Key Benefits:
Bs. As., 17/3/61
VISTO draft regulation of Law No. 15,336 raised by the Federal Council for Electrical Energy, and
CONSIDERING:
That the Federal Council for Electrical Energy should project the regulation of Law 15.336 within 30 days of its constitution;
That in the face of the precariousness of the legal term, the Federal Council for Electrical Energy has considered it appropriate to project the regulation of those most notorious emergency articles, thus enabling the immediate functioning of the institutions and agencies that make the essence of the law;
With regard to the chapters of the law relating to "Concessions and Authorizations", "Importation and Export of Electrical Energy", "Prices and Rates" and " Zonal Committees", the Federal Council for Electrical Energy has thought it appropriate to postpone the regulation, it is attentive to the need to undertake a comprehensive study that will enable an analysis appropriate to the importance of the subjects it understands;
That the draft regulation is clear and in line with the proposed purposes, and it has only been necessary to adapt it to a few of its clauses, to the need to give greater clarity and security to the provisions of the law;
Therefore,
The President of the Argentine Nation
Decrete:
Article 1. Approve the partial regulation of Act No. 15,336 recommended by the Federal Council on Electrical Energy.
Art. 2o. Partially rule Act No. 15,336, as follows:
Article 1 The activities of the electrical industry governed by Act No. 15,336 (Art. 1 of the Act) are subject to this regulation.
Article 2o.- Where the executive branch or any of its dependent bodies should consider or resolve problems related to the generation, transformation and transport of electrical energy, which would be included among which section 6 of Act No. 15,336 declares of national jurisdiction, prior rulings of the Federal Electrical Energy Council should be required with respect to the relevant jurisdiction.
Article 3.- The Executive Power, through the Energy and Fuel Secretariat, shall, upon presentation of the relevant evidentiary elements, authorize the respective stakeholders to promote judicial expropriation proceedings (Art. 10 of the Law).
Article 4o.- Please note in ninety days from the date of receipt of the respective history, the time limit provided for in article 11 of the Act, for the Federal Council to produce rulings, which the Executive Power may dispense with, except for an extension granted to it to its request (Art. 11 of the Act).
The same procedure shall be applicable to all cases in which no time is foreseen or when the respective proceedings are rotated, the Secretariat of State for Energy and Fuel shall not establish it.
Article 5o.- It is established that the provisions of article 12 of the Act are not extended to the marketing of electricity at the stage of distribution to users of public services (Art. 12 of the Act).
Article 6o.- The Ministry of Energy and Fuel shall regulate the functioning of the Federal Council in relation to its relationship with it, and with the technical and administrative bodies referred to in article 27 of the Act.
The Federal Council will be based in the Federal Capital and will be able to sit anywhere in the country. It is his task that points to the Law, which is provided for by this regulation and that which is entrusted to him by the Executive Branch (Art. 24 of the Law).
Article 7o.- At the meetings of the Federal Council, the performance of its members shall not be subject to prior consultation or mandate of its representatives, without prejudice to the reporting of its mission to the appropriate person.
The alternates will automatically assume representation in the absence of their holders or at their express request when both are present.
Members who have the representations provided for in section 25 (b), (c) and (e) of the Act may be replaced to act on the Federal Council by the respective alternates to be appointed by the Executive Branch.
Members of the Federal Council, holders and alternates shall enjoy monthly compensation for performance of function and representation costs.
As members of the Federal Council, the provisions of Decree-Law 6666/57 shall not apply to them.
The Energy and Fuel Secretariat shall appoint a Registrar. Its designation and removal shall be operated on the proposal of the Federal Council (Art. 25 of the Act).
Article 8. The Federal Council shall constitute the Committee provided for in article 26 of the Act, which shall conform to the following:
(a) It shall be called the Executive Committee and shall be composed of the representative of the Energy and Fuel Secretariat, who shall preside over it, and six members of the Federal Council. The alternates of the designated holders are automatically alternated in the Executive Committee.
(b) Its members will last two years in their functions and will be renewed by half each year, being eligible to be re-elected for successive periods; when constituted, it will be determined by lot which will cease the first year. When the holder and the alternate of a representation cease, the respective vacancy occurs automatically, which will be filled to complete the corresponding period;
(c) All members of the Committee shall enjoy additional compensation to members of the Federal Council;
(d) The Committee shall have the task assigned to it by article 26 of the Act and shall exercise the functions delegated by the Federal Council, with the express exception that this delegation shall not be extended, even in matters of an urgent nature, to the provisions of the law in the following articles: 6o, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 30, inc, 39, 36, 38, 26).
