"(...) When setting the rates of public services, the following aspects and criteria must be considered, when applicable: b) The recognition of the cost structures of the different project financing and contracting mechanisms, their special forms of payment, and their effective costs; among them, but not limited to type B schemes: (build and operate, or build, operate, and transfer, BOO), as well as operating leases and/or financial leases and any others that are regulated (...)".
In the understanding of the above, ARESEP must exercise the competences assigned by Law, having as its main parameter the principle of service at cost; defined in article 3, subsection b), as:
"(...) Article 3.- Definitions. For the purposes of this Law, the following concepts are defined: .
- b)Service at cost. Principle that determines the method of setting the rates and prices of public services, such that only the costs necessary to provide the service are considered, allowing competitive remuneration and ensuring the adequate development of the activity, in accordance with the provisions of article 31 (...)".
In this vein, it is important to consider that, pursuant to articles 14 and 32 of Law N°7593 and article 16 of the Regulation to the Law of the Public Services Regulatory Authority N°29732-MP, for setting prices and rates, only the income and costs necessary to provide the service must be taken into account. These articles establish, where relevant: Law N°7593:
"(...) Article 14.- Obligations of providers. The obligations of providers are:
- a)Comply with the provisions issued by the Regulatory Authority regarding the provision of the service, in accordance with the provisions of the respective laws and regulations.
- b)Maintain facilities and equipment in good condition, so that they do not constitute a danger to persons or property, and do not cause service interruption.
- c)Timely provide the Regulatory Authority with the information it requests, relating to the provision of the service.
- g)Carry out activities or investments not profitable in themselves, in the territorial and material areas of their competence. However, even if the activity or investment is not profitable in itself, its cost must be covered by the overall revenues of the public service provided. The company may be obligated to supply it, respecting the limit of its capacity. (...)"
"(...) Article 32.- Costs not to be considered. Costs of regulated companies will not be accepted:
- h)Fines imposed on them for non-compliance with the obligations established by this law.
- i)Unnecessary expenditures or those unrelated to the provision of the public service.
- j)Contributions, expenses, investments, and debts incurred for activities unrelated to the administration, operation, or maintenance of the regulated activity.
- k)Disproportionate operating expenses in relation to normal expenses for equivalent activities.
- l)Investments rejected by the Regulatory Authority for considering them excessive for the provision of the public service.
- m)The value of billings not collected by regulated companies, with the exception of percentages technically set by the Regulatory Authority (...)".
Regulation N°29732-MP:
"(...) Article 16.- Costs incurred to provide the service. For setting prices, rates, and fees, only income and costs necessary to provide the service will be taken into account (...)".
Regarding this, Law N°7593 in its article 20 establishes that, "The provisions of this law shall not apply to the goods and services of providers not dedicated to providing a public service. Providers of these services shall maintain separate accounting that differentiates the public service activity from those that are not. In any case, income and common costs must be recorded in accordance with technical standards that allow a distribution that does not harm the public service activity".
Having knowledge of the referred regulations, it should be noted that, for the proper fulfillment of its regulatory powers, in accordance with Law N°7593, the Regulatory Authority has full competence to request from public service providers the information relating to the provision of the service.
In this regard, articles 14, subsections a) and c), and 24 of Law N°7593 state:
"(...) Article 14.- Obligations of providers. The obligations of providers are:
- a)Comply with the provisions issued by the Regulatory Authority regarding the provision of the service, in accordance with the provisions of the respective laws and regulations.
(...)
- c)Timely provide the Regulatory Authority with the information it requests, relating to the provision of the service (...)".
"(...) Article 24.- Provision of information: At the request of the Regulatory Authority, regulated entities shall provide reports, data, copies of files, and any other electronic or written means where financial, accounting, economic, statistical, and technical information is stored related to the provision of the public service they offer. For the exclusive fulfillment of its functions, the Regulatory Authority shall have the power to inspect and record legal and accounting books, vouchers, reports, equipment, and the facilities of the providers (...)".
The provisions set forth in the transcribed articles allow us to conclude that the public services of supply of aqueduct and sewerage (except when the service is provided by municipalities), irrigation and drainage, the hydrant service, and the protection of water resources, are regulated by the Water Intendency and, therefore, the providers of these services have the duty to provide the information that this regulatory body requests, relating to the provision of the service.
