Draft royal decree establishing the general framework of the regulatory test bed for the promotion of research and innovation in the electricity sector.
The purpose of this Royal Decree is to develop by regulation the general framework of the regulatory test bench conceived as a controlled environment to carry out tests that allow the development of pilot projects, in order to facilitate research and innovation in the field of the electricity sector, pursuant to the provisions of the twenty-third additional provision of Law 24/2013 of December 26, 2013, on the Electricity Sector.
With respect to its structure, the regulation is divided into four chapters, distributed in 24 articles plus two additional provisions and three final provisions.
- Chapter I contains the general provisions, establishing its purpose and scope of application, as well as the definitions of the main concepts for the purposes of the provisions of the regulation.
- Chapter II specifies the regime for access and participation of projects in the test bed, regulating the applicable legal regime; the figure of the promoter; the eligibility criteria; the mode of access; the way in which applications will be evaluated; the test protocol, which will be signed by the promoter and the Secretary of State for Energy and will contain the particularities and specific conditions for the corresponding pilot project; the affiliation agreement, which must be signed by the promoter and the participants, and the start of the tests.
In order to provide access to the regulatory test bed, the following steps will be followed:
- Specific calls will be held in which projects that meet the eligibility conditions may submit an application.
- This will be followed by the pre-assessment phase, which will determine the suitability of the projects for access to the regulatory test bed.
- Once the preliminary evaluation has been carried out, the admitted projects will be obliged to sign a test protocol with the Secretary of State for Energy.
- After the signing of this agreement, once the activation of the system of guarantees and indemnities foreseen is accredited, the assignment agreements are signed, if applicable, and the other requirements established in this Royal Decree and the corresponding call for applications are fulfilled, the tests may begin.
- Chapter III establishes the operating regime of the test bank: how the monitoring of the tests and pilot projects will be carried out, the early termination of the participation of pilot projects in the bank, the cases of suspension of the tests of the pilot projects, the right of withdrawal of the participants and the manner in which the results will be evaluated, as well as the provisions relating to the liability regime and the system of guarantees.
Regarding the operating regime of the regulatory test bed, we highlight article 19 related to the evaluation of results, which will establish that, within one month after the pilot project is completed, the promoter will send to the Secretary of State for Energy a report evaluating the results of the project. The minimum information to be contained in the report will be established in the test protocol, and its confidentiality will be guaranteed at all times. If, after the evaluation of the results, the promoter deems it convenient, it may request the Secretary of State for Energy to extend the duration of the pilot project tests, after modifying the test protocol. Finally, the Secretary of State for Energy will prepare a document of conclusions on the development of the pilot project tests and their results, which will be sent to the Coordination Commission. These conclusions will be taken into account for the purposes of the provisions of article 24, and will be published with the necessary reservations in terms of industrial or intellectual property.
- Finally, Chapter IV contains a series of provisions relating to the possible collaboration of other agents, confidentiality, the regulation of the Coordination Commission, regulatory learning and the preparation of an annual report on regulatory innovation in the electricity sector.
From this chapter it should be noted that the information obtained from the development of the pilot projects, as well as from the report provided for in Article 19, will be taken into account in the procedure for drafting rules with the rank of law and regulations, in accordance with the provisions of Article 26.1 of Law 50/1997, of November 27, 1997, of the Government.
The public hearing ends on April 1, 2022.
