News

Approval of the final text of the Contract for the Transportation of Natural Gas – President Néstor Kirchner Gas Pipeline

On June 26, 2023, Resolution No. 532/2023 of the National Energy Secretariat ("Resolution 532") was published in the Official Gazette, approving the final text of the Contract for the Transportation of Natural Gas through the President Néstor Kirchner Gas Pipeline (the "Contract" and "GPNK", respectively) between Energía Argentina S.A. (ENARSA or the "Transporter") and the Wholesale Electricity Market Administrator Company (CAMMESA or the "Shipper").

For background, it should be noted that, on one hand, Emergency Decree No. 76/2022 empowered ENARSA (with the approval of the Ministry of Economy) to freely negotiate contracts regarding transportation capacity with producers and/or shippers for the construction or expansion, in whole or in part, of the GPNK. Notably, the contracted transportation capacity will not be subject to the natural gas transportation rates approved by the National Gas Regulatory Entity (ENARGAS, for its Spanish acronym, Ente Nacional Regulador del Gas), which will apply to the uncommitted transportation capacity.

On the other hand, for background to the Contract, Resolution No. 828/2023 of the Ministry of Economy had approved its execution with the ultimate goal of replacing liquid fuels used in the generation of electricity and other industries, as well as facilitating the eventual export of natural gas.

Main provisions of the Contract:

1. Purpose: The Shipper agrees to deliver or have delivered natural gas to the Transporter for transportation, and the Transporter agrees to receive, transport, and deliver natural gas to the Shipper or on behalf of the Shipper to whomever the Shipper designates, in quantities of cubic meters equivalent to 9,300 kcal/m³ between the point(s) of receipt at the entrance of the GPNK near Tratayén, Province of Neuquén, and the point(s) of delivery that will enable the entry of natural gas into the gas pipeline called "NEUBA II" in the TGS system, in the locality of Salliqueló, Province of Buenos Aires, in a first stage, and subsequently to the locality of San Jerónimo, Province of Santa Fe.
2. Character of Supply: The transportation service will not be subject to reductions and will be firm and uninterrupted. It may only be reduced and/or interrupted in exceptional operational and/or natural gas supply situations.
3. Term: The Contract will come into effect on June 20, 2023, and will remain in force and effect until June 20, 2058. The Contract will be renewed for successive periods of 1 year until either the Transporter or the Shipper expresses its intention to terminate it.
4. Contracted Daily Quantity (CDQ): Up to 25,000,000 m³/day, distributed as provided in Article 6 of the Contract.
5. Right of Priority: CAMMESA will have the right of priority for contracting with ENARSA for any new capacity suitable for operation, for partial quantities and up to the total additional capacities that the GPNK Project (as defined in the Contract) will contribute, in which ENARSA obtains rights to transport natural gas.
6. Price: (i) during the first 15 years, equal to $1.023 USD/m³ per month of daily capacity, and (ii) starting from year 16, equal to $0.023 USD/m³.
7. Assignment: The Shipper, with the prior authorization of the Transporter and the Regulatory Authority, may fully and/or partially assign the rights arising from this Agreement to the Generator(s) Agent(s) of the Wholesale Electricity Market (WEM) that it deems appropriate.
8. Jurisdiction: The Contract shall be governed by and construed and interpreted in accordance with the laws of the Argentine Republic. Disputes may be referred to the Secretary of Energy at the administrative level, and judicially the Federal Civil and Commercial Courts of the Argentine Republic with jurisdiction in the Autonomous City of Buenos Aires is established.

For additional information, please contact Nicolás Eliaschev, Javier Constanzó, and/or Rocío Valdez.

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Electricity Transmission: Expansion of Existing Capacity. New Network Works and Associated Infrastructure

On June 12, 2023, Resolution No. 507/2023 of the National Energy Secretary (‘Resolution 507’) was published in the Official Gazette. Resolution 507 approved the following plans: (i) the Extra-High Voltage Electric Power Transmission System Expansion Plan (500 kV); (ii) the Existing Extra-High Voltage Electric Power Transmission Stations Revamping Plan (500 kV); (iii) the Existing High and Medium Voltage Transformer Stations Revamping Plan (132 kV); and (iv) the High and Mid Voltage Electric Power Transmission System Expansion Plan.

These plans aim to address the curtailment of some corridors of the transmission system and their respective transformer facilities, without the possibility of connecting potential renewable areas with the major demand nodes.

