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ESTABLISHES A NEW SYSTEM OF TRANSMISSION ' N ELECTRICAL POWER AND CREATES AN INDEPENDENT COORDINATING BODY OF THE NATIONAL ELECTRICITY SYSTEM

Original Language Title: ESTABLECE UN NUEVO SISTEMA DE TRANSMISIÓN ELÉCTRICA Y CREA UN ORGANISMO COORDINADOR INDEPENDIENTE DEL SISTEMA ELÉCTRICO NACIONAL

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LAW NO. 20,936 ESTABLISHES A NEW SYSTEM OF ELECTRICAL TRANSMISSION AND CREATES AN INDEPENDENT COORDINATING BODY OF THE NATIONAL ELECTRICITY SYSTEM Having present that the National Congress has given its approval to the following " Article 1 °.-Introduces the following amendments to the decree with force of law Nº 4/20.018, 2006, which fixes recast, coordinated and systematized text of the General Law of Electrical Services: 1) Amend article 7 ° in the following sense: a) Replace in the third indent the expression "trunk and subtransmission" by "national, zonal and for poles of development of generation". (b) Replace in the fourth indent the expression "trunk" by "national" and incorporate below the word "open" the following sentence " or closed subject to the obligations of information and publicity referred to in the seventh indent of the Article 2 (2) of Law No 18,046 ". (c) Replace in the seventh indent the words" trunk "by" national ". (d) Reposition, in the eighth indent, the word "troncal" by "national". e) Replace, in the ninth indent, the word "troncal", the two times that it appears, by "national". 2. the following Article 8 (a), new Article 8 (a), new: " Article 8a.-Any owner, tenant, user or person who exploits any central generating capacity interconnected to the electrical system and subject In coordination with the Independent Coordinator of the National Electrical System, hereinafter the Coordinator, it should constitute electric generation turning societies with domicile in Chile. In addition, any owner, tenant, user, or who exploits any facilities for the provision of complementary services or energy storage systems which are connected to the national electricity system shall (3) Intercalase, following Article 72 °, the following Title II BIS, new: " Title II BIS: Coordination and operation of the National Electrical System Article 72 ° -1.-Principles of the Coordination of the Operation. The operation of the electrical installations which operate interconnected, must be coordinated in order to: 1.-Preserve the safety of the service in the electrical system; 2.-Guarantee the most economical operation for all the electrical system installations, and 3.-Ensure open access to all transmission systems in accordance with this law. This coordination shall be carried out through the Coordinator, in accordance with the technical standards to be determined by the Commission, this law and the relevant regulations. In addition, the Coordinator will have to carry out the programming of the operation of the medium systems in which there is more than one generating company, according to the law, the regulations and the technical norms. Such undertakings shall be subject to this programme of the Coordinator. The Coordinator will only be able to directly operate the systemic control, communication and monitoring facilities necessary for the coordination of the electrical system. Article 72 ° -2.-Obligation to Sujetse to the Coordination of the Coordinator. Any owner, tenant, user, or who operates, for any degree, generating plants, transportation systems, facilities for the provision of complementary services, energy storage systems, distribution and facilities of free customers and that they are interconnected to the system, henceforth "the coordinated", will be obliged to be subject to the coordination of the system that the Coordinator carries out according to the current regulations. The means of generation which are connected directly to distribution facilities, referred to in Article 149 (6) and which do not comply with the conditions and characteristics referred to in Article 149 (a), are also coordinated. "Small means of distributed generation". The regulation may lay down different requirements for the coordinated according to its capacity, technology, availability or systemic impact, among other technical criteria. The Coordinates shall be required to provide the Coordinator in a timely manner and to update all information, in full, complete and truthful form, as required for the performance of his duties. The Coordinator may carry out audits of the information referred to in the preceding paragraph. In order to perform its duties, the Coordinator shall formulate the operational and maintenance programs, issue the instructions necessary for the implementation of the coordinated operation and may request the Coordinates to perform the tasks. testing of their facilities or the certification of the information provided or their processes, so that the operation of their facilities or those operated by it is verified not to affect the coordinated operation of the system electrical. It may also define the conduct of periodic audits and inspections of installations. The omission of the duty of information, whether it is a requirement of information or where appropriate without mediation, as well as the delivery of false, incomplete or manifestly erroneous information, or non-compliance with the provisions of this Article, will be sanctioned by the Superintendence. Article 72 ° -3.-Coordination of the Electricity Market. The coordinator shall also be responsible for coordinating and determining the economic transfers between undertakings subject to their coordination, for which the instantaneous marginal costs of the system shall be calculated, the transfers resulting from the economic balance sheets of energy, power, complementary services, use of the transmission systems, and all payments and other obligations laid down in the current rules in respect of the electricity market. Article 72 ° -4.-Internal Procedures of the Coordinator. For its operation the Coordinator may define internal procedures, which shall be designed to determine the internal rules governing his or her actions, the communications with the competent authorities, the coordinated authorities and the general public, and/or work methodologies and detailed requirements which are necessary for the proper performance and performance of their duties and obligations, which shall comply with the provisions of the law, the regulation, technical standards which the Commission and other rules in force. Article 72 ° -5.-Coordinator's privileges on Open Access. In order to comply with the end referred to in Article 72-1 (3), the Coordinator shall authorise the connection to the transmission systems by third parties, verifying compliance with the requirements and requirements to which it must be attached, and instructing the necessary measures to ensure it within the time limits defined in the respective authorization. The Coordinator shall also establish the technical capacity available for the dedicated transmission systems and authorise the use of such capacity. Article 72 ° -6.-Security of the Electrical System. The Coordinator must require the coordination of the technical regulations, in particular the standards contained in it and the technical requirements that it is instructing, including the provision of the services complementary to refers to Article 72 ° -7, to any interconnected installation or to interconnecting the electrical system. The Coordinator shall, in order to preserve the security of the service in the electrical system, instruct the Commission in accordance with the following Article 72 ° 7 to provide for the compulsory provision of the additional services defined by the Commission. Article 72 ° -7.-Complementary Services. The coordinators shall make available to the Coordinator the technical resources and/or infrastructure which they provide for the provision of the complementary services, which will enable the coordination of the operation referred to in the Article 72 ° -1, in accordance with the technical rules laid down by the Commission. In the event that these resources and/or infrastructure are insufficient, the Coordinator shall instruct the required implementation of the necessary resources or infrastructure. The Commission shall, by means of a resolution exempted, and after the coordinator's report, define the complementary services and their categories, taking into account the security and quality requirements of the electrical systems and the technological characteristics of the those services. Annually, during the month of June, and on the basis of the resolution outlined in the previous paragraph, the Coordinator will produce a report of complementary services, in which he must point out the services required by the electrical system. with their respective calendarisation, indicating the technical resources necessary for the provision of such services, the infrastructure to be installed for their benefit and their useful life, if the latter is required, and the annual maintenance efficient associated with the infrastructure, as appropriate. In addition, the report shall indicate for each of the services required the mechanism through which its provision and/or installation will be materialized. The experts may submit to the opinion of the panel of experts their differences in the results of the report before the end of the ten days following their communication. For the elaboration of the report of complementary services and the definition of the mechanisms with which they will be materialized, the Coordinator will have to analyze the existing market conditions and the nature of the services required for establish such mechanisms, which shall be tenders, or auctions where the requirement is of a very short term, as determined by the regulation. Exceptionally and only when the conditions of the market is not competitive or the tenders or auctions are declared deserted, the provision and/or installation may be instructed directly. Cost studies, tenders and auctions for the provision of complementary services shall be carried out by the Coordinator. In the case of the cost study, the bases must be approved by the Commission. The services to be provided or installed directly will be valorized by an efficient cost study. The results of this study may be submitted to the Panel's opinion within 10 days of its communication by the Coordinator. For its part, the value of the additional services tendered or auctioned shall correspond to the value awarded in the tender or auction. The Commission may fix the maximum value of tenders for tenders and tenders for supplementary services, by means of an exemption, which, in the case of invitations to tender, may be reserved and shall remain hidden until opening of the respective bids. Where the invitation to tender or the auction of a supplementary service is declared deserted, the Coordinator may instruct the direct provision of the respective appeal or the direct installation of the necessary infrastructure for the provision of such a service. resource, as appropriate. In such cases, the value of the services shall correspond to the maximum prices fixed for tenders or auctions declared to be deserted, or those to be fixed by the Commission, as appropriate, which may be submitted to the opinion of the Experts within 10 days of such a declaration. Investments associated with new infrastructure, with their annual efficient maintenance costs, as referred to in the supplementary services report, shall be remunerated for a period equivalent to their lifetime identified in that report. (a) report and the discount rate referred to in Article 118 °. The remuneration referred to above shall be financed by the end-users through a charge of supplementary services, which shall be incorporated into the single office referred to in Article 115. The remuneration for the provision of the technical resources required for the operation of the electrical system shall be the responsibility of the generating undertakings engaged in withdrawals intended for end-users from the electrical system or the subsystem, define the Commission in the light of the nature of the service and its systemic or local effects. The remuneration of the additional services must at all times avoid the double payment of services or infrastructure. Article 72 ° -8.-Public Information Systems of the Coordinator. The Coordinator shall implement public information systems containing the main technical and economic characteristics of the facilities subject to coordination. Such systems shall contain at least the following information: (a) Detailed technical characteristics of all generation, transmission and free customers subject to coordination, such as electrical, constructive and geographical; and distribution facilities, as appropriate; History of expected system operation, such as expected marginal costs, forecast demand, cotas and reservoir levels, operation and maintenance programs, fuel stock available for generation, among others; c) Background to the level of compliance with the technical regulations of the installations (d) Background to the actual operation of the system, including deviations from scheduled operation, demand, generation of power plants, real marginal costs and transit power, among others; the economic transfers to be determined by the companies subject to coordination, such as real marginal costs, real demand for the bar and withdrawal, a history of charge for the use of the transmission systems, services complementary, and in general all those payments which it is appropriate to calculate according to the (f) Information with the main characteristics in respect of supply contracts in force between supply companies and customers, including at least the date of subscription of the contract, periods of validity, points and volumes of withdrawals agreed in the respective contracts, except those aspects of commercial and economic nature contained therein; g) Information regarding studies and reports to be developed by the Coordinator in compliance with the regulations (h) the reports of the audits, as well as the results obtained from them; developed or requested by the Coordinator; (i) Annuity of the V.I. and C.O.M.A. of each of the transmission facilities, as indicated in the Regulation; (j) The valorization and individualization of the rights related to the use of soil, such as those relating to the acquisition of land, its use and enjoyment, expenses and compensation paid for the establishment of voluntary or forced easements, inter alia, as well as the respective title which serves as a precedent; reports referred to in Article 72 (15) of this Law; (l) Communications between the Coordinator and the coordinates that are not under the cause of secrecy or reserve according to the law, and m) All that information determined by the Regulation, the Technical Standard, or requested to incorporate by the Ministry of Energy, the Commission or the Superintendence. It will be the responsibility of the Coordinator to verify the completeness, quality, accuracy and timeliness of the information published in the respective information systems. Article 72 ° -9.-Background for the Registry of Facilities in the Public Information Systems of the Coordinator. The Coordinates shall submit to the Coordinator the background and information which shall serve as the basis for the records referred to in points (a) and (j) of the preceding Article, within the 30-day period from the entry into operation, modification or withdrawal of the respective facilities. Only those rights of use of land, expenses and compensation paid in respect of which the value paid is credited and which are contained in the register referred to in point (j) of the Article shall be valorised. precedent. The definition of the area to be valorised shall be determined according to the least amount of space between the area indicated in the title in which the right to use the soil or the right to use the soil is established. For such purposes, the Superintendence will be dictated to such effects. In any event, the coordinated authorities may request, for sound reasons, to be considered for the purposes of their recovery, all or part of the area covered by the title in which the establishment of the respective right of use of soil is established, the surface area is greater than that covered by the safety standard and is previously authorised by the Superintendence for reasons of greater system security, or in addition, where it is not possible to acquire or use land on minor surfaces, without prejudice to the provisions of the final article 69 °. Notwithstanding the foregoing, the Coordinator, either on his own initiative or at the request of the Commission or the Superintendence, may carry out audits of the inventories presented by the companies, in order to verify the accuracy of the information and background presented by them. Where it is verified that the information and background presented differ substantially from the existing technical characteristics, the respective facilities shall be excluded in full from the following charging process Chapter IV of Title III of this Law. Also, the total of sums overpaid for up to five tariff periods, shall be discounted from the payment of the remuneration referred to in Articles 114 and following of this law, adjusted according to the variation that experience the Consumer Price Index. If the differences are not substantial, the inventories must be adjusted. Any discrepancies arising in connection with the application of this Article may be submitted to the opinion of the Panel of Experts, in accordance with the procedure referred to in Article 211. The Regulation shall establish the procedure, stages, deadlines and other conditions for the proper implementation of this Article. Article 72 ° -10.-Monitoring of Competition in the Electrical Sector. In order to ensure the principles of coordination of the electrical system, as set out in Article 72 ° -1, the Coordinator shall permanently monitor the conditions of competition in the electricity market. In case of signs of actions that could become constitutive of attacks against the free competition, according to the norms of the Decree with Force of Law No. 1, of the year 2004, of the Ministry of Economy, Development and Reconstruction, the Coordinator shall bring them to the attention of the National Economic Prosecutor's Office or the appropriate authorities. Article 72 ° -11.-Monitoring of the Chain of Payments. It shall also be the responsibility of the Coordinator to take appropriate measures to ensure continuity in the chain of payments of economic transfers subject to their coordination, in accordance with the provisions of the Regulation. In addition, the Coordinator shall report in time and form to the Superintendence any conduct that puts at risk the continuity of said chain. Article 72 ° -12.-Coordination of International Energy Exchanges. The Coordinator shall be responsible for the coordination of the technical and economic operation the international interconnection systems, which must preserve the safety and quality of service in the national electricity system, and ensure the optimal use of the system's energy resources in the national territory. To this end, it shall be subject to the provisions laid down in the supreme decree referred to in Article 82. Article 72º-13.-Functions of the coordinator in the field of research, development and innovation in the field of energy. In order to fulfil its tasks, the coordinator may have permanent resources to carry out and coordinate research, development and innovation in the field of energy with the aim of improving the operation and coordination of the system. electrical. For these purposes, it may: (a) to carry out a permanent critical analysis of their work, the performance of the system and the electricity market; b) Analyze and consider the incorporation of new technologies into the electrical system, considering the evolution of the equipment and techniques be able to integrate the development of the system and its processes; c) Promote the interaction and permanent exchange of experiences and knowledge, with academic and research centers, both nationally and internationally, as well as with others coordinators or operators of electrical systems; (d) actively participate in instances and activities, both national and international, where experiences are exchanged, new techniques, technologies and developments related to electrical systems are promoted, and e) Promote research at national level, incorporation of a broad spectrum of actors related to this field of research. The resources necessary to comply with the obligations set out in this Article shall be detailed and justified in the annual budget of the Coordinator, with the use of these funds as a precautionary measure. Article 72 ° -14.-Responsibility of the Coordinates. The Coordinators shall be individually responsible for the fulfilment of the obligations arising out of the law, the rules of procedure, the technical rules to be laid down by the Commission and the procedures, instructions and programmes which the Coordinator set. Article 72 ° -15.-The Performance of the Electrical System and the levels of Service Security. The Coordinator should prepare periodic reports of the performance of the electrical system, with short, medium and long-term indicators such as, marginal cost, cost of supply, congestion levels of the transmission system, optimal levels of dispatch, identification, quantity and duration of failures and non-conventional renewable generation, among others. The compilation of the reports must be at least annual, starting in the month of March each year. They shall be made public and shall be communicated to the Commission and the Superintendence within a period of 15 days following the conclusion of that report. Any installation subject to the coordination of the operation, as referred to in Article 72 ° -1, must comply with the current legal and regulatory regulations and with the performance standards established in the Technical Regulations to which it does reference to Article 72 ° -19. Each coordinate shall make available to the Coordinator all the necessary background to determine the degree of performance of the facilities. The Coordinator shall communicate to the Superintendence the facilities subject to their coordination whose performance is outside the standards established in the Technical Regulations. In addition, the distribution public service concessionaires must communicate to the Superintendence the performance of their facilities according to the standards established in the Technical Regulations. From the communication referred to in the previous paragraph, the Superintendence, in the use of its powers, shall determine the administrative measures that correspond. At least, four-way, the Commission shall carry out a review and update process if it is necessary, of the performance standards laid down in the technical regulations. Article 72 ° -16.-Taxation of the functions and duties of the Coordinator. It will be up to the Superintendence to supervise the fulfillment of the functions and obligations that the law assigns to the Coordinator and the councilors of that body, being able to order the modifications and rectifications that correspond and/or apply the penalties. Article 72 ° -17.-Of the construction, interconnection, commissioning and operation of the Electrical Installations. Owners or operators of new generation and transmission facilities which are connected to the electrical system shall be required to submit a request to the Commission for a declaration under construction. The Commission may grant this declaration only to those facilities which have at least the sectoral permits, purchase orders, schedule of works and other requirements laid down in the Regulation, which enable them to be accredited. the feasibility of the construction of such facilities. Without prejudice to the above, national, zonal and pole-of-development transmission projects which are part of the respective expansion plans shall also be considered as construction facilities in accordance with the technical characteristics and time limits with which the projects identified are listed in those plans. The submission of false, incomplete or manifestly erroneous information by the applicant shall be sanctioned by the Superintendence in accordance with the rules laid down in law Nº 18.410. Declared under construction a project, its holder shall keep the Commission informed of the progress of the project and of the fulfillment of the schedule of works presented, in the form and deadlines that it determines, which at any time may request additional information to verify your progress status. The Commission may revoke the declaration under construction of a project, where it does not comply with the milestones or advances set out in its schedule of works without justified cause, or significant changes are made to the project involving require a new declaration under construction, as laid down in the regulation. The interconnection of any installation shall be communicated to the Commission, the Coordinator and the Superintendence, in the form and deadlines determined by the Regulation, which may not be less than three months. The operators of these facilities will have to comply with the deadlines. Any delay or extension in the same shall be reported to the Coordinator and shall be duly justified by a report of an independent consultant hired for the purpose, which may be audited by the Coordinator. However, and in qualified cases and after the Coordinator's report, the Commission may waive compliance with the time-limits. The report of the Coordinator shall be such as to ensure that the objectives set out in Article 72 (1) are not affected. Only those installations which have been declared under construction by the Commission and which have the respective authorization by the Coordinator to energize such installations may start their commissioning. The energy of any installation must be communicated to the Superintendence, at least fifteen days in advance. It is understood that an installation is in the stage of putting into service, once the interconnection and energization has materialized and until the end of the respective tests, acquiring from the beginning of this stage the quality of coordinated in compliance with the provisions of Article 72 ° -2. In any event, prior to the commissioning of a project, the person concerned must agree with the Coordinator on a timetable for putting into service the activities to be carried out and the time limits associated with these activities. Any modification of such time limits shall be communicated to the Coordinator who may approve or justify such amendment. Any non-compliance within the time limits established for the period of commissioning shall be communicated by the Coordinator to the Superintendence and the corresponding penalties may be applied. After completion of the commissioning stage, the coordinated owner of the respective installation must present to the Coordinator a sworn declaration of faithful compliance with the current regulations, with the latter being able to verify this circumstance. Subsequently, the Coordinator will issue its approval for the entry into operation of the respective project, within the deadlines established by the respective Technical Standard. Only those generating facilities which are in operation shall be entitled to participate in the power transfers referred to in Article 149. The energy injections in the commissioning stage will be remunerated by the general rules of transfer. Without prejudice to the above, at this stage, such injections should not be considered for the determination of the marginal cost of the System, nor for the distribution of revenue per power. Article 72 ° -18.