This is so because, as can be observed from the regulations set forth, Law N°7593 confers upon ARESEP attributions, duties, and functions to regulate and oversee, from an accounting, financial, and technical standpoint, the providers that render public services; and in turn, these providers are subject to duties and conditions they must fulfill, which includes, in accordance with the cited Law, supplying the information requested by the regulatory body related to the provision of the public service.
B. Technical Aspects In this regard, in order to oversee investments, the regulated public service provider must be requested, by the Intendencia de Agua, from the Instituto Costarricense de Acueducto y Alcantarillado (AyA), the Empresa de Servicios Públicos de Heredia (ESPH), and the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento (SENARA), which respectively provide the services of drinking water supply (acueducto), sanitary sewerage (alcantarillado), fire hydrants (hidrantes), protection of water resources (protección del recurso hídrico), and irrigation and drainage (riego y avenamiento); the following regulatory information regarding investments, within the deadlines and formats presented below:
1. Information Submission Forms:
The public service providers must submit the information detailed in the following annexes and record formats (ingresadores), as applicable, which is broken down into two general concepts, namely: the planning stage (etapa de planificación) and the execution stage (etapa de ejecución), according to the periodicity determined in point N°2. Greater detail on completing the forms will be provided in the corresponding annexes.
i. Planning Stage (Anexo N°1) a. IIA-001. Investment Plan (Plan de Inversiones): required information regarding projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements. It must be planned for a horizon of at least 5 years, including the year in which the information is submitted. The form must be updated each year considering the current year's movements provided in form IIA-005 Investment Plan Follow-up (Seguimiento Plan de Inversiones), and always maintaining a planning horizon of at least 5 years.
In the case of new investment projects to address contingencies (imprevistos) arising from force majeure events caused by natural disasters or other circumstances, an additional line will be added justifying the need for the resources required for this concept, which will be based on the historical information the public service provider has in this regard. This additional contingency line shall become projects within the current year, for which the provider must report the new investment project(s) and reduce the corresponding amount of this contingency line, striving for it to tend toward zero.
b. IIA-002. Impact on Service Quality (Impacto en la calidad del servicio): required information on quality concepts regarding investments, for each of the investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements. It must be planned for a horizon of at least 5 years, including the year in which the information is submitted. The information incorporated in this form must be consistent with the information entered in form IIA-001. Investment Plan.
c. IIA-003. Retirements (Retiros): required information on asset retirements (retiros de activos) regarding investments, for at least 5 years, including the year in which the information is submitted.
d. IIA-004. Risk Matrix and Business Continuity Plan (Matriz de riesgos y plan de continuidad del negocio), is broken down as follows:
Required information regarding risk identification and categorization:
It refers to the impact levels and definition of specific actions to mitigate the materialization of the risk associated solely with investment projects incorporated in form IIA-001. Investment Plan.
Required information regarding the business continuity plan:
It is required to learn about the implementation of the business continuity plan, the critical processes identified, as well as the associated risk policies in case of catastrophic or non-catastrophic events, both for the construction process and for the asset in operation. Apart from completing the information in the corresponding form, the public service provider must submit the plan corresponding to the latest update and the respective supporting documentation deemed pertinent.
This form (IIA-004) must be submitted considering the following situations:
? Inclusion or exclusion of projects, due to possible changes in each operator's Investment Plan, for which the information must be updated.
? In the event the risk materializes, the provider must provide an additional detailed report on the implementation of the corrective actions initially described in this form, and the implications derived from this event, which must at least consider the following aspects: costs, redesign, time, consequences for the population, etc.
? Changes in the initial conditions described in the projects regarding scope, time, and economic resources, and the corresponding impact on the definition of risks.
