New Large Demand Regime: Incorporation of Above Trend Demands related to Data Centers and Industrial Production Processes

On September 25th, 2026, the Secretary of Energy published Resolution No. 264/2026 (the “Resolution 264”) replacing Section 13 of Resolution No. 400/2025 (please, find our comments here) and approving its regulations, thereby introducing a special regime for new Major Large Users (“GUMA”, for its acronym in Spanish) considered Above-Trend Demands (hereinafter, respectively, “GUMA XDEM” and the “XDEM Regime”) seeking to connect to the Argentine Interconnection System (the “SADI”, for its Spanish Acronym).

The XDEM Regime targets new large-scale demands equal or over 0.5% of the Wholesale Electricity Market (“WEM”) average demand, focusing on:

  1. Demands intended, in whole or in part, for intensive computational processing infrastructure such as data centers, or artificial intelligence training or inference facilities (“GUMA XDEM – Data”); and
  2. Demands intended, in whole or in part, for productive activities such as industry, mining, liquefied natural gas, hydrogen, or other productive activities with intensive electricity consumption (“GUMA XDEM – Production”).

To access the WEM, GUMA XDEM must submit, together with their application, a Supply Plan with a five (5) year horizon, ensuring: (i) covering at least eighty percent (80%) of their demand with new electricity production; and (ii) physical backing of new firm capacity equivalent to at least one hundred percent (100%) of projected peak demand for GUMA XDEM (Production) and one hundred fifteen percent (115%) for GUMA XDEM (Data). GUMA XDEM shall provide information regarding power purchase agreements and capacity agreements executed under the Corporate PPA Market and, on a monthly basis, demonstrate compliance with the Supply Plan.

Furthermore, Resolution 264 introduces charges in cases of unfulfillment of the energy and capacity consumption obligations. Additionally, in these cases, the XDEM's unbacked energy will not benefit from a supply guarantee, and any capacity coverage shortfall will result in operating restrictions being applied to the XDEM before affecting the remaining MEM demand.

Applications for incorporation into the WEM or for access to transmission capacity related to XDEM that are pending as of the effective date of Resolution 264 must be adjusted to the XDEM Regime within sixty (60) days following such date. This adjustment applies to all applicants, regardless of whether they qualify as WEM agents or not.

 

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For further information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra Martínez, María Paz Albar Díaz, Victoria Barrueco, Manuel Crespi, Sol Villegas Leiva, Nair Ivanoff Ravnensky, María Emilia Río, Fermín Bartos, and/or Felicitas Orb.


New Regime for the Termination and Amendment of Power Purchase Agreements executed with CAMMESA

On September 25, 2026, the Secretary of Energy of the Ministry of Economy published Resolution No. 257/2026 (the “Resolution 257”) which established a new voluntary regime for the termination and amendments of the Power Purchase Agreements from renewable sources (“PPA”) entered into with Compañía Administradora del Mercado Mayorista Eléctrico S.A. (“CAMMESA”) under the RenovAr Program (Rounds 1, 1.5, 2 and 3), Resolution No. 202/2016 of the former Ministry of Energy and Mining (“Resolution 202”), and RenMDI, as follows:

1. Termination of the PPAs

Subject to compliance of certain requirements and payment of 14% of the total amount of the Performance Bond, Resolution 257 allows companies owning projects awarded under any round of the RenovAr Program, or incorporated into the regime under Resolution 202, whether or not they have reached the Commercial Operation Date (“COD”), to request the termination of the PPA.

2. Amendment of the PPAs

Resolution 257 sets forth several complementary (non-exclusive) scenarios under which companies owning projects with PPAs entered into under Rounds 1, 1.5 and 2, or under Resolution 202, may request to amend the PPA, as applicable:

  1. Setting aside the committed energy obligations as of June 1, 2026, in exchange for accepting a two (2) year reduction of the Supply Period.
  2. Allowing the company to cover supply deficiencies during a recovery period equivalent to the following four (4) production years.
  3. In case of penalties for major and/or minor supply deficiencies, allowing the company to amend the PPA by accepting a reduction of the Supply Period proportional to the committed energy not supplied.

