Suspension of Deadlines and Terms of the National Center of Energy Control

 Professional related: Horacio M. de Uriarte , Patricio Trad   |      April 3rd, 2020

On April 1, 2020, the "Resolution declaring the suspension of deadlines and terms in the acts and proceedings before administrative units of the National Center of Energy Control, from Thursday, March 26 to Sunday, April 19, 2020".

On April 1, 2020, the "Resolution declaring the suspension of deadlines and terms in the acts and proceedings before administrative units of the National Center of Energy Control, from Thursday, March 26 to Sunday, April 19, 2020" ("CENACE’s Resolution") was published by the National Center of Energy Control ("CENACE") in the Federal Official Gazette, declaring, as a measure to prevent and mitigate the spread of the Coronavirus Covid-19, the suspension of the deadlines and terms of the acts and proceedings carried out before CENACE, from March 26, 2020 until Sunday, April 19, 2020. CENACE’s Resolution provides that all actions, promotions and requests, including those made through the System of Interconnection and Connection Applications ("SIASIC"), carried out before CENACE during the suspension period will be considered as filed on Monday, April 20, 2020. Exceptions are made for the procedures and contractual obligations derived from the Law of Public Sector Procurement, Leasing and Services (Ley de Adquisiciones, Arrendamientos y Servicios del Sector Público) that are necessary for CENACE to continue carrying out essential activities, as well as the receipt of Guarantees referred to in the Performance Guarantee Manual (Manual de Garantías de Cumplimiento), for purposes of Market Participants maintaining the Guaranteed Payment Amount (Monto Garantizado de Pago) at a level equivalent to the higher of (i) the minimum value of the Basic Performance Guarantee (Garantía de Cumplimiento Básica) and (ii) the Estimated Aggregate Liability (Responsabilidad Estimada Agregada). The above implies that: (i) the terms and conditions of the proceedings before CENACE shall be suspended until April 19, 2020, and shall resume on April 20, 2020; (ii) the terms for CENACE or applicants, which expire during the suspension period shall be extended and shall resume on April 20, 2020 and (iii) the applications submitted to CENACE during this suspension period shall be deemed as submitted on April 20, 2020 (and, consequently, the term for their resolution shall start to run as from such date).

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