Since last April and for three more months, four of the six experts that the Energy and Gas Regulation Commission (Creg) they will be in charge, which is causing uneasiness in these sectors.
This week President Gustavo Petro and the Minister of Mines and Energy, Irene Vélez They signed the decrees that extended the assignments of these people for three months, who came to replace four experts appointed during the administration of Iván Duque.
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The people in question are Manuel Peña Suárez, head of the Upme Fund Project Management office; Angela Maria Sarmiento, head of the Office of Regulatory and Business Affairs (Oare) of the Ministry of Mines and Energy; and Juan Carlos Bedoya and Adriana María Jiménez, advisors to this same ministry.
Although the Creg is attached to the Ministry of Mines and Energy, This entity has been characterized as being independentsince it is in charge of developing all the regulations for the services of electric power, fuel gas and liquid fuels in the country.
This includes setting electricity rates for regulated users, which are homes and small businesses. It also sets the values of some of the components of the gasoline and diesel prices which are updated once a year.
We cannot change the technical for the political. That would be a huge setback.
The fact that officials from the Ministry of Mines and Energy and Upme have been appointed as experts in charge in an entity that has been characterized as being independent of public policy is what is putting into question the independence of decisions that are being taken within the Committee of Experts of the Creg.
For the president of Andesco, Camilo Sánchez, it is key that President Petro name these commissioned experts as property because they are not currently independent technicians, as they should be.
“We cannot change the technical for the political. That would be a huge setback, “he said. The union leader is also concerned that after several months as managers, the president has not decided to appoint them as property if they meet all the requirements that are required.
Entrepreneurs from the electric power sector also agree with the statements of the president of Andesco and ensure that these four people must be appointed in ownership and be independent.
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President of Andesco, Camilo Sánchez.
A former director of the Ministry of Mines and Energy also told EL TIEMPO that holding a position as manager somewhat restricts making difficult decisions.
He explains that, despite the fact that the Creg resolutions are signed by the executive director, José Fernando Prada and the minister Irene Vélez, behind them are the commissioners and if any investigation arises, they investigate everyone who was part of the decision.
Therefore, a commissioned official may possibly decide to refrain from making some decisions to not risk an investigation for a charge in which you are not actually named.
In addition, these experts in charge have other responsibilities associated with their positions in ownership both in the ministry and in Upme, so time will be less profitable if they were focused only on their functions in the Creg.
The issues may also be delayed, the regulation may not arrive on time
“The issues may also be delayed, the regulation may not arrive on timewhich is one of the complaints that the sector has always had with the Creg because they say that the commission is not fast, ”says the expert.
Likewise, it ensures that the Creg must be an independent body from the Ministry of Mines and Energy and from public policy. “If there are people who have a ministry hat, and at the same time are voters in the Creg, maybe there may be a conflict of interest regarding who listens to you“, he added.
Another important point on this issue is that one of the experts commissioned as manager is Ángela María Sarmiento, head of Oare, an office that functions as the interlocutor between Minenergía and Creg.
“The Oare must build bridges between public policy and regulation, but if the person is the same, a filter is lost in what the Creg or public policy proposes. There is not that discussion that is always enriching,” said the former director of the ministry.
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José Fernando Prada, executive director of the Creg
More vacancies in the Creg
On June 18, the expert commissioner Natasha Avendaño left the CREG, after the Council of State annulled his designation. She had been appointed by former President Iván Duque on August 2, 2022, just five days before leaving the Casa de Nariño.
In addition, this week the four-year period of joseph fernando prada, current executive director of the Creg. With his departure, President Petro will no longer have the task of appointing four but rather the six people who make up the Committee of Experts.
This committee is the first instance that approves the regulation that the Creg intends to issue. Then, the proposal must be sent to the full Creg for its respective study and approval, if applicable.
In addition to the commissioned experts, the decisions in the Creg are in charge of the Minister Irene Vélez -who presides over it-, the Minister of Finance, Ricardo Bonilla; and the director of the National Planning Department (DNP), Jorge Iván González.
Former Creg commissioner, Natasha Avendaño.
As things are in the Creg, it no longer makes sense that the President Gustavo Petro continue to insist on assuming the functions of a general nature delegated to this entity because you can appoint experts you trust and who share your political ideology.
The three-month extensions decreed for the four commissioned experts who are already in the Creg expire next October, after this period the president must appoint these people as property.
Although he also has the option of appointing new commissioners as managers, again for three months. You can do the same to fill the vacancies of Prada and Avendaño.