3. Extension of the Commercial Operation Date committed under RenMDI call

Projects awarded under the RenMDI call (items 1 and 2) will have the option to request an additional 365 calendar-day period on top of the Maximum Extension of the Commercial Operation Date already provided by the Bidding Terms, in exchange of a quarterly payment of US$7,000 per MW of contracted capacity and accepting a two (2) calendar-day reduction of the Supply Period for each additional day of extension actually used until COD is reached.

In all cases, the company shall waive any administrative, judicial, extrajudicial or arbitration claim against the National Government, the Secretary of Energy and/or CAMMESA arising from causes prior to the amendment or termination.

 

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For further information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra Martínez, María Paz Albar Díaz, Victoria Barrueco, Manuel Crespi, Sol Villegas Leiva, Nair Ivanoff Ravnensky, María Emilia Río, Fermín Bartos, and/or Felicitas Orb.


Advance Procurement Tender Process for “AMBA I” Transmission Expansion Works

On September 1, 2026, the Secretary of Energy published Resolution No. 218/2026 (the “Resolution 218”), instructing CAMMESA (Argentina’s ISO) to launch the advance procurement process for seven (7) single-phase transformers (the “Transformers”), their spare parts, and supervision services for installation and commissioning, for the “AMBA I” high-voltage transmission expansion works (the “Work”).

Resolution 218 is framed within the bidding process initiated by Resolution No. 202/2026 of the Secretary of Energy, which launched the National and International Multi-Stage Public Tender No. 34-0003-LPU26 for the construction, operation and maintenance of the Work under the “Expansions through Public Works Concessions” regulatory framework (the “Tender”) (see our comments here).

In this context, the Specific Bidding Terms and the Public Works Concession Agreement template provide that CAMMESA may acquire equipment in advance to be used by the selected bidder (the “Concessionaire”) in the construction of the Work.

In that regard, Resolution 218 notes that CAMMESA identified Transformers as critical to the Work’s schedule due to long international-market lead times and the resulting risk of delays to commercial operation, proposing their advance procurement.

On this basis, among other measures, Resolution 218 instructs CAMMESA to:

  1. launch, within thirty (30) days of publication of Resolution 218, i.e. September 30th, a national and international public tender for the procurement of the Transformers, their spare parts and supervision of installation and commissioning;
  2. enter into contracts with the successful bidders, acting as agent for the National Government; and
  3. once the Tender has been awarded and the Concession Agreement executed assign to the Concessionaire, at no cost, the relevant equipment supply contracts and CAMMESA’s contractual position thereunder.

 

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Energy, Infrastructure and Natural Resources Team


Public tender for “AMBA I” transmission expansion work as a Public Works Concession

On August 12th, 2026, the Secretary of Energy (the “Tender Authority”) published Resolution No. 202/2026 (“Resolution 202”), launching National and International Multi-Stage Public Tender No. 34-0003-LPU26 (the “Tender”) for the execution of “AMBA I” high-voltage transmission expansion work (the “Work”) under the “Expansions through Public Works Concessions (Law No. 17,520)” regulatory framework. The Work had previously been declared a priority expansion by Resolution No. 715/2025 of the Ministry of Economy, ratified by Decree No. 921/2025 (see our comments here, here and here).

Resolution 202 also approves the General Bidding Terms, the Specific Bidding Terms, the Technical Specifications, the Public Works Concession Agreement template (the “Concession Agreement”) and their annexes (“Tender Documents”). It also creates the Bid Evaluation Committee and provides that the Tender will be conducted through the CONTRAT.AR platform.

Resolution 202 is a milestone for the Argentine Interconnection System ("SADI", for its acronym in Spanish) and for the Argentine electricity market as a whole, launching the process to carry out the transmission works considered essential to significantly improve the conditions for supplying demand in Greater Buenos Aires, as well as the security and reliability of the area and of the SADI in general, while promoting private investment in the electricity sector under conditions of legal robustness strongly oriented towards bankability.

