Resolution Of July 30, 2015, Of The Ministry Of Energy, By Which Approve The Rules Of The Competitive Process Of Auctions For The Allocation Of Management Of Interruptibility Demand And Model Adh...

Original Language Title: Resolución de 30 de julio de 2015, de la Secretaría de Estado de Energía, por la que se aprueban las reglas del procedimiento competitivo de subastas para la asignación del servicio de gestión de la demanda de interrumpibilidad y el modelo de adh...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8768

Order EIT/2013/2013, 31 October, which regulates competitive allocation of management of the demand of interruptibility service mechanism, regulating a competitive mechanism of allocation of resource interruptible placed at the disposal of the electric system through the management of the demand of interruptibility service.

This order was amended by the order EIT/346/2014, on 7 March, which modifies the order EIT/2013/2013, 31 October, and by the EIT/1752 order/2014, of 26 September, by which establishes the corresponding electric season calendar and are accordingly modified certain aspects relating to the management of the demand of interruptibility service.

In accordance with the order, the system operator is responsible for the management of the service of demand management interruptibility, as well as the implementation, follow-up and verification of all aspects relating to the provision of the same.

Article 4.1 of the order establishes the allocation of interruptibility service will be handled through an auction procedure managed by the system operator.

The second additional provision contains the mandate given to the system operator to propose, among other things, the mechanism of auction and auction rules, as well as the model of adherence to the legal framework established for participation in the auction, which will be approved by resolution of the Secretary of State of energy once made the mandatory hearing procedure and published in the «Official Gazette».

In accordance with this provision, decision dated August 1, 2014 for the Secretary of State for energy was approved the rules of the competitive process of auctions for the allocation of the management service of interruptibility demand and the model of adherence to the legal framework established for the participation of auctions.

Also, by resolution on October 10, 2014, the Secretary of State for energy adopted the characteristics of the competitive process of auctions for the allocation of the service's management of the demand of interruptibility regulated at the IET/2013 order/2013, October 31, 2015 electric season, whose second paragraph provides that rules of application to the procedure of auctions for the allocation of interruptibility service in the 2015 season and the consumers of electricity enabled to participate therein, shall be those included in annex I to the resolution of August 1, 2014, from the Secretary of State for energy, by which approve the rules of the competitive process of auctions for the allocation of the management service of interruptibility demand and the model of adherence to the legal framework established for the participation of auctions.

Similarly, in the resolution of 17 December 2014 the State Secretariat for energy by which approve the auction procedure aspects for the 2015 electric season, it was decided to apply the procedure for special auction for allocation of power requirements additional interruptible service interruptibility in the 2015 season and enabled electricity consumers to participate in the same , the rules contained in annex I to the resolution of August 1, 2014 of the Ministry of energy, with certain special features provided for in the second paragraph.

Dated May 4, 2015 has had input in the Ministry of industry, energy and tourism, proposed operator of the system which collects, among other aspects relating to the procedure for auctions of interruptibility for the 2016 season under cover of the provisions in items 4.2 and 12.3 order EIT/2013/2013, 31 October, various considerations on the realization of auctions that affect the development of the same and which involves Therefore, a change in the rules approved by resolution of August 1, 2014.

The aforementioned proposal have been submitted to the National Commission of markets and competition on May 28, 2015 for the issuance of the report in accordance with article 4(2) of the order EIT/2013/2013, on 31 October.

The Commission has issued a report dated 11 June 2015 as 'Agreement whereby airs report on the proposal for the system operator on auctions of interruptibility for electric season 2016', which assesses proposals for the system operator and performs other proposed amendments.

After analyzing the alternatives posed by the operator of the system and the National Commission of the market and competition, it was considered appropriate to proceed with the adaptation of the rules of the competitive process of auctions for the allocation of the management of the demand of interruptibility service. For a better understanding of them by subjects that are intended for is the adoption of new rules, notwithstanding that in essence the approved content is not modified in August 2014.

The rules of auction that are approved in the present resolution take into account provisions of the order EIT/2013/2013, 31 October, in relation to the types of product to be auctioned and the delivery period, without prejudice to the characteristics of auctions which must be previously approved by resolution of the Secretary of State for energy to allow its development.

