Clean energy

Small-scale hydroelectric power: a European ruling paves the way for renewals and investment

The Court of Justice of the European Union has resolved the issue of concessions: the modernisation of small power stations can now increase their generation capacity by 5–10 per cent, but this depends on the administrative decisions that still need to be taken

 Steve Quinlan - stock.adobe.com

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

Small hydroelectric power stations can generate more electricity using the water they already have available. Investments in turbines, generators and plant can lead to ‘increases in output of 5–10 per cent’, says Paolo Picco, president of Federidroelettrica, an association comprising 200 members and representing around 20 per cent of small-scale producers.

This prospect has arisen thanks to the Court of Justice of the European Union. Its judgement of 3 September ruled that the Bolkestein Directive does not apply to plants whose main activity is the generation of electricity, expressly including amongst these small hydroelectric plants (up to 3,000 kilowatts of average annual rated power), which therefore no longer need to be put out to tender.

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The issue of concessions had stymied investment in both sectors – small and large plants alike – because producers were unsure of the future of the plants they were operating. Now, however, the prospects are opening up for small-scale hydropower schemes, offering a clear investment outlook where it is possible to invest capital that will be recouped over time.

The northern regions account for over 80 per cent of production

Applying the growth figures estimated by Federidroelettrica to total generation (from both large and small schemes) could yield significant benefits in terms of output, particularly in the six northern regions analysed, which account for approximately 83.5 per cent of the country’s total hydroelectric generation. In Piedmont, production could increase by 889 GWh; the region currently produces around 8,888 GWh per year, and it is the only region for which estimates exist regarding the contribution of small-scale hydropower: ‘Over a third of production comes from small-scale plants,’ notes Picco. The two most significant regions, however, are Lombardy and Trentino-Alto Adige, where the calculations indicate an increase of up to 1,353 GWh per year for the former and 1,319 GWh per year for the latter (based on the 10 per cent scenario).

The figures on additional generation, as estimated by the association, are ‘figures that must be treated with methodological rigour’, as they are based on 2024, which was ‘a hydrologically favourable year’. In 2025, national hydroelectric generation fell by over 21 per cent due to ‘low rainfall’, and even the first eight months of 2026 – according to Terna’s figures – showed a 19 per cent decline compared with 2025. The sector is by its very nature variable, but “its scale remains significant” and makes the renewal of concessions and the improvement of plant efficiency “issues worth bringing to the table with the regions and the Ministry”, reiterates the president of Federidroelettrica.

Investments to make better use of available water

As for investment, “up until now, only routine maintenance was carried out – the bare minimum needed to reach the expiry date. Now, however, the timeframe within which an operator can plan is changing,” observes Picco. Replacing turbines and generators requires capital that must be recouped over time, and now that concessions ‘can last up to 30 years’, there is a ‘real payback period’.

Investing would mean first and foremost upgrading the turbines: many small-scale plants still use machinery designed thirty or forty years ago, which should be replaced with more efficient models to make better use of the available water. Then there would be new generators and transformers, digital control systems, work on intakes, pipelines and canals to reduce losses, and remote monitoring; the aim is ‘to get more out of the same water already allocated’, summarises Picco. A Teha-Enel study estimates that the modernisation of small and large diversions could be worth as much as 16 billion nationwide.

The legal case

As regards the legal proceedings that led to the recent ruling, it all began in Emilia-Romagna, when a regional law permitting the renewal of concessions for small water diversions (subject to specific conditions) was challenged before the Constitutional Court. The proceedings were suspended pending clarification from the Court of Justice of the European Union on the applicability of the Bolkestein Directive on competition, and the ruling of 3 September ruled out its application.

The effects of the ruling vary from region to region, given that the regions had previously taken action in a piecemeal fashion. According to lawyer Cesare Mainardis, a consultant for Federidroelettrica, ‘whilst some regions, such as Piedmont and Lombardy, had effectively suspended the renewal procedures for expired concessions, Friuli-Venezia Giulia had adopted legislation to grant renewals, but for limited periods, a provision whose legality is now in doubt. Veneto, on the other hand, had put the situation on hold until 2029, whilst only Valle d’Aosta had continued to issue thirty-year renewals. The Autonomous Province of Trento, following various regulatory changes, had decided to wait for the conclusion of the legal proceedings before granting renewals’.

A deadlock which has had “the effect of preventing investment aimed at upgrading, refurbishing or even carrying out exceptional maintenance on plants whose ownership is uncertain”, insists Mainardis. Clarification has now been provided (we are merely awaiting the Constitutional Court’s final ruling on the Emilia-Romagna case) and can be communicated to local authorities to get the sector moving again, starting with small power stations.

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