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Bulgaria Opens EU-Funded 3000 MWh Stand-Alone Battery Storage Facility Tender

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On 21 August 2024, the Bulgarian Ministry of Energy opened a tender procedure for National infrastructure for storage of renewable energy (RESTORE) for granting stand-alone battery energy storage system (BESS) tender funded under the EU’s Recovery Resilience Facility (the “Procedure”).

The deadline for submitting applications will be 17:00 on 21 November 2024. Bids must be submitted electronically only.

The Procedure aims to provide funding for the construction and implementation of at leasta 3000 MWh stand-alone battery storage facility. The total amount of the grant that can be provided under the entire procedure is EUR 590 million (approximately BGN 1.154 billion). Each undertaking can bid for up to EUR 76 million (BGN 148.6) in grant support.

The maximum grant intensity obtainable by each bidder is 50% of allowed costs (i.e. capital expenditures) but not more than EUR 190,000 (BGN 371,000) per 1 MWh in capacity.

Only legal entities established within the European economic zone are eligible to bid and their ultimate beneficial owners must be declared within their relevant company registers.

Eligibility is restricted to applicants (or the shareholders of applicants), which prove equity on their balance sheets of more than BGN 6 million for battery storage projects between 20 MWh and 50 MWh and BGN 10 million for projects above 50 MWh.

Each application should secure a 3% bid bond based on the amount of the grant requested.

On the technical side, each application should:

1.   present their investment proposal for a battery storage project with at least 10 MW (AC) capacity.

2.   have guaranteed storage-time capacity of more than two hours and must comply with the parameters for securing reserves for prime regulation of the frequency and/or automatic secondary regulation of the frequency and power;

3.   understand that the maximum capacity an applicant (and its linked enterprises) can request for funding for is 500 MWh;

4.   have a technical advisor with previous experience in either a combined project for production and storage or a standalone storage project with capacity of at least 10 MW for investment proposals between 10 MW and 20 MW and 20 MW for investment proposals above 50 MWh.

For an investment proposal to be eligible for application, the earlier of the procurement of the equipment or the commencement of the construction should have started on or after 25 June 2024.

As of the application date, the entity must secure a valid grid connection statement or agreement with the transmission/distribution grid operator.

The deadline for putting the project into operation is 31 March 2026.

A key requirement is that a conceptual design of the project must be submitted in the application process. The design must be prepared and bear the stamp of a certified Bulgarian designer.

Successful bidders are expected to conclude their grant agreement around January 2025.

Applications will be reviewed and ranked based on the requested grant per MWh (where the lower grant per MWh is ranked higher) and at parity the project with a larger capacity (MWh) will be ranked higher. For bids made at parity, the investment proposal with longer warranty period will be ranked higher. The grants will be released and paid to the successful applicants after the storage systems have bene successfully put into operation.

By Kostadin Sirleshtov, Managing Partner, Borislava Piperkova, Counsel, Vaska Solakova, Senior Associate, and Dian Boev, Associate, CMS

CMS at a Glance

CMS Sofia is a full-service law firm, the largest international law firm in Bulgaria and one of the largest providers of legal services in the local market as a whole. The breadth and depth of our practice means that our lawyers are specialised, with a level of specialisation that few of our competitors can match.

CMS Sofia is the Bulgarian branch of CMS, a top ten global legal and tax services provider with over 5000 lawyers in 43 countries and 78 offices across the world.

CMS entered the Bulgarian market as one of the first internationally active law firms in 2005 and is now among the most respected legal advisors in the country. We have 7 partners, 4 counsel and over 30 lawyers in our office in Sofia.

Our legal experts, who are rooted in Bulgaria’s local culture, can also draw on years of experience in foreign countries and are at home in several legal systems at once. We know the particularities of the local market just as well as the needs of our clients and combine both to achieve optimum solutions. Our lawyers are Bulgarian qualified and we also have English qualified experts – all of them regularly working on cross-border mandates.

In our work, we focus on M&A, Energy, Projects and Construction, Banking and Finance, Real Estate, Media, IP and IT law, Tax, Employment law, Competition, Procurement and any kind of Dispute resolution, including arbitration and mediation. What’s more, we also take care of the entire legal management of our clients’ projects.

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