Sole article.-Introducense the following amendments to the decree with force of law N ° 1, 1982, the Ministry of mines: 1.-added as article 17 ° bis, the following: "article 17 bis-cooperatives supply operating how concessionaires of public distribution service, can be distributed without limitations of volume electricity do not have the quality of partners who , in its concession area.
In the exploitation of such concessions, cooperatives that is this article not enjoy tax franchises or others of any nature, which they have by their status as cooperative. "."
2. delete paragraph first of article 51 the phrase "In the event of conflict will solve founded the Superintendency.".
3 replaced in the subparagraph first of number 1 of article 51 ° expressions "to the owners of these facilities." by "to its owner"; and in both paragraphs of that number, the phrase "in proportion to the capacity of the works that actually use" by "by their investment costs, in proportion to the maximum power busy by the applicant with respect to the total maximum power busy for all the users of these facilities and works".
4. Add, in number 1 of article 51, the following final paragraph: "installations and works complementary, main and backup, to be considered for the calculation of compensation shall be all those necessary to maintain an appropriate level of safety and quality of service;".
5. delete the number 5 of article 51.
6 Intercalanse, then in article 51, the following articles: "article 51 °.-in case of electrical systems in which it takes place the regulation of the price of knot referred to in number 1 of article 96, rights-of-way for electric power caused by networking these systems of power plants shall be governed, in addition by supplementary provisions contained in articles 51° B to the 51° E following. However, these provisions shall not apply where the parties agree different conditions.
Article 51° (B).-when a generating station is connected to an electrical system whose lines and substations in the area of influence of the central belong to a third party, means that the owner of the plant makes effective use of these facilities, regardless of the place and the way in which are commercialized the contributions of power and energy that made and Therefore it must pay the corresponding tolls to its owner.
Area of influence means the set of lines, substations and other electrical installations, directly and necessarily affected by the injection of power and energy of a generating station.
Article 51 ° C-the use referred to in the preceding article entitles the owner of lines and substations involved to receive a remuneration constituted by the tariff income, the basic toll and, where applicable, the additional toll.
Tariff income is the amount that perceives the owner of lines and substations involved by the differences that occur in the application of prices of knot of electricity that govern in the different nodes of the area of influence for injections and withdrawals of power and energy, these knots.
The basic toll amount is the amount that results from adding the annuities corresponding to the costs of operation, maintenance and investment in the lines, substations and other facilities involved in an area of influence, deduced the annual tariff income referred to in the preceding paragraph. To this effect, such income is estimated for a period of five years, on the basis of prices of knot current to the date of determination of the toll, in normal operating conditions anticipated. The basic toll be paid in proportion to the maximum power busy for each user, with respect to the total maximum power busy for all the users, including the owner of the lines, substations and other related facilities.
Article 51 ° D-payment of annuities from the basic toll shall entitle the owner of the generating plant away electricity, free of charge, at all nodes of the system located within its area of influence.
Also, it will give you right to remove electricity, free of charge, at all nodes from which, in typical conditions of operation of the system occur NET physical transmissions towards the area of influence.
NET transmissions, for this purpose, are defined as transmission medium energy throughout a calendar year. This right shall continue so long as are the net transmission towards the area of influence.
Article 51 ° E-if the owner of the plant want to remove electricity in other units, other than those listed in article 51 ° D, must agree to additional tolls with the owner of the lines and substations involved. These tolls shall be calculated in the same way as the basic toll.
Payment of annuities corresponding to additional tolls shall entitle the owner of central to remove electricity in all the nodes located in the involved facilities. It also granted right to remove electricity, free of charge, at all nodes from which in typical conditions of operation of the system occur NET physical transmissions to the knots covered by additional tolls. This latter right shall continue as long as the designated NET transmission condition is met.
Article 51 ° F-compensation and calculation of the basic and additional tolls to articles 51 °, 51° C, D 51 ° and 51° E, as well as their corresponding formulas of reset, shall be proposed by the owner of the lines and substations involved the person concerned constitute bondage on them. The proposition will be accompanied by a detailed report in which the value of the tolls proposed is justified. This proposal and its report will be presented to the person concerned within sixty days following the respective application to obtain an agreement on the value of the toll. This period shall be thirty days in the case of additional tolls.
