Royal Decree 134/2010 of 12 February establishing the procedure for the resolution of restrictions for supply guarantees and amending Royal Decree 2019/1997 of 26 December 1997 on the organisation and regulation of the the market for the production of electrical energy, regulates the aforementioned mechanism and defines the plants that are obliged to participate in it as selling units, as well as the methodology for calculating the price of the energy and the way to set the maximum annual production volumes which can be programmed in the process of resolution of restrictions by security of supply.

Point 1 of Annex II to Royal Decree 134/2010 of 12 February 2010 determines:

" The Secretary of State for Energy may set by resolution the various actions to be carried out by the National Energy Commission to determine the actual cost of the parameters set out in paragraph 3.2.

Before July 15, the head of the central bank must send the National Energy Commission the audit of the accounts with the requirements of the previous paragraph. The National Energy Commission, in accordance with the audit and the methodology set out in paragraph 3.2, shall carry out the calculation of the actual costs corresponding to the volume of electrical energy produced by the plant, and shall communicate it to the Commission. system operator who will liquidate the excess or default of remuneration for this concept to each plant. "

In the resolution of 8 February 2011, of the Secretary of State for Energy, laying down the quantities of coal, the maximum volume of production and the price of energy, for the year 2011 to be applied in the The process of resolution of restrictions by guarantee of supply is established that the parameters contained in that resolution will be reviewed by the National Energy Commission, who will determine the real cost of those parameters set in its Annex that requires the data of the audit of the power plants.

For its part, in the Resolution of 30 December 2011, of the Secretariat of State of Energy, fixing the quantities of coal, the maximum volume of production and the price of energy for the year 2012 (a) to apply in the process of the resolution of restrictions for security of supply, it is envisaged that the Secretariat of State of Energy shall establish, inter alia, the procedure for the calculation of the definitive liquidation of the energy produced by such central under the Royal Decree 134/2010 of 12 February 2010.

This resolution complies with the provisions of the aforementioned regulation, in such a way as to establish the procedure for calculating the actual costs for the completion of the final annual liquidation of the year 2011, on the application of Royal Decree 134/2010 of 12 February 2010 laying down the procedure for the resolution of restrictions on security of supply and amending Royal Decree 2019/1997 of 26 December 1997 laying down the conditions for the application of organizes and regulates the electricity production market.

This resolution has been submitted to the hearing through its submission to the interested parties as holders of the facilities submitted to Royal Decree 134/2010, of 12 February, as well as to Red Electrica de España, S.A., as system operator, and the National Energy Commission. The Commission is currently the National Commission for Markets and Competition, under Law No 3/2013 of 4 June, on the establishment of the National Markets and Competition Commission. Allegations have been received from the companies holding the premises and from the National Markets and Competition Commission.

In your resolute virtue:

First. Object.

The purpose of this resolution is to establish the procedure for calculating the actual costs for the completion of the final annual liquidation of the year 2011, corresponding to the period of effective programming of the (a) facilities pursuant to Royal Decree 134/2010 of 12 February 2010 laying down the procedure for the resolution of restrictions on security of supply and amending Royal Decree 2019/1997 of 26 December 1997 on the organisation of the and regulates the electricity production market.

Second. Calculation of the actual costs for the implementation in 2011 of Royal Decree 134/2010 of 12 February 2010.

1. The calculation of the actual costs corresponding to the application in 2011 of Royal Decree 134/2010 of 12 February, establishing the procedure for the resolution of restrictions for the guarantee of supply and amending the Royal Decree 2019/1997, of December 26, for which the market of electricity production is organized and regulated, will be realized by the National Commission of the Markets and the Competition in accordance with the provisions of the aforementioned royal decree and applying the provided for in Annex I to this resolution, as well as the values specified in Annex II to this Resolution resolution.

2. The National Markets and Competition Commission shall calculate the actual unit costs in the year 2011 for each of the plants subject to the supply guarantee restrictions procedure. After this calculation has been carried out, the Commission shall carry out the processing of the securities obtained and shall subsequently approve the definitive actual unit costs.

