ATRIA is the largest energy dealer in Perú with regional presence in Chile. It has more than 650 industrial clients. One of Atria’s pillars is to ensure that the supply of electricity to its clients is provided under the best conditions.
This year, Osinergmin has initiated a series of inspections and sanctioning procedures against Atria for miscalculating the amount to be transferred to the Energy Social Inclusion Fund. The fiscalized periods are eight (8), which correspond to each semester of the years 2018, 2019, 2020 and 2021. Of these eight (8) periods, Osinergmin has already started the sanctioning procedure for four (4) of them (2018-1, 2018-2, 2019-1 and 2019-2).
The fines that Osinergmin aims to impose on Atria are totally disproportionate regarding the infraction committed by Atria, which was even corrected prior to the initiation of the sanctioning procedure. By imposing those amounts, Osinermgin is violating the principles of the administrative sanctioning procedure, such as the principle of reasonableness, proportionality and even typicality.
We are currently defending our client’s rights to the extent that Osinergmin’s actions are totally confiscatory and violate its right to due process.