-Withdrawal, modification and disconnection of installations. The withdrawal, relevant modification, disconnection, or cessation of operations without any failure or scheduled maintenance, of units of the generating park and of the facilities of the transmission system, shall be communicated in writing to the Coordinator, the Commission and the Superintendency, at a time of not less than twenty-four months in the case of generating units and thirty-six months in respect of transmission facilities. In addition, in the case of installations of the national transmission system, zonal and for development poles, their removal, modification nte, disconnection, or the cessation of operations without this being due to failures or scheduled maintenance, must be authorized in advance by the Commission, prior to the safety report of the Coordinator. The Commission in such cases may refuse to withdraw, amend or disengage or cease operations based on the public service nature of the services which underpin those facilities. However, in qualified cases and after the Coordinator's safety report, the Commission may exempt an undertaking from the time limits set out in this Article. The Commission may also extend for up to 12 months the time limits laid down in the previous subparagraph if the withdrawal, modification, disconnection or cessation of operations of a system installation may create risks for the security, prior to the coordinator's security report. Modifications of installations which do not have the relevant character, according to the technical regulations, shall be communicated in writing to the Coordinator within a period of not less than thirty days. Infringements of this Article shall be sanctioned by the Superintendence in accordance with the applicable legal provisions. Article 72 ° -19.-Technical standards for the operation of electrical systems. The Commission will have to analyse the regulatory requirements for the proper functioning of the electricity sector on a permanent basis and, by means of an exemption, set the technical rules governing technical, security, coordination, quality, information and economic performance of this sector. To this end, it will establish an annual work plan to propose, facilitate and coordinate the development of these projects. These technical standards shall be drawn up and amended in accordance with a public and participatory process, which may be initiated by the Commission or at the request of the Coordinator, the coordinated or any other body or institution with participation or interest in the electricity sector. Such requests shall be submitted to the Commission and shall at least contain the technical, legal and economic justification for the change requested and accompany the specific proposal requested. Under the procedure for reviewing the proposal for a technical standard or its amendment, the Commission shall draw up a timetable and a working plan, indicating in addition the subjects to be reviewed and the time limits for which they are to be addressed. It will also have to set up a special advisory committee to gather its views on the subject. The committee may be made up of representatives of the Commission, the Superintendence, the Coordinator, the industry companies and technical experts. Natural or legal persons, their representatives or dependents, or related persons, who have requested the drafting or amendment of the standard under study, may not be included in the committee. The Commission shall submit the proposal for a new technical standard or its amendment, as appropriate, to a public consultation process. The Commission will analyse the comments generated in the framework of the public consultation process, welcoming or rejecting them, giving a reasoned response, as appropriate, which may be common to all those observations which raise questions. substantially equal. The new technical standard shall be published together with the report in which the rejection or amendment of the relevant observations is justified. The Commission should keep available on its website, for any interested party, the technical regulations in force and report on the processes of changing technical standards in development. The regulation will define the rules governing this procedure, as well as the way in which communications and notifications will be carried out, which may be carried out by e-mail. In addition, it will develop the rules for the conformation of the committee, as well as the causes of inability and incompatibility to integrate it, and its functioning. Article 72 ° -20.-Compensation for unavailability of supply. Without prejudice to the appropriate sanctions, any event or failure, occurring in electrical installations that are not intended to provide the public service of distribution, causing unavailability of supply to end users, which is not is authorized in accordance with the law or regulations, and which is outside of the standards established in the Technical Standards referred to in Article 72 ° -19, will give rise to the compensation provided for in this article. In the case of end users subject to price regulation, the compensation will correspond to the equivalent of the energy not supplied during that event, valued at fifteen times the energy tariff in force during the unavailability of supply, subject to the maximum values to be set out in this Article. In the case of users not subject to price regulation, the compensation shall correspond to the equivalent of the energy not supplied during that event, valued at 15 times the energy component of the average market price established in the definitive technical report of the short-term price of the NKs in force during that event, subject to the maximum values to be set out in this Article. For these purposes, the energy component of the average market price shall mean the average market price referred to in Article 167 ° discounted the power component of the basic average price as defined in Article 168. However, the payment of the compensation provided for in this article will not be paid, in case the client considers in his supply contracts special clauses regarding the subject matter that this article regulates. Compensation paid by a transmission company may not exceed by event 5% of its regulated revenues in the preceding calendar year for the respective transmission segment. In the event that the transmitting company does not have a regulated income in accordance with this law, the amount to be compensated shall not exceed 5% of the total revenue obtained on the domestic market by the owner of the installation. respective the previous calendar year. In both cases, the maximum amount of compensation will be twenty thousand annual tax units. In the case of generating companies, the amount of compensation will not be able to exceed 5% of the previous year's revenues, due to the concepts of energy and power in the national market obtained by the generating company, according to its audited balance sheets and with a maximum of twenty thousand annual tax units. In the case of companies operating facilities for the provision of complementary services or energy storage systems, the amount to be compensated shall not exceed 5% of the total revenue obtained on the domestic market by event. the owner of the respective installation in the previous calendar year. In these cases, the maximum amount of compensation will be twenty thousand annual tax units. For the purposes of this article, produced the event or fault that caused the unavailability of supply, the Coordinator must prepare a Report of Analysis of the Analysis of Falla, hereafter EAF, in which, at least identify the owners, tenants, users, or those who exploit any title, the facilities in which the event occurred, the origin of the fault, its spread, its effects, the recovery plans and the technical conclusions regarding the causes of the respective event or fault. The Superintendence may define the format and other contents of the report. Within the time limit determined by the Regulation, the Coordinator shall communicate the EAF to the Superintendency, in order to determine whether the payment of compensation in accordance with the provisions of the first subparagraph of this Regulation is appropriate. Article. The Coordinated, within 10 days of such communication, may submit to the Superintendence their observations to the EAF and accompany the relevant background. If the Superintendence determines that the payment of compensation is appropriate, it must instruct the companies supplying the end users concerned to be the public service concessionaires of distribution or generators, their payment at the nearest billing, or at the one determined by the Superintendence. Also, and once the payment of the corresponding compensation has been credited, the Superintendence will instruct the owners or the owner to operate the facilities where the fault, event or its spread, the reimbursement total and immediate to the companies supplying the amount paid by them for compensation to end users, according to the rules determined by the regulation or the Superintendence in the absence of these. However, once the compensation has been reimbursed for the preceding effects, the companies that own or operate the facilities from which the fault occurred or the corresponding event will be able to claim before the Superintendence the impropriety of its obligation to pay, its amount or the proportion allocated, as appropriate. The above is without prejudice to what is resolved in the judicial challenges that may be brought, or the actions of repetition against those who are ultimately responsible, in which case and if there are differences, these must be calculated by the Coordinator, who will instruct the payment of the corresponding reliquidations. In the case of differences or returns that correspond to end users, the Superintendence will determine the form and conditions of the refund or refunds as determined by the nto. If a company that has to pay compensation in accordance with this article does not record income during the entire calendar year prior to its recent entry into operation, the maximum amount of compensation will be two thousand. annual tax units. Article 72 ° -21.-Energy Emergency Decree. In cases of earthquakes or natural disasters, the President of the Republic, after report of the Ministry of Energy, may issue an energy emergency decree, in which he shall have the measures that the authority considers necessary and necessary. to manage, reduce or overcome the energy emergency produced in the wake of earthquakes or natural disasters, and mainly to ensure the supply of customers subject to price regulation. The aforementioned decree may authorize, among other measures, the relaxation of the standards on quality and safety of service established in the current electrical regulations, and that the best use of any coordinated installation is available, during the period strictly necessary, which may not exceed that of the energy emergency. Article 72 ° -22.-Regulatory Provisions. A Regulation shall regulate the matters necessary for the proper and effective implementation of the provisions of this Title. '4.' Title III ' shall be replaced by the following: " Title III: Of the Electrical Transmission Systems Chapter I: General Article 73 °-Definition of Transmission System. The "transmission system or transmission system for electricity" is the set of power lines and substations which are part of an electrical system and which are not intended to provide the public distribution service, the operation of which must be Article 72 ° -1 of this law is coordinated. In each transmission system, power lines and substations are distinguished from the following segments: "national transmission system", "transmission system for development poles", "zonal transmission system" and "transmission system" ". Once the limits of each of these transmission systems have been determined, all facilities necessary to ensure the continuity of such a system shall be included in it. The international interconnection systems will also be part of the transmission system, which will be subject to the special rules to be adopted. The Regulation shall establish the matters necessary for the proper and effective implementation of the provisions contained in this Title. Article 74 °.-Definition of the National Transmission System. The system of national transmission is that system which allows the formation of a common electrical market, interconnecting the other segments of the transmission, and will be constituted by the power lines and substations that allow the development of this market and make it possible to supply all the demand for the electricity system, in the face of different scenarios of availability of the generation facilities, including situations of contingency and failure, Considering the quality and safety requirements of the service provided for in this Law, regulations and technical standards. Article 75 °-Definition of Transmission System for Development Pose. Transmission systems for development poles shall be made up of electric lines and substations, intended to transport the electrical energy produced by means of generation located at the same pole of development, to the transmission system, making efficient use of the national territory. The development poles shall be determined by the Ministry of Energy in accordance with the provisions of Article 85. Article 76 °.-Definition of Dedicated Transmission Systems. The dedicated transmission systems will be made up of the radial electric lines and substations, which are interconnected to the electrical system, are essentially arranged for the supply of electrical power to users. subject to price regulation or to inject the production of power plants into the electricity system. Also, they will belong to the transmission systems dedicated to the mesh installations that are arranged for what is indicated in the previous paragraph, and additionally it is verified that its operation does not produce impacts or modifications significant in the operation of the rest of the system, as determined by the regulation. The transport by dedicated systems shall be governed by the provisions of the respective transport contracts between the users and the owners of the facilities. The payment by use to which such transport is entitled shall be calculated on the basis of an annual transmission value, considering the annual value of the investments, plus the projected costs of operation, maintenance and administration, as available in the regulation. In any case, all background and values for calculating the payment per use must be technically and economically supported and informed to the Coordinator to be available to all stakeholders. The payment for use made by regulated customers of this type of facility shall be governed by the rules laid down in Articles 102 and 102. Article 77 °.-Definition of Zonal Transmission System. Each zonal transmission system shall be composed of the power lines and substations which are essentially arranged for the current or future supply of regulated, territorially identifiable customers, without prejudice to the use by free customers or connected generation media directly or via transmission systems dedicated to such transmission systems. Article 78 °-Definition of the International Interconnection System. The international interconnection systems shall consist of the power lines and substations intended to transport the electrical energy for the purpose of enabling their export or import, from and to the electrical systems located in the national territory. The terms and conditions under which such an exchange of energy shall be made shall be laid down in the supreme decree referred to in Article 82 ° and other applicable rules. Within these systems, international interconnecting facilities of public service and of private interest are distinguished. They are international public service interconnection facilities that facilitate the conformation or development of an international electricity market and complement the supply of electricity demand in the national territory, against different scenarios of availability of generation facilities, including contingency and failure situations, considering the requirements of quality and safety of service established in this law, regulations and technical standards. International interconnection facilities of private interest are those that do not meet the characteristics set out in the previous paragraph. International public service interconnection facilities are subject to the open access regime in the terms defined in Article 79. These installations shall be valued and remunerated in accordance with the provisions of Article 99a (2). The international interconnections of private interest will be governed by their respective contracts and by the current electrical regulations. Article 79 °-Definition of Open Access. The installations of the transmission systems of the electrical system are subject to an open access regime, being able to be used by third parties under non-discriminatory technical and economic conditions among all users, through the payment of the remuneration of the transmission system which corresponds in accordance with the rules of this Title. Owners, tenants, users, or those who exploit the facilities of the transmission systems, with the exception of the dedicated system, will not be able to deny access to the transport or transmission service to any other interested in technical capacity, without prejudice to the fact that, under the powers of the law or the regulation, the coordinator for the coordinated operation of the electrical system is limited to the injections or withdrawals without discriminating against users. The designated owners, tenants, users, or those who exploit to any degree the transmission facilities must allow the connection to their premises to be requested by them, without discrimination of any kind or origin, If necessary, make the extensions, adjustments, modifications and reinforcements that are necessary for this connection. The Coordinator shall approve the connection to the transmission systems in those existing substations, or in those defined in the transmission planning referred to in Article 87 °, or those which the Commission approves under the provisions of the provided in the second paragraph of Article 102 ° and after verification that the proposed connection solution allows the optimal operating criteria and open access of the respective system to be met. Also, with the exception of the dedicated system, the Coordinator shall be responsible for establishing the payments, on the basis of the fees determined by the Ministry of Energy, after the Commission's report, by means of connection costs, studies and analysis of engineering or rights of use of such facilities, as well as the technical requirements and time limits for carrying out such works, as determined by the Regulation. In any event, the owner, tenant, user, or those who exploit any title, as appropriate, the transmission facilities subject to open access and the applicant shall participate in the process of connection, by making comments and suggestions which it considers relevant to ensure the safe operation of the system. In the respective connection authorization, the Coordinator shall decide whether to accept or reject the comments raised. Within 10 days of the communication of the authorization of connection, they may submit a discrepancy to the Panel, which shall deliver its opinion within a maximum period of 30 days from the respective hearing to which it does reference to Article 211. Owners, tenants, users, or those who exploit any title, as appropriate, the facilities of the transmission systems shall provide the necessary facilities for third parties to carry out the works to be carried out, access in time and form to substations, courtyards, control rooms, and to all those facilities to which the new connection is to be entered or made use. Without prejudice to the powers of the other bodies referred to in the law, the Superintendence shall be responsible for the supervision of compliance with the conditions of open access. Article 80 °-Open Access in Dedicated Transmission Systems. Owners, tenants, users or those who exploit to any degree the facilities of the dedicated systems shall not be able to refuse the service to any interested party when there is a technical capacity available for transmission, without prejudice to the contracted capacity or own projects which have been provided for at the time of the application for the use of technical capacity, in accordance with the rules of this Article. Likewise, under the same conditions, they will not be able to deny access to concessionary public service distribution companies for the supply of users subject to price regulation, in consistency with regulated prices. The owner, tenant, user, or those who exploit the appropriate dedicated transmission facilities for any title must inform the Coordinator of any change in the estimated use of the available technical capacity. The Coordinator, according to the current regulations, will determine the technical capacity available for the dedicated transmission systems without considering the transmission congestion due to capacity limitations of other tranches transmission, previously hearing the parties. For these purposes, the owner, tenant, user, or whoever explodes to any degree the facilities of the dedicated system shall inform the Coordinator of the existing transport contracts and the projects involving the use of the capacity of the dedicated system. Owners, tenants, users, or those who exploit any title of the dedicated system shall send a copy of the authorized copy of the contracts to be concluded for the use of the transmission facilities. dedicated to the Commission, the Coordinator and the Superintendence on the fifth day of its celebration. In order to make use of the available technical transmission capacity, the person or persons concerned shall submit to the Coordinator, together with the request for the use of such capacity, a guarantee for the benefit of the owner, tenant, user or who exploit to any degree the facilities of the respective dedicated system, as appropriate, or an advance payment as agreed by the parties, which channels or pays the request, in accordance with the deadlines, orders of precedence, formats, requirements and a procedure to be determined by the regulation and the respective technical standard. At the moment the Coordinator approves the respective access request, the technical capacity of transmission requested by the person concerned shall not be considered by the Coordinator as the technical capacity of transmission available. The applicant's facilities must have been declared under construction in accordance with the provisions of Article 72 ° -17, within the time limit specified by the Coordinator in their respective authorization. After that time limit without the installations being declared under construction or the said declaration being revoked as referred to in Article 72 ° -17, the said approval shall lapse, considering the respective technical capacity. again as available. The use of the capacity authorized by the Coordinator shall be temporary until the projects referred to in the first subparagraph are specified or the rights of use are not exercised contractually. To this end, in advance of not less than four years, the owners, tenants, users, or those who exploit the facilities of the dedicated systems will have to give notice to the Coordinator and to the interested parties. open access, the implementation of the projects or the use of the rights identified and demonstrate that they will be carried out in accordance with the deadlines and procedures laid down in the regulation. The use of the capacity of the dedicated systems shall conform to the standards of safety and quality of service with which the respective system was designed based on the design information provided by the owner, tenant, usufrutary or who exploits them to any title, as appropriate, which must be determined by the Coordinator. Owners, tenants, users, or those who exploit any dedicated transmission facilities must allow the connection to their facilities to those who have the authorization of the Coordinator, and if necessary enable the appropriate adjustments, modifications and reinforcements for this connection. The costs of these works, as well as the engineering studies and analyses that correspond, shall be the responsibility of the applicant, which shall be consistent with the provisions of the fourth paragraph of Article 79 ° and reflect market prices in processes. Open and competitive. Discrepancies arising in the application of the open access regime in the facilities of dedicated transmission systems may be presented and resolved by the Panel of Experts. Annually, the Coordinator shall publish on its website the available technical capacity of the dedicated transmission systems. The Regulation shall lay down the criteria and conditions for determining the technical capacity for transmission available and the time periods in which it exists. Article 81 °.-Presumption of Use of Transmission Systems. Any electrical company that injectors power and power to the electrical system with its own or contracted generation plants, as well as any electrical company that carries out power and power withdrawals from the electrical system to market it with distribution or with end customers, makes use of the respective transmission systems for all legal effects. Article 82 °-International Exchange of Electrical Services. The export and import of energy and other electrical services to and from the electrical systems located in the national territory shall not be carried out without prior authorization from the Ministry of Energy, which shall be granted by decree The Commission and the Coordinator, as appropriate, shall report on the Superintendence of the Commission. The supreme decree shall define the regulatory aspects applicable to the energy intended for the exchange, establish the general conditions of the operation, including at least the period of duration and the specific conditions under which it is authorized. the export or import, such as the mode of export or import of electrical energy, the conditions under which the exchange of energy can be suspended or interrupted in the event of a threat or disturbance to the national systemic security, the access regime for such facilities, and the causal expiry of any non-compliance with the conditions of authorisation or for a relevant change in the circumstances under which the permit is granted. However, the operating conditions laid down in the export or import permit must ensure the most economical operation of all the installations of the electrical system and ensure compliance with safety standards. and quality of the electrical service. The Regulation shall lay down the requirements, time limits and procedures to be followed by the respective application for the export or import of electrical energy. Chapter II: Energy Planning and Transmission Article 83 °.