Furthermore, Resolution 507 requires the Federal Council of Electric Power (CFEE, for its Spanish acronym, Consejo Federal de la Energía Eléctrica), the Committee for the Administration of the Federal Electric Power Transmission Trust Fund (CAF, for its Spanish acronym, Comité de Administración del Fondo Fiduciario para el Transporte Eléctrico Federal), the Wholesale Electricity Market Administrator Company (CAMMESA, for its Spanish acronym, Compañía Administradora del Mercado Mayorista Eléctrico S.A.), the Special Unit for Electric Power Transmission System (UESTEE, for its Spanish acronym, Unidad Especial Sistema de Transmisión de Energía Eléctrica), the Works Commission Resolution No. 1/03, and the Committee for the Administration of the Electric Power Supply Transmission Works Trust (FOTAE, for its Spanish acronym, Fideicomiso de Obras de Transporte para el Abastecimiento Eléctrico) to collaborate with the Energy Secretary in order to carry out the infrastructure projects involved in this resolution.

Resolution 507 does not establish the mechanisms by which these plans will be implemented, which will be subject to complementary regulations.

The following details the network and associated infrastructure covered by each plan:

I. Extra-High Voltage Electric Power Transmission System Expansion Plan

This plan is included in Annex I of Resolution 507, transcribed below:

II. Existing Extra-High Voltage Electric Power Transmission Stations Revamping Plan

This plan is included in Annex II of Resolution 507, transcribed below:

III. Existing High and Medium Voltage Transformer Stations Revamping Plan

This plan is included in Annex III of Resolution 507, specifying the works to be carried out in TRANSBA, TRANSNEA, TRANSNOA, TRANSPA, DISTROCUYO, EPESF, ENERSA, EMSA, SECHEEP, and DPEC.

IV. High and Medium Voltage Electric Power Transmission System Expansion Plan

This plan is included in Annex IV of Resolution 507, specifying the works to be carried out in TRANSNOA, TRANSBA, DISTROCUYO, TRANSNEA, TRANSCOMAHUE, and TRANSPA.

For additional information, please contact Nicolás Eliaschev, Javier Constanzó, and/or Rocío Valdez.

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Secretary of Energy introduces significant news in the Corporate Renewable PPA Market – Expansion of Transmission Facilities

The Secretary of Energy has issued Resolution 360/2023 (“Resolution 360”) that introduces significant changes in the regulations of the Corporate Renewable PPA Market (“MATER”, for its Spanish acronym, Mercado a Término de Energías Renovables).

Certain large power consumers (i.e., mining, refineries, and other industries) may also have an interest in Resolution 360 whereby such regulation enables the request for dispatch priority in connection with future transmission expansions that may be undertaken by players in the power demand area.

As of the regulations introduced, dispatch priority may now be requested by renewable generators, large users (or a combination thereof).

Resolution 360 seeks (among other goals) to: (a) promote completion of renewable projects under construction, (b) address curtailment matters (by allowing a revamped mechanism of dispatch priority award), and (c) enable financing/funding from the private sector.

We understand that Resolution 360 is a positive step that will help continuing developing the MATER, in turn allowing off-takers to source their consumption needs from the grid through corporate PPA. Some of the matters addressed by Resolution 360 were discussed in the seminar held by our firm with Aires Renewables – a summary of this seminary may be accessed here.

Main changes included in Resolution 360 are:

1.Association between renewable projects associated and large users with an incremental power demand

Under Resolution 360, new renewable projects are allowed to submit before the ISO (CAMMESA) a request for dispatch priority with respect to joint incremental power demand projects equal to or greater than 10 MW.

Such request must be submitted by the renewable generator jointly with the off taker for which the request is being filed.

2. Transmission expansions associated to MATER projects

Renewable generation projects acting under the MATER may undertake transmission expansion works. Such projects will have dispatch priority.

3. Partial curtailment mechanism

For existing transmission facilities with no full availability to assign dispatch priority (i.e., dispatch priority granted for less than the installed capacity of the renewable project), the ISO (CAMMESA) may assign partial dispatch priority.

In any case, under this alternative, generators will be able to deliver energy into the grid with a 92% probability (i.e., 8% curtailment chances).

4. Other modifications

(a) Legacy renewable projects are allowed to enter the MATER

Resolution 360 enables legacy renewable generators under GENREN to act within the MATER, subject to meeting certain criteria and paying an entry-fee.

