Peru: New procedure for force majeure qualification for unscheduled outages and exemption from compensation for scheduled outages

On 12 July, Resolution No. 124-2023-OS/CDcame into effect, which approved the Procedure for the Qualification of Requests for Exclusion of Interruptions of Electric Service for the Calculation of Compensation ("Procedure").

This Procedure regulates the requests for exclusion of interruptions of electric service for the calculation of compensation under the Technical Norm of Quality of Electric Services, for the following reasons:

• Qualification of force majeure for unscheduled interruptions;
• Exoneration of compensation for programmed interruptions.

Thus, the Procedure replaces and repeals Resolutions No. 010-2004-OS-CD and No. 106-2010-OS, which regulated these two issues separately.

Below, we share the main guidelines approved in the Procedure:

1. Qualification of force majeure for unscheduled outages

• The exclusion of unscheduled outages for the calculation of compensation for force majeure qualification applies to events occurring in generation, transmission and distribution facilities.
• The applicant has two working days from the beginning of the interruption of service to communicate the event to OSINERGMIN.
• Within 15 calendar days from the day following the end of the interruption, the applicant must submit to OSINERGMIN the request for qualification of force majeure.
• OSINERGMIN must issue its pronouncement within a maximum term of 30 calendar days from the day after the request is filed, otherwise it will be understood as approved.

2. Exoneration of compensation for programmed interruptions

• The exclusion of programmed interruptions for the calculation of compensation applies to transmission and/or distribution facilities.
• The exoneration proceeds in the following cases:
  .
  - Expansion or reinforcement of existing facilities;
  - Execution of large-scale and/or public interest works in other sectors
  - Execution of works within the process of expansion of the electric frontier in rural areas, isolated and frontier localities of the country, within the scope of the General Law of Rural Electrification.
   
• The request must be submitted no less than 15 calendar days prior to the date on which the interruption is foreseen.
• OSINERGMIN must issue its pronouncement within a maximum term of 10 calendar days from the day after the request is submitted, otherwise it will be understood as approved.
• If the programmed interruption is not carried out, or the prior communication to the users or suppliers, as the case may be, is not complied with, the resolution becomes null and void.
• If the company cannot execute the cutoff on the date approved by OSINERGMIN for reasons beyond its control, it may execute it within the following 30 calendar days.

Requests submitted before 12 July will continue to be governed by Resolutions No. 010-2004-OS-CD or No. 106-2010-OS, as applicable.