The draft of the DACGs for the Qualified Users Registry aims to establish a regulatory framework that facilitates Qualified Users in the registration, updating, modification, disaggregation, and cancellation of Load Centers, as well as the fulfillment of their obligations. These actions will be carried out through Qualified Service Providers using an updated electronic platform. This measure intends to increase the number of registered Qualified Users and, consequently, promote the development of the market and qualified supply.
It is important to note that these provisions have not yet been published in the Federal Official Gazette (“DOF“), so they are not binding and are subject to public consultation. Interested parties can access to the following link CONAMER to review and participate in the consultation process.
The draft of the DACGs for the Qualified Users Registry would repeal: (i) the General Administrative Provisions of General Character establishing the terms for registration in the Qualified Users Registry and the operation and functioning thereof, issued by resolution RES/2506/2017 and published in the DOF on December 6th, 2017; and (ii) the Agreement A/031/2016, published in the DOF on July 12th, 2016.
The current regulation has encountered unexpected challenges since its implementation. These include difficulties for Qualified Service Providers in representing multiple Load Centers under a single registration certificate and the lack of a procedure for requesting the cancellation, update, or modification of the Registration. Additionally, the National Center for Energy Control (CENACE) has identified issues with the current regulations, as they do not allow the registration of assets when more than one Qualified Service Provider requests registration for different Load Centers under a single certificate. This could lead to inconsistencies in the registration of physical assets and risks in market operation.
In view of the foregoing, the main objectives of the draft DACGs for the Qualified Users Registry are as follows:
- Electronic Form: Update the electronic form to streamline the process of registration, updating, modification, disaggregation, and cancellation of Load Centers.
- Registration in the Registry: Establish clear procedures and criteria for the registration process of new Load Centers.
- Information Update: Define specific procedures and criteria to update information, especially in cases of change of holder’s name, Final User, and address.
- Amendment of the Registry: Implement procedures and criteria for modifications, including changes of owner or administrator of the Load Center due to assignment of rights, asset transfer, lease contracts, sale and purchase, mergers, and spin-offs.
- Disaggregation of Load Centers: Establish Procedures and criteria will be established for disaggregation, allowing separation into independent certificates to receive Qualified Supply from different providers.
- Cancellation in the Registry: Procedures and criteria will be defined for partial or total cancellation in the Registry.
- Procedures for Providers: Procedures will be established that Qualified Service Providers must follow for the registration, updating, modification, disaggregation, and cancellation on behalf of the Final User.
In summary, the proposed regulation introduces two new procedures: the disaggregation of Load Centers and the modification of the existing registry, which are incorporated into existing procedures to meet the needs of market participants and promote a more efficient regulatory environment.
