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4/4/2009 |  | | Royal Decree published in the supplier of last resort for Electricity. | Has been published in the BOE el Real Decreto 485/2009 of April 3, which regulates the implementation of supply of last resort in the sector of electrical energy.
| Has been published in the BOE el Real Decreto 485/2009 of April 3, which regulates the implementation of supply of last resort in the sector of electrical energy.
Article 1. Purpose and scope of supply of last resort.
1. Is the subject of this Royal Decree regulating the implementation of supply of last resort.
2. On July 1, 2009 the rates of electricity are integral extinct.
3. Only be eligible for rates of last resort final consumers of electricity connected at low voltage power contracted less than or equal to the statutory limit, as stipulated in the twenty-fourth additional provision of Law 54/1997 of 27 November, the electricity sector and the eleventh clause of this Royal Decree.
Article 2. Designation of the traders of last resort.
1. Assume the obligation to supply electric power of last resort in the entire national territory, the following companies marketing energy:
a) ENDESA ENERGY XXI, S. L.
b) LAST RESORT MARKETING IBERDROLA, S. A. U.
c) UNION FENOSA METRA, S.L.
d) ENERGY Hidrocantabrico last resort, S. A. U.
e) E. ON COMERCIALIZADORA of last resort, S. L.
2. The designation of the traders of last resort will be reviewed at least every four years.
Article 3. Rights and obligations of sellers of last resort.
1. In addition to the rights and obligations for traders in Article 45 of Law 54/1997 of November 27, the Electricity Sector, as amended by Law 17/2007, of July 4, marketers last appeal shall be obliged to respond to requests for supply of electricity consumers who are eligible for the tariff of last resort.
The rate of last resort will be the minimum and maximum price which may be charged the marketers of last resort for consumers who are benefiting from the fee, as set out in Article 18.1 of the Electricity Sector Law. Means that a consumer has used the rate of last resort when engaging and is supplied by a trader of last resort.
2. Additionally, the marketer of last resort within the business group owns the network in a distribution area must meet the supply of consumers who, without entitlement to the tariff of last resort, temporarily without a supply contract in force with a marketer and continue to consume electricity. In the event that the consumer belongs to a range where no marketer of last resort within the business group owns the network, the trader of last resort will be the group belonging to the owner of the network that is connected to your area distribution.
The price to be paid by these customers for electricity consumed during the period in which lack of an existing contract with a marketer will be fixed by order of the Minister of Industry, Tourism and Trade, by agreement with the Government's Delegate Commission for Economic Affairs . This price will evolve over time so that it encourages the signing of the contract.
3. The marketer of last resort is exempt from the obligation under the preceding paragraph when the supply contract or previous access has been terminated by default. In these cases, the dealer will apply to those consumers with Article 86.2 of Royal Decree 1955/2000, of December 1, which regulate the transportation, distribution, marketing, supply and licensing procedures facilities electricity.
4. The traders of last resort shall, in their separate accounts, distinguishing between income and expenses attributable to the provision made strictly to those consumers benefiting from the tariff of last resort.
Article 4. Commencement of supply of last resort.
1. As from July 1st 2009, consumers are supplied by a dealer who did not opt for choosing marketing company will be provided by a marketer of last resort. This marketer succeed the distributor with the rights and obligations set out in Article 45 of Law 54/1997 of November 27, the Electricity Sector.
2. From that date, consumers are supplied by a dealer who did not opt for choosing marketing company will be supplied by the trader of last resort within the group company's business distributor in your area.
In cases where the distribution company owned by more than one business group that has trading company of last resort, the distributor or the company will appoint traders of last resort within their business groups to which they will transfer customers who had not opted for another marketer. To this end, the distributor must notify the company or companies selected to the Directorate General for Energy Policy and Mines and the National Energy Commission before June 1, 2009, detailing the criteria for allocation of customers.
In cases where the distributor does not belong to any group that has trading company of last resort, the distributor may choose the marketing company to which it transfers the customers that have not opted for another marketer. The distributor must notify the company chosen, following the certification of acceptance of the marketing company chosen, the Directorate General for Energy Policy and Mines and the National Energy Commission before June 1, 2009.
3. In the case of distribution companies in the period indicated in the preceding paragraph have not reported sales company elected to the Directorate General for Energy Policy and Mines, customers of these companies will be supplied by the trader of last resort within the business group owns the network that is connected to its distribution area. In the cities of Ceuta and Melilla will be transferred to the energy company ENDESA, XXI SL
In cases where the distribution company owned by more than one business group that has trading company of last resort go to their consumers of last resort marketing group that has the distributor greater participation in it.
