Law 54/1997, of 27 November, of the Electrical Sector, establishes the principles of a new operating model which, as far as production is concerned, are based on free competition. The Law makes this foundation compatible with the achievement of other objectives such as improving energy efficiency, reducing consumption and protecting the environment, on the other hand, necessary in the light of the commitments made. by Spain in the reduction of greenhouse gases. It thus establishes for its achievement the existence of a special regime of production of electrical energy, as distinct regime of the ordinary. In the latter, the regulatory scheme is the production market in which electricity offers and demands are crossed and where prices are established as a result of their operation as an organised market.

The special regime has been regulated since 1980 by various regulations. However, the new Law makes it obligatory to enact this Royal Decree to try to adapt the operation of this regime to the new regulation and introduction of competition.

This Royal Decree develops Law 54/1997, of 27 November, of the Electrical Sector, with the amendments introduced by Law 66/1997, of December 30, of Fiscal, Administrative and Social Order Measures, and the development of special arrangements through the creation of a favourable framework without incurring discriminatory situations which could be limited to free competition, although setting out different situations for those energy systems that will contribute more effectively to the objectives before indicated.

To achieve this achievement, a system of temporary incentives is established for those facilities that require them to position themselves in a competitive position in a free market.

For installations based on renewable energy and waste the incentive established has no time limit because it is necessary to internalize its environmental benefits and to, by its special characteristics and level of technology, their higher costs do not allow them to compete in a free market.

The incentives that are set for renewables are such that they will allow their contribution to Spain's energy demand to be at least 12 per 100 in the year 2010 as set out in the provision. Sixteenth of Law 54/1997 of 27 November 1997 of the Electrical Sector.

Likewise, this Royal Decree provides for a sufficiently long transitional period in which the facilities covered by the previous regulation continue to apply to them the scheme provided by that regulation.

In its virtue, on the proposal of the Minister of Industry and Energy, in agreement with the State Council, with the approval of the Minister of Public Administrations, and after deliberation of the Council of Ministers at its meeting of the 23rd of December 1998,

DISPONGO:

CHAPTER I

Object and Scope

Article 1. Object.

This Royal Decree has as its object:

(a) The regulatory development, as regards the special scheme, of Law 54/1997 of 27 November of the Electrical Sector, as regards the requirements and procedures for the benefit of the special scheme, procedures for registration in the Register concerned, the conditions for the delivery of energy and the economic system.

b) The establishment of a transitional arrangements for installations which, at the date of entry into force of the Law on the Electrical Sector referred to above, were granted to Royal Decree 2366/1994 of 9 December 1994 on production of electrical energy, by hydraulic, cogeneration and other installations supplied by renewable energy sources or resources.

(c) The determination of a premium for those installations larger than 50 MW using as primary energy non-consumable and non-consumable renewable energy, biomass, biofuels or agricultural, livestock or livestock waste. services, in accordance with the provisions of Article 30.5 of the Law of the Electrical Sector.

Article 2. Scope.

1. The special scheme provided for in this Royal Decree may be used for the production of electrical power with an electrical power of less than or equal to 50 MW, having the following characteristics:

(a) Installations of self-producers using cogeneration or other forms of thermal production of electricity associated with non-electric activities provided that they represent a high energy performance and satisfy the requirements which are determined in Annex I.

These types of installations are classified into two groups:

a.1. Installations that include a cogeneration plant, such as those that combine the production of electrical energy with the production of useful heat for the subsequent use of non-electric energy.

a.2. Installations which include a plant which uses waste energy from any plant, machine or industrial process whose purpose is not the production of electrical energy.

They have the consideration of self-producers those natural or legal persons who generate electricity fundamentally for their own use, understanding that this is so if they self-consume on average annual, at least, 30 per 100 of the electrical energy produced if its power is less than 25 MW and at least 50 per 100 if it is equal to or greater than 25 MW.

For the purposes of the self-consumption calculation referred to in the preceding paragraph, the consumption of electricity may be counted in those companies with a share of more than 10 per 100 in the ownership of the plant production by special scheme.

In any case, there should be a single beneficiary of the premiums, who, in addition, must have the necessary equipment to prove the fulfilment of the above conditions.

(b) Facilities using as primary energy some of the non-consumable renewable energy, biomass or any type of biofuel, classified in the following groups:

b.1. Installations that only use solar energy as primary energy.

b.2. Installations that only use as primary energy wind energy.

b.3. Installations that only use as primary energy geothermal energy, wave energy, tides and hot and dry rocks.

b.4. Hydroelectric power plants with a power not exceeding 10 MW.

b.5. Hydroelectric power plants with a power exceeding 10 MW and not exceeding 50 MW.

b.6. Plants using primary biomass as primary fuel, understanding as such the set of growth plants of less than one year, which can be used directly or after a transformation process, to produce energy (resources natural and energy plantations). The main fuel shall be the fuel which is at least 90 per 100 of the primary energy used, measured by the lower heat power.

b.7. Plants using as main fuel secondary biomass, understanding as such the set of waste from a first use of biomass, mainly sprouts, sludge from the purification of waste water, waste agriculture, forestry, biofuels and biogas. The main fuel shall be the fuel which is at least 90 per 100 of the primary energy used, measured by the lower heat power.

b.8. Plants using energy included in the above groups b.6 and b.7, together with conventional fuels, provided that they do not involve more than 50 per 100 of the primary energy used, measured by the lower calorific value. The electricity generated by the conventional fuel shall be paid only at the market price referred to in Article 24 of this Royal Decree.

b.9. Mixed power plants of the above groups of this paragraph.

