I

The voluntary prices for the small consumer and the rates of last resort are regulated in Article 17 of Law 24/2013, of December 26, of the Electrical Sector.

In this article, the voluntary prices for the small consumer are defined as the maximum prices charged by the traders who, as provided for in paragraph (f) of Article 6 of Law 24/2013, 26 of (a) December, assume the obligations of supply of reference, to those consumers who, in accordance with the rules in force, comply with the requirements to be applied to them. In addition, the rates of last resort are defined as those applying to specific categories of consumers in accordance with the provisions of the aforementioned law and its implementing rules. These rates of last resort will apply to consumers who have the status of vulnerable, and to those who, without complying with the requirements for the application of the voluntary price for the small consumer, are not have a supply contract in place with a free market marketer.

The voluntary price to the small consumer comes to replace the existing last resort tariffs until the approval of the cited Law 24/2013, of December 26, whose regulation was established in both Royal Decree 485/2009, April 3, for which the implementation of the supply of last resort in the electricity sector is regulated, which in its Article 7 established the methodology for calculating and reviewing the rates of last resort, as in the Order This is the case for the transfer of customers from the market to the market at the same time. the supply of the last electric energy resource and the procedure for calculating and structure the tariffs for the last electricity resource.

Article 17 of Law 24/2013 of 26 December states in paragraph 2 that, for the calculation of the voluntary prices, the cost of production of electrical energy will be included in its structure. in addition to the access tolls, charges and the marketing costs that correspond. It also provides that the cost of production will be determined in accordance with market mechanisms in terms that are developed in a regulated manner.

In addition to the above, Article 17 (4) states that the Government shall establish the methodology for calculating the voluntary prices for the small consumer and the rates of last resort, and which, by order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, will dictate the necessary provisions for the establishment of the same.

In the present royal decree the structure of the voluntary prices for the small consumer is determined, before tariffs of last resort, that will be of application to the consumers of low voltage with contracted power up to 10 kW. It also sets out the procedure for calculating the cost of electricity production which will include the voluntary price for the small consumer, in such a way that the principle of income sufficiency, additivity and non-profit-making is respected. distortions of competition in the market, as required by the standard, enabling its review.

To date, the cost of production has been estimated from the calculation method provided for in the previous regulations, taking as a reference the result of the auction that was held for this purpose. These auctions, referred to as CESUR auctions, are regulated in Order ITC/1601/2010 of 11 June 2010 governing the CESUR auctions referred to in Order ITC/1659/2009 of 22 June for the purpose of determining the cost of the auction. estimate of the wholesale contracts for the calculation of the rate of last resort.

This mechanism is a term hiring mechanism, for a quarterly horizon, in which the traders of last resort (now reference marketers) were participating as electrical energy acquirers. for the supply to consumers with the rate of last resort (now at the voluntary price for the small consumer).

The latest CESUR auction held on December 19, 2013 was not validated by the National Markets Commission and the Competition as a supervisory entity, pursuant to Article 6 of Order ITC/1601/2010, 11 June, and Article 14.1 of Order ITC/1659/2009 of 22 June, in view of the concurrence of certain atypical circumstances. Subsequently, and dated 7 January 2014, the Commission approved the Report on the development of the 25th CESUR auction, in which after a more detailed analysis of the available data confirmed and completed the reasons that led to propose the no validation of the auction. In particular, in its report it considers that there were "atypical circumstances" that prevented the bid from developing in an environment of "sufficient competitive pressure".

In view of the need to set a voluntary price for the small consumer before 1 January 2014, and taking into account the proposal of the National Markets Commission and the Competition of 26 December 2014. 2013 for the establishment of a procedure allowing the determination of the price of electricity from 1 January 2014, by means of Royal Decree-Law 17/2013 of 27 December 2011 determining the price of electricity In the first quarter of the year, the electricity supply in the first quarter of the year 2014, the mechanism was established to determine the price of the wholesale contracts to be used as a reference for the fixing of the voluntary price for the small consumer for the first quarter of this financial year 2014.

These events have recently highlighted the need for a review of the existing mechanism for the determination of the cost of electricity production.

Thus, this royal decree establishes that the determination of the cost of electricity production will be made based on the daily price of the market during the period to which the billing corresponds.

The billing shall be carried out by the reference marketer corresponding to the actual readings and considering the consumption profiles except for those supplies that have measuring equipment with capacity to telematic and telemanagement, and effectively integrated into the corresponding systems, in which the billing will be carried out considering the time values of consumption.

In this way, the mechanism set out in this royal decree represents a change of model, moving from a model in which the price of the estimated cost of energy was fixed a priori through a mechanism with a price of the future as in the case of the CESUR auctions, to a mechanism in which the consumer will pay the cost that the energy consumed in the period has had on the market.

Securing a stable price over a period implies a cost, which was implicit in the cost of energy resulting from the auction.

The proposed new mechanism will create savings for consumers who will not, as a general rule, have to deal with the payment of the cost of insurance on the price of a product traded on a futures market. In return, they will receive price changes resulting from the different price of energy at any given time.

This new mechanism will therefore allow for greater transparency in pricing, to eliminate the participation of the government, which convened the CESUR auctions, as well as to reduce consumer prices by decreasing the cost of securing, and ultimately, giving a higher price signal, which will encourage more efficient consumption patterns.

In addition and in the development of article 46.1.q) of Law 24/2013, of December 26, of the voluntary price for the small consumer and for those who can avail himself, in this royal decree is envisaged as alternative that the the consumer can contract with the reference marketer a fixed price of energy for one year. In this way, it is intended to offer a more stable price for the consumer, albeit with a higher cost of insurance. This price shall be public, transparent and comparable.

II

Given the above, and within the necessary regulatory revisions, the object of this royal decree is to establish the methodology for the calculation of the voluntary prices for the small developing consumer. Article 17 (4) of Law 24/2013 of 26 December of the Electrical Sector.

The necessary forecasts for the calculation and application of the tariffs of last resort to which vulnerable consumers and consumers, without having the right to the voluntary price for the consumer, are incorporated are incorporated. the small consumer, transimently lacking a contract with a free market marketer.

Additionally, Article 2 of the Royal Decree-Law 17/2013 of 27 December, determining the price of electricity in contracts subject to the voluntary price for the small consumer in the first quarter of 2014, provides for the mechanism of coverage of the reference marketers to be applied in the first quarter of 2014. Among other aspects, it determines in paragraph 3 that the amount of the amounts resulting from the application of the price difference shall be incorporated, where appropriate, in the calculation of the voluntary price to the small consumer of the period The following shall also be indicated that the appropriate regularisations of the quantities for each reference marketer shall be carried out.

Therefore, in this royal decree, the necessary aspects are developed for the realization of the appropriate regularisations of the quantities corresponding to each reference marketer.

In addition to the above, the conditions of the supply contract at a voluntary price for the small consumer are regulated in this rule, in order to establish a homogeneous content of such contracts, under the provisions of Law 24/2013 of 26 December of the Electrical Sector.

On the other hand, following the judgment of 5 April 2011, of the Third Chamber of the Supreme Court, which annuls Article 2 of Royal Decree 485/2009 of 3 April 2009, it is necessary to review the criteria for determining that Trading companies should provide the reference supply.

Thus, the obligation to supply at a voluntary price for the small consumer and at the rate of last resort is configured as a public service obligation.

Article 6.1.f) of Law 24/2013, of December 26, determines that the procedure and requirements to be a reference marketer shall be established.

Giving compliance to the above, this royal decree provides that the business groups, as defined in Article 42 of the Code of Commerce, which have supplied more than one year, will have the obligation to carry out this activity. of 100,000 customers or 25,000 customers in the case of the cities of Ceuta and Melilla, on average in the last twelve months, being the number of clients the main variable that allows to assure their technical ability, proceeding to the express designation of five companies, which had already been developing this activity, and the obligation for three other groups business to propose a marketing reference to the Minister of Industry, Energy and Tourism.

Similarly, and since it is a matter of the exercise of a public service obligation, the text sets out the requirements that guarantee consumer protection and the fulfilment of obligations for the sustainability of the consumer. electricity system, which must be complied with by other companies which would also like to supply the small consumer at a voluntary price. In particular, it has had a number of average customers in the last 12 months exceeding 25,000, and has met requirements relating to minimum social capital and seniority in the exercise of the activity.

To enable the proper implementation of the mechanism established in this royal decree, a transitional period is envisaged for the adaptation of the systems by the reference marketers. In addition, such adaptation is facilitated by the provision by the system operator of the information necessary to carry out the billing to consumers.

Also, the reporting obligations of the marketing companies to consumers with the right to be accepted at the voluntary price for the small consumer are strengthened, establishing an active role for the Commission. National of Markets and Competition both in the supervision of these companies and in the implementation of the necessary measures to facilitate the consumer access to the information and knowledge of the electrical system.

Taking into account the content of this standard, the repeal of Royal Decree No 485/2009 of 3 April 2009 regulating the implementation of the supply of last resort in the electricity and electricity sector is a matter for the Commission. of certain precepts of Order ITC/1659/2009 of 22 June establishing the mechanism for the transfer of customers from the market at tariff to the supply of the last electricity resource and the procedure for the calculation and structure of the rates of last resort of electricity and of Order ITC/1601/2010, of 11 June, for which it is regulate the CESUR auctions referred to in Order ITC/1659/2009 of 22 June for the purpose of determining the estimated cost of wholesale contracts for the calculation of the rate of last resort.

