Commission Regulation (EU) 2017/2196 of 24 November 2017 establishing a network code on electricity emergency and restoration (Text with EEA relevance. )

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

For the purposes of safeguarding operational security, preventing the propagation or deterioration of an incident to avoid a widespread disturbance and the blackout state as well to allow for the efficient and rapid restoration of the electricity system from the emergency or blackout states, this Regulation establishes a network code which lays down the requirements on:

(a) the management by TSOs of the emergency, blackout and restoration states;

(b) the coordination of system operation across the Union in the emergency, blackout and restoration states;

(c) the simulations and tests to guarantee a reliable, efficient and fast restoration of the interconnected transmission systems to the normal state from the emergency or blackout states;

(d) the tools and facilities needed to guarantee a reliable, efficient and fast restoration of the interconnected transmission systems to the normal state from the emergency or blackout states.

Article 2

Scope

In particular, this Regulation shall apply to the following SGUs:

(a) existing and new power generating modules classified as type C and D in accordance with the criteria set out in Article 5 of Commission Regulation (EU) 2016/631 (³);

(b) existing and new power generating modules classified as type B in accordance with the criteria set out in Article 5 of Regulation (EU) 2016/631, where they are identified as SGUs in accordance with Article 11(4) and Article 23(4);

(c) existing and new transmission-connected demand facilities;

(d) existing and new transmission connected closed distribution systems;

(e) providers of redispatching of power generating modules or demand facilities by means of aggregation and providers of active power reserve in accordance with Title 8 of Regulation (EU) 2017/1485; and

(f) existing and new high voltage direct current (‘HVDC’) systems and direct current-connected power park modules in accordance with the criteria set out in Article 4(1) of Commission Regulation (EU) 2016/1447 (⁴).

Article 3

Definitions

For the purposes of this Regulation, the definitions provided for in Article 2 of Directive 2009/72/EC of the European Parliament and of the Council (⁵), Article 2 of Regulation (EC) No 714/2009, Article 2 of Commission Regulation (EU) No 543/2013 (⁶), Article 2 of Regulation (EU) 2015/1222, Article 2 of Regulation (EU) 2016/631, Article 2 of Commission Regulation (EU) 2016/1388 (⁷), Article 2 of Regulation (EU) 2016/1447 Article 2 of Regulation (EU) 2016/1719, and Article 2 of Regulation (EU) 2017/1485 shall apply.

In addition, the following definitions shall apply:

(1) ‘defence service provider’ means a legal entity with a legal or contractual obligation to provide a service contributing to one or several measures of the system defence plan;

(2) ‘restoration service provider’ means a legal entity with a legal or contractual obligation to provide a service contributing to one or several measures of the restoration plan;

(3) ‘high priority significant grid user’ means the significant grid user for which special conditions apply for disconnection and re-energisation;

(4) ‘netted demand’ means the netted value of active power seen from a given point of the system, computed as (load — generation), generally expressed in kilowatts (kW) or megawatts (MW), at a given instant or averaged over any designated interval of time;

(5) ‘restoration plan’ means all technical and organisational measures necessary for the restoration of the system back to normal state;

(6) ‘re-energisation’ means reconnecting generation and load to energise the parts of the system that have been disconnected;

(7) ‘top-down re-energisation strategy’ means a strategy that requires the assistance of other TSOs to re-energise parts of the system of a TSO;

(8) ‘bottom-up re-energisation strategy’ means a strategy where part of the system of a TSO can be re-energised without the assistance from other TSOs;

(9) ‘resynchronisation’ means synchronising and connecting again two synchronised regions at the resynchronisation point;

(10) ‘frequency leader’ means the TSO appointed and responsible for managing the system frequency within a synchronised region or a synchronous area in order to restore system frequency back to the nominal frequency;

(11) ‘synchronised region’ means the fraction of a synchronous area covered by interconnected TSOs with a common system frequency and which is not synchronised with the rest of the synchronous area;

(12) ‘resynchronisation leader’ means the TSO appointed and responsible for the resynchronisation of two synchronised regions;

(13) ‘resynchronisation point’ means the device used to connect two synchronised regions, usually a circuit breaker.

Article 4

Regulatory aspects

When applying this Regulation, Member States, regulatory authorities, competent entities and system operators shall:

(a) apply the principles of proportionality and non-discrimination;

(b) ensure transparency;

(c) apply the principle of optimisation between the highest overall efficiency and lowest total costs for all parties involved;

(d) ensure that TSOs make use of market-based mechanisms as far as is possible to ensure network security and stability;

(e) respect technical, legal, personal safety and security constraints;

(f) respect the responsibility assigned to the relevant TSO in order to ensure system security, including as required by national legislation;

(g) consult with relevant DSOs and take account of potential impacts on their system; and

(h) take into consideration agreed European standards and technical specifications.

