It Perfects The System Of Procurement Of Supply Ela Electrical For Customers Subject To Price Regulations

Original Language Title: PERFECCIONA EL SISTEMA DE LICITACIONES DE SUMINISTRO ELÉCTRICO PARA CLIENTES SUJETOS A REGULACIONES DE PRECIOS

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"Sole article.-Introducense the following modifications in the General electrical services law, Decree Law Nº 1 of 1982, the Ministry of mines, the revised, coordinated and streamlined text was set by the decree with force of law No. 4/20.018, 2006, the Ministry of economy, development and reconstruction:" 1) disposed in the subparagraph first article 108 ° "" , the phrase ", with two years of difference with respect to the calculation of the added values of distribution established in this law and the regulations".

(2) replace the article 131 ° by the following: 'article 131.-distribution public service concessionaires must have permanently from power that allows them to meet the total consumption of its customers subject to price regulation. For these purposes, those must have supply contracts, which must be the result of public bidding processes. These processes may not include consumption of customers not subject to price regulation, as also may include later in the execution of the resulting contracts.
The Commission should design, coordinate and manage the realization of such bidding processes, whose purpose will be to that distribution concessionaires have long-term supply contracts to satisfy the consumption of its customers subject to price regulation, at least five years to the date of commencement of the provision of.
The distribution concessionaires companies clamp to provisions of the respective basis and as required by the Commission for the completion of the bidding processes, in accordance with the provisions of subparagraphs quarter and end of this article.
The administrative and management aspects that have the respective bases will be responsibility of the distribution concessionaires bidders, as well as all costs necessary for the development of the bidding process.
Public contracts referred to in this article shall comply with the principles of non-arbitrary discrimination, transparency and strict subjection to the bidding rules. The information contained in the tenders of the proponents will be in the public domain through an electronic medium.
The concessionaires of public distribution service must monitor and projecting their future demand permanently, and must inform the Commission, justified as, every six months detailed and documented, the projections of demand, supply to contract requirements and assumptions and methodologies used in accordance with the format and content that defines the Commission. The breach of the obligation established in this subsection, as well as the delivery of erroneous, incomplete or elaborate information based on no reliable history, will result in penalties according to the law No. 18.410, in particular the provisions of articles 15 and following, and in the other provisions laying down the law. "."

(3) add, then Article 131, the following article 131 bis: "article 131 ° bis.-corresponds to the Commission annually, and in accordance with the objectives of economic efficiency, competition, safety and diversification established by law for the electric system, determine invitations to tender of delivery necessary to supply, at the lowest cost supply, consumption of customers subject to price regulation" on the basis of the information provided by the concessionaires of public service of distribution referred to in the preceding article. For the purposes of the provisions of this subsection, the obligation which establishes the first subparagraph of article 150 bis means diversification.
The regulation shall establish one or more periods in the year first make the bidding processes, in accordance with the provisions of paragraph of article 132. "."

(4) add, then Article 131 bis, new, the following article 131 ° ter: "article 131 ter-o tender processes will begin with a preliminary report of tenders founded the Commission, which will be published by electronic means, containing technical aspects of the analysis of the projections of demand of the concessionaires of distribution subject to the requirement of tender , the situation expected with respect to the potential supply of electric power in the relevant period and, if any, the special conditions of the tender. The concessionaires of distribution, generating companies and institutions and interested users, i.e. any natural or legal person that may have a direct interest or eventually in the bidding process, registered in the corresponding register, may make comments of a technical nature to the report in a period not exceeding fifteen days from its publication and in accordance with the formats , requirements, conditions and mechanisms of advertising and registration established the regulations.
The Commission must be founded respond all technical observations that are made to the report, in a period not exceeding thirty days. The Commission shall notify the report by electronic means, which shall contain the relevant modifications product of the observations that have been accepted.
Within the period of fifteen days, counted from the notification referred to in the preceding paragraph, may be submitted to the opinion of the expert panel discrepancies that occur in relation to the demand projections contained in the report, which must resolve in accordance with the provisions of article 211 °.
The final report will also include a projection of the bidding processes of supply should be made within the next four years. "."