(c) Facilities using as primary energy waste not referred to in subparagraph (b) above, which are classified in the following groups:

c.1. Plants using as main fuel urban waste. Primary fuel shall mean at least 70 per 100 of the primary energy used, measured by the lower calorific value.

c.2. Installations using other wastes not previously covered as main fuel. The main fuel shall be the fuel which means at least 70 per 100 of the primary energy used, measured by the lower heat power.

c.3. Plants using energy included in the above groups, together with conventional fuels, provided that they do not involve more than 50 per 100 of the primary energy used, measured by the lower calorific value. The electricity generated by the conventional fuel shall be paid only at the market price referred to in Article 24 of this Royal Decree.

(d) Facilities for the treatment and reduction of waste in the agricultural, livestock and service sectors, with an installed capacity of 25 MW or less. These installations must satisfy the energy performance requirements set out in Annex I to this Royal Decree. They are classified into the following groups:

d.1. Facilities for the treatment and reduction of slurry of pig holdings.

d.2. Facilities for treatment and reduction of sludge.

d.3. Facilities for the treatment and reduction of other wastes not covered by the above groups.

2. Those installations which, at the entry into force of that of the Electrical Sector, would not have been subject to the scheme provided for in Royal Decree 1538/1987 of 11 December 1987 determining the tariff, will not be eligible for this Royal Decree. (a) the power of the service management undertakings, unless they have remained without production during the five years preceding the application for inclusion and exceeded the period of service provided for by the said regulation and the facilities of the groups as defined in subparagraph (b) above where the holder carries out production activities in ordinary regime.

3. Those facilities under Royal Decree 2366/1994, after the entry into force of the Law of the Electrical Sector, will be understood to be included in this Royal Decree.

However, the owners of these facilities must ask the competent body to take any of the groups defined in this article and the registration in the corresponding Register, according to the Chapter II of this Royal Decree.

Article 3. Power of the installations.

1. The rated power shall be that specified in the alternator's nameplate, corrected by the following measurement conditions, if appropriate:

a) Load: 100 per 100 under the nominal design conditions.

b) Altitude: the location of the equipment (s).

c) Environment temperature: 15 or C.

d) Load losses: admission 150 mm c.d.a.; Escape 250 mm c.d.a.

e) Losses by fouling and degradation: 3 per 100.

2. For the purposes of the power limit laid down for the benefit of the special scheme or for the determination of the economic regime laid down in Chapter IV of this Royal Decree, they shall be deemed to belong to a single plant whose power shall be the sum of the powers of the unit facilities for each of the groups defined in Article 2 of this Royal Decree:

(a) Groups a and d: facilities owned by the same or different operators and having in common at least one useful thermal energy consumer or the residual energy from the same industrial process.

(b) Groups (b): for the installations of groups b.1, b.2 and b.3, those which pour their energy into a processor with output voltage equal to that of the distribution or transport network to which they are to be connected. If, as a result of the provisions of Article 20.5 of this Royal Decree, several production facilities use the same evacuation facilities, the above reference shall be understood as regards the former processor to which it is common to several production facilities.

For the facilities of the groups b.4 and b.5, those with the same altimetric outlet and drain within the same hydraulic concession.

c) For other installations, those with own electromechanical equipment.

CHAPTER II

Procedure 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 is for the bodies of the Autonomous Communities with competence in the field.

2. It corresponds to the Directorate-General for Energy of the Ministry of Industry and Energy:

(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 (a) the production of such a system when 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 authorization for the construction, operation, substantial modification, transmission and closure of installations whose use affects more than one Community, after consultation in each case with the The Autonomous Community where the installation will be located.

c) The registration or taking of reason, if any, in the Administrative Registry of Electrical Power Production Facilities of the facilities regulated in this Royal Decree. The communication of the registration or taking of reason to the National Commission of the Electrical System or, where appropriate, to the market operator, to the effects of the liquidation of the energies.

3. The above powers shall be without prejudice to other powers which may be applicable to each body in respect of installations subject to this Regulation.

Article 5. Authorisation of installations.

The procedure for granting administrative authorizations for the construction, modification, operation, transmission and closure of the facilities referred to in this Royal Decree, when it is Competition from the Ministry of Industry and Energy shall be governed by the rules governing the production of electrical energy in general, without prejudice to the concessions and authorizations which are necessary, according to the with other provisions that are applicable.

Article 6. Requirements for the inclusion of a facility under the special scheme.

1. The condition of the production facility for the special scheme shall be granted by the competent authority for authorization. The owners or operators of the facilities which are intended to benefit from this scheme shall ask the competent authorities for the inclusion of the same in one of the groups referred to in Article 2 of this Royal Decree.

2. In order for a production plant to be eligible for the special scheme, it must be credited in addition to the fulfilment of the requirements referred to in Article 2 of this Royal Decree of the main technical and operational characteristics of the installation.

Also, a quantified assessment of the electrical energy to be transferred in its case to the network must be carried out.

3. In the case of installations falling within groups (a) and (d) of Article 2 of this Royal Decree, the surplus of electrical energy transferred to the network must be justified on the basis of both its structure and level of production, and their energy consumption. The following features of the installation must also be accredited:

a) The maximum power to deliver with minimum consumption 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) The performance of energy performance in accordance with Annex I to this Royal Decree, for which an energy study must be drawn up, supporting it, justifying, where appropriate, the need for the useful heat produced in the different operating systems of the intended installation.