For the calculation of these costs, the Commission shall take as a reference the values set out in the Resolution of 8 February 2011, of the Secretariat of State of Energy, laying down the quantities of coal, the volume of the maximum production and the price of the energy for the year 2011, proceeding to its review.

3. Once the actual costs of the National Commission of the Markets and the Competition have been approved, the latter will communicate them to the system operator, who will take them into account in order to complete the final regularization in accordance with the provisions of the Procedure of Operation P.O. 14.5 "Balance of the liquidations of the system operator for the purposes of Royal Decree 2017/1997", adopted by Resolution of 27 October 2010, of the Secretary of State for Energy.

4. In the following liquidation of the financial year 2014, which is effected after the system operator has completed the final settlement provided for in paragraph 8 of the Operation Procedure P.O. 14.5 ' Balance of the liquidations of the operator of the system for the purposes of Royal Decree 2017/1997 ", and in any case in the closing liquidation of the financial year 2014, the National Commission of the Markets and the Competition, as an organ in charge of the liquidations, will proceed to incorporate the amounts that result.

5. The Commission shall send the Secretary of State for Energy:

(a) Information about the definitive actual costs reported to the system operator and on the settlement that you make to each installation in the detail of the different concepts.

(b) The effective amounts actually paid by the owners of each of the facilities to the different indigenous coal producers who have supplied them in 2011.

Third. Publication.

This resolution will be published in the "Official State Gazette".

Fourth. Effects.

This resolution shall have effect from the day following that of its publication in the "Official State Gazette".

Madrid, July 3, 2015. -Secretary of State for Energy, Alberto Nadal Belda.

ANNEX I

Criteria for calculating the actual costs for 2011 under Royal Decree 134/2010 of 12 February

1. For each generator group i of those power plants attached to the procedure for the resolution of supply security restrictions as set out in Annex II to Royal Decree 134/2010 of 12 February 2010, the regulated remuneration (RRin) calculate according to the following:

Rri = CGi * EPRi (€)

Where:

Rri: regulated remuneration, expressed in euro, for group i in the year 2011.

EPRi is the fraction of the annual net energy generated by the group i, expressed in MWh, which will be subject to regulated remuneration in the final liquidation of 2011 under Royal Decree 134/2010 of 12 February 2010, corresponding to the production in the period elapsed since the start of the effective programming of the installations in application of the procedure laid down in that royal decree until 31 December 2011 or, where appropriate, the date on which the the maximum annual volume set has been reached. For these purposes, only the fraction of the annual net energy that has actually been produced with indigenous coal consumption, the acquisition of which was imposed by the Resolution of 8 February 2011 or, in its own right, may be taken into account. case, with application of the stock in central in said Resolution authorized.

This term shall be calculated taking into account the above in the preceding paragraph, considering the term corresponding to the energy actually produced by each group i under the additional measures for achieve compliance with the targets set for 2011 contained in Annex I to the Royal Decree 134/2010 of 12 February 2010.

Cgi is the unit cost of generation, expressed in €/MWh, which will be calculated according to the following:

CGi = CFi + CVi (€/MWh)

Being:

CFi: Unit fixed cost, expressed in €/MWh.

CVi: Unit variable cost, expressed in €/MWh.

The terms CFi and CVi will be calculated as set out in the following sections of this annex.

2. The fixed unit cost CFi, expressed in €/MWh, shall be calculated by considering, for each group i, the ratio between the annual fixed cost and the production of electricity in 2011, according to the following:

CFi = [CFAF * (N/365)]/EPCI

Where:

CFAF is the annual fixed cost of group i in the year 2011, expressed in euro, to be calculated in accordance with paragraph 3 of this Annex.

N: the number of days corresponding to the application period in 2011, which will be computed from the start date of the application of the supply guarantee restriction process provided for in Royal Decree 134/2010, of 12 February until 31 December 2011.

EPCI is the net energy produced by group i in the period from the start date of the effective programming of the facilities in application of the supply guarantee restrictions process in 2011 up to 31%. December 2011 or, where applicable, the date on which the annual maximum volume would have been reached. In the calculation of this production, the time periods with negative production corresponding to stops will not be taken into account.

