Key Benefits:
VISTO the sanction of Law No. 24,065 and the Record of the SECRETARIAT of ELECTRIC ENERGY, and
CONSIDERING
It is essential to regulate some of the provisions contained in the Act for the purpose of its immediate implementation.
That, in turn, given the regulatory criteria contained in Act No. 24,065 and the complementary nature of the Act No. 15,336, it is appropriate to specify the scope of its
content, in particular with regard to the characteristics of the granting of public distribution service as well as the basis of calculation of the Hydroelectric Regulatory regulated by Article 43 of Act No. 15,336, as amended by Act No. 23,164, given the repeal of Article 90 of Act No. 24,065 of Article 39 of Act No. 15,336.
That the NATIONAL EXECUTIVE POWER is entitled to the dictation of this act by virtue of the powers conferred by Article 67 of Law No.23.696, by Article 91 of Law No.24.065 and by Article 86 (2) of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT
OF ARGENTINA NATION
RIGHT:
Article 1 Approve the "Regulation of Law No.24.065", which as Annex I is an integral part of this Decree.
Art. 2o- Please approve the "Regulation of Article 18 and Article 43 of Act No. 15,336, as amended in the latter case by Act No. 23,164, which as Annex II is an integral part of this Decree.
Art. 3o- This decree shall enter into force from the date of its publication.
Art. 4o- Contact, post, give to the National Directorate of the Official Register and archvese.- MENEM - Domingo F. CAVALLO
Annex ILAW REGLAMENT N.24.065
CHAPTER I
Object
ARTICLE 1: Attract the character of public service to the activity of distribution of electric energy because of its condition as a natural monopoly. Its regulation should be the setting of rates to be applied and the quality control of service delivery.
Characterize transport activity as a public service by its monopoly nature. However, it shares the market's own rules for the particularities it presents in its expansion. Such conditions should be taken into account by the SECRETARIAT OF ELECTRIC ENERGY in establishing the specific regulation of such activity and by the NATIONAL ELECTRICITY ENTER in exercising the functions assigned to it by Law N.24.065.
The power generation activity to respond to the free supply and demand game must be regulated only in those aspects and circumstances that affect the general interest.
CHAPTER II
General policy and actors
ARTICLE 2o- No regulation.
CHAPTER III
Transport and distribution
ARTICLE 3o- NATIONAL EXECUTIVE PODER shall take the necessary precautions for the purposes of the transfer to the Private Sector of the activity of transport and distribution of electricity currently carried out by the companies AGUA and ENERGIA ELECTRIC SOCIEDAD DEL ESTADO, HIDROELECTRICA NORPATAGONICA SOCIEDAD ANONIMA and SERVICES
La SECRETARIAT OF ELECTRIC ENERGY and the NATIONAL ENTER OF ELECTRICITY should implement the necessary mechanisms, in order to ensure that the activities described in the preceding paragraph remain in charge of the Private Sector.
CHAPTER IVGenerators, carriers, distributors and large users.
ARTICLE 4o- No regulation.
ARTICLE 5o The electrical power generation activity of thermal origin does not require prior authorization of the NATIONAL EXECUTIVE PODER for its exercise, however, that of hydroelectric origin will be subject to a concession of exploitation, in the terms of Article 14 of Act No. 15,336.
ARTICLE 6o- No regulation.
ARTICLE 7o- No regulation.
ARTICLE 8o- It will have as a reference value of the electrical energy that is received as a payment for hydroelectric royalty or other service, for the purposes of its wholesale marketing in the Spot Market, which corresponds, in such market, to the dealership of the hydroelectric plant in which such payment originates.
ARTICLE 9o- The holder of a distribution concession cannot own generation units. If this is a corporate form, its shareholders, such as natural persons or other legal persons, can do so.
10o- Consider "great user" to any user who by their consumer feature may enter into contracts for the sale of electric power in block with generators that define Article 35(a) of Law No. 24,065, being subject to national jurisdiction when such contracts are executed through the INTERCONEXION ARGENTINE SYSTEM (SADI).