In cases where the distributor does not belong to any group that has trading company of last resort and is connected to more than a distributor whose business groups if available marketer of last resort, consumers go to the trader of last resort group from the distributor through which you receive a greater amount of energy annually.
4. Furthermore, if the distributor has not provided the Exchange Office to provide information from its database of points of delivery so that it could not be made effective on July 1, 2009 the transfer of customers to the company trading company belonging to the group owner of the network that is connected to its distribution area, the dealer will be deemed the ultimate consumer.
The marketer of last resort belonging to the group owner of the network that is connected to its distribution area to the dealer invoice, for the energy gain due to customers who have not contracted with an energy trader at the price set by the Minister of Industry, Commerce and Tourism has under section 3.2 of this Royal Decree.
5. Distribution companies must inform their customers to the marketing company that will be transferred if they have not voluntarily chosen by another trader, in a bill to send them before June 15, 2009.
Article 5. Legal status of consumers benefiting from tariff of last resort.
1. For all intents and purposes, consumers benefiting from tariff of last resort will be treated as consumers in the deregulated market.
2. Notwithstanding the foregoing, we shall apply the provisions relating to the supply rate in Section 4. Rd of Chapter I of Title VI of the Royal Decree 1955/2000, of December 1, which regulate transport activities , distribution, marketing, supply and licensing procedures facilities of electricity, until that decree is adapted to the provisions of Law 54/1997 of November 27, the Electricity Sector and the Law 17/2007, of July 4, amending the Law 54/1997 of November 27, the electricity industry, to suit the requirements of Directive 2003/54/EC of 26 June 2003, the European Parliament and Council concerning common rules for the internal market in electricity and repealing Directive 96/92/EC.
Article 6. Measures to promote competition.
1. Within 15 days after the entry into force of this Decree, the companies must provide, through its website and each time they are required by a consumer, a list of marketing companies provided by the National Energy Commission with their respective telephone numbers of customer service and website addresses, specifying which have assumed the obligation of providing a last resort.
2. If a consumer received at the rate of last resort which is supplied by a trader of last resort marketer chooses to change, neither the original marketer of last resort or any other trading company of the same corporate group may make counteroffers to the consumer until one year.
Once complete the change or the original dealer, or any other marketing company of the same corporate group may contract to supply the consumer within a year, without prejudice to Article 3 of this Royal Decree.
3. By order of the Minister of Industry, Tourism and Commerce may be, if the conditions to implement the change in supply to traders of last resort.
Article 7. Calculation methodology and review of the rates of last resort.
1. To calculate the rates of last resort will include a sum in its structure as follows:
a) The cost of electricity production, which is determined at least semi-annually based on market prices to run.
b) The corresponding access tolls.
c) marketing costs that apply.
2. According to the methodology in the previous paragraph, the Minister of Industry, Tourism and Trade, by ministerial decree in agreement with the Government's Delegate Commission for Economic Affairs will issue the necessary provisions for the establishment of these rates of last resort in determining structure consistent with the access charges. For this purpose the Minister of Industry, Tourism and Commerce may review the structure of access charges to suit low-voltage tariff of last resort and ensure the additivity of them.
Also the Minister of Industry, Tourism and Commerce acquisition mechanisms may regulate energy traders of last resort on a mandatory basis. The Minister of Industry, Tourism and Commerce may review the rates every six months to ensure access additivity of the rates of last resort.
3. The Directorate General for Energy Policy and Mines reviewed at least every six months the cost of producing electricity using the methodology set out in paragraph 1 above. This cost will be automatically included as the Directorate General for Energy Policy and Mines in the revision of tariffs of last resort in order to ensure additivity. To this end, the National Energy Commission will prepare a concrete proposal in which determined the rate for each tranche amount to their maximum and minimum price.
4. The traders of last resort should submit to the Directorate General for Energy Policy and Mines forecast their load curves for the period for calculating the cost of energy within the terms laid down by order of the Minister of Industry, Tourism and trade.
First additional provision. Failure to plan installation of systems and equipment for measurement and control.
Authorizing the Minister of Industry, Tourism and Trade, by order, net pay to the companies established in Royal Decree 222/2008, of February 15, for determining the remuneration of the distribution of electricity for the following reasons:
a) Failure of the objectives of the plans for installation of power control elements referred to in the tenth article of the Royal Decree 1454/2005, of December 2, amending certain provisions relating to the electricity sector.
b) No provision of systems and equipment are as set out in Article 9.8 Decree 1110/2007, of August 24, which approves the unified regulation of measurement points and the first additional provision of ITC/3860/2007 Order of December 28, which are revised electricity tariffs from January 1, 2008.
