Procedure For Granting Concessions Ela Electrical

Original Language Title: PROCEDIMIENTO PARA OTORGAR CONCESIONES ELÉCTRICAS

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Incorporated in article 11 ° the following second paragraph " : "The granting of concessions shall not relieve the concessionaire from compliance with all laws and regulations relevant standards, in particular which regulate environmental matters.".

2) amending article 19 in the following sense: to) replaced the d) with the following: "d) in the case of lines of transmission and distribution, a path and the strip of adjacent security, both preliminary and preliminary location of substations, with an indication of the area which is deemed necessary to carry out studies and measurements, whose vertices are plotted using UTM coordinates" indicating the spindle used for these purposes. The application shall contain the precise mention of the regions, provinces and communes in which shall be carried out studies and measurements and indicate those locations, referred to in the last census, which are within the area. The request must include a map in which stands out the preliminary requested concession area. "."
((b) replace, in the literal and), the conjunction disjunctive "or" between the terms "sections" and "for its total completion", by the coordinating conjunction "and".
(c) Agreganse the following second and third subparagraphs new: "the Superintendent will have within fifteen days, counted from the filing of the application for granting provisional, to review the history presented by the applicant, which will only on the basis of the requirements laid down in the preceding paragraph. Meet the above standards, the Superintendency will declare admissible request, posting on their Web site the full text thereof, with an indication of its date of presentation.
If revision history the Superintendent pointed out the breach of any of the above requirements, it shall communicate this situation the applicant. This communication will outline the background that have been omitted or which require to be complemented. The applicant must accompany them or supplement them within the period of fifteen days, counted from the notification of the above communication, and can request in the office of parts its extension for a further period of seven days, before the expiration of the first. In case that the background may be insufficient or they are not submitted within the relevant time limits, the Superintendency cast off the plane by resolution request, which will put an end to the procedure. Be enough history, the Superintendency will declare admissible the application, posting on their Web site in accordance with stated in the previous paragraph. "."

((3) amending article 20 of the following form: a) replaced first paragraph with the following: "article 20.-within the fifteen days following the Declaration of admissibility referred to in the preceding article, the request for provisional award will be published on behalf of the applicant three consecutive days in a newspaper of national circulation and three consecutive days in a regional newspaper for the territories included in the request for grant. Also, it shall communicate a summary of the application by means of three radio messages that must occur within the period of fifteen days, on different days, by one or more radio stations that transmit or meet in the capital of the provinces indicated in the respective application.
Both the application and included in this map will be published on the website or other medium of the Superintendency and in a prominent place of the affected municipalities. This last effect, the Superintendent should be sent to the Ministry of national property and the respective municipalities, within a period of three days from the Declaration of the admissibility of the application, copy of this and the map of the requested area, which the municipalities should exhibit within the three days following its receipt, for a period of fifteen days in a row. The fact that the Superintendent or the municipalities not carried out earlier publications will not affect the concession procedure but only the responsibility of these bodies. "."
(b) modify the second paragraph, which happened to be third, as follows: i. replace the expression "counted from the date of publication in the official journal" by the phrase "cash since the last publication in a newspaper of national circulation, which may not be later than the latest release in a regional newspaper".
II. Insert, between the comma following the word "stakeholders" and the expression "may", the expression "by Yes or duly represented".
III. replaced the phrase "claims that the affect." by "its observations on the request for grant, which must be based on non-compliance with any of the requirements listed in the preceding article.".
IV. replace the sentence "The Superintendent will put the applicant claims knowledge answer them within a maximum of thirty days." by "The Superintendent will make the applicant knowledge of observations to the answer in a maximum period of thirty days, and must dispose of drawing those various of these allegations.".
(c) replace the final paragraph by the following: "the Superintendent will solve founded about requests for temporary concessions, within a maximum of twenty days counted from the expiry of the deadline in the previous paragraph, prior authorisation of the national direction of frontiers and limits of the State, if applicable according to the provisions of the decrees with force of law N ° 4 , 1967; No. 7, 1968, and no. 83, 1979, all of the Ministry of Foreign Affairs. The resolution issued by the SVS will be reduced to public deed. "."

