Legal sources on renewable energy: Single

Usage of the grid

Updated: 27.10.2009

Legal basis/ addressees

statutory basis
contractual basis

The plant operator is statutorily entitled against the grid operator to the feeding-in and transmission of renewable electricity (art. 17 RD 661/2007). However, plant operators and grid operators are obligated to conclude an agreement that regulates the qualitative and quantitative conditions for the electricity to be fed in. The agreement shall comply with the model contract provided by the Ministry of Energy and Mining (art. 20 par. 2, art. 16 RD 661/2007).

Entitled party	The persons entitled are operators of systems that come under the so-called special regulation ("Régimen Especial"), (art. 17 RD 661/2007 in connection with art. 2 par. 2 no. 2 b RD 661/2007). The following power systems have a special status: Technologies. The systems' primary source of energy shall be a renewable source of energy like solar or wind energy as defined by statutory law (art. 2 par. 1 no. 2 b RD 661/2007). Classification by the authorities. Systems shall be classified as coming under the special regulation by official notice (art. 6, 8, 14 par. 1 RD 661/2007). Connection to a central control system. All systems that generate electricity as specified by the special regulation and whose capacity exceeds 10 MW shall be connected to a central control system, which shall be the interface to the plant operator. The control system shall provide real-time system information and make sure that the plant operator's instructions are implemented in such a way as to guarantee the reliability of the electric system. Systems are required to be listed in the register of systems in order to be awarded the status of system under the special regulation (art. 9 RD 661/2007). For systems for the generation of electricity from renewable sources to be eligible for the register of systems, they must be registered in the preliminary register ("Registro de Pre-asignación). Registration in the preliminary register is conditional upon certain criteria (art. 4 RD 6/2009, art. 4 RD 1578-2008).
Obligated party	The person obligated is the grid operator (art. 17, 20 RD 661/2007).

Entitled party

The persons entitled are operators of systems that come under the so-called special regulation ("Régimen Especial"), (art. 17 RD 661/2007 in connection with art. 2 par. 2 no. 2 b RD 661/2007). The following power systems have a special status:

Technologies. The systems' primary source of energy shall be a renewable source of energy like solar or wind energy as defined by statutory law (art. 2 par. 1 no. 2 b RD 661/2007).
Classification by the authorities. Systems shall be classified as coming under the special regulation by official notice (art. 6, 8, 14 par. 1 RD 661/2007).
Connection to a central control system. All systems that generate electricity as specified by the special regulation and whose capacity exceeds 10 MW shall be connected to a central control system, which shall be the interface to the plant operator. The control system shall provide real-time system information and make sure that the plant operator's instructions are implemented in such a way as to guarantee the reliability of the electric system.

Systems are required to be listed in the register of systems in order to be awarded the status of system under the special regulation (art. 9 RD 661/2007). For systems for the generation of electricity from renewable sources to be eligible for the register of systems, they must be registered in the preliminary register ("Registro de Pre-asignación). Registration in the preliminary register is conditional upon certain criteria (art. 4 RD 6/2009, art. 4 RD 1578-2008).

Obligated party

The person obligated is the grid operator (art. 17, 20 RD 661/2007).

Priority to renewable energy

Priority to renewable energy
Non-discrimination

Electricity from renewable sources shall be fed in at a priority, i.e. prior to electricity from conventional sources of energy. However, this priority ceases for system operators not complying with the conditions laid down by the contract on the technical relations between a plant operator and the grid operator (art. 17e, Annex XI no.4 RD 66172007).

Capacity limits

The grid operator is obligated to take in all net electricity generated by a system operator whenever feed-ins to his grid are technically possible (art. 17b, 20 RD 661/2007). Net electricity shall refer to the gross amounts of electricity generated by a system less the system's own consumption.

Limitations/deadlines

In general, the grid operator shall satisfy his obligation to take in RES electricity unconditionally and without undue delay. However, he may impose limitations if the capacity of the grid is fully used up (Annex XI RD 661/2007).

Arising/enforcement of a claim

The claim arises at the date on which the construction of the system is completed and the system is classified as system under the special regulation (art. 17 RD 661/2007). The status of system under the special regulation enters into force on the date on which the notice on classification is issued by the authority in charge (art. 14 par. 1 RD 661/2007).

Funding

Grid operator	The costs of feeding in and transmission of electricity generated from renewable energy are borne by the grid operator (Annex XI RD 661/2007).
Distribution mechanism	There are no special mechanisms allowing for the costs to be passed on to the consumers.

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Legal sources on renewable energy