3. The annual fixed cost CFAF, expressed in euro, shall be calculated as the sum of the fixed cost of operation and annual maintenance CFAomi and an annualized investment cost CITi:

CFAF = CFAMAI + CITi (€)

Where:

CFAFI: Fixed cost of operation and annual maintenance, expressed in euros, which will be obtained as:

CFOMAI = CFOMi * Pi (€)

Being:

Pi: Net power of each group i, expressed in MW, calculated from the power shown in the registration in the corresponding administrative register of production facilities.

CFOMi: Fixed cost of operation and unit maintenance, expressed in €/MW. This cost shall take the value provided for in Annex II to this resolution.

CITi: Annualized investment cost, expressed in euros, to be obtained as:

CITi = Ai + Ri-Cpi (€)

Being:

Ai: Annual Ain amortisation term, expressed in euro, to be determined taking into account the information of the audits of the central participants in the process of resolution of supply security restrictions, as set out in Royal Decree 134/2010 of 12 February 2010 and its implementing rules.

CPI: Term of capacity payments effectively cleared by the system operator for the year 2011.

Ri: Term of financial remuneration, expressed in euro. This term for each group i will be obtained by applying the following formula:

Ri = VNIi * Tr (€)

Where:

tr: financial rate of remuneration to be applied in 2011, expressed as one, and calculated as provided for in Royal Decree 134/2010 of 12 February.

VNIin: Net value of the investment, expressed in euro, of the group i to be amortised at 31 December 2010. This book value shall be the result of the information from the audits of the central banks participating in the process of the resolution of supply security restrictions, as set out in Royal Decree 134/2010 of 12 February.

4. The unit variable cost CVi, expressed in €/MWh, shall be calculated according to the following expression:

CVi = CCi + Cfk + CVOMi + CO2i + PEAJEi (€/MWh)

Where:

CCi: Unit variable cost associated with fuel consumption, expressed in €/MWh, calculated in accordance with this Annex.

Cfk: Unit variable cost associated with fuel mermas, expressed in €/MWh, which will be the release by the Secretary of State of Energy to the National Commission of the Markets and the Competition, as provided for in the Paragraph 5.4 of the Resolution of 30 December 2011 of the Secretary of State for Energy, laying down the quantities of coal, the maximum volume of production and the price of energy, for the year 2012 to be applied in the process of resolution of supply warranty restrictions.

CVOMi: Unit variable cost of operation and maintenance, expressed in €/MWh, obtained according to this Annex.

CO2i: Unit variable cost associated with CO_{2 emissions}, expressed in €/MWh, determined considering the provisions of this Annex.

PEAJEi: Unit variable cost for the generation activity toll, expressed in €/MWh.

5. The unit variable cost associated with the fuel consumption CCi, expressed in €/MWh, shall be calculated for each group i of the central k according to the following formula:

CCi = FCAI * ConsEspi * PRCak/PCSk +

+ FIMPi * ConsEspi * (P_IMPK + PRLk) /PCS_IMPK +

+ FCOQi * ConsEspi * (P_COQk + PRLk)/PCS_COQk +

+ FGNi * ConsEspi * P_GNk +

+ FAUXi * ConsEspi * P_AUXk/PCS_AUXk (€/MWh)

Where the following terms are defined:

FCAI * ConsEspi * PRCak/PCSk: Unit variable cost associated with autochthonous coal consumption (main fuel).

FIMPi * ConsEspi * (P_IMPK + PRLk) /PCS_IMPK: Unit variable cost associated with the consumption of the import coal.

FCOQi * ConsEspi * (P_COQk + PRLk)/PCS_COQk: Unit cost associated with coke (main fuel in the case of the integrated gasification plant or replacement of the import coal in the other power stations).

FGNi * ConsEspi * P_GNk: Unit variable cost associated with the natural gas used in the integrated gasification plant.

