Insert in subparagraph first of article 79 ° " between the expressions "generation" and "connected", the following sentences: "(renovable no convencionales y de las instalaciones de cogeneración eficiente, definidos en las letras aa) and ac) 225 ° article of this law, which are", and replacements sentences ' whose source is non-conventional, such as geothermal, wind, solar, biomass, tidal power, small hydro, co-generation and other similar founded determined by the Commission " , ", the expression"and"."
(2) add, then Article 150, article 150 following bis: "article 150 ° bis.-each electric company making withdrawals of energy from the electrical systems with installed capacity of more than 200 megawatts to commercialize it with distributors or end-users, whether or not they are subject to price regulation, must demonstrate to the direction of tolls of the respective CDEC, to an amount of energy equivalent to 10% of their withdrawals in each calendar year has been injected to any of these systems, by means of renewable generation not conventional, own or hired.
The electric company can also prove compliance with the obligation referred to in subsection first, through injections of non-conventional renewable energy electrical systems made during the calendar year immediately preceding, to the extent that such injections have not been accredited for the fulfilment of the obligation that corresponded to that year.
Any utility that exceeds the percentage designated in subsection first injection of non-conventional renewable energy within the year in which the obligation, must comply with own or contracted power and although it had not made withdrawals, you can agree the transfer of its surplus to another electric company, which may be carried out even among companies of different electrical systems. An authorized copy of the respective agreement shall deliver to the Director of tolls of the respective CDEC so be charged such surpluses in the accreditation that corresponds.
The electric company that not certifying compliance with the obligation referred to in this article to March 1 next to the corresponding calendar year, must pay a fee, whose amount will be 0.4 UTM per megawatt/hour of deficit with respect to its obligation. If within three years of it there again in breach of its obligation, the charge will be 0.6 UTM per megawatt/hour of deficit.
Without limiting the foregoing, any deficit electric company may, with a limit of 50%, delay even in a year the accreditation of the obligation corresponding to the end of a calendar year, provided that you have communicated to the Superintendent before March 1 following the year referred calendar.
The addresses of tolls of the CDEC of greater than 200 megawatts electrical systems must coordinate and carry a single public registry obligations, injections and transfers of non-conventional renewable energy electric company, as well as all the necessary information allowing to demonstrate compliance with the obligations and the application of the provisions contained in this article.
The charges referred to in the fourth paragraph will be allocated to end customers and customers of distributors whose supplies have fulfilled the obligation provided for in subsection first of this article.
The sums of money raised by these charges, shall be distributed in proportion to the energy consumed by the customers referred to in the preceding paragraph during the calendar year in which breached the obligation of paragraph first.
The direction of tolls of the respective CDEC will calculate and will have both the payment of charges that each company must pay for that are intended for customers referred to on the basis of the collected amounts of companies that had failed to meet the obligation, as well as money transfers until there place among them. The Superintendent shall require the direction of tolls and the enterprises concerned the information needed to monitor compliance with the obligations imposed by this subsection.
All disputes arising in the application of the previous paragraph with the direction of tolls of the respective CDEC promoted by electric companies subject to the obligation envisaged in the first subparagraph or for distributors and final customers, will be judged by the panel of experts, the body that must opt for one of the values proposed by those who promote the discrepancy or the referred address meaning that this is formalized in the presentations to be carried out to the panel, in a sealed envelope, within fifteen days of the calculation performed by the direction of tolls. To issue the respective opinion, the Panel hint must adhere to the procedure applicable to the discrepancies referred to in number 11 of article 208 °.
Only for the purpose of the accreditation of the designated obligation in the first subparagraph, shall be recognised also from injections of hydroelectric power stations whose maximum power is equal to or less than 40,000 kilowatts, which will be corrected by a factor proportional to one less the quotient between the excess over 20,000 kilowatts of the maximum power of the plant and 20,000 kilowatts , what is expressed in the following formula: FP = 1 - ((PM-20.000 kw)/20,000 kw) where FP is the aforementioned proportional factor and PM is the maximum for the respective hydroelectric, expressed in kilowatts. "."
(3) delete the fifth subparagraph of article 157.
(((4) Agreganse, in article 225, then of the letter z), the letters aa), ab) and ac): "aa) (non-conventional renewable generation means: those who have any of the following characteristics: 1) those whose source of primary energy is the energy of the biomass, corresponding to that obtained from organic and biodegradable matter, which can be used directly as fuel or converted into other liquid biofuels" solid or gaseous. The biodegradable fraction of waste household and non household shall be included.
(2) those whose primary energy source is hydro-electric power and whose maximum power is less than 20,000 kilowatts.
(3) those whose primary energy source is geothermal energy, understanding by this which is obtained from the natural heat of the Earth's interior.
(4) those whose primary energy source is solar energy, from solar radiation.
(5) those whose primary energy source is wind, power corresponding to the kinetic energy of the wind.
(6) those whose source of primary energy is the energy of seas, corresponding to all forms of mechanical energy produced by the movement of the tides, waves and currents, as well as that obtained from the thermal gradient of the seas.
(7) other means of generation founded determined by the Commission, which use renewable energy to generate electricity, help diversify sources of energy supply in power systems and cause a low environmental impact, in accordance with the procedures established the regulations.
AB) non-conventional renewable energy: the electricity generated by means of non-conventional renewable generation.
AC) efficient co-generation installation: installation that generates electric power and heat in a process of high energy efficiency with maximum power supplied to the system is less than 20,000 kilowatts and complying with the requirements laid down in the regulation. "."