Law 82/1980 of 30 December on the conservation of energy, in Chapter II of Title I, measures for the promotion of the self-generation of electric power and hydroelectric production in order to achieve energy savings, by developing its Article 10 the basic lines of the economic system of this type of electricity production.

As the development of the aforementioned Law, the Royal Decrees 907/1982, of April 2, on the promotion of the electric power generation, and 1217/1981, of April 10, have been dictated for the promotion of the hydroelectric production in small plants, which have covered a first stage of evolution of this kind of electrical energy production.

Royal Decree 1544/1982 of 25 June 1982 on the promotion of the construction of hydroelectric power plants regulates power plants of more than 5 MVA, the economic regime of which is assimilated to the former under Title III of the Treaty. Annex I of the tariff orders.

The 1991-2000 National Energy Plan includes, among its energy policy priorities, increasing the contribution of self-generators to power generation, from 4.5 per 100 in 1990 to 10 per 100 for electricity generation. year 2000, in this section two clearly differentiated types of activity: cogeneration and generation from renewable energy sources. The first is a primary energy saving and helps to reduce transport and generation losses, and renewables obviously decrease conventional primary energy consumption and have a positive impact on protection. environmental.

A participation in national production, such as that raised, has a significant impact on the unified exploitation, so the management of these facilities, considering their specificities, should be encouraged, for that its production regime is in line with the needs of the electrical system.

The experience acquired, the degree of development in which this type of plant is located, the increase in the relative weight of the plants in the production of electrical energy, the increasing size of the plants, their incidence in the unified exploitation and the inadequacy of the current economic regime to the current reality and the tariff regime, they advise to make an update of the current regulations, and in particular of the economic regime.

The current economic regime, valid at the time for the facilities that were in place (mainly mini-hydraulics), is currently inappropriate, since the self-generation has undergone a substantial change. in its composition by increasing the participation of thermal power plants with higher powers and different operating arrangements.

From the point of view of the objectives of energy planning for these energies, as from the point of view of the cost avoided, the economic regime must contemplate the necessary balance between a profit the project and a cost for the electricity system that does not entail an increase in fares.

In this context, the present Royal Decree recasts the existing rules in a single text and develops the basic criteria that must govern the technical-economic relations between the operators of this type of plant and electricity distribution companies with the aim of achieving the following fundamental objectives:

a) Develop a framework that will clarify the future of this type of production in the context of the criteria and priorities of energy planning, setting an adequate price for energy surpluses, which will allow the The development of this production will take place in a coordinated manner with that of the rest of the electrical system.

b) Allow appropriate treatment of the different types of energy in line with the rest of the production of the unified operating system, and harmonise the system of sales prices of surplus energy with the regime tariff.

c) Improving information systems and monitoring of energy planning.

In its virtue, on the proposal of the Minister of Industry and Energy, after approval of the Minister for Public Administrations, in agreement with the Council of State, and after deliberation by the Council of Ministers, at its meeting of the December 9, 1994,

DISPONGO:

CHAPTER I

Installations on special regime and relationships

with the distribution companies

Article 1. Object.

This Royal Decree aims at the regulatory development of Chapter II of Title I of Law 82/1980 of 30 December on the conservation of energy and other similar facilities specified in the Article 2 of this Royal Decree, as regards the requirements and procedures for the benefit of the special scheme, the conditions for the delivery of energy and the economic system.

Article 2. Scope.

1. They may benefit from the special scheme provided for in this Royal Decree, provided that they meet general energy planning criteria, those installations for the production of electrical energy with an installed capacity of 100 MVA or less included in any of the groups defined below:

(a) Facilities supplied only by non-hydraulic renewable energy sources or resources, such as solar, wind, tidal, geothermal and other similar.

(b) Central which uses as main fuel urban solid waste, industrial waste, biomass or similar. The main fuel shall be the fuel, which means at least 90 per 100 of the primary energy used, measured by the lower calorific value.

(c) Central which uses renewable energy, urban solid waste, industrial waste, biomass or similar, together with conventional fuels. These plants must satisfy the energy performance requirements set out in the Annex to this Royal Decree.

d) cogeneration plants, which are understood as such that they combine the production of electrical energy with the production of heat useful for their subsequent energy use, whatever their main fuel. These plants must satisfy the energy performance requirements set out in the Annex to this Royal Decree.

