Resolution No. 311/2025
Banking & Financial Institutions, Power and Public Law Departments Report | Resolution No. 311/2025.
On July 21, 2025, the Secretariat of Energy of the Ministry of Economy of the Nation (“SE“), issued Resolution No. 311/2025, which was published in the Official Gazette on July 22, 2025 (“Resolution 311“) (see attached). Resolution 311 introduces various amendments to the current regulations aimed, as stated in its Recitals and based on studies conducted by Compañía Administradora del Mercado Mayorista Eléctrico S.A. (“CAMMESA”), at promoting regulatory mechanisms and investment incentives necessary to address structural deficiencies in high and medium-voltage transmission networks, in order to prevent, reduce and/or mitigate the risk of constraints and collapses in the transmission system, particularly in regions such as the Argentine Northwest, Argentine Northeast, Cuyo, and Greater Buenos Aires.
These amendments are also based on previously issued regulations for similar purposes, mainly:
-Resolution No. 294/2024 of the SE —which modified Annexes 16 and 19 of “The Procedures” to promote investments in the transmission system—,
-Resolution No. 715/2025, through which the Ministry of Economy declared the execution of 17 transmission system expansion works a national priority, comprising the so-called “National Plan for Electric Transmission Expansion”, and
-Decree No. 450/2025, by which the Executive Branch introduced certain amendments to Laws No. 15,336 and No. 24,065, which make up the Electric Regulatory Framework.
Below is a summary of the main measures established in Resolution 311:
a-Transmission Expansions through Public Works Concessions.
The SE instructed the Undersecretariat of Electric Energy (“SSEE“) to include a new section in the Regulation on Access to Existing Capacity and Expansion of the Transmission System (Annex 16 of “The Procedures”), to provide for transmission expansions via Public Works Concessions.
b-Preparation of bidding documents.
The SE instructed SSEE to draft bidding documents for the following strategic projects under the National Transmission Expansion Plan:
-AMBA I (Province of Buenos Aires);
-500 kV Río Diamante – Charlone – O’Higgins Line;
-500 kV Puerto Madryn – Choele Choel – Bahía Blanca Line.
c-Benefits for projects developed with Private Funds – Dispatch Priority and Usage Priority.
Resolution 311 provides that bidding documents may allow the total or partial execution of works with private funds in exchange for the following benefits:
-Grant dispatch priority under Article 6 ter of the Annex to Resolution No. 281 of the former Ministry of Energy and Mining (“Dispatch Priority”); and/or
-Priority use of up to 90% of the capacity to be built, for the project’s useful life, which must be certified by the company (“Usage Priority”). Only in exceptional and well-justified cases may the National Electricity Regulatory Agency (“ENRE” or, once operational, the newly created National Gas and Electricity Regulatory Agency under Decree No. 452/2025) consider a request for Usage Priority exceeding 90% of the capacity.
It is also established that both Dispatch Priority and Usage Priority may be wholly or partially assigned to third parties, provided they are agents or participants of the Wholesale Electricity Market (“MEM”), under terms freely agreed by the parties. Such assignment must be previously notified to CAMMESA and ENRE (or its successor entity).
d-New parties authorized to request expansion works.
Resolution 311 amends the first paragraph of Article 8 of Section 2.2 – Title II (Transmission Capacity Expansions by Contracts Between Parties) of the regulation in point 2 of Annex 16 of The Procedures, allowing —in addition to MEM agents— Joint Ventures formed by non-MEM parties to request transmission system expansions by signing a Construction, Operation, and Maintenance agreement with a transmission company or Independent Transmission Company.
e-Dedicated-use transmission lines. Authorization for the construction of dedicated-use lines will only be evaluated when there is no expectation —even in the long term— of the need or public convenience of shared third-party use.
f-Amendments to the Renewable Energy Term Market (“MATER”) regime.
Resolution 311 amends the MATER regime (regulated by Resolutions No. 281/2017 of the former Ministry of Energy and Mining and No. 360/2023 of the SE) to establish the following:
-The total term of the dispatch priority reservation for transmission expansions associated with MATER projects will be 10 consecutive years from the granting date. This term consists of two components: the first corresponds to the construction period and ends upon commercial commissioning (up to 1,825 consecutive days). The second starts thereafter and ends upon completion of the full 10-year term.
-Exceptionally, if the generator proves that the expansion significantly increases available capacity beyond what is required for the MATER project and/or brings additional material benefits to the SADI, the Authority may waive the generator’s payment to maintain the dispatch priority right. To this end, the generator must demonstrate the start of works with expenditures not less than 15% of the total investment.
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