Order Eit/2212/2015, On 23 October, Which Regulates The Procedure Of Assignment Of The Specific Compensation Arrangements In Call For New Production Of Electricity From Biomass Facilities Located In The Sist...

Original Language Title: Orden IET/2212/2015, de 23 de octubre, por la que se regula el procedimiento de asignación del régimen retributivo específico en la convocatoria para nuevas instalaciones de producción de energía eléctrica a partir de biomasa situadas en el sist...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11432

The enactment of the Real Decree-Law 9 / 2013, of 12 of July, by which is adopt measures urgent to ensure it stability financial of the system electric was the home of the process of reform of the sector electric and established the mandate to the Government to approve a new regime legal and economic for them facilities of production of energy electric starting from sources of energy renewable cogeneration and waste. Also, introduced the principles concrete on which is would articulate the regime applicable to these facilities, that were later integrated in the law 24 / 2013, of 26 of December, of the Sector electric.

In compliance of said mandate is approved the Royal Decree 413 / 2014, of 6 of June, by which is regulates the activity of production of energy electric starting from sources of energy renewable, cogeneration and waste, that sets the regime legal and economic for such facilities.

Law 24/2013, of 26 December, the Electricity Sector, has, in its article 14.7, exceptionally the Government can set a specific compensation arrangements to encourage production from renewable energy sources, cogeneration of high efficiency and waste, where there is an obligation of energy objectives derived from policies or other standards of European Union law or where its introduction involves a reduction of energy cost and external energy dependency setting the terms on which must be carried out.

By virtue of the abovementioned provision, and in order to move forward in compliance with binding targets set out in Directive 2009/28/EC, of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources, has approved Royal Decree 947/2015, of 16 October, which establishes a call for the granting of the compensatory regime specific to new production facilities of energy power from biomass in the system electric peninsular and for installations of technology wind.

In accordance with article 14.7 of the law 24/2013, of 26 December, the Electricity Sector, the granting of the specific compensation arrangements and the value of the initial investment will be determined through a competitive procedure.

By this order is carried out the mechanism of allocation of the specific compensation arrangements, which will take place through an auction.

(Of conformity with the article 14.7 c) of the law 24 / 2013, of 26 of December, in the procedure of concurrency competitive, them products to auction will be the power (kW) with right to the perception of the regime retributive specific of new facilities of biomass and of facilities wind, getting is as result of the auction a percentage of reduction of the value standard of it investment initial of it installation type of reference you will get the standard value of the initial investment for the installation type. From this last value and the rest of compensation parameters of the installation type you get remuneration to investment from the installation type by applying the remuneration methodology established in title IV of Royal Decree 413/2014, 6 June, which regulates the activity of production of electrical energy from renewable energy sources , cogeneration and waste.

For the calculation of them parameters remuneration of the installation type of reference is have considered them costs necessary to perform the activity by a company efficient and well managed, avoiding that is generate remuneration not appropriate, in accordance with it planned in the law 24 / 2013, of 26 of December, of the Sector electric.

Also, and in development of them articles 12 and following of the Real Decree 413 / 2014, of 6 of June, the present order approves them parameters compensation of them facilities type of reference for new facilities of biomass and for facilities wind that will be of application in the call of assignment of regime retributive specific to which is concerns the Real Decree 947 / 2015 , 16 October.

For them facilities wind, them parameters compensation are calculated for facilities existing that are object of a modification that suppose unless it replacement of them wind turbines, but the call will be open also to new facilities for enable the presentation of facilities efficient that can compete in the auction with them facilities modified that have, in principle, ones costs of investment under.

The registration of a facility in the register of specific remuneration arrangements in a State of exploitation and their allocation to an installation type, will be requirements for the perception of compensation specifies that you appropriate him, in accordance with the provisions of article 43 of Royal Decree 413/2014, 6 June.

Moreover, and in accordance with the available additional twelfth of the Real Decree 738 / 2015, of 31 of July, by which is regulates the activity of production of energy electric and the procedure of clearance in them systems electrical of them Territories not Peninsular and in accordance with the article 27.6 of the law 11 / 2007, of 22 of June , of access electronic of them citizens to them services public, the presentation of the request of participation in the mechanism of auction and of registration in the register of regime retributive specific in State of pre-allocation is held by media electronic.