Second additional provision. Closure of the energy market.
1. The balance of the difference between the measures of losses and transmission and distribution losses in the standard procedure used to balance the whole system will be considered as income or expense payable system, and as such will be included in the assessments of the activities regulated.
2. The System Operator to carry out an annual assessment report of the differences referred to in the preceding paragraph. Every four years, may, where appropriate, a proposal to revise the standard percentage of losses, in order to minimize differences with the actual losses.
Third additional provision. Coordination of actors in the operation.
The proposed operating procedures and technical tools necessary to make the appropriate technical management of the system in accordance with Article 31 of Royal Decree 2019/1997 of December 26, which organizes and regulates the production market electricity, are presented by the system operator for approval by the Ministry of Industry, Tourism and Trade, the report must be accompanied by representatives of all subjects of the system as defined in Article 9 of Law 54/1997 of November 27, the Electricity Sector.
The System Operator shall inform the persons referred to in Article 9 of the Electricity Sector Law of incidents occurring in the exercise of its powers. For these purposes, the System Operator, shall have a specific focus on those subjects.
Additional fourth. Financing of the market participants.
1. As set out in Article 16.9 and in the nineteenth transitional provision of the current Law of the Power Sector, from the first day of the month following the date that is established, the market operator will begin its funding, in whole or in part, through the prices charged by generators subject to the market is determined by the General Secretariat of Energy, Ministry of Industry, Tourism and Trade, both under normal and the special regime, acting in the market Iberian Electricity. From that date the funding disappears through the resulting collection of quota on the billing of fees and tolls, leaving them collected by the National Energy Commission.
The difference, positive or negative, that occurs between the amount resulting from the collection of generators and the subjects to be established annually by the Ministry of Industry, Tourism and Trade will be considered income or expense payable and will be included in the process of validation of the National Energy Commission.
Additionally, the market operator or the affiliates, related or associated group, may receive remuneration corresponding to other functions as may be assigned to developing the Law 54/1997 of November 27, or the Electricity Sector Law 34/1998 of October 7, the hydrocarbons sector.
2. These prices are determined by the Ministry of Industry, Tourism and Trade and may include a fixed term, depending on the net power available from its facilities and / or a term variable for the energy contained in the latest program schedule end of each hour.
Fifth additional provision. Additional safeguards.
Authorizing the Minister of Industry, Tourism and Trade, upon hearing process and giving reasons, to transfer customers to a commercial marketer of last resort in cases where the trading company is involved in proceedings relating to unpaid or does not have guarantees that are required for the development of their business. Customers transferred, shall be supplied by the trader of last resort in the terms laid down by ministerial order. The foregoing is without prejudice to penalties that may arise in accordance with the provisions of Title X of the Law 54/1997 of November 27, the Electricity Sector.
Sixth Additional Provision. Contracts for the purchase of energy distributors.
The companies will proceed to sell the power purchase contracts are committed to a mandatory until June 30, 2009 in the markets and delivery time from July 1, 2009 on terms to be determined by order of the Minister of Industry, Tourism and Trade.
Revenues or costs from the sale of such contracts will be considered income or costs payable system.
Additional seventh. Representation of certain facilities of the special arrangements.
1. Extending the application of the provisions of the sixth transitional provision of Royal Decree 661/2007 of May 25, which regulates the production of electrical energy in special regime, until June 30, 2009.
2. Beginning July 1, 2009 facilities that have chosen a) of Article 24.1 of Royal Decree 661/2007 of May 25 and said they were selling their energy in the system of offerings managed by the Market Operator by conducting deals through a distribution company that acts as a last resort, as set out in the sixth transitory provision of the said royal decree, as long as the owners of the facilities do not notify their intention of working through other representative, will be represented on behalf of itself and employed by the trader of last resort in the group business owner's network distribution area to which they are connected.
In the event that the generator belonging to a range where no marketer of last resort within the business group owns the network, the trader of last resort will be the group belonging to the owner of the network that is connected to your area distribution.
It also applies the provisions above for the facilities they have chosen option b) of Article 24.1 of Royal Decree 661/2007 of May 25, from the first day of the month following the date of record up until the date of taking up their effective participation in the production market.