Relay to the ENERGY SECRETARIAT of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS faculty to specify the power and energy modules and other technical parameters that characterize the "great user".
Please note that any market contract to Term (MEM) is executed through the Argentine Interconnection System (SADI). In turn, it involves operating in the Market Spot of the Electrical Market (MEM) to transfer the balances when they exist.
(Article replaced by Article 4 of the Decree No. 186/1995 B.O. 27/7/1995).
CHAPTER VCommon provisions for carriers and distributors
ARTICLE 11: The NATIONAL REGULAR ENTER OF ELECTRICITY shall establish for the system of transport, subject to concession, the magnitude of installation whose operation and/or construction requires the qualification of necessity, having to properly spread such characterization.
In cases where there are expansions of free transport and at the same risk, there will be no qualification of the need for expansion, without prejudice to authorizing its compatibility with the existing system and compliance with environmental regulations. The study that for such purposes carries out the entity shall serve as the basis for the granting of the license referred to in article 3 of Law No. 24,065, with the amendments introduced to it by article 2 of this Decree.
When the expansions of transport continue to improve or maintain the reliability of the system, the NATIONAL ELECTRICITY ENTER will perform the rating of the public need for such expansions.
(Article replaced by art. 12 Decree No. 804/2001 B.O. 21/6/2001. Restitution repealed by art. 1 Act No. 25.468 B.O. 16/10/2001).
ARTICLE 12: The individual who wishes to express his opposition to the construction and/or operation of electrical power distribution or transport installations that lack the certificate regulated by Article 11 of Law No. 24,065, must first be accredited, have affected a subjective right or a legitimate interest to the NATIONAL ENTER OF ELECTRICITY.
ARTICLE 13: No regulation.
ARTICLE 14: No regulation.
ARTICLE 15: The NATIONAL ENTER OF ELECTRICITY shall raise, through the SECRETARIAT OF ENERGIA ELECTRIC, within the end of the VEINTE SCIENTE (120) DIAS of its operationalization, a draft regulation that establishes the procedure to be applied to intervene and resolve in the matters specified in this Chapter.
ARTICLE 16: No regulation.
ARTICLE 17: THE SECRETARIAT OF ENERGIA ELECTRICA shall determine the standards for the protection of watersheds and associated ecosystems, to which the generators, conveyors and distributors of electrical energy should be subjected, in relation to the physical infrastructure, installations and operation of their equipment
ARTICLE 18: Without regulation
ARTICLE 19: Let the NATIONAL ENTER OF ELECTRICITY characterize, in each case in particular, whether or not an act of unfair competition or of abuse of a dominant position in the market
ARTICLE 20: No regulation.
CHAPTER VIProvision of services
ARTICLE 21: The NATIONAL EXECUTIVE PODER will only authorize concessions for the distribution of electrical energy whose regulation is based on the criteria contained in Article 1 of this regulation and provide penalties for the failure to comply with the standards of quality of service that affect the continuity of service delivery.
Distributors must meet any demand for supply of electricity during the term of the concession granted to them. They will be responsible for responding to the increase in demand in their concession area, so they will have to ensure their supply by entering into contracts for the sale of blocked electricity that it deems appropriate. They may not invoke the insufficient supply of electricity as a liability for non-compliance with the quality of service standards established in their concession contract
The National State shall not, under any circumstances, be responsible for the provision of electricity missing to supply the current or future demand of the distribution concessionaire.
Such concession contracts shall, in particular, respect the tariff provisions contained in the regulation of Article 40 (a), (b) and (c), Article 41 and Article 42 (c) and (d) of Law No. 24,065, the basic guidelines defined in the regulation of Subparagraphs (b), (d) and (f) of Article 56 of the above-mentioned Law, as well as the provisions of the Regulations of the Regulations and Rules.
ARTICLE 22. The NATIONAL ENTER OF ELECTRICITY should specify the criteria for the exercise of the right of free access to the transport capacity of the systems of the carrier and/or the distributor.
ARTICLE 23 -No regulation.
