Key Benefits:
Issue No. 752,426/92 of the Register of the SECRETARIAT OF ENERGIA, and the provisions of Act No. 23,696, its Rule Decree No. 1105 of 24 October 1989 and Acts No. 15,336, No. 24,065 and its Rule Decree No. 1398 of 6 August 1992 and
CONSIDERINGArticle 93 of Law No. 24,065 states that the activity of the transport of electricity is subject to privatization, currently in charge of the companies WATER AND ELECTRIC ENERGY SOCIEDAD OF THE STATE, HIDROELECTRIC NORPATAGONICA SOCIEDAD ANONIMA and ELECTRIC SERVICES OF THE GREAT GOOD AIRES SOCIEDAD ANONIMA.
That the electrical energy transport activity developed mainly through WATER and ENERGIA ELECTRICA SOCIEDAD The STATE, forming different electrical regions, which joined through the INTERCONEXION ARGENTINE SYSTEM, being subject within that scope to the activity of transport to national jurisdiction.
It is necessary to take such a precedent into account for the purpose of determining the appropriate form of privatization of such activity.
That, being so, it is appropriate to differentiate the Transport of electrical energy in High Voltage, being this the activity that develops through a transmission system between electrical regions, with tensions equal to or greater than DOSCIENTS VEINTE KILOVOLTIOS (220 kV), of the Transport of electric energy by Troncal Distribution that is the one that is carried out within a same region, through a transmission system with voltages equal to or greater than CIENT2
That given the characteristics of the Electrical Transport and its investments, the concessionaire will be responsible for electrically linking, from a delivery point to a reception point, the Generators with the Distributors or Great Users, using for this purpose both the Existing Transport System and the result of the expansion of the transport capacity, without taking charge of its execution.
That, therefore, it is necessary to regulate the Transport Capacity Enlargement Procedure in order to properly ensure the execution of the energy and power transactions required by the wholesale electric market.
That while the transport concessionaire will not be obliged to build the facility associated with such expansion, due to its status as the sole concessionary of Electric Power Transport in High Voltage it will be responsible for the provision of the public transport service linked to the installation that builds a third party, both to its users and to the Consignor Power.
That, in turn, given the status of a natural monopoly of the electrical energy transport activity, its regulation through a concession contract should consist mainly in the setting of the remuneration criteria, in the control of the quality of the service provision, expressly providing penalties for its non-compliance and in the determination of the rules of interconnection to ensure access to its facilities.
That, due to the characteristics of the declared activity subject to privatization and the precedents that exist in the electrical sector, it is advisable to adopt as a mode of privatization the to constitute anonymous companies, which will be the holder of the public service of the Transport of electricity in High Voltage, on the one hand, and of the Transport by Troncal Distribution, on the other.
That, pursuant to Chapter III of Law No. 23,696, the impact of a minority percentage of the shareholder package of the concessionaires ' company to the Participated Property Programme has been foreseen, with time limits for its implementation and implementation.
Constituting this modality of privatization a business reorganization that operates within the National State's patrimony, which does not have profits, it is necessary to implement measures such as the remission of tax credits that affect it in order to avoid any fiscal incidence on this process, as well as to exempt the instruments that it is necessary to elaborate for that purpose, of the Seal Tax, in the terms of Article 59 of the Law of the
That the NATIONAL EXECUTIVE POWER is entitled to the dictation of this act under the provisions of Acts No. 23,696, No. 15,336, No. 24,065, Section 59 of the Sealing Tax Act (T. or 1986) and the powers conferred by article 86 (1) and (2) of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1For the purposes of the privatization of the activity of Transport of electrical energy in High Voltage by WATER and ENERGY ELECTRIC ENERGY SOCIEDAD OF THE STATE, HIDROELECTRICA NORPATAGONICA SOCIEDAD ANONIMA and ELECTRIC SERVICES OF THE GREAT SOCIEDAD ANONIMA, arrange the constitution of the ELECTRIC ENERGY TRANSPORT COMPANY in ALTA TENSION TRANSENER SOCIEDAD ANONIMA (TRANSENER S.A.).
Article 2Approve the corporate status of the ELECTRIC ENERGY TRANSPORT COMPANY in ALTA TENSION TRANSENER SOCIEDAD ANONIMA (TRANSENER S.A.), which as Annex I is added to the present act of which it is an integral part.
Article 3Determine that the society whose constitution is provided for in article 1 of this act shall be governed by this decree, by its respective Statutes and as provided for in Chapter II, Section V, Articles 163 to 307 and concordants of Law No. 19.550 (t. 1984).
Their actions will be nominative because they must necessarily have the status of non-endoseable those that represent the CINCUENTA and A BY SCIENTO (51 %) of the share capital.
Until the transfer to the Private Sector, the NATIONAL SIGNATURE (97 %) of the shareholder will correspond to the NATIONAL STATE and a ONE FOR SCIENTIFIC (1 %) to ELECTRIC ENERGY SOCIEDAD OF THE STATE, to NATIONAL HIDROELECTRIC NATIONAL SOCIEDA ANONIMA and SERVICE ANONIMA, respectively. The SECRETARIAT OF ENERGIA will be the holder of the actions of ownership of the NATIONAL STATE and exercise the corresponding corporate rights.
Article 4Ordenase the protocolization of the constitutive record and the Statute of TRANSENER S.A., as well as of any action that is necessary to elevate to public writing for the purposes of registration, through the General SCRIBANIA OF GOVERNMENT OF NATION, without implying any erogation.
Faccinate the Lord SECRETARY of ENERGIA and the Lords Interventors in AGUA and ENERGY ELECTRICA SOCIEDAD OF THE STATE, in HIDROELECTRICA NORPATAGONICA SOCIEDAD ANONIMA and in ELECTRIC SERVICES OF THE GREAT GOOD AIRES SOCIEDAD ANONIMA and/or to sign the public authorities that they designate
Article 5Please refer to the respective registration before the General INSPECTION OF JUSTICE and other relevant public registers, in order to accompany the publication of this act in the Official Gazette to the article 10 of Act No. 19.550 (t. 1984).
For this purpose, the SECRETARY of ENERGY and the Interventors in ELECTRIC WATER AND ENERGY SOCIEDAD OF THE STATE, in NORPATAGONICA SOCIEDAD ANONIMA and in ELECTRIC SERVICES OF THE GREAT GOOD ANNONIMA SOCIEDAD AND/or the people that these
Article 6The economic-financial results, emerging from the management of the goods that will be transferred to the society whose constitution is provided for by the present act, will correspond to AGUA and ELECTRIC ENERGY SOCIEDAD OF THE STATE, to HIDROELECTRIC NORPATAGONICA SOCIEDAD ANONIMA and to ELECTRIC SERVICES of the GREAT GOOD
For the purposes set forth in the preceding paragraph, the transfer shall be operated at the time when the person who is awarded of the Class "A" and "B" Actions of TRANSENER S.A. as a result of the tender process that is carried out for the purpose of the privatization of the transport activity in its charge, has made the payment of the corresponding part of the price that the corresponding Pliego of Bases and Conditions has in cash.
Article 7Until the transfer to the private sector of the Class "A" and "B" Actions of TRANSENER S.A., its Board of Directors and Trade Unions will be unipersonal, designating UN (1) holder and UN (1) alternate. The Board of Directors of this society will be composed of Mr.Interventor in ELECTRIC WATER AND ENERGY SOCIEDAD OF THE STATE and Mr.Interventor in NORPATAGONICA HIDROELECTRIIC SOCIEDAD ANONIMA as titular and alternate members, respectively, who are exempt from providing the guarantee set out in article 256 of Act No. 19.550 (t. or 1984). The members of the union shall be appointed by the General SINDICATURA of PUBLIC COMPANIES or by the agency that replaces it.
Article 8The remuneration of the Directors and Trustees appointed for the period and in the manner defined in the preceding article shall be exclusively those who perceive for their status as public officials, in the terms of Act No. 22,790.
Article 9To object to TRANSENER S.A., by the term NOVENTA and CINCO (95) years, the concession of the public service of the Transport of electricity in High Voltage between electric regions, with tensions equal to or greater than DOSCIENTS VEINTE KILOVOLTIOS (220 kV), according to the conditions established in the concession contract, whose terms are approved by the present decree.
Authorize Mr. SECRETARY OF ENERGIA, to subscribe in the name and representation of the NATIONAL EXECUTIVE PODER, the concession contract approved in the preceding paragraph.
Article 10Determine that the development of the activity of Electric Power Transport in High Voltage currently in charge of ELECTRIC WATER AND ENERGY SOCIEDAD OF THE STATE, NORPATAGONICA HIDROELECTRIC SOCIEDAD ANONIMA and ELECTRIC SERVICES OF THE GREE GOOD AIRES SOCIEDAD ANONIMA, respectively, is a single business unit.
Faccinate SECRETARIAT DE ENERGIA to determine the assets, liabilities, personnel and contracts for that Business Unit and to arrange for their transfer to TRANSENER S.A. In addition, please provide the Secretariat with the amount of the consequent increase in corporate capital.
Article 11Faccinate SECRETARIAT From ENERGIA to determine the business units and form of privatization of the activity of Electrical Energy Transport by Troncal Distribution by WATER AND ELECTRIC ENERGY SOCIEDAD OF THE STATE and NORPATAGONICA SOCIEDAD ANONIMA.
For the purpose of its privatization, please enable the aforementioned Secretariat to provide for the constitution of one or more Societies whose actions will be nominative and must necessarily have the status of non-endoseable those that represent the votes necessary to form the social will, and to approve the respective Societal Statutes.
Also, authorize that body to approve the respective concession contracts of which the companies that constitute shall be holder, which shall be in accordance with the general criteria contained in which it is approved by the present act, to provide for the transfer to the or the companies that it has constituted pursuant to the preceding paragraph, of the assets, liabilities, personnel and contracts that it determines as own of the business units to which mentions the first paragraph of this article,
Article 12Appropriate the ACCESS REGULATION TO EXISTING CAPACITY AND AMPLIATION OF THE ELECTRIC ENERGY TRANSPORT SYSTEM and the CONEXION REGULATION AND USE OF THE ELECTRIC ENERGY TRANSPORT SYSTEM, which, as Annexes III and IV respectively, form an integral part of this decree.
Delay at SECRETARIAT OF ENERGIA the faculty to modify the aforementioned Regulations.
Article 13The SECRETARIAT OF ENERGIA shall dictate the regulation of DISEIGN AND QUALITY of the ELECTRIIC ENERGY TRANSPORT SYSTEM, which encompasses both ALTA TENSION and TRONCAL DISTRIBUTION.
Article 14Faccinate SECRETARIAT ENERGIA to approve the restructuring and reorganization of WATER and ENERGY ELECTRIC SOCIEDAD OF THE STATE, of NORPATAGONICA SOCIEDAD ANONIMA and of ELECTRIC SERVICES OF THE GREAT GOOD ANONIMA resulting from the provisions of this act.