The main terms of the Tender Documents are summarized below:

1. Main Tender Terms

(i) Scope and Schedule

The Tender covers the construction, operation and maintenance of the Works, divided into two (2) concurrent stages. Bids are due on December 8, 2026, at 11:00 a.m., with opening at 12:00 p.m.; questions to the Tender Documents may be submitted until November 8, 2026.

(ii) Eligibility

Bidders must meet the legal, technical and financial requirements and submit a US$40 million bid guarantee valid for at least one hundred and eighty (180) days.

(iii) Economic offer and RIGI

Bidders must submit an economic offer, which comprises: (i) the total remuneration sought for the entire remuneration period (the “Total Remuneration”); (ii) the investment reference value; (iii) economic and financial indicators to be provided by the Tender Authority.

The selected bidder may apply to adhere to the Large Investments Incentive Regime (“RIGI”, for its acronym in Spanish). If rejected or withdrawn, it may still execute the Concession Agreement on the same terms, or decline, allowing the next-ranked bidder to be called. Bidders must consider the impact of RIGI on the economic offer.

(iv) IDB Guarantee

The Tender Authority also informs that the Inter-American Development Bank (“IDB”) is considering a potential guarantee for the Concession Agreement, covering up to six (6) months of remuneration for up to twenty-five (25) years, subject to its internal approvals (see the IDB report, here).

2. Main Terms of the Concession Agreement

The Concession Agreement must be entered into by the Ministry of Economy, represented by the Secretary of Energy, and the selected bidder (the “Concessionaire”). The Concession Agreement comprises two (2) periods: (i) Construction; and (ii) Operation and Maintenance. The Concessionaire will receive a monthly remuneration based on the Total Remuneration for the construction activities, to be paid through a rate charged to the beneficiary users (the “Concession Rate”). Following commercial operation, the Concessionaire will act as an Independent Transmission Carrier under the Technical License and Connection Agreement with the transmission carriers TRANSENER and TRANSBA to operate and maintain the Work, receiving a rate regulated by the regulatory body (the “ITC Rate”).

The main terms of the Concession Agreement are summarized below:

  1. Works Structure: The Works comprise two (2) stages that may be executed in parallel, which, in turn, are composed of lots. Completing each lot triggers Total Remuneration for the relevant stage, while delays may reduce the remuneration period and the Total Remuneration.
  2. Total Remuneration: CAMMESA (Argentina’s ISO) will pay the Concessionaire for up to seven (7) years for each stage, with transmission-service payment priority. Total Remuneration will be adjusted based on the U.S. PPI.
  3. Financial Contribution: The Concessionaire may receive up to US$55 million from the Wholesale Electricity Market Stabilization Fund through CAMMESA, subject to contractual milestones and a guarantee.
  4. Equipment: CAMMESA may provide equipment and related services to the Concessionaire for the Works.
  5. Guarantees: The Concessionaire must post (i) an execution guarantee equal to 10% of the Total Remuneration, which may be reduced by 65% upon completion of Stage 1, and (ii) an O&M guarantee equal to 2.5% of the Total Remuneration upon expiry of the execution guarantee.
  6. Financial Equilibrium: Adverse changes entitle the Concessionaire to renegotiation to restore the Concession Agreement’s financial equilibrium, including remuneration adjustments, term extensions or changes to the Works.
  7. Dispute Resolution: Unresolved disputes may be referred to a Technical Panel and, subsequently, to an international arbitration under the ICC Rules.
  8. Secured Creditors: Certain actions require the secured creditors’ prior consent. Upon termination due to the Concessionaire’s default, they may exercise step-in rights and appoint a qualified successor meeting the same legal, technical and financial requirements as the Concessionaire.

