Congress: Debate Prediction for the Creation of Wind Canon

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Date: January 27

The Energy and Mines Commission, chaired by Jorge Flores Ancachi (AP) debated in its fourteenth ordinary session, two predictions on the creation of the wind canon and the optimization of the supply of electrical energy.

The first prediction to be debated was the relapse of bills 2454/2021-GL and 2939/2022, through which the “Law that modifies Law 27506, Canon Law, and Decree Law” is proposed, with a substitute text. 25844, Electricity Concessions Law, in order to create the Wind Canon”.

The aforementioned projects were referred to the Energy and Mines Commission as the second ruling commission; The first is the Commission for the Economy, Banking, Finance and Financial Intelligence.

During the support, Flores Ancachi pointed out that it is striking that the Executive Branch opposes the creation of a wind canon and, above all, that the current value of those collected by way of income tax that is not known pay companies dedicated to this item.

This information, he said, can be consulted directly by the Ministry of Economy and Finance to the National Superintendence of Customs and Tax Administration -SUNAT.

“This presidency considers that it is necessary to create this canon, which would add to the socioeconomic growth of the jurisdictions where these natural resources are exploited,” he said. Although this means that “a special regime will not be created for the wind canon, in response to the recommendations of the Presidency of the Council of Ministers and the Ministry of Energy and Mines”.

Therefore, he indicated, a law amending Law 27506, Canon Law, and Decree Law 25844, Electric Concessions Law is proposed.

However, after the interventions of congressmen Diana Gonzales Delgado (AvP), Luis Kamiche Morante (PD), Jorge Morante Figari (FP) and Jorge Coayla Juárez (PB), the head of the working group considered that the debate should continue after receiving new opinions from entities such as the Supervisory Agency for Investment in Energy and Mining – Osinergmin.

Gonzales Delgado (AvP), for example, asked if including a cost for this industry, which is still developing, will not negatively impact its growth and the search for competitive prices, as solar energy achieved at the time; and, if anything, there is a risk that the creation of this canon will cause the electricity bills of all users to increase.


The debate on the forecast issued in bills 2139/2021 and 3662/2022, through which the “Law that modifies Law 28832, Law to ensure the efficient development of electricity generation, in order to optimize the supply of electricity and promote the diversification of the energy matrix”, was also postponed.

According to the words of Jorge Flores Ancachi, this initiative seeks to “ensure the efficient development of electricity generation” through the “purchase of energy in hourly blocks or separately, under the conditions established by the regulation.”

This, said Flores Ancachi, is one of the measures proposed as a modification of Law 28832, Law to ensure efficient development; Likewise, in its first article, articles 4 and 5 are modified, as well as the seventh final complementary provision of the aforementioned law.

In the second article, articles 7 and 31 of Law 28832 are modified, and four final Complementary Provisions are established.

Once the support has been completed, and in accordance with the opinion of various legislators, the head of the group indicated that new opinions will also be requested from the Supervisory Body for Investment in Energy and Mining – Osinergmin, from the Economic Operation Committee of the National Interconnected System -COES, and the Peruvian Hydrocarbons Society.


As the first item on the agenda, the specialist Zenón Sotomayor Sotomayor, from the General Directorate of Mining Formalization of the Ministry of Energy and Mines, presented himself to provide an institutional opinion in relation to two bills that the commission is examining.

Both projects propose to establish a new registration term in the Integral Registry of Mining Formalization (REINFO) for natural or legal persons that are developing small-scale mining or artisanal mining activities.

Bill 2519/2021, authored by Congressman Jorge Marticorena Mendoza (PB), proposes a term of 150 days, and Bill 3621/2022, authored by Congressman Jorge Flores Ancachi (AP), proposes a term of 180 days.

REINFO is an administrative registry that includes miners in the process of being formalized and the Energy and Mining official provided information on said process, in which he highlighted the fact that more than 70 percent have not presented environmental management instruments.

For this reason, he recommended that a new registration term in REINFO could be viable, as long as the rights of third parties are not violated or the environment is affected; and given the exceptional nature of the Comprehensive Mining Formalization Process, the term should not exceed 90 days.


At another point on the agenda, Congressman José Luis Elías Ávalos (PP) supported bill 2939/2022, through which he proposes the Law that creates the wind canon for the use of wind energy.

Next, the parliamentarian Segundo Montalvo Cubas (PL) supported the project of Law 3584/2022, which proposes the Law that declares the creation of the Association of Native Communities in charge of caring for and preserving the infrastructure of the North Peruvian Pipeline of national interest and public necessity.

Source: Perú Energía 2022

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