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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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TEXT

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 tolls for access to networks, 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 diversification and security of supply.

Royal Decree 1202/2010 of 24 September, establishing the deadlines for the revision of the tolls for access to the transmission and distribution networks of electrical energy, determines the periodicity for the Minister of Industry, Tourism and Trade can carry out the revision of the tolls for access to the transmission and distribution networks of electrical energy, in accordance with Article 2 of this review.

Thus, in Royal Decree 485/2009 of April 3, the implementation of the supply of last resort in the electricity sector is regulated. Article 7 of the same royal decree lays down the methodology for calculating and reviewing the rates of last resort, in which the Minister for Industry, Tourism and Trade will make the necessary arrangements for the establishment of these last resort tariffs by determining their structure in a manner consistent with the access tolls. 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.

The additional provision of Royal Decree 647/2011 of 9 May, which regulates the activity of system load manager for the performance of energy charging services, creates the supervalley access toll of the Application to supplies made at voltages not exceeding 1 kV and with a contracted power greater than 10 kW and less than or equal to 15 kW.

The first transitional provision of Royal Decree 647/2011 of 9 May 2011 states that: ' The provisions of the first provision and the order of 22 June of 22 June, as soon as it is the subject of an amendment, this royal decree shall apply from the first toll review to be approved after the entry into force of the said decree. "

Moreover, the final provision of Royal Decree 647/2011, of 9 May 2011, amends Order ITC/1659/2009, of 22 June, establishing the mechanism for the transfer of customers from the market at tariff to the supply of last electric power resource and the procedure for calculating and structure of the rates of last resort for electrical energy, in order to bring it into line with the start of application of the supervalley access toll and the TUR with time discrimination supervalley.

Therefore, by this order, the tolls for access to the electricity transmission and distribution networks are reviewed and the supervalley access tolls are established from 1 October 2011.

On the other hand, in accordance with 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 on the market In particular, the updating of tariffs and premiums for sub-group installations a.1.1 and .1.2 (co-generations using natural gas, diesel, fuel-oil or LPG), group c.2 (waste facilities) and the sub-groups will be carried out on a quarterly basis. the second transitional provision of the said royal decree (installations of cogeneration for treatment and reduction of waste).

Such updates shall be made on the basis of changes in the benchmark values of the fuel price indices as defined in Annex VII to the actual decree and the national consumer price index. quarterly.

The quarterly changes in the benchmark indices used for the update have been an increase of 106.8 basis points for the CPI, an increase of 11.092 percent for the price of natural gas and 6.465 percent. 1. for the price of diesel, LPG and fuel oil.

As a result of the above, it is through this order that the rates and premiums for the facilities of the sub-groups a.1.1 and a.1.2 of the group c.2 and those covered by the transitional provision are updated. Royal Decree 661/2007, of 25 May 2007, for its implementation from 1 October 2011.

On the other hand, the development of the calls for pre-allocation of pay for photovoltaic installations and the huge number of dossiers being processed, advise a modification of the timing of the calls for the form to be associated every two quarters. This amendment is carried out by virtue of the enabling the Minister of Industry, Tourism and Trade granted in the final provision of Royal Decree 1578/2008 of 26 September 2008 to pay the energy production activity electricity by photovoltaic solar technology for installations after the deadline for the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for such technology.

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. 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 29 September 2011, the Government Delegation for Economic Affairs has authorised the Minister of Industry, Tourism and Trade to issue this order.

Under the agreement of the Government's Delegation for Economic Affairs, I have:

Article 1. Review of access tolls from 1 October 2011.

1. As from 1 October 2011, 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 maintained in those set out in Annex I to Order ITC/688/2011 of 30 March 2011 laying down the access tolls from 1 April 2011 and certain tariffs and premiums for the facilities of the scheme special.

2. The access tolls as defined in Article 20 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 electricity resource and the procedure for the transfer of electricity calculation and structure of the tariffs for the last resort of electricity, as from 1 October 2011, are those set out in Annex I of this order, detailing the prices of their power and energy terms, active and reactive, in each tariff period.

