National Electricity Regulation E.elec. - Transfer Of Powers - Full Text Of The Norm

Original Language Title: ENTE NACIONAL REGULADOR DE LA ELECTRICIDAD GENERACION E.ELEC. - TRANSFERENCIA DE ATRIBUCIONES - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
NATIONAL REGULARITY Decree 570/96 Transfer to the Ente the powers and responsibilities of the Implementing Authority with respect to all the tasks involved in the administration of concession contracts for the generation of electric energy through the use of Hydroelectric Powers.

Bs. As., 30/5/96

VISTO Chapter XII of Law No. 24,065 as it establishes the characteristics and competence of the NATIONAL ENTER REGULAR OF ELECTRICITY (ENRE), and

CONSIDERING:

That the most effective and economic use of the structures and resources of the competent public bodies in the Electrical Sector advises to concentrate on the NATIONAL ENTER OF ELECTRICITY (ENRE) the powers and responsibilities of the Authority of Application of the concessions granted under Laws No. 15,336 and No. 24,065.

That this has been expressly provided for in the Concession Contracts for the provision of public services for the transport and distribution of electricity, the terms of which were approved by Decrees No. 714 of 28 April 1992 and No. 2743 of 29 December 1992.

That, on the other hand, according to the terms of Decrees No. 287 of 22 February 1993, No. 369 of 10 March 1994, No. 1160 of 15 July 1994 and No. 1807 of 13 October 1994, it was determined that they would be subject to the SECRETARIAT OF ENERGIA and TRANSPORTS of the MINISTERY OF ECONOMY AND OURS AND SERVICES PUBLICOS, as the Implementing Authority, the Concession Contracts for the Generation of Electrical Energy through the use of Hydroelectric Powers under federal jurisdiction.

That such a decision, adopted by the NATIONAL EXECUTIVE PODER in exercise of powers conferred upon it by the above-mentioned laws, was basically due to reasons of opportunity and convenience in which the specific characteristics of the activity granted - which is not of the nature of public service - were merited, the earliest possible viability of the agreements with the local authority mentioned in Article 15 (2) of Law No. 15,336, and the then incipient responsibility.

At present, the NATIONAL ENTER OF ELECTRICITY (ENRE) has an organization that allows to cover with the largest economy of resources the totality of the tasks involved in the administration of concession contracts for the generation of electric energy through the use of Hydroelectric Powers.

That it is then appropriate and timely to transfer to the aforementioned entity the powers and responsibilities of the Authority of Application of the aforementioned contracts, as well as their administration.

That, in turn, in accordance with the terms of Article 76 of Law No. 24.065 and its regulation, it is always available against the resolutions of the NATIONAL ENTER REGULAR OF ELECTRICITY (ENRE) the recursive way before the SECRETARIAT OF ENERGIA and TRANSPORTE of the MINISTERY OF ECONOMY AND PUBLIC SERVICES.

The Permanent Legal Service of the area has taken action.

That the NATIONAL EXECUTIVE POWER is empowered to issue this act under the provisions of Article 91 of Law No. 24,065, and the powers conferred by Article 99 (1) of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 . Transfer from the SECRETARIAT of ENERGY and TRANSPORT of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES to the NATIONAL ENTER REGULAR OF ELECTRICITY (ENRE) the powers and responsibilities of the Authority of Application of the Concessions for the hydraulic generation of electric energy through the use of the hydroelectric HIDROELECTRICA NORPATAGONICA SOCIEDAD ANONIMA y AGUA y ENERGIA ELECTRICA SOCIEDAD DEL ESTADO, y la administración de los correspondiente contracts.

Art. 2o . The provisions of Article 1 of this act do not affect the powers and responsibilities of the Authority of Application recognized in each Contract of Concession to the local authority regarding the management of waters and protection of the environment, and the REGIONAL ORGANIZATIONS OF SECURITY OF PRESAS (ORSEP) regarding the safety of dams, reservoirs and auxiliary works.

Art. 3o Without prejudice to the provisions of Article 1 of this Decree, the SECRETARIAT OF ENERGY AND TRANSPORT OF THE MINISTERY OF ECONOMY AND OURS AND SERVICES PUBLICOS will continue to perform in the aforementioned contracts, for the corresponding purposes, the representation of the consignor.

Art. 4o Article 12 of Decree No. 287 of 22 February 1993, Article 11 of Decree No. 369 of 10 March 1994, Article 11 of Decree No. 1160 of 15 July 1994, and Article 11 of Decree No. 1807 of 13 October 1994.

Art. 5o La SECRETARIAT OF ENERGY AND TRANSPORT OF MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS shall issue the complementary and clarification rules to give rise to the implementation of the provisions of this act.

Art. 6th . The NATIONAL ENTER OF ELECTRICITY (ENRE) will notify this Decree to WATER AND ELECTRIC ENERGY SOCIEDAD OF THE STATE and to the companies responsible for the concessions for the generation of hydroelectric power granted in the context of the privatization processes of HIDRONOR S.A. HIDROELECTRICA NORPATAGONICA SOCIEDAD ANONIMA y AGUA y ENERGIA ELECTRICA SOCIEDAD DEL ESTADO.

Art. 7o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A. Rodriguez. . Domingo F. Cavallo.