(5) replace the article 132 ° by the following: "article 132.-once the report referred to in the preceding article, the Commission shall have the call for tenders which correspond, in case of determining the need for it. For this purpose, the Commission shall draw up the bid bases. Once prepared the bidding rules, the Commission shall transmit them through electronic media to the distribution concessionaires bidders, which may make observations to them in the terms and conditions established the regulations. These bases will be adopted by the Commission through exempt resolution, which shall be published on the Commission's web site.
The Commission shall establish on the basis of the conditions of the tender, which shall specify, at least, the amount of energy to tender, supply blocks required for this purpose; the period of supply which should cover the offer, which may not exceed twenty years; points in the electrical system which shall be the supply; the conditions, criteria and methodologies that will be used to carry out the economic evaluation of tenders, for the purposes of the award referred to in article 134, and a contract type of energy supply for public distribution service to referred first of article 7 of the law, which will govern relations between the concessionaire of distribution and the respective generating company.
The bidding rules may be packed together in the same process the requirements of different supply distribution concessionaires. "."

6) amending article 133 in the following sense: to) in the second paragraph: i) replaced the expression "in addition to the report", by the phrase "in addition to the background required for credit clearance certificates, such as a report".
(ii) delete the phrase "to be submitted the offeror, which must not be older than 12 months from the date of filing of the same on the bidding process".

(b) replace the third subparagraph by the following: "other conditions of tenders will be established in the regulations.".

(c) replace the fourth subparagraph by the following: "the offeror will present an offer to supply indicating the price of energy on the point of offering appropriate, according to the bases. The regulation shall establish the form of determining the price at different points of purchase from the energy price offered at the point of supply. "."

(d) delete the seventh paragraph.

(e) add the following final paragraph: "In any case, the total energy that must be checked by the supplier to a distributor shall be energy effectively sued for in the billing period.".

(7) replace article 134 ° by the following: 'article 134.-distribution concessionary companies must award the bid to the lowest offers, according to the conditions established in the bidding for evaluation rules, and must communicate to the Commission the evaluation and awarding of tenders, for the purposes of its formalization, through the corresponding administrative act. The economic evaluation criteria in the bid bases may be considered the formulas for indexation of offerings throughout the period of supply, as well as criteria that favor the assessment of those offerings that ensure compliance with the objectives referred to in article 131 ° bis.
The contract type supply incorporated in the bidding rules, pursuant to article 132 °, shall be subscribed by the concessionaire of distribution and its supplier, by public deed, prior approval from the Commission through exempt resolution, and a certified copy will be registered in the SVS. In addition, the modifications introduced into contracts must be approved by the Commission.
Type contracts may contain mechanisms of conflict resolution between the parties, such as mediation or arbitration. Different types may be established or kinds of arbitration, with or without a second instance, in view of the duration, amount, volume, location or other characteristics of the contract or the parties.
Supply contracts may contain a mechanism for revision of prices in the event that, for reasons not attributable to the supplier, the costs of capital or operation to the performance of the contract have varied in such a magnitude that results in excessive economic imbalance in the mutual benefits of the contract, with respect to the conditions existing at the time of submission of the offer due to substantial and not transient changes in sectoral or tax legislation. The bases be established percentage or minimum variation to determine the extent that produces economic imbalance. Those regulatory changes that are applicable with general scope to all sectors of economic activity are expressly excluded. The review of pricing mechanism will be activated through a request sent by the supplier, or the concessionaire of distribution, the Commission. Upon receipt of this communication, the Commission will be mentioned to the parties of the contract to an audience. At the hearing the applicant will expose principles and precedents which justify your request. During the same hearing and up to fifteen days after its implementation, the Commission may request a new background, or corrections to the criteria of modification of prices and the new proposed price. Received new background or chosen corrections, the Commission may quote a new hearing in order to agree on the modifications. In case of agreement, the Commission previously verify the compliance with the requirements referred to in this subsection and authorized contractual amendments to which this mechanism gives rise.
In case of disagreement between the Commission and any of the parties to the contract, they may submit their differences to the panel of experts, within the period of fifteen days following the formalization of the disagreement before the Commission, identifying in detail the matters on which there is disagreement. These discrepancies will be resolved by the panel in accordance with the procedure laid down in article 211 within a period of thirty days, counted from the respective presentation.
Consumer associations referred to in law No. 19.496 may participate in the hearing referred to in this article, and may also submit their differences to the panel of experts, within the period of fifteen days from the conclusion of the agreement or disagreement.
The rules shall lay down the necessary requirements to activate and participate in the review of pricing mechanism. "."