FAUXi * ConsEspi * P_AUXk/PCS_AUXk: Unit variable cost associated with the consumption of auxiliary fuels.

In the calculation of the above terms used for the calculation of CCi the following shall be taken into account:

-PRCak is the purchase price for autochthonous coal for each central k, expressed in €/tonne. It will be the statement by the Secretary of State of Energy to the National Commission of the Markets and the Competition, in accordance with the provisions of paragraph 5.4of the Resolution of 30 December 2011, of the Secretariat of State of Energy, the quantities of coal, the maximum volume of production and the price of the energy, for the year 2012 to be applied in the process of the resolution of restrictions for security of supply are fixed.

-The upper calorific value of autochthonous coal (PCSK) and auxiliary fuels (PCS_AUXk), expressed in PCS/t, shall be calculated as a weighted average per tonne of the higher calorific value of the annual purchases.

The term PCSkn will be the statement by the Secretary of State of Energy to the National Commission of the Markets and the Competition, in accordance with the provisions of paragraph 5.4of the Resolution of 30 December 2011, of the Secretariat of State for Energy, fixing the quantities of coal, the maximum volume of production and the price of energy, for the year 2012 to be applied in the process of resolution of restrictions by guarantee of supply.

The higher calorific value of the import coal (PCS_IMPK) and the replacement coke (PCS_COQk), expressed in PCS/t, shall be calculated as a weighted average per tonne of the higher calorific value of the consumption.

In the case of the integrated gasification plant, the sum corresponding to the coke shall include the PCS_COQk component calculated as a weighted average per tonne of the higher calorific value of the annual purchases.

-P_IMPK, expressed in €/tonne, is the price of the tonne of import coal obtained according to the following:

P_IMPK = PREC_API2 /C$/ €n * PCI_IMPI/PCI_IMP_REF (€/t)

Being:

PREC_API2 is the API price#2 published by the Coal Daily of Energy Argus International provided for in the Resolution of 8 February 2011, of the Secretary of State for Energy, expressed in $/tonne.

C$/ €n is the $/ € change set forth in that resolution.

PCI_IMPI/PCI_IMP_REF: Quality Coefficient in which PCI_IMPI is the weighted average per tonne of the lower calorific power of the annual import coal consumption, and PCI_IMP_REF is the lower calorific power corresponding to the API reference 2 (6,000 tea PC/t), both expressed in PCI-tonne.

-P_COQk, expressed in €/tonne, is the price of the tonne of import coal substitute coke obtained according to the following expression:

P_COQk = PREC_API2 /C$/ € * PCS_COQi/PCS_COQ_REF (€/t)

Being:

PREC_API2: Reference API 2 published by the Coal Daily of Energy Argus International, as provided for in the Resolution of 8 February 2011, of the Secretary of State for Energy, expressed in $/tonne.

C$/ €n is the $/ € change set forth in that resolution.

PCS_COQi/PCS_COQ_REF: Quality Coefficient in which PCS_COQi is the weighted average per ton of the higher calorific power of the annual coking consumption, and PCS_COQ_REF the reference top calorific power.

In the particular case of the integrated gasification plant, PCOQk will correspond to the weighted average price of the annual purchases of coke put in central.

-P_GNk is the weighted average price of the annual purchases (€/MWh_PCS) of natural gas intended for electrical generation in the integrated gasification plant.

-P_AUXk is the weighted average price of annual purchases (€/t) of auxiliary fuels.

-The unit logistics price of the central k PRLk, expressed in €/tonne, is determined as follows:

PRLk = TF + [TV * PRECGDEF/PRECGPROV] *DISK (€/t)

Where:

TF (€/t) is the logistical fixed term.

TV (€/t km) is the coefficient of the term logistic variable.

DISK is the distance in kilometers between port and central k.

PRECGDEF (c€/litre) is the definitive price of the average value of automotive diesel during the period of application of the mechanism of supply guarantee restrictions. Its review will be carried out in accordance with the provisions of the Resolution of 8 February 2011 of the Secretary of State for Energy, laying down the quantities of coal, the maximum volume of production and the price of energy, for the year 2011 to be applied in the process of resolution of restrictions by security of supply.