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For additional information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra Martínez, María Paz Albar Díaz, Victoria Barrueco, Manuel Crespi, Sol Villegas Leiva, Nair Ivanoff Ravnensky, María Emilia Río, Fermín Bartos, and/or Felicitas Orb.


New Regulation on Expansions of Power Transmission System Capacity through Public Works Concessions

On April 7, 2026, the Secretary of Energy published Resolution No. 83/2026, which incorporates a new section into the expansions of power transmission regulatory framework “Expansions through Public Works Concessions (Law No. 17,520)” pursuant to the provisions of Resolution No. 715/2025 of the Ministry of Economy (“Resolution 715”) and Resolution No. 311/2025 of the Secretary of Energy (“Resolution 311”) (see our comments on these regulations here and here).

Expansions to be carried out under the regime of the Public Works Concessions Law No. 17,520 (the “PWC Expansions”) are aimed at enabling transmission works that are essential to mitigate the risks associated with supply constraints in the Argentinean Interconnection System and to promote private investment.

The new mechanism shall be implemented by successful bidders under public tenders called by the Secretary of Energy, who shall enter into public works concession agreements (the “PWC Agreements”) and act as concessionaires.

Concessionaires remuneration shall be paid directly by the dispatching authority and includes: (i) a monthly remuneration to recover the investment, which may be funded through tariffs charged to WEM users identified as beneficiaries of the relevant expansion and is awarded the same priority level as existing high-voltage transmission service providers under the WEM regulations (i.e. highest priority payment within the WEM payment waterfall); and (ii) an operation and maintenance rate, determined by the regulatory body, once commercial operation of the relevant expansion is achieved.

The next step for the transmission expansion plan is the call for the public tenders envisaged for the works identified in Resolution 311: “AMBA I”, “500 kV Río Diamante – Charlone – O’Higgins Line” and “500 kV Puerto Madryn – Choele Choel – Bahía Blanca Line”.

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For further information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra Martínez, Rocío Valdez, Victoria Barrueco, Sol Villegas Leiva, María Paz Albar Díaz, Manuel Crespi, Nair Ivanoff Ravnensky and/or Fermín Bartos.


National and International Public Tender for LNG Import and Commercialization

On March 4, 2026, Energía Argentina S.A. (“EA”) published the tender documentation for the National and International Public Tender No. 1/2026 (the “Tender”), to select a private trader-aggregator for the acquisition of liquified natural gas (“LNG”) and its subsequent commercialization in the domestic market. This Tender is in line with Resolution No. 33/2026 of the Secretary of Energy, which called for bids and approved the guidelines of the Tender and the commercialization of LNG (“Resolution 33”).

This Tender is part of a restructuring process of Argentina’s LNG market that began with Decree No. 49/2025 (“Decree 49”), which extended the emergency in the energy sector, particularly referred to transportation and distribution of natural gas declared by Decree No. 55/2023 and subsequently extended by Decrees No. 1023/2024 and No. 370/2025 (see our comments here, here and here).

In this context, Decree 49 established guidelines for determining the maximum price applicable to the sale of natural gas obtained from the regasification of LNG in the domestic market for the two upcoming winter periods. Following Decree 49, the price cap may not exceed the international benchmark established by the Secretary of Energy in Resolution 33, with an added amount in USD/MMBTU to cover costs associated with maritime freight, regasification, storage, commercialization, and transportation to the delivery point in Los Cardales, Buenos Aires. The decree also mandated a competitive process to select a private third-party to replace EA’s role in the importation and sale of LNG, thus enabling the use of the Escobar Terminal’s regasification capacity for this purpose. On this context, Resolution 33 established the international benchmark to cap the price of commercialization of the regasified LNG in the domestic market.

Information regarding the Tender can be accessed here.

1. Purpose of the Tender

The purpose of the Tender is to select a private trader-aggregator for the acquisition of LNG and its subsequent commercialization in the domestic market, through the Escobar Terminal, during the period comprised between April 1 and September 30, 2026 (the “Winter Period”).

