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New public consultation on the proposed CNMC access and connection circular

| Publications | Energy

The new text takes the changes made to the organisation of access and connection by RDL 23/2020 into account

The National Commission for Markets and Competition ("CNMC") has submitted a new text of the regulatory circular on access and connection for public consultation. The deadline for comments is 8th October 2020.

This is the second public consultation to which the Circular is submitted. The regulator has made changes to the draft sent to the Council of State in May 2020. The new text takes into account the changes made to the organisation of access and connection by RDL 23/2020, as well as the regulation contained in the draft Royal Decree on access and connection currently being processed by the Ministry of Ecological Transition.

The new draft Circular dispenses with the provisions on economic guarantees, admission criteria and the processing of applications and the milestones that accredit the degree of progress of the projects, in accordance with the third additional provision of Royal Decree Law 15/2018, of 5th October. 

The new draft Circular also eliminates the granting of additional power in access and connection permits over nodes where less simultaneous production technologies are expected; instead, the Circular includes the possibility for hybrid installations to evacuate electricity using the same connection point and the access capacity already granted.

The new text eliminates the provisions concerning the acceptance by the producer of the conditions proposed in the result of the analysis of the application. At this point, the draft refers to the Royal Decree on access and connection.

After considering the comments that may be made during this new consultation, the CNMC will send the proposed circular to the Council of State. Although it will be difficult for this to happen within the initial period, the approval of the Royal Decree on access and connection and of the Circular will allow network operators to admit new applications for access permits, in accordance with the provisions of the first transitional provision of RDL 23/2020.

You can download the ful PDF file here.

For more information, please contact:

Carlos Mínguez | Partner of Andersen

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