Tariff-setting petitions must conform to Law No. 7593, its Reglamento, and this Reglamento." The comprehensive analysis of the legal framework that has been detailed allows concluding that, in accordance with the provisions of Articles 3, 4 subsection f), 5 subsection a), 6 subsection d), 9 and 31 to 36 of Law No. 7593, sections 4 subsection a) point 2), 14, 15, 16, 17 and 41 of Decreto Ejecutivo N.º 29732-MP, Article 6 subsection 16 of the RIOF, Article 14 of Law No. 7200, Section 20 of Decreto Ejecutivo N.º 37124-MINAET, Articles 23 and 26 of the "Reglamento Sectorial de Servicios Eléctricos", Decreto 29847-MP-MINAE-MEIC, it corresponds to Aresep to set the prices and tariffs of such public services, as well as to establish the tariff methodologies or models that will determine them. The foregoing is consistent with reiterated jurisprudence of the corresponding courts and the criteria of the Procuraduría General de la República.
Furthermore, it allows concluding that Aresep is competent to approve and apply tariff methodologies for the purchase and sale of energy by ICE from private generators covered under Law No. 7200 that are based on price band criteria, such as those proposed in this report.
4.4. On the regulatory policy of ARESEP On October 5, 2021, through resolution RE-0206-JD-2021, the Board of Directors of Aresep approved the "Política Regulatoria de la Autoridad Reguladora de los Servicios Públicos", whose fundamental objective is "to have instruments that allow the regulatory entity the optimal provision of regulated public services, through technical standards, quality criteria, tariff methodologies, information processes, and social participation that respond to the changes caused by the economic and social context, the environment, technologies, or public policy decisions that require the regulatory entity to improve both its internal processes and the interaction with the different elements of the environment." This Política contains principles related to quality, cost-of-service, citizen participation, equity, inclusiveness, sustainability, universality, transparency, and efficiency. Its approaches are independence, objectivity, continuous improvement, dialogue and participation, human rights, gender equality, and territoriality.
In turn, the Política is based on 6 pillars related to:
1. Regulation with a rights approach 2. Regulation for the quality of public services 3. Regulation that promotes efficiency 4. Regulation with purpose 5. Regulation committed to sustainable development 6. Independent regulation coordinated with its environment These pillars support the general and specific objectives and the intervention axes of this Política. Specifically, one general objective and 6 specific objectives are proposed, according to the following detail:
General objective:
Strategically guide regulatory action towards achieving the public value of the organization, thus allowing the satisfaction of users' needs and the efficient provision of public services, incorporating the cross-cutting and progressive application pillars in all areas of institutional action.
Specific objectives:
Objective 1. Strengthen the rights approach in institutional action in a way that allows different types of users to be part of the regulatory action, through capacity building, provision of information, and participation mechanisms for their effective influence, access, and universal enjoyment of public services throughout the national territory, to achieve institutional public value.
Objective 2. Establish quality standards in all regulated public services to strengthen oversight, coordination, and control actions to achieve the satisfaction of the needs of different user types, ensuring that the conditions of quantity, solidarity, reliability, continuity, accessibility, timeliness, good treatment, and optimal provision are met efficiently and gradually.
Objective 3. Develop a regulation that provides the necessary signals to bring the provision of public services towards the path of efficiency and effectiveness, both individually and by sector or industry, considering the efficient cost-of-service principle, the application of comparative regulatory approaches, and the exercise of a timely regulatory model, supported by best practices and the articulation of policy instruments.
Objective 4. Implement a regulatory model for achieving public value, purpose-oriented, that considers risks and is based on available scientific evidence, flexible, enabling, and forward-looking, capable of anticipating institutional action in the face of the conjunctural dynamics of the environment, within a framework of transparency and accountability.
Objective 5. Contribute to the economically, socially, and environmentally sustainable development of the country, through regulatory instruments that respond to its socioeconomic needs, promote the protection of natural resources and generate actions against climate change in the provision and use of public services, as well as the promotion of innovation in regulation and the provision of public services that promotes equity, contemplating territorial asymmetries.
