ARGENTINA Law and Practice Contributed by: Héctor Pozo Gowland, Esteban de Vedia, Carlos Ernesto Miná and Francisco Pozo Gowland, Pozo Gowland Abogados
National Government The distribution of electric power in the City of Buenos Aires and in Greater Buenos Aires falls under Edenor and Edesur, who have signed a concession contract with the national govern- ment given the inter-jurisdictional nature of the service. The national government rules on their regime tariff and controls the service. Provincial Government The distribution of electric power in the rest of Argentina is carried out by the provincial distribu- tors, which do not perform an inter-jurisdictional service and do not sign a concession contract. Provincial governments rule on their regime tar- iff and control the service. However, provincial distributors are also subject to the control of the national government (ENRE and the Secretary of Energy) with regard to the purchase of energy to supply users. 1.6 Recent Changes in Law or Regulation Argentina’s energy sector has undergone signifi- cant regulatory changes aimed at enhancing effi- ciency, attracting investment, and modernising the electricity market. This section deals with the changes that have already been implemented, while the following section, 1.7 Announcements Regarding New Policies , discusses the guide- lines that the Secretariat of Energy is designing for the industry. One of the most notable developments has been the government’s decision to repriva- tise the Comahue hydroelectric plants. These facilities, including Alicurá, El Chocón, Cerros Colorados, and Piedra del Águila, collectively contribute approximately 4,107 MW of electric- ity, representing about 13% of the nation’s total generation capacity. The new concession model proposes a 30-year term, during which, 95% of
the generated energy will initially be allocated to meet residential demand at a preferential rate of USD15–20 per MWh. The remaining 5% can be sold at market prices, with this proportion expected to increase over time. In April 2024, the Secretariat of Energy issued Resolution No 34/2024, altering the payment pri- ority order of CAMMESA, the wholesale electric- ity market administrator. This change prioritises payments to electricity transmission service pro- viders over payments to generation companies, aiming to ensure the reliability of the transmis- sion network amid financial constraints. Furthermore, the Secretariat of Energy enacted Resolution No 21/2025, which repeals several provisions of Resolution No 1,281/2006. This new regulation allows new electricity generation installations to allocate their energy to the term market ( Mercado a Término ), providing greater flexibility and encouraging investment in the sec- tor. Collectively, these regulatory changes reflect Argentina’s commitment to revitalising its energy sector by promoting private investment, ensur- ing reliable service delivery, and aligning with market-oriented practices. 1.7 Announcements Regarding New Policies General elections were held in 2023, and in December 2023 a new government took office, under the promise of restructuring the energy industry, going back to what legislation issued in the 1990s contemplated, which was almost never applied. In this sense, on 28 January 2025, the Secretar- iat of Energy issued Note NO-2025-09628437- APN-SE#MEC, addressed to CAMMESA, intro-
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