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Electricity supply tender: Comptroller’s Office informs authorities after an appeal by Conadecus that seeks to stop the process

Although the new electricity supply bidding process is currently underway, an appeal presented by the National Corporation of Consumers and Users (Conadecus) before the Comptroller General of the Republic could result in a profound setback. On April 25, the group filed a request with the controlling body accusing illegalities in the bases of the bidding process, which is controlled by the National Energy Commission (CNE). Specifically, the document states that the incorporation of systemic costs to price indexation formulas is illegal.

“The Tender Rules 2023/01 violate the provisions of current regulations in that those who must pay the systemic costs and assume the corresponding risks are the generation concessionaires,” the group maintains, in a report attached to the request, which prepared by the civil electrical engineer Oscar Cabello, and the economist Israel Mandler, expert advisors in regulation, at the request of Conadecus.

This 32-page report points to violations of the General Electrical Services Law, and the Regulations for the Coordination and Operation of the National Electrical System, among other regulations, such as Law 20,805, which perfected the electrical bidding system, stating that the intention of the legislator, who sought to reduce prices in electric energy bills for regulated customers.

They add that the legal way of transferring the payment of systemic charges corresponds to legislative processes, and not administrative ones, as is the case on this occasion.

“When the possibility of transferring certain operating costs to end users has been regulated, it has been expressly established by law. Although from an economic point of view it was an error, this was expressly provided for by the Transmission Law of 2016, which transferred the transmission costs directly to the end users of electrical energy,” the letter states.

As Oscar Cabello commented to Pulsethe request is being processed by the Comptroller’s Office and this Monday the body requested information, through separate letters, from the Undersecretariat of Energy, the National Energy Commission (CNE) and the Superintendency of Electricity and Fuels (SEC).

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