Law 143 Of 1994

Original Language Title: LEY 143 de 1994

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Law 143 of 1994
(July 11)
Official Gazette No. 41434 of 12 July 1994.
why the regime for the generation, interconnection, transmission, distribution and marketing of electricity is established in the country, the authorizations are granted and other provisions on energy. Summary

Term Notes
CONGRESS OF COLOMBIA DECREES
:

CHAPTER I. GENERAL PRINCIPLES.
ARTICLE 1o. This Act establishes the regime of generation, interconnection, transmission, distribution and supply of electricity, hereinafter activities in the sector will be called, in accordance with the constitutional and legal functions assigned to the Ministry of Mines and Energy.
Article 2.
. The Ministry of Mines and Energy, in exercise of regulatory functions, planning, coordinating and monitoring all activities related to the public electricity service, define the criteria for the economic use of conventional and unconventional sources of energy within an efficient and sustainable integrated management of energy resources in the country, and promote the development of such sources and the efficient and rational use of energy by users.

ARTICLE 3. In connection with the public electricity service, the State is responsible for:
a) To promote free competition in the sector's activities;
B) Prevent practices that constitute unfair competition or abuse of a dominant position in the market;
C) Regular situations where for reasons of natural monopoly, free competition does not ensure its efficient delivery in economic terms;
D) Ensure the protection of the rights of users and the performance of their duties;
E) Ensure proper integration of environmental aspects in the planning and management of sector activities;
F) Achieve coverage of electricity services to different regions and sectors of the country, which guarantees the satisfaction of the basic needs of users of strata I, II and III and low-income rural areas, through various public and private agencies providing the service;
G) Ensuring the availability of necessary resources to cover subsidies granted to users of strata I, II and III and lower income in rural areas, to meet their basic electricity needs.
PARÁGRAFO. To ensure compliance with the provisions of the preceding paragraphs, the national government will have the resources generated by the national contribution mentioned in Article 47 of this Law and the resources of the national budget, which should be appropriate annually in the budget revenues and appropriations bill by the Ministry of Finance and Public Credit.
However, in accordance with Article 368 of the Constitution, departments, districts, municipalities and decentralized entities may grant subsidies in their respective budgets.

ARTICLE 4. The State, in relation to electricity service will have the following goals in fulfilling its functions:
a) Supplying electricity demand of the community under economic criteria and financial viability, ensuring coverage within a framework of Use rational and efficient use of various energy resources of the country;
B) Ensuring efficient, safe and reliable operation in the sector's activities;
C) To maintain and operate its facilities while preserving the integrity of persons, property and the environment and maintaining quality standards and safety requirements set.
PARÁGRAFO. If the various economic operators wishing to participate in the activities of electricity, should be subject to the fulfillment of the above objectives.

The 5th ITEM. The generation, transmission interconnection, distribution and marketing of electricity are designed to meet collective needs primary permanently; for this reason, they are considered essential public services, mandatory and jointly and severally, and public utility.

ARTICLE 6o. The activities related to electricity service shall be governed by principles of efficiency, quality, continuity, adaptability, neutrality, solidarity and equity.
The principle of efficiency requires the correct allocation and use of resources so that the service at the lowest economic cost is guaranteed.
Under the principle of quality, service provided must meet the technical requirements established for him.

The principle of continuity implies that the service should still pay in cases of bankruptcy, liquidation, intervention, replacement or termination of contracts of the companies responsible for the same, no different from those scheduled interruptions for technical reasons, force majeure, incidental, or penalties imposed by the user for breach of its obligations.
The principle of adaptability leads to the incorporation of advances in science and technology to provide higher quality and efficiency in service delivery at the lowest economic cost.
The principle of neutrality requires, in the same conditions, equal treatment for users, no different from those derived from their social condition or conditions and techniques of the service characteristics discrimination.
By solidarity and income redistribution is understood that in designing the tariff regime will consider the establishment of factors to consumer sectors with higher incomes help people with lower incomes may pay rates of consumption electricity to meet their basic needs.
By the principle of equity, the State shall strive to achieve a balanced and adequate coverage of energy services in the different regions and sectors of the country to ensure the satisfaction of the basic needs of the entire population.

