Key Benefits:
The current Spanish society, in the context of the reduction of external energy dependence, a better use of available energy resources and greater environmental awareness, demands more and more the use of renewable energy and efficiency in the generation of electricity, as basic principles for achieving sustainable development from an economic, social and environmental point of view.
In addition, national energy policy must enable, by seeking energy efficiency in electricity generation and the use of renewable energy sources, the reduction of greenhouse gases. in accordance with the commitments made with the signing of the Kyoto Protocol.
The creation of the special electricity generation regime was an important milestone in our country's energy policy. The objectives relating to the promotion of renewable energy and cogeneration are included in the Renewable Energy Plan 2005-2010 and in the Energy Saving and Efficiency Strategy in Spain (E4), respectively. In the light of these, it is noted that although the growth experienced by the whole of the special electricity generation system has been remarkable, in certain technologies, the objectives set are still far from being achieved. reached.
From the point of view of remuneration, the activity of electricity production under special arrangements is characterised by the possibility that its remuneration scheme will be supplemented by the perception of a premium in the (a) the terms that are regulated, for the determination of which factors such as the level of energy supply voltage to the grid, the contribution to the improvement of the environment, the saving of primary energy, the energy efficiency and the investment costs incurred.
The modification of the economic and legal regime governing the special regime in force so far is necessary for several reasons: First, the growth experienced by the special regime in recent years, In addition to the experience gained during the implementation of the Royal Decrees 2818/1998 of 23 December and 436/2004 of 12 March, it has shown the need to regulate certain technical aspects in order to contribute to the growth of these technologies, safeguarding safety in the electrical system and ensuring its quality supply, as well as to minimize restrictions on production of that generation. The economic regime established in Royal Decree 436/2004, of March 12, due to the behavior that has experienced the prices of the market, in which in recent times certain variables not considered in the The remuneration scheme of the special scheme makes it necessary to amend the remuneration scheme, by removing it from the Average or Reference Electricity Fee, which has been used so far. Finally, it is necessary to collect the regulatory changes resulting from the European legislation, as well as from the Royal Decree-Law of 23 June, adopting urgent measures in the energy sector, which introduces important changes in the the legal status of the cogeneration activity.
This royal decree replaces Royal Decree 436/2004 of 12 March establishing the methodology for the updating and systematization of the legal and economic regime of energy production activity. In particular, it provides a new regulation for the production of electrical energy under special arrangements, while maintaining the basic structure of its regulation.
The economic framework set out in this royal decree develops the principles contained in Law 54/1997 of 27 November of the Electrical Sector, guaranteeing the holders of facilities under special conditions (a) a reasonable remuneration for its investments and for electrical consumers an equally reasonable allocation of the costs attributable to the electricity system, while the market share is incentivised, as a result is achieved by a less administrative intervention in the fixing of electricity prices, as well as a better and more more efficient allocation of the costs of the system, in particular as regards the management of deviations and the provision of complementary services.
To do this, a system similar to that provided for in Royal Decree 436/2004 of 12 March, in which the owner of the plant can choose to sell his energy at a regulated tariff, is maintained for all periods of In this case, the price negotiated on the market plus a premium is levied on the market on a daily basis or on the market on a daily basis or on a bilateral contract. In the latter case, a novelty is introduced for certain technologies, lower and upper limits for the sum of the daily market price, plus a reference premium, so that the premium to be paid in each hour can be reduced on the basis of these values. This new system protects the promoter when the revenue from the market price is too low, and eliminates the premium when the market price is sufficiently high to guarantee the coverage of its costs, eliminating irrationalities in the remuneration of technologies, the costs of which are not directly linked to oil prices on international markets.
On the other hand, to safeguard the security and quality of the electrical supply in the system, as well as to minimize the production restrictions to those technologies considered today as unmanageable, establish targets for installed reference power, in line with the objectives of the Renewable Energy Plan 2005-2010 and the Energy Saving and Efficiency Strategy in Spain (E4), for which the scheme will apply retributive established in this royal decree.
Also, during the year 2008, the development of a new Renewable Energy Plan for its implementation in the period 2011-2020 will begin. The new targets to be set will be considered in the review of the remuneration scheme planned for the end of 2010.
For the particular case of wind energy, in order to optimize its penetration in the peninsular electrical system, in addition, a study of the wind potential can be initiated in 2007, the results of which will be account for the future planning of electricity infrastructure for the period 2007-2016.
The promotion of high-efficiency cogeneration on the basis of useful heat demand is a priority for the European Union and its Member States, taking into account the potential benefits of cogeneration in terms of heat demand. The aim of Directive 2004 /8/EC of the European Parliament and of the Council of 11 December 2004 on the reduction of emissions, in particular greenhouse gases, is the objective of Directive 2004 /8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration on the basis of the demand for useful heat in the market The Commission's proposal for a Council Directive amending Directive 92/42/EEC, as set out in Article 1 of Directive 92/42/EEC, is to increase energy efficiency and improve security of supply by creating a framework for the promotion and development of energy cogeneration.
The remuneration of the energy generated by cogeneration is based on the services provided to the system, both for its distributed generation condition and for its greater energy efficiency, introducing, for the first time, a remuneration which is a direct function of the primary energy saving exceeding that which corresponds to the fulfilment of the minimum requirements.
As a result of the repeal of the costs of transition to competition (CTC ' s), carried out by the Royal Decree Law of 23 June, the premium of certain installations of category a) of the Royal Decree disappeared. 436/2004, dated 12 March, prior to the date originally scheduled for 2010. In order to alleviate this tort on the premises whose activity was not directly linked to these costs, it increases, from the entry into force of the actual decree-law and until the entry into force of the present royal decree, the value of the incentive of such facilities, in the amount of the premium deleted, leaving the total remuneration exactly equal to the situation prior to the modification.
In addition, certain installations of technologies which are comparable to the special scheme are expected to be included in the ordinary scheme, or conventional thermal installations using the same power plant. biomass or biogas, may be able to receive a premium or a supplement, in order to encourage its implementation, for its contribution to the objectives of the special scheme.
On the other hand, additional provisions are introduced concerning the mechanisms for the allocation of costs and costs and the estimation of the costs of connection for the installations of the special scheme. necessary for the incorporation into Spanish law of the content of Articles 7.4 and 7.5 of Directive 2001 /77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity generated from renewable energy sources in the internal electricity market.
The royal decree is systematically structured in four chapters. Chapter I defines the objective scope of the rule and specifies the facilities under consideration for special arrangements, classifying them into categories, groups and sub-groups; Chapter II regulates the procedure for the inclusion of a installation of electrical energy production in the special scheme; Chapter III, the rights and obligations of producers under special arrangements, and Chapter IV, the economic regime.
With this royal decree it is intended that the national indicative target included in Directive 2001 /77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of the electricity generated from renewable energy sources in the internal electricity market, so that at least 29.4 percent of gross electricity consumption in 2010 comes from renewable energy sources.
According to the provisions of the third paragraph of Law 34/1998 of 7 October of the hydrocarbon sector, this royal decree has been subject to a mandatory report from the National Commission of Energy.
In its virtue, on the proposal of the Minister of Industry Tourism and Trade, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of May 25, 2007,
D I S P O N G O:
CHAPTER I
Object and Scope
Article 1. Object.
Constitutes the object of this royal decree:
(a) The establishment of a legal and economic regime for the production of electrical energy in a special scheme replacing Royal Decree 436/2004 of 12 March establishing the methodology for the production of electricity updating and systematization of the legal and economic regime of the activity of the production of electrical energy in special regime by a new regulation of the activity of production of electrical energy in special regime.
(b) The establishment of a transitional economic regime for installations falling within categories (a), (b), (c) and (d) of Royal Decree 436/2004 of 12 March establishing the methodology for updating and systematization of the legal and economic regime of the activity of electrical energy production under special arrangements.
(c) The determination of a premium to supplement the remuneration scheme of those installations with a power exceeding 50 MW, applicable to the installations covered by Article 30.5 of Law 54/1997 of 27 November 1997, and to the Generations.
(d) The determination of a premium to supplement the remuneration scheme of the co-combustion plant for biomass and/or biogas in thermal power plants of the ordinary system, irrespective of their power, according to the established in Article 30.5 of Law 54/1997 of 27 November.
Article 2. Scope.
1. The special scheme provided for in this royal decree may be used for electrical energy production facilities referred to in Article 27.1 of Law 54/1997 of 27 November 1997.
Such installations are classified in the following categories, groups and sub-groups, depending on the primary energy used, the production technologies used and the energy yields obtained:
(a) Category (a): producers using cogeneration or other forms of electricity production from waste energy.
Have the consideration of co-generator producers those natural or legal persons who develop the activities for the generation of useful thermal energy and electrical and/or mechanical energy by cogeneration, both for their own use as for the total or partial sale of the same. It is understood as electric power production in bars of central or net generation, according to Articles 16.7 and 30.2 of Law 54/1997, of 27 November.
It is understood by useful thermal energy that produced in a cogeneration process to satisfy, without exceeding, an economically justifiable demand for heat and/or refrigeration and, therefore, that it would be satisfied under conditions of market through other processes, not to be used for cogeneration.
This category a) is categorized in turn into two groups:
1. Group a.1. Installations which include a cogeneration plant provided that they represent a high energy performance and satisfy the requirements set out in Annex I. This group is divided into four sub-groups:
Subgroup a.1.1. Cogenerations using natural gas as fuel, provided that natural gas is at least 95 percent of the primary energy used, or at least 65 percent of the primary energy used when the rest comes from biomass and/or biogas in the terms set out in Annex II; the percentages of the primary energy used as measured by the lower calorific value.
Subgroup a.1.2. Co-generations using as fuel oil, fuel oil or liquefied petroleum gases (LPG) provided that they represent at least 95 per cent of the primary energy used, measured by the lower calorific value.
Subgroup a.1.3. Co-generations using as the main fuel biomass and/or biogas, in the terms set out in Annex II, and provided that it accounts for at least 90% of the primary energy used, measured by the lower calorific value.
Subgroup a.1.4. Other co-generations that include as possible fuels to be used, residual gas from refinery, coking, process fuels, coal and others not covered in the above sub-groups.
2. Group a.2. Installations which include a power plant using waste energy from any plant, machine or industrial process whose purpose is not the production of electrical and/or mechanical energy.
(b) Category (b): facilities that use as primary energy some of the non-consumable renewable energy, biomass, or any type of biofuel, provided that the holder does not carry out production activities in the ordinary regime.
This category b) is classified into eight groups:
1. Group b.1. Installations using solar energy as primary energy. This group is divided into two subgroups:
Subgroup b.1.1. Installations that only use solar radiation as primary energy through photovoltaic technology.
Subgroup b.1.2. Installations using only thermal processes for the transformation of solar energy, as primary energy, into electricity. Equipment using a fuel for the maintenance of the temperature of the heat-transmitting fluid may be used in these installations to compensate for the lack of solar irradiation that may affect the intended delivery of energy. The electric generation from said fuel must be lower, in annual computation, to 12 percent of the total electricity production if the installation sells its energy according to the option a) of article 24.1 of this royal decree. This percentage may be 15% if the plant sells its energy in accordance with option (b) of that Article 24.1.
2. Group b.2. Installations that only use wind energy as primary energy. This group is divided into two subgroups:
Subgroup b.2.1. Wind installations located on land.
Subgroup b.2.2. Wind installations located in the territorial sea.
3. Group b.3. Installations that only use as primary energy geothermal, wave, tidal, hot and dry rocks, ocean heat and energy of marine currents.
4. Group b.4. Hydroelectric power plants with an installed power not exceeding 10 MW.
5. Group b.5. Hydroelectric power plants with an installed capacity of more than 10 MW and not more than 50 MW.
6. Group b.6. Plants using as main fuel biomass from energy crops, from waste from agricultural or garden activities, or from forest exploitation waste and other selvicultural operations in the forest masses; and green spaces as set out in Annex II. This group is divided into three subgroups:
Subgroup b.6.1. Power plants using as main fuel biomass from energy crops.
Subgroup b.6.2. Plants using as main fuel biomass from waste from agricultural or garden activities.
Subgroup b.6.3. Plants using as main fuel biomass from waste from forest use and other selviculture operations in forest masses and green spaces.
7. Group b.7. Plants which use as main fuel biomass derived from sprouts, biofuels or biogas from the anaerobic digestion of agricultural and livestock waste, biodegradable waste from industrial or sludge installations Waste water treatment as well as the recovered in the controlled landfills, in the terms set out in Annex II. This group is divided into three subgroups:
Subgroup b.7.1. Facilities that use landfill biogas as the main fuel.
Subgroup b.7.2. Installations employing as main fuel the biogas generated in digesters using one of the following wastes: industrial biodegradable waste, sewage sludge from urban or industrial water, solid urban waste, livestock, agricultural and other waste for which the anaerobic digestion process is applied, both individually and in co-digestion.
Subgroup b.7.3. Installations employing as main fuel oil sprouts by combustion and liquid biofuels.
8. Group b.8. Plants using as main fuel biomass from industrial installations, in the terms set out in Annex II. This group is divided into three subgroups:
Subgroup b.8.1. Plants using as main fuel biomass from industrial facilities in the agricultural sector.
Subgroup b.8.2. Plants using as main fuel biomass from industrial installations in the forestry sector.
Subgroup b.8.3. Power plants using the paper industry's main black spirits as fuel.
(c) Category (c): facilities which use as primary energy waste energy recovery not covered by category (b). This category is divided into four groups:
1. Group c.1. Plants using solid urban solid waste as the main fuel.
2. Group c.2. Plants using other wastes not previously referred to as the main fuel.
3. Group c.3. Plants which use as combustible waste, provided that they do not account for less than 50% of the primary energy used, measured by the lower calorific value.
4. Group c.4. Plants which would have been eligible for Royal Decree 2366/1994 of 9 December 1994 and which, at the entry into force of this royal decree, are on the holding, when they use as fuel products from the mining of quality not commercial for electrical generation, for their high sulphur or ash content, and provided that their lower calorific value is less than 2,200 kcal/kg and that the residues represent more than 25% of the primary energy used as measured by the lower calorific value.
2. For the purposes of category (b) above, fuel shall be defined as the main fuel of at least 90 per cent of the primary energy used, measured by the lower calorific value, except for the fuel used for the primary fuel. subgroup b.1.2 in point 1.b) above. For category c) the above percentage shall be 70 per cent, except for c.3 and c.4.
3. The possibility of hybridization of various fuels and/or technologies is allowed in the terms set out in Article 23 of this royal decree.
Article 3. Power of the installations.
1. The rated power shall be that specified in the engine or alternator group characteristics plate, as applicable, corrected by the following measurement conditions, if appropriate:
a) Load: 100 percent in nominal design conditions.
b) Altitude: the location of the equipment.
c) Room temperature: 15 ° C.
d) Load losses: admission 150 mm c.d.a.; escape 250 mm c.d.a.
e) Losses by fouling and degradation: three percent.
2. For the purposes of the power limit laid down for the benefit of the special scheme or for the determination of the economic arrangements laid down in Chapter IV, they shall be deemed to belong to a single plant, the power of which shall be the sum of the powers of unit facilities for each of the groups defined in Article 2:
(a) Categories (a): facilities having in common at least one useful thermal energy consumer or the residual energy from the same industrial process.
(b) Category (b): for the premises of group b.1, which are not in the scope of Royal Decree 1663/2000 of 29 September 2000 on the connection of photovoltaic installations to the low voltage network, and for the groups b.2 and b.3, which pour their energy into a same transformer with output voltage equal to that of the distribution or transport network to which they are to be connected. If several production facilities used the same evacuation facilities, the previous reference would be understood with respect to the former transformer to which it is common for several production facilities. In the absence of an earlier transformer, for the facilities of the sub-group b.1.1, the sum of the powers of the investors shall be considered working in parallel for the same holder and to pour their energy into that common transformer.
For installations of groups b.4 and b.5, those with the same altimetric take and drain within the same location.
(c) For other facilities of categories (b) and (c), those with own electromechanical equipment.
3. For categories (a) and (c), and for groups b.6, b.7 and b.8, for the purposes of paragraph 2 above, the sum of the powers of two installations shall not be considered, where the final entry of the second is produced by the less than five years after the final registration of the first year, and the total power of the second year of the new installation.
CHAPTER II
Administrative procedures for the inclusion of an electrical power production facility in the special scheme
SECTION 1. GENERAL PROVISIONS
Article 4. Administrative powers.
1. The administrative authorisation for the construction, operation, substantial modification, transmission and closure of the production facilities under special arrangements and the recognition of the condition of the production facility received by that The scheme corresponds to the bodies of the Autonomous Communities.
2. It is the responsibility of the General Administration of the State, through the Directorate General of Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce, without prejudice to the powers conferred by other departments ministerial:
(a) The administrative authorisation for the construction, operation, substantial modification, transmission and closure of the production facilities under special arrangements and the recognition of the condition of installation of production of such a scheme where the autonomous community in which the plant is located does not have competence in the field or where the facilities are located in more than one autonomous community.
(b) The administrative authorisation for the construction, operation, substantial modification, transmission and closure of installations whose installed capacity exceeds 50 MW, or are located at sea, after consultation in each case with the Autonomous Communities affected by the installation.
c) The registration or taking of reason, if any, in the Administrative Registry of installations of electrical energy production of the facilities regulated in this royal decree, as well as the communication of the registration or taking of reason to the National Energy Commission, the system operator and, where appropriate, the market operator.
3. A substantial modification of a pre-existing installation means replacements of the main equipment such as boilers, engines, hydraulic turbines, steam, wind or gas turbines, alternators and transformers, when it is established that the Investment of the partial or total modification that takes place exceeds 50 percent of the total investment of the plant, valued with criterion of replenishment. The substantial modification shall give rise to a new date of entry into service for the purposes of Chapter IV.
4. The above powers are without prejudice to any other powers that may correspond to each body in respect of the facilities subject to this regulation.
