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Order Itc/3353/2010, Of 28 December, By Which Establish Access As Of January 1, 2011 Tolls And Rates And Premiums Of The Facilities Of The Special Regime.

Original Language Title: Orden ITC/3353/2010, de 28 de diciembre, por la que se establecen los peajes de acceso a partir de 1 de enero de 2011 y las tarifas y primas de las instalaciones del régimen especial.

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TEXT

Law 17/2007, dated 4 July, amended Law 54/1997 of 27 November of the Electrical Sector to adapt it to the provisions of Directive 2003 /54/EC of 26 June 2003 of the European Parliament and of the Council on common rules for the internal market in electricity and repealing Directive 96 /92/EC.

Article 17.1 of the Law 54/1997, of 27 November, of the Electricity Sector, states that the Minister of Industry, Tourism and Trade, after the Agreement of the Government Delegation for Economic Affairs, will dictate the necessary provisions for the establishment of the tolls for access to the networks, which will be established on the basis of the costs of the regulated activities of the system that correspond, including between them the permanent costs and the costs of diversification and security of supply.

Royal Decree 1202/2010, of 24 September, establishing the deadlines for the revision of the tolls for access to the transmission and distribution networks of electrical energy, determines the periodicity so that the Minister of Industry, Tourism and Trade can carry out the revision of the tolls of access to the networks of transport and distribution of electrical energy, having in its article 2.1, in general its review with annual character.

The second transitional provision of Law 17/2007, of July 4, determines that the Minister of Industry, Tourism and Trade will establish the mechanism for the transfer of customers from the system to the tariff system of the last resort that corresponds to them.

Thus, in Royal Decree 485/2009 of April 3, the implementation of the supply of last resort in the electricity sector is regulated. Article 7 of the same royal decree sets out the methodology for calculating and reviewing the last resort's tariffs, in which the Minister of Industry, Tourism and Trade will dictate the provisions necessary for the establishment of these last resort tariffs by determining their structure in a manner consistent with the access tolls. For these purposes, the Minister of Industry, Tourism and Trade may review the structure of the low voltage access tolls to adapt them to the last resort rates and ensure their additivity.

Royal Decree-Law 6/2010 of 9 April 2010 on measures for the promotion and economic recovery and employment changes, in Article 21, to the additional twenty-first provision of Law 54/1997 of 27 November 1997 on the Electricity Sector, so that, as from 1 January 2013, access tolls will be sufficient to cover all the costs of regulated activities without the possibility of a former deficit arising, by fixing a timetable to that date with the upper limit each year of the revenue deficit in the liquidations of the regulated activities of the electrical sector. It also provides for the transfer of the deficit recovery rights to the Electricity System Deficit-Titling Fund and, in addition, Article 22 establishes the transitional deficit financing mechanism to the securitisation.

On the other hand, the additional provision of Royal Decree-Law 6/2009 of 30 April 2009, whereby certain measures are adopted in the energy sector and the social bond is approved establishes the extraction of generation in the island and extra-island regime.

In this order, the provisions of Article 2 of the aforementioned Royal Decree 1202/2010 of 24 September 2010 are developed, taking into account the provisions of Order ITC/1659/2009 of 22 June 2009, in which access tolls are concerned in order to comply with the additional twenty-first provision of Law 54/1997 of 27 November 1997, of the Electrical Sector, in the wording given by Article 21 of the aforementioned Royal Decree-Law 6/2010 of 9 April 2010 on the sufficiency of access tolls and revenue mismatches of regulated activities in the electricity sector.

Royal Decree 2819/1998, of 23 December, regulating the activities of transport and distribution of electric power and Royal Decree 325/2008 of 29 February, establishing the remuneration of the activity of transport of electrical energy for installations put into service from 1 January 2008, define the elements that integrate the transport networks and develop the remuneration regime applicable to them by establishing the methodology for the calculation and revision of the remuneration of the activity of electric energy transport.

For its part, the Royal Decree 222/2008 of 15 February, establishing the remuneration scheme for the activity of distribution of electrical energy, determines the way in which the remuneration of this activity is calculated and revised.

For all this, the costs are revised by this order and the tolls for access to the electricity transmission and distribution networks that the companies apply from 1 January 2011 are adjusted.

On the other hand, according to the provisions of Article 44.1 and the second transitional provision of Royal Decree 661/2007, of 25 May 2007, which regulates the activity of energy production in a special regime, the quarterly updates for the fourth quarter of 2010 and the first of 2011, of the tariffs and premiums for the facilities of the subgroups a.1.1 and a.1.2 (cogenerations using natural gas, diesel, fuel-oil or LPG), of the group c.2 (waste facilities) and of the hosts to the second transitional arrangement of the said royal decree are applicable. (cogeneration facilities for the treatment and reduction of waste).

The quarterly variations of the benchmark indices used for the update have been, an increase of 147.1 basis points for the CPI as of October 1 and a decrease of 12.8 basis points from January 1, an increase of 6.579 percent for the price of natural gas and an increase of 10.350 percent for the price of diesel, LPG and fuel oil as of October 1 and an additional decrease of 0.525 percent and 2.068 percent, respectively, as of January 1.

The annual updates of the remaining facilities in category (a) and (c) and of category (b) facilities in accordance with Article 44.1, as well as of the facilities under the sixth additional provision (installed capacity of more than 50 MW and not more than 100 MW) and the transitional provision (installations using cogeneration for the drying of the by-products of olive oil production) of the said Royal Decree 661/2007 of 25 May 2007, are to be carried out in the same way.

Annual changes in the benchmark indices used have been an increase in the CPI of 233.2 basis points and an increase in the price of coal of 26.29 percent.

Similarly, in accordance with the provisions of Article 12 of Royal Decree 1578/2008 of 26 September 2008, of remuneration for the production of electricity by photovoltaic solar technology for installations after the date of maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007, for that technology, the annual rate update for the PV installations entered in the Register of Preallocation of Pay in the corresponding calls for the year 2009 is appropriate.

It is necessary to incorporate the remuneration changes for the photovoltaic and wind technologies incorporated by Royal Decree 1565/2010, of 19 November, in which certain aspects relating to the activity of production of electrical energy are regulated and modified by Royal Decree 1614/2010, of December 7, by which certain aspects relating to the activity of production of electrical energy from thermoelectric and wind solar technologies are regulated and modified, respectively.

Finally, it is necessary to comply in this order with the provisions of the Additional Twenty-First Disposition of Law 54/1997, of 27 November, according to the wording given by Royal Decree-Law 14/2010 of 23 December, establishing urgent measures for the correction of the tariff deficit in the electricity sector.

According to the provisions of the 11th additional provision of Law 34/1998 of 7 October of the Hydrocarbons Sector, this order has been the subject of a report by the National Energy Commission. This report takes into account the arguments put forward in the proceedings of an evacuated hearing to the representatives of the Electricity Advisory Board.

By agreement of 27 December 2010, the Government's Delegation for Economic Affairs has authorised the Minister of Industry, Tourism and Trade to issue this order.

Under the agreement of the Government's Delegation for Economic Affairs, I have:

Article 1. Forecast of transport costs for 2011.

According to the provisions of Royal Decree 325/2008 of 29 February establishing the remuneration of the activity of transport of electrical energy for installations put into service from 1 January 2008 and Royal Decree 2819/1998 of 23 December 1998 on the activities of transport and distribution of electric energy remuneration for transport activity is established as a forecast of the remuneration of the transport activity for 2011, which is set out in the attached table:

Pay

(Thousands of Euros)

ELECTRIC NETWORK OF SPAIN, S.A.

1.299.545

IBERDROLA ELECTRICAL DISTRIBUTION, S.A.U.

22

GAS NATURAL FENOSA, S.A.

51.198

ENDESA, S.A. (peninsular)

32.353

HYDROTALABRICO ELECTRICAL DISTRIBUTION, S.A.

7.432

Total Peninsular

1.390.550

ENDESA, S.A. (extrapeninsular)

143,876

Total extrapeninsular

143,876

Total

1.534.426

Article 2. Review of the distribution costs for 2009 and 2010 and forecast the distribution and commercial management costs for 2011.

1. The final costs for 2009 for the distribution companies with more than 100,000 customers and FEVASA and SOLANAR, deducted the other revenues derived from the rights of the affected, hooks, verification and rental of measuring devices, including the incentive or penalty to the quality of the service are set out in the following amounts:

or business group

(Thousands of Euros)

IBERDROLA DISTRIBUTION ELECTRICAL, S.A.U. (****)

1.498.535

UNION FENOSA DISTRIBUTION, S.A.

704.218

HYDROTALABRIC ELECTRICAL DISTRIBUTION, S.A.

140.650

E.ON DISTRIBUTION, S.L. (*)

137.080

PENINSULAR ENDESA (**)

1.647,616

EXTRAPENINSULAR ENDESA

309.032

FEVASA (***)

189

solanar (***)

310

Total

4.437.630

(*) As a result of the integration of the distribution companies Electra del Nansa, S.L., and Electra Camijanes, S.L., in E. ON Distribution, S.L., and once the report has been seen with respect to the National Energy Commission, the remuneration of Electra del Nansa, S.L., and Electra Camijanes, S.L., corresponding to the second semester of 2009, amounting to 43,204 euros, is added to the remuneration corresponding to E. ON Distribution, S.L., for the year 2009.

(**) The incentive of quality of the extra-island Endesa is included in that of Endesa peninsular.