(e) Central which uses residual heat from any installation, machine or industrial process whose purpose is not the production of electrical energy. These plants must satisfy the energy performance requirements set out in the Annex to this Royal Decree.

(f) hydroelectric power stations to be installed or extended, provided that the sum of the apparent powers of each group, measured in generator borns, does not exceed 10 MVA.

2. The power plants of an apparent power exceeding 100 MVA which, by virtue of their characteristics, may be included in any of the above groups, for connection with the national electricity grid, shall follow the rules and procedures of the holding. The Commission will be able to request the Commission to submit to the Council a proposal for a Council Decision on the application of the rules of procedure for the application of the rules of procedure for the application of the Ministry of Industry and Energy the fixing of the values and parameters necessary for the implementation of the aforementioned Royal Decree.

It will not be possible to include in the scope of this Royal Decree those installations that would have entered into operation before the entry into force of Law 82/1980, of December 30, on the Conservation of Energy.

However, this Royal Decree will be eligible for the facilities whose implementation act is prior to the entry into force of Law 82/1980 of 30 December on the Conservation of Energy, provided that:

a) They were not previously connected to the public service network.

b) Last at least five uninterrupted years since the cessation of their activity.

c) Amplify your power.

In the latter case, only the part of the energy produced corresponding to the extension would be welcome to this Royal Decree, considering to these effects the proportional part of the new power over the total of the installation.

3. The facilities referred to in the second transitional provision shall be automatically included in the arrangements laid down in this Royal Decree in the terms set out therein.

4. For the purposes of this Royal Decree, the Directorate-General for Energy of the Ministry of Industry and Energy is the body responsible for installations whose use affects more than one Autonomous Community or the transport of energy. leave the territorial scope of one of them.

The corresponding bodies of the Autonomous Communities shall be competent for those installations whose use does not affect another Autonomous Community or the transport does not leave its territorial scope.

Article 3. Easements of the planning.

1. Within the framework of the planning, the power and characteristics of the facilities eligible for the special scheme set out in this Royal Decree shall be determined and published periodically. Compliance with these objectives will also be published throughout the planning period.

2. The report of the Directorate-General for Energy referred to in Article 5 (2) shall state whether the installation in question is within the meaning of the planning.

Article 4. Conditions of access to this special scheme.

1. Those wishing to avail themselves of the special arrangements provided for in this Royal Decree shall, for each electrical energy production facility, request the recognition of the special scheme and its inclusion in any of the groups in Article 2 as corresponds.

2. Those operators shall also register the installation in the Register of production facilities under special arrangements referred to in Article 6.

Article 5. Procedure for obtaining the recognition of an installation.

1. The condition of the production facility under this special scheme shall be granted by the Directorate-General for Energy of the Ministry of Industry and Energy or by the corresponding bodies of the Autonomous Communities with competence in the material.

2. In order to ensure the proper functioning of the unified operation and the objectives of national energy planning, for the purposes of Article 12.2, the inclusion of installations with an installed power exceeding 25 MVA in This scheme will require, when granted by the Autonomous Communities, a favourable report from the Directorate-General for Energy on these extremes. This report may be considered favourable if it has not been issued within 30 days.

With the same object, the Autonomous Communities will have to inform the General Directorate of the Energy, of the requests that occur of installations with installed power between 15 MVA and 25 MVA.

3. The application may be submitted in accordance with the provisions of Article 38 (4) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, addressed to the Directorate-General General of the Energy, or the competent authority of the Autonomous Community, depending on whether the competition corresponds to one or other Administration.

Conventions may be established between the Ministry of Industry and Energy and the Autonomous Communities for the processing of the files for which the authorization corresponds to the Ministry of Industry and Energy.

4. The application, which must comply with the provisions of Article 70 of Law No 30/1992, must be accompanied by:

a) A summary of the installation, in which the main technical and operational characteristics are reflected.

(b) In the case where the production facility corresponds to Article 2 (c), (d) and (e), an energy study supporting the performance of energy performance in accordance with the Annex to this Royal Decree, supporting, where appropriate, the need for the useful heat produced in the different operating systems of the intended installation.