Article 15Include to MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to make the call to contest or tender, to prepare and subscribe all the documents that are necessary for the purpose of the privatization of the activity of Transport of electric energy in High Voltage and by Distribution of Troncal by WATER and ENERGY ELECTRIC SOCIEDAD DE ESTADO, by HIDROELECTRICA NORPATAGONICA SOCIED ANONIMA and SERVICE ANONIMA and, in particular, empower the Ministry to approve the Bases and Conditions Formation to be applied to transfer to the Private Sector the Class "A" and "B" Actions of TRANSENER S.A. and the Societies that are constituted for the purposes of the privatization of the Troncal Distribution Transport activity, as well as the transfer of its goods and all those legal and contractual instruments that were necessary.
Article 16Please refer to the MINISTERY OF ECONOMY AND PUBLIC ARTWS AND SERVICES to exercise the powers defined in Section 15(9) and 12) of Law No. 23,696, for the purpose of a better execution of the mode of privatization that is available and/or authorized in this Decree.
Article 17Explain to TRANSENER S.A. and to the Societies that are constituted for the purposes of the privatization of the activity of Transport by Troncal Distribution, the payment of fees for registration, fees, taxes and charges applicable to its initial constitution and capitalization and to the instruments that must be granted as a direct or indirect consequence of compliance with the provisions of this act and of the Pliego of Classes and Conditions that are approved with
Article 18Explain the Seal Tax to the acts, documents, instruments or monetary operations that are signed or carried out on the occasion of the privatization and the concession that this act grants or authorizes to grant, as well as the transfer of the concessionary companies, achieving both the previous acts that the participants and operators should carry out or formalize in order to integrate themselves and to prepare their offers, as well as to all those that are carried out during the acquisition of the 15
The waiver set out in the preceding paragraph includes, in turn, the rights and obligations of the SPECIAL YACYRETA UNITY to TRANSENER S.A. which are provided for in article 23 of this act.
Article 19Please note that the business reorganizations that are approved by the present act lack fiscal interest and provide for the referral of tax credits of any origin or nature of which official agencies are headlines against the companies AGUA and ENERGIA ELECTRIC SOCIEDAD DEL ESTADO, HIDROELECTRICA NORPATAGONICA SOCIEDAD ANONIMA y SERVICES ELECTENCOS OF THE GREAT ANONIMA and the companies whose constitution is available or authorized by this act, originated in facts, acts or operations that occurred on the occasion of the transfer, understood this with the scope of Article 6 of this decree, or those that originate with such reason until the time of the liquidation of WATER AND ELECTRIIC ENERGY SOCIEDAD OF THE STATE, of NORPATAGONICAL ELECTRIC
Include to MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to determine the scope of the provisions of the preceding paragraph
Article 20Determin that the DIEZ BY CIENTO (10 %) of the share capital of TRANSENER S.A. and of the Societies that are constituted for the purposes of the privatization of the transport activity by Troncal Distribution, will be subject to the Participated Property Regime and that can be acquired, exclusively the personnel of AGUA and ELECTRIC ENERGIA SOCIED NOAD OF THE STATE and HIDROE
Article 21Note for the implementation of the Participated Property Program between the employees of TRANSENER S.A. and the Societies that are constituted for the purposes of the privatization of the Troncal Distribution Transport activity, which meet the requirements of Article 22 of Law No. 23.696, a maximum period of UN (1) year, to be counted from the entry into force of the act that approves the Shareholders and Terms of Transfer.
Acquiring employees who have opted to join the Participated Property Programme shall sign within the specified time limit, the respective General Transfer Agreement in which they will subscribe the actions corresponding to the Program, representative of the TEN FOR SCIENTO (10 %) of the social capital of each of the aforementioned companies.
Article 22The time limit for adherence to the Programme by employees of the companies mentioned in the preceding article shall be CIENTO OCHENTA (180) DIAS, to be counted from the time defined in article 6 of this act.
Rule 23The YACYRETA SPECIAL UNIT shall yield to TRANSENER S.A. all the rights and obligations of which it is entitled by its status as a party to the contract of construction, operation and maintenance of the First Tram of the Transmission System associated with the YACYRETA Hydroelectric Power Plant that adjudges as a result of the open public competition for such purposes, as well as those arising from the contract to be concluded with the TRANSMI
Article 24Contact the Bicameral Commission established by article 14 of Act No. 23.696.
Article 25This decree shall apply from the date of its dictation.
Article 26Contact, post, give to the National Directorate of the Official Register and archvese.
FIRMANTSMENEM - CAVALLO
Annex I. STATUS OF THE ELECTRIC ENERGY TRANSPORT COMPANY IN ALTA TENSION
STATUS OF THE ELECTRIC ENERGY TRANSPORT COMPANY
IN ALTA TENSION TRANSENER S.A.
PART I OF THE NAME, LEGAL REGIME, DEOMICILY AND DURATION Article 1Under the name of "Electrical ENERGY TRANSPORT COMPAIN IN ALTA TENSION TRANSENER SOCIEDAD ANONIMA" this Society is constituted, according to the regime established in the Commercial Societies Law, Law No. 19.550 (t. 1984), Chapter II, Section V, Articles 163 to 307 and the corresponding decree of constitution.
Article 2The legal domicile of the Society is set in the city of Buenos Aires, in the direction that the Board of the Society establishes.
Article 3The term of duration of the Society shall be NOVTA and CINCO (95) years, counted from the date of registration of this Statute in the General INSPECTION OF JUSTICE. This period may be reduced or extended by resolution of the Extraordinary Assembly.
Article 4: PART II OF THE SOCIAL OBJECTThe Society will aim to provide the high-voltage power transport service in the terms of the Concession Contract, which regulates such public service and any other activity related to the specific use of its facilities.
The Society may undertake all such activities as may be necessary for the fulfilment of its purposes. To that end, it shall have full legal capacity to acquire rights and to enter into obligations and to exercise all acts which are not prohibited by law, these Statutes, the decree establishing this Society, the Pledge of the National and International Public Contest for the Privatization of the Provision of the Public Service for the Transport of Electrical Energy in High Voltage, as well as any rules expressly applicable to it.
CHAPTER III AND ACTIONS Article 5The initial social capital is of DOCE MIL PESOS ($ 12,000.-), represented by SEIS MIL CIENTO VEINTE (6.120) ordinary actions, nominative, not endosable Class "A" of A PESO ($ 1) of nominal value each and entitled to A (1) vote for action, CUATRO MIL SEISCIENTAS OCHENTA (4,680) All of them can be documented in titles or scripts. By signing the initial capital, the SECRETARIAT of ENERGY to subscribe CINCO MIL SETECIENTA (5,760) Actions Class "A", CUATRO MIL SEISCIENTA (4,680) Acciones Clase "B" y MIL DOSCIENTAS (1,200) Acciones Clase "SERVC" and the societies AGUA ELECTRIC In the date of the transfer of all the shares of the Class "A" and of the shares Class "B" representative of CATORCE by CIENTO (14 %) of the social capital of Transener S.A. to the awards of the International Public Contest for the sale of SESENTA and CINCO by CIENTO (65 %) of the shares of the "Company of the Transport of electricity in High Transension". DE ENERGIA transferred to the heritage of the Society.
The Class "B" actions corresponding to the initial capital of the Society that did not integrate the object of the public contest mentioned and those resulting from the aforementioned increase will remain in the possession of the SECRETARIAT OF ENERGIA and will be transferred to the general public through the public supply procedure of the actions. The Class "C" shares corresponding to the initial capital of the Society and those resulting from the above-mentioned increase, representative of the DIEZ FOR SCIENT (10 %) of the social capital, will remain in the possession of the SECRETARIAT OF ENERGIA until a Participated Property Program is implemented as stipulated in Chapter III of Law No. 23.696. The Class "C" shares for which your purchaser has completed the payment of the purchase price may become shares Class "B" if so decided by a Special Assembly of shareholders of Class "C", by a simple majority of votes.
Article 6The emission of shares corresponding to any other increase in capital must be made in the proportion of CINCUENTA AND ONE BY SCIENTO (51 %) of Actions Class "A", TREINTA and NEW BY SCIENTI (39 %) of shares Class "B" and TEN BY SCIENTO (10 %) of shares Class "C". The shareholders Class "A" and "B" shall have the right of preference and to increase in the subscription of the new actions that the society issues, within its own Class and in proportion to their respective shares. The unsubscribed remnant may be offered to third parties.
Article 7The titles and the provisional certificates issued shall contain the provisions of articles 211 and 212 of Act No. 19.550 (t. 1984).
Article 8The actions are indivisible. If there is co-ownership, representation for the exercise of rights and the fulfilment of obligations must be unified, without prejudice to the provisions of the Participated Property Programme.
Article 9Representative titles of more than one action may be issued. The limitations to the ownership and transferability of the actions must be stated in the provisional or definitive titles that the Society issues, in particular those that result from the Pledge of the International Public Contest for the sale of SESENTA and CINCO FOR SCIENTO (65 %) of the shares of the Electric Power Transport Company in High Volener S.A.
Article 10The shareholders of the Class "A" shareholders will not be able to modify their participation or sell their shares during the first CINCO (5) years counted from ENTRADA en VIGENCIA or TOMA DE POSESION. After the end of the fifth year the Class "A" Actions may not be transferred, even to shareholders of the same class, without having the prior approval of the NATIONAL ELECTRICITY ENTER or of those who replace it. The purchaser ' s name, the number of shares to be transferred, the price, and the other conditions of the operation shall be indicated in the request for approval of the transfer of shares. If within the Ninth (90) days of the request for approval, the NATIONAL ENTER OF ELECTRICITY or who replaces it, does not manifest, it will be understood that the request was approved and the shareholder may validly transfer his shares to the specified buyer. All provisions relating to the limitations and procedures for the transfer of actions resulting from the International Public Contest for the Privatization of the Provision of the High Voltage Electrical Transport Service shall also be applied, of the act for which the reference is approved and/or the Concession Contract.
None of the Class "A" actions, including those that in the future are issued, may be carried out or in any manner given in guarantee except the garment provided in the Concession Contract.
Any transfer of actions, tax or clothing, which is carried out in violation of the provisions of these Statutes, shall have no validity whatsoever.
Article 11The National State, in its capacity as holder of the Class "B" shares, shall proceed, within the time it deems appropriate, to the sale of the actions that represent the VEINTICINCO BY CIENTO (25 %) of the social capital, to third parties, by the procedure of public supply, to which effect the Society must comply with the necessary formalities and formalities.
Article 12In the event of a delay in the integration of actions, the Society may take any of the measures authorized in the Second paragraph of Article 193 of Law No. 19.550 (T. 1984).
Article 13Within the framework of the Participated Property Program referred to in Article 5 , the Society shall issue, in favor of its employees of all hierarchies in relation to dependency and of the staff of the Electrical Majority Company S. A. (CAMMESA) that is covered by this plan, Bonuses of Participation for the Staff in the terms of Article 230 of Law No. 19.550 (t. 1984) Each such employee shall receive an amount of bonds determined on the basis of his or her remuneration, antiquity and family charges, as approved by the competent public authority. The share of the bonds should be paid to the beneficiaries at the time of payment of the dividends. The representative titles of the Staff Participation Bonuses should be handed over by the Society to its holders.