According to the provisions of article 5.2 (a) of Law 3/2013, of 4 June, of the creation of the National Commission of the Markets and the Competition, the provisions of this royal decree have been informed by the Commission National of Markets and Competition. The hearing procedure of this royal decree has been evacuated by consultation with the representatives in the Electricity Advisory Council, according to the provisions of the transitional provision of Law No 3/2013 of 4 June.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 28 March 2014,

DISPONGO:

TITLE I

Object and Scope

Article 1. Object.

This is the object of this rule:

(a) The establishment of the criteria for the designation of reference traders and their obligations in relation to the supply to certain groups of consumers who contract with them the prices which are determine in accordance with the provisions of this royal decree.

b) The establishment of the methodology for calculating the voluntary prices for the small consumer and the rates of last resort.

(c) The fixing of the conditions for the single-price offers of the reference traders for consumers entitled to the voluntary prices for the small consumer (PVPC), as well as the minimum conditions for these contracts.

d) The regulation of the conditions of supply contracts with reference marketers and their minimum content.

Article 2. Scope.

This royal decree will apply to reference marketers, consumers with the right to be welcomed to the voluntary prices for the small consumer or the last resort fees, as well as to the other subjects and actors participating in the mechanisms to be established for the fixing of such prices in accordance with the rules of application.

TITLE II

Reference marketers

Article 3. Requirements for reference marketers.

1. They shall have the status of reference traders throughout the Spanish territory and the obligation to assume the supply to consumers of electrical energy as determined in Article 4 of this royal decree, the traders who to this end they are designated as being integrated into the business groups as defined in Article 42 of the Trade Code, which have supplied more than 100,000 average customers in the Spanish territory in the last twelve months.

In the case of the cities of Ceuta and Melilla, the number of electricity supplies must exceed 25,000 average customers in the last twelve months, and the obligation may only reach the territory of the city. Respectively.

Every four years the obligation and the criteria to be designated by real reference marketing decree will be reviewed according to the degree of liberalization of the market and to adapt them to the situation of the electrical sector.

2. Reference to the following requirements may be marketed in the whole of Spanish territory:

a) Have a minimum social capital of 500,000 euros.

(b) the marketing of electrical energy for the supply to consumers over the last three years has been developed, having been maintained for this time without interruption in the performance of the requirements for legal, technical and economic capacity required under Title V of Royal Decree 1955/2000 of 1 December 2000 governing the transport, distribution, placing on the market, supply and authorisation procedures of electrical power installations.

In particular, the trading companies must prove that they have fulfilled the obligation to acquire the energy necessary for the development of their activities, as set out in Article 46.1 (c) of Law 24/2013, of 26 December, of the Electrical Sector.

(c) Not having been disabled for the exercise of the marketing activity in the last three years nor having been sanctioned by the commission of a serious or very serious administrative infringement in respect of the marketing of power by firm resolution on administrative basis, in the last year or in the last three years respectively, or belonging to any business group or related companies that would have been.

(d) Not having been transferred to clients in the last three years by a firm resolution on the administrative basis, or belonging to any business group or related undertakings which, having exercised the activity of marketing, you would have seen your customers pass through.

e) Having a minimum number of 25,000 average clients over the last twelve months in the Spanish territory.

Companies that meet the above requirements will be able to apply to the Ministry of Industry, Energy and Tourism for their designation as a reference marketer, attaching the documentation that accredits the compliance of the companies. requirements.

The Minister of Industry, Energy and Tourism will adopt, on the basis of a report from the National Commission on Markets and Competition, the resolution that corresponds to the maximum period of three months. The order in which the reference marketing applicant is designated shall be published in the "Official Gazette of the State", without prejudice to its inclusion in the list of reference marketers published on the website of the National Markets and Competition Commission with your updated contact details.

3. For the purposes of proving compliance with the condition referred to in paragraph 2 (b), the application for the designation of the reference marketer shall be accompanied by a certificate issued by the System Operator and, where appropriate, the Market operator, in which it is stated that the interested party has remained in compliance with the requirements of technical and economic capacity required in the regulations for the last three years.

Also, for the accreditation of legal capacity, the interested party must provide proof of a condition of a commercial company duly registered in the corresponding register or equivalent in his country of origin, and count on a social object that accredits the ability to sell and purchase electric power without limitations or reserves to the exercise of such activity.

4. Reference marketers designated in accordance with paragraph 2 shall be kept in compliance with those requirements during the performance of their business.

For these purposes, the competent body to inspect or to sanction, as appropriate, shall communicate to the Secretary of State of Energy both any non-compliance with these requirements and the imposition of sanctions in the (a) the placing on the market of electricity within the maximum period of one month from the time that they are firm on the administrative path.

If a reference marketer fails to comply with any of the conditions required for the exercise of its activity, the Ministry of Industry, Energy and Tourism may, after hearing the person concerned, declare the extinction of the habilitation to act as a marketer, as well as the transfer of the clients of said marketer to another reference marketer, in the terms provided for in Article 47.2 of Law 24/2013, of December 26.

5. Reference traders designated in accordance with paragraph 2 who wish to cease to be reference traders may do so provided that they have had such a condition for a minimum period of four years, and in accordance with the requirements and the procedure to be established.

Article 4. Supplies of the reference marketers.

1. In accordance with the provisions of Law 24/2013 of 26 December of the Electricity Sector, the reference traders will have to meet the requests for electricity supply and to formalise the relevant contracts with the The following consumers:

(a) Those who, in compliance with the requirements laid down in Article 5, choose to avail themselves of the voluntary price for the small consumer calculated in accordance with Title III.

(b) Those who, in compliance with the requirements laid down in Article 5 to benefit from the voluntary price for the small consumer, request to contract the fixed supply price offered in accordance with Title IV.

(c) Those who have the status of vulnerable persons and which result from the application of the rates of last resort according to the provisions of Article 17.3 of Law 24/2013 of December 26, and in Title V of this royal decree.

(d) Those who, without complying with the requirements for the application of the voluntary price for the small consumer, are temporarily without a contract in force with a free trade marketer, and the corresponding rates of last resort in accordance with the provisions of article 17.3 of Law 24/2013 of December 26, and in Title V of this royal decree.

(e) Those which, as a result of the failure to comply with the conditions required for the marketing of a marketing undertaking, are subject to a transfer in accordance with Article 47.2 of Law 24/2013 of 26 December.

For the purposes of paragraphs (d) and (e), the reference marketer obliged to supply these consumers shall be that which belongs to the same business group or is directly or indirectly involved in the business group. the vendor to which the supply is connected. In cases where the distribution company belongs or participates directly or indirectly in more than one business group which has a reference marketing undertaking, consumers shall pass on to the reference marketer of the same group. business.

In the event that the distributor does not belong to the same business group and does not participate directly or indirectly in a reference marketer, the reference marketer shall be that belonging to the business group owner of the distribution network connected to the network of the distributor to which the supply is directly connected.

2. However, the reference marketer shall be exempt from the obligation laid down in the preceding paragraph where the supply or prior access contract has been terminated by default or where the consumer is in a position in a the procedure for the suspension of supply for non-payment. In these cases, the provisions of Article 86.2 of Royal Decree 1955/2000 of 1 December 2000 governing the transport, distribution, marketing, supply and authorisation procedures of the Member State concerned shall apply. electrical power installations.

3. The reference traders shall keep separate accounts in their internal accounts, differentiating the revenue and expenditure strictly attributable to the supply made to those consumers who are eligible for a voluntary price. consumer.

TITLE III

Voluntary prices for the small consumer

CHAPTER I

Definition and structure of voluntary prices for the small consumer

Article 5. Definition and conditions of application of the voluntary prices for the small consumer.

1. The voluntary prices for the small consumer will be the maximum prices which may be charged by the reference traders to consumers who are engaged in such a price, in accordance with Article 17 of Law 24/2013 of 26 May. December, of the Electrical Sector, and in the terms foreseen in this royal decree.

2. The voluntary prices for the small consumer will be the result of applying the calculation methodology provided for in this royal decree and will be fixed considering the structure of access tolls and charges in force at any time.

3. Voluntary prices for the small consumer may be eligible for the holders of supply points made at voltages not exceeding 1 kV and with a contracted power less than or equal to 10 kW. This power limit may be amended by order of the Minister for Industry, Energy and Tourism, with the agreement of the Government's Delegation for Economic Affairs.

4. A consumer shall be deemed to be at the voluntary price for the small consumer when, in compliance with the requirements to qualify for that price, he is supplied and has formalised the relevant supply contract with a reference marketer and has not expressly received another mode of procurement.

5. Unless otherwise expressed by the consumer, the mode of procurement with the reference marketer shall be on a voluntary basis for the small consumer.

The consumer shall be understood to have made an express expression, provided that the consumer is accredited by any comparable means to ensure the identity of the consumer.

6. The voluntary prices for the small consumer shall not include any other product or service, whether energy or not, offered directly by the reference marketer or by third parties, without prejudice to the provisions of Article 7.6 of this Regulation. decree.

In the event that the consumer has chosen to rent the measuring equipment to the distribution company, the price of the measure must be specified separately, stating the rules for which it has been established.

7. In accordance with Article 17.5 of Law 24/2013 of 26 December, on the voluntary prices for the small consumer for each category of consumption, the corresponding taxes will be applied.