(***) According to Article 8.4 of the RD 222/2008 companies FEVASA and SOLANAR do not apply the incentives of quality and losses.

(****) According to the unique additional provision of Order ITC/1732/2010 of 28 June 2010 and as a result of the integration of the distribution company Enermuelas, S.L., in Iberdrola Distribution Electrica, S.A., the remuneration of Enermuelas, S.L., corresponding to the second half of 2009, amounting to 48,167 euros is added to the remuneration corresponding to Iberdrola Distribution Electrica, S.A.U.

2. The final costs for 2010 for the distribution companies with more than 100,000 customers and FEVASA and SOLANAR, deducted the other revenues derived from the rights of the affected, hooks, verification and rental of measuring devices, including the incentive or penalty to the quality of the service are set out in the following amounts:

or business group

(Thousands of Euros)

IBERDROLA DISTRIBUTION ELECTRICAL, S.A.U.

1.593.124

UNION FENOSA DISTRIBUTION, S.A.

753.030

HYDROTALABRIC ELECTRICAL DISTRIBUTION, S.A.

151,939

E.ON DISTRIBUTION, S.L. (*)

145.472

peninsular ENDESA (**)

1.734,739

ENDESA extrapeninsular

308.528

FEVASA (***)

324

solanar (***)

338

Total

4.687.494

(*) As a result of the integration of the distribution companies Electra del Nansa, S.L., and Electra Camijanes, S.L., in E. ON Distribution, S.L., the remuneration of Electra del Nansa, S.L., and Electra Camijanes, S.L., corresponding to 2010, amounting to 92,548 euros, is added to the remuneration corresponding to E. ON Distribution, S.L., for the year 2010.

(**) The incentive of quality of the extra-island Endesa is included in the one of Endesa peninsular

(***) According to Article 8.4 of the RD 222/2008 companies FEVASA and SOLANAR do not apply the incentives of quality and losses.

3. The provisional costs for 2011 for the distribution companies with more than 100,000 customers and FEVASA and SOLANAR, deducted the other income derived from the rights of the undertaking, hooks, verification and rental of measuring devices, including the incentive or penalty for the reduction of losses are set out in the following amounts:

or business group

(Thousands of Euros)

IBERDROLA DISTRIBUTION ELECTRICAL, S.A.U.

1.667.504

UNION FENOSA DISTRIBUTION, S.A.

806,754

HYDROTALABRIC ELECTRICAL DISTRIBUTION, S.A.

158,522

E.ON DISTRIBUTION, S.L. (*)

151,762

ENDESA (peninsular)

1.766.292

ENDESA (extrapeninsular)

309,700

FEVASA (**)

363

SOLAR (**)

340

Total

4.861.238

(*) As a result of the integration of the distribution companies Electra del Nansa, S.L., and Electra Camijanes, S.L., in E. ON Distribution, S.L., the remuneration of Electra del Nansa, S.L., and Electra Camijanes, S.L., is added to the remuneration corresponding to E. ON Distribution, S.L.

(**) According to Article 8.4 of the RD 222/2008 companies FEVASA and SOLANAR do not apply the incentives of quality and losses.

4. For distributors with less than 100 000 customers, the estimated cost of the remuneration for the distribution and commercial management activity shall be EUR 359,320,012 000 for the year 2011, according to the breakdown set out in Annex I.

5. At these distribution costs, 10,000 thousand euros will be incorporated as costs for plans to carry out the cleaning of the vegetation of the margins where the electrical lines of distribution, referred to in Article 10 of this order, are carried out.

6. The costs recognised for 2011 for the remuneration of the commercial management carried out by the distribution companies with more than 100,000 customers and FEVASA and SOLANAR, amount to EUR 226,591 thousand, broken down by distribution companies as set out in the attached table:

Enterprise or business group

Cost GCi2011
(Thousands of Euros)

IBERDROLA DISTRIBUTION ELECTRICA, S.A.U.

88,808

UNION FENOSA DISTRIBUTION, S.A.

30.721

HYDROTALABRIC ELECTRICAL DISTRIBUTION, S.A.

5,773

E.ON DISTRIBUTION, S.L.

4,973

ENDESA (peninsular)

81,899

ENDESA (extrapeninsular)

14,380

FEVASA

30

SOLANAR

7

Total

226.591

Article 3. Annuities of income mismatch for 2011.

1. Under the terms of the additional twenty-first provision of Law 54/1997 of 27 November 1997, of the Electricity Sector, and without prejudice to the annuities that correspond to the payment entitlements of the electricity system pending the entry into force of this order, the amounts intended to satisfy those duties are as follows:

Year 2008

mismatch

(Miles

2003 to 2005 (extrapeninsular)

47.914

2006 to 2008 (extrapeninsular)

117,639

Year 2005

311.661

Year 2006

174.563

Year 2007

100.923

327.466

Year 2009

257,385

deficit revenue mismatch forecast for 2009 (R. D-L 6/2010) to Euribor nov.

814,465

Year 2010

231,660

Year 2011

217.327

Total

2.601.003

For the purposes of its settlement and recovery, these costs shall be considered as costs of the regulated activities.

2. In accordance with paragraph 4 of the additional twenty-first provision, of Law 54/1997 of 27 November 1997, of the Electricity Sector, a revenue shortfall is provided for in the liquidations of the regulated activities in the electricity sector from 1 January to 31 December 2011, inclusive, amounting to EUR 3 billion.

Article 4. Forecast of the costs of management of the demand for interruptibility for 2011.

A consignment of EUR 522,000 000 is provided for in the service of management of the demand for interruptibility for consumers who acquire their energy in the production market regulated in Order ITC/2370/2007 of 26 July 2007, which regulates the service of management of the demand for interruptibility for consumers who acquire their energy in the production market.

Article 5. Costs with specific destinations.

1. The amount of the costs with specific destinations which, in accordance with Chapter II of Royal Decree 2017/1997 of 26 December 1997, must be met by direct consumers on the market and marketed by the contract for access to tariff, are established from 1 January 2011 at the following percentages:

Percentage
on rate
access

Costs:

Energy Commission Rate

0.185

and extrapenisland compensations

6,154

Operator

0.316

Diversification and security of supply costs:

Moratorium

0.422

2. part of the nuclear fuel cycle

0.001

Recorder to recover revenue shortfall in the settlement of regulated activities generated between 1 January 2005 and December 31, 2005

2,521

2. The percentages to be used for costs with specific destinations as set out in the previous paragraphs may be updated during 2011 at the time the access tolls are reviewed.

3. Without prejudice to the provisions of the preceding paragraph, the remuneration of the System Operator for the year 2011 shall be EUR 39,032 thousand. The National Energy Commission shall include in settlement 14 of 2010 the positive or negative differences between the amounts received by the System Operator for the application of the quotas set out in paragraph 1 and the quantities quoted.

4. The island and extra-island compensation for 2011 amounts to 1,552,355 thousand euros. 51% of this amount, EUR 791,701 thousand, will be financed from the General Budget of the State and the remaining 49%, EUR 760,654 thousand, from the access charges through the corresponding percentage referred to in paragraph 1.

The National Energy Commission will include in liquidation 14 of 2011 the difference, positive or negative, between the amounts received for the application of the quota set out in paragraph 1 and the amount of the island and extra-island compensation provided under the access charges for 2011. In any event, the deviations from the island and extra-island compensation that occur between the total amount provided for in the previous paragraph and the final amount that is approved in accordance with the provisions of Article 18 of Royal Decree 1747/2003, of 19 December 2003, which regulate the island and extra-island electrical systems, will be included in charge of the access fees and will have the consideration of permanent costs of the system, according to the Royal Decree-Law 6/2009 of April 30.

Article 6. Review of the remuneration of the operator of the Iberian Energy Market, Polo Español for 2011.

1. In accordance with Article 16.9 of the Law of the Electrical Sector, and in the additional provision fourth to Royal Decree 485/2009 of 3 April 2009, the overall amount established for the remuneration of the Operator of the Iberian Energy Market, Polo Español, S.A. and, at the time, for the OMI-Polo Español, S.A.U. once the activity of the Market Operator is segregated to this society, in compliance with Article 4. º of the International Convention, signed in Santiago de Compostela on October 1, 2004, published in the "Official Gazette of the State" of 22 May 2006 concerning the the creation of an Iberian Electricity Market between the Kingdom of Spain and the Portuguese Republic, in the wording made in Braga on 18 January 2008, published in the "Official Gazette of the State" on 11 December 2009, corresponding to the year 2011 will be of 13,625 thousand euros and will be financed from the prices charged to the market generators, both the ordinary regime and the special regime, that act in the area of the Iberian Electricity Market.

The difference, positive or negative, that occurs between the amount resulting from the collection of the generating subjects and the one set out in the previous paragraph will have the consideration of income or liquidable cost, and will be included in the process of liquidations of the National Energy Commission, in the liquidation that takes place in the month of March 2011.

2. The market-generating subjects of both the ordinary and special arrangements operating in the area of the Iberian Electricity Market shall pay the Market Operator for each of the net power plants or installed in the case of the special scheme exceeding 1MW a fixed monthly amount of EUR 16,21/MW of available power. Payments shall be made on a monthly basis from 1 January 2011. This amount may be revised during 2011 at the time when the access tolls are reviewed in accordance with the remuneration set out in paragraph 1.

