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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7736

The Royal Decree 134/2010, of 12 February, which establishes the procedure of resolution of restrictions by security of supply and amending Royal Decree 2019 / 1997, of 26th December, which organizes and regulates the electricity production market, regulates the aforementioned mechanism and defines stations which are obliged to participate in the same as selling units as well as the methodology of calculation of the price of remuneration of the energy and the way of setting the annual maximum production volumes that can be programmed in the process of resolution of restrictions by security of supply.

He point 1 of the annex II of the cited Real Decree 134 / 2010, of 12 of February, determines: «the Secretariat of State of energy may fix by resolution them different performances that must carry to out it Commission national of energy to determine the cost real of them parameters set in the paragraph 3.2.»

Before July 15 holders of power plants shall send to the National Commission of energy auditing of accounts with requirements already laid down in the preceding paragraph. «The Commission national of energy, in accordance with the audit and it methodology that is sets in the paragraph 3.2, shall be the calculation of them costs real corresponding to the volume of energy electric produced by the central, and it communicated to the operator of the system who will liquidate the excess or defect of retribution by this concept to each central».

In the resolution of February 8, 2011, of the Ministry of energy, laying down the amounts of carbon, the maximum volume of production and price of remuneration of energy, for the year 2011 to be applied in the process of resolution of restrictions by security of supply is established that the parameters contained in this decision shall be reviewed by the National Energy Commission who will determine the actual cost of those parameters set in its annex that require data from the audit of power plants.

Moreover, in the resolution of December 30, 2011, of the Ministry of energy, laying down the amounts of carbon, the maximum volume of production and price of remuneration of the energy for the year 2012 to apply in the process of resolution of constraints for security of supply, provided that the Secretary of State for energy will establish , among others, the calculation procedure of the final liquidation of the energy produced by such central under the purview of the Royal Decree 134/2010, February 12.

In the present resolution is da compliance to it planned in it normative cited, so is sets the procedure of calculation of them costs real for the realization of the liquidation final annual of the year 2011, corresponding to the application of the Real Decree 134 / 2010, of 12 of February, by which is sets the procedure of resolution of restrictions by warranty of supply and is modifies the Real Decree 2019 / 1997 , on December 26, which organizes and regulates the electricity production market.

This resolution has been subjected to processing of audience through delivery to stakeholders as holders of facilities subject to Royal Decree 134/2010, of 12 February, as well as to electrical network of Spain, S.A., as the system attendant, and the National Energy Commission. The above-mentioned Commission is currently the National Commission of markets and competition, the Act 3/2013, of June 4, creation of the National Commission of markets and competition. Is have received allegations of them companies holders of the installations and of the Commission national of them markets and the competition.

By virtue of resolve: first. Object.

The present resolution has by object establish the procedure of calculation of them costs real for the realization of the liquidation final annual of the year 2011, corresponding to the period of effective programming of them facilities in application of the Real Decree 134 / 2010, of 12 of February, by which is sets the procedure of resolution of restrictions by warranty of supply and is modifies the Real Decree 2019 / 1997 , on December 26, which organizes and regulates the electricity production market.

Second. Calculation of the real costs of the application in 2011 of the Royal Decree 134/2010, February 12.

1. the calculation of the real costs of the application in 2011 of the Real Decree 134/2010, of 12 February, which establishes the procedure of resolution of restrictions by security of supply and amending Royal Decree 2019 / 1997, of 26th December, which organizes and regulates the electricity production market , will be carried out by the Commission national of them markets and the competition in accordance with it planned in the cited real Decree and applying it willing in the annex I of the present resolution, as well as them values that is specified in the annex II of this resolution.

2. the Commission national of those markets and the competition will calculate them costs unit real in the year 2011 of each an of them central subject to the procedure of restrictions by warranty of supply. Once done this calculation, the Commission will carry out the procedure of hearing of the values obtained and subsequently proceed to the adoption of the definitive real unit costs.

For the calculation of these costs the aforementioned Commission shall refer to values provided for in the resolution of February 8, 2011, the Ministry of energy, laying down the amounts of carbon, the maximum volume of production and price of remuneration of the energy for the year 2011, proceeding to review.

3. Once approved the final actual costs by the National Commission of markets and competition, this shall communicate them to the system operator, who will take them into account for the definitive regularisation in accordance with provisions on the procedure of operation P.O. 14.5 «balances of settlements of the system operator for the purposes of Royal Decree 2017 / 1997» approved by resolution on October 27, 2010, the Secretary of State for energy.

4. in the following settlement of the year 2014 which takes place once made by the system operator the definitive liquidation provided for in paragraph 8 of the procedure of operation P.O. 14.5 «balances of settlements of the system operator for the purposes of Royal Decree 2017 / 1997», and in any case on the liquidation of year-end 2014 , the Commission national of them markets and the competition, as organ responsible of the liquidations, will proceed to incorporate them amounts that result.

5 the Commission shall send to the Secretary of State for energy: to) information about the final actual costs reported to the system operator and the settlement you make each facility with the detail of the different concepts.

(b) the amounts effective and actually paid by the holders of each of the facilities to the different producers of indigenous coal which supplied them in 2011.