Representation in the market operated by the market operator of facilities that have chosen a) of Article 24.1 of Royal Decree 661/2007 of May 25, will always be on their own behalf and on behalf of others.
3. The trading company of last resort collected from July 1, 2009, the generator in the special regime that has chosen a) of Article 24.1 of Royal Decree 661/2007 of May 25, when acting as your representative, a maximum price of 5 / MWh transferred by way of representation in the market.
If the trader of last resort was declared a dominant operator of the electricity sector by the National Energy Commission or an outside person who belongs to a company or business group that had this condition, the price will be fixed 10 / MWh sold.
4. Beginning July 1, 2009, the National Energy Commission cleared equivalent premiums, bonuses and incentives, as appropriate, and supplements for all installations covered by the special scheme.
The term "premium equivalent" of the facilities of the special arrangements at the option of selling price, the difference between the net energy produced actually worth the price of the regulated tariff for him and the settlement made by the Market Operator and the System Operator, without prejudice to Article 34 of Royal Decree 661/2007 of May 25.
5. Empowers the National Energy Commission to define a circular, the obligations of transfer of the necessary information and the clearance procedure, as well as the procedure for communicating the changes to the representative of special treatment facilities.
Additional eighth. Regulated deficit in 2006.
1. Recognizes the existence of a revenue shortfall in the payment of the regulated activities of the electricity sector generated in 2006, including the reduction in pay for 2006 of the production of electricity in the amount equivalent to the value of allowances greenhouse gas allocated for free, which amounts to a value at 31 December 2006, 2.258.543.500,63 euros.
This amount will be recovered through the electricity tariff for a period of fifteen years beginning on January 1, 2007. The outstanding amount of interest earned each year since the update December 31, 2006.
The amount of annual interest will be applying the EURIBOR three months of the average price in November of the previous year the amount to be recovered at December 31 of each year.
2. The amount collected will be distributed among the firms in the amounts set forth in the following table:
IBERDROLA, S. A.: 810,907,331.66
UNION FENOSA, S. A.: 262,702,293.56
HYDROELECTRIC Cantabric, S. A. 127.042.059,30
ENDESA, S. A.: 1.017.237.502,12
Elcogas S.A.: 53,155,713.99
3. The holders of the receivables may be assigned to someone else notify the National Energy Commission and the General Secretariat of Energy.
Additional ninth. Review of access charges from July 1, 2009.
Beginning July 1, 2009 until the demise of the tariff deficit, previous procedures and timely reports, the Minister of Industry, Tourism and Commerce may review the rates every six months to ensure access additivity of the rates of last resort .
Additional tenth. Revision of rates to be applied for determining the tax to join the National Commission.
As set out in the sixth subparagraph of paragraph 2 of the twelfth additional provision of Law 34/1998 of October 7, of the hydrocarbons sector, revising the tax rates referred to in paragraphs 1.e) , 2.f) and 3.e) of paragraph 2 of the same provision, being set upon the entry into force of this Royal Decree on the following values:
a) In the sector of oil type on the tax base is multiplied to determine the tax to enter the National Energy Commission is 0129 euro / ton.
b) In the electricity sector where the rate is multiplied by the tax base to determine the tax to enter the National Energy Commission is 0185 percent for the tolls referred to in Article 18 of Law Sector electric.
c) In the type of hydrocarbon gas that is multiplied by the tax base to determine the tax to enter the National Energy Commission is 0153 percent.
Additional eleventh. Power to limit the application of the provision of last resort.
Beginning July 1, 2009 shall only be eligible for rates of last resort for consumers of electric power connected to low voltage power contracted less than or equal to 10 KW.
However, as established in the twenty-fourth additional provision of Law 54/1997 of November 27, the electricity sector, the power limit can be changed by order of the Minister of Industry, Tourism and Trade.
Additional twelfth. Unification of the traders of last resort.
Business groups that have simultaneously to supply last resort in the electricity and gas may unify these obligations in a single marketing company last resort.
For this purpose, these business groups should submit their application to the Ministry of Industry, Tourism and Trade and the name of the company shall assume the obligations of last resort in both sectors. The Ministry of Industry, Tourism and Trade will determine the date from which the transfer will be effective to the society of consumers benefiting from the tariff of last resort.
Additional thirteenth. Information transfer of customers from the market rate of last resort to supply of electricity.
The electricity distribution companies shall include all invoices to send to their customers with contract in force at the market rate, from the first invoice issued after the entry into force of this Royal Decree and until January 1 of 2010, the chart contained in the annex.
Additional fourteenth. Bills for electricity and gas.
