Order Itc/2585/2011, From 29 September, Which Are Revised Access Tolls, Toll Access Supervalle Prices Are Set And Updated Certain Rates And Premiums Of The Facilities Of The Special Regime, From 1...

Original Language Title: Orden ITC/2585/2011, de 29 de septiembre, por la que se revisan los peajes de acceso, se establecen los precios de los peajes de acceso supervalle y se actualizan determinadas tarifas y primas de las instalaciones del régimen especial, a partir de 1 ...

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It law 17 / 2007, of 4 of July, modified the Law 54 / 1997, of 27 of November, of the Sector electric, to adapt it to it willing in the Directive 2003 / 54 / CE, of 26 of June of 2003, of the Parliament European and of the Council, on standards common for the market inside of it electricity and by which is repeals the Directive 96 / 92 / CE.

Article 17.1 of the cited law 54/1997, of 27 November, the Electricity Sector, establishes that the Minister of industry, tourism and trade, prior agreement of the delegate of the Government Commission for Economic Affairs, shall adopt the provisions necessary for the establishment of tolls for access to networks, to be established on the basis of the costs of the regulated activities of the system corresponding , including permanent costs and the costs of diversification and security of supply.

He Real Decree 1202 / 2010, of 24 of September, by which is set them deadlines of review of them tolls of access to them networks of transport and distribution of energy electric, determines the periodicity for the Minister of industry, tourism and trade can perform the review of them tolls of access to them networks of transport and distribution of energy electric , contemplating in its article 2 the aspects relating to this review.

Thus, in Royal Decree 485/2009, of 3 April, regulates implementation of supply of last resort in the electric power sector. Article 7 of this same Royal Decree sets the methodology of calculation and review of the rates of last resort, providing in the respect that the Minister of industry, tourism and trade shall adopt the provisions necessary for the establishment of these rates of last resort by determining its structure consistent with access tolls. To these effects the Minister of industry, tourism and trade may review the structure of them tolls of access of low tension to adapt them to the rates of last resource and ensure it additivity of them same.

The first additional provision of Royal Decree 647/2011, from 9 may, which regulates activity of Manager of loads of the system for the realization of energy recharging services, creates access toll supervalle of application made supplies with voltages not higher than 1 kV and with a contracted power of 10 kW and smaller or equal to 15 kW.

It available transient first of the cited Real Decree 647 / 2011, of 9 of mayo, sets that: «it established in it available additional first and in the order ITC / 1659 / 2009, of 22 of June, as soon as is object of modification by this real Decree, will be of application starting from the first review of tolls that is approve after the entry in force of the same.»

On the other hand, the first final provision of the Royal Decree 647/2011, from 9 may, modifies the order ITC/1659/2009, of 22 June, by which establishes the mechanism of transfer of customers of the market rate to the supply of last resort of electric power and the procedure of calculation and structure of the last resort of electricity rates to adapt to the start of application of toll access supervalle and the TUR with time discrimination supervalle.

Therefore, tolls for access to transport and electricity distribution networks are reviewed by the present order and establish access tolls supervalle as of October 1, 2011.

On the other hand, in accordance with it planned in the paragraph 1 of the article 44 and in the available transient second of the Real Decree 661 / 2007, of 25 of mayo, by which is regulates the activity of production of energy in regime special, quarterly is will proceed to the update of them rates and raw for them facilities of them subgroups a.1.1 and a.1.2 (cogeneration plants that use gas natural) (, diesel, fuel oil or LPG), group c.2 (waste facilities) and the Welcome to the second transitional provision of the Royal Decree (cogeneration facilities for the treatment and reduction of waste).

These updates will be carried out according to the variations of the reference values of the indices of prices for fuels defined in annex VII of the referred decree and the national quarterly consumer price index.

Quarterly changes in the benchmark indices used for updating have been a 106.8 basis points for the CPI increase, an increase of 11,092 percent to the price of natural gas and 6,465 per cent to the price of diesel, LPG and fuel oils.

As a result of the foregoing, by means of this order is to update the rates and premiums of the facilities of the subgroups a.1.1 and a.1.2 Group c.2 and the Welcome to the transitional provision of Royal Decree 661/2007, of May 25, second to its implementation as of October 1, 2011.

On the other hand, the development of the calls for pre-allocation for photovoltaic and the huge number of records that are processed, advised a modification of the calendar of the calls in such a way that held associated every two quarters. This modification is takes to out under it enabling to the Minister of industry, tourism and trade granted in it available end second of the Real Decree 1578 / 2008, of 26 of September, of retribution of the activity of production of energy electric through technology solar photovoltaic for facilities later to the date limit of maintenance of the retribution of the Real Decree 661 / 2007 , of 25 de mayo, for such technology.

