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On March 16, 2022, the Energy and Gas Regulation Commission (CREG) issued Resolution No. 501 26A, by means of which it resolved a request for the imposition of connection easement, obeying the postulates of: the Political Constitution of Colombia understanding that property is a social function; private interest will yield to the public or social interest; public services are inherent in the social purpose of the State and that it is their duty to provide efficient services to all inhabitants of the national territory, and to those established in Law 142 of 1994 which, in addition to establishing the provision of public services and their constitution as essential services, describes the procedure to be able to fulfill the social function and guarantee access and interconnection of companies or entities providing such services.

Law 142 of 1994 also established that, within the entities that have the power to impose easements by administrative act, there are regulatory commissions, and with respect to easements, it established that these are extinguished for the reasons provided for in the Civil Code and the Contentious-Administrative Code (if they come from an Administrative Act).

In the particular case, the company DUE CAPITAL AND SERVICES S.A.S. advanced certain steps with the aim and objective of accessing a connection point for the Matakavi photovoltaic solar generation project  for the Vaupés Non-Interconnected Zone, with a generation capacity of 7.6  MWp, with an accumulation of 8.8 MWh  and initiated the connection request process, in compliance with the provisions of CREG Resolution 091 of 2007. The Ministry of Mines and Energy and CENSA remained silent, and CENSA has declared its lack of competence in the matter. Therefore, the request, based on Laws 56 of 1981, 142 and 143 of 1994, was submitted to the CREG. Its main request was none other than to impose an easement for the connection of the DUE Photovoltaic Generation Project to the Mitú-Vaupés Electricity Network, to Tower 177 whose owner is the Ministry of Mines and Energy, but whose use is headed by GENSA.

What does the Law say?  Law 142 of 1994 establishes that, in the event that the parties do not reach an agreement regarding the shared access or interconnection of goods essential for the provision of public services, it will be the Regulation Commission that may impose an easement on whoever has the use of the good, and GENSA is the one who owns the use and enjoyment of the infrastructure on which the imposition of the easement is requested.

The technical analysis also “passed the test”, because on the one hand the technical concept issued by the person in charge of the operation of the asset to which the connection is intended was considered and, on the other, the review of the configuration of the energy system of the relevant Mitú commercialization market was advanced. Additionally, GENSA issued a favorable opinion on the feasibility and technical feasibility of the connection.

On the other hand, it was established that the energy system of the relevant marketing market of Mitú has a generation park made up of a diesel plant, which has the generator delivery bar on the 480V board, and a micro hydroelectric plant, which has the generator delivery bar on the 34.5 kV board.  and with respect to the distribution system, it is found that it is formed at voltage level three (NT3) by the 34.5 kV line and the Mitú Substation, having as one of the connection and start points the 34.5 kV board, and another point after the 1.6 and 2.5 MVA step-up transformers that connect to the gantry with 13.8 kV barrage of the Mitú Substation,  assets operated by GENSA;  voltage level two (NT2) is made up of Circuit 1 Inaya, Circuit 2 Centro and Circuit Yararaca, and the derivations of the 34.5kV line that operate at the respective voltage level; on voltage level one (NT1) no information was provided in development of the action, but it is understood that these assets,  as well as those of NT2, are operated by the Governor’s Office.

On the application for the imposition of easement, GENSA pronounces itself favorably on the connection of the Matakavi project, subject to the execution of a series of works in the Mitú Substation, related in the respective concept, and the technical report that accompanies said concept.

Regarding the request to the CREG to establish the technical conditions in which the connection of the Matakavi generator to the network will be made, the technical conditions that must be observed, not only for this case, but in a general way for the connection of generators in ZNI, were defined by CREG Resolution 038 of 2018.

Thus, the decision was none other than to impose the electrical connection easement on the 34.5kV line “Transmission Line from the MCH Mitú to the Mitú Electric Substation” in special contract No. GGC 209-2013 signed between GENSA S.A. E.S.P. and the Ministry of Mines and Energy, in tower 117, to connect photovoltaic solar generation with peak capacity of up to 7.6 MWp and up to 8.8 MWh of accumulation; in charge of GENSA S.A.  E.S.P. or the operator that in the future has the administration, operation, use and enjoyment of the 34.5 kV line; in favor of DUE CAPITAL AND SERVICES S.A.S.

Hemberth Suárez Lozano

Founding partner of OGE Legal Services

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