Spanish competition regulator CNMC approves regulation establishing flexible demand access permits for electricity networks

The National Commission for Markets and Competition (CNMC) has approved, by means of a Resolution dated 31 July 2026 (published in the Official State Gazette on 11 August 2026), flexible demand access permits for electricity to the transmission network and distribution networks.

This resolution has been adopted in accordance with CNMC Circular 1/2024 of 27 September, which establishes the methodology and conditions for access to and connection to the transmission and distribution networks for electricity demand facilities. This circular already provided detailed specifications to define the types of flexible access capacity and constitutes a major regulatory milestone by allowing certain demand facilities to opt for grid access, for the benefit of the system as a whole.

We analyse the four types of flexible access, their implementation timetable and the obligations for storage facilities.

Flexible access

Flexible access capacity is defined as capacity where the requirements for firm or standard power are not fully met, as supply is not guaranteed at all hours of the year; this is because, as a result of the capacity analysis, one of the specific criteria set out in Circular 1/2024 is not met.

In practice, this means that flexible demand will allow facilities – primarily large consumers and storage systems – to connect to the grid, even though they would not be able to obtain a firm access permit (with a full supply guarantee), in exchange for accepting certain restrictions.

Types of flexible capacity

The resolution approves four types of flexible access permits, each with a different degree of operational flexibility and technical requirements:

Type 0 – By hourly patterns: the connection point is located on a distribution network with a voltage exceeding 1 kV, and the percentage of hours of energy consumption associated with the flexible capacity will be that corresponding to the pattern resulting from the capacity analysis carried out by the network operator. Outside the defined intervals, no energy may be drawn from the grid. As a provisional pattern until the CNMC approves the definitive ones, Type 0.1 is defined, with the following demand operating pattern: from 00:00 to 07:59 and from 11:00 to 17:59.

It is also required that each installation be equipped with an Intelligent Flexible Power Management System (SIGPF), which must be certified prior to the installation being commissioned and must be inspected periodically, at least every two years.

Type 1 – Remote disconnection due to N-1 unavailability: the connection point is located on a distribution network and the capacity study concludes that the firm access requirements are met under conditions of full availability, but not under conditions where an element within the substation itself or a directly affected network element is unavailable. The estimated number of hours during which the safety criteria will not be met is limited to 10 per cent of the hours in a year; therefore, the installation is expected to be able to consume power for at least 90 per cent of the hours in a year, although this does not constitute a guarantee of supply.

The network operator may, as a corrective and preventative measure, disconnect the dedicated connection point where the demand facility is connected. Such disconnections shall not be regarded as supply interruptions for the purposes of service quality indicators, nor shall they give rise to any right to compensation or indemnity.

A transient voltage restriction is envisaged for this type of licence. From the date on which Type 1 and Type 2 licences come into effect, the nominal voltage at the connection point shall be greater than or equal to 30 kV; however, within twelve months, it shall become greater than 1 kV, provided that the adaptation of the distribution operating procedure (POD1) has been approved.

Type 2 – Active management via real-time instructions: the connection point is located on the distribution network with an associated power output exceeding 1 MW. The distribution system operator, by issuing instructions, has the ability to manage a total or partial reduction in the power consumption associated with its flexible capacity when circumstances arise that could lead to a breach of safety criteria. The installation must comply with the instruction sent in real time as a preventative measure within 30 minutes, and as a corrective measure either immediately or within three minutes.

The same regime for transient voltage restrictions applies as for Type 1 permits.

Type 3 — Transmission network: the connection point is located on the transmission network, which applies when the capacity study concludes that, with a high probability, the firm access requirements are met under conditions of full availability, but not under conditions of unavailability or failure of any element of the transmission network. Consumer installations granted this Type 3 flexible access permit must be registered with the Automatic Power Reduction System (SRAP).

Timeframes to be taken into account and implementation timetable

The resolution takes effect from 1 September 2026, with a phased implementation schedule for the different types of permits.

• Type 0: Six months from the entry into force of the resolution (that is, March 2027)
• Type 1: Six months from the entry into force of the resolution (that is, March 2027)
• Type 2: from the moment the distribution network operator has the necessary visibility and control tools in place and, in any event, no later than 1 January 2028.
• Type 3: Six months from the entry into force of the resolution (that is, March 2027). However, until 1 January 2029, Type 3 permits may only be applied for where the connection point to the transmission network is a connection point dedicated exclusively to that licence holder and operated by the transmission system operator.

Exclusions

Supplies which, in accordance with the applicable regulations, must be guaranteed, may not apply for or obtain flexible access capacity. In particular:

• Collective projects such as urban and industrial development plans which are required to comply with electrification targets.
• Essential supplies as defined in Article 52 of the Electricity Sector Act.
• Installations which, in accordance with current regulations, must have supplementary safety supplies.

Obligation to adapt storage facilities

One of the most significant practical changes introduced by the resolution is the obligation to convert existing distribution network access permits for storage facilities. The CNMC Resolution expressly provides that, in accordance with the provisions of Royal Decree-Law 7/2026, applications for demand access from storage facilities will be treated as applications for flexible access. The transitional regime distinguishes between two situations:

• Storage facilities connected to the distribution network that are not yet operational will have a period of three months (from the date on which Type 0 and Type 1 access schemes come into force) to apply for the conversion of their demand access and connection permits into flexible access permits.

  Furthermore, from the moment the Type 2 flexible access permit comes into force, storage facilities holding a Type 0 or Type 1 access permit will have three months to apply for conversion to Type 2, with priority in processing over new applications.

• Facilities connected to the distribution network that are in operation when the resolution comes into force shall be deemed flexible unless the owner expressly states otherwise.

Facilities that do not bring their licences into compliance will not be eligible for the exemptions set out in Article 2.2(c) of Royal Decree 148/2021 (exemption from charges for energy consumed that is subsequently fed into the grid) or in Articles 2.2(c) and (d) of Circular 3/2020 (exemption from transmission charges), and they will be required to pay the regulated capacity reserve fee as set out in Royal Decree-Law 7/2026.

The legislation does not provide for an equivalent mechanism for storage facilities connected to the transmission grid; therefore, Type 3 authorisation will apply to them from the date on which it comes into force.