2. Preliminary Tender Schedule

The Tender’s preliminary schedule states that bids must be submitted on April 6, 2026, from 10:00 am to 11:00 am and that inquiries can be made up to five (5) business days prior to this date.

3. General Terms of the Tender

The Tender is a national and international multi-stage process, requiring bidders to submit their bids in two envelopes. The first envelope will contain documentation proving compliance with legal, financial, and technical requirements, while the second envelope will contain the economic offer.

The economic offer shall consist of a price expressed as a single value in United States dollars per million British Thermal Units (US$/MMBTU) and shall include all costs that the bidder deems necessary to include into the sale price of regasified LNG supplied to the domestic market, as well as a reasonable profit margin for the trader-aggregator.

The Tender will be awarded to the bidder who complies with the legal, financial and technical requirements and has submitted the lowest economic offer. In the event that the bids of two or more bidders are identical, they will be requested to improve their bids within one day.

4. Escobar Terminal Use, Services and Access Agreement

Within ten (10) business days of the award, the awarded bidder must enter into a use, services and access agreement for the Escobar Terminal with EA. The term of the agreement shall be one (1) year as of the execution date. During this period, the trader-aggregator will be assigned the total capacity of the terminal for the Winter Period in exchange for the payment of the price for regasification, transportation, and other services to be provided by EA in accordance with the terms of the agreement.

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For further information, please contact Nicolás Eliaschev, Javier Constanzó, Milagros Piñeiro, María Paz Albar Díaz, Manuel Crespi, and/or Fermín Bartos.


Call for Bids for Energy Storage Services “AlmaSADI”

On March 2nd, 2026, the Secretary of Energy published Resolution 50/2026 (“Resolution 50” ), initiating the national and international open tender for “Abastecimiento de Energía Eléctrica por Centrales de Almacenamiento para reserva y confiabilidad en el MEM (AlmaSADI)” (the “Call for Bids”).

This Call for Bids is intended to procure energy storage services through the execution of power storage agreements to increase operating reserves in the short term in the Wholesale Electricity Market (“WEM”), with CAMMESA (for the Spanish acronym of Compañía Administradora del Mercado Mayorista Eléctrico S.A.) as the off-taker.

The procurement targets the following regions: BAS, Central Region, La Pampa, Litoral, NEA, NOA, and Cuyo. The intended aggregate storage capacity is 700 MW, with the objective of improving system reliability and ensuring short and long-term adequacy of supply for the WEM in an efficient manner.

In this regard, this tender follows the “AlmaGBA” call for bids, under which storage generation facilities for the Greater Buenos Aires area were awarded for a total of 713 MW (see our comments here).

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For additional information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra Martínez, María Paz Albar Díaz, Victoria Barrueco, Rocío Valdez, Sol Villegas Leiva, Nair Ivanoff Ravnensky, Manuel Crespi, or Fermín Bartos.


Public Tender for the Power Transmission System Expansions

On December 29th, 2025, the National Executive Branch published Decree No. 921/2025 (“Decree 921”), which provides that the expansion works of the power transmission system (the “Expansion Works”) characterized as a priority by Resolution No. 715/2025 of the Ministry of Economy (see our comments here), will be carried through the procedure of National and International Public Tender under the terms of the Public Works Concession Law No. 17,520.

This process is framed within the Resolution No. 311/2025 of the Secretary of Energy (see our comments here) and recently incorporated Article 31 bis of Law No. 24,065 (through the amendments made by Decree No. 450/25) which introduced within the power transmission system expansion modalities for the Argentine Interconnection System (“SADI”), the modality established by Law No. 17,520, as amended (see our comments here).

In that regard, Decree 921 designates the Ministry of Economy as Enforcement Authority of the concession agreements and empowers the Secretary of Energy to, among other faculties, approve tender specifications, launch the open call for bids and execute the awarded concession agreements.