For the calculation of the power available in 2011, the value of the availability coefficient applicable to the applicable regime and technology shall be applied to the net power or installed in the case of the special scheme for each installation, in accordance with the following table:

Combined Cycle

Eolica

Percentage availability

regime installations

87

+ anthracite

90

75

75

75

93

Pumping

73

Hydraulics

59

Hydraulic

29

Biomass

22

R.S. Industrialists

52

R.S. Urban

48

Solar

11

29

29

90

Fuel-diesel

26

Gas Refinery

22

Gas

39

3. For subjects selling and buying energy on the market, the market operator may, in whole or in part, make up for the monthly payment of the month to be paid by such persons or their representatives with the charges from the market not before the first day of charges after the third working day of the month n + 1. To this end, the subjects or their representatives must send to the Market Operator the data necessary for the billing, relating to the facilities of which they hold the ownership or to the ones they represent.

4. The market operator and the subjects referred to in paragraph 1, by mutual agreement, may establish a billing period other than the monthly one.

Article 7. Review of regulated tariffs and prices.

1. As of 1 January 2011, the prices of tolls for access to the transport and distribution networks defined in Royal Decree 1164/2001 of 26 October 2001, establishing rates of access to electricity transmission and distribution networks, and in Article 20 of Order ITC/1659/2009 of 22 June, establishing the mechanism for the transfer of customers from the market to the supply of electricity and the procedure for the calculation and structure of the tariffs for the last resort of electric power, in the values set out in the Order, are maintained. ITC/3519/2009, of 28 December, for which access tolls are revised from 1 January 2010 and the fees and premiums of the special scheme and in Order ITC/1732/2010 of 28 June 2010, for which access tolls are revised from 1 July 2010 and the fees and premiums for certain installations of the special scheme, respectively.

2. In accordance with the provisions of Article 44.1 and the second transitional provision of Royal Decree 661/2007 of 25 May 2007 regulating the production of electrical energy by special scheme, the quarterly updates for the fourth quarter of 2010 and the first quarter of 2011, of the tariffs and premiums, of the facilities of the sub-groups a.1.1 and a.1.2 of the group c.2 and of the installations covered by the second transitional provision are applicable. In Annex II to this order, the tariffs and premiums laid down for the said installations for the two quarters mentioned above are set out.

3. In accordance with Article 44.1 and the transitional provision of Royal Decree 661/2007 of 25 May 2007, which regulates the activity of the production of electrical energy by special scheme, the annual update of the tariffs, premiums and, where applicable, upper and lower limits, for their implementation from 1 January 2011, of the facilities of the sub-groups a.1.3 and a.1.4 of the group a.2, of the facilities of category (b), of the facilities of the transitional arrangement tenth and of the installations of the groups c.1, c.3 and c.4, is to be applied. Paragraphs 1 to 4 of Annex III to this order include the tariffs, premiums and, where applicable, upper and lower limits, which are fixed for the said installations.

4. In accordance with the provisions of paragraph 2 of the additional provision sixth to Royal Decree 661/2007 of 25 May 2007, the annual update of the premium for installed power plants of greater than 50 MW and not more than 100 MW covered by paragraph 2 of that additional provision is made, taking as a reference the increase in the CPI, which is fixed at EUR 2,5776 c€/kWh, for its implementation as from 1 January 2011.

Likewise, in accordance with the provisions of paragraph 3 of the sixth provision of the aforementioned royal decree, the annual update of the premium of installed power plants of greater than 50 MW and not more than 100 MW under paragraph 3 of that additional provision is carried out, with the same increase as those applicable to installations of category a.1.1, with a fixed amount of EUR 2,8808 c€/kWh, for its implementation as from 1 January 2011.

5. The value of the complement for reactive energy is revised, being set at 8,4681 c€/kWh, for its application as from 1 January 2011, in the terms set out in Article 29.1 of Royal Decree 661/2007 of 25 May 2007.

Also, according to the provisions of the additional seventh provision of the aforementioned royal decree, the value of the complement for continuity of supply in front of voltage gaps is revised, being fixed at 0.4104 c€/kWh, for its application from 1 January 2011.

6. In accordance with Article 12 of Royal Decree 1578/2008 of 26 September 2008, the annual rate update for photovoltaic installations entered in the Register of Preallocation of Pay in the calls for the year 2009 is carried out, in the same way as the facilities of the sub-group b.1.1, which were received by Royal Decree 661/2007 of 25 May 2007. In paragraph 5 of Annex III to this order, the rates set for the said installations are set out for their implementation from 1 January 2011.

7. The coefficients for the calculation of the transport and distribution losses, homogeneous for each supply and/or access tariff, to transfer the energy supplied to the consumers at the rate of last resort and to the consumers on the market in their counters to energy supplied in bars of central, to the effects of the liquidations provided for in the Royal Decree 2017/1997, of December 26 and in the Royal Decree 2019/1997, of December 26, for 2010 are those contained in Annex IV of this order.

Article 8. Plans to perform the cleaning of the vegetation of the margins where distribution power lines run.

According to Article 48.2 of Law 54/1997, of 27 November, of the Electrical Sector, and its development regulations, it is included in this order, within the recognized costs for the remuneration of the distribution, a specific item that will not be able to exceed the 10,000 thousand euros in order to carry out plans of cleaning of the vegetation of the margins where electric lines of distribution are running.

This amount will be distributed among the companies distributed by the Ministry of Energy State Secretariat of the Ministry of Industry, Tourism and Trade with objective character and will be liquidated after verification of the realization of the plans of each company.

The National Energy Commission will open a deposit account for these purposes and will communicate it with a circular published in the "Official State Gazette", where the party that corresponds to this purpose will be entered in each settlement. This account will be paid to the distribution companies after authorization from the General Directorate of Energy Policy and Mines after the plans have been made.

Additional disposition first. Closure of surplus balances of certain accounts opened by the National Energy Commission on deposits.

The balances of the deposit account opened by the National Energy Commission for the implementation of quality improvement plans for service with charge of the 2006 tariff, corresponding to the pending settlements of works included in Plans approved that at 31 March 2010 have not presented to the Directorate General of Energy Policy and Mines the certification of the performance of the work and its corresponding start-up act, will be incorporated as revenue of regulated activities corresponding to the year 2011.

Additional provision second. Application of the Interruptibility Demand Management service.

For the purpose of verifying the effective functioning of the service of management of the demand for interruptibility regulated in Order ITC/2370/2007 of 26 July 2007, for which this service is regulated for consumers who acquire their energy in the production market, the System Operator will randomly apply that service in 1% of the hours of the year in which it provides for the greatest demand of the system. In such cases the chosen sample of service providers shall represent at least a percentage reduction of the active power demanded of 5 percent over the reduction set of the active power contracted for the service provider set.

The compliance requirements and the impact of the service providers ' failure to comply with these power reduction orders will be those set out in Articles 7 and 8 of ITC/2370/2007 of 26 July 2007, which regulates the service of demand management of interruptibility for consumers who acquire their energy in the production market.

Additional provision third. Remuneration reviews for the years 2009 and 2010 of several electricity distribution companies of less than 100,000 customers.

1. According to the report "Proposal for the revision of the 2009 and 2010 remuneration, inspections of distributors with less than 100,000 customers" of the National Energy Commission, as a result of the inspection carried out by the Commission to the electricity distribution companies of less than 100,000 customers Central Eléctrica Sestelo and Cia., S.A., Union of Distributors of Electricity, S.A. (Udesa) and Eléctrica del Pozo, S. Coop. Madrid, the definitive accredited cost of the remuneration for the distribution and commercial management activity in compliance with the provisions of Article 8 (1) of Royal Decree 222/2008 of 15 February 2009 shall be for the year 2009 of EUR 9,355,063 and for the year 2010 of EUR 9,462,452 according to the breakdown in the table below:

Distributor Company

Retribution 2009
-
Euros

Pay 2010
-
Euros

R1-022

CENTRAL ELECTRIC SESTELO AND CIA, S.A.

5.184.216

5.306.828

R1-042

UNION OF ELECTRICITY DISTRIBUTORS, S.A. (UDESA)

3.760.286

3.746,952

R1-203

WELL ELECTRIC, S. COOP. MADRID

410.561

408,672

Total

9.355.063

9.462.452

2. According to the National Energy Commission in the " Report on the Application for Popular Power, S. Coop. Mad., in order to review its remuneration for the years 2009 and 2010 ", the definitive accredited cost of the remuneration of the distribution and commercial management activity in compliance with the provisions of Article 8 (1) of Royal Decree 222/2008, of 15 February, shall be for the years 2009 and 2010, as follows:

Distributor Company

Retribution 2009
-
Euros

Pay 2010
-
Euros

R1-317

POPULAR ELECTRIC, S. COOP. MAD

322,635

321.247

3. According to the National Energy Commission in the "Report on the request of Vargas and Company Electroharinera San Ramón, S.A. to review its remuneration for the year 2010", the definitive accredited cost of the remuneration of the activity of distribution and commercial management in compliance with the provisions of Article 8 (1) of the Royal Decree 222/2008, of February 15, will be for the year 2010 of:

Distributor Company

Retribution 2010
-
Euros

R1-203

VARGAS AND COMPANY ELECTROHARINERA SAN RAMON, S.A.