Article 9o.- The Council shall forward to the Ministry of Energy and Fuels, by 31 July of each year, its cost estimates for the following year (Art. 29 of the Act).
Article 10.- The National Directorate of Energy and Fuels will provide in a quarterly manner to the Federal Council, the information regarding the status of the funds "Nacional de la Energía", "Nacional de la Energía Eléctrica", and "Special of Electrical Development of the Interior" including: anticipation and realization of income and egress, with discrimination in each case of the origin of the revenues and the destiny of the egresses in such a way that the Federal Council can adjust the
Article 11. The Federal Council shall, at the request of the provinces, consider its electrification plans, in order to distinguish:
(a) Supplementary general plans, immediately or medium, of national plans;
(b) Other plans that do not meet the conditions set out in the preceding subparagraph are of interest to the provinces.
Approved by the Federal Council, the amounts allocated for its implementation shall be awarded as contributions, without return to the Fund, for the works of subparagraph (a) and as loans for those of subparagraph (b).
The goods delivered and the works carried out or carried out by the provinces, with resources from the Electric Power Reserve Fund and the Rural Electrification Fund (Art. 33 of the Law), are incorporated into this regime.
Article 12.- The Secretariat of State for Energy and Fuels through the relevant technical body shall maintain an annual update of the systems referred to in art. (a), (b), (c) and (d). 35 of the law, making it known officially to the Federal Council. In cases of doubt or claims for the inclusion or exclusion of certain works and installations in the Register, the Federal Council shall have to intervene by producing opinions (Art. 35 of the Act).
Article 13.- In cases of disagreement between the respective provincial authority and the Electrical Water and Energy Company, on the conditions of operation and regime of mutual service for the purposes of the cargo dispatch, referred to in the last paragraph of article 38 of the law, may be required by any of the parties concerned, the intervention of the Federal Council or by agreement thereon, the arbitration of the Energy and Fuel Secretariat, subject to the opinion of the Federal Council (Art. 38).
Article 14.- For the purposes provided for in the last paragraph of article 39 of the Act, the entities through which the State sells the electricity block, or provides the electricity services, shall follow the apprehension route established in Title XXV of Law 50, for the collection of its invoices, regardless of the type and date of the supply and the marketing stage in which the sale has been made. Such entities shall, in effect, issue a debt certification emanating from the unit which, by resolution of its superior authorities, has been authorized to that end, must include in such records all the concepts that make up the billing (Art. 39 of the Law).
Article 15.- The Energy and Fuel Secretariat shall establish, within the first year of this Regulation, the general accounting plan to which its books and accounting, the State or private companies that integrate national electrical systems (Art. 41 of the Act).
Article 16.- In order to interconnect any centre to the National Electrical Systems, prior opinion of the Federal Council (Art. 42 of the Act) shall be required.
Article 17.- In cases of claims under article 43 of the Act, the Federal Council ' s Views (Art. 43 of the Act) shall be required.
Article 18.- The application of the regime authorized by article 44 of the Act shall be subject to a decision of the Federal Council (Art. 44 of the Act).
Article 19.- The powers, powers and functions set forth in articles 31, 33, 34, 37, 41 and 42 of Law 15,336 shall be exercised by the National Directorate of Energy and Fuels.
(Note Infoleg: article declared fully in force by art. 2nd Decree No. 1640/1963 B.O. 04/01/1964)Article 20. The Federal Council shall bring to the consideration of the Executive the draft extensions and modifications to this regulation, supplementing it (Art. 48 of the Law).
Art. 3o. This decree will be endorsed by the Minister Secretary in the Department of Economics and signed by the Secretary of State for Energy and Fuels.
Art. 4o. Contact, post, give to the General Directorate of the Official Gazette and Prints and archvese.
FRONDIZI . Alvaro Alsogaray . Luis A. Polledo.
- Note Infoleg: Article 19 partially repealed, insofar as it attributes to the National Directorate of Energy and Fuel the powers, powers and functions agreed to by Act No. 15,336 in its article 37 (a), (b), (d), (g) and (h) to the State Secretariat for Energy and Fuel, by art. 3rd Decree No. 9129/1963 B.O. 04/01/1964; - Note Infoleg: Article 19 partially repealed, insofar as it attributes to the National Directorate of Energy and Fuels, the powers, powers and functions agreed upon by articles 33 and 34 of Act No. 15,336, to the Secretariat of State of Energy and Fuels, by art. 1st Decree No. 9128/1963 B.O. 04/01/1964.