((4) amended article 21 in the following sense: to) be inserted in the first paragraph, between the comma that follows the terms "Official journal" and the words "is set", the expression "on account of the applicant".
((b) insert in the literal to) of the first paragraph, between the word "provisional" and the semi-colon that follows, the phrase ", which will be counted from the publication of the resolution that gives it".
(c) replace the second paragraph by the following: "the provisional concessions will be granted for a maximum period of two years, extendable for a further period of up to two years." The request for extension must be submitted at least six months before the expiration of the term of the concession which extension is requested, and will be processed as indicated in the preceding article. "."
(d) incorporate the following third, new subparagraph: "if requested enlargement of the area granted a provisional concession, such request will be processed as a new request with respect to the additional area which is intended to affect. (The application must accompany the background related to the area required to occupy, in accordance with the letters c) and (d)) of article 19 preceding, meaning incorporated into her other record considered for the original concession. "."

((5) Introducense the following modifications in the article 22: to) in the second paragraph: i. Insert, between the comma that follows the term "determine" and the expression "when", the phrase "in accordance with the procedure referred to in Title XI of book third of the code of Civil procedure,".
II. replace the word "affected" by the phrase "the affected property owners or other interested parties".
(b) add the following new third subsection: "in certain cases, prior to granting the permission referred to in the first subparagraph, the judge may require the concessionaire, at the request of the owner or other interested parties, delivery of one or more securities to secure the payment of compensation that apply in accordance to the previous paragraph. The decreed measure shall expire together with the expiration of the term of the concession or its extension. "."

((6) amended article 25 follows: to) replaced, in its first paragraph, the expression "the Minister of energy, with a copy to the Superintendent for this" by the phrase "before the Superintendent with a copy to the Ministry of energy to that".
((b) replace, in the second paragraph of the d) of the second paragraph, the comma following the word "referred" by a point followed and replaced the word "but" is followed, by the phrase "without prejudice to the foregoing".
((c) Insert, in the letter e) of the second paragraph, then of the words "in the case", the expression "of hydroelectric power stations", and replaced the term "transport" by the word "transmission".
((d) insert in the letter h) of the second paragraph, between the expression "they will impose" and the semi-colon that follows, the phrase "and, if appropriate, authorized copies of writings or documents showing voluntary land servitudes established in favour of the petitioner".
(e) Agreganse following paragraphs third, fourth and fifth, new:
"The Superintendent will have within fifteen days, counted from the filing of the application, to review the history presented by the applicant, which will only on the basis of the requirements laid down in the preceding paragraph. Meet the above standards, will declare admissible the request through resolution, by posting on their Web site the full text thereof, with an indication of its date of presentation.
If revision history the Superintendent pointed out the breach of any of the above requirements, it shall communicate this situation the applicant. This communication will outline the background that have been omitted or which require to be complemented. The applicant must accompany them or supplement them within the period of fifteen days, counted from the notification of the above communication, and may request its extension for a further period of seven days, before the expiration of the first. Where the background are insufficient or they are not submitted within the relevant time limits, the Superintendency cast off the application for drawing using resolution, which will inform the Ministry of energy, which will put an end to the procedure. Be sufficient background, the Superintendent shall declare admissible request, posting on their Web site in accordance with stated in the previous paragraph.
In those cases in which other laws require the quality of dealer to apply for permits or special permits, means that the applicant referred to in this article has the quality of licensee for the sole purpose of start procedures which correspond to these approvals or permits, and must prove that the respective concession is still pending with the Superintendency. This shall be verified by means of a communication from the Superintendent to the respective agency, at the request of the applicant. "."

