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2119
Article ECORFAN Journal
ECONOMY December 2014 Vol.5 No.13 2119-2127
The relevance of legal stability for developing renewable energies. The case of the
Galician wind sector
VARELA - Pedro†*, SÁNCHEZ- María
Universidad de Santiago de Compostela
Received March 22, 2014; Accepted November 21, 2014
___________________________________________________________________________________________________
The energy sector depends strongly on public regulation and needs/requires/entails a minimum
remuneration, because of its capital-intensive condition. Renewable energies sources are not an
exception and they could also make easier the industrial diversification and job creation. Hence, the
stability of the regulation framework, especially in the case of new energy sources, is essential due to
its positive impact on the emergence and consolidation phases. As several studies show, instability
could cause a reduction, or even a shutdown, in their development and economic contribution. Then, it
is crucial to quantify the socioeconomic costs of common changes in regulation. The main aim of this
paper consists of analysing the economic impact of wind energy regulation instability on Galicia. The
wind energy sector was one of the most important drivers in the regional economy, but there are no
quantitative studies focused on this issue. Galicia is a Spanish north-west region with the third highest
wind energy installed capacity, roughly 3.300 on-shore MW in 2012, but in a steady state from 2008
due to a legislative shutdown. Wind energy and hydroelectric power represent the main renewable
sources. This paper underlines the importance of long-term policies and clear guidelines in the
development of wind energy in terms of its economic impact. Concerning the theoretical framework, it
is based on the systemic approach of the Innovation System (IS). The main results show significant
negative effects on the macroeconomic variables during the period when the instability in the
regulation framework became more evident.
Poverty, Wind energy, Regulation stability, Economic impact, Galicia
___________________________________________________________________________________________________
Citation: Varela P, Sánchez M. The relevance of legal stability for developing renewable energies. The case of the Galician
wind sector. ECORFAN Journal 2014, 5-13: 2019- 2127
___________________________________________________________________________________________________
__________________________________________________________________________________________________
*pedro.varela.vazquez@usc.es
† Researcher contributing first author.
© ECORFAN Journal-Mexico www.ecorfan.org
2120
Article ECORFAN Journal
ECONOMY December 2014 Vol.5 No.13 2119-2127
ISSN-Print: 2007-1582- ISSN-On line: 2007-3682
ECORFAN®All rights reserved.
Varela P., Sánchez M. The relevance of legal stability for
developing renewable energies. The case of the Galician
wind sector
Introduction
Legal stability constitutes a necessary condition
in order to make easier the emergence and
development of a capital-intensive sector as the
case of wind energy. This kind of processes
triggers industrial diversification, the possible
creation of industrial agglomerations as well as
the emergence of new technological paths.
However, instability could cause temporal
disruptions and even a permanent shutdown
with crucial effects on the regional economy,
mainly, in some cases with a significant amount
of accumulative installed capacity. Thus, it is
important to analyse and quantify the stability
phenomenon from the economic and regional
perspectives. The main aim of this paper is to
analyse the economic impact of wind energy
regulation instability on the Galician economy.
Galicia is a Spanish regional leader in terms of
wind energy and hydropower installed capacity.
Then, renewable energies would play a role of
economic driver with essential positive
socioeconomic effects on the whole economy.
However, legal framework constitutes a
continuous concern since 2007.
The theoretical approach is based on the
systemic perspective of Innovation Systems
(IS) and the analysis of the wind energy value
chains. It should be outlined due to the different
underlying dynamics. Hence, we are able to
analyse more accurately the impact of the legal
instability on the sector. Concerning the
structure, first of all, we analyse the role of
institutions and, especially, the legal
framework, in the emergence and consolidation
phases of the wind energy sector. Later, we
describe briefly the main characteristics of the
wind energy sector in Galicia at the present.
Afterwards, we show the estimation of the wind
energy sector in terms of the regional GDP
within the period 2000-2010 and the impact on
this trend of the legal shutdown.