(c) Authorisation of the competent body when it is intended to use waste as fuels or concession for hydroelectric use, when requested for Article 2 (f).

d) quantified assessment of the electrical energy to be transferred, if any, to the public service network. In the case of installations falling within the scope of Article 2 (d) and (e) of this Royal Decree, the surplus of electricity transferred to the public service network must be justified on the basis of both its structure and level of production, as well as energy consumption.

e) A summary memory of the petitioning entity to be contained shall also be attached:

1. The name or social reason and address of the petitioner.

2. No. Social capital and principal shareholders, if any, and participation thereof.

3. The ratio of facilities to this scheme to which it is a holder or operator.

4. A copy of the balance sheet and the results of the last fiscal year.

5. With regard to Articles 42 and 43 of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure, the time limit for resolving the procedure is set at six months from the date of the date of The application shall be entered in the register of the competent body and the application may be understood to have been deemed to have elapsed.

6. Where the documents required of the persons concerned are already held by any organ of the Acting Administration, the applicant may avail himself of the provisions laid down in Article 35 (f) of Law 30/1992, of the Legal Regime of the Public administrations and the Common Administrative Procedure, provided that it states the date and the body or agency in which they were presented or, where appropriate, issued, and where no more than five years have elapsed since the end of the the procedure to which they correspond.

In the cases of material impossibility of obtaining the document, duly justified in the file, the competent body may require the applicant to present it or, failing that, the accreditation by other means of the the requirements referred to in the document, prior to the formulation of the motion for a resolution.

Article 6. Registration of production facilities under special arrangements.

1. For the proper monitoring of energy planning, both in terms of installed power and the evolution of the energy produced and the primary energy used, a General Register of System Production Facilities is created. Special in the Directorate-General for Energy of the Ministry of Industry and Energy, without prejudice to the Autonomous Communities themselves.

2. The registration of an installation in the Register which corresponds, in agreement with the competent authority for the authorisation, shall be a requirement necessary for the application of the special scheme, which is governed by this Royal Decree.

3. The registration shall be the responsibility of the Administration responsible for granting the status of production facility to the special scheme and, in the case of an Autonomous Community, the latter shall transfer the registration, together with the documentation which has given rise to the same, to the Directorate-General for Energy within one month of the registration taking place, for the purpose of the General Register referred to in paragraph 1 of this Article.

4. The registration may be requested by the owner of the installation in conjunction with the condition of installation received by the special scheme or after it has been granted. In the first case, the registration will be simultaneous to the granting of the status of installation reception to the special regime. In the second case, it may be understood if one month elapses from the application, without the competent body resolving.

It shall be a requirement for registration to prove that the conditions laid down in Article 11 are met.

5. The operators or operators shall send during the first quarter of each year to the authority which authorised the installation, a summary of the year immediately preceding the date of the installation:

a) Electrical energy generated by the measured installation in alternator borns.

b) Electrical energy consumed.

c) Electrical energy ceded.

d) Useful heat generated by the installation.

e) Fuel consumption, with indication of the lower calorific value (PCI).

(f) Any changes in the data requested in Article 5 (4).

The competent bodies of the Autonomous Communities shall forward the information received to the Directorate-General for Energy in the shortest possible time.

6. The registration will be cancelled in the Register in the following cases:

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

(b) Annulment by the competent authority of the acceptance of this special scheme.

c) Do not refer, in a repeated manner, to information to the Administration within the prescribed time limits.

(d) Failure to comply with the provisions of this Royal Decree, both as regards the obligations laid down in Article 7 and the technical conditions of connection, energy quality and performance.

In cases (c) and (d), the cancellation will be agreed upon prior instruction of the relevant file with the interested party.

7. The date of registration of the Register, which shall be notified in due form to the applicant, shall determine the beginning of the application of the special scheme to the installation concerned.

Article 7. Rights and obligations of producers under special arrangements in their relations with the electricity distribution companies.

1. In their relations with the distribution power companies, the holders or operators of production facilities under this special scheme shall enjoy the following rights:

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

b) To use, together or alternatively, the electric power generated and supplied by the electrical company in its installations.

c) To feed part of its facilities with energy from its generators, regardless of the network supply.

d) Transfer to the electricity distribution company its energy surplus, provided that its absorption by the network is technically possible and therefore the price resulting from the provisions of this Royal Decree.

e) To receive at all times from the electric company distributing the electrical energy that is necessary for the complete development of its activity, in the conditions that are determined in article 19 of this Royal Decree.