8. The duration of the supply contracts on a voluntary basis for the small consumer will be annual and will be automatically extended for equal periods. For these purposes, the reference marketer shall send the consumer a communication, in writing or any medium on a durable medium, at least two months in advance of the date of termination of the contract. In such communication, it shall be expressly stated that if the consumer does not apply for a new contract, either with the reference marketer or with any other marketer, the end date shall remain applicable to the consumer. voluntary price for the small consumer with the same reference marketer, indicating the terms of the contract corresponding to the same.

However, the consumer will have the right to terminate the contract before its completion or completion of any of its extensions, at no cost.

In the event that the contract resolution is motivated by a change of marketer, the consumer will communicate it to the incoming marketer for the purpose of communicating it to the appropriate distributor and initiating the contract. trade change procedure.

9. The maximum time limit for the change in the marketer of consumers entitled to the voluntary price for the small consumer will be 21 days, counted from the receipt of the request for change by the distributor, and without the injury that the maximum closing time of the settlement with the outgoing marketer shall be 42 days from the date on which the trading change occurs.

However, in those supply points where there is no need for action on the premises, the consumer may choose to make the change in the marketer within the maximum period of 15 days. following the request, where applicable according to the reading cycle or also on the date chosen by it, which it shall communicate to the marketer.

In those supply points where it is necessary for the distributor to take action on the premises, the change will take place when the above actions are carried out, which in any case will have to comply with the deadlines. (i) To this end the distributor will proceed to close the readings along with the performances on the premises.

10. For the closing of the billing, the measurement estimate when the change in the marketer or the hiring mode occurs outside of the reading cycle, will be performed according to the method of estimation of measures in force for the change of marketer.

Article 6. Calculation of the voluntary prices for the small consumer.

1. The voluntary prices for the small consumer will be determined in accordance with the mechanisms provided for in this royal decree and in its development regulations.

2. The voluntary prices for the small consumer will be calculated by including the following concepts:

(a) The cost of production of electrical energy, to be determined on the basis of the hourly price of the daily and intraday markets during the period to which the billing corresponds, the costs of the adjustment services of the system and, where applicable, other costs associated with the supply as set out in this royal decree.

The billing shall be carried out by the reference marketer corresponding to the actual readings in accordance with the provisions of the implementing rules. In the case of supplies which have measuring equipment capable of telematic and telemanaging, and effectively integrated into the corresponding systems, the billing will be carried out in the light of the time values of consumption provision or, where appropriate, referred to by the person in charge of the reading. However, where the supply does not have a measuring equipment with a telematic and telemanaging capacity, and effectively integrated into the corresponding systems, the billing shall be carried out in accordance with the actual readings by periods made available to the traders by those in charge of the reading, the consumption profiles calculated in accordance with the provisions of this royal decree.

b) The access tolls and charges that correspond.

c) The marketing costs that are determined in this royal decree.

3. As a general rule, the review of the components of the cost of electricity production of the voluntary prices for the small consumer referred to in paragraph 2, as appropriate, shall be carried out in accordance with the provisions laid down in this royal decree, without prejudice to the revisions of the access tolls, charges and other regulated costs.

4. The periodicity of the reading and the billing as well as the way to proceed in those cases where there is no real reading, will be carried out according to the provisions of the Royal Decree 1718/2012, of December 28, for which it is determined the procedure for performing the reading and billing of low voltage power supplies with contracted power not exceeding 15 kW.

Article 7. General structure of the voluntary prices for the small consumer.

1. The voluntary prices for the small consumer will be determined on the basis of the access toll associated with each supply point and will be composed of a power term, an access toll energy term, a term corresponding to the the time-cost of the energy and, where appropriate, a term of the reactive energy.

2. The term of power of the voluntary price for the small consumer, TPU, expressed in euro/kW and year, shall be the term of power of the access toll and charges plus the marketing margin, calculated according to the following formula:

TPU = TPA + MCF

Where:

TPU: PVPC power term.

TPA: Access toll power term and application charges to the supply, expressed in euros/kW and year.

MCF: Marketing margin, expressed in euro/kW and year to be fixed by order of the Minister of Industry, Energy and Tourism, prior to the Agreement of the Government Delegation for Economic Affairs.

3. The term energy of the voluntary price for the small consumer in the tariff period, TEUp, expressed in euro/kWh, will be equal to the energy term of the corresponding access toll and charges, calculated according to the following formula:

TEUp = TEAp

Being:

p: Subindex that identifies each tariff period of the access toll.

TEUp: PVPC power term in the tariff period p, as appropriate.

TEAp: Power term of the access toll and charges in the tariff period p, as applicable, of application to the supply, expressed in euro/kWh.

4. The term cost time of the voluntary price for the small consumer, TCUh, will be equal to the sum of the production cost term, according to the following formula:

TCUh = (1 + PERDh) × CPh

TCUh: PVPC power-time cost term in each hour, expressed in euro/kWh.

CPh: Cost of production of the energy supplied in each hour expressed in euro/kWh.

PERDh: Coefficient loss of application access toll to provisioning at hour h, as set out in the additional provision Quarta.2a).

5. Where appropriate, the term 'reactive energy', expressed in euro/kVArh, to be determined in accordance with the conditions laid down for the application of this term in Royal Decree 1164/2001 of 26 October 2001 establishing tariffs for the access to the electricity transmission and distribution networks.

6. In the quantities resulting from the application of these prices, in accordance with the provisions of Article 17 (5) and 17.6. of Law 24/2013 of 26 December of the Electricity Sector, taxes, surcharges and charges on the the consumption and supply of electricity with a mandatory impact and that the reference companies are responsible for entering as taxable persons, as for the payments referred to in Article 14.9 of Law 24/2013, of 26 of December, nor those others whose impact on the user is required by the current regulations.

7. The system operator will perform the calculations of those values of the components of the voluntary price for the small consumer that are determined in this royal decree, and will publish on its website the day before the supply for each of the 24 hours on the following day, the information in accordance with Annex I.

Published values shall be considered as firm for the purpose of their use by reference marketers for billing to consumers.

8. The system operator shall send to the Secretariat of State Energy a quarterly monitoring report on the evolution of the cost of production (CPH) and the cost of energy time, including the details of the different components, in the actual values in accordance with the rules and their comparison with the values used for the calculation of the voluntary price of the small consumer in the same period analysed.

Article 8. Determination of the components of the billing of the voluntary prices for the small consumer.

The voluntary price billing for the small consumer will be made up of the sum of the terms of power billing, active energy billing and in your case of reactive energy billing, which is calculate in accordance with the following paragraphs:

1. Power billing term (FPU): The annual power billing term, expressed in euro, shall be the product of the power to be invoiced, Pot expressed in kW, for the price of the term of power of the voluntary price for the small consumer, TPU, expressed in euro/kW and year, according to the following formula:

FPU = TPU × Pot

The billing for this term will be done proportionally to the number of days of the year included in the corresponding billing period.

The power to be invoiced (Pot) shall be the power contracted, in cases where the power control is carried out by limiting the power used to the contract, either by means of a counter incorporating the power control or power control switches (ICP).

The contracted power will be the one needed to cover the maximum power to demand considering all the tariff periods.

In the case where the power control is performed by means of a maximum the power to be invoiced shall be calculated according to the following:

(a) If the registered maximum power is within 85 to 105 percent of the contracted power, the power to be invoiced shall be the power to invoice.

(b) If the maximum registered power is greater than 105 per cent of the contracted power, the power to be invoiced (Pot) shall be equal to the value recorded more than twice the difference between the value recorded and the value corresponding to 105 percent of the contracted power.

(c) If the maximum power demanded is less than 85 percent of the contracted power, the power to be invoiced (Pot) shall be equal to 85 percent of the said contracted power.

2. Active Energy Billing Term (FEU): The active energy billing term for the corresponding billing period, expressed in euro, shall be the sum resulting from multiplying the energy consumed during the period of billing for each tariff period, for the price of the corresponding energy term according to the following formulae:

(a) In the case of supplies that have measuring equipment capable of telemetry and telemanagement, and effectively integrated into the corresponding systems, it will be obtained:

Where:

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Ep = Energy consumed in the tariff period p expressed in kWh.

Eph = Energy consumed in hour h of the tariff period p, expressed in kWh.

TEUp = The price of the energy term of the voluntary price for the small consumer of the tariff period p, expressed in euro/kWh.

TCUh: Price of the term cost of energy of the voluntary price for the small consumer, in each hour h, calculated in accordance with this title, expressed in euro/kWh.

(b) As long as no measuring equipment is available for telemetry and telemanagement, and effectively integrated into the corresponding systems, it shall be calculated according to the following:

An image appears in the original. See the official and authentic PDF document.

Ep = Energy consumed in the tariff period p expressed in kWh.

TEUp = The price of the energy term of the voluntary price for the small consumer of the tariff period p, expressed in euro/kWh.

TCUh: Price of the term cost of energy of the voluntary price for the small consumer, in each hour h, calculated in accordance with this title, expressed in euro/kWh.

ch: Time coefficient of the adjusted consumption profile hour of application to supply for the purpose of billing the voluntary price for the small consumer.

These coefficients of the adjusted consumption profile will be calculated by Red Electrica de España S.A., as operator of the system, according to the provisions of this royal decree and published for each electric week the prior to the same and made available to the subjects in a format that allows their electronic treatment.

