Key Benefits:
REAL DECREE 419/1987, OF MARCH 6, PROVIDES THAT THE MINISTRY OF INDUSTRY AND ENERGY WILL ADAPT TO IT THE RULES GOVERNING THE ORGANIZATION AND OPERATION OF THE OFFICE OF COMPENSATION OF ELECTRIC ENERGY (OFICO), WHICH WAS CONTAINED IN THE ORDER OF MAY 10, 1982 (
IN HIS VIRTUE, THIS MINISTRY HAS HAD WELL TO DISPOSE:
FIRST. THE ORDINANCES OF THE OFFICE OF COMPENSATION FOR ELECTRICAL ENERGY (OFICO), WHICH ARE LISTED AS ANNEX TO THIS ORDER, ARE HEREBY APPROVED.
SECOND. THE ORDER OF 10 MAY 1982 FOR THE APPROVAL OF THE ORDERS OF TRAFFIC AND ANY OTHER PROVISION OF THE SAME OR LESSER RANK SHALL BE REPEALED IN SO FAR AS IT OBJECTS TO THE PROVISIONS OF THIS ORDER.
THIRD. THIS ORDER WILL TAKE EFFECT THE DAY AFTER YOUR PUBLICATION IN THE
TRANSIENT DISPOSITION
AT THE FIRST MEETING TO BE HELD BY THE ADMINISTRATIVE BOARD AFTER THE ENTRY INTO FORCE OF THIS ORDER, THE BOARD SHALL DETERMINE THE DATE OF HOLDING OF ELECTIONS FOR VOWELS, IN WHICH THE VACANCIES OF THOSE TO BE FILLED SHALL BE COVERED. WHO IS TO CEASE IN 1987, AND THE TWO NEW VOWELS WILL BE CHOSEN IN WHICH THE NUMBER OF ELECTIVES INCREASES. THE NEW APPOINTMENTS OF THE POSTS APPOINTED BY THIS MINISTRY WILL BE VERIFIED WITHIN THE PERIOD UNTIL THIS ELECTION. IN 1989, THE ELECTIONS FOR THE RENEWAL OF POSTS ELECTED IN 1985 AND 1986 SHALL BE CALLED AGAIN, IN ACCORDANCE WITH THE RULES FOR THE RENEWAL OF VOWELS CONTAINED IN THE AMENDMENTS TO THE ORDINANCES ADOPTED BY THIS ORDER.
WHAT I COMMUNICATE TO V. I. FOR ITS KNOWLEDGE AND EFFECTS.
MADRID, 21 MAY 1987.
BATISTA CROISSIER
ILMO. MR. GOVERNMENT DELEGATE TO THE OPERATION OF THE ELECTRICAL SYSTEM.
ANNEX ORDINANCES OF THE OFFICE OF COMPENSATION FOR ELECTRICAL ENERGY (OFICO)
TITLE FIRST
GENERALPROVISIONS CHAPTER FIRST NAME, OBJECT AND ADDRESS
ARTICLE 1. THE OFFICE OF COMPENSATION FOR ELECTRICAL ENERGY (OFICO) HAS AS ITS MAIN MISSION THE MANAGEMENT OF THE COMPENSATION SCHEME ESTABLISHED IN DECREE 3561/1972 OF 21 DECEMBER (
ART. 2. FOR ALL LEGAL PURPOSES, AND IN PARTICULAR FOR TAX PURPOSES, IT IS UNDERSTOOD THAT ALL OPERATIONS, ACTS AND DOCUMENTS ARISING FROM THE OPERATION OF THE TRAFFIC ARE CARRIED OUT IN COMPLIANCE WITH THE PROVISIONS OF DECREE 3561/1972, OF 21 DECEMBER, AND ITS ACCOMPANYING PROVISIONS, AS WELL AS THE INSTRUCTIONS WHICH, IN APPLICATION THEREOF, MAY BE GIVEN IN EACH CASE BY THE MINISTRY OF INDUSTRY AND ENERGY.
ART. 3. THE SERVICES OF THE OFFICE OF COMPENSATION FOR ELECTRICITY WILL BE LOCATED IN MADRID.
CHAPTER II
MEMBERS, THEIR CLASSIFICATION, RIGHTS AND OBLIGATIONS
ART. 4.1. THEY ARE MEMBERS OF THE OFICO:
A) ALL ELECTRIC UTILITIES THAT A3561/1972, OF DECEMBER 21, INVOICED ELECTRIC POWER ACCORDING TO THE UNIFIED CEILING RATES, SUBSEQUENTLY INCORPORATED INTO THE INTEGRATED SYSTEM OF ELECTRIC ENERGY BILLING (SIFE), WHICH THEY HAVE NOT SUBSEQUENTLY BEEN BROUGHT DOWN, AND ALL THOSE WHO ARE BENEFICIARIES OF COMPENSATION FROM THIS SYSTEM MAY BE LIABLE FOR COMPENSATION FOR THE EXTINGUISHING SYSTEMS.
B) THE COMPANIES THAT DID NOT APPLY THE UNIFIED AND SUBSEQUENT FEES, WHICH HAVE APPLIED FOR THEIR INCORPORATION INTO THE SIFE, HAVING BEEN RESOLVED FAVOURABLY BY THE GENERAL DIRECTORATE OF THE ENERGY AND FULFILLED BY THE SAME COMPANIES THE PRECISE FORMALITIES FOR THEIR INCORPORATION TO THE OFICO, WITHOUT HAVING CAUSED LOW SUBSEQUENTLY IN THE SIFE.
2. THEY SHALL APPLY FOR INCLUSION IN THE OFICO:
A) THE COMPANIES THAT ARE IN THE FUTURE AND THOSE THAT DO NOT APPLY THE RATES OF THE SIFE THAT WISH TO JOIN THIS SYSTEM TO THE PUBLICATION OF THESE ORDINANCES, WHEN THIS INCORPORATION HAS BEEN APPROVED BY THE GENERAL DIRECTION OF ENERGY.
B) COMPANIES ONLY PRODUCING COMPANIES THAT DELIVER THEIR PRODUCTION TO THE SIFE, AND WHICH MAY HAVE THE RIGHT TO COMPENSATION, ALTHOUGH THE PERCEPTION OF SUCH COMPENSATION MUST BE AUTHORIZED IN ADVANCE BY THE DELEGATION OF THE GOVERNMENT IN THE OPERATION OF THE ELECTRICAL SYSTEM.
