Reactivation of the implementation of electric transmission projects of the Complementary Transmission System
On July 20, Supreme Decree Nº 018-2021-EM (“Supreme Decree“) was published in the Official Gazette “El Peruano”, a rule that provides for the reactivation of the implementation of the investments foreseen in the Transmission Investment Plans of the Complementary Transmission Systems corresponding to the companies under the scope of FONAFE, so that these projects may be executed by third parties under the mechanism of expression of interest, in order to ensure the timely and efficient supply of electricity.
For these purposes, the investments of the 2013-2017, 2017-2021 and 2021-2025 regulatory periods to be reallocated may not qualify as “works in progress” and must register delays in their execution. OSINERGMIN shall prepare a proposal of the projects to be reactivated, which shall be approved by the Ministry of Energy and Mines (“MINEM“).
Likewise, the Supreme Decree regulates the criteria to be used to establish the remuneration of the projects to be reassigned and the mechanism for the selection of the interested parties.
In this sense, the MINEM shall start the first process of reallocation of projects of the Complementary Transmission System in a term no longer than 8 months, for which it must previously approve the relevant schedule of activities within 3 months and the guidelines for the submission of the expression of interest and the participation mechanism for the reallocation of the projects of the Transmission Investment Plan within a term of 5 months.
Finally, through its Modifying Complementary Provision, Article 17.9 is incorporated in the Transmission Regulation adopted by Supreme Decree Nº 027-2007-EM, which regulates the exceptional modification of the approved Transmission Plan. This incorporation responds to the need to take measures against Binding Projects that could not be executed due to supervening non-technical reasons; so that exceptionally such projects may be withdrawn from the approved Plan at any time by the MINEM and be replaced by another alternative project.
For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Alejandro Manayalle (amanayalle@estudiorodrigo.com) and/or Alvaro Klauer (aklauer@estudiorodrigo.com).