The Directorate General for Energy Policy and Mines may establish the minimum content and format of bills to be delivered last resort marketers of electricity and gas.
In addition, the Directorate General for Energy Policy and Mines may determine the estimated consumption when these do not correspond to actual readings.
Additional fifteenth. Characteristics of the application of the provision of last resort in the islands and outside Systems (SEIE).
The marketing power of last resort in the islands and outside the system is governed by the general rules in the mainland power system with the characteristics set out below:
a) The traders of last resort in the systems to acquire the power supply to consumers of last resort in the release of energy for each SEIE.
b) The purchase price of this energy is the production cost of electricity to approve Department of Mines and Energy Policy referred to in Article 7, by applying the methodology set out in paragraph 1 of this article.
c) The National Energy Commission cleared the generators on a regular basis for the concepts set out in article 18.2 of Royal Decree 1747/2003 of December 19, for regulating the electrical islands and outside, on with the energy sold in the office of last resort marketers the cost of energy purchased by the traders of last resort, valued at the price schedule in each generation SEIE (PFG (h)), and the cost of the same energy valued at the purchase price of the traders of last resort, referred to above.
First transitional provision. Listing marketers.
1. Within 21 days after the entry into force of this Decree, the marketing companies that so wish should submit your phone number for customer service and website address to the National Energy Commission for inclusion in The list of marketers referred to in Article 6.
2. The National Energy Commission shall publish and update this list on its website no later than 30 days after the entry into force of this Royal Decree.
Second transitional provision. Transitional arrangements for the dealers covered by the eleventh transitional provision of Law 54/1997 of November 27.
1. Until July 1, 2009 or until the date thereof be included within the scope of Royal Decree 2017/1997 of December 26, the distribution companies to be implementing the eleventh transitional provision of the Act 54/1997 of November 27, the electricity sector may continue to acquire energy for their customers to the distributor that are connected to their networks.
The energy gained is the sum of the following terms:
a) The energy injected into their networks through the distributor which is connected, as the border. At this energy it will have to discount the energy corresponding to the customers that the dealer is connected to your network.
b) The energy poured into their networks for the facilities of the special arrangements they have chosen the method of sale of power in the market for high-level output voltage of the border point at which the distributor is connected. (If there are different border points of connection to different levels of tension will rise to the level of tension by acquiring more energy).
The price at which the distributor will be billed for the energy corresponding to the price level of tension that is connected to the distributor that is applied to the eleventh transitional provision of Law 54/1997 of November 27, the Electricity Sector, those listed in the table below and will apply both to the power and energy demand. Also be applied hourly supplements for discrimination and reactive power. These prices will be increased each month since April 1 2009 to 3 percent.
Selling prices to dealers in January 2009
Step Voltage
Term Power
Term energy
Tp: / kW months
Te: / kWh
Greater than 1 kV and up to 36 kV
2.733649
0.068824
Staff of 36 kV and up to 72.5 kV
2.580436
0.065655
Mayor of 72.5 kV and up to 145 kV
2.515924
0.063353
Staff of 145 kV
2.435286
0.061625
The income of the distributors of over 100,000 customers from such charges shall be considered income payable.
Beginning January 1, 2009 will the compensation scheme set up for companies that were included in the eleventh transitional provision of Law 54/1997 of November 27, the electricity sector, except the system of compensation for acquisitions energy for the special regime established in the following transitional provision.
2. During the period specified in the preceding paragraph, when the companies to which it applies the eleventh transitional provision of Law 54/1997 of November 27, the electricity sector, choosing to purchase electricity to supply its consumer price in the market for electricity production must apply to the Directorate General for Energy Policy and Mines inclusion in the settlement of Royal Decree 2017/1997 of December 26, as set out in paragraph 1 the second additional provision of Royal Decree 222/2008, of February 15.
The request must indicate the chosen mode of acquisition of electric energy in the production market by attaching supporting documents, either to act directly on the market or to be represented and certification of the System Operator of its border points are discharged into the main hub. Also, if you have special treatment facilities connected to their networks must communicate prior to the distribution company to which they are connected and the National Energy Commission details of such facilities and the option chosen by them, adding that accreditation communication to the application to the Directorate General for Energy Policy and Mines.
The Directorate General for Energy Policy and Mines expressly decide the application the date on which the new system of remuneration which, however, coincide with the first day of the month following the date of the resolution, and mode of acquisition energy chosen by the company.