Article 2. Peages of supervalley access from October 1, 2011.

1. From 1 October 2011, the prices of the tolls for access to the transport and distribution networks defined in Royal Decree 647/2011 of 9 May 2011, for which the activity of the system load manager is regulated for the (a) completion of energy charging services and in Article 17 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 resort for electrical energy and the procedure for the calculation and structure of the tariffs for the last resort of electricity, shall be as set out in Annex I to this Regulation. the present order.

2. As of 1 October 2011, the values of the loss coefficients and unit prices for the financing of the payments for capacity corresponding to the supervalley access tolls 2.0 DHS and 2.1 DHS will be those established in the Annex I of this Order.

Article 3. Update of the rates 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 under the transitional provision second to Royal Decree 661/2007 of 25 May 2007 regulating the activity of production of electrical energy under special conditions.

1. In accordance with 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 the production of electrical energy under special arrangements, the following updates are to be made: quarterly for the fourth quarter of 2011, 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 under the second transitional provision.

2. In Annex II to this order, the tariffs and premiums laid down for those installations with effect from 1 October 2011 are set out.

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

1. In accordance with the provisions of Article 2.2. (a) of Royal Decree 1202/2010 of 24 September 2010 laying down the time limits for the revision of the tolls for access to the transmission and distribution networks for electrical energy and in accordance with the provisions of the additional 20th provision First of Law 54/1997, of 27 November, of the Electrical Sector, the temporary mismatch in the liquidations of the activities regulated in the year 2010 amounts to the amount resulting from the report of the National Energy Commission on the results of settlement 14 of the year 2010.

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

2. For the purposes of the securitisation of the amounts foreseen for 2010, as referred to in the additional twenty-first provision of Law 54/1997 of 27 November 1997, of the Electricity Sector, the provisions of Article 6.6 of the Treaty shall apply. Royal Decree 437/2010 of 9 April, for which the regulation of the process of securitisation of the electricity system deficit is developed.

Article 5. Annuity to satisfy the charging rights of the electrical system for the year 2011.

The annuity foreseen for 2011 in Article 3.1 of Order ITC/3353/2010 of 28 December 2010 establishing the access tolls from 1 January 2011 and the fees and premiums of the scheme's facilities For the year 2011, in accordance with the provisions of paragraph 5 of the additional twenty-first provision of Law 54/1997 of 27 November 1997, the Electricity Sector will not be taken into account for the year 2011 and will be incorporated in the of 1 January 2012.

Single additional disposition. Monitoring the application of the social bond.

For the purposes of the supervision of the application of the social bond, the traders of last resort shall, by means of telematic or electronic means, reach the list of holders of the beneficiary supply contracts of the social bond to the National Institute of Statistics, so that it can prove that the point of supply corresponds or not with the usual housing of the beneficiary person.

First transient disposition. Adaptation of the measuring equipment for the application of the tolls and the rate of last resort with supervalley time discrimination.

1. A period of six months shall be established from the entry into force of this order for the adaptation of the measuring equipment in those supplies which are coupled to the 2.1DHS access toll with supervalley time discrimination defined in the Additional provision of Royal Decree 647/2011 of 9 May 2011 regulating the activity of system load manager for the performance of energy charging services, and the 2.0DHS toll and the rate of last resort with (a) the duration of the duration of the contract, in accordance with the conditions laid down in the first paragraph of Article 4 (1) of the the mechanism for the transfer of customers from the market to the supply of the last electricity resource and the procedure for the calculation and structure of the tariffs for the last resort of electrical energy is established.

2. During the period referred to in the previous paragraph, the billing of those consumers to whom the access tolls 2.0DHS and 2.1DHS apply, as well as the rate of last resort with supervalley time discrimination, in which no the measurement equipment has been adapted, shall be carried out on a bimonthly basis from the data obtained from the actual readings of each supply.