SECTION 2. INCLUSION PROCEDURE IN THE SPECIAL SCHEME

Article 7. Submission of the application.

In the case of installations for which the General Energy Directorate is competent, the application for inclusion in the special scheme shall be submitted by the operator or operator of the installation, the owner, lessee, hydraulic concessionaire or holder of any other right which binds him to the holding of an installation. 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 petitioner.

b) Social capital and shareholders with a share of more than 5 per 100, if any, and participation thereof. List of subsidiaries in which the holder has a majority holding.

c) The energy, technical and security efficiency conditions of the facility for which inclusion in the special scheme is requested.

(d) Relation of facilities under this scheme to which it is a holder.

e) A copy of the balance sheet and the results of 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 Administration acting the applicant may be eligible for the purposes laid down in paragraph (f) of Article 35 of Law 30/1992, of the Legal Regime of 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 submit it, or, failing that, the accreditation by other means of the 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 and its implementing rules.

3. The Directorate-General for Energy will decide on the request within six months. The lack of express resolution in time will have de-estimatory effects. However, ordinary appeal may be brought before the appropriate administrative authority.

SECTION 3. REGISTRATION OF PRODUCTION FACILITIES UNDER SPECIAL ARRANGEMENTS

Article 9. Administrative Registry of Production Facilities in Special Regime.

1. For the proper monitoring of the special scheme and specifically for the management and control of the collection of premiums, both in terms of installed power and the evolution of the electrical energy produced, the energy transferred to the network and the primary energy used, is constituted in the Administrative Registry of Electrical Power Production Facilities referred to in Article 21.4 of the Law of the Electrical Sector, depending on the Directorate General of Energy Ministry of Industry and Energy, a section under the name " Administrative Register of Production Facilities in Special Regime ".

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.

1. Without prejudice to the provisions of the previous Article, the Autonomous Communities with powers in the field may create and manage the relevant territorial registers.

2. To ensure the interchangeability of the inscriptions between the Administrative Registry of Production Facilities in Special Regime and the autonomic records that 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 are set out in Annex III of this Royal Decree the model of prior and definitive registration in the Register. According to these models, the data communication by the Autonomous Communities will be carried out for the reason of the registration in the Registry under the General Directorate of Energy, as well as the transmission to those of the registration which affects their territorial scope.

Article 11. Pre-registration.

1. The prior registration in this Register shall be made on its own initiative once the condition of the production installation has been granted to the special scheme. To this end, the competent Autonomous Community must, within one month, transfer the registration of the installation into the autonomous register or, where appropriate, of the decision granting that condition for the taking of the prior registration in the Register.

In the event that the condition of installation received by the General Administration of Energy has been granted by the Directorate General of Energy, within one month it will proceed to its prior registration.

2. 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 competent Autonomous Community, in order to ensure that the person concerned is notified accordingly. However, the notification shall be made by the Directorate-General for Energy where it is competent.

Article 12. Final registration.

1. The application for final registration shall be addressed to the appropriate authority of the Autonomous Community or, where appropriate, to the Directorate-General for Energy of the Ministry of Industry and Energy, accompanied by the contract with the distributor. This application may be submitted at the same time as the application for the start-up of the installation.

2. In the event that the jurisdiction for the decision of the application corresponds to an Autonomous Community, the Autonomous Community must be transferred within one month of the registration effected in the regional register or, where appropriate, of the data required for the The registration of the Production Facility in Special Regime is the reason for the definitive registration. Where appropriate, the Directorate-General for Energy shall decide on the application within a maximum of one month.

3. The final registration in this Register, which shall include the identification number therein, shall be communicated to the Autonomous Community which is competent, in order to notify the applicant and the undertaking. distributor. However, the notification shall be made by the Directorate-General for Energy, where the installation is within its competence.

Article 13. Deadline for final registration.

The prior registration of an installation in this Register will be cancelled if after two years since the one was notified to the interested party, the latter has not applied for the definitive registration. However, this cancellation will not take place in the event that the competent authorities have reasonable grounds for the registration to remain in the Register, which should inform the Directorate-General of the Energy expressing the period during which the validity of the registration should be extended.

Article 14. Documentation update.

The owners or operators of the facilities registered in this Register must send during the first quarter of each year to the organ that authorized the installation a summary of the year immediately preceding, according to with the model set out in Annex II to this Royal Decree.

Also, in the case of the installations of groups a) and d) of Article 2 of this Royal Decree, a certificate of an entity recognized by the competent authority, certifying that the requirements of Annex I to this Royal Decree, and must notify any changes in the data provided for the authorization of the installation, for inclusion in the special scheme or for registration in the Register.

The competent bodies of the Autonomous Communities shall forward the information to the Directorate-General for Energy for the purpose of taking the information in the Register within one month of receipt.

Article 15. Effects of registration.

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 definitive registration of the installation in the Administrative Registry of Production Facilities in Special Regime shall be a necessary requirement for the application to that installation of the economic regime regulated in the present Real Decree, with effect from the definitive registration in the autonomous register, when applicable.

2. Without prejudice to the preceding number, the electrical energy which may have been discharged into the network, as a result of a test operation, prior to the registration of the installation shall be paid at market price, as set out in Article 24 of this Royal Decree, after registration has been made.