(8) replace article 135 ° with the following: "article 135.-each tender the maximum value of the supplies of energy, for each block of supply, will be fixed by the Commission, in an administrative act separate restricted, which will remain hidden until the opening of the respective offers, moment in which the administrative act will lose the character of quiet." However, this maximum value shall be founded and defined under block awarded power supply, supply period, and in consideration of estimates of efficient costs of supply for each case. The regulation will establish administrative procedures that apply to ensure the confidentiality of the maximum value of the deals.
The Commission may bid again supplies declared total or partially deserts, and may consider this situation as one of justified cases to which refers article 135 bis. "."

(9) add, then Article 135, the following article 135 bis: "article 135 ° bis.-in cases duly justified in the final report of the Commission which gives home to the bidding process, such as unanticipated growth of demand, tenders declared totally or partially deserted, among others, will be deployed tender for short term, which may fix, in the respective bidding rules , conditions different from those laid down in articles 131 ° et seq., both for terms of the invitation to tender, as for home time and, or period of delivery of contracts. "."

(10) added, then of the 135 ° bis, new article following article 135th ter: "article 135 º ter-the bidding rules may provide that contracts for the supply of providers that are awarded tenders with new generation projects, contain clauses enabling them to request, founded, delay start of the delivery period or terminate prospectively to the contract if" , for reasons not attributable to the successful bidder, its generation project is delayed or becomes impossible. These clauses may be paid, up to the maximum which is established, which shall not exceed three years from the signing of the contract. Postponement of start of delivery period may not exceed two years.
For these purposes, bids must expressly contemplate the landmarks building deadlines associated with them that shall bind the respective project founded the offer, such as the resolution of environmental qualification, application and obtained the respective electrical concession, proceed as major equipment order, the start of construction and anything else deemed relevant in the process building relevant. The bidding rules should require security or other securities which the offeror shall deliver to ensure the fulfillment of its obligations in relation to the development of the project or to warn the payment laying down the bases for the exercise of the power.
Both the exercise of the power of delaying the start of delivery time as the early finish the contract shall be based on a report by an independent consultant, who will be hired and financed by the interested party. The Commission may authorize or reject founded the postponement of the start of supply or the anticipated term of the contract, as appropriate.
The exercise of the right of postponement or early termination of the contract shall entitle the distribution company to proceed with the collection of guarantees or securities in case matching. The amounts charged by this concept must return to customers subject to price regulation through price fixing referred to in article 158 °, according to the conditions that set the rules.
For purposes of the hiring of an independent consultant, the Commission shall establish a public register of eligible consultants of recognized prestige. The regulation will establish registration features, requirements that must meet the consultants that comprise it and the way to determine their fees. If you exercised the Faculty referred to in this article, the Commission must be a public draw, which must have the presence of the interested parties, to choose the independent consultant to prepare the report from the designated registry.
In the event that the supplier awarded and hired see delayed the interconnection of their project to the electric system, for purposes of the fulfilment of his contract, you must agree to the coordination of the CDEC, sufficing for this sending a communication in writing to the COC and the Commission. In this case, must be necessary withdrawals of power system with the sole purpose of supplying its supply contract, subject to stated in the second paragraph of article 149. "."

(11) add, then Article 135 ter, new, the following article 135 ° c: "article 135 c.-distributors that have contracted supply surplus may agree with other distributors, who belong to the same electrical system, the transfer of such surplus, whereas the differences that may exist between the marginal cost and marginal cost at the point of supply or purchase at the point of the corresponding contract offer. Such transfers shall maintain the essential characteristics of the supply originally hired. These transfers of surplus shall be carried out according to the procedure established the regulations. "."