For these purposes, we consume them to invoice in each of the three periods will be obtained by applying the following percentages to the total actual consumption:

P1

P2

P3

32%

39%

29%

No estimated consumption will be billed in the period between two actual readings of the measurement equipment.

Second transient disposition. Applications for registration of the remuneration pre-allocation register for photovoltaic installations submitted to the call for 1.er quarter 2012 prior to the entry into force of this order.

Applications for registration of the preallocation of remuneration for photovoltaic installations submitted to the call for 1.er quarter of 2012 prior to the entry into force of this order, shall be understood to have been made to the calls corresponding to 1.er and 2. th quarter of 2012, unless the petitioner expressly disposes of his application to the call for the 2nd quarter of 2012 prior to the closing of the submission of applications for such a call.

Single repeal provision. Regulatory repeal.

It will be repealed as many provisions of equal or lower rank are opposed to the provisions of this order.

Final disposition first. Amendment to Annex III to Royal Decree 1578/2008 of 26 September 2008 for the remuneration of the production of electrical energy by solar photovoltaic technology for installations after the date of the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for such technology.

Annex III to Royal Decree 1578/2008 of 26 September 2008 concerning the remuneration of the production of electricity by photovoltaic solar technology for installations after the deadline of 26 September 2008 is amended. maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for that technology, which is worded as follows:

" ANNEX III

Calls and deadlines for submission of applications for registration in the payment preallocation register

1. The number of calls for registration in the pre-allocation register is set out in four annual calls, which coincide with the dates for the resolution of the pre-allocation procedure.

2. The time limits for the submission of applications for registration in the pre-allocation register as laid down in Article 6 of this royal decree and for the publication of the results of the procedure for the pre-allocation of remuneration shall be the same as following:

i. Call 1.er quarter of the year.

Submission of the application: Between 1 June and 30 November of the year preceding that of the call, both inclusive.

Publication of the result of the payment pre-allocation procedure: Before April 1 of the same year.

ii. Call 2. th quarter of the year.

Submission of the application: Between 1 June and 30 November of the year preceding the year of the call, both inclusive, in accordance with the deadline for submission of applications for the call for 1.er quarter.

Publication of the result of the pre-allocation procedure: Before 1 May of the same year.

iii. Call 3.er quarter of the year.

Presentation of the request. Between 1 December of the year preceding that of the call and 31 May, both inclusive.

Publication of the result of the payment pre-allocation procedure: Before 1 October of the same year.

iv. Convocation 4. th quarter of the year.

Presentation of the request. Between 1 December of the year preceding the year of the call and 31 May, both inclusive, with the deadline for the submission of applications for the call for 3.er quarter.

Publication of the result of the pre-allocation procedure: Before 1 November of the same year.

3. Where the dates referred to in the preceding paragraph are non-working for administrative purposes, the first working day shall be taken.

4. For the participation in the calls for 1.er and 2. th trimester, a single application form for both calls will be submitted, which may indicate whether the applicant wishes to participate exclusively in one of the calls, or both.

Once the call for 1.er quarter is resolved, they will be published in the electronic headquarters of the Ministry of Industry, Tourism and Commerce, together with the facilities listings, power quotas and tariff values. application for the call of the 2nd trimester.

Requesters who have submitted applications for the two calls referred to and who are not enrolled in the Pay Pre-Allocation Record associated with the call for 1.er quarter, may to withdraw from the application for registration for the convocation of the 2nd quarter, within 5 working days following the publication in the electronic headquarters of the Ministry of Industry, Tourism and Commerce, of the resolution of the call of the 1st trimester and of the power quotas and application rate values for the next call.

5. The above paragraph for the calls for 1.er and 2. th quarter, will apply to the calls of 3.er and 4. th quarter, respectively. "

Final disposition second. Entry into force.

This order shall enter into force on 1 October 2011.

Madrid, 29 September 2011.-The Minister of Industry, Tourism and Trade. Miguel Sebastian Gascon.