Legal nature of the commission of experts that sets the new replacement value in matters of electrical distribution

Summary

Article 118 of DFL No. 1 of 1982 establishes that: “If there is no agreement between the concessionaire and the Superintendence (of Electricity and Fuels), the VNR (New Replacement Value) will be determined by an expert commission.” We found it interesting to specify the legal nature of this entity, which establishes an essential component for the calculation of the electricity rate. As is known, expertise and experts are not legal institutions. It is simply a personal quality: having scientific, artistic or practical knowledge. Therefore, when we ask about the legal nature of an expert, we refer to the function they perform (administrative, jurisdictional, advisory), and the scope of their practice (public, private).