Also, the rules collected to the abovementioned order on requirements that must be met for participation in the auction, monitoring that will conduct the CNMC and results reporting obligations.

In accordance with provisions of article 7.2 from order EIT/2013/2013, 31 October, the formal adhesion of the participants in the auction to the established legal framework, which can be carried out once the authorization issued by the system operator, will involve adherence to the terms of service, and the obligation to provide the same , in case of being awarded, except as provided for the exclusion of article 11 of the order service.

By virtue, I resolve: first. Rules of the competitive process of auctions and model of adherence for management of the demand of interruptibility service allocation.

This resolution establishes, as a general rule, the content of the rules of the competitive process of auctions for the allocation of the service's management of the demand of interruptibility, in accordance with the provisions of the order EIT/2013/2013, 31 October, which regulates competitive mechanism of allocation of the management of the demand of interruptibility service , and that are inserted in annex I of this resolution.

Also approves the model of adherence to the legal framework of the competitive mechanism of allocation of interruptibility demand management service, and the model of authorisation to participate as bidders on behalf of consumers in the auction included in annex II to the present resolution.

Second. Accession of consumers to the legal framework of the competitive mechanism of management of the demand of interruptibility service allocation.

Consumers who had formally joined the legal framework for their participation in the competitive mechanism of allocation of interruptibility, prior to that provided under this resolution shall formalize a new formal accession in accordance with the model of adherence to the legal framework of the competitive mechanism of allocation of the service's management of the demand of interruptibility approved in annex II to the present resolution.

Third party. Publication.

The present resolution shall be published in the «Official Gazette».

Room. Effects.

This resolution shall take effect from the day following its publication in the "Official Gazette".

After that date shall be without effect the resolution of August 1, 2014 of the Ministry of energy, by which approve the rules of the competitive process of auctions for the allocation of the management service of interruptibility demand and the model of adherence to the legal framework established for the participation of auctions.

Madrid, 30 July 2015.-the Secretary of State for energy, Alberto Nadal Belda.

Annex I rules of auction of the competitive mechanism of allocation of interruptibility 1 demand management service. Object annex I is to establish the rules of the auction process to be carried out for the assignment of the service's management of the demand of interruptibility, offered by consumers who qualify to be suppliers of the same, defined in the order EIT/2013/2013, 31 October, which regulates the conditions of service of management of interruptibility demand and order EIT/1752/2014 September 26, which is set for the electric season calendar and certain aspects relating to the management of the demand of interruptibility service are accordingly modified.

Terms related to the methodology of auctions, the agents involved and the procedures associated with the allocation of power requirements interruptible used in these rules are defined in Appendix A of this annex I on glossary of terms.

2 subjects in the process of auctions 2.1 involved subjects.

The subjects involved in the bidding process, are as follows:
-Participant is the physical or legal person who has successfully completed the process of accession to the legal and contractual framework of the competitive mechanism of allocation of the management of the demand of interruptibility service.

-Bidder is the legal representative of the participant designated for each of the points of supply, which will participate in the auctions of blocks of product of a call.

-Auction Manager (hereinafter Manager): the operator of the system (in later OS).

-Supervisor of the auction (hereinafter supervisor): National Committee of markets and competition (in later CNMC).

2.2 requirements of subjects for participation in the auction process.

In addition to the requirements laid down in article 6 of the EIT/2013 order/2013, on 31 October, to participate in the bidding process must meet the following requirements:-be acceded to the corresponding legal and contractual framework.

-Comply with the conditions laid down in every moment applicable regulations.

-Have enabled product blocks available.

3. General characteristics of the process of auctions 3.1 products to be auctioned.

The product blocks auctioned object will be selling to power blocks OS interruptible for which the participant has been enabled in their corresponding points of supply.

According to the provisions of article 5 of the order EIT/2013/2013, 31 October, will be auctioned two types of products called product of 5 MW and 90 MW product.

3.2 type of auction.

Each of the blocks of 5 MW or product 90 MW, which is intended to be awarded will be auctioned off by the administrator in an auction price descending in a series of rounds, under supervision of the CNMC, starting with a starting price to be established in the resolution referred to in paragraph 3.5.

3.3. price of sale of the products.