1 The role of institutional framework in the
emergence and consolidation of wind energy
The emergence of new sectors is not an
automatic process in which a combination of
market-led forces as well as public-led forces
should collaborate in order to build a
comprehensive structure. Some kinds of
externalities, related to the “self-discovery”
(information externalities) and the need of
simultaneous investments in different sectors
(coordination externalities), do not enable an
automatic emergence based only on market-led
forces (Haussman & Rodrik, 2003; Rodrik,
2004). For these reasons, background and pre-
emergence conditions are crucial because of
their effects on the initial inertias, critical mass
and interactions.
Concerning the emergence and
consolidation phases of new sectors, innovation
constitutes a key factor in the process of
creation and diffusion of new knowledge and
techniques. The concept of innovation is
closely related to the set of stakeholders and
institutions which play an active role in the
sector maturation. At that point, the concept of
National System of Innovation (SNI) arises;
this refers to a combination of “elements and
relationships which interact in the production,
diffusion and use of new and economically
useful knowledge” (Lundvall, 2010, p. 2). A
systemic approach should emphasize the role
played by institutions in a broad sense, that is, a
set of formal (legislation, standards and so on)
as well as informal institutions, such as habits
or routines. These institutions are playing an
essential role in the creation and diffusion of
innovation (Edquist, 1997; Edquist & Hommen,
2008). Public sector plays gradually an active
and central role, not only as a supplier of formal
institutions; but also as a source of new policies
and strategies (Sánchez, 2007; Gregersen &
Jonhson, 2008; Gregersen, 2010).
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Article ECORFAN Journal
ECONOMY December 2014 Vol.5 No.13 2119-2127
ISSN-Print: 2007-1582- ISSN-On line: 2007-3682
ECORFAN®All rights reserved.
Varela P., Sánchez M. The relevance of legal stability for
developing renewable energies. The case of the Galician
wind sector
Concerning its role in the innovation
process of renewable energies, public policies
could be horizontal market-friendly programs
without specifying any sector, or targeted
programs which are focused on a particular
sector or technology (Avnimelech & Teubal,
2007, 2008). Both kinds of programs could
enhance the renewable energy development by
means of science support or demand (del Río,
2007). Science support polices (technology
push) are mainly concentrated on the
technological infrastructure. These programs
involve basic and applied research,
demonstrations activities as well as diffusion
issues. Energy legislation constitutes an
essential tool in order to boost the diffusion
through several instruments like feed-in tariffs
schemes, green certificates, or quotas (Couture
& Gagnon, 2010; Söderholm, 2008; Campos &
Klagge, 2013)
i
. The main aim of these
instruments is to increase the installed capacity
and, therefore, a unit cost reduction because of
a progressive movement in the learning curve.
Nowadays, the final goals refer to
environmental issues, industrial diversification,
national energy security and economic growth.
Albeit, diffusion could be foster through
demand side policies, such as direct financial
promotion of private demand (Edler, 2006).
Additionally, feed-in tariffs, quotas and green
certificates could be classified as demand side
policies (Lewis & Wiser, 2007; Campos &
Klagge, 2013), because they are also considered
as indirect subsidies which enhance the
consumption of energy from these sources by
means of a reduction in prices. Then, these
policies also increase the market size.
Other kinds of supply policies are the
local content requirements (nowadays
widespread in Europe, China and Latin
America), quality certification or the
implementation of standards in the
manufacturing or installation processes
(Campos & Klagge, 2013).
A good example of standards
implementation in wind energy is the Risø
National Laboratory (Technical University of
Denmark). The implementation of standards
from the public sector or private sectorial
organizations is crucial due to its positive
effects on triggering incremental innovations.
Demand-side support policies (demand
pull) depend on learning by doing processes
within the value chain, with suppliers,
customers or competitors; and the role of
environmental standards and mandatory
renewable energy targets. Financial and tax
incentives represent essential support
mechanisms in the wind energy deployment
(Campos & Klagge, 2013). We also add the
aforementioned case of the feed-in tariffs
scheme and green certificates.
Given the central role of institutions and
public sector in the innovation process and the
emergence of renewable energies, it should not
be underestimated the importance of
institutional stability (Pavitt, 1984). This
stability combined with clear guidelines and
institutional learning processes constitutes a
key factor to enhance public policy design
(Gregersen & Jonhson, 2008).