(7) replace the article 27th by the following: article 25 "(Artículo 27º.-Declarada la admisibilidad, los planos especiales a que se refiere la letra h) will be put by the applicant, at its expense, in knowledge of the affected property owners." The notification may be effected by a notary or court. In the case of property tax, the Superintendency will directly in knowledge of the Ministry's special flat such national assets.
The notification you must include that the planes were delivered to all those who were notified in accordance with the preceding paragraph.
In the Act of notification or certification, along with the plane, will be an information document prepared by the Superintendency describing mentions that must contain the special plane of the easements, the procedure to submit observations or oppositions within the concession procedure and the name, address and tax unique role of the applicant and of his legal representative.
When notifying people whose individuality or residence is difficult to determine, or that by their number they considerably hinder the practice of diligence, the applicant may have recourse to the competent judge of letters sort notify in accordance with article 54 of the code of Civil procedure.
The applicant must demonstrate the circumstance of having made the notification of the plans covering the easements, referring to the Superintendent copy of the notarial certificate, certification of the judicial receiver carried out by judicial notification or corresponding publications, in case of having practiced the notification, the preceding paragraph in accordance with. "."

(8) incorporated the following article 27 bis: "article 27 bis.-within fifteen days following the Declaration of admissibility of the application of final award, a summary of it will be published on behalf of the applicant, three consecutive days in a newspaper of national circulation and three consecutive days in a regional newspaper for the territories included in the request for grant. The summary shall contain the date of submission of the grant application; the identity of the applicant; the name of the project; the location of the project, with an indication of the (s) region (s), province (s) and town (s) where will be located; (the list of affected premises, containing the information requested in the letter e) of article 25; (and the letters i mentions) and k) of article 25, as appropriate, and the circumstances concerning the application for award information found on the website of the Superintendent or other support.
The applicant shall communicate, in addition, at its expense, a summary of the application, by means of seven radio messages. The summary that communicates shall contain the date of submission of the grant application; the identity of the applicant; the name of the project; the location of the project, with an indication of the (s) region (s), province (s) and town (s) where will be located; the area of grant requested, if applicable, the letter k in accordance with) of article 25; and the circumstance of the concerning the application for award information found on the website of the Superintendency. These messages must be issued within the time limit established by subsection first this article on different days by one or more radio stations that transmit or meet in the capital of the provinces indicated in the respective application. The legal representative of the means of communication, or who designated by him, shall deliver to the applicant a constancy in the broadcast of messages, with indication of the date and time of each issue, playing effectively diffused text and name, frequency, and home of the radio medium. In any case, the last radio message must be issued at least one day before the last publication referred to in subsection first.
The applicant must accompany the request for grant publications made pursuant to subsection first. Similarly, he shall deliver to the Superintendent certificates showing the radio broadcasts.
The Superintendent shall certify the date on which the applicant accredits having the notifications referred to in the preceding article and the publications provided for in this article. "."

(9) add the following article 27th ter: "article 27 ter.-the owners of the affected properties notified in accordance with subsection first of article 27 may be, within the term of thirty days counted from the date of notification, made with the Superintendency observations or oppositions to the grant application. Where had they been notified according to article 54 of the code of Civil procedure, may ask the Superintendent a copy of the special plans concerning the letter h) of article 25, within the period of fifteen days from notification by notices. The Superintendent must make planes available, later within the working day following, counted since they had requested. In such a case, the thirty days period referred to in this subsection be counted since the Superintendent plans to make available who have requested them.
Furthermore, stakeholders may be made with the Superintendency observations or oppositions, within the period of thirty days, counted from the last publication effected pursuant to subsection first in the previous article. For these purposes, from such publication may also request special levels of servitude, as provided in the preceding paragraph. In such a case, the thirty days period referred to in this subsection, be counted since the Superintendent put planes at its disposal.
The applicant may require the Superintendent to certify the expiration of previous deadlines.
Observations can only be based on the erroneous identification of the property affected by the grant or the owner thereof, on the fact that the security Strip covers premises not stated in the grant application as affected by the same or in breach of any of the requirements set out in article 25 °.
Objections must be based on any of the circumstances set out in articles 53 and 54 degrees, must be accompany the background showing them.
Observations or oppositions, showing both the affected property owners or other interested parties that do not comply with stated in previous paragraphs, on the grounds that these must be found and the period within which must be formulated, will be disposed of plane by the Superintendency.
Owners or other interested parties who have made observations or oppositions shall be taken by notified, for all legal purposes, the respective concession application.
For purposes of this chapter, refers interested parties to those outlined in paragraph 2 of article 21 of law No. 19.880. "."