Without prejudice to the provisions of paragraphs 4.4.1, 4.4.2 and 4.5.6, the selling price of each block of auctioned product is the result of your corresponding auction block product, expressed in € (euros per megawatt) /MW excluding those taxes that are legally applicable.

3.4 power requirements interruptible to be auctioned.

The Secretary of State for energy (in later SEE) by resolution determine, for each of the product types, the range of amounts of power interruptible to be auctioned and the number of blocks of product in which these amounts are desagregarán.

Prior to the conclusion of the auction, the Ministry of energy will set the value of the specific power requirement interruptible auctioning within the range of amounts previously determined, for each type of product, in accordance with provisions of paragraph 4.2, and the number of blocks of product that is broken down this requirement for each type of product.

The product blocks will be auctioned off prior to the start of the delivery period, in one or more notices of auctions of blocks of product, in accordance with paragraph 4.

Pursuant to articles 4.2 and 4.3 of the EIT/2013 order/2013, 31 October, the OS may propose the updating of power requirements interruptible for the period of delivery of each product.

When the award of the auction set price turns out to be lower than the price half initially planned, calculated as the ratio between the cost of the service's management of the demand of interruptibility for the period of delivery and power requirements interruptible auction set within certain ranges of quantities, will be auctioned additional power requirements. Calls for additional auctions in consecutive dates at the conclusion of the preceding calls may be made in these cases.

In this case, the system operator shall the additional requirement that is expected to auction the participants in accordance with the provisions of point 7) of paragraph 4.4.1.

3.5 resolution of features of auctions.

By resolution of the ESS will be published, at least:-for each type of product: the ranges of quantities of power interruptible and blocks of product that will break down these quantities.

-The period of delivery of the power interruptible.

-The starting price of the products to be auctioned.

-The price drop step.

-The dates of realization of auctions.

-The coefficients ka, kb, and kc defined in article 12 of the order EIT/2013/2013, on 31 October.

Confidential annex will be published the maximum total power requirement interruptible and the budget allocated for the auction process to that referenced section 4.1, as well as the assumptions of completion of auctions due to lack of competition referred to in item 4.c) of paragraph 4.4.2.

3.6. registration of authorized and awarded product blocks.

The Auction Manager will manage enabled and awarded blocks of product registration, which will be online, and you will have to access the National Commission of markets and competition and the Ministry of industry, energy and tourism.

4 General considerations 4.1 auction process.

The auction process be held through various calls, in which there will be successive auctions of blocks of product to meet the requirement that is intended to award in each call for proposals (both produce 5 MW and produce 90 MW) or, where appropriate, until the budget allocated in confidential annex.

4.2. prior information.

Information concerning the holding of auctions of blocks of product (the product of 5 MW for both the 90 MW) for each call, shall include, inter alia: - the date and place of the planned blocks of product to be auctioned range, - output price approved by resolution of the SEE, - the step of lowering of price approved by resolution of the SEE.

This information will be communicated to participants via the website of the auction process of interruptibility, included in the web page service e-sios (www.esios.ree.es), according to the format defined in Appendix B, within a maximum of 2 working days after the publication of the decision of the ESA in which approved auctions features.

The number of blocks of product to be auctioned to power requirements interruptible to be auctioned, for each of the products, shall be fixed and will be released in accordance with the following:-the system operator shall inform the Ministry of industry, energy and tourism the parameters and conditions of consumers resulting enabled as laid down in article 7(1). c) order EIT/2013/2013 , 31 October.

The total number of blocks that are enabled for each of the products to be auctioned will be included in this communication and a proposal justified value of power requirements interruptible auction, within the range of quantities that had previously been determined by resolution of the SEE.

-SEE, in the light of this information and taking into account the total maximum requirement and the budget allocated for the bidding process, set the value of the power requirements interruptible auction for each product. This value will be reported to the OS and the CNMC.

-It shall inform the participants through the web page to which this paragraph refers you.

SEE, on justified request of the administrator and after communication supervisor, may defer the call at any time before the date of your celebration. In this case, the administrator will notify the participants the new date of the same.

In addition, by resolution of the SEE, alter the process or calendar of auctions. In particular, may provide for the realization of new auctions to cover power requirements interruptible to be auctioned.

4.3 actions prior to the auctions.

