Law 17/2007 of 4 July amended Law 54/1997 of 27 November of the Electrical Sector to bring it into line with the provisions of Directive 2003 /54/EC of 26 June 2003 of the European Parliament and of the Council on rules common to the internal market in electricity and repealing Directive 96 /92/EC.

Article 17.1 of the Law 54/1997, of 27 November, of the Electricity Sector, states that the Minister of Industry, Tourism and Trade, after the Agreement of the Government Delegation for Economic Affairs, will dictate the provisions necessary for the establishment of the network access tolls, which shall be established on the basis of the costs of the regulated activities of the system concerned, including the permanent costs and costs of the system. diversification and security of supply.

Royal Decree 1202/2010 of 24 September 2010 laying down the time limits for the revision of tolls for access to electricity transmission and distribution networks, in Article 2.1 of the Treaty, provides that each year, the Minister of Industry, Tourism and Trade will proceed, prior to the necessary procedures and reports and those deemed appropriate, to the revision of the tolls of access to the networks of transport and distribution of electrical energy.

On the other hand, the second transitional provision of Law 17/2007, of 4 July, determines that the Minister of Industry, Tourism and Trade will establish the mechanism for the transfer of customers from the system to the tariff system of the last resource that corresponds to them.

Thus, in Article 7 of Royal Decree 485/2009 of 3 April, which regulates the implementation of the supply of last resort in the electricity sector, the methodology for calculating and revising the tariffs is fixed. of last resort, having regard to the fact that the Minister of Industry, Tourism and Commerce will dictate the necessary provisions for the establishment of these rates of last resort, determining their structure in a way consistent with the tolls of access. For these purposes, the Minister of Industry, Tourism and Trade may review the structure of low voltage access tolls to adapt them to the rates of last resort and to ensure the additivity of the same.

In addition, it should be noted that the additional twenty-first provision of Law 54/1997 of 27 November of the Electrical Sector states that from 1 January 2013, access tolls will be sufficient for to satisfy all the costs of the regulated activities without the possibility of showing a deficit ex ante, setting a timetable to that date with the upper limit each year of the revenue deficit in the liquidations of the regulated activities of the electricity sector, and provides for the cession of the rights of recovery of the deficit to the Fund Electrical System Deficit.

Likewise, Royal Decree-Law 6/2010 of 9 April 2010 on measures for the promotion of economic recovery and employment, in Article 22 thereof, establishes the transitional mechanism for financing the deficit to the securitisation.

On the other hand, the additional provision of Royal Decree-Law 6/2009 of 30 April, whereby certain measures are adopted in the energy sector and the social bond is approved, establishes the extraction of island and extra-island regime.

In the final analysis, the provisions of Article 2 of the Royal Decree 1202/2010 of 24 September 2010, taking into account the provisions of Order ITC/1659/2009 of 22 June 2010, are developed by this order, establishes the mechanism for the transfer of customers from the market at tariff to the supply of the last electricity resource and the procedure for calculating and structure the tariffs for the last resort of electricity, in which access tolls are to comply with the provisions of the additional twenty-first provision of Law 54/1997, of 27 November, from the Electrical Sector.

Royal Decree 2819/1998 of 23 December 1998 regulating the activities of transport and distribution of electricity and Royal Decree 325/2008 of 29 February establishing the remuneration of the activity of the European Union for the transport of electrical energy for installations put into service as from 1 January 2008, define the elements which make up the transport networks and develop the remuneration system applicable to them by establishing the methodology for the calculation and review of the remuneration of the electric energy transport activity.

Royal Decree 222/2008 of 15 February establishing the remuneration scheme for the electrical energy distribution activity determines how the remuneration of this activity is calculated and revised.

The distribution costs set out in Article 2 of this order have been obtained once the report of the National Energy Commission has been found " Proposal for final remuneration for 2011 and for interim remuneration For the year 2012, the electricity distribution activity of the distribution companies subject to liquidation prior to 1 January 2009, approved by the Council of the National Energy Commission, at its meeting of 21 December 2011 and the " Report 39/2011 of the NEC on the Proposal for a Order establishing the Tolls on 1 January 2012 and the tariffs and premiums on the premises of the special scheme ', approved by the Council of the National Energy Commission, at its meeting of 28 December 2011.

The article corresponding to the remuneration of OMI-Polo Espanol, S.A. is amended. (OMIE) to bring it into line with the judgment of 22 November 2011 of the Supreme Court (Room III, Section 3) in the case 92/2010. In that judgment, it considers the Supreme Court that the legislature, in Law 54/1997 of the electricity sector, Article 16.9, has claimed that the cost of financing OMIE is borne by all the agents of the production market operating in the electricity sector. the market and not only the electric power generators. For this reason, the remuneration of OMIE will be assumed equally by the set of generators and by the set of marketers, direct consumers on the market and system load managers operating on the market.

