Key data
| Regulation | Resolution of October 22, 2026, from the General Directorate of Energy Policy and Mines |
|---|---|
| BOE Publication | November 9, 2026 |
| Entry into force | November 9, 2026 |
| Promoter | CYL Energía Eólica, SLU |
| Project | Photovoltaic plant «La Zarzuela» — hybridization with existing wind farm |
| Requested photovoltaic power | 13.685 MW (reduced to 0.3 MW during the process) |
| Existing wind power | 41.8 MW (wind farm «La Zarzuela») |
| Resulting hybrid power | 42.1 MW (0.3 MW photovoltaic + 41.8 MW wind) |
| Legal threshold for state competence | 50 MW (art. 3.13.a) Law 24/2013 of the Electricity Sector) |
| Location | Castrojeriz and Los Balbases (Burgos) |
| Category | Energy |
| Year | 2026 |
A change in power during the processing has rendered the state authorization request for the photovoltaic plant «La Zarzuela» ineffective. CYL Energía Eólica, SLU submitted a hybridization project of 13.685 MW photovoltaic with the existing wind farm of 41.8 MW in Castrojeriz and Los Balbases (Burgos). However, during the public hearing process, the promoter reduced photovoltaic power to 0.3 MW, leaving the total power of the hybrid installation at 42.1 MW.
This adjustment has a direct consequence: by falling below the 50 MW threshold set in article 3.13.a) of Law 24/2013 of the Electricity Sector, competence to authorize the installation ceases to be state-level and becomes autonomous. The promoter itself expressed agreement with the proposal for dismissal.
What does this resolution establish?
The resolution from the General Directorate of Energy Policy and Mines dismisses the request for prior administrative authorization, administrative construction authorization and declaration of public utility for the photovoltaic plant «La Zarzuela».
The legal basis is clear: article 3.13.a) of the Law 24/2013, of December 26, of the Electricity Sector establishes that the General Administration of the State is competent to authorize generation installations whose installed power exceeds 50 MW. Below that threshold, competence corresponds to the autonomous communities.
| Parameter | Original request | After reduction in hearing |
|---|---|---|
| Photovoltaic power | 13.685 MW | 0.3 MW | Existing wind power | 41.8 MW | 41.8 MW |
| Total hybrid power | 55.485 MW | 42.1 MW |
| Exceeds 50 MW threshold | Yes | No |
| Authorizing competence | State (MITECO) | Autonomous Community (Castilla y León) |
By not exceeding the 50 MW threshold, the State lacks competence to resolve the request and dismissal is appropriate. The project is not permanently canceled, but must be restarted with the autonomous administration.
Economic and operational impact
For CYL Energía Eólica, SLU and for any promoter in a similar situation, the operational consequences are significant:
- Restart of the procedure: The entire file processed before the General Directorate of Energy Policy and Mines becomes void. The promoter must initiate a new procedure with the Junta de Castilla y León.
- Time cost: The timelines for autonomous processing may differ significantly from state timelines, extending the project launch.
- Project design review: The reduction from 13.685 MW to 0.3 MW of photovoltaic power represents a radical change in the size and profitability of the hybridization project.
- Documentation and fees: Submission to the autonomous administration implies new technical documentation, impact studies and possible administrative fees specific to Castilla y León.
The case highlights a frequent risk in hybridization projects: modifying power during processing can change the competent administration, forcing you to start from scratch at another agency.
Who does it affect?
- Promoters of photovoltaic plants and hybrid installations who are processing or planning to process projects in Spain, especially those whose total power is close to the 50 MW threshold.
- Wind sector companies studying hybridization of their existing farms with photovoltaic generation.
- Legal and technical advisors accompanying authorization files for renewable generation installations.
- Investors and infrastructure funds with positions in renewable projects in the administrative processing phase in Spain.
- Operators with assets in Castilla y León who must assess whether their projects should be processed with the State or with the Junta.