(12) added, then the article 135 ° c, new, following article 135 ° d:
"Article 135 ° d-in those cases that the Commission envisages, for the following year, consumption effective power of a dealership's public distribution service, destined to supply their customers subject to price regulation, is superior to the supply contract of energy available for such purposes, shall adopt a resolution which directed the implementation of a short-term bid" , in accordance with the rules established in the regulations. In this case, the maximum value of tenders fixed by the Commission for the referral bidding process will be fixed in the bidding rules and may not be less than the energy price component average market, established in the final technical report of the price of knot of short term current at the time of the call, increased by 50%. The period of duration of the contract which is concluded as a result of this tender may not exceed three years.
The resulting contracts related to tender will be subject to a special adjustment of prices, additional mechanism to its indexing formula. For these purposes, the COC will monitor the difference between the energy price component of the prevailing market at the time of the call, and the hourly marginal cost at the point of corresponding offer. This price adjustment mechanism will be activated in the following cases: to) if the hourly marginal cost at the point of supply lies within a price band between a limit of 50% and 70%, below or above, with respect to the energy component of the average price of the market, the price of the contract at the supply point shall be equal to the marginal cost at that point.
(b) if the hourly marginal cost at the point of supply is located above the upper limit or below the lower limit of 70% of the price band, with respect to the energy of the average market price component, the price of the contract at the point of offer shall be equal to the energy price component of market increased or reduced by 70% , as appropriate.

The COC will take an accounting of the differences that occur in the contract price as consequence of the application of the mechanism referred to in paragraph preceding, as the regulation determined.
Semiannually, the COC shall inform the Commission the valuations accounted for according to the previous paragraph total. These differences in valuation is internalize in the calculation of recalculation laid down in the Decree of knot average price.
Without prejudice to the provisions of article 131 °, in the event that for a certain period of invoicing consumption effective power of a dealership's public distribution service, destined to supply their customers subject to price regulation, is exceeding the supply contract of energy available for such purposes, whereas transfers of surplus to that referred to in article 135 ° c previous shall be responsible for withdrawals that are made for the supply of such consumption exceeding the contracted supply to be performed by all the companies of generation of the respective electric system, based on time physical energy injections.
Referrals consumption exceeding the contracted supply will be paid by the concessionaire of distribution to the generating companies that apply, as stated in the preceding paragraph, at a price equivalent to the maximum value between the price of existing short-term knot at the substation near the bar of injection each power generation and the variable cost of operation of this plant used by the COC in the determination of the actual operation of the system, which will apply the factor of expansion of middle of system energy losses. The difference between the marginal cost in the retreat bar and the marginal cost in the bar of injection into the corresponding to this period of time will be added to the previous value last term will apply the factor of expansion of middle of system energy losses. Despite this, when concerned consumption exceed 5% of total supply sued by customers subject to regulation of prices, excess above the percentage will be paid by the companies distributors at a price equivalent to the marginal cost in the retreat bar.
The Commission shall implement the tenders that are required, pursuant to subsection first article 135 ° bis, in order to restore the respective contracts regime and to ensure that the situation of consumption exceeding the contracted supply lasts the shortest possible time.
For purposes of the determination of the price to transfer to regulated customer, the valuations of consumption exceeding the supply contract according to this article shall be considered as if were contracts of companies distributing exceeded consumption. "."

(13) added, in article 146 bis, the following second paragraph: "in addition, once initiated any kind of judgement among parties to a contract of power supply which has been signed by a generating company and a distribution public service concessionaire to supply regulated customers of the respective system, the judge or the arbitrator shall order notification within 24 hours of the filing of the action or recourse to the Superintendency and a" the Commission, which shall be authorized for all legal purposes to intervene at any stage of the trial, pursuant to paragraphs first and second of the article 23 of the code of Civil procedure, whenever it should safeguard the general interest of regulated customers. "."

((14) amending article 147 in the following sense: to) replace, in number 1 of the first subparagraph, the figure "2000" by "5,000".
(b) replace, in number 2 of the first subparagraph, the figure "2000" by "5,000".
(c) Insert the following paragraph second, new, passing the current second paragraph to be third, and the third paragraph to be fourth: "For purposes of the limit referred to in paragraphs 1 and 2 apply, there may be more than one joint associated with a supply of an end user when your indoor installations are electrically interconnected.".

15) amending article 157 in the following way: to) in the second paragraph: i) replaced the expression "of the electrical system", which follows "for all the concessionaires," by the phrase "electrical systems whose installed generating capacity exceeding 200 megawatts".
(ii) be replaced with the phrase 'system dealers' "other dealers".
(iii) replacing the expression "of the electrical system", which follows "to a same Substation", by the word "electric".

(b) replace, in the third paragraph, the phrase "the direction of tolls of the respective CDEC" by "the addresses of tolls of the CDEC respective coordinated". "."