ARTICLE 24 -No regulation.
ARTICLE 25 -No regulation.
ARTICLE 26- The criteria for determining the minimum quality specifications of the Electricity that is placed in the transport and/or distribution system should be in accordance with the technical standards, which for such purposes establish the NATIONAL ELECTRICITY REGULAR ENTER.
ARTICLE 27- Consider suitable service to users that is provided in a whole according to the standards of quality of service that are defined in the specific concession contract and to which to this end establishes the NATIONAL ENTER OF ELECTRICITY.
ARTICLE 28: No regulation.
ARTICLE 29: No regulation.
CHAPTER VIILimitations
ARTICLE 30: No regulation.
ARTICLE 31: THE SECRETARIAT OF ENERGIA ELECTRICA must control that, as a result of the privatization modality laid down by Articles 93, 94 and 95 of Law No. 24,065, the division of electrical activity currently in charge of the companies AGUA and ENERGIA ELECTRICAS SOCIEDAD OF THE STATE, HIDROELECTRICA NORPATAGONICA SOCIEDAD ANONIMA and ELECTRIC SERVICES OF THE GRAN GOOD ANONIMA, in generation, distribution and transport, is carried out in such a way that it prevents the ELECTRIC MERCADO MAYORISTA from becoming a monopoly or an oligopoly. The aforementioned Secretariat shall, in turn, ensure that the status of free competition is maintained in this area, and must, to that end, dictate the necessary rules to prevent the control of enterprises that develop such activities from being concentrated in a single economic group.
Add to ENERGIA SECRETARIAT ELECTRICA to authorize the construction of a particular transport line, at the exclusive cost of the distributor, generator and/or large user that requests it, which must establish, in that act, the rules governing the modalities and mode of operation of the transport line. Such special-use transport is not the condition of public service.
ARTICLE 32- No regulation.
ARTICLE 33- Determine that it shall only meet the status of non-endoseable, in the terms of Article 33 of Law N.24.065, the percentage of share capital that determines the corporate control of a distributor or carrier company.
CHAPTER VIII
Export and import
ARTICLE 34- No regulation.
CHAPTER IXCharge disposal
ARTICLE 35: THE SECRETARIAT OF ENERGIA ELECTRICA must, in dictating the rules to which he will adjust his actions of the NATIONAL DESPACHO OF CARGAS, define the concepts "SISTEMA ARGENTINO DE INTERCONEXION" and "MERCADO ELECTRICO MAYORISTA".
ARTICLE 36: No regulation.
ARTICLE 37: THE SECRETARIAT OF ENERGIA ELECTRICA shall set the budget of the Unified Fund emerging from Article 37 of Law No.24.065 for the period 1992 and shall determine, on a monthly basis, the distribution criteria. From 1993 onwards, the Secretariat is required to establish, on a monthly basis, the criteria for the distribution of the fund in accordance with the destinations set out in this article.
ARTICLE 38: No regulation.
ARTICLE 39: No regulation.
CHAPTER XRates
ARTICLE 40-
Subparagraph (a) The own cost of distribution for each level of tension, which will integrate the concession fee, shall consist of:
1. - the marginal or economic cost of networks made available to the user, affected by coefficients representing technical losses associated with different levels of tension;
2. - operating and maintenance costs, considering themselves as such the costs inherent in the operation and maintenance of networks made available to users, and
3. - the marketing costs, including in this regard the measurement and administrative costs related to the user's attention.
Subparagraph (b) Distribution costs will be allocated to the different
tariff categories taking into account:
1. - the tension in which the supply is made, and
2. - the consumption modality of each type of user, taking into account their participation in the load peaks of the distribution networks.
Subparagraph (c) The purchase price in block will be added to the distribution cost at the ELECTRIC MARKET MAYORISTA, taking as reference the corresponding "Mercado Spot". This purchase price should be multiplied by a factor representing the technical losses associated with its distribution system, depending on the level of supply voltage.
In case of buying the distributor all or part of the power block, through freely agreed contracts, the price to transfer to the end-users rate will be the corresponding to the Spot Market".