444.490

4. As a result of the integration in Hidroflamicell, S.L. of the company Distribuidora Eléctrica Vila i Vall de Castelbo, S.L., and once the report has been seen with regard to the National Energy Commission, the remuneration of the company Distribuidora Eléctrica Vila i Vall de Castelbo, S.L., corresponding to the year 2010, amounting to 321,303 euros, is added to the remuneration corresponding to Hidroflamicell, S.L., for that year 2010, which will become:

Distributor Company

Retribution 2010
-
Euros

R1-304

HYDROFLAMYL, S.L.

740,078

Additional provision fourth. Unit price for the financing of payments for capacity.

Unit prices for the financing of the capacity payments regulated in Annex III of Order ITC/2794/2007 of 27 September 2007, for which electricity charges are revised from 1 October 2007, applicable for energy acquired by customers, depending on the differentiation of tariff periods for access tolls, on 1 January 2011 take the following values expressed in euro/kWh:

2.0 A (Pc ≤ 10 kWh)

2.1 DHA (10 < Pc ≤ 15 kWh)

3.1 A (1 kV to 36 kV)

6.3 (72.5 kV to 145 kV)

Peages

Unit Price for Financing of Payments by Capacity
Euro/kWh (b.c.)

P1

P2

P3

P4

P5

P6

voltage:

0.009812

2.0 DHA (Pc ≤ 10 kWh)

0.001706

2.1 A (10 < Pc ≤ 15 kWh)

0.009812

0.010110

0.001706

A (Pc > 15 kWh)

0.009122

0.000122

High voltage:

0.013630

0.000000

6.1 (1 kV to 36 kV)

0.013630

0.006291

0.004193

0.003145

0.003145

0.000000

6.2 (36 kV to 72.5 kV)

0.013630

0.006291

0.004193

0.003145

0.000000

0.013630

0.006291

0.004193

0.003145

0.003145

0.000000

6.4 (Greater than or equal to 145 kV)

0.013630

0.006291

0.004193

0.003145

0.003145

0.000000

Additional provision fifth. Communication of membership of a special regime facility pool.

1. For the purposes of the fourth subparagraph of Article 18 (d) of Royal Decree 661/2007, of 25 May 2007, production facilities forming part of a grouping to which the requirement for the control of generation or transmission of telematic equipment to the operator of the system is applicable shall be informed of such an obligation, by notification, by the distribution or transport undertaking holding the line or the common processor to which they are connected.

Such notification shall be made within a maximum period of two months from the date of subscription of the technical contract with the distribution or transport undertaking, as appropriate.

2. For installations which, at the date of entry into force of this order, are already under contract, the notification referred to in the preceding paragraph shall be made before 1 April 2011.

Additional provision sixth. Zonal loss coefficients for the calculation of the incentive or penalty for the reduction of losses of the distribution companies.

According to Article 5 of the Order ITC/2524/2009 of 8 September, which regulates the method of calculating the incentive or penalty for the reduction of losses to be applied to the remuneration of the distribution for each of the electricity distribution companies and once the proposal made by the National Energy Commission in its report called "Proposal of values for the coefficients of zonal losses to be used in the calculation of the incentive of loss reduction of the distribution companies", the coefficients of Zonal losses for peak periods and valley will be those collected in the following table:

Company/Zone

Coefficient
of losses
for tip
(verano11-21 h)
(winter 12-22 h)

Coefficient
of losses
for valley
(summer 0-11 h
and 21-24 h)
(winter 0-12 h
and 22-24 h)

endesa electrical distribution, S.L.

0.99622557

0.99590615

E.ON DISTRIBUTION, S.L.

1.00512669

1.00639551

UNION FENOSA DISTRIBUTION, S.A.

1,00139350

1,00103264

HYDROTALABRIC ELECTRICAL DISTRIBUTION, S.A.

1,00830326

1,00807960

IBERDROLA ELECTRICAL DISTRIBUTION, S.A.U.

1.00212089

1.00236759

Additional provision seventh. Settlement of the review of the distribution costs for 2009 and 2010.

The cost allocations to the review of the distribution costs for 2009 and 2010 as set out in Article 2.1 and 2. of this Order, shall be settled in the settlements of the regulated activities of the year 2010.

The cost allocations to the review of the distribution costs for 2009 and 2010 as set out in Article 2.1 and 2 of this Order shall be settled in the settlement of the regulated activities of the year 2010.

First transient disposition. Use of consumer profiles.

Those supplies that since the entry into force of Royal Decree 1110/2007, of August 24, by which the unified regulation of points of measurement of the electrical system is approved, have changed their classification of type of measurement point from being points of measure type 4 to being of points of measure type 3, and that they do not have record of consumption time, they will be able to use profiles of consumption for the liquidation of the energy until the moment in which they replace the equipment of measure in order to adapt it to the Royal Decree 1110/2007, of August 24.

Second transient disposition. Consumers who, without having the right to avail themselves of the last resort fee, are temporarily lacking a supply contract in force with a marketer and continue to consume electricity.

1. Consumers connected in high voltage as at 31 December 2010 are being supplied by a marketer of last resort and on 1 January 2011 lack of a supply contract on the free market, provided that they are not included in the derogation provided for in Article 3.3 of Royal Decree 485/2009 of 3 April 2009, may continue to be provided by that marketer of last resort until 31 December 2011.

The price to be paid by these customers for the electricity consumed to the marketer of last resort during this period will be the one corresponding to the application of the billing of the rate of last resort, TUR without application of the modality of the time discrimination, increased its terms by 20 percent.

2. Consumers connected in low tension without the right to a last resort tariff which at 30 September 2011 are being supplied by a trader of last resort and on 1 October 2011 lack of a supply contract on the free market, provided that they are not included in the derogation provided for in Article 3.3 of Royal Decree 485/2009 of 3 April 2009, may continue to be supplied by that marketer of last resort until 31 December 2011.

The price to be paid by these customers for the electricity consumed to the marketer of last resort during this period will be the one corresponding to the application of the billing of the rate of last resort, TUR without application of the modality of the time discrimination, increased its terms by 20 percent.

3. If, on 1 January 2012, the consumers referred to in the preceding paragraphs have failed to contract their supply on the free market, the contract between the consumer and the marketer of last resort shall be deemed to have been terminated for the purposes laid down in Article 86.2 of Royal Decree 1955/2000 of 1 December 2000 governing the transport, distribution, marketing, supply and authorisation procedures of electrical energy installations.

The provisions of Article 21.3 of Order ITC/1659/2009 of 22 June establishing the mechanism for the transfer of customers from the market to the supply of the last electricity resource and the procedure for the calculation and structure of the tariffs for the last resort of electricity are also applicable.

Single repeal provision. Regulatory repeal.

How many provisions of equal or lower rank are repealed with the provisions of this order.

Single end disposition. Entry into force.

This order shall enter into force on 1 January 2011.

Madrid, December 28, 2010. -Minister of Industry, Tourism and Trade, Miguel Sebastian Gascón.

ANNEX I

Remuneration for the year 2011 of distribution companies with less than 100,000 customers

Distributor Company

Retribution
2011
-
Euros

R1-014

AGRI-ELECTRICAL ENERGY, SA.

7.256.666

R1-015

BASSOLS ENERGY, S.A.

12.405.818

R1-016

CALDENSE, S.A.

4.779.365

R1-017

ELECTRICAL FROM MAESTRAZGO, S.A.

5.559,749

R1-018

ANELL AND PAHISA ENERGY, S.A.

20.095,639

R1-019

EBRO ELECTRIC, S.A.

3.820.732

R1-020

ELECTRICAL PRODUCER URGELENSE, S.A. (PEUSA).

4.255.924

R1-021

ELECTRICITY SUPPLY FROM CADIZ, S.A.

22.285.465

R1-022

CENTRAL ELECTRIC SELELO AND CIA, S.A.

5.326.994

R1-023

HYDROELECTRIC DEL GUADIELA I, S.A.

4.129.239

R1-024

ALBALENSE ELECTRIC COOPERATIVE, S.A.

131,946

R1-025

LIVESTOCK INDUSTRIES OF THE PEDROCHES, S.A.

5.844.215

R1-026

ENERGIES OF ARAGON I, S. L. UNSTAFF.

4.319.109

R1-027

GAS AND ELECTRICITY COMPANY, S.A.

9.764.999

R1-028

MEDINA GARVEY ELECTRICITY, S.L.U.

7.576,926

R1-029

ELECTRIC DISTRIBUTOR OF THE SIL, S.L.

2.833.114

R1-030

ELECTRIC LIGHTING COMPANY OF CEUTA DISTRIBUTION, S.A.U.

9.948.893

R1-031

ENREIQUE GARCÍA SERRANO READ ENERGY DISTRIBUTION. S. L.

256.346

R1-032

REPSOL ELECTRIC DE DIDTRIBUCIÓN, S.L.

3.090.440

R1-033

S. C. V. LTDA. B. OF CONS. OF ELECT. "SAN FRANCISCO DE ASIS" BY CREVELLENTE.

4.759.433

R1-034

ELECTRICITY FROM PUERTO REAL, S.A. (EPRESA).

3.470,000

R1-035

SLU DISTRIBUTION WEST ELECTRICAL.

8.719,675

R1-036

ELECTRICAL DISTRIBUTOR, S.A.

4.368.925

R1-037

.

2.689.748

R1-038

ELECTRIC SEROSENSE DISTRIBUTOR, S.L.

3,421,505

R1-039

HYDROELECTRIC DE LARACHA, S.L.