Article 5. Authorization of installations.
The procedure for granting administrative authorizations for the construction, modification, operation, transmission and closure of the facilities referred to by this royal decree, when it is a matter of the General Administration of the State shall be governed by the rules governing the production of electrical energy in general, without prejudice to the concessions and authorizations required, in agreement with other provisions that are applicable, which may be prior to the authorisation of installations such as in the case of water supply for hydroelectric power plants.
In order to obtain the authorization of the installation, it will be an essential prerequisite to obtain the rights of access and connection to the corresponding transport or distribution networks.
The autonomous communities, within the scope of their powers, may develop simplified procedures for the authorisation of installations where they have an installed power not exceeding 100 kW.
Article 6. Requirements for the inclusion of a facility in the special scheme.
1. The condition of the production facility for the special scheme shall be granted by the competent authority for authorization. The operators or operators of the facilities intending to benefit from this scheme shall be required to apply to the competent authorities for inclusion in one of the categories, group and, where appropriate, sub-group referred to in Article 2.
2. In order for a production facility to be eligible for the special scheme, the main technical and operational characteristics of the installation shall be accredited in addition to the requirements referred to in Article 2.
Also, a quantified assessment of the electrical energy to be transferred to the network must be carried out.
3. In the case of installations falling within category (a) of Article 2.1, the following characteristics of the installation must be established:
a) The maximum power to deliver with minimum processing that is compatible with the process.
b) The minimum power to deliver compatible with the process associated with normal operation.
c) The minimum power to deliver compatible with the technical conditions of the generator group, for producers who do not have an industrial process.
(d) Compliance with the requirements set out in Annex I, as appropriate, for category (a), for which an energy study shall be drawn up, supporting it, justifying, where appropriate, the need for energy useful thermal produced, in accordance with the definition given in Article 2, in the different operating systems of the intended installation.
In addition to the above, the operator must present a measurement and registration procedure for the useful thermal energy, indicating the necessary equipment for its correct determination.
4. In the case of hybrid installations, as well as, where appropriate, the facilities of the subgroup a.1.3, the energy transferred to the network must be justified by the consumption of each of the fuels, their calorific value, the consumption of the associated with each fuel and the conversion yields of the thermal energy of the fuel in electrical energy, as well as the quantity and provenance of the different primary fuels to be used.
SECTION 2. PROCEDURE
Article 7. Submission of the application.
In the case of facilities for which the General Administration of the State is competent, the application for inclusion in the special scheme shall be submitted by the owner of the installation or by whom represents, by means of such an understanding to the owner, tenant, hydraulic concessionaire or holder of any other right which binds him to the operation of a facility. This application shall be accompanied by the supporting documentation of the requirements referred to in the previous Article, as well as a summary of the requesting entity to contain:
a) The name or social reason and address of the requester.
b) Social capital and shareholders with a share of more than five percent, if any, and participation of these. Relationship of subsidiary companies in which the holder has majority ownership.
c) The energy, technical and security efficiency conditions of the facility for which inclusion in the special scheme is requested.
(d) Relation of other facilities to the special scheme for which it is a holder.
e) A copy of the balance sheet and the results account for the last fiscal year.
Article 8. Processing and resolution.
1. Where the documents required of the persons concerned are already held by any organ of the Acting Administration, the applicant may avail himself of the provisions laid down in Article 35.f) of Law No 30/1992 of 26 November 1992 on the Public Administrations and the Common Administrative Procedure, provided that it states the date and the body or agency in which they were presented or, where appropriate, issued.
In the cases of material impossibility of obtaining the document, duly justified in the file, the competent body may require the applicant to present it or, failing that, the accreditation by other means of the requirements referred to in the document, prior to the formulation of the motion for a resolution.
2. The procedure for processing the application shall be in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure and on their implementing rules.
3. The Directorate-General for Energy Policy and Mines shall notify the express resolution of the request within three months. The lack of notification of the express resolution in time will have an adverse effect, according to Article 28.3 of Law 54/1997 of 27 November. However, an appeal may be brought before the appropriate administrative authority.
SECTION 3. REGISTRATION OF PRODUCTION FACILITIES UNDER SPECIAL ARRANGEMENTS
Article 9. Administrative registration of production facilities under special arrangements.
1. For the proper monitoring of the special scheme and specifically for the management and control of the perception of regulated tariffs, premiums and allowances, both in respect of the category, group and sub-group, to the installed power and, in its the date of putting into service as to the evolution of the electrical energy produced, the energy given to the grid, the primary energy used, the useful heat produced and the primary energy saving achieved, the production facilities of Electrical energy under special arrangements must be entered in the second section of the of the Administrative Registry of Electrical Power Production Facilities referred to in Article 21.4 of Law 54/1997 of 27 November, under the Ministry of Industry, Tourism and Trade. That second section of the administrative register referred to shall be referred to as the administrative register of production facilities under special arrangements.
2. The registration procedure in this register will consist of a pre-registration phase and a definitive registration phase.
Article 10. Coordination with the Autonomous Communities and with other bodies.
1. Without prejudice to the provisions of the previous Article, the autonomous communities may create and manage the relevant territorial registers.
2. To ensure the interchangeability of the inscriptions between the administrative register of production facilities under special arrangements and the autonomic registers which may be constituted, as well as the agility and homogeneity in the remission of data between the General Administration of the State and the Autonomous Communities, the model of prior and definitive registration in the register is set out in Annex III. According to these models, the data communication will be carried out by the autonomous communities for the taking of the inscriptions in the register dependent on the Ministry of Industry, Tourism and Commerce, as well as the transmission to those of entries affecting their territorial scope.
3. The Directorate-General for Energy Policy and Mines will establish, in collaboration with the Autonomous Communities, a telematic procedure to which the competent bodies of the same will adhere for the communication of data transmitted by them for the taking of the registration in the register under the Ministry of Industry, Tourism and Trade. Similarly, the Directorate-General for Energy Policy and Mines shall promote the use of such telematic procedure in reverse, for the transmission to the competent bodies of the autonomous communities of the inscriptions affecting their territorial scope, as well as to the National Energy Commission, the system operator and the market operator of the inscriptions in the Administrative Register of facilities under special arrangements.
Article 11. Pre-registration.
1. The application for prior registration shall be addressed to the relevant body of the competent autonomous community or, where appropriate, to the Directorate-General for Energy Policy and Mines.
When competent, the General Directorate of Energy Policy and Mines shall resolve the application for prior registration within a maximum of one month.
2. The application for prior registration shall be accompanied, at least, by the act of entry into service on a provisional basis, the technical contract with the distribution company or, where appropriate, technical contract of access to the transport network, to which it refers Article 16 of this royal decree, as well as of that documentation which would have been modified with respect to the one presented for the granting of the status of installation to the special regime.
3. Once registered, the competent autonomous community must transfer to the General Directorate of Energy Policy and Mines, within a maximum of one month of the registration of the installation in the autonomous register for the reason of the prior registration in the administrative register, accompanied by the model of entry in Annex III.
4. The formalisation of the prior registration shall give rise to the allocation of an identification number in the register, which shall be communicated to the National Energy Commission and the competent autonomous community, to the purpose of the latter being their notification to the data subject. This notification shall be made by the Directorate-General for Energy Policy and Mines in the case of installations for which the General Administration of the State is competent.
5. The formalisation of the prior registration in the administrative register of electrical energy production facilities under special conditions under the General Directorate of Energy Policy and Mines shall be considered a sufficient requirement for comply with the provisions of Article 4 (a) of Royal Decree 2019/1997 of 26 December 1997 and shall be notified to the person concerned.
Article 12. Final registration.
1. The application for final registration shall be addressed to the relevant body of the competent autonomous community or, where appropriate, to the Directorate-General for Energy Policy and Mines, together with:
(a) Option document for the sale of the energy produced as referred to in Article 24.
b) A certificate issued by the person in charge of the reading, certifying compliance with the provisions of the Regulation of points of measure for the consumption and transit of electric power, approved by Royal Decree 2018/1997, of 26 of December. For all installations corresponding to type 3 measurement points, the reading officer shall be the appropriate distributor.
(c) Report of the system operator, or the distribution network manager where appropriate, that the appropriate completion of the access and connection procedures and compliance with the information, technical and/or technical requirements operational procedures, including the attachment to a generation control centre with the requirements set out in this royal decree.
(d) Accreditation of compliance with the requirements of Article 4 of Royal Decree 2019/1997 of 26 December 1997 on the organisation and regulation of the market for the production of electrical energy for the market participants production. In the case where the holder of an installation which has chosen option (a) of Article 24.1 is to be represented by a representative on his own behalf, it shall be the latter who must present the accreditation established in the present case. paragraph.
(e) In the case of hybrid installations, as well as sub-group installations a.1.3, supporting memory showing the origin of the fuels to be used and their characteristics, as well as, where appropriate, the percentages The participation of each fuel and/or technology in each of the groups and sub-groups.
The application for final registration may be submitted at the same time as the application for the entry-in-service minutes of the installation.
2. Where the jurisdiction for the decision of the application corresponds to an autonomous community, it shall, within one month, communicate the registration of the installation in the regional register or, where appropriate, of the data required for the purposes of the application. the final entry in the administrative register of production facilities under special arrangements to the Directorate-General for Energy Policy and Mines, in accordance with the model of entry in Annex III, accompanied by the entry into service Article 132 of Royal Decree 1955/2000 of 1 December 2000 on the rules governing the application of the transport, distribution, marketing, supply and authorisation procedures for electrical energy installations.
When competent, the General Directorate of Energy Policy and Mines shall resolve the application for final registration within a maximum of one month.
3. The Directorate-General for Energy Policy and Mines shall communicate the final registration in this register, which shall include the identification number in this register, the market operator, the system operator, the National Energy Commission and the Autonomous community that is competent. The competent body of the latter shall give its notification to the applicant and the distributor. This notification shall be made by the Directorate-General for Energy Policy and Mines in the case of installations for which the General Administration of the State is competent.
4. The reference for information referred to in this Article shall be forwarded in accordance with the procedure referred to in Article 10.3 of this Royal Decree.
Article 13. Expiration and cancellation of prior enrollment.
The prior registration of an installation in the Administrative Registry of production facilities under special regime dependent on the General Directorate of Energy Policy and Mines will be cancelled if, after three months since the person concerned was notified, the person concerned would not have applied for the final registration. However, this cancellation will not take place in the event that the competent administration has reasonable grounds for the registration to remain on the register, which should inform the Directorate-General of Policy, if appropriate, of the Energy and Mines and the National Energy Commission expressing the right of the time that the validity of the registration should be extended.
Article 14. Effects of enrollment.
1. The condition of installation reception for the special scheme shall have effect from the date of the decision to grant this condition issued by the competent authority. However, the final registration of the installation in the administrative register of production facilities under special arrangements shall be a necessary requirement for the application of the system of the economic system governed by this royal decree, with effect from the first day of the month following the date of the final start of the installation.
In any case, from that first day, the supplements, and costs for deviations provided for in that economic regime, will be applicable. Also, where the option for sale chosen is that of Article 24.1.b), it shall apply from that first day, and until the market is accessed, the remuneration resulting from Article 24.1.a), with its additions and costs for associated deviations.
2. Without prejudice to the provisions of the previous paragraph, the electrical energy which may have been discharged into the network as a result of a pre-test operation of the final start-up, and the discharge after the granting of the said power minutes, until the first day of the following month, shall be paid with a price equivalent to the final market time.
Test performance must be pre-authorized and its duration may not exceed three months.
This period may be extended by the competent authority if the cause of the delay is outside the operator or operator of the production facility.
Article 15. Cancellation and revocation of final registration.
The cancellation of the final registration will proceed in the administrative register of production facilities under special conditions in the following cases:
a) Cese of the activity as a special regime production facility.
(b) Revocation by the competent authority of the installation recognition to the special scheme or revocation of the authorisation of the installation, in accordance with applicable law.
The competent administration shall communicate the cancellation or revocation, as well as any other incidence of the final registration, to the distribution company and to the General Directorate of Energy Policy and Mines. for its taking of reason in the administrative register of production facilities under special arrangements. For its part, the latter will communicate it to the National Energy Commission.
CHAPTER III
Rights and obligations of special regime facilities
Article 16. Contracts with network companies.
1. The holder of the production facility host to the special scheme and the distribution company shall enter into a standard contract, in accordance with the model established by the Directorate-General for Energy Policy and Mines, for which relations shall be governed techniques between both.
The following ends shall be reflected in at least the following:
a) Connection and measurement points, indicating at least the characteristics of the control, connection, security and measurement equipment.
(b) Qualitative and quantitative characteristics of the transferred energy and, where appropriate, of the consumed energy, specifying power and forecasts of production, consumption, net generation, sales and, where appropriate, purchase.
c) Contract termination or modification causes.
(d) Conditions for the exploitation of the interconnection, as well as the circumstances in which the technical impossibility of absorption of energy surpluses is considered.
The distribution company will have an obligation to subscribe to this contract, even if no net generation is produced at the facility.
2. In addition, in the case of connection to the transport network, the provisions of Article 58 of Royal Decree 1955/2000 of 1 December 2000 shall be applied and the technical contract of access to the transport network must be communicated to the system operator and to the transport network manager.
This technical contract will be appended to the main contract defined in the previous section.
The signing of such contracts with the network holders will require accreditation of the administrative authorities of the generation facilities, as well as the corresponding connection facilities. from the same to the point of connection in the transport or distribution network, necessary for putting into service.
Article 17. Rights of producers under special arrangements.
Without prejudice to Article 30.2 of Law 54/1997 of 27 November 1997, holders of production facilities under the special scheme shall have the following rights:
a) Connect your group or generator groups to the network of the distribution or transportation power company in parallel.
b) Transfer to the system through the distribution or transport power company its net production of electricity or energy sold, provided that its absorption by the network is technically possible.
c) To be charged for the sale, in whole or in part, of their net generated electricity in any of the options listed in Article 24.1, the remuneration provided for in the economic regime of this royal decree. The right to the levying of the regulated tariff, or, where appropriate, premium, shall be subject to the definitive registration of the installation in the Register of production facilities under special arrangements under the Directorate-General for Policy Energy and Mines, prior to the deadline set out in Article 22.
d) Sell all or part of your net production through hotlines.
e) Priority in access and connection to the electrical grid in the terms set out in Annex XI of this royal decree or in the rules that replace it.
Article 18. Obligations of producers under special arrangements.
Without prejudice to Article 30.1 of Law 54/1997 of 27 November 1997, holders of production facilities under special arrangements shall have the following obligations:
(a) Deliver and receive the energy under appropriate technical conditions, so that no disruption to the normal functioning of the system is caused.
(b) In the case of installations for the generation of category (a) in the event of a transfer of thermal energy produced, it shall be a requirement to qualify for this remuneration scheme, the formalisation of one or more of the sale of thermal energy, by the total useful heat of the plant.
(c) Be entered in the second section of the Administrative Register of Electrical Power Production Facilities referred to in Article 21.4 of Law 54/1997 of 27 November, under the Ministry of Industry, Tourism and Trade, in accordance with the provisions of Article 9 of this royal decree.
(d) All special-speed installations with a power exceeding 10 MW must be attached to a generation control centre, which shall act as a partner with the system operator, forwarding the information in time. the actual installation and making its instructions executed in order to guarantee the reliability of the electrical system at all times.
The obligation to attach to a generation control center will be a necessary condition for the perception of the tariff or, where appropriate, the premium established in this royal decree, or in actual previous decrees in force with transitional character. If the option of sale chosen was the sale at regulated tariff, the non-compliance with this obligation would imply the perception of a price equivalent to the final price of the market, rather than the tariff.
The installation and maintenance costs of generation control centers, including the installation and maintenance of communication lines with the system operator, will be on behalf of the generators under control. This is a very important issue. The communication of such generation control centers with the system operator shall be in accordance with the protocols and standards communicated by the system operator and approved by the General Directorate of Energy Policy and Mines.
The operating conditions of the control centres, together with the obligations of the generators under special arrangements, in relation to the generators, shall be those laid down in the relevant operating procedures.
e) Wind installations are obliged to comply with the provisions of the operation procedure P.O. 12.3 "Requirements for response to voltage gaps in wind installations", approved by means of resolution of the October 4, 2006 of the General Secretariat of Energy. For these purposes, the verification of compliance shall be regulated in the relevant procedure.
Without prejudice to paragraph 3 of the fifth transitional provision, this obligation shall be a necessary condition for the collection of the tariff or, where appropriate, the premium provided for in this royal decree, or in real terms. Previous decrees in force on a transitional basis. If the option of sale chosen was the sale at regulated tariff, the non-compliance with this obligation would imply the perception of a price equivalent to the final price of the market, rather than the tariff itself.
Article 19. Referral of documentation.
1. The operators or operators of the facilities registered in the administrative register of production facilities under special arrangements shall send to the authority which authorized the installation, during the first quarter of each year, a memoria-summary of the year immediately preceding, in accordance with the model set out in Annex IV.
In the case of installations which have an obligation to comply with the equivalent electrical performance, a certificate shall be sent from an entity recognised by the competent authority, certifying that the minimum requirements of Annex I, as well as the value actually achieved of equivalent electrical performance, and shall notify any changes in the data provided for the authorisation of the installation for inclusion in the scheme special or for enrollment in the registry.
In the case of installations using biomass and/or biogas in groups b.6, b.7 and b.8, in a single form, in hybridization or co-combustion, they shall also send the information to be determined in the relevant procedure. certification, under the system of certification of biomass and biogas, which will be developed by the Ministry of Industry, Tourism and Trade. In addition, while, in accordance with the fourth final provision, no such system has been developed, the holders or operators shall, attached to the summary report, send a list of the types of fuel used to indicate the quantity annual employed in tonnes per year and the average PCI, in kcal/kg, for each of them.