ARTICLE 7. In the sector activities may participate different economic, public, private or mixed agents, which will be free to perform their functions in a context of free competition, in accordance with Articles 333, 334 and the penultimate paragraph of Article 336 of the Constitution and Article 3o. of this Act.
In cases prescribed by law, to operate or operating projects, must be obtained from the competent authorities the respective permits environmental, health, water use and municipal order are enforceable.
PARÁGRAFO. Marketing activity can only be developed by those operators who carry out some of the activities of generation or distribution and independent agents comply with the provisions issued by the regulatory commission energy and gas.

Article 8. Public companies that provide electricity service to come into effect this Act, in any sector activities must have administrative autonomy, assets and budget.
Unless otherwise provided by law, the budgets of public entities territorial order shall be approved by the respective boards of directors, without the participation of other authorities required.
PARÁGRAFO. The regime applicable to these companies will be hiring the private law. The Energy Regulatory Commission and Gas will make the inclusion of exceptional clauses common law in some of the contracts entered into such entities. When inclusion is enforced, all matters relating to these terms shall be subject to the General Contracting Code of the Public Administration.

Article 9. The President of the Republic exercised by the Superintendency of Domiciliary Public Services control efficiency and quality of public service electricity and control, inspection and surveillance of the entities providing the public service of electricity, under the terms provided in the law.

ARTICLE 10. When the State decides to summon the different economic agents on their behalf to develop any sector activities regulated by this law, they must demonstrate experience in conducting them and have technical, operational capacity and enough to sign the contracts necessary for this financial, which are regulated according to the provisions of this Act, in private law or special arrangements according to the legal nature of the same.
CHAPTER II.
SPECIAL DEFINITIONS.

ARTICLE 11. To interpret and apply the law the following general definitions shall apply:
national interconnected system: the system is composed of the following interconnected elements: plants and power generation equipment, network interconnection and inter-regional transmission networks, distribution networks, and electrical charges from users.
National network interconnection: a set of lines and substations, with its associated equipment, including international interconnections, designed to serve all members of the national grid.

Regional or interregional transmission networks: set of transmission lines and substations, with its associated equipment for servicing a group of members of the national grid within the same area or adjacent areas, determined by the regulatory commission energy and gas.
Distribution networks: set of lines and substations, with its associated equipment intended for service users of a municipality or municipalities adjacent to or associated with any of the forms provided for in the Constitution.
Regulation of operations: a set of principles, criteria and procedures for planning, coordination and execution of the operation of the national grid and to regulate the operation of the wholesale electricity market. The rules of operation comprises several documents that will be organized according to the items specific operation of the national grid.
Wholesale market: the market for large blocks of electricity that generators and marketers buy and sell energy and power in the national grid, subject to the rules of operation.
Regulated Freedom: tariff regime by which the Energy Regulation Commission and Gas will establish the criteria and methodology under which electricity companies may determine or modify the maximum prices for the services offered.
Marketing: consisting of buying and selling electricity to end users, regulated or unregulated will be subject to the provisions of this Act and that of public services in the relevant activity.
Regulated User: natural or legal person whose electricity purchases are subject to rates set by the Energy Regulatory Commission and Gas.
Unregulated User: natural or legal person, with a maximum demand greater than 2 MW installation by legalized whose electricity purchases are made freely agreed prices. The Energy Regulatory Commission and Gas may review that level, reasoned decision.
Integrated operation: the optimal operation is ahead by two or more independent systems.
Self-generating: generator that produces electricity exclusively to meet their own needs.
Regional dispatch center: a central monitoring and control of the operation of networks, substations and generating plants located in the same region, whose role is to coordinate the operation and maneuvers of those facilities, subject to as appropriate, to the instructions given by the National Dispatch Center, developing the provisions contained in the Rules of operation, in order to ensure safe and reliable operation of the interconnected system.
National Dispatch Center: is the unit responsible for planning, supervision and control of integrated resource generation, transmission interconnection and operation of the national grid.
It is also responsible for giving instructions to the Regional Dispatch Centers to coordinate maneuvers facilities in order to have a safe, reliable and beat the rules of operation and all the agreements of the National Operation Council operation.
Consumption Subsistence is defined as subsistence consumption, the minimum amount of electricity used in a month for a typical user to meet basic needs that can be met only through this form of final energy. For the calculation of subsistence consumption may only be taken into account energy substitutes when they are available for use by these users.
Non-interconnected areas: geographical area where the public electricity service is not provided through the National Interconnected System.
When necessary, interpretation and application of these definitions will make the Energy Regulatory Commission and Gas.
CHAPTER III.
PLANNING OF EXPANSION.

