On January 12, 2026, Exempt Decree No. 354 of the Ministry of Energy was published in the Official Gazette. This regulatory instrument marks the final milestone of the annual transmission planning process for 2024, ordering the commencement of the tendering processes for a significant set of New Projects in both the National Transmission System and the Zonal Systems.
This decree is the result of a technical and regulatory process that included the issuance of the Final Technical Report by the National Energy Commission (CNE) and the resolution of disputes by the Honorable Panel of Experts during 2025. Its importance lies in the fact that it defines the critical infrastructure that must be built over the next five years to enable the energy transition, improve supply security, and allow the connection of new generation projects.
The Decree orders the tendering of a total of 23 new projects of high strategic relevance:
A. National Transmission System
The execution of six megaprojects aimed at strengthening the backbone of the electric system is ordered. Notable projects include:
- New 2x500 kV Line Nueva Chuquicamata – Miraje: A key project for the Far North, with a reference investment exceeding USD 90 million.
- Tiquel – Tiuquilemu System (500 kV): A set of works (substations and lines) with a combined reference investment exceeding USD 190 million, designed to strengthen the central-southern zone and enable new renewable injection hubs.
B. Zonal Transmission Systems
Se decretan 17 obras distribuidas en los sistemas A, B, E y F, con un fuerte foco en la zona centro (Sistema E) y sur (Sistema F). Estas obras buscan resolver congestiones locales y mejorar la calidad de servicio en regiones como Coquimbo, Maule, O’Higgins y Los Lagos. Proyectos como la Nueva S/E Pichilemu y la Nueva S/E Puerto Octay son vitales para la demanda y la generación distribuida en dichas zonas.
Implicancias Regulatorias y Prácticas
1.Impact on Investment Timelines
The decree triggers mandatory deadlines. The National Electric Coordinator must initiate the international public tender processes within twelve months following publication of the decree. For developers and investors, this implies the imminent opening of business opportunities with a total reference value exceeding USD 500 million.
2. Change in Classification of Dedicated Facilities
A critical aspect of the decree is the express identification of dedicated facilities that will be intervened. Pursuant to Article 87 of the General Electricity Services Law (LGSE), these facilities will change their classification to public service (National or Zonal).
3. Coordination with Expansion Projects
The decree establishes suspensive conditions for award. Several new projects (e.g., the New Tiquel Substation) are conditioned upon the successful award of expansion projects contained in Exempt Decree No. 276/2025. This requires bidders to conduct an integrated analysis of both decrees in order to properly assess project risks.
Risks and Key Legal Considerations
1.Demanding Construction Deadlines
The execution deadlines set (between 48 and 72 months) are challenging given the current permitting landscape. The decree establishes that deadlines run from the publication in the Official Gazette of the award decree (Article 96 LGSE). Non-compliance entails the enforcement of performance bonds and fines; therefore, permitting strategy (RCA, electrical concessions) must be prioritized from the bidding stage.
2. Preliminary Corridors
It is relevant to note that, according to the recitals of the decree, none of these projects will be subject to the Preliminary Corridor procedure. This means that the risk associated with route definition, easement constitution, and community engagement rests entirely with the awardee, who will not benefit from a corridor pre-evaluated by the State.
3.Interaction with Landowners
Given the location of the new substations (e.g., agricultural areas in Maule or O’Higgins), high complexity is expected in land negotiations. We recommend initiating title studies and land acquisition strategies at an early stage, considering the possibility of having to resort to compulsory electrical concessions.
Conclusions and Recommendations
Decree No. 354 represents a clear signal of expansion of electrical infrastructure. For market participants, we recommend:
- Monitoring of Tenders: Closely follow the calls to be issued by the National Electric Coordinator during 2026.
- Route Due Diligence: In the absence of preliminary corridors, it is crucial to assess the territorial feasibility of the reference routes before bidding.
- Review of Dedicated Assets: Owners of dedicated lines that will be intervened should prepare legally and from an accounting perspective for the change in regime of their assets.
Should you require further information on this matter, please contact Francisco López (flopez@jdf.cl) or Eduardo Silva (esilva@jdf.cl).