The final provision of Royal Decree 1623/2011 of 14 November 2011 governing the effects of the entry into operation of the link between the peninsular electricity system and the Balearic Islands, and amending other provisions of the electricity sector, states that from 1 January 2012 the costs of the island and extra-island electricity systems are eliminated as costs which are calculated as specific quotas and therefore remain as costs liquidable within the system's permanent costs.

For all this, the costs are revised by this order and the tolls for access to the electricity transmission and distribution networks that the companies apply from 1 January 2012 are adjusted.

On the other hand, according to the provisions of Article 44.1 and the second transitional provision of Royal Decree 661/2007 of 25 May 2007, which regulates the activity of energy production under special conditions, it is necessary to to the quarterly update for the first quarter of 2012, of the tariffs and premiums for sub-group installations a.1.1 and a.1.2 (co-generations using natural gas, diesel, fuel-oil or LPG), group c.2 (waste facilities) and of the received to the second transitional provision of the said royal decree (installations of cogeneration for the treatment and reduction of waste).

The quarterly variations of the benchmark indices used for the update have been, a decrease of 17.0 basis points for the CPI, an increase of 3.742 percent for the price of natural gas and a decrease of 2.035 percent for the price of diesel, LPG and fuel oil.

Similarly, the annual updates of the remaining facilities in category (a) and (c) and of category (b) installations are to be carried out in accordance with Article 44.1, as well as of the facilities. under the sixth additional provision (installed capacity of more than 50 MW and not more than 100 MW) and the transitional provision (installations using cogeneration for the drying of the by-products of production) of olive oil) of the said Royal Decree 661/2007, of 25 May.

Annual changes in the benchmark indices used have been an increase in the CPI of 301.4 basis points and an increase in the price of coal of 5.56 percent.

Similarly, in accordance with the provisions of Article 12 of Royal Decree 1578/2008 of 26 September 2008 on the remuneration of the production of electrical energy by solar photovoltaic technology for (a) facilities after the deadline for the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for that technology, the annual rate update for the PV installations entered in the Record of pre-allocation of remuneration in the calls for the years 2009 and 2010.

On 23 December 2011, the Advocate of the State of the Supreme Court has been notified of the precautionary measures requested by various companies in the appeal of Order ITC/2585/2011 of 29 September 2011, on the revision of the access tolls, the prices of the supervalley access tolls are established and certain fees and premiums are updated for the facilities of the special scheme, as from 1 October 2011.

This order takes precautionary measures on Articles 1.2 and 5 of Order ITC/2585/2011 of 29 September 2011, so that, from the moment of notification, the effectiveness of the reduction of the 'terms of reference' is suspended. (a) the active energy bill applicable to tolls 2.0A and 2.0DHA, in respect of the above fixed and suspended for the performance of the amounts already cleared by the National Energy Commission at the date of entry into force of the This provision is based on the annuity of the revenue mismatch foreseen for 2011.

Consequently, the amount of the annuity of the 2011 deficit included since January in Order ITC/3353/2010, of December 28, which would have been charged and returned as a result of the application of Order ITC/2585/2011, of 29 September, under appeal, which amounts according to the said Auto to 111 million euros, has to be taken into account in the present order and will be liquidated in the liquidations of the regulated activities of the year 2011.

According to the provisions of the 11th additional provision of Law 34/1998, of 7 October, of the Hydrocarbons Sector, this order has been the subject of a report by the National Energy Commission in the "39/2011 Report of the National Electoral Council". on the Proposal for a Order laying down the tolls for access from 1 January 2012 and the tariffs and premiums for special scheme installations, approved by the Council of the National Energy Commission, at its sitting of 28 December 2011. That report takes into account the arguments put forward in the proceedings of an evacuated hearing to the representatives of the Electricity Advisory Board.

By Agreement of 30 December 2011 the Council of Ministers has endorsed the adoption of the Agreement reserved for the Government of the Government of the Government for Economic Affairs by Article 17.1 Law 54/1997 of 27 November 1997. Electrical Sector, adopting its results Agreement authorising the Minister of Industry, Energy and Tourism to dictate this order.

Under the agreement of the Council of Ministers, I have:

Article 1. Forecast transport costs for 2012.

In accordance with the provisions of Royal Decree 325/2008 of 29 February establishing the remuneration of the activity of transport of electrical energy for installations put into service as from 1 January 2008 and Royal Decree 2819/1998 of 23 December 1998 on the transport and distribution of electrical energy are set out as a forecast of the remuneration of the transport activity for 2012, which is included in the table is inserted below:

Pay	(Thousands of Euros)
Grid Spain, S.A.	1.527.087
Union Fenosa Distribution, S.A.	40,914
Peninsular total	1.568.001
Red Electrica de España, S.A. (extrapeninsular)	154,433
Extraceninsular Total	154,433
Total	1.72434

Article 2. Review of distribution costs for 2010 and 2011, and forecast distribution and commercial management costs for 2012.