-Energy Planning. Every five years, the Ministry of Energy will have to develop a process of long-term energy planning, for the different energy scenarios of expansion of generation and consumption, in a horizon of at least thirty years. The energy planning process should include scenarios for the supply and demand projection of energy and in particular electricity, considering the identification of poles of development of generation, distributed generation, exchanges International energy, environmental policies that have an impact and energy efficiency objectives among others, developing their potential development scenarios. In addition, the planning should consider the strategic plans with which the energy regions count in their analysis. Annually, the Ministry may update the projection of the demand, the macroeconomic scenarios, and the other antecedents considered in the scenarios defined in the decree referred to in Article 86. For justified reasons, the Energy Ministry may develop the energy planning process before the expiry of the period referred to in the first subparagraph. The Regulation shall lay down the procedure and other matters necessary (i) for the effective implementation of this Article. Article 84 °-Energy Planning Procedure. At least twenty-four months before the expiry of the deadline of the decree setting long-term energy planning, the Ministry shall start the process. Within eight months of the start of the process outlined above, the Ministry will have to issue a preliminary energy planning report. In advance of the regulation, the Ministry will have to open a register of citizen participation, in which it will be possible to register any natural or legal person with interest in participating in the process, in accordance with the rules established by the Ministry of Energy by resolution dictated to the effect. The process of participation will be subject to the provisions of the regulation, with the need to consider instances of public consultation through accessible means. Article 85 °-Definition of Power Generation Development Polos. In the long-term energy planning, the Ministry will have to identify areas where there may be poles of development of electrical generation, ahead of development poles. Development poles will be understood to be territorially identifiable areas in the country, located in the regions where the National Electricity System is deployed, where there are resources for the production of electric energy from renewable energy, whose use, using a single transmission system, is in the public interest to be economically efficient for the electricity supply, and must comply with environmental and territorial law legislation. The identification of those areas shall take into account compliance with the obligation laid down in Article 150aa, i.e. that an amount of energy equivalent to 20% of the total withdrawals affected in each calendar year is was injected into the electrical system by non-conventional renewable generation means. The Ministry shall draw up a Technical Report for each development pole, specifying one or more zones that comply with the requirements of the previous paragraph, distinguishing each type of generation source. For these purposes and prior to the issuance of the report, the Ministry shall carry out a strategic environmental assessment in each province or provinces where one or more development poles are located, as set out in Paragraph 1. (a) Title II of Law No 19.300 on General Environmental Bases. The regulation will establish the criteria and methodological aspects to be considered in the identification of the development poles. Article 86 °-Decree of Energy Planning. In accordance with Article 83 °, the Ministry will develop possible energy scenarios for the long-term horizon. Before the expiry of the period of the respective five-year period of planning, the Ministry of Energy, by means of an exempt decree issued under the formula "by order of the President of the Republic", must define these energy scenarios, including their respective development poles, and must accompany the relevant background. Article 87 °-Planning of the Transmission. The Commission will have to carry out an annual transmission planning process, which will have to consider at least a 20-year horizon. This planning shall cover the necessary expansion works of the national transmission system, development poles, zonal and dedicated units used by public distribution service concessionaires for the supply of users subject to price regulation, or necessary to deliver such a supply, as appropriate. In this process, consideration should be given to the long-term energy planning developed by the Ministry of Energy referred to in Article 83 and the objectives of economic efficiency, competition, security and diversification established by the Ministry of Energy. law for the electrical system. The planning of the transmission should therefore be carried out in the light of: a) The minimization of the risks in the supply, considering eventualities, such as increased costs or unavailability of fuels, backwardness or unavailability of energy infrastructure, natural disasters or hydrological conditions (b) The creation of conditions that promote supply and facilitate competition, providing the common electricity market for the supply of demand at a minimum cost with the ultimate aim of supplying supplies at a minimum price; Facilities which are economically efficient and necessary for the development of the electrical system, in the different energy scenarios defined by the Ministry in accordance with the provisions of Article 86 °, and (d) the possible modification of existing transmission facilities to enable the necessary expansions to be made system in an efficient manner. The planning process set out in this Article should include the necessary holgurings or redundancies to incorporate the above criteria, and will have to consider the information on criteria and variables environmental and territorial available at the time of the start of the project, including energy efficiency objectives, provided by the Ministry of Energy in coordination with the other relevant sectoral agencies. For these purposes, the Ministry shall forward to the Commission, within the first quarter of each year, a report containing the criteria and variables set out above. The regulation will establish the criteria and methodological aspects to be considered in the determination of the holguras or the redundancies of transport capacity. In addition, the process referred to in this Article shall consider citizen participation in the terms set out in Article 90º. For the purposes of the transmission planning, it shall be considered as an update rate. social discount rate established by the Ministry of Social Development for the evaluation of investment projects according to the provisions of Law Nº 20,530. In the event that the said Ministry does not fix the abovementioned fee, the fee must be calculated by the Commission, in accordance with the provisions of the Regulation. The planning may also consider the expansion of installations belonging to the dedicated transmission systems for the connection of the expansion works, as long as it allows to comply with the objectives mentioned in the present Article. These expansions may not degrade the performance of the existing dedicated facilities and must consider the associated costs and/or any damages caused by the intervention of said facilities for the owner of the same. Any discrepancies arising from these matters may be submitted to the Panel of Experts on the occasion and in accordance with the procedure laid down in Article 91. Existing dedicated facilities that are intervened with national, zonal or development pole expansion works, as appropriate, will change their rating and will be integrated into one of these segments from the publication in the Official Journal of the Decrees referred to in Article 92 °. Article 88 °.-Incorporation in the Plan of Expansion of Transmission Systems for Development Polos. Yes, due to problems of coordination between different owners of generation projects, which are not related entities according to the terms mentioned in law Nº 18.045, of Securities Markets, all or part of the production capacity of one or more development poles defined by the Ministry of Energy in the respective decree cannot be materialized, the Commission may consider in the plan of annual expansion of transmission systems transmission for said poles of development. The Commission may also incorporate into this plan, as transmission systems for development poles, dedicated, new or existing lines and substations, in order to allow them to be used for new generation projects, which may be modified. its technical characteristics, such as tracing, voltage level or transport capacity in magnitudes larger than originally planned. For these purposes, the Coordinator shall inform the Commission, at the intervals determined by the Regulation, of the transmission projects notified to that body. The regulation should provide for the time-ahead with which the project developers and promoters should inform the Coordinator. For such purposes, the transmission solutions shall comply with the following requirements: (a) the expected maximum generation capacity which will make use of such facilities technically and economically justify its construction; (b) the expected maximum generation capacity, which will make use of these facilities, for the first year of operation, be greater than or equal to twenty-five percent of its capacity, cautioning its future materialization as set out in the regulation; c) That the transmission solution be economically efficient for the Electrical System, and d) That the solution of transmission is consistent with the existing territorial law instruments. Article 89 °-New Works and Works of Extension of Transmission Systems. New works and extension works are the expansion of the respective transmission systems. These are expansion works that increase the capacity or safety and quality of service of existing power lines and substations. New works shall mean those power lines or substations that do not exist and are arranged to increase the capacity or safety and quality of service of the electrical system. No c orrespond to any of the investments necessary to maintain the performance of the installations in accordance with the current regulations. They may be incorporated as expansion works to ensure the safety and quality of service, such as control and communication systems. The Commission shall define the position of cloth in substations, whether new or existing, of exclusive use for the connection of national, zonal and pole-of-development transmission systems. Article 90 °.-Participants and Users and Institutions Interested. The Commission shall open a register of citizen participation, in which the generating, transmission, distribution and user undertakings not subject to price regulation which are interconnected to the electricity system may be entered in the register. the "participants", and any natural or legal person with an interest in participating in the process, hereinafter "users and interested institutions". The regulation must specify the procedure or procedure through which the appeal will be made public to the users and institutions concerned, and the information that they will have to present for their registration. It will also establish the means and the way in which the Commission will make public the various documents submitted to a process of citizen participation, the opportunity and the way to deliver its observations, and the mechanism for updating the register. In any event, the records requested by the authority to constitute such a register shall be directed to accredit the representation, interest and correct identification of each user or entity, and shall not represent discrimination against no species. Notifications and communications to participants and users and interested institutions may be made through electronic means, according to the information contained in the register. Article 91 °.-Transmission Planning Procedure. Within the first 15 days of each year, the Coordinator shall send to the Commission an expansion proposal for the different segments of the transmission, which shall consider the provisions of Article 87 °, and may include the projects of transmission submitted to that body by its promoters. The transmission projects submitted to the Coordinator by their promoters shall contain as minimum requirements the following: description of the project and identification of electricity generators. These records must be validated by the Coordinator. Within five days of receipt of the Coordinator's proposal, the Commission shall publish it on its website and shall, by means of a broad public dissemination, call for a stage of submission of project proposals. expansion of the transmission. The promoters of such expansion projects shall submit to the Commission their proposals based on the 60-day period running from the call, which shall be published on their website. The regulation will lay down the requirements and the way in which the proposals for the expansion of the Coordinator and project promoters will be presented. Within the time limit laid down in the Regulation, the Commission shall issue a preliminary technical report with the annual expansion plan for the transmission, which shall be published on its website. Within 10 days of receipt of the preliminary technical report, the participants and users and interested institutions may submit their comments to the Commission. Within 30 days of the expiry of the deadline for submitting observations, the Commission shall issue and communicate the final technical report of the annual expansion plan, accepting or rejecting the comments raised, which must be published on your website. Within 15 days of the communication of the final technical report, the participants and the users and institutions concerned may submit their discrepancies to the Panel of Experts, which shall deliver its opinion within a maximum of 50 days. days from the respective hearing referred to in Article 211. For the above purposes, it shall be understood that there is a discrepancy which may be submitted to the opinion of the Panel, if any person who has made comments to the preliminary technical report, persevere in them, after the rejection of them. on the part of the Commission, as well as, if those who have not made comments to the preliminary technical report, consider that their content should be maintained, should they have been amended in the final technical report. If no discrepancies are found within three days of the deadline for submitting them, the Commission shall forward the final technical report to the Energy Ministry with the annual expansion plan for the transmission. In the event of discrepancies, the Commission shall have 15 days from the communication of the opinion of the Panel, in order to forward to the Ministry of Energy the final technical report with the plan for the annual expansion of the transmission, incorporating what is resolved by the Panel. Article 92 °-Decrees of Expansion of Transmission. The Minister of Energy, within 15 days of receipt of the Commission's final technical report referred to in the previous Article, by means of a decree exempt from the formula "by order of the President of the Republic", shall fix the works for the extension of the transmission systems to be launched in the following 12 months. The new works of the transmission systems to be initiated by the process of tendering or study of the strip, as appropriate, in the following 12 months, shall be fixed by the Minister of Energy, within 60 days of receipt the final technical report, by means of an exempt decree issued under the formula "by order of the President of the Republic". In this decree, a distinction must be made between those new works which must be subject to the procedure for the determination of their preliminary slots, henceforth and without distinction "the study of the Strip", if necessary, and according to what is points out in the following articles. For the definition of new works that require the determination of a preliminary strip, the Ministry will consider criteria such as, the levels of tension of the facilities, the purpose of use, the difficulties of access to or from Development poles, the complexity of their implementation and the magnitude of their implementation, according to what is established in the regulation. In case it is required by other laws, it is understood that those required to carry out the expansion works of the transmission system have the quality of the electrical services. The foregoing is without prejudice to the provisions of laws Nos. 19.300 and 20.283, and other relevant legal provisions. Companies will be able to carry out minor works on zonal transmission systems that are not within the expansion plan set by the Ministry of Energy. In the next recovery process, the Commission will describe the relevance of these works taking into account not only the greater efficiency in the segment, but also the overall design of the transmission and distribution systems. In the event that the Commission evaluates the relevance of these works positively, their recovery shall be carried out in respect of similar installations. Article 93.-Procedure for the determination of slots. Once published in the Official Journal the decree fixing the new works, the Ministry will have to start the Study of the Strip for those new works that require the determination of a preliminary strip, the one that will be subject to evaluation (a) strategic environmental, in accordance with the provisions of paragraph 1 (a) of Title II of Law Nº 19,300 on General Environmental Bases. The aforementioned procedure will conclude with the issuing of a decree exempt from the Ministry, issued under the formula "by order of the President of the Republic," which will fix the preliminary strip, which for public utility can be taxed with a or more easements of those referred to in Articles 50 and following of the law, in that which is applicable to them. The preliminary study of the strip and its respective Strategic Environmental Assessment will have to take into account, with respect to the alternatives it weights, the criteria and patterns of sustainability in which the slots can pass. The preliminary study of the strip shall be submitted to the process of the Indigenous Consultation or Participation referred to in Convention 169 of the International Labour Organization, when the agreement so determines. The study will be tendered, awarded and supervised by the Ministry in accordance with the technical and administrative bases that it produces, and the Superintendence of Electricity and Fuels will act as an advisory technical agency. The financing of the Strip Study will be established through an annual budget prepared by the Under-Secretary of Energy. This budget shall be financed in accordance with Article 212-13. The Study of the Strip will contemplate alternative paths in consideration of technical, economic, environmental and sustainable development criteria. The report shall contain at least the following: (a) the alternative paths assessed; (b) An indirect area of analysis or extension, on either side of the strip, which has the function of enabling mobility for the future project; Information on the use of the territory and territorial planning; (d) the lifting of information linked to protected areas and of interest to biodiversity; and) the lifting of information (f) Uprising the characteristics of the soil, geological and geomorphological aspects relevant to the alternative paths; g) Engineering design to identify the characteristics of the soil, (h) Identification and analysis of critical aspects that could affect the implementation of alternative slots; (i) Indication of roads, streets and other national public goods and of tax properties; (a) municipal and private persons who will take up or go through, individualizing their respective (j) A general analysis of the economic cost of alternative slots, and k) A general analysis of social and environmental aspects, based on the information gathered. For the proper conduct of the study regulated in the preceding cases, the Ministry may enter all the fiscal, municipal and private properties in which it is necessary, through the person or persons who for that purpose designate, They must communicate the conduct of the study and the characteristics of the interventions to be carried out, and obtain the authorization of the respective owners, with the formalities laid down in the regulation, prior to such entry. In the event of opposition to the entrance to the land or to the event of finding the respective premises without inhabitants, questions to be observed by an official of the Ministry designated for these purposes as minister of faith, the The Ministry may request, in order to enforce the provisions of this Article, the aid of the public force in accordance with the procedure laid down in the second paragraph of Article 67. A regulation, issued by the Ministry of Energy, shall lay down the necessary provisions for the proper implementation of the process of determining preliminary slots. Article 94 °.-Approval by the Council of Ministers for Sustainability. The study referred to in the preceding article shall conclude with a report of the Ministry containing the alternative strip to be proposed to the Council of Ministers for Sustainability as set out in Articles 71 ° and below of Law No 19,300, on the General Environment Agency. The Council of Ministers for Sustainability will have to agree on the use of the proposed strip, for the purpose of which the Ministry will dictate an exempt decree issued under the formula "by order of the President of the Republic" that establishes the preliminary strip, the which, by reason of public utility, may be taxed with one or more easements of those referred to in Articles 50 and following of the law, in that which is applicable to them, for new works subject to the Study of the Strip, without prejudice to the resolved in the relevant environmental rating resolution. Such easements shall be imposed once the successful tenderer of the rights of execution and exploitation of the new work project defines the layout and has the corresponding environmental rating resolution for the execution of the project. The aforementioned decree will be published in the Official Journal and on the Ministry's website. In addition, it must be published in the means provided for in Article 27a of this Law, and it must be understood that the owners of the premises included in the preliminary strip are notified of the possible charge which may be imposed on them. to impose the decree referred to in Article 97 once it has been issued. The tax established through the decree exempt from the Ministry of Energy, which fixes the preliminary strip, will be extinguished after five years from the date of the decree. However, the time limit may be extended for justified reasons only once and for up to two years. Article 95 °-Bases of Tender of the Coordinator of New and Enlargement Works. The Coordinator shall be responsible for an international public invitation to tender for the expansion projects contained in the decrees referred to in Article 92. The cost of the tender shall be the responsibility of the Coordinator. The tendering bases for new and extension works shall be drawn up by the Coordinator and at least specify the objective conditions to be considered for the purposes of determining the invitation to tender, the technical and commercial information which they must deliver the participating undertakings, the technical and financial requirements to be met by the bidders, the time limits, the guarantees, the description of the development of the process and the award conditions, as well as the characteristics techniques of the transmission works. The bases must also contain the guarantees of execution and operation of the projects and the fines for delay in the entry into operation of the project or the projects. The Coordinator may group one or more other extension works and new works in order to tender and award them together. In the case of the invitation to tender for the extension works, the owner-undertaking must be involved in the supervision of the execution of the work, as determined by the regulation. The Commission may fix the maximum value of tenders for tenders for expansion works in a separate administrative act of a reserved nature, which shall remain hidden until the opening of the respective tenders, at which time the administrative will lose the reserved character. The Coordinator shall again tender for works whose tender has been declared deserted as no economic tender has been submitted below the maximum value indicated above. Article 96 °-Decree laying down the rights and conditions for the execution and exploitation of new works and the Decree for the award of construction works for enlargement. The Coordinator shall, within a period not exceeding 60 days of receipt of the proposals, resolve the invitation to tender and award the rights of execution and exploitation of the new work project, or the award of the construction and execution of the works of extension, as appropriate, in accordance with the bases. The result of the invitation to tender shall also be communicated to the contracting undertaking of the respective new work and to the transmitting undertakings which own the extension works, as appropriate, and the Commission and the Superintendence shall be informed. with regard to the evaluation of the projects and the award. Within five days of such a report, the Commission shall forward to the Minister for Energy a technical report with the results of the invitation to tender, including in the case of the extension works the "annual value of the transmission by tranche". (V.A.T.T.) to remunerate the transmitting company that owns the work, with all the background of the process. On the basis of that technical report, the Ministry shall issue a supreme decree, issued under the formula "on the order of the President of the Republic", which shall fix, in the case of new works: (a) the rights and conditions of execution and exploitation of the new work; (b) the contracting undertaking; (c) the technical characteristics of the project; (d) the date of entry into operation; (e) the value of the transmission by tranche of the new works, in accordance with the result of the invitation to tender; and (f) the indexing of the value referred to in point (e) above. In the case of works of extension, the decree referred to in the preceding subparagraph shall: (a) the owner of the works of extension; (b) the contracting undertaking responsible for the construction and execution of the work or the works of extension; technical characteristics of the project; (d) the date of entry into operation; (e) the V.I. awarded; (f) the A.V.I. determined from the V.I. referred to in the preceding subparagraph; (g) the C.O.M.A. to be applied until the next process of (h) The indexation formulae of the value referred to in point (g) above. Article 97 °.