The learning policy process refers to a
conscious evolutionary progression in which
policy makers and experts develop
competences, called direct policy learning, and
another indirect way linked to “learning by
doing” or “learning by accident” (Ib.). Then, it
is necessary a minimum level of institutional
capability as well as a long-term definition of
policy goals in order to provide enough
financial support and stability, especially in
wind energy in which there are high fixed costs
(EWEA, 2009).
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Article ECORFAN Journal
ECONOMY December 2014 Vol.5 No.13 2119-2127
ISSN-Print: 2007-1582- ISSN-On line: 2007-3682
ECORFAN®All rights reserved.
Varela P., Sánchez M. The relevance of legal stability for
developing renewable energies. The case of the Galician
wind sector
Long-term policies which foster
renewable energy diffusion by means of
financial support and the creation of market
demand are essential to reduce the level of
uncertainty and increase the financial turnover
especially throughout the early steps of
development.
Some successful development lessons in
wind energy show us the importance of
defining and implementing clear guidelines and
social consensus over time (Christensen, 2010).
The lack of institutional stability causes
important shutdowns in the deployment of
industrial agglomerations, such as peripheral
clusters (Gorenstein & Moltoni, 2011). In those
kinds of agglomerations, the macroeconomic
and institutional volatility, in a broad sense, and
the shortage of critical mass, technological and
human capital capabilities hinder the emergence
and consolidation of the cluster. In these
development steps, public policies make easier
to overcome initial inertias and barriers. Some
dynamics in peripheral clusters represent
vicious cycles, in which there is a lack of
regulation and also a wrong design.
The uncertainty about future trends
hampers innovation processes and the creation
of interactions and critical mass. In addition,
these negative effects have significant impact
on the regional economy through the decrease
of the final demand (decline in investment,
consultancy, financial and maintenance services
and so on).
They reduce the economic impact in
terms of production, backward and forward
linkages or employment as well as energy and
industrial diversification. Thus, there is a direct
relationship between legal instability and
economic impact, mainly when one single
region has a significant amount of renewable
energy production.
2 The Galician wind energy sector: evolution
and current situation
In Spain, the power of legislative development
and implementation of the special regimen
ii
of
electrical production were assumed gradually
by the Autonomous Communities (Spanish
regions). Central Administration is in charge of
the competencies related to the coordination
and planning of energy policies and the basic
legislation of agreements and administrative
authorisations. Likewise, the central
government has the legislative power over
remuneration models (Bacigalupo, 2010). The
regional government is in charge of the
regulation competency of the electricity power
installations, transport and distribution set in
Galicia. In this sense, the regional government
is also in charge of spatial planning of wind
energy, organisation and solution of
controversial issues about wind energy and the
approval of new installations. Besides, regional
governments could also implement local
content requirement policies through industrial
plans.
The commercial development of wind
energy in Galicia began around the mid-90s,
when large conglomerates, such as Endesa,
were interested on using the existent wind
resources. Nevertheless, this exploitation was
previous to the first Galician Wind Energy
Sectorial Plan (PESG), which was approved in
1997.
In spite of that normative delay, wind
energy developed in Galicia significantly from
2000 until 2008, turning into the Spanish region
with more installed capacity, shows two
completely different trends between 2000 and
2012 in Galicia. The first one goes from 2000
until 2008, characterised by a continuous
growth of installed capacity, higher than 50% in
some years.
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Article ECORFAN Journal
ECONOMY December 2014 Vol.5 No.13 2119-2127
ISSN-Print: 2007-1582- ISSN-On line: 2007-3682
ECORFAN®All rights reserved.
Varela P., Sánchez M. The relevance of legal stability for
developing renewable energies. The case of the Galician
wind sector
In 2008, normative instability increased
due to the fact that the government tendering
was appealed and there were several regulatory
decrees in the sector. The economic crisis and
the gradual reduction of premiums to renewable
energies of the special regimen also triggered a
strong reduction in the installation of new
capacity, characterising a new phase of slow
growth.
Nowadays, Spain does not allow register
new installations in the special regimen, then
wind farms owners do not have right to
perceive a premiums by the electrical
production generated.
Graph 1
Table 1 shows the main regional
legislations and government tendering in
Galicia. The first decree (1995) introduces the
concept of industrial plans and the local content
requirements.
