He Further Developed The Existing Legal Framework In Order To Safeguard The Security Of Supply To Regulated Customers And The Adequacy Of The Systems Commonwealth Electric

Original Language Title: PERFECCIONA EL MARCO LEGAL VIGENTE CON EL OBJETO DE RESGUARDAR LA SEGURIDAD DEL SUMINISTRO A LOS CLIENTES REGULADOS Y LA SUFICIENCIA DE LOS SISTEMAS ELÉCTRICOS

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.
Insert, in subparagraph first of article 25 ° " (, between the word "Reconstruction" and the separate dot (.) that is followed, the phrase ", with a copy to the Superintendent that it exercises its powers in accordance with the following articles", and, in the second paragraph of point (d)) of the third subsection, then of the phrase "governed by the water code", the following text: ", can apply for the grant with the planes of hydraulic works that has been submitted to the Dirección General de Aguas for authorization" "referred to, but the applicant must demonstrate to the Superintendency that is still pending and which shall be attached the level authorized before the issuance of the report referred to in article 29th of this law".

2) amending article 27, of the following form: a) in the first subparagraph: a.1) be inserted between the word "Municipality" and the disjunctive conjunction "or" that is followed by, the expression"notarization".

a.2) added, following the separate dot (.), that happens to be followed dot (.), the following sentence: "Certified notary designated above, must include that concerned easements plans were put in knowledge of the affected.".

(b) replace the third subparagraph by the following: "those affected that have formulated observations or oppositions with regard to the plans referred to in the first subparagraph, shall be taken reported, for all legal purposes, the respective easement request.".

(3) Intercalanse, in the second paragraph of article 133, between the word "subscribe" and the separate dot (.) which followed, the phrases ", such as ballots of warranty granted by the offeror or any warranties granted by one or more parent undertakings of which make up the Consortium if, among others, as well as the report of institutional risk which the Offeror must submit which must not be older than 12 months from the date of filing in the bidding process."

(4) Agreganse, then of article 146, the following articles 146° bis, 146° ter and 146 ° c, new: "article 146 bis.-in all the trials that start in order to put an end to a power supply which has been signed contract between a company that generates and a distribution public service concessionaire to supply regulated customers of the respective system the Superintendent should be part in them, in order to provide all the necessary background to protect the conditions of supply to regulated customers concerned, corresponding to the judge provide that notification to the defendant or coetanea of the Superintendence.

Article 146 º ter-the bankruptcy of a company generating, transmitting or distribution of electricity shall be governed by the following special rules and in matters not provided for therein, by those contained in book IV of the commercial code, entitled "The bankruptcy".

Immediately after presented a petition in bankruptcy of a company generating, transmitting or distributor of electrical energy, the clerk of the Court shall notify it to the Superintendent and to the Commission, within twenty-four hours, in accordance with the provisions of the second paragraph of article 55 of book IV of the commercial code, so the Court to rule on her report listed agencies which should point out if bankruptcy promises or not the objectives referred to in that article 137 ° or the sufficiency of an electrical system. If it engages them, the Superintendency shall propose to the Court the appointment of a provisional administrator from natural or legal persons that are registered in a public register that will keep the Superintendent to do so. The regulation shall establish the requirements and conditions to integrate the public registry refers to which this article, together with the grounds for exclusion of the same. The Court may also request report from the Superintendent of bankruptcy, with regard to matters within its competence.

Find committed the objectives referred to in article 137 or the sufficiency of an electrical system, the resolution declaring bankruptcy ordered the effective continuation of the rotation of the failed, along with appoint the provisional administrator of the assets involved in the effective continuation of the rotation of the failed and fix the remuneration of provisional administrator, which may not exceed 50% average remuneration perceived a general manager of companies of the same rotation , as reported by the Superintendency. As soon assume his post, the provisional administrator must raise an inventory of the assets of the company declared bankruptcy which will be included in the effective continuation of the giro, which is added to the cars once approved by the Superintendent. The above does not preclude the rights that the law grants the Board of creditors and third parties in the field of preparation of inventory and determination of terms of the effective continuity of rotation property. Any discrepancy or opposition concerning the inventory of assets that will be included in the effective spin then it will be resolved by the judge of the bankruptcy pursuant to article 5 of book IV of the commercial code, who shall ensure that goods that are included in the effective of the giro resumed enable the fulfilment of the objectives referred to in article 137 and the receipt of the adequacy of the system , to which the Superintendent and the Commission sent the judge an inventory of assets considered sufficient for this purpose. When the effective continuation of the giro event goods in pledge or mortgage or affects the legal right of retention, suspend the right mortgage, secured creditors and retencionarios to start or continue actions to obtain the realization of covered assets in the effective continuation of the giro, pertaining to the safety of their loans separately.