2. Within a maximum of one month from their receipt, the competent bodies of the autonomous communities shall forward the information, including the annual summary reports, to the Directorate-General for Energy Policy and Mines for their taking reason in the register, with copy to the National Energy Commission.
3. In order to carry out the annual statistics on the implementation of the national targets included in the Renewable Energy Plan 2005-2010 and the Energy Efficiency Strategy in Spain (E4), the Directorate-General for Energy and Energy General of Energy Policy and Mines, in turn, will transmit and make available to the Institute for Diversification and Energy Saving all the information referred to here and which affects the facilities of the special regime and the cogeneration of more than 50 MW.
4. The documentation referred to in this Article shall be transmitted by telematic procedure referred to in Article 10.3 of this Royal Decree.
Article 20. Cession of the electrical energy generated by special arrangement.
1. The installations included in the special scheme may incorporate the whole of the net electricity produced into the system, understanding as such the gross electrical energy generated by the plant minus the consumption of the system of power generation.
2. For installations interconnected with the electricity grid, an agreement shall be required between the operator and the operator of the network concerned, which shall be formalised by a comprehensive contract of the extremes referred to in Article 16.
3. Special-speed equipment must be equipped with the necessary electrical energy measurement equipment to enable it to be liquidated, invoiced and checked, in accordance with the provisions of this royal decree and in the Regulation on the measurement of the consumption and transit of electric power, approved by Royal Decree 2018/1997 of 26 December.
In the event that the measure is obtained through a configuration that includes the computation of energy losses, the operator and the distribution company shall establish an agreement to quantify such losses. Such an agreement shall be reflected in the contract to be concluded by both subjects, as defined in Article 16.
When several production facilities on a special basis share connection, in the absence of agreement between them and with the network operator authorised by the competent authority, the energy measured shall be allocated to each installation, together with the with the corresponding loss imputation, in proportion to the individual measures.
Article 21. Power target compliance information system for each technology.
Within the maximum period of two months from the publication of this royal decree, the National Energy Commission will establish, an information system through its website, in which it will be determined, at each moment and for each technology, the total power with final registration in the administrative register of production facilities under special arrangements, with the degree of progress in relation to the power targets set out in Articles 35 to 42 of the present royal decree, the monthly evolution, as well as the estimated deadline for meeting the objective corresponding.
Article 22. Time limit for the maintenance of regulated tariffs and premiums.
1. Once 85% of the power target for a group or sub-group, as set out in Articles 35 to 42 of this Royal Decree, is reached, the maximum period during which the maximum period of time is fixed shall be determined by the Secretary-General for Energy. those facilities which are entered in the administrative register of production facilities under special arrangements before the date of completion of that period shall be entitled to the premium or, where appropriate, the regulated tariff laid down in the present royal decree for that group or sub-group, which may not be less than 12 months.
To this end, the National Energy Commission will propose to the General Secretariat of Energy a deadline, taking into account the analysis of the data reflected by the information system referred to in Article 21 and taking into account the speed of implementation of new installations and the average duration of the execution of the work for a project type of a technology.
2. Those installations which are definitively registered in the administrative register of production under special arrangements under the Ministry of Industry, Tourism and Trade, after the date of completion established for their technology, they shall be charged for the energy sold, if they have chosen the option (a) of Article 24 (1), a remuneration equivalent to the final hourly price of the production market, and if they have chosen option (b) the selling price of the electricity shall be the price resulting in the organised market or the price freely negotiated by the holder or the representative of the installation, supplemented, where appropriate, by the market complements applicable to it.
Without prejudice to the above, these facilities will be taken into account when setting new power targets for the 2011-2020 Renewable Energy Plan.
Article 23. Hybrid installations.
1. For the purposes of this royal decree, hybridization means the generation of electrical energy in an installation, using fuels and/or technologies of the following groups or sub-groups b.1.2, b.6, b.7, b.8 and c.4, according to the types and conditions set out in paragraph 2 below.
2. Only hybrid installations are supported according to the following definitions:
i. Type 1 hybridization: that which incorporates 2 or more of the main fuels indicated for the groups b.6, b.7, b.8 and c4 and which, as a whole, represent at least 90% of the primary energy used for their annual calculation. lower calorific powers.
ii. Type 2 hybridization: that installation of the subgroup b.1.2 which additionally incorporates 1 or more of the main fuels indicated for the groups b.6, b.7 and b.8. The electricity generation from these fuels must be lower, in the annual computation, to 50 percent of the total electricity production. Where, in addition to the main fuels indicated for the groups b.6, b.7 and b.8, the plant uses another primary fuel for the uses listed in Article 2.1.b, the electrical generation from the same shall not exceed, in the annual computation, the percentage of 10 percent, measured by its lower calorific value.
3. In the case of type 1 hybridization, registration shall be made in the groups or sub-groups which correspond to the percentage of participation of each of them, without prejudice to the perception of the remuneration corresponding to the role of the actual monthly contribution of each of the groups or sub-groups. Except in the case of cogeneration, in which case the installation shall be entered in the subgroup a.1.3. For the case of type 2 hybridization, the inscription shall be performed in the group b.1.2.
4. In the case of the use of a fuel referred to in this Article, but which has not been covered by the registration of the installation in the register, the holder of the installation shall communicate it to the competent body, together with the justification of the origin of the non-contemplated fuels and their characteristics, as well as the percentages of participation of each fuel and/or technology in each of the groups and sub-groups.
5. The hybridization shall only apply between the groups and sub-groups specified in this Article in the case where the holder of the installation maintains a sufficient documentary record to enable the determination to be determined in an unequivocal and unequivocal manner. the electrical energy produced attributable to each of the fuels and technologies of the specified groups and subgroups.
6. Failure to comply with the documentary record referred to in previous paragraph or fraud in the percentage of paid hybridization shall be sufficient to cause the repeal of the right of application of the economic regime governed by this royal decree and, where appropriate, to the opening of the relevant sanctioning procedure. If the option to sell energy at a regulated rate had been chosen, the suspension referred to would imply the perception of a price equivalent to the final market time price, rather than the tariff itself, without prejudice to the obligation, if any, to pay the cost of the deviations you incur.
CHAPTER IV
Economic Regime
SECTION 1. GENERAL PROVISIONS
Article 24. Mechanisms for the remuneration of the electrical energy produced under special arrangements.
1. In order to sell, in whole or in part, their net production of electrical energy, the operators of installations to which this royal decree is applicable must choose one of the following options:
a) Ceder the electricity to the system through the transport or distribution network, perceiving for it a regulated tariff, unique for all programming periods, expressed in euro cents per kilowatt-hour.
b) Sell electricity in the electricity production market. In this case, the selling price of electricity shall be the price resulting in the organised market or the price freely negotiated by the operator or the representative of the plant, supplemented, where appropriate, by a premium on euro cents per kilowatt-hour.
2. In both cases, the operator shall observe the rules contained in Section 2. of this Chapter IV, and shall also apply the specific legislation, regulations and regulations of the electricity market.
3. In accordance with Article 17 (d), the holder of a special scheme may in addition sell part of his energy through a direct line, without the economic regime governed by this royal decree being applicable to this energy.
4. The owners of installations to which this royal decree is applicable may choose, for periods not less than one year, the option to sell their energy that suits them best, which they will communicate to the distribution company and the General of Energy Policy and Mines, with a minimum of one month in advance, referring to the date of the change of option. That date shall be the first day of the first month in which the change of option is to be effective and shall be explicitly referred to in the communication.
5. The Directorate-General for Energy Policy and Mines shall take note of the option chosen and of any changes to the registration of the Administrative Registry of Electrical Power Production Facilities and shall communicate it to the Commission. National Energy and, where appropriate, system and market operators, to the effects of the liquidation of the energies.
Article 25. Regulated tariff.
The regulated tariff referred to in Article 24 (1) (a) consists of a fixed amount, which is unique for all programming periods, and which is determined on the basis of the category, group and sub-group to which the installation belongs, as of its installed power and, where applicable, seniority from the date of entry into service, in Articles 35 to 42 of this royal decree.
Article 26. Time discrimination.
1. The facilities of category (a) and groups b.4, b.5, b.6, b.7 and b.8, which have chosen the option (a) of Article 24.1, may, on a voluntary basis, benefit from the time-discrimination scheme of two periods:
| Summer | ||||
|
Valley | Punta | Valley | Valley | |
| 11-21 h | 21-24 h and 0-11 h | 12-22h | 22-24 h and 0-12 h | |
Winter time changes to summer or vice versa will match the official time change date.
2. The regulated fee to be charged in this case will be calculated as the product of the tariff corresponding to you for your group, subgroup, age and power range, multiplied by 1,0462 for the peak period and 0.9670 for the valley period.
3. The holder of an installation wishing to benefit from the scheme may do so for periods of not less than one year, which he shall communicate to the distribution company and to the Directorate-General for Energy Policy and Mines, at least one month in advance, referred to the date of the change of option. That date shall be the first day of the first month in which the change of option is to be effective and shall be explicitly referred to in the communication.
4. The acceptance of the time-based discrimination regime in this article may be carried out, in conjunction with the choice of sale regulated in Article 24 (4) of this royal decree. If it is not carried out jointly, the operator shall not be able to switch to the option for the sale of Article 24.1.b), as soon as he has not stayed in the same time-discrimination scheme for at least one year.
Article 27. Premium.
1. The premium referred to in Article 24.1.b) consists of an additional quantity at the price resulting from the organised market or the price freely negotiated by the operator or representative of the plant.
2. For certain types of installations belonging to category (b), a variable premium is established, depending on the price of the relevant market.
For these, a reference premium and lower and lower limits are established for the sum of the reference market price and the reference premium. For the sale of energy through the system of offers managed by the market operator, as well as for procurement contracts between the owners of the facilities and the traders whose energy is sold in the system of offers, the price of the relevant market will be the daily market price. For the remainder of the possibilities referred to in Article 24.1 (b), the reference market price shall be the price resulting from the application of the auction system set out in Order ITC/400/2007 of 26 February 2001. that the bilateral contracts signed by the distribution companies for the supply at tariff in the peninsular territory are regulated.
The premium to be perceived in each hour is calculated as follows:
i. For the reference market price values plus the reference premium between the upper and lower limit established for a given group and sub-group, the value to be collected shall be the reference premium for that group or sub-group, in that time.
ii. For reference market price values plus the reference premium less than or equal to the lower limit, the value of the premium to be collected shall be the difference between the lower limit and the daily market time price at that time.
iii. For reference market price values between the upper limit and the reference premium and the upper limit, the value of the premium to be collected shall be the difference between the upper limit and the reference market price. at that time.
iv. For reference market price values greater than or equal to the upper limit, the value of the premium to be collected shall be zero at that time.
3. The premium or, where applicable, reference premium, as well as the upper and lower limits are determined on the basis of the category, group and sub-group to which the installation belongs, as well as its installed power and, where appropriate, age from the date of entry into service, in Articles 35 to 42 of this royal decree.
Article 28. Complement by Efficiency.
1. Installations of the special scheme, which are required to comply with the equivalent electrical performance and those co-generations with an installed power greater than 50 MW and less than or equal to 100 MW, which in any case prove a Equivalent electrical performance exceeding the minimum by type of technology and fuel as set out in Annex I to this royal decree, shall receive an efficiency supplement, applicable only to the energy given to the system through the transport or distribution network, based on an incremental primary energy saving whose value shall be determined as follows:
Efficiency Complement = 1.1 x (1 /REEminimum -1/REEi) x Cmp
REEMinimum: Required minimum equivalent electrical performance shown in the table in Annex I.
REEi: Equivalent electrical performance accredited by the installation, in the year considered and calculated according to Annex I.
Cmp: unit cost of the natural gas raw material (in c€/kWhPCS) published periodically by the Ministry of Industry, Tourism and Trade, by means of the order in which the tariffs of sale of natural gas and manufactured gases by pipeline for pressure supplies equal to or less than 4 bar.
2. This supplement for greater efficiency will be paid to the installation regardless of the option of sale chosen in article 24.1 of this royal decree.
Article 29. Complement by reactive energy.
1. Any installation received under the special scheme, pursuant to this royal decree, irrespective of the option of sale chosen in Article 24 (1), shall receive a supplement for reactive energy for the maintenance of certain power factor values. This supplement is fixed as a percentage, depending on the power factor with which the energy of the value of 7.8441 c€/kWh is delivered, which will be reviewed annually. That percentage is set out in Annex V to this royal decree.
2. Those installations of the special scheme whose installed power is equal to or greater than 10 MW may be instructed to do so for the temporary modification of the value maintained. In the event of compliance with these instructions of the system operator, the maximum allowance referred to in Annex V shall be applied for the period in which it is found and in the event of non-compliance with the maximum penalty. referred to in the same Annex for that period.
The system operator may incorporate in these instructions the proposals received from the distribution network managers, and may delegate the instructions to the generators connected to their networks.
3. Without prejudice to the foregoing, installations which choose to sell their energy on the market pursuant to Article 24 (1) (b) and meet the requirements to be a supplier of the stress control service of the transport network may waive the the reactive energy supplement set out in this Article, and may participate voluntarily in the current stress control operation procedure, applying their remuneration mechanisms.
Article 30. Settlement of regulated tariffs, premiums and add-ons.
1. Installations which have chosen the option (a) of Article 24 (1) shall be settled with the National Energy Commission either directly or through their representative, the amount corresponding to the difference between the net energy actually produced, valued at the price of the regulated tariff corresponding to it and the liquidation carried out by the market operator and the operator of the system, as well as the related supplements, without prejudice to Article 34 of the royal decree.
2. Installations which have chosen option (b) of Article 24 (1) shall receive from the National Energy Commission either directly or through their representative the amount corresponding to the premiums and allowances applicable to it.
3. The payments corresponding to the concepts set out in paragraphs 1 and 2 above may be managed by a third party prior to authorization by the General Secretariat of Energy of the Ministry of Industry, Tourism and Trade, which must be independent of generation and distribution activities and be designated in accordance with the law of public administration contracts.
4. The amounts corresponding to these concepts will be subject to the corresponding liquidation process by the National Energy Commission, in accordance with the provisions of Royal Decree 2017/1997 of 26 December, which is organized and regulated by the Commission. the procedure for the settlement of the costs of transport, distribution and marketing at tariff, of the permanent costs of the system and of the costs of diversification and security of supply.
SECTION 2. PARTICIPATION IN THE ELECTRICITY MARKET
Article 31. Market share.
1. Installations which have chosen the option (a) of Article 24 (1) shall carry out the sale of their energy through the system of offers managed by the market operator for the purposes of quantifying energy deviations and, where appropriate, settlement of the cost of the same, either directly or through your representative. To do so, they will conduct zero-price energy sales offers on the daily market, and if any, offers in the intraday, in accordance with the prevailing Market Rules.
2. For the installations referred to in Article 34.2, the offer of sale shall be made in accordance with the best possible forecast with the data available or failing, in accordance with the production profiles set out in Annex XII of this royal decree.
3. The system operator shall liquidate both the cost of the deviations and the deficit of deviations corresponding to those facilities which are exempt from deviations, in accordance with the relevant operating procedures.
4. On a monthly basis, the market operator and the system operator shall forward to the National Energy Commission the information relating to the liquidation carried out on the premises which have chosen to sell their energy in accordance with option (a) of Article 24.1.
5. Installations which have chosen option (b) of Article 24 (1) may sell their energy either directly or indirectly by means of representation in the market for tenders or in the signing of bilateral contracts or in the negotiations to period.
6. The representative may be a market operator in which he or she is to negotiate the energy of his/her represented, who shall have to comply with the requirements and procedures laid down for that purpose.
If the subject to whom he represents an agent of the daily production market, it will not be necessary for the representative to be credited as such.
7. The representative may submit tenders for all the special arrangements to which he represents, grouped together in one or more units of supply, without prejudice to the obligation to disaggregate the offers by units of production married.
8. The dominant operators in the electricity sector, as determined by the National Energy Commission, as well as the legal entities involved in any of them, will only be able to act as representatives of production facilities under special conditions. of which they have a direct or indirect holding of more than 50%. This limitation should also be applied to the energy procurement contracts signed between the traders of the dominant operator and their special scheme facilities. It is understood that one company is involved in another company when the criteria set out in Article 185 of the Companies Act are met.
9. Holders of production facilities under ordinary conditions not belonging to the dominant operators, as well as the legal persons engaged by one of them, or third companies exercising the representation of facilities of (a) production facilities may act as representatives of production facilities on a special basis, with the appropriate separation of self-employed activities and an employed account, and up to a maximum limit of 5% of the joint share of the group of companies in the supply of the production market. These characteristics and limitations should also be applied to the energy procurement contracts signed between the non-dominant traders and the special scheme facilities. It is understood that one company is involved in another company when the criteria set out in Article 185 of the Companies Act are met.
10. The National Energy Commission shall be responsible for initiating the relevant sanctioning procedures in the event of non-compliance with the provisions of the previous paragraphs.
Article 32. Requirements to participate in the market.
In order to acquire the status of the subject of the production market, the owner of the installation or the representative must comply with the conditions set out in Royal Decree 2019/1997 of 26 December, for which he is organized and regulates the market for the production of electrical energy. Once such a condition has been acquired, or when any modification of the condition occurs, the system operator will communicate it within two weeks to the General Directorate of Energy Policy and Mines and to the National Energy Commission.
Article 33. Participation in system tuning services.
1. The installations covered by this royal decree which have chosen option (b) of Article 24 (1) may participate in the markets associated with the adjustment services of the potestative system, taking into account that:
(a) The minimum value of the tenders for participation in these system adjustment services shall be 10 MW, which may be achieved as an aggregate offer of several facilities.
(b) All special scheme facilities shall be eligible for participation, except those which are not manageable, subject to prior authorisation, from the Directorate-General for Energy Policy and Mines and the enabling of the system operator.
