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Regulatory Alert – October

ALERT - REGULATORY

Resolution N° 181-2023-OS/CD that approves the publication for comments on the Draft Procedure for the issuance of mandate for the release of interferences related to the provision of services in the energy sector

 

On Thursday, October 5, 2023, Resolution N° 181-2023-OS/CD was published in the Official Gazette “El Peruano”, by which the Board of Directors of OSINERGMIN authorized the publication for comments of the Draft Regulation “Procedure for the issuance of mandate to define the schedule and/or final budget of the works of removal, relocation and/or replacement of interferences, linked to the provision of public services in the energy sector, within the framework of the provisions of Legislative Decree N° 1192 and its amendments” (“Draft Regulation”).

The Draft Regulations are applicable to (i) public entities or those who execute the infrastructure work under any title; (ii) companies rendering public services in the energy sector such as electric power distribution and transmission companies; and, (iii) owners of interferences.

Among the main provisions of the draft regulations are:

1.The Procedure for the issuance of the Mandate, regarding the deadlines, the documentation required for the admission of the request, the budget estimate for the release and the Draft Mandate;

2.The rules applicable to the issuance of the Mandate, which includes the possibility of filing an appeal; and,

3. The control and sanction regime, according to which non-compliance with the particular mandates or other obligations set forth by OSINERGMIN would be typified as an infraction.

For further information, please contact Verónica Sattler (Vsattler@estudiorodrigo.com).