This test operation must be pre-authorized and its duration may not exceed three months.

Article 16. Cancellation of registrations.

The cancellation of the registration in the Administrative Registry of Production Facilities in Special Regime will proceed in the following cases:

a) Cese of the activity as a production facility under special arrangements.

(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 the applicable legislation.

The competent administration shall communicate the cancellation or revocation as well as any other incidence of the registration in the Register to the distribution company and to the Directorate General of Energy for its reason Administrative Registry of Production Facilities in Special Regime.

CHAPTER III

Terms of delivery of the electrical energy produced under special arrangements

Article 17. Contract with the distribution company.

1. The holder of the production facility receiving the special scheme and the distribution company shall enter into a standard contract, in accordance with a model to be established by the Directorate-General for Energy, with a minimum duration of five years, the technical and economic relations between the two shall be governed.

The following ends shall be reflected in at least the following:

a) Connection and measurement point, indicating at least the characteristics of the control, connection, security and measurement equipment.

(b) Qualitative and quantitative characteristics of the energy transferred and, where appropriate, of the consumed energy, specifying power and forecasts of production, consumption, sales and, where appropriate, purchase.

c) Causes of termination or modification of the contract.

d) Economic conditions, in accordance with Chapter IV of this Royal Decree.

(e) Conditions for the operation of the interconnection, as well as the circumstances in which the technical impossibility of absorbing the surplus energy is considered.

f) The energy delivered by the holder to the distributor to be produced within the period of thirty days after the issue of the corresponding invoice.

The distribution company will have the obligation to subscribe to this contract, even if there are no electrical surpluses in the installation, within one month from the time the point and conditions of the contract are determined. Article 20 (2) of this Royal Decree provides for the connection between the two

A copy of that contract shall be sent to the competent authority, accompanying the application for definitive registration in the Register referred to in Article 12 of this Royal Decree.

2. The excess energy bill transferred to the distribution company shall be made monthly in an invoice model approved by the General Energy Directorate, which shall contain the main characteristics for each conformity installation. with the provisions of this Royal Decree.

Article 18. Rights of producers in special arrangements in their relations with the distribution companies.

In its relations with the distribution companies, the holders of production facilities under this special scheme shall enjoy the following rights:

1. Connect your group or generator groups to the network of the distribution power company in parallel.

2. Transfer to the system through the electricity distribution company its production or surplus of electricity, provided that it is technically possible to be absorbed by the grid and thereby to receive the wholesale market price plus the incentives provided for in the economic regime of this Royal Decree.

3. Receive at all times from the distribution company, provided that it is a customer subject to a regulated tariff, the electrical energy that is necessary for the complete development of its activity, paying the corresponding rate.

4. Access to the market for the production of electricity, provided that it is a qualified consumer, to make the purchases of electricity that they need for the development of their activities, paying the prices, tolls and access costs which corresponds in each case.

5. Access to the system of offers in the market for the production of electrical energy or formalize bilateral physical contracts, in both cases for periods of year and prior communication to the Directorate General of Energy, Autonomous Community where this the installation and the system and market operators. Producers who choose to have access to the system of tenders shall receive the premiums corresponding to the application of the economic scheme provided for solely by the married energy and may receive the remuneration of the power guarantee and the the additional services the facility actually provides.

6. Transfer electrical energy to the consumer units, in accordance with the provisions of Article 2 of this Royal Decree.

Article 19. Obligations of producers under special arrangements.

Without prejudice to Article 30.1 of the Electricity Sector Law, the holders of production facilities under special arrangements shall have the following obligations:

1. Deliver and receive the energy under appropriate technical conditions so that no disruption to the normal functioning of the system is caused.

2. To refrain from giving final consumers the surplus of electricity not consumed, except in the case of acting in accordance with the provisions of Article 18 (5) of this Royal Decree. They shall not be given the consideration of the transfer to final subscribers, for these purposes, of any other centre of the same undertaking, its subsidiaries, parent companies or any of the members of a group holding the installation, which constitute a self-producer as defined in Article 2 of this Royal Decree.

3. Use the energy from their generators in their installations, by pouring into the grid exclusively their surplus electrical energy as defined in Article 21 of this Royal Decree.

4. To satisfy the tolls and access charges for the use of the transport or distribution networks in the following cases:

(a) When they act as qualified consumers and conclude electricity supply contracts.

(b) When they supply to another centre of the same undertaking, group or parent, their industrial partners, subsidiaries or any other member of the holding pool with consumption situated on a different site than the generation plant. These tolls and costs shall include the permanent costs of the system in the proportional share corresponding to them, in accordance with the rules in force at each moment on third party access.

5. The holders of the facilities of the groups a.1, a.2, b.6, b.7, b.8, c.1, c.2, c.3, d.1, d.2 and d.3 as defined in Article 2 of this Royal Decree with powers exceeding 10 MW shall communicate to the distribution company, by title information, of the system of electrical surpluses provided for in each of the programming periods of the electricity production market. The forecasts of the 24 periods of each day shall be reported with at least 30 hours in advance of the start of that day.

Article 20. Connection to the network.