ARTICLE 12. Planning for the expansion of the national grid will be made in the short and long term, so that the plans to meet demand are flexible enough to adapt to changes that determine the technical, economic, financial and environmental; that meet the requirements of quality, reliability and safety determined by the Ministry of Mines and Energy; that proposed projects are technically, environmentally and economically feasible and that demand is satisfied according to criteria of efficient use of energy resources.


ARTICLE 13. Mining Planning Unit - Energy of which Article 12 of Decree 2119 of 1992, will be organized as a Special Administrative Unit under the Ministry of Mines and Energy, with its own assets and legal status and special regimes recruitment, personnel management, wages and benefits and budgetary autonomy.
The unit will manage its budgetary resources and operate through a merchant trust contract that held the Ministry of Mines and Energy with a trustee, which is subject to the rules of private law. These provisions govern likewise acts and contracts made in development of the respective trust agreement.
Will be given for compliance with Article 60 of the Constitution, for companies in the energy sector application, as appropriate, to Decree Law 663 of 1993. The National Government will indicate the special conditions of funding. Editor's Notes


ARTICLE 14. The budget of the Special Administrative Unit Planning Mining and Energy will be part of the general budget of the Nation and will be presented to the Ministry of Mines and Energy for incorporation therein, its annual distribution will be made by order issued by the Ministry of Mines and Energy and endorsed by the director General of National Budget of the Ministry of Finance and Public Credit, in accordance with the provisions of Law 38 of 1989 and other rules that regulate, modify or replace.
PARÁGRAFO. This budget will be borne by the Colombian oil company Ecopetrol, the Colombian Coal Company -Ecocarbón-, National Energy Financial -FEN- and Interconnection Electrica SA -ISA- equally. These entities are empowered to adapt of their respective budgets the corresponding items. Editor's Notes


ARTICLE 15. Planning Unit Mining and Energy will have a director who will have the status of public employee and accrued remuneration determined by the National Government.
The principal shall meet the following conditions:
a) Be Colombian and active citizen;
B) Hold a university degree in engineering, economics or business administration and graduate studies;
C) Have a recognized preparation and technical experience and have held senior positions in public or private entities national or international energy sector for more than six (6) years period. Editor's Notes


ARTICLE 16. Planning Unit Mining and Energy will have among others the following functions:
a) Establish the energy requirements of the population and economic operators in the country, based on demand projections that take into account the most likely evolution of the demographic and economic variables and prices of energy resources; Editor's Notes


B) Establish how to meet these requirements taking into account existing, conventional and unconventional energy resources, according to economic criteria, social, technological and environmental; Editor's Notes


C) Develop and update the National Energy Plan and Expansion Plan of the electricity sector in accordance with the Draft National Development Plan.
The first National Energy Plan must be submitted within six (6) months following the effective date of this Act; Editor's Notes


D) Evaluate economic and social desirability of developing non-conventional energy sources and uses, as well as the development of nuclear energy for peaceful purposes; Editor's Notes


E) Evaluate economic and social profitability of exports of mineral and energy resources; Editor's Notes


F) Perform diagnostics that allow the formulation of plans and programs in the energy sector; Editor's Notes


G) Establish and operate the mechanisms and procedures to assess the supply and demand for energy minerals, hydrocarbons and energy and identify priorities to meet such requirements, in accordance with the national interest; Editor's Notes


H) Recommend to the Minister of Mines and Energy, policies and strategies for the development of the energy sector; Editor's Notes


I) Providing technical planning and consulting services and charge for them; Editor's Notes


J) Establish a program priority saving and energy optimization; Editor's Notes


K) Any other point to this Act and Decree 2119 1992 *. Effective Notes

Editor's Notes



ARTICLE 17. The Ministry of Mines and Energy will have a permanent consultative body comprising representatives of energy companies, national and regional order and users must first conceptualizing the adoption of plans, programs and development projects each subsector and propose appropriate action to ensure that they are conducted in accordance with the provisions of the National Energy Plan. To authorize the Government to establish the number and selection mechanisms representatives of users.
PARÁGRAFO. Mining Planning Unit-Energy Plans Expansion prepare the National Interconnected System and consult the Standing advisory body.