(10) replace the article 28th by the following:
"Article 28.-the SVS will inform the applicant, within the five days following the date of its presentation, comments and oppositions of the owners of the affected properties or other stakeholders, they merge into the grounds indicated in the previous article and that have been submitted within time, so that, at the same time" make their disclaimers or observations to them or make modifications to the project that it deems appropriate within a period of thirty days.
If you require any amendment of the application, the new background will be processed articles 25 et seq. in accordance with.
Once expired the term to respond to all observations or oppositions that have been submitted, the applicant may require the Superintendence to certify this circumstance, date from which the term of this be computed to evacuate its report. ". '

((11) amending article 29 in the following sense: to) replace, in the first paragraph, the expression "maximum of 120 days from the date that the request was made" by "of fifteen days, counted from the date of receipt of the report of the Superintendent" and deleted the final sentence, which reads "the report of the Superintendent shall act on the comments and oppositions that have made those affected by easements.".
(b) replace the second paragraph by the following: "to evacuate their report, the Superintendent will have sixty days from the deadline to respond to all observations or oppositions which have arisen, or the expiration of the deadline for submitting them, if not any, or constancy have been constituted voluntary servitude with regard to all owners of affected sites that have not been reported , as appropriate. Report of the Superintendent shall only act on those comments and oppositions based on grounds set out in this law that have been formulated by the affected property owners or other interested parties within time. "."
(c) Incorporanse the following third, fourth, fifth, sixth and seventh subparagraphs: "(El decreto de otorgamiento, que contendrá las indicaciones de las letras a) and following the article 25º and approval of plans of easements imposed, shall be published on the website of the Ministry of energy in the period of fifteen days from the date of its publication in the official journal and it should be reduced to writable by the dealer before fifteen" days since the last publication.
For projects to establish electric power transmission lines, the applicant may at any time divide granting that request into two or more sections. Notifications practiced prior to the division of the grant application shall be valid for all purposes, provided the path into the premises affected and notified has not changed with regard to this division.
The decree which to rule on each section, designated the concession to which it belongs.
The Decree shall also indicate that, if for any reason, any of the sections may not execute, the removal of facilities that occupy national assets for public use, tax or private land, must be within the period and under the conditions established by the Superintendent.
The division referred to in this article shall not affect in any way the prohibition of fractionation contemplated in the law Nº19.300. "."

(12) add the following article 31 ° bis: "article 31 bis.-difficulties which may arise between two or more holders of electrical concessions, or between these and holders of mining concessions, of concessions of geothermal, exploration permits of groundwater or of rights of use of waters, of administrative concessions or special contracts of operation for the use of substances not subject to mining concession in accordance with article 7 th of the mining code on the occasion of its exercise or on the occasion of their respective duties, they shall be submitted to the decision of an arbitrator referred to in the final paragraph of article 223 of the organic code of courts. In the determination of the coasts to the trial result, the referee judge considered criteria to determine if there has been plausible to litigate, among others, why the existence of projects or works in progress in the area subject to concession, right or permission, or conducting activities directly related to concessions, rights, or permissions granted which are object of the dispute.
In any case, shall not constitute an obstacle to the grant and exercise of concessions or electrical easements the existence of other rights, permits or concessions made on the premises by others. "."

(13) add the following article 34 bis: "article 34 º bis-every time that a summary possession trial referred to in title IV of Book III of the code of Civil procedure, the judge has ordered the suspension or stoppage of the works which are carried out under a power granting, will be suspended the effects of such an order of suspension or suspension of works if dealer recorded in the account of the Court sufficient surety to answer the demolition work or compensation for damage that continue it, he could follow the container on such judgements, in case that this is sentenced by final judgment, as appropriate. For these purposes, within a period of three days from the date of the resolution that decreed the suspension of works, or within a period of three days from the date of the decision referred to in article 565 of the code of Civil procedure, as appropriate, the judge set the amount of the surety referred to before. The suspension of the effects of the order of suspension or suspension of works will take place from the moment that appropriation of the amount of the surety referred in court.
The issues that arise in relation to the amount of the bail set by the judge will be processed as incident, which in any case will not affect the suspension of the order of suspension or suspension of the works if the concessionaire has consigned the bond initially set by the judge. In a case that prompted the report of experts in the handling of the incident, the expenses and fees arising in this case will be on the licensee of the concession or permit, and must designate competent judge expert. However, if the plaintiff has been defeated in the trial, will be sentenced to payment of the designated expert, without prejudice to the payment of other costs that may be condemned as general rules.
If break-down of the incident determined that the amount of the bond is higher initially laid down, the dealer must be given within fifteen working days the difference in court, under penalty of lifting the suspension of the order of suspension. In case that the amount of the bond is less than the originally fixed by the Court, the judge shall make available to the concessionaire the surplus, where applicable, within the period of three days from the respective resolution. "."