-Post-award processes for new works submitted to the procedure for the determination of slots. The successful tenderer of the rights of execution and exploitation of the new work project to be subject to the Study of the Strip, must submit to the environmental impact assessment system, in accordance with the provisions of Law Nº19.300, on General Bases of the Environment, the respective project, determining the layout on the basis of the preliminary strip fixed by the decree established in article 94 °. Once the environmental qualification resolution has been obtained in accordance with the law Nº19.300, on the General Environment of the Environment, the Ministry will dictate an exempt decree signed under the formula "by order of the President of the Republic." by which it shall determine the definitive layout and the security strip associated with that layout, constituting, by the sole ministry of law, electrical servitude on the said strip. The aforementioned decree will be published in the Official Journal and on the Ministry's website. In addition, it shall be published in the means provided for in Article 27a of this Law, with the aim of notifying the owners of the property included in the final layout. The holder of the project shall be considered to be the holder of an electrical concession for the purposes of Article 31 (a) and (34) (a) of this Law. Within thirty days of the publication in the Official Journal of the decree referred to in the second indent, the owner of the project must reduce it to public writing, at its cost. From the date of reduction to public deed, the project holder shall initiate the steps to make the easements effective in accordance with Articles 62 ° and following of the law. In any case not covered by this Chapter, the provisions of Chapter V of Title II of this Law shall apply as appropriate. Article 98 °-Exceptional situation of modi (a) If, once the environmental assessment has been obtained and during the implementation of the project, the holder of the project requires exceptionally to modify the final layout, it shall, in advance, request the approval in form of the Ministry, which must evaluate the antecedents that justify such modification and once obtained the authorization of this, the project must be subject to the provisions of the law Nº19,300, on the General Bases of the Environment. Qualified favorably the modification of the project, the Ministry will proceed to modify the decree mentioned in the previous article, the one that must be published and reduced to public deed in the terms and conditions mentioned in that article. Article 99 °-Remuneration of the Expansion Works. The new works contained in the respective decrees setting out the expansion plan for the following twelve months, as referred to in Article 92, shall be awarded to a transmission undertaking which complies with the requirements laid down in this Law. and other applicable rules. The invitation to tender shall be settled according to the annual value of the transmission per tranche offered by the companies for each project, and only the V.I. and C.O.M.A. defined in the mentioned decree shall be considered as referential. The annual value of the transmission per tranche resulting from the tender and its indexation formula shall constitute the remuneration of the new works and shall be applied for five tariff periods from its entry into operation. the facilities and their recovery shall be reviewed and updated in the charging process for the relevant transmission. The invitation to tender for the construction and execution of the extension works contained in the decree referred to in Article 92 ° shall be resolved according to the V.I. offered. The owner of the work of extension will be responsible for paying the respective successful tenderer the remuneration, according to what the bases indicate. For its part, the owner of the work of extension will receive as remuneration of that work the V.A.T.T., composed by the A.V.I. plus the corresponding C.O.M.A., and considering the adjustments for the effects of income taxes, according to the methodology to be established by the regulation. The A.V.I. will be determined considering the V.I. awarded and the corresponding discount rate used in the valorization study in force at the time of the award. The resulting A.V.I. shall correspond to the owner for five tariff periods from the entry into operation of the respective extension work, after which the facilities and their recovery shall be reviewed and updated. in the charging process for the relevant transmission referred to in Chapter IV of this Title. The proposed extension works must be considered in the following tariff processes for the purposes of determining the applicable C.O.M.A. The payments for the transport or transmission service to the undertaking which owns the new works and the transmission of the transmission extension works shall be carried out in accordance with the provisions of Articles 115 and following. Article 99 (a) of the expansion, development, remuneration and payment of international interconnection systems. The Ministry of Energy may provide that the Commission may develop a proposal for expansion of international public service interconnection in accordance with the guidelines established by national energy policy or in agreements, treaties, protocols international instruments or other international instruments, as appropriate. This proposal shall comply with the objectives set out in Articles 72 ° -1 and 87 ° and shall contain the minimum technical characteristics of the proposed works, their constructive deadlines, annexed works, the tendering procedure and/or the implementation of the same, their recovery, among other relevant elements. In addition, it should accompany a report by the Coordinator on the impacts of the Commission's proposal. On the basis of the previous record, the Ministry of Energy, by means of a supreme decree issued under the formula "by order of the President of the Republic," may arrange for the execution of the interconnection expansion works. international public service, and the other matters identified in the Commission's proposal which are necessary for its implementation. The V.A.T.T. of the proportion corresponding to the expansions indicated above shall constitute the remuneration of the respective works and shall be applied for twenty years from its entry into operation, after which these installations they shall be valued in the charging process referred to in Articles 102 and following, unless an agreement, treaty or international protocol applicable to such international interconnection establishes separate special rules. The payment of this remuneration shall be borne by the final customers and shall be included in the charge referred to in the third indent of Article 115 °. Without prejudice to the foregoing, where such facilities are used for the export of energy, the supplier or suppliers responsible for such export shall pay the owners of such facilities the amount corresponding to the the proportion of the use of these for export purposes, which shall be calculated on the V.A.T.T. of the respective installation in accordance with the provisions of the Regulation. This amount must be deducted from the position indicated above. Moreover, any execution of an international interconnection project of new private interest or corresponding to the extension of an existing one, must previously be authorized by the Ministry of Energy, by means of the supreme decree issued under the formula "by order of the President of the Republic", after a technical report from the Commission and the Coordinator, who realize that the objectives set out in Articles 87 and 72 ° -1, respectively, are not affected. For such purposes, the sponsor shall accompany, together with his application for authorisation, a report containing the description of the project and its use for the international exchange of energy, its constructive deadlines and its technical characteristics and economic. In the event that the submitted project complies with the characteristics to be qualified as an international public service interconnection, according to the second paragraph of Article 78 °, the Ministry may qualify it as such. together with the respective authorisation. In addition, any existing international interconnecting facility of private interest, at the request of its owner, may be qualified by the Ministry as a public service, if compliance with the characteristics is verified. referred to in the second indent of Article 78 °. Chapter III: From the Qualification of Transmission Facilities Article 100 °.-Rating of the Facilities of Transmission Systems. The power lines and substations of each national transmission system, for poles of development, for zonal transmission and for the dedicated systems shall be determined by the Commission by means of a decision exempted from that effect, consistency with the considerations referred to in Article 87 °. The Commission shall, at the time when they enter into operation, incorporate the future transmission facilities, of compulsory construction, contained in the respective expansion decrees, such as those for which they are in operation. other than those entering into operation within the period of validity of the said resolution. Power lines and substations may only belong to a segment of the transmission system. In the resolution referred to in the first subparagraph, the Commission may group one or more territorial areas to form the respective zonal transmission systems. Such a grouping, as well as the incorporation of the line or substation into one of these, shall be maintained for three tariff periods, unless these are qualified in another segment. In this process, the disconnection of those lines and substations that are not necessary for the electrical system should also be defined, considering the background of the transmission planning processes. For the purposes of the rating of power lines and substations, three months before the expiry of the period referred to in Article 107, the Coordinator shall forward to the Commission the list of installations contained in the information referred to in Article 72 ° -8. Article 101 °-Technical Report on the Qualification of Facilities and Participation Instances. Within 90 days of receipt of the information referred to in the previous Article, the Commission shall issue a preliminary technical report with the rating of all transmission system lines and substations. The participants and users and institutions concerned referred to in Article 90 shall have 15 days to submit their comments to the report. Within 15 days of the expiry of the deadline for submitting observations, the Commission shall issue and communicate the final technical report for the rating of transmission lines and substations, accepting or rejecting the final technical report. comments submitted. Within 10 days of the communication of the final technical report, participants and users and interested institutions may submit their discrepancies to the Panel of Experts, which shall deliver its opinion within 30 days. from the respective hearing referred to in Article 211. For the above purposes, it is understood that there is It is possible to submit to the opinion of the Panel, if any technical comments have been made to the preliminary technical report, that they will be subject to the opinion of the Panel, after the Commission has rejected them, as well as, if the no technical comments have been made to the preliminary technical report, consider that its content should be maintained, should it have been amended in the final technical report. After the deadline for the submission of discrepancies, or the opinion of the Panel, as appropriate, the Commission shall, by means of a resolution exempt, approve the final technical report with the rating of the transmission lines and substations. for the next four years, which must be published on your website. Chapter IV: From the Tarification of Transmission Article 102 °.-From Tarification. The annual value of national transmission facilities, zonal, transmission system for development poles and payment for use of dedicated transmission facilities used by users subject to price regulation shall be determined by the Commission every four years on the basis of the recovery of the facilities provided for in the following Articles. Electrical undertakings which interconnect their transmission facilities to the electricity system without being part of the planning referred to in Article 87 (1) shall be regarded as existing works for the purposes of their recovery, and where the execution of these works has been authorised by the Commission, on an exceptional basis, after a well-founded report justifying the need and urgency of the work and its exclusion from the transmission planning process, approved by the Commission. Coordinator, according to the rules of the regulation. These facilities shall be assigned by the Commission to one of the segments referred to in Article 73 ° until the next four-year qualification referred to in Article 100, as laid down in the Regulation. Article 103 °.-Definition of V.A.T.T., V.I., A.V.I. and C.O.M.A. For each tranche of a transmission system the "annual value of the transmission by tranche", or "V.A.T.T.", consisting of the annuity of the "investment value", hereinafter referred to as "V.I.", shall be determined. of the tranche plus the annual operating, maintenance and administration costs of the respective tranche, or "C.O.M.A.", adjusted for the purposes of income taxes, in accordance with the methodology laid down in the Regulation. Each tranche of the transmission system shall consist of a minimum set of economically identifiable facilities, grouped according to the criteria laid down in the Regulation. The V.I. of a transmission installation is the sum of the efficient costs of acquisition and installation of its components, according to market values, determined in accordance with the following points. In the case of existing installations, the V.I. shall be determined on the basis of its physical and technical characteristics, valued at market prices in force in accordance with an efficient procurement principle. Without prejudice to the foregoing, in respect of the rights related to the use of land, the expenses and the compensation paid for the establishment of the easements used, for the purposes of including them in the respective V.I. value actually paid, indexed according to the variation experienced by the Consumer Price Index. For the purposes of the calculation of VAT, the Commission shall use the records referred to in points (a) and (j) of Article 72 (8). In the case of Expansion Works, the provisions of Article 99 ° shall be considered. The annuity of the V.I., hereinafter "A.V.I.", will be calculated considering the useful life of each type of installation, considering the discount rate indicated in the article 118º. For each segment of the transmission systems mentioned in the article 100 ° and for each zonal transmission system, the C.O.M.A. will be determined as the costs of operation, maintenance and administration of a single efficient company and that operates the facilities permanently under the standards established in the rules in force, as specified in the Regulation. Article 104 °-Useful Life of the Facilities. Useful life for the purpose of determining the annuity of the investment value referred to in the preceding Article shall be determined by the Commission. For these purposes, the Commission shall communicate to the participants and users and institutions defined in Article 90 a preliminary technical report containing the useful lives of the elements of the Regulation as soon as the Regulation fixes the Regulation. transmission, which must be published on your website. No later than 20 days after the publication of that report, the participants and users and institutions concerned may make observations, which shall be accepted or rejected on the basis of the final technical report, which will be published on the Commission's website within 20 days of the receipt of the comments. If comments were maintained, participants and users and interested institutions may submit their discrepancies to the Panel of Experts within ten days from the publication. The Panel shall resolve any discrepancies within a period of 20 days from the respective hearing referred to in Article 211. For the above purposes, it shall be understood that there is a discrepancy which may be submitted to the opinion of the Panel, if any technical observations have been made to the preliminary technical report, after the rejection of the The Commission also considers that, if the Commission does not make technical comments to the preliminary technical report, it considers that its content should be maintained, should it have been amended in the final technical report. The Commission shall communicate and publish on its website the final technical report on the life of the installations, incorporating as determined by the Panel, within 10 days of the communication of its opinion. In the absence of any discrepancies, the Commission shall communicate and publish on its website the final technical report within five days of the expiry of the deadline for submitting them. The useful life of the installations contained in the Commission's resolution approving the final technical report referred to in the previous subparagraph shall apply for three consecutive tariff periods. Exceptionally, the new elements due to technological advances or new developments, which have not been considered in the above mentioned resolution, must be incorporated, for the purpose of establishing their useful life, in the preliminary bases to which they refer Article 107 °. Article 105 °.-Del or the Studies of Valorization of Transmission Systems. Within the time limit referred to in Article 107 (1), the Commission shall initiate the assessment or assessment of the installations of the national transmission system, zonal, the transmission system for development poles, and the installations of the the dedicated transmission systems used by users subject to price regulation, the process of which will be directed and coordinated by the Commission. Article 106 °.-Citizen Participation. The participating undertakings and the users and institutions concerned referred to in Article 90 ° may participate in the process and study of the recovery of installations in accordance with the rules laid down in the following Articles and in the regulation. Article 107 °.-Bases of the Valorization Studies. No later than 24 months before the end of the period of validity of the rates of transmission systems, the Commission shall send to the participants and users and institutions concerned the preliminary technical and administrative bases. for the performance of the national system, zonal, transmission for development poles and the payment for use of the dedicated transmission facilities by the users submitted to the price regulation. The preliminary technical bases of the or the studies shall contain at least the following: (a) Discount rate calculated in accordance with Articles 118 and 119; (b) Criteria for considering economies of scale; (c) Model of (d) The methodology for determining the payment for use of the dedicated transmission facilities by users subject to price regulation. In addition, the preliminary technical bases may contain the criteria for considering economies of scope in those undertakings which provide the transmission service, in the event of verification that the particular structure of such undertakings, or their In accordance with the provisions of Law Nº 18.045, it takes advantage of synergies or cost savings in the joint provision of the service of transmission and other services, whether or not they are subject to price regulation. For its part, the regulation will determine the criteria for selecting the proposals of the or the consultants for the performance of the studies, the guarantees they will have to provide in order to ensure their offer and the correct performance of the studies, incompatibilities and all other conditions, stages and obligations of the consultants to be part of the administrative and technical bases. From the date of receipt of the preliminary technical and administrative bases and within a period of 15 days, the participants and users and institutions concerned may submit their comments to the Commission. The Commission shall, within a period of no more than 15 days, inform the Commission of the final technical and administrative bases. The Court of State has ruled that the If disputes are maintained, any of the participants or users and institutions concerned may submit their discrepancies to the Panel within a maximum of ten days from the receipt of the definitive technical bases. The panel of experts shall deliver its opinion within 30 days from the relevant hearing referred to in Article 211. For the above purposes, it shall be understood that there is a dispute which may be submitted to the opinion of the Panel, if any person who has made observations to the preliminary technical and administrative bases, persevere in them, after the (i) the Commission's rejection of the measures by the Commission, as well as, if those who have not made comments to the preliminary technical and administrative bases, consider that their content should be maintained, should they have been modified in the technical and final administrative. After the deadline for formulating discrepancies or after the opinion of the Panel has been delivered, the Commission shall formalise the final technical and administrative basis by means of a resolution which shall be published in a broad-based and accessible medium. communicate to the participants and users and institutions concerned. Article 108 °.-Tender and Supervision of the Valorization Study. In conjunction with the publication of the definitive bases, the Commission shall call for international public invitation to tender or for the assessment of the recovery of the transmission facilities concerned. The recovery or recovery studies shall be awarded and supervised in accordance with the definitive bases referred to in the previous Article, by a committee composed of a representative of the Ministry of Energy, one of the Commission, who shall be the chair, one of the national transmission system, one of the zonal transmission segment, two representatives of the free customers and one representative of the Coordinator, who shall be appointed in the manner set out in the regulation. The Regulation shall lay down the rules on the designation, constitution, operation, obligations and powers of this committee, the maximum period of the tendering process and the manner in which it shall be conducted. He or the studies must be carried out within the maximum period of eight months from the total processing of the administrative act which approves the contract with the consultant, without prejudice to the obligation of the consultant in respect of the public hearing to Article 111 °. Article 109 °.-Financing of the Valorization Study. The national transmission, zonal and transmission systems for development poles shall be responsible for the payment of the facility or the valuation of installations, in accordance with the provisions of the Regulation. The value resulting from the award process of the study or the studies will be incorporated in the respective recovery process as part of the C.O.M.A. Article 110 °.-Results of the Valorization Study. The results of the assessment or recovery studies shall specify and distinguish for installations classified as national transmission, zonal, for development and dedicated poles used by the users subject to regulation prices, at least, as follows: (a) V.I., A.V.I., C. O.M. A and V.A.T.T. by tranche, and (b) The determination of the corresponding indexation formulas and their form of application for the values indicated above, during the four-year period. In the case of transmission for poles of development, only the portion of the dedicated, new or existing lines and substations, as appropriate, whose technical characteristics have been modified in accordance with the above, shall be considered as Article 88 °. Article 111 °.-Public Hearing. The Commission shall, within a maximum of five days from the receipt of the study or the studies, convene a public hearing to the participants and to the users and institutions concerned, in which the consultant must present the the results of the recovery studies. The Regulation shall establish the procedure and the other rules to which the public hearing shall be held. Article 112 °.-Technical Report and Valorization Decree. After the public hearing procedure has been completed in accordance with the previous Article, within three months, the Commission shall draw up a preliminary technical report based on the results of the recovery or recovery studies, which shall be communicated to the transmitting companies, to the participants and to the users and institutions concerned, to the Coordinator, and will be made public through a means of wide access. The Commission's preliminary technical report shall contain the matters referred to in Article 110. From the receipt of the preliminary technical report, the participants and the users and institutions concerned shall have ten days to submit their comments to the Commission. Within 20 days of the expiry of the deadline for submitting comments, the Commission shall issue and communicate the final technical report on the recovery of transmission facilities, accepting or rejecting the comments on the basis of the observations. raised. Within 10 days of the communication of the final technical report, participants and users and interested institutions may submit their discrepancies to the Panel of Experts, which shall deliver its opinion within 45 days. days from the respective hearing referred to in Article 211. For the above purposes, it shall be understood that there is a discrepancy which may be submitted to the opinion of the Panel, if any technical observations have been made to the preliminary technical report, after the rejection of the (a) the Commission, as well as, if the Commission has not made technical comments to the preliminary technical report, considers that its content should be maintained, should it have been amended in the technical report. If no discrepancies are found within three days of the deadline for submitting them, the Commission shall forward to the Ministry of Energy the final technical report on the recovery of installations and their antecedents. In the event of discrepancies, the Commission will have 20 days from the communication of the Panel's opinion, to send the final technical report on recovery to the Energy Ministry, incorporating the Panel, and its background. The Minister of Energy, within twenty days of receipt of the technical report of the Commission, by decree issued under the formula "by order of the President of the Republic" and on the basis of that report, shall set the annual value of the facilities national, zonal, transmission system transmission system for development poles and dedicated transmission facilities used by users subject to price regulation. Article 113 °.-Effective Decree Tariff. Once the period of validity of the decree mentioned in the previous article has expired, the values established in it will continue to be governed until the following decree is issued in accordance with the legal procedure. Such securities may be adjusted by the transmission undertakings in the variation in the Consumer Price Index from the date on which the said decree was due to expire, after publication in a national circulation journal made 15 days in advance. By way of derogation from the foregoing paragraph, the differences between the actual invoiced and the corresponding values in accordance with the values which are definitively established, for the entire period between the day of termination of the The period referred to in the preceding Article and the date of publication of the new decree shall be paid or charged to the users of the transmission system on the occasion of the half-yearly calculation referred to in Article 115 conditions laid down in the regulation. Those differences shall be adjusted according to the Consumer Price Index to the date of publication of the new securities, for the entire period referred to in the preceding paragraph. In any event, it is understood that the new securities will enter into force to count on the maturity of the four-year period for which the previous securities were fixed. Chapter V: Of The Remuneration of Transmission Article 114 °.