The National Government enacted the 2023 Budget with an observation in one of the articles of the law, referring to electricity rates.
This is established by the Decree 799 / 2022, published this Thursday (01.12.2022) in the Official Gazette, whose text promulgated the Law 27701. “With the exception” of “observing the third paragraph of article 89 of the Bill registered under No. 27.701,” the President ordered that “it be complied with, promulgated and considered Law of the Nation.”
In a paragraph Article 89 of the Law It says that: “Given the public service nature of both the distribution and transportation of electric energy, the national State and the provincial jurisdictions must publish, in a period of no more than ninety (90) days, tariff tables that allow distributors to comply with the obligations resulting from the previous paragraph.”
This section of the article was defined in the National Congress and since this paragraph “regulates issues related to tariff tables, which do not conform to the current regulatory frameworks, the development, proposal and execution of the national energy policy is the responsibility of the National Executive Branch.”
Among these commitments was that "the Energy Secretariat will establish a homogeneous value measurement unit linked to consumption transactions that ensures the value of the credit and will implement a debt regularization plan of up to ninety-six (96) monthly installments."
Therefore, "in light of the above, and since it could be considered an interference in the provincial sphere, since the regulation of the electricity distribution system is a provincial/municipal competence, exceeding the powers delegated to the Nation, it is necessary to observe the third paragraph of article 89 of the approved bill."
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