(b) Amendments to Resolution 281 and complementary provisions

Resolution 360 introduced:

• For those projects with dispatch priority that have not complied with the committed date for COD with committed commercial operation date are banned from requesting dispatch priority for the following four (4) quarters following the committed date for COD.
• However, COD may be extended for 720 days if a late COD penalty is paid.
• Partial COD is allowed in which case dispatch priority will be pro rata. Late COD penalties will be calculated for the capacity that is not operational.

(c) Funding of a Transmission Fund

Finally, Resolution 360 determined that all receivables (e.g., fees, extension requests, relocation requests and access to the MATER requests) will be destined to a fund for transmission expansion works.

For additional information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone and/or Rocío Valdez.

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The Secretary of Energy introduces new rules allowing early termination of PPAs and to help free up transmission capacity

On April 25, 2023, the Secretary of Energy issued Resolution No. 284/2023 (“Resolution 284” and the “SE”), which includes new rules allowing early termination of Power Purchase Agreements (“PPA”) entered under Resolution No. 202/2016 of the former Ministry of Energy and Mining that have not yet achieved  commercial operation date (“COD”), and RenovAr 2 and 3.

The purpose of Resolution 284 is to help free up power transmission capacity, in turn making it available to new projects and subject to request for dispatch priority.

Similarly, Resolution SE No. 1,260/2021 had already contemplated the right to amend the terms of PPAs under RenovAr 1, 1.5, 2 and 3, in addition to early-exit rights (for additional information on Resolution SE No. 1260/2021, please click here). However, Resolution 284 only allows early termination and is limited to PPAs under Resolution No. 202/2016 of the former Ministry of Energy and Mining and RenovAr 2 and 3.

Following the enactment of Resolution 284, Annex 3 of the Corporate Market Regime (MATER, for its Spanish acronym, Mercado a Término de Energías Renovables) that is updated and published periodically by Compañía Administradora del Mercado Mayorista Eléctrico Sociedad Anónima (CAMMESA), should be followed closely to see whether the capacity being released will be included in such annex and if dispatch priority requests will be allowed with respect to such new capacity.

Please see below a summary of Resolution 284.

1. Key takeaways of Resolution 284

1.1. Eligible projects for early termination

Projects with PPA under (a) Resolution 202/2016 of the former Ministry of Energy and Mining, that have not obtained COD, and (b) RenovAr 2 and 3, may choose to voluntarily terminate their PPA.

1.2. Requirements for early termination

Projects that may choose to voluntarily terminate their PPA must:

1. Make a one-off payment of US$ 35,000 per MW;
2. Waive to any right, action or administrative, judicial, extrajudicial or arbitration claim, either in local or foreign venue, against the National Government, the SE and/or CAMMESA;
3. Indemnify the National Government against, and hold the National Government harmless from, any action, administrative, judicial, extrajudicial, extrajudicial or arbitration claim, either in local or foreign venue, that may be asserted by its shareholders or controlling, controlled or affiliates; and
4. Waive to any tax benefits granted thereto.

1.3. Deadline for requesting early termination

All requests must be filed with CAMMESA within a term no longer than 30 calendar days as of April 25, 2023 (i.e., May 25, 2023). Since May 25 and 26, 2023 are holidays in Argentina, it is advisable to confirm with CAMMESA if requests will be received on the business day immediately thereafter (i.e., May 29, 2023).

2. Additional matters

The proceeds of the termination payments will be destined to the Fund for the Development of Renewable Energies (“FODER”, for its Spanish acronym, Fondo para el Desarrollo de las Energías Renovables).

Projects that are early terminated will also be required to terminate their FODER Joinder Agreement.

For additional information, please contact Nicolás Eliaschev, Javier Constanzó and/or Rocío Valdez.

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New complementary rules in connection with Distributed Generation in the Province of Buenos Aires

On April 5, 2023, Resolution No. 463/2023 of the Ministry of Infrastructure and Public Services of the Province of Buenos Aires ("Resolution 463") was published in the Official Gazette of the Province of Buenos Aires, supplementing Provincial Law No. 15,325 and Regulatory Decree No. 2371/2022 (for additional information about these rules, please visit the following link), which establishes the technical, legal, economic, contractual and rate conditions that are necessary to allow self-generation of renewable origin in the area under the competence and jurisdiction of the Province of Buenos Aires, by users-generators for their self-consumption, and the eventual injection of surpluses to the distribution grid.