In accordance with the requirements in section 5.2 and the tenth transitional provision of law 3/2013, June 4, creation of the National Commission of markets and competition, this order has been object of report by the National Commission of markets and competition (IPN/OF/007/15 and IPN/OF/008/15) who for the preparation of his report has taken into account the observations and comments of the Advisory Council of electricity, through which it has evacuated the processing of audience to the sector and consultations to the autonomous communities.

By agreement of 22 of October of 2015, the Commission associate of the Government for issues economic has authorized to the Minister of industry, energy and tourism to dictate the present order.

By virtue, with the prior approval of the Minister of finance and public administration, have: CHAPTER I object and scope article 1. Object.

1 is the subject of this order the establishment of the mechanism of allocation of the specific compensation arrangements for new facilities for production of electricity from biomass that are located in the peninsular and for installations of wind technology, electrical system convened under cover of the Real Decree 947/2015, of 16 October, which establishes a call for the granting of the specific compensation arrangements to new installations of electric power production from of biomass in the peninsular power system and for installations of wind technology.

2. Likewise, approve compensation installations parameters reference type that shall apply in the competitive procedure.

Article 2. Scope of application.

1 in accordance with the provisions of the second paragraph of the Real Decree 947/2015, on 16 October, this order shall apply to the following collective installations: to) new groups b.6, b.8 biomass installations or hybrid type 1, provided that in the latter case not used as fuel black liquors of the Group c.2, located in the Mainland electric system.

(b) facilities of the subgroup b.2.1 new or modifications of installations existing.

For these purposes, means that an installation is new when it is constituted by new major equipment and without prior use and had not been definitively in the administrative register of facilities for production of electrical energy, previously registered that it provided under the Royal Decree 947/2015, of 16 October.

Also means that he is a modification of an existing wind installation when you modify a facility that had been inscribed with finality in the administrative register of installations of electric power production, provided that the modification unless the replacement of wind turbines with new ones and without prior use and that such modification had not been registered with finality in the register the date on which it takes effect the Royal Decree 947/2015, on 16 October. The modification can affect all of the installation or a part of it.

2. no specific remuneration regime facilities, new or modifications to existing facilities, which they had granted prior to that provided under the Royal Decree 947/2015, October 16, the right perception of the Primate economic regime, the specific compensation arrangements or any other renewable energy-related economic regime may be granted cogeneration and waste.


3. in accordance with the provisions in article 1.3 and the second additional provision of law 17/2013, October 29, for assurance of supply and increased competition in the insular and extrapeninsulares electrical systems, not may be granted the specific compensation arrangements to facilities in the electrical systems of the non-peninsular territories that are owned by a company or group of companies having a percentage of power of electric power superior to 40 per cent in that system, although they had been awarded the call object of the Real Decree 947/2015, October 16, and the present order.

CHAPTER II specific article 3 remuneration arrangements. Regime payment specific.

1. the allocation of the regime retribution specific contemplated in this order and in the Real Decree 947 / 2015, of 16 of October, is held by a procedure of auction.

2. them facilities included in the scope of application of this order, associated to them offers that are awarded of the auction of allocation of the regime retributive specific regulated in the chapter III and that meet them requirements and procedures established in this order and in the Real Decree 413 / 2014, of 6 of June, by which is regulates the activity of production of energy electric starting from sources of energy renewable cogeneration and waste, will receive specific remuneration regime regulated in this Royal Decree 413/2014, 6 June.

3. them facilities of biomass associated to them offers awarding of the auction will be considered, to them effects of the posting of the fuel main used, as facilities hybrid of type 1 according to it established in the article 4 of the Real Decree 413 / 2014, of 6 of June, can use interchangeably fuels of them groups b.6 and b.8 and without the possibility of use as fuels liquors black. The owners of the facilities may apply for registration b.6 group or the Group b.8 according to article 4.2 of Royal Decree 413/2014, on 6 June.

4. the regime retribution specific applicable to an installation concrete is determined starting from them parameters compensation of the installation type to she associated.

5 pay the installation type parameters will be calculated from the remuneration the installation parameters reference type of application for the call for the auction and the percentage reduction obtained therein, in accordance with article 5.

6. the offers awarded, once them awarded present the warranty economic according to it established in the article 14, will be registered in the register of regime retributive specific in State of pre-allocation.

The successful tenderer may request the step exploitation in the register of specific remuneration arrangements of one or more facilities to cover the power quota awarded and registered in State of pre-allocation.

