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 |
| Affected promoter | CYL Energía Eólica, SLU |
| Project | Photovoltaic plant «El Gallo» — hybridization with wind farm «El Gallo» |
| Requested photovoltaic capacity | 16.18 MW |
| Existing wind capacity | 49.4 MW |
| Total hybridization capacity | 49.7 MW (after reduction during the process) |
| State competence threshold | 50 MW (art. 3.13.a) Law 24/2013 of the Electricity Sector) |
| Municipalities | Castrojeriz and Los Balbases (Burgos) |
| Category | Energy |
| Year | 2026 |
A solar-wind hybridization project in Burgos has just received a dismissal resolution that has nothing to do with its technical or environmental viability. The cause is purely jurisdictional: the total capacity of the installation fell below 50 MW during the administrative process itself, and that changes who must authorize the project.
The Resolution of October 22, 2026, from the General Directorate of Energy Policy and Mines dismisses the application from CYL Energía Eólica, SLU to build the photovoltaic plant «El Gallo» (16.18 MW) in Castrojeriz and Los Balbases (Burgos), intended to be hybridized with the homonymous wind farm of 49.4 MW already in operation. The official reference is BOE-A-2026-23491.
What does this resolution establish?
Article 3.13.a) of the Law 24/2013, of the Electricity Sector, attributes authorization competence to the General State Administration for generation installations whose installed capacity exceeds 50 MW. Below that threshold, competence corresponds to the autonomous community where the installation is located.
In this case, CYL Energía Eólica, SLU, submitted its application to the General Directorate of Energy Policy and Mines to authorize the photovoltaic plant «El Gallo» and part of its evacuation infrastructure. However, during the hearing process, the promoter itself reduced the installed capacity of the hybridization to 49.7 MW, placing itself 0.3 MW below the legal threshold.
As no other circumstance justifies state competence, the General Directorate cannot continue processing the file. The resolution does not reject the project: it redirects it. The promoter showed agreement with the dismissal proposal.
| Element | Detail |
|---|---|
| Requested photovoltaic installation | «El Gallo» — 16.18 MW |
| Existing wind farm to be hybridized | «El Gallo» — 49.4 MW |
| Total hybridization capacity | 49.7 MW (reduced during the hearing process) |
| State competence threshold | 50 MW — art. 3.13.a) Law 24/2013 |
| Resolution outcome | Dismissal due to lack of state competence |
| Competent administration | Autonomous Community of Castilla y León |
| Promoter position | Agreement with the dismissal proposal |
Economic and operational impact
The dismissal does not cancel the project, but it does generate real costs in time and resources for the promoter:
- All administrative work carried out before the General State Administration is not directly transferable to the regional file: a new procedure must be initiated before the Regional Government of Castilla y León.
- Authorization timelines restart, which may delay the commissioning of the hybridization and, with it, the expected income from photovoltaic generation.
- The evacuation infrastructure is also part of the dismissed application, so its regional processing must be coordinated with the rest of the project.
- The promoter already showed agreement with the dismissal, suggesting that regional reprocessing was planned or is the most efficient route at this time.
For the sector in general, this resolution is a warning signal: modifying capacity during the process can change the competent administration and force you to start over at another window.
Who does it affect?
- CYL Energía Eólica, SLU — direct promoter of the dismissed project.
- Promoters of hybrid renewable installations (solar + wind, solar + storage, etc.) whose total capacity is close to the 50 MW threshold.
- Wind farm development companies that are planning hybridizations with photovoltaics in Castilla y León or in any autonomous community.
- Legal and technical advisors who accompany authorization files for renewable generation installations.
- CFOs and business development directors in energy sector companies managing project portfolios with capacities close to the legal threshold.
Practical example
The case of «El Gallo» illustrates a processing error with direct consequences. The existing wind farm has 49.4 MW. The requested photovoltaic plant adds 16.18 MW, which in principle would give a hybridization of more than 65 MW—clearly above the state threshold of 50 MW.
However, during the hearing process, CYL Energía Eólica, SLU, reduced the total hybridization capacity to 49.7 MW. That adjustment—of just 0.3 MW below the threshold—was enough for the General Directorate of Energy Policy and Mines to lose its authorization competence.
The result: a file processed before the State that must now be initiated again before the Regional Government of Castilla y León. If the promoter had maintained capacity above 50 MW, or had applied directly to the regional administration from the start, it would have avoided this procedural detour.
What should companies do now?
- Review the total capacity of any hybridization in your portfolio before submitting the application: if the sum of all installations in the project exceeds 50 MW, competence is state; if not, it is regional. Confirm with your legal team before choosing the window.
- Do not modify installed capacity during the process without analyzing the jurisdictional impact: an apparently minor reduction can cross the 50 MW threshold and force you to restart the file with another administration.
- If the project is already below 50 MW, initiate the file directly with the corresponding autonomous community (in this case, the Regional Government of Castilla y León) without going through the General Directorate of Energy Policy and Mines.
- Review article 3.13.a) of Law 24/2013 and its possible updates to identify if there are other cases of state competence that could apply to the specific project.
- Coordinate the processing of evacuation infrastructure together with that of the generation plant: in this case, part of the evacuation infrastructure was also part of the dismissed application and must be processed in the regional file.
Frequently asked questions
Why was state authorization denied for the photovoltaic plant «El Gallo» in Burgos?
It was not denied for technical or environmental reasons, but due to lack of competence of the General State Administration. During the hearing process, CYL Energía Eólica, SLU, reduced the total hybridization capacity to 49.7 MW, below the 50 MW threshold set by article 3.13.a) of Law 24/2013 of the Electricity Sector for the State to be competent. As that threshold was not exceeded, the file must be processed before the Regional Government of Castilla y León.
What is the capacity threshold for authorization of a renewable plant to be the responsibility of the State rather than the autonomous community?
According to article 3.13.a) of Law 24/2013 of the Electricity Sector, the General State Administration is competent to authorize generation installations whose installed capacity exceeds 50 MW. Below that threshold, competence corresponds to the autonomous community where the installation is located.
Is the photovoltaic project «El Gallo» in Burgos permanently canceled?
No. The dismissal resolution does not reject the project itself: it redirects it to the competent administration. CYL Energía Eólica, SLU, can—and presumably must—submit the authorization application to the Regional Government of Castilla y León to continue with the development of the 16.18 MW photovoltaic plant and its hybridization with the 49.4 MW «El Gallo» wind farm in Castrojeriz and Los Balbases (Burgos).
What risk do renewable promoters face if they modify their project capacity during the process?
A capacity change during the process can cross the 50 MW threshold in either direction and change the competent administration. If capacity drops below 50 MW, as happened in this case, the State loses competence and the file must be restarted with the autonomous community. This means loss of time, duplicated administrative costs, and delay in project commissioning.
Before which body should the solar-wind hybridization «El Gallo» in Burgos now be processed?
Before the Autonomous Community of Castilla y León, given that the total hybridization capacity is 49.7 MW—below the 50 MW threshold that attributes competence to the State—and no other case of state competence provided for in Law 24/2013 of the Electricity Sector applies.
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-2026-23491