Manager will be available to all participants the "instructions to bidders» which will contain instructions for participation in the auctions of blocks of product. This information will be forwarded at least 15 calendar days before the date of the first call.

Before the first call, the administrator will provide all participants accreditation instruments necessary for participation in the auction, thereby acquiring the status of bidders. So a chance to take part in the auctions of blocks of product, it is necessary that the administrator has a signed confirmation that it has received accreditation instruments mentioned.

Each bidder will have a position of puja, assigned by the administrator at the beginning of each call.

The maximum number of bidders by point of supply that may participate in the auctions shall be determined in the information to publish OS before each call.

4.4 development of the calls.

4.4.1. general development.

In General, the bidding process will be held according to the following sequence: 1) in the first place a call will be held to celebrate the first 50 successive auctions for the product of 5 MW.

(2) the Manager of the auction shall be calculated, once auctioned the first 50 blocks of product of 5 MW, the average reference price as the arithmetic mean of prices for the award of the same.
(3) then a call will be held to celebrate the successive auctions for the product of 90 MW.

((4) following the conclusion of the call for auctions of blocks of 90 MW included the completion, in its case, product direct allocation mechanism which makes reference the paragraph 4.4.2, will be released the calculated average of reference price as determined in point 2) above.

In the event that all of the requirement of 90 MW product had assigned to be auctioned, participants with blocks of product of 90 MW that bidders, have not been can these blocks of 90 MW not awarded product is divided into blocks of 5 MW product and participate in subsequent auctions of 5 MW product or apply for the award directly to the average reference price as provided in point 5).

For these purposes, these participants not bidders must notify the system operator this decision to divide its blocks of 90 MW not awarded in blocks of 5 MW product once the call within a maximum of 2 hours to count since the result is known. In this case, the OS update registration enabled product blocks awarded to make effective its ability to participate in the auctions of the product of 5 MW.

((5) the groups business or if natural or legal persons with one or more delivery points that awarded at least 2 blocks of 5 MW product have been not proven for all of their points in the first 50 5 MW product auctions, or which, pursuant to point 4) have requested their blocks of 90 MW product is divided into blocks of 5 MW product shall be eligible, where appropriate, to a direct agreement, up to a maximum of 2 blocks of product of 5 MW, the average reference price.

In application of the foregoing, a representative of each business group or, where appropriate, physical or legal person with one or more points of service will determine and inform, according to format and communication procedure defined by the OS, points of their group which is assigned blocks of product from 5 MW to the average reference price.

(6) the auction process will continue with one or more calls for subsequent auctions for the product of 5 MW up to cover all of the power requirements interruptible auction set for auction in accordance with paragraph 4.2, or, where appropriate, until the budget allocated in confidential annex.

(7) where after the planned calls to meet power requirements interruptible auctioning fixed by the SEE had has not exceeded the totality of the budget allocated to the auction process, additional announcements of auctions to cover the total maximum power requirements will be carried out interruptible or, where appropriate, until the budget is exhausted , both set in confidential annex.

For these purposes, the OS shall inform the participants through the website referred to in this paragraph in the terms laid down in paragraph 4.2.

(8) at any time during the auction process participants who have not awarded product blocks may apply to the OS, according to the mechanism that this has on their website to make such a request, the permanent abandonment of the bidding process, as regards only the blocks that have been unassigned.

Upon request your permanent abandonment, the participant not be allowed to participate in any auction block product that takes place.

4.4.2 development of auctions in each call.

A_lo_largo_de a call, the realization of successive blocks of product auctions will take into account the following scheme: 1) notice of the auction of a block of product, with an anticipation to the celebration of the same not less than 30 seconds.

(2) implementation of the auction of a block of product and award of the same, or declaration of desert auction in case of successive tie, in accordance with the paragraph 4.5.5.

(3) be established a period of not less than 5 minutes rest per hour auction.

((4) a call will be ended under one of these circumstances: to) when made all blocks product auctions scheduled for the same.

or legal person b) when at the next auction of 90 MW or 5 MW product block all bidders that go to participate in the auction, they belong to the same group of companies or in its case with one or more points of supply.

(c) when in the next auction of 90 MW or 5 MW product block occurs any of the assumptions that will be reflected in the confidential annex to resolution of features of the SEE.

