Energy Alert - May 2026
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Draft amendment to Article 184 of the Regulation of the Electricity Concessions Law regarding public lighting
On April 29, 2026, Ministerial Resolution No. 185-2026-MINEM/DM was published in the Official Gazette El Peruano, whereby the publication for public comments of the draft Supreme Decree amending Article 184 of the Regulation of the Electricity Concessions Law, approved by Supreme Decree No. 009-93-EM, was ordered.
The draft regulation is issued in compliance with Legislative Decree No. 1740, published on February 13, 2026, which amended Article 94 of the Electricity Concessions Law with the aim of improving public lighting levels on roads with verified crime rates, entrusting the Ministry of Energy and Mines (MINEM) with the approval of the corresponding regulatory adjustments.
The proposed regulation seeks to establish a regulatory framework applicable to investments aimed at improving lighting for public safety purposes, highlighting, among other aspects, the following:
- Public lighting improvement projects for citizen security executed during the 2026–2030 period are regulated and will be governed by the “Procedure on Additional Costs” to be approved by MINEM. This procedure will define the technical and economic criteria for valuing investments and recognizing associated costs.
- Minimum technical criteria are established for these projects, including compliance with public lighting technical standards, the use of high-efficiency lighting technologies, and adherence to required levels of illuminance, uniformity, quality, and operability, the supervision of which shall be the responsibility of OSINERGMIN.
- MINEM will publish annually the list of prioritized roads for the implementation of these projects. In the absence of such publication or in emergency situations, distribution companies may propose interventions on roads with high crime rates, subject to prior approval by MINEM.
- Project settlements must be submitted no later than the last business day of February each year and will serve as the basis for calculating special charges and updating billing for the following period. In this process, OSINERGMIN must avoid duplication with the Distribution Added Value (VAD).
- For regulatory periods subsequent to 2030, OSINERGMIN is required to incorporate these public safety lighting standards into VAD regulation, ensuring the recognition of efficient costs.
The deadline for submitting comments on the draft regulation is May 14, 2026, and they must be sent to the email address Prepublicaciones_DGE@minem.gob.pe.