-Remuneration of Transmission. The undertakings which own the existing installations in the national, zonal and pole-of-development transmission systems shall each year receive the annual value of the transmission per section corresponding to each of these systems, defined in Article 103 °. This value shall be the total of its annual remuneration. In addition, the owners of the dedicated transmission facilities used by users subject to price regulation should be aware of the proportion of such use. For the purposes of the preceding subparagraph, within each of the national and zonal transmission systems, a single charge shall be established for use, in such a way that the collection associated with it constitutes the supplement to the actual tariff revenue for to collect the annual value of the transmission of each tranche defined in the decree referred to in Article 112 °. 'Actual tariff income per tranche' shall mean the difference resulting from the application of the marginal costs of the actual operation of the system, in respect of the injections and withdrawals of power and energy in that tranche. In addition, a single charge will be established so that the collection associated with it will pay the proportion of the dedicated transmission facilities used by users subject to price regulation, taking into account the proportion of actual tariff revenues that are assigned to them. Similarly, a single charge will be established in such a way that the collection associated with it will pay the proportion of the facilities for development poles not used by the existing generation. The annual value of the transmission for development poles not covered by this charge, will be assumed by the generators that inject their production at the corresponding pole. The single charges referred to in this Article shall be calculated by the Commission in the respective technical report and fixed by means of an exemption. The regulation must establish the mechanisms and procedures for the relief and adjustment of the related charges, in order to ensure that the companies identified receive the remuneration defined in the first subparagraph of this Regulation. Article. Article 114 (a)-Reallocation of tariff revenue by delay or unavailability in the operation of transmission facilities. In the case of actual tariff revenue per tranche in transmission systems exceeding the normal reference levels defined by the Regulation and originating from a delay in the entry into operation of the expansion works of the facilities for transmission in respect of the dates laid down in the respective expansion decrees or the unavailability produced in national or zonal transmission facilities during the first year of operation, the Coordinator shall make a reallocation of the corresponding tariff revenue component. For these purposes, once any of the situations of delay and/or unavailability identified in the preceding paragraph are verified, the Coordinator shall: (i) Identify the transmission facilities that present tariff revenues at levels higher than the reference levels due to the occurrence of one of the mentioned situations. (ii) Quantify and differentiate the amounts attributable to normal operation from those verified in the actual operation, distinguishing the component from the actual tariff income assignable to the transmission toll and the component assignable to congestion. The component of the tariff income assignable to the transmission toll shall correspond to the standard level of the transmission toll. (iii) Assign the amounts of the congestion component to generating companies that have made energy withdrawals for end users and/or injections, as long as they have been adversely affected in their balance sheets energy as a result of the situations produced, in the proportion corresponding to that effect. The methodology and the criteria to be considered for defining the normal reference levels of tariff income, as well as all other considerations for the correct application of the provisions of this article, will be established in the regulation. Article 115 °.-Payment of Transmission. The payment of the national, zonal and dedicated transmission systems used by users subject to price regulation shall be the charge of the free and regulated final consumers, and shall be governed by the following rules: (a) The charge for use of the national transmission system shall be determined on the basis of the difference between 50% of the annual value of the tranches of national transmission and the actual tariff revenue available for the preceding six months, of each of these tranches, divided by the sum of the total projected energy to be invoiced to the final supplies of the interconnected system for the same semester; b) The charge for use of each zonal transmission system shall be determined on the basis of the difference between the 50% of the annual value of the corresponding tranches and the available real tariff revenues of the semester above, divided by the sum of the total projected energy to be invoiced to the final supplies in that system for the same semester; c) The charge for use of the dedicated transmission systems used by regulated end consumers shall be determined on the basis of the difference between 50% of the annual value of the allocated tranche and the proportion of the actual tariff revenue available in the preceding six months, divided by the sum of the total projected energy to be invoiced to the final supplies in the interconnected system for the same semester. The sole charges referred to in this Article shall be calculated on a semi-annual basis by the Commission in the technical report concerned and fixed by means of a decision exempt, on the occasion of the determination of the price of knotted Article 162 °. Such values, as well as the reliquidations or adjustments to be made, shall be calculated by the Coordinator, as indicated in this law and in accordance with the procedures laid down by the Regulation. The ballots or invoices to free or regulated users extended by their respective suppliers, these concessionaires of public service of distribution or generators, must group the charges for national transmission, zonal, for development poles, of dedicated transmission facilities used by users subject to price regulation, in a single charge, in the form and periodicity that the regulation determines. The amounts invoiced by the respective suppliers under the provisions of this Article shall be transferred to the transmitting companies that correspond to the pro rata to be determined by the Coordinator in accordance with the provisions of this Article. set out in the regulation. Article 116 °.-Payment for the use of the Systems for Development Pose. For the purposes of determining the single charge for the remuneration of the proportion not used by generating plants existing in the transmission systems for development poles, the resulting ratio shall be understood as not used of the difference between one and the ratio between the sum of the installed capacity of generation, with respect to the totality of the installed capacity of transmission. This ratio shall distinguish dedicated lines and sub-stations from existing lines and substations, as appropriate, the technical characteristics of which have been modified in accordance with Article 88, as laid down in the Regulation. If the five tariff periods referred to in Article 99 have not been used, the total capacity of the intended transport shall be extended for up to two additional tariff periods. From then on, only the capacity of the existing generation, for their recovery and remuneration, will be considered. The payment of transmission systems for free and regulated final consumer charge development poles shall be determined on the basis of the difference between 50% of the proportion of the annual value of the corresponding tranches, allocated to these consumers, and the proportion of the actual tariff revenues available from the previous semester, divided by the sum of the total projected energy to be invoiced to the final supplies of the interconnected system for the same semester. The payment of transmission systems for the development poles of the generating plants connected to them shall be determined in proportion to the installed capacity of generation and their location, in accordance with the determination of the regulation. The Regulation shall establish the mechanisms and procedures for the correct determination of such payments. Article 117 °.-Repartition of Revenue. Within each national transmission system, zonal, for development poles and dedicated transmission used by users subject to price regulation, the revenue invoiced by way of the half-yearly charge for use and real tariff revenues, shall be distributed among the owners of the facilities of each transmission system in accordance with the following: (a) The total monthly collection of each segment and system shall be paid in proportion to the V.A.T.T. of the facilities resulting from the the recovery studies, in accordance with the indexation formulas. For development and dedicated transmission poles used by users subject to price regulation, this distribution will be made on the V.A.T.T. assigned to the corresponding demand. (b) In each system and segment, the differences between the total collection and the annual value of the transmission per tranche, as referred to in (a) above, shall be considered in the following period for the purposes of to pay or discount these differences as appropriate, in the calculation of the charge for the next period. c) The Coordinator shall carry out all the calculations necessary for the distribution of income referred to in this Article, in accordance with the rules in force and shall be required to maintain that the annual collection allocated to each The section does not exceed its annual recovery. Article 118 °-Rate of Discount. The discount rate to be used to determine the annuity of the investment value of the transmission facilities shall be calculated by the Commission every four years in accordance with the procedure laid down in the following Article. This fee shall be applicable after tax, and for its determination the systematic risk of the activities of the power transmission undertakings in relation to the market, the risk-free rate of return and the risk-free rate shall be considered. Award for market risk. In any case the discount rate may not be less than seven per cent and not more than ten per cent. The stated systematic risk is defined as a value that measures or estimates the variation in revenues of an efficient electric transmission company with respect to market fluctuations. The tas a risk-free return shall correspond to the average internal rate of return offered by the Central Bank of Chile or the General Treasury of the Republic for a readjustable instrument in national currency. The type of instrument and its time limit shall take into account the liquidity, stability and amounts involved in the secondary market of each instrument in the last two years from the reference date of the calculation of the discount, as well as its consistency with the planning horizon of the efficient company. The period considered for establishing the average shall be one month and shall correspond to the calendar month of the reference date of the calculation of the discount rate. The market risk award is defined as the difference between the profitability of the diversified market investment portfolio and the profitability of the risk-free instrument defined in this article. The national or international information used for the calculation of the value of the systematic risk and the risk award shall permit the collection of reliable estimates from the statistical point of view. In this way, the discount rate will be the risk-free rate of return plus the risk award multiplied by the value of the systematic risk. Article 119 °-Calculation of the Discount Rate. Before five months of the period referred to in Article 107 (1) to communicate the preliminary bases of the recovery studies, the Commission shall tender a study defining the methodology for calculating the discount rate, the values of its components, as referred to in the previous article. After this study, the Commission will issue a technical report with the discount rate, the value of which must be incorporated in the preliminary bases referred to in Article 107, for the purpose of being observed by the participating companies and the users and institutions concerned referred to in Article 90 °, and subject to the opinion of the Panel in the event of discrepancies, on the occasion of such a process. The technical report referred to above must be accompanied as a background in the preliminary bases identified. Article 120 °.-Distribution Peages. Public service concessionaires for the distribution of electricity shall be obliged to provide the transport service, allowing access to their distribution facilities, such as overhead or underground lines, substations and works. annexed, under the technical and security conditions to be established, for third parties to supply users not subject to price regulation located within their area of concession. Those who transport electricity and make use of these facilities in accordance with the previous subparagraph shall be obliged to pay the concessionaire a toll equal to the aggregate value of the distribution in force in the area where the user is located, within the respective typical area, adjusted in such a way that if the non-regulated customers acquire their power and energy at the prices of the knot considered to establish the tariff of the customers submitted to the price regulation of the concessionaire of service public distribution in the corresponding area, the final price will be equal to the one they would pay if the tariffs fixed on the concession holder in that area are applied to them. The provisions laid down in Articles 126º, in respect of the guarantee for the use of powers exceeding 10 kilowatts, 141st and 225 ° (q), shall apply to this service. The Ministry of Energy, after the Commission's report, will fix these tolls on the occasion of the fixing of the corresponding distribution tariffs. The Regulation shall lay down the procedure for the fixing and application of such tolls. Any discrepancies arising in connection with the fixing of the distribution tolls referred to in this Article may be submitted to the opinion of the Panel of Experts in accordance with the procedure referred to in Article 211. Article 121 °.-Billing, arrears, executive title invoice. In the event of a delay or a simple delay in the payment of the invoices that are issued among the companies subject to coordination of the Coordinator, they will be able to apply on the amounts due the maximum conventional interest defined in the article 6º of the law Nº18.010, in force on the day of the expiration of the respective obligation. The invoices issued by the transmission undertakings for the recovery of the remuneration of the transmission system shall have executive merit. Article 122 °.-Guarantees for investment projects in Transmission Systems. The transmission companies shall be entitled to provide a guarantee for the production of a financing for the construction and execution of a project of national transmission, zonal and for development poles, the rights of execution and exploitation of new works belonging to those transmission systems, which have been established by means of the decree of the Ministry of Energy referred to in Article 92. For such purposes, the following alternatives may be chosen: 1 ° Constituir a civil garment on the rights which for those companies are born of the decree indicated above. The garment shall be understood to be constituted and governed by the general rules of the Civil Code, with the tradition being carried out by means of the delivery by the transmission company to the creditor, of the decree in which the rights given in garment. 2 ° Ceder conditionally the rights under the said decree, subject to the suspension condition of defaults contemplated in the respective credit agreement concluded between the transmitting company and its creditors. 3. To grant an irrevocable mandate in the terms of Article 241 of the Commercial Code, to the creditors of the transmission company to receive the fees to which the latter is entitled according to the decree referred to in the first subparagraph. It may be agreed on such a conditional assignment, that he or the creditors must impute the amounts received under the terms of the mandate with those relating to the debt existing between the transmission undertaking and the creditor. The allocation of the amounts collected shall be made according to the rules agreed by the parties to the credit agreement in question or, in the absence thereof, to those contained in the Civil Code. If one or more of the contracts indicated in the preceding numerals are granted, the transmission undertaking must comply with the following paragraph, and the purchaser shall also be responsible for the execution of the rights executed or the acquiring the same because the suspension condition in question had been met, to meet the requirements laid down in this law and at the tendering bases for the expansion works, just as the debtor company did, in the terms of the prescribed in the following paragraph. It shall be subject to the approval of the Commission, the bases of the auction to prove compliance with the requirements laid down in the preceding paragraph, prior to the same. In the case of the conditional transfer of the right, the broadcaster must notify the Commission and the Superintendence of this fact. The non-compliance by the acquirer or the transferee of the requirements indicated in the foregoing paragraph, will give full rights to the purchase or transfer of the rights of the transferor. The acquisition of the credit rights shall not entail the extinction of the obligations arising from the electrical regulations of the transferring undertaking, unless it is demonstrated that the material is not material to be fulfilled and that they are resolved in the (5) Article 123 (5) shall be taken as a whole. (6) Amend the second paragraph of Article 128 ° in the following sense: (a) Intercalase following the point followed by the following sentence: " For the transmission undertakings, the interest must be equal to the discount rate established in the Article 118 ° at the time of the agreement. "(b) In the last sentence, the word" El "is replaced by" For the generating and distributing companies, the ". 7. In Article 133 (3), the following final point shall be inserted: " For this purpose, the distribution companies must have the necessary equipment to enable the continuous recording of the energy to be invoiced at each point of entry into their distribution system, and its instant communication to the Coordinator, in accordance with the specifications laid down in the Regulation and the technical regulations. "8) Eliminate in the fifth indent of Article 134 ° the final paragraph" ",", passing the comma that precedes it to be a separate point. 9) Replace in the final article 135 ° ter the acronym "CDEC" by the expression "Coordinator", the two times it appears. (10) Reside in the second, third, fourth and sixth points of Article 135 (d), the time appearing, the symbol "CDEC" by "Coordinator". 11) Assume Articles 137 ° and 138 °. (12) Replace in the second and third subparagraphs of Article 146 (b), each time it appears, the guitarianism "137 °" by "72 ° -1". 13) The article 146 ° c. 14. Amend Article 149 ° in the following sense: (a) Replace in the second indent the guitarianism "137 °" by "72 ° -1"; (b) Replace in the third indent the expression "coordination body of the operation or CDEC" by the expression "Coordinator"; (c) Replace in the fourth indent "137 °" by "72 ° -1", and (d) Replace in the fifth indent the expression "trunk, subtransmission" by "national, zonal". (15) Reposition in the second indent of Article 149 (c), the words "to the addresses of the CDEC Peages" by "to the Coordinator". 16) Eliminate Article 150 °. (17) Amend Article 150 (a) in the following sense: (a) Reposition in the first subparagraph, the words ' the Directorate of the Peages of the (b) Reposition in the third subparagraph the expression "to the Directorate of Peages of the respective CDEC" by "the Coordinator". (c) Replace in the sixth indent, the phrases "The Peaje Addresses of the CDEC" and " the (d) Substitute in the ninth indent, the phrases "The Direction of Peages of the respective CDEC" and "to the Direction of Peages", by the expressions "the Coordinator" and " to the Coordinator ", respectively. (e) Amend point 10 in the following sense: i. Replace the phrase "the Directorate of Peages of the respective CDEC" with "the Coordinator"; the phrase "the address referred to" by "the Co-ordinator"; and, the expression "the Direction of Peages" by "the Coordinator"; ii. Replace the sentence 'applicable to the discrepancies provided for in Article 208 (11)' by the sentence 'laid down in Article 211'. (18) Amend Article 150 (b) in the following sense: (a) Reposition in paragraph 14 the sentence 'the energy penalty factors of the system concerned' for the following ' the ratio between the price of the energy knot in that Particular point of the system and the price of energy knot at the injection point, both '. (b) Replace in the 17th paragraph the expression "the corresponding direction of Peages" by "the Coordinator". (c) Replace in the eighteenth paragraph the expression "each Direction of Peages" by "the Coordinator". (d) Modify the paragraph In the following sense: i. Replace the words "first indent of Article 119" by the phrase "second indent of Article 149"; Replace the term "such address" with "the Coordinator,". e) Replace in the final paragraph the phrase "the Directorate of Peages that corresponds" to "the Coordinator". 19) Amend the article 155 ° in the following sense: a) Replace, in the Number 2.-of the first subparagraph, the phrase "of the single charge for use of the troncal transmission system referred to in Article 102 (a)" by "the charges referred to in Articles 115 °, 116 ° and 212 ° -13". (b) Amend the third subparagraph as follows: i. Replace, in the first paragraph, the phrase 'the system of trunk transmission as referred to in Article 102' by 'the transmission systems as referred to in Articles 115 ° and 116 °'. ii. Add the following third and final paragraph: "-Charge for Public Service referred to in Article 212 ° -13." 20) Amend Article 157 ° in the following sense: (a) Modify the first indent in the following sense: i. Replace the expression "at generation-transport level" with "generation". ii. The following final text will be inserted after the final point: " The regulation will establish the mechanism for the transfer of these average prices to customers who are subject to price regulation, while keeping the necessary consistency between the invoicing of the supply contracts at the points of purchase and the physical withdrawals associated with those contracts, and the charging of the transmission segments. The differences resulting from the application of the above must be incorporated in the prices which can be transferred to customers subject to price regulation, by means of the corresponding tariff decrees. ' (b) Replace with the Third, the expression "the addresses of Peages of the respective CDECs, in a coordinated manner" by "the Coordinator". (c) Substitute, in the final indent, the point by the following sentence: ", according to what is established by the decree to which reference to Article 158 °. '; 21. Amend Article 158 ° in the following sense: (a) Replace, in the first subparagraph, the sentence following the point followed (.), including its literals (a), (b) and (c), by the following: " These decrees shall have a semi-annual and (b) The following second and third points shall be addressed: " Once the period of validity of the average prices has expired, the average prices shall remain in force for as long as the new prices are not fixed. prices in accordance with the provisions of this Article. Distribution public service dealers shall pay their suppliers the price levels of the respective contracts considered in the current six-monthly decree referred to in this Article. ' (c) Substitute the paragraph second, which has become fourth, for the following: " The prices associated with the contracts indicated will begin to apply from the date on which the supply is initiated, as indicated by the respective contract, and will apply once the contract is issued. Six-month decree. Only in the case of contracts which begin their supply during the period of validity of the respective decree and until the latter has been published, the distribution public service dealers will pay their suppliers the prices of the (d) To replace the current final indent, which has become the fifth, by the following: " The prices resulting from the indexation of the prices of the products of the product concerned, as well as the price of the product concerned, are not contracts will take effect from the date that the indexation originates and will be applied once the the corresponding half-yearly decree. "(e) Incorporate, following the current final indent that has become fifth, the following sixth, new point:" However, the distribution concessionaire shall pay or discount the supplier at the latest until the following half-yearly period, the differences in invoicing resulting from the application of the price levels set out in the respective contract, in respect of those established in the corresponding semi-annual decree. Likewise, such differences in billing must be transferred to the regulated customers through the tariffs of the following semi-annual decree, adjusted according to the current interest in force at the date of the decree of the decree. The above, in accordance with the provisions of the Regulation. ' 22) Amend Article 160 ° in the following sense: (a) Intercalase, between the words "knot" and "defined", the term "short term", and delete the phrase " in the months of April and October of each year. " (b) The following second indent is added: "The notifications and communications to be made in the process of fixing the prices of the knot, referred to in the preceding paragraph, may be effected by electronic means." 23) Amend Article 162 ° in the following sense: (a) Intercalase in number 1, between the expressions "existing installations and" and "under construction" the expression "those declared by the Commission". (b) Replace in number 2 the "166 °" by "165 °" and the phrase "The value thus obtained is called the basic price of the energy" by "The values thus obtained, for each of the bars, are called basic energy prices". c) Remove the number 4. (d) Amend the number 5 in the following direction: Replace the phrase "trunk substations" with "national transmission system bars" and the word "substation" by the word "bar". ii. The following sentence is inserted between the first comma and the expression: "and which does not have a basic price of power,". (e) Replace the number 6 by the following: " 6.