2.301.123

R1-040

ELECTRICAL SOCIETY OF TUY, S.A.

2.969.361

R1-041

ENBY ALTO MINO, S.A.

2.794,710

R1-042

UNION OF ELECTRICITY DISTRIBUTORS, S.A. (UDESA).

3.952.948

R1-043

ANSELMO LEON DISTRIBUTION, S.L.

4.766.024

R1-044

COUNTY ELECTRICITY COMPANY, S.A.

4.100.029

R1-045

AUTOL, S.A.

1.413,876

R1-046

TENTUDIA ELECTRICAL DISTRIBUTOR. S.L.U.

2.015.845

R1-047

FELIX GONZALEZ, S.A.

3.769.556

R1-048

THE ELECTRICAL DISTRIBUTION, S.L.

1.328.439

R1-049

ELECTRIC PITARCH DISTRIBUTION SLU.

7.936,495

R1-050

CHILDREN OF JACINTO GUILLEN DISTRIBUIDORA ELECTRICA, S.L.U.

2.912.138

R1-051

JUAN DE FRUITS GARCIA, S.L.

1.310.705

R1-052

LERSA ELECTRICITAT, S.L.

1.679.317

R1-053

DIELESUR, S.L.

2.696.180

R1-054

ENERGY DE MIAJADAS, S.A.

2.550.328

R1-055

BARBASTRO ELECTRICITY, S.A.

2.229.374

R1-056

VALL DE SOLLER ENERGY S.L. U (EL GAS, S.A.).

3.020.336

R1-057

ROMERO CANDAU, S.L.

1,988,215

R1-058

HYDROELECTRIC DE SILLEDA, S.L.

2.153.563

R1-059

RURAL ELECTRIFICATION GROUP S. COOP R. L.

2.458.876

R1-060

SPECIAL SUPPLIES ALGINETENSES, S. COOP. V.

2.185.215

R1-061

ONARGI, S.L.

1.295.358

R1-062

SUPPLY OF LIGHT AND FORCE, S.L.

3.400.781

R1-063

CATRALENSE CHARITY ELECTRIC COOPERATIVE, COOP. V.

903,711

R1-064

CARBAYIN, S.A.

1.112.381

R1-065

GUIXES, S.L.

622.284

R1-066

ELECTRIC COWBOY.

840,732

R1-067

KNIGHT REBOLLO BROTHERS, S.L.

166.315

R1-068

ELECTRIFICATION COMPANY, S.L.

681.221

R1-069

MELON ELECTRICAL DISTRIBUTOR, S.L.

310.984

R1-070

CABALAR, S.L.

376,985

R1-071

GAYOSO, S.L.

568.767

R1-072

FROM NARAHIO, S.A.

1.177.266

R1-073

BARCIADEMERA, S.L.

46,633

R1-074

CABAÑAS ELECTRICA, S.L.

241.522

R1-075

GRES ELECTRICA, S.L.

183.780

R1-076

ELECTRICAL AGENT, S.L.

1.699.829

R1-077

ELECTRIC CORvera, S.L.

1,065,741

R1-078

ELECTRIC FUCINOS RIVAS, S.L.

848,792

R1-079

ELECTRIC MILLS, S.L.

1.401.522

R1-080

HYDROELECTRIC DEL ARNEGO, S.L.

385,556

R1-081

SAN MIGUEL 2000 DISTRIBUTION, S.L.S.U.

608,941

R1-082

SUCCESSORS OF MANUEL LEIRA, S.L.

374.386

R1-083

BERRUZA, S.A.

1.083.359

R1-084

BLÁZQUEZ, S.L.

515.357

R1-085

CENTRAL ICA MITJANS, S.L.

185.957

R1-086

CENTRAL ICA SAN FRANCISCO, S.L.

671,608

R1-087

ELECTRICAL DISTRIBUTION LAS MERCEDES, S.L.

726.398

R1-088

ELECTRIC DE CANILES, S.L.

418.466

R1-089

ELECTRICAL DISTRIBUTOR OF RELEU S.L.

496.246

R1-090

ADURIZ SA.

3.378.272

R1-091

AVELLANA, S.L.

862.387

R1-092

CASTILEJENSE, S.A.

595.134

R1-093

ELECTRICITY DISTRIBUTOR LARRANAGA, S.L.

35,092

R1-094

SAN CRISTOBAL, S.L.

473,948

R1-095

ELECTRICAL BELABANA, S.A.

497.443

R1-096

ELECTRICAL THE VICTORY OF FUENHOT, S.A.

269,719

R1-097

ELECTRIC PELAYOS, S.A.

534.414

R1-098

ICA NTRA. SRA. DE LOS REMEDIA, S.L.

1.209.261

R1-099

ELECTRICITAT LA AURORA, S.L.

580.502

R1-100

ALMODOVAR DISTRIBUTION, S.A.

1.046.808

R1-101

IBM OR MOLINERA DE VALMADRIGAL, S.L.

1.543,995

R1-102

ELECTRICITY COMPANY SAN JOSE, S.A.

520.713

R1-103

SAN CIPRIANO DE RUEDA HYDROELECTRIC, S.L.

367.413

R1-104

CHILLA VIRGIN HYDROELECTRIC, S.L.

1.335.067

R1-105

THE ERNESTINA, S.A.

756,747

R1-106

DIELENOR, S.L.

1.460.840

R1-107

BAGES ELECTRIC ENERGY DISTRIBUTOR.

1.468.711

R1-108

ALCOMER ENERGY, S.L.U.

928,630

R1-109

INCATTLE VILLARALTO, S.L.

211.864

R1-110

GRACE UNZUETA HIDALGO E CHILDREN, S.L.

229.666

R1-111

AURORA GINER REIG, S.L.

79.511

R1-112

ARDALES ELECTRICAL DISTRIBUTOR, S.L.

443.243

R1-113

SIERRA magina, S.L.

457.237

R1-114

ELECTRIC BROTHERS CASTRO RODRIGUEZ, S.L.

353.009

R1-115

HYDROELECTRIC VEGA, S.A.

1.772.990

R1-116

CHILD OF JORGE MARTIN, S.A.

255.157

R1-117

JOSÉ RIPOLL ALBELL, S.L.

302.325

R1-118

JOSEFA GIL COSTA, S.L.

33,947

R1-119

LEANDRO PEREZ ALFONSO, S.L.

678.322

R1-120

ELECTRIC DISTRIBUTION COMPANY OF ELORRIO, S.A.

222.905

R1-121

NTRA ELECTRIC COMPANY. SRA. DE LOS DESTITUTE, S. L.

1,088,833

R1-122

GAUCIN ELECTRICAL DISTRIBUTOR, S.L.

603,968

R1-123

ALVARO BENITO, S.L.

146.974

R1-124

ICA CAMPOSUR, S.L.

233,673

R1-125

ELECTRIC FROM ERISE, S.L.

113.132

R1-126

ELECTRICITY HIJATE, S.L.

209.473

R1-127

JUAN N. DÍAZ GALVEZ Y BROTHERS, S.L.

888.409

R1-128

CHERA, S.C.V.

116.249

R1-129

HYDROELECTRIC GOMEZ, S.L.U.

198.173

R1-130

HYDROELECTRIC DE ALARAZ, S.L.

159.076

R1-131

ISMAEL BIOSCA, S.L.

701.573

R1-132

ICA SAN SERVAN, S.L.

492,515

R1-133

HYDROELECTRIC EL CARMEN, S.L.

2.129.320

R1-134

567.370

R1-135

178,948

R1-136

ELECTRIC SAN GREGORIO, S.L.

106,898

R1-137

HEIRS TO GARCIA BAZ, S.L.

116.908

R1-138

ELECTRICITY SIERRO, S.L.

56.009

R1-139

ELECTRICITY DISTRIBUTOR MARTOS MARIN, S.L.

250.132

R1-140

ELECTRIC DISTRIBUTOR CARRION, S.L.

448.440

R1-141

HELIODORA GOMEZ, S.A.

219.670

R1-142

LUIS RANGEL Y HNOS, S.A.

688,259

R1-143

SERVICIANO GARCIA, S.A.

1.380.435

R1-144

HYDROELECTRIC OUR LADY OF THE SOLITUDE OF TENDILLA AND LUPIANA, S.L.

146.087

R1-145

SECURE CALLOSE ELECTRICAL, S.V. L.

1.656.692

R1-146

JOSE FERRE SECURE AND CHILDREN, S.R.L.

1.384,400

R1-147

JOSE ANTONIO MARTINEZ, S.L.

124.313

R1-148

ELECTRICITY PASTOR, S.L.

645.272

R1-149

CHILDREN OF FELIPE GARCÍA ALVAREZ, S.L.

117.594

R1-150

CASTELLAR ELECTRICAL COOPERATIVE, S.C.V.

606,935

R1-151

ALBATERENSE ELECTRIC COOPERATIVE, COOP.V.

1.159.182

R1-152

MELIANA ELECTRIC, VALENCIAN COOPERATIVE SOCIETY.

426.552

R1-153

CAMPRODON S.C.C.L. POPULAR ELECTRIC FLUID COOPERATIVE.

325.996

R1-154

ALGIMIA ELECTRIC FROM ALBARA, S.C.V.

139,070

R1-155

VINALESA, S.C.V.

351,998

R1-156

DURRO SLU.

56,579

R1-157

GUADALASAR ELECTRICAL, SDAD. COOP. V.