3. THE NEW REGISTRATION COMPANIES SHALL PAY THE CORRESPONDING QUOTA APPROVED BY THE GOVERNMENT DELEGATION TO THE HOLDING OF THE ELECTRICAL SYSTEM, ON A PROPOSAL FROM THE ADMINISTRATIVE BOARD OF THE ICO AND SHALL TRANSMIT THE DOCUMENTATION REQUIRED TO THIS EFLECT.
4. THEY WILL LOSE THEIR STATUS AS MEMBERS OF THE OPPOSITION, THOSE COMPANIES THAT FOR WHATEVER REASON CAUSE LOW IN THE SIFE.
ART. 5. ELECTRICAL UNDERTAKINGS WHICH ARE NOT MEMBERS OF THE ICO SHALL BE GOVERNED BY THE SPECIFIC PROVISIONS WHICH GIVE THE GENERAL DIRECTION OF ENERGY IN EACH CASE.
ART. 6. EACH MEMBER COMPANY OF THE ICO WILL BE AWARDED A CORRELATIVE REGISTRATION NUMBER, WHICH WILL BE PRINTED ON ALL THE RECEIPTS OF ELECTRIC ENERGY BILLING THAT THE COMPANY CAN EXTEND.
ART. 7.1. THE MEMBER COMPANIES OF THE ICO ARE CLASSIFIED IN THE FOLLOWING GROUPS:
GROUP A. COMPANIES THAT RAISE FUNDS FOR THE TRAFFIC.
SPLIT IN TURN TO:
SUBGROUP A. 1. COMPANIES BENEFITING FROM THE INTEGRATED ELECTRICITY BILLING SYSTEM WHICH INVOICED LESS THAN 200 MILLION KWH PER YEAR AND IN THE CAPITAL OF WHICH THE MAJORITY OF THE COMPANIES IN SUB-GROUP A. 2 ARE NOT INVOLVED.
SUBGROUP A. 2. THE OTHER COMPANIES THAT HAVE RECEIVED THE INTEGRATED ELECTRICITY BILLING SYSTEM.
GROUP B. COMPANIES BENEFITING FROM THE TRADE COMPENSATIONS.
FALL INTO: SUBGROUP B. 1. COMPANIES WITH THE RIGHT TO COMPENSATION FOR ELECTRICITY TARIFFS WITH SPECIFIC COMPENSABLE CONDITIONS.
SUBGROUP B.
2. COMPANIES ENTITLED TO COMPENSATION FOR FUEL CONSUMPTION IN THEIR THERMAL POWER STATIONS.
SUBGROUP B. 3. ELECTRICITY COMPANIES WHICH HAVE THE RIGHT TO COMPENSATION FOR HOLDINGS OUTSIDE THE INSULATIONS.2 AN ELECTRICAL UNDERTAKING WHICH HAS AN OUTSTANDING AMOUNT OF CHARGE FOR OTHER CONCEPTS OR THE RIGHT TO RECEIVE ANY OTHER COMPENSATION NOT INCLUDED IN THE PRECEDING SUB-GROUPS SHALL BE ADDED TO SUB-GROUP B. 2, UNLESS THE GOVERNMENT DELEGATION TO THE OPERATION OF THE ELECTRICAL SYSTEM RESOLVES ITS INCORPORATION TO B. 1 OR B. 3 FOR REASONS OF GREATER SIMILARITY WITH THE COMPENSATION OF THE COMPANIES INCLUDED IN THE SAME.
3. COMPANIES IN ANY OF THE SUB-GROUPS OF THE GROUP A MAY BELONG SIMULTANEOUSLY TO ONE OR MORE OF THE SUB-GROUPS B. 1, B. 2 AND B. 3, AND MAY ALSO BELONG TO ONE OR MORE OF THESE SUB-GROUPS OF SUB-GROUPS OF SUB-GROUPS B. 1, B. 2 AND B. 3
.4. THE CLASSIFICATION OF UNDERTAKINGS IN THE GROUPS AND SUB-GROUPS TO WHICH THEY ARE RESPONSIBLE SHALL BE MADE BY THE ICO, WHICH MAY OBTAIN FROM THOSE GROUPS THE DATA DEEMED NECESSARY FOR THIS PURPOSE.
5. THE CHANGE IN THE CLASSIFICATION CIRCUMSTANCES OF AN UNDERTAKING SHALL ENTAIL THE CHANGE OF GROUP OR SUBGROUP, WITHOUT THEREBY ALTERING ITS REGISTRATION NUMBER.
ART. 8. MEMBERS OF THE ICO SHALL HAVE THE RIGHTS INDICATED BY THESE ORDINANCES AND SPECIFICALLY THOSE OF:
1. TO RECEIVE THE COMPENSATION REQUESTED AND CORRESPOND TO THEM IN ACCORDANCE WITH THE PROVISIONS IN FORCE.
2. CHOOSE AND BE ELECTED TO THE POSTS OF THE ADMINISTRATIVE BOARD.
3. RECEIVE FROM THIS INFORMATION ABOUT THEIR ACTIVITIES AND, IN PARTICULAR, ABOUT THE STATUS OF THEIR ACCOUNTS.
4. TO DO DIRECTLY, OR THROUGH THEIR REPRESENTATIVES ON THE ADMINISTRATIVE BOARD, THE PROPOSALS THEY CREATE SUITABLE FOR THE BEST FULFILLMENT OF THE OBJECTIVES OF THE ICO.
5. APPEAL TO THE MINISTER OF INDUSTRY AND ENERGY AGAINST THE AGREEMENTS OF THE ADMINISTRATIVE BOARD AND THE PRESIDENT.
ART. 9. MEMBERS OF THE ICO SHALL HAVE THE FOLLOWING OBLIGATIONS:
1. TO REFLECT IN A SPECIAL ACCOUNT ALL THE AMOUNTS COLLECTED FOR THE TRAFFIC, TO BE DELIVERED TO IT, AS WELL AS ANY FUNDS THAT CORRESPOND TO IT, WITHIN THE TIME LIMITS AND FORM THAT THE GOVERNMENT DELEGATION HAS IN THE OPERATION OF THE SYSTEM ELECTRIC.
2. TO PROVIDE THE INFORMATION REQUESTED BY THE ICO FOR THE FULFILLMENT OF ITS MISSION, WITHIN THE DEADLINES THAT WILL BE INDICATED, WHICH WILL BE 15 DAYS, ONE MONTH OR THREE MONTHS, DEPENDING ON THE NATURE OF THE DATA TO BE PROVIDED.
3. TO ALLOW AND FACILITATE INSPECTIONS TO VERIFY THEIR DECLARATIONS.
4. TO COMPLY PROMPTLY WITH THE AGREEMENTS TO BE ADOPTED BY THE GOVERNING BODIES OF THE ICO, IN ACCORDANCE WITH THE PROVISIONS OF THESE ORDINANCES.