1. The administrative and technical rules for the operation and connection to electrical networks shall be those laid down by the Ministry of Industry and Energy or by the corresponding bodies of the Autonomous Communities in the field of their powers. The following criteria must be observed:

(a) Holders who do not have interconnected in parallel their groups with the network shall have all their facilities receiving or only part of them connectable by a switching system, either to the network of the distribution company 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 in parallel their groups with the general network shall be in a single point except special circumstances duly justified and authorised by the competent authority and may employ synchronous or asynchronous generators. Power plants of higher power, equipped with synchronous generators, where the installation gives rise to electrical surplus to the network, shall be equipped with automatic disconnection systems which avoid causing voltage or voltage oscillations. the frequency exceeding the regulations and breakdowns or alterations in the network service.

These operators must cut the connection with the network of the distribution company, if due to force majeure or others, duly justified and accepted by the competent administration, the distribution company 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) The energy supplied to the network of the distribution company must have a unit and as close as possible to the unit. The operators connected in parallel with the network must take the necessary measures to do so or reach agreements with the distribution companies on this point.

For the purposes of this Royal Decree and for the calculation of the cos and the reactive energy demanded when active energy is delivered to the network.

(d) In relation to the maximum permissible power in the interconnection of a production facility under special arrangements, within the scope referred to in Article 2 of this Royal Decree, the following 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 connected to the line shall not exceed 50 per 100 of the capacity of the line at the point of connection, defined as the thermal capacity of the line design at that point.

2. º Substations and Processing Centres (AT/BT): the total power of the installation connected to a substation or transformation centre shall not exceed 50 per 100 of the installed processing capacity for that level of tension.

Group b.1 facilities will have specific rules that will be dictated by the bodies assigned to the competition in accordance with the above criteria.

2. The point of connection of the installations that deliver energy to the general network shall be established by agreement between the operator and the distributor or carrier.

The owner will ask the company for the connection point and conditions that, in his opinion, are the most appropriate. Within one month, the undertaking shall notify the holder of the acceptance or justify other alternatives. The holder, if he does not accept the alternative proposal, shall request the competent authority of the General Administration of the State or the Autonomous Communities to resolve the discrepancy, which must be produced within the maximum period of three months. count since it was requested.

3. The costs of the installations necessary for the connection shall be, in general, the costs of the operator of the production plant, without prejudice to the provisions of the rules in force on electrical fittings in the case of self-producers.

4. 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 his service, in which 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 the event of a discrepancy, the competent authority of the competent authority shall decide.

5. Wherever possible, it shall be possible to ensure that several production facilities use the same electrical energy disposal facilities, 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 surplus electrical energy measures of each of the production facilities. using such evacuation facilities.

Article 21. Right of transfer of the electrical energy generated under special arrangements.

1. The holders of installations covered by the special scheme may only incorporate in the system the excess electric energy from that produced by their installations, except for installations falling within groups b.1, b.2, b.3, b.4. and b.5 of Article 2 of this Royal Decree, which may incorporate into the network the totality of the electrical energy produced, as long as the 12 per 100 of the total energy demand referred to in the transitional provision 16 is not reached. a of the Law of the Electrical Sector.

For these purposes, it is considered surplus electrical energy resulting from the instantaneous balances between the electrical energy transferred to the general grid and the one received from the same at all points of interconnection between the producer or the self-producer and the general network.

The installations and equipment that consume thermal energy produced by an installation of the group a.1 of those defined in Article 2 of this Royal Decree will form together with that installation, a unit of self-production, with independence of ownership of all of them.

In cases where the consumer or consumers of the useful thermal energy does not legally coincide with the holder, the result of the instantaneous balances between the electrical energy transferred shall be considered as electric surplus to the general network and to the general network at all points of interconnection of the plant and of the said consumers. For these purposes the consumption of the useful thermal energy of each of the aforementioned consumers must be at least 25 per 100 of the thermal energy produced by the installation.

In these cases, where there are loss-making power situations, their acquisition may be directly contracted by each of the consumers or alternatively by the producer.

2. If the operator or operator of a facility receiving the special scheme decides to give up, in whole or in part, its surplus to its subsidiaries, parents, partners or own centres, including at different sites, by concluding bilateral contracts physical or financial, the right to the premium will be generated for the part not ceded to the aforementioned agents.

3. In island and extra-island systems, the competent authority may limit the total surplus power of generators covered by this Royal Decree to a percentage of the corresponding hourly power demanded by the isolated system.

Article 22. Conditions of the cession of electrical energy.

1. The electrical energy transferred to the electricity distribution companies, in accordance with the previous article, must be acquired by the nearest one with sufficient technical and economic characteristics for its subsequent distribution. In the event of a discrepancy, it shall, after reporting by the National Commission of the Electrical System, decide as appropriate, either the competent authority of the Autonomous Administration or the Directorate-General for Energy of the Ministry of Industry and Energy. when it comes to its competition.

However, the aforementioned Directorate-General for Energy may authorise, for the purposes of the corresponding economic settlement, that the nearest distribution company may acquire the electricity from the (a) facilities even if they exceed their needs, provided that the said distributor is connected to another distribution company, in which case it will give its surplus to the latter undertaking.

2. The disposal of surplus energy, depending on the type and power of the plant and its impact on the electrical system or the area in which it is located, may be conditioned by the needs of the distribution company to which it is connected, justified and accepted by the competent authorities, both in the peninsular system and in the extra-islands, or by exceptional or force majeure on the same electrical network as in the production facility itself.

3. For installations interconnected with the electricity grid, an agreement between the operator and the distributor shall be required, which shall be formalised by a comprehensive contract of the extremes referred to in Article 17 of this Royal Decree.