? Business continuity plan (latest update) ii. Execution Stage (Anexo N°2) a. IIA-005. Investment Plan Follow-up: required information on the actual execution of investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements, with a closing date as of the corresponding previous semester (I semester or II semester, as applicable). In this form, only the actual execution and the possible changes that occurred regarding scope, time, and economic resources as of the corresponding previous semester will be entered, as well as the incorporation of new investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements, or the elimination thereof, all with their corresponding justification. This follow-up form must be directly linked to form IIA-001. Investment Plan, the latter being the baseline of the provider's Investment Plan, and it must report those inclusions for the concept of investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements originating from the contingency line. The information provided semi-annually will not be cumulative.
b. IIA-006. Follow-up Impact on Service Quality: required information on the execution of service quality for investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements, with a closing date as of the corresponding previous semester (I semester or II semester, as applicable). In this form, only the actual execution and the possible changes that occurred with a cutoff as of the corresponding previous semester will be entered, as well as the incorporation of information regarding the quality concept for new investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements, or the elimination thereof, all with their corresponding justification. This follow-up form must be directly linked to form IIA-002. Impact on Service Quality, the latter being the operator's baseline for this concept, and with the possible changes occurring originating from form IIA-005 Investment Plan Follow-up. The information provided semi-annually will not be cumulative.
c. IIA-007- Follow-up Retirements: required information on actual asset retirements regarding investments, with a closing date as of the corresponding previous semester (I semester or II semester, as applicable). In this form, only the actual execution based on the information provided in form IIA-003- Retirements will be entered, along with possible other retirements not planned but executed, providing the proper justification. The information provided semi-annually will NOT be cumulative.
2. Periodicity of Information Submission:
The information presented completely in accordance with the established annexes and forms must be submitted to serve two main purposes: first, for the purposes of the tariff application (solicitud tarifaria), and second, for the periodic information that must focus on updates to the investment plan. Consequently, the periodicity for submitting information is detailed below:
a. Information for the tariff study: the forms must be updated and must be submitted at least thirty business days before the presentation of the tariff study. The information contained in these forms for the tariff study must also be consistent with the Investment Plan (IIA-001), considering investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements that are under development during the current year, the possible updates in time, scope, or resources, as well as inclusions, exclusions, or postponement of projects, the foregoing considering the cutoff dates. Likewise, those investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements that will be capitalized during the period covered by the tariff study analysis must also be incorporated.
In this regard, the following forms must be submitted, together with a detailed report on the Investment Plan (the content is detailed in Anexo N°1):
i. IIA-001. Investment Plan ii. IIA-002. Impact on Service Quality iii. IIA-003. Retirements iv. IIA-004. Risk Matrix and Business Continuity Plan b. Periodic information: this type of information must be submitted on the corresponding forms described below, with the cutoff and submission dates indicated in the following table:
Cuadro N°1 Cronograma para la entrega de información periódica de inversiones
| Form | Cutoff Date | Submission Date |
|---|---|---|
| IIA-001. Investment Plan | December 31 | Last business day of February |
| IIA-002. Impact on Service Quality | December 31 | Last business day of February |
| IIA-003. Retirements | December 31 | Last business day of February |
| IIA-004. Risk Matrix and Business Continuity Plan | December 31 | Last business day of February |
| IIA-005. Investment Plan Follow-up | June 30 December 31 | Last business day of August Last business day of February |
| IIA-006. Impact on Service Quality | June 30 December 31 | Last business day of August Last business day of February |
| IIA-007- Retirements | June 30 December 31 | Last business day of August Last business day of February |
Source: Intendencia de Agua.
3. The public service providers must send the requested information to the email address [email protected]. If the information cannot be attached via email, a mass file hosting platform (Dropbox, OneDrive, or others) must be used. The foregoing shall be effective until the Intendencia de Agua notifies each operator, via an official communication (oficio), of the date by which they must upload this information to the Regulatory Information System (Sistema de Información Regulatoria, SIR).
4. Notify the Instituto Costarricense de Acueducto y Alcantarillado, the Empresa de Servicios Públicos de Heredia S.A. (ESPH S.A.), and the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento S.A. (SENARA S.A.) that what is set forth and resolved in the resolution issued for this purpose takes effect upon its publication in the official gazette La Gaceta.
5. Notify the Instituto Costarricense de Acueducto y Alcantarillado, the Empresa de Servicios Públicos de Heredia S.A. (ESPH S.A.), and the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento S.A. (SENARA S.A.) that the forms and annexes that form an integral part of this resolution are available for consultation or download at the following link: https://aresep.go.cr/agua-potable-informacionregulatoria/ingresadores-de-inversiones/ or another that is formally indicated via official communication.