Practical example
Imagine a development company has a 48 MW wind farm in operation and requests state authorization to hybridize it with a 5 MW photovoltaic plant. The total power of the hybrid installation would be 53 MW, exceeding the 50 MW threshold: competence is state-level and the file proceeds before the General Directorate of Energy Policy and Mines.
However, if during the public hearing process that company decides to reduce photovoltaic power to 1.5 MW to simplify the project, total hybrid power would drop to 49.5 MW. That adjustment, seemingly minor, would automatically shift competence to the corresponding autonomous community, and the state file would become void. Exactly what happened with «La Zarzuela»: the reduction from 13.685 MW to 0.3 MW left total power at 42.1 MW, 7.9 MW below the legal threshold.
The practical lesson: any modification of power during processing must be analyzed beforehand in terms of administrative competence, not just from a technical or economic perspective.
What should companies do now?
- Review the total power of all hybrid projects in processing: Check whether the sum of existing wind power plus projected photovoltaic power exceeds 50 MW or not. That threshold determines where you process.
- Evaluate any power modification before submitting it: If during the public hearing or in the comments phase a power reduction is proposed, first analyze whether that change alters administrative competence. A technical adjustment may force you to restart the file from scratch.
- If the project falls below 50 MW, initiate proceedings with the autonomous community: In the case of «La Zarzuela», the promoter will have to contact the Junta de Castilla y León. Each community has its own procedure, timelines and required documentation.
- Review article 3.13.a) of Law 24/2013: It is the regulation that sets the 50 MW threshold and the distribution of competencies. Any legal or technical team working on renewable authorizations should have it as a permanent reference.
- Consult with advisors specialized in autonomous energy law: If the project is to be processed with an autonomous community, requirements, timelines and evaluation criteria may differ substantially from state-level ones.
Frequently asked questions
Why is authorization for the photovoltaic plant «La Zarzuela» denied?
Because during the public hearing process the promoter, CYL Energía Eólica, SLU, reduced photovoltaic power from 13.685 MW to 0.3 MW. This left the total power of the hybrid installation at 42.1 MW (0.3 MW photovoltaic + 41.8 MW existing wind), below the 50 MW threshold set in article 3.13.a) of Law 24/2013 of the Electricity Sector. By not exceeding that threshold, the State has no competence to authorize the installation and dismisses it.
What is the power threshold for authorization to be state or autonomous in renewables?
Article 3.13.a) of Law 24/2013 of the Electricity Sector establishes that the General Administration of the State is competent to authorize generation installations with installed power greater than 50 MW. Below that threshold, competence corresponds to the autonomous community where the installation is located. In the case of «La Zarzuela», as it remains at 42.1 MW, competence passes to the Junta de Castilla y León.
Can CYL Energía Eólica continue with the photovoltaic project «La Zarzuela»?
Yes, but it must restart the authorization procedure with the Castilla y León administration, not with the State. The state resolution dismisses the request due to lack of competence, not for technical or environmental reasons. The promoter itself expressed agreement with the proposal for dismissal, which facilitates closure of the state file and opening of the autonomous one.
What risk does modifying the power of a renewable project during processing entail?
The main risk is exactly what this case illustrates: if the modification causes total power to fall below 50 MW (or rise above it), the competent administration changes. This can force you to restart the entire file with another agency, with the time and resource costs that entails. Any power change during processing must be analyzed beforehand from the perspective of the distribution of administrative competencies.
Where is the photovoltaic plant «La Zarzuela» located and who is the promoter?
The photovoltaic plant «La Zarzuela» is located in the municipalities of Castrojeriz and Los Balbases, in the province of Burgos. The promoter is CYL Energía Eólica, SLU. The project consists of hybridizing the existing wind farm «La Zarzuela» (41.8 MW) with a new photovoltaic plant, whose requested power was 13.685 MW and was reduced to 0.3 MW during the process.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-23492