4. Any installation of a special scheme shall have an electrical energy measurement equipment capable of enabling the invoicing and its control in accordance with the provisions of this Royal Decree.

The measure will be made immediately before the connection limit with the distribution company. Where the measure is not carried out at that point, the operator and the distribution undertaking shall establish an agreement to quantify any losses that may arise to that extent, which shall be borne by the producer. Such an agreement shall be reflected in the contract to be concluded by those subjects.

When multiple production facilities on a special basis share connection facilities, the point of measurement for billing will continue to be considered immediately prior to the point of connection with the distribution company. The energy thus measured shall be allocated to each production facility, together with the corresponding loss imputation, in proportion to the individual measures of each production facility, to be carried out with the corresponding equipment of production. measure.

CHAPTER IV

Economic Regime

Article 23. Price of electricity transferred to the distribution company by the facilities which do not benefit from the general scheme of tenders.

The holders of installations with power equal to or less than 50 MW permanently registered in the Administrative Registry of Production Facilities in Special Regime shall not be required to make offers to the market In the case of such installations, they shall have the right to sell their surplus or, where appropriate, the production of electrical energy to distributors at the final average price of the production market; case, for a premium or incentive to take the values set out in this Chapter.

Article 24. Final price definition means the average time of the electricity production market for installations exempted from the general system of tenders.

1. The final average price of the electricity production market is the average price that must be paid in each hour by the energy acquirers to purchase in the electricity production market and which is the subject of liquidation by the market. market operator. For the purposes of this Royal Decree, this price shall be the price which, on a provisional basis for the energy acquirers, publishes that market operator before the fifth working day of the following month for invoicing.

2. The market operator will publish, together with the above, two average prices.

The first will be the arithmetic average price for the hourly price set of the first eight hours of the billing month. The second will be for the rest of the hours of that month. Both prices shall correspond respectively to the prices of the valley and the tip in the simplified billing model referred to in the following paragraph.

3. Power plants equal to or less than 10 MW may take as a market price the trough and peak prices calculated on a monthly basis by the market operator, in accordance with the above number.

Article 25. Liquidation of the energies in special arrangements.

1. The distributors who, by virtue of the application of this Royal Decree, have made purchases of electricity to the holders of facilities with definitive registration as referred to in article 12 of this Royal Decree will have the right to be settled by the premiums paid for this concept. To this end, the amount of the incentives corresponding to these energy purchases will be subject to the corresponding liquidation process in accordance with the provisions of Royal Decree 2017/1997 of 26 December, which is organised and regulated. 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.

2. For those producers who have opted for the system of making offers on the wholesale market or for those referred to in Article 1 (c) of this Royal Decree, the amount of the incentives to be paid shall be collected as the additional amount of the settlement for the wholesale market carried out by the market operator.

The amounts of these incentives, which will be paid by the distributors or, where appropriate, by the carriers to which they are connected, will be subject to the liquidation process set out in the aforementioned Royal Decree 2017/1997.

Article 26. Price for the electric power delivered.

The remuneration that producers obtain for the sale of electricity from production facilities under special arrangements shall be:

R = Pm + Pr ± ER

being:

R= payback in pesetas/kWh.

Pm = market price as specified in Article 24 of this Royal Decree.

Pr = premium as set forth in this section.

ER = Plug-in for reactive power, which will be applied to the sum of Pm and Pr. It will be generally considered in the tariff rules, with the difference that if the power factor of the energy given to the distribution company is greater than 0,9, the supplement shall be a credit to the producer and, if any lower, a discount.

Article 27. Premiums for installations of self-producers using cogeneration or other forms of thermal production of electricity.

1. The installations defined in Group (a) of Article 2 of this Royal Decree with a power equal to or less than 10 MW shall, for a period of ten years from the start of the operation, have a premium of 3.20 pesetas/kWh.

2. Installations of a power exceeding 10 MW but not exceeding 25 MW shall have a premium as long as the transitional period referred to in the eighth transitional provision of the Electricity Sector Law applies. This premium shall be the premium derived from the application of the following formula:

Premium = a (40-P) /30

being at the premium for power installations equal to or less than 10 MW and P the power of the installation, expressed in MW. The premium must be expressed by rounding with two decimal places.

3. The premium referred to in paragraph 1 above shall be updated annually by the Ministry of Industry and Energy in accordance with the year-on-year variation of interest rates, of the electricity tariff for consumers without the capacity to The choice and price of the gas, weighting the three variables to equal parts.

Article 28. Premiums for non-consumable renewable energy installations derived from biomass and biofuels.

1. The facilities of the groups listed in paragraph (b) of Article 2 of this Royal Decree shall have the following premiums:

b.1: for installations with installed power of up to 5 kW, provided that the national installed power of this type of plant does not exceed the power of 50 MW: 60 pesetas/kWh.

Other installations: 30 pesetas/kWh.

b.2: 5.26 pesetas/kWh.

b.3: 5.45 pesetas/kWh.

b.4: 5.45 pesetas/kWh.

b.5: The premium will be the one derived from the application of the following formula:

Premium = b (50-P) /40

being b the premium corresponding to the facilities of the group b.4, and P the power of the installation, expressed in MW. The premium must be expressed by rounding with two decimal places.

b.6: 5.07 pesetas/kWh.

b.7: 4.70 pesetas/kWh.