(If one of the cases referred to in paragraphs b) or c) above, shall be rounds of allocation that will be awarded directly the product blocks all pending award of each business group or, where appropriate, physical or legal person with one or more points of supply.

The award of blocks of product through this mechanism will be voluntary and, therefore, business groups or if natural or legal persons with one or more points of supply, must be reported, according to the format and the procedure for communication defined by the OS, if they accept such an award and order of allocation of blocks of product between its points of supply with blocks of product pending award.

A single block of product to the point that among those who have outstanding award product blocks will be awarded in each of these rounds of direct allocation.

The price of bundles of product that are awarded in each round will be determined according to the following formula: price for the award of the block m = km * Pmean where − Pmean: is the arithmetic mean of the prices for the award of the previous auctions of blocks of the product concerned.

− Km: coefficient which is calculated according to the following: be: − n: total number of blocks of product not awarded to cover the requirement for the call.

− m (1, 2, 3...): identifier for bundles of products not awarded to cover the requirement for the call.

• If n = 1, for each block m Km = 1.

• If no < 6, for each block m shall apply the following formula: Km = 1 - m - 1 × 0.2 n - 1 • If n ≥ 6, for m = 1,..., 6 will apply the following formula: Km = 1 - m - 1 × 0.2 5 • If n ≥ 6, for m > 6, Km = 0.8.

In this case, group business or if any natural or legal person with one or more delivery points must communicate, according to the format and the procedure for communication defined by the OS, the order for the award of the blocks of product, since m = 1 to m = n, between points of their group with product blocks pending award.

Where, as a consequence of the application of the direct procurement mechanism previously described, is exceeded in a given round of direct allocation the budget allocated in a confidential annex to the resolution of features of the SEE, proceed as follows: 1 in the aforementioned round shall not the allocation of any block.

2nd will be ended the auction being the last block allocated in the previous round.

The Auction Manager can turn away from auctions participants that will interfere with the correct development of the same.

4.5 blocks from product auctions.

4.5.1. development of the auction of a block of product information.

During the auction of a block of product development, the bidder will only receive information about the price of the auctioned product block round. Once removed the bidder, and not resulting product block awarded in the auction, you will not have more information about the auction of the block of product, being the following information received concerning the start of the next auction of a product block notice.

At the end of each auction a block of product, only the awarded bidder will know the price for the award of the block of product which has been awarded, in which case will be updated registration of product authorized and awarded blocks, not to provide such information to the rest of the bidders who participated in the auction.

4.5.2. the auction of a block of product development.

In the auction of a product block, the duration of the round is one second. From the starting price, the price of round will go down each round at the step of previously established price drop.

Both the starting price, and prices of round will be expressed in € (euros per megawatt) mounted.

Means that the bidder accepts the price of each round round, unless removed from the auction of a block of product. The Act of withdrawing from the auction of a product block shall be confirmed by activating the mechanism established for this purpose by the Manager (button/button).

4.5.3 procedure for closing of the auction of a product block.
The auction of a block of product shall be deemed completed and will proceed to the end of it when in a specific round, close to), all bidders except one have been removed, or when closing b), all bidders are removed.

(4.5.3.1 close to): a specific round is a single bidder without retiring.

All bidders except one had been removed, the product block auction will be completed. This last bidder not withdrawn, will be the successful tenderer of the block of product and award of the block of product price will be the price of round to the last bidder withdrew.

4.5.3.2 close b): all bidders have been removed in a specific round (tie).

If all bidders have withdrawn, the product block auction will be completed, producing a tie between bidders retired within the last round. In this case break will be conducting an auction.

4.5.4 auction breakpoint.

Shall be considered that there is a tie when all bidders in an auction in progress are removed simultaneously in the same round.

It will inform the n tied bidders in the moment in which begins the auction breakpoint.

The auction tiebreaker will consist of an auction of descending price, as described in section 3.2.

The auction starting price break will be the price of round of the round immediately prior to the round in which the tie occurred.

The descent of the auction price step tiebreaker will be lower than the step of lowering of price adopted for the overall process of auctions of blocks of product.

The rounds during the auction duration tie-break shall be equal to the duration of the overall process of product blocks auction rounds.

