ATR and Connection Study in Romania: Why They Still Matter

Legal clarifications on Romania's evolving grid access framework - auctions, ATR sequencing and bankability.

Legal clarifications on Romania's evolving grid access framework

1. Introduction: A market confusion with real investment consequences

As Romania prepares to introduce a competitive mechanism for allocating grid capacity to new electricity generation projects, a fundamental question has emerged across the market:

Will developers still need to obtain a Technical Connection Permit (ATR) and carry out a connection study once capacity allocation through auctions is introduced?

The question is not academic. It directly affects:

• project timelines and bankability;
• financing eligibility under CfDs, PPAs and acquisition structures;
• the legal certainty of grid access rights.

The confusion stems from the 2024 ANRE methodology on competitive capacity allocation, which relies on grid studies performed at system or network level, combined with the postponement of its entry into force from 1 January 2026 to later in 2026. Many market participants have inferred - incorrectly - that individual connection procedures may become redundant.

This article clarifies the legal reality:the introduction of capacity auctions does not eliminate the obligation to obtain an ATR or to perform a project-specific connection study

These instruments remain legally and practically indispensable.

2. The applicable legal framework: separating signal from noise

Four regulatory pillars are decisive for this analysis:

1. Law no. 123/2012 on electricity and natural gas: Establishes the principle of regulated, non-discriminatory access to electricity networks and mandates ANRE to regulate connection procedures.
2. ANRE Order no. 59/2013 (Connection Regulation): Governs the connection process, including the connection study and the issuance of the ATR as an individual administrative act.
3. ANRE 2024 Methodology on competitive allocation of grid capacity: Introduces auctions for allocating available capacity but does not regulate the technical or legal conditions of connection.
4. Law no. 554/2004 on administrative litigation: Defines the legal nature and effects of individual administrative acts, including the ATR.

Crucially, none of these acts abolishes or replaces the ATR or the connection study.

3. What the connection study legally is and what it is not

3.1 The connection study under Order 59/2013

Under the current regulation, the connection solution for a project is established through:

• a simplified connection sheet or
• a full connection study, depending on the project's impact on the network.

The connection study is:

• project-specific, not generic;
• performed under a contract between the applicant and the grid operator;
• paid by the applicant;
• subject to formal review and approval;
• capable of producing binding legal consequences, including classification or termination of the connection request if the applicant fails to act.

It determines:

• the technical connection solution;
• reinforcement works;
• operational limitations (including curtailment);
• the technical and economic conditions later embedded in the ATR.

3.2 What the connection study is not

A connection study is not:

• a system-wide grid assessment;
• a policy or planning document;
• an informational study without legal effect.

A network or system study may inform regulatory decisions or auction design, but it cannot establish individual connection rights.

Key distinction:
A system study may justify capacity allocation rules. Only a project-specific connection study can justify a legally enforceable right to connect.

4. The ATR: an administrative act, not a formality

The ATR is not a procedural formality. Legally, it is:

• an individual administrative act;
• issued by the grid operator under regulatory authority;
• defining the binding technical and economic conditions of connection;
• opposable to third parties and subject to administrative litigation.

Without an ATR:

• no connection contract can be concluded;
• no bankable grid access right exists;
• financing, CfD eligibility and M&A transactions remain structurally exposed.

In practice, capacity without an ATR is not a right, it is only a possibility.

5. Where capacity auctions actually sit in the legal architecture

The 2024 ANRE methodology introduces competitive auctions for allocating available grid capacity, particularly for projects above 5 MW.

However, the methodology:

• does not determine the technical connection solution;
• does not replace the connection study;
• does not issue an ATR.

Its role is upstream and selective:

• it decides who may enter the connection process when capacity is scarce;
• it does not decide how a project connects or under what technical constraints.

In legal terms:
Capacity auctions regulate access to the process; the connection regulation governs access to the grid.

6. Projects above 5 MW: the clearest proof that ATRs remain mandatory

Order 59/2013 already anticipates the auction-based regime.

For projects of 5 MW and above:

• the connection request must include the capacity allocation contract resulting from the auction;
• the ATR may be issued only after the applicant fulfils all payment and contractual obligations under that allocation contract.

This confirms a clear sequencing:

1. competitive allocation of capacity;
2. project-specific connection study;
3. issuance of the ATR;
4. connection contract and works.

If ATRs were meant to disappear, this structure would be legally incoherent. It is not.

7. Practical implications for developers and lenders

For developers

• Winning capacity in an auction is not the end of the process.
• The connection study remains the stage where technical reality is defined.
• Ignoring the ATR exposes projects to stranded-asset risk.

For lenders and investors

• No credible financing can rely solely on "allocated capacity".
• The ATR remains the only document that crystallises a legally enforceable grid access right.
• System-level studies are not security.

8. Conclusion: clarity over optimism

The introduction of competitive capacity allocation represents a major policy shift. It does not, however, rewrite the legal foundations of grid connection.

Capacity auctions do not eliminate the ATR or the connection study. They condition them.

Any interpretation to the contrary risks undermining project bankability, regulatory compliance and investor confidence. In a capital-intensive sector, legal certainty remains as critical as installed capacity.

How Grigorescu & Partners can assist

We advise developers, investors and lenders on ATR strategy, capacity auction risk, connection studies, grid reinforcement cost allocation, and bankability reviews for PV, wind and BESS projects - including transaction support (PPA/CfD, M&A) and administrative litigation where needed.

If you are bidding for capacity (or acquiring a project) and want a clean view on ATR sequencing, technical connection constraints and bankability risks, share a short summary of the asset and its current status.

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