-The calculation of the power penalty factors Point 5, referred to in point 5 above, is carried out in the light of the marginal losses of peak power transmission, taking into account the programme of generation and transmission works referred to in Article 1 (1) and (f) Number 7 in the following sense: i. Replace the term "the months of March or September, in the case of the price fixing of April or October, respectively, of the year in which the fixing" is made "for" the second month preceding the one established for the communication of the report (a) technical provisions referred to in Article 169. '; ii. Replace the final expression ", and" for a separate point. g) Remove the number 8. 24) Reposition in the final article 163 ° the expression "in a CDEC" by "among the companies subject to coordination". (25) The first subparagraph of Article 165 (1) is replaced by the following: " Article 165 °.-Within the first 15 days of the month preceding that laid down for the communication of the technical report referred to in Article 169, the Commission shall To inform the Coordinator and the Coordinated through this, the technical report of the calculation of the knot prices according to the procedure indicated in Article 162d of this Law, and to explain and justify: ". 26) Article 166 ° in the following sense: (a) Replace the heading of the first indent by the following: " Article 166.-Companies and entities, as referred to in Article 165, shall communicate to the Commission, within the time limits laid down in the Regulation, their comments to the report. technical and technical cooperation. Each undertaking shall inform the Commission, before the last day of each month, of its customers who are not subject to price regulation, hereinafter 'free customers', and distributors, at least the following: '. (b) Replace, in the second subparagraph, the expression "shall comprise the four months prior to the dates indicated" by "shall correspond to that of the second month preceding that of the communication indicated". 27) Amend Article 167 in the following sense: (a) Reposition, in number 1, the expression 'month before the fixing of the price of the knot referred to in Article 162' for ' the third month preceding that laid down for the purpose of the communication of the technical report referred to in Article 169. '; (b) Replaced in the nu mere 2, the word "troncal" for "national", and the guitarianism "102 °" for "115 °". 28. In Article 169, the words 'before 15 April and 15 October of each year' shall be replaced by the words 'on the occasion of the regulation'. 29) Reposition in the first paragraph of Article 170 the expression "CDEC" by "Coordinator". 30) Amend Article 171 ° in the following sense: (a) Replace the first indent by the following: " Article 171 °.-The Minister of Energy, within the ten days of receipt of the technical report referred to in Article 169 °, shall fix the short-term prices and their indexation formulas, as laid down in the first indent of Article 151l. " (b) Intercalase, in the second, between the word "knot" and the comma that follows it, the term "short term". (c) The third subparagraph shall be amended as follows: Interleave between the words "knot" and "respective" and "knot" and the point followed, the expression "short term". ii. Delete the final sentence: "For your part, the distribution companies must also apply the credits or charges according to the differences that result from the application of the prices of the knot that are finally established." (d) Modify the paragraph fourth in the following sense: i. Replace the expression "All reliquidations" with "The differences noted". ii. Interleave between the word "knot" and the comma that follows it, the term "short term". (e) Reposition the final indent by the following: "In any event, the new short-term prices shall be deemed to enter into force for the dates to be laid down in the Regulation." 31) Article 177 °, the comma following the word "definitive", which becomes a point followed, and the phrase "which in any case shall be approved by the latter before eleven months of the term of validity of the prices in force and shall be public" by the Next sentence: " If disputes were held, companies may present their discrepancies to the Panel, in a the maximum period of 10 days from the receipt of the final technical bases. The panel of experts shall deliver its opinion within 30 days from the relevant hearing referred to in Article 211. In any event, the definitive bases must be approved by the Commission before 11 months of the term of validity of the prices in force. "32) Reposition, in Article 181 °, the phrase" and the sole charge for the use of the system of The following fourth and final point (a) of Article 102 (3) (a) of Article 102 (3) (a) of Article 102 (3) (a) of Article 102 (33) of the Treaty is to be amended as follows: they produce in relation to the fixing of the prices of the services referred to in Article 147 (4), may be submitted to the opinion of the Panel of Experts in accordance with the procedure laid down in Article 211. '; (34) Reposition Article 208 ° by the following: " Article 208.-The opinion of the Panel of Experts shall be subject to any discrepancies arising in relation to matters expressly referred to in this Law and other laws in energy. They shall also be subject to such an opinion, any discrepancies arising between the Coordinator and the undertakings subject to their coordination in relation to internal procedures, instructions and any other act of coordination of the operation of the the system and the electricity market which emanates from the Coordinator, in completion of his duties. They may also submit to the opinion of the Panel of Experts the discrepancies which the power undertakings have with each other on the basis of the technical or economic application of the electrical sector regulations and which, by common accord, submit to their (35) Referred to in Article 210 (b), the words "in Article 208" by the following: "in this law or in other energy laws." 36) Amend Article 211 ° in the following sense: (a) Reposition the second indent by the following: " The intervention of the Panel of Experts, within the third day, must be notified to the parties, to the Commission and to the Superintendence of the discrepancies presented, and to give publicity to the on their website. A special session shall also be convened, and a work programme shall be set up which shall consider a public hearing with the parties and interested parties, which shall be recorded in writing. Such hearing shall be held no earlier than 10 days after the date of notification of the discrepancies. The Panel shall withdraw the opinion within 30 days from the date of the hearing, unless the statutory or regulatory provisions set a different time limit. The opinion shall be well founded and all the records received shall be public since the notification of the opinion. " (b) The third subparagraph shall be amended as follows: i. Interleave, between the word "participate" and the phrase "in the respective procedure", the following expression: ", as parts,". ii. Replace the word "respective" with the "legal" expression referred to in the first indent. Insert the following sentence following the separate point which is to be followed: " The above, if any, will alter the application and the general scope of the instruments or actions that have such nature and on which they are (c) Intercalase the following fourth indent: " In all those discrepancies in which the Commission and the Superintendence do not have the quality of the parties, they shall have the status of persons concerned with regard to the of their respective powers. ' (d) Replace the final indent by the following: " However, the Minister of Energy, by means of a decision established and subject to the procedure of taking the Office of the Comptroller General of the Republic, may, within ten days from the notification of the opinion, declare it inapplicable, in case it is relates to matters other than those referred to in Article 208. '; 37) Amend Article 212 ° in the following sense: (a) Redeploy the first and second points of Article 212 ° by the following: " Article 212 °.-The financing of the Panel shall be established through an annual budget, which shall be approved by the Energy Secretariat prior to its implementation. This budget shall be financed in accordance with Article 212-13. For these purposes, the Panel shall submit to the Under-Secretary of Energy, by 30 September each year, the annual budget for the following year. The budget of the Panel of Experts shall include the fees of its members and the attorney-general, expenses on administrative staff and other general expenses. The procedure for collecting the public service charge for the financing of the Panel and its payment shall be carried out in the manner specified in the regulation. " (b) The current third subparagraph is assumed. 38) Intercalase, following Article 212 °, the following Title VI bis, new: " Title VI BIS of the Independent Coordinator of the National Electrical System Article 212 ° -1.-Independent Coordinator of the National Electrical System, the Coordinator. The Independent Coordinator of the National Electrical System is the technical and independent agency responsible for coordinating the operation of the set of installations of the national electricity system that operate interconnected. The Coordinator is an autonomous corporation of public law, non-profit, with its own patrimony and indefinite duration. Your address will be the city of Santiago, without prejudice to the establishment of offices or offices throughout the country. The Coordinator may conclude all types of acts and contracts subject to the common law. The Coordinator is not a member of the State Administration, but does not apply the general or special provisions, dictated or dictated to the public sector, except expressly mentioned. Its organisation, composition, functions and powers shall be governed by this law and its rules of procedure. Article 212 ° -2.-Transparency and publicity of information. The principle of transparency is applicable to the Coordinator, so that the following duly updated background, at least once a month: a), shall be kept at the permanent disposal of the public through its electronic site. rules that apply to you. b) Its organic structure or internal organization. (c) The functions and powers of each of its internal units or bodies. d) Its annual financial statements and annual reports. e) The composition of its Board of Directors and the individualization of those responsible for management and administration. f) Consolidated staff information. g) All remuneration received in the year for each member of its Board of Directors and the Executive Director, for representation expenses, viatics, royalties and, in general, any other stipend. The total remuneration received by the staff of the Coordinator shall also be included, on a global and consolidated basis. (h) annual public account which accounts for the fulfilment of the management objectives. The above information must be incorporated into your electronic sites in a complete manner, and in a way that allows easy identification and prompt access. Likewise, the Coordinator shall provide all information requested to him, except that any of the grounds of secrecy or reservation established by law and the Constitution, or that his publicity, communication or knowledge affect the due compliance with the functions of the Coordinator or the rights of persons, especially in the area of their private life or rights of a commercial or economic nature. The procedure for the delivery of the requested information must be carried out within the time limits and in the form laid down in the regulation. Any refusal to provide the information shall be made in writing and shall be founded, specifying the legal causal invoked and the reasons for its decision in each case. It shall be for the Executive Director to ensure that the obligation laid down in this Article is complied with and the head of the body shall be considered for these purposes. The provisions of Articles 8, 47 and 48 of Law No 20.285 on Access to Public Information shall apply. In the event of non-compliance, the sanctions will be applied by the Council for Transparency. The Coordinator shall provide direct access to the Commission and the Superintendence of the background and databases supporting the system set out in Article 72 ° -8. Article 212 ° -3.-Administration and Management of the Coordinator. The management and administration of the Coordinator shall be the responsibility of a Board of Directors, composed of five members, who shall be elected in accordance with Article 212 ° -5. The Board of Directors shall be responsible for the judicial and extrajudicial representation of the body and for the performance of its functions, which shall not be necessary to accredit third parties, it is invested with all the powers of administration and disposition. of all kinds of goods. The Board of Directors may delegate part of its powers to the principal executives, managers, deputy managers or lawyers of the Coordinator, to a counselor or to a committee of directors and, for specially determined objects, to other persons. One of the members shall serve as Chairman of the Board of Directors, elected in accordance with the provisions of Article 212 (5), in particular: (a) Chair and convene Council meetings; (b) Communicate the Executive Director and other officials of the Coordinator, the Council's agreements, and (c) Velar for the implementation of the Council's agreements and comply with any other function entrusted to it by the Council. The Board of Directors shall appoint among its members a Vice-President to perform the duties of the President in the event of absence or impediment of any nature. The Coordinator shall have an Executive Director, who shall be appointed and/or removed by the Board of Directors in the form and with the quorum established in Article 212 ° -8. It shall be the responsibility of the Executive Director: (a) the implementation of the agreements and guidelines adopted by the Board of Directors; (b) Management for the technical and administrative functioning of the body; (c) Propose to the Board of Directors the structure Coordinator's organizational structure; and (d) Other matters delegated to it by the Board of Directors. The members of the Board of Directors, the Executive Director and the staff of the Coordinator shall not be of the staff of the State Administration and shall be governed exclusively by the rules of the Labour Code. However, they will be extended to the status of public employees only for the purpose of applying Article 260 of the Penal Code. The Coordinator must have an internal and personal structure necessary and suitable for the performance of his duties, which will be determined by the Board of Directors. For these purposes, the Board of Directors shall draw up the Statutes of the Coordinator, which shall regulate the institution's internal organization and contain the rules that ensure its proper functioning. The Board of Directors shall consider the opinion of its employees in the definition of its internal organization. Article 212 ° -4.-Duty of the Board of Directors to ensure the fulfillment of the functions of the Coordinator and regulations. It will be up to the Coordinating Council of the Coordinator to ensure that the functions assigned to the Coordinator are fulfilled by the regulations in force and to take the necessary measures to ensure such compliance, in the field of their privileges. The Board of Directors shall inform the Superintendency and the Commission of any facts or circumstances that may constitute an infringement of the current electrical regulations by the companies subject to their coordination, identifying the owner of the relevant facilities, where appropriate. Article 212 ° -5.-Of the Coordinating Council of the Coordinator. The members of the Board of Directors and their President shall be elected, separately, in public and open processes, by the Special Committee on Nominations, of a proposal of candidates to the Council drawn up by one or more specialized companies in the recruitment and selection of staff. Candidates shall demonstrate professional experience in the electrical sector or other areas defined by the Committee, and shall meet the necessary conditions of eligibility for the performance of the position. The technical specifications of the specialized companies and the operational aspects of the procedure for the election of the directors of the Coordinating Board of the Coordinator will be established in the regulation. The members and the president will last five years in office, and can be re-elected for once. The Board of Directors will be partially renewed every three years. Members may be removed from their position by the Special Committee on Nominations for the abandonment of duties, manifest negligence in the exercise of their duties or lack of suitability for having been convicted of a crime or a simple crime that deserves (a) a penalty or the penalty of perpetual inability to carry out public office or public office, for the same qualified quorum set for your choice. The removal of any of the members of the Board of Directors shall be decreed by the Special Committee of Nominations, at the request of the Superintendence, for justified reasons and in accordance with the procedure laid down in the regulation to be given to the (a) the definition of the definitions, time limits, conditions and procedure for the exercise of this attribution. Members shall cease their duties in any of the following circumstances: (a) Term of the legal period of their appointment; (b) Voluntary resignation; (c) Overcome incompatibility, which shall be qualified by the Committee of Nominations; (d) Emotion for justified reasons, agreed upon by the Nominations Committee in the cases referred to in this Article, and (e) Overbearing capacity to prevent him from exercising his position for a period exceeding three consecutive months or six months months in one year. In the event of an early cessation of the office of an adviser, whatever the case may be, the Special Committee on Nominations shall be set up, at the request of the Commission, to elect a replacement for the time remaining for the end of the period of the appointment of the counsellor whose duties have ceased in advance, unless the latter is six months or less. The Board of Directors shall be responsible for at least four of its members. Without prejudice to the foregoing, the agreements shall be deemed to be adopted when they have the favourable vote of the majority of the members of the Council, unless this law or the Regulation requires a special majority. He who is expected to have a decision in case of a tie. The Board of Directors shall hold regular sessions with the periodicity laid down in the Rules of Procedure, and extraordinary sessions when the President, in particular, is quoted by the President or at the written request of two or more members. This Council may also, by qualified quorum, assign a name of fantasy to the Coordinator. Article 212 ° -6.-Incompatibilities. The board of directors of the Board of Directors is exclusively dedicated and will be incompatible with any charge or paid service that is provided in the public or private sector. Members may, however, carry out functions in public or private corporations or foundations which do not pursue profit-making, provided that they do not receive remuneration. Furthermore, the function of a counsellor with the status of a holder, holder or owner of shares or rights, by himself or through third parties, of a legal person subject to the coordination of the Coordinator, its parent, subsidiary or subsidiary, is incompatible with the coligadas. Persons who at the time of their appointment are affected by any of those conditions must renounce it. The incompatibilities contained in this article shall be maintained for six months after having ceased to be responsible for any cause. The infraction of this norm will be sanctioned by the Superintendence, being able to serve as a justified cause for the removal of the respective counselor. The incompatibilities provided for in this Article shall not govern the teaching or academic work as long as they are not financed by the coordinated ones, with a maximum limit of twelve hours per week. Nor shall they be governed when laws provide that a member of the Board of Directors must integrate a particular committee, board, board, or other body, in which case they shall not receive remuneration for these other functions. Where the cessation of duties occurs at the end of the legal period of the post or due to an incapacity for a term, the counsellor shall have the right to receive compensation equal to the total remuneration payable in the last month, for six months. months. If, during that period, it incurs any incompatibility, it shall lose the right to receive such compensation from the time of the infringement. The violation of the provisions of this article will be sanctioned by the Superintendence, and may serve as a justified cause for the removal of the respective counselor. Article 212 ° -7.-Special Committee on Nominations. The Special Committee on Nominations shall be composed of the following members: (a) The Executive Secretary of the National Energy Commission; (b) A Counselor of the High Public Directorate; (c) The Chair of the Panel of Experts or one of its designated members for this purpose; and (d) The President of the Tribunal of Defense of the Free Competition or one of its designated ministers for that purpose. The operation of the Special Committee on Nominations and the other rules governing it shall be established by the Commission by means of a decision rendered to that effect. All the Committee's agreements shall be adopted by a favourable vote of at least three of its four members. The members of the Committee shall not receive any remuneration or additional allowance for the performance of their duties. The Coordinator shall provide the Committee with the administrative support necessary for its proper functioning, and may be able to hire the specialized undertakings referred to in Article 212 (5). Article 212 ° -8.-Of The Executive Director. The Executive Director shall be elected and removed by the favourable vote of four of the Directors of the Board of Directors of a third party of candidates for the position established by a specialized company. The technical specifications of the specialized company and the operational aspects of the procedure of election of the Executive Director shall be established in the internal statute of the Coordinator. The Executive Director is personally responsible for the implementation of the Council's agreements. However, if the Executive Director considers that an agreement, the execution of which corresponds to it, is contrary to the current rules, it must represent it in writing and if the Board of Directors reiterates it in the same way, it will have to execute such an agreement. exempt from all responsibility. Article 212 ° -9.-Responsibility of the Coordinator and members of the Board of Directors. Infringements of the rules in force in which the Coordinator incurs in the performance of his duties shall give rise to the corresponding damages, in accordance with the general rules. The Board of Directors is a collegiate body, which exercises the functions that the law and the electrical regulations assign to it. Members shall act in the exercise of their duties with the care and diligence that persons ordinarily employ in their own businesses. The deliberations and agreements of the Board of Directors shall be recorded in a record, which shall be signed by all members of the Board who have attended the meeting. In those minutes, it must also count the dissenting votes or the agreements adopted by the Board of Directors, for the purposes of an eventual exemption from the responsibility of any counselor. The internal statutes of the Coordinator shall regulate the fidelity of the minutes, its approval, observation and signature mechanism. The minutes of the Board of Directors shall be public. The members and the President shall be personally responsible for the actions they take and the decisions they take in the exercise of their office, as well as for their implementation, and must respond administratively in accordance with the provisions of the sixth of this Article. Without prejudice to the foregoing, the Coordinator shall respond civilly to the facts of the members of the Board of Directors, who are involved in the exercise of their office, except that those who are the members of the Executive Board shall be the constituent of crimes or simple crimes. As appropriate, the Coordinator shall have the right to repeat against him or the directors responsible. In the event of judicial proceedings against the members of the Board of Directors for acts or omissions in the exercise of their office, the Coordinator shall provide them with defense. This defence shall be extended for all actions which are initiated against him on the basis of the above reasons, even after he has ceased to be in office. The Superintendence will be able to apply penalties consisting of fines to the councilors for their concurrence with the agreements of the Board of Directors that have as a consequence the infringement of the sectorial regulations. Likewise, the members of the Board of Directors may be punished for the violation of their duty of vigilance on the actions of the Coordinator. Members who infringe the provisions of Article 212-6 on their incompatibilities or, without justified cause, may also be subject to fines of more than 5% of the Council's sessions in a calendar year. These fines will have as a maximum ceiling, for each infringement, 30 annual tax units per counselor. The sanctioned counselor will have the right, while he has the quality of member of the Board of Directors, to pay the corresponding fine by a maximum monthly discount of 30% of his monthly gross remuneration until he learns his total amount. Article 212 ° -10.-Remuneration of the Board of Directors and of the Executive Director. Members shall receive a gross monthly remuneration equivalent to that established for the members of the Panel of Experts in the fourth indent of Article 212 °. In the case of its President, such remuneration shall be increased by 10%. The remuneration of the Executive Director shall be fixed by the Board of Directors. Article 212 ° -11.-Financing and Annual Budget of the Coordinator. The financing of the Coordinator shall be established by means of an annual budget, which shall be approved by the Commission prior to its implementation. This budget shall be financed in accordance with Article 212-13. The National Energy Commission shall ensure the efficient use of the resources set out in that budget. For these purposes, the Coordinating Board of the Coordinator shall submit to the Commission, before 30 September of each year, the annual budget of the Coordinator, who shall also detail the work plan for the respective calendar year, identifying the activities to be carried out, the objectives proposed and the management indicators to verify the completion of those objectives. The budget must be able to meet the objectives and functions established for the Coordinator in the current electricity regulations. The Commission may justifiably observe and request modifications to the annual budget of the Coordinator, which must necessarily be incorporated by that body. The Commission shall approve the annual budget of the Coordinator before 19 November of each year. The Board of Directors may, at any time and in duly justified form, submit to the Commission for approval one or more budgetary supplements. In the event of approval, the Commission shall adjust the public service charge referred to in Article 212 (13) in order to finance that supplement. The Commission may contract advice or studies to enable it to exercise the powers given to it in this Article, in order to control the efficiency of the coordinator's expenditure, in accordance with objective parameters. In addition, within the first 40 days of each year, the Coordinator shall submit to the Commission an audited report for the budgetary implementation of the immediately preceding calendar year and the degree of compliance of the management indicators. The Board of Directors shall consider the results of such a report for the payment of the performance or management incentives that it may agree to deliver to the workers and senior executives of the Coordinator, during the year following the audited year. The Coordinator may obtain financing, credits, contributions or subsidies, after approval by the Commission. The Regulation shall lay down the rules necessary for the implementation of this Article. Article 212 ° -12.