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".

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

ANNEX I criteria for the calculation of the actual costs to the year 2011 in application of Royal Decree 134/2010 of 12 February 1. For each generator group i of those stations attached to the restrictions procedure by security of supply set out in annex II of the Royal Decree 134/2010, of 12 February, pay regulated (RRin) is calculated according to the following: RRi = CGi * EPRi – where: RRi: remuneration adjusted, expressed in euros, corresponding to group i in the year 2011.

EPRi is the fraction of net energy annual generated by group i, expressed in MWh, which will be the subject of compensation regulated in the liquidation final in 2011 under the aegis of the Royal Decree 134/2010, February 12, corresponding to production in the period since the beginning of the effective programming of the facilities in the procedure regulated in the real Decree until December 31, 2011 or , where applicable, the date in which the established annual maximum volume had reached. For these purposes, only can be taken into consideration the fraction of annual net energy that has actually been produced with the indigenous coal, whose acquisition had been imposed by resolution of February 8, 2011 or, where appropriate, with application of the stock in central in that resolution authorized.

This term shall be calculated taking into account as indicated in the previous paragraph whereas also the term corresponding to the energy actually produced by each group i under the protection of additional measures for the fulfilment of the objectives laid down for the year 2011, contained in the annex I of the aforementioned Royal Decree 134/2010, 12 February.

CGi is the unit cost of generation, expressed in €/ MWh, which is calculated according to the following: CGi = IFC + CVi (€ / MWh) being: CFi: unit fixed cost, expressed in €/ MWh.

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

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

2. the cost fixed unit CFi, expressed in €/ MWh, is calculated considering, for each group i, the relationship between the cost fixed annual and the production of energy electric in the year 2011, in accordance with it following: CFi = [CFAi * (N / 365)] / EPCi where: CFAi is the cost fixed annual of the group i in the year 2011, expressed in euros, that is calculated in accordance with the paragraph 3 of this annex.

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

EPCi is the net energy produced by group i in the period from the starting date of the effective programming of application of the restrictions process installations for security of supply in 2011 until 31 December 2011, or, where applicable, the date when the annual maximum volume had reached. In the computation of this production not be will have in has them periods schedules with production negative corresponding to stops.

3. the fixed cost annual CFAi, expressed in euros, shall be calculated as the sum of fixed operation and maintenance annual CFOMAi cost and an annualised investment cost CITi: CFAi = CFOMAi + CITi – where: CFOMAi: fixed cost of operation and annual maintenance, expressed in euro, to be obtained as: CFOMAi = CFOMi * Pi (€) being: Pi: each group i, expressed in MW net power calculated from the power contained in the registration in the corresponding administrative register of production facilities.

CFOMi: Fixed cost of operation and maintenance unit, expressed in €/ MW. This cost will take the value laid down in annex II to the present resolution.

CITi: Investment cost annualized, expressed in euros, to be obtained as: CITi = Ai + Ri - ICC – being: Ai: Ain annual amortization term, expressed in euro, to be determined taking into account the information of audits of participating stations in the process of resolution of restrictions by security of supply, as established in the Royal Decree 134/2010 , of 12 of February, and its policy of development.

ICC: term of payments by capability effectively liquidated by the operator of the system corresponding to the year 2011.

RI: End of financial remuneration, expressed in euros. This term for each group i shall be obtained by applying the following formula: Ri = VNIi * Tr; where: Tr: financial rate of compensation to apply in 2011, expressed as one, and calculated as provided in the Real Decree 134/2010, of February 12.

VNIin: Net investment value, expressed in euro, of the group i pending amortisation at 31 December of the year 2010. This value will be the resulting information from audits of participating stations in the process of resolution of restrictions by security of supply, as established in the Royal Decree 134/2010, February 12.

4. the variable cost unitary CVi, expressed in €/ MWh, shall be calculated according to the following expression: CVi = ICC + Cfk + CVOMi + CO2i + PEAJEi (€ / MWh) where: ITC: unit variable cost associated with the fuel consumption, expressed in €/ MWh, calculated in accordance with this annex.

CFK: Unit variable cost associated with waste of fuel, expressed in €/ MWh, that will be the statement by the Ministry of energy to the National Commission of markets and competition, in accordance with paragraph 5.4 of the resolution of December 30, 2011, of the Secretary of State for energy, is laying the quantities of carbon the maximum volume of production and price of remuneration of energy, for the year 2012 to apply in the process of resolution of constraints for security of supply.

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

CO2i: Unit variable cost associated with CO2 emissions, expressed in €/ MWh, determined considering the provisions of this annex.

PEAJEi: cost variable unit corresponding to the toll of the activity of generation, expressed in €/ MWh.

5. the unit variable cost associated with fuel consumption ITC, expressed in €/ MWh, is 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: cost variable unit associated to the consumption of coal autochthonous (fuel main).

FIMPi * ConsEspi * (P_IMPk + PRLk) / PCS_IMPk: unit variable cost associated with the consumption of imported coal.

FCOQi * ConsEspi * (P_COQk + PRLk) / PCS_COQk: unit cost associated with Coke (the main fuel in the case of the central integrated or substitute coal gasification of imports into the rest of Central).