2. They shall also be obligations:

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

(b) Refrain from ceding to third parties the surplus of unconsumed electricity.

c) Use the energy from its generators in its facilities, only by pouring its surplus into the network.

CHAPTER II

Exceed power delivery conditions

Article 8. Connection to the network.

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

2. The point of connection of producers who deliver energy to the general network shall be established by agreement between the producer and the relevant distributor. In the event of a discrepancy, the competent authority of the General Administration of the State or the Autonomous Communities shall decide.

3. The costs of the facilities necessary for the connection shall, in general, be borne by the operator or operator of the production plant, without prejudice, in the case of producer-consumers, to the provisions of Royal Decree 2949/1982 of 15 The Council adopted a proposal for a Council Directive on the application of the rules of procedure.

4. If the competent body appreciates circumstances in the network of the acquiring undertaking which technically prevent the absorption of the energy produced, it shall set a time limit for subsating them. The costs of the modifications to the network of the acquiring undertaking shall be borne by the operator or operator of the production plant unless they are not exclusively for his service, in which case they shall be borne by both parties by mutual agreement, taking into account the intended use of these modifications by each of the parties. In the event of a discrepancy, the competent authority of the competent authority shall decide.

Article 9. Disposal of the surplus of electricity.

1. For the purposes of this Royal Decree, it shall be considered as surplus electrical energy resulting from the instantaneous balances between the electrical energy transferred to the general grid and the power received from the same at all points of interconnection between the producer-consumer and the general network.

It is understood as a producer-consumer to the owner or operator of a set of installations connected electrically by means of equipment of his property, of which at least one is a production plant host to this Royal Decree and which, in addition, has subscribed one or more credit policies for the supply of such facilities.

In the case of installations described in Article 2 (1) (f), which were already covered by Royal Decree 1217/1981, of 2 April, the totality of the electrical energy produced, will be considered surplus.

2. The electric power in excess of that produced by the production plants under special arrangements may be transferred to the electricity distribution companies, their acquisition by them being compulsory, and it must be acquired the nearest that has sufficient technical and economic characteristics for its subsequent distribution. In the event of a discrepancy, the competent authority of the autonomic administration or the Directorate-General for Energy of the Ministry of Industry and Energy shall, where appropriate, resolve the matter.

3. The operators or operators of such installations may not give up the electrical energy produced by them to the final subscribers. It shall not have the consideration of disposal to final subscribers, for these purposes, which is carried out with lines of its own to another centre of the undertaking itself or to its subsidiaries or to any of the members of a group holding the installation.

4. The disposal of surplus energy, depending on the type and power of the plant and its impact on the electrical system or the area in which it is located, may be subject to technical requirements for electrical exploitation, justified, both in the peninsular system and in the extra-islands, and for exceptional or force majeure.

5. An agreement between the producer and the distribution company will be required to be formalised by a comprehensive contract of the extremes to which Article 11 refers.

6. The electrical energy placed on the grid of the electricity distribution companies is classified as:

(a) Energy with a power guarantee: that the producer has committed to deliver under an annual, reviewable programme covering from 1 November until 31 October of the year following its date and specifying the power supply and the availability of the power plant in each time period, in accordance with the provisions of Article 15.

(b) Power without the power guarantee: that the producer delivers without any power commitment.

Article 10. Technical conditions.

1. Producers who do not have interconnected their groups in parallel with the network shall have all their facilities receiving or only part of them connected by a switching system, either to the network of the supplying undertaking or to their groups generators, which will ensure that in no case can their generating groups be connected to that network.

2. Producers who have interconnected their groups in parallel with the general network shall be at a single point, with the exception of duly justified and authorised special circumstances, and may use synchronous or asynchronous generators. These groups shall be equipped with automatic disconnection systems which avoid voltage or frequency oscillations exceeding the regulations and breakdowns or alterations in the network service.

These producers will have to cut the connection with the network of the distribution company, if for reasons of force majeure or others, duly justified, the distribution company requests it. The normal service conditions must, however, be restored as quickly as possible. Where such a circumstance arises, the competent authority shall be informed.