6. The public service providers may not unilaterally modify the forms established through this resolution. Any modification or improvement to the formats deemed convenient, including those requested by the public service providers, will be managed through the Intendencia de Agua, via a formal official communication that will be timely communicated to each of them (Instituto Costarricense de Acueducto y Alcantarillado, the Empresa de Servicios Públicos de Heredia S.A. (ESPH S.A.), and the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento S.A. (SENARA S.A.)) and will take effect the next business day following its publication.
7. The public service providers must be reminded that, in accordance with the provisions of Law Nº 7593, compliance with the submission of the information indicated in the resolution issued is a requirement for the admissibility and analysis of any tariff application, whether ordinary or extraordinary, and therefore the public service providers have the obligation to submit this information within the established deadlines.
8. Inform the public service providers regulated by the Intendencia de Agua, Aresep, in the different stages of the value chain of the respective service, that the simplification and standardization criteria for the analysis and valuation of investments will be those specified in Anexo N°3.
IV. CONCLUSIONS
1. Given the importance of investments in the provision of public services in the water sector, and therefore in the different regulatory exercises, in an effort to guarantee their continuity and quality, it is indispensable to define and standardize the information requirements according to the detail contained in this report and its respective resolution, which will be mandatory for the service providers regulated by the Intendencia de Agua.
2. The updating and standardization of the technical information requirements that water sector public service providers must provide regarding investments, according to the stages of the value chain. This update will make it easier for providers to complete the forms associated with the regulatory information inputters (ingresadores de información regulatoria), and likewise, will allow the Intendencia de Agua to create a robust database on investments, which will be of vital importance for the corresponding analysis in aspects of tariff setting.
3. Some of the variables that MIDEPLAN uses to track and control public investment projects were standardized, which facilitates and simplifies the work of providing information by the provider, within the framework of the Ley de Protección al Ciudadano de Exceso de Requisitos y Trámites Administrativos.
4. Finally, the tools provided for in the new resolution to be issued based on this report (forms and annexes) may be updated when deemed necessary and must be communicated to the public service providers in a timely manner through official channels.
V. RECOMMENDATIONS
1. Prepare and issue the corresponding resolution for the simplification and standardization of the technical information requirements that water sector public service providers must provide regarding investments, according to the stages of the value chain.
2. Render null and void all provisions issued in different resolutions and official communications by the Intendencia regarding investments, given that this new resolution incorporates the necessary requirements to oversee them. (RE-0016-IA-2021 and RE-0023-IA-2021) 3. Develop an internal procedure for application within the Intendencia de Agua, describing the steps to follow for the corresponding review and analysis of the inputter forms (formularios de ingresadores) provided by the public service providers, as applicable on each established date.
VI.In accordance with the factual background (resultandos) and recitals (considerandos) set forth above, and based on the merits of the case file, the appropriate course is to issue the information requirements regarding investments for the services regulated by the Intendencia de Agua, in the stages of the value chain of the respective service, as set forth herein.
El INTENDENTE DE AGUA
I.Request from the public service providers regulated by the Intendencia de Agua, Instituto Costarricense de Acueducto y Alcantarillado (AyA), Empresa de Servicios Públicos de Heredia (ESPH), and Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento (SENARA), which respectively provide the services of drinking water supply, sanitary sewerage, fire hydrants, protection of water resources, and irrigation and drainage; the following regulatory information regarding investments, within the deadlines and formats presented below:
1. Information Submission Forms:
The public service providers must submit the information detailed in the following annexes and record formats (ingresadores), as applicable, which is broken down into two general concepts, namely: the planning stage and the execution stage, according to the periodicity determined in point N°2. Greater detail on completing the forms will be provided in the corresponding annexes.
i. Planning Stage (Anexo N°1) a. IIA-001. Investment Plan: required information regarding projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements. It must be planned for a horizon of at least 5 years, including the year in which the information is submitted. The form must be updated each year considering the current year's movements provided in form IIA-005 Investment Plan Follow-up, and always maintaining a planning horizon of at least 5 years.
