarified the terminology by introducing uniform definitions of storage and electricity storage and completely exempted energy storage from the obligation to have a tariff. At that time, double charging of network fees – tariffs for electricity in settlements with storage facilities for services provided (transmission or distribution) had to ensure a deduction from the energy consumed by that storage facility from the energy company’s grid of the electricity fed into that company’s grid from that storage facility, based on the readings of the metering and billing system. A threshold of 10 MW of total installed capacity was also clearly defined, above which the owner remained obliged to obtain a licence for energy storage. At the same time, storage facilities with a capacity of no more than 50 kW were exempted from all reporting obligations, while storage facilities with a capacity of more than 50 kW (and less than 10 MW) are subject to mandatory entry in the register kept by the relevant territorial DSO or TSO. The amendment also introduced several other solutions encouraging investment in energy storage facilities, such as exemption from half of the fee for connecting the storage facility to the grid or the introduction of the possibility of drawing energy from the grid by a storage facility that is part of a renewable energy source without losing the rights to certificates and entitlements resulting from other support systems.
The 2021 amendment to the Energy Law brought about a significant change in the classification of pumped storage power plants, which until the amendment were treated as generating units. “With the introduction of the 2021 these units, in terms of their pumped storage operation, fell under the definition of electricity storage facilities and, in order to remain able to operate not only as generating units but also as electricity storage facilities, they were required by the legislator to apply to the President of the Energy Regulatory Office for additional licences.”[2] Currently, according to data published by the Energy Regulatory Office, the largest storage facilities in terms of installed capacity are pumped storage power plants, whose total capacity accounts for 85% of the total capacity of all storage facilities included in the DSO/TSO registers.
Another package of regulations concerning energy storage facilities appeared in the Energy Law as part of an amendment adopted on 28 July 2023. Definitions of aggregator and independent aggregator were introduced, enabling market participants to group and manage energy consumption, which in turn is important for the integration of energy storage facilities into the power system. The amendment also introduced the concept of an active consumer, who can not only consume but also store and sell electricity, which creates new opportunities for energy storage owners. In addition, the administrative procedures for the installation of photovoltaic devices with a capacity of up to 150 kW have been simplified, which promotes the development of small and medium-sized RES installations integrated with energy storage facilities. The introduction of an electricity storage register, maintained by electricity system operators, ensures transparency and better control over the development of storage infrastructure in Poland. These changes are aimed at increasing the flexibility and stability of the electricity system and promoting the sustainable development of the energy sector.
Renewable Energy Sources Act
In turn, the amendment to the Act on Renewable Energy Sources (RES) of 2024 introduces solutions supporting investments in energy storage facilities connected to micro-installations and hybrid installations. The new regulations simplify administrative procedures, reducing the time required to obtain permits for the construction of RES installations to a maximum of 30 days and the conditions for connection to the grid to 45 days. In addition, micro-installations with energy storage have been granted a favourable solution ( ) whereby the installed capacity of the storage facility is not included in the total capacity of the installation, which allows for more efficient use of the energy produced by prosumers and increases the profitability of investments in renewable energy sources.
Subsidies supporting the development of storage
The aforementioned My Electricity 6.0 subsidy programme, in which the installation of an energy storage facility is a condition for receiving a subsidy, combined with the changed billing system (replacement of the average monthly electricity price (RCEm) with a billing system based on hourly prices (RCE) for electricity fed into the grid) undoubtedly have a positive impact on the high growth rate of the number of storage facilities connected to prosumer installations. At the same time, mechanisms are being launched to support investments in high-capacity energy storage facilities, whose task is, among other things, to stabilise the operation of the distribution network. A milestone in this regard is the Regulation of the Minister of Climate and Environment on the detailed conditions for granting public aid by the National Fund for Environmental Protection and Water Management (NFOŚiGW) for investments in electricity storage and related infrastructure, published on 7 March 2025. The regulation is necessary for the launch of the programme “Electricity storage facilities and related infrastructure to improve the stability of the Polish power grid” with a huge budget of PLN 4.15 billion. The programme will be addressed exclusively to newly installed storage facilities with a capacity of not less than 2 MW and a capacity of not less than 4 MWh, and aid will be granted in the form of direct subsidies and loans covering up to 45% of investment costs, with the possibility of increasing this to 65% for small businesses and 55% for medium-sized enterprises. The enormous value of the programme will undoubtedly provide a significant stimulus for the development of investments in energy storage facilities.
Upcoming changes in the regulatory environment
On 18 March 2025, the Council of Ministers adopted a draft law amending the law on investments in wind farms and certain other laws, which provides for an amendment to Article 7(8d)(12) of the Energy Law, establishing new, more attractive rules for summing up the capacity of micro-installations and energy storage, especially for prosumers. Under the current legal framework, the capacity of energy storage facilities cannot exceed the installed electrical capacity of micro-installations. The proposed regulations would allow the installation of storage facilities with a capacity greater than that of micro-installations, up to a limit of 2.2 times the capacity of micro-installations. The new regulations will therefore allow for the installation of energy storage facilities with greater power and, consequently, greater capacity. This, in turn, will allow prosumers to increase their self-consumption of the energy they produce, reducing their dependence on the DSO.
Summary
The regulatory environment for energy storage is changing very dynamically, supporting the development of this type of investment and thus the energy transition process. Stabilising the distribution network by installing distributed energy storage facilities appears to be an important complement to costly and time-consuming large-scale solutions involving the expansion of the distribution network, which is necessary for connecting new RES sources. Also, within the framework of the EU’s climate policy, electricity storage technologies are seen as key to increasing the use of energy from renewable sources. The climate policy targets are very ambitious – they envisage a 40% reduction in greenhouse gas emissions by 2030 and then an 80% reduction by 2050 (in line with the EU Energy Roadmap).
[1] From 1 August 2024, the installation of energy storage facilities became a prerequisite for obtaining subsidies.
[2] Electricity storage – Report by the Energy Regulatory Office, June 2024
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