The power supplied to the network of the distribution company must have a w as close as possible to the unit. Self-generators connected in parallel with the network must take the necessary measures to do so or reach agreements with the distribution companies on this point.

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

Article 11. Contract with the distribution company.

1. The producer and the distribution power company shall enter into a contract of at least five years ' duration for which the technical and economic relations between the two shall be governed.

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

a) Point of connection and measurement, with indication of the characteristics of the control, safety and measurement equipment.

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

Guaranteed powers, availability and applicable add-ons, may be varied annually, or changes in the rate structure affecting them.

(c) Conditions in which the technical impossibility of absorption of surpluses is considered, as well as the circumstances in which the plant is to be exploited with some kind of limitation.

d) Causes of termination or modification of the contract.

2. The turnover of the surplus energy transferred to the public service network will be carried out on a monthly basis in an invoice model approved by the Ministry of Industry and Energy, which will collect the main features for each installation of conformity with the provisions of this Royal Decree.

CHAPTER III

Economic Regime

Article 12. Price of the energy delivered to the public service network.

1. The average price to be paid by the distribution companies to these producers for the electricity supplied to the network will take into account the avoided costs of the electricity sector by generation, transport and distribution.

2. For installations belonging to one of the groups defined in Article 2, the power of which is greater than 25 MVA and does not enter into the planning in accordance with Article 3, the price of the surplus discharges to the service network public, it will be the "variable avoided cost", equivalent to the average variable cost that will serve as a basis for the tariff modification file and which will be published in the corresponding Ministerial Order.

3. For installations of less than 25 MVA power, or of any power which is included in the planning in accordance with Article 3, the price of the surplus discharges to the public service network shall take into account the costs avoided long-term and will have as a reference the electricity tariffs, if they are applied to this point and the following. The costs included in fares not avoided by this production, as well as those due to the necessary diversification, use of renewable energy and reduction of the environmental impact, will be taken into account through a different coefficient. for each group of power plants, which shall affect the total turnover of the energy transferred by these plants to the electricity system. This coefficient will also take into account the modulation of the prices of these energies, so that they obtain higher remuneration for the first years of the service life of the facilities with respect to the theoretical average price resulting from the the application of the avoided cost criterion.

4. For the fixing of prices, as referred to in the preceding paragraph, account shall be taken of the electrical power of the installation, as a determining parameter of the theoretical supply voltage, and the power guarantee, energy characteristics, and time periods as a measure of the quality of the energy delivered.

The sale price of the energy given by the producers to the electrical system will have a binomial structure, and will be composed of a term of billing of the power and a billing term of the energy given and, when where applicable, by surcharges or discounts as a result of the time discrimination or the power factor.

Article 13. Billing of the energy ceded.

Total billing for energy sales will result from the application of the formula:

F = (PF x T + E T ± DH ± ER) K-Al

in which

F = Billing in pesetas.

PF = Power to be invoiced expressed in kW calculated in accordance with Article 15.

T = Application power term in accordance with Article 14.

E = Energy ceded in kWh.

T = Application power term in accordance with Article 14.

DH = Complement by time discrimination.

ER = Reactive power complement.

K = Coefficient.

Al = Abono for power failure.

Article 14. Prices of terms of power and energy.

The terms of power and energy applicable for each set of installations defined in Article 2, and referred to in Article 12 (3), shall be as follows:

***INITABLA* **

Type of installation

/Power

installed

-

MVA

/T

-

Pesetas/kW

and month

/T

-

Pesetas/kWh

Group a

/P " 100

/344

/11.47

Group b

/P " 100

/687

/10.11

Groups c, d, and

/P " 15

/1,760

/7.96

15 P " 30

/1,705

/7.68

30 P " 100

/1,654

/7.45

Group f

/P " 10

/344

/11.47

*** FINTABL* **

These prices will be updated annually by the Ministry of Industry and Energy with the average variation in electricity rates.

The terms of power and energy collected in the table above correspond to the values for the year 1994, of the following rates:

Group to: Rate 1.2.

Group b: Tarifa 2.2.

Groups c, d, and e:

P " 15 MVA: Tarifa 3.2.