Objective 6. Strengthen the independence, autonomy, and linkage with the environment of the regulatory entity, so that decision-making is carried out in adherence to technical criteria, protected by regulations and in defense of institutional competences through clear roles, responsibilities, purposes, and objectives on regulatory functions, fostering a relationship with the environment that improves the impact of regulation on the country's development objectives.
For the purposes of the modification of the tariff methodologies being processed, it is important to highlight what is indicated in the following strategies set forth in this Política:
Strategy 3.1. Promote regulatory approaches that incentivize efficiency in providers, promoting competitive and accessible tariffs to users through technically and factually supported regulatory instruments, on which the measurement of their incidence and economic impact can be carried out.
Strategy 3.2. Develop a regulation within the framework of an industry-efficient cost-of-service concept.
Strategy 3.4. Develop flexible regulation that facilitates the incorporation of the changing needs of society and force majeure events.
Strategy 4.3. Strengthen and develop regulatory instruments through forward-looking regulation that facilitates the incorporation of technological innovations, flexible and enabling instruments for change, considering the needs of society and force majeure events under the principles of proportionality, efficiency, effectiveness, participation, legal certainty, coordination, and transparency.
Strategy 5.1. Incentivize, through different regulatory instruments, the rational use of renewable resources in the provision of public services; where this is not possible, the efficient use of non-renewable resources shall be incentivized.
Strategy 5.3. Incentivize, through regulatory instruments, innovation and the adoption of technologies to achieve global sustainable development goals and generate actions against climate change, decarbonization, and the energy transition Strategy 6.1. Provide legal certainty to different types of users by verifying in each regulatory instrument strict adherence to the current legal framework.
In accordance with these objectives and strategies, the proposed changes in the tariff methodologies seek to promote efficiency, innovation, and flexibility, by allowing ICE to pay energy purchase tariffs more in line with the international reality of significantly and rapidly decreasing costs (.)
X.That from report IN-0071-CDR-2023, of November 7, 2023, which serves as the basis for this resolution, the justification underlying the proposal for the partial modification of the tariff methodologies for private generation for new plants from wind and solar sources, approved by the Board of Directors of Aresep through resolutions RJD-163-2011 of November 30, 2011, and its amendments, and RJD-034-2015 of March 16, 2015, is extracted.
(.)
5. GENERAL CHARACTERISTICS OF THE PUBLIC SERVICE OF ELECTRICITY GENERATION WITH SOLAR AND WIND ENERGY 5.1. Current situation of the regulated service The generation of electric power is decentralized in the sense that it falls upon multiple institutions, private generators, municipal companies, cooperatives, among others; that are distributed throughout the length and breadth of the country. The main electric power generators in Costa Rica are:
* Instituto Costarricense de Electricidad (ICE): An autonomous State institution with the legal mandate to provide the electric power that society requires for its development; it generates electric power through hydroelectric, thermal, geothermal, wind, and solar projects.
* Compañía Nacional de Fuerza y Luz S.A. (CNFL): A public company under private law, a subsidiary of ICE which owns 98% of the shares, with the remaining 2% in private hands; it develops hydroelectric and wind projects for electric power generation.
* Junta Administradora del Servicio Eléctrico Municipal de Cartago (JASEC): A municipal institution that generates small amounts of electricity in its own hydroelectric plants.
* Empresa de Servicios Públicos de Heredia S.A. (ESPH): A municipal company that has several hydroelectric projects for electric power generation.
* Rural electrification cooperatives: These include the cooperatives of Los Santos (COOPESANTOS, R.L.), San Carlos (COOPELESCA R.L.), and COOPEGUANACASTE R.L.; they are legal entities of public convenience and utility and of social interest, governed by private law. These cooperatives develop hydroelectric, wind, and solar electric generation projects. In turn, these cooperatives have created consortia from the union of all or part of the rural electrification cooperatives, such as the Consorcio Nacional de Empresas de Electrificación Rural de Costa Rica (CONELÉCTRICAS R.L.) and CONSORCIO CUBUJUQUÍ, R.L., figures under which financing has been obtained for the development of generation projects that allow them to supply subscribers in the distribution area.
