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On 14 October 2026, the Department for the Economy (DfE) published a notice of intention in respect of the Renewable Energy Price Guarantee (REPG) scheme (the Notice of Intention). The REPG scheme is Northern Ireland's proposed renewable energy support scheme which is expected to provide long-term revenue support to eligible renewable electricity projects through a competitive allocation process. The scheme is intended to encourage investment in new renewable generation and support Northern Ireland's target of meeting at least 80% of electricity consumption from renewable sources by 2030.
What are the State aid requirements?
State aid refers to financial support provided by public authorities that may confer an economic advantage on certain businesses or sectors. Renewable energy support schemes such as the proposed REPG scheme are generally subject to State aid rules, including the requirement that the support has an "incentive effect" by influencing a developer's decision to proceed with a project.
Why has the DfE published the Notice of Intention?
Whilst the DfE published the Final Design Scheme for the REPG in September 2025, the scheme remains subject to the necessary State aid approvals and the implementation of the relevant statutory framework. As a result, developers are unable to apply for support before commencing project works, potentially impacting their ability to satisfy the State aid incentive effect requirements. The DfE has therefore published the Notice of Intention for the purposes of paragraph 31(b) of the European Commission’s Guidelines on State Aid for climate, environmental protection and energy 2022 (CEEAG). Under the CEEAG, aid may still be regarded as having an incentive effect where a relevant authority announces its intention to introduce a support scheme, subject to approval, before project works commence. The purpose of the Notice of Intention is to allow developers to progress eligible projects ahead of the REPG scheme becoming operational, while preserving their ability to demonstrate the requisite incentive effect for future REPG support.
What effect will this have on developers?
From 14 October 2026, the Notice of Intention allows developers to progress eligible renewable energy projects before the REPG scheme has been formally approved and implemented without automatically prejudicing their ability to seek support under the scheme in future. While a notification made pursuant to the Notice of Intention will help preserve potential eligibility, it does not guarantee support, which will remain subject to the scheme receiving the necessary approvals, compliance with the eligibility requirements and success in a future allocation process.
When does a notification need to be submitted?
Developers of projects that meet the proposed eligibility requirements for the first allocation round intending to rely on the Notice of Intention must inform the DfE, prior to the start of works, that the first allocation round was considered as a condition for the investment decision taken. Under article 2.4 (82) of the CEEAG, the “start of works” occurs when a developer makes the first binding commitment that renders an investment irreversible, such as ordering equipment or commencing construction. However, preparatory activities, including purchasing land, obtaining permits and carrying out feasibility studies, do not constitute the start of works.
Conclusion
The publication of the Notice of Intention provides an important opportunity for renewable energy developers to continue progressing projects ahead of the formal launch of the REPG scheme. While it does not guarantee eligibility for, or receipt of, support, it enables developers to take advantage of the CEEAG incentive effect provisions, provided the required notification is submitted to the DfE before the start of works. Developers should therefore carefully consider the timing of project activities and ensure compliance with the notice requirements if they wish to preserve the possibility of participating in the first REPG allocation round.
Developers intending to commence works on eligible projects, or to take steps to meet planning, grid connection or other project milestones ahead of the REPG scheme becoming operational, should ensure that a notification required under the Notice of Intention is submitted before the start of works. If you have any questions regarding the Notice of Intention, the notification process or the potential implications for your project, please contact Mark Stockdale, John Palmer, Nathan Moore or any member of our team.
Date published: 16 October 2026
