Development of the transmission grid

In December there were new developments in the development of the transmission grid. On the one hand, a public hearing and information procedure was opened for the proposed modification of specific aspects of the current plan and, on the other hand, the procedure to make proposals for the development of the electricity transmission grid in the 2025-2030 horizon has been initiated.

Modification of specific aspects of the transmission grid development plan 2021-2026

On 16 December 2023, a notice was published in the Official State Gazette (BOE) by the Subdirectorate General for Electrical Energy and Mines, which provides for a hearing and public information on the proposed modification of specific aspects of the Development Plan for the Electrical Energy Transmission Grid 2021-2026. The document currently in force in this regard was approved by the Council of Ministers Agreement of 22 March 2022.

In accordance with the provisions of the Electricity Sector Act, the Council of Ministers may exceptionally, following a hearing, reports from the CNMC and the Autonomous Regions and Cities of Ceuta and Melilla, and having heard the System Operator, agree to modify specific aspects of the development plans when any of the following situations arise:

• An unforeseen event has occurred that could significantly affect the security and safety of supply.
• New supplies arise, which for technical reasons can only be supplied from the transmission grid and which cannot be supplied under the existing grid planning.
• There are reasons of economic efficiency of the system.
• The construction of certain facilities in the transmission grid is critical for the energy transition and the electrification of the economy and these were not foreseen in the current planning instrument.

In this regard, the document containing the proposed actions for the modification of specific aspects of the Transmission Grid Development Plan 2021-2026 was made available on the MITECO website so that interested parties can submit their allegations until 12 January 2024. The proposed modifications are grouped into the following categories:

• New demands, needs to accommodate new high power supplies.
• Storage and renewable generation.
• New operational needs.
• Feasibility of actions in the current development plan, modifications to ensure the feasibility of the actions included in the planning, taking into account the carrier's proposals when progressing in the development of the projects.
• Modifications relating to new transmission facilities due to change of ownership are also included.

Initiation of the procedure for making proposals for the development of the transmission grid 2025-2030

On the other hand, a few days later, on 23 December 2023, Order TED/1375/2023, of 21 December, was published in the Official State Gazette, initiating the procedure for making proposals for the development of the electricity transmission grid with a 2030 horizon (hereinafter, the "Order").

The purpose of this regulation is: (i) to establish the principles that should govern the preparation of the planning of the electricity transmission grid in the 2025-2030 horizon; (ii) to convene the subjects of the electricity system, the Autonomous Regions and Autonomous Cities of Ceuta and Melilla and the promoters of new electricity generation and consumption projects to make proposals for the development of electricity transmission grids and (iii) to establish the provision of the necessary information for this planning process.

In this respect, from 1 January to 31 March 2024, the aforementioned parties may submit their development proposals as well as the necessary information for this process in the formats made available to the interested parties by the bodies receiving the proposals, which will be the Subdirectorate General for Electrical Energy and Red Eléctrica de España. Likewise, the Order sets out the information to be sent, the requirements to be fulfilled, etc. However, any additional information required may be obtained from the parties participating in the planning process.

Subsequently, six months after the end of the deadline for submitting proposals, Red Eléctrica must send the initial proposal for the development of the transmission grid to the MITECO.

Should you wish to know more about the new regulatory and energy sector rules and their possible implications, please do not hesitate to contact one of our experts listed below or your usual contact at Osborne Clarke.