Modifies The Nº 18.410, Organic Law Of The Superintendency Of Electricity And Fuels, And The Decree With Force Of Law Nº 1 Of 1982, Mining, General Law Service Electric, With The Object Of Strengthening The Regime Of Control Of The Sector

Original Language Title: MODIFICA LA LEY Nº 18.410, ORGANICA DE LA SUPERINTENDENCIA DE ELECTRICIDAD Y COMBUSTIBLES, Y EL DECRETO CON FUERZA DE LEY Nº 1, DE 1982, DE MINERIA, LEY GENERAL DE SERVICIOS ELECTRICOS, CON EL OBJETO DE FORTALECER EL REGIMEN DE FISCALIZACION DEL SECTOR

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(("Article 1.-Introducense the following modifications in the law No. 18.410, which creates the Superintendency of electricity and fuels: 1) amending article 3 of the following way: to) add, at number 13, the following new second paragraph:"The Superintendent shall carry an updated file of the background relating to the electrical concessions, gas and liquid fuels.".
(b) be replaced with the number 14, second paragraph, the following: "machines, instruments, equipment, appliances, apparatus and materials which, in accordance with current regulations, be subject to the certification referred to in the preceding paragraph, may not be marketed in the country without having the respective certificate of approval.
The Superintendent may remove trade, with the help of the security forces, all of the materials or products of any provenance who, being obliged to obtain certificate of approval, are sold in the country without having this.
Approval certificate will give the right to the use of a sign on the respective products. Misuse of this shall be punished in accordance with this Act. ".
(c) add, at number 15, then of the final dot (.), that happens to be comma (,), the following phrase: "in accordance with the relevant regulations.".
(d) incorporate, at 16, the following new second paragraph: "testing of measuring instruments will be in charge of the company if it is found that the instruments are inaccurate and do not conform to the relevant standard and, on the other hand, will be in charge of the claimant, if it is found that they operate within the permitted tolerances.".
(e) replace the second paragraph of number 17, with the following: "the claims shall be communicated by the Superintendence to those affected, attaching a reasonable period of time to inform. If that report is enough to clarify the issue debated, you dictate immediate resolution. If the affected not I will answer in the time limit or if the defendant fact is estimated gravity, the Superintendent must have that is practiced an investigation that will allow form view full and issuing the decision is coming.
The resolutions issued by it may apply fines or other sanctions as authorized by this law.
In the same way, although no mediate claim, in cases in which the Superintendency verify violations of standards whose compliance with proper oversight, you can apply to offenders concerned sanctions.
The form of procedure, deadlines, requirements that must be met proceedings and proceedings and sanctions as well as the interposition of resources against the resolutions concerned, shall be adjusted provisions of title IV of this law and what have the respective regulations. ".
(f) replace the number 19, which are detailed below: "19.-temporarily suspend the authorizations or licences which are granted in accordance with the numbers 14, 15 and 26 of this article, when you check that the technical requirements laid down in the law, regulations and mandatory standards are not met to hold or exercise such authorizations or licenses. The suspension shall remain in force until it is certifying compliance with the requirements referred. ".
(g) delete, at number 20, the phrase "of up to ten tax units per month,", following the word "fine".
(h) replace the number 21, with the following: "21.-verify and examine the costs of exploitation and the new replacement value of the concessionaires public service of electricity distribution companies, which are releases subject to the General Law of electrical services, and exercise the powers as in this matter gives the cited legal body.
The Superintendency is also empowered to require of the concerned companies, information about the monthly operating income. '.
(i) Agreganse the following paragraphs second, third and fourth, new, number 23: "for the control of compliance with standards of the facilities referred to in the preceding paragraph, the Superintendent may authorize laboratories, entities or installers, to carry out inspection of them and carried out or will carry out, under its sole responsibility, tests and trials that the agency deems necessary to verify that they comply with the normal specifications and do not constitute a danger to persons or things.
Inspected facilities that meet stated in the previous paragraph shall be entitled to a certificate or seal, whose characteristics and validity shall be established by the Superintendent, according to the nature of the same.