The prices of contracts for the sale of electric power in block, which are transferred to the awardees of the bidding process that is carried out for the purposes of the privatization of the distribution activity by ELECTRIC SERVICES OF THE GREAT GOOD ARIES SOCIEDAD ANONIMA, they will be fully transferred to the end user rate. Agreed
modifications to such contracts, after such transfer, shall be assimilated, for the purposes specified in this paragraph, to freely agreed contracts.
Each distributor will transfer to the final user rate the price corresponding to the Spot Market (whether the purchase is made in such area or through freely agreed contracts), and/or that of the contracts transferred in the privatization processes, to which they refer the preceding paragraphs, pondering the proportion each of them represents in their total purchase.
Subparagraph (d) No regulation.
ARTICLE 41: Consider the rate of profitability at the rate of update to be determined by the NATIONAL ENTER for the calculation of the own distribution costs.
The entity, for this purpose, shall respect the principles defined in Article 41 of Law No.24.065.
ARTICLE 42: The Tariff Regime and the Tariff Table established in contracts for the distribution and marketing of electrical energy, which are granted as a result of the privatization of such activity in the terms of Article 95 of Law No.24.065, may be applicable for an initial period of TEN (10) years, for the purpose of providing an adequate reference framework for the provision of public service.
Subparagraph (a) Only reductions in rates for users of the passive sector may be maintained, the income of which does not exceed the fact that, for this purpose, the NATIONAL ELECTRICITY REGULAR ENTER, of public non-profit entities duly registered as such and/or of electro-intensive industrial sectors, if a specific budget line is envisaged to cover the concessionaire with the income difference that such subsidy represents. In such cases, the Ente shall manage the qualification of the respective budget lines from the relevant area of government to ensure the subsidized social sector and shall control the proper application of the differential tariff regime by the distributor.
Subparagraph (b) No regulation.
Subparagraph (c) The NATIONAL ENTER should, in principle, consider the following factors aimed at stimulating efficiency and investments in construction and maintenance of facilities.
1. - fixing of tariff tables taking into account normal levels of technical losses; and
2. - the application of discounts on billing to end users in case the distributor does not comply with the quality of service standards set out in their concession contract.
Subparagraph (d) The tariff adjustments referred to in Article 42 (d) of Act No. 24,065, shall reflect the variations in the purchase price of blocked electricity, according to the concept defined in the regulation of Article 40 (c) of the said Act and maintain constant distribution costs determined as set out in Subparagraphs (a) and (b) of the regulation of the above-mentioned article.
Subparagraph (e) No regulation.
ARTICLE 43: The NATIONAL ENTER OF ELECTRICITY, once the initial period referred to in the regulation of Article 42 of Law N.24.065 shall again set the rates for successive periods of CINCO (5) years.
ARTICLE 44: No regulation.
ARTICLE 45: The distributor will attach to his tariff presentation all the information on which he bases his proposal, and must, in turn, supply all that, additionally, request the NATIONAL ENTER OF ELECTRICITY.
To carry out the study of the tariff proposal presented by the distributor, the Ente will hire the services of an independent consulting group of recognized experience in the Sector, which will make an alternative proposal. On the basis of this and the proposal of the concessionaire, the NATIONAL ELECTRICITY ENTER will establish the tariff box for the next CINCO (5) years.
ARTICLE 46: No regulation.
ARTICLE 47: No regulation.
ARTICLE 48: If qualified by the NATIONAL ENTER OF ELECTRICITY as unjust and unreasonable the rate applied by the distributor as a result of the provisions of Article 47 of Law No. 24,065, the distributor shall apply the values
Previous tariffs, from the time the Ente notifies you of such qualification until the expiration of the term defined by the article for its pronunciation.
ARTICLE 49: No regulation.
CHAPTER XIAdjudication
ARTICLE 50: No regulation.