* Private electric generation companies: This refers to private generators operating under the framework of Chapter I and Chapter II of the Ley de Generación Autónoma o Paralela, N.º 7200 and its amendments. Chapter I of this law authorizes private generation from renewable sources in Costa Rica, limited to a scale of up to 20 MW of maximum installed capacity per company; furthermore, the set of projects must not exceed 15% of the total power of the electric plants that make up the National Electric System (Sistema Eléctrico Nacional, SEN). In the charts, these are identified as "Privadas" and correspond to private companies subject to the rates determined by the present methodology. Meanwhile, chapter II of this law allows private companies to generate electricity for the National Electric Sector (SEN), provided they do so through renewable sources; in the charts, these are identified as "BOT"2 and are not subject to the rates established in the present methodology.
2 English acronym for "Build, Operate and Transfer." When analyzing the electric power generation service, in the year 2022, ICE represents the largest generator in the Costa Rican market because it produces 68% of the electric power; for their part, private generators (Law N.º 7200, chapter I) represent 7.28% of the total national generation, revealing their importance for the stability and development of the SEN. This is observed in the following chart.
In general, in the year 2022, electric power generation reached 12,592.30 GWh3, which constituted a 0.42% increase compared to the year 2021. However, in the case of private generators under Chapter I of Law N.º 7200, there was a 16.28% decrease in the electric power generated, going from 1,095.09 GWh to 916.84 GWh.
3 Annual generation and demand report of the División Operación y Control del Sistema Eléctrico, 2022.
The main electric power generation sources for private generators (Law N.º 7200, chapter I) are wind, hydro, and bagasse, which constitute 4.86%, 1.98%, and 0.44% of the total energy generated in the SEN. The foregoing is observed in the following table.
Source: ICE, Annual generation and demand report of the División Operación y Control del Sistema Eléctrico, 2022.
In the year 2022, there was a significant contraction in electric power generation from wind and solar sources compared to the year 2021, with a reduction in generated energy of 12.97% and 12.31% respectively; however, if the generation behavior over the last decade is analyzed, it is observed that wind and solar sources show a relevant increase in their participation in electric power generation, going from 528.38 GWh to 1,369.23 GWh and from 0.30 GWh to 8.04 GWh respectively.
Nevertheless, if the generation behavior with both sources during this decade is analyzed, significant growth is observed between the years 2012-2018, where generation with solar and wind energy increased by 3196.67% and 240.45% respectively. However, this behavior changes starting in the year 2018 (which constitutes the peak generation for each of these sources), given that in the 2018-2022 period, a reduction of 18.7% and 23.94% for solar and wind sources respectively is presented. This is observed in the following table.
Despite the reduction in generation from wind and solar sources presented in recent years, wind and solar sources constitute 10.87% and 0.06% of national generation, with energy generated by wind sources being the third most important at the national level, as observed in the following chart.
In relation to the installed nameplate capacity, private companies (Law N.º 7200, chapter I) hold 8.44% of the National Electric System (SEN) capacity with 290,458 kW, as observed in the following chart.
It is worth highlighting that the distribution by generation source of the installed nameplate capacity of private companies (Law N.º 7200, chapter I) is 56.40%, 24.44%, and 19.15% for wind, hydro, and bagasse sources respectively. However, not all the installed nameplate capacity is under contract; in the case of hydro sources, 96.89% (53,899 kW) is under contract, for wind sources, 94.58% (154,950 kW) is under contract, and 53.24% of the installed nameplate capacity of bagasse is under contract. In general, 84.92% of the installed nameplate capacity of private generators (Law N.º 7200, chapter I) is under contract, as observed in the following table.
5.2. Current Rate-Setting Methodologies As indicated in the background, the current rate-setting methodologies applicable to private generation plants using wind and solar sources were approved according to the following resolutions:
- Resolution RJD-163-201 of November 30, 2011, which approved the "Model for determining reference rates for new private wind generation plants." This has been modified by resolutions RJD-027-2014, RJD-017-2016, and RE-0119-JD-2022.
