The regulation of access-capacity auctions for electricity demand

Asesoramiento legal en nueva demanda eléctrica

In recent years, Spain has seen a high penetration of renewables in its energy mix, which has reduced electricity prices, especially during daytime hours. This has made energy storage an essential tool to provide flexibility and security to the electricity system, as well as to ensure the economic viability of renewable generation projects. At the same time, this context is favouring the development of data centres and energy-intensive industries, attracted by competitive electricity prices. Both storage facilities and data centres and new electricity consumers require access capacity in order to consume electricity, which has made access and connection permits for demand as sought-after as generation access permits were — and still are — in earlier years.

As a general rule, the granting of grid access and connection permits is governed by the principle of chronological priority. However, faced with the growing scarcity of available access capacity and in order to avoid speculative behaviour in relation to such permits, the Spanish Government has introduced a new exceptional mechanism applicable at certain transmission-grid nodes.

In this regard, Royal Decree-law 8/2023, of 27 December, amended Royal Decree 1183/2020, of 29 December, on access to and connection with the electricity transmission and distribution grids (hereinafter, “RD 1183/2020”), to incorporate a new competitive-concurrence procedure, articulated through public access-capacity auctions for demand installations. The following sections describe the procedure and the criteria applicable to these capacity auctions.

The applicable legal framework

Capacity auctions for demand are governed by Articles 20 bis, 20 ter and 20 quater of RD 1183/2020. In this respect, Article 20 bis of RD 1183/2020 provides that access-capacity auctions for demand installations must be called, by resolution of the Secretariat of State for Energy, at a specific transmission-grid node with a voltage level equal to or above 220 kV, provided that the circumstances set out in Article 20 quater.1.c of Royal Decree 1183/2020 are met.

Procedure of the access-capacity auctions for demand

Under Article 20 quater of RD 1183/2020, once a demand access request has been submitted, the transmission system operator must publish on its website, for a period of one month, a notice stating that a request has been received at the relevant node for a given capacity. From that point, the following situations may arise:

  • If no new requests are received within the stated period, the transmission system operator will grant the access capacity to the initial request in accordance with the general principle of chronological priority.
  • Likewise, if new demand access requests are received within the same period and all of them can be served simultaneously in accordance with the applicable criteria, the access permits will also be granted in accordance with the chronological-priority principle.
  • By contrast, if, within the established period, new access requests are submitted whose total capacity cannot be served in full, the transmission system operator must notify this to the Secretariat of State for Energy and suspend the access procedures based on the chronological-priority principle.

The situation described in point (c) triggers the start of a future demand capacity auction. In that case, the transmission system operator must notify the affected parties of the suspension of their access and connection procedures.

The transmission system operator must also provide the Secretariat of State for Energy with all the information it requests for holding the auctions, in particular that relating to the total capacity reserved at each node.

The capacity reserved for a future auction will be maintained until the resolution calling that auction is approved. That resolution must be issued by the Secretariat of State for Energy.

Criteria applicable to the access-capacity auctions for demand

As regards the criteria applicable to demand auctions, Article 20 ter of RD 1183/2020 provides that these auctions must have the following features:

  • The right to be awarded will consist of access capacity for consumption, expressed in MW.
  • They will cover the entirety of the access capacity available at the node.

In addition, the conditions for participation — including, where applicable, any additional guarantees required — and the details of the procedure applicable to demand auctions must be regulated by an Order of the MITERD. That regulation must establish, as a minimum, time-related criteria regarding the start date of the demand installation’s consumption, commitments on consumption flexibility and demand management, energy-efficiency improvements, socio-economic, environmental and territorial impacts, productive links, the technical and financial solvency of the project and its promoters, criteria relating to the volume of investment and criteria relating to the greenhouse-gas emissions avoided by the project for which access capacity is requested.

It should be noted, however, that under the second paragraph of the Sixth Transitional Provision of Royal Decree-law 8/2023, of 27 December, demand auctions may be held even where the MITERD Order has not been approved. In such cases, the auctions may be processed and decided by resolution of the Secretariat of State for Energy, applying the general framework provided for in RD 1183/2020. The only exception concerns the set of criteria to be considered for awarding access, which must be limited to the project’s consumption start date, the volume of investment and the greenhouse-gas emissions avoided.

