Bibliographic citations
Checa, M., (2023). Informe sobre Resolución del Tribunal de Solución de Controversias del OSINERG N° 005-2005-TSC/19-2004-TSC-OSINERG [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/24334
Checa, M., Informe sobre Resolución del Tribunal de Solución de Controversias del OSINERG N° 005-2005-TSC/19-2004-TSC-OSINERG []. PE: Pontificia Universidad Católica del Perú; 2023. http://hdl.handle.net/20.500.12404/24334
@misc{sunedu/3583738,
title = "Informe sobre Resolución del Tribunal de Solución de Controversias del OSINERG N° 005-2005-TSC/19-2004-TSC-OSINERG",
author = "Checa Oliva, Mauricio Adolfo",
publisher = "Pontificia Universidad Católica del Perú",
year = "2023"
}
The purpose of this paper is to analyse, within the framework of a contractual relationship between the distribution company Luz del Sur and the generating company Empresa de Electricidad del Perú - Electroperú, what is the price ceiling applicable to the energy that is withdrawn in excess of the contracted amount and that is destined to supply electricity to regulated users in an exceptional context in which, due to a drought that affected hydroelectric generation, the price of energy in the short-term market increased exponentially with respect to the regulated price because it is a public service, during a drought that affected hydroelectric generation, the price of energy on the short-term market experienced an exponential increase compared to the price of regulated energy as it is a public service. For Luz del Sur, the price cap is the Barra Tariff according to the electricity legislation, and for Electroperú, it is the marginal cost according to the supply contract that binds both parties. On the other hand, it is analysed whether OSINERG is competent to resolve the aforementioned controversy. The exceptional context of the drought and the disproportionate differences between the short-term price and the Bar Tariff gave rise to the phenomenon known as "the contract crisis" whereby, from a commercial point of view, it was not positive for generators to enter into contracts for the supply of energy to regulated users, thus refusing to enter into new contracts or renew those that were about to expire. To address this situation, a series of emergency decrees were issued to guarantee the continuity of the public electricity service. Now, in order to address the controversial matter, the investigation develops legal concepts such as the electricity market, public electricity service, competition, among others, which lead to the conclusion that the price ceiling for energy withdrawals is the Bar Tariff and OSINERG was the competent body to resolve this controversy.
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