Resources · Guide
Flexible access permits: what they are and what the CNMC requires
A short guide to the new Spanish framework: when flexible access is granted, how it is limited, which dates matter and what must be recorded.
Updated November 2026. General information; not legal advice.
What a flexible access permit is
It is a permit to connect demand to the grid when there is no firm capacity left at that node. In exchange for connecting sooner, the holder accepts that their flexible power may be limited under certain conditions.
It is regulated by the resolution of the Spanish regulator (CNMC) of 31 July 2026 (Official Gazette, 11/08/2026), effective from 1 September 2026. Batteries in demand mode are always assessed as flexible access.
The four types
| Type | Grid | How it is limited |
|---|---|---|
| 0 · Patterns | Distribution, > 1 kV | A fixed hourly pattern. Outside the pattern the flexible power cannot be used. |
| 1 · Remote disconnection | Mainland distribution, ≥ 30 kV | The DSO opens the breaker on an N-1 unavailability, preventively or correctively. |
| 2 · With instructions | Mainland distribution, ≥ 30 kV, > 1 MW flexible | Limitation instructions day-ahead or in real time; if not followed, remote disconnection. |
| 3 · Transmission | Transmission grid, > 1 MW | Automatic reduction managed by the system operator. |
Type 2 is the one that requires automated, predictive decisions: a permit can be limited even when nothing has failed.
Key dates
- 1/09/2026
- The CNMC resolution takes effect.
- Every year, before 1 June
- DSOs report to the CNMC on the use of flexible permits: power in service, number of reductions, causes and power affected, by type.
- 2/12/2027
- AI Act obligations start to apply to high-risk AI systems used as safety components in electricity supply.
- 1/1/2028
- DSOs must have the analysis and operation tools for Type 2 permits.
What must be recorded
Every disconnection and reconnection instruction must be recorded completely and auditably, with date, time, duration, affected installations and cause. The record must be available to the holder and the CNMC (POD1, section 10).
«registrada de forma íntegra y auditable»CNMC resolution of 31/07/2026, annex V (POD1), section 10 (Spanish original)
No compensation
Curtailments and disconnections of a flexible permit do not count as interruptions for quality-of-service purposes and carry no right to compensation. That is why the justification of each curtailment is what can be disputed.
Where Flexgy fits
Flexgy is an assurance layer for Type 2 decisions: it calibrates the margin of each limit, abstains on never-seen states and leaves an Evidence Passport per decision, designed to support the record and the annual report.
See the platform →