15 MVA P " 30 MVA: Tarifa 3.3.

30 MVA P " 100 MVA: Tarifa 3.4.

Group f: Tarifa 1.2.

Article 15. Determination of the power to bill.

1. The power shall be expressed in kW and its measurement and control shall be carried out with equipment which shall have a 15-minute integration period.

2. In general, the producer may choose to guarantee a power for all the time periods, two different powers, one for the periods of peak and one for the periods of the valley, or different powers for each of the time periods, tip, plain and valley.

3. The producer shall fix for each electric year (November-October) and in his case for each time period, the guaranteed power and the guaranteed availability coefficient of his installation.

The guaranteed power available in each time period will be determined by the following formula:

***INITABLA* **

P = P

/d-d

1-d

*** FINTABL* **

in which

P = Guaranteed power available.

P = Guaranteed power.

d = Guaranteed availability of the central one by one.

d = 0.30, availability below which no power term is paid.

4. The power to be invoiced shall be determined according to the following formulae:

A guaranteed power:

PF = Pgd

Two powers guaranteed:

PF = 0.8 Pgd + 0.2 Pgd

Three Powers Guaranteed:

PF = 0.5 Pgd + 0.3 Pgd + 0.2 Pgd

5. The facilities included in Article 2 (a) and (f) and those whose power does not exceed 1MVA whichever group they belong to may choose, for the determination of the power to be invoiced, between the application of the provisions previously or to calculate such power as the ratio between the energy delivered in the billing period and the number of hours of the said period, not being in this case necessary to set the guaranteed powers or the availability of the power plants.

Article 16. Supplements.

1. For the calculation of the time discrimination supplement (DH) the following shall be taken:

The producer will be able to choose the time discrimination that he considers appropriate between the types 3 and 4 of those defined in the Order of Tariffs, with the surcharges and discounts considered in the aforementioned Order. For installations that choose to calculate the power as the ratio between the delivered energy and the number of hours, the type 2 of the time discrimination defined in that Order shall apply.

In the case of producer-consumer the type of time discrimination will be the same for the purchase and for the sale of energy.

2. The reactive energy supplement (ER) will be the general one in the tariff order, with the difference that if the power factor of the energy given to the distribution company is greater than 0.9 the complement will be a credit for the producer and if it is less than a discount. All considerations set out in that Order of tariffs for reactive energy shall also apply to the producer.

Article 17. Non-compliance with the guaranteed power (AI).

In order to determine the performance of the power guarantee, the energy delivered with a power equal to or less than the guaranteed power shall be integrated in each hourly period. When the power is greater than the guaranteed power, only the energy corresponding to the guaranteed power shall be considered.

The power commitment is considered to be fulfilled whenever the energy calculated in accordance with the preceding paragraph is equal to or greater than:

P x d x H

being

P = Guaranteed power in the time period.

d = Availability as long as one.

H = Annual hours of the period considered.

If the producer is lower, the producer shall pay the resulting energy difference for each period, at the price corresponding to the default period, calculated according to the following formulae:

***INITABLA* **

Tip Period =

/0.5 T

H

/+ T +

/C

100

/T

Plain Period =

/0.3 T

H

/+ T

Valley Period =

/0.2 T

H

/+ T +

/C

100

/T

*** FINTABL* **

being

T = The corresponding power term in accordance with Article 14.

H = The peak hours of the billing period, for the type of time discrimination chosen.

T = The corresponding energy term in accordance with Article 14.

C = Cost or discount rate for the chosen time discrimination type.

T = Power term corresponding to average utilization according to the application rate.

The monthly default payment (AI) will be invoiced on a provisional basis, on the basis of the annual and calculated by applying the established, from the beginning of the annual period to the last day of the month in question, and the amount the resulting monthly payments shall be deducted for non-compliance with the guaranteed power corresponding to invoices since the beginning of the annual period.

Not to be computed for the performance of the power commitment are the periods when there are conditions for the delivery of energy in accordance with Article 9 (4). The producer may also notify the electrical undertaking at the beginning of the electricity year of the installation stop during a calendar month in the low season, without any such period being taken into account for the failure to comply with the power.

Article 18. Coefficients.