1. The definitive costs for the distribution companies with more than 100,000 customers and FEVASA and SOLANAR, deducted from other revenues derived from the rights of the affected, hooks, verification and rental of equipment, are reviewed for 2010. measure, including the incentive or penalty for quality of service, which are set out in the following amounts:

ON Distribution, S.L. (*)

or business group	(Thousands of Euros)
Iberdrola Electrical Distribution, S.A.U.	1.593.124
Union Fenosa Distribution, S.A.	750.077
Distribution, S.A.	151,454
144,641
Endesa (peninsular) (**)	1.734,739
308.528
FEVASA (***)	1,052	1,052
SOLANAR (***)	333
Total	4.683,948

(*) As a result of the integration of the distribution companies Electra del Nansa, S.L., and Electra Camijanes, S.L., in E. ON Distribution, S.L., the remuneration of such companies for the year 2010 is added to the remuneration corresponding to E. ON Distribution, S.L.

(**) The amount corresponding to the incentive or penalty of quality of Endesa extrapeninsular is included in that of Endesa Peninsular.

(***) According to Article 8.4 of Royal Decree 222/2008 of 15 February, the companies FEVASA and SOLANAR do not apply the incentives of quality and losses.

2. The provisional costs for 2011 for the distribution companies with more than 100,000 customers and FEVASA and SOLANAR, deducted the other revenues derived from the rights of connection, hooks, verification and rental of measure, including the incentive or penalty for the reduction of losses and not including the incentive or penalty for quality of service are set out in the following amounts:

or business group	(Thousands of Euros)
Iberdrola Electrical Distribution, S.A.U.	1.662.857
Union Fenosa Distribution, S.A. (*)	781.191
Distribution, S.A.	157.052
E. ON Distribution, S.L.	151.584
Endesa (peninsular)	1.798.087
Endesa (extrapeninsular)	317.798
FEVASA (**)	1,088
SOLANAR (**)	336
Total	4.869,993

(*) As a result of the integration of the distributor company Nuestra Señora de la Soledad de Tendilla and Lupiana, S.A. in Union Fenosa Distribution, S.A., the remuneration recognized that company that according to the Order ITC/3353/2010, of December 28, to 146 thousand euros is added to the remuneration corresponding to Union Fenosa Distribution, S.A.

(**) According to Article 8.4 of Royal Decree 222/2008 of 15 February, the companies FEVASA and SOLANAR do not apply the incentives of quality and losses.

These costs will be reviewed once the necessary information is available for the calculation of the incentive or penalty to improve the quality of service.

3. The provisional costs for 2012 for the distribution companies with more than 100,000 customers and FEVASA and SOLANAR, deducted the other revenues derived from the rights of the undertaking, hooks, verification and rental of measure, without including the incentive or penalty for the reduction of losses or the incentive or penalty for improving the quality of service, are set out in the following amounts:

ON Distribution, S.L.

or business group	(Thousands of Euros)
Iberdrola Electrical Distribution, S.A.U.	1.736.471
Union Fenosa Distribution, S.A.	830,387
Distribution, S.A.	161.282
155,799
Endesa (peninsular) (*)	1.889.340
Endesa (extrapeninsular)	318.365
FEVASA (**)	1.105
SOLANAR (**)	342
5.093.090

(*) The increase in remuneration corresponding to the increase in the activity of Endesa extrapeninsular is included in that of Endesa peninsular.

(**) According to Article 8.4 of Royal Decree 222/2008 of 15 February establishing the remuneration scheme for the distribution of electrical energy, the companies FEVASA and SOLANAR do not apply to them. quality and loss incentives

4. For distributors with less than 100,000 customers, the provisional accredited cost of the remuneration of the distribution and commercial management activity will be, for the year 2012, of 373,067,326 thousand euros, according to the breakdown shown in Annex II.

5. The costs recognised for 2012 for the remuneration of the commercial management carried out by the distribution companies with more than 100,000 customers and FEVASA and SOLANAR, amount to EUR 226,591 thousand, broken down by distribution companies as set out in the attached table:

Enterprise or business group

Cost GCi2012 - (Thousands of Euros)
Iberdrola Distribution Electrical, S.A.U.	88,808
Union Fenosa Distribution, S.A.	30.721
Electric Distribution, S.A.	5,773
E. ON Distribution, S.L.	4,973
Endesa (peninsular)	81,899
14,380
	FEVASA	30
SOLANAR	7
Total	226.591

Article 3. Annuities of income mismatch for 2012.