FGNi * ConsEspi * P_GNk: cost variable unit associated to the gas natural used in the central of gasification integrated.

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

The calculation of previous terms used for the calculation of the ITC will take into account the following:-PRCAk is the purchase price of the indigenous coal for each central k, expressed in €/ tonne. Will be the statement by the Ministry of energy to the National Commission of markets and competition, in accordance with the provisions of paragraph 5.4de resolution of December 30, 2011, of the Ministry of energy, laying down the amounts of coal, the maximum volume of production and price of remuneration of the energy , for the year 2012 to apply in the process of resolution of constraints for security of supply.

-The superior calorific power of the indigenous coal (PCSk) and auxiliary fuel (PCS_AUXk), expressed in you PCS/t, shall be calculated as weighted average by tons of the superior calorific value of annual purchases.

He term PCSkn will be the connected by the Secretariat of State of energy to the Commission national of them markets and the competition, in accordance with it planned in the paragraph 5.4de it resolution of 30 of December of 2011, of the Secretariat of State of energy, by which is set them amounts of coal, the volume maximum of production and them prices of retribution of it energy , for the year 2012 to apply in the process of resolution of constraints for security of supply.

He power calorific top of the coal of import (PCS_IMPk) and of the coke replacement (PCS_COQk), expressed in you PCS / t, is calculated as average weighted by tons of the power calorific top of them consumption.

In the particular case of integrated gasification plant, the sum corresponding to the Coke will include the PCS_COQk component calculated as weighted average by tons of the superior calorific value of annual purchases.

-P_IMPk, expressed in €/ tonne, is the price of a ton of imported coal obtained in accordance with the following: P_IMPk = PREC_API2 /C$ / €n * PCI_IMPi / PCI_IMP_REF (€/ t) being: PREC_API2 is the price API #2 posted by Coal Daily of Energy Argus International provided for in the resolution of February 8, 2011, the Secretary of State for energy expressed in $/ tonne.

C$ / €n is change $/ € established in this resolution.

PCI_IMPi / PCI_IMP_REF: coefficient of quality in which PCI_IMPi is the average weighted tons of the lower calorific value of the annual consumption of imported coal, and PCI_IMP_REF is the lower calorific value corresponding to the reference API 2 (6,000 you PCI/t), expressed both in you PCI/ton.

-P_COQk, expressed in €/ tonne, is the price of a ton of Coke replacement of imported coal 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 Daily Coal of Energy Argus International, planned in the resolution of February 8th, 2011 the Secretary of State for energy, expressed in $/ tonne.

C$ / €n is change $/ € established in this resolution.

PCS_COQi / PCS_COQ_REF: coefficient of quality in which PCS_COQi is the weighted average for tons of power heating top of annual consumption of Coke, and PCS_COQ_REF the upper calorific value of reference.

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

-P_GNk is the price average weighted of them shopping annual (€/ MWh_PCS) of gas natural destined to the generation electric in the central of gasification integrated.

-P_AUXk is the price average weighted of them purchasing annual (€/ t) of fuel auxiliary.

-It price logistical unit of the central k PRLk, expressed in €/ ton, is determines of the following form: PRLk = TF + [TV * PRECGDEF / PRECGPROV] * DISTk (€/ t) where: TF (€/ t) is the term fixed logistics.

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

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

PRECGDEF (c€ /litro) is the final price of the value of automotive gas oil average during the period of application of the restrictions by security of supply mechanism. Review will take place as foreseen in the resolution of February 8, 2011, of the Ministry of energy, laying down the amounts of carbon, the maximum volume of production and price of remuneration of energy, for the year 2011 to be applied in the process of resolution of restrictions by security of supply.

PRECGPROV (c€ /litro) is the provisional price, established in the corresponding resolution of the Secretary of State energy for 2011, the average value of heating oil from automotive during the period of application of the restrictions by security of supply mechanism.

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

-Both by one carbon indigenous FCAi in terms of energy (therms), fixed annually by resolution of the Secretary of State of energy, will be calculated according to the following ratio: FCAi = (CONS_CAi * PCSi) / [CONS_CAi * Ihcas + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GNi + CONS_AUXi * PCS_AUXi] (both by one).

-It both by one of fuel's import FIMPin in terms of energy (therms), is calculated based on the following ratio: FIMPi = [CONS_IMPi * PCs ' i] / [CONS_CAi * PCSi + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GNi + CONS_AUXi * PCS_AUXi] (both by one).

-Both by one fuel of Coke FCOQi in terms of energy (therms), is calculated according to the following ratio: FCOQi = CONS_COQi * PCS_COQ'i / [CONS_CAi * PCSi + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GNi + CONS_AUXi * PCS_AUXi] (both by one) - both by one natural gas FGNi energy (therms) , is calculated based on the following ratio: FGNi = (CONS_GNi * PCS_GNi) / [CONS_CAi * PCSi + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GNi + CONS_AUXi *] (both by one).

-Both by one auxiliary fuel FAUXi in terms of energy (therms), is calculated according to the following ratio: FAUXi = (CONS_AUXi * PCS_AUXi) / [CONS_CAi * Ihcas + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GNi + CONS_AUXi * PCS_AUXi] (both by one).