The K coefficient will be calculated according to the following formula:

K = K-K

in which

K = Cost Coefficient included in non-avoided rates.

This coefficient shall be degressive for a period of five years from the date of the entry into force and constant from that period including the non-avoided costs and the price modulation referred to above. paragraph 3 of Article 12. For each installation type you will have the following values:

***INITABLA* **

Type of installation

/Potenc. inst.

-

MVA

/Year 1

/Year 2

/Year 3

/Year 4

/Year 5

and sig.

Group a

/P " 100

/0.85

/0.85

/0.85

/0.85

/0.85

Group b

/P " 100

/0.90

/0.88

/0.86

/0.85

/0.85

Groups c, d, and e.

/P " 15

/1.00

/0.98

/0.95

/0.90

/0.85

/15 P " 30

/1.00

/0.98

/0.95

/0.90

/0.81

/30 P " 100

/0.99

/0.95

/0.90

/0.85

/0.78

Group f

/P " 10

/0.85

/0.85

/0.85

/0.85

/0.85

*** FINTABL* **

K = Coefficient contribution to energy policy.

You will have the following values by type of installation:

Group to: 1.09.

Group b: 1.07.

Groups c, d and e: 1.06.

Group f: 1.08.

Article 19. Billing of electricity supplied to the consumer producers.

1. The tariffs in force at all ends shall be applicable in general with the sole exception of the term-of-power billing, in which the producer-consumer may choose one of the following procedures:

a) In accordance with the general conditions set for the electricity tariff to be applied.

b) According to the following method:

The consumer-producer should set, on an annual basis (November-October period) and specify in the corresponding credit policy:

1. The contracted power for each of the periods (tip, Pc; plain, Pc, and valley, Pc).

2. º The maximum power that can be absorbed from the net in each of the periods (tip, PM; plain, PM, and valley PM), which in all cases will be greater than or equal to the contracted power in the corresponding period.

2. For the calculation of the power to be invoiced, they shall be distinguished, depending on the value of the power recorded by the maximeters in the billing period considered, the following two cases:

(a) That the power actually demanded and recorded by the maximeter in each and every peak, flat and valley period is less than or equal to the corresponding maximum power that can be absorbed from the network according to the PM. In this case for the calculation of the power to be invoiced the following formula shall apply:

Pf = K (PM-Pc) + PD

where

Pf = Power to be invoiced in the billing period considered.

PM = PM + 0.5 (PM-PM) + 0.2 (PM-PM)

Pc = Pc + 0.5 (Pc-Pc) + 0.2 (Pc-Pc)

K = 0.18

PD = PD + 0.5 (PD-PD) + 0.2 (PD-PD)

Where for each of the peak, flat, and valley periods the PD, PD, and corresponding PD will be calculated as follows:

1. If the maximum power demanded by the maximometer in the billing period is less than 85 per 100 of the contracted power, the PD shall be equal to 85 per 100 of the said contracted power.

2. º If the maximum required power recorded by the maximometer in the billing period is between the corresponding PM value and the 85 per 100 of the contracted power, that registered power shall be the PD corresponding.

3. For those billing periods in which there are no peak or flat hours will be taken as the corresponding PD value for the same 85 per 100 of the contracted power.

All values will be expressed in kW.

b) That the power actually demanded and recorded by the maximeter in any of the peak periods, plain and valley, is higher than the corresponding maximum power that can be absorbed from the network according to contract (PM). In this case for the calculation of the power to be invoiced, the formula fixed in general for mode 4 shall be applied with three maxims in paragraph 6.1 of the title of Annex I to the Ministerial Order of 1 January 1994 for which establish electricity tariffs or provision to replace it.

Article 20. Inclusion of electrical energy in the compensation system.

1. The electricity companies which distribute the electricity transferred by the production facilities under this Royal Decree will have the entire energy in the compensation system in the electricity sector, established by the Ministry of Industry and Energy, in accordance with the provisions of Royal Decree 1538/1987 of 11 December 1987 and other implementing rules.

2. The accreditation of the price resulting from the application of this Royal Decree as a standard cost, in accordance with the preceding paragraph, shall require the presentation by the electricity companies of the invoice referred to in paragraph 2. of Article 11.

Additional disposition first. Character of the Royal Decree.