These Bonuses of Personal Participation will be personal and intransferable and their title will be extinguished with the extinction of the working relationship, without giving it the right to increase the other Bonists.
The Society will issue a sheet numbered by each holder, specifying the amount of bonds that correspond to it; the title will be necessary to exercise the bonist's right.
It will be recorded in the same of each payment. The terms of issuing the bonds will only be modified by special assembly convened in the terms of articles 237 and 250 of the Commercial Societies Act. The share of the bonists will be computed as expense and enforceable in the same conditions as the dividend.
PART IV OF THE ASAMBLES OF ACTIONISTS Article 14The Ordinary and/or Extraordinary Assemblies shall be convened by the Directory or the Syndic in the cases provided for by law, or when any of them deems necessary or when required by shareholders of any Class representing at least CINCO FOR SCIENTY (5 %) of the social capital. In the latter case the request will indicate the topics to be dealt with and the Board or the Board of Trustees will convene the Assembly to be held within the maximum period of CUARENTA (40) days of receipt of the request. If the Board or the Syndicate fails to do so, the call may be made by the authority of the Controller or judicially.
The Assemblies will be convened by publications during CINCO (5) days, with DIEZ (10) days in advance, at least and no more than TREINTA (30), in the Official Gazette and in one of the most widely distributed newspapers of the Argentine Republic. The character of the Assembly, date, time and meeting place and the Agenda should be mentioned. The Assembly in the second call, for having failed the first, must be held within the TREINTA (30) following days, and the publications will be made by THREE (3) days with OCHO (8) at least in advance. Both calls can be made simultaneously. In the event of a simultaneous call, if the Assembly were quoted for the same day, it should be at an interval not less than UNA (1) hour than the one set for the first.
The Assembly may be held without publication of the call when shareholders representing the totality of the social capital are assembled and decisions are adopted unanimously from actions entitled to vote.
Article 15When the Assembly should adopt resolutions that affect the rights of a Class of stocks or bonds, the consent or ratification of this Class shall be required, which shall be provided in the Special Assembly governed by the rules set out in these Statutes for the Ordinary Assemblies.
Article 16The constitution of the Ordinary Assembly in first call requires the presence of shareholders representing the majority of shares entitled to vote.
In the second convocation, the Assembly shall be deemed constituted regardless of the number of actions with the right to vote. The resolutions, in both cases, shall be taken by an absolute majority of the votes present that may be issued in the respective decision.
Article 17The Extraordinary Assembly meets in first call with the presence of shareholders representing the SETENTA BY CIENTO (70 %) of shares entitled to vote. In the second call, the participation of shareholders representing the TREINTA and CINCO per CIENTO (35 %) of shares with the right to vote is required.
Resolutions in both cases will be made by an absolute majority of the present votes that may be issued in the respective decision. When it comes to the extension, reconduction, withdrawal of the quote or public offer of the actions that make up the capital of the Society, total or partial reintegration of the capital, fusion and excision, even in the case of being an incorporated society, or of the termination or resolution of the contract of concession of the service of the transport of electric energy in high voltage, whose benefit is the object of this society, both in first and second call, the favorable resolutions OENTCH
Article 18Any reform of statutes must be approved prior to the NATIONAL ENTER OF ELECTRICITY or, in its absence, of the SECRETARIAT OF ENERGIA, the respective Assembly must consider and approve the "ad referendum" reform of that agency. If the NATIONAL ENTER OF ELECTRICITY, or in its absence the SECRETARIAT OF ENERGIA, is not manifested within the NATIONAL ENTER (90) days of the request, it is understood that the request was approved.
Until such authorization is granted, the resolution adopted by the Assembly will not be effective against the Society, partners and/or third parties.
Article 19In order to attend the Assemblies, shareholders must submit communication to the Society for registration in the Assemblies Assistance Book, with THREE (3) working days in advance of the date set for the Assembly.
The shareholders may be represented by president, in accordance with article 239 of the Commercial Societies Act, Act No. 19.550 (t. 1984).
The Special Assemblies shall, as applicable, be governed by the provisions of this Title, and subsidiarily by the provisions contained in Act No. 19.550 (t. or 1984).
PART V OF ADMINISTRATION AND REPRESENTATION Article 20The administration of the Society will be in charge of a Directory composed of NUEVE (9) Headlines and NUEVE (9) alternates, which will replace the headlines exclusively within their own Class. The term of your choice is from UN (1) exercise.
The shareholders of the Class "A", as a group of shareholders of the Class, and both in Ordinary or Special Assembly of shareholders, will have the right to choose CINCO (5) Headlines and CINCO (5) alternates. The shareholders of the Class "B", as a group of shareholders of the Class, and both in Ordinary or Special Assembly of shareholders, will have the right to choose THREE (3) Headlines and TRES (3) alternates.
As long as the Class "C" shares represent at least the SEIS FOR SCIENTY (6 %) of the total shares issued by the Society, the shareholders of the Class "C", as a group of shareholders of the Class, and both in Ordinary or Special Assembly of shareholders, will have the right to choose UN (1) Director and UN (1) alternate. If you do not reach the Class "C" actions, the minimum participation referred above will lose the right to choose UN (1). Director holder and alternate in exclusivity, having to vote in conjunction with the Class "B" actions, which in such case will have the right to choose CUATRO (4) Headlines and CUATRO (4) alternates jointly with the Class "C" actions.
In the event that it is not possible for the Ordinary or Special Assembly convened for the purpose, to elect the Directors belonging to the corresponding Class of Actions, a second Assembly of shareholders of the Class in question will be convened and, in the event that in this Assembly the same situation is repeated, the election of the Directors corresponding to this Class of Actions will be carried out in an Ordinary Assembly of shareholders with the attendance.
Article 21The incumbent and alternate directors shall remain in office until their replacements are appointed.
Article 22At its first meeting following the meeting of the Assembly that renews the members of the Board, the Board shall designate from among its members UN (1) President and UN (1) Vice-President.
Rule 23If the number of vacancies in the Directory does not appear validly, even if the total number of alternate directors of the same class has been incorporated, the Fiscal Commission shall designate the substitutes, who shall serve until the election of new holders, for which purpose the Ordinary Assembly or Class shall be convened, as appropriate, within the ten (10) days of the appointments of the Fiscal Commission.
Article 24In guarantee of the proper performance of their duties, the Directors will deposit the sum of MIL PESOS ($ 1,000) in cash or securities in the Fund of the Society. This amount may be modified in the terms and conditions set by the Assembly.
Article 25The Board will meet at least once a month. The President or the person who replaces him or her will be able to convene meetings when he or she deems it appropriate or when requested by any Acting Director or the Fiscal Commission.
The call for the meeting will be made within the CINCO (5) days of receipt of the order; in its absence, the call may be made by any of the Directors.
The Board meetings should be convened in writing and notified to the address denounced by the Director, with indication of the day, time, place of celebration, and include the topics to be dealt with; topics not included in the call may be discussed if the presence of the totality and unanimous vote of the Head Directors is verified.
Article 26The Directory will session with the presence of the absolute majority of the members who compose it and take resolutions by a majority of votes present.
Article 27The Vice-President shall replace the President in the event of resignation, death, incapacity, inability, temporary or definitive removal or absence of the latter, and a new President must be elected within the TEN (10) days of the cow.
Rule 28The Vice-President ' s share of any of the administrative, judicial or corporate acts requiring the presence of the President entails the absence or impediment of the President and compels the Society, without any communication or justification.
Rule 29The Board has the broadest powers and powers for the organization and administration of the Society, without other limitations than those resulting from the law, of the Decree that authorizes the constitution of this Society and of this Statute.
Article 30The remuneration of the members of the Board shall be set by the Assembly, having to conform to the provisions of article 261 of Act No. 19.550 (t. or 1984).
Rule 31The President, Vice-President and Directors will respond personally and in solidarity with the irregular performance of their functions. Those who had not participated in the deliberation or resolution, and those who had participated in the deliberation or resolution or met it, shall be exempt from responsibility, shall make written record of their protest and report to the Fiscal Commission.
PART VI of FISCALIZATION Rule 32The control of the Society will be exercised by a Fiscalizing Commission composed of THREE (3) Headlines that will last one (1) exercise in their functions. TRES (3) Subsidiary Subsidiaries shall also be appointed to replace the holders in the cases provided for in article 291 of Act No. 19.550 (t. or 1984).
The incumbent and alternate syndicates will remain in their positions until their replacements are appointed. The actions Class "B" and "C", considered to this effect only as a single class of actions, will have the right to designate UN (1) Subject and UN (1) Alternate Syndicate. The remaining members of the Fiscal Commission will be elected by the Class "A" actions.
Rule 33Remuneration of the members of the Fiscalizing Commission shall be determined by the Assembly, in accordance with article 261 of Act No. 19.550 (t. 1984).
Rule 34The Fiscalizing Commission shall meet, at least once a month; it may also be cited at the request of any of its members within the CINCO (5) days of the request to the Chairman of the Fiscalizing Commission or the Board, if any.
All meetings shall be notified in writing to the domicile that each Syndicate indicates when assuming its functions.
The deliberations and resolutions of the Fiscalizing Commission shall be transferred to a record book, which shall be signed by the Trustees present at the meeting.
The Procurator ' s Commission shall secede with the presence of its THREE (3) members and adopt resolutions by a majority of votes, without prejudice to the rights conferred by the law on the dissident Syndicate.
He will be chaired by one of the Synods, elected by majority vote at the first meeting of each year; on that occasion he will also be elected as a substitute for the case of absence.
The president represents the Fiscal Commission to the Board.
PART VII Rule 35The social exercise will close on 30 June of each year, to which date the Inventory, the General Balance, a State of Results, the State of Evolution of the Neto Heritage and the Memory of the Directory must be made, all of them according to the legal, statutory and technical regulations in force in the matter.
Article 36Liquid and realized utilities will be distributed as follows:
(a) CINCO BY CIENTO (5 %) until reaching the VEINTE BY CIENTO (20 %) of the capital subscribed at least for the legal reserve fund.
(b) Remuneration of the Board members within the percentage set by article 261 of Law No. 19.550 (t. or 1984) which cannot be overcome, and of the Fiscal Commission.
(c) Payment of the dividends corresponding to the Staff Participation Bonuses.
(d) Voluntary reservations or forecasts that the Assembly decides to constitute.
(e) The remnant that turns out will be divided as dividend of shareholders, whatever their Class.
Rule 37The dividends will be paid to shareholders in proportion to the respective integrations, within the THREE (3) months of their sanction.
Rule 38ART. 38: The cash dividends approved by the Assembly and not charged prescribe in favor of the Society after three (3) years after making them available. In such cases, they shall include a special reservation, from which the Directory may be available.
PART VIII OF THE LIQUIDATION OF SOCIEDAD Rule 39The liquidation of the Society, originated in any case, shall be governed by Chapter I, Section XIII, Section 101-112 of Law No. 19.550 (t. 1984).
Article 40The liquidation of the Society shall be carried out by the Board or by the liquidators designated by the Assembly under the supervision of the Fiscal Commission.
Rule 41Cancellation of liability, including liquidation costs, shall be distributed among all shareholders, without distinction of classes or categories, and in proportion to their holdings.
