On January 24th, 2018, the Energy Regulatory Commission (the CRE) published in the Federal Official Gazette, an Accord that contains the terms to validate the units that will certify clean power plants and measure variables needed to determine the percentage of fuel-free energy.

Individuals or entities interested in acting as Certified Units, must submit an application through the CRE's Electronic Portal (the OPE), upon payment of processing fees. They will also need to meet the following, among others:

  1. Written submission declaring that the company carries out activities related to the verification of power generation systems through clean energies, corresponding to the corporate purpose of the company, as the case may be.
  2. List of the personnel that will carry out the technical certification, with the documentation demonstrating experience and credentials.
  3. Inventory of the measurement equipment to be used, including the corresponding calibration certificate.

A procedure to evaluate the certified unit authorization application is also established, to be admitted within 10 business days following its receipt and, if no additional information is requested, the resolution will be issued within the 15 business days after admission. If the certification is granted, the resolution will be notified to the interested party through the OPE, and its validity will be 5 years, which may be renewed by the interested party with at least 6 months prior to the expiration date.

The Accord also discloses the responsibilities and obligations of certified units, such as: (i) keep information and documentation filed through the OPE updated; (ii) notify CRE there is a change in the information and documentation that was filed through the OPE; (iii) issue the corresponding technical opinions; and (iv) keep a record of the certifications conducted during the last 5 years. Failure to comply with any of these obligations will constitute grounds for cancellation.

Finally, the elements that the technical opinions must contain are specified, which will vary depending on whether the power plant requires the application of the calculation methodology to determine the percentage of fuel-free energy or not, whose validity will be of one and three years, accordingly.

The Accord entered into effect on 25th January 2018.

Our Firm will be happy to answer any question or inquiry regarding this alert.

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