This Royal Decree is dictated by the provisions of Article 149.1.22. and 25. of the Constitution.

The references to the procedures will only apply to the state competition facilities and, in any event, will be in accordance with the provisions of Law 30/1992 of 26 November of the Legal Regime of the Administrations. Public and the Common Administrative Procedure.

Additional provision second. On price recognition of facilities prior to Law 82/1980, of Conservation of Energy.

The sales prices to the companies distributing the energy produced by the plants put into service before the entry into force of Law 82/1980 on the Conservation of Energy will be governed by the contracts (a) to be established or for which the parties are freely agreed. For the application of the provisions of Article 20, the prices resulting from the provisions of this Royal Decree shall be considered as maximum.

First transient disposition. Application of previous provisions.

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

Second transient disposition. Effect of previous authorizations.

The installations which were granted to Royal Decree 1217/1981 of 10 April; Royal Decree 907/1982 of 2 April, or assimilated to this economic regime by Royal Decree 1544/1982 of 25 June 1982, are automatically In order to ensure that this Royal Decree is included in the Register of facilities under special arrangements referred to in Article 6, within a period of six months from the entry into force of this Royal Decree. Hydroelectric power plants of more than 10 MVA shall be exceptionally included in group (f) of those referred to in Article 2.

For the purposes of Article 6.6, the performance shall be understood to be those which were in force at the time of obtaining the self-generating condition.

The corresponding K coefficient defined in Article 18 shall apply to these installations, considering as the starting date year 1, the date of entry into force of this Royal Decree, in the case of installations in operation, and the date of the start-up act in the rest of the cases.

Single repeal provision. Regulatory repeal.

Royal Decree 1217/1981, of 10 April, is repealed for the promotion of hydroelectric production in small plants; Royal Decree 907/1982 of 2 April on the promotion of electric power generation, and the Royal Decree 1544/1982 of 25 June 1982 on the promotion of the construction of hydroelectric power plants, Title III of the Order of 1 January 1994 and any other provision of equal or lesser rank in the case of the present Royal Decree.

Single end disposition. About subsequent modifications of parameters or values.

1. After agreement of the Commission Delegated for Economic Affairs and by Ministerial Order, it may be possible, after five years, to amend the values laid down in Article 14, if there have been substantial variations in the cost structure of the electrical system or in the tariff system.

2. The Minister for Industry and Energy is empowered to lay down the necessary provisions for the development of this Royal Decree and to amend the values or conditions laid down in its Annex if such energy policy considerations Advise.

Given in Madrid on December 9, 1994.

JOHN CARLOS R.

The Minister of Industry and Energy,

JUAN MANUEL EGUIAGARAY UCELAY

ANNEX

Minimum performance for installations

production of groups c, d, and

1. The performance of the installation is given by the formula:

R = E + V

Q

in which

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

V = useful heat thermal units demanded by industry for their production processes.

E = generated electrical energy measured in alternator barns and expressed as thermal energy, with an equivalent of 1 kWh = 860 kcal.

2. It is considered as primary energy imputable to the production of useful heat (V) the one required by high efficiency boilers in commercial operation.

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

3. The equivalent electrical performance of the installation shall be determined in the light of the above paragraph by the formula:

R = E

Q-V

0.90

4. It shall be a necessary condition in order to be eligible for the special scheme provided for in this Royal Decree at the production facilities of the groups c, d and e, which the equivalent electrical performance of the installation is equal to or greater than the corresponds according to the fuel used according to the following table:

***INITABLA* **

R

(Percent)

Liquid fuels in boilers with boilers

/49

Liquid fuels in thermal engines.

/56

Solid Fuels

/49

Natural gas and LPG in thermal engines

/55

Natural gas and LPG in gas turbines and other technologies

/59

*** FINTABL* **

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

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

6. In plants using renewable energy, industrial waste, urban waste, waste heat, biomass, etc. together with conventional fuels, the requirement for minimum yields laid down in paragraph 4 shall apply. to the part of electrical energy imputable to conventional fuels. The amount of electrical energy allocable to non-conventional fuels shall be determined for each installation according to the primary energy provided by the same and the yield of the transformation. In the case of waste, a maximum specific consumption of 5,000 kcal/kWh shall be considered as referred to the P.C.I.