7. in the event that the modification of an installation existing affects only to a part of the installation, it part of installation modified will be considered to effects remuneration as a new unit retributive, keeping is invariably the regime remuneration of the part not modified.

Within a maximum period of one month from the date of unavailability of part of the original installation that will be modified, the applicant shall request the resignation the specific compensation arrangements corresponding to the power be deleted that part of the original installation to the Directorate-General for energy and mines, this without prejudice to communication to the competent organ of the modification of the power to the electricity production facilities registry corresponding. It waives to the regime retributive specific will produce effects from the cited date of unavailability and will have character definitive, without prejudice of the regime retributive specific that, in his case, is you recognize to the installation modified.

Article 4. Parameter compensation of the installation type of reference.

1 pay the installation parameters reference type of application for the call for auction will be the following: to) life regulatory.

(b) standard value of the initial investment of the type of reference installation.

(c) number of equivalent hours of operation.

(d) price considered to estimate the revenue of exploitation from of the sale of energy.

(e) upper and lower limits of the market price.

(f) targeting of the considered price factor to estimate operating income from the sale of energy, for each technology.

(g) number of equivalent hours of annual minimum performance, threshold of annual performance and percentages applicable to the calculation of the number of equivalent hours minimum operation and the threshold of performance periods of three, six and nine months.

(h) operating costs.

(i) remuneration to investment from the reference type installation.

(j) where applicable, pay to the type of reference installation operation.

(k) value that will turn the reasonable profit.

(l) where applicable, fuel costs.

(m) where applicable, number of maximum working hours for the purpose of perception of the reward to the operation.

For installation reference type can be distinguished values differentiated compensation parameters according to the year of approval of final exploitation.

2 values of compensation the installation parameters type of reference, for every year of definite exploitation authorization, applicable to the auction and these facilities reference type identification codes shall be those included in the annex.

Article 5. Remuneration parameters of type facilities.

((((((((((((1. them parameters compensation of them facilities type is calculated of the following form: to) them values of them parameters defined in them paragraphs to), c), d), e), f), g), h), j), k), l) and m) of the article 4.1 of the installation type with authorization of exploitation final in given year, will be them same that them values of them parameters of the installation type of reference associated , for the year of approval of final exploitation.

(b) the standard value of the initial investment of the installation type with permission of definite exploitation in given year shall be calculated by applying the percentage of reduction obtained from the auction process to the standard value of the initial investment for the installation reference type and year of definite exploitation authorization approved for each call.

(c) pay to the investment of the installation type is obtained by applying to the parameters defined in the preceding paragraphs the methodology defined in title IV of Royal Decree 413/2014, 6 June.

2. the code of each installation type is included in paragraph 3 of the annex. That paragraph of the annex contains an expression simplified for the calculation of the remuneration to the investment of the type facilities.

3 remuneration type installation parameters will be reviewed and updated in accordance with the provisions of article 14.4 of the law 24/2013, on December 26, and with Royal Decree 413/2014, 6 June.

In this way, nor regulatory useful life may not be check or the standard value of the initial investment for the installation type, the latter calculated as indicated in paragraph 1.

4. in accordance with the additional provision primera.2 of Royal Decree 413/2014, on 6 June, for installations where the specific compensation arrangements is given under cover of the provisions of this order, in accordance with article 14.7 of the law 24/2013, on December 26, the reasonable profitability of the installation during the first regulatory reference type will turn before taxes, environment to the average performance of the obligations of the State ten years, calculated as the average of prices in the aftermarket for the months of April, may and June 2013, increased by 300 basis points.

Article 6. Life regulatory and standard value of the initial investment.

1 life regulatory type installations defined in this order will be as follows: technology category group/subgroup lifespan (years) b) b.2.1 20 biomass wind regulatory b) b.6 and 25 2 b.8. The value of the life useful regulatory and the value standard of the investment initial of each an of them facilities type defined in this order, will be to it willing in the article 14.4. 1st of the law 24 / 2013, of 26 of December, of the Sector electric and in the article 20.1 of the Real Decree 413 / 2014, of 6 of June.

Article 7. Calculation of the hours minimum and thresholds of performance.


For the purposes of article 21 of Royal Decree 413/2014, 6 June, in relation to corrections to account for the annual definitive correction at the end of the first, second and third quarter of each year, for the calculation of the number of equivalent hours minimum operation and the threshold of performance for periods ranging from 1 January of each year to March 31 , until the 30 of June and until the 30 of September, respectively, should multiply is the number of hours equivalent of operation minimum annual and the threshold of operation annual, by the percentages established in the annex for each period e installation type.