The procedure for accreditation, authorization and control of the entities or installers, inspectors, shall be established by the Superintendent General founded resolution. Authorities and inspectors thus authorised will be subject to permanent control and supervision of the Superintendent. ".
(j) replace, at 30, the phrase "special regulations of service that companies must submit to approval" by the expression "other materials within its competence".
(k) replace the number 34 with the following: "34.-apply and administratively interpret the legal and regulatory provisions whose compliance is monitored and give instructions of General companies and entities subject to supervision.".
(l) Agreganse, then of the number 34, the following new numbers: "35.-decide on the special regulations of service public service concessionaires companies subject to their approval.
36. adopt measures to correct the deficiencies which finds, in relation to compliance with the laws, regulations and other rules whose supervision deserves.
37 set rules of a general nature on the form and way of presenting information that entities subject to supervision must provide in accordance with the laws and regulations in force.
Notwithstanding the provisions of the preceding paragraph, the new rules handed down will not affect the validity of the information submitted prior to its entry into force.
38 order, founded resolution, during the validity of a decree of rationing and prior favourable report from the National Energy Commission, the reduction of the surplus consumption of individuals and organs of the State, and other measures of a general nature that contribute to the reduction of the deficit of energy.
39 exercise other functions and powers conferred by the law to the Superintendency of Gas and electric services or the Superintendency of electricity and fuels. ".
(m) add following new, second subsection in article 3: "in cases in which will obstruct or impede the full exercise of the powers granted to the Superintendence for the protection and safety of persons, or to prevent serious harm to the population, it may request, grounds, directly from the Mayor that corresponds, the help of the security forces , with powers of search and entry, if necessary. ".
(2) Intercalanse continuation of article 3, the following new articles: "article 3 a.-the Superintendent may require, to the persons and undertakings subject to its control and policies that keep transactions with those, the information that was necessary for the exercise of their functions. With regard to the related companies, may only request information on transactions carried out with the companies under his control.
Persons or undertakings required by the Superintendent in the Faculty designated above, use only exempt will deliver the information required, invoking an existing law on secret.
They must also inform the Superintendent of any essential fact concerning the bonded activity, immediately after this, or since they took knowledge, or more latest within three days, even though any no mediated requirement of the aforementioned body. When the third day corresponds to a Saturday, Sunday or holiday, the information may be provided the next business day.
For the purposes of the preceding paragraph, means as essential every fact that may seriously affect the continuity, quality, regularity and security of electrical services, gas or fuels, for a number of users equal to or exceeding 5% of the supplied by the informant.
Failure to comply with the requirement of information or the obligation to provide it without that one, as well as the delivery of false, incomplete, or manifestly incorrect information, they will be punished in accordance with this law.
Article 3 B.-founded resolution, the Superintendent may require companies and entities subject to supervision, under penalty of fine, carried out audits to check the truthfulness and accuracy of the information that provided you.
The recruitment and financing of these audits will be up to the company or entity required. The auditor must be approved by the Superintendent.
Article 3 C-prior authorisation of the competent civil presiding judge, the Superintendent may summon representatives, directors, administrators, advisors and employees of the supervised entities, as also to witnesses, with respect to any fact whose knowledge it deems necessary for the performance of their duties. They will not be obliged to declare the persons indicated in article 361 of the code of Civil procedure, to which the Superintendent shall seek statement written to attend.
The Superintendent may request the ordinary courts, against persons who having been cited under penalty not attend without just cause, declare the application of the enforcement proceedings referred to in articles 93 and 94 of the tax code.
Article 3 D-officials of the Superintendence belonging or related to its plants in professional and supervisory, designated as supervisors of a service or electrical, gas or combustible liquid, will have the quality of Ministers of faith in the verification of constituent acts of infringements to the regulations in force.
The facts established by the Ministers of faith constitute a legal presumption.
Officials designated in the first paragraph of this provision, properly accredited, have free access to stations, lines and substations, workshops, other units of electric services, gas and liquid fuels, as well as to economic load dispatch centres, to perform the functions of inspection and oversight assigned to them. In the exercise of their duties must meet standards and safety procedures existing internal to the aforementioned dependencies.