2. If the programme of production of a special system installation is modified by one of the system's adjustment services, this modification of the programme shall result in the payment entitlements and/or corresponding payment obligations. to the provision of the service, obtaining in any case the installation the right to the perception of the premium and the corresponding complements for the energy poured effectively to the net.
In this case, the system operator shall inform the relevant distributor, the market operator and the National Energy Commission of the amount due for this service, as well as the energy given.
3. Installations which have an obligation to meet a certain equivalent electrical performance when they are programmed by technical restrictions shall be exempted from the requirement of performance of the said performance during the period for such programming.
4. The General Secretariat for Energy shall establish, by way of resolution, a technical-economic procedure in which the treatment of cogeneration facilities for the solution of system congestion situations shall be established.
Article 34. Calculation and settlement of the cost of deviations.
1. Installations which have chosen option (a) of Article 24 (1) shall be passed on to the market for each programming period, the cost of diversion fixed on the market.
The cost of the deviation, in each hour, will be passed on to the difference, in absolute value, between actual production and forecast.
2. They shall be exempt from the payment of the cost of deviations from installations which have chosen the option (a) of Article 24 (1) and do not have an obligation to have equipment for a time measure, in accordance with the Regulation on the measurement of consumption and Electric power transits, approved by Royal Decree 2018/1997 of 26 December.
SECTION 3. FEES AND PREMIUMS
Article 35. Tariffs, and premiums for category (a) facilities: cogeneration or other from residual energy.
1. The fees and premiums for the facilities of category (a) shall be as referred to in Table 1 below:
Table 1
|
| Subgroup | Fuel | Power | Tarifa | Reference Prima |
|---|---|---|---|---|---|
|
|
| P≤0.5 MW | 12,0400 |
| |
| 0.5 | 9.8800 |
| |||
|
| 7.7200 | 2,7844 | |||
| 10 | 7,3100 | 2.2122 | |||
| 25 |
6,9200 | 1,9147 | |||
|
|
| P≤0.5 MW | 13,2900 |
| |
|
| 0.5 | 11,3100 |
| ||
| 1 | 9,5900 | 4,6644 | |||
|
|
9,3200 | 4,2222 | |||
| 25 | 8.9900 | 3,8242 | |||
| 0.5 | 10,4100 |
| |||
| 1 | 8.7600 | 3.8344 | |||
|
|
8,4800 | 3.3822 | |||
| 25 | 8,1500 | 2,9942 | |||
|
|
| P≤10 MW | 6,1270 | 3.8479 | |
| 10 | 4,2123 | 1,5410 | |||
| 25 |
3.8294 | 0.9901 | |||
|
| P≤10 MW | 4,5953 | 1.9332 | ||
| 10 | 4,2123 | 1,1581 | |||
| 25 |
3.8294 | 0.6071 | |||
|
| P≤10 MW | 4.6000 | 1.9344 | ||
|
| 4,2100 | 1,1622 | |||
| 25 | 3,8300 | 0.6142 |
2. Fuel cells shall be paid equal to that of the facilities of the sub-group a.1.1 of no more than 0,5 MW of installed power.
3. Where the use of the useful heat is carried out for the purposes of use as heat or cold for air conditioning, it shall be in accordance with Annex IX for a period of time other than one year and for calculate the remuneration for the energy that corresponds to it.
4. For installations of category a.1.3 the remuneration shall be that of the groups b.6, b.7 and b.8, plus the percentages set out in Table 2 below, provided that the equivalent electrical performance is met. required, in accordance with Annex I, without prejudice to the provisions of Section 5 of Chapter IV of this Royal Decree.
Table 2
| Subgroup | Fuel | Power | Deadline | Tarifa | Reference Prima |
|---|---|---|---|---|---|
|
a.1.3 | b.6.1 | P≤ 2 MW |
first 15 years | 16,0113 | 11.6608 |
| from then on | 11.8839 | 0.0000 |
|||
|
2 MW ≤ P | first 15 years | 14,6590 |
from then | 12.3470 | 0.0000 |
| b.6.2 | P≤ 2 MW |
| 12,7998 | 8,4643 | |
| from then |
8.6294 | 0.0000 | |||
|
2 MW < ≤ P | first 15 years | 10.7540 | 6.1914 | ||
|
| 8.0660 | 0.0000 | |||
| b.6.3 | P≤ 2 MW | first 15 years | 12,7998 | 8.4643 | |
|
from then | 8.6294 | 0.0000 | |||
| first 15 years | 11,8294 | 7.2674 | |||
|
| 8.0660 | 0.0000 | |||
| b.7.1 | first 15 years | 8,2302 | 4,0788 |
||
| from then | 6.7040 | 0.0000 | |||
| b.7.2 | P≤500 kW |
| 13,3474 | 10,0842 | |
| from then |
6.6487 | 0.0000 | |||
|
kW ≤ P | first 15 years | 9.9598 | 6,1009 | ||
| from then | 6,6981 | 0.0000 | |||
| b.7.3 | first 15 years | 5,3600 | 3.0844 |
||
| from then | 5,3600 |
0.0000 | |||
| b.8.1 | P≤ 2 MW |
| 12,7998 | 8,4643 | |
| from then |
8.6294 | 0.0000 | |||
| 2 MW ≤ P | first 15 years | 10,9497 | 6.3821 | ||
|
from then | 8.2128 | 0.0000 | |||
|
b82 | P≤ 2 MW | first 15 years | 9,4804 | 5,1591 | |
|
| 6.6506 | 0.0000 | |||
| 2 MW ≤ P | first 15 years |
7,1347 | 2,9959 | ||
| 7.1347 | 0.0000 | ||||
| P≤ 2 MW | first 15 years | 9,4804 | 5,4193 | ||
|
| 6.6506 | 0.0000 | |||
| first 15 years | 9,3000 | 4,9586 | |||
|
| 7.5656 | 0.0000 |
5. For the purposes of Articles 17 (c) and 22, it is established as the target of installed power of reference for category (a), 9215 MW, without prejudice to the provisions of Article 44.
Article 36. Fees and premiums for category (b) facilities.
The fees and premiums for category (b) facilities shall be as referred to in Table 3 below.
For some sub-groups, a different remuneration is envisaged for the first few years since it was put into service.
Table 3
|
| Subgroup | Power | Deadline | Tarifa | Prima | Limit | Limit | |
|---|---|---|---|---|---|---|---|---|
|
b.1 | b.1.1 | P ≤100 kW |
first 25 year | 44.0381 | ||||
| from then | 35.2305 | |||||||
| 100 kW | first 25 years | 4,7500 | ||||||
| from then | 33.4000 | |||||||
|
| first 25 years | 22.9764 | ||||||
| from then |
18,3811 | |||||||
| b.1.2 | first 25 year | 26,975 | 25,4000 | 34.3976 | 25,4038 | |||
| then | 21.5498 | 20,3200 | ||||||
|
b.2 | b.2.1 | first 20 years | 7.3228 | 2,9291 | 8,4944 | 7.1275 | ||
| from then | 6,1200 | 0.0000 |
|
| ||||
| b.3 | first 20 years | 6.8900 | 3.8444 | |||||
| from then | 6.5100 | 3,0600 | ||||||
| b.4 | first 25 years | 7.8000 | 2,5044 | 8.5200 | 6.5200 | |||
|
| 7.0200 | 1.3444 | ||||||
|
b.5 | first 25 years |
* | 2,1044 | 8.0000 | 6,1200 | |||
| ** | 1.3444 | |||||||
| b.6 | b.6.1 | P≤2 MW | first 15 years | 15,8890 | 11.5294 | 16,6300 | 15,4100 | |
|
thereafter | 11,7931 | 0.0000 |
|
| ||||
| MW ≤ P | first 15 years | 14,6590 | 10,0964 | 15,0900 | 14,2700 | |||
|
| 12.3470 |
|
|
|
||||
|
b.6.2 | P≤ 2 MW | first 15 years | 12,5710 | 8.2114 | 13,3100 | 12,0900 | ||
| 8.4752 | 8.4752 |
|
|
| ||||
|
first 15 years | 10,7540 | 6,1914 | 11,1900 | 10.3790 | ||||
| then | 8.0660 | 0.0000 |
|
| ||||
| b.6.3 | P≤ 2 MW | first 15 years | 12,5710 | 8.2114 | 13,3100 | 12,0900 | ||
| from then | 8,4752 |
0.0000 |
|
| ||||
|
2 MW ≤ P | first 15 years | 11,8294 | 7.2674 | 12,2600 | 11,4400 | |||
| from then | 8.0660 | 0.0000 |
|
|
||||
| b.7 | b.7.1 | first 15 years | 7,9920 | 3,7784 | 8.9600 | 7,4400 | ||
|
| 6.5100 | 0.0000 |
|
| ||||
| b.7.2 | P≤500 kW |
| 13,0690 | 9,7696 | 15,3300 | 12,3500 | ||
|
from then |
0.0000 |
|
| |||||
|
500 kW ≤ P | first 15 years | 9,6800 | 5,7774 | 11,0300 | 9,5500 | |||
|
from then | 6.5100 | 0.0000 |
|
| ||||
| b.7.3 | first 15 years | 5,3600 | 3.0844 |
5,1000 | 5,1000 | |||
| then | 5,3600 |
0.0000 |
|
| ||||
| b.8 |
b.8.1 | P≤2 MW | first 15 years | 12,5710 | 8.2114 | 13,3100 | 12,0900 | |
| from then | 8,4752 |
0.0000 |
|
| ||||
| first 15 years | 10,7540 | 6.1914 | 11,1900 | 10,3790 | ||||
| from then | 8.0660 |
|
|
| ||||
| b.8.2 | ||||||||
| first 15 years | 9,2800 | 4,9214 |
10,0200 | 8.7900 | ||||
| from then | 6.5100 | 0.0000 |
|
| ||||
|
2 MW ≤P | first 15 years | 6.5080 | 1.9454 | 6.9400 | 6,1200 | |||
|
| 6.5080 |
|
|
| ||||
| b.8.3 | ||||||||
| b.8.3 | rowspan="2"> first 15 years | 9,2800 | 5,1696 | 10,0200 | 8.7900 | |||
| from then | 6.5100 | 0.0000 |
|
| ||||
| 2 MW ≤ P |
first 15 years | 8.0000 | 3,2199 | 9.0000 |
7.5000 | |||
| from then | 6.5080 | 0.0000 |
|
|
* 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], with P being the power of the installation.
** The amount of the regulated tariff for the facilities of the group b.5 for the twenty-sixth and successive years from the start up shall be: 5,94 + 1,080 x [(50-P)/40], with P being the power of the installation.
Article 37. Rates and premiums for category (b) facilities, group b.1: solar energy.
Without prejudice to the provisions of Article 36 above for the premises of group b.1 and the provisions of Article 44, for the purposes of Articles 17 (c) and 22, it is established as a power objective. Reference installed for subgroup b.1.1, 371 MW and sub-group b.1.2, 500 MW.
Article 38. Rates and premiums for category (b) facilities, group b.2: wind energy.
Without prejudice to the provisions of Article 36 above, for the premises of the group b.2:
1. For the facilities of the subgroup b.2.2, the maximum reference premium for the purposes of the concurrency procedure for the granting of zone reserve for wind installations in the territorial sea shall be 8,43 c€kWh and the limit above, 16,40 c€/kWh.
2. For the purposes of Articles 17 (c) and 22, it is established as the target of installed reference power for wind technology, 20,155 MW without prejudice to the provisions of Article 44.
Article 39. Rates and premiums for category (b) facilities, group b.3: geothermal, wave, tidal, hot and dry rocks, oceanographic, and marine currents.
Without prejudice to the provisions of Article 36 above, for the premises of the group b.3, the right to the collection of a fee or premium, specific to each installation, may be determined during the first 15 years. from its commissioning.
The calculation of this premium for each installation shall be carried out through the data obtained in the application model in Annex VII.
Article 40. Tariffs and premiums for category (b) facilities, groups b.4 and b.5: hydroelectric power.
Without prejudice to the provisions of Article 36 above, for the installations of groups b.4 and b.5 and to deter them in Article 44, for the purposes of Articles 17 (c) and 22, it is established as the objective of Installed reference power for power hydroelectric technology of less than or equal to 10 MW, 2,400 MW.
Article 41. Tariffs and premiums for category b facilities, groups b.6, b.7 and b.8: biomass and biogas.
Without prejudice to the provisions of Article 36 above, for the installations of groups b.6, b.7 and b.8, and the provisions of Article 44, for the purposes of Articles 17 (c) and 22, it is established as the target installed power of reference for installations using as fuel those collected for groups b.6 and b.8, 1,317 MW and for those of fuel in the group b.7, 250 MW. In such cases, equivalent powers of biomass or biogas in co-combustion plants shall not be considered within the targets of the installed power of reference.
Article 42. Fees and premiums for category (c) installations: waste.
1. The fees and premiums for the facilities of category (c) shall be as referred to in Table 4 below.
Table 4
|
| Regulated Rate | Reference Prima |
|---|---|---|
|
c.1 | 5.36 | |
| 5.36 | ||
| 3.83 | ||
| c.4 | 5.20 | 1.74 |
2. For the purposes of Articles 17 (c) and 22, it is established as the target of installed power of reference for the group c.1, 350 MW, without prejudice to the provisions of Article 44.
Article 43. Tariffs and premiums for hybrid installations as referred to in Article 23.
The premiums or charges applicable to electricity to the grid, in hybrid installations, will be valued according to the primary energy provided through each of the technologies and/or fuels, according to the Annex X.
Article 44. Updating and reviewing rates, premiums, and add-ons.
1. The rates and premiums of sub-groups a.1.1 and a.1.2 shall be updated on a quarterly basis on the basis of changes in the benchmark values of the fuel price indices as defined in Annex VI and the national price index. consumption (hereinafter the CPI) in the same period. This update will be done in accordance with the procedure set out in Annex VII to this royal decree.
Those installations, in sub-groups a.1.1 and a.1.2 which have completed ten years of operation, shall have a correction for seniority in the update for subsequent years, in accordance with the provisions of the Annex VII (c).
However, that installation which at the entry into force of the present royal decree is already in operation will not experience the aforementioned correction by antiquity, well until it has been fifteen years since the date In service or until ten years after the entry into force of this royal decree, what is before it happens.
For sub-groups a.2 and a.1.4 the remuneration shall be updated annually on the basis of the evolution of the CPI and the coal price, respectively, as set out in Annex VII.
The amounts of tariffs, premiums, supplements and lower and upper limits of the market time price defined in this royal decree, for category b) and subgroup a.1.3, shall be updated annually by reference to the increase of the CPI minus the value established in the first provision of the present royal decree.
Rates and premiums for the installations of groups c.1, c.2 and c.3 shall be maintained for a period of 15 years from the start of the installation, updating, for groups c.1 and c.3, annually by reference to the CPI, and those corresponding to the group c.2, in the same way as the group's cogenerations a.1.2 of the power range between 10 and 25 MW that they use as fuel oil. For the installations of group c.4, the tariffs and premiums shall be updated annually, taking into account the increase in the CPI, as well as the evolution of the electricity market and the price of coal in international markets.
2. The amounts of tariffs, premiums, allowances and lower and upper limits of the market time price resulting from any of the updates referred to in the preceding paragraph shall apply to the whole of the installations of each group, regardless of the date of commissioning of the installation.
3. During the year 2010, in view of the results of the follow-up reports on the degree of compliance with the Renewable Energy Plan (PER) 2005-2010 and the Energy Savings and Efficiency Strategy in Spain (E4), as well as the new objectives to be included in the next Renewable Energy Plan for the period 2011-2020, will proceed to the revision of the tariffs, premiums, complements and lower and upper limits defined in this royal decree, taking into account the costs (a) to the extent to which the special scheme is involved in the coverage of the demand and its impact on the technical and economic management of the system, always guaranteeing reasonable rates of return with reference to the cost of money in the capital market. Every four years thereafter, a new review will be carried out in keeping with the above criteria.
The revisions referred to in this paragraph of the regulated tariff and of the upper and lower limits shall not affect the facilities whose entry into service act would have been granted before 1 January of the second year subsequent to the year in which the review was carried out.
4. The National Energy Commission is enabled to circulate the definition of the technologies and facilities, as well as to collect information on the investments, costs, revenues and other parameters of the different technologies. actual installations that configure the type technologies.
SECTION 4. 3RD FACILITIES THAT CAN ONLY CHOOSE TO SELL THEIR ELECTRICAL ENERGY ON THE MARKET
Article 45. Installations with power exceeding 50 MW.
1. Installations with an installed power of more than 50 MW as described in Article 30.5 of Law 54/1997 of 27 November are obliged to freely negotiate their net electricity production on the market.
2. Installations of technologies similar to those of category b), except hydroelectric power plants, of an installed capacity of more than 50 MW, shall be entitled to receive a premium, applied to electricity sold on the market, equal to that of a 50-year installation MW of the same group and sub-group and, where applicable, same fuel and age from the date of entry into service, as determined in Article 36, multiplied by the following coefficient:
0.8-[(Pot -50)/50) x 0.6], for installations up to 100 MW, or
0.2 x Pot, for the rest,
being Pot, the power of the installation, in MW, and if in this case apply the lower and upper limits foreseen in it, multiplied by the same coefficient, in each case.
3. Those facilities of technology similar to those of category c), of an installed power greater than 50 MW and not more than 100 MW, shall be entitled to receive a premium, applied to electricity sold to the market, equal to the premium of an installation of 50 MW of the same group and fuel, as determined in Article 42, multiplied by the following coefficient:
2 * [1-(Pot/100)]
being Pot, the power of the installation, in MW.
4. Those co-generations of installed power greater than 50 MW and not more than 100 MW, provided that they meet the minimum requirement for compliance with the equivalent electrical performance as determined in Annex I, shall be entitled to receive a premium, applied to electricity sold to the market, equal to the premium of a 50 MW installation of the same group, sub-group and fuel, as determined in Article 35, multiplied by the following coefficient:
2 * [1-(Pot/100)]
being Pot, the power of the installation, in MW.