CHAPTER III procedure article 8 auction. Features of the auction.

((1. those products to auction will be: to) the power (kW) with right to the perception of the regime retributive specific of new facilities of biomass defined in the article 2.1. to).

((b) power (kW) with a right to the perception of the specific compensation arrangements for wind installations defined in article 2.1. b).

2. the auction process will be made by the method of auction closed with a marginal system envelope, i.e. the percentage of reduction applicable to each offer that is allocated will be the percentage of married last supply reduction.

3. as a result of the auction will provide the power awarded to each participant for each technology, as well as the percentage of reduction of the standard value of the initial investment of the type of reference installation.

Article 9. Call of the auction.

1 the power called for the allocation of the right to the perception of the specific compensation arrangements of each technology of those included in the scope of this order will be as follows: to) for new biomass facilities defined in article 2.1. to), up to a maximum of 200 MW of power.

((b) for wind installations defined in article 2.1. b), up to a maximum of 500 MW of power.

2. the auction is convened by resolution of the Secretary of State of energy in which is established the procedure and them rules of the auction and that is published in the «newsletter official of the State». The resolution will establish, at least: to) the rules to be applied in the auction.

(b) the quota of power of the auction for each reference type installation.

(c) the term of pre-qualification, qualification and the date of realization of the auction.

(d) the information and documents to include in the request of participation in the auction.

(e) the guarantees economic to participate in the auction.

3 may participate in the auction of allocation of the specific compensation arrangements the natural or legal persons who meet the requirements set out in this order and the resolution which establishes the procedure and the rules of the auction, without prejudice to other conditions that you were enforceable in accordance with the regulations.

4. in the so-called of that as result of the auction not is reach them limits maximum of power collected in the paragraph 1, the Secretary of State of energy may convene the celebration of new auctions to reach such limits, keeping is them parameters compensation of them facilities type of reference.

Article 10. Administering entity of the auction.

The entity administering of the auction will be IMO-Polo Spanish S.A. (OMIE) directly or through any of its subsidiaries.

Article 11. Entity the auction supervisor.

The National Commission of markets and competition will be the supervisor of the auction company. For this purpose, shall appoint two representatives who will act on behalf of such institution, with full powers, in the role of oversight of the auction and, especially, for the purpose of confirming that the process has been objective, transparent and non-discriminatory, and that the auction has been competitively, not having appreciated the use of practices that may involve restrictions on competition or other faults in the development of the same.

Article 12. Request for participation in the auction.

1. the application for participation in the auction mechanism shall apply, by electronic means, to the administering entity of the auction, including the information that will be presented in the resolution of the Secretary of State for energy, which establishes the procedure and the rules of the auction.

2. Requests for participation in the auction shall be accompanied by guarantees of participation therein as he is stated in the aforementioned resolution.

3. the administering entity of the auction shall verify compliance with the requirements set out in the resolution by which establishes the procedure and the rules of the auction. Qualified participants will be to participate in the auction of those who meet these requirements.

Article 13. Development and resolution of the auction procedure.

1. those participating qualified to participate in the auction may present offers to the auction, relating to the percentage of reduction of the value standard of the investment initial of the installation type of reference, according to them rules certain by resolution of the Secretary of State of energy.

2. once developed the process of submission of tenders and carried out the auction according to the established rules, the administering entity of the auction shall be the determination power awarded and the percentage of reduction of the standard value of the initial investment of the resulting reference type installation.

Within a maximum of 2 hours from the closure of receipt of tenders for the auction, the administering entity of the same, will be announced each participant the value of the power given to him and the percentage of reduction of the standard value of the initial investment of the resulting reference of the auction type installation. Later, the administering entity shall forward the results of the auction to the supervisory authority and the Ministry of energy, indicating bidders, awarded powers and the percentage of reduction of the standard value of the initial investment of the type of reference installation.

3. within a maximum period of 24 hours from the receipt of the referral results, the auction supervisor entity must validate them and the procedure followed in the auction. These effects will forward a report to the Secretary of State for energy and the administering entity of the auction.

4. in the event that the auction is declared invalid by the State supervisor of the auction, the auction procedure void by resolution of the Secretary of State for energy.