ART. 10. THE OPERATING COSTS OF THE TRAFFIC SHALL BE SATISFIED BY ITS OWN RESOURCES, THE PORTION OF ITS REGULAR REVENUE BEING ALLOCATED TO THIS END FOR THE SHARE OF THE ELECTRICITY RATES AGREED BY THE ADMINISTRATIVE BOARD WITH A LIMIT. MAXIMO OF 1 PER 100 OF THE SAME. THIS LIMIT MAY ONLY BE AMENDED, FOR JUSTIFIED REASONS, BY THE GOVERNMENT DELEGATE ON THE HOLDING OF THE ELECTRICAL SYSTEM.
BETWEEN THE OPERATING EXPENSES OF THE TRAFFIC WILL INCLUDE THOSE CAUSED BY THE CONDUCT OF THE STUDIES, REPORTS AND OTHER WORKS ENTRUSTED TO IT BY THE GENERAL DIRECTION OF THE ENERGY OR THE GOVERNMENT DELEGATION IN THE OPERATION OF THE ELECTRICAL SYSTEM.
ART. 11. IN THE EVENT OF DISSOLUTION OF THE TRAFFIC, THE GOVERNMENT SHALL DETERMINE, IN ADVANCE OF THE APPROPRIATE LIQUIDATION, THE DESTINATION TO BE GIVEN TO THE REMAINING MEMBER, ONCE IT HAS FULFILLED ITS OBLIGATIONS WITH ITS PERSONNEL, THIRD PARTIES AND MEMBER COMPANIES.
TITLE II
GOVERNING BODIES AND INTERVENTION
CHAPTER FIRST
GOVERNING BODIES
ART. 12. THE TRAFFIC SHALL BE GOVERNED BY THE FOLLOWING GOVERNING BODIES:
A) THE ADMINISTRATIVE BOARD.
B) THE PRESIDENT.
C) THE DIRECTOR.
CHAPTER II
THE ADMINISTRATIVE BOARD
ART. 13. 1. THE ADMINISTRATIVE BOARD SHALL BE COMPOSED OF THE PRESIDENT AND THE DIRECTOR, AS VOWELS AND 16 MORE VOWELS, EIGHT OF FREE DESIGNATION AND EIGHT ELECTIVES, THE LATTER REPRESENTING THE MEMBER COMPANIES.
THE PRESIDENT OF THE OFICO WILL HOLD THE PRESIDENCY OF THE BOARD, BEING ABLE TO DELEGATE IT TO THE DIRECTOR.
2. THE APPOINTMENT AND REMOVAL OF THE VOWELS OF FREE DESIGNATION SHALL BE CARRIED OUT BY THE SECRETARY GENERAL OF ENERGY AT THE PROPOSAL OF THE GOVERNMENT DELEGATE IN THE OPERATION OF THE ELECTRICAL SYSTEM.
3. THEY ARE ELECTIVE VOWELS: EIGHT REPRESENTING MEMBERS OF THE ICO, FOUR REPRESENTING THE MEMBERS OF THE GROUP A AND FOUR REPRESENTING THOSE OF GROUP B. ONE OF THE GROUP A WILL BE ELECTED BY THE MEMBERS OF THE SUBGROUP A. 1 AND THREE BY THOSE OF SUBGROUP A. 2. THE REPRESENTATIVES OF GROUP B SHALL BE CHOSEN SEPARATELY: ONE FOR THOSE BELONGING TO SUB-GROUP B. 1, TWO TO SUB-GROUP B. 2 AND ONE TO B. 3. THE RENEWAL OF THE ELECTIVE VOWELS WILL BE CARRIED OUT AT THE RATE OF HALF OF EACH GROUP EVERY TWO YEARS, WITH ITS RE-ELECTION BEING ADMISSIBLE WITHOUT ANY LIMITATION.
THE ADMINISTRATIVE BOARD SHALL DETERMINE THE DATE OF THE ELECTION, IN ACCORDANCE WITH THE RELEVANT CALL, WHICH SHALL BE MADE AT LEAST 20 DAYS IN ADVANCE, BY PUBLICATION IN THE
ELECTIVE VOICE CHARGES SHALL BE ATTRIBUTED TO MEMBER COMPANIES OF THE ICO, BELONGING TO EACH OF THEM TO THE SUB-GROUP TO BE REPRESENTED, WHICH SHALL ACT BY MEANS OF A REPRESENTATIVE REPRESENTATIVE, WHOSE DESIGNATION OR REMOVAL SHALL COMMUNICATE TO THE PRESIDENT IN WRITING. IN THE SAME WAY, THEY SHALL APPOINT OR REMOVE AN ALTERNATE REPRESENTATIVE WHO CAN REPLACE THE HOLDER IN HIS OR HER ABSENCES. SUCH COMMUNICATIONS SHALL NOT BE EFFECTIVE UNTIL 30 DAYS AFTER RECEIPT.
A COMPANY MAY NOT BE A REPRESENTATIVE OF TWO DIFFERENT SUBGROUPS.
WHEN A VACANCY OCCURS BETWEEN THE ELECTED MEMBERS OF THE ADMINISTRATIVE BOARD, BY RESIGNATION OR BY ANY OTHER CAUSE, IT MAY BE PROVISIONALLY PROVIDED BY THE ELECTION OF THE OTHER ELECTED MEMBERS OF THE BOARD OF DIRECTORS. SUB-GROUP FOR WHICH THE VACANCY HAS OCCURRED, AS LONG AS A NEW ELECTION IS NOT MADE, WHICH MAY NOT BE DELAYED FOR MORE THAN ONE YEAR.
IF THE VACANCY OCCURS BY EXTINCTION OF A SUBGROUP, A VOICE REPRESENTING THE WHOLE GROUP SHALL BE DESIGNATED TO BELONG TO THE EXTINGUISHING GROUP.
ART. 14. IN THE ELECTION OF THE VOWELS REPRESENTATIVES OF THE COMPANIES ON THE ADMINISTRATIVE BOARD WILL PARTICIPATE ALL THOSE WHO ARE MEMBERS OF THE OFICO.
COMPANIES BELONGING TO EACH OF THE SUB-GROUPS DEFINED IN ARTICLE 7. THEY SHALL ELECT THEIR REPRESENTATIVES SEPARATELY, HAVING ONE VOTE FOR EACH OF THE VALUATION UNITS LISTED BELOW:
IN GROUP A (SUB-GROUPS A. 1 AND A. 2): A VOLUME OF DISTRIBUTION TO FINAL CONSUMERS AND DISTRIBUTORS WHO DO NOT DIRECTLY DELIVER THEIR QUOTAS OF 15 MILLION KWH INVOICED IN THE PREVIOUS YEAR.
