Peru: Modifications to the prior consultation process for the electricity subsector

14 Feb 2025    3 minute read

In brief

On 2 February 2025, Ministerial Resolution No. 034-2025-MINEM/DM ("Resolution") was published. It amends Ministerial Resolution No. 104-2024-MINEM/DM, which approved the administrative measures under which the prior consultation process for the electricity subsector must be carried out.

Contents

In more detail

The following are the main provisions of the Resolution:

  • Administrative Measure Nos. 8 and 9, approved through Ministerial Resolution No. 104-2024-MINEM, were modified, as well as when the prior consultation should be conducted.
Resolution No. 104-2024-MINEM Resolution
Administrative Measure
No. 8		 Timing of the prior consultation process Administrative Measure
No. 8		 Timeliness of the prior consultation process
Conformity of the final-stage engineering of the project corresponding to the concession contract subscribed as a result of the private investment promotion process conducted by Proinversión, or the equivalent act provided for in the aforementioned contract Prior to the issuance of the final engineering conformity of the project corresponding to the concession contract or the equivalent act provided for in the aforementioned contract Granting of the definitive transmission concession of the project corresponding to the concession contract, subscribed as a result of the private investment promotion process or public bidding Once the citizen participation plan or the terms of reference have been approved by the competent environmental authority, according to the environmental study applicable to the project, the prior consultation process must be concluded before the approval of the environmental management instrument.
Administrative Measure
No. 9		 Timeliness of the prior consultation process Administrative Measure
No. 9		 Timeliness of the prior consultation process
Approval of the feasibility of the projects included in the National Rural Electrification Plan Before approving the feasibility of the project Declaration by the General Directorate of Rural Electrification (Dirección General de Electrificación Rural (DGER)) of the viability of the investment project” (i.e., the DGER makes the declaration of viability) Before the project is declared feasible

 

  • Additionally, the following were specified:
  1. For Administrative Measure No. 8, the guidelines to be approved must state that the General Directorate of Electricity shall request the competent environmental authority to submit the corresponding documentation where the stakeholders identified within the area of direct and indirect influence of the investment project are verified.
  2. For Administrative Measure No. 9, the DGER will send the corresponding documentation contained in Report No. 2 of the pre-investment study, for the start of the consultation process prior to the projects proposed by the DGER.
  3. Projects that have not commenced construction and are currently being processed by the General Office of Social Management will be handled by that office in accordance with the administrative measures established in Ministerial Resolution No. 104-2024-MINEM.
  • Likewise, the Resolution provides for the publication of the draft directive that approves the "Guidelines for the implementation of the prior consultation processes in the electricity subsector." The directive's purpose is to establish the guidelines that regulate the actions to be carried out within the framework of the evaluation and implementation of the prior consultation process in the electricity subsector.
  • Interested parties have until Tuesday, 12 February 2025, to submit comments or contributions to the draft directive through the Ministry of Energy and Mines, located at Av. Las Artes Sur N.º 260, district of San Borja, or by email to lineamientoscpe@minem.gob.pe.

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We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

Click here to read the Spanish version.

 

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