March 31st, 2020
CREG

The Energy and Gas Regulation Commission, seeking to guarantee the proper provision of electric power service, decrees that the value of the guarantee in Article 31 of CREG Resolution 061 of 2007 will not be adjusted in the scenario presented in paragraph 2, numeral 3:

  • 3. Each time the representative exchange rate of the market presents variations greater than ten percent (10%) of the value with which the current guarantee was calculated.

It also establishes that the audit process of contracts and logistics documents provided for in Article 4 of CREG Resolution 181 of 2010 will be completed for plants using liquid fuels to support the Firm Energy Obligations (FEO) starting on 1 December 2020:

  • The audit of all contracts and supply logistics documents delivered by generating agents with plants and/or thermal units that use liquid fuel will be carried out by an audit firm hired by the CND in compliance with the provisions of paragraph 6.1 of Annex 6 of CREG Resolution 071 of 2006, from the list of auditors published by the C.N.O., to carry out the following tasks
  1. Verify the amounts hired, as defined in Annex 6 of CREG Resolution 071 of 2006.
  2. Verify that the contract has a compensation clause as defined in Article 3, paragraph 1,
  3. Verify that the contracted amounts of third-party services are consistent with what is reported in the logistics document.
  4. Applying the best engineering practices, evaluate the logistical supply scheme proposed by the generating agent, reviewing on site the reported infrastructure; storage capacities; point and capacities of product unloading; programming time and product reception; either refinery, import and/or polyducts; river transport capacities, considering the low flow condition; and any other element that has been defined in the supply logistics.
  5. In the event that the same Wholesale Distributor has contracts with several thermal plants, verify the availability of capacity of the Distributor's infrastructure to simultaneously serve the plants with which they have contracts.
  • If the amount of fuel offered to support the obligation, verified by the Auditor taking into account the infrastructure capacity and logistics contracted, is less than declared by the agent and in turn is less than required to cover the Firm Energy Obligations, FEO, the thermal plant will lose the FEO.
  • The auditor will receive from the CREG the contracts and supply logistics documents delivered by the generating agents with thermal plants that will support their Firm Energy Obligations with liquid fuels.
  • The audit process shall be completed no later than one and a half years before the start of the FEO.
  • The cost of the audit shall be borne by the generating agents with thermal plants that declare firm energy support with liquid fuels on a pro-rata basis of the declared ENFICC.

The duration of this extension will be made by calculating M months before the start of the FEO. The M months are determined from the discount of the six (6) months, provided for in Resolution CREG 181 of 2010, the duration of the containment measures covered by Decree 457 of 2020 or that which modifies it, and one more month.

Finally, it should be noted that this resolution is effective as of its publication in the Official Gazette.  
 

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