-Heritage of the Coordinator. The property of the Coordinator shall be made up of movable, immovable, bodily or incorporated property, which is transferred or acquired to any title, as well as the revenue it receives for the services it provides. The revenue referred to in the preceding paragraph shall be charged to the calculation of the corresponding budget for the following year and preferably to the item corresponding to the resources necessary to comply with the obligations laid down in Article 72 ° -13. The goods of the coordinator intended for the performance of his object and functions shall be inembargable. Article 212 ° -13.-Charge by Public Service. The budget of the Coordinator, the Panel of Experts and the study of the strip provided for in Article 93, shall be financed by the total of end users, free and subject to price fixing, through a public service charge, which shall be fixed annually by the Commission, by means of a decision exempted and informed before 19 November of each year, in order to ensure that the charge indicated is incorporated in the respective ballots or invoices from the month of December of the year of the corresponding budget period. This charge will be calculated by considering the sum of the annual budgets of the Coordinator, the Panel of Experts and the study of the strip, divided by the sum of the total projected energy to be invoiced to the final supplies for the calendar year next. The amount to be paid by the end users will correspond to the public service charge multiplied by the energy invoiced in the corresponding month. In the case of customers subject to price fixing, this value will be included in the respective accounts to be paid to the distribution company, which in turn will have to pay the amounts collected monthly to the Coordinator. Also, in the case of free customers, this charge must be explicitly incorporated in the ballots or invoices between those customers and their supplier, who will have to transfer monthly the amounts received from the clients to the Coordinator. The Coordinator shall distribute the revenue collected on a pro rata basis from the respective annual budgets of that body, the Panel of Experts and the one prepared by the Subsec. Energy for the strip study, as appropriate. Balances in favour or against which they are recorded shall be charged against the calculation of the corresponding budget for the following year. The procedure for the fixing and collection of the charge for public service and its payment shall be carried out in the manner laid down in the Regulation. " 39. 40) Replace the first paragraph of Article 223 ° by the following: " Article 223 °.-To energize new electrical installations other than those mentioned in article 72º-17, their owners must communicate to the Superintendence such circumstances within the time limits and in addition to the background required, as laid down in the Regulation. " 41) Amend Article 225 ° in the following direction: (a) Replace point (b) by the following: "(b) National Electrical System: Interconnected electrical system whose installed capacity of generation is equal to or greater than 200 megawatts." (b) Redeploy the letter and) by the following: " and) Energy Firme: Expected annual production capacity of electrical energy that can be injected into the system by a generation unit in a safe manner, considering aspects such as the certainty associated with the availability of its primary energy source, Planned and forced inavailabilities. The details of the calculation of the firm energy, differentiated by technology, must be contained in the Technical Standard which the Commission dictates for these purposes. ' (c) Reposition the letter (z) by the following: " z) Additional services: allow the coordination of the operation of the system in the terms laid down in Article 72 ° -1. They are complementary services at least, frequency control, voltage control and service recovery plan, both under normal operating conditions and in the face of contingencies. These services shall be provided by means of the technical resources required in the operation of the electrical system, such as the capacity of generation of active power, the capacity of injection or the absorption of reactive power and connected power (d) The following point (ad): "ad) Energy storage system: technological equipment capable of removing energy from the system". electrical, transforming it into another type of energy (chemical, potential, thermal, among others) and Store it with the objective of, by means of a reverse transformation, inject it again into the electrical system, contributing to the safety, sufficiency or economic efficiency of the system, as determined by the regulation. For these purposes, withdrawals made in the storage process will not be subject to the charges associated with end customers. The Regulation shall lay down the provisions applicable to such withdrawals. ' Article 2.-Amend article 15 ° of the law Nº 18.410, which creates the Superintendence of Electricity and Fuels, in the following sense: (a) Replace the number (2) of the third subparagraph, by the following: " 2) Hayan submitted false information or has omitted information, which may affect the normal functioning of the market or the processes of price regulation, in cases the law authorizes the Superintendence, the National Energy Commission, the Ministry of Energy or the Independent Coordinator of the National Electrical System to demand it; "b) Replace the number 6) of the fourth indent, which follows:" 6) Constitute a refusal to provide information in cases that the law authorizes to the Superintendence, the National Energy Commission, the Ministry of Energy or the Independent Coordinator of the National Electrical System to demand it or its delivery is unjustifiably incomplete, erroneous or late; " TRANSITIONAL PROVISIONS Article 1.-The Independent Coordinator of the National Electrical System, will be the legal continuator of the Central Interconnected System Cargo Economic Dispatch Centers, CEC SIC, and the Interconnected System of the Great North, CDEC SING, and of the entities through which they act from the date specified in the fifth indent, without prejudice to the reciprocal rights that may exist and the exceptions indicated in the articles Transitional periods. Within the first month of publication of this law, the Commission shall, by means of a decision exempt from it, lay down the rules governing the operation of the Special Committee on Nominations referred to in Article 212 (7) and the the first election of the members of the Board of Directors, after which it shall convene the Committee for the purpose of initiating the process of electing the members of the Board of Directors. The Commission shall provide the Committee with the administrative support necessary for its proper functioning, and may be able to hire the specialised undertakings referred to in Article 212 (5) for that purpose. The Nomination Committee shall elect the members of the Board of Directors within a period of 4 months from the publication of this law. For the purposes of the partial renewal of the Board of Directors, the initial period of validity of the appointment shall be three years for two of its members, which shall be determined by the Committee. Once the Board of Directors has been appointed, the Board shall have the maximum period of two months for the definition of its statutes, informing the Commission and the selection of the Executive Director through a public, informed and transparent process. The Coordinator shall begin to perform the duties assigned to him by this Act on 1 January 2017, with the exception of those set out below, which shall be exercised on the following dates: (a) From 1 October 2017, those functions and requirements laid down in points (a) and (j) of Article 72 (8). (b) As from 1 January 2018, those functions and requirements laid down in Article 72 (1) (c) and (f), third indent, in Article 72 (8) and in Articles 72 to 11 and 72 ° -13. (c) From 1 July 2018, those functions laid down in Articles 72 ° -7 and 72 ° -10. In the time that I mediate between the publication of this law in the Official Journal and the date on which the Coordinator begins to perform his duties, the CDEC SIC and the CDEC SING shall continue to operate and perform the functions that the regulations Current electricity until the date of publication of this law assigns them, which will be understood to be valid until the date on which the Coordinator begins his duties. Notwithstanding the foregoing, the Coordinating Board of the Coordinator may instruct, through the Executive Director, the necessary measures to ensure the proper installation, organization and operation of the Coordinator. Article 2.-The budget of the Coordinator for the year 2017 shall correspond to the sum of the budgets presented by the respective CDEC for that year and which are approved by the Commission, which shall ensure the efficient use of the resources entered in those budgets. These budgets must be drawn up in accordance with the rules and procedures in force at the time of publication of this law. This budget will be financed by the members of both CDEC with a pro rata based on the proportion of 70% contribution of the SIC and 30% contribution of the SING according to the current rules to the date of publication of this law. However, once the functions of the Coordinator have been initiated, the Board of Directors may revise the budget and make the corresponding adjustments, on a basis, which must be approved by the Commission. By way of derogation from the fifth indent of the first transitional article, once the Coordinating Board of the Coordinator has been appointed, and the Commission's 2017 budget adopted by the Commission, the Council shall communicate to the members of the each CDEC the form and deadlines in which they will make their contributions. Any balance in favour resulting from the implementation of the CDEC annual budget for the year 2016 of legal persons and entities that serve as legal or administrative support for CDEC shall be transferred to the budget of the CDEC. Coordinator for the year 2017. Disbursements made under this Article shall be considered as deductible expenses. In the case of outstanding fees, the rights of the Coordinator may be granted to the Coordinator, in order to be invoiced and collected by the Coordinator. On the other hand, in the case of pending billing, the ownership of the accounts receivable may be transferred to each billing, verifying the requirements required by the law in force for the transfer of invoices. Any tax debit associated with such billing shall be declared and paid by the taxpayer who has issued the invoice. The Coordinator shall not be the continuator of legal persons or entities that serve as legal or administrative support to CDEC for tax purposes. Prior to January 1, 2017, the Board of Directors may initiate proceedings to obtain the sole tax and initiation role of the Internal Revenue Service, or to open bank current accounts and, in general, carry out any procedures before public and private bodies that allow the Coordinator to be fully operational at the date of the commencement of his duties. For its part, in the financing of the budget of the Panel of Experts for the year 2017, and the procedure for its collection and payment, the provisions that this law amends will apply. Article 3.-The budget of the Coordinator for the year 2018 shall be financed in accordance with the provisions of Article 212º-13. For this purpose, the single charge per servici or public as provided for in that Article, shall be incorporated in the ballots or invoices issued from the month of September 2017. The budget of the Panel of Experts for the year 2018, as well as the procedure for its collection and payment, shall be governed by the provisions of Articles 212 and 212-13. It will be up to the Panel to send the annual budget to the Under-Secretary of Energy by 30 June 2017 at the latest, for the purposes of being able to be incorporated into the ballots or invoices issued from September 2017. Article 4-The members of the Board of Directors of the CEDEC SIC AND CDEC SING, as well as the directors of the technical addresses in the exercise of these agencies, may apply for the election of the directors of the Board of Directors and the Executive Director of the Coordinator. Persons who at the time of their appointment exercise any such position shall resign from them at the time of taking office. Article 5.-The members or alternate members of the Board of Directors of CDEC SING AND CDEC SIC who are in exercise, at the date of publication of this law in the Official Journal, will continue in their posts until December 31, 2016, without prejudice to waiving their charges for the casual noted in the previous article. Members of the Board of Directors at the time the Coordinator assumes his duties shall receive their fees for the following three months. Article 6.-For the purposes of ensuring the continuity of the CDEC's functions, which shall be assumed by the Coordinator, the first shall not be able to dispose of property of his property that are necessary for the performance of those functions up to twelve months after they have been initiated, unless they have been previously acquired by the Coordinator or who have expressed their decision not to do so. Without prejudice to the foregoing, the CDEC shall assign to the Coordinator the use, enjoyment or disposal of the SCADA system and other essential assets, declared by the Commission, either free of charge or for consideration, and in the latter case the value shall not exceed book price as at 31 December 2015. Any donation of the goods mentioned in this article shall not be subject to the procedure of the insinuation and shall be exempted from the tax on donations established in law Nº 16.271. Such donation will be credited with a certificate of the Coordinator, containing: name of the donor, Single Tax Role, goods object of donation and its assessment, date, signature and stamp of its President, being the referred certificate sufficient title for make the necessary registrations or registrations in front of all types of agencies, such as the Internal Revenue Service or the Real Estate Conservative. The Coordinator shall be the continuator of the legal persons or entities that serve as legal support to the CDEC in respect of supply contracts, use licenses and, in general, services, and the rights and obligations of the CDEC. they emanate, which are necessary for the operational continuity of the Coordinator. For the above, the Coordinator shall determine the operational need and inform the counterparty of its continuing quality of the original contracting entity. For the purposes of this Article, the provisions of the final paragraph of the second transitional article of this Law shall apply. Article 7.-For the purposes of labor and foresight, the Coordinator is the legal continuum of legal persons or entities that support the CDEC SIC and the CDEC. In particular, the provisions of Article 4 of the Labour Code shall apply. Article 8.-The process of annual planning of the trunk transmission corresponding to the year 2016 will not be governed by the legal norms of this law, remaining in force in its respect the provisions contained in the decree with force Law Nº 4/20.018, 2006, which establishes consolidated, coordinated and systematized text of the General Law of Electrical Services. For their part, the rules contained in Articles 87 and 87 below concerning the planning of the transmission shall enter into force on 1 January 2017, even if the rules which refer to energy planning cannot be met. be applied as long as the decree referred to in Article 86 is not given. Article 9.-Within 90 days of the publication in the Official Journal of this Law, the Ministry of Energy shall initiate the process of energy planning referred to in Articles 83 and following, except as referred to in the third paragraph of Article 85 °, which shall enter into force at the time of publication of this law. Article 10.-The facilities of the system of trunk transmission, of subtransmission and additional existing to the date of publication of this law will become part of the system of national transmission, zonal and dedicated, respectively, without prejudice to any references in the electrical regulations in force to the trunk system, subtransmission and additional and to the provisions of the transitional articles of this law applicable to such systems. Article 11.-During the period between 1 January 2016 and 31 December 2017, the Supreme Decree No. 14 of the Ministry of Energy, enacted in 2012 and published in 2013, which sets system rates, will remain in force. for further transmission and transmission and its indexation formulas, hereinafter 'Decree 14', with the exception of those provisions, factors and conditions relating to the use of subtransmission systems by the plants generators that inject directly or through additional facilities their production in such systems, who will be excluded from such payment. In consistency with the collection expected by the extension of Decree 14 and the projection of the demand, the excluded payments will not be covered, nor will they be absorbed by the rest of the users of the systems of subtransmission. The Ministry of Energy, by decree issued under the formula "by order of the President of the Republic", after technical report of the Commission, may make adjustments that are strictly necessary for the implementation of the exemption for the payment of generating power plants and the product of the application of the Supreme Decree No 23 T, of the Ministry of Energy, enacted in 2015 and published in 2016, hereinafter "Decree 23 T", which are directly related to the modification and/or adequacy of indexers, parameters, income distribution and other conditions of application allow a consistent and harmonious implementation of Decree 14, in the extended period. For the purposes of drawing up such a report, the Commission shall hear the undertakings, which may submit their comments within 10 days of the notification of the report. The Commission may also, on the basis of the conditions of application referred to in that decree, make any other adjustments necessary for a consistent, consistent and technically feasible application of Decree 14 and its effects. in the other tariff decrees, in order to maintain due consistency, tariff harmony or to avoid double counting or sub-valuations in the payment chain, and to make an appropriate transfer of costs to the final customers, among the different tariff decrees in force. Without prejudice to the foregoing paragraph, the distribution of the revenue collected by the application of the rates set out in Decree 14 during its extended term must include those facilities contained in the decree. 163/2014, of the Ministry of Energy, promulgated and published the year 2014. Once the period of validity provided for in this article is expired for Decree 14, the values set out in it and its indexation formulas will continue to be governed until the decree referred to in the following article is issued. Notwithstanding the above, users must be paid or charged, the differences between the actual invoiced and the corresponding invoice in accordance with the new tariffs, for the entire period up to the date of publication of the new decree. The adjustments that are derived from the above, will be calculated considering the variation that the Consumer Price Index experiences to the date of publication of the new values. In any event, it is understood that the new securities will enter into force to count on the expiration of the fees of Decree 14. Article 12.-For the duration of the extended term of Decree 14, in accordance with the provisions of the previous Article, continuity shall be given and the process of determining the annual value of the subtransmission and the additional transmission used by users subject to ongoing price regulation at the time of publication of this law, in accordance with the terms laid down in this Article. The respective decree will have a validity that will run from January 1, 2018 to December 31, 2019. The Commission shall issue a Technical Report defining the annual value of the zonal transmission systems and the proportion of the dedicated transmission which users subject to price regulation make use of, as well as their respective indexation formulas, which will serve as the basis for the dictates of the respective supreme decree. This report shall contain: i. The identification of their owners or operators; ii. Efficient valorization by zonal transmission system resulting from the sum of the annuity of the value of the investment and the costs of operation, maintenance and administration, separated by each owner or oper er; iii. Efficient valorization by dedicated system resulting from the sum of the annuity of the value of the investment and the costs of operation, maintenance and administration, separated by each owner or operator, in the part that the users subject to price fixing make use of these facilities; and iv. The determination of the indexation formulas for the biennial period. For the purposes of determining the recovery of land-related rights, such as land acquisition rights, land use, use and enjoyment, expenses and compensation paid for the establishment of voluntary easements or forced, used by zonal transmission facilities, will be considered the value assigned in the Technical Definitive Report for the Determination of the Annual Value of Subtransmission Systems for the 2011-2014 Cuadriennium, which served as a basis for the Decree 14. In order to issue the Technical Report referred to above, the following must be complied with: (a) The Commission shall immediately require, after the publication of this law, that the zonal transmission undertakings update and/or supplement the list (a) in the case of a non-compliance with the conditions laid down in the Commission's decision of 31 December 2015, in accordance with the format and conditions laid down in Commission Decision No 93 of 2014. Zonal transmission companies will have until 30 September 2016 to send the required information. In those cases where the facilities are not submitted to the Commission in time and form, they shall not be considered in the determination of the annual value of the zonal transmission systems, for the tariff period 2018-2019. They shall form part of the list of facilities mentioned above, the power lines and substations contained in the Supreme Decree No 163/2014, of the Ministry of Energy, promulgated and published in 2014, in accordance with the provisions of the Decree 23 T, plus those other facilities which were accepted as belonging to the subtransmission system, by the corresponding CDEC and which are in operation as at 31 December 2015. In addition, they will be incorporated into the inventory, dedicated facilities that are used by users subject to price regulation and which are in operation by December 31, 2015. Such information is to be delivered on the same terms as above; b) The Commission within three months shall review and, if appropriate, correct the information supplied by the undertakings which own or operate the Zonal transmission and dedicated facilities, as appropriate, may require additional clarifications and/or background to the companies, which must be delivered by the Commission within a time limit to be determined by the Commission. The Commission shall establish in the Technical Report the inventory and recovery of the zonal and dedicated transmission facilities used by users subject to price regulation, which shall serve as a basis for the decree of the decree. (c) Once the period laid down in the preceding subparagraph has expired, the highest rates of the zonal transmission and dedicated transmission systems used by users subject to price regulation and their indexation formulae shall be fixed; Commission will issue a preliminary Technical Report, which should be published on its website and communicated to the owners or operators of zonal transmission and dedicated transmission, participants, users and institutions interested in electronic mail, who will have a period of ten days counted from the aforementioned (d) The deadline for submitting comments to the Preliminary Technical Report shall be concluded and within 20 days the Commission shall issue a Final Technical Report accepting or rejecting the comments raised, which must be communicated to the Zonal and dedicated transmission companies, participants, users and institutions interested in electronic mail and published on their website; and) Within ten days of the communication of the Technical Report Final, the owners or operators of zonal transmission and dedicated transmission, participants, users and interested institutions will be able to present their discrepancies to the Panel of Experts, which will deliver their opinion within a maximum period of thirty days counted from the conduct of the public hearing. For these purposes, it shall be understood that there is a discrepancy likely to be submitted for the opinion of the Panel of Experts, if any person who has made comments to the Preliminary Technical Report persevere in them, after the rejection of them. on the part of the Commission, as well as, if those who have not commented on the Preliminary Technical Report, consider that their content should be maintained, should they have been amended in the Final Technical Report; (f) Within 20 days following the date of the opinion of the Panel of Experts or three days after the deadline to submit discrepancies, where appropriate, the Commission shall forward to the Ministry of Energy the Technical Definitive Report with the matters referred to in the third subparagraph of this Article for the respective biennium, its antecedents and incorporating the the opinion of the Panel of Experts, if appropriate; (g) Within twenty days of receipt of the records referred to in the preceding literal, the Minister of Energy shall set the annual value per section of the facilities and the zonal transmission rates. and dedicated transmission used by users subject to price regulation and their (i) the conditions for the application of the rules of procedure laid down in the Official Journal of the European Communities for the purposes of the publication in the Official Journal of the European Communities; (i) For the purposes of the remuneration of the facilities which are in operation between 1 January and 31 December, the provisions of this Law shall be governed by the provisions laid down in this Law, and (i) for the purposes of the remuneration of the installations which are in operation between 1 January and 31 December. October 2016, such as those that under ongoing expansions see their use modified, they must be assigned by the Commission in a transitional manner in accordance with the provisions of the final paragraph of Article 102 ° and on the basis of the background and methodologies contained in the Definitive Technical Report referred to in point (f) above. The Ministry of Energy, after the Commission's report, shall determine by decree issued under the formula "by order of the President of the Republic", the A.V.I. and C.O.M.A. to pay, which shall only apply until the entry into force of the following a decree for the recovery of the relevant transmission. Article 13.