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August 16, 2022In force

Agreement-SEN-071-2022

Poder Ejecutivo

  • Decree: SEN-071-2022
  • Published: August 16, 2022
  • Issuing body: Poder Ejecutivo
  • Gazette: 36,003
  • Category: Administrative

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This agreement establishes the administrative procedure that the Energy Ministry must follow to process and authorize electricity subsidy payments requested by ENEE. It defines the responsibilities of each department (from reception to financial approval) to verify that subsidies correctly reach low-income families, prioritizing the poorest.

Considerations

Whereas, in accordance with article 247 of the Constitution of the Republic of Honduras, Secretaries of State are collaborators of the President of the Republic in the orientation, coordination, direction and supervision of the organs and entities of the national public administration, in the area of their competence.

Whereas, it is an attribution and duty common to Secretaries of State, as provided in article 36, numeral 8) of the General Law of Public Administration "to issue agreements and resolutions in matters of their competence and those delegated to them by the President of the Republic and to ensure their execution".

Whereas, by means of Executive Decree No. PCM-048-2017 of August 7, 2017, the Secretariat of State in the Office of Energy is created as the Governing Institution of the national energy sector and of regional and international energy integration and policies related to the integral and sustainable development of the energy sector.

Whereas, Article 1 of Legislative Decree No. 2-2022 published in the Official Newspaper La Gaceta on February 11, 2022, establishes that "When the State decides to subsidize low-income consumers, it shall do so without affecting the finances of the electric subsector, and may for this purpose charge to one category of users, costs attributable to another category"; likewise, Article 180-A of Legislative Decree 30-2022 published on April 8, 2022 in the Official Newspaper La Gaceta, literally states: "In the case of subsidies for Electric Energy, the National Company of Electric Energy (ENEE) shall provide to the Secretariat of State in the Office of Energy (SEN) the list of consumers who are beneficiaries of the subsidy". Therefore, in order to expedite the corresponding administrative process, it is necessary to establish the internal administrative procedure of the Secretariat of State in the Office of Energy (SEN) and the information that shall be submitted by the National Company of Electric Energy (ENEE) in accordance with the subsidized amounts.

Whereas, by means of Legislative Decree 30-2022, the budget allocated to this Secretariat of State to address subsidies for energy, fuels and liquefied petroleum gas (LPG) is modified, commitments assumed by the Government of the Republic presided over by the first woman President in the history of Honduras; and in that sense and in compliance with the mandate of the Secretariat of State in the Office of Finances by means of Official Letter No. DGP-007-2022 dated April 12, 2022, which informs this Secretariat of State of the allocation of the new budget to address the prioritization of actions to be carried out by this institution and those contemplated in the Government Plan.

Whereas, in Article 2 of Executive Decree PCM-02-2022 published in the Official Newspaper La Gaceta on March 17, 2022, the National Company of Electric Energy (ENEE) is instructed to transfer the difference of the subsidy equivalent to forty percent (40%) to non-residential customers, excepting commercial customers integrated into the low-voltage network with consumption equal to or less than 3000 kWh (micro, small and medium enterprises that apply in accordance with the provisions of Legislative Decree 02-2022). ENEE, jointly with the Secretariat of Energy (SEN) and the National Information Center of the Social Sector (CENISS) (Currently the Poverty and Vulnerability Observatory, in accordance with Executive Decree PCM-05-2022) must initiate the process of deepening the targeting of said subsidy so that it is received by low-income families categorized as living in extreme poverty.

Whereas, Article 18 of Executive Decree PCM-05-2022 published in the Official Newspaper La Gaceta on April 6, 2022, establishes "The transfers of funds executed through the Secretariat of Finances for different Entities, with the exception of the budgetary allocation denominated Comprehensive Pilot Program to Combat Urban Poverty (PPICPU), a project created within the framework of the Poverty Reduction Strategy (ERP) for children in street situations, shall be carried out through each Secretariat of State".

Articles

Article 1.-

OBJECTIVE. - The purpose of this agreement is to establish the process and delimitation of responsibilities by work unit in the internal procedure of the Secretariat of Energy (SEN) to issue technical opinion and legal opinion, regarding the management of payment of the electricity energy subsidy at the request of the National Electrical Energy Company "ENEE".

Article 2.-

START OF PROCEEDING. The Request for monthly payments of the electricity energy subsidy is submitted by means of an Official Letter issued by the General Management of the National Electrical Energy Company (ENEE) to the Office of the Secretary of State of the State Secretariat in the Office of Energy (SEN), in compliance with what is established in Executive Decree PCM-02-2022. The Request must be accompanied by a summary table of information of consumers benefited by the subsidy, which includes User, Code and Subsidy Amount, supported by the Distribution Management of the National Electrical Energy Company, or its equivalent.