Each TSO shall submit the following proposals to the relevant regulatory authority in accordance with Article 37 of Directive 2009/72/EC for approval:

(a) the terms and conditions to act as defence service providers on a contractual basis in accordance with paragraph 4;

(b) the terms and conditions to act as restoration service providers on a contractual basis in accordance with paragraph 4;

(c) the list of SGUs responsible for implementing on their installations the measures that result from mandatory requirements set out in Regulations (EU) 2016/631, (EU) 2016/1388 and (EU) 2016/1447 and/or from national legislation and the list of the measures to be implemented by these SGUs, identified by the TSOs under Art. 11(4)(c) and 23(4)(c);

(d) the list of high priority significant grid users referred to in Articles 11(4)(d) and 23(4)(d) or the principles applied to define those and the terms and conditions for disconnecting and re-energising the high priority grid users, unless defined by the national legislation of Member States.

(e) the rules for suspension and restoration of market activities in accordance with Article 36(1);

(f) specific rules for imbalance settlement and settlement of balancing energy in case of suspension of market activities, in accordance with Article 39(1);

(g) the test plan in accordance with Article 43(2).

The terms and conditions to act as defence service provider and as restoration service provider shall be established either in the national legal framework or on a contractual basis. If established on a contractual basis, each TSO shall develop by 18 December 2018 a proposal for the relevant terms and conditions, which shall define at least:

(a) the characteristics of the service to be provided;

(b) the possibility of and conditions for aggregation; and

(c) for restoration service providers, the target geographical distribution of power sources with black start and island operation capabilities.

By 18 December 2018, each TSO shall notify the regulatory authority or the entity designated by the Member State the system defence plan designed pursuant to Article 11 and the restoration plan designed pursuant to Article 23, or at least the following elements of those plans:

(a) the objectives of the system defence plan and the restoration plan, including the phenomena to be managed or the situations to be solved;

(b) the conditions triggering the activation of the measures of the system defence plan and the restoration plan;

(c) the rationale of each measure, explaining how it contributes to the objectives of the system defence plan and the restoration plan, and the party responsible for implementing those measures; and

(d) the deadlines set out pursuant to Articles 11 and 23 for the implementation of the measures.

Article 5

Consultation and coordination

Where this Regulation provides that a TSO shall consult concerned parties for actions it defines before real-time or in real-time, the following procedure shall apply:

(a) the TSO shall liaise with at least the parties identified in the Articles of this Regulation requiring consultation;

(b) the TSO shall explain the rationale and objective of the consultation and of the decision that it has to take;

(c) the TSO shall collect from the parties referred to in point (a) any relevant information and their assessment;

(d) the TSO shall duly take into account the views, situations and constraints of the parties consulted;

(e) before taking a decision, the TSO shall provide an explanation to the parties consulted of the reasons for following or not their views.

Where this Regulation provides that a TSO shall coordinate the execution of a set of actions in real-time with several parties, the following procedure shall apply:

(a) the TSO shall liaise at least with the parties identified in the Articles of this Regulation requiring real time coordination;

(b) the TSO shall explain the rationale and objective of the coordination and of the actions to be taken;

(c) the TSO shall make an initial proposal on actions to be taken by each party;

(d) the TSO shall collect from the parties referred to in point (a) any relevant information and their assessment;

(e) the TSO shall make a final proposal on actions to be taken by each party, duly taking into account the views, situations and constraints of the concerned parties and setting a deadline for parties to express their opposition to the actions proposed by the TSO;

(f) where the concerned parties do not oppose executing the actions proposed by the TSO, each party, including the TSO, shall execute the actions in line with the proposal;

(g) where one or more of the parties refuse the action proposed by the TSO within the set deadline, the TSO shall refer the action proposed to the relevant authority for decision, together with a justification of the rationale and objectives of the action proposed by the TSO and of the assessment and position of the parties;

(h) if real-time referral to the relevant authority is not possible, the TSO shall initiate an equivalent action that has the least or no impact on the parties that refused to execute the action proposed.

Article 6

Regional coordination

When designing its system defence plan pursuant to Article 11 and its restoration plan pursuant to Article 23 or when reviewing its system defence plan pursuant to Article 50 and its restoration plan pursuant to Article 51, each TSO shall ensure the consistency with the corresponding measures in the plans of TSOs within its synchronous area and in the plans of neighbouring TSOs belonging to another synchronous area of at least the following measures:

(a) inter-TSO assistance and coordination in emergency state, pursuant to Article 14;

(b) frequency management procedures, pursuant to Article 18 and Article 28, excluding the establishment of target frequency in case of bottom-up re-energisation strategy before any resynchronisation to the interconnected transmission system;

(c) assistance for active power procedure, pursuant to Article 21;

(d) top-down re-energisation strategy, pursuant to Article 27.