5. Those co-generations of installed power greater than 50 MW and less than or equal to 100 MW shall also be entitled to receive the efficiency supplement defined in Article 25 of this royal decree.
6. For the purposes of this article, the owners of the facilities must submit an application to the Directorate General for Energy Policy and Mines, in the terms set out in Chapter II of this royal decree for the Installations of the special scheme.
7. The facilities referred to in this Article must be entered in the first section of the Administrative Register of electrical energy production facilities, with an annotation on the margin indicating the particularity provided for in the paragraphs above.
Article 46. Installations of co-combustion of biomass and/or biogas in thermal power plants of the ordinary system.
1. Without prejudice to the transitional provisions laid down in the eighth transitional provision, the ordinary system of thermal installations may use as an additional fuel biomass and/or biogas of those considered for groups b.6 and b.7 in the terms set out in that provision. in Annex II.
By agreement of the Council of Ministers, after consultation with the Autonomous Communities, the right to the perception of a premium, specific to each installation, may be determined during the first fifteen years since its entry into service.
The calculation of this premium for each installation shall be carried out through the data obtained in the application model in Annex VIII.
The premium shall only apply to the proportional share of electricity produced attributable to the biomass and/or biogas on the total of the energy produced by the installation, based on the primary energy.
2. All these installations must be included in the first section of the Administrative Register of electrical energy production facilities, with an annotation on the margin indicating the particularity provided for in the previous paragraph.
Article 47. Installations which were subject to the scheme provided for in Royal Decree 1538/1987 of 11 December 1987.
The Minister of Industry Tourism and Trade, may determine the right to the perception of a premium, for that installation, of power equal to or less than 10 MW, than to the entry into force of the said Law of the Electrical Sector it would have been subject to the scheme provided for in Royal Decree 1538/1987 of 11 December 1987 determining the electricity tariff of the undertakings in the service, when making a sufficient investment in the service in order to increase the capacity for the production of electrical energy.
To do this, the owner of the installation will have to direct a request to the Directorate General of Energy Policy and Mines of the Ministry of Industry and Tourism, attaching a technical-economic project that justifies the improvements to execute and the viability of the same, who shall make a motion for a resolution, after the National Energy Commission has informed the Commission of the right to the collection of a premium, and the amount of the premium.
SECTION 5. TH PERFORMANCE REQUIREMENT FOR COGENERATIONS
Article 48. Compliance with equivalent electrical performance for generations.
1. Any cogeneration facility which is required to comply with the requirements set out in Annex I to this Royal Decree shall calculate and accredit at the end of the year the actual equivalent electrical performance achieved by its installation. For this purpose it must also credit and justify the useful heat produced by the plant and effectively used by the consumer installation of the plant.
2. On the other hand, the owner of the installation shall carry out an annual self-validation which includes the calculation of the supplement for efficiency, as defined in Article 28 of this royal decree,
In the case of the use of heat-based heat, the operator shall carry out the self-determination to be determined in accordance with Article 35 (3) and Annex IX.
3. The owner of the installation shall be responsible for submitting and crediting to the competent authority the relevant economic settlement sheet with the following concepts:
a) Power in central bars (E) or total net generation of the installation, as well as the gross generation of electricity, measured in generator terminals.
b) Fuel or fuels used (quantity and PCI; Q).
(c) economically justifiable heat (V), derived from cogeneration measured and applied to the customer or consumer, accompanied by a Technical Memory of use, specifying the proposed mechanism and used to perform the measure of the mentioned useful heat.
d) Associated thermal energy consumption, per unit of finished product and manufactured by the thermal energy customer. This accreditation shall be carried out by an entity recognised by the competent authority.
Article 49. Communication of the suspension of the economic regime.
1. Those installations which are required to comply with an equivalent minimum electrical performance as set out in Annex I, except for sub-group installations a.1.3, may communicate the suspension of the economic regime associated with their status as a installation of the special scheme on a temporary basis. If the option for the sale of energy to a regulated tariff has been chosen, the remuneration to be charged shall, during that period, be a price equivalent to the final market time, instead of the tariff itself, without prejudice to the compliance with the provisions of Article 34 of this royal decree.
Those installations of the group a.1.3, may communicate the suspension of the economic regime associated with that group, on a temporary basis. In that case, they shall, during the period, receive the remuneration corresponding to that of the premises of the groups b.6, b.7 or b.8, according to the fuel used.
2. In any event, the communication referred to in paragraph 1 above shall be forwarded to the competent body of the autonomous community, indicating the date of application and the total duration of the said suspension period. A copy of that communication shall also be sent to the Directorate-General for Energy Policy and to the National Energy Commission.
3. The suspension period may be enjoyed only once a year and shall be for a minimum of one month and a maximum of six months, during which the performance of the equivalent electrical performance shall not be required.
4. The communication obligation referred to in paragraph 1 above to the facilities referred to in Article 35.3 shall not apply.
Article 50. Penalty for non-compliance with equivalent electrical performance.
1. For installations not included in the sub-group .1.3 which in one year have not been able to meet the equivalent electric performance required in accordance with Annex I to this Royal Decree and which have not made the communication to which it refers Article 49 shall apply to them, during that year, the remuneration scheme referred to in this Royal Decree or in previous decrees in force on a transitional basis, applied to electricity which, in accordance with the actual and Useful heat certificates in that year, would have met the equivalent electrical performance required.
The difference between the net generated electricity in that year and the one that would have met the equivalent electricity yield required will not receive premium, in case of the option to sell to the market or will be repaid with a price equivalent to the final market time in the case of the option to sell at regulated tariff.
2. To those facilities of the subgroup a.1.3 which in a certain year have not been able to meet the equivalent electrical performance required according to Annex I to this Royal Decree and which have not made the communication referred to in the Article 49 shall apply to them, during that year, the remuneration scheme referred to in this royal decree for the premises of the group b.6, b.7 or b.8, depending on the fuel used.
3. The non-compliance referred to in the first and second paragraphs may be produced only once over the life of the plant. In the event of a second non-compliance, the right to the application of the scheme shall be revoked. (a) the economic situation in which the Commission has decided to impose a transitional measure on the basis of Article 2 (2) of Regulation (EC) No. If you have chosen the option to sell energy at a regulated rate, the remuneration to be charged would be a price equivalent to the final price of the market, rather than the same rate.
The suspension of the economic regime by reason of the non-compliance with the equivalent electric performance shall be reflected by an annotation on the margin in the administrative register of production facilities under special arrangements, indicating this particularity.
4. Those cogeneration plants which, after carrying out an inspection, cannot prove compliance with the values communicated in the calculation of the equivalent electrical performance of their installation shall be subject to the sanctioning dossier. to open the Ministry of Industry, Tourism and Trade.
Article 51. Inspection of the generations.
1. The General Administration of the State, through the National Energy Commission, and in collaboration with the competent bodies of the corresponding Autonomous Communities, will carry out periodic and random inspections throughout the current year, on cogeneration plants subject to compliance with the annual equivalent electricity performance requirement as defined in Annex I, following the criteria of choice and indications which the General Secretariat of Energy Ministry of Industry, Tourism and Trade imposes in each case, adjusting the total number of inspections carried out annually at a minimum of 10 per cent of the total of existing cogeneration facilities, representing at least 10 per cent of the power installed within the relevant sub-group.
2. In order to carry out these inspections, the National Energy Commission may be served by an entity recognized by the General Administration of the State. Such inspections shall be extended to the verification of the technical and comfort processes and conditions giving rise to the use of useful heat, in accordance with the definition of Article 2 (a) of this Royal Decree.
ADDITIONAL PROVISIONS
First. The value to be debrought from the IPC for the updates referred to in this royal decree.
The reference value set for the CPI removal referred to in this royal decree for the updates of some established securities shall be twenty-five basis points up to 31 December 2012 and fifty basis points from then on
Second. Power warranty.
They shall be entitled to the recovery of remuneration for a guarantee of power, where appropriate, those facilities which are covered by the special scheme which have chosen to sell their energy freely on the market, in accordance with Article 24.1.b), except for installations using a non-manageable primary energy.
With regard to the remuneration for the guarantee of power, the same legislation, regulations and regulations will apply to these facilities, and under the same conditions, as to the electricity producers in ordinary regime.
Third. Installations of power equal to or less than 50 MW not included in the scope of this royal decree.
Those installations of power equal to or less than 50 MW not included in the scope of this royal decree, belonging to companies linked to distribution companies to which the transitional provision refers Article 11 (1) of Law 54/1997 of 27 November 1997 may give its energy to the distribution company until the end of the transitional period referred to in the fifth transitional provision, which is invoiced at the final price of the market production of electrical energy in each programming period. After the end of this transitional period, they will sell their energy in the same way as the special regime facilities that have chosen the option (a) of Article 24.1 of this royal decree, charging for their energy the final price of the electricity production market in each programming period.
Fourth. Installations covered by the first transitional provision or transitional provision second to Royal Decree 436/2004 of 12 March.
The installations which at the entry into force of the present royal decree were accepted to the transitional provision first or transitional arrangement second of Royal Decree 436/2004, of March 12, will be automatically included in the category, group and sub-group corresponding to the new royal decree according to the technology and fuel used, maintaining its registration.
Fifth. Amendment of the incentive for certain facilities of category (a) defined in Royal Decree 436/2004 of 12 March.
Since the entry into force of the aforementioned Royal Decree-Law of 23 June, and until the entry into force of this royal decree, the amount of the incentives regulated in Royal Decree 436/2004 of 12 March, is amended to the facilities: of the subgroup a.1.1 of more than 10 MW and not more than 25 MW of installed power, being established at 1,9147 c€/kWh during the first fifteen years since its start up and at 1.5318 c€/kWh thereafter; for those of the subgroup a.1.2 of more than 10 MW and not more than 25 MW of installed power, being established at 1,1488 c€/kWh and for those of the group a.2 of more than 10 MW and not more than 25 MW of installed power, being established at 0.7658 c€/kWh, for the first ten years since its start up and at 1,1488 c€/kWh thereafter.
Sixth. Installations of installed power greater than 50 MW and not more than 100 MW of Royal Decree 436/2004 of 12 March.
1. Those installations of installed power greater than 50 MW and not more than 100 MW, which would have been covered by the first transitional provision of Royal Decree 436/2004 of 12 March establishing the methodology for updating and systematization of the legal and economic regime of the activity and production of electrical energy under special regime, shall be entitled to the recovery by reactive energy regulated in Article 29 of this royal decree.
2. Those of the plants referred to in paragraph 1, which use energy recovery as primary energy waste, shall receive a premium for their energy sold on the market of EUR 1,9147 c€/kWh to be updated annually with the an increase in the CPI, for a maximum period of 15 years from its entry into service.
3. Similarly, those of the installations referred to in paragraph 1, which use cogeneration with natural gas, provided that it involves at least 95% of the primary energy used, measured by the lower calorific value, and always which meet the requirements set out in the Annex, shall receive a premium for their energy sold on the market of EUR 1,9147 c€/kWh which shall be updated annually with the same increase as they apply to the facilities of the category a.1.2 of this royal decree, for a maximum period of 15 years from its entry into service.
Seventh. Complement for continuity of supply in front of voltage gaps.
Those wind installations which, before 1 January 2008, have final registration in the administrative register of production facilities under special arrangements, under the Ministry of Industry, Tourism and Trade will have the right to receive a specific supplement, once they have the necessary technical equipment to contribute to the continuity of supply in the face of voltage gaps, as established in the For a period of time, the period of validity of the period shall be: not more than five years, and which may be extended until 31 December 2013,
Regardless of the option of sale chosen in Article 24.1 of this royal decree, this supplement will have the value of 0.38 cent€/kWh. This value will be reviewed annually, according to the increase of the CPI minus the value established in the additional provision first of this royal decree.
This supplement will be applicable only to wind installations accredited to the distribution company and to the General Directorate of Energy Policy and Mines a certificate of an entity authorized by the Ministry of Energy. Industry, Tourism and Trade to demonstrate compliance with the required technical requirements, in accordance with the relevant verification procedure.
The General Directorate of Energy Policy and Mines will take note of this improvement in the registration of the administrative registry of electric power production facilities and will communicate it to the National Energy Commission, to the the clearance of the energies and the system operator for the purposes of their consideration for production control purposes where this is applicable to the preservation of the security of the system.
This supplement shall be invoiced and cleared by the National Energy Commission in accordance with Article 27.
Eighth. Access and connection to the network.
As long as the Ministry of Industry, Tourism and Commerce does not establish new technical standards for the connection to the electrical grid of the installations submitted to this royal decree, regarding access and connection and without prejudice to the existence of other references existing in the current legislation shall be subject to the provisions of Annex XI.
Ninth. Renewable Energy Plan 2011-2020.
During the year 2008, the study of a new Renewable Energy Plan for its implementation in the period 2011-2020 will begin. The setting of new targets for each renewable area and, where appropriate, capacity constraints, will be carried out in accordance with the evolution of the national energy demand, the development of the electricity grid to allow for maximum integration into the system under conditions of security of supply. The new targets to be set will be considered in the review of the remuneration scheme for the special scheme planned for the end of 2010.
10th. Turnover of the surplus energy of the cogeneration facilities referred to in the transitional provision 8. 2. of Law 54/1997 of 27 November.
The turnover of the surplus energy incorporated into the system by the cogeneration facilities referred to in the Transitional Provision 8. 2. of Law 54/1997 of 27 November 1997 during the period of validity of the Transitional provision must correspond to that made to the distribution company, on the basis of the electrical configuration of its interconnection between the producer-consumer and the network, in accordance with what was established at the time by the competent body on the authorities of the installations.
11th. Information procedure for hydraulic installations in a water catchment area.
All holders of hydroelectric production facilities belonging to the same river basin, when the management of their production is conditioned by a common hydraulic flow, shall follow the procedure of information to be established by Resolution of the Director General of Energy Policy and Mines, including and with the corresponding hydrographic confederation, in order to minimize the management of deviations in their production.
12th. Special arrangements for island and extra-island electrical systems.
In island and extra-island electrical systems (SEIE) the operating procedures established in these systems will be applied, and market access references should be understood as access to the technical office of energy in accordance with the conditions and requirements set out in Royal Decree 1747/2003 of 19 December 2003 regulating the island and extra-island electrical systems, and the regulations that develop it.
13th. Cost and cost sharing mechanisms.
Before a year has passed since the entry into force of this royal decree, the operators of the transport and distribution networks, will raise to the Ministry of Industry, Tourism and Commerce a proposal of the type mechanisms for the allocation of costs and costs to be applied to producers of special arrangements, or to those of the same technologies of the ordinary scheme as beneficiaries, as a result of the implementation of connection and reinforcement facilities or network modification required to assign them access to the network.
Such mechanisms shall be objective, transparent and non-discriminatory and shall take into account all the costs and benefits arising from the connection of such producers to the network, provided to the operator and the owner of the network. of transport and distribution, to the producer or producers that are initially connected, to the subsequent producers or producers. The cost and cost sharing arrangements may cover different types of connection and shall consider all the impact of the power and energy provided by the new production facility and the costs and benefits of the new production facility. different technologies from renewable energy sources and distributed generation used. They shall at least address the following concepts:
a) Level of voltage and frequency.
b) Configuring the network.
c) Maximum power to deliver and sue.
d) Distribution of consumption.
e) The current capacity of the receiving network.
f) Influence on the loss regime on the receiving network.
g) Tension Regulation.
h) Power/frequency regulation.
i) Resolution of technical constraints.
j) Temporary distribution of network usage by the various agents.
k) Repercussion on network operation and management.
l) Quality of supply.
m) Product quality.
n) Security and reliability.
o) Costs and benefits of the generation technology used.
Fourteenth. Estimating connection costs.
The operators of the transmission and distribution networks shall in any event provide the applicant with a connection point for an electrical energy production facility of the special scheme or the same technology of the scheme. In accordance with Article 4 (2) of Regulation (EU) No 62014, the Commission shall, in accordance with Article 4 (2) of Regulation (EU) No 62014
provide the following information:TRANSIENT PROVISIONS
First. Installations covered by categories (a), (b) and (c) of Royal Decree 436/2004 of 12 March.
1. Installations covered by categories (a), (b) and (c) of Article 2 of Royal Decree 436/2004 of 12 March, which shall have final entry into service, prior to 1 January 2008, may be maintained in the transitional period laid down in this Regulation. in the following paragraph. For this purpose, before 1 January 2009, they will have to choose one of the two options for the sale of electricity as referred to in Article 22.1 of Royal Decree 436/2004 of 12 March, without the possibility of a change of option. In the case where the option chosen is option (a) of that Article 22.1, the present transitional arrangements shall apply for the remainder of the life of the installation. In case of not communicating an option change, it will become permanent from the date cited
To the facilities referred to in the previous paragraph, which have chosen the option (a) of Article 22.1, the rates regulated in this royal decree shall not apply to them. Those who have chosen option (b) of Article 22.1 may maintain the values of the premiums and incentives set out in Royal Decree 436/2004 of 12 March, instead of those laid down in this royal decree, until 31 December of 2012.
These facilities will be registered with an annotation on the margin, indicating the particularity of being in a transitional arrangement, derived from Royal Decree 436/2004, of March 12.
The liquidation of the incentives will be done according to what is established for the premiums in Article 30 of this royal decree.
2. Any extension of one of these facilities will be of general application in this royal decree. For these purposes, the energy associated with the extension shall be the part of the electrical energy proportional to the power of the enlargement against the total power of the installation once extended and those referred to the power shall be by that power total after the extension has been made.
3. However, these facilities will be able to fully benefit from this royal decree, before 1 January 2009, by means of express communication to the Directorate-General for Energy Policy and Mines, requesting, if necessary, the corresponding amendment of their registration on the basis of the categories, groups and sub-groups referred to in Article 2.1.