PART IX TRANSITORY CLAUSULATIONS Rule 42Until the National State transfers the ownership of the class "A" shares and the class "B" shares represented by CATORCE by CIENTO (14 %) of the social capital of Transener S.
A. to the awardees of the International Public Competition for the Privatization of the Electricity Transport Activity in High Voltage, the Directory and the Society's Trade Union will be one-person, composed of UN (1) member and UN (1) alternate.
Rule 43As long as the actions Class "B" and "C" are owned by the National State, the designation of the titular and alternate Syndicate will correspond to the General SINDICATURA of PUBLIC COMPANIES or to the agency that replaces it.
Rule 44As long as the Class "C" shares are not converted into Class "B" shares, in the face of an increase in capital, the Class "C" shares will be offered to the employees-acquirants and, if there is a surplus, by priority order, to the other employees who have not entered the Prior Participated Property Program and to the Reserve, Guarantee and Reward Fund. Before offering to third parties the actions resulting from the increase, it will be granted to those who enjoy the right of preference in respect of this kind of actions, a period of SETENTA DIAS DOSCIENTS (270) for their exercise.
Annex II: Not published in Official Gazette. The unpublished documentation can be consulted at the Central Headquarters of the National Directorate of the Official Gazette (Suipacha 767, Capital Federal).
Annex III and IV: ACCESS REGULATION TO EXISTING CAPACITY AND COMPLIATION OF THE ELECTRIC ENERGY TRANSPORT SYSTEM and the CONEXION REGULATION AND USE OF THE ENERGY TRANSPORT SYSTEM : Not published in Official Gazette. The unpublished documentation can be consulted at the Central Headquarters of the National Directorate of the Official Gazette (Suipacha 767, Capital Federal).
For Resolution No. 488/99 of the Secretary of Energy B.O.29/9/1999 changed point 6 of appendix A to Title III of the Regulations, but the Regulation (annexes III and IV) was not published in Official Gazette.
For Resolution 175/2000 of the Energy Secretariat, B.O. 11/7/2000 is incorporated as Annex I the text: "Enlargement of the Electrical Energy Transport System by Open Call" to the aforementioned Regulation (not published). This resolution was subsequently repealed by Art. 1 Resolution No. 178/2000B.O. 14/11/2000.
For Resolution No. 178/2000 of the Ministry of Energy and Mining, B.O. 14/11/2000 is incorporated as Annex I to the aforementioned Regulation (not published) the following text:
(Note Infoleg: the modifications to the Annexes published in the Official Gazette can be consulted by clicking on the link "This rule is complemented or modified by standard X(s).")
Annex I
AMPLIATIONS OF THE ELECTRIC ENERGY TRANSPORT SYSTEM BY OPENING CONVOCATORY TO REALIZE WITH FFTEF APORTS
PART I. - DEFINITIONS
ARTICLE 1 : For the application of this procedure, please define the following definitions:
AMPLIATION BY THE ASIGNATION OF FINANCIAL RIGHTS: It is the procedure for the AMPLIATION of the ELECTRIC ENERGY TRANSPORT SYSTEM in which the INICITOR of AMPLIATION assumes the obligation to pay the ANNUAL CAN in a manner commensurate with its participation in the PROMOTION CONTRACT, and, depending on it, the INICITOR has the right to receive
BENEFITS NOT INITIAL: He is an agent or participant of the ELECTRlCO MAYORISTA MERCATE (MEM), with demand or generation of electrical energy physically located in the area of influence of an AMPLIATION FOR FINANCIAL RIGHTS ASIGNATION, which after the signing of the COM Contract has necessarily increased its demand or generation of electrical energy, being identified as such by application of the intended method of the
BENEDICT FOR THE ELECTRIC SYSTEM OF AMPLIATION: It is the difference between the net updated value of the costs of investment, operation and maintenance of the Electrical System as a whole with the modifications derived from the AMPLIATION the total cost of operation and maintenance without such modification. The costs of operation and maintenance should, in both cases, consider the cost of unsupplied energy (CENS).
ESTIMATE ANNUAL CANON: It is the best estimate of the annual canon to pay to the TRANSPORTIST or to a INDEPENDENT TRANSPORTIST for the construction, operation and maintenance of the new installations during the period of amortization that has been foreseen, for the realization of an AMPLIATION FOR FINANCIAL RIGHTS, an AMPLIATION FOR THE PUBLICATION
CANON ANUAL MAXIMO ADMISIBLE: It is the maximum value of the ANUAL CANON offered by the TRANSPORTIST or by a INDEPENDENT TRANSPORTIST in the public tender that is convened to select the COM Contractor of the AMPLIATION, which can be accepted by the EXECUTION COMMITTEE.
AMPLIATION TRANSPORT CAPACLDAD: It is the maximum power that can transmit an AMPLIATION of the High Voltage Electrical Energy Transport System. It will be determined jointly by the ORGANISM ENCARGINED DESPACHO (OED) and the TRANSPORTISTA, respecting the design and quality criteria of the System, for the most likely configuration of the system and dispatch on the horizon of the study.
CARGOS BY CONGESTION AND PERDIDAS: It is the difference between the time energy and power received in a receiving node of a High-voltage Electrical Transport System installation valued at prices in that receiver node, less the energy and power injected into the emitting node of that installation valued at the prices of the emitting node.
FFTEF ADMINISTRATION COMMITTEE (CAF): It is the committee provided for in Article 4 (a) of the Former SECRETARY Resolution of ENERGIA No. 657 of 3 December 1999, as amended by Ex SECRETARIAN Resolution of ENERGIA No. 174 of 30 June 2000 and its amendments.
EXECUTION COMMITTEE (EC): It is the Committee composed of the INICIADORS of a COMPLIATION FOR THE APPLICATION OF FINANCIAL RIGHTS or of a PUBLIC CONCURSE AMPLIATION or of an AMPLIATION FOR PARTIES, these DOS (2) last only in case of participation of the FFTEF and the CAFATION, if applicable, that Annex will be responsible for the tasks specified in this
CONTRACT OF PROMOTION OF AMPLIATION: It is the agreement between the CAF and the INICIADORs of an AMPLIATION FOR FINANCIAL RIGHTS, or of a PUBLIC CONCURATION WITH APORTS OF FFTEF or of an AMPLIATION FOR PARTIES WITH FFTEF APORTS, in which their rights and obligations are established.
CONVOCANTES: They are the MEM agents, MEM participants, the FFTEF Management Committee (CAF), or third parties that call, through the methodology of ABIERTA CONVOCATORIA, INTERESTED to participate in one of the procedures of AMPLIATION of the ELECTRIC ENERGY TRANSPORT SYSTEM in ALTA TENSION established in this Article 3(f) The character of the Convocant will remain until the INTERESTED abandons the process of AMPLIATION or cedes its PARTICIPATION.
OPENING CONVOCATORY: It is the methodology of identification of INTERESADOS in participating in an AMPLIATION OF THE ELECTRIC ENERGY TRANSPORT SYSTEM IN ALTA TENSION, who must, from such identification, define the procedure of AMPLIATION of the ELECTRIC ENERGY TRANSPORT SYSTEM in ALTA TENSION to apply for this FLIATION
FINANCIAL LAW OF TRANSPORT: It is the right of the INICITOR of a COMPLIATION BY THE ASIGNATION OF FINANCIAL RIGHTS, or of the holder of a Firm Proposal of Accepted Participation of a PUBLIC CONCURSE COMPLIATION WITH APORT OF FFTEF, or of the FFTEF (for the latter, whatever the procedure of enlargement adopted), to perceive the Cargos by Congestion and
FONDO FIDUCIARIO PARA EL, ELECTRICO FEDERAL TRANSPORT (FFTEF): It is the specific fund constituted by ex SECRETARIAN Resolution of ENERGIA No. 657 of 3 December 1999 and modified by ex SECRETARIAN Resolution of ENERGIA No. 174 of 30 June 2000 and its modifications.
INITIATORS: They are the CONVOCANTES and INTERESADOS that have signed the PROMOTION CONTRACT OF AMPLIATION.
INTERESTED: They are MEM agents, MEM participants, FFTEF's Management Committee, or third parties who are present to the CONVOCATORIA ABIERTA called by the CONVOCANTES.
PROCEDURES: These are the Procedures for the Programming of the Operation, the Cargo Office and the Price Calculation in the MAYORIST ELECTRIC MERCATE (MEM) approved by the ex SECRETARIAT Resolution of ENERGIA ELECTRIC No. 61 of 29 April 1992, its amendments and supplements.
PARTICIPATION: It is the percentage of the ANUAL CANON of an AMPLIATION that an INICITOR commits to pay firmly. This participation grants it the ownership of the FINANCIAL TRANSPORT RIGHTS and, the consequent right to receive in equal proportion to that of its PARTICIPATION, the Congestion and Loss Charges, and, on the other hand, to correspond, the SPECIAL PENALITIES paid by the TRANSPORTISTA or the INDEPENDIENDENT TRANSPORTEUR making decisions of the AMPLIATION If there are contributions from SALEX funds to the payment of the ANUAL CANON, for the purposes of the calculation of the PARTICIPATION, the contributions of such funds will be discounted.
SPECIAL PENALITIES: These are penalties higher than those set out in Annex 16, the SERVICE AND SANTIONS REGION OF THE TRANSPORT SYSTEM AT ALL THE TENSION OF THE PROCEDURES, that the EXECUTION COMMITTEE may require the TRANSPORTIST or the INDEPENDENT TRANSPORTISTIC TRANSPORTISTS that are covered by the Contract
REGLAMENT: It is the ACCESS REGULATION TO EXISTING CAPACITY AND AMPLIATION OF THE ELECTRIC ENERGY TRANSPORT SYSTEM.
PART II. - ABIERTA CONVOCATORY
ARTICLE 2° . The ABIERTA CONVOCATORY defined in this Title is a methodology for the management of expansions of the INTERCONEXION ARGENTINE SYSTEM (SADI) applicable to new lines and transformative stations in the high voltage network that are carried out in the field of the Concession of Electrical Energy Transport in High Voltage.
When an OPEN CONVOCATORY is called by the FFTEF Management Committee (CAF) as a CONVOCANT, the provisions of Title IV of this Annex shall apply.
ARTICLE 3° de CONVOCANTES may call ABIERTA CONVOCATORIA to carry out an AMPLIATION of the Electrical Energy Transport System in High Voltage, having to, for this purpose, fill the following steps:
(a) Organize and carry out an OPEN CONVOCTORY of INTERESTED to participate in the realization of an AMPLIATION to the High Voltage Electrical Transport System, which should be disseminated through public information media. They will also report on the scope of their project to the SECRETARIAT OF ENERGIA and MlNERIA, to the FEDERAL COUNCIL OF ELECTRIC ENERGY (CFEE), to the NATIONAL ENTER REGULAR OF ELECTRICITY (ENRE), to the ADDITIONAL COMPANY of the MERCATE MAYORISTA ELECTRICICO SOCIEDAD ANONIMA,
(b) They may request a binding definition of ENRE with respect to the possibility of using for the financing of the AMPLIATION contributions from the Transport Outreach Account (SALEX funds) of the Corridor whose restrictions that AMPLIATION eliminates or minimice, having said Ente issued within the TEN (10) days of the consultation. This definition will involve a reservation of such funds by NOVTA (90) days, which may be extended by ENRE at the request of the CONVOCANTES.