The interested party may make comments to the proposal and its report within thirty days of the presentation of these.
Within this same period the person concerned may ask for clarifications to the proposal or the report and require additional background needed to conduct their study and to formulate pertinent observations.
Made the request, the owner shall have a period not exceeding ten days to present clarifications or additional background, term which will be expanded within 30 days that the person concerned has to formulate its observations.
If the person concerned does not formulare observations above within thirty days or the expansion, where appropriate, means that you accept the proposition of the owner and the value of the tolls will be the content therein.
Observations made by the interested party, parties will have thirty days to agree the amount of the tolls for the easements and its adjustability. After this deadline unless agreement is reached, any of them may request the fixing of those amounts and their adjustability to the arbitral tribunal provided for in article 51 G.
Agreed by the parties or set by the arbitral tribunal amounts of tolls and its adjustability, this shall apply for a period not less than five years, or by the superior term to those agreed.
In any case, for transmission facilities belonging to members of the coordinating body of the operation or dispatch center of charge referred to in article 91 °, owners should calculate the new replacement values and costs applicable to the calculation of tolls, in the different sections of such installations, operation and maintenance and have them available for generating entities and stakeholders that applicable. The first listing of costs referred to in this subsection must be completed, at the latest the day of April 1, 1990, and must be upgraded with a maximum of 5 years periodicity. In the meantime should contemplate formulas that allow to reset their values based on representative costs of transmission rates. To determine annuity investments committed lines, substations and other facilities involved shall be deemed the new replacement value of all of them; his life, which may not be less than 30 years, and a refresh rate equal to the last one that has been used for the calculation of prices of knot referred to in article 99 of this law.
The person concerned will desist from constitute bonded on the lines and substations, shall charge the cost of studies, clarifications and other background that should make or deliver the owner of such lines and substations. To ensure the fulfillment of this obligation, the person concerned, at the time of requiring the proposition and report, must accompany ballot Bank warranty or vale view for a sum equivalent to one hundred units of promotion.
Article 51 ° G.-any dispute arising between the owner of the lines and substations involved and anyone interested in forming a servitude or who makes use of them or between the latter each other, related to rights-of-way of electrical energy and, in particular, difficulties or disagreements concerning the Constitution, determination of the amount of tolls and their adjustments , proposition and history that must provide the owner in accordance with article 51 ° F, compliance, validity, interpretation, termination and liquidation of agreements or arbitral failures related to these easements, shall be resolved by an arbitral tribunal composed of three arbitrators appointed, one by each of the parties, and a third, who shall be a lawyer, chosen by the first two agreed and , in case of disagreement, by the ordinary courts.
The arbitral tribunal shall act as arbitrator t fail at single instance.
To constitute any arbitration of the Parties shall notify the other, through a notary public, their willingness to start the trial arbitral pointing in the same communication, the name of the arbitrator designated by date and place in which the arbitrators appointed by the parties in order to choose the third arbitrator shall meet. This meeting may not take place in less than 10 nor more than 20 days and will take effect in the office of a notary public of the domicile of the notified to the call.
The arbitral tribunal shall adopt its agreements by simple majority and will issue its ruling within 180 days following the date of appointment of the third arbitrator, term which may be extended only up to 30 days.
The costs of arbitration will be paid by halves between the parties. Referees, before taking office, shall comply with the provisions of article 236 of the organic code of courts".
7 replace subsection first item 84 ° by the following: "Article 84.-in the case of services that are unpaid, the dealer may suspend supply only after 45 days from the expiration of the first ballot or unpaid Bill.".
8 replaced at N ° 99 article 2 the expression "twenty-four months of operation, minimum" by the phrase "months of operation, with a minimum of twenty-four and forty-eight months".
(9 added in the letter q) article 150 the following paragraph: "However, if the dealer does not suspendiere service by the grounds indicated in article 84, service obligations by loads with the supplier that are generated from the date of issuance of the following ballot or invoice not will be based on that property or installation" , except that it will tell with the written permission of the owner. "."