ARGENTINA Law and Practice Contributed by: Héctor Pozo Gowland, Esteban de Vedia, Carlos Ernesto Miná and Francisco Pozo Gowland, Pozo Gowland Abogados
Procedures specifies that the regulatory author- ity has a period of 30 days to determine whether the transport capacity can be expanded. The only limitation to the general principle of open access is in cases where the power trans- mission line does not have the capacity to incor- porate additional energy for transportation. This is to prevent line saturation and its effect on the quality of the public service.
determine the feasibility and technical aspects of the project. This includes assessing the demand, identifying potential locations for the facilities, and conducting EIAs. The companies must submit an application along with all the required documentation, includ- ing technical plans, environmental studies and financial information. The project will undergo technical evaluations by the regulatory authority to ensure compliance with technical standards and grid connection requirements. This involves assessing the capacity, reliability and safety of the proposed distribution facilities. It is worth highlighting that Section 42 of the National Constitution requires that consumers and users of goods and services have the right, in consumer relationships, to protection of their health, safety and economic interests, as well as to adequate and truthful information. Therefore, the National Constitution demands that legis- lation and regulatory bases for public services include provisions to guarantee the necessary participation of consumer and user associations. For this reason, Law No 24,065 also estab- lishes that a public hearing must be held before authorising the project and including it in the tariff. This involves informing and engaging with the local community to gather their input, address concerns and ensure transparency in the decision-making process, especially when the construction and operation of electricity dis- tribution facilities are included in the Investment Plan and are part of the rates and charges that will be applied to customers for the distribution services. Furthermore, the project may require various permits and environmental approvals on fed- eral provincial and municipal levels. These may
5. Distribution 5.1 Constructing and Operating Electricity Distribution Facilities
As already mentioned in 1.1 Law Governing the Structure and Ownership of the Power Indus- try , the generation and transportation of elec- tricity are subject to federal jurisdiction under Law No 15,336 and Law No 24,065, while the public service of distribution remains under the jurisdiction of each province, except for Edenor and Edesur. Most provinces adhere to the regime established by Law No 24,065 or enact their own regula- tory framework similar to the national one. The law governing distribution in all its aspects is the Regulatory Framework. EPC and supply contracts and other private agreements related to these facilities are governed by the Civil & Commercial Code. 5.2 Regulatory Process for Obtaining Approvals to Construct and Operate Electricity Distribution Facilities Section 11 of Law No 24,065 establishes that no energy distribution company may begin the construction and/or operation of facilities of such magnitude without the approval of ENRE. The first step is to conduct preliminary studies to
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