The system operator will calculate these hourly rates of the adjusted consumption profile from the initial profiles approved by resolution of the Director General of Energy Policy and Mines under development. In Article 32 of the Unified Regulation of Measurement Points of the Electrical System approved by Royal 1110/2007, of 24 August, updating the latter with the best estimate of demand available.

For the purposes of applying this paragraph for the billing of supplies that do not have measuring equipment with capacity for telematic and telemanagement effectively integrated into the corresponding systems, the system operator shall calculate and make available to the subjects in accordance with the provisions of Article 7.7 and in a format that allows their electronic processing the value of the term:

An image appears in the original. See the official and authentic PDF document.

In addition, the system operator shall provide, in accordance with Article 7.7, and taking into account the prices of the access tolls in force for each tariff period, the value of the term:

An image appears in the original. See the official and authentic PDF document.

The system operator will implement on its website a tool that will allow to obtain each of the possible combinations of these terms for each access toll and tariff period according to the start and end date. in the last mobile year. For the purposes of applying these terms in the billing to the consumer, the initial reading day shall be deemed to be excluded and the final reading day shall be included. In any event, the invoice shall be clearly entered in the invoices for the start and end dates of the billing period which may be introduced by the consumer for the purposes of using the simulator of the National Markets and Competition Commission. referred to in article 20.3 of this royal decree.

3. Reactive energy billing term: The conditions set for the application of the reactive energy billing term, expressed in euro, as well as the obligations in relation to it, shall be as fixed for toll 2.0.A Royal Decree 1164/2001 of 26 October 2001 establishing tolls for access to the transmission and distribution networks of electrical energy.

CHAPTER II

Electrical Power Production Cost Calculation Procedure

Article 9. Determination of the cost of energy production.

1. The cost of producing the energy to be considered in the fixing of the voluntary prices for the small consumer, CPh, will take a different value for each hour h and will be calculated according to the following formula:

CPh = (Pmh + SAh + Och)

Where:

h: time of each tariff period to which the access toll corresponds to be considered in the calculation of the voluntary price to the small consumer for the billing period between two readings.

Pmh: Average time price obtained from the results of the daily and intraday market at the time of the tariff period p as set out in Article 10 of this royal decree.

SAh: The value of the cost for the system tuning services associated with the provisioning at time of the tariff period p. The value of SAph shall be calculated as set out in Article 11 of this royal decree.

Och: Other costs associated with the supply which may include, inter alia, the amounts corresponding to the payment of the marketer for the financing of the remuneration of the market operator and the system operator, as well such as those corresponding to the capacity mechanisms and funding of the interruptibility service.

2. The terms that make up the cost of production of the energy that will be composed of the average hourly price (Pmh), the cost for the system adjustment services associated with the supply (SAh), as well as other costs associated with the supply (Och), with the breakdown of each of its components will be calculated by the system operator according to the provisions of this royal decree and published by that operator on its website before 20h 15 min of the previous day to the supply for each of the 24 hours of the next day. For this purpose, the market operator shall make available to the system operator before 20h of the previous day the necessary price and quantity data resulting from the daily and intraday market.

Article 10. Determination of the cost of energy in the daily and intraday market.

The average hourly price, Pm_h; obtained from the daily and intraday market results in hour h shall be obtained from the marginal daily market price at that time and from the intraday market price in that time according to the following:

An image appears in the original. See the official and authentic PDF document.

Where:

PMD_h: Marginal price of the daily market in every hour h.

EMD_h: Married energy on the daily market in every hour h.

PMI_{h, n}: Marginal price at time of intraday market session n.

n: Each of the intraday market sessions that are considered for the purposes of the calculation of PMh according to the provisions of this royal decree and which may be reviewed at the order of the Minister of Industry, Energy and Tourism.

EMI_{h, n}: Power that is married in hour h of the intra-day market session.

Article 11. Determining the cost of system tuning services.

The value of the cost for the system tuning services associated with the provisioning in hour h, SAh, will be calculated according to the following formula:

SAh = PMASh + CDSVh

Being:

PMASh: The time price for all system tuning services whose cost is assigned to the demand. The hourly price PMASh shall be that corresponding to the estimate made by the system operator as provided for in this royal decree and published on the day before the supply, for each of the 24 hours of the following day.

CDSVh: Cost of the hourly deviations per MWh consumed from the reference marketers corresponding to the estimate made by the system operator according to what was foreseen in this royal decree and published on the day prior to the supply, for each of the 24 hours the following day.

Article 12. Determination of the term of other costs to include in the calculation of the term energy from the voluntary price to the small consumer.

The value of the cost corresponding to other costs associated with the provisioning in the tariff period p, Och, will be calculated according to the following formula:

Och = CComh + CCOSh + CAPh + INTH

Being:

CCOMh: amount relative to the payment of the market for the financing of the remuneration of the Operator of the Iberian Energy Market, Spanish Polo, expressed in euro/MWh and fixed according to the regulations in force in each time. This amount will be the same for all hours and tariff periods.

CCOSh: amount relating to the payment of the marketer for the financing of the remuneration of the System Operator, expressed in euro/MWh and fixed in accordance with the implementing rules. This amount will be the same for all hours and tariff periods.

CAPh: Payment of the generation capacity mechanisms corresponding to the consumption in the hour h, expressed in euro/MWh, and fixed in accordance with the implementing regulations at each moment.

INTh: time value for the payment of the reference marketers for the financing of the interruptibility service expressed in euro/MWh as provided for in the implementing rules. This price shall be calculated by the system operator and published on the day before the supply, for each of the 24 hours of the following day.

TITLE IV

Alternative offer of fixed-price reference marketers for consumers entitled to the voluntary price for the small consumer

Article 13. Definition of the alternative offer for consumers entitled to the voluntary price for the small consumer.

1. Each reference marketer shall be obliged to make an alternative offer at the voluntary price for the small consumer to consumers entitled to such a voluntary price where a fixed supply price is established for a consumer. period of one year.

This offer will be uniform at any time for all consumers entitled to a voluntary price for the small consumer throughout the Spanish territory. In the case of reference traders who do not carry out the activity throughout the Spanish territory, the offer shall be made for the territorial area corresponding to them.

2. All reference marketers shall have an obligation to maintain a single offer in force at any time.

3. The obligation to make the offer at a fixed price shall be deemed to be fulfilled by the publication of the offer on the website of the National Markets and Competition Commission.

Article 14. Terms of the annual fixed price offer for consumers entitled to the voluntary price for the small consumer.

1. The annual fixed-price offer shall clearly and unequivocally collect the following concepts:

(a) The prices corresponding to the access tolls and, where applicable, the charges and other costs that are applicable to the supply, stating the regulations for which they are set and their billing conditions and indicating those that can be reviewed.

b) A price for the remainder of the cost of the electricity supply, which will be fixed for the entire duration of the contract and will be expressed in euro/kWh.

2. The offer may apply to any consumer entitled to the voluntary price for the small consumer.

3. The offer must collect the final amount, including all the concepts. This information should be highlighted in the offering.

However, in order to facilitate greater clarity and transparency in price formation, this information will be broken down by communicating the taxes, tolls, charges and other costs that make up the price.

4. The offer shall not include any other product or service, whether energy or not, offered directly by the reference marketer or by third parties.

In the event that the consumer has chosen to rent the measuring equipment to the distribution company, the price of the measure must be specified separately, stating the rules for which it has been established.

5. The price offered for the remainder of the cost of the electricity supply may only be subject to review after the one-year period from the formalisation of the relevant supply contract, according to the offer in force at any time.

Prices for access tolls and, where applicable, charges and other costs that are applicable to the supply, may be subject to review in accordance with the relevant regulations.

In both cases the offer must be clearly, understandable and transparent to the conditions of review.

6. The reference traders shall communicate those tenders to the National Commission of the Markets and the Competition, which shall verify the adequacy of their conditions as provided for in this royal decree and publish them on their website in a maximum 5-day time from receipt, together with the remaining annual trade offers referred to.

The period of validity of the offer, once published on the website of the National Commission of the Markets and the Competition will be at least one month and will be applicable for the period of one year once the corresponding supply contract.

7. The duration of the contract of the annual fixed-price offer to be concluded between the reference marketer and the consumer entitled to the voluntary price for the small consumer shall be one year.

In the contract to be formalised, it will be established in a clear and comprehensible manner for consumer choice which, at the end of the contract, of no express consent of the consumer, may be applied by the consumer. Reference marketer one of these two options:

a) the voluntary price for the small consumer, or

(b) the renewal of the annual fixed-price offer in force and published on the website of the National Markets Commission and the Competition on the date corresponding to that of the invoice before the end of the contract.

The acceptance by the consumer at the time of hiring of either of these two alternatives will be performed on an inclusion option basis.

In any event, the reference marketer shall forward to the consumer a communication, in writing or by any means that has a durable medium, on the invoice prior to the end date of the contract and, in any case, a month before.

This communication should include the date of completion and the different alternatives for the existing procurement for the consumer. The new conditions offered for renewal will be reflected in the offer in force at any given time and, expressly, if the consumer does not apply for a new contract, either with the same reference marketer or with any other marketer, starting from the end date of the contract will automatically apply to you the hiring mode determined by your choice for these cases in the formalized contract.