Article 3.-

RESPONSIBILITIES: a) Ministerial Office, is responsible for submitting by means of a memorandum to Single Window, the Official Letter issued by the National Electrical Energy Company (ENEE), regarding the request for management of payment of the electricity energy subsidy, with the original documents attached such as: 1.- Official Letter addressed to this State Secretariat, signed by the competent Authority; 2.- Technical Opinion or Report issued by the Distribution Management of ENEE that contains a summary table of information of consumers benefited by the subsidy, which includes User, Code, Region Code, region name, CNE Code, Consumption Sector, Billed Consumption, Subsidy Amount, department, period; 3.- CD or USB containing supporting information for subsidy payment validated by ENEE through the (Distribution Management); and, 4.- Original Payment Receipt issued by the General Management of the National Electrical Energy Company in the concept of payment of the requested subsidy. b) Single Window, is responsible for verifying prior to the endorsement of the receipt seal, that the Memorandum issued by the Ministerial Office contains:

  • 1)

    Official Letter addressed to this State Secretariat, signed by the General Management of ENEE;

  • 2)

    Technical Opinion or Report issued by ENEE Distribution Management that contains a summary table of information of consumers benefited by the subsidy, which includes User, Code, Region Code, region name, CNE Code, Consumption Sector, Billed Consumption, Subsidy Amount, department, period;

  • 3)

    CD or USB containing supporting information for subsidy payment validated by ENEE (this information must be previously verified by the General Secretariat); and,

  • 4)

    Original Payment Receipt issued by the General Management of the National Electrical Energy Company in the concept of payment of the requested subsidy. If the memorandum complies with the foregoing, reception is proceeded to, assigning an internal administrative file number according to the corresponding sequence, transferring it immediately to General Secretariat. c) General Secretariat, reviews the documentation coming from Single Window, will verify compliance with the requirements contained in sections a) and b) of this Agreement, and will also verify that the CD/USB contains information of consumers benefiting from the subsidy; subsequently, the request will be sent by Memorandum to the National Directorate of Energy Planning and Sectoral Energy Policy (DNPEPES) and to the General Directorate of Electricity and Markets (DGEM) so that they issue the joint technical opinion on the request presented. d) National Directorate of Energy Planning and Sectoral Energy Policy (DNPEPES) and the General Directorate of Electricity and Markets (DGEM), receive the administrative file sent by the General Secretariat, to issue the corresponding technical opinion focused on the instructions emanating from Executive Decree PCM-02-2022. In case any requirement/information is missing from the documentation sent, the corresponding request will be made to the National Electrical Energy Company (ENEE) simultaneously: 1. By means of an Official Letter from the Ministerial Office to the General Management of ENEE; and, 2. By electronic mail to the Distribution Management of the National Electrical Energy Company from the Reference Technical Directorates, understanding that a record must be kept in the administrative file of all actions taken for such purpose. Once the technical opinion is issued, the administrative file must be sent by memorandum to Single Window and subsequently to General Secretariat, so that it continues with the corresponding administrative procedure. e) The Legal Services Directorate, receives the administrative file once the technical opinion is issued by the competent Technical Directorates; once the corresponding legal opinion is issued, it will forward it to General Secretariat, so that it sends the file to Administrative Management for the processing of payment of the ENEE Subsidy. f) Administrative Management, receives the administrative file coming from General Secretariat, and performs the corresponding documentary validation for the processing of payment in the concept of subsidy to the National Electrical Energy Company "ENEE", verifying that the administrative file complies with the following information:

    • a)

      Official Letter requesting payment of subsidy issued by the General Management of ENEE;

    • b)

      Payment Receipt signed by the General Management of ENEE;

    • c)

      Joint technical opinion from the National Directorate of Energy Planning and Sectoral Policy (DNPEPES) and General Directorate of Electricity and Markets (DGEM) and Legal Opinion from the Legal Services Directorate of the Energy Secretariat. Once the documentation of the previous items is favorably validated, it will register in SIAFI the expense forms (F-01) for the electronic transfer to the account that for such purpose the National Electrical Energy Company (ENEE) provides, the quantity or quantities to be transferred will be determined by the data provided by the National Electrical Energy Company (Distribution Management), supported by the General Management in the corresponding official letter that begins the proceeding and by the Technical Opinion from the DNPEPES/DGEM Directorates and by the Legal Opinion from the Legal Services Directorate. Once the electronic transfer of the subsidy payment is made by the Finance Secretariat, Administrative Management will attach to the administrative file all evidence of the financial management of the payment as appropriate; subsequently it will forward it to General Secretariat for its transmission and corresponding scanning by the Records Officer of the Secretariat, prior to final filing of the Administrative File.

Article 4.-

REQUEST FOR RESOURCES: Administrative Management shall be responsible for presenting to the State Secretariat in the Office of Finance the budget requirement and the programming of budget and financial execution of the resources that will be necessary for the payment of the subsidy.

Article 5.-

The proceedings or requests initiated prior to the effective date of this Regulation shall be processed with the previous procedure.

Article 6.-

Coordinate with the Directorates involved in the procedure approved in this agreement, the modification of their operational plans including the product and the actions that derive from it. SECOND.- Communicate this agreement to the State Auditor and the Access to Public Information Entity through the Internal Audit Unit and the Public Information Access Unit, respectively for the corresponding purposes. THIRD: The effective date of this agreement shall be as of its publication in the Official Journal La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, on the twenty-seventh (27) day of the month of June of the year two thousand twenty-two (2022). COMMUNICATE AND PUBLISH. DR. ERICK MEDARDO TEJADA CARBAJAL SECRETARY OF STATE IN THE OFFICE OF ENERGY ERICKA LORENA MOLINA A. GENERAL SECRETARY

Notes

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