1. In accordance with the provisions of the additional twenty-first provision of Law 54/1997 of 27 November 1997, of the Electrical Sector, and without prejudice to the annuities that correspond to satisfy the charging rights of the electrical system pending the entry into force of this order, the amounts intended to satisfy those duties are as follows:

mismatch	(Thousands of Euros)
FADE Annuity	984,817
Extraceninsular Deficit until 2005	48,863
	57.968
Deficit revenues from regulated activities in 2005	313,352
Deficit liquidations of regulated activities in the year 2006	170.936
Deficit income settlements of regulated activities in the year 2007	103,630
Deficit income settlements of regulated activities in the year 2008	67,179
Deficit revenue from activities regulated in the year 2009	670
Deficit revenues from regulated activities in 2010	204,524
Deficit liquidations of regulated activities in 2011	247,806
Total	2.199.745

For the purposes of its settlement and recovery, these costs shall be considered as costs of the regulated activities.

2. As referred to in the Supreme Court's Order of 20 December 2011, the amount corresponding to the annuity of the 2011 deficit included since January in Order ITC/3353/2010 of 28 December, which has been recovered and recovered as consequence of the application of Order ITC/2585/2011, of 29 September, which amounts, according to the said Auto to 111 million euros, will be liquidated in the liquidations of the regulated activities of the year 2011.

3. According to the provisions of paragraph 4 of the additional twenty-first provision of Law 54/1997 of 27 November of the Electricity Sector, a revenue shortfall is provided for in the liquidations of regulated activities in the sector From 1 January until 31 December 2012, both inclusive, amounting to EUR 1.5 billion.

Article 4. Forecast the costs of the service of management of the demand for interruptibility for 2012.

A consignment of EUR 561,499 000 is provided for in the service of management of the demand for interruptibility regulated in Order ITC/2370/2007 of 26 July 2007 for the service of demand management of the Interruptibility for consumers who acquire their energy in the production market.

Article 5. Costs with specific targets.

1. The amount of the costs with specific destinations which, in accordance with Chapter II of Royal Decree 2017/1997 of 26 December 1997, is organised and regulates the procedure for the settlement of transport, distribution and (a) the marketing of the tariff, the permanent costs of the system and the costs of diversification and security of supply, should be met by direct consumers on the market and marketed by the contracts for access to the networks; they establish as from 1 January 2012 the following percentages:

		% over toll access
-National Energy Commission Rate	0.185
-System Operator	0.302
Diversification Costs and Supply Security:
-2. th part of the nuclear fuel cycle	0.396 0.001
Recorder to recover the revenue shortfall in the liquidation of the regulated activities generated between 1 January 2005 and 31 December 2005.	2,379

2. The percentages to be allocated to costs with specific destinations as set out in the above paragraphs may be updated during 2012 at the time the access tolls are reviewed.

3. Without prejudice to the provisions of the preceding paragraph, the remuneration of the System Operator for the year 2012 shall be EUR 39,618 thousand. The National Energy Commission shall include in settlement 14 of 2012 the positive or negative difference between the amounts received by the System Operator for the application of the quota set out in paragraph 1 and the quantity quoted.

4. The island and extra-island compensation planned for 2012 amounts to 1,892,823 thousand euros. 75 per cent of this amount, 1,419,617 thousand euros, will be funded from the State's General Budget and the remaining 25 per cent, 473,206 thousand euros, from access tolls.

The National Energy Commission shall include the amount provided for in the preceding paragraph from the access tolls as eligible costs for the financial year 2012. In any event, the deviations from the island and extra-island compensation that occur between the total amount provided for in the preceding paragraph and the final amount to be approved in accordance with Article 18 of the Royal Decree 1747/2003, of December 19, which regulates the island and extra-island electrical systems, will be included in charge of the access tolls and will have the consideration of permanent costs of the system, according to the Royal Decree-Law 6/2009 of 30 April 2009 adopting certain measures in the energy sector and approving the bond social.

Article 6. Review of the remuneration of the Spanish Energy Market Operator, Polo Español for 2012.

1. In accordance with the provisions of Article 16.9 of the Law of the Electrical Sector, the overall amount determined for the remuneration of the company OMI-Polo Espanol, S.A. established in compliance with Article 4. of the International Convention, signed in Santiago de Compostela on 1 October 2004, published in the Official Gazette of the State of 22 May 2006 concerning the establishment of an Iberian Electric Power Market between the Kingdom of Spain and the Portuguese Republic, in the form of made in Braga on 18 January 2008, published in the "Official State Gazette" on 11 December 2008 2009, corresponding to the year 2012, will be 14,500 thousand euros and will be financed from the prices charged to the agents of the production market, both to the generators of the ordinary regime and the special regime and to the marketers, direct consumers on the market and system load managers, acting in the area of the Iberian Electricity Market.