ARTICLE 51: The NATIONAL ENTER OF ELECTRICITY shall submit to the NATIONAL EXECUTIVE PODER, through the SECRETARIAT OF ENERGIA ELECTRICA, its proposal for the extension or renegotiation of a new concession. The aforementioned Secretariat shall resolve, in particular, within the term of TREINTA (30) working days, being entitled to deny such a request, in which case it shall instruct the said entity to
initiate a selection procedure for the new concessionaire, according to the terms and conditions specified by the Secretariat.
To resolve the SECRETARIAT OF ELECTRIC ENERGY to give favorable course to the proposal of the Ente, it will elevate the proceedings to the NATIONAL EXECUTIVE PODER for its respective approval.
ARTICLE 52: The NATIONAL ENTER OF ELECTRICITY shall submit to the SECRETARIAT OF ENERGIA ELECTRICA, its denying of extension or granting of a new concession You may only begin the procedure of selection of a new concessionaire, within the guidelines and procedures that, for this purpose, determine the SECRETARIAT of ENERGIA leLECTRIICA, which has been notified by the Secretariat.
The said Ente shall submit the award proposal resulting from the new selection process referred to in the preceding paragraph to the SECRETARIAT for ELECTRIC ENERGY, which shall, in its mediate conformity, elevate it to the NATIONAL EXECUTIVE PODER for the dictation of the relevant act.
ARTICLE 53: No regulation.
CHAPTER XIINational Regulator
ARTICLE 54: No regulation.
ARTICLE 55: PUBLICS to determine and transfer to the NATIONAL ENTER OF ELECTRICITY, the movable and immovable property of the NATIONAL STATE or of the companies of the National Electrical Sector of which it is the sole owner.
ARTICLE 56:
Subparagraph (a) No regulation.
Subparagraph (b) The NATIONAL ENTER OF ELECTRICITY shall:
b.1. - Concentrate its counter-lor function of the electrical energy distribution concessionaire on the quality of service provided, with the following guidelines to be considered:
b.1.1. - Define the quality of service to the set of standards that specify the quality of the electricity to supply (product) and the service to provide, from a technical and commercial point of view.
The quality of the product supplied will be related to the level of tension in the feeding point and its disturbances (fast variations and slow drops of tension, and harmonics).
The quality of the technical service provided will take into account the frequency and duration of supply interruptions.
The quality of the service from a commercial point of view will be measured taking into account the time period used by the concessionaire to respond to service connection requests, billing errors and estimated turnover rate.
b.1.2. The distribution contract should clearly establish the quality of service standards that will govern the conditions of its provision. It shall also set the limits of what is considered a service provided satisfactorily, from which the penalties for breach of such rules shall be regulated.
b.1.3. - The concessionaire shall determine, in its opinion, the work and investments it deems necessary to carry out in order to meet the pre-established quality level
b.1.4. - The Penalties Act shall be established on the basis of the economic damage caused to the user by the provision of the service in unsatisfactory conditions.
Accordingly, the fine for non-compliance with the standards of quality of satisfactory technical service shall consist of the application of bonuses on invoices to users who have been affected, which shall be calculated on the basis of the cost it represents, for each user group, the un supplied energy.
b.1.5. - The NATIONAL ENTER OF ELECTRICITY must implement the mechanisms for the control of the faithful compliance with the prescribed guidelines. To this end, the entity shall instruct the concessionaire that:
b.1.5.1. - carry out measurement campaigns and relays of load and tension curves.
b.1.5.2. - organizes a database with contingency information, which will be related to topology databases of the networks, billing and results of the measurement campaigns, on whose design the entity will instruct.
b.2. - The Supply Regulations shall essentially contain the conditions for the provision; the rights and obligations of the user, the rights and obligations of the concessionaire; provisions relating to cases in which the concessionaire shall be entitled to cut or suspend the supply by establishing, for that purpose, the procedure to be followed; form and time limits for the rehabilitation of the service and penalties for non-compliance with its obligations.
Subparagraph (c) No regulation.
