MINEM formalizes free transfer of rural electrification to Electro Oriente

The Ministry of Energy and Mines (MINEM) formalized the free-of-charge transfer of assets from a rural electrification project located in the district of Bagua Grande, province of Utcubamba, department of Amazonas, in favor of the Empresa Regional de Servicio Público de Electricidad del Oriente S.A. – Electro Oriente S.A., for a total amount of S/ 6,076,128.67. The decision is contained in Ministerial Resolution No. 437-2026-MINEM/DM, signed on October 9, 2026, and published on Tuesday, October 13, 2026, in the Legal Norms section of the Official Gazette El Peruano.

The regulation is based on Article 18 of Law No. 28749, General Law of Rural Electrification, which empowers MINEM to transfer the Rural Electrical Systems (SER) it executes free of charge, either to the Empresa de Administración de Infraestructura Eléctrica S.A. – ADINELSA or to state-owned electricity distribution concessionaire companies under the scope of the National Fund for the Financing of State Business Activity – FONAFE, at the ministry’s discretion and via ministerial resolution.

Paragraph 41.1 of Article 41 of the Regulations of Law No. 28749, approved by Supreme Decree No. 018-2020-EM and modified by Supreme Decree No. 003-2026-EM, establishes this same procedure. The resolution is also issued under Law No. 30705, Law of Organization and Functions of MINEM, Supreme Decree No. 031-2007-EM, and Directive No. 002-2021-MINEM/DGER, approved by Directorial Resolution No. 043-2021-MINEM/DGER.

The project and the benefited localities

The Annex of the resolution identifies the investment with Unique Investment Code CUI 2091559 and details the project as the electrification of the following localities in the district of Bagua Grande:

• El Sauce
• Cruz Baja
• Vista Florida
• Las Mercedes
• Laguna El Pato
• San Lorenzo
• San José
• El Verde
• El Balcón
• La Esperanza
• La Tabla
• El Nogal
• Campo Alegre
• San Juan de Chota

The Project’s Experimental Operation Conformity Act was signed on September 6, 2020, while the final liquidation was approved via Directorial Resolution No. 427-2023-MINEM/DGER, dated October 13, 2023. The total amount of the investment to be transferred amounts to S/ 6,076,128.67 (six million seventy-six thousand one hundred twenty-eight and 67/100 soles).

Technical and operational support

According to Report No. 134-2026-MINEM/DGER/DPRO-JER from the Renewable Energy Department of the General Directorate of Rural Electrification (DGER), there are operational, commercial, and social interest reasons to carry out the transfer in favor of the concessionaire. The RES is located in the province of Utcubamba, a geographical area where the public electricity supply is managed by Electro Oriente S.A., which is responsible for its operation, maintenance, and commercialization.

Report No. 459-2026-MINEM/DGER-JAL from the Legal Advisory Department of the DGER concluded that the file complies with all the requirements of Law No. 28749 and its Regulations, and that it is appropriate to declare the transfer of the assets financed by the DGER as admissible. The ministry’s General Office of Legal Advice, through Report No. 1341-2026-MINEM/OGAJ, indicated that the DGER legally evaluated the feasibility of the operation and that it is legally viable to issue the resolutive act.

The project had already been delivered by the DGER and had been operated by the concessionaire since the signing of the certificate of conformity; therefore, the resolution formalizes a factual situation that had persisted since 2020.

Scope of the resolution

Ministerial Resolution No. 437-2026-MINEM/DM provides in its resolutive part:

• Article 1: formalize the free-of-charge transfer of the assets that make up the rural electrification project detailed in the Annex, for S/ 6,076,128.67, in favor of Electro Oriente S.A.
• Article 2: notify Electro Oriente S.A. and FONAFE of the provisions in Article 1.
• Article 3: arrange for the publication of the resolution and its Annex on the MINEM digital portal (www.gob.pe/minem), on the same day as its publication in the Official Gazette El Peruano.

The instrument bears the signature of the Minister of Energy and Mines, Guillermo Shinno Huamaní. In the same edition, Ministerial Resolution No. 438-2026-MINEM/DM was published, which formalizes a similar transfer in favor of Electronoroeste S.A. for S/ 323,283.22, corresponding to an electrification system in the district and province of Sechura, department of Piura.

The formalization closes a pending procedure for fourteen rural localities of Bagua Grande that had been receiving electrical service for years without formal title to the installations. With the transfer, Electro Oriente S.A. assumes ownership of the assets and consolidates its responsibility for the operation and maintenance of the infrastructure, while MINEM and FONAFE are notified of the act.

Source: Official Gazette El Peruano, edition of Tuesday, October 13, 2026, Legal Norms section, p. 13 (official reference: Ministerial Resolution No. 437-2026-MINEM/DM).