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HWW Hewelt Wojnowski Lindner i Wspólnicy

Aggregation and flexibility services for the distribution system operator

We help undertakings start aggregation or provide flexibility services for the distribution system operator (DSO). We prepare the entry application and the cooperation documentation.

This offer is prepared by the team of HWW Hewelt Wojnowski Lindner i Wspólnicy sp.k. The matter is led by Aleksandra Lindner, partner and adwokat (Polish advocate). Telephone: +48 22 100 42 24.

Request a quote +48 22 100 42 24
Fee
from 2 800 EUR net
Prices are net, in EUR. VAT depends on your status and place of establishment.

You can order this service directly, without a prior consultation. We confirm the scope and the fee before we start.

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A consultation is optional. To discuss your matter with a lawyer first, you can book a consultation. If you then order the work, its cost is credited against the project fee.

Before we start, we agree and confirm the scope and the fee. The price is indicative and does not constitute an offer within the meaning of the Polish Civil Code.

What it includes

  • We compare the standalone services of an active customer, generator or storage facility holder with services through an aggregator. The relevant provisions are Article 3(6e), (6f), (11k) and (13e) and Article 11zp of the Polish Energy Law (Prawo energetyczne).
  • We assess the need for entry in the list of aggregators and for a licence for energy trading or storage (Article 5b⁴(1); Article 32(1)(2)(a) and (1)(4) of the Energy Law).
  • We prepare the entry application and supplements (Article 5b⁴(2) and (9) of the Energy Law). We submit notifications of the start of aggregation, changes of data, termination or suspension of aggregation within 14 days of the event (Article 5b⁴(3) of the Energy Law).
  • We prepare a template aggregation agreement and information on the conditions offered (Article 5a¹(1), (3), (4) and (7) of the Energy Law).
  • We develop a procedure for notifying the operator and the supplier of the agreement and handle a change of aggregator (Article 5a¹(5) and (8) to (11) of the Energy Law).
  • We analyse the relevant DSO's grid code: the specification of services, technical requirements and the procurement procedure (Article 9g(4)(2c) and (2d), (5e), (5f), (6a) and (7a) of the Energy Law). We prepare comments on the draft grid code during consultations (Article 9g(2); Article 5b²(1) of the Energy Law). From 1 February 2027, an aggregator managing storage facilities of up to 50 kW or in prosumer micro-installations provides schedule data to the operators. The aggregator implements it in accordance with the grid code (Article 9ja(2) of the Energy Law; Article 8 of the Amending Act). From that date, an aggregator obtaining real-time data on the operation of these storage facilities passes it on to the operator on an ongoing basis, to the extent set out in the grid code (Article 9jd(1) of the Energy Law; Article 8 of the Amending Act). At the operator's request, the aggregator submits, within 21 days, a written statement on the scope and method of obtaining this data (Article 9jd(2) of the Energy Law). Failure to submit the statement on time, or a statement that is false or knowingly or negligently misleading, carries a penalty from PLN 10,000 to 15% of revenue for the previous tax year (Article 56(1)(19b) and 56(3)(1) of the Energy Law).
  • We coordinate aggregation with the capacity market for demand reduction and energy storage facilities (Article 5b²(2) of the Energy Law). We take into account the composition of units (Article 2(1)(4), (7) and (14) of the Capacity Market Act).
  • We assess the risk of a penalty for breach of the grid code, technical requirements and the obligations concerning schedule data. The relevant provisions are Article 56(1)(19) and (19a), 56(3)(1) and (3), and 56(3d) of the Energy Law. We represent the company in these proceedings before the President of the Energy Regulatory Office (URE) (Article 56(2) of the Energy Law).

What the price does not include

  • Licence proceedings, connection proceedings or an appeal to a court.
  • Design, technical tests, telemetry and ongoing settlements.
  • Handling of capacity market auctions, contractual disputes or tax advice.

What you receive

  • A recommendation of the choice of model: standalone or through an aggregator, with an assessment of entries and licences.
  • The entry application, supplements and notifications.
  • A template agreement setting out settlements, liability for failure to meet the conditions and the rules for ending the cooperation (Article 5a¹(3) of the Energy Law). Information on the conditions and a notification procedure.
  • An assessment of the DSO's grid code, issues for technical arrangements and comments on the draft if consultations are under way.
  • An assessment of the links with the capacity market and letters concerning the penalty if proceedings are pending.