Subparagraph (d) The NATIONAL ENTER OF ELECTRICITY, prior to the expiration of the fourth year of each period of validity of the rate of the distributor, referred to in Article 43 of Law No. 24,065, shall define the basis for the calculation of the distribution rates, according to the following general principles:
d.1. - The own costs of distribution, as defined in the regulation of Article 40 (a) of Law No. 24,065, shall reflect the marginal or economic costs of the development of the network.
d.2. - The value resulting from the concept defined in the preceding point shall be added the purchase price of the electric power block in the ELECTRIC MERCADO MAYORISTA, which is understood by the scope defined in the regulation of Article 40 (c) of Law N.24.065.
d.3. - Rates should be differentiated by mode of use and by level of tension in which the supply is made.
Subparagraph (e) No regulation.
Subparagraph (f) The bases and conditions of selection for the granting of electricity distribution concessions should be based on the general principles contained in the Base and Conditions fold used to transfer to the Private Sector the distribution activity by ELECTRIC SERVICES OF THE GREAT GOOD AIRES SOCIEDAD ANONIMA, and in particular, the Annex for the Agreement on Concession shall respect the principle of division of the concession period in management periods, as well as mechanisms that ensure the non-requisition, on a onerous basis, of the NATIONAL STATE, of the assets affected to service and their successive transfer to new service providers.
Subparagraph (g) No regulation.
Subparagraph (h) No regulation.
Subparagraph (i) No regulation.
Subparagraph (j) For the public hearing process, the NATIONAL REGULAR ENTER will implement a mechanic of organic representation of users, which will be applicable in all cases where the decisions of the Ente affect their general interest, in particular, when it comes to the tariff tables or issues related to the quality of service.
Subparagraph (k) Consider as "specific rules" in the sense referred to in Article 56 (k) of Law No. 24,065, to the laws that specify technical safety rules related to the object regulated by that paragraph, which shall be applied by the NATIONAL REGULAR ENTER of ELECTRICITY.
Subparagraph (l) No regulation.
Subparagraph (m) Unregulated.
No regulation.
Subparagraph (us) No regulation.
Subparagraph (o) Unregulated.
Subparagraph (p) No regulation.
Subparagraph (q) Unregulated.
Subparagraph (r) No regulation.
Subparagraph (s) No regulation.
ARTICLE 57: The remuneration of the members of the board of the NATIONAL ENTER REGULADOR shall be set by decree of the NATIONAL EXECUTIVE PODER.
ARTICLE 58: For the purposes of the designation of the members of the Directory of the NATIONAL ELECTRICITY ENTER, the SECRETARIAT OF ENERGIA ELECTRIC shall define the profile of each member of the Board, shall conduct a selection process and determine, at each time, which of the charges to be filled shall be proposed by the FEDERAL COUNCIL of ELECTRIC ENERGY, among the candidates to those charges that have been previously selected as "Eligible candidate".
The above-mentioned selection procedure will be initiated through an open call that should be disseminated in mass circulation journals, making it applicable the rules established for the Regime of Charges with Executive Functions approved by Decree No. 994 of 27 May 1991.
The background of the applicants will be evaluated by means of the presented vitae curricula and personal interviews conducted by specialists in order to determine those who meet the minimum requirements defined in the call for the cover of the post. The result of such an evaluation should be raised to a Selection Committee composed of representative persons, who by their conditions guarantee equanimity and independence of criterion in their pronunciation. In this way the minimum number of applicants that the Secretariat defines for each charge to cover will be selected, those who will re-dress the status of "Eligible candidate".
If there was no Eligible Candidate to cover a certain position, the procedure described above will be repeated only for such a position. The procedure will also be repeated if the ENERGIA SECRETARIAT ELECTRICA considers it necessary, for those charges in which there was only one Eligible Candidate. Such a circumstance will not hinder the continuation of the procedure for appointing the remaining members of the Board of the Ente.