SUBGROUP A. 2 COMPANIES WILL ELECT THREE REPRESENTATIVES.
IN GROUP B: SUBGROUP B. 1: AN ANNUAL TURNOVER VOLUME TO USERS WITH SPECIFIC CONDITIONS ENTITLED TO COMPENSATION OF 15 MILLION KWH OR FRACTION.
SUBGROUP B. 2: AN ANNUAL CONSUMPTION OF 100,000 TONNES OF NATIONAL COAL, ANTHRACITE OR BLACK LIGNITE IN ITS OWN THERMAL POWER PLANTS, FOR THE PUBLIC SERVICE, OR 500 MILLION TERMINE, REFERRED TO ABOVE, OF OTHER COMPENSATED FUELS. THESE COMPANIES WILL ELECT TWO REPRESENTATIVES.
SUB-GROUP B. 3: AN ANNUAL TURNOVER VOLUME, IN PROVINCES OR EXTRA-ISLAND PLACES, OF 15 MILLION KWH OR FRACTION.FOR UNDERTAKINGS ADDED TO ONE OF THE SUB-GROUPS B REFERRED TO IN ARTICLE 7 (2): AN AMOUNT PENDING PAYMENT FOR COMPENSATION NOT INCLUDED IN THE PREVIOUS THREE SUB-GROUPS, EQUIVALENT TO THE AMOUNT OF THE AVERAGE COMPENSATION OF A SUB-GROUP VALUATION UNIT TO WHICH THE UNDERTAKING CONCERNED IS AGGREGATED.
ART. 15. THE REPRESENTATIVE OF ONE OF THE MEMBERS OF THE ADMINISTRATIVE BOARD SHALL BE VICE-PRESIDENT OF THE ADMINISTRATIVE BOARD, WHO SHALL BE ELECTED BY THEM. THE VICE-PRESIDENT SHALL REPLACE THE PRESIDENT OR THE DIRECTOR WITH A VACANCY, ABSENCE OR DISEASE, IN THE EVENT THAT HE HAS BEEN DELEGATED TO THE PRESIDENCY.
WILL PERFORM THE DUTIES OF SECRETARY OF THE ADMINISTRATIVE BOARD.
MAY ATTEND THE MEETINGS OF THE ADMINISTRATIVE BOARD WITH A VOICE BUT WITHOUT A VOTE, THE FINANCIAL CONTROLLER DELEGATED THE GENERAL INTERVENTION OF THE STATE ADMINISTRATION AND THOSE PERSONS WHO, DUE TO THEIR SUITABILITY, AUTHORIZE THE PRESIDENT.
ART. 16. THE ADMINISTRATIVE BOARD SHALL MEET ON A REGULAR BASIS EVERY TWO MONTHS, AND THE PRESIDENT MAY CONVENE IT ON HIS OWN INITIATIVE OR AT THE REQUEST OF AT LEAST TWO OF HIS MEMBERS. THE CALLS SHALL BE MADE AT LEAST 48 HOURS IN ADVANCE. FOR THE VALIDITY OF THEIR CONSTITUTION IT WILL BE NECESSARY FOR THEM TO ATTEND THE SESSION IN PERSON, IN THE FIRST CALL, MORE THAN HALF OF THEIR MEMBERS. IF THIS QUORUM IS NOT OBTAINED, THE MEETING MAY BE CONVENED ON A SECOND CALL, WITH A MINIMUM INTERVAL OF 24 HOURS, THE PRESENCE OF THE PRESIDENT AND FOUR VOWELS BEING SUFFICIENT.
IF YOUR ATTENDANCE IS NOT POSSIBLE FOR ANY VOCAL HOLDER, NOR CAN HIS OR HER ALTERNATE ATTEND, THE HOLDER MAY DELEGATE HIS REPRESENTATION TO THE PRESIDENT, THE DIRECTOR OR ANOTHER VOICE.
ART. 17. FOR THE FUNCTIONING OF THE ADMINISTRATIVE BOARD, THE PROVISIONS OF CHAPTER II OF TITLE I OF THE CURRENT LAW OF ADMINISTRATIVE PROCEDURE OF 17 JULY 1958 SHALL APPLY AS SOON AS THEY ARE NOT EXPRESSLY REGULATED BY THESE ORDINANCES.
ART. 18. THEY CORRESPOND TO THE ADMINISTRATIVE BOARD, WITHOUT PREJUDICE TO THE POWERS OF THE OTHER GOVERNING BODIES, THE FUNCTIONS OF MANAGEMENT AND ADMINISTRATION OF THE TRAFFIC IN GENERAL, AND IN PARTICULAR:
(A) APPROVE AND MOVE THE GOVERNMENT DELEGATION TO THE OPERATION OF THE ELECTRICAL SYSTEM WITHIN THE FIRST FIVE MONTHS OF EACH YEAR, THE MEMORY, BALANCE AND ACCOUNTS OF THE TRAFFIC, CORRESPONDING TO THE PREVIOUS ECONOMIC YEAR.
B) AGREE TO THE CONCLUSION OF ALL KINDS OF CONTRACTS THAT ARE SUITABLE FOR THE FULFILMENT OF THE PURPOSES OF THE ICO, INCLUDING THE CONCERTATION OF LOANS OR LINES OF CREDIT FOR THE ATTENTION OF THEIR OBLIGATIONS UP TO AN AMOUNT CUMULATIVE MAXIMUM OF 10 PER 100 OF ITS COLLECTION IN THE PREVIOUS YEAR AND FOR PERIODS NOT EXCEEDING FIVE YEARS. IN ORDER TO EXCEED THESE LIMITS, THE GOVERNMENT DELEGATE WILL NEED PRIOR AUTHORIZATION IN THE OPERATION OF THE ELECTRICAL SYSTEM.
C) TO PROPOSE TO THE GOVERNMENT DELEGATION IN THE OPERATION OF THE ELECTRICITY SYSTEM THE DEADLINES AND THE WAY IN WHICH THE MEMBERS OF THE OFICO WILL HAVE TO GIVE HIM THE RESOURCES THAT CORRESPOND TO HIM.