(c) To develop a Pliego for the OPEN CONVOCATORY, which will include the conditions under which the call is made, as well as all the information necessary for the INTERESADOS to formulate their proposals, and the date on which they and the others interested in the AMPLIATION will have to present their economic offers to participate in it.
The Pliego for the ABIERTA CONVOCATORY shall provide for the procedure by which it is proposed to carry forward the AMPLIATION, among those set forth in subparagraph (f) of this Article and the creation of sufficient guarantees to ensure continuity of management until the subscription of the COM Contract. It may also include a criterion for the distribution of the costs inherent in the management of the OPERATORY, prior to its signature, among all signatories of the COMPLIATION PROMOTION CONTRACT.
(d) To make available to all INTERESADOS to participate in the AMPLIATION, simultaneously with the call of CONVOCATORIA ABIERTA, the technical and economic information that allows them to know the available project.
They should include their best assessment of the ESTIMATE ANNUAL CANON that it would be appropriate to pay the TRANSPORTIST or the INDEPENDENT TRANSPORTIST for the construction, operation and maintenance of the new installations for the expected Amortization Period, as well as the estimation of the Transport Capacity of the AMPLIATION. During the period of consultations between INTERESADOS and CONVOCANTES, this budget may be adjusted, both in terms of the project that gave rise to it and the unit costs used for the estimate.
(e) To conduct briefings with INTERESADOS, in order to receive their comments, of which corrections to the documentation of AMPLIATION may eventually arise until QUINCE (15) days prior to the opening date of the proposals.
(f) To define the procedure of AMPLIATION to apply among the options set out below and to comply with, in this regard, the provisions of subparagraph (c) above:
I) AGREEMENT OF FFTEF PARTIES: to which the rules provided for in Title II of the Rules shall apply, except as provided for in Article 7 of this Annex.
II) PUBLIC CONCURSE WITH FFTEF APORTS: to which the rules provided for in Title III of the REGLAMENT shall apply, with the modifications introduced in Title V of this Annex, the CAF or the COMPLIATION EXECUTION COMMITTEE should be considered as the COMPLIATION REQUEST.
For the purpose of calculating the voting in the Public Hearing established in Article 11 of Law No. 24,065, the existing criteria will be maintained and the percentage corresponding to the FF-TEF's contribution commitment to exist, as a vote by the affirmative.
III) AMPLIATION BY ASIGNATION OF FINANCIAL RIGHTS established in this Title and in Parts IV and V of this Annex.
Whatever the selected extension procedure, the FFTEF will always correspond to it TRANSPORT FINANCIAL RIGHTS for its PARTICIPATION in the payment of the ANUAL CANON of AMPLIATION.
The monthly payments to be made by MEM agents or participants or third parties responsible for resolving the ANUAL CANON of an AMPLIATION, shall be treated differently according to the obligation to pay and the extended procedure applied, namely:
(a) Payments from MEM Agents or Participants for Non-signatory Proposals for Participation of PUBLIC CONCURSE The FFTEF will receive identical treatment as stipulated for the Extensions managed by the PUBLIC CONCURSE procedure established in Title III of the REGLAMENT.
(b) Payments from MEM Agents or Participants for FFTEF AMPLIATIONS FOR FINANCIAL RIGHTS ASIGNATION, to Firm Proposals for the Participation of PUBLIC CONCURSES WITH FFTEF APORTS, to AMPLIATIONS BY ACUERDO ENTRE PARTISTS WITH FFTEPEF APORTS and payments from third parties will be made directly by the debtors to the TRANSPORT
PART III. - AMPLIATION FOR FINANCIAL RIGHTS
CHAPTER I. - IMPLEABLE METHODY
ARTICLE 4° . The CONVOCANTES that organize the CONVOCATORIA ABIERTA should receive, at the indicated date, the irrevocable offers presented by the other INTERESADOS, having to accompany theirs.
The offers should specify the maximum financial contribution to commit to the payment of the ANUAL CANON. The percentage of PARTICIPATION accepted by each offerer shall be considered to be equal to the amount offered by the ESTIMATE ANNUAL CANON. However, each INTERESADO or CONVOCANTE may offer the acceptance of a smaller percentage, it must be understood that such percentage represents the minimum PARTICIPATION in the ANUAL CANON and the rights to it linked, that the offeror will admit in correspondence with the contribution offered by it.
Art. 5° CON The CONVOCANTES, once received all the offers, will add the amounts offered, it must be understood that the PARTICIPATION of each INTEREST and CONVOCANT in the ANUAL CANON will be equal to the amount offered by each one of them, divided by the ESTIMATE ANNUAL CANON, unless the sum of bids exceeds the total ANUAL CANON. In the latter case, such PARTICIPATION may not be less than the minimum proportion offered, if any.
In the event of an ASIGNATION OF FINANCIAL RIGHTS convened by the FFTEF Management Committee (CAF) or an AMPLIATION FOR FINANCIAL RIGHTS ASIGNATION convened by MEM agents or participants or third parties with FFTEF ASSPORT Application, the AMPLIATION procedure will continue as set out in Title IV or in Title V.
Article 6° . Once the FF-TEF input has been obtained, the CONVOCANTES and INTERESADOS who have made offers in the ABIERTA CONVOCATORY together with the CAF, will sign a Contract for the PROMOTION of the AMPLIATION, in which the commitment to the payment of their PARTICIPATION in the ANNUAL MAXIMO ADMISIBLE CHANGE will be established,
The signatories of the WIPO PROMOTION CONTRACT shall acquire the character of INICITORS and shall have a right to vote equal to their PARTICIPATION.
The costs arising from the establishment of the EXECUTION COMMITTEE shall be distributed, with the exception of the CAF, on the basis of the respective Participations, unless otherwise agreed.
Art. 7° . The selection of the Contractor who will perform the construction, operation and maintenance of the AMPLIATION (Commode COM) shall be made by means of a public tender to which the existing rules of selection of bidders will be applied for a Public Competition Extension, in the terms of Title III of the ACCESS REGULATION TO EXISTENT CAPACITY AND EMPLIATION OF THE TRANSPORT SYSTEM.
Art. 8° . For the management of AMPLIATION, the criteria provided for in Chapter II of this Title shall apply.
Art. 9 El The EXECUTION COMMITTEE formed by the COMPLIATION PROMOTION CONTRACT shall be responsible for:
(a) Redefining the value of the ANNUAL MAXIMO ADMISIBLE CANON in the event that there was an increase in the will to pay one or more of the signatory INITIES of the COMPLIATION PROMOTION CONTRACT. To this end, the minimum participation, if any, must be respected.
(b) Prepare the documents to obtain the authorization of COMPLIATION by ENRE, following the procedures detailed in Chapters II and III of this Title.
(c) Develop and submit to the approval of ENRE, the Petitions for the Call for Public Bidding for the Construction, Operation and Maintenance of AMPLIATION (Commodity Contract).
(d) To request the Office of the United Nations Educational, Scientific and Cultural Organization (O.E.D.) and the TRANSPORTIST to determine the capacity to transport the goods, within the framework of the scenarios that it considers most likely in the study horizon, if this had not been done previously by the CONVOCANTES.
(e) Establish and submit to the adoption of the ENRE, where appropriate, the period of amortization of the AMPLIATION.
(f) Once the authorization of the ENRE has been received, make the call for public tendering aimed at selecting the INDEPENDENT TRANSPORTIST that will be carried out by the Construction, Operation and Maintenance of the COMPLIATION.
(g) Attend the consultations of the bidders, evaluate the proposals, award to the one who has offered less ANUAL CANON and sign the respective Contract of Construction, Operation and Maintenance (Commodity Contract) of the AMPLIATION.
(h) Perform the functions of the Contractor with the COM Contractor and resolve disputes arising during the construction of the AMPLIATION.
(i) Manage the use of SALEX funds, if they had been allocated, in a whole according to the current regulation.
(j) Execute the inspection of the works of the AMPLIATION, with the scope defined by the members of the EXECUTION COMMITTEE, complementing the monitoring tasks carried out by the Concessionaire of the Public Service for the Transport of Electrical Energy in High Voltage (TRANSENER S.A.).
(k) To assume the representation of the INITIATORS in the resolution of the divergences that may arise with the COM Contractor regarding contractual aspects after the commercial authorization of the AMPLIATION, as well as issues related to the incorporation of NON INITIAL BENEFITS or to the transfer of the PARTICIPATION of any of the INICITORS, all until the termination of the Amortization Period.
ARTICLE 10. . If the public tender aimed at selecting the COM Contractor of the AMPLIATION does not present any offer whose ANUAL CANON is less or equal than the ANNUAL MAXIMO ADMISIBLE CANON established in the terms of Article 9 of this Annex, the quoted tender shall be declared deserted.
ARTICLE 11. . In the event of the situation described in the preceding article and being provided for in the COMPLIATION PROMOTION CONTRACT, a second call may be made, and it must be borne in mind that under no circumstances can the tender be awarded by an ANNUAL CANON greater than that established as ANUAL MAXIMO ADMISIBLE CANON.
CHAPTER II. - PROCEDURES TO MAKE AN AMPLIATION FOR FINANCIAL RIGHTS
ARTICLE 12. El The EXECUTION COMMITTEE shall submit a SOLICITUD to the TRANSPORTIST holding the concession of the Electrical Energy Transport System in High Voltage and to another Carrier to which the AMPLIATION may be linked, which must contain the following information:
(a) Description and technical characteristics of facilities that constitute AMPLIATION.
(b) Description and characteristic of the technical project included in the panels for the Construction, Operation and Maintenance Contract (Commodity Contract).
(c) Identification of the members of the EXECUTION COMMITTEE who will act as a COMMITMENT.
(d) Enabling date required by the EXECUTION COMMITTEE for the commercial service of the COMPLIATION and, if applicable, the planned timetable for the construction of the facilities.
(e) Studies of the TRANSPORT SYSTEM, in permanent state and before electromechanical and electromagnetic transients, in their area of influence, necessary to verify the technical feasibility of the SOLICITUD, according to the methodology provided in the Technical Procedure No. 1 of CAMMESA, called Studies Required for the Presentation of the Application for Access and Extension to the Transport System.
(f) Basic information required by SECRETARIAT OF ENERGIA and MINERIA in exercising the powers regulated by Article 36 of Law No. 24.065.
(g) If it is an expansion of transport capacity for the electrical supply of one or more demands from the INTERCONEXION ARGENTINE SYSTEM (SADI) through a radial line, the EXECUTION COMMITTEE, as a future COM Contractor, may request priority of access to the same against third parties requiring the use of such AMPLIATION. To do so, additionally, it will be presented:
I) Request for priority of access to third parties, by a power not greater than the capacity of the enlargement multiplied by the PARTICIPATION of the applicants, for a period to indicate, that it may not exceed the period of amortization of the COMPLEMENT.
II) Detail of the use that the SOLICITANT intends to make of the capacity of AMPLIATION during the priority period referred to in the preceding section, indicating the evolution envisaged in this use.