THE FEDERAL COUNCIL OF ENERGY ELECTRIC shall elevate to the SECRETARIAT OF ENERGIA the procedure to be applied for the purpose of selecting THREE (3) "Eligible candidates" for each of the corresponding posts of the Board of Directors shall be covered on the proposal of such organ. Once such a number of applicants are selected from the Council, they shall notify the aforementioned Secretariat of the selection of a postulant of each Terna and elevate it to the MINISTERY of ECONOMY and ARTWORKS and PUBLIC SERVICES for the purpose of proposing them to the NATIONAL EXECUTIVE PODER in order to initiate the designation procedure. (Paragraph replaced by art. 1 Decree No. 408/1994 B.O. 21/3/1994).
ARTICLE 59: Prior to the designation, the NATIONAL EXECUTIVE PODER shall notify the NATIONAL LEGISLATIVE PODER Commission referred to in Article 59 of Law No. 24,065, the payroll for which they shall be appointed as Directors of the Ent and the reasons on which it is based.
At the end of the TREINTA (30) corrected days set out in the preceding paragraph for the opinion of the Commission, the NATIONAL EXECUTIVE PODER shall immediately render the act of designation.
ARTICLE 60: No regulation.
ARTICLE 61: No regulation.
ARTICLE 62: No regulation.
ARTICLE 63: No regulation.
ARTICLE 64: The NATIONAL ENTER OF ELECTRICITY, within the period of TREINTA (30) working days, from the dictation of the act of designation of the members of its Directory, shall elevate the SECRETARIAT OF ENERGIA ELECTRICA for the purposes of its approval, a rule of general nature that regulates its financial management of heritage and accounting.
ARTICLE 65: No regulation.
ARTICLE 66: No regulation.
ARTICLE 67: No regulation.
ARTICLE 68: No regulation.
ARTICLE 69: No regulation.
CHAPTER XIII
National Electrical Energy Fund
ARTICLE 70: Be characterized as an ELECTRIC MERCADO MAYORISTA, exclusively for the purpose of determining the imponible fact encumbered by the NATIONAL FONDO OF THE ELECTRIC ENERGY, to any operation of the purchase of electric energy in block, which, either within the territory of the REPUBLICA ARGENTINA or as a result of an import, distributes the Great Users
They will be agents for the retention of the tax created by Article 70 of Law No. 24,065, the generator that sells its energy through contracts freely agreed or REGIONAL SYSTEMS OF
INTERCONEXION, NATIONAL DESPACHO DE CARGAS when the operations are carried out through the INTERCONEXION ARGENTINE SYSTEM or the distributor himself or Grand User when carrying out electric power import operations.
La SECRETARIAT OF ENERGIA ELECTRIC shall control that the allocation of SUBSIDIARY FUND FOR REGIONAL COMPENSATIONS OF TARIFAS TO FINAL USERS, established by Article 70 (b) of Law N.24.065, is distributed among the Provinces that have adhered to the tariff principles contained in the aforementioned rule. The Secretariat must also verify that the Provinces that have adhered to such tariff principles effectively apply them when determining the rates for end-users within their jurisdiction.
CHAPTER XIVProcedures and jurisdictional control
ARTICLE 71: No regulation.
ARTICLE 72: The acts issued by the NATIONAL ENTER OF ELECTRICITY (ENRE) as a result of the powers granted in article 72 of Act No. 24,065, shall be of a jurisdictional and appealable nature to the National Appeals Chamber in the Federal Administrative Dispute. In these cases, the remedy of lifting shall not be appropriate.
(Article replaced by art. 8° Decree No. 962/2017 B.O. 27/11/2017)
ARTICLE 73: No regulation.
ARTICLE 74: :
Subparagraph (a) It is considered linked to the convenience, necessity and general utility of the electricity distribution service approval by the REGULAR NATIONAL ENTER of the table
tariff referred to in Article 45 of Law No. 24,065 and its regulation.
Subparagraph (b) No regulation.
ARTICLE 75: No regulation.
ARTICLE 76: For the purposes of the judicial remedy provided for in article 76 of the Law, the prior filing of the appeal shall not be necessary.
(Article replaced by art. 9th of the Decree No. 962/2017 B.O. 27/11/2017)
CHAPTER XV
Contraventions and sanctions
ARTICLE 77: No regulation.