In any case, the option that the consumer would have chosen in his contract will be applied, as long as the cash exchange is not produced and once the contract has ended at a fixed annual price.

8. The annual fixed price offer shall clearly indicate any penalties to be applied to the consumer in the case of early termination of the contract by the consumer before the end date of the contract.

In no case shall the reference marketer unilaterally terminate the annual fixed-price contract prior to its completion, except in the case of a supply suspension scenario.

In the event that the consumer unilaterally terminated the contract at a fixed annual price before its completion, the maximum penalties for termination of contract which the reference marketer may impose, when the latter is accredit that they have been caused damages, they will not be able to exceed 5 percent of the price of the contract for the estimated energy pending of supply. For this purpose, the method of estimating the current measures for the change of marketer shall be used.

TITLE V

Last resource rate pricing and structure definition

Article 15. Last-resource rates.

1. In accordance with Article 17.3 of Law 24/2013 of 26 December of the Electricity Sector, the rates of last resort shall apply:

a) Consumers who have the status of vulnerable.

b) To those consumers who, without complying with the requirements for the application of the voluntary price for the small consumer, are not in possession of a supply contract in force with a market marketer free.

2. Reference marketers shall be required to meet requests for the supply of electricity and to formalise the relevant contracts with the consumers referred to in the preceding paragraphs. The terms of the contract which are formalised with consumers who have the status of vulnerable will be governed by the provisions for consumer contracts under the voluntary price for the small consumer.

However, the reference marketer shall be exempt from the obligation laid down in the preceding paragraph in the cases and subject to the conditions laid down in Article 4.2

Article 16. Rate of last resort fee for vulnerable consumers.

1. The price of the last resort fee to be paid to the reference marketer by consumers vulnerable for the electricity consumed shall be that resulting from the application of the provisions of Title III for the calculation of the price voluntary for the small consumer by discounting 25 percent in all the terms that make it up.

2. By order of the Minister of Industry, Energy and Tourism, prior to the Agreement of the Government Delegation for Economic Affairs, this percentage may be modified.

3. The social bonus applied to the vulnerable consumer will be the difference between the billing for the small consumer and the billing at the rate of last resort.

4. In accordance with Article 17. 5 of Law 24/2013, of December 26, on the rates of last resort for each category of consumption will apply the corresponding taxes.

Article 17. Price of the tariff of last resort for consumers who, without being entitled to the voluntary price for the small consumer, are temporarily lacking a supply contract.

1. The price of the last resort tariff to be paid to the reference marketer for the electricity consumed, the consumers without the right to avail themselves of the voluntary price for the small consumer, and who are temporarily lacking a supply contract in force with a marketer and continue to consume electricity, shall be the one to apply for its calculation in its structure in the following terms:

a) The terms of the access tolls that correspond to the point of supply to which the billing must be performed, increased by 20 percent.

(b) Other terms including the voluntary price for the small consumer as provided for in Title III for the calculation of the voluntary price for the small consumer for the consumer with a toll of 2.0A access without time discrimination increased by 20 percent in all their concepts.

2. On the order of the Minister for Industry, Energy and Tourism, after the Government's Delegation for Economic Affairs Agreement, the percentages set out in the previous paragraph may be amended.

3. The reference marketer shall pay the distributor for these consumers the access toll corresponding to them in accordance with the provisions of Royal Decree 1164/2001 of 26 October 2001 and its implementing rules.

4. In addition to the above, the revenue which, pursuant to paragraph 1, is to be obtained by reference traders above those corresponding to the voluntary price for the small consumer shall be regarded as liquidable income, the reference marketer shall be credited to the distributor to which the consumer is connected within a maximum period of 10 days from the date of such revenue. The distributor shall declare such revenue for the purposes of Royal Decree 2017/1997 of 26 December for which the procedure for the clearance of the costs of transport, distribution and marketing at the cost of costs is organised and regulated. the system and the costs of diversification and security of supply.

5. In accordance with Article 17. 5 of Law 24/2013, of December 26, on the rates of last resort for each category of consumption will apply the corresponding taxes.

TITLE VI

Power supply contracts and transparency and information obligations

CHAPTER I

Power supply contracts with reference marketers

Article 18. Contracts necessary for the supply of energy.

1. As a general rule, consumers with the right to receive voluntary prices for the small consumer will jointly contract the purchase of energy and access to the networks with the same reference marketer. In this case, the trader will contract with the distributor the access to the networks on behalf of the consumer, being obliged to communicate the duration of the contract of purchase of energy, which will not be effective until the network access.

In any case the reference marketer shall be responsible for the fulfilment of the obligations laid down in paragraph (d) of Article 46.1 of Law 24/2013 of 26 December.

2. The energy procurement contract shall be formalised between the consumer entitled to the voluntary price to the small consumer and the reference marketer with the minimum content provided for in the following Article.

The reference marketer must have at all times the documentation that accredits the client's willingness to contract the supply on its behalf.

3. Consumers who choose to hire separately the purchase of energy and access to the network must contract directly with the distributor the access to the networks by being obliged to accredit the contract of purchase of energy, as well as the duration of the same and the particular subject with whom they are subscribed.

4. In any event, the holder of the contract of supply and, where appropriate, of access, shall be the effective user of the energy, which may not use it in a different place for which it was contracted, nor cederla, nor sell it to third parties.

5. The general conditions included in the contracts will be fair and transparent, and must be in line with the rules in force in the field of consumer contracts. They shall be explained in clear and comprehensible language and shall not include non-contractual obstacles to the exercise of the rights of the clients.

These conditions will be made known in advance and, in any event, must be communicated prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to above shall also be communicated prior to the conclusion of the contract.

In any event, before the user is bound by any distance or off-premises contract, the reference marketer will provide you with clear and understandable information about the information to which you are refers to Article 97 of the recast text of the General Law on the Rights of Consumers and Users and other complementary laws, adopted by Royal Legislative Decree 1/2007 of 16 November.

Article 19. Minimum content of contracts.

1. Contracts for the supply of electrical energy with reference marketers within the scope of this royal decree shall have at least clearly specified the following data:

(a) Identity and address of the reference trading company.

b) Procurement mode applicable to the supply, expressly distinguishing whether it is a voluntary price to the small consumer or annual fixed price.

c) The unified provisioning point code, access or access contract policy number, and contracted powers.

In the event that the reference marketer does not contract on behalf of the consumer the access to the networks with the distributor, the marketer shall not be obliged to include in the supply contract the policy number of the access contract.

d) Reference to the website of the National Commission of the Markets and the Competition in which annual commercial offers for consumer groups are included.

e) Contract duration and conditions for extension or renewal.

f) Contract termination and resolution causes, and, where applicable, penalties, as well as the procedure to perform one or more.

The causes of termination and termination of the contract which are free of charge to the consumer, including, where the consumer is accepted at the voluntary price for the small consumer, will be expressly indicated. of their right to terminate the contract by unilateral will of the consumer.

g) Information on prices, including taxes, tolls and charges applicable and, where applicable, official provision where they are fixed. This information must be clear in such a way as to allow comparison with other offers, and must be permanently updated, in accordance with the provisions of this respect as regards the rights of consumers.

h) Information about the service of complaints, complaints and incidents in relation to the service contracted or offered, as well as requests for information on the aspects relating to the procurement and supply or communications. In particular, the postal address, telephone service and telephone number, both free of charge, and the fax number or email address to which the consumer can address directly.

i) The dispute settlement procedure established in accordance with the provisions of Law 24/2013 of December 26, and its implementing regulations.

(j) Information on the necessary measurement and control equipment that consumers should have installed for the procurement of electricity supply, and for the correct billing and application of access tolls, charges and other prices.

k) Recognition of the right to choose the means of payment, among those commonly used in commercial traffic.

l) Information concerning the processing of personal data of the client, in the terms required by the legislation in force in this field.

m) Information regarding the procedure for suspending the supply of electrical energy.

n) A mechanism for correcting errors in billing as a result of administrative and measurement errors, clearly delimiting the scope and responsibilities of the marketer and the distributor.

o) Contract and subrogation conditions of the contract.

p) Clauses under which the conditions set out in the contract may be modified. The content of these clauses will be transparent and understandable.

q) Applicable compensation and reimbursement rights if the contracted quality levels are not met, as well as other consumer rights in relation to the supply.

2. The consumer will have, in addition to the rights set out in Article 44.1 of Law 24/2013 of 26 December, of the Electrical Sector, the right to be informed and advised by the reference marketer at the time of the contract on the access and power or powers to hire more suitable, and other conditions of the contract, as well as the power attached to the installation in accordance with the provisions of the implementing rules for electrical connections.

3. Consumers shall be duly advised of any intention to modify the terms of supply at least one month in advance, and shall be informed of their right to terminate the contract without penalty when they receive the notice.

4. The contract at a voluntary price to the small consumer or at a fixed annual price shall not include any other product or service, whether energy or not, offered directly by the reference marketer or by third parties.

CHAPTER II

Price information and comparison

Article 20. Reporting obligations.

1. The reference marketers shall forward to the Spanish Agency for Consumption, Food Safety and Nutrition the general conditions of procurement that integrate the electricity supply contracts.

2. Reference marketers must report on all their invoices to consumers who meet the conditions for voluntary pricing for the small consumer of the existing procurement options, and of the obligation of the such traders shall supply them in accordance with the provisions of the implementing rules.