In the case of new investment projects to address contingencies arising from force majeure events caused by natural disasters or other circumstances, an additional line will be added justifying the need for the resources required for this concept, which will be based on the historical information the public service provider has in this regard. This additional contingency line shall become projects within the current year, for which the provider must report the new investment project(s) and reduce the corresponding amount of this contingency line, striving for it to tend toward zero.
b. IIA-002. Impact on Service Quality: required information on quality concepts regarding investments, for each of the investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements. It must be planned for a horizon of at least 5 years, including the year in which the information is submitted. The information incorporated in this form must be consistent with the information entered in form IIA-001. Investment Plan.
c. IIA-003. Retirements: required information on asset retirements regarding investments, for at least 5 years, including the year in which the information is submitted.
d. IIA-004. Risk Matrix and Business Continuity Plan, is broken down as follows:
Required information regarding risk identification and categorization: it refers to the impact levels and definition of specific actions to mitigate the materialization of the risk associated solely with investment projects incorporated in form IIA-001. Investment Plan.
Required information regarding the business continuity plan: it is required to learn about the implementation of the business continuity plan, the critical processes identified, as well as the associated risk policies in case of catastrophic or non-catastrophic events, both for the construction process and for the asset in operation. Apart from completing the information in the corresponding form, the public service provider must submit the plan corresponding to the latest update and the respective supporting documentation deemed pertinent.
This form (IIA-004) must be submitted considering the following situations:
? Inclusion or exclusion of projects, due to possible changes in each operator's Investment Plan, for which the information must be updated.
? In the event the risk materializes, the provider must provide an additional detailed report on the implementation of the corrective actions initially described in this form, and the implications derived from this event, which must at least consider the following aspects: costs, redesign, time, consequences for the population, etc.
? Changes in the initial conditions described in the projects regarding scope, time, and economic resources, and the corresponding impact on the definition of risks.
? Business continuity plan (latest update) ii. Execution Stage (Anexo N°2) a. IIA-005. Investment Plan Follow-up: required information on the actual execution of investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements, with a closing date as of the corresponding previous semester (I semester or II semester, as applicable). In this form, only the actual execution and the possible changes that occurred regarding scope, time, and economic resources as of the corresponding previous semester will be entered, as well as the incorporation of new investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements, or the elimination thereof, all with their corresponding justification. This follow-up form must be directly linked to form IIA-001. Investment Plan, the latter being the baseline of the provider's Investment Plan, and it must report those inclusions for the concept of investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements originating from the contingency line. The information provided semi-annually will not be cumulative.
b. IIA-006. Follow-up Impact on Service Quality: required information on the execution of service quality for investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements, with a closing date as of the corresponding previous semester (I semester or II semester, as applicable). In this form, only the actual execution and the possible changes that occurred with a cutoff as of the corresponding previous semester will be entered, as well as the incorporation of information regarding the quality concept for new investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements, or the elimination thereof, all with their corresponding justification. This follow-up form must be directly linked to form IIA-002. Impact on Service Quality, the latter being the operator's baseline for this concept, and with the possible changes occurring originating from form IIA-005 Investment Plan Follow-up. The information provided semi-annually will not be cumulative.
c. IIA-007- Follow-up Retirements: required information on actual asset retirements regarding investments, with a closing date as of the corresponding previous semester (I semester or II semester, as applicable). In this form, only the actual execution based on the information provided in form IIA-003- Retirements will be entered, along with possible other retirements not planned but executed, providing the proper justification.
The information provided semi-annually will NOT be cumulative.
2. Periodicity of Information Submission:
The information presented completely in accordance with the established annexes and forms must be submitted to serve two main purposes: first, for the purposes of the tariff application, and second, for the periodic information that must focus on updates to the investment plan. Consequently, the periodicity for submitting information is detailed below:
a. Information for the tariff study: the forms must be updated and must be submitted at least thirty business days before the presentation of the tariff study. The information contained in these forms for the tariff study must also be consistent with the Investment Plan (IIA-001), considering investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements that are under development during the current year, the possible updates in time, scope, or resources, as well as inclusions, exclusions, or postponement of projects, the foregoing considering the cutoff dates. Likewise, those investment projects that at the end of their cycle will materialize as additions to or capitalizations of productive assets or as improvements that will be capitalized during the period covered by the tariff study analysis must also be incorporated.
