LA DISTRIBUCIóN DE COMPETENCIAS ENTRE EL ESTADO Y LAS COMUNIDADES AUTóNOMAS EN MATERIA DE ENERGíAS RENOVABLES

This paper aims to examine the distribution of powers between the stateand the autonomous communities in regard to renewable energy. Based onthe delimitation of powers under state law, the first part of the paper describesthe distribution of responsibilities in reference to special regime productionof electrical energy. The second part examines a number of practicalassumptions that provide insight into some current problems. The first refersto the right of access of special regime producers to distribution networksand, in particular, how some autonomic procedures can affect the exerciseof said right from state competition. The paper also analyzes the case ofcertain autonomic awarding of wind power using mechanisms of dubiouscompatibility with the order of distribution of powers and some of the substantiveprinciples that inform existing regulation of the energy sector. Followingalong with a recent ruling by the Constitutional Court (STC 136/2009),we also examine the distribution of jurisdictional distribution on matters ofsubsidies for renewable energy. Finally, we address two controversial issues:the inspection of photovoltaic plants by the National Energy Commission,and the creation of the Registry for the Pre-assignment of Remuneration.