-The specific consumption ConsEspi, expressed in you PCS / MWh, an advantage as a ratio of the therms in PCS of entry between the energy produced to the fulfillment of the annual maximum volume EPCi.

ConsEspi = [CONS_CAi * PCS i + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GN + CONS_AUXi * PCS_AUXi] / EPCi (you PCS / MWh) where: CONS_CAi (t) is the consumption of coal autochthonous of the group i from the date of home of application of the process of restrictions by guarantee of supply in 2011 to the 31 of December of 2011 or , where applicable, the date when the annual maximum volume had reached.

CONS_IMPi (t) is the consumption of coal of import of the group i from the date of home of application of the process of restrictions by guarantee of supply in 2011 until the 31 of December of 2011 or, in your case, the date in that is had reached the volume maximum annual.

CONS_COQi (t) is substitute the group i imported coal coke consumption from the date of application of the restrictions by security of supply process in 2011 until 31 December 2011, or, where applicable, the date when the annual maximum volume had reached.

CONS_AUXi (t or kl) is the consumption of auxiliary fuel of group i from the date of application of the restrictions by security of supply process in 2011 until 31 December 2011, or, where applicable, the date when the annual maximum volume had reached. Shall be determined taking into account the amounts that may be justified in accordance with the regime of operation of the central and historical consumption in comparable situations.

CONS_GNi (m3) is the consumption of gas natural of the group i from the date of home of application of the process of restrictions by guarantee of supply in 2011 until the 31 of December of 2011 or, in your case, the date in that is had reached the volume maximum annual.

The higher heat capacities of indigenous coal (PCSi), the imported coal (PCs ' i), coke (PCS_COQ'i), natural gas (PCS_GNi) and (PCS_AUXi) auxiliary fuel, expressed in you PCS/t, or you PCS/kl, shall be calculated as weighted average by tons or, where appropriate, Kiloliters, of upper calorific consumption from the date of application of the restrictions by security of supply process in 2011 to 31 December of 2011 oo, in his case, the date on that is had reached the volume maximum annual. In the event that the extent of direct entry into PCS_AUXi boiler is not available, measurement of the tank which is the stock shall be considered.

6. the unit variable cost of operation and maintenance CVOMi will take the values set out in annex II of the Royal Decree 134/2010, February 12.

7. the cost associated with the group i of the central k, CO2ik, CO2 emissions shall be calculated in accordance with article 4 of the order ITC/3366/2010, of 29 December, which establishes the methodology of calculation of the unit cost of CO2 emission rights allocated to electrical generation plants forced to engage in the process of resolution of restrictions by security of supply for the purposes of the liquidation provisional and final of these central when are included in the plan of operation weekly.

In said article is sets that it Commission national of them markets and it competition shall be the calculation of them costs real unit of emission of them rights of CO2 assigned free of charge for each group i of it central k, CO2ik, depending on the energy finally produced in the provision of the service, applying it methodology established in the article 3 of the order cited in the paragraph previous with the values of the parameters set out in paragraph 1 of article 4 of the same order.

Purposes of such order in the year 2011:-the value that will take the term APGik for the final liquidation in 2011 will match the value of EPRi energy which is subject to a regulated pay final under the aegis of the Royal Decree 134/2010, of 12 February, in accordance with the definition of that term in this annex.

-In the review of the term FEik, emission factor of the generator group the central k i, expressed in t of CO2 per MWh generated, the total actual emissions for each year of each station subject to the resolution of constraints mechanism for security of supply will be indicated in the reports of emissions verified by an accredited entity for verification of greenhouse gases and approved by the competent body of the autonomous community corresponding. In the event that such information by group are not available, shall be determined emissions that correspond to each group prorating the emissions of the relevant year published by the RENADE for each station, according to the total annual net production of group i measured in central bars, discounting the hours in which the Group has been in stop.

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

(9. without prejudice of the calculation of costs real that must perform according to them criteria described in the present resolution, the Commission national of them markets and the competition, will check them following aspects: to) that them consumption specific real of them groups are chords with them established point 3 of the annex II of the resolution of 8 of February of 2011 , of the Secretariat of State for energy.

(b) that the actual percentages of mix of indigenous coal are equal or superior to those set out in the aforementioned resolution.

When the resulting values for the parameters specific consumption is higher than those laid down in the aforementioned resolution of the Secretary of State for energy, or the values corresponding to the actual percentages of mix of indigenous coal are lower than expected, justification for this fact to the proprietor of the installation will be requested by the National Committee on markets and competition who should provide such a justification.

ANNEX II value of certain parameters for the calculation of the actual costs to the year 2011 in application of Royal Decree 134/2010 of 12 February, taking into account the methodology established in Royal Decree 134/2010, of 12 February, as well as the content of the resolution of 8 February 2011 from the Secretary of State for energy and the provisions of the present resolution (, the following values for the purposes of the realization of the final settlement are set for 2011: to) CFOMi, unit cost of operation and maintenance fixed:-for each station will be €33.759 mounted by generating set.

-For Elcogas integrated gasification plant will be 143.220 €/ MW.