The auction breakpoint will conclude when the bidders except one n have been removed in a round. The successful tenderer of the block of product and price for the award of the block shall be those set forth in the section 4.5.3.1.

4.5.5 desert auction or auction jump-off in case back tie.

If the bidders n, back to tie in the auction breakpoints, this product block auction will be declared desert auction.

That block of product will return to be auctioned at the end of the day in which the auction has been deserted.

Where m bidders, being one number less than n, m tie breakpoint in the auction, there will be a new auction breakpoint, considering the same step of drop in price that jump-off already performed at the auction.

4.5.6 price of adjudication in the case of non-validation of the auction.

In the event that, in accordance with the provisions of paragraph 5, the CNMC not validase any auction of block product in particular, participants may opt for a direct allocation of blocks of product for those who had been awarded, whenever invalidation has not been derived from the performance of the contractor itself, the price for the following award : − to produce 90 MW, the adjudication price shall be the price average resulting from the set of auctions of blocks of 5 MW product has been validated by the CNMC more the 50% of the value obtained as the difference of the starting price of the product of 90 MW and 5 MW product output price established in the corresponding resolution of the Secretary of State for energy, which approved the auction features.

− To produce 5 MW, the price for the award will be the minimum price resulting from the set of auctions of blocks of 5 MW product has been validated by the CNMC.

In the case that, in accordance with the provisions of paragraph 5, the CNMC validase any auctions that had taken place, it will be as provided in the last paragraph of section 4.2.

5. validation of the auctions until twenty-four hours from the time of the closure of the last auction of each call, the National Commission of markets and competition must confirm that the auction process has been made objectively, competitive and non-discriminatory, not having appreciated the use of practices that may involve restrictions on competition or other faults in the development of the same confirming also the validation of the results.

6. information about the auction the OS process shall be sent to the SEE and the CNMC within a maximum period of one week from the conclusion of each auction, information relating to participants who have been proven to bidders of the same, the number of blocks of each product offered by each of them, finally awarded product blocks , and award costs resulting for each of them, as well as any other information that is required by the SEE or the CNMC.

The information will be sent in electronic format (spreadsheets) that enables the processing of the data.

7. publication of information until twenty-four hours from the time of the closure of the last auction for the period of delivery and once it is confirmed by the National Commission of markets and competition process has been carried out in a manner objective, non-discriminatory and competitive, the OS will publish the following information for each call of the auction process , which will have a public character: − number of participating bidders.

-Number of bidders awarded.

-Price average considering all auctions of blocks of product of each call for each of the products (90 MW and 5 MW), and average price considering all requests made.

-Total number of blocks of each product assigned whereas all auctions of blocks of product of each call, and number of blocks of the auction process product considering all requests made.

-Total blocks product number assigned in the total number of calls to bidders added by business groups or if awarded natural or legal persons with one or more points of supply unspecified holders, differentiating by product (90 MW and 5 MW).

Each bidder will know the blocks of product that have been assigned to him for the period of delivery, and this assignment will be binding.

8. mechanism of action in case of failure of the system during the conduct of the auction blocks product 8.1 emergency failure mechanism.

Where it is impossible for any of the bidders to withdraw from the auction of a product block due to a failure in the communication with the manager system, the bidder will have an additional mechanism through which you can inform the administrator that an error has occurred and your bid will not be considered valid.

8.2. procurement in case of failure.

In the event that a bidder operate the aforementioned your bid will not be considered valid, unless it had been awarded the product of the corresponding product block auction block.

8.3. resolution of problems after using the mechanism in case of failure.

Upon completion of the auction of a product block in which one or more bidders have used the mechanism of emergency Manager will proceed to see the occurred fault and to remedy the problem to allow bidders affected by failure to re-bid with normality in upcoming auctions.

Appendix A glossary of terms Auction Manager: Agency carry out and manage the process and the logistics of the auctions.

Block enabled product available: enabled product supply minimum unit to participate in the auction. The number available for each point of delivery enabled product blocks are collected and updated in the register of authorized and awarded product blocks.

Call: Each thread that is divided into the auction process, which will be auctioned a partial amount of power requirements interruptible to be auctioned.