3. In these cases, companies may buy electricity supply for its consumers to the market rate of electricity production in accordance with the following rules:
1. Nd through the company distributes more than 100,000 customers that are connected to their lines and, if not directly connected to any of them, to the nearest whole number. If you are connected to two or more distributors of over 100,000 customers, those whose connection to receive a greater amount of energy annually. To this end, the company acting as a representative of the energy bill last resort gained for representing the distribution in each period, the average cost of acquisition of the distributor representative in that period.
2. ª accessing the market directly or through a representative of the production market.
For the purposes of the liquidations of Royal Decree 2017/1997 of December 26, acknowledged the cost to companies covered by the eleventh transitional provision of Law 54/1997 of November 27, the electricity sector, for purchases of energy supplies for its fee, is set out in Article 4.e) of the royal decree.
The weighted average price, resulting in the liquidation period, shall be, the option that the distributor has chosen to host the eleventh transitional provision of Law 54/1997 of November 27, one of the following:
a) In the event of purchasing power as option 1. nd in this section, the average price obtained by applying, in the liquidation period, the average cost of acquisition of energy distributor acting as a representative of last resort procurement of power for the distributor of the eleventh transitional provision of Law 54/1997 of November 27.
b) In the event of purchasing power as option 2. nd in this section, the weighted average price that results in the period, plus 3 / MWh, the procurement of energy from it.
Third transitional provision. Adapting marketers benefiting from the transitional provision of the Order ITC/3860/2007 third of December 28.
Those companies that the entry into force of this decree they operate as marketers in the terms and conditions set out in the third transitional provision of the Order ITC/3860/2007 of December 28, which are revised electricity tariffs from January 1, 2008, will be automatically authorized to carry on the business of marketing and enrolled in the Administrative Register of Distributors, Traders and Consumers Direct to Market.
For this purpose, the Directorate General for Energy Policy and Mines practice of the profession relevant entry in the register in the corresponding subsection of marketers and notify the registration number to the company concerned.
Fourth transitory provision. Financing of the National Energy Commission until July 1, 2009.
Pursuant to the transitional provision séptima.1 of Law 12/2007, of July 2, amending Law 34/1998 of October 7, the hydrocarbon sector, in order to adapt to the provisions of Directive 2003/55/EC of the European Parliament and the Council of 26 June 2003 concerning common rules for the internal market in natural gas in conjunction with the provisions of the transitional provision of the segunda.1 Law 17/2007, of July 4, and Article 1.2 of this Decree, until July 1, 2009, in addition to the provisions of paragraph 2, second c) of the additional provision of Law 34/1998 twelfth of October 7, of the hydrocarbons sector, will be taxable in the rate for the financing of the National Commission on Energy turnover derived from the application of electricity tariffs referred to in Article 17 of the Electricity Industry Act. In this case the rate is multiplied by the tax base to determine the tax to enter the National Energy Commission is 0062 percent.
Fifth transitional provision. Mechanism of clearance and sale of energy facilities connected to a special arrangement of the distributor eleventh transitional provision of Law 54/1997 of November 27, the Electricity Sector, until June 30, 2009 or the date of effective implementation of the tariff of last resort.
1. Until June 30 2009 at facilities connected to a special arrangement of the distributor referred to in the eleventh transitional provision of Law 54/1997 of November 27, the Electricity Sector that are not covered by the settlement system Royal Decree 2017/1997 of December 26, according to the provisions of paragraph 1 of the second additional provision of Royal Decree 222/2008, of February 15, will continue to apply the sixth transitional provision of Royal Decree 661/2007 of May 25.
In these cases, the companies will be compensated by the National Energy Commission, according to the option chosen by the facilities of the special arrangements, as follows:
a) Put option 24.1.a article) and, where appropriate, Article 26 of Royal Decree 661/2007 of May 25, or the equivalent option in first transitional provision of the said royal decree: the resulting difference between the purchase price of electric power to each of the producers of the regime and the price corresponding to this energy billed at the tariff applied to it to the dealer, and the supplements paid by the dealer to the owner of the facility . This compensation, which may be positive or negative, will be determined and awarded by the National Energy Commission.
b) Option sale article 24.1.b) of Royal Decree 661/2007 of May 25, or the equivalent option in first transitional provision of Royal Decree: bonuses, incentives and allowances paid by the dealer to the owner of the installation.
The amounts corresponding to these concepts will be considered costs of the system and are payable subject to the liquidation process for the overall National Energy Commission, as set out in Royal Decree 2017/1997 of December 26.