1. Regulatory background

Law No. 27,424, passed by the National Congress on November 30, 2017, approved the federal regime for the promotion of distributed generation of renewable energy (for additional information on Law No. 27,424, please visit the following link). Section 40 of the law invites the provinces and the Autonomous City of Buenos Aires to adhere and, in turn, issue their regulations at a local level.

Within such framework, Law No. 15,325, passed by the Congress of the Province of Buenos Aires on April 21, 2022, adhered to Law No. 27,424. This law declared distributed generation of electric energy from the use of renewable energy sources, for self-consumption and the eventual injection of the surplus to the provincial electric distribution network, as of provincial interest. Additionally, this law adheres to the promotional, tax, fiscal and financing benefits established in Law No. 27,424.

On January 11, 2023, provincial Decree No. 2371/2022 was published, regulating Law No. 15,325. As from its enactment, the users-generators of the Province of Buenos Aires that were authorized to generate energy from renewable sources for self-consumption may register in the Registry of Users-Generators of Renewable Energy of the Province of Buenos Aires (the "RUGER", for its Spanish acronym, Registro de Usuarios-Generadores de Energía Renovable de la provincia de Buenos Aires) with the possibility of accessing the tax advantages related to exemptions in the Stamp Tax and in the Gross Income Tax. The decree designates the Ministry of Infrastructure and Public Services as enforcement authority, entrusted with regulating powers.

2. Relevant aspects of Resolution 463

Resolution 463 includes three annexes, which are described below.

Annex I establish the Connection Regulations for Residential Users-Generators (the "Regulations"). The purpose of the Regulations is to establish the technical, legal, economic, contractual and rate conditions necessary to allow self-generation of power from renewable sources in the provincial grid, in accordance with Provincial Law No. 11,769. In effect, the Regulation establish the procedure for the installation and connection of distributed generation equipment, the technical requirements for its installation, the technical feasibility study to be carried out by the distributor, the connection request to be requested by every user-generator, the rights and obligations of the user-generator and the distributor, and the measurement and billing system.

Annex II sets forth: (i) the pass-through mechanism, which allows passing through a representative value of the average purchase cost in the Wholesale Electricity Market, and the transportation costs; (ii) parameters in connection with the calculation of the rate; and (iii) the initial values of the variables included in the mathematical expressions for calculating the rate parameters.

Finally, Annex III establishes the procedure and requirements for registering in the RUGER. This will contain statistical information on user-generators connected to the distribution network of provincial and municipal distributors. The registry will allow user-generators to obtain the tax benefits established by Provincial Law No. 15,325, special credit lines established in the province, as well as any other benefit that may be foreseen in the future.

For additional information, please contact Nicolás Eliaschev, Javier Constanzó, and/or Rocío Valdez.

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Resolution No. 165/2023 of the Secretary of Energy: Amendment to Resolution No. 285/2018 of the former Ministry of Energy and Mining

On March 20, 2023, Resolution No. 165/2023 of the Secretary of Energy ("Resolution 165") was published in the Official Gazette. Resolution 165 amends Article 1 of Resolution No. 285/2018 of the former Ministry of Energy and Mining ("Resolution 285") –which in turn had been previously amended by Resolution No. 742/2021 of the Secretariat of Energy ("Resolution 742")–, in connection with the applicable monthly payment cap of penalties foreseen under the power purchase agreements from renewable sources executed under the RenovAr Program Rounds 1, 1. 5, 2 and 3 and Resolution No. 202/2016 (the "PPA").

Initially, Resolution 285 set forth rules to be implemented by Compañía Administradora del Mercado Mayorista Eléctrico S.A. ("CAMMESA") regarding the termination of the PPAs, as well as payment terms for the penalties applicable for non-compliance with commercial operation dates (“COD”) and the supply of the contracted energy.

Accordingly, Article 1 of Resolution 285 established that the amount of the penalties imposed by CAMMESA in connection with the foregoing (the latter is not applicable to projects awarded under the RenovAr Program Round 3), could be offset starting on COD date from monthly payments to be made by CAMMESA to the generator under the PPA for the supplied energy (“Energy Payments”) in: (i) 12 monthly, equal and consecutive installments; or (ii) upon generator's decision, notified to CAMMESA, in up to 48 monthly, equal and consecutive installments, bearing interest at a 1.7% per annum.

Subsequently, Resolution 742 amended Resolution 285, in order to enable the projects that had experienced delays in COD, by adding that monthly payments payable in 48 installments would be limited up to 40% of the monthly gross revenue.

