Rodrigo, Elias & Medrano Abogados
  April 8, 2020 - Peru

Draft Regulations - Energy

The Supervisory Agency for Investment in Energy and Mining ("OSINERGMIN") and the Ministry of Energy and Mines ("MINEM") have carried out a series of pre-publications of draft regulations in the electricity and hydrocarbons sector, including:

  • Minimum Power: on July 31, 2020, through OSINERGMIN Resolution No. 090-2020-OS/CD published in the Official Gazette "El Peruano", OSINERGMIN authorized the pre-publication of the COES Technical Procedure "Tests for the Determination of the Minimum Power of the SEIN Generation Units”, including technical reports to support said draft

    (see: https://www.osinergmin.gob.pe/Resoluciones/pdf/2020/Osinergmin-090-2020-OS- CD.pdf).

This draft establishes the corresponding procedure to carry out the tests and the determination of the Minimum Power of the Hydroelectric and Thermoelectric Generation Units in each of its Modes of Operation, in accordance with the Procedure for the Monitoring of the Parameters of the Operational Inflexibilities of the Sein Generation Units, Resolution No. 161-2019-OS/CD.

Interested parties have a period of 30 calendar days to submit their comments, which may be sent through the Virtual Window of OSINERGMIN, the physical Table of Parts of the Deputy Management of Tariff Regulation in case it is already available or sending an email to the following email address: [email protected].

  • Risk Study and Contingency Plan: on August 2, 2020, through Ministerial Resolution No. 188-2020-MINEM/DM published in the Journal “El Peruano”, the MINEM authorized the pre-publication of the Draft Supreme Decree amending security provisions related to the Risk Study and the Contingency Plan, and establishing complementary measures

    (see: http://www.minem.gob.pe/_prepublicacion.php?idSector=10&idPrepublicacion=274).

The draft would amend the Safety Regulations for Hydrocarbon Activities, adopted by Supreme Decree No. 043-2007-EM, in order to adapt the regulation of Risk Studies and Contingency Plans, as well as other measures related to design and implementation of hydrocarbon projects.

Interested parties have a period of 10 working days to send their comments, which may be sent to the email [email protected] or directly to the General Directorate of Hydrocarbons through the physical Table of Parts of the MINEM.

  • Natural Gas Distribution Service: on July 31, 2020, through OSINERGMIN Resolution No. 092-2020-OS/CD published in the Journal "El Peruano", OSINERGMIN authorized the pre-publication of the draft resolution amending the Standard "General Conditions of the Natural Gas Distribution Service and the Application of Tariffs to the End User", adopted by Resolution No. 054-2016-OS/CD, and the Invoicing Procedures of the Concessions of Natural Gas Distribution by pipeline network (see: https://www.osinergmin.gob.pe/Resoluciones/pdf/2020/Osinergmin-092-2020-OS-CD.pdf).

Said draft seeks to improve the aforementioned standards, in accordance with the experience gathered by the Regulating Body during the last years of validity of the standard and the evolution of the natural gas market, which includes new billing procedures on the one hand, and the methodology of calculation of the Average Price of Gas (PMG) and Average Cost of Transport (CMT) by another, as well as various clarifications required to perfect the regulation. Interested parties have a period of 15 calendar days to submit their comments, which may be sent through the Virtual Window of OSINERGMIN, the physical Table of Parts of the Deputy Management of Tariff Regulation in case it is already available or sending an email to the following email address: [email protected].

  • OSINERGMIN Monitoring and Sanction: on July 31, 2020, through OSINERGMIN Resolution No. 095-2020-OS/CD published in the Journal “El Peruano”, OSINERGMIN authorized the pre-publication of the Draft of the Standard “Regulation on the Monitoring and Sanction of the Osinergmin’s Energy and Mining Activities”

    (see: https://www.osinergmin.gob.pe/seccion/centro_documental/Institucional/Pre-Publicacion-Resoluciones/Osinergmin-095-2020-OS-CD-PREP.pdf ).

    Said draft would replace the current Regulation, adopted by Resolution No. 040-2017-OS/CD, and seeks, according to OSINERGMIN, to optimize the exercise of the monitoring and sanctioning functions of the Regulating Body.Interested parties have a period of 15 calendar days to submit their comments, which may be sent through the Virtual Window of OSINERGMIN, sending an email to the following email address: [email protected] more information, please contact Verónica Sattler ([email protected]), Alejandro Manayalle ([email protected]), and/or Eduardo Ramos ([email protected]).