As part of the implementation of recently enacted Law No. 21,883 on Electricity Tariff Protection and Official Letter No. 1158 of the Ministry of Energy, on August 18, 2026, the National Energy Commission (“CNE”) issued Exempt Resolution No. 437/2026, extending the classification of transmission system facilities established for 2024.
- Content of the Resolution
The resolution extends, for a one-time period, until December 31, 2032, the application of the classification of transmission facilities contained in the Final Technical Report on the Classification of Transmission System Facilities. This report was approved by Exempt Resolution No. 460, dated August 30, 2024, and has subsequently been amended, most recently by Exempt Resolution No. 410, dated August 6, 2026. The extension covers both the additions and updates already made during the 2024–2027 period and those that may be required during the new extended period of application, pursuant to Articles 87, 100 and 102 of the General Electricity Services Law and Articles 8 and 9 of the Classification Regulations.
Accordingly, the mechanism for the monthly incorporation, within the first five business days of each month, of facilities that enter into operation or that, pursuant to applicable regulations, must be incorporated into or updated in the classification resolution, will remain in effect.
- Observations
This measure seeks to provide greater stability to the transmission sector and allow for the organization and completion of transmission facility inventories in greater detail before the classification is reviewed again. This is particularly relevant in light of potential changes in the classification of facilities as public service facilities—whether national or zonal—or dedicated facilities, as such changes trigger the obligation to negotiate transmission agreements in accordance with the applicable legal framework.
It is worth highlighting that this authority is being exercised on a one-time basis. Therefore, the new validity period, extended through December 2032, constitutes the definitive timeframe within which the current classification will remain in effect, without prejudice to the continued incorporation of monthly updates in accordance with applicable regulations.
Si requiere información adicional sobre esta materia, contactar a Francisco López (flopez@jdf.cl) o Eduardo Silva (esilva@jdf.cl).