For cases in which the energy discharged by the special arrangement of facilities connected to the distributor exceeds the demand of its customers to rate the Directorate General for Energy Policy and Mines will establish a mechanism to compensate the effects of the financial settlement.
2. Since January 1st 2009 until June 30, 2009, owners of facilities connected to a distributor referred to in the eleventh transitional provision of Law 54/1997 of November 27, the Electricity Sector, which avails itself of the settlement system of the Royal Decree 2017/1997, of September 26, as set out in paragraph 1 of the second additional provision of Royal Decree 222/2008, of February 15, they have chosen b ) of article 24.1 of Royal Decree 661/2007 of May 25, from the first day of the month to record up until the actual entry into the market, or those who have chosen the option) of the same article, while as the operator does not communicate its intention to operate through other representative, to become self-represented and validated by the company distributes more than 100,000 customers connected to the distributor to host the eleventh transitional provision cited and, if not directly connected to any, to the nearest whole number.
Also, the latter company will perform the equivalent clearance of the premiums or, where appropriate, bonuses and incentives, and the supplements that apply to facilities that are connected to a distributor referred to in the eleventh transitional provision of Law 54/1997 of November 27, the Electricity Sector, which qualifies the system for settlement referred to in paragraph 1 of the second additional provision of Royal Decree 222/2008, of February 15, will be done, starting the date on which the dealer is hosted by the National Energy Commission, as stipulated in Article 30 of Royal Decree 661/2007 of May 25.
The dealer that carries the representation of last resort shall apply as provided in the sixth transitory provision of Royal Decree 661/2007 of May 25, the representative of last resort.
Repeal only. Repeal legislation.
1. Upon entry into force of this Royal Decree are repealed:
a) Articles 176, 177, 178, 179, 180, 189, 200, 201, 202, 203 and 204 and paragraphs 2.1 and 2.2 of the annex of Royal Decree 1955/2000, of December 1, which regulate the transportation, distribution, marketing, supply and licensing procedures facilities of electricity.
b) Article 16.2 of Royal Decree 1747/2003 of December 19, for regulating the electrical islands and outside.
2. Also repeal any other provision of equal or lesser rank as opposed to the provisions of this Royal Decree.
First final provision. Amendment of Royal Decree 2019/1997 of December 26, which organizes and regulates the production of electricity.
Amending the Royal Decree 2019/1997 of December 26, which organizes and regulates the market for electric energy production in the following terms:
One is added a paragraph 3 of Article 9, with the following wording:
3. The owners of generation facilities that have signed bilateral contracts with physical delivery of energy must submit bids in the market daily by the total volume equals the energy involved in such contracts at a price that reflects the opportunity cost of these facilities '.
Two. Amending Article 10, which reads as follows:
"Once the offers for sale or purchase of electric energy have been accepted by the market operator and was the closing date for submission will be to appeal to each program period, based on the offer of sale cheap to apply the procedure of appeal provided for in the Rules of Market Operation.
The outcome of the appeal will determine the marginal price for each period, which will be the price resulting from the balance between supply and demand of electricity supply in the same energy and commitment by each of the players on the market daily production depending on the bids and selling assigned in such appeal. The outcome of the appeal will include also the order of precedence of all economic units to purchase or sell on the bid had been submitted, even if they had stayed outside the appeal.
The appeal process will incorporate the mechanisms of separation and coupling of markets with other countries to be determined each time by the Ministry of Industry, Tourism and Trade. "
Second final provision. Amendment of Royal Decree 1955/2000, of December 1, which regulate the transportation, distribution, marketing, supply and licensing procedures facilities of electricity.
Amending the Royal Decree 1955/2000, of December 1, which regulate the transportation, distribution, marketing, supply and licensing procedures facilities of electricity, as follows:
One Paragraph c) of Article 71.2 reads as follows:
"C) To purchase power in order to provide its customers, must submit to the System Operator, the Market Operator and the distribution companies, the guarantees that are enforceable."
Two. Amending paragraph f) of Article 71.2, the wording of which becomes the following:
F) Inform the Ministry of Industry, Tourism and the competent authority determines that the information on access fees or tolls, prices, consumption, billing and terms of sale for consumers, consumer and distribution by volume for categories of consumption and any related information to develop business in the electricity sector. "
Three. Article 73 reads as follows:
1. In cases where the authorization of the appropriate marketing activity to the Directorate General for Energy Policy and Mines, Ministry of Industry, Tourism and Trade, he asked what this governing body submitting the following documents:
a) Write up of the company duly registered in the Trade Register or equivalent in their country of origin attesting to the completion of the legal terms referred to in this article.
b) Proof of economic and technical capacity of the company pursuant to this article.