ARTICLE 78: No regulation.
ARTICLE 79: No regulation.
ARTICLE 80: No regulation.
ARTICLE 81: The NATIONAL ENTER REGULADOR OF ELECTRICITY shall, to the SECRETARIAT OF ENERGIA ELECTRICA, for its knowledge and within the end of the VEINTE SCIENTY (120) days of its operation, a draft regulation that establishes the procedure to be applied to intervene and resolve through the Public Hearing System.
CHAPTER XVIMiscellaneous provisions
ARTICLE 82: No regulation.
ARTICLE 83: No regulation.
ARTICLE 84: Determine as a skilled title, for the purposes of the application of the executive procedure provided for in Article 84 of Law No. 24,065, on the record of debt issued by Generators, Carriers and/or Distributors, which meets the requirements, which, for this purpose, determine the SECRETARIAT OF ELECTRIC ENERGIA.
CHAPTER XVII
Scope of application
ARTICLE 85: No regulation.
CHAPTER XVIII Transitional Provisions
ARTICLE 86: No regulation.
ARTICLE 87: No regulation.
ARTICLE 88: No regulation.
CHAPTER XIXAmendments to Law 15,336
ARTICLE 89: No regulation.
ARTICLE 90: No regulation.
ARTICLE 91: No regulation.
ARTICLE 92: Faccinate the SECRETARIAT OF ELECTRIC ENERGIA to elaborate the Ordained Text of the Electrical Regulatory Framework which is made up of Law No.15.336 and Law No.24.065.
CHAPTER XXPrivatization
ARTICLE 93: No regulation.
ARTICLE 94: No regulation.
ARTICLE 95: No regulation.
ARTICLE 96: No regulation.
ARTICLE 97: No regulation.
CHAPTER XXIAccession
ARTICLE 98: The adherence provided for in Article 98 of Law No. 24,065, unlike the restricted nature established in Article 70, Subparagraph (b), First Part, of the Law, is broad and implies that the Generation, Transport and Distribution which is subject to provincial jurisdiction, as well as the organization and exercise of the activity of the Controller shall be subject to the provisions of the above-mentioned Federal jurisdiction, without the provision of the jurisdiction
ARTICLE 99: No regulation.
ARTICLE 100: No regulation.
Annex II.
REGULATION OF ARTICLES 18 AND 43 OF THE LAW 15336MODITED BY THE LAW 23,164
Regulation 18 and Article 43 of Act No. 15,336, as amended by Act No. 23,164
ARTICLE 18:
Subparagraph (1) No regulation.
Subparagraph (2) No regulation.
Subparagraph (3) No regulation.
Subparagraph 4) The distributor ' s obligation to respond to the increase in demand in his concession area, assigning him the exclusive responsibility for determining the necessary investments for that purpose.
Subparagraph 5) The authority of the distributor to determine the time limit for the initiation and termination of the works and installations which, in the terms of the preceding paragraph, considers necessary to meet the supply and increase of the demand in its area.
Subparagraph 6) No regulation.
Subparagraph 7) No regulation.
Subparagraph 8, as amended by Article 89 of Law N.24065. The conditions under which the State will ensure the successive transfer of the assets affected to the provision of public service
distribution and marketing to new private dealers in cases of expiry, revocation or falsity.
Subparagraph 9) No regulation.
Subparagraph 10) No regulation.
Subparagraph 11) The distributor's obligation to assume all the expansion costs of its distribution networks.
Subparagraph 12) The value of the capital of the distributor society.
Subparagraph 13) No regulation.
Subparagraph 14) No regulation.
Subparagraph 15) No regulation.
Subparagraph 16) No regulation.
Subparagraph 17) No regulation.
Subparagraph 18) No regulation.
Subparagraph 19) No regulation.
ARTICLE 43: The calculation of the Hydroelectric Regalty regulated by Article 43 of Law No. 15.336, as amended by Law No. 23.164, shall be made on the amount that results from the value of the energy generated by the hydroelectric source at the price corresponding to the concessionaire of such generation source in the Spot Market.
