The government of the province of Buenos Aires warned that the decision of the Nation of prevent additional charges on electricity bills puts in check the perception of Provincial Tariff Compensation Fund and, with this, the “stability” of the Buenos Aires electrical system is at risk. Due to this measure, they warned, More than 100 municipalities would lose the ability to provide public services to their neighbors.
According to an official document accessed Energy Report, based on the decision of the national government of Javier Milei of trying to prevent the collection of Background in the electric service bills of electric distributors and cooperatives, the scenario of small municipal distributors “is in danger”.
From the Province they explained that the Tariff Compensation Fund It is one of the three concepts of the electric public service. The other two are the Provincial and municipal contribution and the Public Lighting Rate. “These three concepts are essential for the sustainability of the provincial electrical system and allow us to guarantee the continuity, quality and uniformity of the service,” they indicated.
The Fund was created through the Article 45 of Law 11,769 and has the purpose of compensating for the differences in distribution costs recognized between the different provincial and municipal concessionaires. This measure – they detailed – makes it possible for users with similar consumption characteristics in terms of use and modality, to pay for the supply equal amounts of electrical energy and equivalent amounts regardless of the particularities of their geographical location or form of provision.
From the government of Axel Kicillof They highlighted that this Background results from “vital importance” for the stability of the provincial electrical system, while ensuring the “uniform provision of public services in terms of continuity, quality and price”.
But they also stressed that “it preserves equity and equality among all providers and contributes to achieving a single tariff and service provision regime.”
Data from the province of Buenos Aires indicate that 197 of the 204 electrical service providers receive this Fundwith amounts that vary according to characteristics such as the degree of rurality and the size of each distributor. With that money you look for “strengthen” to those more rural and smaller distributors.
“If the compensation fund did not exist, more than 100 localities in the province of Buenos Aires would lose their capacity to sustain electrical service”they warned.
Clash of laws, conflict of interest: who is right?
The regulatory framework that governs the province of Buenos Aires, approved by Law 11,769, provides in Article 78 for the possibility of including foreign concepts in the billing of electrical service. The clash of laws occurs with the Nation’s regulation, which not only removes from electricity bills the concepts of the electrical service, but those of others.
“The invoice, as a document, configures an instrument to grant operation to the rights of users, and directly provides them with adequate and truthful information not only about their consumption pattern, but also about their rights and obligations related to the public electricity service” , they maintained from Buenos Aires territory.
The lawyers of the Buenos Aires government assure the Resolution 267 “is not directly applicable”since the Province has issued various regulatory and complementary rules to implement the Fund, and conflicts with current legislation.
“The decision of the national government overwhelms the provincial regulatory framework and attacks the Buenos Aires electrical cooperatives, which are essential to guarantee access to electricity in areas that are often not served by large electrical companies, and consequently for the economic and social development of those communities”they emphasized.
It is ruled out that this situation will lead to multiple judicial presentations by the affected municipalities, their electric cooperatives, neighbors, user NGOs and even the provincial government.
Source: Ambito
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