ARGENTINA Law and Practice Contributed by: Héctor Pozo Gowland, Esteban de Vedia, Carlos Ernesto Miná and Francisco Pozo Gowland, Pozo Gowland Abogados
registration in the corresponding property regis- try of the area where the land is located. Once properties have been affected by the AEPL, the owners of those properties must be officially notified of the effect and the planned route within each affected property or area. The owner of the property affected by the servitude is entitled to compensation, which will be deter- mined in an agreement between the owner and the company holding the AEPL. In the absence of an agreement, Law No 19,552 provides that compensation will be determined by a judicial court. In summary, an AEPL is a legal right that allows a company involved in electrical transmission to use private or public lands to install and oper- ate electrical transmission lines, thereby ensur- ing the supply of energy and the functioning of the electrical system. 4.5 Monopoly Rights to Provide Transmission Services Section 1 of Law No 24,065 establishes that the transportation of electrical energy is a pub- lic service, subject to a concession granted by the national government, under conditions of monopoly and exclusivity. For this reason, the concession contracts of the companies provid- ing the public service stipulate that the national government grants them exclusivity for the provision of the public service. As defined in the concession contracts, this means that the national government will not grant the service to third parties or provide it itself, either through the existing transportation system or through the facilities constructed to expand the transporta- tion capacity. Law No 24,065 and the concession contracts only impose on the providers of the public trans-
portation service the obligation to allow “open access” to the transportation system, facilitat- ing it on equal terms to all users of the trans- portation system interested in connecting to it. This includes the generators, which produce the energy, as well as the distributors and large users, who consume it. 4.6 Transmission Charges and Terms of Service The tariff regime of the public electricity transpor- tation service is regulated by Law No 24,065 and its regulatory decree (Decree No 1398/1992), as well as by Annex 16 to the Procedures and the respective concession contracts of the compa- nies. Law No 24,065 establishes the principle of “fair and reasonable tariffs” for the public trans- portation (and distribution) of electrical energy. The tariff approval processes require public hearings, which provide the opportunity for con- sumers, stakeholders and interested parties to express their opinions, concerns and feedback regarding proposed tariff changes or adjust- ments. However, ENRE must decide the tariff’s value depending on the economic and techni- cal needs of the public service to guarantee the quality and continuity of the service. The access request can be submitted by any direct user of the transportation system, includ- ing generators needing to transmit the energy they produce, such as large users or distributors intending to consume the generated electrical energy. 4.7 Open-Access and Non- Discriminatory Transmission The request is submitted to the concessionaire carrier, which must assess the technical possi- bility of connecting the new user and submit its corresponding report to ENRE. Annex 16 to the
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