ARTICLE 18. POWER GENERATION SYSTEM IN THE NATIONAL INTERCONNECTED. Responsibility of the Ministry of Mines and Energy expansion plans define generation and network interconnection and set criteria to guide the planning of transmission and distribution.
Plans generation and interconnection reference will seek to optimize the balance of energy resources to satisfy domestic demand for electricity, according to the National Development Plan and the National Energy Plan. PARAGRAPH 1.
. The Energy Regulatory Commission and Gas, CREG, develop the regulatory framework that encourages investment in capacity expansion of generation and transmission grid by strategic investors. In accordance with the above, the CREG establish schemes that promote the entry of new generation capacity and transmission. PARAGRAPH 2.
. The National Government will take steps to ensure supply and reliability in the electric power system of the country and only take the risks inherent in the construction and operation of generation projects and transmission when incorporating strategic investors is not achieved measures. Above, provided that the projects are financially sustainable and fiscally according to the medium-term fiscal framework. Effective Notes

Legislation Previous


ARTICLE 19. The National Government will ensure the development and implementation of pre-investment studies associated with electricity generation projects, according to the priorities established in the Generation Expansion Plan, for which the Mining Planning Unit -Energética promote such studies. PARAGRAPH 1.
. The resources required to undertake pre-investment studies in electricity generation projects will come from the precautions established in the single paragraph of Article 14 to be allocated for this purpose. PARAGRAPH 2.
. When companies make investments in official studies for power projects subsequently benefit other entities that did not participate in such investments, the latter must pay the cost to date in proportion to their share values. The Energy Regulatory Commission and Gas regulate the matter.
CHAPTER IV.
Regulation.

ARTICLE 20. Regarding the energy sector the role of regulation by the State basic objective will ensure adequate service delivery through the efficient use of various energy resources for the benefit of the user in terms of quality, timeliness and cost of service. To achieve this goal, it will promote competition, create and preserve
conditions make it possible.

ARTICLE 21. The Energy Regulatory Commission, established by Article 10 of Decree 2119 of 1992, will be called Energy Regulatory Commission and Gas and organized as a Special Administrative Unit of the Ministry of Mines and Energy, which will be integrated as follows:
a) by the Minister of Mines and Energy, who will preside;
B) For the Minister of Finance and Public Credit;
C) the Director of the National Planning Department;
D) five (5) experts dedicated energy affairs, appointed by the President of the Republic for periods of four (4) years.
Once the Superintendence of Public Utilities created by Article 370 of the Constitution it is organized, the Superintendent shall attend its meetings with voice but no vote.

The Commission shall administrative professional, technical and necessary for the performance of their duties, according to what will be determined by special schemes and recruitment, personnel management, wages and benefits and shall enjoy budgetary autonomy.
The Commission will manage and operate their budgetary resources through the commercial trust agreement that held the Ministry of Mines and Energy with a trustee, which is subject to the rules of private law. These provisions govern likewise acts carried out in developing the respective trust agreement.
Experts have quality as determined by the President of the Republic and bear the remuneration determined by it.
The Energy Regulation Commission and Gas will issue its rules of procedure, to be approved by the national government, in which the procedure for the appointment of the Executive Director among experts dedicated be indicated. PARAGRAPH 1.
. Experts must meet the following conditions:
a) Be Colombian and active citizen;
B) Having university degree in engineering, economics, business administration or similar and postgraduate studies; and
c) Have a recognized preparation and technical experience, preferably in the energy field and have held senior positions in public or private entities Mining and energy, national or international sector, for a period exceeding six (6) years; or she has served as a consultant or advisor for a period equal or superior. PARAGRAPH 2.
. The first appointment of the experts will be as follows: two (2) experts for a period of three (3) years and three (3) for a period of four (4) years. What experts may be reappointed. Effective Notes