Prior to the open call, the Secretary of Energy shall update the power regulation to include transmission expansions via public works concession and prepare the tender documents of the following Expansion Works: (i) AMBA I, (ii) 500 kV Río Diamante – Charlone – O’Higgins Line; and (iii) 500 kV Puerto Madryn – Choele Choel – Bahía Blanca Line.

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For additional information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Macarena Becerra Martínez, Victoria Barrueco, or Manuel Crespi.


Public Tender for the Sale of Energía Argentina S.A.’s 50% stake in CITELEC S.A.

On December 23, 2025, the Argentine Ministry of Economy issued Resolution 2090/2025, launching a national and international multi-stage Public tender No. 504/2-0002-CPU25 (the “Tender”) for the sale of 50% of the share capital in Compañía Inversora en Transmisión Eléctrica CITELEC S.A. (“CITELEC”) held by Energía Argentina S.A. (“EA” and such shares, the “EA Shares”). The resolution also approved the terms and conditions (the “Terms”) and the model share purchase agreement (the “SPA”).

1. Background

Article 7 and Annex I of Law 27,742 declared EA subject to privatization. In this context, Decree 286/2025 authorized the full privatization of EA, to be implemented in stages through the separation of activities and assets by business unit, while ensuring the continuity of service and completion of ongoing works. The decree expressly authorized the sale of EA Shares (see our comments here).

Subsequently, Resolution 1050/2025 initiated the process and ordered the preparation of the tender documents and the call for a national and international multi-stage public tender for the sale of the EA Shares (see our comments here).

2. Key Terms of the Tender

2.1. Tender Schedule

  1. Deadline for submitting questions regarding the Terms: March 13, 2026, 4:00 p.m.
  1. Deadline for submitting bids: March 23, 2026, 9:30 a.m.
  1. Opening of Envelope 1: March 23, 2026, 10:00 a.m.

2.2. Scope of the Tender and minimum eligible price for offers

CITELEC’s share capital is currently equally held by EA and Pampa Energía S.A., each owning 277,756,431 shares, representing 50% of the company’s capital stock.

Under the Tender, EA will sell all of its shares in CITELEC, consisting of 38,771 class A shares, 236,054,194 class B shares, and 41,663,466 class C shares.

CITELEC is the controlling company of Compañía de Transporte de Energía Eléctrica en Alta Tensión Transener S.A. (“TRANSENER”), the sole concessionaire of Argentina’s high-voltage electricity transmission infrastructure, holding 52.65% of its share capital. CITELEC also indirectly controls Empresa de Transporte de Energía Eléctrica por Distribución Troncal de la Provincia de Buenos Aires S.A. (“TRANSBA”), the concessionaire responsible for the bulk electricity transmission network serving the Province of Buenos Aires.

Accordingly, the Tender implements the legal mandate to privatize certain state-controlled enterprises under Law 27,742 through the sale of shares in a company that co-controls strategic assets in the Argentine electricity sector.

The base price for EA’s Shares has been set at US$ 206,200,000, which is the minimum eligible price for any offer.

2.3. Eligibility Requirements

Bids may be submitted by domestic and by foreign entities.

If awarded, a foreign bidder must incorporate a local company in Argentina prior to executing the SPA.

If the bid is submitted by a consortium, all members must meet the legal and financial requirements and incorporate company in Argentina, in accordance with the ownership percentages indicated in the bid.

Entities disqualified from contracting with the Argentine National Public Administration, entities controlled by foreign sovereign states, parties engaged in corrupt practices, or other parties subject to the restrictions set forth in the Terms may not participate in the Tender.

2.4. Financial requirements

To be prequalified and advance to the second stage of the Tender, bidders must demonstrate, based on their most recent annual financial statements:

  1. Net worth equal to or greater than the base price; and
  1. Solvency ratio of at least 1.

Bidders must also submit financial statements for the last three fiscal years, or, if unavailable, an accounting certification, evidencing their financial position.