Article 3 E-Superintendent, officials of the Superintendence and people serving you in any form of recruitment, stored documents and history of companies and entities subject to supervision, reserve provided that such documents and background have the character of public. The breach of this obligation shall be punished as provided in subsection first of article 247 of the criminal code, without prejudice to penalties which may be applicable. This prohibition, self-serving or third-party forces until three years after leaving the post officer or have provided services.
The Superintendent and the officials of the Superintendence may not, by itself or through other persons, natural or legal, having business or providing services to companies or entities subject to supervision or its related. The contravention of this prohibition will entail the removal from office, without prejudice to other civil and criminal responsibility which may be attributed to the offender. ".
(3) replace article 15, by the following: ' article 15.-the companies, entities or persons, subject to the control or supervision of the Superintendence, which commit on infringements of the laws, regulations and other standards related to electricity, gas and liquid fuels, or in non-compliance with the instructions and orders that provided them the Superintendent, may be subject to the application by it of the sanctions that are designated in this title , without prejudice to those established specifically under this Act or other legal bodies.
For the purposes of the application of the penalties referred to in the preceding paragraph, administrative offences are classified as very serious, major and minor.
Are very serious offences the facts, acts or omissions that contravene the relevant provisions and that alternatively: 1) have caused death or severe injury to persons, in the terms of article 397, no. 1 of the criminal code;
2) have been provided with spoofed information that may affect the normal functioning of the market or price regulation processes;
3) have affected the generality of users or customers supplied by the offender, in a significant way;
4) have altered the regularity, continuity, quality, or safety of the respective service, beyond the standards allowed by the rules and affecting at least 5% of the users supplied by the infringer;
5) have caused a fault in the operation of an electrical system or fuel, or 6) constitute re-offending or recidivism offences qualified as serious in accordance with this article.
Are serious breaches, the facts, acts or omissions that contravene the relevant provisions and that, alternatively: 1) caused injury other than the listed number 1) of the preceding paragraph, or mean danger to the safety or health of persons;
2) have caused damage to property of a significant number of users;
(3) would endanger the regularity, continuity, quality, or safety of the respective service;
(4) involve danger or risk of causing widespread failure of electrical or fuel;
(5) do not comply with the orders and instructions of the authority and, in the case of an electrical system, fail to comply with the orders given by the respective agency, Coordinator of the operation, which derived the risks referred to in the above numbers;
(6) constitute a refusal to provide information in cases authorized by law to the Superintendent or to the National Energy Commission to demand it;
((7) involve alteration of prices or of quantities supplied, to the detriment of users, or 8) constitute persistent repetition of a same offence qualified as mild in accordance with this article.
They are minor offences the facts, acts or omissions that contravene any mandatory precept and which do not constitute a serious or very serious violation in accordance with the preceding subparagraphs. '.
((4) replaced article 16, by the following: "article 16.-in according to the nature and gravity of the offences, determined pursuant to the rules of this title, they may be subject to the following penalties: 1) written reprimand;
(2) a monthly tax unit to ten thousand units per year tax penalty;
(3) revocation of authorisation or licence;
(4) confiscation;
5) temporary or permanent closure, and 6) expiry of the interim award.
For the determination of the corresponding penalties, the following circumstances shall be considered: to) the importance of the damage caused or caused danger.
(b) the percentage of users affected by the infringement.
(c) the economic benefits obtained at the time of the offence.
(d) the intent in the Commission of the offence and the degree of participation in the fact, action or omission constituting it.
(e) the previous conduct.
(f) the economic capacity of the offender, especially if undertakes the continuity of the service provided by the plaintiff. ".
(5) Intercalanse, then of article 16, the following items 16 A and 16 B, new: "article 16 a. without prejudice to the sanctions that establish special laws, previously classified offences may be punished with: 1.-fine of up to 10,000 tax units annually, revocation of authorization or licence, confiscation or closure, in the case of very serious offences, in accordance with article 15;
2 fines of up to 5,000 annual tax units, revocation of authorisation or licence, comiso or closing, for serious offences, in accordance with the abovementioned article, and 3.-fine of up to five hundred annual tax units or reprimand in writing, in the case of infringements mild.
