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Fatima Shahid

CNMC Recommends Measures for Red Eléctrica to Strengthen Functional Separation

16.07.2024 | Spanish competition authority

The CNMC recommends various measures to enhance the functional separation of Red Eléctrica's activities, focusing on independence, protection of sensitive information, and compliance supervision.


Red Eléctrica (REE) in Spain conducts regulated activities of operating and transporting the electric system through its subsidiary. Legislation requires REE to establish a specific unit solely responsible for system operation, ensuring proper separation from other group activities to prevent conflicts of interest, especially concerning transportation.

The CNMC oversees the compliance level with obligations related to this functional separation, requiring measures to ensure independence, protect sensitive information, and monitor compliance.

The CNMC highlights asymmetry between the electricity and gas sectors regarding legal separation of technical operation/management, which is only mandated for the gas sector.

The CNMC's recommendations include extending obligations on independence to individuals representing the group's parent company, ensuring variable remuneration for system operation unit leaders is independent of group-level goals, and enhancing physical separation to prevent the sharing of commercially sensitive information.

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