Where the term CFOMi is available desulphurisation plant 5.115 €/ MW will be considered.

(b) PCS_COQ_REF, power heating top of reference: 7.950 (you PCS / t).

He point 1 of the annex II of the cited Real Decree 134 / 2010, of 12 of February, determines: «the Secretariat of State of energy may fix by resolution them different performances that must carry to out it Commission national of energy to determine the cost real of them parameters set in the paragraph 3.2.»

Before July 15 holders of power plants shall send to the National Commission of energy auditing of accounts with requirements already laid down in the preceding paragraph. «The Commission national of energy, in accordance with the audit and it methodology that is sets in the paragraph 3.2, shall be the calculation of them costs real corresponding to the volume of energy electric produced by the central, and it communicated to the operator of the system who will liquidate the excess or defect of retribution by this concept to each central».

In the resolution of February 8, 2011, of the Ministry of energy, laying down the amounts of carbon, the maximum volume of production and price of remuneration of energy, for the year 2011 to be applied in the process of resolution of restrictions by security of supply is established that the parameters contained in this decision shall be reviewed by the National Energy Commission who will determine the actual cost of those parameters set in its annex that require data from the audit of power plants.

Moreover, in the resolution of December 30, 2011, of the Ministry of energy, laying down the amounts of carbon, the maximum volume of production and price of remuneration of the energy for the year 2012 to apply in the process of resolution of constraints for security of supply, provided that the Secretary of State for energy will establish , among others, the calculation procedure of the final liquidation of the energy produced by such central under the purview of the Royal Decree 134/2010, February 12.

In the present resolution is da compliance to it planned in it normative cited, so is sets the procedure of calculation of them costs real for the realization of the liquidation final annual of the year 2011, corresponding to the application of the Real Decree 134 / 2010, of 12 of February, by which is sets the procedure of resolution of restrictions by warranty of supply and is modifies the Real Decree 2019 / 1997 , on December 26, which organizes and regulates the electricity production market.

This resolution has been subjected to processing of audience through delivery to stakeholders as holders of facilities subject to Royal Decree 134/2010, of 12 February, as well as to electrical network of Spain, S.A., as the system attendant, and the National Energy Commission. The above-mentioned Commission is currently the National Commission of markets and competition, the Act 3/2013, of June 4, creation of the National Commission of markets and competition. Is have received allegations of them companies holders of the installations and of the Commission national of them markets and the competition.

By virtue of resolve: first. Object.

The present resolution has by object establish the procedure of calculation of them costs real for the realization of the liquidation final annual of the year 2011, corresponding to the period of effective programming of them facilities in application of the Real Decree 134 / 2010, of 12 of February, by which is sets the procedure of resolution of restrictions by warranty of supply and is modifies the Real Decree 2019 / 1997 , on December 26, which organizes and regulates the electricity production market.

Second. Calculation of the real costs of the application in 2011 of the Royal Decree 134/2010, February 12.

1. the calculation of the real costs of the application in 2011 of the Real Decree 134/2010, of 12 February, which establishes the procedure of resolution of restrictions by security of supply and amending Royal Decree 2019 / 1997, of 26th December, which organizes and regulates the electricity production market , will be carried out by the Commission national of them markets and the competition in accordance with it planned in the cited real Decree and applying it willing in the annex I of the present resolution, as well as them values that is specified in the annex II of this resolution.

2. the Commission national of those markets and the competition will calculate them costs unit real in the year 2011 of each an of them central subject to the procedure of restrictions by warranty of supply. Once done this calculation, the Commission will carry out the procedure of hearing of the values obtained and subsequently proceed to the adoption of the definitive real unit costs.

For the calculation of these costs the aforementioned Commission shall refer to values provided for in the resolution of February 8, 2011, the Ministry of energy, laying down the amounts of carbon, the maximum volume of production and price of remuneration of the energy for the year 2011, proceeding to review.

3. Once approved the final actual costs by the National Commission of markets and competition, this shall communicate them to the system operator, who will take them into account for the definitive regularisation in accordance with provisions on the procedure of operation P.O. 14.5 «balances of settlements of the system operator for the purposes of Royal Decree 2017 / 1997» approved by resolution on October 27, 2010, the Secretary of State for energy.

4. in the following settlement of the year 2014 which takes place once made by the system operator the definitive liquidation provided for in paragraph 8 of the procedure of operation P.O. 14.5 «balances of settlements of the system operator for the purposes of Royal Decree 2017 / 1997», and in any case on the liquidation of year-end 2014 , the Commission national of them markets and the competition, as organ responsible of the liquidations, will proceed to incorporate them amounts that result.

5 the Commission shall send to the Secretary of State for energy: to) information about the final actual costs reported to the system operator and the settlement you make each facility with the detail of the different concepts.

(b) the amounts effective and actually paid by the holders of each of the facilities to the different producers of indigenous coal which supplied them in 2011.

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".

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

ANNEX I criteria for the calculation of the actual costs to the year 2011 in application of Royal Decree 134/2010 of 12 February 1. For each generator group i of those stations attached to the restrictions procedure by security of supply set out in annex II of the Royal Decree 134/2010, of 12 February, pay regulated (RRin) is calculated according to the following: RRi = CGi * EPRi – where: RRi: remuneration adjusted, expressed in euros, corresponding to group i in the year 2011.

