The Electricity Law (Decreto con Fuerza de Ley 1/1982) was amended by Law 19,674 (dated May 3 2000). The purpose of the amendment was to include certain electric services within the price fixing regime, where market conditions do not guarantee that prices are set freely.

The new law does not indicate specifically which services are to be included, stating only that they will be "services related to the distribution of electricity or which are provided by a public utility concessionaire".

The Resolution Commission (the antitrust agency) has been held to be the appropriate body to determine which services are to be covered by the price fixing regime. A determination will be in response to any request made by the Superintendence of Electricity and Fuels (Superintendencia de Electricidad y Combustibles), or any other interested party.

Examples of those services that may require price fixing include:

  • the suspension and reconnection of supply to delinquent clients;

  • the renting, maintenance or removal of power meters or hook-ups; and

  • the provision of duplicate invoices or bills.

The law indicates that the prices fixed for those services are to be calculated on the basis of cost studies and efficiency criteria.

For further information on this topic please contact Patricio Prieto or Claudio Undurraga at Prieto & Cía by telephone (+56 2 280 5000) or by fax (+56 2 280 5001) or by e-mail ([email protected] or [email protected]).

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