Concentrating Solar Power in Spain: Protermosolar has appealed to the Supreme Court

While Public Administration estimates that the concentrating solar power industry will have a total of 2,521 MW installed at the end of 2013, in fact only 2,300 MW will be achieved.
The spanish association of concentrated solar power considers the Ministerial Order of 14 February represents a violation of the principles of legal certainty and reasonable return.

The Spanish Association of Solar Thermal Power Industry (Protermosolar) has submitted to the Division of Administrative Litigation of the Supreme Court, administrative appeal against IET/221/2013 Ministerial Order of 14 February, by establishing the access tariffs from January 1, 2013 and the rates and premiums for special regime facilities considering that is a violation of the principles of legal certainty and reasonable return.

The ongoing regulatory changes that the sector has been subjected during the last two regulations (Law 15/2012 and Royal Decree Law 2/2013) has represented a cut of 37% in solar thermal sector revenues.

Protermosolar has claimed, repeatedly, that the decisions taken by the Government are based on some erroneous forecasts of installed capacity by 2013. While Public Administration estimates that the concentrating solar power industry will have a total of 2,521 MW installed at the end of 2013, in fact only 2,300 MW will be achieved.

This overestimation affects the calculation of the premiums they receive this technology this year, as it has generated a difference of 300 million euros. Amount that would have made unnecessary the adoption of the measures contained in the Royal Decree and Ministerial Order whose consequences, if sustained, will be unaffordable for the CSP