Provisional administrator of property included in the effective continuation of the giro will have all the attributions of the ordinary giro of the company concerned, pointing to the law or their statutes to the directory and their managers. Furthermore, the trustee will have on the Administration faculties that indicates the article 207 of book IV of the commercial code, without prejudice to the powers conferred to act as administrator of the bankruptcy assets not included in the effective continuation of the giro. Provisions of the final paragraph of article 116 of book IV of the commercial code shall apply to the provisional administrator.

The provisional administrator be liable for slight negligence in the exercise of his office and shall apply disabilities and incompatibilities of the Trustees, as applicable. In addition, he shall cease in office by declaration of the Court, at the request of any interested party, when sobreviniere any of the grounds referred to in numbers 1 to 4 of article 17 or the numerals 1, 2 and 3 of article 24, both of book IV of the commercial code, or had failed to integrate the public registry referred to in this article , or by resignation accepted by the Court.

Any dispute that may arise between the trustee and the provisional administrator, will be resolved by the judge of the bankruptcy incidentally and in single-instance hearing previously to the Superintendent of bankruptcy and the Superintendent of electricity and fuels.

The Interim Administration will be extended by the period that is necessary for the improvement of the alienation referred to in the following paragraphs.

Assets which have been included in the effective continuation of the rotation should be disposed as economic unit, unless creditors who meet more than half of bankruptcy liabilities with right to vote, ask the bankruptcy judge otherwise, and this resolve with audience of the Superintendent and the Commission in order to not compromise the objectives referred to in the second paragraph of this article. This alienation must occur within a term not exceeding eighteen months counted since the judgement declaring the bankruptcy cause enforceable. The alienation of assets as economic unit may be carried out using any of the mechanisms referred to in the articles 122 et seq. of book IV of the commercial code. The mechanism, as well as bases or conditions of such alienation as economic unit, must be agreed by the meeting of creditors with the vote in favour of the creditors who meet most of the liabilities of the bankrupt and, where appropriate, with the favourable vote of the bankrupt and the trustee ask opposition founded according to the provisions of title IX of book IV of the commercial code.
In the event that the property alienated through the mechanism provided for in article 124 and seq. of book IV of the commercial code or through public tender, bases are draw up by the Superintendent, in conjunction with the Commission, which will include the contents indicated in article 125 of book IV of the commercial code, as also the content approved by the meeting of creditors or by the Court , as appropriate, in accordance with the preceding paragraph, and may lay down special conditions to safeguard competition between bidders and continuity of the respective service. Any discrepancy or opposition with respect to the mechanism to carry out the disposal as the economic unit or on bases or conditions of such transfer, shall be resolved by the judge of the bankruptcy pursuant to article 5 of book IV of the code of Commerce, referring to the greater ease and the best result of the alienation, as also , the continuity of the respective service.

In case that it has agreed to dispose of the economic unit through the mechanism established in article 124 of book IV of the commercial code or by public tender, and, despite being offered pursuant to the bases are present not interested, will proceed to offer it again, and may, in such a case, reduce the price up to two-thirds of those fixed. However, if other modifications are introduced to the bases in this second appeal, it must be as provided for in this article. If in a second chance not interested, he will continue the realization of assets in accordance with the relevant rules of book IV of the commercial code.

The provisions of this article shall also apply, to those cases in the bankruptcy of a company generating, transmitting or distribution occurs without be preceded of a petition in bankruptcy, and the judge, in this case, request the report referred to in the second subsection prior to filing for bankruptcy.

Article 146 c-removal, modification, disconnection, or the cessation of operations unless it obeys to failure or scheduled maintenance of generator Park and facilities of the transmission units, should contact in writing both the respective CDEC and the Commission, anticipation that determine the rules, which in any case shall not be less than 24 months in the case of generating units and 12 months for system installations transmission.

However, in certain cases, the Commission may exempt a company's compliance with the indicated deadlines in this article, prior report of the Directorate of operation security of the or of the affected CDEC.

Violations of this article will be sanctioned as serious by the Superintendency according to law Nº 18.410. "."