Resolution SE 83/2026. Expansions of the power transmission system through public works concessions
Energy: Power Department Report | Resolution SE 83/2026. Expansions of the power transmission system through public works concessions.
Through Resolution SE No. 83/2026 (the “Resolution”), B.O. 07.04.2026, the Secretariat of Energy (“SE”) amended the regulations governing access to the existing transmission capacity and expansions of the power transmission system to incorporate expansions carried out through public works concessions by the awardees of public tenders to be convened for this purpose by the National Government (“COP Expansions”).
Below is a summary of some of the most relevant aspects of the new regulation:
-Each awardee shall execute a public works concession contract corresponding to the respective COP Expansion.
-Private initiatives may be submitted in connection with COP Expansions, which shall be governed by the new regulation and the Private Initiative Regime approved through Decree No. 713/2024.
-The COP Expansions will be remunerated according to the mechanisms determined by the SE in each tender, through:
a-A remuneration (the “COP Remuneration”) payable to the COP concessionaire monthly to compensate for the investments made. This remuneration may be structured as a public works concession tariff payable by the beneficiaries of the expansion works, the maximum of which will be calculated by the ENRE (or, as applicable, the ENRGE), discussed in a public hearing and, finally, approved by the SE, before the first tender.
-The COP Remuneration will be paid directly to the COP concessionaire by CAMMESA, as grid administrator. The COP Expansions will enjoy the payment priority under subsection e) of Section 5.6, Chapter 5 of the CAMMESA Procedures (applicable to credits in favor of high-voltage and trunk distribution carriers), which is modified to expressly incorporate these expansions.
b-Once the COP Expansion achieves COD, an operation and maintenance fee to be determined by the ENRE (or, as applicable, the ENRGE) in accordance with the current tariff regime applicable to independent carriers for similar facilities, paid directly to the COP concessionaire by CAMMESA.
The tender documents may provide for an advance payment of the COP Remuneration, subject to the posting of a guarantee by the concessionaire for 100% of the advance.
-The tender documents must include the form of public works concession contract (“COP Contract”), the form of the Technical License to be granted by the carrier with jurisdiction in the COP Expansion area to the concessionaire and, where applicable, the supervision contract and form of connection agreement to be signed between the COP concessionaire and the corresponding Additional Provider of the Technical Transport Function (PAFTT).
-COP Contracts may not exceed a term of 30 years as from the COP Expansion’s COD. Upon termination of the contract, the COP Expansion will be transferred, at zero value, to the National State for allocation for operation and maintenance to the respective carriers and/or PAFTT.
-The supervision of the construction, operation and maintenance of the COP Expansion will be the responsibility of the carrier, or where applicable, the corresponding PAFTT.
-In addition to other interested parties, carriers with current concessions (directly or through affiliates) may participate in the tenders, in which case additional requirements will apply to evidence that the eventual award will not affect their financial and technical capabilities to fulfill their obligations as concessionaires.
The regulation also governs the procedure for obtaining access permits and certificates of suitability in these cases.