ARTICLE 22. The regulation service costs will be covered by all entities subject to regulation and the total amount of the contribution may not exceed 1% of the value of operating expenses excluding operating expenses, purchases electricity, fuel purchases and tolls when the case demands, the regulated entity incurred the year before that in which the collection, according to made available to the Superintendent of Public Services financial statements and done Energy Regulatory Commission and Gas.
The amount of tax you pay each entity will be liquidated by the Energy Regulatory Commission and Gas. Contributions must be paid within thirty (30) calendar respective collection in the financial institution or institutions designated to receive this collection days.
PARÁGRAFO. The Energy Regulatory Commission and Gas fixed annually its budget, which must be approved by the Government.

ARTICLE 23. To fulfill the objective defined in Article 20 of this Law, the Energy Regulatory Commission and Gas in relation to electricity service shall have the following general functions:

Editor's Notes
A) Create conditions to ensure the availability of efficient energy supply, able to supply the demand on social criteria, economic, environmental and financial viability, promote and preserve competition.
In the electricity sector, the efficient supply will consider the backup generation capacity, which will be assessed by the Energy Regulatory Commission and Gas, according to the criteria established by the Mining and Energy Planning Unit in the plan expansion; Editor's Notes


B) Determine the conditions for the gradual release of the market to free competition; Editor's Notes


C) define the methodology for calculating tariffs for access to and use of electricity grids, and charges for services provided by coordination office and regional dispatch centers and national dispatch center; Editor's Notes


D) To approve the rates to be incurred by the access and use of electrical networks and charges for services provided by coordination office and regional dispatch centers and National Dispatch Center; Editor's Notes


E) define the methodology for calculating the applicable to regulated electricity service user fees; Editor's Notes


F) Establish tariffs sale of electricity to end-users regulated. This authority may be delegated to the distribution companies, in compliance with its marketing functions under the regime of regulated freedom; Editor's Notes



G) Define, based on technical criteria, conditions that users must meet regulated and non-regulated electricity service; Editor's Notes


H) Define the factors to be applied to the rates of each consumer sector destined subsidies to cover subsistence consumption of lower-income users. These factors should take into account the ability to pay lower income users, the costs of providing the service and subsistence consumption to be laid down according to regions; Editor's Notes


I) Establish Operation Regulations for planning and coordinating the operation of the National Interconnected System, after hearing the concepts of the National Operation Council; Editor's Notes


J) Establish guidelines for the design, standardization and efficient use of electrical equipment and appliances; Editor's Notes


K) To interpret the definitions referred to in Article 11 of this Law; Editor's Notes


L) Specify the extent of powers concerning the granting of the concession contract; Editor's Notes


M) Knowing of user fees unregulated; Editor's Notes


N) Define and operationalize the technical criteria of quality, reliability and safety of energy services; Editor's Notes


O) Regulate the provision of electric service in subnormal neighborhoods and rural areas of less developed; Editor's Notes


P) Define by arbitration conflicts arising between the different economic agents involved in the sector's activities regarding interpretation of operational and commercial agreements; Editor's Notes


Q) To ensure the protection of consumer rights, especially those of low-income strata; Editor's Notes


R) The functions provided for in Article 11 of Decree 2119 of 1992, which remain in force as not contrary to the provisions of this article, and others indicated in the relevant legislation. Effective Notes



CHAPTER V. ELECTRICITY GENERATION.

ARTICLE 24. The construction of power plants, with their respective lines of connection to networks interconnection and transmission is allowed to all economic agents.
PARÁGRAFO. For projects generating multiple purpose of which benefit other sectors of the economy arising, the National Government will establish mechanisms for these sectors contribute to the financing of the project, to the extent of the benefits.

ARTICLE 25. Private or public operators that are part of the national interconnected system shall comply with the Operational Regulations and the agreements adopted for its operation. Failure to comply with these rules or agreements will lead to sanctions established by the Energy Regulatory Commission and Gas or the relevant authority under its jurisdiction.

ARTICLE 26. Public and private entities may sell electricity available, subject to Regulation Operation, generating companies, distributors or large consumers freely agreed between the parties fares.