5. valid declared once the auction by the State supervisor of the auction, the Directorate-General for energy and mines, from the results of the auction referred by the administering entity, dictate resolution that resolves the auction, which will be published in the «Official Gazette».

The resolution will include compensation parameters of facilities type defined in the calculated anexo.3 accordance with article 5 and in accordance with the Royal Decree 413/2014 6 June.

Against this resolution, that not puts end to it via administrative, is may bring resource of Freehand before the Secretary of State of energy in accordance with it willing in them articles 114 and 115 of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common.

6. the result of the auction will be binding for all those participants that have presented offers in the auction. The guarantees economic to participate in the auction is remain deposited according to is establishes in the article 14.5.

7. it award in the auction will lead, a time presented the warranty in accordance with it established in the article 14, the right to the registration of the power awarded in the record of regime retributive specific in State of pre-allocation.

8 once the auction supervisor entity will issue a report on its development and potential improvements, which will be forwarded to the Secretary of State for energy.

CHAPTER IV registration in the register of regime retribution specific article 14. Registration in the register of regime retribution specific in State of pre-allocation.

1. them awarded will have of a term of 45 days working, from the date of publication in the «newsletter official of the State» of it resolution of the Secretary of State by which is resolves it auction, for present the request of registration in the record of regime retributive specific in State of pre-allocation, together with the warranty economic described in the following paragraph , before the direction General of political energy and mines.

The request shall include the information of the holder, the legal representative, technology, category, group, subgroup and reference of awarded supply type installation, as well as the power for which apply for registration in the register of specific remuneration arrangements in State of pre-allocation, which in any case will be equal to or less than the power awarded in the auction. The data concerning these blocks of information are indicated in annex V of Royal Decree 413/2014, 6 June.


2. it request anger accompanied of it warranty economic lent by the entity of credit and the shelter of the box General of deposits of have deposited such warranty by the amount established in the article 16 of this order, of conformity with it regulated in the article 44 of the Real Decree 413 / 2014, of 6 of June.

In both documents, the description of the obligation guaranteed will include literally the following text: «obtaining of the registration of the installation in the registration of regime retributive specific in State of exploitation complying, in all case, them requirements established in the article 46 of the Real Decree 413 / 2014, of 6 of June».

3. Once checked the validity of the guarantees referred to in the preceding paragraph, the Directorate-General for energy and mines, you dictate a resolution that are registered in the register of specific remuneration arrangements in State of pre-allocation to holders and the allotted powers. This resolution shall be published in the «Official Gazette».

The date of publication in the «Official Gazette» will be used to set the deadline at which the system must be completely after pursuant to article 46 of Royal Decree 413/2014, of 6 June.

He term maximum for resolve the resolution of the procedure will be of three months counted from the day following to the presentation of the request. After this period without having notified express resolution, stakeholders can understand ignored requests by administrative silence.

Appeal may bring against this decision, which does not put an end to the administrative procedure, before the Secretary of State for energy in accordance with the provisions of articles 114 and 115 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

4. in the case that is produce a modification of the holder or of the representative should request is the incorporation of this modification in the registration of regime retributive specific.

5. the publication in the «Official Gazette» of the resolution that are registered in the register of specific remuneration arrangements in State of pre-allocation to bids awarded, refers as a requirement of the Directorate General of energy and mines to the administering entity of the auction, so appropriate to the return of the guarantees deposited for participation in the auction to those awarded by the power contained in that resolution.

In the event that a participating contractor has not completed the requirements established in the preceding paragraphs, either total or partially, the administering entity of the auction, prior request of the Directorate-General for energy and mines, proceed to the execution of the guarantee deposited for participation in the auction following the procedure established in the rules of the auction , likewise will proceed to its entry in the form and conditions that are established.

6. of conformity with the available additional twelfth of the Real Decree 738 / 2015, of 31 of July, by which is regulates the activity of production of energy electric and the procedure of clearance in them systems electrical of them Territories not Peninsular and in accordance with the article 27.6 of the law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public , the requests, written, communications and notifications is carried out exclusively by via electronics.

Article 15. Requirements for registration in the register of specific remuneration arrangements in a State of exploitation.

1. the procedure of registration in the register of specific remuneration arrangements in a State of exploitation will take place according to the provisions in article 47 of Royal Decree 413/2014, 6 June.