PRECGPROV (c€/litre) is the provisional price, set out in the corresponding Resolution of the Secretary of State of Energy for 2011, of the average value of automotive gas oil during the period of application of the restrictions by security of supply.

In the particular case of the integrated gasification plant, PRLk will take a null value.

-In terms of energy (termine), set annually by a Resolution of the Secretary of State of Energy, it will be recalculated according to the following quotient:

FCAI = (CONS_CAI * PCSi)/[CONS_CAI *PCSi + CONS_IMPI * PCS_IMP 'i + CONS_COQi * PCS_COQ' i + CONS_GNi *PCS_GNi + CONS_AUXi * PCS_AUXi] (both for one).

-For one of the import fuel FIMPin in terms of energy (termine), it will be calculated according to the following ratio:

FIMPi = [CONS_IMPI * PCS_IMP 'i]/[CONS_CAI *PCSi + CONS_IMPI * PCS_IMP' i + CONS_COQi * PCS_COQ ' i + CONS_GNi *PCS_GNi + CONS_AUXi * PCS_AUXi] (both for one).

-In terms of energy (termine), it will be calculated according to the following ratio:

FCOQi = CONS_COQi * PCS_COQ 'i/[CONS_CAI *PCSi + CONS_IMPI * PCS_IMP' i + CONS_COQi * PCS_COQ ' i + CONS_GNi *PCS_GNi + CONS_AUXi * PCS_AUXi] (both for one)

-For one of natural gas FGNi in terms of energy (termine), it will be calculated according to the following ratio:

FGNi = (CONS_GNi * PCS_GNi)/[CONS_CAI *PCSi + CONS_IMPI * PCS_IMP 'i + CONS_COQi * PCS_COQ' i + CONS_GNi *PCS_GNi + CONS_AUXi * PCS_AUX] (both for one).

-For one of the auxiliary fuel FAUXi in terms of energy (termine), it will be calculated according to the following quotient:

FAUXi = (CONS_AUXi * PCS_AUXi)/[CONS_CAI *PCSi + CONS_IMPI * PCS_IMP 'i + CONS_COQi * PCS_COQ' i + CONS_GNi *PCS_GNi + CONS_AUXi * PCS_AUXi] (both for one).

-Specific consumption ConsEspi, expressed in PCS/MWh, will be valued as the ratio of the thermal input in PCS between the energy produced to the compliance of the maximum annual volume EPCI.

ConsEspi = [CONS_CAI *PCS i + CONS_IMPI * PCS_IMP 'i + CONS_COQi * PCS_COQ' i + CONS_GNi * PCS_GN + CONS_AUXi * PCS_AUXi]/EPCI (PCS/MWh)

Where:

CONS_CAI (t) is the indigenous coal consumption of group i from the start date of the application of the supply guarantee restrictions process in 2011 until 31 December 2011 or, where applicable, the date on which it is has reached the maximum annual volume.

CONS_IMPI (t) is the consumption of group i import coal from the date of the start of the process of supply security restrictions in 2011 until 31 December 2011 or, where applicable, the date on which it is has reached the maximum annual volume.

CONS_COQi (t) is the consumption of the group i import coal substitute coke from the start date of the application of the supply guarantee restrictions process in 2011 until 31 December 2011 or, if applicable, the date on which the maximum annual volume would have been reached.

CONS_AUXi (t or kl) is the auxiliary fuel consumption of group i from the start date of the application of the supply guarantee restrictions process in 2011 to 31 December 2011 or, where applicable, the date on which the maximum annual volume would have been reached. It shall be determined taking into account the quantities which are justified in accordance with the system of operation of the plant and the historical consumption in comparable situations.

CONS_GNi (m³) is the natural gas consumption of group i from the start date of the application of the supply guarantee restrictions process in 2011 until 31 December 2011 or, where applicable, the date on which it is has reached the maximum annual volume.