In addition, they will detail in their invoices the references to the websites of the National Commission of the Markets and the Competition where the list of all marketing companies is found, both of reference and in market free, indicating their free phones and web pages, and must include in all invoices the reference to the website where the information regarding the requirements that they must meet will be collected to be entitled to the rate of last resort vulnerable consumers entitled to the application of the social bond and the data of the service attention to where to obtain such information.

3. Without prejudice to the obligation of reference marketers to report through the services of free consumers, the National Commission of the Markets and the Competition will carry out the necessary measures to inform consumers about the functioning of the electrical system. To this end, it shall publish a specific information page on its website which shall be updated with the information to be submitted by the marketing companies on their offers, both at annual and free market prices.

In addition to the above, the Commission will have to enable on its website a tool to enable the consumer to use the voluntary price for the small consumer to simulate their billing by introducing the data. necessary, initial and final dates of reading, contracted power and consumption recorded in each tariff period, in order to facilitate the information and monitoring of the supply of electrical energy. This tool will also allow, compare this price with the offers at fixed annual price in comparable and homogeneous terms in time. Similarly, the National Markets and Competition Commission will have to publish on its website a list of the reference marketers, including their updated contact details, including a fax number, a e-mail address and a mailing address for receipt of inquiries, as well as for receipt of social bonus grant requests.

Any event that involves the modification of any of the data defined in the previous paragraph, will be communicated by the reference marketer to the National Commission of the Markets and the Competition, within the maximum period of 10 days counted from the time they occur.

4. Without prejudice to the marketing of reference, any marketing undertaking which has annual commercial offers for consumer groups shall communicate them to the National Commission on Markets and Competition, taking into account the requirements and formalities laid down in Articles 13 and 14, who shall publish them on their website, together with the other offers of the reference traders, in accordance with the provisions of the Additional Ninth of the Order ITC/3519/2009, of 28 December, for which access tolls are revised from 1 of January 2010 and the fees and premiums of the special scheme facilities.

Additional disposition first. Listing of reference marketers.

1. In accordance with Article 3.1 of this royal decree, the following companies are designated as reference marketers throughout the Spanish territory:

a) Endesa Energia XXI, S.L.U.

b) Iberdrola Marketing of Last Resort, S.A.U.

(c) Natural Gas S.U.R. SDG, S.A.

d) E. ON Comercializadora de Ultimo Resource, S.L.

e) EDP Comercializadora de Ultimo Resource, S.A.

Reference marketers thus designated who, prior to the entry into force of this royal decree, would have been authorized to simultaneously exercise the supply obligations of last resort in the gas sector may continue to do so in a single reference marketing company or last resort.

2. Pursuant to Article 3.1, each of the business groups to which the companies Cide HC-Energia S.L., the electric lighting company of Ceuta, S.A. and Gaselec diversification, S.L., belong, must apply to the Ministry of Industry, Energy and Tourism, within the maximum period of two months from the entry into force of this royal decree, the designation of one of the companies that integrate it as a reference marketer, attaching to this purpose the necessary documentation that accredit the fulfilment of the requirements expressed therein. In the case of Empresa de Lighting Electricidad de Ceuta, S.A. and Gaselec diversification, S.L., it must be indicated in addition if they wish to carry out the marketing activity throughout the Spanish territory or only in the area of their autonomous city respective.

The Council of Ministers will designate, by means of a royal decree, within the maximum period of three months from the submission of these requests and after the National Commission of the Markets and the Competition report, to the aforementioned reference marketers as well as their scope of action.

Additional provision second. The unification of the reference or last resort companies.

Business groups or undertakings which simultaneously have obligations for the supply of a reference or a last resort in the electricity and gas sectors, respectively, may be able to unify such obligations. obligations in a single reference marketing undertaking or last resort.

For these purposes, such business groups or companies must submit their request to the Ministry of Industry, Energy and Tourism, indicating the name of the company that will assume the reference obligations in both sectors. The Ministry of Industry, Energy and Tourism will determine the date from which the transfer to that company of consumers will be made effective at the rate of last resort of gas or, where appropriate, the voluntary price for the small electrical power consumer.

Additional provision third. Electricity and gas energy bills.

The Directorate General for Energy Policy and Mines may establish by resolution, prior to the hearing:

(a) The minimum mandatory content and a format of the invoices to be sent to consumers by the reference or last resort of electricity or gas, respectively.

(b) The mandatory minimum content and a voluntary format of invoices to be submitted by the market for the free electricity market to consumers in low voltage of up to 15 kW of contracted power accepted at the voluntary price for the small consumer.

Additional provision fourth. Market power settlement coefficients.

1. For the purposes of market settlement to raise to central bars the measured demand of the market direct consumers and consumers shall be applied to actual hourly settlement coefficients.

The actual hourly settlement coefficients shall be calculated by the system operator in such a way that the generated energy is equal to the high demand to central bars and shall take into account, inter alia, the losses actual measures of the networks and the effects of profiling,

The actual hourly rate of settlement shall be determined on the basis of the level of stress and toll of access and, where applicable, consumption profile.

2. The system operator shall calculate and publish from the entry into force of this Royal Decree the following information:

(a) In advance of at least two days in respect of the day of supply, the coefficient of loss of application to the supply in hour h, PERDh, as defined in Article 7 for the purpose of calculating the voluntary price for the small consumer. This coefficient shall be determined on the basis of the level of voltage and the access toll and, where appropriate, consumption profile.

b) Monthly, a forecast of the loss ratios for the following mobile year, differentiating according to the level of voltage and toll of access and, where applicable, consumption profile.

3. The system operator shall make an annual assessment of the differences between the monthly forecast loss ratios published on a monthly basis, the ratio of the loss of application to the supply published two days before the end of the year. each supply and the actual hourly settlement coefficients.

4. For the purposes of the clearance of energy in the offices of the non-peninsular territories, the same mechanism established in this provision shall apply without prejudice to the particularities which, where appropriate, are laid down in the rules governing the power production activity and the dispatch procedure in non-peninsular territories.

5. For the purposes of applying the provisions of this additional provision, the system operator shall:

a) Enviara within one month from the entry into force of this royal decree a proposal to review the procedures for the operation of the system.

(b) Before 15 November 2014, the National Markets and Competition Commission will be sent a proposal to review consumer application profiles without time taking into account consumers. the results of the representative panel of consumers provided for in Article 32 of the unified electrical system measurement points Regulation, approved by Royal Decree 1110/2007 of 24 August 2007.

The Commission will report on this proposal by sending the report to the Ministry of Industry, Energy and Tourism before 1 December.

Additional provision fifth. Development of procedures.

1. By resolution of the Secretary of State for Energy the procedure shall be established where the verification, validation and closing of the data from the measurement equipment connected to the telemanagement system, as well as the protocols of the exchange of information, security and confidentiality of information between the agents for the purpose of billing and settlement of energy. To this end, the National Commission of the Markets and the Competition will forward to the Secretariat of State of Energy, within the maximum period of two months from the entry into force of this royal decree, a proposal of the aforementioned procedures as well as any other provision that may need to be developed for the purposes of the management of the time measurement of the measurement equipment connected to the telemanagement system.

2. Within the maximum period laid down in the provisions referred to in the preceding paragraph, the reading officers shall carry out the telematic of all telemanagement counters installed in low voltage supplies of up to 15 kW of power contracted according to the Meter Replacement Plan provided for in the first provision of Order ITC/3860/2007, of 28 December, for which electricity tariffs are revised from 1 January 2008.

Additional provision sixth. Exchange of information between the Operators.

1. The System Operator shall communicate to the Spanish Market Operator-Polo Spanish the information necessary for the average unit calculation per unit of energy of the value of each concept of the costs for the set of consumers in the aggregate of the electrical system.

2. In addition, the Spanish-Polo Spanish Market Operator must communicate to the System Operator the information necessary for the average unit calculation per unit of energy of the value of each concept of the costs for the set of consumers in the Electrical system aggregate.

3. Both the System Operator and the Spanish-Polo Spanish Market Operator will have to publish the values of these costs in each hour on their respective websites, indicating the final cost of the energy and the components of the final price in aggregate and for each type of consumer.

Additional provision seventh. Particularities in the application of the supply at the price of the small consumer and of last resort in non-peninsular systems.

The marketing of electrical energy reference in non-peninsular systems will be governed by the general provisions applicable in the peninsular electrical system with the particularities that are established continuation:

(a) The reference marketers in these systems will acquire the electricity for the supply to their consumers, which are accepted at a voluntary price for the small consumer and the rate of last resort in the office of energy for each non-peninsular system.

(b) As long as the mechanisms for the incorporation of efficient price signals to the consumer as set out in Article 10 of Law 24/2013 of 26 December, the purchase price of the energy referred to in Article 10, are not developed. the preceding paragraph shall be the cost of energy production in each hour, CPh as defined in Article 9 and published by the system operator, excluding payment for the financing of the remuneration of the Market Operator and the System Operator; as well as those corresponding to the capacity mechanisms. In addition to the pre-defined acquisition price, the reference traders must comply with the obligations arising from the costs for the financing of the remuneration of the Spanish Energy Market Operator, Polo Espanol, and of the System Operator as well as the generation capacity mechanisms that correspond to it according to the access tolls of its supplies, according to the rules of application.

Additional disposition octave. Initial values for the calculation of the voluntary price for the small consumer.