In the case of full acceptance of this royal decree before January 1, 2008, a different sale option may be chosen from among those referred to in Article 24.1 of this royal decree without having to have a period of time. minimum on that option.
Once you have received this royal decree, the facilities will not be able to return to the economic regime described in this transitional provision.
4. The installations of Group b.1 of Royal Decree 436/2004 of 12 March, which are automatically understood to be included in this royal decree, shall be exempt from this transitional provision, maintaining their registration, category and power effects of the determination of the economic regime of the remuneration with which they were authorised in the relevant administrative register.
Second. Installations covered by category d) and the second transitional provision of Royal Decree 436/2004 of 12 March.
1. The facilities under category (d) of Royal Decree 436/2004 of 12 March, and those included in its second transitional provision, which use cogeneration for the treatment and reduction of waste from the agricultural, livestock and livestock sectors services, provided that they represent a high energy performance and satisfy the requirements set out in Annex I, that the entry into force of this royal decree is in operation, the following shall apply to them:
1.1 All installations will have a maximum transitional period of 15 years and individualised by plant, from their commissioning, during which they will be able to sell the net generated energy according to the option provided in the Article 24.1 (a) of this royal decree.
1.2 The rate you will receive each group will be as follows:
Treatment facilities and reduction of pig farm slurry: 10.49 c€/ kwh.
Treatment facilities and reduction of sludge derived from olive oil production
9.35 c€/ kwh.
Other treatment and sludge reduction facilities: 5.36 c€/ kwh.
Treatment and reduction facilities for other wastes, other than those listed in previous groups: 4.60 c€/ kwh.
1.3 Rates will be updated in the same way as subgroups a.1.1 and a.1.2 of this royal decree.
1.4 These facilities will be implemented by the reactive energy supplement set out in Article 29 of this royal decree.
2. It shall also provide for the transitional period and other conditions in the previous paragraph for treatment and reduction facilities for pig holdings and for the treatment and reduction of sludge included in the provision. Royal Decree 436/2004's second transitional period of March 12, which, with the necessary financing to undertake its complete construction, will carry out the commissioning before two years have passed since the publication of this royal decree.
For these new installations, the sum of the nominal powers for the case of pig holding facilities shall be no more than 67,5 MWe, and for sludge derived from the production of olive oil, of 100 MWe. From the moment the sum of the nominal powers of these installations exceeds the previous value, and only in that case, the tariff referred to in paragraph 1.2 of this transitional provision shall be corrected for all installations listed in this paragraph 2 by the relationship:
67,5/Total installed power received at this disposal (MW), or,
100/Total Installed Power Host to this provision (MW), respectively.
3. The treatment and reduction facilities for pig holdings shall be submitted annually to the competent authority of the Autonomous Community, in addition to the summary of the summary referred to in Article 14, an environmental audit in which the equivalent quantity of 95 per cent of the moisture processed by the installation in the previous year is explicitly collected. The interested party must submit, at the same time, a copy of this documentation to the General Directorate of Energy Policy and Mines and to the National Energy Commission.
It shall be sufficient grounds for the competent authority to revoke the authorisation of the installation as a production facility under special arrangements, except for duly justified reasons of force majeure:
(a) failure to comply with the energy efficiency requirements set out in Annex I. For the calculation of equivalent electric performance, it shall be considered as a useful heat equivalent to the drying process of the purines of 825 kcal/kg equivalent of 95 percent moisture pork purines.
b) the annual treatment of less than 85 percent of the amount of pork slurry for which the plant was designed according to the installed electrical power.
(c) the treatment of other types of residues, organic substrates or products other than pork slurry, in the case of plants that do not integrate anaerobic digestion in their process.
d) the treatment of more than 10 percent of other residues, organic substrates or products other than pork slurry, in the case of plants that integrate an anaerobic digestion in their process.
4. The treatment and drying facilities for sludge derived from olive oil production must be submitted annually to the competent authority of the autonomous community, in addition to the summary of the summary referred to in the Article 14, an environmental audit in which the amount of sludge equivalent to 70 per cent of moisture treated by the installation in the previous year is explicitly collected. The interested party must submit, at the same time, a copy of this documentation to the General Directorate of Energy Policy and Mines and to the National Energy Commission.
It shall be sufficient grounds for the competent authority to revoke the authorisation of the installation as a production facility under special arrangements, except for duly justified reasons of force, non-compliance with the energy efficiency requirements set out in Annex I. For the calculation of the equivalent electrical performance, the maximum useful heat of the sludge drying process resulting from the production of olive oil shall be considered to be 594 kcal/kg of sludge equivalent to 70 per cent of moisture, not being allowed to dry with humidity greater than 70 percent.
5. Any of these facilities will be able to opt in full to this royal decree, through express communication to the Directorate General of Energy Policy and Mines. In any case, due to its transitory period, the installation that still does not has received this royal decree will be automatically received, maintaining its registration. In both cases, the migration shall be carried out under category (a), within the group and sub-group corresponding to the power and type of fuel, not being able to revert to the economic regime described in this transitional provision.
Third. Pre-registration.
Those installations which, at the entry into force of this royal decree, will have the act of commissioning for tests, must, within six months of their entry into force, request a new registration, in the terms regulated in this rule.
Fourth. Attachment to the control center.
Those installations of the special scheme, with a power exceeding 10 MW as referred to in the transitional provision novena of Royal Decree 1634/2006 of 29 December laying down the electricity tariff from 1 January 1990. From January 2007, they shall have a transitional period until 30 June 2007 during which the penalty provided for in the second paragraph of Article 18 (d) shall not apply.
Fifth. Compliance with the procedure of operation 12.3.
1. Those wind installations whose final registration date in the administrative register of production facilities under special arrangements, dependent on the Ministry of Industry, Tourism and Trade is before 1 January 2008 and technology is considered technically adaptable, have until 1 January 2010 to be adapted to comply with the procedure of operation P.O. 12.3.
2. If they do not do so, they shall no longer receive the fee or, where appropriate, the premium provided for in this royal decree, or in actual previous decrees which will be in force on a transitional basis. If the option of sale chosen was the sale at regulated tariff, the non-compliance with this obligation would imply the perception of a price equivalent to the final price of the market, rather than the tariff itself.
3. In the case of operating facilities to which compliance with the minimum requirements referred to above is impossible for their technical configuration, their holders shall be required to prove that, before 1 January 2009, before 1 January 2009. Directorate-General for Energy Policy and Mines, who shall, where appropriate, decide upon the system operator to report, exempting the installation of the penalty referred to in paragraph 2 above.
4. The aforementioned requirements accreditation shall be considered by the system operator for the purposes of production control, where applicable and appropriate for the purposes of system security.
Sixth. Market share and settlement of tariffs, premiums, add-ons and deviations until the entry into force of the figure of the last resort marketer.
1. As from the entry into force of this royal decree and until the entry into force of the figure of the marketer of last resort, scheduled for 1 January 2009, the installations which have chosen the option (a) of Article 24 (1) of this Regulation Royal decree, which are not connected to a distributor of those referred to in the transitional provision of Law 54/1997, of 27 November, of the Electrical Sector, must sell their energy in the system of offers managed by the operator of the market through the execution of offers, through a representative in his own name, at the price zero.
For these purposes, until 1 January 2009, the distributor to whom his energy is giving up shall act as a representative of last resort as soon as the operator of the plant does not communicate his desire to operate through the another representative. The choice of a representative shall be communicated to the distributor at least one month before the date of commencement of operation with another representative.
2. From 1 July 2008, the distribution company shall receive from the generator under special arrangements it has chosen the option (a) of Article 24 (1), where it acts as its representative, a price of EUR 0,5 c€/kWh, as a representation in the market.
3. The representative shall make a single aggregate offer for all installations to which he represents that he has chosen the option (a) of Article 24.1, without prejudice to the obligation to disaggregate the married offers by production units.
For the installations referred to in Article 34.2, the offer shall be made according to the best possible forecast with the data available or in default, according to the production profiles collected in the Annex XII to this royal decree.
The installations referred to in Article 34.1, when their representative is the distribution company, may communicate to the latter an estimate of the electrical energy to be given to the network in each of the periods of programming of the electricity production market. In this case, the forecasts of the 24 periods of each day must be reported with at least 30 hours in advance of the start of that day. They may also make corrections to the programme at the start of each intra-day market. The distribution company will use these forecasts to make the offer on the market.
If the installations are connected to the transport network, they must communicate those forecasts, in addition to the corresponding distributor, to the system operator.
4. The system operator shall pay both the cost of the deviations, and the shortfall of deviations corresponding to those facilities which are exempt from forecast, in accordance with the relevant operating procedures.
For installations which have chosen the option (a) of Article 24.1, where their representative is the distributor, a cost of diversion shall be passed on for each programming period in which the actual production is siphon more than 5 percent of its individual forecast, with respect to its actual production. The deviation in each of these programming periods shall be calculated, for each installation, as the absolute value of the difference between the forecast and the corresponding measure.
5. On a monthly basis, the market operator and the system operator shall forward to the distributor the information relating to the liquidation carried out on the premises which have chosen to apply the option (a) of Article 24.1, which is necessary for the completion of the settlement referred to in the following paragraph
.6. The representative shall receive from the distribution company the corresponding amount for each installation, the difference between the energy actually measured, valued at the price of the regulated tariff corresponding to it and the liquidation carried out by the market operator and the operator of the system, as well as the related supplements, without prejudice to Article 34 of this royal decree.
7. For installations which directly pour their energy to a distributor of those listed in the 11th transitional provision of Law 54/1997 of 27 November 1997, the liquidation of the regulated tariff will be carried out in a single payment by the the distribution company, and without taking into account the mechanism for the sale of energy on the market at regulated tariff, as set out in paragraphs 1 to 6 above.
8. The premiums, incentives and supplements, regulated in this royal decree and in actual previous decrees, in force on a transitional basis, will be liquidated to the generator under special regime or to the representative for the distribution company until he enters into the figure of the marketer of last resort, scheduled for January 1, 2009, according to article 30 of this royal decree.
9. Distributors who, by virtue of the application of this transitional provision, have made payments to installations of the special scheme or their representatives, shall be entitled to be liquidated for the quantities actually paid out by the Regulated tariff concepts, premiums, supplements and, where applicable, incentives.
The amounts corresponding to these concepts will be subject to the corresponding liquidation process by the National Energy Commission, in accordance with the provisions of Royal Decree 2017/1997 of December 26, for which organizes and regulates the procedure for the settlement of the costs of transport, distribution and marketing at tariff, of the permanent costs of the system and of the costs of diversification and security of supply.
10. Likewise, until the entry into force of the figure of the marketer of last resort, scheduled for January 1, 2009, the following aspects that were collected in Royal Decree 436/2004, of March 12, will continue in force:
(a) The contract concluded between the distribution company and the holder of the production facility hosted by the special scheme shall contain, in addition to the aspects referred to in Article 16.1, the following:
i. Economic conditions, in accordance with Chapter IV of this royal decree.
ii. Collection of the regulated tariff or, where applicable, the premium and the energy-reactive supplement for the energy delivered by the operator to the distributor. It is also included the charging of the supplement for efficiency and which will be produced once they have been accredited to the administration of the accumulated annual values and the calculation of their amount.
(b) In the case of connection to the transport network, the technical contract for access to the transport network, in addition to the provisions of Article 16.2, shall be communicated to the distribution company.
(c) The distribution company shall have the obligation to pay the regulated tariff, or, where appropriate, the premium and any additions that apply to it, within the maximum period of 30 days after the receipt of the corresponding invoice. After this maximum period of time without the payment having been made effective, interest on late payment will begin to be accrued, which will be equivalent to the legal interest of the increased money by 1.5 points. Such interest shall increase the right of recovery of the operator of the plant and must be satisfied by the distributor and may not be included within the costs recognised by the energy purchases under the special scheme for the purposes of the settlement of activities and regulated costs as set out in Royal Decree 2017/1997 of 26 December.
(d) The electrical energy sold must be transferred to the nearest distribution company having sufficient technical and economic characteristics for its subsequent distribution. In the event of a discrepancy, the Directorate-General for Energy Policy and Mines or the competent authority of the autonomic administration will resolve what is appropriate, prior to the mandatory report of the National Energy Commission.
However, the Directorate-General for Energy Policy and Mines may authorise, for the purposes of the corresponding economic settlement, that the nearest distribution company may acquire the electricity from the facilities, even if they exceed their needs, provided that the said distribution company is connected to another distribution company, in which case it will give its surplus to the latter company.
(e) During the period in which the plant is participating in the market, the economic conditions of the sales contract which it has signed with the distribution company will remain in abeyance, with the remaining conditions in force, techniques and connection included in the contract.
(f) Without prejudice to energy which may be compromised by physical bilateral contracts, those power plants installed equal to or less than 50 MW which could not be implemented by this royal decree, they shall not be required to present economic offers to the market operator for all programming periods and may make such offers for the periods they deem appropriate.
11. Until the date laid down in the first subparagraph of this transitional provision, the requirement referred to in Article 12 (1) (d) shall not apply to installations which have chosen option (a) of Article 24 (1) for the sale of their products. energy, unless they go directly to the market for tenders.
12. Until the date set out in the first subparagraph of this transitional provision, power installations of 1 MW or less that have chosen the option (a) of the Article shall be exempt from payment of the cost of deviations. 24.1.
13. Until 30 September 2007, installations of installed power equal to or less than 5 MW which have chosen the option (a) of Article 24.1 shall be exempt from payment of the cost of diversion.
Seventh. Repowering of wind installations with a final registration date before 31 December 2001.
1. Those wind installations with a final registration date in the Register of power production facilities prior to 31 December 2001 may make a substantial modification the object of which is to replace their wind turbines by others of greater power, under certain conditions, and which shall be hereinafter referred to as repotentiation.
2. A power limit target is set, for the purposes of the economic regime set out in this royal decree of 2000 MW additional to the installed power of the facilities liable to be repotented, and that the effects of the limit set out in Article 38.2.
3. For these installations, by agreement of the Council of Ministers, after consultation with the Autonomous Communities, the right to an additional premium may be determined, specified for each installation, maximum of 0,7 c€/kWh, to be paid up to 31% of the December 2017.
4. These installations must be attached to a generation control centre and must have the necessary technical equipment to contribute to the continuity of supply in the face of voltage gaps, in accordance with the procedures of the corresponding operation, due to the new facilities.
5. Provided that the installed power does not increase by more than 40 percent and that the installation has the necessary equipment to ensure that the able power is not to be exceeded at any time by the electric power authorized for its evacuation before repotenement, a new request for access to the appropriate distribution network operator or system operator shall not be required. Otherwise, the holder of the installation must make a new application for access, in the terms provided for in Title IV of Royal Decree 1955/2000 of 1 December 2000, which governs the activities of transport, distribution, marketing, supplies and authorisation procedures for electrical energy installations.
Eighth. Use of biomass and/or biogas for co-combustion plants.
There are two transitional periods, in which the thermal installations of the ordinary regime set out in Article 46 of this Royal Decree may also use biomass of that considered for the group b.8, in the terms set out in Annex II, within the following deadlines and percentages:
1. Until 31 December 2013, they may use any type of biomass and/or biogas considered for groups b.6, b.7 and b.8, in accordance with the terms set out in Annex II.
2. From 1 January 2014 until 31 December 2015, they may use up to 50% for the joint contribution of the biomass considered for the group b.8 measured by its lower calorific value.
Ninth. Remuneration for power guarantee for non-consumable renewable energy installations until 31 May 2006.
For the purposes of the calculation by guarantee of power for non-consumable renewable primary energy installations, since the entry into force of Royal Decree 436/2004 of March 12, establishing the methodology for the updating and systematization of the legal and economic arrangements for the production of electrical energy by special arrangements and until 31 May 2006, if there are no five years of net production measured for the month, the remuneration of the the power guarantee for such installations shall be calculated by valuing net production at 0,48 c€/kWh.
10th. Installations using cogeneration for the drying of by-products of the production of olive oil.
The special scheme facilities which at the entry into force of this royal decree were using cogeneration for the drying of by-products from the olive oil production process, using as fuel the biomass generated therein, may be used for the present transitional arrangement, for the entire life of the installation, by means of express communication to the General Directorate of Energy Policy and Mines.
These facilities will be listed in sub-group a.1.3 of Article 2, with the tariff and premium values being 13,225 cent€/kWh and 8.665 cent€/kWh respectively, instead of those referred to in Article 35 for these installations. facilities, to be collected, for a maximum period of 15 years from the start up.
These facilities will be subject to the updating criteria referred to in Article 44 of this royal decree for category b.
REPEAL PROVISION
Unica. Regulatory repeal.
Without prejudice to its transitory application in the terms provided for in this royal decree, the Royal Decree 436/2004 of 12 March, establishing the methodology for updating and systematization, is repealed. of the legal and economic regime of the activity of electrical energy production in special regime, as well as any other provision of equal or lower rank in what is opposed to this royal decree.
FINAL PROVISIONS
First. Modifying the calculation configurations.
The modification of the configurations, in the calculation of energy exchanged in special regime borders, discharged in the concentrators of their managers of the reading as a consequence of the entry into force of the Royal Decree Law of 23 June, which adopts urgent measures in the energy sector, will be requested by the special regime producers to be in charge of the reading by providing the new information according to the applicable operating procedures.
Reading managers will modify the calculation configurations for those special regime borders requested that meet the new requirements according to the information provided and within the deadlines set in the applicable operating procedures.
Second. Amendment of Royal Decree 1955/2000 of 1 December 2000 regulating the activities of the transport, distribution, marketing, supply and authorisation procedures of electrical energy installations.
1. Article 59a of Royal Decree 1955/2000 of 1 December 2000 regulating the activities of the transport, distribution, marketing, supply and authorisation procedures of electrical energy installations is hereby amended, as amended by Regulation (EC) No 205/96. follows:
" Article 59a. Guarantees for the processing of the request for access to the transport network for new production facilities under special arrangements.