1.090.142

R1-158

COOP. CHERA SOT.

128.593

R1-159

ICA NTRA. SRA. FROM GRACE, SDAD. COOP VALENCIANA.

1.276.862

R1-160

FORCE AND ALUB ELECTRODISTRIBUTOR. CASABLANCA S.C.V.

186.196

R1-161

ELECTRICAL POWER OF MUSEROS, S. C. VALENCIANA.

291,462

R1-162

DELGICHI, S.L.

45.459

R1-163

DIELEC GUERRERO LORENTE, S.L.

87,186

R1-164

SANTA ANA SL VALLEY ELECTRICAL DISTRIBUTION.

116.361

R1-165

TORREHERTO ELECTRIC FARM, S.L.

378.590

R1-166

ELECTRIC SANTA CLARA, S.L.

395,641

R1-167

MARTÍN SILVA POZO, S.L.

534,455

R1-168

HYDROELECTRIC SAN BUENAVENTURA, S.L.

274.254

R1-169

HYDROELECTRIC SANTA TERESA, S.L.

66,557

R1-170

CHILDREN OF CASIANO SÁNCHEZ, S.L.

61,630

R1-171

ELECTRICAL SOCIETY JEREZ DEL MARQUESADO S.A.

176.625

R1-172

ELECTRICAL SUPPLIES FROM AMIEVA, S.L.

112.799

R1-173

HYDROELECTRIC DOMÍNGUEZ, S.L.

64.003

R1-174

CONSOLE, S.L.U.

3.041,990

R1-175

ELECTRICAL DISTRIBUTIONS PORTILLO, S.L.

1.259.756

R1-176

ELECTRICAL DE JAFRE, S.A.

747,721

R1-177

ELECTRICA LOS LAURELES, S.L.

319.202

R1-178

ELECTRIC SAN JOSE LABORER, S.L.

176.137

R1-179

ENERGY ACTIVITIES ESA, S.A.

546.209

R1-180

C. MARCIAL CHACON E SONS, S.L.

1.465.501

R1-181

ELECTRIC MORO BENITO, S.L.

127.194

R1-182

SOURCES AND COMPANY, S.L.

997.432

R1-183

EBO ' S VALL ELECTRIC, S.L.

53,466

R1-184

ANTOLINA RUIZ RUIZ, S.L.U.

32,983

R1-185

NORTHWEST ELECTRICAL ENERGY DISTRIBUTIONS, S.L.

46,930

R1-186

ZAS, S.L.

263,704

R1-187

CABRERA HYDROELECTRIC, SL.

269,945

R1-188

ELECTRICITY LA ASUNCIÓN, S.L.

69,013

R1-190

RIVERSIDE ELECTRICAL SOCIETY OF FRESNO, S.A.

392.811

R1-191

ALSET ICA, S.L.

997.312

R1-192

EITHER OR DISTRIBUIDORA CASTELLANO LEONESA, S.A.

206.235

R1-193

VALDIVIELSO, S.A.

71,388

R1-194

SAN PEDRO ELECTRICAL COMPANY, S.L.

725.053

R1-195

ELECTRIC ABENGIBRENSE DISTRIBUTION, S.L.

182.726

R1-196

ELECTRIC OF THE ROUND S SERRANIA L.

1.214.990

R1-197

EBROANAS, S.L.

161.271

R1-198

SACRED HEART OF JESUS, S.L.

201.045

R1-199

ELECTRICAL DISTRIBUTOR MONESTERIO, S.L.U.

1.895.831

R1-200

ELECTRIC DISTRIBUTOR BRAVO SAEZ, S.L.

269.650

R1-201

ELECTRIC OUR LADY DE LOS SANTOS, S.L.

696.128

R1-202

VILALLER OLD MILL, S.A.

116.131

R1-203

VARGAS AND COMPANY ELECTRO HARINERA SAN RAMON, S.A.

497.595

R1-204

NODE COMBA, S.L.

1.675,000

R1-205

ICASA DISTRIBUTION ENERGY, S.L.

38,684

R1-206

ELECTRICAL DISTRIBUTIONS FROM THE ERIA, S.L.

82,615

R1-207

ISABA ELECTRICAL DISTRIBUTOR, S.L.U.

100.048

R1-208

ENERFRIAS SL.

146.077

R1-210

CENTRAL ELECTRIC SAN ANTONIO, S.L.

702.271

R1-211

CUNPRESSE, S.L.

566,000

R1-213

ELECTRICITY FROM BENUZA, S.L.

226.629

R1-214

RODALEC, S.L.

144,797

R1-215

ELECTRIC DEL HUEBRA, S.L.

95,943

R1-216

NAVASFRIAS S.L. ELECTRIC DISTRIBUTOR

155,328

R1-217

ELECTRICAL MESTANZA R.V., S.L.

92.231

R1-218

HYDROELECTRIC DE CATALUNYA, S.L.

1.275.482

R1-219

ABUSEJO, S.L.

1.209.501

R1-220

CANTONA S.L.

94.055

R1-221

ELECTRICA GILENA, S.L.U.

397.105

R1-222

ENERGIES OF PANTICOSA S.L.

332,512

R1-223

HEIRS OF EMILIO GAMERO, S.L.

834.391

R1-224

MONTOLIU ELECTRICAL DISTRIBUTOR, S.L. U.

55,616

R1-225

ICA BANESA, S.L.

81.086

R1-226

GLORIA MARISCAL, S.L.

123.032

R1-227

RUIZ DE LA TORRE, S.L.

1.111.268

R1-228

CELA LIGHT, S.L.

137.468

R1-229

ELECTRIC SAN MARCOS, S.L.

51,628

R1-231

ICA CUROS, S.L.

618.349

R1-232

VALDIZARBE, S.A.

1.276.430

R1-233

ELECTRICAL LATORRE, S.L.

545.225

R1-234

ELECTRICAL DE CASTRO CALDELAS S.L.

218.275

R1-236

THE PROGRESS OF THE PYRENEES-HEIRS OF FRANCISCO BOLLO QUELLA, S.L.

500.737

R1-237

MONTESLIGHT ELECTRICAL DISTRIBUTION, S.L.

391,881

R1-238

EMILIO PADILLA E CHILDREN, S.L.

134,445

R1-239

CABRERA JUMPS, SL.

297.760

R1-240

ELECTRICAL ENERGY DISTRIBUTION OF PARCENT, S.L.

183,916

R1-241

ELECTRICAL ENERGY DISTRIBUTOR TORRECILLAS VIDAL, S.L.

165.913

R1-242

INDUSTRIAL ELECTRICAL, S.L.U.

199.530

R1-243

HYDROELECTRIC EL CERJON, S.L.

120.553

R1-244

HYDROELECTRIC JOSÉ SLAUGHTER GARCÍA, S.L.

234.469

R1-245

DISTRIBUTION AND ELECTRICAL CHARITY E ILDEFONSO, S.L.

138,692

R1-246

FELIPE BLÁZQUEZ, S.L.

207,400

R1-247

INPECUARIAS TORRECAMPO, S.L.

170.741

R1-248

E. SAAVEDRA, S.A.

390.299

R1-249

JUAN AND FRANCISCO ESTEVE MAS S.L.

72,639

R1-250

ELECTRICAL LIGHT MOLARS S.L.

364.513

R1-251

URBAN SERVICES OF CERLER, S.A. (SUCSA).

359.048

R1-252

HEIRS TO CARLOS OLTRA, S.L.

47.270

R1-253

FEREZ ELECTRIC COMPANY, S.L.

389.782

R1-254

OUTPUT SALTEA, S.L.

137,028

R1-255

ELECTRIC SANTA LEONOR S.L.

131.017

R1-256

EMDECORIA, S.L.

1.377,743

R1-257

CHILDREN OF FRANCISCO SCARCE S.L.

1.303.273

R1-258

MILLARENSE OF ELECTRICITY, S.A.U.

133,996

R1-259

MUNICIPAL ELECTRIC VILORIA, S.L.

123.937

R1-260

206,920

R1-261

SAN BARTOLOME, S.L.

277,751

R1-262

ELECTRIC OF THE GUADALFEO, S.L.

479.143

R1-264

ELECTRIC SANTA MARTA AND VILLALBA, S.L.

1.194,422

R1-265

MARIA ALONSO CARRIAGEWAY HEIRS. SALE OF BATHS S.L.

90,668

R1-266

CHILDREN OF MANUEL PERLES VICENS, S.L.

101.905

R1-267

ELECTRICAL DE VER, S.L.

35,975

R1-268

ADEMADEMOS cíccio CENELLES, S.L.

1.597.326

R1-269

MANUEL ROBRES CELADES, S.L.U.

58,455

R1-270

.

365.094

R1-271

ALCOLECHA ELECTRICAL DISTRIBUTION, S.L.

36.578

R1-272

ALGAR ELECTRIC LIGHT, S.L.U.

486.298

R1-273

MUNICIPAL COMPANY D' ENERGY ELECTRIC TORRES DEL SEGRE, S.L.

428.616

R1-274

ELEC VALL DE BOI, S.L.

82,397

R1-275

ICA DE VALDRIZ, S.L.

181.177

R1-276

IGNALUZ JIMENEZ DE TORRES, S.L.

58.641

R1-277

ELECTRICAL DISTRIBUTOR FOG, S.L.

552,557

R1-278

TOLARGI, S.L.

