On November 27, 2025, the Energy and Gas Regulatory Commission (“CREG” per its acronym in Spanish) issued Resolution 101 094, establishing a transitional and exceptional regulation for the allocation of transmission capacity for generation projects. The measure responds to significant congestion in connection processes, high rates of milestone noncompliance, and the need to ensure the timely entry into operation of projects with system obligations (firm energy obligations, long-term contracts, etc.).
The Resolution partially replaces certain provisions of CREG Resolution 075 of 2021, which will remain in force for all matters not addressed by the new regulation. Its application will be temporary, until CREG issues an update of the transmission capacity allocation framework established in Resolution 075 of 2021. It is important to emphasize that the issuance of the Resolution does not imply the reopening of the transmission capacity allocation process, which remains suspended pursuant to article 1 of CREG Resolution 101 071 of 2025.
The Resolution introduces several modifications to the current applicable regulation for submitting transmission capacity allocation requests, including the following:
Transitional and selective allocation scheme
The resolution establishes a differentiated procedure aimed at prioritizing only two types of class 1 projects:
While the resolution remains in force, no other type of project may submit a request for transmission capacity allocation.
To verify the assignment of obligations with the system, developers must submit the results of the allocation of obligations.
Furthermore, projects that have completed environmental permitting process must provide a copy of the administrative acts granting the required environmental licenses or permits, as applicable. Additionally, they must submit a communication issued no more than 60 calendar days prior, in which the environmental authority confirms the validity or non-revocation of the submitted administrative acts.
Changes in the authority responsible for evaluating requests
The resolution temporarily modifies the UPME’s exclusive authority to evaluate requests for transmission capacity allocation, as follows:
In both cases, the procedure for the allocation of transmission capacity will be defined by UPME within thirty (30) business days following the effective date of the Resolution.
In all cases, UPME retains responsibility for the acceptance and release of transmission capacity.
Voluntary release of capacity
As an exceptional measure, the resolution establishes a one-time period during which projects with assigned capacity, as of the resolution’s effective date (i.e., the date of its publication in the Official Gazette), may voluntarily relinquish their connection point in order to receive the return of their posted guarantee, without additional conditions.
The period for exercising this relinquishment of the connection point will be one (1) month from the effective date of the Resolution.
Inclusion of an Initial Guarantee
Another important amendment introduced by the Resolution is the establishment of a new guarantee called the Initial Guarantee. This guarantee has a basic fixed amount of 5 USD per kW requested and is required at the time the request for the allocation of transmission capacity is submitted. It will have a minimum validity of one (1) year and will later be replaced by the capacity reservation guarantee referred to in CREG Resolution 075 of 2021.
This measure seeks to ensure that requests for transport capacity are submitted with genuine commitment, as the CREG has observed a high number of insufficiently supported applications that have caused congestion and delays. For this reason, the aim is for only those agents that are truly capable of carrying out the project to participate, to guarantee seriousness.