- Resolution RJD-034-2015 of March 16, 2015, which approved the "Methodology for determining reference rates for new private solar photovoltaic generation plants." Both rate-setting methodologies aim to establish a tariff band that stimulates private investment in this sector and allows the buyer to offer a range of electricity purchase prices with which the offeror can obtain sufficient income to cover their operating costs, recover the investment made, and obtain a reasonable return for the level of risk associated with the electricity generation activity.
Both models establish the procedures and formulas for calculating the respective rate, as well as the requirements to implement the respective procedure.
In general, both rate-setting methodologies propose in the general formulation of the rate model that the price is determined by the following formula:
Where:
CE = Exploitation Costs (Costos de explotación) CFC = Fixed Cost of Capital (Costo fijo por capital) P = Sale Rate (Tarifa de venta) E = Sales Expectations (amount of energy) (Expectativas de venta) This formulation is developed in formula 1 (solved) of the rate-setting methodology for wind plants and in formula 2 of the rate-setting methodology for solar photovoltaic plants.
In both rate-setting methodologies, the price defined through this model serves as the basis for establishing a tariff band. The tariff bands are estimated as follows:
§ Upper limit: obtained as the average unit investment cost plus one standard deviation.
§ Lower limit: calculated as the value of the average unit investment cost minus the value of three standard deviations.
This is according to section ix. (Definition of the tariff band) of the rate-setting methodology for new wind plants (RJD-163-2011 and its modifications) and section 3.5 (Definition of the tariff band) of the rate-setting methodology for new solar photovoltaic plants (resolution RJD-034-2015).
5.3. Results of the Current Rate-Setting Methodologies To analyze the results of the current rate-setting methodologies for private generation using wind and solar photovoltaic sources, the results of some of the rate settings carried out during the 2014-2023 period were compiled. The following table shows this information.
As observed in the previous chart, during the reference period (except in recent years), the prices set according to the current rate-setting methodologies have been decreasing, with the lower limit of the tariff band for private energy generators showing a decrease of 24.6% and 16.0% for solar and wind sources, respectively.
According to the latest rate settings for both types of sources, the current average prices are 9.7 and 9.9 dollar cents per kWh for solar photovoltaic and wind technologies, respectively. In the case of the minimum price (lower band), the respective rates are 5.6 and 6.3 dollar cents per kWh, respectively.
6. JUSTIFICATION FOR THE PROPOSED CHANGES As indicated above, the current methodologies apply a regulatory approach of tariff bands with a lower limit bounded by a fixed number of standard deviations (3), which were opportune at the time of their implementation; however, with technological development implying increasingly lower investment costs, limitations in this approach have become evident by failing to reflect the accelerated decreases of these costs within the limits of the established band; in other words, the current evolution of investment costs has led them to levels below the lower limit of the current bands.
The evolution of investment costs in solar photovoltaic and wind projects is evidenced in the following chart:
As observed in the previous chart, the International Renewable Energy Agency (IRENA) establishes that between 2010-2021, the levelized cost of electricity5 and the installation costs of electric generation from wind (onshore and offshore) and solar sources have shown a constant decrease, which may imply that national consumers are currently paying rates higher than what is technically adequate, affecting the country's social welfare. These decreases have been more accelerated than those presented by other renewable generation sources, as shown in the following table.
4 For more details on the report previously summarized here, it can be downloaded at the link: https://www.irena.org/-/media/Files/IRENA/Agency/Publication/2022/Jul/IRENA_Power_Generation_Costs_2021.pdf?rev=34c22a4b244d434da0accde7de7c73d8 5 Levelized cost of electricity is a standard methodology for calculating the cost per kilowatt-hour for each type of electric generation. This parameter accounts for all the costs each generation system has over its useful life (investments, fuel, emissions, operation and maintenance, dismantling...) and divides it by the total energy production, subsequently updating it to present value.
When comparing the installation costs of wind (onshore and offshore) and solar sources against other renewable sources, it is evident that wind sources have shown a decrease of between -35% and -41%, while for solar, the decrease was -82%; this behavior has not been as pronounced in other renewable electric power sources. Meanwhile, the levelized cost of electricity has shown reductions of over 60% in the case of wind sources and -88% in the case of solar sources.