Who this service is for

We advise aggregators, active customers, generators and storage facility holders.

Criteria for choosing counsel for aggregation (in Polish).

Please prepare

  • The business model, the participants and the start date.
  • A list of installations, capacities, metering points and operators.
  • Sale, distribution and aggregation agreements, and capacity market documents.
  • The DSO’s grid code or its draft, and correspondence with the operator and the President of URE with delivery dates.

Before drafting the agreement, we compare the list of installations and metering points with the technical documentation and the sale and distribution agreements.

When this service is not enough

Licences and a change of connection conditions require a separate engagement. Auctions are covered by the capacity market offer.

What the fee depends on

  • The number of companies, installations and DSOs.
  • The variants of agreements and cooperation.
  • The documentation, the links with the capacity market.
  • The stage of consultations or of proceedings concerning the penalty.

The final quotation depends on the client’s factual and legal situation; we present it once we know that situation, before work begins.

To discuss the matter with a lawyer first, you can book a consultation for PLN 600 net + VAT. If you then order the work, its cost is credited against the fee for this project.

The price is indicative and does not constitute an offer within the meaning of the Polish Civil Code.

Questions and answers

Does the holder of an energy storage facility need an aggregator?

Not always. Article 3(11k) of the Energy Law permits holders of storage facilities connected to distribution networks to provide flexibility services, with the exclusion of the coordinated 110 kV network. We check the connection point before choosing the model.

Can an aggregator operate after filing the application?

No. An aggregator may start its activity only after entry in the list (Article 5b⁴(1) of the Energy Law). The President of URE enters an aggregator within 14 days of the submission of the application (Article 5b⁴(4) of the Energy Law). The applicant supplements missing data within 7 days of delivery of the request (Article 5b⁴(9) of the Energy Law). We match the timing of the application to the readiness to start aggregation. The President of URE strikes off, ex officio, an aggregator which has not started aggregation within 6 months of entry (Article 5b⁴(7)(3) and 5b⁴(8) of the Energy Law).

No. An aggregation agreement does not require the consent of the supplier or of a transmission or distribution undertaking (Article 5a¹(2) of the Energy Law). The aggregator must, however, inform the operator and the supplier of the conclusion of the agreement (Article 5a¹(5) of the Energy Law). For each metering point an agreement may be concluded with only one aggregator (Article 5a¹(8) of the Energy Law). Before a new agreement we check the existing agreement for that point.

Act of 10 April 1997, the Energy Law (Prawo energetyczne), consolidated text: Journal of Laws of 2026, items 43, 516, 607, 900, 1347 and 1348:

  • Article 3(6e), (6f), (11k) and (13e); Article 11zp.
  • Article 5a¹(1) to (5) and (7) to (11); Article 5b²(1) and (2).
  • Article 5b⁴(1) to (4), (7)(3), (8) and (9).
  • Article 9g(2), (4)(2c) and (2d), (5e), (5f), (6a) and (7a); Article 9ja(2); Article 9jd(1) and (2).
  • Article 32(1)(2)(a) and (1)(4).
  • Article 56(1)(19), (19a) and (19b), 56(2), 56(3)(1) and (3), and 56(3d).

Amending Act: Act of 18 September 2026 amending the Energy Law and certain other acts (Journal of Laws of 2026, item 1348):

  • Article 8.

Act of 8 December 2017 on the capacity market (the Capacity Market Act), consolidated text: Journal of Laws of 2026, item 1400:

  • Article 2(1)(4), (7) and (14).

What we have done in this area

In 2025, for several investors planning energy storage facilities, HWW described how the transmission system operator’s tariff settles system charges for a storage facility. It also described whether storage facilities with a storage capacity of around 1 to 2 MWh can provide system services, including emergency reduction and increase of consumption. HWW also set out the conditions under which such storage facilities can enter capacity market auctions.

How to instruct us

  1. Please describe your activity in the form or call +48 22 100 42 24.
  2. We will reply by 17:00 on the next working day. In the quotation we will specify the companies, installations, agreements and proceedings covered by the engagement, the service period and the fee.
Company or private individual?
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How to start

You can order this service directly or book a consultation first. A consultation is not required to order the service.

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