ARTICLE 27. Except in emergencies, thermal generation companies making sales of electricity through the National Interconnected System, shall make contracts to ensure long-term fuel supply timely and reasonable prices .
For the acquisition of coal for thermal generation, will be selected preferentially, the bids submitted by associations or organizations cooperative nature composed of operators registered in the National Mining Register, as well as those that are presented by independent producers coal mining Register with valid and they are classified in the range of small-scale mining.
CHAPTER VI.
INTERCONNECTION.

ARTICLE 28. Companies that own lines, substations and equipment identified as elements of the national network interconnection retain ownership thereof, but shall operate subject to the Rules of Operation and the resolutions adopted by the Council national Operation. Editor's Notes



The breach of the rules of operation of the national network interconnection failure in the obligation to provide maintenance of lines, substations and associated equipment and any conduct that violates the principles governing the activities related to service electricity, will lead to sanctions established by the competent authority.
PARÁGRAFO. Notwithstanding the provisions of this article companies being owners of network elements they decide national interconnection dispose of such assets may do so.

ARTICLE 29. The connection to the national grid interconnection of regional transmission network, a distribution network, a generation plant or user concerned imposes the following obligations:
a) Comply technical standards issued by the Ministry of Mines and Energy;
B) operating its own system subject to the rules issued by the Energy Regulatory Commission and Gas and the agreements of the National Operation Council and Editor's Notes


C) carry out the works necessary for the connection of its facilities and equipment to the national grid interconnection.
ARTICLE 30.
companies owning interconnection networks, transmission and distribution allow connection and access to utilities, other generating agents and users on request, subject to compliance with the rules governing the service and payment of the compensation payable.
These companies can provide the service for telecommunications easement.

ARTICLE 31. The companies owning generation plants may be linked to interconnection networks, using two methods:
a) free offer for which the generating company is not required to supply a fixed amount of energy, submitting consequently, market demand, but operating in a system of prices and rates determined by the free market;
B) regulated offer for which the generating company is committed to a marketer of energy or non-regulated to provide fixed amounts of electricity over a certain period and at a set time user. It is therefore essential to sign contracts guaranteed power purchase.
PARÁGRAFO. In both modes the plant owners must comply with the rules of operation of the interconnected system and operating agreements.
If violating the commitments of energy supply to the penalties stipulated in the respective contracts, without prejudice to any other civil or criminal implications of character that result will be.

ARTICLE 32. Authorize the National Government to modify the corporate purpose of Interconnection Electrica SA, hereinafter will be to meet the operation and maintenance of network ownership, the expansion of the national grid interconnection, planning and coordination of the operation of the national grid and provide technical services in areas related to its corporate purpose.
Authorize, likewise, the national government to organize from generation assets currently owned Interconnection Electrica SA, a new company to be formed in a mixed economy company linked to the Ministry of Mines and Energy, dedicated to generate electricity. This new company will have assets, administrative and budgetary autonomy. PARAGRAPH 1.
. The National Dispatch Center will be an internal unit of the company in charge of the service of national interconnection constituted with assets currently owned by Electric Interconnection SA for planning, supervision and control of the operation and dispatch of resources in the system national grid, as well as other duties assigned by the Government. PARAGRAPH 2.
. The company in charge of the service of national interconnection will own resources from providing services office, electricity transmission, charges for access and use of their networks interconnection and technical services related to their function. PARAGRAPH 3.
. The company in charge of national interconnection service, may not participate in generation, commercialization and distribution of electricity.
PARÁGRAFO 4o. The staff ISA existing plant will be relocated in each of the two companies that gave rise, according to their current roles, respecting the acquired rights of workers.

PARÁGRAFO 5O. When the expansion of the National Network Interconnection is to be made through lines where the characteristics of the national network of interconnection with the regional transmission network are conjugated, the Regulatory Commission of Energy and Gas, will decide who runs this expansion in case of conflict.
PARÁGRAFO 6o. The authorization given to the Government to amend the corporate purpose of Electrica SA Interconnection, and to organize from its generation assets a new company, be used without prejudice to the commitments made by the Nation with companies in the electricity sector, previously the effective date of this Law, when it acquired the participation of these companies in the Electric Interconnection SA
CHAPTER VII.
OPERATION OF NATIONAL SYSTEM INTERCONNECTED.