D) TO ESTABLISH THE GENERAL CRITERIA TO BE FOLLOWED BY THE OFFICE TO PREPARE THE COMPENSATION PROPOSALS, TO TRANSFER THESE TO THE GOVERNMENT DELEGATION IN THE OPERATION OF THE ELECTRICAL SYSTEM AND TO MONITOR THE PROPER COMPLIANCE OF THE RESOLUTIONS OF THAT EXECUTIVE CENTRE ON THE SUBJECT.
(E) AGREE ON THE PRACTICE OF ALL APPROPRIATE INSPECTIONS, WITH A VIEW TO VERIFYING COMPLIANCE BY THE INTEGRATED UNDERTAKINGS IN THE CONTEXT OF THEIR OBLIGATIONS.
F) AUTHORIZE THE NECESSARY EXPENSES FOR THE OPERATION OF THE OFFICE.
G) TO APPOINT THE STAFF OF THE ICO AND TO AGREE TO THEIR EESC WHERE APPROPRIATE.
H) TO DETERMINE THE REMUNERATION OF THE DIRECTOR AND THE DIRECTOR, IN ACCORDANCE WITH APPLICABLE LABOUR LAW.
I) TO APPROVE, WITHIN THE LIMITS OF THE MINISTRY OF INDUSTRY AND ENERGY, THE CONCERTS WHICH CAN BE ESTABLISHED FOR THE COLLECTION OF THE REVENUE CORRESPONDING TO THE TRAFFIC.
(J) RESOLVE THE CASES OF DISCREPANCY OF MEMBER UNDERTAKINGS WITH THE INSPECTION OF THE TRAFFIC AND IMPOSE, IN ACCORDANCE WITH THE PROVISIONS OF THE ORDINANCES, THE PENALTIES PROVIDED FOR BY THE INFRINGEMENTS WHICH MAY BE COMMITTED BY THE MEMBER STATES. COMPANY.
THE ADMINISTRATIVE BOARD MAY TEMPORARILY OR PERMANENTLY DELEGATE TO THE PRESIDENT THE PRIVILEGES REFERRED TO IN PARAGRAPHS (B), (E), (G), (H) AND (I) ABOVE. IT MAY ALSO APPOINT PROXIES WITH THE POWERS IT DEEMS APPROPRIATE.
CHAPTER III
THE PRESIDENT
ART. 19. THE GOVERNMENT DELEGATE WILL BE PRESIDENT OF THE GOVERNMENT IN THE OPERATION OF THE ELECTRICITY SYSTEM.
THE PRESIDENT OF THE OFICO, WHOM THE PRESIDENCY OF THE ADMINISTRATIVE BOARD ALSO CORRESPONDS, WILL ENSURE THAT THE BOARD ' S AGREEMENTS, WHICH IT PERMANENTLY REPRESENTS WITH THE BROADEST POWERS TO TAKE, ARE COMPLIED WITH. THE INTERIM MEASURES THAT IT DEEMS APPROPRIATE TO THE INTERESTS OF THE ICO, FOLLOWING THE ADMINISTRATIVE BOARD IN THE IMMEDIATE MEETING, ARE URGENT.
WILL BE FUNCTIONS OF THE PRESIDENT:
1. TO EXERCISE THE HIGH MANAGEMENT OF ALL THE SERVICES OF THE TRAFFIC AND THE SIGNATURE AND REPRESENTATION OF THE SAME TO ALL THE EFFECTS.
2. FIX THE ALLOWANCES OR ALLOWANCES CORRESPONDING TO THE MEMBERS OF THE BOARD AND THE FINANCIAL CONTROLLER FOR ATTENDING MEETINGS OF THE BOARD AND THE PERFORMANCE OF OTHER FUNCTIONS.
3. TO ISSUE REPORTS THAT THE DIRECTORATE-GENERAL FOR ENERGY REQUESTS FROM THE ICO ON MATTERS FALLING WITHIN ITS COMPETENCE.
THE PRESIDENT MAY DELEGATE THE POWERS HE DEEMS APPROPRIATE TO THE DIRECTOR OF THE OFFICE.
CHAPTER IV
THE DIRECTOR
ART. 20. THE MANAGEMENT OF THE TRAFFIC SHALL BE THE RESPONSIBILITY OF A DIRECTOR, APPOINTED BY THE MINISTER OF INDUSTRY AND ENERGY, AT THE PROPOSAL OF THE GOVERNMENT DELEGATE IN THE OPERATION OF THE ELECTRICAL SYSTEM. IN THE COURSE OF HIS DUTIES, THE DIRECTOR OF THE OFFICE SHALL BE ASSISTED BY THE MEMBERS OF THE ADMINISTRATIVE BOARD APPOINTED BY THE CHAIRMAN.
WILL CARRY OUT THE IMMEDIATE DIRECTION OF THE ICO, HOLDING THE LEADERSHIP OF ALL ITS SERVICES AND CARRYING OUT THE DUTIES ENTRUSTED TO IT BY THE ADMINISTRATIVE BOARD OR THE PRESIDENT.
CHAPTER V
THE INTERVENTOR
ART. 21. IN ORDER TO ACHIEVE EFFECTIVE CONTROL OVER ALL ACTS, DOCUMENTS AND FILES OF THE ICO, RESULTING FROM THE RIGHTS AND OBLIGATIONS OF ECONOMIC CONTENT FOR IT AND UNDERTAKINGS IN THE ELECTRICITY SECTOR, THE GENERAL INTERVIEW OF THE ADMINISTRATION OF THE STATE SHALL APPOINT AN INTERVENOR-DELEGATE, WHO SHALL APPLY CRITERIA SIMILAR TO THOSE PROVIDED FOR IN ARTICLES 92 AND FOLLOWING OF LAW 11/1977, GENERAL BUDGET, OF 4 JANUARY.
TITLE III
OFFICE OPERATION
CHAPTER FIRST
GENERAL PROCEDURE
ART. 22. THE RECOVERY AND ACCOUNTING OPERATIONS OF THE QUANTITIES TO BE COLLECTED BY THE ELECTRICITY UNDERTAKINGS, AS WELL AS THE DISTRIBUTION OF SUCH QUANTITIES FOR THE PURPOSES FOR WHICH THEY ARE INTENDED, SHALL BE ORDERED IN ACCORDANCE WITH THE RULES. WHICH, WITHIN THE LEGAL LIMITS, ESTABLISHES THE ADMINISTRATIVE BOARD, ACCORDING TO THE CRITERIA OF ACCOUNTING GUARANTEE AND SIMPLIFICATION OF FORMALITIES.
THE DISTRIBUTION OF FUNDS AVAILABLE FOR THE VARIOUS PURPOSES SHALL BE MADE TAKING INTO ACCOUNT THE PROVISIONS OF ARTICLE 10 OF THIS ORDINANCE.
