Gremio expuso los riesgos de inversión en generación eléctrica por impuestos establecidos en emergencia económica del Gobierno Petro

The Renewable Energy and Water Studies Center (CEERA) shared its worries regarding the potential impact of Decree 0044, issued by the national government to address the electric system crisis, on investment, reliability, and sustainability within the sector, particularly concerning Small Hydroelectric Plants (PCH).

The organization warned that, while it understands the urgency to ensure continuous electrical service amidst current challenges, the measures implemented might dissuade the development of new projects and escalate regulatory uncertainty.

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According to the industry’s analysis, Decree 0044 acknowledges persistent issues in the electrical system, such as significant technical and non-technical losses, low revenue collection, lack of investment in infrastructure, and the concentration of vulnerable users. However, it cautioned that the decree’s design places the financial burden of the solution on energy generators, imposing “solidarity energy contributions” uniformly across all sector participants.

CEERA emphasized that such obligations overlook the differences in technologies, sizes, and financial capacities among producers. It pointed out that operators of Small Hydroelectric Plants operate with strict margins and have financial structures that are highly sensitive to regulatory changes, making them particularly susceptible to this type of legislation.

The organization reminded that electric generation requires significant capital investments and relies heavily on regulatory stability and legal security. By placing the burden of financially compensating for structural deficiencies in the system onto the sector, the government heightens the associated risks for investors and jeopardizes the financial health of ongoing projects. According to CEERA, “it disincentivizes investment, affects project bankability, and raises regulatory risk.”

The organization insisted, as mentioned in the statement, on the necessity for any strategy aimed at resolving the situation to preserve the ability to attract investment while maintaining both the reliability and energy security of the country.

In the closing of its statement, CEERA reiterated its readiness to collaborate with authorities in finding solutions to overcome the crisis, but emphasized that “addressing today’s emergency cannot mean sowing the risks of tomorrow.” It stressed the importance of ensuring that political decisions secure long-term investment, reliability, and energy security.

The National Association of Generating Companies (Andeg), in line with this, expressed its concerns regarding the impact of new tax obligations on financial viability and service continuity.

According to Andeg, one of the key measures established is a parafiscal contribution aimed at strengthening the Enterprise Fund, which could collect approximately $300,000,000,000. This obligation falls on the pre-tax profits of generating companies, which would have an immediate impact on the sector’s finances.

The organization claims that this additional burden adds to existing liabilities, including $1.2 trillion owed by generators, particularly thermal plants, to the intervened company Air-e, along with another $500,000,000,000 owed throughout the entire production chain.

In the words of Alejandro Castañeda, president of the entity, the policy established in “the Decree forces generators to contribute to paying their own debts,” a situation which, according to the sector, affects the financial sufficiency of the system and reduces investment incentives. In light of this, Castañeda termed the regulation “confiscatory” and stated that “it harbors serious legal flaws as it compromises the financial sufficiency of generating agents and unjustly shifts the burden of repaying debts that are not their responsibility.”