ARTICLE 33. The operation of the interconnected system will be seeking to meet the demand for reliable, secure and service quality manner using available resources in economical and convenient way for the country.

ARTICLE 34. The National Dispatch Center shall have the following specific functions to be performed by sticking to the provisions of the Operational Regulations and agreements of the National Operation Council:

Editor's Notes
A) Plan the operation of generation resources, transmission interconnection and the national system, aiming at a safe, reliable and economic operation;
B) Exercise the coordination, monitoring, control and analysis of the operation of generation resources, interconnection and transmission including international interconnections;
C) Determine the value of trade resulting from the operation of the energy resources of the national grid;
D) Coordinate scheduling maintenance of the generating plants and transmission lines and interconnection of the national electricity grid;
E) report regularly to the National Operation Council about the actual and expected operation of the resources of the national grid and the risks to reliably meet demand;
F) To report violations or conduct contrary to Regulation of Operations;
G) Other powers conferred by this Law.
PARÁGRAFO. The National Dispatch Center shall have a Director who must meet the same requirements as the expert in article 15.

Editor's Notes
ARTICLE 35. The National Dispatch Center will coordinate its activities with Regional Dispatch Centers, with generation companies, the companies that own the networks interconnection and transmission and distribution companies.

ARTICLE 36. Create the National Operation Council that will have as main function to agree on the technical aspects to ensure the integrated operation of the national grid is safe, reliable and economical, and be the executor of the rules of operation organ.
The decisions of the National Operation Council may be appealed to the Energy Regulatory Commission and Gas.
National Operation Council will have a Technical Secretary whose requirements are the same required for the expert referred to in article 15, who participate in the meetings of the Council with voice but no vote.

ARTICLE 37. The National Operation Council shall be composed of one representative of each of the generation companies, connected to the national grid that has a greater than five percent (5%) of the national total installed capacity of two business representatives generation of national, departmental and municipal connected to the national grid, having an installed between one percent (1%) capacity and five percent (5%) of the national total, by a representative of the companies owning the national grid interconnection vote only on matters related to interconnection, by a representative of other generators connected to the national grid by the director of national Dispatch Center, who will speak but not to vote, and two representatives of distribution companies not primarily engaged in activities of generation, being at least one of them having the largest distribution market. The Energy Regulatory Commission and Gas will establish the frequency of its meetings.

ARTICLE 38.
electricity generators, distributors and operating interconnection and transmission networks will be required to provide and the right to receive timely and accurate manner the information required for the planning and operation of the interconnected system national and marketing of electricity. The information will be channeled through the National Dispatch Center and Regional Dispatch Centers, as appropriate.
CHAPTER VIII.
TARIFFS FOR ACCESS AND USE OF NETWORKS.

ARTICLE 39. The charges associated with access and use of networks of national grid cover, under optimal management conditions, investment costs of interconnection networks, transmission and distribution, according to the different voltage levels, including the opportunity cost of capital, management, operation and maintenance, under appropriate conditions of quality and reliability and sustainable development. These charges take into account criteria of financial viability.

ARTICLE 40. Fees for access to and use of networks of national grid should include the following charges:
a) A connection fee will cover the costs of the user's connection to the interconnection network;
B) A fixed charge associated with interconnection services;
C) A variable charge associated with transport services for network interconnection;

ARTICLE 41. The Energy Regulatory Commission and Gas will define the methodology for calculating and approve tariffs for access to and use of networks of national grid and the procedure to enforce payment. PARAGRAPH 1.
. Access fees to the networks are calculated considering, among other factors, the location of the load centers within regional networks and systems associated distribution, the actual costs of the transmission system or distribution system required to attend each center load and environmental conditions that may affect investment and maintenance. PARAGRAPH 2.
. Regulatory Commission of Energy and Gas will have a term of six (6) months from the effective date of this Act, to define and approve, in accordance with the provisions of the preceding paragraph, the methodology for calculating fees for access and use of networks and to define the procedure to make the payments for this item. If the Commission not defined and approved on time, companies may collect fees and charges that they have been registered for consideration, while the Energy Regulation Commission and Gas discloses the methodology and procedures.
CHAPTER IX.
REGIME ECONOMIC AND CHARGES FOR ELECTRICITY SALES.
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