The main aim was to enhance an
industrial sector related to wind energy, but the
lack of administrative control hampers this goal
(Simón et al, 2010). In the next regulation
(2001), the figure of the singular wind farms
arises.
This kind of installations enables local
stakeholders (such as municipalities,
landowners and so on) to participate in wind
farms. However, the success was really limited
in terms of the number of stakeholders and
power capacity.
Main characteristics
Duration
Decree
205/1995
Most important
legislation in terms of
power capacity
installediii.
Industrial plans and
local content
requirements.
1995-2001
Decree
302/2001
Singular wind farms.
2001-2007
Decree
242/2007
Public sector
participation in wind
farms.
Environmental
protection of special
areas.
2007-2009
Government
tendering
Allocation of 2325
MW.
Government tendering
appealed.
2008
Law 8/2009
No chance of public
sector participation in
wind farms.
New taxes per wind
turbine. Environmental
Compensation Fund.
2009-at
present
Government
tendering
New stakeholders.
Allocation of 2325
MW. No progression.
2010- at
present
Table 1
The aforeomentioned instability
arose after several radical changes in the
regional legislation. In fact,
Table 1 shows that between 2007 and
2010, there were two complete different
legislations and two government tenderings.
The former decree (2007) highlights the public
interest in wind energy which enables public
sector to participate in the wind energy
development. There was also a government
tendering linked to this decree, but it was
appealed in 2008. The new regional
government developed another legal framework
in 2009 which gave up the idea of public
participation in wind energy farms.
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Article ECORFAN Journal
ECONOMY December 2014 Vol.5 No.13 2119-2127
ISSN-Print: 2007-1582- ISSN-On line: 2007-3682
ECORFAN®All rights reserved.
Varela P., Sánchez M. The relevance of legal stability for
developing renewable energies. The case of the Galician
wind sector
Albeit, one of the most crucial factor
which makes easier the shutdown was the total
change of stakeholders between the two
goverment tenderings.
The role played by public
administrations in order to regulate Galician
wind energy sector and foster its development
was focused only on increasing the installed
capacity, setting aside industrial or
environmental aims such as the protection of
special green areas (Simón et al., 2010; Varela
& Sánchez, 2014). Likewise, the lack of
administrative control of the fulfilment of the
industrial plans and environmental controls
reduced substantially the positive impact of the
wind energy development on the
socioeconomic framework (Ib.).
3 Impact of legal stability on wind energy
development and regional economy
The empirical methodology is based on the
input-output approach and the analysis of the
wind energy value chains (Varela et al., 2013;
Varela & Sánchez, 2014a).
The economic impact diagnosis has to
keep in mind the regional special features as
well as the distinctive characteristics of value
chains (Llera et al., 2010). This paper focuses
only on the relation between legal stability and
the Galician wind energy sector, omitting the
methodological explanations
iv
. Concerning the
estimation of the sector, we make a breakdown
in order to undertake a more accurate analysis
because of the different sectorial as well as
temporal underlying dynamics in both kinds of
activities. In this sense, we differentiate
between temporal activities and permanent
ones. The former constitute the investment
related to the installation of wind farms such as
the wind turbine components, grid connection,
civil work or consultancy activities.
The flow of this kind of
activities is volatile because it depends
on the annual installed capacity in the
region. Permanent activities refer to
operation and maintenance tasks
(O&M) and the electricity production,
and they depend on the cumulative
installed capacity.
Graph 2 shows the weight of the wind
energy sector and of each of its different
components in the regional economy. This
quantification is crucial in order to measure the
size of the sector in relation to the whole
economy. It also emphasises the importance of
public policies which boost the sector, as well
as its potentialities. Equally, it can check the
impact of the economic cycle and normative
changes on the sector. Besides, the breakdown
based on the value chain stands out the relative
importance of each subsector.
Graph 2
The weight of the wind energy sector in
the Galician economy changes substantially
over time. In 2005 reached the highest value
(1,16% of the GDP) due to the installation of
new wind farms (supposed almost 0,69%) and
the electricity production (0,42%). That year
constituted the moment with more new installed
capacity, with 540 MW. However, it also
reached lower figures, such as at the beginning
and at the end of the decade (0,40 and 0,54%,
respectively). Between 2001 and 2007, the
contribution to the economy was above 0,70%.