For the new production facilities under special arrangements, the applicant, before making the request for access to the transport network must submit to the Directorate General of Energy Policy and Mines General Deposit Box of having submitted an endorsement for an amount equivalent to 500 €/kW installed for photovoltaic installations or 20 €/kW for other installations. The presentation of this safeguard shall be a prerequisite for the initiation of the procedures for access and connection to the transport network by the system operator.
The endorsement will be canceled when the petitioner obtains the installation act of the installation. If throughout the procedure, the applicant voluntarily desists from the administrative processing of the installation or does not respond to the requirements of the Administration of information or action made within three months, shall proceed with the implementation of the endorsement. It shall be taken into account when assessing the withdrawal of the sponsor, the result of prior administrative acts which may condition the viability of the project. '
2. It shall not be necessary to raise the amount, if appropriate, of the guarantee referred to in paragraph 1 above to those installations which, at the entry into force of this royal decree, have deposited the security corresponding to 2% of the the budget of the facility, in force until the entry into force of this provision.
3. A new Article 66a is added, with the following wording:
" Article 66a. Endorsements for processing the request for access to the distribution network for new production facilities under special arrangements.
For new production facilities on a special basis, the applicant, before making the request for access to the distribution network, must have submitted an endorsement for an amount equivalent to 500 €/kW installed for photovoltaic installations or 20 €/kW for other installations. The presentation of this safeguard will be a prerequisite for the initiation of access procedures and connection to the distribution network by the distribution network manager.
Photovoltaic installations placed on decks or parts of buildings for housing, commercial or industrial premises or offices shall be excluded from the presentation of this guarantee.
The endorsement will be canceled when the petitioner obtains the installation act of the installation. In the case of installations where the obtaining of an administrative authorization is not necessary, the cancellation shall be made when the final registration of the installation is made. If throughout the procedure, the applicant voluntarily desists from the administrative processing of the installation or does not respond to the requirements of the Administration of information or action made within three months, shall proceed with the implementation of the endorsement. It shall be taken into account when assessing the withdrawal of the sponsor, the result of prior administrative acts which may condition the viability of the project. '
4. The production facilities under special arrangements which, at the date of entry into force of this royal decree, have not obtained the corresponding authorization of access and connection to the distribution network, must present the aforementioned reservation in the Article 66 (a) of Royal Decree 1955/2000 of 1 December 2000 within a maximum period of three months from the date of this royal decree. After that time limit without the applicant having submitted the same, the competent authority shall initiate the procedure for cancelling the application.
Third. Basic character.
This royal decree has a basic character under the terms of Article 149.1.22. and 25. of the Constitution.
The references to the procedures will only apply to the state competition facilities and, in any event, will be in accordance with the provisions of Law 30/1992 of 26 November of the Legal Regime of the Administrations. Public and the Common Administrative Procedure.
Fourth. Development of regulations and amendments to the content of the Annexes.
The Minister of Industry, Tourism and Commerce is hereby authorized to issue any provisions necessary for the development of this royal decree and to modify the values, parameters and conditions laid down in its Annexes, if considerations regarding the correct development of the technical or economic management of the system so advise.
In particular, the Minister of Industry, Tourism and Trade is authorised to issue any technical instructions necessary to establish a system of certification of biomass and biogas considered for groups b.6, b.7 and b.8, which includes the traceability of the same.
The General Secretariat of Energy is enabled to amend the target power limits targets set out in Articles 35 to 42 upwards, provided that this does not compromise the security and stability of the system and consider necessary.
The Secretary-General of Energy is also authorised to amend the content of Annex XII concerning the time profiles for photovoltaic and hydraulic installations.
Fifth. Incorporation of European Union law.
By means of the additional provisions thirteenth and fourteenth, Articles 7.4 and 7.5 of Directive 2001 /77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity generated from renewable energy sources in the internal electricity market.
Sixth. Entry into force.
This royal decree shall enter into force on the first day of the month following that of its publication in the "Official Gazette of the State".
Given in Madrid, 25 May 2007.
JOHN CARLOS R.
The Minister of Industry, Tourism and Trade
JOAN CLOS I MATHEU
ANNEX I
Minimum performance for production installations
1. The performance of the facilities is given by the formula:
R = (E + V) /Q
where:
Q = primary energy consumption, measured by the lower heat power of the fuels used.
V = production of useful heat or useful thermal energy defined in accordance with Article 2 (1) (a) of this Royal Decree. In the case where the demand is cooling, the corresponding useful thermal energy shall take the same value as the final cooling demand which satisfies cogeneration.
E = generated electrical energy measured in alternator bornes and expressed as thermal energy, with an equivalent of 1 kWh = 860 kcal.
2. It is considered as primary energy imputable to the production of useful heat (V) as required by high efficiency boilers in commercial operation.
A performance for the production of useful heat equal to the Ref H defined in paragraph 3 of this Annex, which may be reviewed in the light of the technological evolution of these processes, is fixed.
3. The equivalent electrical performance (REE) of the installation shall be determined, in accordance with the above paragraph, by the formula:
REE = E/ [Q-(V/ Ref H)]
Being:
Ref H: Performance reference value for separate heat production as published in Annex II to the Commission Decision of 21 December 2006 laying down harmonised reference values for the separate production of electricity and heat, in accordance with the provisions of Directive 2004 /8/EC of the European Parliament and of the Council or a standard transposing it.
For the determination of the equivalent electrical performance at the time of the extension of the commissioning act, the parameters Q, V and E shall be counted for an uninterrupted period of two hours of operation at load nominal.
For the purpose of justifying compliance with the equivalent electrical performance in the annual declaration, the parameters Q, V and E accumulated during that period shall be used.
4. It shall be a necessary condition to be eligible for the special scheme governed by this royal decree, for the production facilities of the group a.1 of Article 2.1 and for those which are covered by the second transitional provision of the actual present This requirement, which the equivalent electrical performance of the installation, on average for an annual period, is equal to or greater than that corresponding to the following table is applicable to them according to the following table:
|
Type | Equivalent Electrical Performance-Percentage |
|---|---|
|
49 | |
| liquid fuels in thermal engines |
56 |
|
fuels |
49 |
|
gas and LPG in thermal engines | 55 |
| Natural Gas and LPG in gas turbines | 59 |
|
Other technologies and/or fuels | |
| Biomass included in groups b.6 and b.8 | 30 |
| and/or biogas included in the group b.7 | 50 |
For installations whose installed power is less than or equal to 1MW, the required minimum equivalent electric performance value shall be 10 per cent lower than the one shown in the table above by type of technology and fuel.
5. The calculation of the average annual period referred to in the previous paragraph shall be excluded from the calculation of the hours in which the installation was programmed by the system operator to maintain its production when the consumer process The associated power reduces the power demanded in response to a power reduction order. Therefore, the values of Q, V and E shall be the values for the remainder of the annual period.
6. In installations using several conventional fuels, the minimum performance required shall be applied to each of the conventional fuels, depending on the ratio of Q and E to which they are technically imputable.
7. For the verification of equivalent electrical performance, both for existing and new installations, local measurement equipment and totalizers shall be installed. Each of the Q, V and E parameters must have at least one measurement team.
ANNEX II
Biomass and biogas that can be included in groups b.7, b.8 and b.9 of Article 2.1
A. Scope of application
For the purposes of this royal decree, biomass shall be understood as the biodegradable fraction of products, by-products and residues from agriculture (including substances of plant origin and origin). animal), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste.
The autonomous communities, in the field of their competencies, may consider, for the case of forest biomasses, the availability and requirements of raw materials in the sectors related to the transformation of the wood, in the long term, establishing, where appropriate, the corresponding adjustment mechanisms.
The biomass and biogas types considered in Article 2.1 are described below:
Products included in group b.6.
Products included in the subgroup b.6.1.
a) Agricultural energy crops.
Biomass, of agricultural origin, produced specifically and solely for energy purposes, through the activities of cultivation, harvesting and, if necessary, processed raw materials collected. According to their origin they are divided into: herbaceous or woody.
b) Forest energy crops.
Biomass of forest origin, derived from the main use of forest masses, originated by cultivation, harvesting and, if necessary, processed raw materials collected and whose final destination is energy.
Products included in the subgroup b.6.2.
a) Waste of agricultural activities.
Residual biomass originating during the cultivation and first processing of agricultural products, including that from the removal processes of the shell where appropriate. The following products are included:
1. Arable agricultural waste:
1.1. From the cultivation of cereals: straws and others.
1.2. From horticultural productions: greenhouse crop residues.
1.3. Crops for agro-industrial purposes, such as cotton or flax.
1.4. Crops of legumes and oilseeds.
2. Woody agricultural residues: from the podes of woody agricultural species (olive groves, vineyards and fruit trees).
b) Waste of gardening activities.
Residual biomass generated in the cleaning and maintenance of gardens.
Products included in subgroup b.6.3:
Waste of forest and other forest exploitation in forest masses and green spaces.
Residual biomass produced during the performance of any type of treatment or selviculture in forest masses, including bark, as well as that generated in the cleaning and maintenance of green spaces.
Products included in group b.7.
Products included in the subgroup b.7.1:
Landfill biogas.
Products included in the subgroup b.7.2, biogas from anaerobic digestion in digester of the following residues, both individually and in co-digestion:
a) industrial biodegradable waste.
(b) sewage sludge from urban or industrial waste water.
c) urban solid waste.
d) livestock waste.
e) agricultural waste.
(f) others to which the anaerobic digestion procedure applies.
Products included in the subgroup b.7.3:
g) Stylersprouts by combustion.
h) Liquid biofuels and by-products derived from their production process.
Products included in group b.8.
Products included in the subgroup b.8.1, biomass from industrial facilities in the agricultural sector:
1. Residues from the production of olive oil and olive-pomace oil.
2. Residues from the production of olives.
3. Residues from the extraction of seed oils.
4. Waste from the wine industry and alcohol.
5. Waste from industries will retain.
6. Waste from the beer and malt industry.
7. Waste from the nut production industry.
8. Waste from the rice production industry.
9. Residues from the processing of algae.
10. Other agro-industrial waste.
Products included in the subgroup b.8.2, biomass from industrial facilities in the forest sector:
1. Waste from the first processing forest industries.
2. Wastes from the forest industries of second transformation (furniture, doors, carpentry).
3. Other wastes from forest industries.
4 Waste from the recovery of lignocellulosic materials (packaging, pallets, furniture, building materials, ...)
Products included in subgroup b.8.3:
Black liquor from the paper industry.
Products including co-combustion facilities.
Any of those indicated in the above groups b.6, b.7 and b.8, when they are used in conventional thermal power plants by means of co-combustion technologies.
B. Exclusions.
Not to be considered biomass or biogas, for the purposes of this royal decree:
1. Fossil fuels, including peat, and their products and by-products.
2. Wood waste:
(a) Treaties chemically during industrial production processes.
b) Mixed with chemicals of inorganic origin.
c) Otherwise, if their thermal use is prohibited by the legislation.
3. Any type of biomass or biogas contaminated with toxic substances or heavy metals.
4. Paper and paperboard.
5. Textiles.
6. Animal carcasses or parts thereof, where the legislation provides for the management of such waste other than energy recovery.
C. Energy efficiency.
Power generation systems to condensation, with biomass and/or biogas must reach the following levels of efficiency for their gross generation of electrical energy:
1. A minimum of 18% for powers up to 5 MW
2. A minimum of 20% for powers between 5 and 10 MW
3. A minimum of 22% for powers between 10 and 20 MW
4. A minimum of 24% for powers between 20 and 50 MW
The efficiency calculation will be performed according to the following formula:
Efficiency = [PEB] x 0.086
EPC
Where:
[PEB]: Annual gross electricity production, in MWh.
EPC: primary energy consumed, in tons of oil equivalent, accounting for PCI (lower calorific power).
The failure to achieve the established efficiency levels may lead to the revocation of the status of electricity producer under special arrangements, or to the suspension of the regulated economic regime in the actual present decree.
ANNEX III
Enrollment model in the registry
Central:
Central Technology Name (1)
Site: street or square, place, etc.
Township
Province
Group to which you belong (article 2)
Distributor company to be dumped
Number of groups
Total rated power in kW
rated power of each group in kW
Hydraulics:
Rio
Jump in meters
Flow in m3 per second
Classic Thermal:
Fuel Type (s)
Headline:
Name:
Address
Township
Province
Start Date:
Enrollment date (in the autonomic record):
Provisional
Definitive
En, a .... de 2 .....
(1) Fluent hydraulics, pure pumping, mixed pumping, gas turbine, condensing steam turbine, counterpressure steam turbine, combined cycle, diesel engine, others (specify).
ANNEX IV
Annual Memoria-Summary
ANNEX V
Plug-in for reactive power
The following power factor values and corresponding bonus/penalty percentage values shall be considered for all special regime units applicable in the following time periods:
|
Factor Type | Power Factor | Bonification% | ||
|---|---|---|---|---|
| Punta | Llano | Valley | ||
| Inductive | Fp < 0.95 | -4 | -4 | 8 |
| -3 | 0 | 6 | ||
|
| 0 | 0 | ||
|
0.98 > Fp ≥ 0.97 | -1 | 0 | 2 | |
|
1.00 > Fp ≥ 0.98 | 0 | 2 | 0 | |
|
| 1.00 | 0 | 4 | 0 |
|
1.00 Fp ≥ 0.98 | 0 | 2 | 0 | |
|
0.98 > Fp ≥ 0.97 |
|
-1 | ||
| 4 | 0 | -2 | ||
|
| 0 | 0 | ||
| Fp < 0.95 | 8 | -4 | -4 | |
Power factor regulation will be performed at the point of connection to the system and will be obtained by making use of the installation's counter-logger measuring equipment. It shall be calculated with two decimal places and the rounding shall be done by default or by excess, depending on whether the third decimal number is less than five. Each hour, at the point of connection of the installation with the network, must be kept within the periods of peak, plain and valley of type three of the time discrimination, in accordance with paragraph 7.1 of Annex I to the Order of the Ministry of Industry and Energy of 12 January 1995.
Add-on percentages will be applied on a hourly basis, being performed at the end of each month, a monthly computation, which will be billed and cleared accordingly.
ANNEX VI
Request for inclusion of co-combustion plants in Article 46
For the purposes of inclusion in Article 46 of the co-combustion plant the following information shall be provided:
A) THERMAL CENTRAL DATA FOR EACH OF YOUR GROUPS
1) Fuel used.
-Fuel Type:
-Medium calorific power (kcal/kg):
-Annual Quantity Used (t/year):
-Total cost acquisition cost (€/year):
2) Power of the power plant
-Thermal power of the boiler (MW):
-boiler performance (%):
-Steam pressure (bar):
-Steam temperature (ºC):
-nominal steam flow (t/h):
-Gas turbine thermal power (MW):
-Central nominal gross power (MW):
-Central nominal net total power (MW):
-Total gross nominal power of the gas turbine (MW):
-Total net nominal power of the gas turbine (MW):
-Central annual gross power (MW):
-Central annual average net power (MW):
3) Energy produced and yields
-Annual Hours of Operation:
-Gross energy produced annually (MWh/year):
-Net energy produced annually (MWh/year):
-Fuel consumption ratio per nominal gross kWe produced (kg/kWe and kWt/kWe):
-Fuel consumption ratio per nominal net kWe produced (kg/kWe and kWt/kWe):
-Average fuel consumption ratio per average gross kWe produced (kg/kWe and kWt/kWe):
-Average fuel consumption ratio per average net kWe produced (kg/kWe and kWt/kWe):
B) CHARACTERISTICS OF THE CO-COMBUSTION PLANT
Description of the co-combustion installation:
1) Fuel 1,2, ....
-Naming:
-Medium calorific power on dry basis (kcal/kg):
-Average Humidity (%):
-Medium calorific value based on humidity (kcal/kg):
-Annual quantity consumed (t/year):
-Annual Quantity consumed (MWh/year):
-Total fuel acquisition cost in plant (€/year):
2) Power
-Thermal power of the co-combustion plant for a lower heat power of the 3,500 kcal/kg fuel on a dry basis (MW):
-Increase/decrease in the nominal gross power of the plant for the installation of co-combustion (MW and% on the nominal gross power of the plant):
-Increase/decrease in consumption of the plant by reason of the co-combustion plant (MW and% over the middle and nominal powers of the plant):
3) Energy produced:
-Annual thermal power plant operating hours:
-Annual operating hours of the co-combustion facility:
-Total gross electrical energy produced by the plant after the co-combustion is installed (MWh/year):
-Total gross electrical energy produced by the plant after the co-combustion is installed (MWh/year):
-Gross electric power produced by the plant due to the fuel consumed by the combustion (MWh/year):
-Conventional fuel consumption ratio + biomass and/or biogas per nominal gross kWe produced (kg/kWe and kWt/kWe):
-Conventional fuel consumption ratio + biomass and/or biogas per nominal net kWe produced (kg/kWe and kWt/kWe):
-Conventional fuel consumption ratio + biomass and/or biogas per average gross kWe produced (kg/kWe and kWt/kWe):
-Conventional fuel consumption ratio + biomass and/or biogas per average net kWe produced (kg/kWe and kWt/kWe):
4) Investment:
-Co-combustion installation investment cost (€):
5) Staff:
-Total number of persons contracted for the operation of the co-combustion facility, hours/year worked and total cost of such personnel.
6) Technology used:
-Description of co-combustion technology:
-Consumers associated with fuel handling:
7) Description System for measuring biomass and/or biogas:
ANNEX VII
Updating the remuneration of category a facilities
The methods of updating the rates and allowances shown in this annex are based on the variations in fuel price indices (hereinafter IComb) and the variation in the CPI.
For the case of the subgroup a.1.1 will be taken as IComb the natural gas price index "IGNn" being this the average value during the natural quarter "n" of the sale price of natural gas applied by the market to their co-generating customers both in the liberalised and regulated market, divided by the corresponding third quarter of 2006 and multiplied by 100.