In accordance with provisions in the eleventh additional provision of law 34/1998, of October 7, the hydrocarbons Sector, this order has been object of report by the National Energy Commission. This report takes into consideration the allegations made in the process of audience evacuated by consulting the representatives on the Advisory Board of electricity.

Through September 29, 2011 agreement, the Government representative Commission for Economic Affairs has authorized the Minister of industry, tourism and trade to issue this order.

In his virtue, prior agreement of the Commission associate of the Government for matters economic, have: article 1. Review of toll access from October 1, 2011.

1. from 1 October 2011 prices of tolls for access to networks of transportation and distribution defined in the Royal Decree 1164 / 2001 of 26 October, establishing rates of access to transport and electricity distribution networks, are kept in the fixed in annex I of the order ITC/688/2011 , of 30 of March, by which is set the tolls of access starting from 1 of April of 2011 and certain rates and raw of the facilities of the regime special.

2. access tolls defined in article 20 of the order ITC/1659/2009, of 22 June, by which establishes the mechanism of transfer of customers of the market rate to the supply of last resort of electric power and the procedure of calculation and structure of the rates of last resort of electricity, from October 1, 2011 , are those that are set in annex I to this order, detailing the prices of their terms in power and energy, active and reactive, in each tariff period.

Article 2. Tolls for access supervalle as of October 1, 2011.

1. from 1 October 2011 access tolls prices supervalle to networks of transport and distribution defined in the Royal Decree 647/2011, from 9 may, which regulates is the activity of Manager of loads of the system for the realization of energy recharging services and in article 17 of the order ITC/1659/2009 on June 22, which is established the mechanism of transfer of customers of the market rate to the last resort of electric power supply and the procedure of calculation and structure of the rates of last resort of electric power, will be set in annex I of this order.

2. starting from the 1 of October of 2011 them values of the coefficients of losses and of them prices unit for the funding of them payments by capacity corresponding to them tolls of access supervalle 2.0 DHS and 2.1 DHS will be them established in the annex I of this order.

Article 3. Update the rates and premiums of the facilities of the subgroups a.1.1 and a.1.2, the Group c.2 and facilities under the second transitional provision of Royal Decree 661/2007, of May 25, which regulates the activity of production of electrical energy in special regime.

1. in accordance with the provisions of article 44.1 and in the second transitional provision of Royal Decree 661/2007, of May 25, which regulates the activity of production of electrical energy in special regime, we proceed to quarterly updates for the fourth quarter of 2011, the rates and premiums, subgroups a.1.1 and a.1.2 facilities the Group c.2 and facilities under the second transitional provision.

2. in annex II of this order include the rates and premiums that are set for the above facilities with effect from October 1, 2011.

Article 4. Temporary mismatch in the liquidation of the activities regulated by the year 2010.


1. with arrangement to it provisions in the article 2.2. (a) of the Royal Decree 1202 / 2010, 24 September, which establish the terms of revision of tolls for access to transport and electricity distribution networks and as established in the first additional provision twenty Law 54/1997 of 27 November, in the Electricity Sector, the time-skew in the liquidation of the activities regulated by the year 2010 amounts to the amount resulting from the report of the National Energy Commission on the results of the 14 settlement of the year 2010.

For the purposes of its liquidation and collection, these costs will be considered as costs of the regulated activities.

2. to them effects of the securitisation of them amounts planned for 2010, under it referred in the available additional twenty first of the Law 54 / 1997, of 27 of November, of the Sector electric, is will be to it willing in the article 6.6 of the Real Decree 437 / 2010, of 9 of April, by which is develops the regulation of the process of securitization of the deficit of the system electric.

Article 5. Annuity to meet the rights of recovery of the electrical system for the year 2011.

The annuity scheduled for 2011 in article 3.1 of the order ITC/3353/2010, of 28 December, by which establish access as of January 1, 2011 tolls and rates and premiums of the facilities of the special regime corresponding to the year 2011, pursuant to paragraph 5 of the first twenty additional provision of law 54/1997 , of 27 of November, of the Sector electric, not is will have in has for the year 2011 and will incorporate starting from 1 of January of 2012.

Sole additional provision. Supervision of the application of the bonus social.

For the purpose of monitoring the implementation of the social bond, marketers of last resort will get, by electronic means or in electronic form, the relationship of holders of supply contracts that are beneficiaries of the social bond to the National Institute of statistics, so this credit that the point corresponds or not the residence of the person receiving.

First transitional provision. Adaptation of the measuring equipment for the application of tolls and tariff of last resort with time discrimination supervalle.

