Panama: Wetgeving Energiesector
From Handelswijzer Midden-Amerika
The legal framework for the electricity sector is composed of Law No. 6 of 3 February 1997, as amended by Decree Law No. 10 of 26 February 1998 and regulated by Executive Decree No. 22 of 19 June 1998. Law No. 26 of 29 January 1996, as amended by Decree Law No. 10 of 22 February 2006, reorganized the structure and responsibilities of the regulatory body, the Autoridad Nacional de los Servicios Públicos – ASEP (National Public Service Authority). The rules governing the wholesale electricity market are laid down in Resolution No. JD-605 of 24 April 1998. In addition, Law No. 45 of 4 August 2004 establishes an incentives scheme to promote the generation of hydroelectricity and electricity from other renewable, clean sources of energy.
The building and operation of hydroelectric and geothermal power stations, like distribution, are subject to a concessions regime. The building and operation of generating plants using other technologies, on the other hand, are subject to a licensing regime. To obtain a concession or licence, the application must meet the technical requirements specified in the legislation, consisting mainly of approval of the environmental impact study by the Autoridad Nacional de Ambiente (National Environmental Authority). Concessions and licences are given for a renewable period of 50 and 40 years, respectively. The ASEP is responsible for granting such concessions and licences and for guaranteeing national treatment of foreign investors.
Electricity generating companies providing a public service may not participate either directly or indirectly in the control of companies distributing electricity. Likewise, distribution companies may only participate directly or indirectly in the control of generating plants when total aggregate generating capacity exceeds 15 per cent of expected demand in their concession area. Generating companies subject to concessions (hydroelectricity) and distribution companies may not apply for new concessions resulting in participation of over 25 per cent and 50 per cent, respectively, in their corresponding domestic markets. The ASEP is empowered to raise these percentages when it deems necessary for the expansion of the electricity system. Under Cabinet Resolution No. 76 of 19 October 2005, the 25 per cent participation applicable to hydroelectricity generating companies was temporarily increased to 40 per cent (until 2012).
Law No. 6 of 1997 guarantees all operators in the electricity market non-discriminatory access to transmission networks. Transmission companies may not participate in generation, distribution or sales to large clients.
Producers (generators and self-powered) and consumers (distribution companies and large clients) buy and sell energy and power in the wholesale electricity market. In the contracts market, participants conclude medium-term and long-term contracts with guarantee of supply through free competition. Distribution companies must contract a sufficient volume to guarantee supply to their end customers for 12 months, but they do not incur any purchasing risk because the legislation guarantees that the costs of their contracts will be covered by the rates charged to end customers. In the contingency market, participants conclude short-term contracts to dispose of surpluses or obtain supplies not envisaged in the long-term contracts.
Based on the formulas and ceilings established by the ASEP every four years, transmission
and distribution companies must submit the proposed rates for the regulated services within their concession area for ASEP approval. In the case of distributors, the rates to end customers are
regulated with the exception of large customers, which buy electricity from the wholesale market.
There are no restrictions on the import of electricity. Executive Decree No. 22 of 19 June 1998 provides that supplying the domestic market takes precedence over export of electricity. For example, a market operator may export energy and power if they are not subject to any commitment to other agents in the domestic market. The authorities have indicated that some of these rules may change in the future when the Regional Electricity Market under the SIEPAC framework comes into effect.
Bron: Organization of American State's Foreign Trade Information System (SICE)