Price drop step: reduction of price of the block of product between round and round of the auction of block product, established by a decision of the Secretary of State for energy, or by the operator of the system in the case of auctions jump-off.

Business group: definition according to article 42.1 of the commercial code.

Participant: Person physical or legal who has completed successfully the process of accession to the legal and contractual framework of the competitive mechanism of allocation of the management of the demand of interruptibility service.

Delivery period: period of time in which product blocks awarded may be executed by the system operator.

Contract price: price to receive the successful tenderer of a product determined as a result of an auction of product or block any of the procedures set out in these rules.

Round price: price of the product in each of the rounds that divides the auction block product, set automatically by the system used for the realization of auctions from the default price low step.

Starting price: price that will have every product in the first round of auctions of blocks of product.

Average of reference price: price obtained as the arithmetic mean of the prices for the award of first 50 auctions of blocks of 5 MW held product.
Allocated budget: amount in million euros allocated for the process of auction confidential annex to resolution of features approved by the Secretary of State for energy.

Auction process: process consisting of several calls, through which has been awarded the requirement for the delivery period.

Product: Block power interruptible for a delivery period. In accordance with the provisions of article 5 of the order EIT/2013/2013, 31 October, there are two different products depending on the reduction potential placed at the disposal of the system and the availability of the same (90 MW and 5 MW).

Since bid: physical location equipped with the necessary equipment (furniture, computer or electronic equipment) to enable participation in the auctions of blocks of products to the bidder.

Bidder: Guardian of the participant designated for each of the points of supply, which will participate in the auctions of blocks of product of a call.

Bidder successful bidder: bidder that is assigned the block of product by auction or by any of the procedures under the present rules, resulting in binding to the point of delivery that is associated to the management of demand of interruptibility service.

Register of authorized and awarded product blocks: electronic register which updated the enabled product blocks posting will be to participate in auctions and the product blocks allocated for each supply point.

Total maximum requirement: potential interruptible for the delivery period set out in a confidential annex to the resolution of the Secretary of State for energy in which approved auctions features.

Round: Each of the phases in which divides the auction of a block of product, characterized by a unique price which will decrease depending on the step of default price low.

Product block auction: auction of a single block of power product the product of 90 MW or 5 MW interruptible.

Jump-off auction: auction being held in the case that all bidders be removed from the auction.

Desert auction: auction of block product in which no bidder is awarded.

The auction supervisor: independent entity responsible for the verification of the way auctions objective, non-discriminatory and competitive.

Appendix B table of call auction within a maximum of 2 working days after the publication of the decision of the ESA in which approved auctions, the Auction Manager features will make public through the web page of auctions of interruptibility, included on the website service e-sios (www.esios.ree.es) the specifics of the call's auction to celebrate summarized in the following table: auctions call no. _ for the period of delivery 20__-20__ date _ / _ / _ place [venue name] [Street], [number] [ZIP code] [municipality], [province] product of 5 MW range * block product to be auctioned (No., MW) _ products, MW (€mounted) starting price _ step of lowering of price per round (US $/MW) auction start time * enjanta delivery period _ / _ / _ - _ / _ / _ 90 MW range product * block product to be auctioned (No. (, MW) _ product (s), MW (€mounted) starting price _ step of lowering of price per round (US $/MW) start time of auction (s) * enjanta delivery period _ / _ / _ - _ / _ / _ rules of auction resolution of __________ of __________, 20__, in the Secretariat of the State of energy number maximum of bidders supply-enabled * requirement concrete power interruptible to be auctioned will be published by on the website prior to the conclusion of the call.

The enclosure doors will open one hour before the start of the auction to proceed with the identification of persons who act as participants or assistants for each supply point.

Annex II model of adherence to the legal framework of the competitive mechanism of allocation of interruptibility Don/Doña demand management service, on behalf of the merchant... (hereinafter consumer), residing in... and C.I.F. number, duly constituted for an indefinite time by means of public deed granted the........., before the notary of..., D...., low the number... of the Protocol, and it is registered in the register of... to the Tome...... folio sheet...

Intervenes in his condition of [Administrator / acts under the conditions that were granted him in deed of power with date... with the notary of..., D., under the... order your protocol number], powers which expressly declares valid, in force and sufficient for the signing of this document, first expresses.

