In the coming days, the federal judge of Río Grande, Dr. Mariel Borruto, could issue a final resolution on the controversial issue of increasing gas rates, after the Appeals Chamber of the Federal Justice of Comodoro Rivadavia issued a key decision in relation to a precautionary measure presented by the government of Tierra del Fuego.
This was implied by Dr. Juan Vicente, secretary of the Federal Court of Río Grande, who on ((La 97)) Radio Fueguina explained the scope of the recent resolution of the Court of Appeals. “What the Chamber resolved yesterday were several things in relation to what the federal judge had initially resolved”said Vicente. At the center of the dispute is a proposal from the Fuegian government that questions the validity of the increases ordered by the Ministry of Energy together with the National Gas Regulatory Entity (ENARGAS).
The precautionary measure presented by Tierra del Fuego sought to avoid gas supply cuts to those users who could not afford the rate increases, considered exorbitant. The federal judge had ruled that, while the underlying issue was being reviewed, there should be no supply cuts, arguing that such actions could generate “irreparable damage” in the winter climate context of the region.
«The judge understood that it was appropriate that while the time to review this lasted, so that the National State could respond and everything that entails, the procedure was not carried out in supply cuts by virtue of those increases, because that could cause damage. irreparable”said Vicente. He highlighted the importance of avoiding interruptions in gas service, especially in a province where adverse weather conditions make gas supply vital.
The national government, through ENARGAS, appealed this measure, which took the issue to the Court of Appeals. That court, however, confirmed the validity of the precautionary measure ordered by the judge, establishing that “It was an appropriate measure until the substance of the matter was resolved” as expressed by the secretary of the Court.
In addition, the Chamber addressed a challenge presented by the national State, which argued that the judge had advanced her opinion when issuing the precautionary measure. The Chamber rejected this challenge, concluding that “What the judge had done was resolve what had been presented to her at that moment” and that his assessments did not constitute an advance of opinion. With this decision, the judge is now in a position to address and resolve the underlying issue.
“There was a delay in resolving the issue due to the request for recusal, but from what I understand, in the coming days, next week, the judge will surely be in a position to give an answer to this request, whether it is “The resolution that ordered the rate increases was valid or not”Vicente then noted.
The substance of the issue revolves around the methodology used by the Ministry of Energy and ENARGAS to calculate the new gas rates, which led to increases of up to 1,200% in bills. This increase has been criticized from the point of view of consumer law, since it is questioned whether there was sufficient foresight and information for users and whether the increase is proportional to a predictable family economy.
Dr. Juan Vicente stressed the importance of gas service, highlighting that “it is essentially a service that is managed differently from other services” and that it does not have viable alternatives for users, unlike optional services such as entertainment platforms. The judge’s final decision could have a significant impact on the regulation of gas rates and the protection of consumer rights in Tierra del Fuego and other regions affected by rate increases.
Ultimately, the resolution that the federal judge could issue in the coming days will be crucial to determine the validity of the rate increases and the protection of consumers against increases considered disproportionate and potentially harmful.
