ARGENTINA Law and Practice Contributed by: Héctor Pozo Gowland, Esteban de Vedia, Carlos Ernesto Miná and Francisco Pozo Gowland, Pozo Gowland Abogados
The CNDC operates in co-ordination with oth- er regulatory authorities, such as the National Securities Commission ( Comisión Nacional de Valores ) and ENRE, to ensure comprehensive enforcement of competition regulations in their respective sectors.
distribution grid, which are essentially the Procedures. 3.2 Obtaining Approvals to Construct and Operate Generation Facilities The regulatory process for obtaining the approv- als necessary to construct and operate a com- mercial generation facility in Argentina typically involves the following steps: • An EIA – Depending on the size and nature of the project, an EIA may be required. The EIA involves a detailed review and assessment of the potential environmental impacts of the proposed facility. It includes the preparation of an environmental impact statement (EIS) that outlines the project’s characteristics, potential impacts and proposed mitigation measures. • Public participation – Public participation and input are usually an integral part of the regula- tory process. The EIA process often includes opportunities for public consultation, allowing interested parties, stakeholders and affected communities to provide feedback and raise concerns related to the project’s environmen- tal aspects. • Regulatory authority review – The Secretariat of Energy has to provide each project with authorisation to act as a wholesale electric- ity market agent, a process that involves the evaluation of the technical, economic and environmental aspects of the project to deter- mine its compliance with applicable regula- tions and policies. • Authorisations and permits – Based on the review process, the regulatory author- ity grants the necessary authorisations and permits for the construction and operation of the generation facility. This includes permits related to land use, environmental impact,
3. Generation Facilities 3.1 Constructing and Operating Generation Facilities
The main laws that govern the construction and operation of generation facilities in Argentina include the following: • Law No 24,065, mainly focusing on the gen- eral functioning of the electricity industry, with references to the operation of facilities rather than construction. • The Environmental Impact Assessment Law (Law No 25,675) – This law establishes the requirement to conduct environmental impact assessments (EIAs) for certain projects, including power generation facilities. It sets out the procedures and criteria for evaluating and mitigating the potential environmental impacts of these projects. • Provincial regulations – Each province in Argentina may have its own specific regula- tions and requirements for the construction and operation of generation facilities within its jurisdiction. These regulations can include permitting processes, environmental stand- ards, land-use regulations, and other relevant considerations. • Grid connection regulations – The construc- tion and operation of generation facilities also involve compliance with grid connec- tion regulations, which define the technical requirements and procedures for connect- ing new power plants to the transmission or
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