1.575.484

R1-279

MONTSEC SL ELECTRIC.

386.201

R1-280

ITURENGO ELEKTRA, S.L.

91.082

R1-281

EITHER OR OUTPUT FROM GALLEGO, S.L.

245.332

R1-282

CATOIRA ELECTRIC DISTRIBUTOR, S.A.

217.989

R1-283

POWER OF THE WELL S. COOP.MADRILENA.

415.869

R1-284

APHRODISIO PASCUAL ALONSO, S.L.

181.064

R1-285

ENERGY FROM BENASQUE, S.L.

821.678

R1-286

ELECTRICAL DISTRIBUTIONS FROM POZUELO, S.A.

101.163

R1-287

LÁZARO ' S HOUSE ELECTRICAL DISTRIBUTOR, S.A.

203.214

R1-288

DISTRIBUTED ALNEGA, S.L.

62.371

R1-289

ESCARRILLA, S.L.

72.301

R1-290

ALBERGUERIA ELECTRICAL, S.A.

401,390

R1-291

JORQUERA ELECTRIC COMPANY, S.L.

53,603

R1-292

207.372

R1-293

HYDROELECTRIC COTO MINING DISTRIBUTION, S.L.U.

221.397

R1-294

ELECTRICAL DISTRIBUTOR OF THE PORT OF THE CROSS, S.A.

7.344,772

R1-295

INDUSTRIAL BARCALESA, S.L.

362,684

R1-296

ELECTRICAL DISTRIBUTOR D' ALBATARRAC, SL.

226.085

R1-297

ORBAECITA, S.L.

40.446

R1-298

ENERFIFTH SL ELECTRIC POWER DISTRIBUTOR.

94,631

R1-300

ELECTRIC FROM VILLAHERMOSA S.A.

86.466

R1-301

ALARCON NAVARRO ELECTRICAL COMPANY, S.L.

332,885

R1-302

ARAMAIOKO ARGINDAR BANATZAILEA, S.A.

161.462

R1-304

HYDROFLAMYL, S.L.

742,890

R1-305

SDAD. MUNICIPAL DE DISTRICT. ELECTRICA DE LLAVORSI S.L.

124,910

R1-306

HELIODORO CHAFER, S.L.

363.022

R1-307

LORENTE WELL POWER, S. L.

104,801

R1-308

ARAXES ARGI INDARRA, S.L.

167.163

R1-309

PEDRO SANCHEZ IBANEZ.

290.229

R1-310

DISTRIBUTOR POOL S.L.

18.166

R1-312

PLEASE THE VENDUL S.L.

37,167

R1-313

LEINTZARGI S.L.

32.365

R1-314

ELECTRICAL DISTRIBUTOR OF PONTS S.L. (D.E.P. S.L.).

118.405

R1-317

POPULAR ELECTRIC, S. COOP.MAD.

341,092

R1-318

ELECTRICITY MENDIVIL, S.L.

31,768

R1-319

THE SINARCHENSE S.L.U.

198.733

R1-320

ARAS MUNICIPAL SUPPLIES AND SUPPLIES, S.L.U.

142.943

R1-323

BOGARRA SA ELECTRICAL FORCES S.A. (FOBOSA).

488.495

R1-325

MUNICIPAL ENTERPRISE OF DISTRIBUCIO D' ENERGY ELECTRICA D' ALMENAR, SLU.

706.492

R1-326

TUDANCA, S.L.

73.319

R1-327

ANTONIO MADRID SL.

240.801

R1-328

RIVER ISABENA S.L.

582.305

R1-329

TALAYUELAS ELECTRICAL DISTRIBUTIONS, S.L.

267.505

R1-330

CABRIEL ELECTRIC COMPANY S.L.

128,527

R1-331

ANZURIETAS, S.L.

19,919

R1-332

BAKAIKUKO ARGIA, S.A.

59.837

R1-333

ARRUAZU, S.L.

31,746

R1-334

BARAIBAR, S.L.

28.627

R1-335

CHULILLA MUNICIPAL SUPPLIES AND SUPPLIES, S.L.

152,812

R1-336

CATENERIBAS S.L.U.

42,412

R1-337

ETAT MUNICIPAL DE DISTRIBUCIO ELECTRICA DE TIRVIA, S.L.

31.040

R1-338

ELECTRICAL SUPPLIES ISABENA, S.L.

138.841

R1-339

URDAZUBIS S.L.

278.805

R1-340

ELECTRIC COSTUR, SL.

83.174

R1-341

TALRNA MUNICIPAL ELECTRICAL SL.

73,591

R1-342

LIGAR, S.L.

743.232

R1-343

FIELD VILLA ENERGIES, S.L.U.

125,800

R1-344

MANAGING THE ELECTRICAL SERVICE DONE S.L.

194.589

R1-345

ELECTRICITY, S.L.

120,020

R1-346

TEUJAR S.L.

266.137

R1-347

ELECTRIC HALLS OF PALLARS, S.L.

80,664

R1-348

ELECTRO-HARINERA BELSETANA, S. COOP.

26.986

R1-349

LA CONSTANCIA-AREN, S.L.

75,427

R1-350

ANSO S.L. VALLEY ELECTRICAL DISTRIBUTOR

98.720

R1-351

ELECTRIC SUDANELL S.L.

137.172

R1-352

ELECTRICAL HYDROBESORA, SL.

88,744

R1-353

ELECTRIC COLLADO WHITE, S.L.

178.296

R1-354

LLUM D' AIN, S.L.

48,590

R1-355

ELECTRÍTICA LA ENGUERINA, S.L.

251.213

R1-356

COOP V.E.F.A. "SERRALLO."

41.392

R1-357

MALCOOKED S.L.U. ELECTRIC

108.999

R1-358

VALLANAC, S.L.

55,364

R1-359

ELECTRIC MANZANEDA, S.L.

144.410

R1-360

MUNICIPAL ELECTRIC SANTA COLOMA DE QUERALT S.L.

446.002

R1-361

ELECTRICAL DISTRIBUTIONS FROM GISTAIN, S.L.

25.502

R1-362

ENERGIES OF THE ZINQUETA, S.L.

65,230

R1-363

NAME OF THE LLOBREGAT ENERGY, S.L.

175.470

R1-364

SAMPOL ENERGY, S.L.

48,720

TOTAL.

359.320.012

The distribution companies listed in this Annex in the event of a sufficiently justified circumstance may request a reasoned request from the Directorate-General for Energy Policy and Mines to review the remuneration referred to in this Annex. The General Directorate of Energy Policy and Mines will resolve the request, after the National Energy Commission has submitted a report.

ANNEX II

Quarterly updates of special regime fees and premiums

1. As of 1 October 2010

1. Fees and premiums for the facilities of the sub-groups a.1.1 and a.1.2 and of the group c.2 of Article 2 of Royal Decree 661/2007 of 25 May 2007.

-

0.5

subgroup

Fuel

Power

Regulated Rate
-
c€/kWh


Prima reference
-
c€/kWh

a.1

a.1.1

P≤0.5 MW

14,3949

-

11,8123

-

9.3820

3,9284

8,9076

3,2418

25

8,4658

2,8911

a.1.2

-

14,2958

-

1

12,2380

6.5079

6.5079

10

11,9069

5.9500

25

11,4968

5,4464

Fuel

0.5

13,1016

-

1

11,1575

5,4382

10,8166

4,8693

25

10,4147

4,3819

c.2

6.8369

3,4883

2. Rates for the facilities under the second transitional provision of Royal Decree 661/2007 of 25 May 2007.

0.5

5.8142

Power

Set rate by installation type
-
c€/kWh

Treatment and reduction of pig holdings

Treatment and reduction of sludge derived from the
olive oil production

Treatment
and reduction of
other sludge

Treatment
and reducing other waste

Natural Gas

P≤0.5 MW

12,5416

11,1788

6,4082

5,4997

0.5

12,5416

11,1786

6,4083

5,4997

12,7483

11.3630

6,5139

5,5903

12,7826

6.5314

5.6053

5.6053

12.8333

11.4385

6.5574

5.6276

Gasole/LPG

13.2594

11.8183

5.8142

5.8142

13.2594

11.8184

6.7752

5.8143

5.8143

1

13,3864

11.9317

6,8398

5,8703

13,4016

11.9454

6.8478

5,8768

25

13,4150

11.9572

6,8548

5,8827

Fuel

P≤0.5 MW

13,2594

11,8183

5.8142

13,2021

11,7674

5,7893

5,7893

1

13,3612

11.9091

6,8269

5,8589

13,3805

11,9264

6.8369

5,8674

25

13,4049

11.982

6.8495

5,8781

2. As of 1 January 2011

1. Fees and premiums for the facilities of the sub-groups a.1.1 and a.1.2 and of the group c.2 of Article 2 of Royal Decree 661/2007 of 25 May 2007.