III) In the event that a demand has been signed with an MEM agent or commercializer, holder of the FINANCIAL RIGHTS OF AMPLIATION TRANSPORT with respect to which the priority is considered to be requested, a Contract for the Supply of the General Electrical Market (MEM) for a period exceeding CINCO (5) years that has as a point of delivery the point of connection to the MEM of consumption or a bar of a Power Station
(h) Request for allocation of SALEX funds to MPLIATION, if applicable.
(i) All other relevant information to evaluate SOLICITUD.
(j) Study of the Environmental Impact of WIPO.
ARTICLE 13. . TRANSPORTIST shall notify the ENRE and CAMMESA of the SOLICITUD referred to in the preceding article, accompanied by all the information presented by the EXECUTION COMMITTEE, within the DOS (2) days of its presentation.
TRANSPORTISTA and CAMMESA shall present to ENRE their technical assessment of the SOLICITUD AMPLIATION within the QUlNCE (15) days of the presentation.
ARTICLE 14. . The ENRE, after verification of the adequacy of SOLICITUD to the rules governing the Transport of Electrical Energy in High Voltage, will give it to publicity and will have, within the TREINTA (30) days of its presentation by LAPORT TRANSISTA, the holding of a Public Hearing in the terms of Article 11 of Law No. 24.065.
ARTICLE 15. s Characterizing the works to be carried out by the procedure of AMPLIATION FOR FINANCIAL RIGHTS ASIGNATION due to the fact that they have the commitment to payment of the ANUAL CANON by their INICITORs, which under no circumstances will be able to transfer costs to other USERS except as provided for in Chapter IV of this Title, in the Audiencia Pública to carry out only the favorable aspects of Article 24.
(a) Verify whether there are substantial observations of MEM agents on the harm that their facilities or their service may cause the projected AMPLIATION,
(b) Consider the relevant environmental aspects regarding the planned facilities.
ARTICLE 16. oposición If there is no opposition presented or recognized as valid, the ENRE will authorize the project, issuing the corresponding CERTIFICATE OF CONVENTION AND PUBLIC NECESSITY, which will enable the granting of the TECHNICAL LICENCE by the TRANSPORTIST within the QUINCE (15) days of the issuance of the certificate.
ARTICLE 17. . If there is a strong opposition, the ENRE will analyze its foundations and must be issued within the maximum period of QUINCE (15) days. Such a decision should be notified and publicized.
ARTICLE 18. . In the case of AMPLIATIONS for which access priority has been given, in order to maintain the priority given, the COMPLIATION Commissioner must make effective use of such access priority, avoiding compromising capacity that does not plan to use.
The ORGANISM ENCARGINED OF THE DESPACHO (OED) will control the fulfilment of this obligation and shall inform the ENRE of any situation involving an irregular use of the priority of access granted, and the ENRE may leave it without effect in case it verifies such irregular use.
It should be borne in mind that, insofar as SOLICITANT does not use the capacity for which it has priority of access, it may be freely used by third parties.
ARTICLE 19. La The priority of access for the Complaint of a COM Contract resulting from the application of the FlNANCIARY RIGHTS ASIGNATION procedure for a radial line will be modified and will apply only to users connected to AMPLIATION, when an authorized access is made to transform the radial line into part of a mallated system. Such access in no case may be denied due to the expiry of the priority.
CHAPTER III. RIGHTS AND OBLIGATIONS OF INITIATORS
ARTICLE 20. Los INITIATORS OF AMPLIATION FOR FINANCIAL RIGHTS ASIGNATION will have the following rights and obligations:
(a) To participate, through the Implementation Committee, in the preparation of the documents necessary for the presentation of the SOLICITUD of AMPLIATION to the ENRE and in the elaboration of the terms of reference and tenders for the selection of the TRANSPORTIST or the INDEPENDENT TRANSPORTIST that will build, operate and maintain it.
(b) Establish in the folds for the selection of the Contractor COM carrier of the COMPLIATION, to consider it appropriate, SPECIAL CRIMINALITIES to the Contractor. In this case the difference between the penalties provided for in the Service Quality and Sanctions Regime of the High Voltage Transport System and those established in the folds will be perceived only by INICIADORS.
(c) Pay the ANUAL CANON, in direct proportion to its PARTICIPATION.
(d) Perceiving the Congestion and Loss Charges arising from the operation of AMPLIATION, in direct proportion to its PARTICIPATION.
(e) Grant your PARTICIPATION in full or in part to another MEM agent or participant, or to a third party interested, which will replace you in all your rights and obligations. For the assignment to be valid, the ENRE and the COM Contractor must be approved. The latter may only reject it for reasons based on the solvency of the MEM agent or participant or third party interested to whom the PARTICIPATION is intended. ENRE may reject the assignment if the emerging principles of Act No. 24,065 are affected. The ENRE, ex officio or at the request of an INICIADOR may determine that the transfer is made by public tender. This criterion will not be applicable if the assignment is made in favour of a company controlled or controlling the assignor, which must be demonstrated to the satisfaction of ENRE.
(f) In the event that BENEFITS are incorporated, they may yield part of their participation, in accordance with the rules set out in Chapter IV of this Title.
(g) When studies carried out for a further expansion of the Electrical Energy Transport System in High Voltage or the Electrical Energy Transport Systems by Troncal Distribution demonstrate that it will produce a decrease in the transport capacity of the AMPLIATION or the corridor in which the same one is involved, in force at the time of entry of that new expansion, of more than one QUINCE FOR REGULATION (15%), they will be able to raise the situation In the event that the proposal for a solution is not satisfactory in the sole opinion of the ENRE, it will bring its conclusions to the SECRETARIAT OF ENERGIA and MINERIA for the purpose that it, after analysis, provides for the adoption of the regulatory measures it deems appropriate.
(h) TRANSPORT FINANCIAL RIGHTS will be extinguished at the end of the Amortization Period, from which the operating and maintenance costs and the congestion and loss charges will be recognized and paid as planned for the existing facilities of the High Voltage Electrical Energy Transport System.
(i) INITIATORS shall declare their demand or generation of electrical energy at the date of signature of the COMPLIATION COM Contract.
In addition, the OED must verify and record, at the same time, the demands and offers of the potential NON INITIAL BENEFITS of COMPLIATION.
ARTICLE 21. . Given the possible influence of the TRANSPORT FINANCIAL RIGHTS on the conditions of competition in areas with transport restrictions, the DESPACHO (OED) ORGANIZATION shall supervise the use of such Rights by the agents or Participants of the MEM, having to inform the ENRE of those circumstances where it is evaluated that such use constitutes a conduct contrary to the principles of free market abuse.
The OED shall carry a record containing the data of the holders of the FINANCIAL RIGHTS OF TRANSPORT, conformation of the business groups, their period of validity, the amounts paid in the public auctions referred to in Article 22 of this Annex and any other information considered relevant to the purposes of the analysis of the behaviors associated with the abuse of dominant position.
In turn, both ENRE and OED, in taking into account situations such as those described in the first paragraph of this article, shall inform SECRETARIAT OF ENERGIA and MINERIA, so that it evaluates, in exercise of the powers granted by Article 31 of Law No. 24.065 and its Regulation, the need to implement regulatory mechanisms to prevent them from forming.
ARTICLE 22. Los FlNANCIEROS OF TRANSPORTE that are not in the possession of the FFTEF should be offered for sale by its holders through the procedure of public auction that is set forth below, and whose particularities will be established by the OED, through a Technical Procedure for the public auction of FINANCIAL RIGHTS OF TRANSPORTE, which for such purposes produces and submits to the approval of the SECRETARIA DE ENERGIA:
(a) Each DOS (2) years, counted from the commissioning of an AMPLIATION, the corresponding TRANSPORT FINANCIAL RIGHTS will be offered for sale in public auction, the best bidder and fractionated at least VEINTE (20) equal parts, with different opening dates, and its holder may present bid at the auction.
(b) The amounts offered for the winning offers must be paid to each holder of the FINANCIAL TRANSPORT RIGHTS of the AMPLIATION. If the offer of the holder that has offered them at auction is to be won, it will maintain its TRANSPORT FINANCIAL RIGHTS on the part in which it was won at the auction.
CHAPTER IV.- Non-initiators
ARTICLE 23. . Who is identified as a BENEFIER NOT INICIPATION OF AMPLIATION BY ASIGNATION OF FlNANCIEROS RIGHTS, in accordance with the criteria set out in Subanexo I of this Annex, as a result of an increase in the generation or demand of electric energy in the Area of Influence of such AMPLIATION, will only be obliged to acquire PARTICIPATION in that part, in the one that establishes,
In acquiring a PARTICIPATION in the AMPLIATION FOR THE ASIGNATION OF FINANCIAL RIGHTS, the BENEFIER acquires identical rights and obligations to those of the INICITOR whose full or partial participation acquires.
To identify a non-initiatory BENEFIER, in the terms of Sub-Annex I of this Annex, if the corresponding acquisition of PARTICIPATION is not realized within the time limit of SESENTA (60) days, the OED will debit from its transactions in the ELECTRIC MERCATE MAYORISTA (MEM) the amounts corresponding to the PARTICIPATION calculated in the last paragraph
ARTICLE 24. La The allocation of the PARTICIPATION of INITIATORS to NON INITIAL BENEFITS shall be determined according to the following criteria:
(a) First of all, the BENEFIER shall acquire the FFTEF PARTICIPATION, in order to replace the contributions of this origin in the payment of the ANUAL CANON.
(b) Notwithstanding the provisions of the preceding paragraph, any INICITOR of the AMPLIATION may request the CAF to convene a public auction to compete with the BENEFIER NOT INITIATOR for the acquisition of the FFTEF PARTICIPATION.
The acquirer should continue to pay the part of the ANUAL CANON that corresponded to the FF-TEF and, for the only time, oblate an additional sum as a purchase price of the FINANCIAL TRANSPORT RIGHTS.
The FINANCIAL TRANSPORT RIGHTS granted by the FFTEF will be acquired by the INICIADOR who at public auction offers the largest additional sum. The amounts paid as a result of the sale of the FFTEF PARTICIPATION will enter the NATIONAL FUND OF ELECTRIC ENERGY.
(c) Secondly, the BENEFIER may replace other INITIATORs who wish to yield their PARTICIPATION, to the PARTICIPATION of each of them in the payment of the ANUAL CANON.
(d) Each initiator may refuse to reduce its participation, not being able to oppose another initiator.
(e) The procedure applicable to the conduct of the public auction on the financial rights of transport is set out in article 22 (c) of this Annex.
PART IV.- OPERATING CONVOCATORY INITTED BY THE ADMINISTRACTON COMMITTEE OF THE FIDUCIARY FUND FOR ELECTRONIC TRANSPORT (FCA)
ARTICLE 25. . The FFTEF Management Committee (CAF) may call OPEN CONVOCATORY and act as a CONVOCANT for a FINANCIAL RIGHTS ASIGNATION or a PUBLIC CONCURSE APPLICATION WITH FFTEF APORTs. To this end, the CAF shall apply the provisions of this Annex with the particularities set forth in this Title, for this purpose:
(a) Determine the Benefit of EMPLIATION for the Electrical System. To this end, when you call OPEN CONVOCATORY, the CAF will need to make public its FFTEF resource allocation criterion for the payment of the ANNUAL AMPLIATION CANON.