As at the date of this article, the aforementioned MITERD Order has not yet been approved. Consequently, for the time being, demand auctions are expected to be conducted in accordance with the framework described above. This is precisely the case of the first capacity auctions called by Resolution of 11 July 2025 of the Secretariat of State for Energy.

Conclusions

In a context in which grid access capacity for demand installations is increasingly scarce and in which additional investment in grid infrastructure is required, access-capacity auctions for demand are configured as a key tool to prioritise access for the most advanced projects and those best able to provide security and flexibility to the system, as well as to generate positive socio-economic and environmental impacts.

Unlike what happens with generation access-capacity auctions, the Government has shown a greater commitment to holding demand access-capacity auctions. Proof of this is that in July 2025 the MITERD called the first auctions for eight transmission-grid nodes. These auctions are expected to be decided in February, since the MITERD has a legal period of six months from the date of the call to decide each auction.

Likewise, in the short term a greater number of transmission-grid nodes are expected to be reserved for demand access-capacity auctions. This expectation is linked to the CNMC Resolution of 1 December 2025, which sets out the detailed specifications for determining demand access capacity on the electricity transmission grid and requires the transmission system operator to publish, from 2 February 2026, for the first time, the access capacity available at the transmission-grid nodes. This publication will allow demand-project developers to identify precisely the capacity available at each node and, therefore, is expected to encourage the submission of access requests, which will foreseeably give rise to a greater number of demand access-capacity auctions.

Regulation of charging points in Spain

Asesoramiento legal en movilidad eléctrica

An evolving framework to drive electric mobility

Charging points are key to consolidating electric mobility in Spain, and the infrastructure must be sufficient, accessible and legally viable for both private operators and public administrations. The regulation combines installation obligations, a simplified administrative regime and new information and access requirements. Knowing the applicable rules is necessary to avoid unnecessary delays in project processing.

Applicable framework

  • Royal Decree-law 29/2021, of 21 December, on urgent energy measures to promote electric mobility, self-consumption and the deployment of renewables — the first to introduce direct installation obligations and a simplified administrative regime for charging points.
  • Law 7/2021, of 20 May, on climate change and the energy transition, which identified charging infrastructure as essential to decarbonising transport.
  • Law 9/2025, of 3 December, on Sustainable Mobility (LMS), which adds provisions on infrastructure planning and user information without substantially changing the existing core regime.

Who is required to install charging points?

RDL 29/2021 sets installation obligations in two areas:

  • Non-residential buildings with more than 20 parking spaces must provide a minimum charging infrastructure, calculated on total indoor and outdoor spaces. These obligations were generally due before 1 January 2023.
  • Certain service stations, based on their 2019 petrol and diesel sales volumes, must install fast or ultra-fast charging points to form a basic network on main roads and transport corridors.

Administrative regime and simplification

Installing a charging point generally requires a responsible declaration (declaración responsable) instead of a prior licence or authorisation, which aims to remove administrative barriers. The exceptions are limited — mainly installations in culturally or heritage-protected buildings and very high-power installations. Requiring municipal licences beyond these cases is incompatible with the principle of market unity, as the CNMC has indicated in several reports.

New charging planning and grid access after the Sustainable Mobility Law

The LMS does not change the core regime but introduces structural measures: it strengthens the mandate for public administrations to promote charging points on roads and transport corridors, especially fast and ultra-fast ones; it requires transparency and public information, so users can find the location, characteristics and operational status of publicly accessible points through signage and digital platforms; and it provides for a state map of electricity-grid capacity, covering lines, transformer centres and areas with capacity available for new charging points.

The role of the AFIR Regulation

Regulation (EU) 2023/1804, of 13 September 2023, on the deployment of alternative fuels infrastructure, which repeals Directive 2014/94/EU (the “AFIR Regulation”), is directly applicable in Spain. It imposes requirements on publicly accessible charging points: non-discriminatory access, the ability to charge without a prior subscription, and greater transparency on prices and user information. These requirements affect the design of new installations and the gradual adaptation of existing ones, particularly payment systems and user-facing information.

Conclusion

The framework is facilitative, with RDL 29/2021 as its central piece, complemented by the LMS and the directly applicable AFIR Regulation. A clearer framework does not remove the need for case-by-case legal analysis: location, planned power, urban-planning fit and grid interaction remain decisive for project viability.