2. The premiums of the groups b.2, b.3, b.4 b.6 and b.7 shall be updated annually by the Ministry of Industry and Energy, taking into account the variation in the average selling price of electricity, which shall be applied to the sum of the market price and the premium. To this end, the Ministry of Industry and Energy will also have to estimate the average annual market price. For these purposes, average electricity sales price is defined as:

PM = I/E

where:

I = expected revenues derived from the supply of electricity, excluding the Value Added Tax and any other tax that is serious for the consumption of electricity.

E = expected supplied power.

3. The facilities of the groups b.1, b.2, b.3, b.4 and b.6 may choose not to apply the premiums set out in the preceding paragraphs and apply at all times a total price to be collected from:

b.1: 66 or 36 pesetas/kWh, depending on whether or not the installations are less than 5 kW, in accordance with paragraph 1 of this Article.

b.2: 11.02 pesetas/kWh.

b.3 and b.4: 11.20 pesetas/kWh.

b.6: 10.83 pesetas/kWh.

b.7: 10.46 pesetas/kWh.

These prices will be updated with the criteria set out in the previous section.

4. The remuneration of the facilities of the group b.9 shall be calculated in proportion to the installed powers of each group.

Article 29. Premiums for facilities supplied by resources or sources of energy from waste.

1. The premises of paragraph (c) of Article 2 of this Royal Decree shall have the following premiums:

Central to use as main fuel urban solid waste, sewage sludge or industrial waste:

a) For power equal to or less than 10 MW: 3.70 pesetas/kWh.

(b) For a power exceeding 10 MW, but not exceeding 50 MW, the premium shall be that derived from the application of the following formula:

Premium = d + ((c-d) (50-P) /+ 40)

being the premium for installations of power equal to or less than 10 MW, the premium corresponding to the installations referred to in Article 31 of this Royal Decree, and the power of the installation, expressed in MW. The premium must be expressed by rounding with two decimal places.

2. The premiums shall be updated annually in accordance with the year-on-year variation of interest rates and the electricity tariff for consumers without the capacity to choose or with the variation of the market price when all consumers are qualified by weighting both variables to equal parts.

Article 30. Facilities for the treatment and reduction of waste from the agricultural, livestock and service sectors.

1. The premises of paragraph (d) of Article 2 of this Royal Decree shall be entitled to the following premiums:

(a) d.1: for installations of a power equal to or less than 15 MW: 3.90 pesetas/kWh.

For installations of a power exceeding 15 MW but not exceeding 25 MW, the premium shall be that derived from the application of the following formula:

Premium = e (35-P) /20

being and the premium for installations of power equal to or less than 15 MW, and P the power of the installation expressed in MW. The premium must be expressed by rounding with two decimal places.

(b) d.2: for installations of power equal to or less than 10 MW: 3.90 pesetas/kWh.

For installations of a power exceeding 10 MW, but not exceeding 25 MW, the premium shall be that derived from the application of the following formula:

Premium = f + (10/13 + (25-P) /65)

being f the premium for power installations equal to or less than 10 MW, and P the power of the installation expressed in MW. The premium must be expressed by rounding with two decimal places.

(c) d.3: for installations of power equal to or less than 10 MW: 2,5 pesetas/kWh.

For installations of a power exceeding 10 MW but not exceeding 25 MW, the premium shall be that derived from the application of the following formula:

Premium = g (40-P) /30

being g the premium for power plants equal to or less than 10 MW, and P the power of the installation expressed in MW. The premium must be expressed by rounding with two decimal places.

2. The premiums will be updated annually by the Ministry of Industry and Energy, in accordance with the year-on-year variation of interest rates, the electricity tariff for consumers without the capacity to choose and the price of gas, three variables to equal parts.

Article 31. Premiums for installations of installed power exceeding 50 MW.

Facilities using as primary energy non-consumable and non-consumable renewable energy, biomass, biofuels or agricultural, livestock or service residues, even if they have an installed power exceeding 50 MW shall be entitled to a premium of 1 peset/kWh. These premiums shall be subject to the updates referred to in Article 29 (2) of this Royal Decree.

However, these facilities, in accordance with Article 23.1 of the Law of the Electrical Sector, will have to make economic offers to sell energy through the market operator.

Article 32. Changes in premiums and prices.

Every four years the premiums fixed in this Chapter of this Royal Decree will be reviewed, as well as the values established for the facilities under Royal Decree 2366/1994, without prejudice to the Transitional provisions of the Law of the Electrical Sector, taking into account the evolution of the price of electricity in the market, the participation of these facilities in the coverage of the demand and their impact on the technical management of the system.

Single additional disposition. Installations of power equal to or less than 50 MW not included in this Royal Decree.

Without prejudice to energy that may be compromised by physical bilateral contracts, those power plants installed equal to or less than 50 MW and above 1MWquenolescould be of application of this Royal Decree and those to which, after the transitional period referred to in the sixth transitional provision of the Law of the Electrical Sector does not apply to them either, they will not be obliged to present economic offers to the operator of the market for all the programming periods, being able to make such offers for the periods they deem appropriate.

The facilities defined in the previous paragraph belonging to companies linked to distribution companies referred to in the 11th transitional provision of the Law of the Electrical Sector will be able to deliver their energy to the distribution undertaking as long as the application of that transitional provision lasts, invoiced at the market price referred to in Article 24 (3) of this Royal Decree.

The energy of the installations referred to in the first paragraph of this additional provision, but with an installed capacity of 1 MW or less, shall be acquired by the distribution undertakings in accordance with the provisions of this Regulation. (a) the provisions of this Royal Decree and shall be remunerated at the simplified market price referred to in Article 24 (3) of this Royal Decree.

