When we had not yet managed to get our heads out of the water after the tsunami caused in the renewable energy sector by RD 23/2020, the Royal Decree 1183/2020 on access and connection to electrical energy transport and distribution networks. This regulation details temporary priority as a general criterion for access, redefines installed power, encourages bifacial panels and hybridization, and establishes that batteries will be treated as generation facilities. It was later made public the Circular 1/2021 of the CNMC, which establishes the methodology and conditions for access and connection to the transport and distribution networks of electrical energy production facilities which includes the content of the requests and permits, the economic criteria, the criteria for capacity assessment, the reasons for the refusal, the minimum content of the contracts and the obligation to publicize and transparency of relevant information.
Objective
This Circular seeks to regulate the granting of access and connection to transport and distribution networks in a context of rapid development of production from renewable energy sources. The availability of sufficient capacity in networks is a decisive factor when undertaking new projects and it is necessary to provide clear guidance for obtaining permits. The circular is addressed only to producers due to the saturation of transport nodes in areas with availability of wind and solar resources, and reserves for another circular the specific treatment of consumers and distributors.
What's new in the connection
The joint processing of access and connection permissions is envisaged through a single procedure and the deposit of the economic guarantee is maintained as a prerequisite. The application must be submitted electronically to establish an easily verifiable order of relationship and must also provide detailed technical information to confirm that it is supported by a project with sufficient evidence of viability.
In the case of a project subject to ordinary or simplified environmental assessment (Annexes I or II of Law 21/2013), “the request must prove, the submission by the promoter to the substantive body of the request to determine the scope of the ordinary environmental impact study or the request to initiate the simplified environmental impact assessment, respectively, if the developer has already submitted such requests” (Article 3.2 letter c of the circular). This text was modified from the previous draft and It's not mandatory submit it and the CNMC itself has confirmed that presenting it is optional.
Our Recommendation
Our recommendation is to provide the request to determine the scope of the environmental impact study as a voluntary improvement at the time of the connection request or later as complementary information to it. In this way, the environmental pre-feasibility of the project is verified through the prior consultations carried out during the ordinary processing with the added advantage of supporting the maturity of the project.
If you're wondering who can help you prepare all that documentation or provide you with a good environmental inventory of the site of the future renewable energy plant, you've come to the right place. Contact us without obligation.
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