The consistency assessment of the system defence plan and the restoration plan in accordance with paragraph 1 shall include the following tasks:

(a) exchange of information and data related to the measures referred to in paragraph 1 among the TSOs concerned;

(b) identification of incompatibilities of measures referred to in paragraph 1, in the plans of the involved TSOs;

(c) identification of potential threats to operational security in the capacity calculation region. These threats include, inter alia, regional common mode failures with significant impact on the transmission systems of the involved TSOs;

(d) assessment of the effectiveness of measures referred to in paragraph 1 specified in the system defence plans and the restoration plans of the involved TSOs, to manage the potential threats referred to in point (c);

(e) consultation with RSCs to assess the consistency of measures referred to in paragraph 1 within the entire concerned synchronous area;

(f) identification of mitigation actions in case of incompatibilities in the system defence plans and the restoration plans of the involved TSOs or in case that measures are missing in the system defence plans and the restoration plans of the involved TSOs.

Article 7

Public consultation

Article 8

Recovery of costs

Article 9

Confidentiality obligations

Article 10

Agreement with TSOs not bound by this Regulation

Where a synchronous area encompasses both Union and third country TSOs, by 18 June 2019, all Union TSOs in that synchronous area shall endeavour to conclude with the third country TSOs not bound by this Regulation an agreement setting the basis for their cooperation concerning secure system operation and setting out arrangements for the compliance of the third country TSOs with the obligations set in this Regulation.

CHAPTER II

SYSTEM DEFENCE PLAN

SECTION 1

General provisions

Article 11

Design of the system defence plan

When designing its system defence plan, each TSO shall take into account at least the following elements:

(a) the operational security limits set out in accordance with Article 25 of Regulation (EU) 2017/1485;

(b) the behaviour and capabilities of load and generation within the synchronous area;

(c) the specific needs of the high priority significant grid users listed pursuant to point (d) of paragraph 4; and

(d) the characteristics of its transmission system and of the underlying DSOs systems.

The system defence plan shall contain at least the following provisions:

(a) the conditions under which the system defence plan is activated, in accordance with Article 13;

(b) the system defence plan instructions to be issued by the TSO; and

(c) the measures subject to real-time consultation or coordination with the identified parties.

In particular, the system defence plan shall include the following elements:

(a) a list of the measures to be implemented by the TSO on its installations;

(b) a list of the measures to be implemented by DSOs and of the DSOs responsible for implementing those measures on their installations;

(c) a list of the SGUs responsible for implementing on their installations the measures that result from the mandatory requirements set out in Regulation (EU) 2016/631, (EU) 2016/1388 and (EU) 2016/1447 or from national legislation and a list of the measures to be implemented by those SGUs;

(d) a list of high priority significant grid users and the terms and conditions for their disconnection, and

(e) the implementation deadlines for each measure listed in the system defence plan.

The system defence plan shall include at least the following technical and organisational measures specified in Section 2 of Chapter II:

(a) system protection schemes including at least: (i) automatic under-frequency control scheme in accordance with Article 15; (ii) automatic over-frequency control scheme in accordance with Article 16; and (iii) automatic scheme against voltage collapse in accordance with Article 17.

(b) system defence plan procedures, including at least: (i) frequency deviation management procedure in accordance with Article 18; (ii) voltage deviation management procedure in accordance with Article 19; (iii) power flow management procedure in accordance with Article 20; (iv) assistance for active power procedure in accordance with Article 21; and (v) manual demand disconnection procedure in accordance with Article 22.

The measures contained in the system defence plan shall comply with the following principles:

(a) their impact on the system users shall be minimal;

(b) they shall be economically efficient;

(c) only those measures that are necessary shall be activated; and

(d) they shall not lead the TSO's transmission system or the interconnected transmission systems into emergency state or blackout state.

Article 12

Implementation of the system defence plan

By 18 December 2018 each TSO shall notify the transmission connected DSOs of the measures, including the deadlines for implementation, which are to be implemented on:

(a) the DSO's installations pursuant to Article 11(4); or

(b) the installations of SGUs identified pursuant to Article 11(4) connected to their distribution systems; or

(c) the installations of defence service providers connected to their distribution systems; or

(d) the installations of DSOs connected to their distribution systems.

Each notified DSO, SGU and defence service provider shall:

(a) implement the measures notified pursuant to this Article no later than 12 months from the date of notification;

(b) confirm the implementation of the measures to the notifying system operator, who shall, when different from the TSO, notify the confirmation to the TSO; and

(c) maintain the measures implemented on its installations.

Article 13

Activation of the system defence plan

In addition to the automatically activated schemes of the system defence plan, pursuant to point (a) of Article 11(5), each TSO shall activate a procedure of the system defence plan when:

(a) the system is in emergency state in accordance with the criteria set out in Article 18(3) of Regulation (EU) 2017/1485 and there are no remedial actions available to restore the system to the normal state; or

(b) based on the operational security analysis, the operational security of the transmission system requires the activation of a measure of the system defence plan pursuant to Article 11(5) in addition to the available remedial actions.

Article 14

Inter-TSO assistance and coordination in emergency state

When the assistance needs to be provided through direct current interconnectors, it may consist in carrying out the following actions, taking into account the technical characteristics and capability of HVDC system:

(a) manual regulation actions of the transmitted active power to help the TSO in emergency state to bring power flows within operational security limits or frequency of neighbouring synchronous area within system frequency limits for alert state defined pursuant to Article 18(2) of Regulation (EU) 2017/1485;