The Tierra del Fuego justice system stopped gas rate increases for all users in the province during the winter months. The measure responds to the amparo action presented by the Provincial Government led by Gustavo Melella together with residents of the “Tierra del Fuego” tariff subzone, against the State and ENARGAS.
It requested the declaration of “nullity, unconstitutionality and inapplicability of Resolutions No. 41/24 of the Ministry of Energy of the Nation and No. 122/24 of ENARGAS.” “They must refrain from applying the new tariff tables stipulated there to all users and consumers of the public gas service through networks in the ‘Tierra del Fuego’ tariff subzone,” the document says. The ruling is signed by federal judge Mariel Borruto.
A clarification is that although Borruto suspends the application of the new tariff tables to users and consumers of the “Tierra del Fuego” tariff subzone, it rejects the request for refund or compensation of the excess tariffs paid until a final ruling is issued. .
Among the reasons, the Court considers that “the new rates do not comply with the principles of predictability, proportionality and gradualness established in laws 24,240 and 24,076.”
Furthermore, it is considered that the precautionary measure “does not substantially affect the public interest and is necessary to avoid irreparable damage to users.” According to the March rate tables, for a N1 residential it would be $5,224, for a N2 $1,925 and for a N3 $3,733, according to the consulting firm Economía y Energía.
Finally, they justify “the urgency of the measure” due to possible “negative consequences for users during the winter.” The precautionary measure will be valid for three months.
RATES: THE CELEBRATION OF GOVERNOR MELELLA
Governor Gustavo Melella came out to celebrate the court ruling. However, it is not clear that in practice it implies the suspension of the increases. The resolution that is in the case became old, since in recent days it was replaced by another.
“I want to express my satisfaction with the recent court ruling that protects our citizens,” Melella wrote in X. “The suspension of resolutions 41/2024 and 122/2024 of the National Energy Secretariat ensures that the new gas tariff tables are not applied, alleviating the economic burden on our families,” he added.
“This is a step towards justice and the protection of our rights in these moments of extreme temperatures that hit our province and the Patagonian region,” Melella wrote.
