Member Article

On Saturday, September 11, 2021, Resolution Nº 0041-2021-CD-OSITRAN was published in the Official Gazette “El Peruano”, extending the deadline for receiving comments and suggestions to the “General Guidelines to be applied in the tariff procedures under the price cap methodology or RPI-X mechanism” (the “Resolution 041”) for a period of 15 working days from its publication, that is, until October 1, 2021.

Resolution Nº 041 extends the possibility of submitting comments to Resolution Nº 031-2021-CD-OSITRAN and states that the extension has been granted by virtue of the principle of transparency and in order to grant a greater space of participation to the interested parties, which may lead to an improvement of the provisions contained in the draft guidelines.

It must be recalled that Resolution Nº 031-2021-CD-OSITRAN establishes the methodological criteria applicable in the framework of the administrative procedures for the review of maximum tariffs, in which the price cap methodology or RPI-X mechanism is used, in order to provide greater predictability on the pronouncements issued by OSITRAN in the framework of the tariff review procedures.

These guidelines shall be of an indicative nature and shall be used for the calculation of the productivity factor or “X” factor, within the framework of the tariff review procedures of the concession contracts providing for the application of the RPI-X mechanism. OSITRAN may also use other criteria, not included in the guidelines, according to the particular circumstances of each case.

In addition, Resolution 041 includes Joint Report Nº 00115-2021-IC-OSITRAN (GRE-GAJ), which contains the support that the Board of Directors endorsed to approve the extension of the term.

Finally, those interested in making comments or suggestions to Resolution 031-2021-CD-OSITRAN may send them through OSITRAN’s digital headquarters, by e-mail to [email protected] or in person.

For further information, please contact Alejandro Manayalle ([email protected]), Veronica Sattler ([email protected]) and/or Diana Briones ([email protected]).

This communication has been prepared by the Public Services Regulatory Area.