Resumen

PLAZA REVECO, RAFAEL. THE UNCONSTITUTIONALITY OF ACT Nº 21,076 ON ELECTRICAL METERS. LEGAL-ECONOMIC EFFECTS IN THE POWER DISTRIBUTION MARKET. Rev. derecho (Concepc.) [online]. 2020, vol.88, n.247, pp.157-193. ISSN 0303-9986.  http://dx.doi.org/10.29393/rd247-5rpil10005.

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Act Nr. 21.076 introduced section 139 bis to the Electric Services General Act, that expanded the power distribution network to include consumption meters and placed equipment ownership on distributors. This paper advances the substantial unconstitutionality of Act Nr. 21.076 as well as the existence of an economic trade-off favorable to the interests of distribution companies, to the detriment of regulated users. It also questions -in certain hypotheses- to include in tariffs the financing of replacement equipments and associated services. The methodology of the enquiry is based on the analysis of Act Nr. 21.076 against the constitutional, administrative and regulatory framework of the industry sector and relevant market, together with the economic analysis of their interaction. The study concludes that section 139 bis suffers from unconstitutionality and, therefore, is subject to an array of constitutional, administrative and jurisdictional actions. It also concludes, at any rate, on a tacit derogation of a public adjudicatory function, the damage to the autonomy of an intermediate group, and the loss of counterweights to the market power of distribution concessionaires as natural monopolists, to the detriment of regulated users.

Palabras clave : Act Nr. 21.076; Electric Services General Act; Public service on power distribution; Power meter; Expropriation; Market power.

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