That in accordance with article 7.1 of the directive EIT/2013/2013, 31 October, the consumer has been enabled in your installation located in..., province of... with CUPS... by the system operator for possible participation in the auctions of the competitive mechanism of allocation of the management of the demand of interruptibility service, delivery points and concrete blocks of the product specified in the certificate of qualification , of date... of... of 20, issued by the system operator.

Second.

He knows that the aforementioned enabling allows you to adhere to the established legal framework to participate in auctions corresponding.

Third party.

He knows that formal adherence to the legal framework established for the auctions, will involve adherence to the conditions of service and the obligation to provide the same, should be awarded in the same.

Room.

Who knows that the legal framework of the competitive mechanism of allocation of the management of the demand of interruptibility service, includes all regulations of the electricity sector in force resulting from application, and, in particular: 1. the order EIT/2013/2013, 31 October, which regulates competitive mechanism of management of the demand of interruptibility service allocation.

2. the order EIT/346/2014, on 7 March, which modifies the order EIT/2013/2013, 31 October, which regulates competitive mechanism of management of the demand of interruptibility service allocation.

3. the EIT/1752 order/2014, of 26 September, which is set for the electric season calendar and are accordingly modified certain aspects relating to the demand of interruptibility 4 management service. Resolution of the Ministry of energy of 30 July 2015 by which approve the rules of the auction of the competitive mechanism of allocation of the management service of interruptibility demand and the model of adherence to the legal framework established for participation in the auctions.

5. resolution of the State Secretary of energy that regulates the procedure of operation 14.11 of liquidation and billing of the service's management of the demand of interruptibility.

6. resolution of the Ministry of energy that regulates the procedure of operation 15.2, management of the demand of interruptibility service.

7. resolution of the Directorate-General for energy and mines which approves the system procedure of communication, execution and control of the service of interruptibility regulated at the IET/2013 order demand management/2013, on 31 October.

8 resolutions of the Ministry of energy for the period of delivery, which is determined as follows: (i) the range of amounts to be awarded in the auctions and product type; (ii) the price of output; (iii) the rules to be applied in the auction; (iv) the date of completion of the auction and (v) the period of delivery of the power interruptible.

Fifth.

He knows that formal adherence to the legal framework established for auctions not attributed any right to interrupt, end, delay or repeat any auction.

Accordingly, consumer subscribes this document of acceptance and adherence to the legal framework of the competitive mechanism of allocation of demand of interruptibility, and first says management service.

Knows and accepts free, unconditionally and irrevocably the regulatory legal framework for competitive and benefits management of the demand of interruptibility service mechanism, as well as the terms and conditions set forth and undertakes to comply with them without reservations, restrictions or constraints.

Second.

Expressly undertakes: to) participate in the auctions is inviting offering bundles of product for which enabled at the points of their ownership.
(b) faithfully comply with all instructions which, in the auction process and the provision of the service of interruptibility, issued by the system operator, in accordance with the legal framework.

(c) accept and carry out the obligations arising from the results of the auctions once they are confirmed by the National Commission of markets and competition and made public by the system operator immediately.

Consumer: _ name and title of legal representative date: _ model of authorization to participate as bidders on behalf of the consumer in the Don/Doña auctions, on behalf of the commercial... (hereinafter consumer), residing in... and CIF number, duly constituted for an indefinite time by means of public deed granted the........., before the notary of..., D...., low... its protocol number, and it is registered in the register of... to the Tome... folio... sheet...

Intervenes in his condition of [Administrator / acts under the conditions that were granted him in deed of power with date... with the notary of..., D., under the... order your protocol number], powers which expressly declares valid, in force and sufficient for the signing of this document.

Authorizes the following persons to participate as a bidder in the auctions on behalf of the consumer who has been enabled in your installation located in..., province of... with CUPS...

Individuals who may participate as bidders in the auctions on behalf of the consumer are: name and surname passport is may appoint up to a maximum of five individuals bidders, without prejudice, in the auction process only may occupy the position of puja of the point in question the maximum number of bidders that are determined in the information published by the OS for each call.

REE is exempt from any liability that may arise from any effect resulting from a lack of sufficient powers possible to participate in the processes of individuals who have been designated as bidders auction.

Consumer: _ name and title of legal representative date: _