Overview
- The government sent the revised real decree to the Consejo de Estado on Monday, October 26, 2026, and limited its coverage to data centers with 10 MW or more of access power.
- The draft keeps an 80% hourly renewable target as the long‑term goal but creates a five‑year transitory regime with phased targets of 60% in peak hours then 70% in peak and off‑peak hours, tied to operator‑managed flexibility under REE’s SRAP.
- Centers that join the moratorium must let Red Eléctrica manage or disconnect them without payment, making them the first facilities to be curtailed in system emergencies.
- The revision relaxes technical and contract rules by allowing storage to count, lengthening eligible renewable plant age to 36 months (and up to 60 months for projects judged EU‑strategic), and cutting minimum PPA terms from 10 to 6 years.
- The decree preserves strict water‑efficiency and an energy‑efficiency (PUE) methodology to be set by the Ministry, offers special, more lenient treatment for EU‑strategic projects such as the Mora la Nova AI gigafactory, and is being pushed for approval before the November 29 election.