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Spain Clears Final Advisory Step Toward Strict Data‑Center Rules Before Election

Unanimous Council of State advice lets the government seek ministerial approval, a move likely to provoke legal challenges that raise investor uncertainty.

Overview

  • The Council of State issued a unanimous opinion on Friday, November 6, clearing the last formal hurdle so the government can take the revised royal decree to the Council of Ministers before the November 29 election.
  • The draft ties new approvals to long-term power purchase agreements of at least six years, new renewable generation that would cover up to 80% of hourly use, battery storage and mandatory operator-managed flexibility that allows disconnection without compensation.
  • Government modelling used a high‑case 10,000 MW deployment by 2030 to show risks to the power system, estimating doubled use of gas plants and a tripling of variable generation costs under an uncontrolled build‑out.
  • The data‑center industry rejects the draft as infeasible, cites a Wood Mackenzie study for a 3,000 MW central scenario that projects only modest price effects, and warns the rule threatens announced investments totalling tens of billions of euros.
  • A large gap remains between connection permits exceeding 12,000 MW and more realistic operational forecasts of 2,500–4,000 MW by 2030, leaving near-term policy, investment and court battles as the next likely outcomes.