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On 24 September, the Regulation of Citizen Participation for the execution of Electricity Activities, approved by Supreme Decree No. 016-2023-EM ("Regulation") was approved.

The Regulation repeals Ministerial Resolution No. 223-2010-MEM/ DM, which approved the Guidelines for Citizen Participation in Electricity Activities ("Guidelines").

To whom does it apply?

Any natural or legal persvon that develops and/or executes electricity projects (whether public or private investment) in the national territory.

At what moment should citizen participation be carried out? What are the mechanisms and before which entity should it be managed?

Stage

Citizen participation mechanisms

Competent authority

Granting of temporary concession for the execution of feasibility studies related to generation activities.

On-site event

General Directorate of Electricity of MINEM or the regional government

Before and during the preparation and/or during the evaluation of the Environmental Study, Supplementary Environmental Management Instrument (SEMI) or its modification.

  • Public hearing
  • Suggestion box
  • Digital communication
  • Publication in the most widely circulated newspaper in the project area
  • Radio advertisements
  • Distribution of informative materials
  • Team of promoters or facilitators
  • Information offices
  • Informative meeting
  • Participatory workshop
  • Guided tours

General Directorate for Environmental Affairs of Electricity of MINEM or the regional government.

Subsequent to the approval of the Environmental Study, IGAC or its modification.

These are approved within the Community Relations Plan of the Environmental Study or IGAC and must detail the opportunity for compliance, the frequency and mode of delivery of the sources of verification of its execution to the OEFA.

OEFA


The Guidelines will continue to apply in the following cases:
  • Procedures for the evaluation of Citizen Participation Plans, Environmental Studies, IGAC or their modification initiated before 25 September 2023.
  • Administrative acts granted before 25 September 2023.
  • Citizen participation process linked to detailed Environmental Impact Assessments (EIAd) of electricity projects under SENACE's jurisdiction.
  • Citizen participation in the framework of the EIAd of electricity projects whose evaluation is under the competence of the regional governments, until trans-sectoral provisions on the process of citizen participation in the EIAd are established.


We trust that this information will be useful to you. Should you require legal advice on this subject for your company, please do not hesitate to contact us.

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