It is worth highlighting that in the Renewable Power Generation Cost report for 2021, it is noted that during the 2010-2021 period, a significant change occurred in the balance of competitiveness between renewable energies and traditional fossil fuel and nuclear options due to the decrease in module prices, improvements in system efficiency, economies of scale in manufacturing, and process optimization; this is evidenced in the following chart.
6 In the "Renewable Power Generation Costs" report for 2021, IRENA performs a historical analysis of cost behavior based on levelized cost and performance data from around 21,000 renewable energy electric generation projects worldwide.
It is concluded from the foregoing that at the international level, the generation costs of renewable energies, including wind and solar, tend to decrease over time due to technological advancement, production scale, and market competitiveness.
When comparing the evolution of costs and rates of wind and solar generation plants at the national and international levels, it is concluded that:
. There is a marked trend towards the decrease of international costs: a general trend towards the decrease of renewable energy generation costs, including wind and solar, has been observed. This is due to technological advances, economies of scale, efficiency improvements, and greater market competition.
. Slight trend towards cost reduction in Costa Rica: both in solar photovoltaic and wind generation, a trend towards cost reduction over time is observed. The reference rates established in the resolutions show a decrease in the lower, upper, and average limits in most cases.
. Relative stability or slight increases in solar photovoltaic and wind generation rates at the national level in recent years: although a gradual decrease in solar photovoltaic and wind energy generation costs has been observed, the reference rates established in the resolutions show less variation, and since early 2022, there has been an upward trend in reference prices.
. Different behavior at the international and national level: the behavior of the levelized cost of electricity at the international level (according to IRENA) and the rates set by Aresep have evidenced a different magnitude in the decreases experienced. In the case of solar photovoltaic generation, international costs have decreased by 88% in the 2010-2021 period, while nationally, rates have decreased by 25% in the 2015-2023 period. In the case of wind generation, these percentages are 68% (2010-2021 period) and 16%.
. In general, the rate settings carried out through the current rate-setting methodologies lead to average rate levels and lower limits that are higher than the levelized costs at the international level. Although both concepts are not totally comparable (in concept and reference date), they do reflect a significant limitation of the current rate-setting methodologies. In the case of wind generation, according to the most recent figures, while the levelized cost is $3.3 cents per kWh, the average rate is $9.9 cents per kWh, and the lower limit is $6.3 cents per kWh. In the case of solar photovoltaic generation, the levelized cost is $4.8 cents per kWh, the average rate is $9.7 cents per kWh, and the lower limit is $5.6 cents per kWh.
The previous conclusions could have an impact on the contracting processes for new private generation plants by ICE, by preventing private generators from offering rates consistent with their true supply costs and, therefore, preventing ICE—and ultimately the user—from taking advantage of the cost reductions inherent in technological change.
The foregoing evidences that it is necessary to adjust the rate-setting methodologies so that they allow for the timely recognition of these cost decreases and, ultimately, more competitive energy rates.
Given the current situation, alternatives must be analyzed to incorporate said efficiency and cost reduction into the rate-setting methodologies for generation with wind and solar sources. Among the possible solutions, the widening of the lower limit of the band and the establishment of a maximum rate are identified, both alternatives allowed by current regulations, as was analyzed in the preceding sections.
Therefore, considering these conditions and agreements 06-50-20323 and 03-63-2023 of the Board of Directors, it is proposed to widen the lower limit of the tariff band, which would allow ICE to take advantage of the decreases in operation and investment costs, in such a way that the possibility of passing on improvements in efficiency or those derived from technological change to final consumers is not limited.
In general, this approach seeks to protect consumers from inefficient settings unrelated to the cost of providing the service, but without limiting the possibility for ICE and private electric power generators to establish rates that adjust to efficiency improvements and the technological development of the sector, thereby providing a certain level of flexibility in the rate-setting processes. This would have a positive impact on consumers and the economy in general. This is because by lowering generation costs, more competitive electricity rates can be achieved, translating into savings for consumers and a greater capacity for companies to be more competitive.
On the other hand, as analyzed previously, the current legal framework empowers Aresep to establish rate-setting methodologies associated with both tariff bands and maximum prices, which applies to both new and existing plants.
