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Spanish Electricity System

From a legal perspective, the "Law on the Electricity Sector No 54/1997" sets out the regulatory foundations for the Spanish electricity sector, aimed at guaranteeing the supply of electricity, the quality of this service and the lowest possible cost. The model for the electricity sector in Spain comprises two systems:  the Regulated System and the Liberalised System.

Organisational Model of the Spanish Electricity System

The main characteristics of the Spanish electricity sector are the existence of the wholesale Spanish generation market (also referred to as the “Spanish pool”), and the fact that any consumer has been free to choose its supplier since January 1, 2003.  Additionally, since 2006, bilateral contracts and the forward market have become a larger part of the market.

Generation facilities in Spain operate either under the Spanish ordinary regime or the Spanish special regime. The electricity system must acquire all electricity offered by special regime generators, which consist of small or renewable energy facilities, at tariffs fixed by Royal Decree or Order that vary depending on the type of generation and are generally higher than Spanish market prices.  Ordinary regime generators provide electricity at market prices to the Spanish pool and under bilateral contracts to qualified consumers and other suppliers at agreed prices. Suppliers, including last resort suppliers, and consumers can buy electricity in this pool. Foreign companies may also buy and sell in the Spanish pool.

The market operator and agency responsible for the market’s economic management and bidding process is OMEL.  Transmission companies and regulated distributors must provide network access to all consumers that have chosen to be supplied in the free market.  However, these consumers must pay an access tariff to the distribution companies if such access is provided.
The electricity transport grid comprises transmission lines, stations, transformers and other electrical equipment with a voltage superior to 220 KV, as well as other facilities, regardless of their voltage, that provide transport or international and extra-peninsular interconnections. Red Eléctrica de España (REE) manages most of the transmission network in Spain. It is responsible for the technical management of the Spanish electricity system as regards developing the high voltage network, in order to guarantee electricity supply and proper coordination between the supply and transmission system, as well as the management of international electricity flows. The system's operator carries out its duties in coordination with the market operator.

Liberalised suppliers are free to set a price for their consumers.  The main direct activity costs of these entities are the wholesale market price and the regulated access tariffs to be paid to the distribution companies.  Electricity generators and liberalised suppliers or qualified consumers may also engage in bilateral contracts without participating in the wholesale market.

As from July 1, 2009, last resort suppliers, appointed by the Spanish government, supply electricity at a regulated tariff set by the Spanish government to the last resort consumers (low-voltage electricity consumers whose contracted power is less than or equal to 10KW). Since then, distributors cannot supply electricity to consumers.

Traditionally, most of the demand for electricity in Spain is provided for under the Spanish ordinary regime.

All generation facilities that are not governed by the Spanish special regime are governed by the Spanish ordinary regime.  Under the Spanish ordinary regime, there are four methods of contracting for the sale of electricity and determining a price for the electricity:

> Wholesale energy market or pool.  This pool was created on January 1, 1998 and includes a variety of transactions that result from the participation of market agents (including generators, distributors, suppliers and direct consumers) in the daily and intraday market sessions.

> Bilateral contracts.  Bilateral contracts are private contracts between market agents, whose terms and conditions are freely negotiated and agreed.

> Auctions for purchase options or primary emissions of energy.  Principal market participants, Endesa and Iberdrola, are required by law to offer purchase options for a pre-established amount of their power.  Some of the remaining market participants are entitled to purchase such options during a certain specified period.

> Energy Auctions for Last Resort Demand.  Last resort suppliers in the Iberian Peninsula can acquire electricity in the spot or forward markets to meet last resort demand.  However, beginning in June 2007, these last resort suppliers were permitted to begin holding energy auctions to purchase electricity at lower prices.
Since January 2003, all consumers have become qualified consumers.  All of them may now choose to acquire electricity under any form of free trading through contracts with suppliers, by going directly to the organised market or through bilateral contracts with producers.

With the coming into force of the Last Resort Supply (“Suministro de Último Recurso”) on July 1, 2009, the integral tariff system has been replaced by a last resort tariff system.  Last resort tariffs (“Tarifas de último recurso”) are set by the Spanish government on an additive basis and can only be applied to low-voltage electricity consumers whose contracted power is less than or equal to 10 KW.  Last resort consumers can choose between being supplied at last resort tariffs or being supplied in the liberalised market.

The application of the Spanish special regime is discretionary for companies that own eligible facilities. Generally, eligible facilities are those with an installed capacity of 50 MW or less that use cogeneration or any renewable energy source as their primary energy.

Royal Decree-Law 661/2007 of May 25 (“Royal Decree 661/2007”) established the current regulation of the Spanish special regime. Royal Decree 661/2007 introduced a stable framework and sets the basis for future development of renewable energy in terms of competition and profitability.  It is framed within the commitment of the Spanish government to incentivise investments in renewable energy in Spain.

Under this regulation, Spanish special regime power facilities are able to select a fixed feed in tariffs or to participate in the market.  If the Spanish special regime generator sells electricity in the market, it will receive the market price plus a premium, subject to a cap and floor on final prices for each type of facility, depending on the technology used.