In this regard, the following forms must be submitted, together with a detailed report on the Investment Plan (the content is detailed in Anexo N°1):
i. IIA-001. Investment Plan ii. IIA-002. Impact on Service Quality iii. IIA-003. Retirements iv. IIA-004. Risk Matrix and Business Continuity Plan b. Periodic information: this type of information must be submitted on the corresponding forms described below, with the cutoff and submission dates indicated in the following table:
Cuadro N°1 Cronograma para la entrega de información periódica de inversiones
| Form | Cutoff Date | Submission Date |
|---|---|---|
| IIA-001. Investment Plan | December 31 | Last business day of February |
| IIA-002. Impact on Service Quality | December 31 | Last business day of February |
| IIA-003. Retirements | December 31 | Last business day of February |
| IIA-004. Risk Matrix and Business Continuity Plan | December 31 | Last business day of February |
| IIA-005. Investment Plan Follow-up | June 30 December 31 | Last business day of August Last business day of February |
| IIA-006. Impact on Service Quality | June 30 December 31 | Last business day of August Last business day of February |
| IIA-007- Retirements | June 30 December 31 | Last business day of August Last business day of February |
Source: Intendencia de Agua.
II.Notify the providers that they must send the requested information to the email address [email protected]. If the information cannot be attached via email, a mass file hosting platform (Dropbox, OneDrive, or others) must be used. The foregoing shall be effective until the Intendencia de Agua notifies each operator, via an official communication, of the date by which they must upload this information to the Regulatory Information System (SIR).
III.Notify the Instituto Costarricense de Acueducto y Alcantarillado (AyA), the Empresa de Servicios Públicos de Heredia S.A. (ESPH S.A.), and the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento S.A. (SENARA S.A.) that what is set forth and resolved in the resolution issued for this purpose takes effect upon its publication in the official gazette La Gaceta.
IV.Notify the Instituto Costarricense de Acueducto y Alcantarillado, the Empresa de Servicios Públicos de Heredia S.A. (ESPH S.A.), and the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento S.A. (SENARA S.A.) that the forms and annexes that form an integral part of this resolution are available for consultation or download at the following link: https://aresep.go.cr/agua-potable-informacionregulatoria/ingresadores-de-inversiones/ or another that is formally indicated via official communication.
V.Notify the providers that they may not unilaterally modify the forms established through this resolution. Any modification or improvement to the formats deemed convenient, including those requested by the public service providers, will be managed through the Intendencia de Agua, via a formal official communication that will be timely communicated to each of them (Instituto Costarricense de Acueducto y Alcantarillado, the Empresa de Servicios Públicos de Heredia S.A. (ESPH S.A.), and the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento S.A. (SENARA S.A.)) and will take effect the next business day following its publication.
VI.Remind the providers that, in accordance with the provisions of Law Nº7593, compliance with the submission of the information indicated in the resolution issued is a requirement for the admissibility and analysis of any tariff application, whether ordinary or extraordinary, and therefore the public service providers have the obligation to submit this information within the established deadlines.
VII.Inform the public service providers regulated by the Intendencia de Agua, Aresep, in the different stages of the value chain of the respective service, that the simplification and standardization criteria for the analysis and valuation of investments will be those specified in Anexo N°3, which is available for consultation or download at the following link: https://aresep.go.cr/agua-potable-informacionregulatoria/ingresadores-de-inversiones/ or another that is formally indicated via official communication.
VIII.Render null and void all provisions issued in different resolutions and official communications by the Intendencia de Agua regarding investments, given that this new resolution incorporates the necessary requirements to oversee them. (This includes resolutions RE-0016-IA-2021 of August 30, 2021, and RE-0023-IA-2021 of October 18, 2021).
In compliance with the provisions of articles 245 and 345 of the General Public Administration Law (Ley General de la Administración Pública, LGAP), it is hereby informed that the ordinary remedies of revocation (revocatoria) and appeal (apelación), and the extraordinary remedy of review (revisión), may be filed against this resolution. The remedy of revocation may be filed before the Water Intendant (Intendente de Agua), who is responsible for resolving it, and the remedies of appeal and review may be filed before the Board of Directors (Junta Directiva), which is responsible for resolving them.
In accordance with article 346 of the LGAP, the remedies of revocation and appeal must be filed within a period of three business days counted from the business day following the notification, and the extraordinary remedy of review must be filed within the periods indicated in article 354 of said law.