On December 21, 2020, the National Energy Commission (CNE) approved Exempt Resolution No. 478 which provides the definitive Tender Rules for the Public Tender Process for the supply of energy and power to distribution companies that will take place this year. As stated by the CNE, these rules include the following changes, with the purpose of reducing some risks in order to promote the participation of different energy suppliers, achieve competitive prices that will benefit regulated customers and provide more access to different types of energy:
- the optional possibility of extending the contract, which has an original duration of 15 years, for up to 3 additional years in the event of not billing all the committed energy;
- the possibility that in the event of a change of law that incorporates new billing conditions for future tenders, these may be optionally adopted by the contracts awarded in this Tender;
- and to allow and facilitate the participation of Storage Systems.
To review the final text of the Rules (in Spanish), click here.
The Tender Schedule establishes a Q&A period which ends on February 26, 2021 at 5:00 pm and establishes March 29, 2021 as the last date for making rectifications, amendments or additions to the Rules, the same day on which the CNE must respond in writing to the questions formulated during the Q&A period.
Although the Rules are definitive, they may still be subject to change due to the above mentioned. As of this date, the Rules contain the following information that we expect will be useful to you:
- 2,310 GWh/year to be tendered which will consist of one supply block, divided into 3 sub-blocks to supply energy from January 1, 2026, to December 31, 2040.
- The submission of offers will take place on May 28, 2021, the economic offers will be opened on June 17, 2021, and the public Award Ceremony will take place on June 22, 2021.
- Supply blocks:
|Tendered Energy (GWh)||Hourly Supply Block N°1-A||Hourly Supply Block N °1-B||Hourly Supply Block N °1-C||Total Supply Block Nº1|
If you have any questions regarding the matters discussed in this news alert, please contact the following attorneys or call your regular Carey contact.