The higher calorific powers of autochthonous coal (PCSi), import coal (PCS_IMP 'i), coke (PCS_COQ' i), natural gas (PCS_GNI) and auxiliary fuels (PCS_AUXi), expressed in PCS/t, or PCS/kl, shall be calculated as a weighted average per tonne or, where applicable, kilolitres, of the higher calorific value of consumption from the date of the start of the process of supply security restrictions in 2011 until 31 December 2011 or, where appropriate, the date on which the annual maximum volume would have been reached. In the event that the PCS_AUXi boiler direct entry measure is not available, the measurement of the tank constituting the stock shall be considered.

6. The unit variable cost of operation and maintenance CVOMi shall take the values set out in Annex II to Royal Decree 134/2010 of 12 February.

7. The cost associated with the CO2 emissions of group i of the central k, CO2ik, shall be calculated in accordance with Article 4 of Order ITC/3366/2010 of 29 December 2010 laying down the methodology for calculating the unit cost of the duties of the emission of CO₂ allocated to power generation plants required to participate in the process of resolution of supply security restrictions for the purpose of the provisional and final settlement of those power plants when they are included in the weekly operating plan.

In this article it is established that the National Commission of the Markets and the Competition will carry out the calculation of the actual unit costs of emission of the rights of CO₂ allocated free for each group i of the central k, CO2ik, depending on the energy finally produced in the provision of the service, applying the methodology set out in Article 3 of the order referred to in the preceding paragraph, with the parameter values set out in paragraph 1 of the Article 4 of the same order.

For the purposes of applying that order in 2011:

-The value that the term APGik will take for the final settlement in 2011 will correspond to the EPRi energy value which is the subject of definitive regulated remuneration under Royal Decree 134/2010 of 12 February 2010, in accordance with the definition of that term set out in this Annex.

-In the revision of the term FEik, emission factor of the generator group i of the central k, expressed in t of CO₂ per MWh generated, the total actual emissions for each year of each central subject to the resolution mechanism The supply guarantee restrictions shall be those indicated in the emission reports verified by an accredited entity for the verification of greenhouse gases and approved by the competent authority of the Autonomous Community. corresponding. In the case of the absence of such information broken down by groups, the emissions corresponding to each group shall be determined in proportion to the corresponding emissions of the year published by the RENADE for each plant, according to the production Net annual total of the group i measured in central bars, discounting the hours in which the group has been standing.

8. The unit cost of variable corresponding to the generation toll, PEAJEi, will be provided for in the first transitional provision of Royal Decree-Law 14/2010 of 23 December 2010 establishing urgent measures for the correction of the deficit the electricity sector tariff and its development regulations.

9. Without prejudice to the calculation of actual costs to be carried out in accordance with the criteria described in this resolution, the National Markets and Competition Commission shall verify the following:

(a) That the actual specific consumption of the groups is consistent with those set out in point 3 of Annex II to the Resolution of 8 February 2011 by the Secretary of State for Energy.

b) That the actual mixing percentages of autochthonous coal are equal to or greater than those set forth in that resolution.

When the resulting values for the specific consumption parameters are higher than those set out in the said Resolution of the Secretary of State of Energy, or the values corresponding to the actual mixing percentages (a) the local coal industry will be lower than expected in the same, the National Commission of the markets will be required to do so, and the Competition is justified by the fact that the company is the owner of the plant, who will have to provide such justification.

ANNEX II

Value of certain parameters for the calculation of the actual costs for 2011 under Royal Decree 134/2010 of 12 February

Taking into account the methodology set out in Royal Decree 134/2010 of 12 February, as well as the content of the Resolution of 8 February 2011 by the Secretary of State for Energy and the provisions of the present resolution, the following values are set for the purpose of the completion of the final settlement for the year 2011:

a) CFOMi, Unit Cost of Operation and Fixed Maintenance:

-For each plant it will be 33,759 €/MW per generator group.

-For the integrated gasification plant of Elcogas it will be 143,220 €/MW.

In case of deulphurisation plant the term CFOMi shall be considered to be 5,115 €/MW.

b) PCS_COQ_REF, reference higher calorific power: 7,950 (PCS/t).