2.5. Tender Procedure

The tender will be conducted through the Contrat.Ar platform in a multi-stage process. Bids must be submitted in two envelopes:

  1. Envelope 1: containing the legal and financial documentation proving the bidder's legal and financial capacity required under the Terms.
  1. Envelope 2: containing the financial offer, which may not be lower than the base price. The bid must be expressed in U.S. dollars and will be payable in Argentine pesos, at the selling exchange rate reported by the Banco de la Nación Argentina on the business day prior to closing.

2.6. Bid Bond

Bidders must provide a bid bond equal to 10% of the base price, in favor and satisfaction of the Ministry of Economy, valid for 180 days from the date of submission, and automatically renewable for the same period.

The bid bond may be provided by bank deposit, an irrevocable and unconditional bank guarantee, or a standby letter of credit.

2.7. Awarding Criteria

The Tender will be awarded to the bidder that, after prequalifying in the evaluation of Envelope 1, offers a greater amount.

2.8. Conditions Precedent and Closing

Closing is subject to the prior fulfillment of customary conditions precedent, including:

  1. Obtaining authorization from the Ente Nacional Regulador de la Electricidad;
  1. The representations and warranties of each party shall be true, accurate and complete as of the closing date; and
  1. Compliance with the obligations set forth in the SPA.

2.9. Shame clause

Pursuant to the SPA, if the original purchaser resells the EA Shares within 24 months following closing, it must pay an amount equal to 50% of the positive difference between the original purchase price and the resale price.

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For further information, please contact Nicolás Eliaschev, Javier Constanzó, Federico Otero, Julián Razumny, Milagros Piñeiro, Macarena Becerra, or Marcos Quiroga Pizzorno.


Normalization of the Wholesale Electricity Market: Additional Provisions on Fuel Management

On December 10, 2025, the Secretary of Energy (the “SE”) published Resolution 501/2025 (“Resolution 501”) which complements Section 3.1 of the “Rules for the Normalization of the Wholesale Electricity Market and its Progressive Adaptation” (the “Rules” and the “WEM”), approved by Resolution SE 400/25 (see our comments on this regulation here), related to the decentralized and competitive fuel management scheme applicable to thermal power generation.

In this regard, Resolution 501 is framed within the transitional period established by Decree 450/2025 (see our comments on said regulation here) and the provisions of the Rules concerning fuel management, setting complementary rules for Plan Gas withdrawals, defining assignment of contracts, dispatch and remuneration of gas, and ensuring decentralization of fuel management in the WEM under clear cost and operational conditions.

Resolution 501 introduces complementary guidelines to the scheme for the withdrawal of volumes under Plan Gas, as detailed below:

  1. Contract assignment: Producers withdrawing gas may request to Compañía Administradora del Mercado Mayorista Eléctrico S.A (“CAMMESA”) to assign their contractual position to a generator.
  1. Dispatch using withdrawn gas: Generators that use gas that has been withdrawn from Plan Gas are considered self-managed and are dispatched within the WEM based on declared variable cost of production (“CVP”).
  1. CVP of generators with WEM contracts: Thermal generators contracting with CAMMESA to secure volumes within Plan Gas may declare a CVP, which shall be limited by capped and floored values (maximum value based on reference prices, and minimum set at seventy-five percent (75%) of those reference prices).
  1. Dispatch: Gas volumes allocated under Plan Gas shall be dispatched following the same conditions applicable to other centrally administered Plan Gas contracts and may be complemented by volumes from contracts with CAMMESA if needed.
  1. Remuneration: Payment is proportional to self-consumed volumes; recognition applies if CAMMESA bears costs for unused gas.
  1. Dispatch Priority: The use of gas volumes under Plan Gas does not grant dispatch priority.
  1. Irrevocability of Withdrawn Gas: The withdrawal option is irrevocable unless the Rules are amended to the contrary.

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For additional information, please contact Nicolás Eliaschev, Javier Constanzó, Daiana Perrone, Milagros Piñeiro, Macarena Becerra, María Paz Albar Díaz, Rocío Valdez, Victoria Barrueco, Sol Villegas Leiva, or Manuel Crespi.


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