The Ministry of Industry, Tourism and Commerce will calculate and publish quarterly the corresponding value to be applied, based on the data provided by the marketing companies, that serve gas to the segment of cogeneration customers. This data being:
Total Revenuei : Total Remuneration obtained by the "i" marketer for all gas sold for cogeneration, as aggregation of its customers at tariff and market, for the entire time period of the quarter "n"
Volumen_Totali : Total amount of energy as MWh of natural gas expressed in P.C.S. that the marketer has sold to its co-generating customers, as aggregation of its customers at tariff and market, throughout the time period of the "n" quarter.
For this purpose all distribution and marketing companies, with a sales volume exceeding 1,000 GWh per year to co-generators, will supply the total revenue and energy volume data specified above and They shall forward them to the Directorate General for Energy Policy and Mines of the Ministry of Tourism and Trade at a quarterly frequency, the quarters being considered the four natural quarters, and should send the information cited above. corresponding to the previous quarter, before the 20th of the months of April, July, October and January each year.
For the subgroup a.1.2 will be taken as ICombn the average value, during the natural quarter "n", of the average CIF cost of crude imported by Spain, obtained from the data published monthly by the Ministry of Industry, Tourism and Trade in the Statistical Bulletin of Hydrocarbons, divided by the corresponding third quarter of 2006 and multiplied by 100.
The initial reference values for these fuel price indices, with which calculations have been made that have resulted in the rate and premium values set out in Article 35 of this Royal Decree, are:
cogeneration natural gas price index (IGN0): 100
CIF imported crude CIF price index (PF0): 100
CPI variation percentage 0.556%
a) Update of tariffs and premiums for subgroups a.1.1 and a.1.2.
a.1.) Rates
The rates with which the net production of the sub-groups is remunerated a.1.1 and a.1.2 that are included in the article 35 of this royal decree, will be updated quarterly by the Ministry of Industry, Tourism and Trade, using the corresponding order according to the following update formula:
Pvn + 1 = Pvn * (1 + IPCn) * (1 + ΠnPv) (1)
Where:
Pvn + 1: Rate in effect for quarter "n + 1".
Pvn: Sales rate in effect for quarter "n".
IPCn: (expressed in percentage): CPI variation.
ΠnPv: Global correction for the corresponding fuel price index (IComb) and for growth in the actual CPI rate
Being in turn:
. ΠnPv = A* ΠnlComb + B* ΠnIPC (2)
Where:
. ΠnlComb = [(1 + Π nlComb)/(1 + IPCn)] -1
being:
. ΠnlComb = (ICombn -ICombn-1)/ICombn-1
ICombine: Fuel price index after upgrade for quarter "n".
. ΠnIPC = (IPCn -IPCn-1)/IPCn-1
IPCn: Consumer Price Index at end of quarter "n"
A, B: Fixed coefficients of update dependent on the power level and the fuel used. The values are listed in table nº1 attached to this annex.
a.2.) Prima
Similarly, the premium defined in Article 27 of this royal decree will be updated on a quarterly basis, for subgroups a.1.1. and a.1.2., replacing the previous formula (1) respectively Pvn + 1 with Crn + 1 and Pvn with Crn, so the expression of the premium update formula is as follows:
Crn + 1 = Crn * (1 + IPCn) * (1 + ΠnPv) (3)
the same terms/coefficients and methodology as defined above, in paragraph a.1) of this annex, are applicable for the tariff update and are common in terms of upgrade formulas.
The Ministry of Industry, Tourism and Commerce will proceed to update the premiums referred to in this paragraph, with a quarterly frequency based on the index of fuel prices and on the basis of also of the evolution of the CPI.
Table with coefficients A and B of the update formula (2) in section a.1) of this annex
Table n. 1
|
| Power (MW) | A | B |
|---|---|---|---|
|
G. N. | P < 1 | 0.5404 | -0.0402 |
|
| P < 1 | 0.6203 | -0.0269 |
| Fuel Oil | P < 1 | 0.5872 | -0.0295 |
| 1 < P < 10 | 0.6956 | -0.0186 |
b) Rate and premium update for subgroup a.1.4 and group a.2.
For the group's facilities, a single annual update of tariffs and premiums will be carried out according to the evolution of the CPI published by the Ministry of Economy through the National Statistics Institute. For the update of the subgroup a.1.4, account shall be taken of the variation in the price of coal on international markets.
Rate
Pvn + 1 = Pvn * (1 + IPCn)
Premium
Crn + 1 = Crn * (1 + IPCn)
c) Correction by age for the installations of the groups a.1.1 and a.1.2.
To those installations of groups a.1.1 and a.1.2 which have exceeded the number of years of exploitation referred to in Article 44.1, a correction shall be applied to them by age so that the values of Pv and Cr shall be expressed as a product of the updated tariffs or premiums which correspond to them, multiplied by a fixed coefficient of value 0,83 of the tariff and by a correction coefficient 'U' of the premium, determined on the basis of the expression next:
1-0.17 (Pv /Cr)
different Pv/Cr ratio function for each power level
ANNEX VIII
Request for specific remuneration for the facilities of the group b.3
For the application of the specific tariff or premium per kWh referred to in Article 39, a preliminary draft shall be submitted describing the installation in a comprehensive manner, where at least the paragraphs listed below are developed. continuation.
CHARACTERISTICS OF THE CENTRAL
Power of the installation
-Unit power by device:
-Total power:
Technology used
-Description of the technology:
-Installation equipment lifetime:
Top Teams
-Development: %National %UE %International
-Manufacturing: %National %UE %International.
Energy produced
-Central operating hours of the plant:
-Total gross electrical energy produced by the plant.
Investment
-Installation investment cost (€) broken down:
-Disablement cost (€):
Cost of operation and maintenance
-Total number of people hired for the installation operation, hours/year worked, and total cost of that staff.
-Insurance
-Canons
-System availability
ANNEX IX
Harnessing useful heat for building air conditioning
1. Where the use of the useful heat is carried out for the purposes of use as heat or cold for air conditioning of buildings, a period of time other than one year for the determination of performance shall be considered equivalent electric, as defined in Annex I.
Since weather conditions are different for each location and may vary from one year to the next, instead of considering a specific period, it is necessary for the purpose of remuneration for the calculation of electricity that is associated with the Actual thermal energy useful for air conditioning, would meet the equivalent electric performance required:
|
EREE0 = | V | [*] | |||||
|
Re-H-th-H-th-time | ( | 1 | - | 1 | |||
| and | REE | ||||||
Being:
EREE0: Electrical energy that would meet the required minimum equivalent electrical performance, considering the measured actual thermal energy. This electrical energy shall not exceed the value of the electricity sold to the grid in the period.
V: Heat or useful thermal energy, in accordance with the definition in Article 2.1 (a) of this royal decree. In the case where the demand is cooling, the corresponding useful thermal energy shall take the same value as the final cooling demand which satisfies cogeneration.
Ref H: Performance reference value for separate heat production as defined in Annex I of this royal decree.
ηe: Only electrical installation performance (E/Q).
2. In the case of the use of useful heat for building air conditioning, two annual half-yearly reviews are envisaged, in which it will be assessed and settled in an extraordinary manner for the corresponding period from October to March (1st semester) and for the April to September (2nd semester), the value of the previous expression of electrical energy (EREE0) in each of those periods.
For practical and operational purposes for performing partial settlements during the month immediately after the period to be liquidated, the two possible sales options shall be distinguished:
(a) Regulated tariff (Article 24.1.a): the installation, during the period covered, shall be charged for the energy sold to the system at 65% of the regulated tariff corresponding to it at any time. A semi-annual final settlement result of applying to the definitive value of EREE0 35 per cent of the value of the weighted average regulated rate of the settlement period corresponding to that facility. It is understood as a weighted average tariff the ratio between the sum of the electricity products that the plant gives to the system at any time for the value of the regulated tariff at that time and the total electricity given by the installation to the system in the period. The previous value of EREE0 will be taken whenever it is equal to or less than the power given to the system. If not, 35 percent of the weighted average rate will apply only on electricity given to the system.
(b) Market option (Article 24.1.b): the installation, during the period covered, shall receive only the market price plus any market supplements corresponding to it at any time. A semi-annual final settlement result of applying to the definitive value of EREE0 the weighted average premium of the settlement period. It is understood as a weighted average premium the ratio between the sum of the electricity products that the facility sells to the market at any time for the value of the premium at that time and the total electricity sold by the facility. to the market in the period. The previous value of EREE0 will be taken whenever it is equal to or less than the energy sold to the market. If not, the weighted average premium shall apply only on electricity sold to the market.
Regardless of the chosen selling option, in the case where the value of the electricity obtained from the above [*] formula exceeds the net generated electricity in the period, the performance calculation shall be carried out. Equivalent electricity corresponding to the values of the useful thermal energy measured next to that of the gross generated electricity, both in the period, in order that with the value of the equivalent electric performance calculated in this way the efficiency supplement defined in Article 28 of this royal decree.
ANNEX X
Remuneration of hybrid installations
For installations covered by Article 23, the energy to be paid in each of the groups or sub-groups shall be as follows:
1. Type 1 hybridization:
| ( | Ci |
) |
|
b |
being:
eri: Electrical energy paid according to the rate or premium for fuel i.
E: Total electric power poured into the network.
Ci: Total primary energy from fuel i (calculated by mass and PCI).
Cb: Total primary energy from the different types of biomas/biogas/residue (calculated as Ci summatorium).
2. Type 2 hybridization:
| n | Eri |
| Σ | |
|
|
eri: Electrical energy paid according to the rate or premium for fuel i.
E: Total electric power poured into the network.
ers: Electrical power paid according to the rate or premium for the subgroup b.1.2.
Ci: Total primary energy from fuel i (calculated by mass and PCI).
ηb = Performance, by one, of the installation for biomas/biogas/residue, equal to 0.21.
ANNEX XI
Access and connection to the network
1. Access and connection to the network, and operating conditions for special regime generation facilities, as well as the development of network facilities required for connection and associated costs, will be resolved as established In Royal Decree 1955/2000 of 1 December 2000 and in Royal Decree 1663/2000 of 29 September 2000 and the regulations that it develops, with the special conditions laid down in this royal decree. In the case of non-acceptance by the holder of the alternative proposal made by the distribution company in respect of an application for access and connection, the competent authority may request the decision of the discrepancy, which shall be (a) be issued and notified to the person concerned within the maximum period of three months from the date of the application.
2. The following criteria must also be observed:
(a) Holders who do not have interconnected their groups in parallel with the transport network or distribution networks shall have all of their facilities receiving or only part of them connectable by a switching system; either to the general network or to its generating groups, which will ensure that in no case can its generating groups be connected to that network.
(b) Holders who have interconnected their groups in parallel with the transport network or distribution networks and shall be at a single point, with the exception of special circumstances duly justified and authorised by the Competent administration, and can use synchronous or asynchronous generators.
These holders must cut off the connection to the transport or distribution network and whether, for reasons of force majeure or others duly justified and accepted by the competent authority or established in the procedures of operation, the distribution company or carrier or the system operator so requests. The normal service conditions must, however, be restored as quickly as possible. Where such a circumstance arises, the competent authority shall be informed.
(c) In relation to the maximum permissible power in the interconnection of a production facility under special arrangements or set of facilities sharing the network connection point, the following shall be taken into account: criteria, depending on the connection to the distributor to a line or directly to a substation:
1. º Lines: the total power of the installation, or set of installations, connected to the line shall not exceed 50 percent of the capacity of the line at the point of connection, defined as the thermal capacity of the design of the line at that point.
2. Sub-stations and processing centres (AT/BT): the total power of the facility, or set of facilities, connected to a substation or transformation centre shall not exceed 50% of the capacity of the installed transformation for that voltage level.
Group b.1 facilities will have specific rules that will be dictated by the bodies assigned to the competition by following the criteria above.
3. Provided that the safety and quality of supply conditions for the electrical system are safeguarded, and with the limitations which, according to the current regulations, are established by the system operator or in his case by the system operator distribution, special scheme generators shall have priority for the disposal of the energy produced in front of the ordinary system generators, with particular preference for the generation of special non-manageable regime from renewable sources. In addition, with the aim of contributing to the safe and maximum integration of the generation of special non-manageable regime, the system operator will consider those generators whose technological adequacy contributes to a greater extent to ensure security and quality of supply conditions for the electrical system.
For the purposes of this royal decree, it is defined as a non-manageable generation that whose primary source is neither controllable nor storable and whose associated production plants lack the possibility of carrying out a control of the production following instructions from the system operator without incurring a primary energy spill, or the strength of the future production forecast is not sufficient for it to be considered as a programme.
In principle, special regime generators which according to the classification established in this royal decree are included in the groups b.1, b.2 and b.3, as well as generators are considered to be unmanageable. (b) (b) (b) (b) (b) (b) (b), (b), (b), (b), (b), (b), (c), (b), (c), (b), (c), (c), (c) condition.
4. With regard to the connection to the network, in the case of limitations on the connection point resulting from physical or technical feasibility for expansion thereof, or by the application of the criteria for the development of the network, the special scheme generators from renewable energy sources shall have priority of connection to the rest of the generators. This priority shall apply during the period in which several installations are in a position to conclude the Technical Access Contract.
5. Wherever possible, it shall be ensured that several production facilities use the same facilities for the disposal of electrical energy, even in the case of different operators. The bodies of the competent administration, when authorising this use, shall lay down the conditions to be met by the operators in order not to distort the electrical energy measures of each of the production facilities they use. such evacuation facilities.
When several special regime generators share the connection point to the transport network, the processing of the access and connection procedures, to the operator of the system and the operator of the park corresponding to, as well as coordination with the latter after the generation is put into service, it must be carried out jointly and coordinated by a Single Nudo Interbroadcaster which will act on behalf of the generators, in terms and with the functions to be set.
6. For installations or clusters of the same more than 10 MW to be connected to the distribution network, and after the conclusion of their acceptability by the distribution manager, the distribution manager shall request the system operator to accept it from the perspective of the distribution system. the transport network in the access and connection procedures. In addition, the distribution system operator shall inform the system operator of the resolution of the access and connection procedures for all installations covered by this royal decree.
7. Prior to the stress on the associated generation and network connection facilities, the verification report of the technical connection conditions of the system operator or the distribution network operator shall be required. compliance with the requirements for putting into service the installation according to the current regulations, based on the information provided by the generators. Their compliance shall be accredited, where appropriate, by the National Energy Commission or the body of the competent administration.
8. The costs of the facilities necessary for the connection shall be, in general, the costs of the operator of the production plant.
9. If the competent body appreciates circumstances in the network of the acquiring undertaking which technically prevent the absorption of the energy produced, it shall set a time limit for subsating them. The costs of the modifications to the network of the acquiring undertaking shall be borne by the holder of the production facility unless they are not exclusively for their service; in such a case, they shall be borne by both parties by mutual agreement, In view of the expected use of these modifications, each of the parties is expected to make such changes. In case of discrepancy, the relevant organ of the competent authority shall be resolved.
10. For non-manageable generation, the generation capacity of a facility or set of facilities that share a connection point to the network shall not exceed 1/20 of the shorting power of the network at that point.
In the event of the opening of the automatic switch of the network operator at the point of connection, as well as in any situation where the generation can be left operating on island, it will be installed by the generator a automatic telefiring system or other means which disconnects the power plant or power plants in order to avoid possible personal injury or the load. In any event, this circumstance will be explicitly reflected in the contract to be concluded between the generator and the company that holds the network at the point of connection, referring in its case to the necessary coordination with the reengagement devices. automatic network in the zone.
The minimum frequency protection of the generator groups should be coordinated with the system of load-shedding by frequency of the Spanish peninsular electrical system, so the generators can only decouple of the network if the frequency falls below 48 Hz, with a timing of at least 3 seconds. On the other hand, the maximum frequency protection can only result in the decoupling of the generators if the frequency rises above 51 Hz with the timing to be established in the operating procedures.
11. The measuring equipment installed on the bars of the category a) prior to the entry into force of this royal decree, which do not comply with the specifications contained in the Regulation of measurement points of the Electrical energy consumption and transit must be replaced in advance in order to change the power supply option in order to do so in accordance with Article 24 (1) (b) and, in any case, within a maximum of 12 months. months from the entry into force of this royal decree.
The measure of the energy produced in central bars of the facilities of category (a) may be obtained as a combination of measures from the measure of surplus energy delivered to the transport network or distribution, or from the measures of the energy produced in terminals of generators.
The currently installed measure transformers will be able to dedicate their secondary simultaneously to the measure intended for settlement and other uses, provided that the load supported by their secondary is maintained within the range specified in their tests.
ANNEX XII
Hourly profiles for photovoltaic, hydraulic, and other installations that do not have time measurement
In case the installation does not have a time measurement, its energy will be calculated in each hour by multiplying the installed power of the installation by the operating factor set in the following tables for each technology and month. In the case of photovoltaic, the frame corresponding to the solar area where the installation is physically located will be taken. For these purposes, the five climatic zones according to the average solar radiation in Spain, established in Royal Decree 314/2006 of 17 March, approving the Technical Code of the Edification
have been considered.The following are the production profiles for photovoltaic and hydraulic installations. For the rest of the technologies, it will be considered, except for better forecast, as operating factor 0.85 at all times of the year.
Production time profile for hydraulic installations
| Operating | |
|---|---|
| January | |
|
February | |
|
March |
|
|
April | |
|
| |
| June | |
| 0.24 | |
|
August | |
| September | |
| 0.23 | |
| November | |
| December | 0.35 |
Production schedule profile for PV installations.
The values of the hours that appear in the following tables correspond to solar time. In the winter time the calendar hour corresponds to the solar hour plus 2 units, and in daylight saving time the calendar hour corresponds to the solar hour plus 1 unit. The time changes from winter to summer or vice versa will coincide with the official time change date.
