The uncertain scope of operations of the local authority in the field of production and supply of alternative electrical energy

Abstract

The decision in comment allows to reflect on the balance between different interests in the renewable energy sector, where liberalization is often questioned by jurisprudence. The comment investigates the possibility for a Municipality to play the role of "Responsible Entity of the Plant", outsourcing the construction and management of the same and benefiting from the increase in the tariff of the electricity produced. There are two main issues addressed: the first concerns the so-called self-consumption of alternative electricity and the subsequent sale of the same – in surplus – on the market; the second concerns the incentive contribution paid by the Energy Services Manager for the energy produced.