Investments in renewable energies Redispatching of renewable energy sources in Poland – between system security and the rights of generators
What is non-market redispatching?
It is an intervention by the transmission system operator (in Poland: PSE) consisting of altering the operational schedule of generating units outside market mechanisms, to ensure the security of system operation. From the perspective of balancing tools, it involves the temporary shutdown or reduction of output from renewable energy installations (and energy storage), to balance the system or prevent grid congestion.
Scale and dynamics of the phenomenon in 2025
In 2025, nearly 1.4 TWh of energy from renewable sources did not reach consumers due to non-market redispatching – more than twice the level recorded in 2024. According to data from Forum Energii (Energy Forum), as much as 97.8% of this volume resulted from balancing reasons (lack of system flexibility), rather than from physical grid constraints. Redispatching occurred in approximately one-third of the hours each month.
Why must renewables be curtailed?
PV generation peaks at midday, whilst the system is unable to rapidly reduce the output of conventional sources and absorb the "green" surplus. At noon, demand for energy from conventional sources falls, and in the evening, it rises sharply – the absence of flexible resources forces the rejection of excess renewable energy. The consequences are more frequent curtailments of renewable installations and, periodically, negative prices.
Risk of discrimination and regulatory action
The President of UOKiK received complaints from renewable energy generators that their installations were subject to more frequent redispatching than others, without adequate justification. As a result, the President of UOKiK opened an explanatory investigation into PSE to examine whether curtailment orders were issued in a proportionate, uniform, and non-discriminatory manner. The investigation does not call into question PSE's role in ensuring system security – it aims to verify the transparency with which the redispatching tool is applied.
Legal position and practical issues
In the Polish legal system, reliability-of-supply clauses are imposed unilaterally in grid connection agreements – generators have no real possibility of negotiating these provisions, which is at odds with the intention of EU regulations, which envisage such clauses being accepted voluntarily. As a result, renewable energy generators lose their entitlement to compensation for forced curtailments. The selection of units for curtailment is also contentious – in practice, large PV farms are subject to redispatching more frequently than other sources.
Checklist for generators
In every case, it is advisable to carry out a legal and technical audit, examining:
• whether the shutdown or curtailment was necessary at the relevant time – under EU law, redispatching should be a measure of last resort, applied under strictly defined conditions and in a proportionate manner;
• whether the principle of non-discrimination was observed – in practice, PV installations are curtailed more frequently than wind sources, which requires an assessment of the transparency of the criteria applied;
• whether PSE correctly calculated the compensation due, in accordance with EU law requirements and domestic calculation rules;
• whether the generator genuinely and voluntarily accepted the absence of a firm delivery guarantee in the grid connection agreement – and whether the manner in which that acceptance was obtained meets the standards required under EU law.
A negative answer to even one of these questions should prompt further analysis and the pursuit of damages claims. It is also advisable to monitor the actions of UOKiK, whose findings may significantly support the argumentation in individual cases.
Summary
Today, the costs of non-market redispatching fall primarily on renewable energy generators; however, the number of arguments in favour of pursuing compensation for unjustified curtailments is growing.
At the same time, regulatory action – including the UOKiK explanatory investigation – should accelerate the development of transparent, non-discriminatory rules, whilst at the technical and market level, the implementation of solutions enhancing system flexibility should be advanced.
