Energy Alert - January 2026
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MINISTERIAL RESOLUTION NO. 004-2026-MINEM/DM
PUBLICATION OF THE DRAFT “SUPREME DECREE AMENDING THE REGULATIONS OF THE ELECTRICITY CONCESSIONS LAW, APPROVED BY SUPREME DECREE NO. 009-93-EM”
On January 9, 2026, Ministerial Resolution No. 004-2026-MINEM/DM was published in the Official Gazette El Peruano, providing for the dissemination for comment of the draft “Supreme Decree amending the Regulations of the Electricity Concessions Law, approved by Supreme Decree No. 009-93-EM” (“Draft Regulation”).
As noted in the recitals of the Draft Regulation, it is proposed to amend the Regulations of the Electricity Concessions Law (“RLCE”) to incorporate improvements in (i) the procedure for the expiration of definitive concessions; (ii) the regime for temporary administrative intervention in definitive concessions; and (iii) the auction procedure for the rights and assets of expired definitive concessions; in order to ensure the continuity of operations of the activity covered by the expired concession.
Below are the main proposed amendments to the RLCE:
- Amendment to Article 55: It is established that the Concession Agreement must set forth the rights and assets of the concession, for which purpose an illustrative list is included.
- Amendment to Article 69: It is provided that the rules and procedure for the expiration of the concession shall apply to the revocation of the authorization.
- Amendment to Article 73: The following clarifications are made to the procedure for the expiration of the concession:
- The Supervisory Agency for Investment in Energy and Mining (“OSINERGMIN”) shall prepare a preliminary inventory of the rights and assets of the concession subject to the expiration procedure, in accordance with the procedure approved by said entity for that purpose;
- Additional actions within the expiration procedure are regulated with their respective deadlines, such as the submission of the preliminary inventory by OSINERGMIN and the submission of a technical-legal report by the General Directorate of Electricity (“DGE”) or the Regional Government to the Ministerial Office.
- To suspend the expiration procedure, a Guaranteed Work Execution Schedule may be submitted once, accompanied by a letter of guarantee that may be additional to or replace the original letter of guarantee, for up to 10,000 UIT, depending on the length of time for which the extension of the original commercial operation deadline is requested;
- Concessionaires and authorization holders may submit the Guaranteed Schedule prior to the commencement of the concession expiration or authorization renewal procedure;
- The role of auditor may only be assigned to legal entities that hold a definitive concession or authorization in the commercial operation stage and that correspond to the same type of electrical activity as the expired concession;
- When untimely compliance with the draft's Work Execution Schedule is verified without the occurrence of a force majeure event, the DGE shall be authorized to execute the Performance Bond for the execution of works up to 25% of the original amount. In this case, the concession shall not be declared expired.
- Amendment to Article 75: It is stipulated that the obligations of the former concessionaire shall remain in force until the transfer of the rights and assets of the concession to the new concessionaire. OSINERGMIN shall monitor and sanction compliance with this provision.
- Amendment to Article 76: Aspects related to the intervention regime are regulated, specifying that the intervener shall not be liable for the debts and obligations incurred by the former concessionaire.
- Amendment to Article 79: A series of clarifications are made to the procedure to be followed by the Ministry in conducting the public auction of the concession rights and assets.
- Incorporation of Article 75-A: The establishment of a trust by the Ministry is regulated for the administration of the funds necessary to ensure the continuity of the operations of the expired concession.
- Addition of Article 79-A: Rules are established for the transfer of the rights and assets of the concession to the successful bidder in the public auction.
- Addition of Article 79-B: Rules are added for the transfer of the rights and assets of the concession to the auditor.
Finally, the sole Transitional Final Provision of the Draft Regulation establishes rules applicable to definitive concessions that have expired before the regulation comes into effect.
The deadline for submitting comments on the Draft Regulation is January 24, 2026.