The difference, positive or negative, between the amount resulting from the collection to the agents of the production market and the one set out in the preceding paragraph shall be considered as income or liquidable cost; and will be included in the process of liquidations of the National Energy Commission, in liquidation 14 of the year 2012.

The remuneration set out in the first paragraph of this point shall be assumed equally by all the generators of the ordinary and special arrangements on the one hand, and by the set of traders, consumers market direct and system load managers on the other.

2. The market generators, both in the ordinary and special arrangements, operating in the area of the Iberian Electricity Market will pay the Market Operator for each of the net power plants or installed in the case of the special scheme exceeding 1 MW a fixed monthly amount of EUR 8,6069/MW of available power.

For the calculation of the power available in 2012, the value of the availability coefficient applicable to the system and technology to be applied to the net power or installed in the case of the special scheme of each installation corresponds, as set out in the following table:

Technology

90

89

Conventional Hydraulics

48

48

% availability
installations ordinary:
Nuclear	87
90
89
Import Carbon	94
Fuel-gas	75
Cycle
	73
59
regime installations:
	29	29
	22
	22
	48
Solar	11
Waste Heat	29
	90
Fuel-diesel	26
Refinery Gas	22
gas	39

3. Traders, direct consumers on the market and system load managers, acting in the field of the Iberian Electricity Market, will pay the Market Operator EUR 0.0244 for each MWh listed in the last schedule end of each hour.

4. The payments set out in points 2 and 3 shall be made on a monthly basis from 1 January 2012.

5. For agents selling and buying energy on the market, the Market Operator may execute the monthly payment of the month to be paid by such agents, or their representatives, by incorporation into the charges and payments from the market. market not before the first day of collection after the third working day of the month n + 1. To this end, the agents or their representatives must send the Market Operator the data necessary for the billing.

Article 7. Revision of regulated rates and prices.

1. As of 1 January 2012, the prices of tolls for access to the transport and distribution networks defined in Royal Decree 1164/2001 of 26 October 2001 establishing rates of access to the transport and distribution networks electrical energy are those set out in Annex I to this order.

Also, as of 1 January 2012, the prices of the toll of access to the transport and distribution networks 2.1 DHS defined in Royal Decree 647/2011, of 9 May, for which the activity of the cargo manager of the System for the performance of energy charging services are those set out in Annex I to this order.

2. As from 1 January 2012, the access tolls defined in Chapter VI of Order ITC/1659/2009 of 22 June 2012 establishing the mechanism for the transfer of customers from the market to the supply of the last energy resource electrical energy and the method of calculation and structure of the rates of last resort for electrical energy are those set out in Annex I to this order.

3. In accordance with the provisions of Article 44.1 and the second transitional provision of Royal Decree 661/2007 of 25 May 2007 regulating the production of electrical energy in a special scheme, the updating of the rules on the production of electricity quarterly for the first quarter of 2012 of the tariffs and premiums of the facilities of the sub-groups a.1.1 and a.1.2 of the group c.2 and of the facilities covered by the second transitional provision. The tariffs and premiums set out for the above two quarters are set out in Annex III to this order.

4. In accordance with the provisions of Article 44.1 and the transitional provision of Royal Decree 661/2007 of 25 May 2007, the annual update of the tariffs, premiums and, where appropriate, upper and lower limits, for their application to from 1 January 2012, from the premises of sub-groups a.1.3 and a.1.4, from group a.2, from category b facilities, from installations of the transitional provision to the 10th and from the installations of groups c.1, c.3 and c.4. Paragraphs 1 to 4 of Annex IV to this order include the tariffs, premiums and, where applicable, upper and lower limits, which are fixed for the said installations.

5. In accordance with the provisions of paragraph 2 of the additional provision, sixth of Royal Decree 661/2007 of 25 May 2007, the annual update of the premium for installed power plants of greater than 50 MW and not exceeding 100 MW is to be carried out. under paragraph 2 of that additional provision, taking as a reference the increase in the CPI, which is fixed at EUR 2,6553 c€/kWh, for its implementation as from 1 January 2012.

Likewise, in accordance with the provisions of paragraph 3 of the sixth provision of the aforementioned royal decree, the annual update of the premium of installed power plants of greater than 50 MW and not higher is carried out. 100 MW covered by paragraph 3 of the said additional provision, with the same increase as those applicable to installations of category a.1.1, with a fixed amount of EUR 3,4454 c€/kWh for its implementation as from 1 January 2012.

6. The value of the complement for reactive energy is revised, being fixed at EUR 8,7022 c€/kWh, for application as from 1 January 2012, in the terms set out in Article 29.1 of Royal Decree 661/2007 of 25 May 2007.