EPRi is the fraction of net energy annual generated by group i, expressed in MWh, which will be the subject of compensation regulated in the liquidation final in 2011 under the aegis of the Royal Decree 134/2010, February 12, corresponding to production in the period since the beginning of the effective programming of the facilities in the procedure regulated in the real Decree until December 31, 2011 or , where applicable, the date in which the established annual maximum volume had reached. For these purposes, only can be taken into consideration the fraction of annual net energy that has actually been produced with the indigenous coal, whose acquisition had been imposed by resolution of February 8, 2011 or, where appropriate, with application of the stock in central in that resolution authorized.

This term shall be calculated taking into account as indicated in the previous paragraph whereas also the term corresponding to the energy actually produced by each group i under the protection of additional measures for the fulfilment of the objectives laid down for the year 2011, contained in the annex I of the aforementioned Royal Decree 134/2010, 12 February.

CGi is the unit cost of generation, expressed in €/ MWh, which is calculated according to the following: CGi = IFC + CVi (€ / MWh) being: CFi: unit fixed cost, expressed in €/ MWh.

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

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

2. the cost fixed unit CFi, expressed in €/ MWh, is calculated considering, for each group i, the relationship between the cost fixed annual and the production of energy electric in the year 2011, in accordance with it following: CFi = [CFAi * (N / 365)] / EPCi where: CFAi is the cost fixed annual of the group i in the year 2011, expressed in euros, that is calculated in accordance with the paragraph 3 of this annex.

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

EPCi is the net energy produced by group i in the period from the starting date of the effective programming of application of the restrictions process installations for security of supply in 2011 until 31 December 2011, or, where applicable, the date when the annual maximum volume had reached. In the computation of this production not be will have in has them periods schedules with production negative corresponding to stops.

3. the fixed cost annual CFAi, expressed in euros, shall be calculated as the sum of fixed operation and maintenance annual CFOMAi cost and an annualised investment cost CITi: CFAi = CFOMAi + CITi – where: CFOMAi: fixed cost of operation and annual maintenance, expressed in euro, to be obtained as: CFOMAi = CFOMi * Pi (€) being: Pi: each group i, expressed in MW net power calculated from the power contained in the registration in the corresponding administrative register of production facilities.

CFOMi: Fixed cost of operation and maintenance unit, expressed in €/ MW. This cost will take the value laid down in annex II to the present resolution.

CITi: Investment cost annualized, expressed in euros, to be obtained as: CITi = Ai + Ri - ICC – being: Ai: Ain annual amortization term, expressed in euro, to be determined taking into account the information of audits of participating stations in the process of resolution of restrictions by security of supply, as established in the Royal Decree 134/2010 , of 12 of February, and its policy of development.

ICC: term of payments by capability effectively liquidated by the operator of the system corresponding to the year 2011.

RI: End of financial remuneration, expressed in euros. This term for each group i shall be obtained by applying the following formula: Ri = VNIi * Tr; where: Tr: financial rate of compensation to apply in 2011, expressed as one, and calculated as provided in the Real Decree 134/2010, of February 12.

VNIin: Net investment value, expressed in euro, of the group i pending amortisation at 31 December of the year 2010. This value will be the resulting information from audits of participating stations in the process of resolution of restrictions by security of supply, as established in the Royal Decree 134/2010, February 12.

4. the variable cost unitary CVi, expressed in €/ MWh, shall be calculated according to the following expression: CVi = ICC + Cfk + CVOMi + CO2i + PEAJEi (€ / MWh) where: ITC: unit variable cost associated with the fuel consumption, expressed in €/ MWh, calculated in accordance with this annex.

CFK: Unit variable cost associated with waste of fuel, expressed in €/ MWh, that will be the statement by the Ministry of energy to the National Commission of markets and competition, in accordance with paragraph 5.4 of the resolution of December 30, 2011, of the Secretary of State for energy, is laying the quantities of carbon the maximum volume of production and price of remuneration of energy, for the year 2012 to apply in the process of resolution of constraints for security of supply.

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

CO2i: Unit variable cost associated with CO2 emissions, expressed in €/ MWh, determined considering the provisions of this annex.

PEAJEi: cost variable unit corresponding to the toll of the activity of generation, expressed in €/ MWh.

5. the unit variable cost associated with fuel consumption ITC, expressed in €/ MWh, is 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: cost variable unit associated to the consumption of coal autochthonous (fuel main).

FIMPi * ConsEspi * (P_IMPk + PRLk) / PCS_IMPk: unit variable cost associated with the consumption of imported coal.

FCOQi * ConsEspi * (P_COQk + PRLk) / PCS_COQk: unit cost associated with Coke (the main fuel in the case of the central integrated or substitute coal gasification of imports into the rest of Central).

FGNi * ConsEspi * P_GNk: cost variable unit associated to the gas natural used in the central of gasification integrated.

