2024-11-27 04:24:00
Him Supreme Court it frustrates the attempt of large electricity companies to save millions in costs after the termination of the exploitation concessions hydroelectric plants. The High Court is already piling up four sentences in which the Government is right and confirms the legality of the decision of the various hydrological confederations order energy companies to bear the costs of demolishing dams once permits expire to manage the systems.
In recent months the Supreme Court has rejected four appeals by Endesa and Iberdrola with those who tried to avoid having to pay for the demolition work of some artificial reservoirs with which electricity is produced. The Administrative Litigation Section of the Court rejected Endesa’s request not to deal with the collapse of the plants Hoz Seca (Guadalajara) and Bembézar (Córdoba) factories. and he also did it with Iberdrola’s attempt with the Albentosa-Los Toranes (Teruel) and Contreras-Mirasol (Cuenca) power plants, as can be seen from the sentences approved between last June and this November.
The legislative news of 2012
Spain’s nearly 800 hydroelectric plants are widely exploited by large electricity companies through public concessions that last decades. Upon expiry of the concessions, the hydrological confederations will be able to arrange for their extension – allowing the electricity companies to continue to manage the plants -, their return to the State – with which their exploitation passes into public hands – or their definitive extinction. In the latter case, The Administration can order the demolition of the plants and, after a legislative reform approved in 2012, that the cost of the works be borne by the electricity companies themselves..
In recent years the Government has ordered the demolition of almost fifteen hydroelectric power plants of small dimensions as the public concessions have expired and has resolved that the electricity concessionaires should carry out the investments necessary to demolish and remove the infrastructures located in public property.
In recent years, the Superior Courts of Justice of various autonomous communities have rejected the appeals of the electricity companies and confirmed the legality of the provision. Now it is up to the Supreme Court to uphold the sentences of the High Regional Courts and to break down the new resources of energy companies. The High Court confirms the jurisprudence with the sentences pronounced in recent months and opens the way to the obligation for electricity companies to pay for million-dollar works as the concessions for around 250 hydroelectric plants will expire in the next decade.
The approval of the Supreme
Endesa and Iberdrola defended in their appeals the illegitimacy of the obligation to take charge of the demolition investments because at the time of the assignment of the concessions the current legislation did not provide for this possibility and because the titles of the concessions themselves do not provide for it, therefore they a new regulation would be applied retroactively.
The Supreme Court dismantles this argument in its four rulings and endorses the Government’s provisions deeming the new legislation applicableeu allows demolition work to be charged to electricity companies (in force since 2012) because It is the one in force when the various hydrographic confederations began proceedings to decree its extinction of concessions for hydroelectric plants.
What are the recent Supreme Court rulings regarding hydroelectric plants in Spain?
Time.News Interview: The Future of Hydroelectric Power in Spain
Interviewer (Time.News Editor): Good morning, and thank you for joining us today. With us is Dr. María López, an expert in renewable energy policy and environmental law. Recent rulings from Spain’s Supreme Court have stirred quite a discussion regarding the responsibilities of electricity companies concerning the dismantling of hydroelectric plants. Dr. López, can you explain why these rulings are significant for the future of hydroelectric power in Spain?
Dr. María López: Good morning! Yes, absolutely. The Supreme Court’s ruling is significant because it reinforces the principle that once a concession for a hydroelectric plant expires, the companies responsible for those infrastructures are obligated to pay for their demolition. This is a crucial step towards ensuring that companies take full responsibility for the ecological impacts of their operations. It emphasizes a shift towards more sustainable energy practices.
Interviewer: That’s incredibly relevant, especially in the context of the growing urgency for sustainability. The court has reportedly rejected appeals from major companies like Endesa and Iberdrola. What do you think this indicates about the legal landscape for energy companies operating in Spain?
Dr. María López: The rejection of these appeals indicates a robust legal framework supporting environmental accountability. It shows that the courts are willing to uphold regulations that prioritize public interest and ecological health over corporate profit. This could set a precedent not just in Spain, but also potentially influence energy legislation in other countries.
Interviewer: It’s fascinating to think about the wider implications. With almost 800 hydroelectric plants in Spain, what will happen to these plants as their concessions expire?
Dr. María López: Each expired concession presents a choice: the hydrological confederations can extend the concessions, return the management to the state, or order their demolition. The 2012 legislative reform mandates that if a plant is to be demolished, the costs fall to the electricity companies. This provides a strong incentive for these companies to either extend their operations responsibly or to consider the environmental impact seriously.
Interviewer: Speaking of environmental impact, can you elaborate on the government’s actions over the past few years regarding smaller hydroelectric plants?
Dr. María López: Certainly. The government has proactively ordered the demolition of several small hydroelectric plants as concessions have expired. This effort reflects a recognition of the need to restore ecosystems and remove outdated infrastructure. These actions align with broader EU climate goals and reflect growing public demand for cleaner, sustainable energy solutions.
Interviewer: As we move further into the era of renewable energy, where do you see the future of hydropower fitting in? Will the emphasis on dismantling plants hinder or help Spain’s renewable energy landscape?
Dr. María López: While it may seem counterintuitive, the dismantling of old hydroelectric plants, particularly those that are no longer efficient or eco-friendly, can actually help in the long run. This paves the way for new, innovative renewable technologies that are less invasive to ecosystems. Spain has fantastic potential for solar and wind energy, which could complement our existing hydropower infrastructure in a more sustainable manner.
Interviewer: That sounds promising. So, you believe that there’s a chance for a synergistic approach to renewable energy in Spain moving forward?
Dr. María López: Absolutely. It’s about integrating diverse renewable sources while being mindful of environmental repercussions. By effectively managing and transitioning away from outdated infrastructure, we can build a more sustainable, efficient energy system that serves both the economy and the environment.
Interviewer: Thank you, Dr. López, for your insights on this critical issue. The Supreme Court’s rulings underscore the tension between corporate interests and environmental responsibility, and it will be interesting to see how this unfolds in the coming years.
Dr. María López: Thank you for having me! It’s an important conversation that needs to continue as we navigate the complexities of energy policy and environmental stewardship.