In addition, according to the provisions of the additional seventh provision of the aforementioned royal decree, the value of the complement for continuity of supply in the face of voltage gaps is revised, and is fixed at 0.4217 c€/kWh, for its application from 1 January 2012.

7. In accordance with Article 12 of Royal Decree 1578/2008 of 26 September 2008, remuneration for the production of electricity by means of solar photovoltaic technology for installations after the date of the end of the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for that technology, the annual rate update for the PV installations entered in the Register of Preallocation of Remuneration in the calls for the years 2009 and 2010, in the same way as the facilities of the Sub-group b.1.1 under Royal Decree 661/2007 of 25 May 2007. Paragraph 5 of Annex IV to this order sets out the rates set for the said installations for their implementation from 1 January 2012.

8. The coefficients for the calculation of transport and distribution losses, homogeneous for each supply and/or access tariff, to transfer the energy supplied to consumers at the rate of last resort and to consumers on the market in its counters to energy supplied in central bars, for 2012, for the purposes of the liquidations provided for in Royal Decree 2017/1997 of 26 December, for which the procedure for the liquidation of the costs of the transport, distribution and marketing at tariff, the permanent costs of the system and the The costs of diversification and security of supply and in Royal Decree 2019/1997 of 26 December, for which the Electricity Production Market is organized and regulated, are the ones contained in Annex V of this order.

Additional disposition first. Closure of surplus balances of certain accounts opened in deposit by the National Energy Commission.

1. The balances of the deposit account opened by the National Energy Commission for the implementation of quality improvement plans for service at the 2007 rate, corresponding to the outstanding settlement of works included in approved plans which, as of 1 June 2012, have not presented to the Directorate General of Energy Policy and Mines the certification of the performance of the work and its corresponding start-up, will be incorporated as Revenue from regulated activities for the year 2012.

2. Once the Directorate-General for Energy Policy and Mines has proceeded to approve the final amounts of the national demand management programmes for 2005, as called for by Order ITC/3164/2005 of 30 September 2005, the call for the national demand management programme for 2005 for the installation of hourly counters in the domestic sector is carried out and the requirements and procedure for its approval are determined and the National Energy Commission has for each of the companies, the balances of the account under the deposit scheme open to them effects, corresponding to the difference between the expected compensable costs and the final approved costs, shall be incorporated as revenue from regulated activities for the year 2012.

Additional provision second. Application of the interruptibility demand management service.

For the purpose of verifying the effective functioning of the service for the management of the demand for interruptibility regulated in Order ITC/2370/2007 of 26 July 2007 for which this service is regulated for consumers The system operator will automatically apply this service in each year, in the 1% of the hours of the year in which it provides for the greatest demand of the system. In such cases the chosen sample of service providers must represent at least a percentage reduction of the active power demanded of 5 percent on the set of reduction of the active power contracted for the set of service providers.

The compliance requirements and the impact of the service providers ' failure to comply with these power reduction orders shall be as set out in Articles 7 and 8 of ITC/2370/2007, of 26 The Commission also took the view that

Commission had not yet taken into account the fact that the Commission had not been informed of the Commission's decision.

Additional provision third. Review of consumer profiles.

For the purposes of Article 32 of the unified electrical system measure points Regulation, approved by Royal Decree 1110/2007 of 24 August 2007 approving the unified measure of measurement points of the electrical system, Red Eléctrica de España, S.A. will forward annually, before 30 November of each year, to the National Energy Commission and to the Ministry of Industry, Energy and Tourism, a proposal for revision of the consumption profiles in force on the basis of the contracted access toll, which results from application to those points of the supply of customers who, in accordance with the applicable rules, are not required to have a time-consuming record in their measuring equipment.

Additional provision fourth. Risk premium used in the procedure for calculating the rates of last resort for electricity.

The risk premium (PRP) used for the determination of the estimated cost of energy based on the provisions of Articles 9 and 13 of Order ITC/1659/2009 of 22 June establishing the mechanism for the transfer of energy Market customers at the rate of supply of the last electricity resource and the procedure for calculation and structure of the rates of last resort of electricity, will take a zero value when applying the procedure of calculation of the tariffs of last resort which are in force at any time from 1 January 2012.

Additional provision fifth. Settlement of the revision of the distribution costs for 2010.

The cost allocations for the revision of the distribution costs for 2010 as set out in Article 2.1 of this Order shall be settled in the settlement of the regulated activities of the year 2011.

Additional provision sixth. Tolls for access in application of the Auto of 20 December 2011, dictated by the Third Chamber of the Supreme Court, which agrees to adopt precautionary measures in relation to Order ITC/2585/2011, of September 29.