subgroup

Fuel

Power

Regulated Rate
c€/kWh


Prima reference
c€/kWh

a.1

a.1.1

P≤0.5 MW

14,3548

-

11,7794

-

9,3510

3,9154

8,8772

3,2307

8,4358

2,8808

a.1.2

P≤0.5 MW

16,5821

-

14,1116

-

12,0543

6,4102

11.7236

5,8584

25

11,3148

5,3602

Fuel

0.5

-

10,9960

5,3595

10,6555

4,7968

10.2533

4,3140

c.2

6.7351

3.4364

2. Rates for the facilities under the second transitional provision of Royal Decree 661/2007 of 25 May 2007.

25

5.7394

0.5

Power

Regulated Rate by Installation Type
-
c€/kWh

Treatment and reduction of pig holdings

Treatment and reduction of sludge derived from olive oil production

Treatment and reduction of other sludge

Treatment
and reducing other waste

Natural Gas

P≤0.5 MW

12,5067

11,1476

6,3904

5,4844

12,5066

11,1475

6,3905

5,4844

12,7062

11.3255

6,4924

5,5718

12,7389

6.5091

6.5091

5.5862

12,7878

11,3979

6.5342

5,6077

Gasole/LPG

13,0885

11,6661

5.7393

0.5

13.0885

11.6662

6.6879

5.7394

5.7394

1

13,1855

11,7526

6,7372

5,7822

13.1953

11,7615

6.7424

5,7863

25

13,2026

11,7679

6,7462

5,7896

Fuel

P≤0.5 MW

13,0885

11.6661

5.7393

130411

6.6635

5.7187

5.7187

13,1678

11.7367

11.7367

6.7281

5,7741

13,1812

11.7488

6,7351

5,7800

25

13.1972

11.7630

6.7433

5,7870

ANNEX III

Annual updates of the special regime's rates, premiums, and upper and lower limits

1. Rates for the facilities of the subgroup a.1.4 and group a.2 of Article 2 of Royal Decree 661/2007, of 25 May.

subgroup

Fuel

Power

Regulated Rate c€/kWh

Reference Prima c€/kWh

a.1

a.1.4

Carbon

P≤10 MW

11.1839

7.8430

7.6889

3.6321

25

6.9900

2,6266

Other

P≤10 MW

5,0116

2,5979

4,5939

1,7524

25

4,1764

1,1515

a.2

P≤10 MW

5,0168

2,5991

4,5914

1,7570

25

4,1770

1,1594

2. Tariffs for the facilities of sub-group a.1.3 of Article 2 and of the transitional provision 10th of Royal Decree 661/2007 of 25 May 2007.

2 MW < P

7.0735

7.2337

b.8.1

2 MW < P

6.3374

Subgroup

Fuel

Power

Deadline

Regulated Rate
c€/kWh

Reference Prima
c€/kWh

a.1.3

b.6.1

P≤ 2 MW

first 15 years

17,2917

13.0780

from then

12.8343

0.0000

2 MW < P

first 15 years

15.8313

11,3885

13,3344

0.0000

b.6.2

P≤ 2 MW

first 15 years

13.8233

9.6258

9,3195

0.0000

2 MW < P

first 15 years

11,6140

from then

8.7110

0.0000

b.6.3

P≤ 2 MW

first 15 years

138233

9.6258

9.3195

0.0000

first 15 years

12,7754

8,3333

from then

8.7110

b.7.1

8.8884

4,8897

then

7.2402

0.0000

b.7.2

b.7.2

b.7.2

rowspan="2">

P≤500 kW

first 15 years

14,4147

11,3753

7.1803

0.0000

500 kW < P

first 15 years

7.0735

0.0000

b.7.3

first 15 years

5,7887

3.8158

5.7887

0.0000

P≤ 2 MW

first 15 years

138233

9.6258

from then

9.3195

0.0000

first 15 years

11.8253

7,3772

from then

8.8695

0.0000

P≤ 2 MW

first 15 years

10.2385

6.0564

from then

7.1824

0.0000

2 MW < P

7.7053

3,7202

from then

7.7053

0.0000

b.8.3

P≤ 2 MW

first 15 years

6.3374

7.1824

0.0000

2 MW < P

first 15 years

10,0437

5.8398

then

8.1705

0.0000

a.1.3 within the 10. ª.

14,2825

9.8426

3. Fees, premiums and limits for the facilities of category (b) of Article 2 of Royal Decree 661/2007 of 25 May 2007.

from then

from then

2 MW < P

from then

8.7111

Subgroup

Power

Deadline

Regulated Rate
c€/kWh

Prima
reference
c€/kWh

Limit
Top
c€/kWh

Limit
Bottom
c€/kWh

b.1

b.1.1

P≤100 kW

first 28 years

47.5597

100 kW

first 28 years

45,0886

10

first 28 years

24,8138

b.1.2

first 25 years

29,0916

27,4312

37,1483

27,4353

from then

23,2731

21.9449

b.2

b.2.1

first 20 years

7.9084

2,0142

9,1737

7.6975

from then

6,6094

b.2.2 *

9.1041

17.7114

b.3

first 20 years

7,4410

4,1519

then

7.0306

3,3047

b.4

first 25 years

8,4237

2,7047

9,2014

7.0414

7.5814

1,4519

b.5

first 25 years

**

2.2727

8.6397

6.6094

7.5814

6.6094

from then

***

1,4519

b.6

b.6.1

P≤ 2 MW

first 15 years

17,1596

12.9361

166423

12,7362

2 MW < P

first 15 years

15.8313

11.3885

16,2967

15,4111

13,3344

b.6.2

P≤ 2 MW

first 15 years

13,5763

9,3528

14,3744

13,0568

9,1530

first 15 years

11.6140

7.1712

12,0849

11.2090

from then

8.7111

b.6.3

P≤ 2 MW

first 15 years

13,5763

9,3528

13,0568

from then

first 15 years

12,7754

8,3333

13,2404

12.3548

8.7111

b.7.1

first 15 years

8.6311

9.6766

8.0350

7.0306

b.7.2

P≤500 kW

14,1141

11.0355

16,5559

13,3376

from then

7.0306

500 kW < P

first 15 years

10,4541

6,7241

11,9121

10,3137

from then

7.0306

b.7.3

5,7887

3.8158

8,9961

5,5078

from then

5,7887

b.8.1

b.8.1

P≤ 2 MW

first 15 years

13,5763

9,3528

14,3744

from then

9.1530

2 MW < P

first 15 years

11,6140

7.1712

11.2090

11.2090

b.8.2

P≤ 2 MW

first 15 years

10.0221

5,7997

10,8213

9,4929

7.0306

2 MW < P

7.0284

2,5856

7,4950

6,6094

from then

7.0284

b.8.3

P≤ 2 MW

first 15 years

10.0221

6.0677

10,8213

9,4929

from then

7.0306

2 MW < P

first 15 years

8.6397

3.9621

9.7197

8.0998

from then

7.0284

* Maximum reference premium for the purposes of the concurrency procedure provided for in Royal Decree 1028/2007 of 20 July and the upper limit for offshore wind installations.

**. The amount of the regulated tariff for the facilities of the group b.5 for the first 25 years from the start up shall be: [6,60 + 1,20 x [(50-P)/40]] x 1.0826, with P being the power of the installation.

***. The amount of the regulated tariff for the premises of the group b.5 for the twenty-sixth and successive years from the start up will be: [5,94 + 1,080 x [(50-P)/40]] x 1.0826, with P being the power of the facility.

4. Fees and premiums for the installations of groups c.1, c.3 and c.4 of Article 2 of Royal Decree 661/2007, of 25 May.

C€/kWh regulated rate

Prima
reference
c€/kWh

c.1

5,8026

2.9758

c.3

4,1463

2.9758

c.4

7.5669

3,1851

5. Fees for installations covered by Royal Decree 1578/2008 of 26 September, registered in the corresponding calls for the year 2009.

C€/kWh regulated

Convocation
1. er quarter 2009

Convocation
2nd Quarter 2009

Convocation
3. er quarter 2009

Convocation
4. 2009

Type I. 1

34.7079

34.7079

34.7079

34.7079

Type I. 2

32.6662

32.6662

32.6662

32,6662

Type II

32,6662

31,3585

30,5340

29,6912

ANNEX IV

Loss Ratios for transferring power supplied to consumers at the rate of last resort and at access rate on their counters to power supplied in central bars

Loss Ratios for Low-Voltage Access and Rate Contracts

Rates and Tolls

Imputed energy losses (in% of energy consumed in each period)

Period 1

Period 2

Period 3

and tolls without time discrimination

14

and tolls with 2-period time discrimination

14.8

14.6

-period time-discrimination rates and tolls

15.3

14.6

10,7

Loss Ratios for high voltage access contracts with 3-period time discrimination (in% of the energy consumed in each period)

Supply Tension

Imputed energy losses (in% of the energy consumed in each period)

Period 1

Period 2

Period 3

3.1A. Greater than 1 kV and not greater than 36 kV

6.6

6.4

4.8

Loss Ratios for high voltage general rate access contracts with 6-term time discrimination (in% of the energy consumed in each period)

Supply Tension

1.8

1.7

Imputed energy losses
(in% of the energy consumed in each period)

Period 1

Period 2

Period 3

Period 4

Period 5

Period 6

Greater than 1 kV and not greater than 36 kV

6.8

6.6

6.5

6.3

6.3

5.4

Greater than 36 kV and not greater than 72.5 kV

4.9

4.7

4.6

4.4

4.4

3.8

Greater than 72.5 kV and not greater than 145 kV

3.4

3.3

3.2

3.1

3.1

1.7

1.7

1.7

1.7

1.7

1.7

Loss coefficients for other supply or access contracts (in% of the energy consumed in each period)

Tension level

MAT (145 > kV)

%

BT

13.81

(1 > kV ≥ 36)

6.00

(36 > kV ≥ 72, 5)

4.00

(72.5 > kV ≥ 145)

3.00

1.62