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

The calculation of previous terms used for the calculation of the ITC will take into account the following:-PRCAk is the purchase price of the indigenous coal for each central k, expressed in €/ tonne. Will be the statement by the Ministry of energy to the National Commission of markets and competition, in accordance with the provisions of paragraph 5.4de resolution of December 30, 2011, of the Ministry of energy, laying down the amounts of coal, the maximum volume of production and price of remuneration of the energy , for the year 2012 to apply in the process of resolution of constraints for security of supply.

-The superior calorific power of the indigenous coal (PCSk) and auxiliary fuel (PCS_AUXk), expressed in you PCS/t, shall be calculated as weighted average by tons of the superior calorific value of annual purchases.

He term PCSkn will be the connected by the Secretariat of State of energy to the Commission national of them markets and the competition, in accordance with it planned in the paragraph 5.4de it resolution of 30 of December of 2011, of the Secretariat of State of energy, by which is set them amounts of coal, the volume maximum of production and them prices of retribution of it energy , for the year 2012 to apply in the process of resolution of constraints for security of supply.

He power calorific top of the coal of import (PCS_IMPk) and of the coke replacement (PCS_COQk), expressed in you PCS / t, is calculated as average weighted by tons of the power calorific top of them consumption.

In the particular case of integrated gasification plant, the sum corresponding to the Coke will include the PCS_COQk component calculated as weighted average by tons of the superior calorific value of annual purchases.

-P_IMPk, expressed in €/ tonne, is the price of a ton of imported coal obtained in accordance with the following: P_IMPk = PREC_API2 /C$ / €n * PCI_IMPi / PCI_IMP_REF (€/ t) being: PREC_API2 is the price API #2 posted by Coal Daily of Energy Argus International provided for in the resolution of February 8, 2011, the Secretary of State for energy expressed in $/ tonne.

C$ / €n is change $/ € established in this resolution.

PCI_IMPi / PCI_IMP_REF: coefficient of quality in which PCI_IMPi is the average weighted tons of the lower calorific value of the annual consumption of imported coal, and PCI_IMP_REF is the lower calorific value corresponding to the reference API 2 (6,000 you PCI/t), expressed both in you PCI/ton.

-P_COQk, expressed in €/ tonne, is the price of a ton of Coke replacement of imported coal 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 Daily Coal of Energy Argus International, planned in the resolution of February 8th, 2011 the Secretary of State for energy, expressed in $/ tonne.

C$ / €n is change $/ € established in this resolution.

PCS_COQi / PCS_COQ_REF: coefficient of quality in which PCS_COQi is the weighted average for tons of power heating top of annual consumption of Coke, and PCS_COQ_REF the upper calorific value of reference.

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

-P_GNk is the price average weighted of them shopping annual (€/ MWh_PCS) of gas natural destined to the generation electric in the central of gasification integrated.

-P_AUXk is the price average weighted of them purchasing annual (€/ t) of fuel auxiliary.

-It price logistical unit of the central k PRLk, expressed in €/ ton, is determines of the following form: PRLk = TF + [TV * PRECGDEF / PRECGPROV] * DISTk (€/ t) where: TF (€/ t) is the term fixed logistics.

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

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

PRECGDEF (c€ /litro) is the final price of the value of automotive gas oil average during the period of application of the restrictions by security of supply mechanism. Review will take place as foreseen in the resolution of February 8, 2011, of the Ministry of energy, laying down the amounts of carbon, the maximum volume of production and price of remuneration of energy, for the year 2011 to be applied in the process of resolution of restrictions by security of supply.

PRECGPROV (c€ /litro) is the provisional price, established in the corresponding resolution of the Secretary of State energy for 2011, the average value of heating oil from automotive during the period of application of the restrictions by security of supply mechanism.

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

-Both by one carbon indigenous FCAi in terms of energy (therms), fixed annually by resolution of the Secretary of State of energy, will be calculated according to the following ratio: FCAi = (CONS_CAi * PCSi) / [CONS_CAi * Ihcas + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GNi + CONS_AUXi * PCS_AUXi] (both by one).

-It both by one of fuel's import FIMPin in terms of energy (therms), is calculated based on the following ratio: FIMPi = [CONS_IMPi * PCs ' i] / [CONS_CAi * PCSi + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GNi + CONS_AUXi * PCS_AUXi] (both by one).

-Both by one fuel of Coke FCOQi in terms of energy (therms), is calculated according to the following ratio: FCOQi = CONS_COQi * PCS_COQ'i / [CONS_CAi * PCSi + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GNi + CONS_AUXi * PCS_AUXi] (both by one) - both by one natural gas FGNi energy (therms) , is calculated based on the following ratio: FGNi = (CONS_GNi * PCS_GNi) / [CONS_CAi * PCSi + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GNi + CONS_AUXi *] (both by one).

-Both by one auxiliary fuel FAUXi in terms of energy (therms), is calculated according to the following ratio: FAUXi = (CONS_AUXi * PCS_AUXi) / [CONS_CAi * Ihcas + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GNi + CONS_AUXi * PCS_AUXi] (both by one).

-The specific consumption ConsEspi, expressed in you PCS / MWh, an advantage as a ratio of the therms in PCS of entry between the energy produced to the fulfillment of the annual maximum volume EPCi.