First transient disposition. Installations covered by Royal Decree 2366/1994.

According to the provisions of the eighth transitional provision of the Law of the Electrical Sector, the electrical energy production facilities that the entry into force of the Law would be covered by the scheme provided for in the Royal Decree 2366/1994, as well as those referred to in the second provision of the said Royal Decree, shall maintain that scheme as long as the period laid down in that transitional provision does not apply, scheme provided for in this Royal Decree.

Any extension of an installation referred to in the first paragraph of this provision shall be applicable to the provisions of 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 once-enlarged installation, and those referred to the power shall be by that power. once the operation has been carried out.

However, the production facilities referred to in this provision may by means of express communication to the Directorate-General for Energy, which will transfer the market operator, to opt for the scheme. the economic situation applicable to them in accordance with this Royal Decree.

For the purposes of Article 2 (1) (d) of Royal Decree No 2366/1994, it shall be understood that the useful heat produced must meet the thermal needs of the producer-consumer as defined in paragraph 1. Article 9 of that Royal Decree.

Those installations which, at the entry into force of this Royal Decree, were giving up the useful heat produced to a consumer who does not legally coincide with the holder of the installation will have a period of adaptation of three years for compliance with the provisions specified in the preceding paragraph.

Second transient disposition. Application of previous provisions.

As long as the Ministry of Industry and Energy does not establish new technical standards for the operation and connection to the public service network of these facilities, the Order of the Ministry of Industry and Energy continues in force. of 5 September 1985.

Single repeal provision. Regulatory repeal.

Royal Decree 2366/1994 of 9 December 1994 on the production of energy by hydraulic, cogeneration and other installations supplied by renewable resources or sources of energy, as well as any other a provision of the same or lower rank in which the present Royal Decree is opposed, except as specified in the first provision.

Final disposition first. Character of the Royal Decree.

This Royal Decree has a basic character under the terms of Article 149.1.22. a and 25. a of the Constitution.

The references to the procedures will only apply to the state competition facilities and, in any case, will be in accordance with the provisions of Law 30/1992.

Final disposition second. About subsequent modifications of parameters or values.

The Minister of Industry and Energy is empowered to make necessary provisions for the development of this Royal Decree and the modification of the values or conditions laid down in its Annexes if considerations relating to the It is advisable to develop the economic and technical management of the system.

Final disposition third. Entry into force.

This Royal Decree will enter into force on 1 January 1999.

Given in Madrid on 23 December 1998.

JOHN CARLOS R.

The Minister of Industry and Energy,

JOSEP PIQUE I CAMPS

ANNEX I

Minimum performance for production installations

1. The performance of the facilities is given by the formula: R = (E + V) /Q.

Q = primary energy consumption, with reference to the lower calorific value of the fuel used.

V = heat units of useful heat demanded by the industry (s), the company (s) of services or the consumer (s) end (s) for their needs. It is considered, for the assessment of the useful heat demand, the thermal energy consumer equipment, to which the electrical production facility will be supplied under special conditions, located in one or more spaces and which are part of the assets of the consumer entity.

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) the required by high efficiency boilers in commercial operation.

A performance for the production of 90 per 100 useful heat is set, which will be reviewed according to the technological evolution of these processes.

3. The equivalent electrical performance (REE) of the installation shall be determined in the light of the above number by the formula: REE = E/ [Q (V/0.9)].

For the determination of the REE at the time of the extension of the March, the parameters E, V and Qduring an uninterrupted period of two hours of nominal load shall be counted.

For the purpose of justifying REE compliance in the annual declaration, the parameters E, V and Q accumulated during that period shall be used.

4. It shall be a necessary condition for the benefit of the special arrangements provided for in this Royal Decree, in the production facilities of groups a) and d) of Article 2 of this Royal Decree, which the equivalent electricity yield of the installation, average of an annual period, is equal to or greater than that corresponding to the fuel used with the following table:

REE

Percentage

Liquid fuel in boilers with boilers .................................................... 49

Liquid fuel in thermal engines ........................................................... 56

Solid Fuel ............................................................................................. 49

Natural gas and LPG in thermal engines ............................................................... 55

Natural gas and LPG in gas turbines and other technologies ..................................... 59

5. In installations using several conventional fuels, the minimum performance required, depending on the electrical energy and the primary energy which are technically imputable, shall be applied to each of them.

If conventional fuel other than those listed in number 4 is used, the General Energy Directorate shall be required to establish the minimum performance required for that fuel.

6. For the verification of the Equivalent Electrical Performance, both for existing and new installations, local measurement equipment and totalizers will be installed. Each of the E, Q and V parameters must have at least one measurement equipment.

ANNEX II (SEE IMAGE PAGE 44088)

ANNEX III

Central:

Name of the central ..........................................

Technology (1) ....................................

Site: Street or square, place, etc. ...............

Municipality .........................................................

Province ..........................................................

Group to which you belong (article 2) ........................

Distributor company to be made available to you .....................

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: .........................................................

Municipality: ........................................................

Province: .........................................................

Enrollment Date (in the Autonomic Record):

Provisional ........................................................

Definitive ..........................................................

______________

(1) Fluent hydraulics, pure pumping, mixed pumping, gas turbine, condensing steam turbine, counterpressure steam turbine, binado cyclocom, diesel engine, others (specify).

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