(b) Prior to the determination of the ANUAL MAXIMO ADMISIBLE CANON based on the sum of the offers necessarily presented to the ABIERTA CONVOCATORY, with more the contribution that the FFTEF will make. Such a contribution should be the highest equal to the annuality of the WIPO Benefit for the Electrical System, determined by the preceding section, and should be taken into account, for the purposes of its computation, the possibility that the other PARTICIPANTs will increase their offer of PARTICIPATION if the ESTIMATE ANNUAL CAN is not achieved.
(c) To develop a draft convention on the promotion of the exploitation, which should respect the minimum contents of the contract model to be defined by the SECRETARIAT OF ENERGIA and MINERIA. The draft contract will be considered by INTERESTED persons to participate in the COMPLIATION.
(d) Requiring from each INTERESTED its preferences regarding the procedure of AMPLIATION to continue to have to opt for one of those referred to in Article 3°, subparagraph (f) of this Annex, the configuration of the project to be promoted, understanding such a trace of lines, transformative stations of extremes and intermediates and other elements that make to the basic definition of the works and the ESTIMATE ANUAL CANON of the AMPLIATION,
(e) To require the ENRE, to consider it appropriate, a binding definition regarding the possibility of using inputs from the Transport Outreach Account (SALEX funds) of the Corridor whose restrictions this AMPLIATION eliminates or minimizes for its allocation to the financing of AMPLIATION.
ARTICLE 26. El The CAF, in order to act as a CONVOCANT of an AMPLIATION FOR FINANCIAL RIGHTS ASIGNATION or a PUBLICO CONCURSE WITH FFTEF'S APORTs, must prepare and submit to the SECRETARIAT OF ENERGIA and MINERIA the following documents:
(a) Benefit Assessment Procedure for the Electrical System of High Voltage Electrical Energy Transport System Extensions.
(b) Draft APPLICATION PROMOTION CONTRACT, which will faithfully reflect the principles set out in this Annex regarding the FFTEF's PARTICIPATION in the financing of a COMPLIATION. The CONTRACT OF PROMOTION OF COMPLIATION shall, in order to be validly recognized, necessarily contain the following requirements:
I) The provisions of articles 6°, 9°, 10, 11 and 24 of this Annex.
II) The COM Contract shall be awarded to the offerer who submits the offer with the minor CANON ANUAL in the public tender that is called for such purpose. The bidding documents should not admit offers with variants or alternatives other than the provisions of the Pledge.
If the Pliego admits the presentation of offers with technical alternatives, these, for the purpose of their admission, will have to satisfy the AMPLIATION Benefit Assessment for the Electrical System.
III) If the bid that is awarded is of a value of ANUAL CANON less than the ANUAL MAXIMO ADMISIBLE CANON, the FFTEF PARTICIPATIONS and the rest of the INICIPATIONS should be reduced in the same percentage.
ARTICLE 27. . The ELECTRIC ENERGY FEDERAL COUNCIL (CFEE) will be able to carry out studies of expansions to the High Voltage Electrical Energy Transport System, on its own initiative or at the request of third parties and present them to the CAF.
The CFEE may request the CAF to act as a CONVOCANT or INTERESTED in an ASIGNATION FOR FINANCIAL RIGHTS or in a PUBLIC CONCURATION WITH APORTS OF THE FFTEF if the project referred to in the preceding paragraph meets the following requirements:
(a) An objective benefit for the Electrical System determined in accordance with the procedure approved by the SECRETARIAT OF ENERGIA and MINERIA, in the terms of Article 26 of this Annex,
(b) FFTEF has unencumbered resources and
(c) AMPLIATION is defined by the SECRETARIAT OF ENERGIA and MINERIA as financed by the FFTEF.
PART V. OPERATING CONVOCATORY INITTED BY AGENTS OR PARTICIPANTS OF MEM or TERCEROS WITH SOLICITUD OF APORTS OF FFTEF
ARTICLE 28. . An MEM agent or a third party may initiate an OPEN CONVOCATORY for a COMPLIATION, requesting the use of funds from FFTEF.
ARTICLE 29. El The CONVOCANTE for the purpose of requesting the use of FFTEF resources must submit to the CAF a request that should include:
(a) All studies to enable this body to assess the Social and Private Benefits of the proposed COMPLIATION. These studies should follow the guidelines of the Benefit Assessment Procedure for the Electrical System of High Voltage Electrical Energy Transport System., prepared by the CAF in the terms of Article 26 of this Annex, and
(b) Technical information on the project to enable CAF to assess the accuracy of the costing of AMPLIATION and the impact of works on the environment and on the quality and safety of SADI.
ARTICLE 30. . The CAF will analyze the information presented and, within the CUARENTA and CINCO (45) days of receipt of the information, in case of considering it of interest due to the magnitude of the Benefit for the Electrical System resulting from the proposed AMPLIATION, will have to propose to the SECRETARIA DE ENERGIA and MINERIA that typifies the AMPLIATION as calculated by the maximum amount of the FFTEF
ARTICLE 31. . To define the SECRETARIAT OF ENERGIA and MINERIA the AMPLIATION as financed by the FFTEF, the PARTICIPATION of the CAF in the AMPLIATION will be governed by the same applicable criteria when it acts as CONVOCANT of the AMPLIATION.
PART VI: PUBLIC CONCURSE PUBLIC CONCURSES
CHAPTER I - APPLICABLE METHODY
ARTICLE 32. . When a PUBLIC CONCURSE APORTS OF FFTEF is managed, in the terms of Article 3(f)(II) of this Annex, the requirements of this Title shall be met, those that replace those established in Title III "AMPLIATIONS OF TRANSPORT CAPACITY by applicable PUBLICO CONCURSE" of the PUBLICO REGULATION,
CHAPTER II - PROCEDURES TO MAKE A COMPLIATION BY PUBLIC CONCURSE WITH FFTEFPORTS
ARTICLE 33. . Once the INTERESADOS have expressed their intention to participate in the AMPLIATION managed through the methodology of ABIERTA CONVOCATORIA, each Beneficiary, be INTERESTED or CONVOCANT, shall present to the CAF, at the date indicated in the Call, a percentage offer, identified as the Non-signatory Proposal of Participation. (% PNFPj) Along with this presentation, you will also have to raise your request to the CAF for the contribution of the remaining percentage until you reach the ESTIMATE ANNUAL CANON. The PARTICIPATION to recognize the FFTEF because of the requested contribution will result from the quotient between this contribution and the ESTIMATE ANNUAL CANON.
The CAF, when receiving Non-significant Involvement Proposals that present different percentages of PARTICIPATION for a given AMPLIATION, will select the highest percentage, which will be applicable to each of the Non-signed Involvement Proposals offered, thus determining the quantum of the economic commitment of participation in the Benefits of the AMPLIATION of each of the OFERENTES that has chosen for this type of offer and
The INTERESTED or CONVOCANTES who submit the request to the FFTEF contribution CAF are made by that act responsible for achieving the approval of the COMPLIATION SOLICITUD in the compulsion of wills convoked by ENRE, in accordance with Article 45 of this Annex.
ARTICLE 34. . INTERESADOS y CONVOCANTES may also formulate a Firm Proposal for Participation, identified as "$PFPk", thus understanding the firm commitment to payment of a certain amount as part of the ANNUAL CANON of AMPLIATION. The Firm Proposal for Participation shall acquire FINANCIAL TRANSPORT RIGHTS in proportion to the offered and accepted participation in respect of the ESTIMATE AMPLIATION ANNUAL CANON set out in the Convocation and, if any, shall be accorded, in the same proportion, SPECIAL CRIMINALITIES. INTERESTED or CONVOCANTES may yield this type of Participation Proposal, following the criterion set out in Article 20 (e) of this Annex.
ARTICLE 35. . Those who submit Involvement Proposals, whether Firm or Not Firm, may additionally submit Non-signed Involvement Proposals with "Payment Nominee Commitment" for which, by denouncing that a certain demand or generation of electrical energy not yet connected to the SADI is to benefit from the AMPLIATION by connecting, it contradicts the commitment to start paying its share in the ANUAL CANMPON from a specific date.
If the connection to the SADI is specified on the date specified in the offer, who has formulated a Non-significant Proposal of Participation with "Nominated Payment Commitment" and/or who replaces it as holder of the generation or demand of electrical energy not yet connected, shall assume the payment of the ANUAL CANON of the AMPLIATION as a result of the method of areas of influence, including that generation or demand.
If the connection is delayed beyond the date specified in the offer, the holder of a Non-significant Involvement Proposal with "Nominated Payment Commitment" shall take charge of the payment of the percentage of the ANUAL CANON resulting from the application of the Benefit calculated according to the provisions of Articles 36 and 41 of this Annex.
The holders of a Non-signature Proposal for Participation with "Payment Nominee Commitment" may assign them to those who replace it as holder of the generation or demand of electrical energy not yet connected, following the criterion set out in Article 20 (e) of this Annex.
In relation to the Non-signatory Proposals for Participation with "Nominated Payment Commitment" the following restrictions are set out:
(a) The non-significant proposal for participation of the Beneficiary j which determines the maximum percentage of the second equation of Article 37 of this Annex may not be a non-signatory proposal for participation with "Nominated payment agreement",
(b) No projections of generation or demand for electrical energy not connected beyond CUATRO (4) years from the date of submission of the supply shall be accepted;
c) for a given COMPLIATION will be accepted Non-significant Proposals for Participation with "Nominated Payment Commitment" that in total do not exceed the TEN BY SCIENTO (10%) of the Benefit determined for the first base period of use of it.
ARTICLE 36. Las The Firm Proposals for Participation will be accepted with priority to the Non-signatory Proposals for Participation. The necessary contribution to all the Beneficiaries of AMPLIATION i, to assign through the method of areas of influence, will result from the following equation:
Those beneficiaries who have made Firm Proposals for Participation will increase their vote in percentages identical to those for those Firm Proposals for Participation.
The NATIONAL ENTER OF ELECTRICITY (ENRE) will only give way to that SOLICITUD to show that the sum of the participation of the SOLICITANT in the benefits that the AMPLIATION produces in its Area of Influence, plus the participations committed in the Firm Proposals for Participation and the participation of the FFTEF, is equal to or greater than the TREINTA by CIENTO (30%) of such benefits.
ARTICLE 42. La SOLICITUD will be considered as ANUAL MAXIMO CANON, taking as such the value established by the EXECUTION COMMITTEE. In the event that this is greater than the ESTIMATE ANUAL CANON, provided for in the ABIERTA CONVOCATORY, the total payment to be made by the FFTEF cannot be increased beyond the value required under Article 33 of this Annex.
The NATIONAL ENTER OF ELECTRICITY (ENRE) will consider that the FFTEF PARTICIPATION is sufficient to demonstrate the desirability and economic feasibility of AMPLIATION with the ESTIMATE ANNUAL CANON, not being, therefore, of application as provided for in Article 19 of Title III of the REGLAMENT.