2. in accordance with article 12.4 of Royal Decree 413/2014, on 6 June, the registration in the register of specific remuneration arrangements in State of pre-allocation is performed to a certain power value not associated with a specific installation. Them features of them facilities is included in the request of registration in the registration of regime retributive specific in State of exploitation, through the filling of the paragraph 2 of the annex V of the Real Decree 413 / 2014, of 6 of June.

3. the application for registration in the register of regime retribution specific State of exploitation must be accompanied by a statement responsible for, the owner of the installation, which is collected literally: «the application for registration in the register of regime retribution specific State of exploitation refers to a new installation or a modification of an existing wind installation «, as set out in paragraph segundo.1 of the Real Decree 947/2015, on 16 October, satisfying, in addition, set out in paragraphs segundo.2 and segundo.3 of the Royal Decree ".

(4. installation or installations to request the registration of specific remuneration arrangements in a State of exploitation, under provisions of article 46.1. b) the Royal Decree 413/2014, 6 June, must have the same headline that record, at that time, in the register of specific remuneration arrangements in State of pre-allocation , as well as the same technology, category, group, subgroup and installation type of reference.

5. with respect to the registered in the register of regime power compensation specific State of exploitation shall apply as provided for in article 46 of Royal Decree 413/2014, 6 June.

6. installation type associated to the installation for which requested enrollment in State of exploitation, must be one of those linked to the installation reference type of enrollment in State of pre-allocation. Resolution of registration in the register of specific remuneration arrangements in State of operation will include the installation type associated with the installation according to the year of approval of final exploitation.

7. the facilities of biomass and wind energy related to the offers that had been awarded in the auction, will have a maximum period of 48 months for the fulfilment of the requirements laid down in article 46 of Royal Decree 413/2014, of June 6, counting from the date of publication in the «Official Gazette» of the resolution that are registered in the register of specific State of pre-allocation remuneration arrangements to the offers awarded.

Article 16. Amount of the guarantee economic.

The amount of the financial guarantee, regulated in article 44 of Royal Decree 413/2014, 6 June, requested as a prerequisite for registration in the register of specific remuneration arrangements in State of pre-allocation, will be €20 /kW expressed according to the installed power.

Sole additional provision. Aid from European funds.

In the case where installations with specific remuneration regime granted under the aegis of the provisions of this order, were awarded some type of aid or subsidy derived from a call for aid from European funds, the deduction of the specific compensation arrangements will be in the terms established by ministerial order.

First final provision. Skill-related title.

This order is run under the protection of the rules 13th and 25.ª in article 149.1 of the Constitution, which attributed to the State the exclusive competence in matter of bases and coordination of the general planning of economic activity and the regime and mining bases, respectively.

Second final provision. Entry in force.

The present order will enter in force the day following to the of your publication in the «Bulletin official of the State».

Madrid, 23 October 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.

ANNEX facilities remuneration parameters reference rate applicable to the production of electricity from biomass facilities in peninsular power system and for installations of wind technology 1. Then collected facilities reference with its encoding type and for each one of them settle the compensation parameters according to the year of approval of final exploitation: 1.1 compensation parameters of the installations of reference with permission of definite exploitation in the years 2015 and 2016.




Techn.





Identification of the installation type of reference year of authorization code of holding short useful life regulatory (years) standard value of the initial investment (€mounted) number of equivalent hours of operation (h) operating costs first year (€ / MWh) biomass costs first year (€/ t) operating hours maximum for the perception of Ro (h) No. equivalent hours of alkaline. minimum annual Nhmin (h) threshold of alkaline. UF annual (h) pay to the investment Rinv (€mounted) 2015-2016 retribution to the operation (first year) (*) Ro (€ / MWh) biomass ITR-0101 2015 25 3.335.000 6,500






42,39





47,07





6.500





3.000





1.000





299.264





50,858






2016





25





3.335.000





6.500





42,76





47,54





6.500





3.000





1.000





299.264





51,575






Eólica





ITR-0102





2015





20





1.200.000





2.800





24,95

















1.400





840





63.243












2016





20





1.200.000





2.800





24,96

















1.400





840





63.275 (*) Ro values will be updated semi-annually in accordance with Royal Decree 413/2014, 6 June, and order EIT/1345/2015, of 2 July.

Note: The previous compensation parameters are subject to revisions and updates referred to in article 20 the Royal Decree 413/2014, 6 June.

1.2 parameters compensation provisional of the facilities type of reference with authorization of exploitation final in the years 2017, 2018, 2019 and 2020.




Techn.