In the rate-setting methodology for new wind plants, it is also proposed to eliminate what is related to the second option for the calculation of tariff bands, as it is unnecessary given the implementation of regulatory accounting and the information it provides to feed the first of the options proposed in the current rate-setting methodology, which allows for having the necessary information to adequately apply this option. Furthermore, this second option has limitations, given that it makes the rate setting dependent on external sources that are not necessarily representative of the national reality.
(.)"
XI.That, based on the preceding resultandos and considerandos, the appropriate course is: 1. To issue the partial modification of the rate-setting methodologies for private generation for new wind and solar source plants, approved by the Board of Directors of the Autoridad Reguladora de los Servicios Públicos, through resolutions RJD-163-2011, of November 30, 2011, and its amendments, and RJD-034-2015, of March 16, 2015. 2. To consider the response to the positions presented in the public hearing, held on October 26, 2023, as stated in report IN-0070-CDR-2023, of November 7, 2023, and to express gratitude for the valuable participation in this process. 3. To instruct the Secretaría de Junta Directiva of Aresep to proceed to notify the Asociación Costarricense de Productores de Energía (ACOPE) and the Instituto Costarricense de Electricidad (ICE) of the response to the positions raised in the public hearing as well as the present resolution, in a single act. 4. To instruct the Secretaría de Junta Directiva of Aresep to proceed, in accordance with the functions established in the RIOF, to publish this resolution in the official gazette La Gaceta. 5. To instruct the Dirección General Centro de Desarrollo de la Regulación to proceed with the consolidation of the rate-setting methodologies for private generation for new wind and solar source plants, and to coordinate with the Departamento de Comunicación Institucional for their dissemination on the institutional website. 6. To communicate this resolution to the Dirección General Centro de Desarrollo de la Regulación, the Dirección General de Atención al Usuario, and the Intendencia de Energía, for the appropriate purposes.
XII.That in ordinary session 93-2023, held on November 15, 2023, and ratified on November 21, 2023, the Board of Directors of the Autoridad Reguladora de los Servicios Públicos, based on final technical report IN-0071-CDR-2023, of November 7, 2023, official communication OF-0367-CDR-2023, of November 7, 2023, and OF-0719-DGAJR-2023, of November 9, 2023, from the Dirección General de Asesoría Jurídica y Regulatoria, agrees to issue the present resolution as ordered.
Based on the powers conferred in Law N°7593, Ley de la Autoridad Reguladora de los Servicios Públicos, and its amendments, in the Ley General de la Administración Pública, N°6227, Law N°7200, Ley que Autoriza la Generación Eléctrica Autónoma o Paralela, amended by Law 7508, in Decreto Ejecutivo N°29732-MP, which is the Reglamento a la Ley N°7593, and in the "Reglamento interno de organización y funciones de la Autoridad Reguladora de los Servicios Públicos y su órgano desconcentrado" (RIOF); the following is ordered.
THE BOARD OF DIRECTORS OF THE AUTORIDAD REGULADORA DE LOS SERVICIOS PÚBLICOS
I.To issue the partial modification of the rate-setting methodologies for private generation for new wind and solar source plants, approved by the Board of Directors of the Autoridad Reguladora de los Servicios Públicos, through resolutions RJD-163-2011, of November 30, 2011, and its amendments, and RJD-034-2015, of March 16, 2015, in accordance with the following:
Rate-setting methodology for wind plants With the proposed changes, the following sections of the "Model for determining reference rates for new private wind generation plants," issued through resolution RJD-163-2011 and its modifications RJD-027-2014, RJD-017-2016, and RE-0119-JD-2022, shall read as follows:
"(.)
viii. Amount of the unit investment (M) (.)
g. The number of standard deviations from the set of average unit investment cost values to be incorporated in the calculation of the lower limit of the tariff band is calculated, meeting the following criterion.
X = Y − 1 Subject to the restriction:
Y > 0 Where, X = Number of standard deviations to include in the estimation of the lower limit of the tariff band.