ART. 23. ALL DOCUMENTS RELATING TO THE WINDING UP OF THE OPERATIONS REFERRED TO IN THE PRECEDING ARTICLE SHALL BE KEPT, DULY CLASSIFIED, AS LONG AS THE CORRESPONDING LEGAL DEADLINES HAVE NOT EXPIRED, IN ORDER TO PROVIDE THE SAME GREATER WARRANTY.
ART. 24. THE SECRETARIAT OF THE BUREAU SHALL DISTRIBUTE PERIODIC STATISTICS TO THE MEMBERS OF THE ADMINISTRATIVE BOARD OF THE OPERATIONS FOR THE COLLECTION AND PAYMENT OF THE QUANTITIES, IN ORDER TO ENABLE THEM TO CONTINUE IN DETAIL THE PROGRESS OF THESE OPERATIONS AND AUDIT POSSIBLE ERRORS IN THE SAME.
CHAPTER II
ACCOUNTING REGIME FOR THE RESOURCES OF THE OFICO
ART. 25. THE ACCOUNTING OF FERTILISERS IN THE FIELD OF TRAFFIC SHALL NORMALLY BE MADE ON THE BASIS OF THE DECLARATIONS SYSTEM. HOWEVER, THE BOARD MAY, WITHIN THE LIMITS OF THE GOVERNMENT ' S DELEGATION IN THE OPERATION OF THE ELECTRICAL SYSTEM, PROVIDE THE ANNUAL CONCERT SYSTEM TO THOSE UNDERTAKINGS WHICH DO NOT EXCEED THE MAXIMUM TURNOVER OR PRODUCTION CEILING. THAT IT IS FIJE.
ART. 26. THE DECLARATIONS SHALL BE ADAPTED TO THE STANDARD MODELS TO BE SET BY THE ADMINISTRATIVE BOARD. THE DETAILS OF THESE MODELS SHALL BE SUCH AS TO PERMIT THE EASY VERIFICATION, AT ANY TIME, OF THE DATA CONTAINED IN THE DECLARATIONS MADE WITH THE COMPANIES ' ACCOUNTING RECORDS. THEY SHALL ALWAYS REFER TO ACTUAL RESULTS, INDICATING THE FREQUENCY AND TIME LIMITS IN WHICH THEY ARE TO BE PRESENTED.
ART. 27. IF CASE, RECOVERY CONCERTS MAY HAVE TWO MODALITIES AT THE INITIATIVE OF THE ADMINISTRATIVE BOARD: FIRST, IT MAY BE PAID OUT OF A QUANTITY RAISED, PERIODICALLY OR AT ONCE, ON ACCOUNT OF AN ANNUAL GENERAL SETTLEMENT ON A GUARANTEE BASIS IT IS CONSIDERED SUFFICIENT, AND SECOND, TO CREDIT A FIXED AMOUNT, PAID PERIODICALLY OR AT ONCE, WHICH WOULD BE FIRM DEFINITIVELY WITHOUT TAKING INTO ACCOUNT THE ACTUAL RESULT OF THE EXERCISE FOR THE COMPANY.
ART. 28. THE CONCERTS WILL BE APPROVED BY THE ADMINISTRATIVE BOARD, WHICH CAN BE REVIEWED ANNUALLY. AT THE END OF THE CONCERT, THE ADMINISTRATIVE BOARD MAY DETERMINE THAT THE UNDERTAKING IN QUESTION WILL BE ABLE TO LIQUIDATE ITS REVENUE FROM THE SYSTEM OF SWORN STATEMENTS.
CHAPTER III
DISTRIBUTION OF COMPENSATION AND OTHER ACCRUALS
ART. 29. THE TRAFFIC SHALL DISTRIBUTE THE QUANTITIES FROM ITS REVENUE, IN ACCORDANCE WITH DECREE 3561/1972 OF 21 DECEMBER, AND OTHER RULES OF APPLICATION.
ART. 30. THE COMPANIES IN GROUP B SHALL DEMONSTRATE TO THE ICO THE COMPETITION IN THEM OF THOSE CIRCUMSTANCES WHICH, ACCORDING TO THE RULES MENTIONED IN THE PREVIOUS ARTICLE, GIVE THE RIGHT TO RECEIVE COMPENSATION AND ACCRUALS FROM THE TRAFFIC. THE ADMINISTRATIVE BOARD SHALL DETERMINE THE CONDITIONS OF THIS PROCEDURE, REQUIRING THE GUARANTEES TO BE DEEMED APPROPRIATE FOR THE VERACITY OF THESE STATEMENTS.
ART. 31. 1. THE COMPANY WILL MAKE MONTHLY DISTRIBUTIONS OF THE FUNDS COLLECTED, AMONG THE COMPANIES ENTITLED TO COMPENSATION, IN ACCORDANCE WITH THE PROVISIONS OF THE MINISTRY OF INDUSTRY AND ENERGY.
ELECTRICITY COMPANIES DEEMED TO BE ENTITLED TO THE PAYMENT OF COMPENSATION SHALL SUBMIT MONTHLY IN THE TRAFFIC, BEFORE THE DATE SET BY THE ADMINISTRATIVE BOARD, THE APPLICATION FOR THE PREVIOUS MONTH, ACCOMPANIED BY APPROPRIATE SUPPORTING DOCUMENTS.
THE OFIC SHALL, PROVISIONALLY AND WITHIN A PERIOD NOT EXCEEDING ONE MONTH, APPROVE, REFUSE OR RECTIFY THESE REQUESTS OR, WHERE APPROPRIATE, REQUEST THE DOCUMENTATION OR SUPPLEMENTARY INFORMATION WHICH IT REQUIRES. IF YOU REQUEST DOCUMENTATION OR ADDITIONAL INFORMATION FROM THE COMPANY, YOU MUST ADOPT THE RELEVANT RESOLUTION WITHIN THE MONTH FOLLOWING YOUR CONTRIBUTION. APPLICATIONS SUBMITTED OR SUPPLEMENTED AFTER THE DATE INDICATED SHALL BE ENTERED IN THE FOLLOWING MONTHS FOR STUDY AND RESOLUTION.
IN COMPLIANCE WITH THE PROVISIONAL RESOLUTION, O FICO WILL PAY IN THE FOLLOWING DISTRIBUTION OF FUNDS THE PERCENTAGE OF THE COMPENSATION AUTHORIZED, FOR THIS PURPOSE, BY THE GOVERNMENT DELEGATION IN THE OPERATION OF THE ELECTRICAL SYSTEM.