(14) replace article 39th by the following: ' article 39.-definitive electric service concessions expire, before going into operation: 1. If the dealer not redujere into public deed the Decree of concession within the period specified in the third paragraph of article 29. "
2. If she is no wrongdoings works within the indicated deadlines and without force majeure or fortuitous case or other causal serious and qualified that exempt from responsibility to the concessionaire, which shall be established by the Superintendent.
3. If they had not run at least two-thirds of the works within the time limits and without force majeure or fortuitous case or other causal serious and qualified that exempt from responsibility to the concessionaire, which shall be established by the Superintendent.
The expiration will be declared by the President of the Republic by Supreme Decree founded.
The Supreme Decree which reject the application for revocation shall be issued by the Minister of energy under the formula "by order of the President of the Republic.".

(15) replace, in the final paragraph of article 54, his final prayer, by the following: "If to become a bonded remain land unused to his natural advantage, shall apply the provisions of the final paragraph of article 69.".

(16) replace article 63rd by the following: "article 63.-If not agreement between the dealer and the owner of the land on the value of these, arises the Superintendent, at the request of the licensee or the owner of the land, shall designate one or more downgraded committees composed of three persons, so, hearing the parties, to practice the valuation of compensation that will be paid to the owner of the servant property. In these appraisals not taken into account, the highest value that can acquire the land for the projected works.
Without limiting the foregoing, the applicant may require the designation of one or more committees downgraded from the expiry of the period to submit observations or oppositions last notified. Downgraded commissions fees will be in charge of dealer and will be established by the Superintendent.
Tasadora Commission for each case designated by the Superintendent, by resolution, shall be composed of three professionals registered in the register referred to in the following article and may not be composed of more than one Member belonging to the centralized or decentralized State administration. Will be up to the Superintendent appoints members by lot in a public procedure, sufficing for this last that the draw is announced five days in advance on the website of the Superintendency. In the same draw should the Superintendent to appoint three alternate members and determine their order of preference, for the case that one of the first not accept the charge.
Who, being appointed assessor finds in any causal inability of those listed in article 63 ° ter must declare it explicitly and disabled form corresponding tasadora Commission. Such declaration shall deliver to the Superintendent within the time specified in the preceding paragraph. In this case, the Superintendent shall appoint, in his replacement, Deputy assessor. "."

(17) incorporated the following article 63 bis: "article 63 bis.-the Superintendent shall keep a register where people interested in integrating downgraded commissions referred to in the foregoing article shall be entered. The registry will be electronic and the names of its members will be published on the Web site of the Superintendency.
The application for registration shall be sent to the Superintendent, in the way established the regulations, must be comply with the following requirements: to) accompany a certification have not been convicted of a crime that deserves punishment disturbing.
(b) certify, by affidavit, the data of your employer or activity that develops, and professional links which they have with any company in the electricity sector.
(c) possess a degree, awarded by a university or professional or technical Institute of the State or recognized by this, as appropriate, or technical training centers, and accredit a minimum three years experience in the public or private sector in total, in the valuation of goods urban or rural roots.

Having complied with the requirements set out above, the Superintendent shall incorporate in the register to the appraiser, without any further formality.
The accreditation of the requirements set out in subparagraphs a) and b) of the present article, shall update annually. "."