In any case, the person concerned may be requested documentation needed to establish the proper legal, technical or economic society.
2. To prove his legal capacity, the companies that perform marketing activity must be companies or equivalent in their home country in which objects do not exist limitations or reservations to the exercise of that activity. They must prove their status in their ability to sell and buy electricity and meeting the requirements of separation of activities and accounts referred to in Articles 14 and 20 of Law 54/1997 of November 27, the Electricity Sector .
3. Companies that wish to carry out marketing activities to demonstrate their technical capacity must meet the requirements for subject buyers in the market for electric power production under the Technical Operating Procedures and, where applicable, the Rules of Operation Clearance and market production.
4. To demonstrate the economic, companies that want to carry on the business of marketing must be submitted to the System Operator and Market Operator to the guarantees that are required to purchase energy in the electricity production market in the Proceedings Technical operation and the relevant Rules of Market Operation and Settlement respectively.
Before making your application to the Directorate General for Energy Policy and Mines, Ministry of Industry, Tourism and Trade, the applicant must complete the requirements set out in paragraphs 3 and 4 to the System Operator and, where appropriate, to the Operator Market. For these purposes, the maximum period between the issuance of certifications and applications to the Directorate General for Energy Policy and Mines, Ministry of Industry, Tourism and Trade is one month. "
Four. Paragraph 2 of Article 188 shall read as follows:
'2. The registration procedure of registration under this section shall consist of one stage of register. "
Five. Article 190 reads as follows:
"We will proceed to the final registration of the trading company in this section of the registration once it has been approved in accordance with Article 73.
This will lead the final registration form to the Directorate General for Energy Policy and Mines, Ministry of Industry, Tourism and Trade. In the event that the authorization corresponds to the same governing body, will be processed together. In the event that the authorization to the appropriate region, is moving to give the Directorate General for Energy Policy and Mines later than one month of the application form and the accompanying documentation. "
Six. Article 191 reads as follows:
"Notice of Registration to be effected by the Directorate General for Energy Policy and Mines.
In the event that the application for registration has been filed in one region, the formalization of the registration will be communicated to it. "
Third final provision. Amendment of Royal Decree 1068/2007, of July 27, which regulates the implementation of supply of last resort in the natural gas sector.
Amending the Royal Decree 1068/2007, of July 27, which regulates the implementation of supply of last resort in the natural gas sector, as follows:
One change is the last paragraph of paragraph 1 of Article 3, which reads as follows:
"The rate of last resort will be the minimum and maximum price which may be charged the marketers of last resort for consumers who are entitled to it, as set out in Article 93.1 of Law 34/1998 of October 7, Hydrocarbon Sector. Means that a consumer has used the rate of last resort when gas is supplied by a marketer of gas last resort. "
Two. A new paragraph 4 to Article 3, which reads as follows:
'4. The marketer of last resort is exempt from the obligation to respond to requests for supply of certain consumers, established in paragraphs 1 and 2, when the previous supply contract had been terminated for default. In these cases, the dealer will apply to those consumers with respect to the suspension of the provision in Chapter VIII of the Royal Decree 1434/2002 of December 27, which regulate the transportation, distribution, marketing, supply and authorization procedures for natural gas facilities. "
Fourth final provision. Authorization for the amendment of Article 28 of Royal Decree 661/2007 of May 25.
Authorizing the Minister of Industry, Tourism and Commerce to modify the formula set out in Article 28 of Royal Decree 661/2007 of May 25, which regulates the production of electrical energy in special regime to replace the variable Cmp one that reflects the changing cost of natural gas, effective, provided it is not unfavorable, since July 1, 2008.
Disposal fifth. Title Companies.
This royal decree is issued under the provisions of Article 149.1.13. And 25th. Rd of the Constitution which places the sole responsibility of bases and coordinating the overall planning of economic activity and bases regime's mining and energy, respectively.
Disposal sixth. Execution and implementation.
Authorizing the Minister of Industry, Tourism and Trade to issue, within the scope of its powers, the provisions which are essential to ensure proper execution and implementation of this Royal Decree.
Disposal seventh. Entry into force.
This Royal Decree shall enter into force on the day following its publication in the Official Gazette.
Given in Madrid on April 3, 2009.
JUAN CARLOS R.
The Minister of Industry, Tourism and Trade
MIGUEL SEBASTIAN GASCON | |
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