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Due to the power outages, the Government finalized the criminal complaint against Edesur and is considering removing the concession


The authorities made this Thursday the presentation against the directors of the company for fraud and abandonment of people.

The Government presented this Thursday the criminal complaint against the Edesur authorities and reiterated that

it will evaluate the withdrawal of the concession

to the electricity distribution company due to the

power outages

that have affected more than 36,000 homes in the City and the Buenos Aires province.

The head of the National Electricity Regulatory Entity (ENRE), Walter Martello, confirmed the start of the process on Twitter, where he explained that the lawsuit is for "fraud due to disruption of the agreed rights", "abandonment of people" and "

hindering of public services".

In this way, Martello advanced in the order that the Secretary of Energy, Flavia Royón, had given him on Wednesday, so that he criminally denounces the entire Edesur board of directors for "embezzlement and fraud to the detriment of the public administration"


"abandonment of people ".

Energy also demanded that ENRE submit the status report to Congress so that

it "advises whether it is appropriate to terminate" the privatization

of the electrical service in the hands of Edesur.

The Italian group Enel, owner of the firm, announced in November that it was withdrawing from Argentina and other countries.

It has already sold two power plants and is looking for a buyer for Edesur.

In the midst of protests in various locations in the AMBA, the company assured that "they were not notified" of the criminal complaint filed by the Government and that "at this time the priority is to restore service to customers who are without electricity and we are working to make it".

According to the ENRE website, at 2:15 p.m. in the Edesur concession area, there were 36,171 homes without electricity supply, at a time when, according to the National Meteorological Service, the temperature in the region was 31.4° and the wind chill rose to 34.9°.

"It is not a question of State yes or State no"

This Thursday, the official spokesperson, Gabriela Cerruti, said that "the ENRE report is advancing that reveals all those points that can be causes for the Edesur company's concession to be removed."

And she added that it is being done with "care" so as not to affect the interests of the State.

"Once the report is completed, in the next 90 days, the State will evaluate the removal of the concession for the Edesur company," he pointed out in the framework of the press conferences he gives on Thursdays from the Casa Rosada.

In this regard, the spokesperson indicated that "the way in which privatizations were carried out in the 1990s implies that there

may be a loss for the State when making a decision on this issue

," given that the concession was granted "for 100 years."

Cerruti remarked that the current situation faced by thousands of users without service is one of the "consequences of the privatizations carried out by liberalism."

"It is not a question of 'State yes or State no', but that the user has the service that he should have," he said.

Strictly speaking, an eventual change of concession

could trigger a million-dollar lawsuit in ICSID,

the World Bank court where Argentina is already facing claims for the partial nationalization of YPF.

If it goes down that path, Enel could

demand compensation.

The spokesperson raised the "remarkable difference" in relation to other distribution service concessionaires and

compared Edesur,

with "more than 75,000 users in recent weeks, who had extended cuts",

with Edenor

, which had "cuts in no more than 6,000 users".

In parallel,

the Ombudsman,

María Rosa Muiños

, promoted a collective lawsuit

on behalf of the residents of the City against the Edesur companies and others for the lack of dignified treatment and lack of information due to the interruption of the electrical service in the midst of a wave of heat.

The lawsuit filed by the Ombudsman requires companies to truthfully report the characteristics of the electrical failure, the time and day of service restoration, the possibility of new cuts, and the particulars of the work performed.

On the other hand,

fines of between $73,000 and $308,000 were required

to compensate the victims.

The Consumer Defense Law, when dignified treatment is violated, authorizes the judge to apply a sanction, which is stipulated between half and two thousand one hundred basic baskets published by INDEC.


Source: clarin

All business articles on 2023-03-16

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