The National Energy Commission (CNE) has opened a public consultation on the draft regulatory resolution governing the mechanism for determining Necessary and Urgent Works in the electrical transmission system.
This process responds to the amendments introduced by Law No. 21,721 of 2024, known as the “Energy Transition Law”, and is framed in the new article 91° bis of the General Electric Services Law (LGSE).
Objective of the New Mechanism
This procedure aims to identify and approve urgent and necessary transmission works which will be excluded from the annual planning process. These works will have execution costs limited by maximum thresholds.
Procedure Stages
- Initiation: Each April, the CNE may start the process either on its own initiative or at the request of the National Electrical Coordinator or the Ministry of Energy.
- Preliminary and Final Proposal: In May, the CNE will prepare a preliminary report on necessary and urgent works, considering input from relevant stakeholders. The final proposal may be challenged before the Expert Panel through a special and prioritized procedure.
- Technical Report: The CNE will issue a report recommending that the Ministry of Energy instruct the execution of the works, including a mandatory technical assessment.
- Exempt Decree: Based on the technical report, the Ministry must issue an exempt decree to order the execution of the works. Any works excluded during the process must be reincorporated into the next expansion plan.
- Bidding Process: Works identified in the decree will be tendered through a simplified procedure, regulated by a resolution to be issued by the CNE for this purpose.
Importance of the Mechanism
This new procedure allows for the acceleration of critical works in the electrical system without waiting for the timelines of the annual planning process. It serves as an intermediate route between this process and the special mechanism under Article 102 of the LGSE, allowing the approval of urgent works independently from bidding processes by the authority.
Comment Submission Deadline
Stakeholders interested in participating in the public consultation may submit their comments until Monday, March 3, 2025.