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Article ECORFAN Journal
ECONOMY December 2014 Vol.5 No.13 2119-2127
ISSN-Print: 2007-1582- ISSN-On line: 2007-3682
ECORFAN®All rights reserved.
Varela P., Sánchez M. The relevance of legal stability for
developing renewable energies. The case of the Galician
wind sector
It should be also emphasised the
contribution of the installation of new wind
farms to the GDP until 2007. During this year,
it was always above 0,3%, therefore, it
constitutes the main driver in the wind energy
sector and with an essential additional output
increase in the economy.
This evolution reflects the large sector
peak, with installed capacity annual growth
rates higher than 10% and even reaching 57%
in 2001. Since 2007, there were two complete
different sectorial legislations with opposite
guidelines and the shutdown of the wind energy
appeal in 2008. Likewise, it is necessary to
emphasise current changes in the remuneration
regimen and the new context of economic
crisis. The result was a crucial shutdown in the
installation of new capacity, which blocked the
sectorial development. The dependence on the
installation of new capacity highlights the
harmful effects that the paralysis of wind
energy appeals triggered in the Galician
economy.
At the end of the decade permanent
activities play a palliative role in contrast to the
unfavourable evolution of the annual installed
capacity, because their contribution to the GDP
has increased. This fact is mainly justified by
the contribution of the electricity production
with the exception of meteorologically bad
years. The special regimen has preference in the
energy market; therefore, it is not affected by
the fluctuations of the energy market.
Likewise, the contribution of operation and
maintenance activities is insignificant
(underneath 0,1% of the GDP). Consequently,
it does not constitute an economic driver.
Hence, there is no sufficient wind turbines
stock in order to reach an important
contribution to the economy. The permanent
component of the sector has not still significant
size to sustain a repair market.
Given the current sectorial stagnation
and its capital-intensive feature, a positive
development would go through a growth in the
onshore or offshore installed capacity, or by
repowering the current wind farms. In this last
case, it is necessary a legislative reform,
especially in the remuneration regimen
v
, in
order to increase the expected profitability.
4 Conclusions
Legal stability constitutes a key factor to
provide financial security as well as it plays a
role of enhancing innovative processes. This
stability is essential, mainly, in the case of
emerging sectors which have to face
technological and institutional inertias and
barriers. Experience shows us the necessity of
implementing clear and long-term guidelines
which make easier the emergence and
consolidation of any new sector. These policies
should combine supply-side as well as demand-
side measures in order to take into account the
systemic features of innovation processes.
Then, instability has an important impact on
both the sectorial development and the
economy through the investment and
production channels.
In some wind energy peripheral clusters,
instability hinders the sectorial development
and the potential chance of industrial
diversification mainly in the case of regions
with high level of wind energy installed
capacity.
In these situations, the economic
quantification of instability is crucial due to its
effect in terms of linkages, output as well as the
measure of its potentialities. The analysis of the
Galician wind energy sector, by means of the
value chain approach the input-output analyses,
shows us an important loss of total output (as a
sum of direct and indirect effects) because of a
decisive legal shutdown in 2008. This
shutdown was a consequence of two totally
2126
Article ECORFAN Journal
ECONOMY December 2014 Vol.5 No.13 2119-2127
ISSN-Print: 2007-1582- ISSN-On line: 2007-3682
ECORFAN®All rights reserved.
Varela P., Sánchez M. The relevance of legal stability for
developing renewable energies. The case of the Galician
wind sector
different legal contexts within two years and the
paralysation of the government tendering. In
fact, we could quantify this loss in more than
0,5% of GDP within its peak reached in 2005
and 2008. The economic crisis also sharpens
that trend.
This legal instability affects seriously
the wind energy sector because it is a capital-
intensive sector and it needs more than 1
million of euros per onshore MW.
The role played by legal framework is
due to the sectorial dependency on new
installed capacity. Temporal activities were the
most important in the wind energy value chain
and for this reason, the sector is very sensitive
to normative changes.
Thus, there are few options available
and all of them go through repowering wind
farms or installing new onshore or offshore
capacity.
5 Acknowledgements
The authors would like to thank the valuable
assessment of Xesús Pereira López in
methodological issues.
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