1. For the purpose of calculating the marginal price at hour h of the intraday market session (PMI_{h, n}) set out in Article 10, the first session of the intraday market shall be taken only.

By Order of the Minister of Industry, Energy and Tourism the consideration of other intraday markets may be determined.

2. The value of the fixed marketing margin, MCF, as defined in Article 7, for each of the tariffs applicable to the voluntary price for the small consumer as from 1 April 2014 shall be EUR 4/kW and year.

This value may be modified by the Order of the Minister of Industry, Energy and Tourism, with the agreement of the Government's Delegation for Economic Affairs.

3. Without prejudice to the above, the National Commission of the Markets and Competition will draw up and send to the Ministry of Industry, Energy and Tourism a report on the commercial margin to be applied to the marketing activity of a reference for the supply of electricity at the voluntary price of the small consumer and at the rate of last resort, where each of the marketing costs it incorporates is detailed.

This report, except for information that is confidential, will be published on the website of the National Commission of the Markets and Competition within the maximum period of 15 days from its referral.

Additional provision ninth. Load curves intended for delivery to customers.

The reference marketers must send before November 15 each year to the National Commission of the Markets and the Competition their forecast of the load curves destined to the supply to the customers with right to voluntary prices for the small consumer for each annual period, including the detail of vulnerable consumers and consumers who, without having the right to opt for voluntary prices for the small consumer, transiently are not contracted with a free marketer, with the breakdown in each case for each category of existing access tolls.

The Commission shall report on the quantities referred to, assessing the amounts in accordance with its forecast for development of demand, by forwarding its report and, where appropriate, the quantities reviewed to the Secretariat of State for Energy from the Ministry of Industry, Energy and Tourism before 10 December each year.

Additional provision 10th. Adaptation of existing contracts.

Reference marketers must adapt the supply contracts already signed with their customers to the provisions of this royal decree, on the occasion of their expiration or of any of their extensions. For these purposes, the reference marketer shall forward to each customer the new contract for subscription at least one month in advance. In no case such adaptation can lead to penalties for consumers.

This obligation shall be enforceable as of 1 July 2014.

Additional provision eleventh. Coordination of the subjects in the operation of the system.

The proposals for technical and instrumental operating procedures necessary for the proper technical management of the system, which, in accordance with Article 31 Royal Decree 2019/1997 of 26 December 1997, is organized and regulated the market of electricity production, will be presented by the Operator of the System for approval by the Ministry of Industry, Energy and Tourism, must be accompanied by the report of the representatives of all the system subjects as defined in Article 6 of Law 24/2013 of 26 December of the Sector Electrical.

The Operator of the System shall inform the subjects referred to in Article 6 of the said law of the incidents occurring in the exercise of its powers. For these purposes, the System Operator shall have a specific service to such subjects.

Additional disposition twelfth. Application of consumer profiles.

Without prejudice to Article 8.2 (b) of this Royal Decree, the final profiles for settlement purposes on the market shall be obtained by applying the method provided for in the resolution of the Director-General for Policy Energy and Mines to be approved in development as provided for in Article 32 of the Unified Regulation of Measurement Points of the Electrical System approved by Royal Decree 1110/2007 of 24 August.

Additional disposition thirteenth. Commands to the system operator.

1. The Operator of the System, within one month from the entry into force of this royal decree, will present to the Ministry of Industry, Energy and Tourism a proposal of procedure of estimation of each of the components of the price voluntary for the small consumer for the purposes of the adoption of the resolution provided for in paragraph 2 of Annex I to this royal decree.

2. In addition, the System Operator, within two months of the entry into force of this royal decree, will present to the Ministry of Industry, Energy and Tourism a proposal to review the operating procedures of the system that are required for the application of the provisions in the same.

First transient disposition. Transitional period of adaptation.

1. The provisions of Titles III and V of this royal decree shall apply from 1 April 2014.

For these purposes, consumers supplied by a reference marketer who were eligible for the voluntary prices for the small consumer at 31 March 2014 will continue to be supplied by the consumer. marketer applying the new voluntary price for the small consumer defined in this royal decree as of 1 April 2014.

The above is without prejudice to requests for modification of the procurement mode to be made by the consumer.

2. The reference marketers shall have a maximum period of time until 1 July 2014 for the adaptation of their systems in order to make the billing to consumers in accordance with the provisions of the Directive.

In the invoices that are made by each reference marketer prior to the adaptation of their systems, the voluntary price for the small consumer approved by the Commission will be applied on a transitional basis. Resolution of 31 January 2014, of the Directorate-General for Energy Policy and Mines, which reviews the cost of electricity production and the voluntary prices for the small consumer.

Once the adaptation of their systems has been carried out, the marketer will proceed in the immediately subsequent billing corresponding to the regularization to the consumer of the invoices which, as a transitional measure, have been carried out with the price set out in the preceding paragraph. Such adjustment shall include the differences between that price and the difference resulting from the new calculation mechanism laid down in this Standard from 1 April 2014. The resulting amount of such differences shall be reflected separately in the invoice accompanied by the heading, as appropriate, 'Price Return from 1-April 2014' or 'Regularisation of prices from 1-April 2014'

At the time when, in accordance with the provisions of the third transitional provision of this royal decree, the amount corresponding to the application of the term DIF must be included in the invoice, this will be detailed separated.

Energy consumption corresponding to a billing period that includes a period prior to 1 April shall be distributed for the purposes of rebilling in proportion to the part of the elapsed time in which the State of the art. State in force each of the mechanisms of calculation of the voluntary price for the small consumer.

3. For the calculation of the social bond in consumer invoices to be made from 1 April 2014 until the adjustment of the systems by the reference traders is made, the prices shall be applied transiently. volunteers for the small consumer calculated in accordance with the previous paragraph and the reference rates set out in Order IET/843/2012 of 25 April 2012 establishing the access tolls from 1 April 2012 and certain fees and premiums for special scheme facilities.

Once the adaptation of the systems has been carried out, the marketer will proceed in the immediately subsequent billing corresponding to the regularization to the consumer with the social bonus of the billings of the first quarter 2014 as well as those applied on a transitional basis in accordance with the previous paragraph. In no case shall the regularisations for the first quarter of 2014 be an increase in the price against the one applied in that period.

4. The non-compliance by the reference marketers of the obligation to adapt their systems of invoicing to the new mechanism within the maximum period of three months to count from the entry into force of the present royal decree will be sanctioned compliance with the provisions of Title X of Law 24/2013 of 26 December of the Electrical Sector.

5. In addition to the above, in the first billing to be carried out by the reference marketing companies from 15 April 2014 to consumers who are on a voluntary basis for the small consumer, the consumer will be informed of the the mechanism provided for in accordance with the model set out in Annex II.

Also, the reference marketers will send next to the following invoices that send the institutional information in terms to be determined by the Ministry of Industry, Energy and Tourism.

6. For the calculation of the rates of last resort for application to consumers who lack a contract in force with a marketer and do not have the right to be accepted at the voluntary price for the small consumer in the invoiced From 1 April 2014 until the adaptation of the systems, the voluntary prices for the small consumer calculated in accordance with paragraph 2 of this provision shall be applied transiently.

After the time limit for the adjustment of the systems, the marketer shall carry out immediately subsequent billing, as appropriate, to the consumer of the invoices which, on a transitional basis, have been carried out with the application of the price set out in the preceding paragraph. Such regularization shall include the differences between that price and the difference resulting from the new calculation mechanism set out in this Standard from 1 April 2014.

Second transient disposition. Deadline for communicating the offers.

Before 15 April 2014, the reference marketers shall communicate the tenders referred to in Article 13 to the National Commission on Markets and Competition.

Transitional provision third. Regularisation of quantities by application of the coverage mechanism provided for in Royal Decree-Law 17/2013 of 27 December determining the price of electricity in contracts subject to the voluntary price for the small consumer in the first quarter of 2014.

1. The value of the term DIFp, expressed in euro/kWh, to be applied by the reference traders in the billing of the consumption corresponding to the consumption, shall also be determined by the Director-General for Energy Policy and Mines. First quarter of 2014 to each type of consumer in each tariff period p. This amount will apply to consumers who would have been supplied to the voluntary prices for the small consumer during the first quarter of 2014, corresponding to the application of the hedging mechanism to the consumer. Reference market based on the settlement of price differences provided for in Article 2 of Royal Decree-Law 17/2013 of 27 December 2011 determining the price of electricity in contracts subject to the price voluntary for the small consumer in the first quarter of 2014.

The value of the term DIFp will be calculated according to the following:

An image appears in the original. See the official and authentic PDF document.

Being:

DIFp: Amount to be applied to the first quarter consumption in each tariff period p derived from the application of the hedging mechanism to the reference marketers (in euro/MWh).

Impc: Amount corresponding to the application of the coverage mechanism provided for and calculated in accordance with the provisions of Article 2 of Royal Decree-Law 17/2013 in the first quarter of 2014, expressed in euro.

DemTot: Total demand delivered in the first quarter of 2014 by reference marketers on central bars and intended for supply to consumers with a voluntary price for the small consumer, expressed in MWh.

PERDp: Loss Coefficient set in the regulations to raise to central bars the consumption read on the consumer counter in the tariff period p.