Identification of the installation type of reference year of authorization code of holding short useful life (years) standard setting regulatory of the initial investment (€mounted) equivalent hours of alkaline. (h) operating costs (€ / MWh) costs of biomass freshman first year (€/ t) hours of alkaline. maximum for the perception of Ro (h) No. hours equivalent of alkaline. minimum annual Nhmin (h) threshold of alkaline. UF annual (h) pay to the investment Rinv (€mounted) 2017-2020 retribution to the operation (first year) (*) Ro (€ / MWh) biomass ITR-0101 2017 25 3.335.000 6,500 43,16 48,02 6,500 3,000 1,000 299.264 50,376 2018 25 3.335.000 6,500 43,55 48,50 6,500 3,000 1,000 299.264 51,337 2019 25 3.335.000 6,500 43,94 48.98 6,500 3,000 1,000





299.264





52,308






2020





25





3.335.000





6.500





44,34





49,47





6.500





3.000





1.000





299.264





53,292






Eólica





ITR-0102





2017





20





1.200.000





2.800





25,29

















1.400





840





63.384












2018





20





1.200.000





2.800





25,50

















1.400





840





64.010












2019





20





1.200.000





2.800





25,71--1,400 840 64.643-2020 20 1,200,000 2,800 25.93--1,400 840 65.282-(*) them values of Ro, are orientative, since is updated semi-annually in accordance with it established in the Royal Decree 413 / 2014, of 6 of June, and the order EIT / 1345 / 2015, of 2 of July.

Note: The previous compensation parameters are subject to revisions and updates referred to in article 20 the Royal Decree 413/2014, 6 June.

1.3 of compliance with the article 21.8 of the Real Decree 413 / 2014 of 6 of June, the values indicated previously of number of hours equivalent of operation minimum and of the threshold of operation not will be of application during the first and the last year natural in which is produces the accrual of the regime retributive specific.

The applicable percentage for the calculation of the number of equivalent hours minimum operation and the threshold of performance periods ranging from 1 January to 31 March, up to 30 June and 30 September are as follows: − percentage applicable from January 1 to March 31: 18%. the technology of biomass and 15% for wind technology.

− Percentage applicable from the 1 of January to the 30 of June: 37% for the technology of biomass and 30% for the technology wind.

− Percentage applicable from 1 January to 30 September: the technology of biomass 55% and 45% for wind technology.

2 assumptions and general compensation parameters of application type of reference installations and facilities type included in this Annex: 2.1 upper and lower limits of the market price, for the implementation of the provisions of article 22 of Royal Decree 413/2014, of June 6, are those included in annex III of the order EIT/1045/2014 , of 16 of June, such limits are them following: 2015 2016 2017 in forward LS2 (€ / MWh) 57,52 57,75 60.00 LS1 (€ / MWh) 53,52 53,75 56.00 LI1 (€ / MWh) 45,52 45.75 48,00 LI2 (€ / MWh) 41,52 41,75 44.00 2.2 price considered to estimate them income of exploitation from of the sale of energy.-them values of them prices of the market electric are them collected in the annex III of the order EIT / 1045 / 2014 June 16, which have been calculated as the arithmetic mean (rounded to two decimal places) of the prices, for annual periods of delivery of futures contracts, charge basis, for Spain, in the days that have been open to negotiation during the second half of 2013, according to data published by OMIP. Of 2017 in forward, is has adopted the hypothesis of that the price of the market electric is maintains constant in a value of 52 €/ MWh. such values are them following: 2015 2016 2017 in forward price considered to estimate them revenue from of the sale of energy (€ / MWh).





49,52 49,75 52.00 2.3 coefficients of pointing technology. Coefficients of sighting considered on the estimated price of the market are those included in annex III of the order EIT/1045/2014, 16 June, these coefficients are as follows: • technology of biomass (subgroup b.6): 0,9643.

• Wind technology (subgroup b.2): 0,8889.

These factors is correspond with them coefficients of pointing technological for 2014 calculated by the Commission national of them markets and the competition (CNMC), with the information available in that Commission until the 31 of December of 2013, relative to the years 2011, 2012 and 2013.

2.4 value applicable to the returns reasonable. Ten-year average of the obligations of the State performance, calculated as the average of prices in the secondary market for the months of April, may and June 2013, in accordance with provisions in the first additional provision of Royal Decree 413/2014, 6 June, and applicable to the calculation of compensation parameters for the facilities referred to in this annex 4,503.