(18) incorporate the following article 63rd ter: "article 63 º ter-may not integrate a tasadora Commission those who, at the date of his designation or at any time within the twelve months preceding such date, have or have had interest in the appraisal. It is understood that there is interest of an appraiser all appraisal that is benefited, in any way, (i) himself, his spouse or relatives to the second degree of consanguinity or affinity; (ii) companies or enterprises in which either director or owner, directly or through other natural or legal persons, 10% or more of its capital; (iii) companies or enterprises in which any of the above-mentioned persons is director or owner, directly or indirectly, 10% or more of their capital, and (iv) the controller of the company or its related parties, if the director had not been elected without the votes of that or those.
Also not may form a Committee tasadora those that have a link to labor or provision of services with the concessionaire or the owners of the premises servants who need to evaluate.
The provisions of the second paragraph of article 63 will not be considered causal of conflict of interest.
Where for any reason a new valuation is to be made and the amount of compensation fixed in this is greater than the previous, the concessionaire may not continue with works while it not allocate the difference in accordance with article 66. "."

((19) amending article 64 of the following form: a) the expression "good men" be replaced by "tasadora" voice.
(b) Agreganse the following second and third subparagraphs: "where the tasadora Commission report will not evacuate within twenty days of the last visit to land according to the program approved by the Superintendent, shall apply to each of the members of the Commission that have caused the delay, a fine of ten UTM.
Notwithstanding the fine indicated in the preceding paragraph, in the event that the tasadora Commission fails to deliver its report within time, the dealer or the owner of the land may apply to the Superintendent the appointment of a new Commission. "."

((20) amending article 65 in the following sense: to) replacements expressions "good men" by the word "tasadora" and "stakeholders and affected" by "dealers and owners of the affected properties".
(b) Agreganse the following second and third subparagraphs new: "there is no postal service that allows the delivery of pricing by registered letter, the applicant may entrust the notification of pricing to a notary of the place, who shall certify the fact. If not practice is notification by registered letter, the Superintendency will order the licensee to notify the appraisal through the means of notification laid down in article 27.
Where the assessment can not be put in knowledge of the owners by any of the roads referred to in the preceding subparagraphs, either because it was not possible to determine the residence or individuality of the affected property owners or because your number considerably hinders the practice of diligence, the dealer may attend before the judge of letters competent sort notify in accordance with article 54 of the code of Civil procedure. "."

(21) replace article 66 ° by the following: "Article 66.-the value set by the tasadora Commission, more the twenty per cent of which is article 70 °, will be delivered to the owner and, where it finds is absent or refuses to receive it, will be consigned on the current account of the Court of the respective order of the owner.".

(22) replaced article 67 ° by the following: ' article 67.-Notwithstanding the existence of any pending claim, either the dealer or the owner of the property, display proof of payment or of the entry of the value set by the tasadora Commission will serve as the dealer to obtain the respective letters judge who put it, without further formality, in material possession of the land. "
At the request of the licensee, the judge may impose also the help of the security forces to enforce the Decree of concession, with faculty of entry, Faculty this last of which will be use if there is opposition to the material of the land takeover or for the event be without inhabitants servants grounds, issues that they must be observed by the agent of the security forces carrying out the diligence with which She must be recorded in the record. To proceed according to the provisions of this subsection, the judge shall order that previously be notified to the owner of the servant property, on the ground set forth in the Decree of grant, which will be a copy of the resolution which ordered the relief of the public force, which will contain in addition a reference to that Decree. The notification will be practiced by a judicial receiver or by a notary public, as determined by the judge, as a Minister of faith, and can also be practiced by an official of Carabineros de Chile, in the same quality, and shall be perfected at the time where such copy is delivered to any adult person who is on the grounds. If faith Minister certifies that any adult person who notify is not taking on two different days, just that such copy is deposited in the land, being understood thus effected notification even if the owner of the premises is not in this place or in the place of the seat of the Court. "."

(23) replaced article 68th by the following: 'article 68.-the dealers or the affected property owners may claim the appraised value practiced by the tasadora Commission within a period of thirty days, from the date of its notification.
Since that time, the issues that may arise ventilarán in accordance with the rules laid down in Title XI of the third book of the code of Civil procedure. "."