-At the latest by 31 October 2016, the zonal transmission undertakings shall submit to the Commission a payroll of the works under construction and an expansion proposal, which shall contain the works concerned. necessary for the supply of the demand and whose start of construction is planned until 31 December 2018. The Commission shall, after a report by the respective CDEC or the Coordinator where appropriate, review all the payrolls and proposals submitted and shall define by means of a resolution exempt the mandatory execution-transmission facilities necessary for the supply of demand, whether or not contained in the payrolls and proposals submitted, including the description of the payrolls, their A.V.I. and C.O.M.A., time of entry into operation and undertaking responsible for their execution. The Commission in the review and definition of such facilities shall consider the criteria set out in points (a), (b), (c) and (d) of Article 87 (2), except as regards the different energy scenarios defined by the Ministry. The process of review and definition of the mandatory execution zonal transmission facilities provided for in this Article shall include the necessary holgurings or redundancies to incorporate the criteria mentioned in the literals. (a) the provisions of Article 87 (3) (b) of the Treaty shall be deemed to be the same as those referred to in Article 87. The Commission shall, within a period of 90 days following the delivery of the report by the CDEC or the Coordinator, define by means of a resolution exempt the preliminary list of mandatory execution zonal transmission facilities for each the system, which will be communicated via e-mail and through the publication on its website, to the companies that presented payroll and expansion proposals to be observed by them within ten days. Once the observations have been received, the Commission within 30 days shall issue the exempt decision approving the final listing of the mandatory execution zonal transmission facilities, which may be dissented to the Panel of Experts within a period of 15 days who shall deliver their opinion within 30 days from the respective public hearing. For these purposes, it shall be understood that there is a discrepancy likely to be submitted to the Panel's opinion, if any person who has made comments to the exempt resolution approving the preliminary list of installations shall carry out after the Commission has rejected them, and, if the Commission has not made any comments, it considers that its content should be maintained, if the final list of installations has been amended. The Commission shall issue the exempt decision approving the definitive list of mandatory execution-time transmission facilities within three days of the date of entry into force. (i) the time limit for the submission of discrepancies in the event that such discrepancies are not presented, or within 15 days of notification of the opinion of the Panel of Experts, for which case they have been submitted. This resolution shall be forwarded to the Ministry of Energy, which shall, within 10 days of receipt of the information, set the list of compulsory execution-transmission facilities by means of a supreme decree issued under the formula 'by order of the President of the Republic', which shall be published in the Official Journal. The works contained in the said decree must contain at least their individualization and characteristics, the undertaking responsible for its execution, the period in which its construction must begin, where appropriate, which may not be later than the December 31, 2018, and the deadline for execution and entry and operation of the respective work. The new works and extensions contained in the Decree mentioned above will be tendered by the Coordinator, and their remuneration will be governed according to the rules contained in this law. The other works contained in the aforementioned decree shall be remunerated as existing works of zonal transmission, since they enter into operation as referred to in Article 102 °. For these purposes, the Commission will make its assessment on the basis of the background and methodology contained in the Definitive Technical Report on the Subtransmission and Zonal Valorization Decree, which is in force at the time of the entry into operation of the work. The Ministry of Energy, after the Commission's report, will determine by decree issued under the formula by order of the President of the Republic, the A.V.I. and C.O.M.A. to remunerate, which will only apply until the entry into force of the following decree for the recovery of the relevant transmission. Undertakings which fail to comply with the obligation referred to in this Article shall lose the right to execute and exploit the works and installations which have been assigned to them in the respective decree, which shall be tendered by the Coordinator. Article 14.-For the period between the entry into force of this Law and 31 December 2019, the costs associated with the supervision referred to in the fourth paragraph of Article 95 ° for the facilities of the System of National Transmission, will be understood as covered in the Annual Value of the Troncal Transmission contained in the supreme decree N ° 23 T, of the Ministry of Energy, promulgated the year 2015 and published the year 2016. Article 15.-The Commission shall initiate the process of recovery of the transmission systems referred to in Article 105 ° on the first working day of January 2018. The discount rate to be used in the process of recovery of transmission systems for the four-year period 2020-2024, shall not be less than seven per cent and not more than ten per cent. Article 16-The procedures referred to in Article 10 of the Supreme Decree No. 291, of the Ministry of Economy, Development and Reconstruction, enacted in 2007 and published in 2008, which at the date of publication of the present The Commission's favourable report will continue to be in force in all cases which do not contradict the current rules of law and the matters contained therein are not dealt with in the technical rules referred to in the Article 72 ° -19 or in the Internal Procedures of the Coordinator as set out in Article 72 ° -4, corresponds. Article 17-For the purpose of initiating the first process of qualification of transmission facilities and the first process of calculating the discount rate referred to in Articles 100 ° and 119 ° respectively, the time limit indicated in those articles for the initiation of the respective processes shall be counted from 1 January 2018. Article eighteenth.-Additional services being provided to the date of publication of this law, shall continue to be provided and remunerated in accordance with the rules that this law repeals, until 31 December 2019. Article 19.-As from the validity of this law and until 31 December 2019, the compensation for unavailability of supply referred to in Article 72 ° -20 shall be governed by the provisions of Article 16 B of the Treaty. Law N ° 18.410, which creates the Superintendence of Electricity and Fuels. From 1 January 2020 until the year 2023, the compensation to end users subject to price regulation referred to in Article 72 ° -20 shall correspond to the equivalent of the energy not supplied during the failure or event, The value of the energy tariff in force in that period is 10 times the value. In the case of users not subject to price fixing, the compensation shall correspond to the equivalent of the energy not supplied during that event, valued at 10 times the energy component of the average market price established in the definitive technical report of the short-term price of the short-term knot in force during that event. The maximum amounts defined in Article 72 (20) shall be applied to the compensation provided for in this Article and paid from 1 January 2020 until 2023. Article 20.-Within a period of one year from the date of publication of this law in the Official Journal, regulations laying down the provisions necessary for its implementation shall be issued. As long as the regulations do not enter into force, those provisions shall be subject to the time limits, requirements and conditions to the provisions of this law and to those laid down by resolution exempt from the Commission. The resolution exempted from the foregoing paragraph shall be valid for a maximum of eighteen months after the publication of this law in the Official Journal. If an extension is required as soon as the regulation to be viewed on the same content is in the process, it must be approved by exempt resolution, expressly stating the grounds that merit the extension and its time limit. Article twenty-first.-Companies that operate existing transmission facilities at the time of the entry into force of this law, must present to the Coordinator the background and information that will serve as the basis for the records referred to in Article 72 (8) (a) and (j) within nine months of its publication in the Official Journal, in accordance with the instructions given by the National Energy Commission. Existing transmission facilities whose antecedents are not submitted to the Coordinator within the time limit indicated above shall not be considered in the first charging process referred to in Chapter IV of Title III of this Law. Without prejudice to the foregoing, once the information referred to in the preceding paragraph and recorded by the facilities has been submitted, they shall be considered in the following charging processes. The delivery of information and a history associated with the individualisation and recovery of the rights related to the use of soil from existing zonal transmission facilities to the plant shall be exempted from the provisions of this Article. the entry into force of this law, in respect of which the value actually paid or without the respective title is not recorded, which shall be subject to the recovery procedure laid down in the transitional third article. Article twenty-second.-For the purposes of the performance of the charging processes referred to in Chapter IV of Title III of this Law, the valorization of the rights related to the use of soil, such as those relating to acquisition of grounds, their use and enjoyment, voluntary or forced easements, among others, shall consider the following: a. With respect to the trunk transmission facilities existing at March 13, 2004, the value of this concept is considered to be incorporated in the valorization of the facilities, used by the Peajes Directorate of the respective CDEC in its reports in force on 6 May 2002; b. In respect of those transmission facilities which have been in operation until 31 December 2013, not included in the preceding literal, the value assigned in the Technical Report for the Determination of Value shall be considered as Annual and Expansion of the Trunk Transmission System 2016-2019, approved by resolution exempt N ° 616, of 24 November 2015, of the National Energy Commission, which served as a basis for the dictation of Decree No. 23 T, of the Ministry of Energy, enacted in 2015 and published the year 2016, which fixes installations of the Trunk transmission, the area of common influence, the annual value of transmission by stretch and its components with its indexing formulas for the quadrilenium 2016-2019. c. With regard to those national transmission facilities, which entered into operation on 1 January 2014, they shall be valorised in accordance with the provisions of Article 103 (5). The valuation of these rights will be updated according to the variation experienced by the Consumer Price Index. Article twenty-third.-The owners or those who exploit the subtransmission facilities considered for the base year included in the Definitive Technical Report for the Determination of the Annual Value of the Subtransmission Systems Cuadrienio 2011-2014, which served as a basis for the decision of Decree No. 14 of the Ministry of Energy, enacted in 2012 and published the year 2013, which sets rates for subtransmission and additional transmission systems and their indexing formulas for The four-year period 2011-2014 may be eligible for the following recovery alternatives for land use rights, such as land acquisition, use and enjoyment, voluntary or forced easements, between Other: 1. To be welcomed to the recognition of 65% of the value contained in the Technical Report, expressed in pesos at 31 December of the base year, adjusted by the Consumer Price Index. 2. points out in the third and following points. The choice of the valorisation alternative chosen by the submissive undertakings shall cover the whole of the premises of the respective undertaking, referred to in the first subparagraph and communicated to the Commission, by the legal representative. of the same, within thirty days of the publication of this law. Where such communication is not carried out within the time limit, the subtransmission facilities shall be valued in accordance with the general procedure referred to in the preceding number 2. For its part, for the case of subtransmission facilities existing at the date of publication of this law, not included in the first subparagraph, in respect of which the value actually paid by way of rights of use is not recorded the companies must submit to the Superintendency within the six-month period from the date of publication of this law, an application for recovery with an indication of the year of incorporation, the georeferenced coordinates of the polygon associated with such land, and other antecedents in accordance with the terms of the administrative act which the Superintendence dictates for these purposes. In the cases mentioned in the preceding paragraph, the recovery of the rights related to the use of land will be determined by one or more task commissions designated by the Superintendence according to article 63 ° of the law. The value of the valuation fees shall be made in accordance with the value of the land corresponding to the date of entry into operation of the respective installation. The commissions shall consider the antecedents provided by the respective companies, the Superintendence, the Commission and others which they consider necessary for the proper performance of their duties, and may make visits to such effects. The terms and conditions of the actions of the Tasers will be defined by administrative act dictated by the Superintendence. Within a period of 15 days following the notification of the resolution of the Tasadora Commission, the Superintendence shall forward the respective records to the Coordinator for the purposes of recording the information as set out in the point (j) of Article 72 (8) of this Law. The definition of the area to be valorized shall be determined by the Coordinator, according to the least amount of space between the area indicated in the title in which the right to use the soil is established, in cases where the there is, or the one that results from the application of the safety standard that for such effects dictates the Superintendence. If the title does not exist or the surface is not specified in it, it shall be used which results from the application of the aforementioned standard. In any event, undertakings may apply for sound reasons to be considered for the purposes of their recovery, all or part of the area covered by the title of the establishment of the respective land use right, where such the surface is greater than that contained in the aforementioned safety standard and is previously authorized by the Superintendence for reasons of greater security of the system, or in addition, when it is not possible to acquire or to use land on minor areas, subject to the provisions of the final paragraph of Article 69 °. The costs associated with the recovery procedure described in this Article shall be borne by the respective submissive undertakings. The other conditions, stages and deadlines for the proper implementation of this Article shall be laid down by administrative act dictated by the Superintendence. Article vigesimuarto.-Within one hundred and twenty days since the publication of this law, the owners, tenants, users, or those who exploit any title the facilities of the dedicated system must submit a copy of the existing contracts for the use of the transmission facilities dedicated to the Commission, the Superintendence and the respective CDEC. Article twenty-fifth.-The system of collection, payment and remuneration of national transmission shall be governed, as appropriate, by the following rules from the entry into force of this Law until 31 December 2034: A. installations of the national transmission system whose date of entry into operation as indicated in the respective expansion decrees after 31 December 2018 and the facilities associated with the SIC-SING interconnection shall be fully paid by the final customers, through the sole charge referred to in Article 115 of this Law. B. In the period between the entry into force of this Law and 31 December 2018, the rules which this law repeals in relation to the collection, payment and remuneration arrangements shall apply in full. C. injections of generating plants as from 1 January 2019 shall be governed by the permanent rules contained in this law, with the exception of the payment of transmission tolls, except for the injections indicated in the The following literal D. During the period between January 1, 2019 and December 31, 2034, payments for the national transmission system by the generating companies for their injections and withdrawals associated with supply contracts for free or regulated customers, concluded prior to the entry into force of this law, will apply the same general rules of calculation of the payment of the trunk transmission that this law repeals, with the following adjustments: i. The expected tariff revenues will be valued equal to zero. ii. For their part, the actual tariff revenues of the tranches of the national transmission system will be discounted from the respective V.A.T.T., thus establishing the monthly toll equivalent to charging on each of the sections of the system. iii. Toll payments will be maintained based on the calculation of expected stakes, with the adjustments noted in this article. Such calculation for each year of the period from 1 January 2019 to 31 December 2034 shall be carried out annually by the Coordinator for all injections and all withdrawals, in the case of those prorats on the V.A.T.T. each tranche, discounting in its monthly equivalent payment the monthly real tariff income as appropriate. iv. The Coordinator shall send to the Commission, before 30 November of each year, from 2018, the monthly pro-rats on expected use assignable to injections and withdrawals. v. For the determination of the monthly toll, regardless of the settlements associated with the instantaneous transfers between generating companies, the actual tariff income of the second month before which it is applied shall be used. Such tariff revenue shall be available no later than the first day of the preceding month. For such purposes, the actual tariff income of January 2019 shall be determined at the latest during the first half of February of the same year. Additionally, in this period, and only for the first two months of the year 2019, actual tariff revenues will be considered with zero value, using for the March 2019 toll calculation, January's actual tariff income of that year. vi. In the period between 1 January 2019 and 31 December 2034, the allocation referred to in the second subparagraph of Article 114 (a) (iii) shall be considered as the allocation. vii. The calculation of the injection toll shall be carried out in respect of all the plants, which shall be adjusted monthly and for each year of the transitional period for the adjustment factors contained in the following table:. All in all, they will only be obliged to pay the toll, the companies mentioned in the literal D. that inject energy, up to the value resulting from multiplying the toll by injection expected, for the least value that results from comparing one and the quotient between the expected withdrawal energy and the expected injected energy, from the contracts identified. viii. The charges referred to in the first and second subparagraphs of Article 102 (a) shall be deleted. ix. Two groups of final customers will be distinguished: 1. Customers free of generating companies, individualised by means of resolution exempted from the Commission, whose annual average contracted energy is greater than or equal to 4,500 MWh. 2. Other customers, free or regulated. For the individual customers in numeral 1, an individual pro rata shall be considered, and their toll payment shall be determined, as follows: (a) The sum of the individual pro-rata, applied on the reduction of the payment of the generators The following table shall be indicated in the following table: (b) The application of the payment methodology for withdrawals that this law repeals on the appropriate facilities, considering that the shares in the SIC associated with the withdrawals of the SING, are equal to zero and in turn, to the facilities that corresponds, considering that the shares in the SING associated with withdrawals from the SIC are equal to zero. c) The only applicable charges of the new transmission works was born the date of entry into operation indicated in the respective expansion decrees after 31 December 2018 and the facilities associated with the SIC-SING interconnection. For the clients mentioned in the numeral 2, a toll payment will be determined through a single charge, according to the following: a) Their proportion, on the reduction of payment of the generators indicated in this article, according to the following table:. (b) The application of the payment methodology for withdrawals that this law repeals on the appropriate facilities. (c) the applicable single charges for the new national transmission works whose date of entry into operation indicated in the respective expansion decrees is later than 31 December 2018 and the facilities associated with the interconnection SIC-SING. x. The exemptions from toll payments associated with the companies referred to in point C. of this article, as well as the exemption of tolls for non-conventional renewable generation media plants that this law repeals, will be taken in full by final consumers. xi. The facilities of the troncal transmission system that are associated with the SIC-SING interconnection individualized in the supreme decree Nº 23 T, enacted in 2015 and published the year 2016, and in the decree exempt No. 158, promulgated and published the year 2015, both of the Ministry of Energy, shall be identified and incorporated in a resolution exempt from the Commission. xii. The provisions of Article 101 (5) of this Law shall not apply. E. For the period from 1 January 2019 to 31 December 2034, the owners of the generating plants may be subject to a mechanism for lowering the injection toll in proportion to the energy contracted with their own resources. final, free or regulated customers. The mechanism should consider the following: i. Generating, distributing and free customers who have supply contracts in force at the time of publication of this law may choose to make a modification to such contracts, which is intended to discount the amount of the contract. for the use of the national transmission system incorporated in the price of the respective supply contract, in such a way as to be able to access the reduction in the payment of the transmission associated with the volume of energy contracted. For these purposes, the generating undertaking must discount the price of the respective supply contract for a transmission equivalent charge, CET, which will be determined by the Commission, independently for each contract whose undertaking is request. The methodology for determining that charge shall be contained in a resolution exempted from the Commission's decision. Once the Commission determines the value of the CET to be discounted, the company concerned must submit, for the approval of the Commission, the modification of the respective supply contract in which the discount of that amount is materialised. total price of the energy set out in the contract. This contractual amendment must be signed with agreement from both parties. The exemption from the payment of injection tolls resulting from the provisions of the preceding paragraph will modify the individual pro-rats of the customers who subscribe to these agreements, who will become part of the final customer group. indicated in the number 2, in accordance with the proportion of energy considered in those agreements. Therefore, the proportion of their individual pro rata should be added to the percentages indicated in the preceding "Non-Individual Customers Table". ii. The period of two years shall be set at the time of the publication of this law, so that the undertakings may exercise the power of this literal. Without prejudice to the foregoing, the change of payment scheme shall be applied in a common manner as from 1 January 2019. Article twenty-sixth.-The provisions of the third and the following points of article 158 ° of the General Law of Electrical Services shall apply to all contracts in force as from the publication of this law. Article twenty-seventh.-Increase the allocation in the Public Sector Budget law of the year 2016 in 25 quotas, according to the following distribution: (a) Under-Secretary of Energy, in 9 quotas; (b) National Energy Commission, in 8 quotas, and c) Superintendence of Electricity and Fuels, in 8 quotas. Article twenty-eighth.-The greatest expense that the application of this law represents during the first financial year of entry into force will be financed from the budget of the Ministry of Energy, and in what will be lacking the Ministry of Finance may be supplemented by the budget heading of the Treasury. Article twenty-ninth.-The President of the Republic shall be empowered to, within a period of one year since the publication of this law, by means of one or more decrees with force of law issued through the Ministry of Energy, enter the Decree No 4, 2006, of the Ministry of Economy, Development and Reconstruction, General Law of Electrical Services, the adjustments of references, denominations, expressions and numerations, which are obtained as a result of the provisions of this law. This faculty will be limited exclusively to making the adjustments that allow the harmonic understanding of the legal norms contained in the decree with force of law Nº4, 2006, referred to with the provisions of this law, and will not be able to incorporate changes other than those arising out of this law. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, July 11, 2016.-MICHELLE BACHELET, President of the Republic.-Maximo Pacheco Matte, Minister of Energy.-Rodrigo Valdes Pulido, Minister of Finance. What I transcribe to you for your knowledge.-Saluda Atté. to you. Jimena Jara Quilodran, Undersecretary of Energy.