In compliance with the provisions of the Order of 20 December 2011, issued by the Third Chamber of the Supreme Court, which agrees to adopt precautionary measures in relation to Order ITC/2585/2011 of 29 September 2011, notified to the State Advocate General on 23 December 2011, the prices of the terms of power and energy, active and reactive, of the access tolls 2.0A and 2.0 DHA to be applied for billing purposes in the period covered between 23 and 31 December 2011, both inclusive, shall be as set out in Annex I to the Order ITC/688/2011 of 30 March 2011 laying down the access tolls from 1 April 2011 and certain tariffs and premiums for the special arrangements for those categories.

Additional provision seventh. Zonal coefficients of zonal losses for the island and extra-island electrical systems.

The National Energy Commission will forward within six months from the entry into force of this order a proposal for zonal coefficients K^h_{client zone} referred to in Article 3 of the Order 2524/2009 of 8 September, which regulates the method of calculating the incentive or penalty for the reduction of losses, for each of the isolated systems of the island and extra-island electrical systems.

These coefficients will be approved by the Minister of Industry, Energy and Tourism.

First transient disposition. Using consumer profiles.

Those supplies that since the entry into force of Royal Decree 1110/2007, of 24 August, approving the unified regulation of points of measurement of the electrical system, have changed their classification of type of point of Measure 4 to be of a type 3 measure of measure 3, and which do not have a time-consuming recording, may use consumption profiles for the clearance of energy up to the time when the measuring equipment is replaced to adapt it to the requirements of Royal Decree 1110/2007 of 24 August 2007.

Second transient disposition. Consumers who, without having the right to avail themselves of the last resort fee, are temporarily lacking a supply contract in force with a marketer and continue to consume electricity.

1. Consumers connected in high voltage and low voltage as at 31 December 2011 are being supplied by a last resort trader and on 1 January 2012 they lack a supply contract on the free market, provided that they do not are included in the derogation provided for in Article 3.3 of Royal Decree 485/2009 of 3 April 2009, may continue to be provided by that marketer of last resort until 31 December 2012.

The price to be paid by these customers for the electricity consumed to the marketer of last resort during this period will be the one corresponding to the application of the billing of the rate of last resort, TUR, without application of the time discrimination mode, increased its terms by 20 percent.

2. If, on 1 January 2013, the consumers referred to in the preceding paragraph have not contracted their supply on the free market, the contract between the consumer and the trader of last resort shall be deemed to be terminated. (a) the application of Article 86.2 of Royal Decree 1955/2000 of 1 December 2000 on the activities of transport, distribution, marketing, supplies and procedures for the authorisation of installations of electrical energy.

The provisions of Article 21.3 of Order ITC/1659/2009 of 22 June establishing the mechanism for the transfer of customers from the market to the supply of the last energy resource will also apply. electrical power and the method of calculation and structure of the rates of last resort of electrical energy.

Transitional provision third. Application of the method of calculation of the incentive or penalty for the reduction of losses to be applied to the distribution companies in the island and extra-island electricity systems.

During the period established for the adequacy of equipment at the border points between transport and distribution in the island and extra-island electrical systems in the third transitional provision of the Royal Decree 1623/2011 of 14 November 2011 for island and extra-island electrical systems shall not apply to the amendments laid down in the third final provision of this order in which Article 3 of the Order is amended TC/2524/2009 of 8 September, which regulates the method of calculating the incentive or penalty for the reduction of losses to be applied to the remuneration of the distribution for each of the electricity distribution companies.

During this transitional period, as regards the methodology for calculating the incentive or penalty for the reduction of losses of the distribution companies in the island and extra-island electricity systems, it will be application as set out in the rules prior to the entry into force of this order.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank are repealed as set forth in this order.

Final disposition first. Amendment of Order ITC/2370/2007 of 26 July 2007 regulating the service for the management of the demand for interruptibility for consumers who acquire their energy in the production market.

Order ITC/2370/2007 of 26 July 2007 is amended to regulate the service for the management of the demand for interruptibility for consumers who acquire their energy in the production market, in the following terms:

One. Article 13 is amended as follows:

" Article 13. Modification of the conditions of authorization for service delivery.

1. The modification of any of the conditions set out in the authorization for the provision of the service during the electric season, will need to be authorized by the General Directorate of Energy Policy and Mines.

The service provider will previously request the System Operator to report the change of conditions. Where the System Operator deems it necessary to issue the report, the report shall be governed by the provisions of Article 10.

In such cases, the Directorate-General for Energy Policy and Mines shall, where appropriate, establish the conditions for adjusting the remuneration for the electrical season in which it occurs.

2. In the case of changes to the conditions for the provision of the service which coincide with the start of a new electricity season, the provisions of Article 10 shall be made, and consumers must be asked to inform the System Operator in the time limits and conditions laid down.

