I propose to take Questions Nos. 81 to 83, inclusive, and 128 together.
The Electricity Storage Policy Framework for Ireland was published on my departments website on Thursday the 4th of July. The Policy Framework addresses the role of grid-scale electricity storage on the grid network in the immediate and near term, outlining the present roles, technical processes, market positions and regulatory structures of electricity storage in Ireland.
Chapter 4 of the Policy Framework provides an overview of the existing safety and regulatory framework in place for grid scale electricity storage systems, including battery electricity storage systems (BESS) in the European and Irish contexts. The chapter also provides the roles and remits of various regulatory authorities and organisations in relation to standards, planning, construction, licensing, and safety of grid scale electricity storage systems in Ireland.
It is important to note that different aspects of the safety of (battery) electricity storage systems are handled by different sets of regulations, agencies and Departments. While the policy framework delivers an overview it does not address the specifics of how each institution or Department implements their remits, this is a matter for each institution, their governing legislation and the relevant Department, not the Department of the Environment, Climate and Communications.
For product standards, Ireland conforms to the European (EN) standards as set out by the European committee for standardisation (CEN), the European committee for electrotechnical standardisation (CENELEC) and the European telecommunication standards institute (ETSI). The National Standards Authority Ireland (NSAI) works to ensure the adoption of European standards and to ensure suitable standards across the entire value chain of all electricity storage system technologies in Ireland. The National Standards Authority Ireland (NSAI) is under the remit of the Department of Enterprise, Trade and Employment, as too is the Health and Safety Authority.
Battery electricity storage systems are subject to the same environmental controls as any other industrial or technical activity. The planning, construction and operation of these installations is subject to EU and Irish environmental rules enforced by the Environmental Protection Agency (EPA) and the planning authorities, either the relevant local authority or An Bord Pleanála.
Where an installation which holds an EPA licence proposes to install a battery electricity storage system, the installation should contact the EPA and may require a licence alteration or licence review. Licensable activities which also propose installation of battery electricity storage system will have the storage infrastructure assessed as part of the licence assessment and the conditions of any licence granted will apply to the licensable activity and the electricity storage infrastructure.
Battery electricity storage systems are also subject to the requirement for planning permission under the Planning and Development Act 2000 and associated regulations. The planning authorities ensure that battery electricity storage installations are planning legislation compliant. The local/planning authority plays a significant role in relation to electricity storage facility developments in its capacity as planning authority, building authority and fire authority.
The planning authorities assess individual electricity storage planning applications with recourse to all relevant documentation, including regional spatial and economic strategies and development plans, in line with the National Planning Framework. Principal assessment criteria, in addition to compliance with national, regional and local policies, will depend on the specific electricity storage project under review and the proposed location but considerations include: the most efficient use of land and infrastructure; the visual impacts of storage units as well as potential environmental / ecological and fire safety risks posed by electricity storage projects in the proposed location.
The National Directorate for Fire and Emergency Management (NDFEM) and County Fire Officers work with planning authorities to ensure that Battery storage installations are designed and built in a way the ensures fire safety. Under Section 13 of the Fire Services Acts 1981 & 2003, Fire Authorities may advise a planning authority in relation applications for planning permission for development and permission for the retention of structures, under Section 34 (which relates to permission for development and for the retention of structures) of the Planning and Development Act 2000.
Engagement with regard to the National Directorate for Fire and Emergency Management (NDFEM) as well as matters for Local (planning) authorities and An Bord Pleanála should in the first instance be addressed to the Department of Housing, Local Government and Heritage.
The Commission for the Regulation of Utilities (CRU) established by the 1999 Electricity Regulation Act, has regarding licensing, charging and market incentives for electricity undertakings, commenced a review of the regulatory treatment of electricity storage systems. The CRU is responsible inter alia, for the licensing of electricity storage, the regulation of electricity storage in the electricity market, electricity storage grid connections, including Hybrid co-location of electricity storage assets with renewable generation assets. Under Section 14(1)(n) (as amended by the Renewable Energy Regulation S.I. 20/2022) CRU are now authorised to license electricity storage systems. Further, service providers of electricity storage systems (in their capacity as generators) are also required to apply for an Authorisation to Construct (under Section 16).
Public confidence in our electricity grid system and the electricity storage systems which serve the grid infrastructure are paramount to this Government. To that end there is ongoing engagement between Government departments and relevant stakeholders on the implementation of any new regulation relevant to the safety of (battery) electricity storage systems.