2. The value of the term DIF will be calculated by the National Commission of the Markets and the Competition from the information that you will be able to ask the Operator of the Iberian Energy Market-Spanish Polo, to Red Electrica de España, as operator of the system and to reference marketers. Upon completion of the calculation, the Commission shall inform the Ministry of Industry, Energy and Tourism in good time for its approval and publication prior to 15 May 2014 in the 'Official State Gazette'.

3. Once the value of the term DIF has been published, the reference marketers will proceed to their application in the first billing that is carried out after the adaptation of their systems, to the consumers who receive the voluntary prices. for the small consumer whom they would have supplied in the first quarter of 2014 for the corresponding consumption. If a consumer has been supplied by more than one reference marketer during the first quarter of 2014, each of them shall apply the term DIF to the period in which it was a supplier. Also, if a consumer who has received the voluntary price for a small consumer has been supplied by the reference marketer for a period of less than quarter, only the term DIF shall be applied to the consumer's consumption of the reference. period.

The amount to be included in the invoice will be the result of multiplying the term DIF approved, by the consumption at voluntary price for the small consumer of each supply, corresponding to the first quarter of 2014 considering the provisions of the preceding paragraph, in accordance with the rules in force for the allocation of the measure between periods with different prices.

This amount will be reflected separately in the invoice accompanied by the heading, "Return prices January-March 2014".

This amount must be on the same invoice in which the amount resulting from the adjustment provided for in paragraph 2 of the first transitional provision is reflected.

The National Markets and Competition Commission will monitor the correct implementation of these regularisations by the reference marketers in their invoices to consumers.

4. Reference traders shall declare to the body responsible for the settlement of the revenue or costs which, where appropriate, have obtained the reference marketers calculated as a difference between the values resulting from the application. of the coverage mechanism provided for in Royal Decree-Law 17/2013 of 27 December and the values resulting from the application of the provisions of this transitional provision to their consumers under the voluntary price of the small consumer. The agency responsible for the settlements shall create a specific account in the deposit scheme for these purposes and shall be responsible for managing them for the purposes of making appropriate regularisations of the amounts concerned.

This regularization will be performed once the necessary information declared by the reference marketers is known. At the end of the relevant settlement, the settlement body shall integrate the balance of the account into the general settlement system of the regulated activities in the first settlement it carries out.

Transitional disposition fourth. Information to be submitted by reference marketers for the period from 1 April 2014 to 31 December 2014.

The reference marketers must send to the National Commission of the Markets and the Competition and to the Ministry of Industry, Energy and Tourism within the maximum period of 10 days from the entry into force of this royal decree their forecast of the load curves intended for supply to the voluntary prices for the small consumer for the period from 1 April to 31 December 2014, including the detail of vulnerable consumers and the consumers who, without having the right to avail themselves of the voluntary prices for the small consumer, transiently lack a contract with a free marketer, with the breakdown in each case for each category of existing access tolls.

Transient disposition fifth. Publication and calculation of the terms of the production cost of the voluntary price for the small consumer.

1. The system operator shall publish on its website from 31 March 2014 the values of the components of the voluntary price for the small consumer and the hourly rates of the adjusted consumption profile in accordance with the requirements of the Items 7.7, additional provision twelfth and this provision.

As of 31 March 2014, and until the resolution as determined in Annex I. 2 of this Royal Decree is approved, the calculation of the values of the components of the established electricity production cost In Article 9, it shall be carried out in accordance with the following paragraphs.

2. For the calculation of Pmh, in addition to the results of the daily market, the marginal price and energy values married in the first session of the intraday market shall be considered.

3. In the determination of SAH the following shall be considered:

(a) In the calculation of PMASh the values of the adjustment services that would have been called and the result of which is known before 20:15 hours of the day before the following supply shall be included:

1. Technical Restrictions.

2. Power Reserve to go up.

3. High Secondary Band.

The value of the other components of the tuning services will be estimated for each month by the system operator taking into account historical values, and can be the same for all hours of the month.

(b) CDSVh: The hourly rate of the deviation per MWh consumed of the reference marketers, the value of which shall be estimated for each month by the system operator taking into account historical values, and may be the same for all hours of the month.

(c) INTh: Time price corresponding to the payment of the reference marketers for the financing of the interruptibility service, expressed in euro/MWh, as provided for in the implementing rules. This price shall be calculated by the system operator taking the value corresponding to the average price of the allocation to the demand for the fixed remuneration of the interruptibility service corresponding to it in application of Order IET/2013/2013, of the the month before the supply. Its value may be the same for all hours of the month.

4. The system operator shall calculate and publish on its website the day before the supply for each of the 24 hours of the following day the preceding values, as well as the remaining components of the term Cph and make them available to the subjects in a format that allows their electronic processing according to the provisions of this royal decree.

Transitional disposition sixth. Application of the reactive power term.

The term of reactive energy as defined in Article 7 (5) and the reactive energy billing term as defined in Article 8 (3) shall not apply until 1 January 2019. From that date it shall apply to any supply which has a telemanagement team effectively integrated into that system.

However, consumers connected to voltages of not more than 1 kV and of a contracted power of less than or equal to 10 kW shall be subject to the second subparagraph of Article 9 (3) of the Royal Treaty. Decree 1164/2001 of 26 October 2001 laying down tolls for access to the transmission and distribution networks of electrical energy.

Transitional disposition seventh. Transitional mechanism for the allocation of the market power closure.

1. Until 31 March 2015, there shall be an energy closure which shall be calculated as the balance resulting from the difference between the energy generated and the measured demand of the direct traders and consumers on the high market to central bars with the following loss ratios, to be used for settlement purposes on the market:

(a) Until 31 May 2014, the loss ratios set out in Annex III to Order IET/107/2014 of 31 January 2014, for which electricity access tolls are revised for 2014, shall apply.

b). From 1 June 2014 until 31 March 2015, the loss ratios as defined in the additional provision fourth 2.a) shall apply.

2. The calculated energy closure shall be valued at the price of the daily market. The resulting balance shall be considered as income or liquidable cost of the system for the purposes of Royal Decree 2017/1997, 26 December, for which the procedure for the settlement of transport, distribution and transport costs is organised and regulated. (a) the placing on the market at tariff, the permanent costs of the system and the costs of diversification and security of supply, and as such shall be included in the liquidations of the electrical system by the body responsible for them.

Single repeal provision. Regulatory repeal.

1. All rules of equal or lower rank are repealed as soon as they contradict or oppose the provisions of this royal decree.

2. In particular, they are repealed:

(a) Royal Decree 485/2009 of 3 April 2009 regulating the implementation of the supply of last resort in the electricity sector.

(b) Order ITC/1659/2009 of 22 June establishing the mechanism for the transfer of customers from the market at tariff to the supply of the last electricity resource and the procedure for the calculation and structure of the tariffs of the last resort of electrical energy, except Chapter VI, and the first, and seventh, provisions.

(c) Order ITC/1601/2010 of 11 June 2010 regulating the CESUR auctions referred to in Order ITC/1659/2009 of 22 June for the purpose of determining the estimated cost of wholesale contracts for the calculation of the rate of last resort.

(d) The fifth additional provision of Order IET/843/2012 of 25 April 2012 establishing the access tolls from 1 April 2012 and certain fees and premiums for the special scheme facilities, without prejudice to the provisions of the first transitional provision.

Final disposition first. Competence title.

This royal decree is of a basic nature and is dictated by the provisions of Article 149.1.13 and 25 of the Spanish Constitution, which attribute to the State exclusive competence in the field of bases and coordination of the general planning of economic activity, and bases of the mining and energy regime.

Final disposition second. Development and application.

By the Minister of Industry, Energy and Tourism the provisions that demand the development and application of this royal decree will be dictated.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 28, 2014.

JOHN CARLOS R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ

ANNEX I

Information to be published by the system operator for the calculation of the voluntary price for the small consumer

The values that the system operator will calculate and publish on its website according to article 7.7 of this royal decree are as follows:

a) The values of each and every component of the term component of the cost of the voluntary price CPh for the small consumer:

Pmh: With the breakdown of each of the price references used.

SAh: With the breakdown of each of the settings of the tuning services that make up the term PMASh, as well as the value of CDSVh.

Och: With the breakdown of each of the values that make it up, including the INTH estimates.

b) The values of the terms:

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Both separately and including the tool referred to in Article 8.2 (b) that allows each of the possible combinations of these terms to be calculated based on the start and end date of the reading in the last year mobile according to article 8.2 of this royal decree, differentiating the access toll and the tariff period to which each term corresponds.

c) The time coefficients ch of the application profiles to the supply for the billing of the consumers according to the provisions of the present royal decree.

d) The values corresponding to the term PERDh, which will be calculated according to what is defined in this royal decree.

2. The following aspects shall be determined by resolution of the Secretary of State for Energy:

a) The time of publication of the values of the components required for the calculation of the voluntary price for the small consumer to be published on the day before the supply, for each of the 24 hours of the day.

b) The method of estimating the components of the following terms:

-Pmh: the intraday to consider for calculation will be determined.

-SAh: the mechanism for calculating the value of PMASh shall be determined by defining the adjustment services that make it up according to the rules of application at each moment, and the mechanism for estimating those values that do not are known at the time of publication. Also, the mechanism of estimation of the term CDSVH will be determined.

-Och: The calculation mechanism of the term INTH will be determined.

c) Any other aspect required for the estimation of the components of the voluntary price for the small consumer.

An image appears in the original. See the official and authentic PDF document.