3. Once the modifications are authorized, the System Operator will formalize the changes in the contract with the service provider. "

Two. A paragraph 6 is added at the end of Article 11 with the following wording:

" 6. The termination of the contract for the provision of the service or any of its extensions for any of the reasons set out in Article 14.1 in an electrical season shall determine the impossibility of continuing to provide the service in the season next.

However, the Directorate General for Energy Policy and Mines may authorize the provision of the service for an electric season when the resolution of the interruptibility contract for the previous season is it has been produced for exceptional reasons duly justified by the person concerned. '

Final disposition second. Amendment of Order ITC/1659/2009 of 22 June establishing the mechanism for the transfer of customers from the market at tariff to the supply of the last electricity resource and the procedure for the calculation and structure of the tariffs last resource of electrical energy.

Article 9 (2) of Order ITC/1659/2009, of 22 June, is worded as follows:

" 2. The calculation of the estimated cost of energy shall include the term of the amount corresponding to the payment of the marketing services for the remuneration of the operator of the Iberian Energy Market, Polo Spanish for 2012, according to the application regulations in place at any time.

At this level, the standard loss coefficient (PERD_p) shall also be applied according to paragraph 1 of this Article. "

Final disposition third. Amendment of Order ITC/2524/2009 of 8 September regulating the method of calculating the incentive or penalty for the reduction of losses to be applied to the remuneration of the distribution for each of the distribution companies electrical power.

Article 3 of the order is amended as follows:

" Article 3. Definition of the loss incentive.

An incentive for the reduction of losses to be applied to the remuneration of the distribution for each of the electricity distribution companies j, which may be positive or negative. The incentive or penalty for the reduction of losses passed on to the distribution company j year n shall be associated with the degree of compliance with the objectives set for the year n-1.

This incentive shall be calculated as the sum for each hour of the product between a time price of loss energy and the time difference between the actual and the actual losses the distribution company has in each hour applying the following formula:

An image appears in the original. See the official and authentic PDF document.

Where:

P^h The loss energy price, in €/kWh for hour h. This price will take the daily market time value.

α Coefficient that will put the benefit that the system gets for the loss reduction, how much it falls on the distribution companies.

Actual^h_j Actual energy lost by the distributor j in hour h, measured in kWh. This energy shall be calculated by applying the following formula:

An image appears in the original. See the official and authentic PDF document.

Being:

E^h_pf Energy measured horariously in kWh at each of the transport-distribution, distribution-distribution, and distributor-distributor border points.

E^h_Consumers The hourly energy of each of the consumers connected to the networks of the distribution company j expressed in kWh, measured in the consumer's counter. For consumers who do not have real time measures, hourly data will be taken using the standard profiles set out in the regulations.

Eobj^h_j Energy that is set as a loss target to the distribution company j in hour h, measured in kWh. It will be calculated by applying the following formula:

An image appears in the original. See the official and authentic PDF document.

Being:

E^h_Consumers The hourly energy of each of the consumers connected to the networks of the distribution company j, expressed in kWh measured in consumer counter. For consumers who do not have real time measures, the time data shall be taken by applying the standard profiles set out in the rules.

E^h_{pf Dist. ab} Energy measured at each of the borders of the distributor j with distribution companies located downstream of that distribution company j.

K^h_i Coefficient target loss schedule for elevation to central bars for each type of consumer i or for energy elevation from the border points of a distribution company located downstream of the distribution company j up to central bars. These coefficients will be the standard loss coefficients collected in the current regulations.

K^h_{client_zone} Coefficient zonal loss schedule that most or minorates the average loss coefficients for each hour h.

K^h_{j Border} Coefficient target loss schedule used to lower to the border of the distribution company j the power of the consumers or distributors located downstream of the company j they were previously raised with the K^h_i coefficients to central bars. In the case where there are borders at different levels of tension, the highest level of tension of the distribution-distribution or distribution-transport borders shall be considered for the determination of this coefficient. These coefficients shall be the coefficients of standard losses collected in the current regulations. "

Final disposition fourth. Amendment of Order ITC/2914/2011 of 27 October amending Order ITC/1522/2007 of 24 May 2007 laying down the rules for the guarantee of the origin of electricity from renewable energy sources and energy sources high-efficiency cogeneration.

The single transitional provision of Order ITC/2914/2011 of 27 October is amended, which is worded as follows:

" Single transient provision. Application of amendments to the regulation and operation of the system of guarantee of origin of electricity from renewable energy sources.

The amendments to the regulation and functions of the system of guarantee of origin of electricity from renewable energy sources which are introduced by this order shall apply from the first day of the fifth calendar month after the date of entry into force of the same. "

Final disposition fifth. Entry into force.

This order will take effect on January 1, 2012.

Madrid, December 30, 2011. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

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