IN ANY MONTH ' S DISTRIBUTION OF FUNDS, THE TRAFFIC MAY, ON A PROVISIONAL BASIS, PAY OR CHARGE TO THE UNDERTAKINGS ADDITIONAL AMOUNTS CORRESPONDING TO COMPENSATION FROM PREVIOUS MONTHS, AS A RESULT OF SUPPLEMENTARY INFORMATION, CLARIFICATION OR CONTRIBUTION OF SUPPORTING DOCUMENTS, RECTIFICATION OF ERRORS OR AMOUNTS NOT JUSTIFIED ABOVE AND OTHER SIMILAR REASONS.
CORRECTIONS MADE TO THE COMPENSATION ENTERED IN THE ACCOUNTS SHALL ALSO ENTAIL THE CORRECTION OF THE AMOUNTS PAYABLE.
DIFFERENCES WITH THOSE ALREADY PAID SHOULD BE SETTLED IN THE FOLLOWING DISTRIBUTION OF FUNDS AND, IN THE EVENT THAT IT YIELDS A FAVOURABLE BALANCE TO THE TRAFFIC WHICH CANNOT BE FULLY COMPENSATED, THE DIFFERENCE SHALL BE REIMBURSED. IT SHALL BE REINTEGRATED BY THE UNDERTAKING WITHIN THE MAXIMUM PERIOD OF ONE MONTH.
2. AS SOON AS THE REQUEST FOR INTERIM COMPENSATION HAS BEEN RESOLVED IN THE TERMS OF THE THIRD PARAGRAPH OF ARTICLE 31.1, THE PETITIONING COMPANY MAY DENOUNCE THE ARREARS AND, AFTER THREE MONTHS FROM THE DATE OF THE REQUEST. DENUNCIATION WITHOUT THE ISSUE HAVING BEEN RESOLVED, THE REQUEST SHALL BE DEEMED TO BE PROVISIONAL, AND SHALL BE INCLUDED IN THE FOLLOWING DISTRIBUTION OF FUNDS, WITHOUT PREJUDICE TO SUBSEQUENT RESOLUTION AND CONSEQUENT RECTIFICATION BY THE TRAFFIC.
3. THE COMPANY WILL REVIEW ANNUALLY THE COMPENSATION REQUESTS SUBMITTED BY THE COMPANIES, AND MAY REQUEST ANY ADDITIONAL INFORMATION AND SUPPORTING DOCUMENTS, AS WELL AS TO CARRY OUT THE RELEVANT INSPECTIONS. WITHIN THE MAXIMUM PERIOD OF THREE MONTHS FROM THE UNDERTAKING ' S CONTRIBUTION TO THE DATA REQUESTED, THE OFFICIAL SHALL PROPOSE TO THE DELEGATION OF THE GOVERNMENT ON THE HOLDING OF THE ELECTRICITY SYSTEM THE RELEVANT FINAL SETTLEMENT, WHICH IS IT SHALL BE DEEMED TO HAVE BEEN APPROVED IF IT IS NOT DEALT WITH BY THAT DELEGATION WITHIN A FURTHER SIX MONTHS.
IF THE FINAL SETTLEMENT RESULTS IN A BALANCE IN FAVOUR OF THE COMPANY EXCEEDING THE AMOUNT OF THE PROVISIONAL AMOUNT, THE DIFFERENCE SHALL BE PAID BY THE ICO, IF THE FUNDS AVAILABLE ALLOW IT, WITHIN THE MONTH FOLLOWING THE DATE OF THE EXPRESS OR PRESUMED RESOLUTION OF THE GOVERNMENT DELEGATION IN THE OPERATION OF THE ELECTRICAL SYSTEM.
IF, ON THE CONTRARY, THE BALANCE IS FAVOURABLE TO THE ICO, THE COMPANY MUST REINTEGRATE ITS AMOUNT WITHIN THE SAME PERIOD AS PROVIDED FOR IN THE PRECEDING PARAGRAPH, FROM THE DATE OF THE NOTIFICATION OF THE GOVERNMENT DELEGATION TO THE OPERATION OF THE ELECTRICAL SYSTEM.
DEFINITIVE, EXPRESS OR PRESUMED SETTLEMENTS ON COMPENSATION TO COMPANIES WITH EXTRA-ISLAND HOLDINGS AND FOR SPECIFIC ELECTRICITY TARIFFS WILL REQUIRE A MANDATORY AND BINDING REPORT FROM THE GENERAL DIRECTORATE OF THE ENERGY.
CHAPTER IV
INSPECTION AND SANCTIONS
ART. 32. THE ADMINISTRATIVE BOARD SHALL DEAL BY ALL MEANS AT ITS DISPOSAL TO ENSURE THAT THE FUNDS RAISED BY THE UNDERTAKINGS FOR THE TRAFFIC ARE ACTUALLY PAID BY THEM, AND MUST BE BASED ON HOW MANY INDUSTRIAL INDICATORS AND STATISTICS, PROSECUTORS OR OTHER ORDER MAY USE THEM, AS WELL AS ORDER THE RELEVANT INSPECTIONS TO BE CARRIED OUT BY THEM. IT MUST ALSO MAINTAIN A CONSTANT AUDIT TO ENSURE THE EXISTENCE AND EXTENT OF THE CIRCUMSTANCES THAT DETERMINE THE RIGHT TO BENEFIT FROM THE COMPENSATION AND ACCRUAL SCHEME.
ART. 33. THE TRAFFIC CONTROL MAY CARRY OUT INSPECTIONS OF THE ACCOUNTS OF THE UNDERTAKINGS IN ORDER TO VERIFY THE DECLARATIONS OF DATA WHICH HAVE SERVED AS A BASIS FOR THE INVOICE FOR THE SUPPLY OF ELECTRICAL ENERGY AND FOR THE ESTIMATION OF COMPENSATION, OR FOR OTHER PURPOSES ORDERED BY THE GOVERNMENT DELEGATION IN THE OPERATION OF THE ELECTRICAL SYSTEM, RELATED TO THE FUNCTIONS ENTRUSTED TO THE TRAFFIC. THE INSPECTIONS SHALL ALSO PROVIDE ACCOUNTING, STATISTICAL OR TECHNICAL DATA AND OTHER DOCUMENTATION WHICH THE INSPECTOR REQUIRES FOR THE VERIFICATION OF THE DATA NECESSARY FOR THE PERFORMANCE OF HIS MISSION.
