The Legal Trick in the Solar Industry

The solar industry fears “a great disservice to the industry” if the government applies the legal trick to avoid having to pay premium to the former third of the installed power in Spain: 400MW.

The interpretation of the so-called second additional provision of the new Royal Decree can leave out the premiums to all facilities that have not made any sale of energy, although the legislation does not explicitly require this.

Jurisdiction

According to sources, the position of the Ministry may involve the stoppage of the entry of new plants until 2011, since it would take the calls scheduled for 2009 and 2010 in order to accommodate the 400 MW affected by this interpretation.

If the Ministry of Industry reaffirms its intention to require proof of a photovoltaic plants that were selling electricity before the deadline, some companies do not rule out the possibility of coming to court to demand the premium it believes are entitled to receivable.

Asif, the employer’s sector of photovoltaic solar energy, he refused to make statements on this issue. However, in an email sent to its members to explain that we had access to the “Monday we received an email from the General Secretariat of Energy (SGE), which explained the interpretation that the Ministry of Industry, Tourism and Trade (MITYC) makes the additional provision of the 2nd RD 1578/2008 (DA 2). I suppose that some you will already aware of that provision, if applied retroactively, result in great harm to the industry. “

The Economist newspaper, has also had access to a report prepared KPMG Abogados in ensuring that registration is required for solar plants have a paper option of solar energy produced, the certificate issued by responsible for reading which shows compliance with the rules of procedure of measuring points, the report of the system operator or manager of the distribution network and accreditation requirements for the organization and regulates the market production. I.e., that in no case it is requested that the Government now seeks.

The National Energy Commission has begun to conduct inspections and it is feared that the use will make the Government’s decree on this measure.

The Ministry, however, gave a balloon of oxygen into the area of solar energy. The department runs Miguel Sebastian agreed to incorporate the installation of 1,500 megawatts of new power in the next three years, as well as an improvement in the initial rate floor, which was set at 32 euro cents per kilowatt hour.

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