1. is sets a period of six months starting from the entry in force of this order for it adaptation of them teams of measure in those supplies that is accept to the toll of access 2.1DHS with discrimination time supervalle defined in it available additional first of the Real Decree 647 / 2011, of 9 of mayo, by which is regulates the activity of Manager of loads of the system for the realization of services of recharge energy , and of the toll 2.0DHS and the rate of last of resource with discrimination time supervalle defined according to it willing in the order ITC / 1659 / 2009, of 22 of June, by which is sets the mechanism of transfer of customers of the market to rate to the supply of last resource of energy electric and the procedure of calculation and structure of the rates of last resource of energy electric.

2. during the term referred in the paragraph earlier, the billing of those consumers to which are of application them tolls of access 2.0DHS and 2.1DHS, as well as the rate of last resource with discrimination time supervalle, in which not is has adapted the team of measure, is held with periodicity bimonthly starting from them data obtained of them readings real of each supply.

To these effects, the consumption to invoice in each of the three periods will be obtained by applying the following percentages to the total of the actual consumption: P1 P2 P3 32% 39% 29% will not proceed to invoice any consumption estimated during the period between two actual readings of the measuring equipment.

Second transitional provision. Requests of registration in the register of pre-allocation of retribution for facilities photovoltaic presented to the call of the 1st quarter of 2012 with prior to the entry in force of this order.

Applications for registration in the register of pre-allocation for photovoltaic systems submitted to the call for the 1st quarter of 2012 prior to the entry into force of this order, shall be deemed performed to requests corresponding to the 1st and 2nd quarter of 2012, unless the petitioner desist expressly from your application to the convocation of the 2nd quarter of 2012 prior to the close of the deadline for submission of applications for this call.

Sole repeal provision. Repeal legislation.

Is repealed few provisions of equal or lower rank is opposed to it willing in the present order.

First final provision. Amendment of annex III of the Royal Decree 1578 / 2008 of 26 September, remuneration of the activity of production of electrical energy through photovoltaic solar technology for facilities subsequent to the deadline for maintenance of the remuneration of the Royal Decree 661/2007, of May 25, for this technology.

Modifies the annex III of the Royal Decree 1578 / 2008 of 26 September, remuneration of the activity of production of electrical energy through photovoltaic solar technology for facilities subsequent to the deadline for maintenance of the remuneration of the Royal Decree 661/2007, of May 25, for this technology, which is drawn up in the following way: «ANNEX III calls and deadlines for submission of applications for the registration of pre-allocation 1. The number of calls for registration is set in the register of pre-allocation in four rounds per year, coinciding with the dates pre-allocation procedure resolution.

2. them deadlines of presentation of applications for the registration in the register of pre-allocation regulated in the article 6 of the present real Decree, and of publication of them results of the procedure of pre-allocation of the retribution will be them following: i. call 1st quarter of the year.

Filing of the application: between June 1 and November 30 of the year prior to the call, both inclusive.

Publication of the result of the procedure of pre-assignment of retribution: before the 1 of April of the same year.

II. call for 2nd quarter of the year.

Filing of the application: between June 1 and November 30 of the year prior to the call, both inclusive, coinciding with the deadline for submission of requests for the convening of the 1st quarter.

Publication of the result of the pre-assignment of salary procedure: before 1 may of the same year.

III. call 3rd quarter of the year.

Filing of the application. Between 1 December of the year prior to the call and on May 31, both inclusive.

Publication of the result of the procedure of pre-assignment of retribution: before the 1 of October of the same year.

IV. call for 4th quarter of the year.

Filing of the application. Between 1 December of the year prior to the call and on May 31, both inclusive, coinciding with the deadline for submission of requests for the convening of the 3rd quarter.

Publication of the result of the procedure of pre-assignment of retribution: before the 1 of November of the same year.

3. when the dates provided for in the preceding paragraph are not working for administrative purposes will take the first subsequent working day.

4. to participate in the calls of the 1st and 2nd quarter, will be presented a single application form for both calls, which can indicate if the applicant wishes to participate exclusively in one of the calls, or both.

Once resolved the convening of the 1st quarter, will be published in the electronic office of the Ministry of industry, tourism and trade, along with listings of facilities, the quotas of power and values from rates of application for the convocation of the 2nd quarter.

Those petitioners who have submitted a request to the two concerned calls and that are not registered in the register of pre-allocation associated to the call for the 1st quarter, may withdraw the request for registration for the convocation of the 2nd quarter, in the 5 working days following the publication in the electronic office of the Ministry of industry Tourism and trade, the resolution of the announcement of the 1st quarter and quotas of power and values from rates of implementation for the next call.

5. the provisions of the preceding paragraph to the calls of the 1st and 2nd quarter, shall apply to the calls for the 3rd and 4th quarter, respectively.'

Second final provision. Entry into force.

This order shall enter into force on October 1, 2011.

Madrid, 29 September 2011.-the Minister of industry, tourism and trade. Miguel Sebastián Gascón.

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