ConsEspi = [CONS_CAi * PCS i + CONS_IMPi * PCs ' i + CONS_COQi * PCS_COQ'i + CONS_GNi * PCS_GN + CONS_AUXi * PCS_AUXi] / EPCi (you PCS / MWh) where: CONS_CAi (t) is the consumption of coal autochthonous of the group i from the date of home of application of the process of restrictions by guarantee of supply in 2011 to the 31 of December of 2011 or , where applicable, the date when the annual maximum volume had reached.

CONS_IMPi (t) is the consumption of coal of import of the group i from the date of home of application of the process of restrictions by guarantee of supply in 2011 until the 31 of December of 2011 or, in your case, the date in that is had reached the volume maximum annual.

CONS_COQi (t) is substitute the group i imported coal coke consumption from the date of application of the restrictions by security of supply process in 2011 until 31 December 2011, or, where applicable, the date when the annual maximum volume had reached.

CONS_AUXi (t or kl) is the consumption of auxiliary fuel of group i from the date of application of the restrictions by security of supply process in 2011 until 31 December 2011, or, where applicable, the date when the annual maximum volume had reached. Shall be determined taking into account the amounts that may be justified in accordance with the regime of operation of the central and historical consumption in comparable situations.

CONS_GNi (m3) is the consumption of gas natural of the group i from the date of home of application of the process of restrictions by guarantee of supply in 2011 until the 31 of December of 2011 or, in your case, the date in that is had reached the volume maximum annual.

The higher heat capacities of indigenous coal (PCSi), the imported coal (PCs ' i), coke (PCS_COQ'i), natural gas (PCS_GNi) and (PCS_AUXi) auxiliary fuel, expressed in you PCS/t, or you PCS/kl, shall be calculated as weighted average by tons or, where appropriate, Kiloliters, of upper calorific consumption from the date of application of the restrictions by security of supply process in 2011 to 31 December of 2011 oo, in his case, the date on that is had reached the volume maximum annual. In the event that the extent of direct entry into PCS_AUXi boiler is not available, measurement of the tank which is the stock shall be considered.

6. the unit variable cost of operation and maintenance CVOMi will take the values set out in annex II of the Royal Decree 134/2010, February 12.

7. the cost associated with the group i of the central k, CO2ik, CO2 emissions shall be calculated in accordance with article 4 of the order ITC/3366/2010, of 29 December, which establishes the methodology of calculation of the unit cost of CO2 emission rights allocated to electrical generation plants forced to engage in the process of resolution of restrictions by security of supply for the purposes of the liquidation provisional and final of these central when are included in the plan of operation weekly.

In said article is sets that it Commission national of them markets and it competition shall be the calculation of them costs real unit of emission of them rights of CO2 assigned free of charge for each group i of it central k, CO2ik, depending on the energy finally produced in the provision of the service, applying it methodology established in the article 3 of the order cited in the paragraph previous with the values of the parameters set out in paragraph 1 of article 4 of the same order.

Purposes of such order in the year 2011:-the value that will take the term APGik for the final liquidation in 2011 will match the value of EPRi energy which is subject to a regulated pay final under the aegis of the Royal Decree 134/2010, of 12 February, in accordance with the definition of that term in this annex.

-In the review of the term FEik, emission factor of the generator group the central k i, expressed in t of CO2 per MWh generated, the total actual emissions for each year of each station subject to the resolution of constraints mechanism for security of supply will be indicated in the reports of emissions verified by an accredited entity for verification of greenhouse gases and approved by the competent body of the autonomous community corresponding. In the event that such information by group are not available, shall be determined emissions that correspond to each group prorating the emissions of the relevant year published by the RENADE for each station, according to the total annual net production of group i measured in central bars, discounting the hours in which the Group has been in stop.

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

(9. without prejudice of the calculation of costs real that must perform according to them criteria described in the present resolution, the Commission national of them markets and the competition, will check them following aspects: to) that them consumption specific real of them groups are chords with them established point 3 of the annex II of the resolution of 8 of February of 2011 , of the Secretariat of State for energy.

(b) that the actual percentages of mix of indigenous coal are equal or superior to those set out in the aforementioned resolution.

When the resulting values for the parameters specific consumption is higher than those laid down in the aforementioned resolution of the Secretary of State for energy, or the values corresponding to the actual percentages of mix of indigenous coal are lower than expected, justification for this fact to the proprietor of the installation will be requested by the National Committee on markets and competition who should provide such a justification.

ANNEX II value of certain parameters for the calculation of the actual costs to the year 2011 in application of Royal Decree 134/2010 of 12 February, taking into account the methodology established in Royal Decree 134/2010, of 12 February, as well as the content of the resolution of 8 February 2011 from the Secretary of State for energy and the provisions of the present resolution (, the following values for the purposes of the realization of the final settlement are set for 2011: to) CFOMi, unit cost of operation and maintenance fixed:-for each station will be €33.759 mounted by generating set.

-For Elcogas integrated gasification plant will be 143.220 €/ MW.

Where the term CFOMi is available desulphurisation plant 5.115 €/ MW will be considered.

(b) PCS_COQ_REF, power heating top of reference: 7.950 (you PCS / t).