Y = Minimum number of standard deviations in absolute terms necessary for the unit investment cost to be 0 or negative. Estimated as the average unit investment cost (subsection e) divided by the value of the standard deviation (subsection f); if the result is different from an integer, it is rounded up to the next integer.
If it is not possible to calculate the value of Y, the variable "X" will take the value of 0.
(.)
ix. Definition of the tariff band (.)
. The lower limit of the band consists of using, for the calculation of the rate, the value of the average unit investment cost minus the amount corresponding to the number of standard deviations (subsection g of section viii.) multiplied by the standard deviation (subsection f of section viii.).
(.)" The second calculation option in section viii., "Amount of the unit investment (M)," is eliminated.
Rate-setting methodology for solar photovoltaic plants With the proposed changes, the following sections of the "Methodology for determining reference rates for new private solar photovoltaic generation plants," approved through resolution RJD-034-2015 of March 16, 2015, and published in La Gaceta N.º 60 of March 26, 2015, shall read as follows:
"(.)
3.4 Amount of the unit investment (M) (.)
g. The number of standard deviations from the set of average unit investment cost values to be incorporated in the calculation of the lower limit of the tariff band is calculated, meeting the following criterion.
X = Y − 1 Subject to the restriction:
Y > 0 Where, X = Number of standard deviations to include in the estimation of the lower limit of the tariff band.
Y = Minimum number of standard deviations in absolute terms necessary for the unit investment cost to be 0 or negative. Estimated as the average unit investment cost (subsection e) divided by the value of the standard deviation (subsection f); if the result is different from an integer, it is rounded up to the next integer.
If it is not possible to calculate the value of Y, the variable "X" will take the value of 0.
(.)
3.5 Definition of the tariff band 3.6 (.)
▪ Lower limit: calculated as the value of the average unit investment cost minus the amount corresponding to the number of standard deviations (subsection g of section 3.4) multiplied by the standard deviation (subsection f of section 3.4).
(.)"
II.To consider the response to the positions presented in the public hearing, held on October 26, 2023, as stated in report IN-0070-CDR-2023, of November 7, 2023, and to express gratitude for the valuable participation in this process.
III.To instruct the Secretaría de Junta Directiva of Aresep to proceed to notify the Asociación Costarricense de Productores de Energía (ACOPE) and the Instituto Costarricense de Electricidad (ICE) of the response to the positions raised in the public hearing as well as the present resolution, in a single act.
IV.To instruct the Secretaría de Junta Directiva of Aresep to proceed, in accordance with the functions established in the RIOF, to publish this resolution in the official gazette La Gaceta.
V.To instruct the Dirección General Centro de Desarrollo de la Regulación to proceed with the consolidation of the rate-setting methodologies for private generation for new wind and solar source plants, and to coordinate with the Departamento de Comunicación Institucional for their dissemination on the institutional website.
VI.To communicate this resolution to the Dirección General Centro de Desarrollo de la Regulación, the Dirección General de Atención al Usuario, and the Intendencia de Energía, for the appropriate purposes.
In compliance with what is ordered by Article 245 of the Ley General de la Administración Pública, against this resolution, the ordinary remedy of reconsideration or reposición is admissible, which must be filed within three days starting from the day after notification, and the extraordinary remedy of revision, which must be filed within the deadlines indicated in Article 354 of the cited Law. Both remedies must be filed before the Board of Directors of Aresep, the collegiate body responsible for resolving them.
It takes effect upon its publication in the official gazette La Gaceta.
LET IT BE PUBLISHED, NOTIFIED, AND COMMUNICATED.
TRANSITORY PROVISION. Once the changes in the rate-setting methodologies of the "Model for determining reference rates for new private wind generation plants" (RJD-163-2011) and the "Methodology for determining reference rates for new private solar photovoltaic generation plants" (RJD-034-2015) come into force, the Intendencia de Energía must initiate, ex officio, within a maximum period of 60 calendar days, the process to set rates for each of the rate-setting methodologies, in such a way that the respective expediente is opened, the initial report is issued, and the respective public hearing is convened within the indicated period.
In this case, these settings will be based on the information from the last approved rate setting, adjusting only what pertains to the estimation of the lower band.