Article 16 B.-without prejudice to penalties that apply, interruption or suspension of the electricity supply not authorized in accordance with the law and regulations, involving partial or fully one or more distribution concession areas, will lead to compensation to users subject to price regulation affected, Manager of the dealership, equivalent to the double of the value of the energy not supplied during the interruption or suspension of the service valued at cost of rationing.
The compensation regulated in this article will be discounting the quantities corresponding next billing, or those that determine the Superintendency at the request of the respective dealer.
The compensation referred to in this article shall be paid to the user immediately, regardless of law that will assist the concessionaire to repeat against responsible third parties. ".
(6) replace the second paragraph of article 17, by the following subsections, new: "any sanction applied by the Superintendent shall be based on a procedure that will start with the precise formulation of the charges and its notification to the accused to present his defense. The period given to present disclaimers may not be less than fifteen days.
The Superintendency will result in the evidentiary measures requested the accused in their disclaimers, or reject them with expression of cause.
Resolution issued in definitive must pronounce on allegations and defences of the accused and shall contain the statement of the imposed sanction or absolution. Previous pronouncement will be made within 30 days of evacuated last Stagecoach ordered in the file.
The regional directors of the Superintendency of electricity and fuels will have competition in their respective Region, for instruction, in the framework of the powers which the law gives to the Superintendent concerned, all kinds of research. However, you can only apply those sanctions to which the attribution has been delegated them by the Superintendent.
The hierarchical remedy, if any, shall be governed by the rules referred to in article 18 A. ".
(7) incorporate, in article 18, the following new second subsection: "payment of any fine applied in accordance to this title shall be accredited to the Superintendent, within ten days following the date on which this should be paid.".
(8) Insert, then of article 18, the following article 18 A new: "article 18 a. against the resolutions of the Superintendency applied sanctions, it may bring the appeal laid down in article 9 of the law Nº18.575, in the period of five working days counted from the day following the notification of the decision. The SVS will have ten working days to resolve.
The filing of this appeal will suspend the deadline to claim of illegality, provided that in the case of materials which must be such an appeal. ".
(9) replaced article 19 with the following: "article 19.-the affected that they consider that the resolutions of the Superintendency does not conform to the law, regulations or other provisions that you apply, you can claim them within the term of 10 working days, counted from notification, the Court of appeals corresponding to the domicile of the claimant. If the resolution afectare to more than one person or entity whose domiciles fishing jurisdictional territories of different cuts, shall be competent to hear all claims that there is place that corresponds to the address of the authority which issued the administrative act in question.
Sanctions imposed fine will always be enforceable and shall not be enforceable while the period is not expired for the claim, or it has not been resolved. For the claim against a fine should be accompanied ballot of consignment to the court order, by 25% of the amount of the same.
The Court of appeals will transfer the claim to the Superintendency, notifying it by trade and this will have the term of 10 working days counted from the filed claim, notice be given to comment.
The Court not may issue as one that suspends the effects of the claimed Act, when the suspension of the effects of the decision may affect the quality of the service, the continuity of the same or the safety of persons.
Evacuated the transfer by the Superintendency, or the payment that has to comment, court ordered to bring the car in relation and the cause is extraordinarily added to the table for the next hearing, prior the room draw. The Court may, if it considers this appropriate, open a probationary term which may not exceed seven days, and listen to the allegations of the parties. If not avail himself of the claim, the amount of the deposit shall be credited to the payment of the fine and, if eligible, be governed by the provisions of the second paragraph of article 20.
The Court will issue a ruling within a period of fifteen days. Against the decision of the Court of appeal may appeal to the Supreme Court, within the deadline of 10 working days, which will be known as provided in the preceding subparagraphs. '.
(10) replace the second paragraph of article 20 with the following: "Judicially declared the total or partial inadmissibility of the fine, the Superintendent or the respective jurisdictional body, as appropriate, shall order its return by the General Treasury of the Republic, duly adjusted as pointing to articles 57 and 58 of the tax code.".