Likewise, if after the installments had been paid, there would be a balance, the same payment terms would be applied until the total payment of the penalties owed under the PPA would be paid. However, under Resolution 742, installments could not exceed the tenor of the PPA.

By means of Resolution 165, generator’s alternative to pay penalties in 12 or 48 installments as foreseen under Resolution 285 is still in force. Nevertheless, Resolution 165 added the following distinction:

1. The cap for monthly payments of the penalties was reduced to 20% of Energy Payments, and such cap applies until penalties are paid in full. This 20% cap will only be applicable as long as the installments for the payment of the penalties do not exceed the tenor of the PPA.
2. Provided that the remaining balance exceeds the tenor of the PPA, CAMMESA is authorized to restructure the applicable conditions or to increase the cap from 20% up to40% of the Energy Payments.

For additional information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone and/or Rocío Valdez.

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Adhesion to the Power Availability and Efficiency Improvement Agreement for Combined Cycles

On February 7, 2023, Resolution No. 59/2023 of the National Secretariat of Energy (the "Resolution") was published in the Official Gazette with the purpose of enabling generators owning thermal power plants whose technology is classified as combined cycle (the "CC Generators") to adhere to a Power Availability and Efficiency Improvement Agreement (the "Agreement"). This Agreement will be subscribed with the Compañía Administradora del Mercado Mayorista Eléctrico S.A. ("CAMMESA"), on behalf of Distributors and Large Users of the Wholesale Electricity Market (the "WEM"), to promote necessary investments for major and minor maintenance of the existing generation equipment not committed in power purchase agreement ("PPA"). In this regard, the Agreement will ensure the supply of demand in the medium and long term, guaranteeing lower energy production costs.

The aim of the Resolution is to establish an additional remuneration scheme to the high efficiency thermal generators with energy or power not contracted under a PPA -i.e., those who receive their remuneration under Resolution No. 826/2022 of the Secretariat of Energy (the "Resolution 826")-, that due to their age may require the performance of minor and major maintenance tasks, and bear the costs of the investments associated with such tasks.

Relevant aspects of the Resolution and the Agreement

A. Purpose of the Resolution

As described before, the purpose of the Resolution is to promote the necessary investments for the execution of minor and major maintenance to maintain the reliability and availability of power of the combined cycle equipment not committed under PPA, in order to satisfy the requirements of the electricity demand in the WEM in the medium and long term. For such purpose, the CC Generators shall sign the Agreement attached as Annex to the Resolution.

B.Relevant aspects of the Agreement

The Agreement establishes:

1. The characteristics of the commitment of the qualified generator, stipulating an availability commitment of no less than 85% of the net power installed;
2. The units and power committed;
3. The price of the energy generated (fixed in U$S/MW-months);
4. The remuneration of the committed power, which will be governed in accordance with Resolution 826, with respect to the units included in the Agreement (fixed in U$S/MW-month), excluding non-fuel costs from the remuneration (cfr. point 5.1 of Annex II of Resolution 826);
5. CC Generating Agents agree to a 35% reduction on the price for the Guaranteed Capacity Offered DIGO under the terms of Resolution 826, applicable in the months of December, January, February, June, July and August, and 15% on the price for the Guaranteed Capacity Offered DIGO in the months of March, April, May, September, October and November;
6. The commercial documentation and the payment to be paid by CAMMESA, with the respective applicable exchange rate (Communication "A" 3500 BCRA);
7. The term, which in accordance with article 2 paragraph c. of the Resolution, may not exceed five (5) years; and
8. In relation to the machines included and the terms of the Agreement, the CC Generators shall irrevocably, fully and unconditionally waive any administrative claim or judicial proceeding that it has initiated and is in progress against the National Government, the Secretariat of Energy and/or CAMMESA related to the remuneration in force or that it may initiate in the future.

C. Procedure to proceed with the adhesion and signing of the Agreement

Those CC Generators interested in signing the Agreement shall submit to CAMMESA within 90 days from the publication date of the Resolution -term that, if no extension is granted, will be effective on May 7, 2023-, the following information:

1. The unit/s that will assume the commitment;
2. Net power of each one of the units and committed availability (which will be 85% of the net power); and
3. Term of the Agreement for each of the units (which will start from the subscription of the Agreement and may not exceed 5 years).

Finally, the Undersecretary of Electric Energy is authorized to issue the complementary or clarifying rules required for the implementation of the Resolution.

For additional information, please contact Nicolás Eliaschev, Javier Constanzó, María Eugenia Muñoz and/or Rocío Valdez.

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