ARGENTINA Law and Practice Contributed by: Héctor Pozo Gowland, Esteban de Vedia, Carlos Ernesto Miná and Francisco Pozo Gowland, Pozo Gowland Abogados
grid connection (by the issuance of a certifi- cate by ENRE), and other relevant aspects. • Compliance monitoring – Once the facility is operational, the regulatory authority monitors compliance with the approved plans, permits and environmental commitments to ensure ongoing adherence to regulatory require- ments. Public hearings are not always required by law, but may be conducted as part of the public par- ticipation process or if deemed necessary by the regulatory authority. The exact requirements for public hearings may vary depending on the spe- cific circumstances and the applicable provincial regulations. 3.3 Approvals to Construct and Operate Generation Facilities The terms and conditions imposed within approvals to construct and operate a generation facility in Argentina can vary depending on sev- eral factors, including the size and type of pro- ject, its location, and the specific regulations and requirements applicable at the time of approval. However, some typical terms and conditions that may be imposed include the following: • Technical specifications – The approval may specify the technical requirements and standards that the facility must meet, such as capacity, efficiency, voltage regulation, and grid interconnection parameters. • Environmental compliance – The approval may include conditions related to environ- mental protection and mitigation measures. These may involve requirements for monitor- ing air emissions, noise levels, water usage, waste management, and compliance with applicable environmental regulations. • Construction and operational timelines – The approval may establish specific timelines for
the construction and commissioning of the facility, as well as any milestones or reporting requirements during the operational phase. • Grid connection and system stability – The approval may include conditions related to the connection of the facility to the transmis- sion or distribution grid, ensuring compliance with grid code requirements, and maintaining system stability. • Reporting and monitoring – The approval may require regular reporting on the facil- ity’s operational performance, environmental compliance, and other relevant aspects. It may also involve monitoring by the regulatory authority to ensure ongoing adherence to the approved conditions. The local legislation does not contemplate the possibility of obtaining an amendment or relaxa- tion of a term/condition of approval, but does not prohibit making a presentation to the competent authority in order to obtain this. 3.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Generation Facilities The rights to the surface of land for the purpose of constructing and operating a generation facil- ity are typically obtained through negotiation and agreement with the landowners. The proponent of the facility does not have automatic eminent domain, condemnation or expropriation rights to obtain surface access and use. The process for obtaining rights to the surface of land involves the following steps: • Negotiation and agreement – The proponent of the generation facility engages in negotia- tions with the landowners to reach a mutually acceptable agreement for the use of their land. This includes discussions on lease or
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