On January 25, 2016, the National Center of Energy Control ("CENACE") published in the federal official gazette a resolution introducing new template formats for transportation and distribution agreements as well as for Wholesale Power Market Participant agreements, covering generators, suppliers, traders, non-suppliers and qualified users (the "Accord ").

Transportation and distribution agreements must be executed by CENACE with the transporter / distributor or with the contractor, if the contractor acts on behalf of the transporter / distributor for the transmission or distribution of power, if applicable. 

Templates establish that CENACE will keep the basic compliance guarantee and any other guarantee granted to cover the obligations of the Wholesale Electric Market Participant, which may not be liberated or returned until its obligations are fulfilled.

The templates also state that if Wholesale Power Market Participants wish to partner with a third party, they must deliver a notice to the CENACE at least 10 business days in advance, in order for it to express any lawful concern.

Regarding a Producer, it is established that it will have a maintenance program to ensure and maintain the reliability of the Wholesale Power Market.

In the execution of the agreements or contracts based on the templates, CENACE will always appear as responsible entity of the Operational Control of the Electric National System, as well as the open access to the National Transmission Network and General Distribution Networks.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.