This criterion will be applicable even if the final FFTEF PARTICIPATION is equal to CERO (0).
ARTICLE 43. . The ENRE will publicize the SOLICITUD of AMPLIATION, the PERIODIC OF AMORTIZATION, the proposed ANUAL CANON, as well as the BENEFITS and the proportion with which they participate in the payment of that ANUAL CANON. The Public Hearing shall also be held in the terms of Article 11 of Act No. 24.065 within the TREINTA (30) days of receipt of SOLICITUD.
ARTICLE 44. . As a result of the Public Hearing, oppositions may be presented to the COMPLIATION SOLICITUD. Introducing the opposition by one or more BENEFITS participating in a TREINTA BY SCIENTY (30%) or more of the benefits of AMPLIATION, considered the correction contemplated in articles 36 and 41 of this Annex, the NATIONAL ENTER OF ELECTRICITY (ENRE) must reject without further processing the questioned SOLICITUD. In the event of rejection, the INITIATORS who have presented the Proposals for Participation, whether Firm or Not Firm, will lose the guarantee provided for in the PROMOTION CONTRACT.
ARTICLE 45. If there is no opposition or has been rejected in accordance with the provisions of the preceding article and in accordance with the procedure set out in Article 21 of Title III of the Rules, the ENRE will approve the SOLICITUD OF AMPLIATION, the PERIOD OF AMORTIZATION, the ANUAL CANON, the COEFIT OF MAJORATION of the sanctions during the period of AMORTIFICATION, In turn, it will grant the CERTIFICATE OF CONVENTION AND PUBLIC NECESSITY of PUBLICATION, allowing the TRANSPORTIST to define the terms of the TECHNICAL LICENCE required for its implementation, within the TREINTA (30) days.
To include the SOLICITUD of AMPLIATION the allocation of funds from one or more Sub-accounts of Transport surpluses (SALEX account), the ENRE will proceed according to paragraph 6 of Appendix A of Part III of the REGLAMENT.
ARTICLE 46. . Obtained the authorization of the NATIONAL ELECTRICITY REGULAR ENTER (ENRE), the SOLICITANT shall make a public tender for the purpose of selecting the TRANSPORTISTA or TRANSPORTISTA lNDEPENDIENTE that will carry out the construction, operation and maintenance of the AMPLIATION proposed in its SOLICITUD through a COM Contract. The tender and contractual documentation as well as the award act will require the prior approval of the CAF, as well as the NATIONAL REGULAR ENTER OF ELECTRLITY (ENRE), respecting in the latter case the deadlines provided for in the regulation.
ARTICLE 47. , Once the proposals are submitted by the companies concerned, ENRE must:
(a) If there are offers whose ANUAL CANON is less than the MAXIMO ANUAL CANON included in the SOLICITUD of COMPLIATION, the NATIONAL ENTER OF ELECTRICITY (ENRE) will directly authorize the COMITENT to celebrate the CONTRACT OF CONSTRUCTION, OPERATION AND MAINTENANCE (CONTRACT COM) with the Offerer that the least ANUAL CANcitaON offers.
(b) If there are no offers whose ANUAL CANON is less than the MAXIMO ANNUAL CANON included in the SOLICITUD of AMPLIATION, the NATIONAL REGULAR ENTER of ELECTRICITY (ENRE) will have to desist the bidding being automatically revoked the CERTIFICATE OF CONVENIENCE AND NECESITY PUBLICA granted.
ARTICLE 48. . The AMPLIATIONS that are executed through the PUBLIC CONCURSE procedure with FFTEF's APORTs will be solved by all those agents that are recognized as BENEFITS in the area of influence of such AMPLIATION, in the proportion that results from the provisions of Article 36 of this Annex.
For this purpose, the provisions of paragraphs 6.2.2 and 7.2 of Annex 18 of PROCEDURES, including SPECIAL CRIMINALITIES and VARIABLE INCOME REMUNERATION (RVT) not assigned to holders of FINANCIAL RIGHTS OF PARTICIPATION, shall apply.
In any case, the obligation of payment assumed by the FFTEF with respect to the ANNUAL CANON of the AMPLIATION, which will be in legal currency, shall not undergo modifications during the AMORTIZATION PERIOD of the AMPLIATION, except those resulting from the price adjustment criteria agreed upon in the COM Agreement.
Those BENEFITS that had not been INITIATORS of AMPLIATION and which are identified as users of it by means of the method of the areas of influence that works at point 7.1 of Annex 18 of PROCEDURES will be solved the part of the ANUAL CANON that corresponds to them according to their Benefit, replacing the FFTEF in their obligation to pay.
The partial or total replacement of the FFTEF payment obligation will be irreversible and the entire BENEFITS will be obliged to pay the new percentage of the ANUAL CANON resulting from this substitution, each of them in proportion to their original shares. However, in no case would the participation of a given BENEFIER be superior to the CIEN BY SCIENTY (100%) of what would correspond to it by application of the method of the areas of influence established in point 7.1 of Annex 18 of PROCEDURES.
ARTICLE 49. El The CONTRACT COM de la AMPLIATION to subscribe in case of AMPLIATIONS managed the PUBLIC CONCURSE procedure with FFTEF APORTs must be in accordance with the pay guidelines defined below:
(a) During the period of AMORTIZATION, the extension of which was proposed by the INITIATORS and accepted by the ENRE, and which will be counted from the date of Commercial Enabling of the AMPLIATION: the remuneration will be monthly and equal to the twelfth part of the ANUAL CANON approved.
(b) During the period of EXPLOTATION, which will be computed from the end of the period of the period of payment, the monthly remuneration will be the result of the pay regime applicable to existing facilities of the TRANSPORTIST.
(c) The FFTEF PARTICIPATION in the ANUAL CANON will cease at the end of the AMORTIZATION PERIOD.
ARTICLE 50. . The FFTEF will perceive the FINANCIAL TRANSPORT RIGHTS associated with its participation, throughout the period of AMORTIZATION.
SUBANEX I
CALCULO OF THE PARTICIPATION OF NON- INITIAL BENEFITS
I. GENERAL
The procedure detailed in this section is intended to identify the NON INITIAL BENEFITS of an AMPLIATION of the High Voltage Electrical Energy Transport System within their Amortization Period.
II. IDENTIFICATION AND CATEGORIZATION OF ELECTRIC ZONES
Within the Electric Regions in which the country is divided, the following electrical zones are categorized, among which the AMPLIATIONS of the High Voltage Electrical Transport System can be carried out.
These areas will be:
1. GREAT ELECTRIC REGION
l.a. Great area
2. ELECTRIC REGION
2.a) ATLANTICA
2.b) Zona BUENOS AIRES CENTRO
3. LITORAL ELECTRIC REGION
3.a) ROSARIO area
3.b) GREAT HEALTH Zone
3.c) SANTO TOME Area
4. ELECTRICA CENTRO REGION
4.a) CENTRE Zone
5. REGION ELECTRICA NEA
5.a) RESISTANCE Zone - ROMANG - P. OF THE PATRIA
5.b) YACYRETA Area
6. ELECTRIC REGION
6.a) Area CUY NORTE
6.b) Area CUY SUR
6.c) MINERA EXPLOTATION Area
7. NOA ELECTRIC REGION
7.a) NOA SUR Area
7.b) NORTE NOA Zone
8. ELECTRIC REGION COMAHUE
8.a) COMAHUE Zone
9. REGION ELECTRICA PATAGONIA SUR
9.a) NORTE PATAGONICA
9.b) SUR PATAGONICA
In sub-paragraph III of this Sub-Annex and for each of the electrical zones listed, the types of agents that are constituted in non-initiatory BENEFITS of the AMPLIATIONS that are carried out within the framework of the PLAN FEDERAL DE TRANSPORTE IN KILOVOLTIOS QUINIENTS (500 kV).
The participation of each new BENEFITIVE NOT INITIATOR in the payment of the ANUAL CANON of one of these AMPLIATIONS will be calculated using the method of the areas of influence, with the following modifications to paragraph 5 of Annex 18 of the Procedures:
(a) In all cases the method will be applied considering the increase in demand or the generation installed. These increases will be assessed in each seasonal period and demand will be considered the peak demand for the period.
(b) The percentage of a non-initiatory BENEFIER (%PMUpij) participation in an AMPLIATION may not exceed the quotient between its demand or incremental generation and the capacity of AMPLIATION.
III. IDENTIFICATION OF BENEFITS
For the purposes of the AMPLIATIONS included in the PLAN FEDERAL DE TRANSPORTE IN KILOVOLTIOS QUINIENTS (500 kV), the following criteria are defined for the identification of NON INITIAL BENEFITS of the AMPLIATIONS that are carried out:
(a) COMAHUE - GREAT MENDOZA (tramo COMAHUE - REJUNS)
I. COMAHUE Area Agents
II. Agents of the Zones CUYO NORTE and CUYO SUR
III. Export/importation to Chile
IV. Agents of the MINERA EXPLOTATION Zone
(b) COMAHUE - GREAT MENDOZA (tramo REYUNOS - GREAT MENDOZA)
I. COMAHUE Area Agents
II. Agents of the Zone CUY NORTE and CUO SUR
III. Export/importation to Chile
IV. Agents of the MINERA EXPLOTATION Zone
(c) BRACHO - SAN JUANCITO - RESISTANCE (tramo BRACHO - ROQUE SAENZ PEÑA)
I. Agents of the NOA NORTE and NOA SUR Zones
II. Export/importation to Chile in KlLOVOLTIOS (500 kV)
III. Agents E. T. ROQUE SAENZ PEÑA
IV. Generation and Export/Importation YACYRETA Area
(d) BRACHO - SAN JUANCITO - RESISTANCE (tramo ROQUE SAENZ PEÑA - RESISTANCE)
I. Agents of the NOA NORTE and NOA SUR Zones
II. Export/Importation to Chile in KILOVOLTIOS QUINIENTS (500 kV)
III. Agents E. T. ROQUE SAENZ PEÑA
IV. Generation and Export/Importation YACYRETA Area
(e) GREAT MENDOZA line - LA RIOJA (tramo MENDOZA - SAN JUAN)
I. Agents of the Zone
II. Agents of the MINERA EXPLOTATION Zone
(f). Line GRAN MENDOZA - LA RIOJA (tramo SAN JUAN - RODEO)
I. Agents of the MINERA EXPLOTATION Zone
(g) GREAT MENDOZA line - THE RIOJA (RODEO - LA RIOJA)
I. Agents connected to E. T. LA RIOJA
II. Agents of the MINERA EXPLOTATION Zone
(h) BRACHO - THE RIOJA or RECREO ;
I. NOA agents
II. Agents connected to the E.T. THE RIOJA
(i) MEM-MEMSP line
I. Agents of the NORTE PATAGONICA and SUR PATAGONICA
(j) Future COMAHUE Line (LAUGHTER SEA)
I. Agents of the Great Zone
II. ATLANTICA Zone agents
Annex V: Not published in Official Gazette. The unpublished documentation can be consulted at the Central Headquarters of the National Directorate of the Official Gazette (Suipacha 767, Capital Federal).
