General Guidelines to be applied in the rate procedures under the price cap methodology or RPI-X mechanism” were published
On Sunday, July 25, 2021, Resolution Nº 031-2021-CD-OSITRAN was published in the Official Gazette “El Peruano”, through which the “General Guidelines to be applied in the rate procedures under the price cap methodology or RPI-X mechanism” (the “Resolution 031”) were published. The regulation has granted a period of 30 working days for the submission of comments and suggestions, which shall expire on September 8, 2021.
Resolution 031 establishes the methodological criteria applicable in the framework of the administrative procedures for the review of maximum rates, in which the price cap methodology or RPI-X mechanism is used, in order to provide greater predictability on the pronouncements issued by OSITRAN in the framework of the rate review procedures.
The guidelines shall be of an indicative nature and shall be used for the calculation of the productivity factor or “X” factor, within the framework of the rate review procedures of the concession contracts providing for the application of the RPI-X mechanism. OSITRAN may also use other criteria, not covered by the guidelines, according to the particular circumstances of each case.
The guidelines contain information on (i) the criteria referring to the calculation of the productivity factor, (ii) the sources of information used for the calculation of the productivity factor, (iii) the criteria referring to the treatment of the information used in the procedure, (iv) the criteria referring to the company’s variables, and (v) the criteria referring to the economy’s variables.
In addition, Resolution 031 includes the support for the methodological criteria mentioned in the previous paragraph. Said support is found in Report Nº 00072-2021-GRE-OSITRAN.
Finally, Resolution 031 indicates that those interested in making comments or suggestions may send them through the OSITRAN’s digital headquarters, to the email info@ositran.gob.pe or in person.
For further information, please contact Alejandro Manayalle (amanayalle@estudiorodrigo.com), Verónica Sattler (vsattler@estudiorodrigo.com) and/or Diana Briones (abriones@estudiorodrigo.com).
