According to data from the Regulatory Authority for Network Industries, the share of electricity production from renewable sources – wind power plants in the conditions of the Slovak Republic for the calendar year 2016 in total electricity consumption was 19.99 %. Of this, wind energy had the lowest share of all sources with an annual amount of electricity produced of only approximately 6,000 MWh – two sources with a total installed capacity of 3.14 MW. In 2002, the usable potential of wind energy for Slovakia was set at 600 GWh.
In contrast, according to data from the European Wind Energy Association, the surrounding countries had connected wind resources with a total installed capacity of: Czech Republic – 217 MWh, Poland 1,616 MW, Austria – 1,084 MWh, Hungary – 329 MWh and Germany – 29,060 MWh.
Suitable locations for the use of wind energy are areas where the average annual wind speed at a measurement height of 10 m is at least 4.0 m/s. In Slovakia, we have approximately 4300 km2 of areas suitable for the construction of wind power plants. Suitable areas for the installation of wind power plants are located in mountainous areas and lowlands. Although a comprehensive map of the entire Slovakia has not been developed at present, specific data on weather conditions when determining the suitability of a given location can be provided by the Slovak Hydrometeorological Institute.
Directive of the Ministry of the Environment of the Slovak Republic of 21 April 2010 No. 3/2010 -4.1., which establishes standards and limits for the location of wind power plants and wind parks in the territory of the Slovak Republic (hereinafter referred to as "the Directive")Directive"), divides the territory of the Slovak Republic into three categories depending on the suitable potential for the location of wind power plants: (i) suitable areas, (ii) conditionally suitable areas and (iii) unsuitable areas. The construction of wind turbines is excluded in the territories of national parks and within the reach of the main migration routes and the occurrence of rare bird species. In addition to suitable wind conditions, the decisive factor for the construction of a wind farm is also the possibility of connection to the distribution network, non-interference in protected landscape areas and the fragmentation of the settlement of individual areas.
Construction of energy equipment
Before the construction of a wind power plant, the investor of the power plant is obliged to request an assessment of the proposed activity from the Ministry of the Environment of the Slovak Republic (Environmental Impact Assessment – EIA process). According to Annex No. 8 of the Act on Environmental Impact Assessment, wind power plants are subject to assessment without any limit.
Furthermore, according to Section 12 of the Energy Act, an electrical power facility may be built only on the basis of a certificate of construction of an electrical power facility (hereinafter referred to as the "certificate"). The certificate is the basis for zoning and construction proceedings as well as a document for an application for connection to the transmission system or distribution system. The necessity of the certificate, as well as for a permit to do business in the energy sector, is conditional on the total installed capacity exceeding 1 MW.
The certificate is issued by the Ministry of Economy of the Slovak Republic based on a positive opinion of the Slovak Electricity and Transmission System, as (hereinafter referred to as "SEPS"). The Ministry of Economy of the Slovak Republic will not issue a certificate to an applicant who does not provide a positive opinion of SEPS for their application.
SEPS opinion
As mentioned above, the Ministry of Economy of the Slovak Republic will issue certificates for the construction of energy facilities only on the basis of a positive opinion from SEPS. In the case of facilities with an output of over 1 MW, a positive opinion from URSO is also required.
The result of the large increase in installed capacity in connection with photovoltaic power plants was the position of SEPS as the transmission system operator and the entity responsible for maintaining a balanced balance between consumption and production of electricity in the Slovak Republic in real time. Based on the conclusions and recommendations of independent studies, its own analyses and assessments of the overall situation, in July 2010 it issued a statement that it would cease issuing positive opinions on applications for a certificate required for the construction of a facility for the production of electricity from solar energy or wind energy until the end of 2011.
The reason is that "the amount of installed capacity greatly exceeds the limit of installed capacity of sources with high production fluctuation, which was, according to SEPS as well as the recommendations of independent studies, absorbable by the electricity system of the Slovak Republic. According to SEPS, this situation could have reached a very serious state, because, especially in the summer period, it could have caused complex operating modes in the electricity system of the Slovak Republic from the point of view of its dispatching management, or ensuring a balanced balance between consumption and production of electricity in real time. In the summer period, it was necessary to expect maximum production of solar energy at the same time as the expected lowest load/consumption of electricity in the Slovak Republic in this period. Since the mandatory purchase of electricity produced from solar energy guaranteed by legislation is in force, regulation of the production of these sources is not possible and the balance of the technological mix of sources deployed in the electricity system of the Slovak Republic will probably result in a forced limitation of the deployment or production of other sources of electricity. Maintaining a balanced balance between electricity consumption and production in the Slovak Republic in real time would be extremely difficult, especially in the summer. Fluctuations in solar energy production must be regulated by other electricity source technologies, especially fossil sources. The situation also had to be significantly combined with the existing reality in already built and used electricity sources in the Slovak Republic. Surpluses in production in the summer are very difficult to export, because during this period there are high surpluses of installed capacity in all surrounding systems. Therefore, there would be a high probability of a forced reduction in the production of precisely those electricity sources that are necessary to regulate immediate changes and fluctuations in production caused mainly by the influence of solar energy. Distribution companies are then forced - in accordance with the applicable legislation - to preferentially purchase production from solar energy, which may result in the possibility of operating fossil, nuclear, and possibly even hydropower sources of electricity.".
In November 2012, SEPS issued a notice stating that “It is not possible to consider further construction of RES until the end of 2016, or until the period of further increase in transmission capacity on the Slovakia - Hungary profile. Also, until the period of further increase in transmission capacity on the Slovakia - Hungary profile, it should be very seriously considered what other sources of electricity than RES should be allowed to be built in the territory of the Slovak Republic, except for the already under construction units 3 and 4 of Mochoveci".
Conclusion
Few business areas have legislative conditions that change as frequently as renewable energy sources. The renewable electricity market, especially in the solar power sector, was a rapidly growing market with a short payback period in 2010 and the first half of 2011.
The situation in the energy sector and the area of renewable energy sources is largely dependent on the currently valid legislation (political decision-making) and has recently been significantly influenced by state interventions. The construction of new energy facilities using wind energy on a scale at least approaching that of surrounding countries is currently unfeasible, primarily due to the current negative opinion of SEPS and the subsequent impossibility of obtaining a certificate from the Ministry of Economy of the Slovak Republic.
JUDr. Matej Slezák