THIS SERVICE WILL BE PROVIDED BY PERSONNEL SPECIFICALLY AUTHORIZED FOR THIS FUNCTION BY THE PRESIDENT OR DIRECTOR OF THE TRAFFIC AND MUST KEEP RIGOROUS SIGILO IN RESPECT OF THE MATTERS HE KNOWS FOR HIS WORK.
ART. 34. WHERE THE INSPECTION OF THE TRAFFIC REACHES CONCLUSIONS NOT ACCEPTED BY THE UNDERTAKING INSPECTED AND THE COMPANY DISAGREES IN THE MINUTES, IN WHOLE OR IN PART, OF THE INSPECTOR ' S PROPOSAL, OR REFUSES TO SIGN IT, OR DOES NOT ADMIT THAT THE INSPECTION IS CARRIED OUT, OR WHERE THE INFORMATION REQUIRED IS NOT PROVIDED TO THE INSPECTOR BY THE INSPECTOR, THE DIRECTOR OF THE OFFICE SHALL INITIATE THE APPROPRIATE FILE WITH THAT ACT OR WITH THE REPORT ISSUED BY THE INSPECTOR IN PLACE OF HIS REPLACEMENT, AND WITH ANY OTHER REPORTS WHICH HE CONSIDERS RELEVANT, IT SHALL MAKE IT CLEAR TO THE UNDERTAKING THAT IT SHALL, WITHIN A PERIOD OF 15 DAYS, MAKE ANY SUCH STATEMENT AS IT CONSIDERS AND PROPOSE IN ITS OPINION. CASE, THE EVIDENCE YOU DEEM APPROPRIATE.
THE DIRECTOR OF THE OFFICE, AFTER THE EXPIRY OF THE PERIOD REFERRED TO IN THE PREVIOUS ARTICLE, SHALL RAISE THE FILE TO THE ADMINISTRATIVE BOARD.
THE ADMINISTRATIVE BOARD SHALL APPOINT A PAPER, WHICH SHALL EXAMINE THE DOSSIER AND, PRIOR TO ANY FURTHER REPORTS AND ACTIONS IT CONSIDERS NECESSARY, SHALL SUBMIT TO THE PLENARY ITS DULY SUBSTANTIATED PROPOSAL FOR A RESOLUTION.
THE DECISIONS TAKEN BY THE ADMINISTRATIVE BOARD TO BE TAKEN BY THE ADMINISTRATIVE BOARD SHALL BE SUBJECT TO APPEAL, WHICH THE UNDERTAKINGS CONCERNED MAY INITIATE BEFORE THE MINISTER OF INDUSTRY AND ENERGY WITHIN 15 WORKING DAYS, COUNTED FROM THE NEXT TO THE TIMELY NOTIFICATION.
ART. 35. THE ADMINISTRATIVE BOARD SHALL ALSO DETERMINE IN WHICH CASES UNDERTAKINGS MAY BE CONSIDERED TO BE IN THE ABSENCE OF A DELAY IN THE REFERRAL OF DATA WHICH, ON A REGULAR BASIS OR IN PARTICULAR, IS TO BE SENT TO THE ICO. THESE FAULTS MAY BE PUNISHABLE BY FINES OF 1,000 TO 50,000 PESETAS, ACCORDING TO THE GRADUATION ESTABLISHED BY THE BOARD. WHERE THIS DELAY RESULTS IN THE DELAY IN THE SENDING OR MAKING AVAILABLE OF FUNDS ENTERED IN THE ICO, THE UNDERTAKINGS SHALL ALSO PAY THE INTEREST OF 1 PER 100 MONTHLY OF THE RESPECTIVE QUANTITIES FOR THE PERIOD OF THE DELAY. AS SOON AS THIS DELAY EXCEEDS SIX MONTHS, THE FOLLOWING ARTICLE SHALL APPLY.
ART. 36. THE UNTRUTH OF THE STATEMENTS OF THE UNDERTAKINGS OR THE FAILURE TO COMPLY WITH THE OBLIGATIONS IMPOSED ON THEM BY ARTICLE 9. FINES WILL BE IMPOSED ON BOTH THE DECEPLE OF THE PROVEN DEFRAUDS, IN ADDITION TO THE PAYMENT OF THE AMOUNT DEFRAUDED AND OF THE AMOUNT CORRESPONDING TO THE DELAY.
THE AGREEMENTS OF THE EU SHALL BE SUBJECT TO SANCTIONS WHICH IMPOSE SANCTIONS ON THE UNDERTAKINGS WHICH FORM PART OF IT, WITHIN THE SAME PERIOD OF 15 WORKING DAYS AS REFERRED TO IN ARTICLE 34 BEFORE THE MINISTER OF INDUSTRY AND ENERGY.
FOR PRESENTATION OF RESOURCES INVOLVING ECONOMIC SANCTION OR PAYMENT OF
ANY QUANTITY, THE DEPOSIT OF SUCH AMOUNT SHALL ALWAYS BE REQUIRED AT THE DISPOSAL OF THE TRAFFIC.
ART. 37. THE OFIC, WITHOUT PREJUDICE TO THE USE OF ALL RESOURCES WITHIN ITS SCOPE FOR THE RECOVERY OF THE CREDITS IN ITS FAVOUR, AFTER THE EXPIRY OF THE WORKING TIME LIMITS FOR ITS EFFECTIVENESS, WHETHER OR NOT THEY COME FROM ORDINARY OR EXTRAORDINARY LIQUIDATIONS OR FROM SANCTIONS OR FINES, IT WILL GIVE THE GOVERNMENT DELEGATION IN THE OPERATION OF THE ELECTRICITY SYSTEM OF THE COMPANIES THAT FAIL THEIR OBLIGATIONS WITH THE OWN TRAFFIC.
THE GOVERNMENT ' S DELEGATION TO THE OPERATION OF THE ELECTRIC SYSTEM OF TRADE OR TO THE PROPOSAL OF THE OFICO WILL PROPOSE TO THE GENERAL DIRECTION OF THE ENERGY THE LOW IN THE SIFE OF THOSE COMPANIES THAT FAIL THE OBLIGATIONS DERIVING FROM THEIR OWN INCORPORATION THEREOF.
IN THE DOSSIER WHICH IS TO BE INSTRUCTED TO THIS END, THE COMPANY WILL BE HEARD SO THAT, WITHIN A PERIOD OF 15 DAYS, IT WILL MAKE THE ARGUMENTS IT CONSIDERS RELEVANT.
THE ABSENCE OF A COMPANY IN THE SIFE WILL DETERMINE ITS SEPARATION OF TRAFFIC BUT WILL NOT IMPLY THE EXONERATION OF THE CONTRACTED RESPONSIBILITIES.
