Key data
| Regulation | Resolution of October 22, 2026, from the Directorate General of Energy Policy and Mines |
|---|---|
| BOE Publication | November 9, 2026 |
| Entry into force | November 9, 2026 |
| Affected developer | CYL Energía Eólica, SLU |
| Project | Photovoltaic plant «Los Zapateros», 16.8 MW, Castrojeriz and Los Balbases (Burgos) |
| Hybridization with | Existing wind farm «Los Zapateros», 49.4 MW |
| Reduced hybridization capacity | 49.7 MW (0.3 MW photovoltaic) |
| Determining legal threshold | 50 MW — article 3.13.a) of Law 24/2013 on the Electricity Sector |
| Now competent authority | Junta de Castilla y León |
| Category | Energy |
| Year | 2026 |
An adjustment of just 0.3 MW in the capacity of a photovoltaic-wind hybridization has been enough for the State to lose authorizing competence and the project to start over before the regional government. That is exactly what the Resolution of October 22, 2026 from the Directorate General of Energy Policy and Mines states, published in the BOE on November 9, 2026.
The case of the «Los Zapateros» plant in Castrojeriz and Los Balbases (Burgos) illustrates with surgical precision how the 50 MW threshold set in article 3.13.a) of Law 24/2013 on the Electricity Sector can completely redirect the processing of a renewable project, with all the cost in time and resources that entails.
What does this resolution establish?
The resolution dismisses the application by CYL Energía Eólica, SLU to obtain prior administrative authorization, administrative construction authorization and declaration of public utility for the photovoltaic plant «Los Zapateros» (16.8 MW), intended to be hybridized with the homonymous wind farm of 49.4 MW already existing in Castrojeriz and Los Balbases (Burgos).
The reason is strictly jurisdictional: during the hearing procedure, the developer reduced the installed capacity of the hybridization to 49.7 MW (with only 0.3 MW photovoltaic). By falling below 50 MW, the installation ceases to meet the criterion of article 3.13.a) of Law 24/2013 that grants the State authorizing competence. The developer itself expressed its agreement with the dismissal.
| Element | Detail |
|---|---|
| Reference standard | Article 3.13.a) of Law 24/2013 on the Electricity Sector |
| State competence criterion | Installed capacity equal to or greater than 50 MW |
| Original hybridization capacity | Greater than 50 MW (16.8 MW photovoltaic + 49.4 MW wind) |
| Reduced hybridization capacity | 49.7 MW (0.3 MW photovoltaic + 49.4 MW wind) |
| Result | Dismissal due to lack of state competence |
| Next competent authority | Junta de Castilla y León |
| Environmental assessment status | Passed favorably |
| Access and connection permits | Granted at Herrera 400 kV substation |
It is worth noting that the project had two valuable assets already obtained: the favorable environmental impact assessment and the access and connection permits to the transmission network at the Herrera 400 kV substation. These advances do not necessarily disappear, but their validity in the new regional procedure must be verified.
Economic and operational impact
For CYL Energía Eólica, SLU, the dismissal means restarting administrative processing before the Junta de Castilla y León. This implies:
- New processing timelines before the regional administration, with the consequent delay in plant commissioning and revenue generation.
- Duplicated management costs: technical, legal and administrative fees to adapt documentation to the regional procedure.
- Uncertainty about reuse of the already-approved environmental assessment and access and connection permits at Herrera 400 kV.
- Risk of expiration of access and connection permits if the timelines of the new procedure are prolonged.
From a sectoral perspective, the case demonstrates that operating in the power range close to 50 MW —both above and below— creates a jurisdictional vulnerability that can translate into months or years of delay and significant reprocessing costs.
Who does it affect?
- CYL Energía Eólica, SLU: direct developer, must initiate new proceedings before the Junta de Castilla y León.
- Developers of wind-photovoltaic hybridization projects with total capacities close to 50 MW in any autonomous community.
- Advisors and consultants for renewable projects who manage authorizations and must monitor the jurisdictional threshold throughout the process.
- Investors and financiers of renewable projects in the processing phase, exposed to delays due to competence changes.
- Companies with projects in Castilla y León that must process authorizations before the Junta instead of the State.
Practical example
The case of «Los Zapateros» is in itself the most illustrative example. The developer had a wind farm of 49.4 MW and requested to hybridize it with 16.8 MW photovoltaic, which gave a total hybridization capacity above 50 MW and justified state competence.
During the hearing procedure, the developer reduced the photovoltaic contribution to just 0.3 MW, leaving the hybridization at 49.7 MW. That reduction of 16.5 MW photovoltaic —probably motivated by technical or economic reasons of the project— had an unforeseen consequence: crossing below the 50 MW threshold and losing state competence.
The result: a file that had passed environmental assessment and had connection permits at the Herrera 400 kV substation must now restart before the Junta de Castilla y León, with the additional costs and timelines that entails. A technical decision to adjust capacity became an administrative decision of the first order.
What should companies do now?
- Verify the total capacity of any hybridization project in processing before the State: if the capacity is close to 50 MW, analyze the risk of crossing the threshold due to technical modifications during the procedure.
- Review article 3.13.a) of Law 24/2013 with specialized legal advice before introducing capacity changes during processing, to anticipate the jurisdictional impact.
- Initiate contact with the Junta de Castilla y León (in the case of CYL Energía Eólica) to learn about the requirements of the new regional procedure and estimated timelines.
- Evaluate the validity of the already-approved environmental assessment and access and connection permits at the Herrera 400 kV substation in the new regional framework, with support from technical and legal advisors.
- Formally document agreement with the dismissal (already expressed by the developer) to avoid suspensive effects and expedite the start of the new regional proceedings.
Frequently asked questions
Why was state authorization denied for the «Los Zapateros» solar plant in Burgos?
Because during the hearing procedure the developer, CYL Energía Eólica, SLU, reduced the total hybridization capacity to 49.7 MW (with only 0.3 MW photovoltaic), falling below the 50 MW threshold set by article 3.13.a) of Law 24/2013 on the Electricity Sector to grant authorizing competence to the State. The developer itself expressed its agreement with the dismissal.
What happens now with the «Los Zapateros» photovoltaic project after the dismissal?
The project must request authorization from the Junta de Castilla y León, which is the competent administration for installations with capacity below 50 MW. The project already had favorable environmental assessment and access and connection permits at the Herrera 400 kV substation, whose validity in the new regional procedure must be verified.
What is the capacity threshold that determines whether the State or the autonomous community authorizes?
The threshold is 50 MW, according to article 3.13.a) of Law 24/2013 on the Electricity Sector. Installations with capacity equal to or greater than 50 MW are the responsibility of the State (Directorate General of Energy Policy and Mines). Below that threshold, competence corresponds to the autonomous community where the project is located.
What risk do developers face when modifying their project capacity during processing?
If a capacity modification during the procedure causes the installation to cross the 50 MW threshold —upward or downward— it can result in a change of administrative competence. This requires initiating a new file with the now-competent authority, with the additional costs and timelines that entails, even if advances such as environmental assessment or connection permits have been obtained.
Are the favorable environmental assessment and connection permits at Herrera 400 kV still valid?
The resolution does not expressly rule on their validity in the new regional procedure. The project had favorable environmental impact assessment and access and connection permits to the transmission network at the Herrera 400 kV substation. CYL Energía Eólica must verify with the Junta de Castilla y León whether these advances are recognized or if they must be obtained again within the regional procedure framework.
Official source
Consult complete regulation at 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-2026-23493
