Energy Alert - April 2026
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MINEM publishes draft regulations on the Ancillary Services market and its operation within the National Interconnected Electric System
On April 18 and 19, 2026, the Ministry of Energy and Mines (MINEM) ordered the publication for public comments of two relevant draft regulations for the electricity sector, through Ministerial Resolutions No. 168-2026-MINEM/DM and No. 171-2026-MINEM/DM, respectively.
In particular, the following have been submitted for public consultation:
- The draft Directoral Resolution that amends the Technical Standard for Real-Time Operation Coordination of Interconnected Systems (NTCOTR).
- The draft Supreme Decree that approves the Regulation on Ancillary Services and introduces amendments to the Regulation of the Electricity Concessions Law, the Regulation of the Wholesale Electricity Market, and the Regulation of the Economic Operation Committee of the System.
Both projects are framed within the recent amendment to Law No. 28832, introduced by Law No. 32249, pursuant to which the Ministry of Energy and Mines (MINEM) regulates the operation and administration of the Ancillary Services market (“SSCC”).
In general terms, the draft Regulation on SSCC seeks to establish the applicable rules for their provision, operation, and remuneration, as well as to define the role and participation conditions of the various system agents. The main aspects include:
- The regulation of three categories of SSCC: (a) frequency regulation; (b) voltage regulation and/or local reactive power supply; and (c) black start capability, with the possibility of adding or removing categories at the request of COES.
- The classification of SSCC into compliance-based services (mandatory and not subject to compensation) and market-based services (voluntary and remunerated under competitive conditions).
- The introduction of provision and remuneration mechanisms, including rules for the determination of price caps by OSINERGMIN, allocation through bidding processes, mandatory dispatch instructions in the absence of competition, and performance-based incentives and penalties.
- The allocation of payment responsibility under the causality principle, establishing that costs shall be borne by the agents that cause imbalances or create the need for the service, including generators, large users, and distributors, based on their injections or withdrawals in the Short-Term Market.
- The incorporation of the figure of SSCC providers, defining the participation conditions for generators, transmission companies, distribution companies, free users, and other agents, as well as the applicable technical and operational requirements.
- The enabling title regime, clarifying when the existing concession is sufficient and in which cases amendments or specific authorizations must be requested from MINEM.
As part of this implementation, adjustments to the existing regulatory framework are also envisaged through amendments to the Regulation of the Electricity Concessions Law, the Regulation of the Wholesale Electricity Market, and the COES Regulation, in order to formally incorporate SSCC providers as system agents, adjust settlement rules, and strengthen COES’s operational and budgetary transparency.
In addition, adaptation periods of 120 calendar days are established for the Technical Standard for Real-Time Operation Coordination of Interconnected Systems (NTCOTR) and 180 calendar days for the COES Technical Procedures. Within this framework, the draft Directoral Resolution introduces operational, information, and real-time scheduling provisions aimed at aligning the NTCOTR with the new SSCC regime, enabling its integration into system operation and updating the applicable rules and responsibilities of SEIN agents.
The deadlines for submitting comments and/or suggestions are as follows:
- For the draft Directoral Resolution (amending the NTCOTR), until May 13, 2026.For the draft Supreme Decree (SSCC Regulation and related regulatory amendments), until May 14, 2026.