To increase this value by 300 basis points, the applicable reasonable profit value used for the calculation is 7,503.


2.5. evolution of operational costs. The value indicated for each installation type is composed by a term fixed and another variable with the production. It has been considered an annual increase of 1% until the end of its life cycle regulatory, with the exception of those items whose evolution is already regulated, such as the cost of the toll of access established by the Royal Decree-Law 14/2010 of 23 December, establishing emergency measures for the correction of the tariff for the electricity sector and the Royal Decree 1544 deficit / 2011 , of 31 of October, establishing tolls for access to the networks of transport and distribution which should satisfy the producers of electrical energy (€0,50 / MWh fixed value), or the tax on the value of the production of electrical energy (IVPEE) established in law 15/2012, of 27 December, fiscal for sustainable energy with a value fixed 7% proportional to turnover.

2.6 hypothesis additional of calculation.

• Technology of biomass (Group b6): is considered a net return of the installation of 24% and an increase of 1% annual fuel cost.

• Technology wind (subgroup b.2): with regard to them hours equivalent of operation, is considered that all them facilities suffer a loss of performance, and therefore of production, of the 0.50% annual, that begins to apply starting from the sixteenth year of his life useful regulatory, accumulating is annually during them years remaining. For them costs of diversions, is considered the value of 0.80 € / MWh in 2015 and of 0.60 € / MWh of 2016 in forward, until the end of the life useful regulatory.

2.7. the methodology of calculation of remuneration to investment. For the reference type and the type facilities, shall apply the methodology of calculation of the net value of the asset and the coefficient of adjustment as set out in annex VI of Royal Decree 413/2014, of 6 June.

3. simplified expression for the calculation of the fee to the inversion of the installation year of 'a' final exploitation authorization type, application in the period 2015-2020 - the following expression allows to calculate remuneration to investment from the installation type with year of authorization of exploitation short 'a', from the remuneration corresponding to the year investment 'a' of the installation type of reference and the percentage of reduction of the standard value of the investment initial of the installation type of reference retrieved of the auction: RinvIT, to = RinvITR, to-mIT, to * RedITR where: RinvIT, a: retribution to the investment by unit of power of the installation type with year of authorization of exploitation definitive ' to ', expressed in €/ MW.

RinvITR, a: return for investment by the year power unit 'a' of the installation type of reference, expressed in €/ MW, which will be obtained from paragraph 1 of this annex.

Network: Percentage of reduction of the standard value of the initial investment of the reference rate, expressed as 1 installation.

mIT, a: coefficient applicable for calculate the retribution to the investment of the installation type with year of authorization of exploitation final ' to ': in any case the value of the retribution to it investment will be negative. If the previous formulation is obtained a negative value shall pay investment takes value zero.

3.1 coefficients mIT, installations type with permission of definite exploitation in the years 2015 and 2016.




Technology code of identification of the installation type of reference year of authorization of exploitation final «to» group (Art. 2 Real Decree 413 / 2014) code of identification of the installation type mIT, to biomass ITR-0101 2015 b.6 / b.8 IT-04001 299.264 2016 b.6 / b.8 IT-04002 299.264 wind ITR-0102 2015 b.2 IT-04007 126.599 2016 b.2 IT-04008 126.599 them parameters compensation of the installation type is calculated starting from them parameters of the installation type of reference and of the result of the auction of conformity with it established in the present order and in the Royal Decree 413 / 2014, of 6 of June.

3.2 coefficients mIT, to provisional for the facilities type with authorization of exploitation final in the years 2017, 2018, 2019 and 2020.




Technology code of identification of the installation type of reference year of authorization of definitive operation 'a' group (Art. 2 Royal Decree 413/2014) identification code of the installation type mIT, to biomass ITR-0101 2017 b.6 / IT-04003 299.264 2018 b.6 b.8 / 04004-IT 299.264 2019 b.6 b.8 / IT-04005 299.264 2020 b.6 b.8 / b.8 IT-04006 299.264 wind ITR-0102 2017 2018 b.2 126.599 IT-04009 b.2





IT-04010 126.599 2019 b.2 IT-04011 126.599 2020 b.2 IT-04012 126.599 them parameters compensation of the installation type is calculated starting from them parameters of the installation type of reference and of the result of the auction of conformity with it established in the present order and in the Real Decree 413 / 2014, of 6 of June.